[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5714-S5892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2352. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr.
[[Page S5715]]
McConnell to the 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; which was ordered to
lie on the table; as follows:
On page 256, strike lines 5 through 13 and insert the
following:
(2) in subsection (c)(1)(C), by inserting ``in a state of
good repair'' after ``equipment and facilities''.
______
SA 2353. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Strike section 11201 (relating to credits for untaxed
transportation fuels).
______
SA 2354. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Beginning on page 257, strike line 14 and all that follows
through page 258, line 3, and insert the following:
(2) in subsection (d)(2)(A)--
(A) in clause (iii), by adding ``and'' at the end;
(B) by striking clause (iv); and
(C) by redesignating clause (v) as clause (iv);
On page 258, line 4, strike ``(4)'' and insert ``(3)''.
On page 260, line 10, strike ``(5)'' and insert ``(4)''.
______
SA 2355. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
In subsection (d)(3)(A) of section 31203 (relating to
consolidated research prospectus and strategic plan), strike
clauses (iii) through (vi) and insert the following:
(iii) preserving the environment;
(iv) improving mobility;
(v) preserving the existing transportation system;
(vi) improving the durability and extending the life of
transportation infrastructure; and
(vii) improving goods movement;
______
SA 2356. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Beginning on page 321, strike line 8 and all that follows
through ``Transportation.'' on page 322, line 5.
On page 726, strike line 17 and all that follows through
``(7)'' on line 20 and insert ``(6)''.
______
SA 2357. Mr. CORNYN submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the end of title LXII of division F, add the following:
SEC. 62___. AMENDMENTS TO PUBLIC LAW 87-532.
Public Law 87-532 (76 Stat. 153) is amended--
(1) in the first section, in subsection (a)(2)--
(A) by inserting ``and its successors and assigns,'' after
``State of Texas'';
(B) by inserting ``consisting of not more than 14 lanes''
after ``approaches thereto''; and
(C) by striking ``and for a period of sixty-six years from
the date of completion of such bridge,'';
(2) in section 2, by inserting ``and its successors and
assigns,'' after ``companies'';
(3) by redesignating sections 3, 4, and 5 as sections 4, 5,
and 6, respectively;
(4) by inserting after section 2 the following:
``SEC. 3. RIGHTS OF STARR-CAMARGO BRIDGE COMPANY AND
SUCCESSORS AND ASSIGNS.
``(a) In General.--The Starr-Camargo Bridge Company and its
successors and assigns shall have the rights and privileges
granted to the B and P Bridge Company and its successors and
assigns under section 2 of the Act of May 1, 1928 (45 Stat.
471, chapter 466).
``(b) Requirement.--In exercising the rights and privileges
granted under subsection (a), the Starr-Camargo Bridge
Company and its successors and assigns shall act in
accordance with--
``(1) just compensation requirements;
``(2) public proceeding requirements; and
``(3) any other requirements applicable to the exercise of
the rights referred to in subsection (a) under the laws of
the State of Texas.''; and
(5) in section 4 (as redesignated)--
(A) by inserting ``and its successors and assigns,'' after
``such company'';
(B) by striking ``or'' after ``public agency'';
(C) by inserting ``or to a corporation,'' after
``international bridge authority or commission,''; and
(D) by striking ``or commission'' after ``agency,
authority,'' each place it appears and inserting
``commission, or corporation''.
______
SA 2358. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed by her to the 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; which was ordered to lie on the table; as follows:
Strike section 52204 and insert the following:
SEC. 52204. STRATEGIC PETROLEUM RESERVE.
(a) Strategic Petroleum Reserve Test Drawdown and Sale
Notification and Definition Change.--
(1) Notice to congress.--Section 161(g) of the Energy
Policy and Conservation Act (42 U.S.C. 6241(g)) is amended by
striking paragraph (8) and inserting the following:
``(8) Notice to congress.--
``(A) Prior notice.--Not less than 14 days before the date
on which a test is carried out under this subsection, the
Secretary shall notify both Houses of Congress of the test.
``(B) Emergency.--The prior notice requirement in
subparagraph (A) shall not apply if the Secretary determines
that an emergency exists which requires a test to be carried
out, in which case the Secretary shall notify both Houses of
Congress of the test as soon as possible.
``(C) Detailed description.--
``(i) In general.--Not later than 180 days after the date
on which a test is completed under this subsection, the
Secretary shall submit to both Houses of Congress a detailed
description of the test.
``(ii) Report.--A detailed description submitted under
clause (i) may be included as part of a report made to the
President and Congress under section 165.''.
(2) Definition change.--Section 3(8)(C)(iii) of the Energy
Policy and Conservation Act (42 U.S.C. 6202(8)(C)(iii)) is
amended by striking ``sabotage or an act of God'' and
inserting ``sabotage, an act of terrorism, or an act of
God''.
(b) Strategic Petroleum Reserve Mission Readiness
Optimization.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall--
(1) complete a long-range strategic review of the Strategic
Petroleum Reserve; and
(2) develop and submit to Congress a proposed action plan,
including a proposed implementation schedule, that--
(A) specifies near- and long-term roles of the Strategic
Petroleum Reserve relative to the energy and economic
security goals and objectives of the United States;
(B) describes whether existing legal authorities that
govern the policies, configuration, and capabilities of the
Strategic Petroleum Reserve are adequate to ensure that the
Strategic Petroleum Reserve can meet the current and future
energy and economic security goals and objectives of the
United States;
[[Page S5716]]
(C) identifies the configuration and performance
capabilities of the Strategic Petroleum Reserve and
recommends an action plan to achieve the optimal --
(i) capacity, location, and composition of petroleum
products in the Strategic Petroleum Reserve; and
(ii) storage and distributional capabilities; and
(D) estimates the resources required to attain and maintain
the long-term sustainability and operational effectiveness of
the Strategic Petroleum Reserve.
(c) Strategic Petroleum Reserve Modernization.--
(1) Reaffirmation of policy.--Congress reaffirms the
continuing strategic importance and need for the Strategic
Petroleum Reserve as found and declared in section 151 of the
Energy Policy and Conservation Act (42 U.S.C. 6231).
(2) Spr petroleum account.--Section 167(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6247(b)) is amended to
read as follows:
``(b) Obligation of Funds for the Acquisition,
Transportation, and Injection of Petroleum Products Into SPR
and for Other Purposes.--
``(1) Purposes.--Amounts in the Account may be obligated by
the Secretary of Energy for--
``(A) the acquisition, transportation, and injection of
petroleum products into the Reserve;
``(B) test sales of petroleum products from the Reserve;
``(C) the drawdown, sale, and delivery of petroleum
products from the Reserve;
``(D) the construction, maintenance, repair, and
replacement of storage facilities and related facilities; and
``(E) carrying out non-Reserve projects needed to enhance
the energy security of the United States by increasing the
resilience, reliability, safety, and security of energy
supply, transmission, storage, or distribution
infrastructure.
``(2) Amounts.--Amounts in the Account may be obligated by
the Secretary of Energy for purposes of paragraph (1), in the
case of any fiscal year--
``(A) subject to section 660 of the Department of Energy
Organization Act (42 U.S.C. 7270), in such aggregate amounts
as may be appropriated in advance in appropriations Acts; and
``(B) notwithstanding section 660 of the Department of
Energy Organization Act (42 U.S.C. 7270), in an aggregate
amount equal to the aggregate amount of the receipts to the
United States from the sale of petroleum products in any
drawdown and a distribution of the Reserve under section 161,
including--
``(i) a drawdown and distribution carried out under
subsection (g) of that section; or
``(ii) from the sale of petroleum products under section
160(f).
``(3) Availability of funds.--Funds available to the
Secretary of Energy for obligation under this subsection may
remain available without fiscal year limitation.''.
(3) Definition of related facility.--Section 152(8) of the
Energy Policy and Conservation Act (42 U.S.C. 6232(8)) is
amended by inserting ``terminals,'' after ``reservoirs,''.
______
SA 2359. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed by her to the 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; which was ordered to lie on the table; as follows:
Strike section 52204 and insert the following:
SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE;
CLARIFICATION OF EXCISE TAX TREATMENT OF OIL
SANDS.
(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) 7,000,000 barrels of crude oil during fiscal year 2021;
(B) 10,000,000 barrels of crude oil during fiscal year
2022;
(C) 16,000,000 barrels of crude oil during fiscal year
2023;
(D) 25,000,000 barrels of crude oil during fiscal year
2024; and
(E) 25,000,000 barrels of crude oil during fiscal year
2025.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--In any 1 fiscal year described
in subsection (a)(1), the Secretary of Energy shall not
drawdown and sell crude oil under this section in quantities
that would result in a Strategic Petroleum Reserve that
contains an inventory of petroleum products representing
fewer than 90 days of emergency reserves, based on the
average daily level of net imports of crude oil and petroleum
products in the calendar year preceding that fiscal year.
(c) Clarification of Oil Sands as Crude Oil for Excise Tax
Purposes.--
(1) In general.--Paragraph (1) of section 4612(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--The term `crude oil' includes crude oil
condensates, natural gasoline, synthetic petroleum, any
bitumen or bituminous mixture, any oil derived from a bitumen
or bituminous mixture, and any oil derived from kerogen-
bearing sources.''.
(2) Technical amendment.--Paragraph (2) of section 4612(a)
of such Code is amended by striking ``from a well located''.
(3) Effective date.--The amendments made by this subsection
shall apply to oil and petroleum products received, entered,
used, or exported during calendar quarters beginning more
than 60 days after the date of the enactment of this Act.
______
SA 2360. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed by her to the 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; which was ordered to lie on the table; as follows:
Strike section 52204 and insert the following:
SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE;
CLARIFICATION OF EXCISE TAX TREATMENT OF OIL
SANDS.
(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) 3,560,000 barrels of crude oil during fiscal year 2018;
(B) 4,450,000 barrels of crude oil during fiscal year 2019;
(C) 7,120,000 barrels of crude oil during fiscal year 2020;
(D) 7,120,000 barrels of crude oil during fiscal year 2021;
(E) 8,900,000 barrels of crude oil during fiscal year 2022;
(F) 14,250,000 barrels of crude oil during fiscal year
2023;
(G) 22,250,000 barrels of crude oil during fiscal year
2024; and
(H) 22,250,000 barrels of crude oil during fiscal year
2025.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--In any 1 fiscal year described
in subsection (a)(1), the Secretary of Energy shall not
drawdown and sell crude oil under this section in quantities
that would result in a Strategic Petroleum Reserve that
contains an inventory of petroleum products representing
fewer than 90 days of emergency reserves, based on the
average daily level of net imports of crude oil and petroleum
products in the calendar year preceding that fiscal year.
(c) Clarification of Oil Sands as Crude Oil for Excise Tax
Purposes.--
(1) In general.--Paragraph (1) of section 4612(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--The term `crude oil' includes crude oil
condensates, natural gasoline, synthetic petroleum, any
bitumen or bituminous mixture, any oil derived from a bitumen
or bituminous mixture, and any oil derived from kerogen-
bearing sources.''.
(2) Technical amendment.--Paragraph (2) of section 4612(a)
of such Code is amended by striking ``from a well located''.
(3) Effective date.--The amendments made by this subsection
shall apply to oil and petroleum products received, entered,
used, or exported during calendar quarters beginning more
than 60 days after the date of the enactment of this Act.
______
SA 2361. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed by her to the 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; which was ordered to lie on the table; as follows:
Strike section 52204 and insert the following:
SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE;
CLARIFICATION OF EXCISE TAX TREATMENT OF OIL
SANDS.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsections (b) and (d), 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;
[[Page S5717]]
(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.
(c) Clarification of Oil Sands as Crude Oil for Excise Tax
Purposes.--
(1) In general.--Paragraph (1) of section 4612(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--The term `crude oil' includes crude oil
condensates, natural gasoline, synthetic petroleum, any
bitumen or bituminous mixture, any oil derived from a bitumen
or bituminous mixture, and any oil derived from kerogen-
bearing sources.''.
(2) Technical amendment.--Paragraph (2) of section 4612(a)
of such Code is amended by striking ``from a well located''.
(3) Effective date.--The amendments made by this subsection
shall apply to oil and petroleum products received, entered,
used, or exported during calendar quarters beginning more
than 60 days after the date of the enactment of this Act.
(d) Reduction of Drawdown and Sale.--The Secretary of
Energy shall reduce the number of barrels of crude oil
required to be sold for any fiscal year pursuant to
subsection (a) by the total number of barrels with a
cumulative fair market value equal to the projected increase
in revenue for such fiscal year attributable to the
amendments made by subsection (c).
______
SA 2362. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
At the end of division F, add the following:
SEC. 6____. KING COVE ROAD LAND EXCHANGE.
(a) Finding.--Congress finds that the land exchange
required under this section (including the designation of the
road corridor and the construction of the road along the road
corridor) is in the public interest.
(b) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ``Federal land'' means the
approximately 206 acres of Federal land located within the
Refuge as depicted on the map entitled ``Project Area Map''
and dated September 2012.
(B) Inclusion.--The term ``Federal land'' includes the 131
acres of Federal land in the Wilderness, which shall be used
for the road corridor along which the road is to be
constructed in accordance with subsection (c)(2).
(2) Non-federal land.--The term ``non-Federal land'' means
the approximately 43,093 acres of land owned by the State as
depicted on the map entitled ``Project Area Map'' and dated
September 2012.
(3) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge in the State.
(4) Road corridor.--The term ``road corridor'' means the
road corridor designated under subsection (c)(2)(A).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Alaska.
(7) Wilderness.--The term ``Wilderness'' means the Izembek
Wilderness designated by section 702(6) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 1132
note; Public Law 96-487).
(c) Land Exchange Required.--
(1) In general.--If the State offers to convey to the
Secretary all right, title, and interest of the State in and
to the non-Federal land, the Secretary shall convey to the
State all right, title, and interest of the United States in
and to the Federal Land.
(2) Use of federal land.--The Federal land shall be
conveyed to the State for the purposes of--
(A) designating a road corridor through the Refuge; and
(B) constructing a noncommercial single-lane gravel road
along the road corridor between the cities of King Cove and
Cold Bay in the State to provide access to emergency medical
services via the all-weather airport in Cold Bay.
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section--
(i) shall be equal, as determined by appraisals conducted
in accordance with subparagraph (B); or
(ii) if not equal, shall be equalized in accordance with
subparagraph (C).
(B) Appraisals.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and State shall select
an appraiser to conduct appraisals of the Federal land and
non-Federal land.
(ii) Requirements.--The appraisals required under clause
(i) shall be conducted in accordance with nationally
recognized appraisal standards, including--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(C) Equalization.--
(i) Surplus of federal land.--If the final appraised value
of the Federal land exceeds the final appraised value of the
non-Federal land to be conveyed under the land exchange under
this section, the value of the Federal land and non-Federal
land shall be equalized--
(I) by conveying additional non-Federal land in the State
to the Secretary, subject to the approval of the Secretary;
(II) by the State making a cash payment to the United
States; or
(III) by using a combination of the methods described in
subclauses (I) and (II).
(ii) Surplus of non-federal land.--If the final appraised
value of the non-Federal land exceeds the final appraised
value of the Federal land to be conveyed under the land
exchange under this section, the value of the Federal land
and non-Federal land shall be equalized by the State
adjusting the acreage of the non-Federal land to be conveyed.
(iii) Amount of payment.--Notwithstanding section 206(b) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a payment under clause
(i)(II) in excess of 25 percent of the value of the Federal
land conveyed.
(4) Administration.--On completion of the exchange of
Federal land and non-Federal land under this section--
(A) the boundary of the Wilderness shall be modified to
exclude the Federal land; and
(B) the non-Federal land shall be--
(i) added to the Wilderness; and
(ii) administered in accordance with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(II) other applicable laws.
(5) Deadline.--The land exchange under this section shall
be completed not later than 90 days after the date of
enactment of this Act.
(d) Route of Road Corridor.--The route of the road corridor
shall follow the southern road alignment as described in the
alternative entitled ``Alternative 2-Land Exchange and
Southern Road Alignment'' in the final environmental impact
statement entitled ``Izembek National Wildlife Refuge Land
Exchange/Road Corridor Final Environmental Impact Statement''
and dated February 5, 2013.
(e) Requirements Relating to Road.--The requirements
relating to usage, barrier cables, and dimensions and the
limitation on support facilities under subsections (a) and
(b) of section 6403 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1180) shall apply to
the road constructed in the road corridor.
(f) Effect.--The exchange of Federal land and non-Federal
land under this section shall not constitute a major Federal
action for purposes of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
______
SA 2363. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. MULTIYEAR PROCUREMENT AUTHORITY FOR POLAR
ICEBREAKERS.
(a) Multiyear Procurement.--Subject to section 2306b of
title 10, United States Code, the Secretary of the Navy shall
enter into multiyear contracts for the procurement of two
heavy polar icebreakers and any systems and equipment
associated with those vessels.
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2016, for advance procurement associated with the
vessels, systems, and equipment for which authorization to
enter into a multiyear contract is provided under subsection
(a).
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2016 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
[[Page S5718]]
(d) Memorandum of Agreement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Navy and the Secretary of the Department in which the Coast
Guard is operating shall enter into a memorandum of agreement
establishing a process by which the Coast Guard, in
concurrence with the Navy, shall--
(1) identify the vessel specifications, capabilities,
systems, equipment, and other details required for the design
of heavy polar icebreakers capable of fulfilling Navy and
Coast Guard mission requirements, with the Coast Guard, as
the sole operator of United States Government polar
icebreaking assets, retaining final decision authority in the
establishment of vessel requirements;
(2) oversee the construction of heavy polar icebreakers
authorized to be procured under this section; and
(3) to the extent not adequately addressed in the 1965
Revised Memorandum of Agreement between the Department of the
Navy and the Department of the Treasury on the Operation of
Icebreakers, transfer heavy polar icebreakers procured
through contracts authorized under this section from the Navy
to the Coast Guard to be maintained and operated by the Coast
Guard.
______
SA 2364. Mr. CRAPO (for himself and Mr. Carper) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
Strike section 52203.
______
SA 2365. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. INFLATION ADJUSTMENT FOR TAX ON GASOLINE AND DIESEL
FUEL.
(a) Adjustment for Manufacturer Level Tax.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 32 of the Internal Revenue Code of 1986 is amended by
redesignating section 4084 as section 4085 and inserting
after section 4083 the following new section:
``SEC. 4084. INFLATION ADJUSTMENT FOR GASOLINE, KEROSENE, AND
DIESEL FUEL.
``(a) In General.--In the case of any calendar year
beginning after 2015, each of the specified amounts shall be
adjusted 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 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(b) Specified Amounts.--For purposes of subsection (a),
the specified amounts are--
``(1) the 18.3 cent amount under section 4081(a)(2)(A)(i),
``(2) the 24.3 cent amount under section
4081(a)(2)(A)(iii), and
``(3) the 19.7 cent amount under section 4081(a)(2)(D).
``(c) Rounding.--If any amount as adjusted under subsection
(a) is not a multiple of 0.1 cents, such amount shall be
rounded to the next highest multiple of 0.1 cents.
``(d) Floor Stocks Tax.--
``(1) In general.--There is hereby imposed on any
applicable fuel held on an inflation adjustment date, by any
person a tax equal to--
``(A) the tax which would have been imposed under section
4081 on the day before such inflation adjustment date on such
applicable fuel had the most recent inflation adjustment
under subsection (a) been in effect at all times before such
inflation adjustment date, reduced by
``(B) the tax imposed under section 4081 on such applicable
fuel before such inflation adjustment date.
``(2) Liability for tax and method of payment.--
``(A) Liability for tax.--A person holding an applicable
fuel on an inflation adjustment date to which the tax imposed
by paragraph (1) applies shall be liable for such tax.
``(B) Method of payment.--The tax imposed by paragraph (1)
shall be paid in such manner as the Secretary shall
prescribe.
``(C) Time for payment.--The tax imposed by paragraph (1)
shall be paid on or before the date which is 3 months after
the inflation adjustment date.
``(3) Definitions.--For purposes of this subsection--
``(A) Held by a person.--An applicable fuel shall be
considered as `held by a person' if title thereto has passed
to such person (whether or not delivery to the person has
been made).
``(B) Applicable fuel.--The term `applicable fuel' means
gasoline (other than aviation gasoline), diesel fuel, and
kerosene.
``(C) Inflation adjustment date.--The term `inflation
adjustment date' means any date on which there is an increase
in tax by reason of an adjustment under subsection (a).
``(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to applicable fuel held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 is allowable for
such use.
``(5) Exception for fuel held in vehicle tank.--No tax
shall be imposed by paragraph (1) on applicable fuel held in
the tank of a vehicle.''.
(2) Conforming amendments.--
(A) Section 4081(a)(2)(D) of the Internal Revenue Code of
1986 is amended by striking ``for `24.3 cents' '' and
inserting ``for the dollar applicable thereunder.''
(B) The table of sections for subpart A of part III of
subchapter A of chapter 32 of the Internal Revenue Code of
1986 is amended by redesignating the item relating to section
4084 as relating to section 4085 and by inserting after the
item relating to section 4083 the following new item:
``Sec. 4084. Inflation adjustment for gasoline, kerosene, and diesel
fuel.''.
(b) Adjustment for Retail Tax.--Section 4041 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(c) Inflation Adjustment for Certain Tax Rates.--
``(1) In general.--In the case of any calendar year
beginning after 2015, each of the specified amounts shall be
adjusted by an amount equal to--
``(A) such amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Specified amount.--For purposes of paragraph (1), the
specified amounts are--
``(A) the 24.3 cent amount under subsection (a)(2)(B)(ii),
``(B) the 18.3 cent amount under subsection (a)(3),
``(C) the 9.15 cent amount under subsection (m)(1)(A)(i),
and
``(D) the 11.3 cent amount under subsection (m)(1)(A)(ii).
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of 0.1 cents, such amount shall be
rounded to the next highest multiple of 0.1 cents.''.
(c) Effective Date.--The amendments made by this section
shall apply to fuel removed, entered, sold, or used after
December 31, 2015.
______
SA 2366. Mr. SULLIVAN submitted an amendment intended to be proposed
by him to the 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; which was ordered to
lie on the table; as follows:
Beginning on page 14, strike line 15 and all that follows
through page 15, line 4, and insert the following:
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code--
(i) $466,000,000 for fiscal year 2016;
(ii) $476,000,000 for fiscal year 2017;
(iii) $486,000,000 for fiscal year 2018;
(iv) $496,000,000 for fiscal year 2019;
(v) $506,000,000 for fiscal year 2020; and
(vi) $516,000,000 for fiscal year 2021.
On page 17, line 20, strike ``$130,000,000'' and insert
``$124,000,000''.
Beginning on page 103, strike line 21 and all that follows
through page 104, line 5, and insert the following:
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'';
(2) in subsection (b)(3)(B)--
(A) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``Tribal shares under this
program'' and inserting the following:
``(i) In general.--Subject to clause (ii), tribal shares
under this program''; and
(C) by adding at the end the following:
``(ii) Funding floor.--
``(I) Amount.--For each fiscal year, an Indian tribe shall
receive an amount under this program that is not less than
$75,000.
``(II) Calculation.--In calculating the amount under
subclause (I), the Secretary shall include any amounts
authorized for the Indian tribe under this subparagraph that
are not available for obligation due to a limitation on
obligations for the fiscal year''; and
(3) in subsection (d)(2), in the matter preceding
subparagraph (A) by striking ``2 percent'' and inserting ``3
percent''.
[[Page S5719]]
______
SA 2367. Mr. THUNE (for himself, Mr. Nelson, Mr. Heller, Mrs.
McCaskill, Ms. Ayotte, Mr. Moran, and Mr. Blumenthal) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
At the end of subtitle D of title XXXIV of division C, add
the following:
PART IV--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
SEC. 34441. SHORT TITLE.
This part may be cited as the ``Motor Vehicle Safety
Whistleblower Act''.
SEC. 34442. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND
PROTECTIONS.
(a) In General.--Subchapter IV of chapter 301 is amended by
adding at the end the following:
``Sec. 30172. Whistleblower incentives and protections
``(a) Definitions.--In this section:
``(1) Covered action.--The term `covered action' means any
administrative or judicial action, including any related
administrative or judicial action, brought by the Secretary
or the Attorney General under this chapter that in the
aggregate results in monetary sanctions exceeding $1,000,000.
``(2) Monetary sanctions.--The term `monetary sanctions'
means monies, including penalties and interest, ordered or
agreed to be paid.
``(3) Original information.--The term `original
information' means information that--
``(A) is derived from the independent knowledge or analysis
of an individual;
``(B) is not known to the Secretary from any other source,
unless the individual is the original source of the
information; and
``(C) is not exclusively derived from an allegation made in
a judicial or an administrative action, in a governmental
report, a hearing, an audit, or an investigation, or from the
news media, unless the individual is a source of the
information.
``(4) Part supplier.--The term `part supplier' means a
manufacturer of motor vehicle equipment.
``(5) Successful resolution.--The term `successful
resolution' includes any settlement or adjudication of a
covered action.
``(6) Whistleblower.--The term `whistleblower' means any
employee or contractor of a motor vehicle manufacturer, part
supplier, or dealership who voluntarily provides to the
Secretary original information relating to any motor vehicle
defect, noncompliance, or any violation or alleged violation
of any notification or reporting requirement of this chapter
which is likely to cause unreasonable risk of death or
serious physical injury.
``(b) Awards.--
``(1) In general.--If the original information that a
whistleblower provided to the Secretary led to the successful
resolution of a covered action, the Secretary, subject to
subsection (c), may pay an award or awards to 1 or more
whistleblowers in an aggregate amount of not more than 30
percent, in total, of collected monetary sanctions.
``(2) Payment of awards.--Any amount payable under
paragraph (1) shall be paid from the monetary sanctions
collected, and any monetary sanctions so collected shall be
available for such payment.
``(c) Determination of Awards; Denial of Awards.--
``(1) Determination of awards.--
``(A) Discretion.--The determination of whether, to whom,
or in what amount to make an award shall be in the discretion
of the Secretary.
``(B) Criteria.--In determining an award made under
subsection (b), the Secretary shall take into consideration--
``(i) if appropriate, whether a whistleblower reported or
attempted to report the information internally to an
applicable motor vehicle manufacturer, part supplier, or
dealership;
``(ii) the significance of the original information
provided by the whistleblower to the successful resolution of
the covered action;
``(iii) the degree of assistance provided by the
whistleblower and any legal representative of the
whistleblower in the covered action; and
``(iv) such additional factors as the Secretary considers
relevant.
``(2) Denial of awards.--No award under subsection (b)
shall be made--
``(A) to any whistleblower who is convicted of a criminal
violation related to the covered action for which the
whistleblower otherwise could receive an award under this
section;
``(B) to any whistleblower who, acting without direction
from an applicable motor vehicle manufacturer, part supplier,
or dealership, or agent thereof, deliberately causes or
substantially contributes to the alleged violation of a
requirement of this chapter;
``(C) to any whistleblower who submits information to the
Secretary that is based on the facts underlying the covered
action submitted previously by another whistleblower;
``(D) to any whistleblower who fails to provide the
original information to the Secretary in such form as the
Secretary may require by regulation; or
``(E) to any whistleblower who fails to report or attempt
to report the information internally to an applicable motor
vehicle manufacturer, parts supplier, or dealership, unless--
``(i) the whistleblower reasonably believed that such an
internal report would have resulted in retaliation,
notwithstanding section 30171(a); or
``(ii) the whistleblower reasonably believed that the
information--
``(I) was already internally reported;
``(II) was already subject to or part of an internal
inquiry or investigation; or
``(III) was otherwise already known to the motor vehicle
manufacturer, part supplier, or dealership.
``(d) Representation.--A whistleblower may be represented
by counsel.
``(e) No Contract Necessary.--No contract with the
Secretary is necessary for any whistleblower to receive an
award under subsection (b).
``(f) Protection of Whistleblowers; Confidentiality.--
``(1) In general.--Notwithstanding section 30167, and
except as provided in paragraphs (4) and (5) of this
subsection, the Secretary, and any officer or employee of the
Department of Transportation, shall not disclose any
information, including information provided by a
whistleblower to the Secretary, which could reasonably be
expected to reveal the identity of a whistleblower, except in
accordance with the provisions of section 552a of title 5,
unless--
``(A) required to be disclosed to a defendant or respondent
in connection with a public proceeding instituted by the
Secretary or any entity described in paragraph (5);
``(B) the whistleblower provides prior written consent for
the information to be disclosed; or
``(C) the Secretary, or other officer or employee of the
Department of Transportation, receives the information
through another source, such as during an inspection or
investigation under section 30166, and has authority under
other law to release the information.
``(2) Redaction.--The Secretary, and any officer or
employee of the Department of Transportation, shall take
reasonable measures to not reveal the identity of the
whistleblower when disclosing any information under paragraph
(1).
``(3) Section 552(b)(3)(B).--For purposes of section 552 of
title 5, paragraph (1) of this subsection shall be considered
a statute described in subsection (b)(3)(B) of that section.
``(4) Effect.--Nothing in this subsection is intended to
limit the ability of the Attorney General to present such
evidence to a grand jury or to share such evidence with
potential witnesses or defendants in the course of an ongoing
criminal investigation.
``(5) Availability to government agencies.--
``(A) In general.--Without the loss of its status as
confidential in the hands of the Secretary, all information
referred to in paragraph (1) may, in the discretion of the
Secretary, when determined by the Secretary to be necessary
or appropriate to accomplish the purposes of this chapter and
in accordance with subparagraph (B), be made available to the
following:
``(i) The Department of Justice.
``(ii) An appropriate department or agency of the Federal
Government, acting within the scope of its jurisdiction.
``(B) Maintenance of information.--Each entity described in
subparagraph (A) shall maintain information described in that
subparagraph as confidential, in accordance with the
requirements in paragraph (1).
``(g) Provision of False Information.--A whistleblower who
knowingly and willfully makes any false, fictitious, or
fraudulent statement or representation, or who makes or uses
any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry, shall
not be entitled to an award under this section and shall be
subject to prosecution under section 1001 of title 18.
``(h) Appeals.--
``(1) In general.--Any determination made under this
section, including whether, to whom, or in what amount to
make an award, shall be in the discretion of the Secretary.
``(2) Appeals.--Any determination made by the Secretary
under this section may be appealed by a whistleblower to the
appropriate court of appeals of the United States not later
than 30 days after the determination is issued by the
Secretary.
``(3) Review.--The court shall review the determination
made by the Secretary in accordance with section 706 of title
5.
``(i) Regulations.--Not later than 18 months after the date
of enactment of the Motor Vehicle Safety Whistleblower Act,
the Secretary shall promulgate regulations on the
requirements of this section, consistent with this
section.''.
(b) Rule of Construction.--
(1) Original information.--Information submitted to the
Secretary of Transportation by a whistleblower in accordance
with the requirements of section 30172 of title 49, United
States Code, shall not lose its status as original
information solely because the whistleblower submitted the
information prior to the effective date of the regulations if
that information was submitted after the date of enactment of
this Act.
[[Page S5720]]
(2) Awards.--A whistleblower may receive an award under
section 30172 of title 49, United States Code, regardless of
whether the violation underlying the covered action occurred
prior to the date of enactment of this Act, and may receive
an award prior to the Secretary of Transportation
promulgating the regulations under section 30172(i) of that
title.
(c) Conforming Amendments.--The table of contents of
subchapter IV of chapter 301 is amended by adding at the end
the following:
``30172. Whistleblower incentives and protections.''.
______
SA 2368. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
In section 12204 (relating to highway trust fund
transparency and accountability), strike the section heading
and designation and all that follows through the end of
paragraph (2) of section 104(g) of title 23, United States
Code (as added by section 12204) and insert the following:
SEC. 12204. HIGHWAY TRUST FUND AND HIGHWAY INVESTMENT TREND
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) Report on State Highway Expenditure Trends.--Not
later than 180 days after the date of enactment of the DRIVE
Act and annually thereafter, the Secretary shall use existing
data sources to prepare and submit to Congress a report that
describes--
``(1) State government expenditures on highways, by State,
for the most recent 10-year period; and
``(2) for each State, the amount, expressed in a
percentage, of all expenditures for highways in the State for
the most recent 10-year period that were funded by the State
government.
``(h) 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 subsection (g) and 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.
______
SA 2369. Mr. THUNE (for himself and Mr. Nelson) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
On page 19, strike lines 1 through 4.
______
SA 2370. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 583, strike lines 8 through 15, and insert the
following:
(1)(A) a court or other judicial or administrative
authority having jurisdiction authorizes the retrieval of the
data; and
(B) after access, to the extent that retrieved data is
submitted as evidence, the data is subject to the standards
for admission into evidence required by that court or other
judicial or administrative authority;
______
SA 2371. Mr. HOEVEN (for himself, Ms. Stabenow, Mr. Grassley, Ms.
Heitkamp, Mr. Thune, Ms. Klobuchar, Mr. Brown, Mr. Wyden, Mr. Casey,
and Mr. Enzi) submitted an amendment intended to be proposed by him to
the 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; which was ordered to
lie on the table; as follows:
At the end of division F, add the following:
SEC. 62____. COUNTRY OF ORIGIN LABELING REQUIREMENTS FOR
BEEF, PORK, AND CHICKEN.
(a) Definitions.--Section 281 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1638) is amended--
(1) by striking paragraphs (1) and (7);
(2) by redesignating paragraphs (2), (3), (4), (5), (6),
(8), and (9) as paragraphs (1), (2), (3), (4), (5), (6), and
(7), respectively; and
(3) in paragraph (1)(A) (as redesignated by paragraph
(2))--
(A) by striking clause (i) and inserting the following:
``(i) muscle cuts of lamb and venison;'';
(B) by striking clause (ii) and inserting the following:
``(ii) ground lamb and ground venison;'';
(C) in clause (vi), by striking ``and'' at the end;
(D) by striking clause (viii); and
(E) by redesignating clauses (ix), (x), and (xi) as clauses
(viii), (ix), and (x), respectively.
(b) Notice of Country of Origin.--Section 282 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``beef, lamb,
pork, chicken,''; and inserting ``lamb,'';
(ii) in subparagraphs (A) through (D), by striking ``beef,
lamb, pork, chicken,'' each place it appears and inserting
``lamb,''; and
(iii) in subparagraph (E)--
(I) in the subparagraph heading, by striking ``Ground beef,
pork, lamb, chicken,'' and inserting ``Ground lamb,''; and
(II) by striking ``ground beef, ground pork, ground lamb,
ground chicken,'' each place it appears and inserting
``ground lamb,'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b) the following:
``(c) Voluntary Designation of Country of Origin for Beef,
Pork, and Chicken.--
``(1) Definition of packer.--In this subsection, the term
`packer' has the meaning given the term in section 201 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 191)).
``(2) Voluntary designation.--As determined by the
Secretary, a packer of beef, pork, or chicken may voluntarily
designate any raw single-ingredient beef, pork, or chicken
intended for retail sale as exclusively having a United
States country of origin only if the beef, pork, or chicken
meets the requirements of clause (i), (ii), or (iii) of
subsection (a)(2)(A).
``(3) Enforcement.--The Secretary shall ensure compliance
with paragraph (2) in the same manner as the Secretary
ensures compliance with subsection (a)(2)(A).
``(4) Savings clause.--
``(A) In general.--Except as provided in subparagraph (B),
nothing in this paragraph affects any other Federal marketing
or regulatory program or similar State initiative.
``(B) United states country of origin.--No Federal agency,
State, or political establishment of a State may establish or
enforce a statute or administrative action that provides for
the labeling of any beef, pork, or chicken intended for
retail sale as exclusively having a United States country of
origin in a manner that is less stringent than, or otherwise
inconsistent with, the requirements of paragraph (2) and
subsection (a)(2)(A).''; and
(4) in paragraph (2) of subsection (g) (as redesignated by
paragraph (2))--
(A) by striking subparagraphs (B) and (C); and
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (B) and (C), respectively.
______
SA 2372. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 522, between lines 7 and 8, insert the following:
SEC. 32612. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.
(a) In General.--Section 30120 is amended by adding at the
end the following:
``(k) Limitation on Sale or Lease of Used Passenger Motor
Vehicles.--(1) A dealer may not sell or lease a used
passenger motor vehicle to a purchaser, other than for
resale, until--
``(A) the dealer clearly and conspicuously notifies the
purchaser or lessee, using a printout of VIN-specific results
from the look-up established by the Secretary pursuant to
section 31301 of the MAP-21 (49 U.S.C.
[[Page S5721]]
30166 note), of any notifications of a defect or
noncompliance under subsection (b) or (c) of section 30118
with respect to the vehicle that have not been remedied; and
``(B) the purchaser or lessee acknowledges, in writing, the
receipt of the such notification.
``(2) Paragraph (1) shall not apply if--
``(A) the defect or noncompliance is remedied in accordance
with this section before delivery under the sale or lease; or
``(B) notification of the defect or noncompliance is
required under section 30118(b), but enforcement of the order
is set aside in a civil action to which section 30121(d)
applies.
``(3) Paragraph (1) shall not apply to a dealer if the
recall information regarding a used passenger motor vehicle
was not accessible at the time of the sale or lease using the
means established by the Secretary under section 31301 of the
MAP-21.
``(4) Notwithstanding section 30102(a)(1), in this
subsection--
``(A) the term `dealer' means a person that sold at least
10 motor vehicles to consumers during the most recent 12-
month period; and
``(B) the term `used passenger motor vehicle' means a
passenger motor vehicle that has previously been purchased
other than for resale.''.
(b) Effective Date.--The amendment made under subsection
(a) shall take effect on the date that is 18 months after the
date of the enactment of this Act.
______
SA 2373. Mrs. CAPITO submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
At the end of title LXII of division F, add the following:
SEC. 62002. APPLICABILITY OF CERTAIN SANCTIONS UNDER CLEAN
AIR ACT.
(a) In General.--None of the funds authorized to be
appropriated pursuant to this Act shall be subject to any
sanction under section 179(b)(1) of the Clean Air Act (42
U.S.C. 7509(b)(1)) based on the failure of a State to comply
with any proposed, modified, or final rule described in
subsection (b).
(b) Description of Rule.--A rule referred to in subsection
(a) is--
(1) any proposed or final rule to address carbon dioxide
emissions from existing sources that are fossil fuel-fired
electric utility generating units under section 111 of the
Clean Air Act (42 U.S.C. 7411), including any final rule that
succeeds--
(A) the proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'' (79 Fed. Reg. 34830 (June 18, 2014)); or
(B) the supplemental proposed rule entitled ``Carbon
Pollution Emission Guidelines for Existing Stationary
Sources: EGUs in Indian Country and U.S. Territories; Multi-
Jurisdictional Partnerships'' (79 Fed. Reg. 65482 (November
4, 2014));
(2) any proposed or final rule, in whole or in part, under
section 111 of the Clean Air Act (42 U.S.C. 7411) that
establishes a standard of performance for emissions of any
greenhouse gas from any new source, modified source, or
reconstructed source that is a fossil fuel-fired electric
utility generating unit; or
(3) any national primary or secondary ambient air quality
standard for ozone that is lower than the standard
established under section 50.15 of title 40, Code of Federal
Regulations (as in effect on January 1, 2015).
______
SA 2374. Mrs. FISCHER (for herself and Mr. Blunt) submitted an
amendment intended to be proposed by her to the 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; which was ordered to lie on the table; as follows:
On page 429, between lines 20 and 21, insert the following:
SEC. 32009. INTERIM HIRING STANDARD.
(a) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a person acting as--
(A) a shipper, except for an individual shipper (as defined
in section 13102 of title 49, United States Code), or a
consignee;
(B) a broker, a freight forwarder, or a household goods
freight forwarder (as such terms are defined in section 13102
of title 49, United States Code);
(C) a non-vessel-operating common carrier, an ocean freight
forwarder, or an ocean transportation intermediary (as such
terms are defined in section 40102 of title 46, United States
Code);
(D) an indirect air carrier authorized to operate under a
Standard Security Program approved by the Transportation
Security Administration;
(E) a customs broker licensed in accordance with section
111.2 of title 19, Code of Federal Regulations;
(F) an interchange motor carrier subject to paragraphs
(1)(B) and (2) of section 13902(i); or
(G) a warehouse (as defined in Article 7-102(13) of the
Uniform Commercial Code).
(2) Motor carrier.--The term ``motor carrier'' means a
motor carrier or a household goods motor carrier (as such
terms are defined in section 13102 of title 49, United States
Code) that is subject to Federal motor carrier financial
responsibility and safety regulations.
(3) State.--The term ``State'' means each of the 50 States,
a political subdivision of any such State, any intrastate
agency, any other political agency of 2 or more States, the
District of Columbia, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
(b) National Hiring Standards for Motor Carriers.--
(1) National standard.--Before tendering a shipment, but
not more than 35 days before the pickup of a shipment by the
hired motor carrier, an entity shall verify that the motor
carrier, at the time of such verification--
(A) is registered with and authorized by the Federal Motor
Carrier Safety Administration to operate as a motor carrier
or household goods motor carrier, if applicable;
(B) has the minimum insurance coverage required by Federal
law; and
(C)(i) before the safety fitness determination regulations
are issued, does not have an unsatisfactory safety fitness
determination issued by the Federal Motor Carrier Safety
Administration in force at the time of such verification; or
(ii) beginning on the date that safety fitness
determination regulations are implemented, does not have a
safety fitness rating issued by the Federal Motor Carrier
Safety Administration under such regulations that is the
equivalent of the unsatisfactory fitness rating referred to
in clause (i).
(2) Interim use of data.--
(A) In general.--Only evidence of an entity's compliance
with paragraph (1) may be admitted as evidence or otherwise
used in a civil action for damages resulting from a claim of
negligent selection or retention of such motor carrier
against the entity.
(B) Excluded evidence.--All other motor carrier data
created or maintained by the Federal Motor Carrier Safety
Administration, including safety measurement system data or
analysis of such data, may not be admitted into evidence in a
case or proceeding in which it is asserted or alleged that an
entity's selection or retention of a motor carrier was
negligent.
(C) Cessation of effectiveness.--Subparagraphs (A) and (B)
cease to be effective on the date of completion of the
certification under section 32003.
______
SA 2375. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
Beginning on page 103, strike line 21 and all that follows
through page 104, line 5, and insert the following:
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'';
(2) in subsection (b)(3)(B)--
(A) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``Tribal shares under this
program'' and inserting the following:
``(i) In general.--Subject to clause (ii), tribal shares
under this program''; and
(C) by adding at the end the following:
``(ii) Funding floor.--For each fiscal year, an Indian
tribe shall receive an amount under this program that is not
less than $75,000.''; and
(3) in subsection (d)(2), in the matter preceding
subparagraph (A) by striking ``2 percent'' and inserting ``3
percent''.
______
SA 2376. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. WAIVER OF REPAYMENT OF PASSENGER FERRY GRANT FUNDS.
Notwithstanding any other provision of law, the Matanuska-
Susitna Borough shall not be required to repay to the
Secretary of
[[Page S5722]]
Transportation any amounts disbursed to the Matanuska-Susitna
Borough during the period beginning on January 1, 2002 and
ending on the date of enactment of this Act under Federal
Transit Administration grants numbered AK-03-0037, AK-04-
0007, and AK-55-0002.
______
SA 2377. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
On page 889, strike lines 3 and 4 and insert the following:
``(E) improves roadways or railways vital to national
energy security, including facilitation of the
commercialization of stranded natural gas reserves;
______
SA 2378. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
In section 11009 (relating to flexibility for certain rural
road and bridge projects), add at the end the following:
(d) Evacuation Roads.--A rural road or rural bridge project
under this section may include an evacuation road located in
an area subject to serious risk of being inundated by ocean
or river storm events.
______
SA 2379. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
In section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031; 119 Stat. 1213) (as
amended by section 11204 (relating to high priority corridors
on the National Highway System)), add at the end the
following:
``(83) The Alaska Railroad Corridor and the Alaska Highway
from the Canadian border to Haines, Alaska.''.
______
SA 2380. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
On page 170, after line 24, insert the following:
SEC. 11210. DESIGNATED PROJECTS.
(a) Definitions.--In this section, the following
definitions apply:
(1) Earmarked amount.--The term ``earmarked amount''
means--
(A) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, that was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act
becomes effective, and administered by the Administrator of
the Federal Highway Administration; and
(B) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, that was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act
becomes effective, and administered by the Administrator of
the Federal Highway Administration.
(2) State.--The term ``State'' has the meaning given the
term in section 101(a) of title 23, United States Code.
(3) Territory.--The term ``territory'' has the meaning
given the term in section 165(c) of title 23, United States
Code.
(b) Authority.--A State or territory may use any earmarked
amount and any associated obligation limitation for any
project eligible under sections 133(b) or 165 of title 23,
United States Code, respectively.
(c) Terms.--
(1) Notification.--The State transportation agency for the
State or territory for which the earmarked amount was
originally designated or directed shall--
(A) notify the Secretary of the intent of the State
transportation agency to use authority under this section;
and
(B) submit to the Secretary a report not later than
September 30, 2016, identifying the earmarked amount, and
associated obligation limitation, to be used and the projects
to which the funding would be applied.
(2) Period of availability.--Notwithstanding the original
period of availability of the earmarked amount and associated
obligation limitation, the funds and associated obligation
limitation shall remain available for obligation for a period
of 3 fiscal years after the fiscal year in which the
Secretary is notified under paragraph (1).
(3) Federal share.--The Federal share of the cost of a
project carried out with funds made available under this
section shall be the same as originally associated with the
earmark.
(d) Limitations.--
(1) In general.--The authority under subsection (b) may be
exercised only--
(A) after September 30, 2016; and
(B)(i) for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of the date of enactment of this Act; or
(ii) for those projects with unexpended balances of funds
for which the earmarked amount that was originally designated
or directed has been closed and for which payments have been
made under a final voucher.
(2) Geographic area.--
(A) In general.--The earmarked amount and associated
obligation limitation shall only be applied to projects
within the same general geographic area within 50 miles and
within the boundaries of the State or territory for which the
earmarked amount was originally designated or directed, in
consultation with the relevant metropolitan planning
organization, if applicable.
(B) Exception.--A State or territory may apply the
earmarked amount and associated obligation limitation, to a
project in any area of the State or territory if the State or
territory certifies that the project for which the earmarked
amount was originally designated or directed has been
completed and payments have been made under a final voucher.
(e) Report to Congress.--Not later than December 16, 2016,
the Secretary shall submit a consolidated report of the
information provided by States and territories under this
section to--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on Environment and Public Works of the
Senate; and
(4) the Committee on Transportation and Infrastructure of
the House of Representatives.
______
SA 2381. Mr. CORNYN submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 14, strike lines 11 and 12 and insert the
following:
title 23, United States Code--
(A) $550,000,000 for fiscal year 2016;
(B) $600,000,000 for fiscal year 2017;
(C) $650,000,000 for fiscal year 2018;
(D) $700,000,000 for each of fiscal years 2019, 2020, and
2021.
On page 17, strike lines 1 through 10 and insert the
following:
(b) Assistance for Major Projects Program.--There are
authorized to be appropriated out of the general fund of the
Treasury to carry out the assistance for major projects
program under section 171 of title 23, United States Code--
(1) $250,000,000 for fiscal year 2016;
(2) $300,000,000 for fiscal year 2017;
(3) $350,000,000 for fiscal year 2018;
(4) $400,000,000 for fiscal year 2019;
(5) $400,000,000 for fiscal year 2020; and
(6) $400,000,000 for fiscal year 2021.
On page 17, line 11, strike ``(b)'' and insert ``(c)''.
On page 19, line 13, strike ``(c)'' and insert ``(d)''.
On page 24, line 21, strike ``(d)'' and insert ``(e)''.
On page 215, strike lines 7 through 13 and insert the
following:
(6) by striking paragraph (15) and inserting the following:
``(15) Rural infrastructure project.--
``(A) In general.--The term `rural infrastructure project'
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.
``(B) Inclusions.--The term `rural infrastructure project'
includes--
``(i) the portion of a project--
``(I) that lies both within and outside of the urbanized
area described in subparagraph (A); and
[[Page S5723]]
``(II) for which not more than 50 percent of the estimated
eligible project costs are attributable to the portion
outside of the urbanized area described in subparagraph (A);
and
``(ii) a project--
``(I) that lies both within and outside of the urbanized
area described in subparagraph (A); and
``(II) for which more than 50 percent of the estimated
eligible project costs are attributable to the portion
outside of the urbanized area described in subparagraph
(A).'';
On page 216, strike lines 19 and 20 and insert the
following:
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``this
chapter'' and inserting ``the TIFIA program'';
(II) by striking clause (ii) and inserting the following:
``(ii) adequate coverage requirements to ensure repayment,
which shall--
``(I) be defined by the Secretary using an average ratio of
net revenues to TIFIA debt service credit assistance; and
``(II) include separate adequate coverage requirements, as
defined by the Secretary, if the Federal credit instrument
is--
``(aa) the senior debt; or
``(bb) subordinate debt.''; and
(III) in clause (iv), by striking ``$75,000,000'' and
inserting ``$150,000,000''; and
(ii) in subparagraph (B), by striking ``$75,000,000'' and
inserting ``$150,000,000'';
On page 219, between lines 2 and 3, insert the following:
(E) by striking paragraph (8) and inserting the following:
``(8) Letters of interest and applications where obligor
will be identified later.--A State, local government, agency
or instrumentality of a State or local government, or public
authority may submit to the Secretary a letter of interest
under paragraph (1) or an application under paragraph (4),
under which a private party to a public-private partnership
will be--
``(A) the obligor; and
``(B) identified later through completion of a procurement
and selection of the private party.'';
On page 219, line 3, strike ``(E)'' and insert ``(F)''.
On page 219, strike lines 7 through 18 and insert the
following:
(G) by striking paragraph (10) and inserting the following:
``(10) Project readiness.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible for assistance under the TIFIA program, the
applicant shall demonstrate that the public agency process
for contracting for project construction or major equipment
acquisition--
``(i) commenced prior to the application for credit
assistance; and
``(ii) is continuing or completed.
On page 220, strike lines 8 and 9 and insert the following:
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``letter of interest
and'' before ``application process''; and
(B) by striking paragraph (2) and inserting the following:
On page 221, line 3, strike ``and'' at the end.
On page 221, strike lines 4 and 5 and insert the following:
(4) by striking subsection (d) and inserting the following:
``(d) Letter of Interest and Application Processing
Procedures.--
``(1) Letter of interest.--
``(A) In general.--A letter of interest shall provide the
Secretary with sufficient information to determine actual
satisfaction of the eligibility requirements other than
creditworthiness, and a reasonable expectation of
creditworthiness, and the Secretary shall not require any
other information other than the information described in
section 601(a).
``(B) Due diligence materials.--
``(i) In general.--An applicant shall submit--
``(I) a letter of interest; and
``(II) a preliminary rating opinion letter, a working
financial model, and a traffic and revenue study, if
applicable.
``(ii) Materials not submitted.--If an applicant does not
submit the items described in clause (i)(II), the Secretary
may--
``(I) require that the applicant submit those items in
order to establish a reasonable expectation of
creditworthiness; or
``(II) defer receipt and evaluation of those items to the
application stage.
``(C) Notice of complete letter of interest.--Not later
than 30 days after the date on which the Secretary receives a
letter of interest under subparagraph (B), the Secretary
shall provide to the applicant a written notice that states
whether--
``(i) the letter of interest is complete; or
``(ii) additional information or materials are needed to
complete the eligibility determination, including
identification of the additional information or materials
requested.
``(2) Response to letter of interest.--Not later than 60
days after the date on which, in the determination of the
Secretary, all items required under subparagraph (B) have
been received, the Secretary shall provide to the applicant a
written notice that states that--
``(A)(i) the project is eligible or reasonably expected to
meet eligibility requirements; and
``(ii) the applicant has the opportunity to submit an
application; or
``(B) the project is ineligible, and identifies weaknesses
and clarifications that should be addressed in a future
application.''.
(5) in subsection (e), by striking ``this chapter'' and
inserting ``the TIFIA program''; and
(6) by adding at the end the following:
``(f) Traffic and Revenue Studies.--The Secretary shall
issue guidance on practices and standards for traffic and
revenue studies acceptable for determining creditworthiness
of the Federal credit instrument secured by toll revenues,
including for managed lane projects.''.
On page 225, line 12, strike ``and'' at the end.
On page 225, between lines 12 and 13, insert the following:
(C) in paragraph (4), by adding at the end the following:
``(D) Limitations.--
``(i) Eligible uses.--To the maximum extent practicable,
the Secretary shall use amounts made available under this
paragraph to obligate funds for eligible purposes.
``(ii) Limitations.--The Secretary may not carry out a
redistribution under this paragraph--
``(I) for any fiscal year in which such redistribution
would adversely impact the receipt of credit assistance by a
qualified project within such fiscal year; or
``(II) if the budget authority determined to be necessary
to cover all requests for credit assistance pending before
the Department of Transportation on April 1 would reduce the
uncommitted balance of funds below the threshold established
in subparagraph (A).''; and
On page 225, line 13, strike ``(C)'' and insert ``(D)''.
On page 225, strike lines 15 through 18 and insert the
following:
(h) Reports to Congress.--Section 609 of title 23, United
States Code, is amended--
(1) by striking ``this chapter (other than section 610)''
each place it appears and inserting ``the TIFIA program'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``from project
sponsors''; and
(B) in paragraph (2), in each of clauses (ii) and (iii), by
inserting ``letter of interest or'' before ``application''
each place it appears; and
(3) by adding at the end the following:
``(c) Monthly Status Reports.--
``(1) In general.--On a monthly basis, the Secretary shall
publish on the website for the TIFIA program a current status
report on all letters of interest and applications received
for assistance under the TIFIA program.
``(2) Inclusions.--Each status report under paragraph (1)
shall include, at a minimum, with respect to each project
included in the status report--
``(A) the name of the party submitting the letter of
interest or application;
``(B) the name of the project;
``(C) the date the letter of interest or application was
received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought;
``(F) the amount of assistance sought;
``(G) the anticipated fiscal year and quarter for closing
of the credit assistance;
``(H) the expected sources of funds to be pledged to repay
the credit assistance;
``(I) the subsidy amount or, if not yet known, the
estimated subsidy amount;
``(J) the status of the credit assistance (eligibility
review, credit review, application review, negotiation,
closing);
``(K) a description of Credit Council actions, if any;
``(L) a copy of the letter of interest and application;
``(M) a copy of the preliminary term sheet and final term
sheet; and
``(N) a copy of any executed Federal credit instruments.''.
______
SA 2382. Mr. CORNYN submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 159, line 22, insert ``112 Stat. 190;'' after ``105
Stat. 2032;''
On page 160, between lines 4 and 5, insert the following:
(B) in paragraph (18)(D)--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) include Texas State Highway 44 from United States
Route 59 at Freer, Texas, to Texas State Highway 358.''; and
On page 160, line 5, strike ``(B)'' and insert ``(C)''.
On page 160, line 17, strike ``(C)'' and insert ``(D)''.
On page 161, strike line 2 and insert the following:
``City, Carteret County, North Carolina.
``(83) The Central Texas Corridor commencing at the logical
terminus of Interstate 10, and generally following portions
of United States Route 190 eastward passing in the vicinity
Fort Hood, Killeen, Belton,
[[Page S5724]]
Temple, Bryan, College Station, Huntsville, Livingston,
Woodville, and to the logical terminus of Texas Highway 63 at
the Sabine River Bridge at Burrs Crossing.'';
______
SA 2383. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 38, strike lines 1 through 11 and insert the
following:
``(ii) Adjustments to amounts.--The initial amounts
resulting from the calculation under clause (i) shall be
adjusted to ensure that, for each State, 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,
the amount shall be--
``(I) for each of fiscal years 2016 and 2017, 96 percent;
``(II) for fiscal year 2018, 97 percent; and
``(III) for each of fiscal years 2019, 2020, 2021, and each
fiscal year thereafter, 98 percent.
______
SA 2384. Mr. LEAHY (for himself, Mr. Cornyn, and Mr. Grassley)
submitted an amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
Beginning on page 326, strike line 12 and all that follows
through page 328, line 2.
Beginning on page 419, strike line 2 and all that follows
through page 420, line 4.
Beginning on page 784, strike line 24 and all that follows
through page 785, line 3.
Page 789, strike lines 9 through 13.
______
SA 2385. Ms. WARREN submitted an amendment intended to be proposed by
her to the 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; which was ordered to
lie on the table; as follows:
On page 288, strike lines 13 through 16 and insert the
following:
(B) projects that create or increase access to community
One-Call/One-Click Centers;
(C) projects that provide transportation for veterans; and
(D) such other projects as determined by the Secretary.
On page 336, line 3, strike ``$2,000,000'' and insert
``$5,000,000''.
On page 336, line 23, strike ``$30,000,000'' and insert
``$27,000,000''.
______
SA 2386. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Hatch)
submitted an amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
At the end of division F, add the following:
TITLE LXII--ADDITIONAL PROVISIONS
SEC. 62001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.
Section 411(h) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a(h)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``Payments'' and inserting the following:
``(i) In general.--Payments''; and
(B) by adding at the end the following:
``(ii) Certain payments required.--Not withstanding any
other provision of this Act, as soon as practicable, of the 7
equal installments referred to in clause (i), the Secretary
shall pay to any certified State or Indian tribe to which the
total annual payment under this subsection was limited to
$15,000,000 in 2013 and $28,000,000 in fiscal year 2014--
``(I) the final 2 installments in 2 separate payments of
$82,700,000 each; and
``(II) 2 separate payments of $38,250,000 each.''; and
(2) by striking paragraphs (5) and (6).
______
SA 2387. Mr. COATS submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
In the appropriate place, strike paragraphs (5) through
(26) of section 133(b) of title 23, United States Code, and
insert the following:
``(5) Highway and transit safety infrastructure
improvements and programs, installation of safety barriers
and nets on bridges, hazard eliminations, projects to
mitigate hazards caused by wildlife, and railway-highway
grade crossings.
``(6) Highway and transit research and development and
technology transfer programs.
``(7) Capital and operating costs for traffic monitoring,
management, and control facilities and programs, including
advanced truck stop electrification systems.
``(8) Surface transportation planning programs.
``(9) Transportation alternatives.
``(10) Transportation control measures listed in section
108 (f)(1)(A) (other than clause (xvi)) of the Clean Air Act
(42 U.S.C. 7408 (f)(1)(A)).
``(11) Development and establishment of management systems.
``(12) Environmental mitigation efforts relating to
projects funded under this title in the same manner and to
the same extent as such activities are eligible under
section119 (g).
``(13) Projects relating to intersections that--
``(A) have disproportionately high accident rates;
``(B) have high levels of congestion, as evidenced by--
``(i) interrupted traffic flow at the intersection; and
``(ii) a level of service rating that is not better than
``F'' during peak travel hours, calculated in accordance with
the Highway Capacity Manual issued by the Transportation
Research Board; and
``(C) are located on a Federal-aid highway.
``(14) Infrastructure-based intelligent transportation
systems capital improvements.
``(15) Projects and strategies designed to support
congestion pricing, including electric toll collection and
travel demand management strategies and programs.''.
(16) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA-LU (23 U.S.C. 101 note;
Public Law 109-59).
(17) Development and implementation of a State asset
management plan for the National Highway System in accordance
with section 119, including data collection, maintenance, and
integration and the costs associated with obtaining,
updating, and licensing software and equipment required for
risk based asset management and performance based management,
and for similar activities related to the development and
implementation of a performance based management program for
other public roads.
(18) A project that, if located within the boundaries of a
port terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and
out of the port.
(19) Construction and operational improvements for any
minor collector if--
(A) the minor collector, and the project to be carried out
with respect to the minor collector, are in the same corridor
as, and in proximity to, a Federal-aid highway designated as
part of the National Highway System;
(B) the construction or improvements will enhance the level
of service on the Federal-aid highway described in
subparagraph (A) and improve regional traffic flow; and
(C) the construction or improvements are more cost-
effective, as determined by a benefit-cost analysis, than an
improvement to the Federal-aid highway described in
subparagraph (A).
______
SA 2388. Mr. COATS submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. FUNDING FOR FREIGHT CORRIDOR IMPROVEMENT.
(a) Increase in Tax on Diesel Fuel.--
(1) In general.--Section 4081(a)(2) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(E) Temporary increase in rate of tax on diesel fuel.--In
the case of diesel fuel and diesel-water fuel emulsions
removed, sold, or entered before January 1, 2022--
[[Page S5725]]
``(i) the rate of tax under subparagraph (A)(iii) shall be
34.3 cents, and
``(ii) subparagraph (D) shall be applied by substituting
`27.7' for `19.7'.''.
(2) Effective date.--The amendment made by this section
shall apply to diesel fuel and diesel-water fuel emulsions
removed, entered, or sold after December 31, 2015.
(b) Advanced Repayment of Increase to Owners and Original
Purchasers of Diesel-powered Automobiles and Light Trucks.--
(1) In general.--Section 6427 of the Internal Revenue Code
of 1986 is amended by inserting after subsection (f) the
following new subsection:
``(g) Advance Repayment of Increased Diesel Fuel Tax to
Owners and Original Purchasers of Diesel-powered Automobiles
and Light Trucks.--
``(1) In general.--Except as provided in subsection (k),
the Secretary shall pay (without interest) an amount equal to
the diesel fuel differential amount to the original purchaser
of any qualified diesel-powered highway vehicle purchased
after such date.
``(2) Qualified diesel-powered highway vehicle.--For
purposes of this subsection, the term `qualified diesel-
powered highway vehicle' means any diesel-powered highway
vehicle which--
``(A) has at least 4 wheels,
``(B) has a gross vehicle weight rating of 10,000 pounds or
less, and
``(C) is registered for highway use in the United States
under the laws of any State.
``(3) Diesel fuel differential amount.--For purposes of
this subsection, the `diesel fuel differential amount' shall
be determined as follows:
----------------------------------------------------------------------------------------------------------------
In the case of a truck or
``Year of purchase van, the diesel fuel In the case of any other highway vehicle,
differential amount is-- the diesel fuel differential amount is--
----------------------------------------------------------------------------------------------------------------
2016.................................. $240......................... $180
2017.................................. 200.......................... 150
2018.................................. 160.......................... 120
2019.................................. 120.......................... 90
2020.................................. 80........................... 60
2021.................................. 40........................... 30
2022 and thereafter................... 0............................ 0.
----------------------------------------------------------------------------------------------------------------
``(4) Original purchaser.--For purposes of this
subsection--
``(A) In general.--Except as provided in subparagraph (B),
the term `original purchaser' means the first person to
purchase the qualified diesel-powered vehicle for use other
than resale.
``(B) Exception for certain persons not subject to fuels
tax.--The term `original purchaser' shall not include any
State or local government (as defined in section 4221(d)(4))
or any nonprofit educational organization (as defined in
section 4221(d)(5)).
``(C) Treatment of demonstration use by dealer.--For
purposes of subparagraph (A), use as a demonstrator by a
dealer shall not be taken into account.
``(5) Special rule for certain vehicles held on january 1,
2016.--In the case of any person holding a qualified diesel-
powered highway vehicle on January 1, 2016, such person shall
be treated as if the person originally purchased such vehicle
on January 1, 2016.
``(6) Basis reduction.--For the purposes of subtitle A, the
basis of any qualified diesel-powered highway vehicle shall
be reduced by the amount payable under this subsection with
respect to such vehicle.''.
(2) Effective date.--The amendment made by this subsection
shall apply to vehicles purchased after December 31, 2015.
(c) Freight Corridor Improvement Account.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(g) Establishment of Freight Corridor Improvement
Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the
`Freight Corridor Improvement Account' consisting of such
amounts as may be transferred or credited to the Freight
Corridor Improvement Account as provided in this section or
section 9602(b).
``(2) Transfers to freight corridor improvement account.--
The Secretary of the Treasury shall transfer to the Freight
Corridor Improvement Account an amount equal to 10 cents per
gallon of the amounts appropriated to the Highway Trust Fund
under subsection (b) which are attributable to the tax
imposed on diesel fuel and diesel-water fuel emulsions under
section 4081.
``(3) Expenditures from account.--
``(A) In general.--Amounts in the Freight Corridor
Improvement Account shall be available, as provided by
appropriation Acts, for expenditures before October 1, 2022,
which are--
``(i) in accordance with section 167 of title23, United
States Code, as in effect on the date of the enactment of the
DRIVE Act, and
``(ii) for the primary highway freight system designated
under section 167(d) of such title, determined without regard
to paragraph (3) thereof.
``(B) Amounts related to advance repayment of increased
diesel fuel taxes.--The Secretary shall pay from time to time
from the Freight Corridor Improvement Account to the general
fund of the Treasury amounts (as determined by the Secretary)
equivalent to the payments made under section 6427(g).''.
(2) Conforming amendment.--Section 9503(e)(5)(B) of such
Code is amended by inserting ``or the Freight Corridor
Improvement Account'' after ``Mass Transit Account''.
______
SA 2389. Mr. COATS submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
In the appropriate place, strike subsections (a) and (b) to
section 126 of title 23, United States Code, and insert the
following:
``Notwithstanding any other provision of law, a State may
transfer up to 50 percent of funds from an apportionment
under section 104(b) to any other apportionment of the State
under that section''.
______
SA 2390. Mr. COATS submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
In the appropriate place, strike sections 104(c)(1)(A) of
title 23, United States Code and insert the following:
``(A) Calculation of amount.--For fiscal year 2013, 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, and to carry out section 134 shall be equal to the
percentage of the total amount available for apportionment to
all States that is equal to the proportion that--
______
SA 2391. Mr. HELLER (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill H.R. 22, to amend
the Internal Revenue Code of 1986 to exempt employees with health care
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; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.
(a) Short Title.--This section may be cited as the ``ROV
In-Depth Examination Act of 2015''.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Recreational off-highway vehicle and rov.--
(A) In general.--Except as provided in subparagraph (B),
the terms ``recreational off-highway vehicle'' and ``ROV''
mean a motorized off-highway vehicle that--
(i) is designed to travel on 4 or more tires;
(ii) is intended by the manufacturer for recreational use
by 1 or more persons;
(iii) has a steering wheel for steering control;
(iv) has foot controls for throttle and service brake;
[[Page S5726]]
(v) has non-straddle seating;
(vi) is capable of traveling faster than 30 miles per hour;
(vii) has a gross vehicle weight rating that is not greater
than 3,750 pounds;
(viii) is less than 80 inches in overall width, exclusive
of accessories;
(ix) has an engine displacement that is equal to or less
than 61 cubic inches for gasoline fueled engines; and
(x) can be identified by a 17-character personal or vehicle
information number.
(B) Exclusion.--The terms ``recreational off-highway
vehicle'' and ``ROV'' do not include a prototype of a
motorized, off-highway, all-terrain vehicle or other
motorized, off-highway, all-terrain vehicle that is intended
exclusively for research and development purposes unless the
vehicle is offered for sale.
(c) Study on Proposed Lateral Stability and Vehicle
Handling Requirements.--
(1) Agreement.--The Commission shall seek to enter into an
agreement with the National Academy of Sciences to perform
the services described in this subsection before the date set
forth in paragraph (2)(D).
(2) Study.--
(A) In general.--Under an agreement between the Commission
and the National Academy of Sciences, the National Academy of
Sciences shall conduct a study on matters concerning the
lateral stability and vehicle handling requirements proposed
by the Commission in a notice of proposed rulemaking
published in the Federal Register November 19, 2014 (79 Fed.
Reg. 68964).
(B) Elements.--The study conducted under subparagraph (A)
shall determine--
(i) the technical validity of the lateral stability and
vehicle handling requirements described in subparagraph (A),
for purposes of reducing the risk of ROV rollovers in the
off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements; and
(ii) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a
vehicle's rollover resistance on a progressive scale.
(C) Consultation.--In conducting the study under
subparagraph (A), the National Academy of Sciences shall
consult with the Administrator of the National Highway
Traffic Safety Administration and the Secretary of Defense.
(D) Deadline and report.--Not later than 480 days after the
date of the enactment of this Act, the National Academy of
Sciences shall--
(i) complete the study under subparagraph (A); and
(ii) submit a report containing the findings of the study
to--
(I) the Commission;
(II) the Committee on Commerce, Science, and Transportation
of the Senate; and
(III) the Committee on Energy and Commerce of the House of
Representatives.
(3) Consideration.--The Commission shall consider the
results of the study conducted under this subsection in any
subsequent rulemaking regarding the performance or
configuration of ROVs, or the provision of point-of-sale
information regarding ROV performance.
(4) Alternate contract organization.--
(A) In general.--If the Commission is unable to enter into
an agreement described in paragraph (1)(A) with the National
Academy of Sciences on terms acceptable to the Commission
before the latest date on which the study should be commenced
to allow the Academy to complete the study before the date
set forth in paragraph (2)(D), the Commission shall seek to
enter into such an agreement with another appropriate
organization that--
(i) is not part of the Government;
(ii) operates as a not-for-profit entity; and
(iii) has expertise and objectivity comparable to that of
the National Academy of Sciences.
(B) Treatment.--If the Commission enters into an agreement
with another organization as described in subparagraph (A),
any reference in this section to the National Academy of
Sciences shall be treated as a reference to the other
organization.
(d) No Mandatory Standards Regarding Performance or
Configuration of ROVs.--
(1) In general.--The Commission may not establish any
standards concerning the performance or configuration of
recreational off-highway vehicles until after the completion
of the study required under subsection (c).
(2) Scope of prohibition.--The restriction under paragraph
(1) includes a prohibition on the exercise of any authority
pursuant to section 27(e) of the Consumer Product Safety Act
(15 U.S.C. 2076(e)) to require ROV manufacturers to provide
performance and technical data to prospective purchasers and
to the first purchaser of an ROV for purposes other than
resale.
(3) Voluntary standards.--Nothing in this section may be
construed as suggesting that ROVs shall not be manufactured
in compliance with applicable voluntary standards.
______
SA 2392. Mr. CASSIDY submitted an amendment intended to be proposed
by him to the bill H.R. 22, to amend the Internal Revenue Code of 1986
to exempt employees with health care 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; which was ordered to
lie on the table; as follows:
On page 948, after line 24, add the following:
(c) Adjustment; Exportation.--
(1) In general.--The Secretary of Energy may adjust the
schedule of sales under subsection (a) as the Secretary
determines to be appropriate to maximize the financial return
to United States taxpayers.
(2) Exportation.--Crude oil sold under subsection (a) may
be exported if the Comptroller General of the United States
finds that--
(A) the crude oil sold would generate greater revenue if
sold on the international market than on the domestic market;
and
(B) such an international sale would decrease energy prices
for United States consumers.
______
SA 2393. Mr. CASSIDY (for himself and Mr. Markey) submitted an
amendment intended to be proposed by him to the bill H.R. 22, to amend
the Internal Revenue Code of 1986 to exempt employees with health care
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; which was ordered to lie on the table; as follows:
Strike section 52204 and insert the following:
SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsections (b) and (c), the Secretary of Energy
shall drawdown and sell from the Strategic Petroleum
Reserve--
(A) the quantity of barrels of crude oil that the Secretary
of Energy determines to be appropriate to maximize the
financial return to United States taxpayers for each of
fiscal years 2016 and 2017;
(B) 4,000,000 barrels of crude oil during fiscal year 2018;
(C) 5,000,000 barrels of crude oil during fiscal year 2019;
(D) 8,000,000 barrels of crude oil during fiscal year 2020;
(E) 8,000,000 barrels of crude oil during fiscal year 2021;
(F) 10,000,000 barrels of crude oil during fiscal year
2022;
(G) 16,000,000 barrels of crude oil during fiscal year
2023;
(H) 25,000,000 barrels of crude oil during fiscal year
2024; and
(I) 25,000,000 barrels of crude oil during fiscal year
2025.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--In any 1 fiscal year described
in subsection (a)(1), the Secretary of Energy shall not
drawdown and sell crude oil under this section in quantities
that would result in a Strategic Petroleum Reserve that
contains an inventory of petroleum products representing
fewer than 90 days of emergency reserves, based on the
average daily level of net imports of crude oil and petroleum
products in the calendar year preceding that fiscal year.
(c) Adjustment; Limitation.--
(1) Adjustment.--The Secretary of Energy may adjust the
drawdown and sales under subparagraphs (A) through (I) of
subsection (a)(1) as the Secretary of Energy determines to be
appropriate to maximize the financial return to United States
taxpayers.
(2) Limitation.--The Secretary of Energy shall not drawdown
or conduct sales of crude oil under this section after the
date on which a total of $9,050,000,000 has been received
from sales authorized under this section.
______
SA 2394. Ms. COLLINS (for herself and Mr. Reed) submitted an
amendment intended to be proposed by her to the bill H.R. 22, to amend
the Internal Revenue Code of 1986 to exempt employees with health care
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; which was ordered to lie on the table; as follows:
On page 528, strike line 11 and insert the following:
SEC. 33105. HAZARDOUS MATERIALS TRAINING FOR EMERGENCY
RESPONDERS.
Section 5116 is amended by adding at the end the following:
``(l) Use of Funds.--Notwithstanding subsections (b) and
(c) of section 5128 and any appropriation limitation, the
Secretary may use any prior year recoveries recognized in the
current year--
``(1) to develop a hazardous materials response training
curriculum for emergency responders, including response
activities for the transportation of crude oil, ethanol, and
[[Page S5727]]
other flammable liquids by rail, in accordance with National
Fire Protection Association standards;
``(2) to make the training described in paragraph (1)
available through an electronic format; and
``(3) to carry out subsections (b) and (j).''.
SEC. 33106. AUTHORIZATION OF APPROPRIATIONS.
______
SA 2395. Mr. INHOFE (for Mr. Sessions) submitted an amendment
intended to be proposed by Mr. Inhofe to the bill H.R. 22, to amend the
Internal Revenue Code of 1986 to exempt employees with health care
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; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--PROTECTING AMERICAN LIVES ACT
SEC. ___1. SHORT TITLE.
This title may be cited as the ``Protecting American Lives
Act''.
SEC. ___2. DEFINITIONS AND SEVERABILITY.
(a) Definitions.--In this title:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) State.--The term ``State'' has the meaning given to
such term in section 101(a)(36) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(36)).
(b) Severability.--If any provision of this Act, or the
application of such provision to any person or circumstance,
is held invalid, the remainder of this Act, and the
application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by
such invalidation.
SEC. ___3. INFORMATION SHARING REGARDING CRIMINAL ALIENS.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking ``Immigration and Naturalization Service''
each place it appears and inserting ``Department of Homeland
Security'';
(2) in subsection (a), by striking ``may'' and inserting
``shall'';
(3) in subsection (b)--
(A) by striking ``no person or agency may'' and inserting
``a person or agency shall not''; and
(B) by striking ``doing any of the following with respect
to information'' and inserting ``undertaking any of the
following law enforcement activities''; and
(4) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Notifying the Federal Government regarding the
presence of inadmissible and deportable aliens who are
encountered by law enforcement personnel of a State or
political subdivision of a State.
``(2) Complying with requests for information from Federal
law enforcement.''; and
(5) by adding at the end the following:
``(d) Sanctuary Polices.--Notwithstanding any other
provision of Federal, State, or local law, a Federal, State,
or local government entity or official shall not issue in the
form of resolutions, ordinances, administrative actions,
general or special orders, or departmental policies that
violate Federal law or restrict a State or political
subdivision of a State from complying with Federal law or
coordinating with Federal law enforcement.
``(e) Compliance.--
``(1) In general.--A State, or a political subdivision of a
State, that has in effect a statute, policy, or practice that
prohibits law enforcement officers of the State, or of a
political subdivision of the State, from assisting or
cooperating with Federal immigration law enforcement in the
course of carrying out the officers' routine law enforcement
duties shall not be eligible to receive--
``(A) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the
`Cops on the Beat' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
``(B) any other law enforcement or Department of Homeland
Security grant.
``(2) Annual determination.--
``(A) Requirement.--Not later than March 1 of each year,
the Secretary of Homeland Security shall determine which
States or political subdivisions of a State are not in
compliance with this section and report such determination to
Congress.
``(B) Ineligibility for financial assistance.--Any
jurisdiction that the Secretary determines is not in
compliance under subparagraph (A)--
``(i) shall be ineligible to receive Federal financial
assistance as provided in paragraph (1) for a minimum period
of 1 year; and
``(ii) shall only become eligible for such assistance after
the Secretary certifies that the jurisdiction is in
compliance.
``(3) Reallocation.--Any funds that are not allocated to a
State or to a political subdivision of a State, due to the
failure of the State, or of the political subdivision of the
State, to comply with this section shall be reallocated to
States, or to political subdivisions of States, that comply
with such subsection.
``(f) State and Local Law Enforcement Provision of
Information About Apprehended Aliens.--
``(1) Provision of information.--In compliance with this
section and section 434 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644),
each State, and each political subdivision of a State, shall
provide the Secretary of Homeland Security in a timely manner
with identifying information with respect to each alien in
the custody of the State, or a political subdivision of the
State, who is believed to be inadmissible or deportable.
``(2) Annual report on compliance.--Not later than March 1
of each year, the Secretary shall determine which States, or
the political subdivisions of States, are not in compliance
with this section and submit such determination to Congress.
``(g) Reimbursement.--The Secretary of Homeland Security
shall reimburse States, and political subdivisions of a
State, for all reasonable costs, as determined by the
Secretary, incurred by the State, or the political
subdivision of a State, as a result of providing information
under subsection (f)(1).
``(h) Construction.--Nothing in this section shall require
law enforcement officials of a State, or from political
subdivisions of a State--
``(1) to provide the Secretary of Homeland Security with
information related to a victim of a crime or witness to a
criminal offense; or
``(2) to otherwise report or arrest such a victim or
witness.''.
SEC. ___4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Except as otherwise provided by Federal
law or rule of procedure, the Secretary shall execute all
lawful writs, process, and orders issued under the authority
of the United States, and shall command all necessary
assistance to execute the Secretary's duties.
(b) State and Local Cooperation With DHS Detainers.--A
State, or a political subdivision of a State, that has in
effect a statute or policy or practice providing that it not
comply with any Department detainer ordering that it
temporarily hold an alien in their custody so that the alien
may be taken into Federal custody, or transport the alien for
transfer to Federal custody, shall not be eligible to
receive--
(1) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the
``Cops on the Beat'' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
(2) any other law enforcement or Department grant.
(c) Immunity.--A State or a political subdivision of a
State acting in compliance with a Department detainer who
temporarily holds aliens in its custody so that they may be
taken into Federal custody, or transports the aliens for
transfer to Federal custody, shall be considered to be acting
under color of Federal authority for purposes of determining
its liability, and immunity from suit, in civil actions
brought by the aliens under Federal or State law.
(d) Probable Cause.--It is the sense of Congress that the
Department has probable cause to believe that an alien is
inadmissible or deportable when it issues a detainer
regarding such alien under the standards in place on the date
of introduction of this Act.
SEC. ___5. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8
U.S.C. 1326) is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``not more than 2 years,'' and
inserting ``not less than 5 years,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``not less than 5 years
and'' after ``imprisoned'';
(B) in paragraph (2), by inserting ``not less than 5 years
and'' after ``imprisoned'';
(C) in paragraph (3), by striking ``sentence.'' and
inserting ``sentence;''; and
(D) in paragraph (4), by inserting ``not less than 5 years
and'' after ``imprisoned for''.
______
SA 2396. Mr. HATCH submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 112, strike lines 5 and 6 and insert the following:
(a) Fiber Optic Lines and Broadband.--Section 1316(b) of
MAP-21 (23 U.S.C. 109 note; Public Law 112-141) is amended by
inserting ``copper and fiber optic lines and broadband
infrastructure as installed by eligible telecommunications
carriers,'' after ``landscaping,''.
(b) Categorical Exclusion.--Section 1317 of MAP-21 (23
U.S.C. 109 note; Public Law 112-141) is amended--
[[Page S5728]]
______
SA 2397. Ms. HIRONO (for herself and Mrs. Murray) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
Strike section 31303.
______
SA 2398. Ms. HIRONO submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Beginning on page 403, strike line 3 and all that follows
through page 404, line 6, and insert the following:
(2) Port performance measures.--
(A) In general.--The Director shall collect monthly port
performance measures for each of the United States ports
referred to in subsection (a) that receive Federal assistance
or is subject to Federal regulation to include in its annual
report to Congress under this subsection. The annual report
shall include the data elements described in subparagraph (B)
and data recommended for collection by the working group
commissioned by the Director under subsection (c)(2).
(B) Data elements.--Statistics collected pursuant to
subparagraph (A) shall include capacity and throughput, as
applicable to the specific configuration of the port, and
shall be made publicly available during the calendar month
immediately following the month in which they were generated.
______
SA 2399. Mr. WARNER (for himself and Mr. Crapo) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
Strike section 52205.
______
SA 2400. Mr. WARNER (for himself and Mr. Blunt) submitted an
amendment intended to be proposed by him to the bill H.R. 22, to amend
the Internal Revenue Code of 1986 to exempt employees with health care
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; which was ordered to lie on the table; as follows:
On page 211, strike lines 13 through 18 and insert the
following:
TITLE III--BUILDING AND RENEWING INFRASTRUCTURE FOR DEVELOPMENT AND
GROWTH IN EMPLOYMENT
SEC. 13001. SHORT TITLE.
This title may be cited as the ``Building and Renewing
Infrastructure for Development and Growth in Employment Act''
or the ``BRIDGE Act''.
SEC. 13002. PURPOSE.
The purpose of this title is to facilitate investment in,
and the long-term financing of, economically viable eligible
infrastructure projects of regional or national significance
that are in the public interest in a manner that complements
existing Federal, State, local, and private funding sources
for these projects and introduces a merit-based system for
financing those projects, in order to mobilize significant
private sector investment, create long-term jobs, and ensure
United States competitiveness through a self-sustaining
institution that limits the need for ongoing Federal funding.
SEC. 13003. DEFINITIONS.
In this title:
(1) Blind trust.--The term ``blind trust'' means a trust in
which the beneficiary has no knowledge of the specific
holdings and no rights over how those holdings are managed by
the fiduciary of the trust prior to the dissolution of the
trust.
(2) Board of directors.--The term ``Board of Directors''
means the Board of Directors of IFA.
(3) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Board of Directors of IFA.
(4) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of IFA, appointed
under section 13103.
(5) Cost.--The term ``cost'' has the meaning given the term
in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a).
(6) Direct loan.--The term ``direct loan'' has the meaning
given the term in section 502 of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a).
(7) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a corporation;
(C) a partnership, including a public-private partnership;
(D) a joint venture;
(E) a trust;
(F) a State or any other governmental entity, including a
political subdivision or any other instrumentality of a
State; or
(G) a revolving fund.
(8) Eligible infrastructure project.--
(A) In general.--The term ``eligible infrastructure
project'' means the construction, consolidation, alteration,
or repair of the following sectors:
(i) Intercity passenger or freight rail lines, intercity
passenger rail facilities or equipment, and intercity freight
rail facilities or equipment.
(ii) Intercity passenger bus facilities or equipment.
(iii) Public transportation facilities or equipment.
(iv) Highway facilities, including bridges and tunnels.
(v) Airports and air traffic control systems.
(vi) Port or marine terminal facilities, including
approaches to marine terminal facilities or inland port
facilities, and port or marine equipment, including fixed
equipment to serve approaches to marine terminals or inland
ports.
(vii) Transmission or distribution pipelines.
(viii) Inland waterways.
(ix) Intermodal facilities or equipment related to 2 or
more of the sectors described in clauses (i) through (viii).
(x) Water treatment and solid waste disposal facilities.
(xi) Storm water management systems.
(xii) Dams and levees.
(xiii) Facilities or equipment for energy transmission,
distribution or storage.
(B) Authority of the board of directors to modify
sectors.--The Board of Directors may make modifications, at
the discretion of the Board, to any of the sectors described
in subparagraph (A) by a vote of not fewer than 5 of the
voting members of the Board of Directors.
(9) IFA.--The term ``IFA'' means the Infrastructure
Financing Authority established under section 13101.
(10) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, or higher
assigned to an eligible infrastructure project by a ratings
agency.
(11) Loan guarantee.--The term ``loan guarantee'' has the
meaning given the term in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a).
(12) OTRA.--The term ``OTRA'' means the Office of Technical
and Rural Assistance created pursuant to section 13106.
(13) Public-private partnership.--The term ``public-private
partnership'' means any eligible entity--
(A)(i) that is undertaking the development of all or part
of an eligible infrastructure project that will have a
measurable public benefit, pursuant to requirements
established in 1 or more contracts between the entity and a
State or an instrumentality of a State; or
(ii) the activities of which, with respect to such an
eligible infrastructure project, are subject to regulation by
a State or any instrumentality of a State;
(B) that owns, leases, or operates or will own, lease, or
operate, the project in whole or in part; and
(C) the participants in which include not fewer than 1
nongovernmental entity with significant investment and some
control over the project or entity sponsoring the project
vehicle.
(14) Rating agency.--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))).
(15) Regional infrastructure accelerator.--The term
``regional infrastructure accelerator'' means an organization
created by public sector agencies through a multi-
jurisdictional or multi-state agreement to provide technical
assistance to local jurisdictions that will facilitate the
implementation of innovative financing and procurement models
to public infrastructure projects.
(16) Rural infrastructure project.--The term ``rural
infrastructure project''--
(A) has the same meaning given the term in section 601(15)
of title 23, United States Code; and
(B) includes any eligible infrastructure project sector
described in clauses (i) through (xvii) of paragraph (8)(A)
located in any area other than a city with a population of
more than 250,000 inhabitants within the city limits.
(17) Senior management.--The term ``senior management''
means the chief financial officer, chief risk officer, chief
compliance officer, general counsel, chief lending officer,
and chief operations officer of IFA, and such
[[Page S5729]]
other officers as the Board of Directors may, by majority
vote, add to senior management.
(18) State.--The term ``State'' means--
(A) each of the several States of the United States; and
(B) the District of Columbia.
Subtitle A--Infrastructure Financing Authority
SEC. 13101. ESTABLISHMENT AND GENERAL AUTHORITY OF IFA.
(a) Establishment of IFA.--The Infrastructure Financing
Authority is established as a wholly owned Government
corporation.
(b) General Authority of IFA.--IFA shall--
(1) provide direct loans and loan guarantees to facilitate
eligible infrastructure projects that are economically
viable, in the public interest, and of regional or national
significance; and
(2) carry out any other activities and duties authorized
under this title.
(c) Incorporation.--
(1) In general.--The Board of Directors first appointed
shall be deemed the incorporator of IFA, and the
incorporation shall be held to have been effected from the
date of the first meeting of the Board of Directors.
(2) Corporate office.--IFA shall--
(A) maintain an office in Washington, DC; and
(B) for purposes of venue in civil actions, be considered
to be a resident of Washington, DC.
(d) Responsibility of the Secretary of the Treasury.--The
Secretary of the Treasury shall take such action as may be
necessary to assist in implementing IFA and in carrying out
the purpose of this title.
(e) Rule of Construction.--Chapter 91 of title 31, United
States Code, does not apply to IFA, unless otherwise
specifically provided in this title.
SEC. 13102. VOTING MEMBERS OF THE BOARD OF DIRECTORS.
(a) Voting Membership of the Board of Directors.--
(1) In general.--IFA shall have a Board of Directors
consisting of 7 voting members appointed by the President, by
and with the advice and consent of the Senate, not more than
4 of whom shall be from the same political party.
(2) Chairperson.--One of the voting members of the Board of
Directors shall be designated by the President, by and with
the advice and consent of the Senate, to serve as Chairperson
of the Board of Directors.
(3) Congressional recommendations.--Not later than 30 days
after the date of the enactment of this Act, the majority
leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, and the minority
leader of the House of Representatives shall each submit a
recommendation to the President for appointment of a member
of the Board of Directors, after consultation with the
appropriate committees of Congress.
(4) Special consideration of rural interests and geographic
diversity.--In making an appointment under this subsection,
the President shall give consideration to the geographic
areas of the United States in which the members of the Board
of Directors live and work, particularly to ensure that the
infrastructure priorities and concerns of each region of the
country, including rural areas and small communities, are
represented on the Board of Directors.
(b) Voting Rights.--Each voting member of the Board of
Directors shall have an equal vote in all decisions of the
Board of Directors.
(c) Qualifications of Voting Members.--Each voting member
of the Board of Directors shall--
(1) be a citizen of the United States; and
(2) have significant demonstrated expertise in--
(A) the management and administration of a financial
institution relevant to the operation of IFA; or
(B) the financing, development, or operation of
infrastructure projects, including in the evaluation and
selection of eligible infrastructure projects based on the
purposes, goals, and objectives of this title.
(d) Terms.--
(1) In general.--Except as otherwise provided in this
title, each voting member of the Board of Directors shall be
appointed for a term of 5 years.
(2) Initial staggered terms.--Of the voting members first
appointed to the Board of Directors--
(A) the initial Chairperson and 3 of the other voting
members shall each be appointed for a term of 5 years; and
(B) the remaining 3 voting members shall each be appointed
for a term of 2 years.
(3) Date of initial nominations.--The initial nominations
for the appointment of all voting members of the Board of
Directors shall be made not later than 60 days after the date
of the enactment of this Act.
(4) Beginning of term.--The term of each of the initial
voting members appointed under this section shall commence
immediately upon the date of appointment, except that, for
purposes of calculating the term limits specified in this
subsection, the initial terms shall each be construed as
beginning on January 22 of the year following the date of the
initial appointment.
(5) Vacancies.--
(A) In general.--A vacancy in the position of a voting
member of the Board of Directors shall be filled by the
President, by and with the advice and consent of the Senate.
(B) Term.--A member appointed to fill a vacancy on the
Board of Directors occurring before the expiration of the
term for which the predecessor was appointed shall be
appointed only for the remainder of that term.
(e) Meetings.--
(1) Open to the public; notice.--Except as provided in
paragraph (3), all meetings of the Board of Directors shall
be--
(A) open to the public; and
(B) preceded by reasonable public notice.
(2) Frequency.--The Board of Directors shall meet--
(A) not later than 60 days after the date on which all
members of the Board of Directors are first appointed;
(B) at least quarterly after the date described in
subparagraph (A); and
(C) at the call of the Chairperson or 3 voting members of
the Board of Directors.
(3) Exception for closed meetings.--
(A) In general.--The voting members of the Board of
Directors may, by majority vote, close a meeting to the
public if, during the meeting to be closed, there is likely
to be disclosed proprietary or sensitive information
regarding an eligible infrastructure project under
consideration for assistance under this title.
(B) Availability of minutes.--The Board of Directors shall
prepare minutes of any meeting that is closed to the public,
which minutes shall be made available as soon as practicable,
but not later than 1 year after the date of the closed
meeting, with any necessary redactions to protect any
proprietary or sensitive information.
(4) Quorum.--For purposes of meetings of the Board of
Directors, 5 voting members of the Board of Directors shall
constitute a quorum.
(f) Compensation of Members.--Each voting member of the
Board of Directors shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay
prescribed for level III of the Executive Schedule under
section 5314 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the performance of the duties of the Board of Directors.
(g) Conflicts of Interest.--A voting member of the Board of
Directors may not participate in any review or decision
affecting an eligible infrastructure project under
consideration for assistance under this title, if the member
has or is affiliated with an entity who has a financial
interest in that project.
SEC. 13103. CHIEF EXECUTIVE OFFICER.
(a) In General.--The Chief Executive Officer shall--
(1) be a nonvoting member of the Board of Directors;
(2) be responsible for all activities of IFA; and
(3) support the Board of Directors in accordance with this
title and as the Board of Directors determines to be
necessary.
(b) Appointment and Tenure of the Chief Executive
Officer.--
(1) In general.--The President shall appoint the Chief
Executive Officer, by and with the advice and consent of the
Senate.
(2) Term.--The Chief Executive Officer shall be appointed
for a term of 6 years.
(3) Vacancies.--
(A) In general.--Any vacancy in the office of the Chief
Executive Officer shall be filled by the President, by and
with the advice and consent of the Senate.
(B) Term.--The person appointed to fill a vacancy in the
Chief Executive Officer position that occurs before the
expiration of the term for which the predecessor was
appointed shall be appointed only for the remainder of that
term.
(c) Qualifications.--The Chief Executive Officer--
(1) shall have significant expertise in management and
administration of a financial institution, or significant
expertise in the financing and development of infrastructure
projects; and
(2) may not--
(A) hold any other public office;
(B) have any financial interest in an eligible
infrastructure project then being considered by the Board of
Directors, unless that interest is placed in a blind trust;
or
(C) have any financial interest in an investment
institution or its affiliates or any other entity seeking or
likely to seek financial assistance for any eligible
infrastructure project from IFA, unless any such interest is
placed in a blind trust for the tenure of the service of the
Chief Executive Officer plus 2 additional years.
(d) Responsibilities.--The Chief Executive Officer shall
have such executive functions, powers, and duties as may be
prescribed by this title, the bylaws of IFA, or the Board of
Directors, including--
(1) responsibility for the development and implementation
of the strategy of IFA, including--
(A) the development and submission to the Board of
Directors of the annual business plans and budget;
(B) the development and submission to the Board of
Directors of a long-term strategic plan; and
(C) the development, revision, and submission to the Board
of Directors of internal policies; and
(2) responsibility for the management and oversight of the
daily activities, decisions, operations, and personnel of
IFA.
(e) Compensation.--
(1) In general.--Any compensation assessment or
recommendation by the Chief Executive Officer under this
section shall be
[[Page S5730]]
without regard to the provisions of chapter 51 or subchapter
III of chapter 53 of title 5, United States Code.
(2) Considerations.--The compensation assessment or
recommendation required under this subsection shall take into
account merit principles, where applicable, as well as the
education, experience, level of responsibility, geographic
differences, and retention and recruitment needs in
determining compensation of personnel.
SEC. 13104. POWERS AND DUTIES OF THE BOARD OF DIRECTORS.
The Board of Directors shall--
(1) as soon as practicable after the date on which all
members are appointed, approve or disapprove senior
management appointed by the Chief Executive Officer;
(2) not later than 180 days after the date on which all
members are appointed--
(A) develop and approve the bylaws of IFA, including bylaws
for the regulation of the affairs and conduct of the business
of IFA, consistent with the purpose, goals, objectives, and
policies set forth in this title;
(B) establish subcommittees, including an audit committee
that is composed solely of members of the Board of Directors,
other than the Chief Executive Officer;
(C) develop and approve, in consultation with senior
management, a conflict-of-interest policy for the Board of
Directors and for senior management;
(D) approve or disapprove internal policies that the Chief
Executive Officer shall submit to the Board of Directors,
including--
(i) policies regarding the loan application and approval
process, including application procedures and project
approval processes; and
(ii) operational guidelines; and
(E) approve or disapprove a 1-year business plan and budget
for IFA;
(3) ensure that IFA is at all times operated in a manner
that is consistent with this title, by--
(A) monitoring and assessing the effectiveness of IFA in
achieving its strategic goals;
(B) reviewing and approving internal policies, annual
business plans, annual budgets, and long-term strategies
submitted by the Chief Executive Officer;
(C) reviewing and approving annual reports submitted by the
Chief Executive Officer;
(D) engaging 1 or more external auditors, as set forth in
this title; and
(E) reviewing and approving all changes to the organization
of senior management;
(4) appoint and fix, by a vote of not less than 5 of the 7
voting members of the Board of Directors, and without regard
to the provisions of chapter 51 or subchapter III of chapter
53 of title 5, United States Code, the compensation and
adjustments to compensation of all IFA personnel, provided
that in appointing and fixing any compensation or adjustments
to compensation under this paragraph, the Board shall--
(A) consult with, and seek to maintain comparability with,
other comparable Federal personnel, as the Board of Directors
may determine to be appropriate;
(B) consult with the Office of Personnel Management; and
(C) carry out those duties consistent with merit
principles, where applicable, as well as the education,
experience, level of responsibility, geographic differences,
comparability to private sector positions, and retention and
recruitment needs in determining compensation of personnel;
(5) serve as the primary liaison for IFA in interactions
with Congress, the Secretary of Transportation and other
executive branch officials, and State and local governments,
and to represent the interests of IFA in those interactions
and others;
(6) approve by a vote of not less than 5 of the 7 voting
members of the Board of Directors any changes to the bylaws
or internal policies of IFA;
(7) have the authority and responsibility--
(A) to oversee entering into and carrying out such
contracts, leases, cooperative agreements, or other
transactions as are necessary to carry out this title;
(B) to approve of the acquisition, lease, pledge, exchange,
and disposal of real and personal property by IFA and
otherwise approve the exercise by IFA of all of the usual
incidents of ownership of property, to the extent that the
exercise of those powers is appropriate to and consistent
with the purposes of IFA;
(C) to determine the character of, and the necessity for,
the obligations and expenditures of IFA, and the manner in
which the obligations and expenditures will be incurred,
allowed, and paid, subject to this title and other Federal
law specifically applicable to wholly owned Federal
corporations;
(D) to execute, in accordance with applicable bylaws and
regulations, appropriate instruments;
(E) to approve other forms of credit enhancement that IFA
may provide to eligible projects, as long as the forms of
credit enhancements are consistent with the purposes of this
title and the terms set forth in subtitle B;
(F) to exercise all other lawful powers which are necessary
or appropriate to carry out, and are consistent with, the
purposes of IFA;
(G) to sue or be sued in the corporate capacity of IFA in
any court of competent jurisdiction;
(H) to indemnify the members of the Board of Directors and
officers of IFA for any liabilities arising out of the
actions of the members and officers in that capacity, in
accordance with, and subject to the limitations contained in
this title;
(I) to review all financial assistance packages to all
eligible infrastructure projects, as submitted by the Chief
Executive Officer and to approve, postpone, or deny the same
by majority vote;
(J) to review all restructuring proposals submitted by the
Chief Executive Officer, including assignation, pledging, or
disposal of the interest of IFA in a project, including
payment or income from any interest owned or held by IFA, and
to approve, postpone, or deny the same by majority vote;
(K) to enter into binding commitments, as specified in
approved financial assistance packages;
(L) to determine whether--
(i) to obtain a lien on the assets of an eligible entity
that receives assistance under this title; and
(ii) to subordinate a lien under clause (i) to any other
lien securing project obligations; and
(M) to ensure a measurable public benefit in the selection
of eligible infrastructure projects and to provide for
reasonable public input in the selection of such projects;
(8) delegate to the Chief Executive Officer those duties
that the Board of Directors determines to be appropriate, to
better carry out the powers and purposes of the Board of
Directors under this section; and
(9) to approve a maximum aggregate amount of principal
exposure of IFA at any given time.
SEC. 13105. SENIOR MANAGEMENT.
(a) In General.--Senior management shall support the Chief
Executive Officer in the discharge of the responsibilities of
the Chief Executive Officer.
(b) Appointment of Senior Management.--The Chief Executive
Officer shall appoint such senior managers as are necessary
to carry out the purposes of IFA, as approved by a majority
vote of the voting members of the Board of Directors,
including a chief compliance officer, general counsel, chief
operating officer, chief lending officer, and other positions
as determined to be appropriate by the Chief Executive
Officer and the Board of Directors.
(c) Term.--Each member of senior management shall serve at
the pleasure of the Chief Executive Officer and the Board of
Directors.
(d) Removal of Senior Management.--Any member of senior
management may be removed--
(1) by a majority of the voting members of the Board of
Directors at the request of the Chief Executive Officer; or
(2) by a vote of not fewer than 5 voting members of the
Board of Directors.
(e) Senior Management.--
(1) In general.--Each member of senior management shall
report directly to the Chief Executive Officer, other than
the chief risk officer, who shall report directly to the
Board of Directors.
(2) Chief risk officer.--The chief risk officer shall be
responsible for all functions of IFA relating to--
(A) the creation of financial, credit, and operational risk
management guidelines and policies;
(B) the establishment of guidelines to ensure
diversification of lending activities by region,
infrastructure project type, and project size;
(C) the creation of conforming standards for infrastructure
finance agreements;
(D) the monitoring of the financial, credit, and
operational exposure of IFA; and
(E) risk management and mitigation actions, including by
reporting those actions, or recommendations of actions to be
taken, directly to the Board of Directors.
(f) Conflicts of Interest.--No individual appointed to
senior management may--
(1) hold any other public office;
(2) have any financial interest in an eligible
infrastructure project then being considered by the Board of
Directors, unless that interest is placed in a blind trust;
or
(3) have any financial interest in an investment
institution or its affiliates, IFA or its affiliates, or
other entity then seeking or likely to seek financial
assistance for any eligible infrastructure project from IFA,
unless any such interest is placed in a blind trust during
the term of service of that individual in a senior management
position, and for a period of 2 years thereafter.
SEC. 13106. OFFICE OF TECHNICAL AND RURAL ASSISTANCE.
(a) In General.--The Chief Executive Officer shall create
and manage, within IFA, the ``Office of Technical and Rural
Assistance''.
(b) Duties.--The OTRA shall--
(1) in consultation with the Secretary of Transportation
and the heads of other relevant Federal agencies, as
determined by the Chief Executive Officer, provide technical
assistance to State and local governments and parties in
public-private partnerships in the development and financing
of eligible infrastructure projects, including rural
infrastructure projects;
(2) assist the entities described in paragraph (1) with
coordinating loan and loan guarantee programs available
through Federal agencies, including the Department of
Transportation and other Federal agencies, as appropriate;
(3) work with the entities described in paragraph (1) to
identify and develop a pipeline of projects suitable for
financing through innovative project financing and
performance based project delivery, including those projects
with the potential for financing through IFA; and
[[Page S5731]]
(4) establish a regional infrastructure accelerator
demonstration program to assist the entities described in
paragraph (1) in developing improved infrastructure
priorities and financing strategies, for the accelerated
development of covered infrastructure projects, including
those projects with the potential for financing through IFA.
(c) Designation of Regional Infrastructure Accelerators.--
In carrying out the program established pursuant to
subsection (b)(3), the OTRA is authorized to designate
regional infrastructure accelerators that will--
(1) serve a defined geographic area; and
(2) act as a resource in such area to entities described in
subsection (b)(1), in accordance with this subsection.
(d) Application Process.--To be eligible for a designation
under subsection (c), regional infrastructure accelerators
shall submit a proposal to the OTRA at such time, in such
form, and containing such information as the OTRA determines
is appropriate.
(e) Considerations.--In evaluating proposals submitted
pursuant to subsection (d), the OTRA shall consider--
(1) the need for geographic diversity among regional
infrastructure accelerators; and
(2) promoting 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 IFA;
(B) to build capacity of 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 such projects;
(D) to increase transparency with respect to infrastructure
project analysis and utilizing 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.
(f) Annual Report.--The OTRA shall submit an annual report
to Congress that describes the findings and effectiveness of
the infrastructure accelerator demonstration program.
SEC. 13107. SPECIAL INSPECTOR GENERAL FOR IFA.
(a) In General.--
(1) Initial period.--During the 5-year period beginning on
the date of the enactment of this Act, the Inspector General
of the Department of the Treasury shall serve as the Special
Inspector General for IFA in addition to the existing duties
of the Inspector General of the Department of the Treasury.
(2) Office of the special inspector general.--Beginning on
the day that is 5 years after the date of the enactment of
this Act, there is established the Office of the Special
Inspector General for IFA.
(b) Appointment of Inspector General; Removal.--
(1) Head of office.--The head of the Office of the Special
Inspector General for IFA shall be the Special Inspector
General for IFA (referred to in this title as the ``Special
Inspector General''), who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) Basis of appointment.--The appointment of the Special
Inspector General shall be made on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(3) Timing of nomination.--The nomination of an individual
as Special Inspector General shall be made as soon as
practicable after the date of the enactment of this Act.
(4) Removal.--The Special Inspector General shall be
removable from office in accordance with the provisions of
section 3(b) of the Inspector General Act of 1978 (5 U.S.C.
App.).
(5) Rule of construction.--For purposes of section 7324 of
title 5, United States Code, the Special Inspector General
shall not be considered an employee who determines policies
to be pursued by the United States in the nationwide
administration of Federal law.
(6) Rate of pay.--The annual rate of basic pay of the
Special Inspector General shall be the annual rate of basic
pay for an Inspector General under section 3(e) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(c) Duties.--The Special Inspector General shall--
(1) conduct, supervise, and coordinate audits and
investigations of the business activities of IFA;
(2) establish, maintain, and oversee such systems,
procedures, and controls as the Special Inspector General
considers appropriate to discharge the duty under paragraph
(1); and
(3) carry out any other duties and responsibilities of
inspectors general under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Powers and Authorities.--
(1) In general.--In carrying out the duties specified in
subsection (c), the Special Inspector General shall have the
authorities provided in section 6 of the Inspector General
Act of 1978 (5 U.S.C. App.).
(2) Additional authority.--The Special Inspector General
shall carry out the duties specified in subsection (c)(1) in
accordance with section 4(b)(1) of the Inspector General Act
of 1978 (5 U.S.C. App.).
(e) Personnel, Facilities, and Other Resources.--
(1) Additional officers.--
(A) In general.--The Special Inspector General may select,
appoint, and employ such officers and employees as may be
necessary for carrying out the duties of the Special
Inspector General, subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III
of chapter 53 of such title, relating to classification and
General Schedule pay rates.
(B) Employment and compensation.--The Special Inspector
General may exercise the authorities of subsections (b)
through (i) of section 3161 of title 5, United States Code
(without regard to subsection (a) of that section).
(2) Retention of services.--The Special Inspector General
may obtain services as authorized by section 3109 of title 5,
United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) Ability to contract for audits, studies, and other
services.--The Special Inspector General may enter into
contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary
to carry out the duties of the Special Inspector General.
(4) Request for information.--
(A) In general.--Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the head
of that entity shall, insofar as is practicable and not in
contravention of any existing law, furnish the information or
assistance to the Special Inspector General or an authorized
designee.
(B) Refusal to comply.--If information or assistance
requested by the Special Inspector General is, in the
judgment of the Special Inspector General, unreasonably
refused or not provided, the Special Inspector General shall
report the circumstances to the Secretary of the Treasury,
without delay.
(f) Reports.--
(1) Annual report.--Not later than 1 year after the date on
which the Special Inspector General is confirmed, and every
calendar year thereafter, the Special Inspector General shall
submit to the President and appropriate committees of
Congress a report summarizing the activities of the Special
Inspector General during the previous 1-year period ending on
the date of that report.
(2) Public disclosures.--Nothing in this subsection
authorizes the public disclosure of information that is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
SEC. 13108. OTHER PERSONNEL.
(a) Appointment, Removal, and Definition of Duties.--Except
as otherwise provided in the bylaws of IFA, the Chief
Executive Officer, in consultation with the Board of
Directors, shall appoint, remove, and define the duties of
such qualified personnel as are necessary to carry out the
powers, duties, and purpose of IFA, other than senior
management, who shall be appointed in accordance with section
13105.
(b) Coordination in Identifying Qualifications and
Expertise.--In appointing qualified personnel pursuant to
subsection (a), the Chief Executive Officer shall coordinate
with, and seek assistance from, the Secretary of
Transportation in identifying the appropriate qualifications
and expertise in infrastructure project finance.
SEC. 13109. COMPLIANCE.
The provision of assistance by IFA pursuant to this title
does not supersede any provision of State law or regulation
otherwise applicable to an eligible infrastructure project.
Subtitle B--Terms and Limitations on Direct Loans and Loan Guarantees
SEC. 13201. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM IFA AND
TERMS AND LIMITATIONS OF LOANS.
(a) Public Benefit; Financeability.--A project is not be
eligible for financial assistance from IFA under this title
if--
(1) the use or purpose of such project is private or such
project does not create a public benefit, as determined by
the Board of Directors; or
(2) the applicant is unable to demonstrate, to the
satisfaction of the Board of Directors, a sufficient revenue
stream to finance the loan that will be used to pay for such
project.
(b) Financial Criteria.--If the project meets the
requirements under subsection (a), an applicant for financial
assistance under this title shall demonstrate, to the
satisfaction of the Board of Directors, that--
(1) for public-private partnerships, the project has
received contributed capital or commitments for contributed
capital equal to not less than 10 percent of the total cost
of the eligible infrastructure project for which assistance
is being sought if such contributed capital includes--
(A) equity;
[[Page S5732]]
(B) deeply subordinate loans or other credit and debt
instruments, which shall be junior to any IFA assistance
provided for the project;
(C) appropriated funds or grants from governmental sources
other than the Federal Government; or
(D) irrevocable private contributions of funds, grants,
property (including rights-of-way), and other assets that
directly reduce or offset project costs; and
(2) the eligible infrastructure project for which
assistance is being sought--
(A) is not for the refinancing of an existing
infrastructure project; and
(B) meets--
(i) any pertinent requirements set forth in this title;
(ii) any criteria established by the Board of Directors
under subsection (c) or by the Chief Executive Officer in
accordance with this title; and
(iii) the definition of an eligible infrastructure project.
(c) Considerations.--The criteria established by the Board
of Directors under this subsection shall provide adequate
consideration of--
(1) the economic, financial, technical, environmental, and
public benefits and costs of each eligible infrastructure
project under consideration for financial assistance under
this title, prioritizing eligible infrastructure projects
that--
(A) demonstrate a clear and measurable public benefit;
(B) offer value for money to taxpayers;
(C) contribute to regional or national economic growth;
(D) lead to long-term job creation; and
(E) mitigate environmental concerns;
(2) the means by which development of the eligible
infrastructure project under consideration is being financed,
including--
(A) the terms, conditions, and structure of the proposed
financing;
(B) the creditworthiness and standing of the project
sponsors, providers of equity, and cofinanciers;
(C) the financial assumptions and projections on which the
eligible infrastructure project is based; and
(D) whether there is sufficient State or municipal
political support for the successful completion of the
eligible infrastructure project;
(3) the likelihood that the provision of assistance by IFA
will cause the development to proceed more promptly and with
lower costs for financing than would be the case without IFA
assistance;
(4) the extent to which the provision of assistance by IFA
maximizes the level of private investment in the eligible
infrastructure project or supports a public-private
partnership, while providing a significant public benefit;
(5) the extent to which the provision of assistance by IFA
can mobilize the participation of other financing partners in
the eligible infrastructure project;
(6) the technical and operational viability of the eligible
infrastructure project;
(7) the proportion of financial assistance from IFA;
(8) the geographical location of the project, prioritizing
geographical diversity of projects funded by IFA;
(9) the size of the project and the impact of the project
on the resources of IFA; and
(10) the infrastructure sector of the project, prioritizing
projects from more than 1 sector funded by IFA.
(d) Application.--
(1) In general.--Any eligible entity seeking assistance
from IFA under this title for an eligible infrastructure
project shall submit an application to IFA at such time, in
such manner, and containing such information as the Board of
Directors or the Chief Executive Officer may require.
(2) Review of applications.--
(A) In general.--IFA shall review applications for
assistance under this title on an ongoing basis.
(B) Preparation.--The Chief Executive Officer, in
cooperation with the senior management, shall prepare
eligible infrastructure projects for review and approval by
the Board of Directors.
(3) Dedicated revenue sources.--The Federal credit
instrument shall be repayable, in whole or in part, from
tolls, user fees, or other dedicated revenue sources derived
from users or beneficiaries that also secure the eligible
infrastructure project obligations.
(e) Eligible Infrastructure Project Costs.--
(1) In general.--Except as provided in paragraph (2), to be
eligible for assistance under this title, an eligible
infrastructure project shall have project costs that are
reasonably anticipated to equal or exceed $50,000,000.
(2) Rural infrastructure projects.--To be eligible for
assistance under this title a rural infrastructure project
shall have project costs that are reasonably anticipated to
equal or exceed $10,000,000.
(f) Loan Eligibility and Maximum Amounts.--
(1) In general.--The amount of a direct loan or loan
guarantee under this title shall not exceed the lesser of--
(A) 49 percent of the reasonably anticipated eligible
infrastructure project costs; and
(B) the amount of the senior project obligations, if the
direct loan or loan guarantee does not receive an investment
grade rating.
(2) Maximum annual loan and loan guarantee volume.--The
aggregate amount of direct loans and loan guarantees made by
IFA shall not exceed--
(A) during the first 2 fiscal years of the operations of
IFA, $10,000,000,000 per year;
(B) during fiscal years 3 through 9 of the operations of
IFA, $20,000,000,000 per year; and
(C) during any fiscal year thereafter, $50,000,000,000.
SEC. 13202. LOAN TERMS AND REPAYMENT.
(a) In General.--A direct loan or loan guarantee under this
title with respect to an eligible infrastructure project
shall be on such terms, subject to such conditions, and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Chief
Executive Officer determines appropriate.
(b) Terms.--A direct loan or loan guarantee under this
title--
(1) shall--
(A) be payable, in whole or in part, from tolls, user fees,
or other dedicated revenue sources derived from users or
beneficiaries; and
(B) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
(2) may be secured by a lien--
(A) on the assets of the obligor, including revenues
described in paragraph (1); and
(B) which may be subordinated to any other lien securing
project obligations.
(c) Base Interest Rate.--The base interest rate on a direct
loan under this title shall be not less than the yield on
Treasury obligations of a similar maturity to the maturity of
the direct loan on the date of execution of the loan
agreement.
(d) Risk Assessment.--Before entering into an agreement for
assistance under this title, the Chief Executive Officer, in
consultation with the Director of the Office of Management
and Budget and each rating agency providing a preliminary
rating opinion letter under this section, shall determine an
appropriate Federal credit subsidy amount for each direct
loan and loan guarantee, taking into account that preliminary
rating opinion letter, as well as any comparable market rates
available for such a loan or loan guarantee, should any
exist.
(e) Credit Fee.--
(1) In general.--With respect to each agreement for
assistance under this title, the Chief Executive Officer
shall charge a credit fee to the recipient of that assistance
to pay for, over time, all or a portion of the Federal credit
subsidy determined under subsection (d), with the remainder
paid by the account established for IFA.
(2) Direct loans.--In the case of a direct loan, the credit
fee described in paragraph (1) shall be in addition to the
base interest rate established under subsection (c).
(f) Maturity Date.--The final maturity date of a direct
loan or loan guaranteed by IFA under this title shall be not
later than 35 years after the date of substantial completion
of the eligible infrastructure project, as determined by the
Chief Executive Officer.
(g) Preliminary Rating Opinion Letter.--
(1) In general.--The Chief Executive Officer shall require
each applicant for assistance under this title to provide a
preliminary rating opinion letter from at least 1 rating
agency, indicating that the senior obligations of the
eligible infrastructure project, which may be the Federal
credit instrument, have the potential to achieve an
investment-grade rating.
(2) Rural infrastructure projects.--With respect to a rural
infrastructure project, a rating agency opinion letter
described in paragraph (1) shall not be required, except that
the loan or loan guarantee shall receive an internal rating
score, using methods similar to the rating agencies generated
by IFA, measuring the proposed direct loan or loan guarantee
against comparable direct loans or loan guarantees of similar
credit quality in a similar sector.
(h) Investment-Grade Rating Requirement.--
(1) Loans and loan guarantees.--The execution of a direct
loan or loan guarantee under this title shall be contingent
on the senior obligations of the eligible infrastructure
project receiving an investment-grade rating.
(2) Rating of ifa overall portfolio.--The average rating of
the overall portfolio of IFA shall be not less than
investment grade after 5 years of operation.
(i) Terms and Repayment of Direct Loans.--
(1) Schedule.--The Chief Executive Officer shall establish
a repayment schedule for each direct loan under this title,
based on the projected cash flow from eligible infrastructure
project revenues and other repayment sources.
(2) Commencement.--Scheduled loan repayments of principal
or interest on a direct loan under this title shall commence
not later than 5 years after the date of substantial
completion of the eligible infrastructure project, as
determined by the Chief Executive Officer of IFA.
(3) Deferred payments of direct loans.--
(A) Authorization.--If, at any time after the date of
substantial completion of an eligible infrastructure project
assisted under this title, the eligible infrastructure
project is unable to generate sufficient revenues to pay the
scheduled loan repayments of principal and interest on the
direct loan under this title, the Chief Executive Officer may
allow the obligor to add unpaid principal and
[[Page S5733]]
interest to the outstanding balance of the direct loan, if
the result would benefit the taxpayer.
(B) Interest.--Any payment deferred under subparagraph (A)
shall--
(i) continue to accrue interest, in accordance with the
terms of the obligation, until fully repaid; and
(ii) be scheduled to be amortized over the remaining term
of the loan.
(C) Criteria.--
(i) In general.--Any payment deferral under subparagraph
(A) shall be contingent on the eligible infrastructure
project meeting criteria established by the Board of
Directors.
(ii) Repayment standards.--The criteria established under
clause (i) shall include standards for reasonable assurance
of repayment.
(4) Prepayment of direct loans.--
(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the eligible infrastructure project obligations and direct
loan and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations under this title may be applied
annually to prepay the direct loan, without penalty.
(B) Use of proceeds of refinancing.--A direct loan under
this title may be prepaid at any time, without penalty, from
the proceeds of refinancing from non-Federal funding sources.
(j) Loan Guarantees.--The terms of a loan guaranteed by IFA
under this title shall be consistent with the terms set forth
in this section for a direct loan, except that the rate on
the guaranteed loan and any payment, prepayment, or
refinancing features shall be negotiated between the obligor
and the lender (as defined in section 601(a) of title 23,
United States Code) with the consent of the Chief Executive
Officer.
(k) Compliance With Federal Credit Reform Act of 1990.--
(1) In general.--Except as provided in paragraph (2),
direct loans and loan guarantees authorized by this title
shall be subject to the provisions of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
(2) Exception.--Section 504(b) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661c(b)) shall not apply to a loan or
loan guarantee under this title.
(l) Policy of Congress.--It is the policy of Congress that
IFA shall only make a direct loan or loan guarantee under
this title if IFA determines that IFA is reasonably expected
to recover the full amount of the direct loan or loan
guarantee.
SEC. 13203. ENVIRONMENTAL PERMITTING PROCESS IMPROVEMENTS.
(a) Interagency Coordination.--As soon as practicable after
IFA approves financing for a proposed project under this
title, the President shall convene a meeting of
representatives of all relevant and appropriate permitting
agencies--
(1) to establish or update a permitting timetable for the
proposed project;
(2) to coordinate concurrent permitting reviews by all
necessary agencies; and
(3) to coordinate with relevant State agencies and regional
infrastructure development agencies to ensure--
(A) adequate participation; and
(B) the timely provision of necessary documentation to
allow any State review to proceed without delay.
(b) Goal.--The permitting timetable for each proposed
project established pursuant to subsection (a)(1) shall
ensure that the environmental review process is completed as
soon as practicable.
(c) Earlier.--The President may carry out the functions set
forth in subsection (a) with respect to a proposed project
before the IFA has approved financing for such project upon
the request of the Chief Executive Officer.
(d) Concurrent Reviews.--Each agency, to the greatest
extent permitted by law, shall--
(1) carry out the obligations of the agency under other
applicable law concurrently, and in conjunction with other
reviews being conducted by other participating agencies,
including environmental reviews required under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.), unless
such concurrent reviews would impair the ability of the
agency to carry out its statutory obligations; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure the
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
SEC. 13204. COMPLIANCE AND ENFORCEMENT.
(a) Credit Agreement.--Notwithstanding any other provision
of law, each eligible entity that receives assistance under
this title shall enter into a credit agreement that requires
such entity to comply with all applicable policies and
procedures of IFA, in addition to all other provisions of the
loan agreement.
(b) Applicability of Federal Laws.--Each eligible entity
that receives assistance under this title shall provide
written assurance, in such form and manner and containing
such terms as are to be prescribed by IFA, that the eligible
infrastructure project will be performed in compliance with
the requirements of all Federal laws that would otherwise
apply to similar projects to which the United States is a
party, or financed in whole or in part from Federal funds or
in accordance with guarantees of a Federal agency or financed
from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant, or annual contribution (except
where a different meaning is expressly indicated).
(c) IFA Authority on Noncompliance.--In any case in which
an eligible entity that receives assistance under this title
is materially out of compliance with the loan agreement, or
any applicable policy or procedure of IFA, the Board of
Directors may take action--
(1) to cancel unused loan amounts; or
(2) to accelerate the repayment terms of any outstanding
obligation.
SEC. 13205. AUDITS; REPORTS TO THE PRESIDENT AND CONGRESS.
(a) Accounting.--The books of account of IFA shall be--
(1) maintained in accordance with generally accepted
accounting principles; and
(2) subject to an annual audit by independent public
accountants of nationally recognized standing appointed by
the Board of Directors.
(b) Reports.--
(1) Board of directors.--Not later than 90 days after the
last day of each fiscal year, the Board of Directors shall
submit to the President and Congress a complete and detailed
report with respect to the preceding fiscal year, setting
forth--
(A) a summary of the operations of IFA for that fiscal
year;
(B) a schedule of the obligations of IFA and capital
securities outstanding at the end of that fiscal year, with a
statement of the amounts issued and redeemed or paid during
that fiscal year;
(C) the status of eligible infrastructure projects
receiving funding or other assistance pursuant to this title
during that fiscal year, including--
(i) all nonperforming loans; and
(ii) disclosure of all entities with a development,
ownership, or operational interest in those eligible
infrastructure projects;
(D) a description of the successes and challenges
encountered in lending to rural communities, including the
role of the Office of Technical and Rural Assistance
established under this title; and
(E) an assessment of the risks of the portfolio of IFA,
which shall be prepared by an independent source.
(2) GAO.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct an evaluation of, and submit to the
Committee on Commerce, Science, and Transportation of the
Senate and to the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives a report on the activities of IFA for the
fiscal years covered by the report that includes--
(A) an assessment of the impact and benefits of each funded
eligible infrastructure project, including a review of how
effectively each eligible infrastructure project accomplished
the goals prioritized by the eligible infrastructure project
criteria of IFA; and
(B) an evaluation of the effectiveness of, and challenges
facing, loan programs at the Department of Transportation and
Department of Energy, and an analysis of the advisability of
consolidating those programs within IFA.
(c) Books and Records.--
(1) In general.--IFA shall maintain adequate books and
records to support the financial transactions of IFA, with a
description of financial transactions and eligible
infrastructure projects receiving funding, and the amount of
funding for each project maintained on a publically
accessible database.
(2) Audits by the secretary of the treasury and gao.--The
books and records of IFA shall at all times be open to
inspection by the Secretary of the Treasury, the Special
Inspector General, and the Comptroller General of the United
States.
SEC. 13206. EFFECT ON OTHER LAWS.
Nothing in this title may be construed to affect or alter
the responsibility of an eligible entity that receives
assistance under this title to comply with applicable Federal
and State laws (including regulations) relating to an
eligible infrastructure project.
Subtitle C--Funding of IFA
SEC. 13301. FEES.
The Chief Executive Officer shall establish fees with
respect to loans and loan guarantees under this title that--
(1) are sufficient to cover all the administrative costs to
the Federal Government for the operations of IFA;
(2) may be in the form of an application or transaction
fee, or interest rate adjustment; and
(3) may be based on the risk premium associated with the
loan or loan guarantee, taking into consideration--
(A) the price of Treasury obligations of a similar
maturity;
(B) prevailing market conditions;
(C) the ability of the eligible infrastructure project to
support the loan or loan guarantee; and
(D) the total amount of the loan or loan guarantee.
SEC. 13302. SELF-SUFFICIENCY OF IFA.
The Chief Executive Officer shall, to the extent
practicable, take actions consistent with this title to make
IFA a self-sustaining entity, with administrative costs and
Federal credit subsidy costs fully funded by fees and risk
premiums on loans and loan guarantees.
SEC. 13303. FUNDING.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
IFA to make direct loans
[[Page S5734]]
and loan guarantees under this title $10,000,000,000, which
shall remain available until expended.
(2) Administrative costs.--Of the amounts appropriated
pursuant to paragraph (1), the IFA may expend, for
administrative costs, not more than--
(A) $25,000,000 for each of the fiscal years 2016 and 2017;
and
(B) not more than $50,000,000 for fiscal year 2018.
(b) Interest.--The amounts made available to IFA pursuant
to subsection (a) shall be placed in interest-bearing
accounts.
(c) Rural Infrastructure Projects.--Of the amounts made
available to IFA under this section, not less than 5 percent
shall be used to offset subsidy costs associated with rural
infrastructure projects.
SEC. 13304. CONTRACT AUTHORITY.
Notwithstanding any other provision of law, approval by the
Board of Directors of a Federal credit instrument that uses
funds made available under this title shall impose upon the
United States a contractual obligation to fund the Federal
credit investment.
SEC. 13305. LIMITATION ON AUTHORITY.
IFA shall not have the authority to issue debt in its own
name.
Subtitle D--Tax Exemption Requirements for State and Local Bonds
SEC. 13401. NATIONAL LIMITATION ON AMOUNT OF TAX-EXEMPT
FINANCING FOR FACILITIES.
Section 142(m)(2)(A) of the Internal Revenue Code of 1986
is amended by striking ``$15,000,000,000'' and inserting
``$16,000,000,000''.
Subtitle E--Transportation Infrastructure Finance and Innovation Act of
1998 Amendments
SEC. 13501. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT OF 1998 AMENDMENTS.
______
SA 2401. Mr. WARNER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 394, line 5, strike ``(c)'' and insert the
following:
(c) Task Force.--To assist with the study under subsection
(a), the Secretary shall create a task force composed of
representatives of--
(1) national stakeholders representing--
(A) city officials;
(B) State departments of transportation;
(C) transit agencies;
(D) transportation demand management professionals;
(E) rural transportation agencies;
(F) shared use mobility providers;
(G) intelligent transportation system professionals; and
(H) additional private sector technology professionals, as
appropriate;
(2) university transportation centers engaged in research
regarding urban mobility and shared use mobility;
(3) private companies that provide, promote, and operate
digital mobility technologies and information technologies;
and
(4) other entities that the Secretary determines could
contribute to the development of the study.
(d)
______
SA 2402. Mr. WARNER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 401, between lines 10 and 11, insert the following:
SEC. 31209. GUIDANCE ON INNOVATIVE MOBILITY TECHNOLOGIES.
(a) In General.--The Secretary, in coordination with the
Federal Highway Administration and the Federal Transit
Administration, shall review policies and guidance to
identify ways in which the Department can encourage State
departments of transportation, transit agencies, and other
direct recipients of Federal-Aid Highway and Federal Transit
funding to encourage and expand the use of innovative
mobility technologies, including car sharing, bike sharing,
carpool, vanpool, transportation network companies,
multimodal fare payment systems, application-based mobility
programs, and other innovative projects that can make the
transportation system more safe and efficient.
(b) Review of Guidance.--The Secretary, in coordination
with the Federal Highway Administration and the Federal
Transit Administration, shall--
(1) review existing guidance and revise such guidance, as
necessary, to encourage the use and expansion of innovative
technologies, as appropriate; and
(2) develop specific guidance and circulars on how
recipients of Federal-Aid Highway funding can and should be
utilizing such technologies.
(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
a report to Congress that includes--
(1) a plan describing how the Department will identify and
provide technical assistance to recipients of Federal-Aid
Highway funding on integrating and utilizing innovative
mobility technologies;
(2) a plan for addressing current and potential guidance
documents;
(3) the identification of legislative barriers that prevent
expansion and utilization of innovative mobility
technologies, including mobility services provided by private
providers of public transportation; and
(4) recommendations on policies that the Department should
implement and legislation that Congress should enact to
expand innovative mobility technologies.
(d) Task Force.--To assist with the development of the
report under subsection (c), the Secretary shall create a
task force composed of representatives of--
(1) national stakeholders representing--
(A) city officials;
(B) State departments of transportation;
(C) transit agencies;
(D) transportation demand management professionals;
(E) rural transportation agencies;
(F) shared use mobility providers;
(G) intelligent transportation system professionals; and
(H) additional private sector technology professionals, as
appropriate;
(2) university transportation centers engaged in research
regarding urban mobility and shared use mobility;
(3) private companies that provide, promote, and operate
digital mobility technologies and information technologies;
and
(4) other entities that the Secretary determines could
contribute to the development of the report.
______
SA 2403. Mr. WARNER (for himself and Mr. Kaine) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
Beginning on page 15, strike line 11 and all that follows
through page 16, line 6, and insert the following:
(I) $370,000,000 for fiscal year 2016;
(II) $377,000,000 for fiscal year 2017;
(III) $385,000,000 for fiscal year 2018;
(IV) $393,000,000 for fiscal year 2019;
(V) $400,860,000 for fiscal year 2020; and
(VI) $408,877,000 for fiscal year 2021.
(ii) Allocation of funding.--Of the amount made available
for each fiscal year--
(I) $300,000,000 shall be distributed in the same
proportion that the Federal lands transportation program
funds were distributed among the Federal agencies in fiscal
year 2014;
(II) of the remaining amount--
(aa) 80 percent shall be--
(AA) allocated for the Department of the Interior; and
(BB) divided by the Secretary of the Interior among the
National Park Service, the Fish and Wildlife Service, the
Bureau of Land Management, and the Bureau of Reclamation;
(bb) 15 percent shall be allocated for the United States
Forest Service; and
(cc) 5 percent shall allocated for the United States Army
Corps of Engineers.
On page 16, between lines 19 and 20, insert the following:
(D) Nationally significant federal lands and tribal
projects program.--For the nationally significant Federal
lands and Tribal projects program under section 207 of title
23, United States Code, $150,000,000 for each of the fiscal
years 2016 through 2021.
On page 25, strike lines 6 through 11 and insert the
following:
(1) $43,291,500,000 for fiscal year 2016;
(2) $44,214,300,000 for fiscal year 2017;
(3) $45,202,100,000 for fiscal year 2018;
(4) $46,257,400,000 for fiscal year 2019;
(5) $47,383,560,000 for fiscal year 2020; and
(6) $48,536,777,000 for fiscal year 2021.
Beginning on page 104, strike line 6 and all that follows
through page 107, line 13, and insert the following:
SEC. 11205. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECT PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 206 the following:
``Sec. 207. Nationally significant Federal lands and tribal
project 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 needed 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
[[Page S5735]]
funds under sections 201, 202, 203, and 204 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 under
section 101), except that such facility is not required to be
included on an inventory described in section 202 or 203;
``(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, of not less than $25,000,000, with
priority consideration given to projects with an estimated
cost of not less than $50,000,000.
``(d) Eligible Activities.--
``(1) In general.--Subject to paragraph (2), an applicant
receiving funds under the Program may only use such funds for
construction, reconstruction, and rehabilitation activities,
unless such activities are directly related to a design-build
contract.
``(2) Ineligible activities.--An eligible applicant may not
use funds received under the Program for activities relating
to project design.
``(e) Applications.--Eligible applicants shall submit an
application to the Secretary 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 those received under
the Program to construct, maintain, and operate the facility;
``(8) spans 2 or more States; and
``(9) serves lands owned by multiple Federal agencies or
Indian tribes.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of title 23, United States Code, is amended by inserting
after the item relating to section 206 the following:
``207. Nationally significant Federal lands and tribal project
program.''.
(c) Conforming Amendments.--
(1) Availability of funds.--Section 201(b) of title 23,
United States Code, is amended--
(A) in paragraph (1), by inserting ``the nationally
significant Federal lands and tribal projects program,''
after ``Federal lands transportation program,'';
(B) in paragraph (4)(A), by inserting ``the nationally
significant Federal lands and tribal projects program,''
after ``Federal lands transportation program,''; and
(C) in paragraph (7), by adding at the end the following:
``(C) Nationally significant federal lands and tribal
projects program.--The Federal share of the cost of a project
carried out under the nationally significant Federal lands
and tribal projects program established under section 207 may
be up to 100 percent.''.
(2) Planning.--Section 201(c)(3) of such title is amended
by inserting ``nationally significant Federal lands and
tribal projects program'' after ``Federal lands
transportation program,'' the first time such phrase appears.
On page 107, line 15, strike ``Section 201(c)'' and insert
the following:
(a) In General.--Section 201(c)
On page 109, line 14, strike the end quote and final period
and insert the following:
``(C) Eligible entities.--Amounts described in subparagraph
(A) may be used by--
``(i) the Bureau of Land Management;
``(ii) the Bureau of Reclamation;
``(iii) the Military Surface Deployment and Distribution
Command;
``(iv) the National Park Service;
``(v) the Tennessee Valley Authority;
``(vi) the United States Air Force;
``(vii) the United States Army;
``(viii) the United States Army Corps of Engineers;
``(ix) the United States Fish and Wildlife Service;
``(x) the United States Forest Service; and
``(xi) the United States Navy.
``(D) Special rule.--Notwithstanding subparagraphs (A)
through (C), a Federal land management agency receiving funds
to carry out section 203 may use amounts authorized to carry
out that section to meet the requirements under this
subsection.''.
(b) Coordination.--Section 201 of such title is amended by
adding at the end the following:
``(f) Federal Lands Transportation Executive Council.--
``(1) In general.--The Secretary shall periodically convene
a Federal Lands Transportation Executive Council, which--
``(A) shall be composed of the heads of the appropriate
Federal land management agencies or their designees; and
``(B) shall be chaired by the Secretary or the Secretary's
designee.
``(2) Purpose.--The purpose of the Federal Lands
Transportation Executive Council shall be to consult on
interdepartmental data standardization, technology
integration, and interdepartmental consistency.''.
On page 110, line 15, strike ``and''.
On page 110, line 18, strike the period at the end and
insert ``; and''.
On page 110, between lines 18 and 19, insert the following:
(4) by striking subsection (d).
______
SA 2404. Mr. WARNER (for himself and Mr. Kaine) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
On page 333, between lines 6 and 7, insert the following:
(A) in paragraph (1), by inserting ``, including a high-
occupancy vehicle (HOV) lane facility or a high-occupancy
toll (HOT) lane facility that public transportation and high-
occupancy vehicles are permitted to use toll-free'' before
the period at the end;
On page 333, line 7, strike ``(A)'' and insert ``(B)''.
On page 333, line 11, strike ``(B)'' and insert ``(C)''.
______
SA 2405. Mr. WARNER (for himself, Ms. Mikulski, Mr. Kaine, and Mr.
Cardin) submitted an amendment intended to be proposed by him to the
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; which was ordered to
lie on the table; as follows:
Beginning on page 324, strike line 24 and all that follows
through page 326, line 11, and insert the following:
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting after subparagraph (C) the following:
``(D) to the extent that the Secretary determines
appropriate, minimum safety standards for rail fixed guideway
public transportation systems relating to--
``(i) written emergency plans and procedures for passenger
evacuations, and training programs to ensure public
transportation personnel compliance and readiness;
``(ii) emergency preparedness training, drill, and
familiarization programs for first responders with
jurisdiction over a rail fixed guideway public transportation
system, including quarterly field exercises;
``(iii) maintenance, testing, and inspection programs to
ensure the proper functioning of tunnel, station, and vehicle
ventilation systems;
``(iv) coordination with local emergency responders having
jurisdiction over a rail fixed guideway public transportation
system to ensure effective radio and public safety
communications;
``(v) initial and recurring training for roadway workers in
hazard recognition and mitigation;
``(vi) implementation of transmission-based train control
systems;
``(vii) maintenance, testing, and inspection programs for
signal and train control systems, track, mechanical systems,
and operations;
``(viii) minimum safety standards for signals, track, and
on-track equipment;
``(ix) certification requirements for train and bus
operators and control center employees; and
``(x) medical and fitness-for-duty criteria for train and
bus operators and control center employees; and''; and
(B) by adding at the end the following:
``(3) Minimum safety standards considerations.--In
determining appropriate minimum safety standards under
paragraph (2)(D), the Secretary shall consider standards
that--
``(A) are not related to performance standards for public
transportation vehicles developed under paragraph (2)(C); and
``(B) 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;
[[Page S5736]]
``(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.'';
(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)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``an eligible State, as defined in
subsection (e),'' and inserting ``a recipient''; and
(B) by adding at the end the following:
``(3) Emergency authority.--
``(A) Definition.--In this paragraph, the term `emergency
order' means an order issued by the Secretary under
subparagraph (B).
``(B) Emergency orders.--If, through inspections,
investigations, audits, examinations, or testing carried out
under this section, the Secretary determines that an unsafe
condition, unsafe practice, or combination of unsafe
conditions and unsafe practices is causing an emergency
situation involving a risk of death, personal injury, or
significant harm to the environment, the Secretary may
immediately, without regard to section 553 or 554 of title 5,
issue an order imposing any restriction or prohibition that
is necessary to abate the emergency situation.
``(C) Conditions or practices creating emergency
situation.--
``(i) In general.--An emergency order shall describe--
``(I) the condition, practice, or combination of conditions
and practices that is causing the emergency situation; and
``(II) the standards and procedures for obtaining relief
from the order.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to affect the authority of the Secretary under
this paragraph to maintain an emergency order in effect for
as long as the Secretary determines that the emergency
situation exists.''; and
Beginning on page 328, strike line 3 and all that follows
through page 332, line 13, and insert the following:
(b) Appointment of Directors of the Washington Metropolitan
Area Transit Authority.--
(1) Definitions.--In this subsection--
(A) the term ``Compact'' means the Washington Metropolitan
Area Transit Authority Compact (Public Law 89-774; 80 Stat
1324);
(B) the term ``Federal Director'' means--
(i) a voting member of the Board of Directors of the
Transit Authority who represents the Federal Government; and
(ii) a nonvoting member of the Board of Directors of the
Transit Authority who serves as an alternate for a member
described in clause (i); and
(C) the term ``Transit Authority'' means the Washington
Metropolitan Area Transit Authority established under Article
III of the Compact.
(2) Appointment by secretary.--
(A) In general.--For any appointment made on or after the
date of enactment of this Act, the Secretary shall have sole
authority to appoint Federal Directors to the Board of
Directors of the Transit Authority.
(B) Amendment to compact.--The signatory parties to the
Compact shall amend the Compact as necessary in accordance
with subparagraph (A).
______
SA 2406. Mr. LEAHY (for himself, Mr. Booker, and Mr. Coons) submitted
an amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
At the end of title LXII of division F, add the following:
SEC. 62002. PERMANENT AUTHORIZATION AND FULL FUNDING OF THE
LAND AND WATER CONSERVATION FUND.
(a) Authorization.--Section 200302 of title 54, United
States Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30,
2015, there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2015''.
(b) Full Funding.--
(1) In general.--Section 200303 of title 54, United States
Code, is amended to read as follows:
``SEC. 200303. AVAILABILITY OF FUNDS.
``Amounts deposited in the Fund under section 200302 shall
be made available for expenditure, without further
appropriation or fiscal year limitation, to carry out the
purposes of the Fund (including accounts and programs made
available from the Fund).''.
(2) Clerical amendment.--The table of sections affected for
title 54 is amended by striking the item relating to section
200303 and inserting the following:
``200303. Availability of funds.''.
______
SA 2407. Mr. SCHATZ (for himself, Mr. Markey, Mr. Udall, Mr. Merkley,
and Mr. Franken) submitted an amendment intended to be proposed by him
to the 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; which was ordered to
lie on the table; as follows:
On page 592, between lines 15 and 16, insert the following:
PART IV--SAFE STREETS
SEC. 34441. SHORT TITLE.
This part may be cited as the ``Safe Streets Act of 2015''.
SEC. 34442. DEFINITIONS.
In this part:
(1) Complete street.--The term ``complete street'' means a
roadway that safely accommodates all travelers, particularly
public transit users, bicyclists, pedestrians (including
individuals of all ages and individuals with mobility,
sensory, neurological, or hidden disabilities), motorists and
freight vehicles, to enable all travelers to use the roadway
safely and efficiently.
(2) Complete streets policy; complete streets principle.--
The terms ``complete streets policy'' and ``complete streets
principle'' mean a transportation law, policy, or principle
at the local, State, regional, or Federal level that
ensures--
(A) the safe and adequate accommodation, in all phases of
project planning and development, of all users of the
transportation system, including pedestrians, bicyclists,
public transit users, children, older individuals,
individuals with disabilities, motorists, and freight
vehicles; and
(B) the consideration of the safety and convenience of all
users in all phases of project planning and development.
(3) Local jurisdiction.--The term ``local jurisdiction''
means any unit of local government.
(4) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
the term in section 134(b) of title 23, United States Code.
(5) Roadway.--The term ``roadway'' means--
(A) the defined Federal functional classification roadway
system; and
(B) each bridge structure providing a connection for such a
roadway system.
(6) Senior manager.--The term ``senior manager'' means--
(A) the director of a State department of transportation
(or a designee);
(B) the director of a metropolitan planning organization
(or a designee); and
(C) the director of a regional, county, or city
transportation agency that is primarily responsible for
planning and approval of transportation projects (or a
designee).
(7) Transportation improvement program.--The term
``transportation improvement program'' has the meaning given
the term ``TIP'' in section 134(b) of title 23, United States
Code.
SEC. 34443. COMPLETE STREETS POLICY.
(a) Law or Policy.--Not later than October 1 of the fiscal
year that begins 2 years after the date of the enactment of
this Act each State and metropolitan planning organization
shall have in effect--
(1) in the case of a State--
(A) a law requiring that, beginning on the effective date
of the State law, all transportation projects in the State
shall accommodate the safety and convenience of all users in
accordance with complete streets principles; or
(B) an explicit State department of transportation policy
that, beginning on the effective date of the policy, all
transportation projects in the State shall accommodate the
safety and convenience of all users in accordance with
complete streets principles; and
(2) in the case of a metropolitan planning organization, an
explicit statement of policy that, beginning on the effective
date of the policy, all transportation projects under the
jurisdiction of the metropolitan planning organization shall
accommodate the safety and convenience of all users in
accordance with complete streets principles.
(b) Inclusions.--
(1) In general.--A law or policy described in subsection
(a) shall--
(A) apply to each federally funded project of each State
department of transportation or metropolitan planning
organization transportation improvement program;
(B) include a statement that each project under the
transportation improvement program makes streets or affected
rights-of-way accessible to the expected users of that
facility, of all ages and abilities, including pedestrians,
bicyclists, transit vehicles and users, freight vehicles, and
motorists;
(C) except as provided in paragraph (2), apply to new road
construction and road modification projects, including
design, planning, construction, reconstruction,
rehabilitation, maintenance, and operations, for the entire
right-of-way;
(D) indicate that improvements for the safe and convenient
travel by pedestrians or bicyclists of all ages and abilities
on or across streets shall be fully assessed, considered, and
documented as a routine element of pavement resurfacing
projects;
[[Page S5737]]
(E) delineate a clear procedure by which transportation
improvement projects may be exempted from complying with
complete streets principles, which shall require--
(i) approval by the appropriate senior manager, in
accordance with subsection (d)(2); and
(ii) documentation, with supporting data, that indicates
the basis for such an exemption;
(F) comply with up-to-date design standards, particularly
standards relating to providing access for individuals with
disabilities;
(G) require that complete streets principles be applied in
due consideration of the urban, suburban, or rural context in
which a project is located;
(H) include a list of performance standards with measurable
outcomes to ensure that the transportation improvement
program adheres to complete streets principles; and
(I) direct agency staff to create an implementation plan.
(2) Exception.--A law or policy described in subsection (a)
shall not apply to a new road construction or modification
project for which, as of the effective date of the law or
policy, at least 30 percent of the design phase is completed.
(c) Exemption Requirements and Procedures.--A law or policy
described in subsection (a) shall allow for a project-
specific exemption from an applicable complete streets policy
if--
(1)(A) an affected roadway prohibits, by law, use of the
roadway by specified users, in which case a greater effort
shall be made to accommodate those specified users elsewhere,
including on roadways that cross or otherwise intersect with
the affected roadway;
(B) the cost to the exempted project in achieving
compliance with the applicable complete streets policy would
be excessively disproportionate (as defined in the 2001
Department of Transportation Guidance on Accommodating
Bicycle and Pedestrian Travel), as compared to the need or
probable use of a particular complete street; or
(C) the existing and planned population, employment
densities, traffic volumes, or level of transit service
around a particular roadway is so low, that the expected
users of the roadway will not include pedestrians, public
transportation, freight vehicles, or bicyclists; and
(2) the project-specific exemption is approved by--
(A) a senior manager of the metropolitan planning
organization that approved the transportation improvement
program containing the exempted project;
(B) a senior manager of the relevant State department of
transportation; or
(C) in the case of a project for which neither the
metropolitan planning organization nor the State department
of transportation is the agency with primary transportation
planning authority, a senior manager of the regional, county,
or city agency responsible for planning and approval of the
project.
(d) Integration.--Each State department of transportation
and metropolitan planning organization implementing a
complete streets policy shall incorporate complete streets
principles into all aspects of the transportation project
development, programming, and delivery process, including
project planning and identification, scoping procedures,
design approvals, design manuals, and performance measures.
(e) Reports.--
(1) In general.--Each State department of transportation
shall submit to the Secretary a report describing the
implementation by the State of measures to achieve compliance
with the requirements under this section, at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Determination by secretary.--On receipt of a report
under paragraph (1), the Secretary shall determine whether
the applicable State has achieved compliance with the
requirements under this section.
SEC. 34444. CERTIFICATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
method of evaluating compliance by State departments of
transportation and metropolitan planning organizations with
the requirements of this part, including a requirement that
each State department of transportation and metropolitan
planning organization shall submit a report to the Secretary
that describes--
(1) each complete streets policy adopted by the State
department of transportation or metropolitan planning
organization;
(2) the means of implementation by the State department of
transportation or metropolitan planning organization of the
complete streets policy; and
(3) the process for providing an exemption, from the
requirements of the complete streets policy of the State
department of transportation or metropolitan planning
organization.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress that describes--
(1) the method established under subsection (a);
(2) the status of activities for adoption and
implementation by State departments of transportation and
metropolitan planning organizations of complete streets
policies;
(3) the tools and resources provided by the Secretary to
State departments of transportation and metropolitan planning
organizations to assist with that adoption and
implementation; and
(4) other measures carried out by the Secretary to
encourage the adoption of complete streets policies by local
jurisdictions.
SEC. 34445. ACCESSIBILITY STANDARDS.
(a) Final Standards.--Not later than 1 year after the date
of the enactment of this Act, the Architectural and
Transportation Barriers Compliance Board established under
section 502(a)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 792(a)(1)) shall promulgate final standards for
accessibility of new construction and alteration of
pedestrian facilities for public rights-of-way.
(b) Temporary Standards.--During the period beginning on
the date of enactment of this Act and ending on the date on
which the Architectural and Transportation Barriers
Compliance Board promulgates final standards under subsection
(a), a State or metropolitan planning organization shall
apply to public rights-of-way--
(1) the proposed Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way of the Architectural
and Transportation Barriers Compliance Board dated July 26,
2011, and supplemented on February 13, 2013; or
(2) if the standards referred to in paragraph (1) do not
address, or are inapplicable to, an affected public right-of-
way, the revised draft guidelines for accessible public
rights-of-way of the Architectural and Transportation
Barriers Compliance Board dated November 23, 2005.
SEC. 34446. RESEARCH, TECHNICAL GUIDANCE, AND IMPLEMENTATION
ASSISTANCE.
(a) Research.--
(1) In general.--The Secretary shall conduct research
regarding complete streets to assist States, metropolitan
planning organizations, and local jurisdictions in
developing, adopting, and implementing plans, projects,
procedures, policies, and training programs that comply with
complete streets principles.
(2) Participation.--The Secretary shall solicit
participation in the research program under paragraph (1)
by--
(A) the American Association of State Highway and
Transportation Officials;
(B) the Institute of Transportation Engineers;
(C) the American Public Transportation Association;
(D) the American Planning Association;
(E) the National Association of Regional Councils;
(F) the Association of Metropolitan Planning Organizations;
(G) the Insurance Institute for Highway Safety;
(H) the American Society of Landscape Architects;
(I) representatives of transportation safety, disability,
motoring, bicycling, walking, transit user, aging, and air
quality organizations; and
(J) other affected communities.
(3) Requirements.--The research under paragraph (1) shall--
(A) be based on the applicable statement of complete
streets research needs of the Transportation Research Board,
as described in TR Circular E110; and
(B) seek to develop new areas of inquiry, in addition to
that statement.
(b) Benchmarks and Guidance.--
(1) In general.--The research conducted under subsection
(a) shall be designed to result in the establishment of
benchmarks and the provision of practical guidance on methods
of effectively implementing complete streets policies and
complete streets principles that will accommodate all users
along a facility or corridor, including vehicles,
pedestrians, bicyclists, and transit users.
(2) Focus.--The benchmarks and guidance under paragraph (1)
shall--
(A) focus on modifying scoping, design, and construction
procedures to more effectively combine particular methods of
use into integrated facilities that meet the needs of each
method in an appropriate balance; and
(B) indicate the expected operational and safety
performance of alternative approaches to facility design.
(c) Data Collection.--The Secretary shall collaborate with
the Bureau of Transportation Statistics, the Federal Transit
Administration, and appropriate committees of the
Transportation Research Board--
(1) to collect data regarding a baseline nonmotorized and
transit use survey to be integrated into the National
Household Travel Survey; and
(2) to develop a survey tool for use by State departments
of transportation in identifying the multimodal capacity of
State and local roadways.
(d) Technical Guidance.--
(1) Report.--Not later than 15 months after the date of the
enactment of this Act, the Secretary shall prepare and make
available, to all States, metropolitan planning
organizations, and local jurisdictions, a report that
describes the best practices by which transportation agencies
throughout the United States have implemented complete
streets principles in accordance with, or in anticipation of,
the requirements of this part.
(2) Topics for emphasis.--In preparing the report under
paragraph (1), the Secretary shall place particular emphasis
on--
(A) procedures for identifying the needs of users of all
ages and abilities of a particular roadway;
[[Page S5738]]
(B) procedures for identifying the types and designs of
facilities needed to serve each class of users;
(C) safety and other benefits provided by the
implementation of complete streets principles;
(D) common barriers to the implementation of complete
streets principles;
(E) procedures for overcoming the most common barriers to
the implementation of complete streets principles;
(F) procedures for identifying the costs associated with
the implementation of complete streets principles;
(G) procedures for maximizing local cooperation in the
introduction and implementation of complete streets
principles; and
(H) procedures for assessing and modifying the facilities
and operational characteristics of existing roadways to
improve consistency with complete streets principles.
______
SA 2408. Mr. SCHATZ (for himself and Mr. Heller) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
On page 210, line 19, strike ``and'' at the end and all
that follows through line 21, and insert the following:
(2) in subsection (f), by inserting ``pedestrian
walkways,'' after ``bikeways,''; and
(3) by adding at the end the following:
``(s) Safety for Motorized and Nonmotorized Users.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall
establish standards to ensure that the design of Federal
surface transportation projects provides for the safe and
adequate accommodation (as determined by the State or other
direct recipient of funds), in all phases of project
planning, development, and operation, of all users of the
transportation network, including motorized and nonmotorized
users.
``(2) Waiver for state law or policy.--The Secretary may
waive the application of standards established under
paragraph (1) to a State that has adopted a law or policy
that provides for the safe and adequate accommodation (as
determined by the State or other direct recipient of funds),
in all phases of project planning and development, of users
of the transportation network on federally funded surface
transportation projects.
``(3) Compliance.--
``(A) In general.--Each State department of transportation
shall submit a report to the Secretary, at such time, in such
manner, and containing such information as the Secretary
shall require, that describes measures implemented by the
State to comply with this subsection.
``(B) Determination by secretary.--Upon the receipt of a
report from a State under subparagraph (A), the Secretary
shall determine whether the State is in compliance with this
section.''.
______
SA 2409. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the 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; which was ordered to
lie on the table; as follows:
On page 545, between lines 12 and 13, insert the following:
SEC. 34108. COMPREHENSIVE SAFETY POLICY GRANTS.
(a) Definitions.--In this section:
(1) Comprehensive safety policy.--The term ``comprehensive
safety policy'' means a policy that--
(A) safeguards the lives of all road users, including
pedestrians and bicyclists, through improvements such as--
(i) safety investments on the ground;
(ii) enforcement policies;
(iii) traffic safety education; and
(iv) legislative action with the goal of eliminating
pedestrian and bicycle traffic fatalities;
(B) should be drafted with entities with jurisdiction over
infrastructure, planning, and enforcement; and
(C) may include a vision zero action plan.
(2) Eligible entity.--The term ``eligible entity'' means a
unit of local government, including a city, town, township,
borough, county, parish, district, village, or other
political subdivision of a State.
(3) Vision zero action plan.--The term ``vision zero action
plan'' is a plan that--
(A) describes in detail the eligible entity's proposed
actions to significantly reduce or eliminate traffic-related
injuries and fatalities by a set target date; and
(B) outlines a program of projects, include education and
enforcement components, designed to achieve the goal
described in subparagraph (A); and
(C) could be jointly developed by a multi-agency
partnership, involving entities with jurisdiction over
infrastructure, planning, and enforcement.
(b) Pilot Program.--
(1) Incentive grants.--The Secretary shall establish a
pilot program through which the Secretary may award up to 5
grants, for each of the fiscal years 2016 through 2021, to
eligible entities that have adopted a comprehensive safety
policy.
(2) Eligible activities.--An eligible entity may use grant
funding received under this subsection to carry out
activities and safety projects designed to implement the
elements of its comprehensive safety policy, including
infrastructure safety improvements, communications, education
programs, and enforcement activities, if such activities and
projects are eligible for Federal funding under section 148
or 402 of title 23, United States Code.
(3) Selection criteria.--In awarding grants under paragraph
(1), the Secretary shall give priority to eligible entities
that--
(A) provided an opportunity for public input in the
development of the comprehensive safety policy;
(B) considered existing plans and planning processes in the
drafting of the comprehensive safety policy;
(C) structured the comprehensive safety policy to meet the
performance measures and standards established pursuant to
section 150(c) of title 23, United States Code;
(D) demonstrate broad community support for the
comprehensive safety policy, including the commitment of
community leaders to successfully implement the plan; and
(E) demonstrate the availability of Federal, State, or
local government funding, in addition to the grant funds
authorized under this subsection, to finance the
implementation of the comprehensive safety policy.
(4) Funding limitations.--
(A) In general.--Except as provided under subparagraph (B),
the Federal share of the cost of a project or activity
carried out using grant funds authorized under this
subsection may not exceed 80 percent.
(B) Funds from other federal sources.--Amounts made
available to an eligible entity under another Federal program
may be credited toward the non-Federal share of the cost of a
project or activity described in subparagraph (A), at the
option of the eligible entity.
(c) Funding.--The Secretary is authorized to allocate up to
1 percent of the amount apportioned for the highway safety
improvement program under section 104(b)(3) of title 23,
United States Code, to carry out the pilot program authorized
under subsection (b).
______
SA 2410. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the 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; which was ordered to
lie on the table; as follows:
On page 170, after line 24, insert the following:
SEC. 11210. PROJECT ADMINISTRATION ACCELERATION PILOT
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall carry out a project
acceleration pilot program (referred to in this section as
the ``program'') to allow States to test the ability of local
governments by assigning to the local governments the
administrative responsibilities of direct recipients of
Federal-aid highway funding.
(2) Assumption of responsibility.--
(A) In general.--Subject to the requirements of this
section, a State may assign, and a local government may
assume, the responsibilities of the State with respect to 1
or more highway projects within the jurisdiction of the local
government that are selected for Federal-aid funding through
the transportation planning process in sections 134 and 135
of title 23, United States Code, on the condition that the
responsibilities shall not include any responsibility
assigned to a State under section 326 or 327 of that title.
(B) Written agreement.--An assignment and assumption of
responsibility under subparagraph (A) shall require the
written agreement of the Secretary, the local government, and
the State in which the local government is located, in such
form and including such information and terms as the
Secretary may prescribe.
(C) Procedural, legal, and substantive requirements.--A
local government selected for participation under the program
shall assume responsibility under this section for compliance
with all procedural and substantive requirements that would
apply if that responsibility were carried out by the State,
including requirements related to reporting, right-of-way
acquisition, environment, engineering, civil rights, design
and inspection, procurement, construction administration,
financial administration, performance management, and all
other applicable requirements, unless the local government or
the Secretary determines that assumption of responsibility
for 1 or more of the procedural or substantive requirements
is not appropriate.
(D) Applicability.--Nothing in this section waives or
modifies any requirements or
[[Page S5739]]
provisions applicable to Federal-aid programs or projects,
including the apportionment of funds, suballocation of funds,
and selection of projects.
(b) Participation.--
(1) Number of participating local governments.--The
Secretary shall allow up to 5 local governments to
participate in the program.
(2) Eligibility.--To be eligible for participation in the
program, a local government shall--
(A) have a population of 500,000 or more, according to the
most recent available data from the Bureau of the Census;
(B) demonstrate to the satisfaction of the Secretary that
the local government has the necessary organizational
structure, agreements, processes, controls, and staff to
ensure that project development and delivery meets all
applicable Federal requirements; and
(C) certify that the local government has in place the
necessary financial management systems and processes to carry
out cost accounting, billing, certifications, improper
payments review, recordkeeping, audits, and related
requirements consistent with government-wide requirements
described in sections 200.302 and 200.303 of title 2, Code of
Federal Regulations (or successor regulations).
(3) Application process.--The Secretary shall establish
application requirements for participation in the program.
(4) Selection criteria.--The Secretary may approve an
application under this section if the Secretary determines
the local government meets the requirements of this section
and any other requirement that the Secretary may prescribe,
including any requirement for a pre-audit associated with the
financial management and internal controls of the local
government, necessary to provide reasonable assurance that
the recipient will comply with applicable Federal
requirements.
(c) Oversight.--
(1) Written agreement.--A written agreement under this
section shall--
(A) have an initial term of not more than 5 years; and
(B) require the local government to provide to the
Secretary any information the Secretary considers necessary
to ensure that the local government is carrying out the
requirements of this section.
(2) Audit.--
(A) In general.--To ensure compliance by a local government
participating in the program, the Secretary shall conduct
annual audits during each year of the program.
(B) No limitations.--Subparagraph (A) does not limit the
authority of the Secretary to carry out other oversight
activities relating to the program or to projects or other
activities carried out under the program.
(3) Report to congress.--The Secretary shall submit to
Congress an annual report that describes the administration
of the program, including results of the audits described in
paragraph (2).
(4) Extension.--On request of a participating local
government, the Secretary may extend the participation of the
local government in the program for up to an additional 10
years through an extension of the initial written agreement,
based on a review finding that the local government--
(A) met all requirements of the program; and
(B) ensured timely delivery of projects and proper fiscal
control of Federal funds.
(d) Funding.--Funds for the projects for which local
oversight has been approved shall be--
(1) deducted from the amounts apportioned for appropriate
programs to the State in which the local government is
located; and
(2) transferred to the local government.
(e) Administrative Expenses.--
(1) In general.--On October 1 of each fiscal year for the
duration of the program, the Secretary may set aside up to
$5,000,000 of the funds authorized to be appropriated under
section 1001(a)(1) to carry out this section.
(2) Use of funds.--The Secretary shall use funds set aside
under paragraph (1) for the Federal Highway Administration to
provide oversight of the additional entities.
(f) Termination by Secretary.--The Secretary may terminate
the participation of a local government in the program if--
(1) the Secretary determines that the local government is
not adequately carrying out the responsibilities assumed by
the local government under the program;
(2) the Secretary provides to the local government--
(A) notification of the determination of noncompliance; and
(B) a period of at least 30 days during which to take such
corrective action as the Secretary determines is necessary to
comply with the applicable written agreement; and
(3) the local government, after the notification provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by the Secretary.
______
SA 2411. Mr. REED (for himself, Mr. Carper, Mr. Brown, Ms. Warren,
and Mr. Menendez) submitted an amendment intended to be proposed by him
to the 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; which was ordered to
lie on the table; as follows:
On page 906, strike lines 19 to 23 and insert the
following:
``(A) to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund, $19,400,000,000 for
each of fiscal years 2016 through 2021, and
``(B) to the Mass Transit Account in the Highway Trust
Fund, $14,300,000,000 for each of fiscal years 2016 through
2021.
______
SA 2412. Mr. REED (for himself, Ms. Warren, and Mr. Brown) submitted
an amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
At the end of division E, insert the following:
TITLE LIII--ADDITIONAL FUNDING
SEC. 53301. INCREASE IN FUNDING FOR HIGHWAY TRUST FUND.
(a) In General.--Section 9503(f)(7) of the Internal Revenue
Code of 1986, as added by section 52101, is further amended--
(1) by striking ``$34,600,000,000'' in subparagraph (A) and
inserting ``$78,840,000,000'', and
(2) by striking ``$11,015,000,000'' in subparagraph (B) and
inserting ``$22,075,000,000''.
(b) Offset.--
(1) Application of denial of deduction for excessive
remuneration to all current and former employees.--
(A) In general.--Section 162(m) of the Internal Revenue
Code of 1986 is amended--
(i) by striking ``covered employee'' each place it appears
in paragraphs (1) and (4) and inserting ``covered
individual'', and
(ii) by striking ``such employee'' each place it appears in
subparagraphs (A) and (G) of paragraph (4) and inserting
``such individual''.
(B) Covered individual.--Paragraph (3) of section 162(m) of
such Code is amended to read as follows:
``(3) Covered individual.--For purposes of this subsection,
the term `covered individual' means any individual who is an
officer, director, or employee of the taxpayer or a former
officer, director, or employee of the taxpayer.''.
(C) Conforming amendments.--
(i) Section 48D(b)(3)(A) of such Code is amended by
inserting ``(as in effect for taxable years beginning before
January 1, 2015)'' after ``section 162(m)(3)''.
(ii) Section 409A(b)(3)(D)(ii) of such Code is amended by
inserting ``(as in effect for taxable years beginning before
January 1, 2015)'' after ``section 162(m)(3)''.
(2) Expansion of applicable employee remuneration.--
(A) Elimination of exception for commission-based pay.--
(i) In general.--Paragraph (4) of section 162(m) of the
Internal Revenue Code of 1986, as amended by paragraph (1),
is amended by striking subparagraph (B) and by redesignating
subparagraphs (C) through (G) as subparagraphs (B) through
(F), respectively.
(ii) Conforming amendments.--
(I) Section 162(m)(5) of such Code is amended--
(aa) by striking ``subparagraphs (B), (C), and (D)
thereof'' in subparagraph (E) and inserting ``subparagraphs
(B) and (C) thereof'', and
(bb) by striking ``subparagraphs (F) and (G)'' in
subparagraph (G) and inserting ``subparagraphs (E) and (F)''.
(II) Section 162(m)(6) of such Code is amended--
(aa) by striking ``subparagraphs (B), (C), and (D)
thereof'' in subparagraph (D) and inserting ``subparagraphs
(B) and (C) thereof'', and
(bb) by striking ``subparagraphs (F) and (G)'' in
subparagraph (G) and inserting ``subparagraphs (E) and (F)''.
(B) Inclusion of performance-based compensation.--
(i) In general.--Paragraph (4) of section 162(m) of the
Internal Revenue Code of 1986, as amended by paragraph (1)
and subparagraph (A) of this paragraph, is amended by
striking subparagraph (B) and redesignating subparagraphs (C)
through (F) as subparagraphs (B) through (E), respectively.
(ii) Conforming amendments.--
(I) Section 162(m)(5) of such Code, as amended by
subparagraph (A), is amended--
(aa) by striking ``subparagraphs (B) and (C) thereof'' in
subparagraph (E) and inserting ``subparagraph (B) thereof'',
and
(bb) by striking ``subparagraphs (E) and (F)'' in
subparagraph (G) and inserting ``subparagraphs (D) and (E)''.
(II) Section 162(m)(6) of such Code, as amended by
subparagraph (A), is amended--
(aa) by striking ``subparagraphs (B) and (C) thereof'' in
subparagraph (D) and inserting ``subparagraph (B) thereof'',
and
(bb) by striking ``subparagraphs (E) and (F)'' in
subparagraph (G) and inserting ``subparagraphs (D) and (E)''.
[[Page S5740]]
(3) Expansion of applicable employer.--Paragraph (2) of
section 162(m) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(2) Publicly held corporation.--For purposes of this
subsection, the term `publicly held corporation' means any
corporation which is an issuer (as defined in section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c))--
``(A) the securities of which are registered under section
12 of such Act (15 U.S.C. 78l), or
``(B) that is required to file reports under section 15(d)
of such Act (15 U.S.C. 780(d)).''.
(4) Regulatory authority.--
(A) In general.--Section 162(m) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(7) Regulations.--The Secretary may prescribe such
guidance, rules, or regulations, including with respect to
reporting, as are necessary to carry out the purposes of this
subsection.''.
(B) Conforming amendment.--Paragraph (6) of section 162(m)
of such Code is amended by striking subparagraph (H).
(5) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2015.
______
SA 2413. Mr. REED (for himself and Mr. Brown) submitted an amendment
intended to be proposed by him to the 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;
which was ordered to lie on the table; as follows:
Strike title LII and insert the following:
TITLE LII--OFFSETS
SEC. 52101. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN
EXCESSIVE EMPLOYEE REMUNERATION.
(a) Application to All Current and Former Employees.--
(1) In general.--Section 162(m) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``covered employee'' each place it appears
in paragraphs (1) and (4) and inserting ``covered
individual'', and
(B) by striking ``such employee'' each place it appears in
subparagraphs (A) and (G) of paragraph (4) and inserting
``such individual''.
(2) Covered individual.--Paragraph (3) of section 162(m) of
such Code is amended to read as follows:
``(3) Covered individual.--For purposes of this subsection,
the term `covered individual' means any individual who is an
officer, director, or employee of the taxpayer or a former
officer, director, or employee of the taxpayer.''.
(3) Conforming amendments.--
(A) Section 48D(b)(3)(A) of such Code is amended by
inserting ``(as in effect for taxable years beginning before
January 1, 2015)'' after ``section 162(m)(3)''.
(B) Section 409A(b)(3)(D)(ii) of such Code is amended by
inserting ``(as in effect for taxable years beginning before
January 1, 2015)'' after ``section 162(m)(3)''.
(b) Expansion of Applicable Employee Remuneration.--
(1) Elimination of exception for commission-based pay.--
(A) In general.--Paragraph (4) of section 162(m) of such
Code, as amended by subsection (a), is amended by striking
subparagraph (B) and by redesignating subparagraphs (C)
through (G) as subparagraphs (B) through (F), respectively.
(B) Conforming amendments.--
(i) Section 162(m)(5) of such Code is amended--
(I) by striking ``subparagraphs (B), (C), and (D) thereof''
in subparagraph (E) and inserting ``subparagraphs (B) and (C)
thereof'', and
(II) by striking ``subparagraphs (F) and (G)'' in
subparagraph (G) and inserting ``subparagraphs (E) and (F)''.
(ii) Section 162(m)(6) of such Code is amended--
(I) by striking ``subparagraphs (B), (C), and (D) thereof''
in subparagraph (D) and inserting ``subparagraphs (B) and (C)
thereof'', and
(II) by striking ``subparagraphs (F) and (G)'' in
subparagraph (G) and inserting ``subparagraphs (E) and (F)''.
(2) Inclusion of performance-based compensation.--
(A) In general.--Paragraph (4) of section 162(m) of the
Internal Revenue Code of 1986, as amended by subsection (a)
and paragraph (1) of this subsection, is amended by striking
subparagraph (B) and redesignating subparagraphs (C) through
(F) as subparagraphs (B) through (E), respectively.
(B) Conforming amendments.--
(i) Section 162(m)(5) of such Code, as amended by paragraph
(1), is amended--
(I) by striking ``subparagraphs (B) and (C) thereof'' in
subparagraph (E) and inserting ``subparagraph (B) thereof'',
and
(II) by striking ``subparagraphs (E) and (F)'' in
subparagraph (G) and inserting ``subparagraphs (D) and (E)''.
(ii) Section 162(m)(6) of such Code, as amended by
paragraph (1), is amended--
(I) by striking ``subparagraphs (B) and (C) thereof'' in
subparagraph (D) and inserting ``subparagraph (B) thereof'',
and
(II) by striking ``subparagraphs (E) and (F)'' in
subparagraph (G) and inserting ``subparagraphs (D) and (E)''.
(c) Expansion of Applicable Employer.--Paragraph (2) of
section 162(m) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(2) Publicly held corporation.--For purposes of this
subsection, the term `publicly held corporation' means any
corporation which is an issuer (as defined in section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c))--
``(A) the securities of which are registered under section
12 of such Act (15 U.S.C. 78l), or
``(B) that is required to file reports under section 15(d)
of such Act (15 U.S.C. 780(d)).''.
(d) Regulatory Authority.--
(1) In general.--Section 162(m) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(7) Regulations.--The Secretary may prescribe such
guidance, rules, or regulations, including with respect to
reporting, as are necessary to carry out the purposes of this
subsection.''.
(2) Conforming amendment.--Paragraph (6) of section 162(m)
of such Code is amended by striking subparagraph (H).
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2015.
______
SA 2414. Mr. REED (for himself and Mr. Murphy) submitted an amendment
intended to be proposed by him to the 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;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. INCREASE IN DIESEL FUEL TAX FOR TRAINS; RAIL SAFETY
TECHNOLOGY GRANTS.
(a) Increase in Diesel Fuel Tax for Trains.--
(1) In general.--Section 4041(a)(1)(C)(ii) of the Internal
Revenue Code of 1986 is amended--
(A) in subclause (II), by striking ``and'' at the end, and
(B) by striking subclause (III) and inserting the following
new subclauses:
``(III) 0 cents per gallon after December 31, 2006, and
before January 1, 2016, and
``(IV) 4.3 cents per gallon after December 31, 2015.''.
(2) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2015.
(b) Establishment of Rail Transportation Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of subtitle I
of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 9512. RAIL TRANSPORTATION TRUST FUND.
``(a) Creation of Trust Fund.--There is hereby established
in the Treasury of the United States a trust fund to be known
as the `Rail Transportation Trust Fund', consisting of such
amounts as may be appropriated or credited to the Rail
Transportation Trust Fund in this section or section 9602(b).
``(b) Transfers to Rail Transportation Trust Fund.--There
are hereby appropriated to the Rail Transportation Trust Fund
amounts equivalent to the taxes received in the Treasury
under section 4041(a)(1)(C)(ii)(IV).
``(c) Expenditures From Rail Transportation Trust Fund.--
Amounts in the Rail Transportation Trust Fund shall be
available, as provided in appropriation Acts, only to the
Secretary of Transportation for awarding grants to projects
under sections 20158, 24407, and 24408 of title 49, United
States Code.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of subtitle I of such Code is
amended by adding at the end the following new item:
``Sec. 9512. Rail Transportation Trust Fund.''.
(3) Conforming amendment.--Section 20158 of title 49,
United States Code, is amended in subsection (c) by striking
``$50,000,000 for each of fiscal years 2009 through 2013''
and inserting ``such sums as may be necessary''.
(4) Additional amounts.--Any amounts made available
pursuant to section 9512(c) of the Internal Revenue Code of
1986 for awarding grants to projects under sections 24407 and
24408 of title 49, United States Code, as added by sections
35302 and 35421 of this Act, shall be in addition to amounts
authorized to be appropriated for such grants under section
35102 of this Act.
______
SA 2415. Mr. REED (for himself, Mr. Carper, and Mr. Menendez)
submitted an amendment intended to be proposed by him to the 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; which
[[Page S5741]]
was ordered to lie on the table; as follows:
On page 334, strike lines 6 through 23 and insert the
following:
``(1) In general.--
``(A) Amounts made available.--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--
``(i) $9,284,747,400 for fiscal year 2016;
``(ii) $9,480,039,349 for fiscal year 2017;
``(iii) $9,785,745,744 for fiscal year 2018;
``(iv) $10,201,051,238 for fiscal year 2019;
``(v) $10,451,763,806 for fiscal year 2020; and
``(vi) $10,709,442,533 for fiscal year 2021.
``(B) Allocation of funds for high density state
apportionments.--Of the amounts made available under
subparagraph (A), $100,000,000 for each of fiscal years 2016
through 2021 shall be allocated in accordance with section
5340(d).
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)(A)--
______
SA 2416. Mrs. MURRAY (for herself, Ms. Collins, Mr. Reed, Mr.
Cochran, Mr. Durbin, Mr. Shelby, Mr. Markey, Mr. Cassidy, Mr. Leahy,
Mr. Warner, Mr. Franken, Mr. Carper, Ms. Hirono, Mr. Coons, Mr. Udall,
Ms. Mikulski, Mr. Brown, Mr. Merkley, Mr. Schumer, Mr. Wyden, Mr.
Schatz, Ms. Warren, Ms. Cantwell, Mr. King, Mr. Murphy, and Mr.
Blumenthal) submitted an amendment intended to be proposed by her to
the 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; which was ordered to
lie on the table; as follows:
At the end of subtitle A of title XXXI, add the following:
SEC. 31108. NATIONAL INFRASTRUCTURE INVESTMENTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) an Indian tribe;
(C) the District of Columbia;
(D) a territory of the United States;
(E) a local government;
(F) a port authority;
(G) a metropolitan planning organization;
(H) a transit agency;
(I) another political subdivision of a State or local
government; and
(J) 2 or more of the entities described in subparagraphs
(A) through (I), working in collaboration.
(2) Eligible project.--
(A) In general.--The term ``eligible project'' means a
transportation project that, as determined by the Secretary,
would have a significant beneficial impact on a State, a
metropolitan area, a region, or the United States.
(B) Inclusions.--The term ``eligible project'' includes--
(i) a highway or bridge project eligible for funding under
chapter 1 of title 23, United States Code (including a
project related to bicycles or pedestrians);
(ii) a public transportation project eligible for funding
under chapter 53 of title 49, United States Code;
(iii) a passenger or freight rail transportation project;
(iv) a port infrastructure project; and
(v) an intermodal project.
(3) Eligible project costs.--
(A) In general.--The term ``eligible project costs'' means
costs relating to an eligible project, such as the costs of--
(i) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
(ii) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
related to the eligible project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
(iii) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
(B) Dredging activities.--The term ``eligible project
costs''--
(i) includes the costs of dredging activities that are part
of a berth reconstruction or rehabilitation project; and
(ii) does not include the costs of dredging activities that
are the responsibility of the Army Corps of Engineers.
(4) Rural area.--The term ``rural area'' means any area not
in an urbanized area (as that term is defined by the Census
Bureau).
(5) State.--The term ``State'' means--
(A) any of the 50 States; or
(B) the District of Columbia.
(6) Substantial completion.--The term ``substantial
completion'' means the opening of an eligible project to
vehicular or passenger traffic.
(b) National Infrastructure Investments Program.--
(1) Program.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, by regulation, shall
establish a program under which the Secretary shall award
competitive grants to eligible entities for use in carrying
out eligible projects.
(2) Grant requirements.--
(A) Amount.--Except as provided in subparagraph (E)(ii)(I),
a grant under this section shall be in an amount that is--
(i) not less than $10,000,000; and
(ii) not greater than $200,000,000.
(B) Geographical distribution; balance; investment.--In
providing grants under this section, the Secretary shall take
such measures as are necessary to ensure, to the maximum
extent practicable--
(i) an equitable geographical distribution of funds;
(ii) an appropriate balance in addressing the needs of
urban and rural areas; and
(iii) investment in a variety of transportation modes.
(C) Maximum percentage per state.--Not more than 25 percent
of the amounts made available to provide grants under this
section for a fiscal year may be provided for eligible
projects in a State.
(D) Federal share.--
(i) In general.--Except as provided in subparagraph
(E)(ii)(II), the Federal share of the cost of carrying out
any eligible project funded by a grant under this section
shall be, at the option of the eligible entity receiving the
grant, up to 80 percent.
(ii) Priority.--In providing grants under this section, the
Secretary shall give priority to eligible projects that
require a contribution of Federal funds in order to complete
an overall financing package for the eligible projects.
(E) Eligible projects in rural areas.--
(i) In general.--Not less than 20 percent of the amounts
made available to provide grants under this section for a
fiscal year shall be provided for eligible projects located
in rural areas.
(ii) Minimum grant amount; federal share.--With respect to
an eligible project located in a rural area--
(I) the minimum amount of a grant under this section shall
be $1,000,000; and
(II) the Secretary may increase the Federal share of the
cost of carrying out the eligible project up to 100 percent.
(F) Set-asides for certain costs, projects, and
transfers.--Of the amounts made available under this section
for a fiscal year, the Secretary may--
(i) use an amount not to exceed $20,000,000 for grants that
pay for the planning, preparation, or design of eligible
projects; and
(ii) use an amount not to exceed $20,000,000 to fund the
provision and oversight of grants under this section,
including transfers of funds from that amount to the
Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
provision and oversight of grants under this section for
eligible projects under the administrative jurisdiction of
those agencies.
(3) Selection among eligible projects.--
(A) Establishment.--The Secretary shall establish criteria
for use in selecting among eligible projects to receive
funding under this section.
(B) Selection criteria.--
(i) Primary selection criteria.--The Secretary shall select
among eligible projects by evaluating the extent to which an
eligible project provides significant benefits to a State, a
metropolitan area, a region, or the United States, including
the extent to which an eligible project--
(I) improves the safety of transportation facilities and
systems;
(II) improves the condition of existing transportation
facilities and systems;
(III) contributes to economic competitiveness over the
medium- to long-term;
(IV) improves the environment, improves energy efficiency,
reduces dependence on oil, or reduces greenhouse gas
emissions; and
(V) improves access to transportation facilities and
systems.
(ii) Secondary selection criteria.--In addition to
considering the primary selection criteria described in
clause (i), the Secretary shall consider the extent to which
a project--
(I) uses innovative strategies or technologies to pursue
any of those primary selection criteria; and
(II) demonstrates strong collaboration among a broad range
of participants, or the integration of transportation with
other public service efforts.
(4) Application requirement.--The Secretary shall require
an analysis of project benefits and costs in each application
for a construction grant under this section.
(5) Federal requirements.--The following provisions of law
shall apply to funds made available under this section and
eligible projects carried out using those funds:
(A) Subchapter IV of chapter 31 of title 40, United States
Code.
(B) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(C) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(D) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(6) Transparency.--
(A) In general.--The Secretary shall include in any notice
of funding availability a
[[Page S5742]]
full description of how applications will be evaluated
against all selection criteria.
(B) Consultations on decisions.--After provision of grants
and credit assistance under this section for a fiscal year,
the Secretary (or a designee) shall be available to meet with
any applicant, at a time and place that is mutually
acceptable to the Secretary and the applicant, to review the
application of the applicant.
(c) TIFIA Subsidy and Administrative Costs.--The Secretary
may use up to 20 percent of the amounts appropriated pursuant
to the authorization under subsection (e) to pay the subsidy
and administrative costs of projects eligible for Federal
credit assistance under chapter 6 of title 23, United States
Code, if the Secretary determines that such use of funds
would advance the purposes of this section.
(d) State and Local Permits.--Financial assistance under
this section with respect to an eligible project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the eligible project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the eligible project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the eligible project.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account), $500,000,000 for each of the fiscal years 2016
through 2021. Amounts appropriated pursuant to this paragraph
shall be made available for obligation on October 1 of the
fiscal year for which they are authorized.
(2) Additional amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated such additional amounts as may
be necessary to carry out this section for each of the fiscal
years 2016 through 2021.
(3) Availability.--Amounts appropriated for a fiscal year
pursuant to this subsection shall be available for obligation
during the 3-year period beginning on the first day of such
fiscal year.
______
SA 2417. Mr. McCONNELL submitted an amendment intended to be proposed
by him to the 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; which was ordered to
lie on the table; as follows:
At the end add the following:
``This act shall be effective 1 day after enactment.''
______
SA 2418. Mr. McCONNELL submitted an amendment intended to be proposed
by him to the 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; which was ordered to
lie on the table; as follows:
On line 2, strike ``1 day'' and insert ``2 days''.
______
SA 2419. Ms. CANTWELL (for herself, Mrs. Murray, Mr. Udall, Mr.
Carper, and Mr. Booker) submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
On page 900, line 1, strike ``$200,000,000'' and insert
``$750,000,000''.
______
SA 2420. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the 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; which was ordered to
lie on the table; as follows:
Beginning on page 947, strike line 20 and all that follows
through page 948, line 4, and insert the following:
(A) 7,000,000 barrels of crude oil during fiscal year 2022;
On page 948, line 5, strike ``(F)'' and insert ``(B)''.
On page 948, line 7, strike ``(G)'' and insert ``(C)''.
On page 948, line 9, strike ``(H)'' and insert ``(D)''.
______
SA 2421. Mr. McCONNELL submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Strike divisions A through H and insert the following:
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 11001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the surface transportation program under section
133 of that title, the highway safety improvement program
under section 148 of that title, the congestion mitigation
and air quality improvement program under section 149 of that
title, the national freight program under section 167 of that
title, the transportation alternatives program under section
213 of that title, and to carry out section 134 of that
title--
(A) $39,579,500,000 for fiscal year 2016;
(B) $40,771,300,000 for fiscal year 2017;
(C) $42,127,100,000 for fiscal year 2018;
(D) $43,476,400,000 for fiscal year 2019;
(E) $44,570,700,000 for fiscal year 2020; and
(F) $45,691,900,000 for fiscal year 2021.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $300,000,000 for each of
fiscal years 2016 through 2021.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code--
(i) $465,000,000 for fiscal year 2016;
(ii) $475,000,000 for fiscal year 2017;
(iii) $485,000,000 for fiscal year 2018;
(iv) $495,000,000 for fiscal year 2019;
(v) $505,000,000 for fiscal year 2020; and
(vi) $515,000,000 for fiscal year 2021.
(B) Federal lands transportation program.--
(i) Authorization.--For the Federal lands transportation
program under section 203 of title 23, United States Code--
(I) $305,000,000 for fiscal year 2016;
(II) $310,000,000 for fiscal year 2017;
(III) $315,000,000 for fiscal year 2018;
(IV) $320,000,000 for fiscal year 2019;
(V) $325,000,000 for fiscal year 2020; and
(VI) $330,000,000 for fiscal year 2021.
(ii) Special rule.--
(I) $240,000,000 of the amount made available for each
fiscal year shall be the amount for the National Park
Service; and
(II) $30,000,000 of the amount made available for each
fiscal year shall be the amount for the United States Fish
and Wildlife Service.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code--
(i) $250,000,000 for fiscal year 2016;
(ii) $255,000,000 for fiscal year 2017;
(iii) $260,000,000 for fiscal year 2018;
(iv) $265,000,000 for fiscal year 2019;
(v) $270,000,000 for fiscal year 2020; and
(vi) $285,000,000 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
[[Page S5743]]
Code, $62,500,000 for each of fiscal years 2016 through 2021.
(C) Training and education.--To carry out training and
education under section 504 of title 23, United States Code,
$24,000,000 for each of fiscal years 2016 through 2021.
(D) Intelligent transportation systems program.--To carry
out the intelligent transportation systems program under
sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2016 through 2021.
(E) University transportation centers program.--To carry
out the university transportation centers program under
section 5505 of title 49, United States Code, $72,500,000 for
each of fiscal years 2016 through 2021.
(2) Bureau of transportation statistics.--There are
authorized to be appropriated out of the general fund of the
Treasury to carry out chapter 63 of title 49, United States
Code, $26,000,000 for each of fiscal years 2016 through 2021.
(3) Administration.--The Federal Highway Administration
shall administer the programs described in subparagraphs (D)
and (E) of paragraph (1).
(4) Applicability of title 23, united states code.--Funds
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code;
(B) remain available until expended; and
(C) not be transferable.
(c) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
program, discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned
businesses seeking to do business in federally assisted
surface transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business
enterprise program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation
in surface transportation-related businesses of women
business owners and minority business owners and has impacted
firm development and many aspects of surface transportation-
related business in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business concern'' means
a small business concern (as the term is used in section 3 of
the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern'' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $23,980,000, as
adjusted annually by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term in section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act,
except that women shall be presumed to be socially and
economically disadvantaged individuals for purposes of this
subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program
under divisions A and B of this Act and section 403 of title
23, United States Code, shall be expended through small
business concerns owned and controlled by socially and
economically disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged individuals
(other than women); and
(iii) individuals who are women and are otherwise socially
and economically disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for
the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity
to receive funds made available under divisions A and B of
this Act and section 403 of title 23, United States Code, if
the individual or entity is prevented, in whole or in part,
from complying with paragraph (2) because a Federal court
issues a final order in which the court finds that a
requirement or the implementation of paragraph (2) is
unconstitutional.
(d) Conforming Amendment.--Section 1101(b) of MAP-21
(Public Law 112-141; 126 Stat. 414) is repealed.
SEC. 11002. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations
for Federal-aid highway and highway safety construction
programs shall not exceed--
(1) $41,625,500,000 for fiscal year 2016;
(2) $42,896,300,000 for fiscal year 2017;
(3) $44,331,100,000 for fiscal year 2018;
(4) $45,759,400,000 for fiscal year 2019;
(5) $46,882,700,000 for fiscal year 2020; and
(6) $48,032,900,000 for fiscal year 2021.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(10) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
and
(13) section 119 of title 23, United States Code (but, for
each of fiscal years 2016 through 2021, only in an amount
equal to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of
fiscal years 2016 through 2021, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated
[[Page S5744]]
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) an amount equal to the difference between--
(i) the obligation authority provided by subsection (a) for
the fiscal year; and
(ii) the aggregate amount not distributed under paragraphs
(1) and (2); bears to
(B) an amount equal to the difference between--
(i) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (12) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(13) for the fiscal
year); and
(ii) the aggregate amount not distributed under paragraphs
(1) and (2);
(4) distribute the obligation authority provided by
subsection (a), less the aggregate amount not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23,
United States Code, or apportioned by the Secretary under
section 202 or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) distribute the obligation authority provided by
subsection (a), less the aggregate amount not distributed
under paragraphs (1) and (2) and the amounts distributed
under paragraph (4), for Federal-aid highway and highway
safety construction programs that are apportioned by the
Secretary under title 23, United States Code, (other than the
amounts apportioned for the national highway performance
program under section 119 of title 23, United States Code,
that are exempt from the limitation under subsection (b)(13)
and the amounts apportioned under sections 202 and 204 of
that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2016 through 2021--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of MAP-21 (126 Stat. 405)) and 104 of title 23,
United States Code.
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under chapter 5 of title 23, United States Code.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2016 through 2021, the Secretary shall
distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for the fiscal year because of the
imposition of any obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 11003. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States
Code, is amended--
(1) in subsection (a)(1) by striking subparagraphs (A) and
(B) and inserting the following:
``(A) $456,000,000 for fiscal year 2016;
``(B) $465,000,000 for fiscal year 2017;
``(C) $474,000,000 for fiscal year 2018;
``(D) $483,000,000 for fiscal year 2019;
``(E) $492,000,000 for fiscal year 2020; and
``(F) $501,000,000 for fiscal year 2021.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``and the congestion mitigation and air quality improvement
program'' and inserting ``the congestion mitigation and air
quality improvement program, the national freight program'';
(B) in each of paragraphs (1), (2), and (3) by striking
``paragraphs (4) and (5)'' each place it appears and
inserting ``paragraphs (4), (5), and (6), and section
213(a)'';
(C) in paragraph (1), by striking ``63.7 percent'' and
inserting ``65 percent'';
(D) in paragraph (2), by striking ``29.3 percent'' and
inserting ``29 percent'';
(E) in paragraph (3), by striking ``7 percent'' and
inserting ``6 percent'';
(F) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``determined for the State under subsection
(c)'' and inserting ``remaining under subsection (c) after
making the set-asides in accordance with paragraph (5) and
section 213(a)'';
(G) by redesignating paragraph (5) as paragraph (6);
(H) by inserting after paragraph (4) the following:
``(5) National freight program.--
``(A) In general.--For the national freight program under
section 167, the Secretary shall set aside from the amount
determined for a State under subsection (c) an amount
determined for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount set aside for the
national freight program for all States shall be--
``(i) $1,000,000,000 for fiscal year 2016;
``(ii) $1,450,000,000 for fiscal year 2017;
``(iii) $2,000,000,000 for fiscal year 2018;
``(iv) $2,300,000,000 for fiscal year 2019;
``(v) $2,400,000,000 for fiscal year 2020; and
``(vi) $2,500,000,000 for fiscal year 2021.
``(C) State share.--The Secretary shall distribute among
the States the total set-aside amount for the national
freight program under subparagraph (B) so that each State
receives an amount equal to the proportion that--
``(i) the total apportionment determined under subsection
(c) for a State; bears to
``(ii) the total apportionments for all States.
``(D) Metropolitan planning.--Of the amount set aside under
this paragraph for a State, the Secretary shall use to carry
out section 134 an amount determined by multiplying the set-
aside amount by the proportion that--
``(i) the amount apportioned to the State to carry out
section 134 for fiscal year 2009; bears to
``(ii) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2), except for the high priority projects program
referred to in section 105(a)(2)(H) (as in effect on the day
before the date of enactment of MAP-21 (Public Law 112-141;
126 Stat. 405).''; and
(I) in paragraph (6) (as redesignated by subparagraph (G)),
in the matter preceding subparagraph (A), by striking
``determined for the State under subsection (c)'' and
inserting ``remaining under subsection (c) after making the
set-asides in accordance with paragraph (5) and section
213(a)''; and
(3) in subsection (c) by adding at the end the following:
``(3) For fiscal years 2016 through 2021.--
``(A) State share.--For each of fiscal years 2016 through
2021, the amount for each State of combined apportionments
for the national highway performance program under section
119, the surface transportation program under section 133,
the highway safety improvement program under section 148, the
congestion mitigation and air quality improvement program
under section 149, the national freight program under section
167, the transportation alternatives program under section
213, and to carry out section 134, shall be determined as
follows:
``(i) Initial amount.--The initial amount for each State
shall be determined by multiplying the total amount available
for apportionment by the share for each State, which shall be
equal to the proportion that--
``(I) the amount of apportionments that the State received
for fiscal year 2014; bears to
``(II) the amount of those apportionments received by all
States for that fiscal year.
``(ii) Adjustments to amounts.--The initial amounts
resulting from the calculation under clause (i) shall be
adjusted to ensure that, for each State, the amount of
combined apportionments for the programs shall not be less
than 95 percent of the estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(B) State apportionment.--For each of fiscal years 2016
through 2021, on October 1, the Secretary shall apportion the
sum authorized to be appropriated for expenditure on the
national highway performance program under section 119, the
surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion
mitigation and air quality improvement program under section
[[Page S5745]]
149, the national freight program under section 167, the
transportation alternatives program under section 213, and to
carry out section 134 in accordance with subparagraph (A).''.
(b) Conforming Amendments.--
(1) Section 104(d)(1)(A) of title 23, United States Code,
is amended by striking ``subsection (b)(5)'' each place it
appears and inserting ``paragraphs (5)(D) and (6) of
subsection (b)''.
(2) Section 120(c)(3) of title 23, United States Code, is
amended--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``or (5)'' and inserting ``(5)(D), or (6)'';
and
(B) in subparagraph (C)(i), by striking ``and (5)'' and
inserting ``(5)(D), and (6)''.
(3) Section 135(i) of title 23, United States Code, is
amended by striking ``section 104(b)(5)'' and inserting
``paragraphs (5)(D) and (6) of section 104(b)''.
(4) Section 136(b) of title 23, United States Code, is
amended in the first sentence by striking ``paragraphs (1)
through (5) of section 104(b)'' and inserting ``paragraphs
(1) through (6) of section 104(b)''.
(5) Section 141(b)(2) of title 23, United States Code, is
amended by striking ``paragraphs (1) through (5) of section
104(b)'' and inserting ``paragraphs (1) through (6) of
section 104(b)''.
(6) Section 505(a) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking
``through (4)'' and inserting ``through (5)''.
SEC. 11004. SURFACE TRANSPORTATION PROGRAM.
Section 133 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (10), by inserting ``, including emergency
evacuation plans'' after ``programs''; and
(B) in paragraph (13), by adding a period at the end;
(2) in subsection (c)--
(A) in paragraph (1), by striking the semicolon at the end
and inserting ``or for projects described in paragraphs (2),
(4), (6), (7), (11), (20), (25), and (26) of subsection (b);
and'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``50
percent'' and inserting ``55 percent''; and
(II) in clause (ii), by striking ``greater than 5,000'' and
inserting ``of 5,000 or more''; and
(ii) in subparagraph (B), by striking ``50 percent'' and
inserting ``45 percent''; and
(B) in paragraph (3)--
(i) by striking ``paragraph (1)(A)(ii)'' and inserting
``paragraph (1)(A)(iii)''; and
(ii) by striking ``greater than 5,000 and less than
200,000'' and inserting ``of 5,000 to 200,000'';
(4) in subsection (f)(1)--
(A) by striking ``104(b)(3)'' and inserting ``104(b)(2)'';
and
(B) by striking ``the period of fiscal years 2011 through
2014'' and inserting ``each fiscal year'';
(5) by redesignating subsection (h) as subsection (i);
(6) in subsection (g)--
(A) by striking the subsection designation and heading and
all that follows through paragraph (1) and inserting the
following:
``(g) Bridges Off the National Highway System.--
``(1) Definition of off-nhs bridge.--In this subsection,
the term `off-NHS bridge' means a highway bridge located on a
public road, other than a bridge on the National Highway
System.''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) Set-aside.--Each State shall obligate for replacement
(including replacement with fill material), rehabilitation,
preservation, and protection (including scour
countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection against
extreme events) for off-NHS bridges an amount equal to the
greater of--
``(i) 15 percent of the amount apportioned to the State
under section 104(b)(2); and
``(ii) an amount equal to at least 110 percent of the
amount of funds set aside for bridges not on Federal-aid
highways in the State for fiscal year 2014.'';
(ii) in subparagraph (B), by striking ``off-system'' and
inserting ``off-NHS''; and
(iii) by adding at the end the following:
``(C) Set-aside for certain off-nhs bridges.--Each State
shall obligate an amount equal to not less than 50 percent of
the amount set aside under subparagraph (A) for off-NHS
bridges located on public roads that are not Federal-aid
highways.''; and
(C) by redesignating paragraph (3) as subsection (h);
(7) in subsection (h) (as so redesignated)--
(A) by striking the heading and inserting ``Credit for
Bridges Not on the National Highway System.--'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(C) in the matter preceding paragraph (1) (as so
redesignated)--
(i) by striking ``the replacement of a bridge or
rehabilitation of''; and
(ii) by striking ``, and is determined by the Secretary
upon completion to be no longer a deficient bridge'';
(8) in subsection (i)(1) (as redesignated by paragraph
(5)), by striking ``under subsection (d)(1)(A)(iii) for each
of fiscal years 2013 through 2014'' and inserting ``under
subsection (d)(1)(A)(ii) for each fiscal year''; and
(9) by adding at the end the following:
``(j) Border States.--
``(1) In general.--After consultation with relevant
transportation planning organizations, the Governor of a
State that shares a land border with Canada or Mexico may
designate for each fiscal year not more than 5 percent of
funds made available to the State under subsection (d)(1)(B)
for border infrastructure projects eligible under section
1303 of SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
``(2) Use of funds.--Funds designated under this subsection
shall be available under the requirements of section 1303 of
SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
``(3) Certification.--Before making a designation under
paragraph (1), the Governor shall certify that the
designation is consistent with transportation planning
requirements under this title.
``(4) Notification.--Not later than 30 days after making a
designation under paragraph (1), the Governor shall submit to
the relevant transportation planning organizations within the
border region a written notification of any suballocated or
distributed amount of funds available for obligation by
jurisdiction.
``(5) Limitation.--This subsection applies only to funds
apportioned to a State after the date of enactment of the
DRIVE Act.
``(6) Deadline for designation.--A designation under
paragraph (1) shall--
``(A) be submitted to the Secretary not later than 30 days
before the beginning of the fiscal year for which the
designation is being made; and
``(B) remain in effect for the funds designated under
paragraph (1) for a fiscal year until the Governor of the
State notifies the Secretary of the termination of the
designation.
``(7) Unobligated funds after termination.--On the date of
a termination under paragraph (6)(B), all remaining
unobligated funds that were designated under paragraph (1)
for the fiscal year for which the designation is being
terminated shall be made available to the State for the
purposes described in subsection (d)(1)(B).''.
SEC. 11005. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``resilient'' before
``surface transportation systems'';
(2) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(3) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
``(3) Representation.--
``(A) In general.--Designation or selection of officials or
representatives under paragraph (2) shall be determined by
the metropolitan planning organization according to the
bylaws or enabling statute of the organization.
``(B) Public transportation representative.--Subject to the
bylaws or enabling statute of the metropolitan planning
organization, a representative of a provider of public
transportation may also serve as a representative of a local
municipality.
``(C) Powers of certain officials.--An official described
in paragraph (2)(B) shall have responsibilities, actions,
duties, voting rights, and any other authority commensurate
with other officials described in paragraph (2)(B).''; and
(C) in paragraph (5) (as redesignated by subparagraph (A)),
by striking ``paragraph (5)'' and inserting ``paragraph
(6)'';
(4) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(5) in subsection (g)(3)(A), by inserting ``natural
disaster risk reduction,'' after ``environmental
protection,'';
(6) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)(A), by striking ``and in section
5301(c) of title 49'' and inserting ``and the general
purposes described in section 5301 of title 49'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``transit'' and
inserting ``public transportation facilities, intercity bus
facilities'';
(ii) in subparagraph (G)--
(I) by striking ``and provide'' and inserting ``,
provide''; and
(II) by inserting ``, and reduce vulnerability due to
natural disasters of the existing transportation
infrastructure'' before the period at the end; and
[[Page S5746]]
(iii) in subparagraph (H), by inserting ``, including
consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated'' before the period at
the end;
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before ``freight
shippers,''; and
(ii) by inserting ``(including intercity bus operators and
commuter vanpool providers)'' after ``private providers of
transportation''; and
(C) in paragraph (8), by striking ``(2)(C)'' each place it
appears and inserting ``(2)(E)'';
(8) in subsection (j)(5)(A), by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(3)'';
(9) in subsection (k)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(10) in subsection (l)--
(A) in paragraph (1), by adding a period at the end; and
(B) in paragraph (2)(D), by striking ``of less than
200,000'' and inserting ``with a population of 200,000 or
less'';
(11) by striking subsection (n);
(12) by redesignating subsections (o) through (q) as
subsections (n) through (p), respectively;
(13) in subsection (o) (as so redesignated), by striking
``set aside under section 104(f)'' and inserting
``apportioned under paragraphs (5)(D) and (6) of section
104(b)'' ; and
(14) by adding at the end the following:
``(q) Treatment of Lake Tahoe Region.--
``(1) Definition of lake tahoe region.--In this subsection,
the term `Lake Tahoe Region' has the meaning given the term
`region' in subsection (a) of Article II of the Lake Tahoe
Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
``(2) Treatment.--For the purpose of this title, the Lake
Tahoe Region shall be treated as--
``(A) a metropolitan planning organization;
``(B) a transportation management area under subsection
(k); and
``(C) an urbanized area, which is comprised of a population
of 145,000 in the State of California and a population of
65,000 in the State of Nevada.
``(3) Suballocated funding.--
``(A) Section 133.--When determining the amount under
subparagraph (A) of section 133(d)(1) that shall be obligated
for a fiscal year in the States of California and Nevada
under clauses (i), (ii), and (iii) of that subparagraph, the
Secretary shall, for each of those States--
``(i) calculate the population under each of those clauses;
``(ii) decrease the amount under section 133(d)(1)(A)(iii)
by the population specified in paragraph (2) of this
subsection for the Lake Tahoe Region in that State; and
``(iii) increase the amount under section 133(d)(1)(A)(i)
by the population specified in paragraph (2) of this
subsection for the Lake Tahoe Region in that State.
``(B) Section 213.--When determining the amount under
paragraph (1) of section 213(c) that shall be obligated for a
fiscal year in the States of California and Nevada under
subparagraphs (A), (B), and (C) of that paragraph, the
Secretary shall, for each of those States--
``(i) calculate the population under each of those
subparagraphs;
``(ii) decrease the amount under section 213(c)(1)(C) by
the population specified in paragraph (2) of this subsection
for the Lake Tahoe Region in that State; and
``(iii) increase the amount under section 213(c)(1)(A) by
the population specified in paragraph (2) of this subsection
for the Lake Tahoe Region in that State.''.
SEC. 11006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) In General.--Section 135 of title 23, United States
Code, is amended--
(1) in subsection (a)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)(A), by striking ``and in section
5301(c) of title 49'' and inserting ``and the general
purposes described in section 5301 of title 49'';
(3) in subsection (e)(1), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(4) in subsection (f)--
(A) in paragraph (2)(B)(i), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``subsection (m)'' and
inserting ``subsection (l)''; and
(ii) in clause (ii), by inserting ``(including intercity
bus operators and commuter vanpool providers)'' after
``private providers of transportation'';
(C) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``should'' and inserting ``shall''; and
(D) in paragraph (8), by inserting ``, including
consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated'' before the period at
the end;
(5) in subsection (g)--
(A) in paragraph (2)(B)(i), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(B) in paragraph (3)--
(i) by inserting ``public ports,'' before ``freight
shippers''; and
(ii) by inserting ``(including intercity bus operators),''
after ``private providers of transportation''; and
(C) in paragraph (6)(A), by striking ``subsection (m)'' and
inserting ``subsection (l)'';
(6) by striking subsection (j); and
(7) by redesignating subsections (k) through (m) as
subsections (j) through (l), respectively.
(b) Conforming Amendments.--Section 134(b)(5) of title 23,
United States Code, is amended by striking ``section 135(m)''
and inserting ``section 135(l)''.
SEC. 11007. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b) of title 23, United States Code, is amended
by striking paragraph (2)(A) and inserting the following:
``(A) In general.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
are necessary, not to exceed $4,000,000 for each fiscal year,
to carry out this section.''.
SEC. 11008. BUNDLING OF BRIDGE PROJECTS.
Section 144 of title 23, United States Code, is amended--
(1) in subsection (c)(2)(A), by striking ``the natural
condition of the bridge'' and inserting ``the natural
condition of the water'';
(2) by redesignating subsection (j) as subsection (k);
(3) by inserting after subsection (i) the following:
``(j) Bundling of Bridge Projects.--
``(1) Purpose.--The purpose of this subsection is to save
costs and time by encouraging States to bundle multiple
bridge projects as 1 project.
``(2) Definition of eligible entity.--In this subsection,
the term `eligible entity' means an entity eligible to carry
out a bridge project under section 119 or 133.
``(3) Bundling of bridge projects.--An eligible entity may
bundle 2 or more similar bridge projects that are--
``(A) eligible projects under section 119 or 133;
``(B) included as a bundled project in a transportation
improvement program under section 134(j) or a statewide
transportation improvement program under section 135, as
applicable; and
``(C) awarded to a single contractor or consultant pursuant
to a contract for engineering and design or construction
between the contractor and an eligible entity.
``(4) Itemization.--Notwithstanding any other provision of
law (including regulations), an eligible bridge project
included in a bundle under this subsection may be listed as--
``(A) 1 project for purposes of sections 134 and 135; and
``(B) a single project within the applicable bundle.
``(5) Financial characteristics.--Projects bundled under
this subsection shall have the same financial
characteristics, including--
``(A) the same funding category or subcategory; and
``(B) the same Federal share.''; and
(4) in subsection (k)(2) (as redesignated by paragraph
(2)), by striking ``104(b)(3)'' and inserting ``104(b)(2)''.
SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND BRIDGE
PROJECTS.
(a) Authority.--With respect to rural road and rural bridge
projects eligible for funding under title 23, United States
Code, subject to the provisions of this section and on
request by a State, the Secretary may--
(1) exercise all existing flexibilities under and
exceptions to--
(A) the requirements of title 23, United States Code; and
(B) other requirements administered by the Secretary, in
whole or part; and
(2) otherwise provide additional flexibility or expedited
processing with respect to the requirements described in
paragraph (1).
(b) Types of Projects.--A rural road or rural bridge
project under this section shall--
(1) be located in a county that, based on the most recent
decennial census--
(A) has a population density of 80 or fewer persons per
square mile of land area; or
(B) is the county that has the lowest population density of
all counties in the State;
(2) be located within the operational right-of-way (as
defined in section 1316(b) of MAP-21 (23 U.S.C. 109 note; 126
Stat. 549)) of an existing road or bridge; and
(3)(A) receive less than $5,000,000 of Federal funds; or
(B) have a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15 percent
of the total estimated project cost.
(c) Process to Assist Rural Projects.--
(1) Assistance with federal requirements.--
(A) In general.--For projects under this section, the
Secretary shall seek to provide, to the maximum extent
practicable, regulatory relief and flexibility consistent
with this section.
[[Page S5747]]
(B) Exceptions, exemptions, and additional flexibility.--
Exceptions, exemptions, and additional flexibility from
regulatory requirements may be granted if, in the opinion of
the Secretary--
(i) the project is not expected to have a significant
adverse impact on the environment;
(ii) the project is not expected to have an adverse impact
on safety; and
(iii) the assistance would be in the public interest for 1
or more reasons, including--
(I) reduced project costs;
(II) expedited construction, particularly in an area where
the construction season is relatively short and not granting
the waiver or additional flexibility could delay the project
to a later construction season; or
(III) improved safety.
(2) Maintaining protections.--Nothing in this subsection--
(A) waives the requirements of section 113 or 138 of title
23, United States Code;
(B) supersedes, amends, or modifies--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or any other Federal environmental law;
or
(ii) any requirement of title 23, United States Code; or
(C) affects the responsibility of any Federal officer to
comply with or enforce any law or requirement described in
this paragraph.
SEC. 11010. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal
Facilities.--Section 147 of title 23, United States Code, is
amended--
(1) in subsection (a), by striking ``In General'' and
inserting ``Program'';
(2) by striking subsections (d) through (g) and inserting
the following:
``(d) Formula.--Of the amounts allocated under subsection
(c)--
``(1) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of ferry passengers, including passengers
in vehicles, carried by each ferry system in the most recent
calendar year for which data is available; bears to
``(B) the number of ferry passengers, including passengers
in vehicles, carried by all ferry systems in the most recent
calendar year for which data is available;
``(2) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of vehicles carried by each ferry system
in the most recent calendar year for which data is available;
bears to
``(B) the number of vehicles carried by all ferry systems
in the most recent calendar year for which data is available;
and
``(3) 30 percent shall be allocated among eligible entities
in the proportion that--
``(A) the total route nautical miles serviced by each ferry
system in the most recent calendar year for which data is
available; bears to
``(B) the total route nautical miles serviced by all ferry
systems in the most recent calendar year for which data is
available.
``(e) Redistribution of Unobligated Amounts.--The Secretary
shall--
``(1) withdraw amounts allocated to an eligible entity
under subsection (c) that remain unobligated by the end of
the third fiscal year following the fiscal year for which the
amounts were allocated; and
``(2) in the subsequent fiscal year, redistribute the funds
referred to in paragraph (1) in accordance with the formula
under subsection (d) among eligible entities for which no
amounts were withdrawn under paragraph (1).
``(f) Minimum Amount.--Notwithstanding subsection (c), a
State with an eligible entity that meets the requirements of
this section shall receive not less than $100,000 under this
section for a fiscal year.
``(g) Implementation.--
``(1) Data collection.--
``(A) National ferry database.--Amounts made available for
a fiscal year under this section shall be allocated using the
most recent data available, as collected and imputed in
accordance with the national ferry database established under
section 1801(e) of SAFETEA-LU (23 U.S.C. 129 note; 119 Stat.
1456).
``(B) Eligibility for funding.--To be eligible to receive
funds under subsection (c), data shall have been submitted in
the most recent collection of data for the national ferry
database under section 1801(e) of SAFETEA-LU (23 U.S.C. 129
note; 119 Stat. 1456) for at least 1 ferry service within the
State.
``(2) Adjustments.--On review of the data submitted under
paragraph (1)(B), the Secretary may make adjustments to the
data as the Secretary determines necessary to correct
misreported or inconsistent data.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$80,000,000 for each of fiscal years 2016 through 2021.
``(i) Period of Availability.--Notwithstanding section
118(b), funds made available to carry out this section shall
remain available until expended.
``(j) Applicability.--All provisions of this chapter that
are applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal
share, shall apply to funds made available to carry out this
section, except as determined by the Secretary to be
inconsistent with this section.''.
(b) National Ferry Database.--Section 1801(e)(4) of
SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1456) is amended by
striking subparagraph (D) and inserting the following:
``(D) make available, from the amounts made available for
each fiscal year to carry out chapter 63 of title 49, not
more than $500,000 to maintain the database.''.
(c) Conforming Amendments.--Section 129(c) of title 23,
United States Code, is amended--
(1) in paragraph (2), in the first sentence, by inserting
``, or on a public transit ferry eligible under chapter 53 of
title 49'' after ``Interstate System'';
(2) in paragraph (3)--
(A) by striking ``(3) Such ferry'' and inserting ``(3)(A)
The ferry''; and
(B) by adding at the end the following:
``(B) Any Federal participation shall not involve the
construction or purchase, for private ownership, of a ferry
boat, ferry terminal facility, or other eligible project
under this section.'';
(3) in paragraph (4), by striking ``and repair,'' and
inserting ``repair,''; and
(4) by striking paragraph (6) and inserting the following:
``(6) The ferry service shall be maintained in accordance
with section 116.
``(7)(A) No ferry boat or ferry terminal with Federal
participation under this title may be sold, leased, or
otherwise disposed of, except in accordance with part 18 of
title 49, Code of Federal Regulations (as in effect on
December 18, 2014).
``(B) The Federal share of any proceeds from a disposition
referred to in subparagraph (A) shall be used for eligible
purposes under this title.''.
SEC. 11011. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
Section 148 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by striking
``includes, but is not limited to,'' and inserting ``only
includes''; and
(ii) by adding at the end the following:
``(xxv) Installation of vehicle-to-infrastructure
communication equipment.
``(xxvi) Pedestrian hybrid beacons.
``(xxvii) Roadway improvements that provide separation
between pedestrians and motor vehicles, including medians and
pedestrian crossing islands.
``(xxviii) An infrastructure safety project not described
in clauses (i) through (xxvii).''; and
(B) by striking paragraph (10) and redesignating paragraphs
(11) through (13) as paragraphs (10) through (12),
respectively;
(2) in subsection (c)(1)(A), by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)''; and
(4) in subsection (g)(1)--
(A) by striking ``increases'' and inserting ``does not
decrease''; and
(B) by inserting ``and exceeds the national fatality rate
on rural roads,'' after ``available,''.
SEC. 11012. DATA COLLECTION ON UNPAVED PUBLIC ROADS.
Section 148 of title 23, United States Code, is amended by
adding at the end the following:
``(k) Data Collection on Unpaved Public Roads.--
``(1) In general.--A State may elect not to collect
fundamental data elements for the model inventory of roadway
elements on public roads that are gravel roads or otherwise
unpaved if--
``(A)(i) more than 45 percent of the public roads in the
State are gravel roads or otherwise unpaved; and
``(ii) less than 10 percent of fatalities in the State
occur on those unpaved public roads; or
``(B)(i) more than 70 percent of the public roads in the
State are gravel roads or otherwise unpaved; and
``(ii) less than 25 percent of fatalities in the State
occur on those unpaved public roads.
``(2) Calculation.--The percentages described in paragraph
(1) shall be based on the average for the 5 most recent years
for which relevant data is available.
``(3) Use of funds.--If a State elects not to collect data
on a road described in paragraph (1), the State shall not use
funds provided to carry out this section for a project on
that road until the State completes a collection of the
required model inventory of roadway elements for the road.''.
SEC. 11013. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(i)(I), by inserting ``in the
designated nonattainment area'' after ``air quality
standard'';
(B) in paragraph (3), by inserting ``or maintenance'' after
``likely to contribute to the attainment'';
(C) in paragraph (4), by striking ``attainment of'' and
inserting ``attainment or maintenance of the area of''; and
(D) in paragraph (8)(A)(ii)--
(i) in the matter preceding subclause (I), by inserting
``or port-related freight operations'' after ``construction
projects''; and
(ii) in subclause (II), by inserting ``or chapter 53 of
title 49'' after ``this title'';
(2) in subsection (c)(2), by inserting ``(giving priority
to corridors designated under
[[Page S5748]]
section 151)'' after ``at any location in the State'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting
``would otherwise be eligible under subsection (b) if the
project were carried out in a nonattainment or maintenance
area or'' after ``may use for any project that''; and
(II) in clause (i), by striking ``(excluding the amount of
funds reserved under paragraph (1))''; and
(ii) in subparagraph (B)(i), by striking ``MAP-21t'' and
inserting ``MAP-21''; and
(B) in paragraph (3), by inserting ``, in a manner
consistent with the approach that was in effect on the day
before the date of enactment of MAP-21,'' after ``the
Secretary shall modify'';
(4) in subsection (g)--
(A) in paragraph (2)(B), by striking ``not later that'' and
inserting ``not later than'';
(B) in paragraph (3)--
(i) by striking ``States and metropolitan'' and inserting
the following:
``(A) In general.--States and metropolitan'';
(ii) by striking ``are proven to reduce'' and inserting
``reduce directly emitted''; and
(iii) by adding at the end the following:
``(B) Use of priority funding.--To the maximum extent
practicable, PM2.5 priority funding shall be used on the most
cost-effective projects and programs that are proven to
reduce directly emitted fine particulate matter.'';
(5) in subsection (k)--
(A) in paragraph (1)--
(i) by striking ``that has a nonattainment or maintenance
area'' and inserting ``that has 1 or more nonattainment or
maintenance areas'';
(ii) by striking ``a nonattainment or maintenance area that
are'' and inserting ``the nonattainment or maintenance areas
that are'';
(iii) by striking ``such area'' both places it appears and
inserting ``such areas''; and
(iv) by striking ``such fine particulate'' and inserting
``directly-emitted fine particulate'';
(B) in paragraph (2), by striking ``highway construction''
and inserting ``transportation construction''; and
(C) by adding at the end the following:
``(3) Pm2.5 nonattainment and maintenance in low population
density states.--
``(A) Exception.--In any State with a population density of
80 or fewer persons per square mile of land area, based on
the most recent decennial census, the requirements under
subsection (g)(3) and paragraphs (1) and (2) of this
subsection shall not apply to a nonattainment or maintenance
area in the State if--
``(i) the nonattainment or maintenance area does not have
projects that are part of the emissions analysis of a
metropolitan transportation plan or transportation
improvement program; and
``(ii) regional motor vehicle emissions are an
insignificant contributor to the air quality problem for
PM2.5 in the nonattainment or maintenance area.
``(B) Calculation.--If subparagraph (A) applies to a
nonattainment or maintenance area in a State, the percentage
of the PM2.5 set-aside under paragraph (1) shall be reduced
for that State proportionately based on the weighted
population of the area in fine particulate matter
nonattainment.
``(4) Port-related equipment and vehicles.--To meet the
requirements under paragraph (1), a State or metropolitan
planning organization may elect to obligate funds to the most
cost-effective projects to reduce emissions from port-related
landside nonroad or on-road equipment that is operated within
the boundaries of a PM2.5 nonattainment or maintenance
area.'';
(6) in subsection (l)(1)(B), by inserting ``air quality and
traffic congestion'' before ``performance targets''; and
(7) in subsection (m), by striking ``section 104(b)(2)''
and inserting ``section 104(b)(4)''.
SEC. 11014. TRANSPORTATION ALTERNATIVES.
(a) In General.--Section 213 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Reservation of Funds.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall set aside from the amount determined for a
State under section 104(c) an amount determined for the State
under paragraphs (2) and (3).
``(2) Total amount.--The total amount set aside for the
program under this section shall be $850,000,000 for each
fiscal year.
``(3) State share.--The Secretary shall distribute among
the States the total set-aside amount under paragraph (2) so
that each State receives an amount equal to the proportion
that--
``(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009
under section 133(d)(2), as in effect on the day before the
date of enactment of MAP-21 (Public Law 112-141; 126 Stat.
405); bears to
``(B) the total amount of funds apportioned to all States
for that fiscal year for the transportation enhancements
program for fiscal year 2009.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Of the funds'' and all that follows through ``shall be
obligated under this section'' in subparagraph (A) and
inserting ``Funds reserved in a State under this section
shall be obligated'';
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively;
(iv) in subparagraph (B) (as so redesignated), by striking
``greater than 5,000'' and inserting ``of 5,000 or more'';
and
(v) in subparagraph (C) (as so redesignated), by striking
``; and'' and inserting a period;
(B) in paragraph (2), by striking ``paragraph (1)(A)(i)''
and inserting ``paragraph (1)(A)'';
(C) in paragraph (3)(A)--
(i) by striking ``Except as provided in paragraph (1)(B),
the'' and inserting ``The''; and
(ii) by striking ``paragraph (1)(A)(i)'' both places it
appears and inserting ``paragraph (1)(A)'';
(D) in paragraph (4)(B)--
(i) in clause (vi), by striking ``and'' at the end;
(ii) by redesignating clause (vii) as clause (viii); and
(iii) by inserting after clause (vi) the following:
``(vii) a nonprofit entity responsible for the
administration of local transportation safety programs;
and''; and
(E) in paragraph (5)--
(i) by striking ``For funds reserved'' and inserting the
following:
``(A) In general.--For funds reserved'';
(ii) by striking ``paragraph (1)(A)(i)'' and inserting
``paragraph (1)(A)''; and
(iii) by adding at the end the following:
``(B) No restriction on suballocation.--Nothing in this
section prevents a metropolitan planning organization from
further suballocating funds within the boundaries of the
metropolitan planning area if a competitive process is
implemented for the award of the suballocated funds.''; and
(3) by adding at the end the following:
``(h) Annual Reports.--
``(1) In general.--Each State or metropolitan planning
organization responsible for carrying out the requirements of
this section shall submit to the Secretary an annual report
that describes--
``(A) the number of project applications received for each
fiscal year, including--
``(i) the aggregate cost of the projects for which
applications are received; and
``(ii) the types of project to be carried out (as described
in subsection (b)), expressed as percentages of the total
apportionment of the State under subsection (a); and
``(B) the number of projects selected for funding for each
fiscal year, including the aggregate cost and location of
projects selected.
``(2) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on the
website of the Department, a copy of each annual report
submitted under paragraph (1).
``(i) Expediting Infrastructure Projects.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop
regulations or guidance relating to the implementation of
this section that encourages the use of the programmatic
approaches to environmental reviews, expedited procurement
techniques, and other best practices to facilitate productive
and timely expenditure for projects that are small, low-
impact, and constructed within an existing built environment.
``(2) State processes.--The Secretary shall work with State
departments of transportation to ensure that any regulation
or guidance developed under paragraph (1) is consistently
implemented by States and the Federal Highway Administration
to avoid unnecessary delays in implementing projects and to
ensure the effective use of Federal dollars.''.
(b) Conforming Amendment.--Section 126(b) of title 23,
United States Code, is amended--
(1) by striking ``set-asides.--'' and all that follows
through ``Funds that'' in paragraph (1) and inserting ``set-
asides.--Funds that'';
(2) by striking ``sections 104(d) and 133(d)'' and
inserting ``sections 104(d), 133(d), and 213(c)''; and
(3) by striking paragraph (2).
SEC. 11015. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat.
574) is amended in the matter preceding paragraph (1) by
striking ``fiscal years 2013 and 2014'' and inserting
``fiscal years 2013 through 2021''.
SEC. 11016. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM
MODIFICATIONS.
(a) National Highway System Flexibility.--Not later than 90
days after the date of enactment of this Act, the Secretary
shall issue guidance relating to working with State
departments of transportation that request assistance from
the division offices of the Federal Highway Administration--
(1) to review roads classified as principal arterials in
the State that were added to the National Highway System as
of October 1, 2012, so as to comply with section 103 of title
23, United States Code; and
(2) to identify any necessary functional classification
changes to rural and urban principal arterials.
(b) Administrative Actions.--The Secretary shall direct the
division offices of the Federal Highway Administration to
work with the applicable State department of transportation
that requests assistance under this section--
[[Page S5749]]
(1) to assist in the review of roads in accordance with
guidance issued under subsection (a);
(2) to expeditiously review and facilitate requests from
States to reclassify roads classified as principal arterials;
and
(3) in the case of a State that requests the withdrawal of
reclassified roads from the National Highway System under
section 103(b)(3) of title 23, United States Code, to carry
out that withdrawal if the inclusion of the reclassified road
in the National Highway System is not consistent with the
needs and priorities of the community or region in which the
reclassified road is located.
(c) National Highway System Modification Regulations.--The
Secretary shall--
(1) review the National Highway System modification process
described in appendix D of part 470 of title 23, Code of
Federal Regulations (or successor regulations); and
(2) take any action necessary to ensure that a State may
submit to the Secretary a request to modify the National
Highway System by withdrawing a road from the National
Highway System.
(d) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) each request for reclassification of National Highway
System roads;
(2) the status of each request; and
(3) if applicable, the justification for the denial by the
Secretary of a request.
(e) Modifications to the National Highway System.--Section
103(b)(3)(A) of title 23, United States Code, is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``, including any modification consisting
of a connector to a major intermodal terminal,''; and
(B) by inserting ``, including any modification consisting
of a connector to a major intermodal terminal or the
withdrawal of a road from that system,'' after ``the National
Highway System''; and
(2) in clause (ii)--
(A) by striking ``(ii) enhances'' and inserting ``(ii)(I)
enhances'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(II) in the case of the withdrawal of a road, is
reasonable and appropriate.''.
SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
Section 129(a) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``(other than a highway on the Interstate
System)''; and
(ii) by inserting ``non-HOV'' after ``toll-free'' each
place it appears;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) through (I) as
subparagraphs (C) through (H), respectively;
(2) by striking paragraph (4) and paragraph (6);
(3) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (9), respectively;
(4) in paragraph (4)(B) (as so redesignated), by striking
``the Federal-aid system'' and inserting ``Federal-aid
highways''; and
(5) by inserting after paragraph (7) (as so redesignated)
the following:
``(8) Equal access for motorcoaches.--A private motorcoach
that serves the public shall be provided access to a toll
facility under the same rates, terms, and conditions as
public transportation buses in the State.''.
SEC. 11018. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) High occupancy toll vehicles.--
``(A) In general.--The State agency may allow vehicles not
otherwise exempt under this subsection to use the HOV
facility if the operators of the vehicles pay a toll charged
by the agency for use of the facility and the agency--
``(i) establishes a program that addresses how motorists
can enroll and participate in the toll program;
``(ii) in the case of a high occupancy vehicle facility
that affects a metropolitan area, submits to the Secretary a
written statement that the metropolitan planning organization
designated under section 134 for the area has been consulted
concerning the placement and amount of tolls on the converted
facility;
``(iii) develops, manages, and maintains a system that will
automatically collect the toll; and
``(iv) establishes policies and procedures--
``(I) to manage the demand to use the facility by varying
the toll amount that is charged;
``(II) to enforce violations of the use of the facility;
and
``(III) to ensure that private motorcoaches that serve the
public are provided access to the facility under the same
rates, terms, and conditions, as public transportation buses
in the State.
``(B) Exemption from tolls.--In levying a toll on a
facility under subparagraph (A), a State agency may--
``(i) designate classes of vehicles that are exempt from
the toll; and
``(ii) charge different toll rates for different classes of
vehicles.'';
(B) in paragraph (5), by striking subparagraph (A) and
inserting the following:
``(A) Inherently low emission vehicle.--If a State agency
establishes procedures for enforcing the restrictions on the
use of a HOV facility by vehicles described in clauses (i)
and (ii), the State agency may allow the use of the HOV
facility by--
``(i) alternative fuel vehicles; and
``(ii) any motor vehicle described in section 30D(d)(1) of
the Internal Revenue Code of 1986.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Tolls'' and inserting ``Notwithstanding
section 301, tolls''; and
(ii) by striking ``notwithstanding section 301 and, except
as provided in paragraphs (2) and (3)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) in subsection (d)(1), by striking subparagraphs (D) and
(E) and inserting the following:
``(D) Maintenance of operating performance.--
``(i) Submission of plan.--Not later than 180 days after
the date on which a facility is degraded under paragraph (2),
the State agency with jurisdiction over the facility shall
submit to the Secretary for approval a plan that details the
actions the State agency will take to bring the facility into
compliance with the minimum average operating speed
performance standard through changes to operation of the
facility, including--
``(I) increasing the occupancy requirement for HOV lanes;
``(II) varying the toll charged to vehicles allowed under
subsection (b) to reduce demand;
``(III) discontinuing allowing non-HOV vehicles to use HOV
lanes under subsection (b); or
``(IV) increasing the available capacity of the HOV
facility.
``(ii) Notice of approval or disapproval.--Not later than
60 days after the date of receipt of a plan under clause (i),
the Secretary shall provide to the State agency a written
notice indicating whether the Secretary has approved or
disapproved the plan based on a determination of whether the
implementation of the plan will bring the HOV facility into
compliance.
``(iii) Biannual progress updates.--Until the date on which
the Secretary determines that the State agency has brought
the HOV facility into compliance with this subsection, the
State agency shall submit biannual updates that describe--
``(I) the actions taken to bring the HOV facility into
compliance; and
``(II) the progress made by those actions.
``(E) Compliance.--The Secretary shall subject the State to
appropriate program sanctions under section 1.36 of title 23,
Code of Federal Regulations (or successor regulations), until
the performance is no longer degraded, if--
``(i) the State agency fails to submit an approved action
plan under subparagraph (D) to bring a degraded facility into
compliance; or
``(ii) after the State submits and the Secretary approves
an action plan under subparagraph (D), the Secretary
determines that, on a date that is not earlier than 1 year
after the approval of the action plan, the State agency is
not making significant progress toward bringing the HOV
facility into compliance with the minimum average operating
speed performance standard.''; and
(4) in subsection (f)(1), in the matter preceding
subparagraph (A), by inserting ``solely'' before
``operating''.
SEC. 11019. INTERSTATE SYSTEM RECONSTRUCTION AND
REHABILITATION PILOT PROGRAM.
Section 1216(b) of the Transportation Equity Act for the
21st Century (Public Law 105-178; 112 Stat. 212) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``the age, condition,
and intensity of use of the facility'' and inserting ``an
analysis demonstrating that the facility has a significant
age, condition, or intensity of use to require expedited
reconstruction or rehabilitation'';
(B) in subparagraph (D)(iii), by inserting ``, and that
demonstrates the capability of that agency to perform or
oversee the building, operation, and maintenance of a toll
expressway system meeting criteria for the Interstate
System'' before the semicolon at the end; and
(C) by adding at the end the following:
``(E) An analysis showing how the State plan for
implementing tolls on the facility takes into account the
interests and use of local, regional, and interstate
travelers.
``(F) An explanation of how the State will collect tolls
using electronic toll collection, including at highway
speeds, if practicable.
``(G) A plan describing the proposed location for the
collection of tolls on the facility, including any locations
in proximity to a State border.
``(H) Approved documentation that the project--
``(i) has received a categorical exclusion, a finding of no
significant impact, or a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
[[Page S5750]]
``(ii) complies with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).'';
(2) by striking paragraphs (4) and (6);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4)(as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``Before the Secretary may permit'' and inserting ``As a
condition of permitting'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``for--
'' and inserting ``for permissible uses described in section
129(a)(3) of title 23, United States Code; and''; and
(ii) by striking clauses (i) through (iii);
(5) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Application processing procedure.--
``(A) In general.--Not later than 60 days after receipt of
an application under this subsection, the Secretary shall
provide to the applicant a written notice informing the
applicant whether--
``(i) the application is complete and meets all
requirements under this subsection; or
``(ii) additional information or materials are needed--
``(I) to complete the application; or
``(II) to meet the eligibility requirements under paragraph
(3).
``(B) Additional information or materials.--
``(i) In general.--Not later than 60 days after receipt of
an application, the Secretary shall--
``(I) identify any additional information or materials that
are needed under subparagraph (A)(ii); and
``(II) provide to the applicant written notice specifying
the details of the additional required information or
materials.
``(ii) Amended application.--Not later than 60 days after
receipt of the additional information under clause (i), the
Secretary shall determine if the amended application is
complete and meets all requirements under this subsection.
``(C) Technical assistance.--On the request of a State, the
Secretary shall provide technical assistance to facilitate
the development of a complete application under this
paragraph that is likely to satisfy the eligibility criteria
under paragraph (3).
``(D) Approval of application.--On written notice by the
Secretary that the application is complete and meets all
requirements of this subsection, the project is considered
approved and shall be permitted to participate in the program
under this subsection.
``(E) Limitation on approved application.--
``(i) In general.--For an application received under this
subsection on or after the date of enactment of the DRIVE Act
for the reconstruction or rehabilitation of a facility, a
State shall--
``(I) not later than 1 year after the date on which the
application is approved, issue a solicitation for a contract
to provide for the reconstruction or rehabilitation of the
facility; and
``(II) not later than 2 years after the date on which the
application is approved, execute a contract for the
reconstruction or rehabilitation of the facility.
``(ii) Prior applications.--For an application that
received a conditional provisional approval under this
subsection before the date of enactment of the DRIVE Act, for
the reconstruction or rehabilitation of a facility, a State
shall--
``(I) not later than 1 year after the date of enactment of
the DRIVE Act, issue a solicitation for a contract to provide
for the reconstruction or rehabilitation of the facility; and
``(II) not later than 2 years after the date of enactment
of the DRIVE Act, execute a contract for the reconstruction
or rehabilitation of the facility.
``(iii) Cancellation or extension.--If an applicable
deadline under clause (i) or (ii) is not met, the Secretary
shall--
``(I) cancel the application approval; or
``(II) grant an extension of not more than 1 year for the
applicable deadline, on the condition that--
``(aa) there has been demonstrable progress toward meeting
the applicable requirements; and
``(bb) the requirements are likely to be met within 1 year.
``(6) Limitation on the use of national highway performance
program funds.--During the term of the pilot program, funds
apportioned for the national highway performance program
under section 104(b)(1) of title 23, United States Code, may
not be used for a facility for which tolls are being
collected under the pilot program unless the funds are used
for a maintenance purpose, as defined in section 101(a) of
title 23, United States Code.'';
(6) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(7) by inserting after paragraph (6) the following:
``(7) Withdrawal.--A State may elect to withdraw
participation of the State in the pilot program at any
time.''; and
(8) in paragraph (8) (as redesignated by paragraph (6)), by
inserting ``after the date of enactment of the DRIVE Act''
after ``10 years''.
SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.
(a) Eligibility.--Section 125(d)(3) of title 23, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) projects eligible for assistance under this section
located on tribal transportation facilities, Federal lands
transportation facilities, or other federally owned roads
that are open to public travel (as defined in subsection
(e)(1)).''.
(b) Definition.--Section 125(e) of title 23, United States
Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Definitions.--In this subsection:
``(A) Open to public travel.--The term `open to public
travel' means, with respect to a road, that, except during
scheduled periods, extreme weather conditions, or
emergencies, the road--
``(i) is maintained;
``(ii) is open to the general public; and
``(iii) can accommodate travel by a standard passenger
vehicle, without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of registration.
``(B) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
SEC. 11021. BRIDGES REQUIRING CLOSURE OR LOAD RESTRICTIONS.
Section 144(h) of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Bridges requiring closure or load restrictions.--
``(A) Bridges owned by federal agencies or tribal
governments.--If a Federal agency or tribal government fails
to ensure that any highway bridge that is open to public
travel and located in the jurisdiction of the Federal agency
or tribal government is properly closed or restricted to
loads that the bridge can carry safely, the Secretary--
``(i) shall, on learning of the need to close or restrict
loads on the bridge, require the Federal agency or tribal
government to take action necessary--
``(I) to close the bridge within 48 hours; or
``(II) within 30 days, to restrict public travel on the
bridge to loads that the bridge can carry safely; and
``(ii) may, if the Federal agency or tribal government
fails to take action required under clause (i), withhold all
funding authorized under this title for the Federal agency or
tribal government.''.
``(B) Other bridges.--If a State fails to ensure that any
highway bridge, other than a bridge described in subparagraph
(A), that is open to public travel and is located within the
boundaries of the State is properly closed or restricted to
loads the bridge can carry safely, the Secretary--
``(i) shall, on learning of the need to close or restrict
loads on the bridge, require the State to take action
necessary--
``(I) to close the bridge within 48 hours; or
``(II) within 30 days, to restrict public travel on the
bridge to loads that the bridge can carry safely; and
``(ii) may, if the State fails to take action required
under clause (i), withhold approval for Federal-aid projects
in that State.''; and
(3) in paragraph (8) (as redesignated by paragraph (1)), by
striking ``(6)'' and inserting ``(7)''.
SEC. 11022. NATIONAL ELECTRIC VEHICLE CHARGING AND NATURAL
GAS FUELING CORRIDORS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 150 the following:
``Sec. 151. National electric vehicle charging and natural
gas fueling corridors
``(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall designate
national electric vehicle charging and natural gas fueling
corridors that identify the near- and long-term need for, and
location of, electric vehicle charging infrastructure and
natural gas fueling infrastructure at strategic locations
along major national highways to improve the mobility of
passenger and commercial vehicles that employ electric and
natural gas fueling technologies across the United States.
``(b) Designation of Corridors.--In designating the
corridors under subsection (a), the Secretary shall--
``(1) solicit nominations from State and local officials
for facilities to be included in the corridors;
``(2) incorporate existing electric vehicle charging and
natural gas fueling corridors designated by a State or group
of States; and
``(3) consider the demand for, and location of, existing
electric vehicle charging and natural gas fueling
infrastructure.
``(c) Stakeholders.--In designating corridors under
subsection (a), the Secretary shall involve, on a voluntary
basis, stakeholders that include--
``(1) the heads of other Federal agencies;
``(2) State and local officials;
``(3) representatives of--
``(A) energy utilities;
``(B) the electric and natural gas vehicle industries;
``(C) the freight and shipping industry;
``(D) clean technology firms;
``(E) the hospitality industry;
``(F) the restaurant industry; and
``(G) highway rest stop vendors; and
[[Page S5751]]
``(4) such other stakeholders as the Secretary determines
to be necessary.
``(d) Redesignation.--Not later than 5 years after the date
of establishment of the corridors under subsection (a), and
every 5 years thereafter, the Secretary shall update and
redesignate the corridors.
``(e) Report.--During designation and redesignation of the
corridors under this section, the Secretary shall issue a
report that--
``(1) identifies electric vehicle charging and natural gas
fueling infrastructure and standardization needs for
electricity providers, natural gas providers, infrastructure
providers, vehicle manufacturers, electricity purchasers, and
natural gas purchasers; and
``(2) establishes an aspirational goal of achieving
strategic deployment of electric vehicle charging and natural
gas fueling infrastructure in those corridors by the end of
fiscal year 2021.''.
(b) Conforming Amendment.--The analysis of chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 151 and inserting the following:
``151. National Electric Vehicle Charging and Natural Gas Fueling
Corridors.''.
SEC. 11023. ASSET MANAGEMENT.
(a) Section 119 of title 23, United States Code, is
amended--
(1) in subsection (f)(2)--
(A) in subparagraph (A), by striking ``structurally
deficient'' and inserting ``being in poor condition''; and
(B) in subparagraph (B), by striking ``structurally
deficient'' and inserting ``being in poor condition''; and
(2) by adding at the end the following:
``(h) Critical Infrastructure.--
``(1) Definition of critical infrastructure.--In this
subsection, the term `critical infrastructure' means those
facilities the incapacity or failure of which would have a
debilitating impact on national or regional economic
security, national or regional energy security, national or
regional public health or safety, or any combination of those
matters.
``(2) Designation.--The asset management plan of a State
developed pursuant to subsection (e) may include a
designation of a critical infrastructure network of
facilities from among those facilities in the State that are
eligible under subsection (c).
``(3) Risk reduction.--A State may use funds apportioned
under this section for projects intended to reduce the risk
of failure of facilities designated as being on the critical
infrastructure network of the State.''.
(b) Section 144 of title 23, United States Code, is
amended--
(1) in subsection (a)(1)(B), by striking ``deficient''; and
(2) in subsection (b)(5), by striking ``each structurally
deficient bridge'' and inserting ``each bridge in poor
condition''.
(c) Section 202(d) of title 23, United States Code, is
amended--
(1) in paragraph (1), by striking ``deficient'';
(2) in paragraph (2)(B), by striking ``deficient''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking the semicolon at the
end and inserting ``; and'';
(B) in subparagraph (B), by striking ``; and'' at the end
and inserting a period; and
(C) by striking subparagraph (C).
SEC. 11024. TRIBAL TRANSPORTATION PROGRAM AMENDMENT.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (a)(6), by striking ``6 percent'' and
inserting ``5 percent''; and
(2) in subsection (d)(2), in the matter preceding
subparagraph (A) by striking ``2 percent'' and inserting ``3
percent''.
SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.
(a) Purpose.--The Secretary shall establish a nationally
significant Federal lands and tribal projects program
(referred to in this section as the ``program'') to provide
funding to construct, reconstruct, or rehabilitate nationally
significant Federal lands and tribal transportation projects.
(b) Eligible Applicants.--
(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 of title 23, United States Code, may apply for
funding under the program.
(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal land management agency or
Indian tribe.
(c) Eligible Projects.--An eligible project under the
program shall be a single continuous project--
(1) on a Federal lands transportation facility, a Federal
lands access transportation facility, or a Tribal
transportation facility (as those terms are defined in
section 101 of title 23, United States Code), except that
such facility is not required to be included on an inventory
described in sections 202 or 203 of title 23, United States
Code;
(2) for which completion of activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been demonstrated through--
(A) a record of decision with respect to the project;
(B) a finding that the project has no significant impact;
or
(C) a determination that the project is categorically
excluded; and
(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding $25,000,0000,
with priority consideration given to projects with an
estimated cost equal to or exceeding $50,000,000.
(d) Eligible Activities.--
(1) In general.--Subject to paragraph (2), an eligible
applicant receiving funds under the program may only use the
funds for construction, reconstruction, and rehabilitation
activities.
(2) Ineligible activities.--An eligible applicant may not
use funds received under the program for activities relating
to project design.
(e) Applications.--Eligible applicants shall submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
(f) Selection Criteria.--In selecting a project to receive
funds under the program, the Secretary shall consider the
extent to which the project--
(1) furthers the goals of the Department, including state
of good repair, environmental sustainability, economic
competitiveness, quality of life, and safety;
(2) improves the condition of critical multimodal
transportation facilities;
(3) needs construction, reconstruction, or rehabilitation;
(4) is included in or eligible for inclusion in the
National Register of Historic Places;
(5) enhances environmental ecosystems;
(6) uses new technologies and innovations that enhance the
efficiency of the project;
(7) is supported by funds, other than the funds received
under the program, to construct, maintain, and operate the
facility;
(8) spans 2 or more States; and
(9) serves land owned by multiple Federal agencies or
Indian tribes.
(g) Federal Share.--The Federal share of the cost of a
project shall be 95 percent.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $150,000,000 for
each of fiscal years 2016 through 2021, to remain available
for a period of 3 fiscal years following the fiscal year for
which the amounts were appropriated.
SEC. 11026. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.
Section 201(c) of title 23, United States Code, is
amended--
(1) in paragraph (6)(A)--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretaries'' and inserting
the following:
``(i) In general.--The Secretaries'';
(C) by inserting a period after ``tribal transportation
program''; and
(D) by striking ``in accordance with'' and all that follows
through ``including--'' and inserting the following:
``(ii) Requirement.--Data collected to implement the tribal
transportation program shall be in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
``(iii) Inclusions.--Data collected under this paragraph
includes--''; and
(2) by striking paragraph (7) and inserting the following--
``(7) Cooperative research and technology deployment.--The
Secretary may conduct cooperative research and technology
deployment in coordination with Federal land management
agencies, as determined appropriate by the Secretary.
``(8) Funding.--
``(A) In general.--To carry out the activities described in
this subsection for Federal lands transportation facilities,
Federal lands access transportation facilities, and other
federally owned roads open to public travel (as that term is
defined in section 125(e)), the Secretary shall combine and
use not greater than 5 percent for each fiscal year of the
funds authorized for programs under sections 203 and 204.
``(B) Other activities.--In addition to the activities
described in subparagraph (A), funds described under that
subparagraph may be used for--
``(i) bridge inspections on any federally owned bridge even
if that bridge is not included on the inventory described
under section 203; and
``(ii) transportation planning activities carried out by
Federal land management agencies eligible for funding under
this chapter.''.
SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203 of title 23, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``operation'' and
inserting ``capital, operations,''; and
(B) in subparagraph (D), by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph (A)(iv)(I)'';
(2) in subsection (b)--
(A) in paragraph (1)(B)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) in clause (v), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(vi) the Bureau of Reclamation; and
``(vii) independent Federal agencies with natural resource
and land management responsibilities.''; and
(B) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ``performance
[[Page S5752]]
management, including'' after ``support''; and
(3) in subsection (c)(2)(B), by adding at the end the
following:
``(vi) The Bureau of Reclamation.''.
SEC. 11028. INNOVATIVE PROJECT DELIVERY.
Section 120(c)(3) of title 23, United States Code, is
amended--
(1) in subparagraph (A)(ii)--
(A) by inserting ``engineering or design approaches,''
after ``technologies,''; and
(B) by striking ``or contracting'' and inserting ``or
contracting or project delivery''; and
(2) in subparagraph (B)(iii), by inserting ``and
alternative bidding'' before the semicolon at the end.
SEC. 11029. OBLIGATION AND RELEASE OF FUNDS.
Section 118(c)(2) of title 23, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``Any funds'' and inserting the following:
``(A) In general.--Any funds'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(3) by adding at the end the following:
``(B) Same class of funds no longer authorized.--If the
same class of funds described in subparagraph (A)(i) is no
longer authorized in the most recent authorizing law, the
funds may be credited to a similar class of funds, as
determined by the Secretary.''.
Subtitle B--Acceleration of Project Delivery
SEC. 11101. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED
FEDERAL ASSISTANCE.
Section 1317 of MAP-21 (23 U.S.C. 109 note; Public Law 112-
141) is amended--
(1) in the matter preceding paragraph (1), by striking
``Not later than'' and inserting the following:
``(a) In General.--Not later than''; and
(2) by adding at the end the following:
``(b) Inflationary Adjustment.--The dollar amounts
described in subsection (a) shall be adjusted for inflation--
``(1) effective October 1, 2015, to reflect changes since
July 1, 2012, in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor; and
``(2) effective October 1, 2016, and each succeeding
October 1, to reflect changes for the preceding 12-month
period in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.''.
SEC. 11102. PROGRAMMATIC AGREEMENT TEMPLATE.
(a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109
note; Public Law 112-141) is amended by adding at the end the
following:
``(e) Programmatic Agreement Template.--
``(1) In general.--The Secretary shall develop a template
programmatic agreement described in subsection (d) that
provides for efficient and adequate procedures for evaluating
Federal actions described in section 771.117(c) of title 23,
Code of Federal Regulations (as in effect on the date of
enactment of this subsection).
``(2) Use of template.--The Secretary--
``(A) on receipt of a request from a State, shall use the
template programmatic agreement developed under paragraph (1)
in carrying out this section; and
``(B) on consent of the applicable State, may modify the
template as necessary to address the unique needs and
characteristics of the State.
``(3) Outcome measurements.--The Secretary shall establish
a method to verify that actions described in section
771.117(c) of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this subsection), are
evaluated and documented in a consistent manner by the State
that uses the template programmatic agreement under this
subsection.''.
(b) Categorical Exclusion Determinations.--Not later than
30 days after the date of enactment of this Act, the
Secretary shall revise section 771.117(g) of title 23, Code
of Federal Regulations, to allow a programmatic agreement
under this section to include responsibility for making
categorical exclusion determinations--
(1) for actions described in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations; and
(2) that meet the criteria for a categorical exclusion
under section 1508.4 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), and are
identified in the programmatic agreement.
SEC. 11103. AGENCY COORDINATION.
(a) Roles and Responsibility of Lead Agency.--Section
139(c)(6) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) to consider and respond to comments received from
participating agencies on matters within the special
expertise or jurisdiction of the participating agencies.''.
(b) Participating Agency Responsibilities.--Section 139(d)
of title 23, United States Code, is amended by adding at the
end the following:
``(8) Participating agency responsibilities.--An agency
participating in the collaborative environmental review
process under this section shall--
``(A) provide comments, responses, studies, or
methodologies on those areas within the special expertise or
jurisdiction of the Federal participating or cooperating
agency; and
``(B) use the process to address any environmental issues
of concern to the participating or cooperating agency.''.
SEC. 11104. INITIATION OF ENVIRONMENTAL REVIEW PROCESS.
Section 139 of title 23, United States Code, is amended--
(1) in subsection (a), by striking paragraph (6) and
inserting the following:
``(6) Project.--
``(A) In general.--The term `project' means any highway
project, public transportation capital project, or multimodal
project that, if implemented as proposed by the project
sponsor, would require approval by any operating
administration or secretarial office within the Department.
``(B) Considerations.--For purposes of this paragraph, the
Secretary shall take into account, if known, any sources of
Federal funding or financing identified by the project
sponsor, including discretionary grant, loan, and loan
guarantee programs administered by the Department.'';
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``(including any
additional information that the project sponsor considers to
be important to initiate the process for the proposed
project)'' after ``location of the proposed project''; and
(B) by adding at the end the following:
``(3) Review of application.--Not later than 45 days after
the date on which an application is received by the Secretary
under this subsection, the Secretary shall provide to the
project sponsor a written response that, as applicable--
``(A) describes the determination of the Secretary--
``(i) to initiate the environmental review process,
including a timeline and an expected date for the publication
in the Federal Register of the relevant notice of intent; or
``(ii) to decline the application, including an explanation
of the reasons for that decision; or
``(B) requests additional information, and provides to the
project sponsor an accounting, regarding what is necessary to
initiate the environmental review process.
``(4) Request to designate a lead agency.--
``(A) In general.--Any project sponsor may submit a request
to the Secretary to designate a specific operating
administration or secretarial office within the Department of
Transportation to serve as the Federal lead agency for a
project.
``(B) Proposed schedule.--A request under subparagraph (A)
may include a proposed schedule for completing the
environmental review process.
``(C) Secretarial action.--
``(i) In general.--If a request under subparagraph (A) is
received, the Secretary shall respond to the request not
later than 45 days after the date of receipt.
``(ii) Requirements.--The response shall--
``(I) approve the request;
``(II) deny the request, with an explanation of the
reasons; or
``(III) require the submission of additional information.
``(iii) Additional information.--If additional information
is submitted in accordance with clause (ii)(III), the
Secretary shall respond to that submission not later than 45
days after the date of receipt.''; and
(3) in subsection (f)(4), by adding at the end the
following:
``(E) Reduction of duplication.--
``(i) In general.--In carrying out this paragraph, the lead
agency shall reduce duplication, to the maximum extent
practicable, between--
``(I) the evaluation of alternatives under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
``(II) the evaluation of alternatives in the metropolitan
transportation planning process under section 134 of title
23, United States Code, or an environmental review process
carried out under State law (referred to in this subparagraph
as a `State environmental review process').
``(ii) Consideration of alternatives.--The lead agency may
eliminate from detailed consideration an alternative proposed
in an environmental impact statement regarding a project if,
as determined by the lead agency--
``(I) the alternative was considered in a metropolitan
planning process or a State environmental review process by a
metropolitan planning organization or a State or local
transportation agency, as applicable;
``(II) the lead agency provided guidance to the
metropolitan planning organization or State or local
transportation agency, as applicable, regarding analysis of
alternatives in the metropolitan planning process or State
environmental review process, including guidance on the
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and any other requirements of
Federal law necessary for approval of the project;
``(III) the applicable metropolitan planning process or
State environmental review process included an opportunity
for public review and comment;
``(IV) the applicable metropolitan planning organization or
State or local transportation agency rejected the alternative
after considering public comments;
[[Page S5753]]
``(V) the Federal lead agency independently reviewed the
alternative evaluation approved by the applicable
metropolitan planning organization or State or local
transportation agency; and
``(VI) the Federal lead agency has determined--
``(aa) in consultation with Federal participating or
cooperating agencies, that the alternative to be eliminated
from consideration is not necessary for compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
``(bb) with the concurrence of Federal agencies with
jurisdiction over a permit or approval required for a
project, that the alternative to be eliminated from
consideration is not necessary for any permit or approval
under any other Federal law.''.
SEC. 11105. IMPROVING COLLABORATION FOR ACCELERATED DECISION
MAKING.
(a) Coordination and Scheduling.--Section 139(g)(1)(B)(i)
of title 23, United States Code, is amended--
(1) by striking ``The lead agency'' and inserting ``For a
project requiring an environmental impact statement or
environmental assessment, the lead agency''; and
(2) by striking ``may'' and inserting ``shall''.
(b) Issue Identification and Resolution.--Section 139(h) of
title 23, United States Code, is amended--
(1) in paragraph (4)(C), by striking ``paragraph (5) and''
and inserting ``paragraph (5)'';
(2) in paragraph (5)(A)(ii)(I), by inserting ``, including
modifications to the project schedule'' after ``review
process''; and
(3) in paragraph (6)(B), by striking clause (ii) and
inserting the following:
``(ii) Description of date.--The date referred to in clause
(i) is 1 of the following:
``(I) The date that is 30 days after the date for rendering
a decision as described in the project schedule established
pursuant to subsection (g)(1)(B).
``(II) If no schedule exists, the later of--
``(aa) the date that is 180 days after the date on which an
application for the permit, license or approval is complete;
or
``(bb) the date that is 180 days after the date on which
the Federal lead agency issues a decision on the project
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(III) A modified date consistent with subsection
(g)(1)(D).''.
SEC. 11106. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.
(a) In General.--Section 139 of title 23, United States
Code, is amended by adding at the end the following:
``(n) Accelerated Decisionmaking in Environmental
Reviews.--
``(1) In general.--In preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies
the statement in response to comments that are minor and are
confined to factual corrections or explanations regarding why
the comments do not warrant additional agency response, the
lead agency may write on errata sheets attached to the
statement instead of rewriting the draft statement, subject
to the condition that the errata sheets shall--
``(A) cite the sources, authorities, or reasons that
support the position of the lead agency; and
``(B) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(2) Incorporation.--To the maximum extent practicable,
the lead agency shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision, unless--
``(A) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
``(B) there are significant new circumstances or
information that--
``(i) are relevant to environmental concerns; and
``(ii) bear on the proposed action or the impacts of the
proposed action.''.
(b) Repeal.--Section 1319 of MAP-21 (42 U.S.C. 4332a) is
repealed.
SEC. 11107. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
Section 139 of title 23, United States Code (as amended by
section 11106(a)), is amended by adding at the end the
following:
``(o) Reviews, Approvals, and Permitting Platform.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall establish
an online platform and, in coordination with agencies
described in paragraph (2), issue reporting standards to make
publicly available the status of reviews, approvals, and
permits required for compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
other applicable Federal laws for projects and activities
requiring an environmental assessment or an environmental
impact statement.
``(2) Federal agency participation.--A Federal agency of
jurisdiction over a review, approval, or permit described in
paragraph (1) shall provide status information in accordance
with the standards established by the Secretary under
paragraph (1).
``(3) State responsibilities.--A State that is assigned and
assumes responsibilities under section 326 or 327 shall
provide applicable status information in accordance with
standards established by the Secretary under paragraph
(1).''.
SEC. 11108. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
Section 168 of title 23, United States Code, is amended to
read as follows:
``Sec. 168. Integration of planning and environmental review
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Environmental review process.--The term
`environmental review process' means the process for
preparing for a project an environmental impact statement,
environmental assessment, categorical exclusion, or other
document prepared under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(2) Lead agency.--The term `lead agency' has the meaning
given the term in section 139(a).
``(3) Planning product.--The term `planning product' means
a decision, analysis, study, or other documented information
that is the result of an evaluation or decisionmaking process
carried out by a metropolitan planning organization or a
State, as appropriate, during metropolitan or statewide
transportation planning under section 134 or 135,
respectively.
``(4) Project.--The term `project' has the meaning given
the term in section 139(a).
``(b) Adoption of Planning Products for Use in NEPA
Proceedings.--
``(1) In general.--Subject to subsection (d), the Federal
lead agency for a project may adopt and use a planning
product in proceedings relating to any class of action in the
environmental review process of the project.
``(2) Identification.--If the Federal lead agency makes a
determination to adopt and use a planning product, the
Federal lead agency shall identify the agencies that
participated in the development of the planning products.
``(3) Partial adoption of planning products.--The Federal
lead agency may--
``(A) adopt an entire planning product under paragraph (1);
or
``(B) select portions of a planning project under paragraph
(1) for adoption.
``(4) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product may--
``(A) be made at the time the lead agencies decide the
appropriate scope of environmental review for the project; or
``(B) occur later in the environmental review process, as
appropriate.
``(c) Applicability.--
``(1) Planning decisions.--The lead agency in the
environmental review process may adopt decisions from a
planning product, including--
``(A) whether tolling, private financial assistance, or
other special financial measures are necessary to implement
the project;
``(B) a decision with respect to general travel corridor or
modal choice, including a decision to implement corridor or
subarea study recommendations to advance different modal
solutions as separate projects with independent utility;
``(C) the purpose and the need for the proposed action;
``(D) preliminary screening of alternatives and elimination
of unreasonable alternatives;
``(E) a basic description of the environmental setting;
``(F) a decision with respect to methodologies for
analysis; and
``(G) an identification of programmatic level mitigation
for potential impacts of transportation projects, including--
``(i) measures to avoid, minimize, and mitigate impacts at
a regional or national scale;
``(ii) investments in regional ecosystem and water
resources; and
``(iii) a programmatic mitigation plan developed in
accordance with section 169.
``(2) Planning analyses.--The lead agency in the
environmental review process may adopt analyses from a
planning product, including--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally sensitive
areas;
``(G) potential environmental effects, including the
identification of resources of concern and potential indirect
and cumulative effects on those resources; and
``(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects that the
Federal lead agency determines are most effectively addressed
at a regional or national program level.
``(d) Conditions.--The lead agency in the environmental
review process may adopt and use a planning product under
this section if the lead agency determines, with the
concurrence of other participating agencies with relevant
expertise and project sponsors, as appropriate, that the
following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning product was developed in consultation
with appropriate Federal and State resource agencies and
Indian tribes.
``(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide
transportation needs and potential effects, including effects
on the human and natural environment.
[[Page S5754]]
``(4) The planning process included public notice that the
planning products produced in the planning process may be
adopted during a subsequent environmental review process in
accordance with this section.
``(5) During the environmental review process, the lead
agency has--
``(A) made the planning documents available for public
review and comment;
``(B) provided notice of the intention of the lead agency
to adopt the planning product; and
``(C) considered any resulting comments.
``(6) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting
the continued validity or appropriateness of the planning
product.
``(7) The planning product has a rational basis and is
based on reliable and reasonably current data and reasonable
and scientifically acceptable methodologies.
``(8) The planning product is documented in sufficient
detail to support the decision or the results of the analysis
and to meet requirements for use of the information in the
environmental review process.
``(9) The planning product is appropriate for adoption and
use in the environmental review process for the project and
is incorporated in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section
1502.21 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the DRIVE Act).
``(e) Effect of Adoption.--Any planning product adopted by
the Federal lead agency in accordance with this section may
be--
``(1) incorporated directly into an environmental review
process document or other environmental document; and
``(2) relied on and used by other Federal agencies in
carrying out reviews of the project.
``(f) Rules of Construction.--
``(1) In general.--This section does not make the
environmental review process applicable to the transportation
planning process conducted under this title and chapter 53 of
title 49.
``(2) Transportation planning activities.--Initiation of
the environmental review process as a part of, or
concurrently with, transportation planning activities does
not subject transportation plans and programs to the
environmental review process.
``(3) Planning products.--This section does not affect the
use of planning products in the environmental review process
pursuant to other authorities under any other provision of
law or restrict the initiation of the environmental review
process during planning.''.
SEC. 11109. USE OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is
amended--
(1) by striking ``may use'' and inserting ``shall
consider''; and
(2) by inserting ``or other Federal environmental law''
before the period at the end.
SEC. 11110. ADOPTION OF DEPARTMENTAL ENVIRONMENTAL DOCUMENTS.
(a) In General.--Title 49, United States Code, is amended
by inserting after section 306 the following:
``Sec. 307. Adoption of Departmental environmental documents
``(a) In General.--An operating administration or
secretarial office within the Department may adopt any draft
environmental impact statement, final environmental impact
statement, environmental assessment, or any other document
issued under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) by another operating administration
or secretarial office within the Department--
``(1) without recirculating the document (except that a
final environmental impact statement shall be recirculated
prior to adoption); and
``(2) if the operating administration or secretarial office
adopting the document certifies that the project is
substantially the same as the project reviewed under the
document to be adopted.
``(b) Cooperating Agency.--An adopting operating
administration or secretarial office that was a cooperating
agency and certifies that the project is substantially the
same as the project reviewed under the document to be adopted
and that its comments and suggestions have been addressed may
adopt a document described in subsection (a) without
recirculating the document.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 49, United States Code, is amended by striking the item
relating to section 307 and inserting the following:
``Sec. 307. Adoption of Departmental environmental documents.''.
SEC. 11111. TECHNICAL ASSISTANCE FOR STATES.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Assistance to states.--On request of a Governor of a
State, the Secretary shall provide to the State technical
assistance, training, or other support relating to--
``(A) assuming responsibility under subsection (a);
``(B) developing a memorandum of understanding under this
subsection; or
``(C) addressing a responsibility in need of corrective
action under subsection (d)(1)(B).''; and
(2) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program, if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) a notification of the determination of noncompliance;
``(ii) a period of not less than 120 days to take such
corrective action as the Secretary determines to be necessary
to comply with the applicable agreement; and
``(iii) on request of the Governor of the State, a detailed
description of each responsibility in need of corrective
action regarding an inadequacy identified under subparagraph
(A); and
``(C) the State, after the notification and period
described in clauses (i) and (ii) of subparagraph (B), fails
to take satisfactory corrective action, as determined by the
Secretary.''.
SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327(j) of title 23, United States Code, is amended
by striking paragraph (1) and inserting the following:
``(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) a notification of the determination of noncompliance;
``(ii) a period of not less than 120 days to take such
corrective action as the Secretary determines to be necessary
to comply with the applicable agreement; and
``(iii) on request of the Governor of the State, a detailed
description of each responsibility in need of corrective
action regarding an inadequacy identified under subparagraph
(A); and
``(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by the Secretary.''.
SEC. 11113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL PROJECTS.
(a) Multimodal Project Defined.--Section 139(a) of title
23, United States Code, is amended by striking paragraph (5)
and inserting the following:
``(5) Multimodal project.--The term `multimodal project'
means a project that requires approval by more than 1
Department of Transportation operating administration or
secretarial office.''.
(b) Application of Categorical Exclusions for Multimodal
Projects.--Section 304 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``operating authority
that is not the lead authority with respect to a project''
and inserting ``operating administration or secretarial
office that has expertise but is not the lead authority with
respect to a proposed multimodal project''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) for a proposed multimodal
project.'';
(2) in subsection (b), by striking ``under this title'' and
inserting ``by the Secretary of Transportation'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a categorical exclusion designated under
the implementing regulations or'' and inserting ``a
categorical exclusion designated under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
implementing regulations or''; and
(ii) by striking ``other components of the'' and inserting
``a proposed multimodal''; and
(B) by striking paragraphs (1) through (5) and inserting
the following:
``(1) the lead authority makes a determination, in
consultation with the cooperating authority, on the
applicability of a categorical exclusion to a proposed
multimodal project;
``(2) the cooperating authority does not object to the
determination of the lead authority of the applicability of a
categorical exclusion;
``(3) the lead authority determines that the component of
the proposed multimodal project to be covered by the
categorical exclusion of the cooperating authority has
independent utility; and
``(4) the lead authority determines that--
``(A) the proposed multimodal project does not individually
or cumulatively have a significant impact on the environment;
and
``(B) extraordinary circumstances do not exist that merit
additional analysis and documentation in an environmental
impact statement or environmental assessment required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).''; and
(4) by striking subsection (d) and inserting the following:
``(d) Cooperative Authority Expertise.--A cooperating
authority shall provide expertise to the lead authority on
aspects of the multimodal project in which the cooperating
authority has expertise.''.
[[Page S5755]]
SEC. 11114. MODERNIZATION OF THE ENVIRONMENTAL REVIEW
PROCESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall examine ways to
modernize, simplify, and improve the implementation of the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.) by the Department.
(b) Inclusions.--In carrying out subsection (a), the
Secretary shall consider--
(1) the use of technology in the process, such as--
(A) searchable databases;
(B) geographic information system mapping tools;
(C) integration of those tools with fiscal management
systems to provide more detailed data; and
(D) other innovative technologies;
(2) ways to prioritize use of programmatic environmental
impact statements;
(3) methods to encourage cooperating agencies to present
analyses in a concise format; and
(4) any other improvements that can be made to modernize
process implementation.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of
the review carried out under subsection (a).
SEC. 11115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR
RELIGIOUS SERVICE SIGNS.
Notwithstanding section 131 of title 23, United States
Code, and part 750 of title 23, Code of Federal Regulations
(or successor regulations), a State may allow the maintenance
of a sign of a service club, charitable association, or
religious service that was erected as of the date of
enactment of this Act, the area of which is less than or
equal to 32 square feet, if the State notifies the Federal
Highway Administration.
SEC. 11116. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC
SITES.
(a) Highways.--Section 138 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Satisfaction of Requirements for Certain Historic
Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, with the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4231 et seq.) and section 306108 of title 54,
including implementing regulations; and
``(B) not later than 90 days after the date of enactment of
this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory Council
on Historic Preservation (referred to in this subsection as
the `Council') to establish procedures to satisfy the
requirements described in subparagraph (A) (including
regulations).
``(2) Avoidance alternative analysis.--
``(A) In general.--If, in an analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.), the Secretary determines that there is no feasible or
prudent alternative to avoid use of an historic site, the
Secretary may--
``(i) include the determination of the Secretary in the
analysis required under that Act;
``(ii) provide a notice of the determination to--
``(I) each applicable State historic preservation officer
and tribal historic preservation officer;
``(II) the Council, if the Council is participating in the
consultation process under section 306108 of title 54; and
``(III) the Secretary of the Interior; and
``(iii) request from the applicable preservation officer,
the Council, and the Secretary of the Interior a concurrence
that the determination is sufficient to satisfy the
requirement of subsection (a)(1).
``(B) Concurrence.--If the applicable preservation officer,
the Council, and the Secretary of the Interior each provide a
concurrence requested under subparagraph (A)(iii), no further
analysis under subsection (a)(1) shall be required.
``(C) Publication.--A notice of a determination, together
with each relevant concurrence to that determination, under
subparagraph (A) shall be--
``(i) included in the record of decision or finding of no
significant impact of the Secretary; and
``(ii) posted on an appropriate Federal website by not
later than 3 days after the date of receipt by the Secretary
of all concurrences requested under subparagraph (A)(iii).
``(3) Aligning historical reviews.--
``(A) In general.--If the Secretary, the applicable
preservation officer, the Council, and the Secretary of the
Interior concur that no feasible and prudent alternative
exists as described in paragraph (2), the Secretary may
provide to the applicable preservation officer, the Council,
and the Secretary of the Interior notice of the intent of the
Secretary to satisfy the requirements of subsection (a)(2)
through the consultation requirements of section 306108 of
title 54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of subsection (a)(2), each individual described
in paragraph (2)(A)(ii) shall concur in the treatment of the
applicable historic site described in the memorandum of
agreement or programmatic agreement developed under section
306108 of title 54.''.
(b) Public Transportation.--Section 303 of title 49, United
States Code, is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsections (d) and (e)''; and
(2) by adding at the end the following:
``(e) Satisfaction of Requirements for Certain Historic
Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, the
requirements of this section with the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.) and section 306108 of title 54, including implementing
regulations; and
``(B) not later than 90 days after the date of enactment of
this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory Council
on Historic Preservation (referred to in this subsection as
the `Council') to establish procedures to satisfy the
requirements described in subparagraph (A) (including
regulations).
``(2) Avoidance alternative analysis.--
``(A) In general.--If, in an analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.), the Secretary determines that there is no feasible or
prudent alternative to avoid use of an historic site, the
Secretary may--
``(i) include the determination of the Secretary in the
analysis required under that Act;
``(ii) provide a notice of the determination to--
``(I) each applicable State historic preservation officer
and tribal historic preservation officer;
``(II) the Council, if the Council is participating in the
consultation process under section 306108 of title 54; and
``(III) the Secretary of the Interior; and
``(iii) request from the applicable preservation officer,
the Council, and the Secretary of the Interior a concurrence
that the determination is sufficient to satisfy the
requirement of subsection (c)(1).
``(B) Concurrence.--If the applicable preservation officer,
the Council, and the Secretary of the Interior each provide a
concurrence requested under subparagraph (A)(iii), no further
analysis under subsection (a)(1) shall be required.
``(C) Publication.--A notice of a determination, together
with each relevant concurrence to that determination, under
subparagraph (A) shall be--
``(i) included in the record of decision or finding of no
significant impact of the Secretary; and
``(ii) posted on an appropriate Federal website by not
later than 3 days after the date of receipt by the Secretary
of all concurrences requested under subparagraph (A)(iii).
``(3) Aligning historical reviews.--
``(A) In general.--If the Secretary, the applicable
preservation officer, the Council, and the Secretary of the
Interior concur that no feasible and prudent alternative
exists as described in paragraph (2), the Secretary may
provide to the applicable preservation officer, the Council,
and the Secretary of the Interior notice of the intent of the
Secretary to satisfy the requirements of subsection (c)(2)
through the consultation requirements of section 306108 of
title 54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of subsection (c)(2), the applicable
preservation officer, the Council, and the Secretary of the
Interior shall concur in the treatment of the applicable
historic site described in the memorandum of agreement or
programmatic agreement developed under section 306108 of
title 54.''.
SEC. 11117. BRIDGE EXEMPTION FROM CONSIDERATION UNDER CERTAIN
PROVISIONS.
(a) Preservation of Parklands.--Section 138 of title 23,
United States Code, as amended by section 11116, is amended
by adding at the end the following:
``(d) Bridge Exemption From Consideration.--A common post-
1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54, United States Code, shall be
exempt from consideration under this section.''.
(b) Policy on Lands, Wildlife and Waterfowl Refuges, and
Historic Sites.--Section 303 of title 49, United States Code,
as amended by section 11116, is amended by adding at the end
the following:
``(f) Bridge Exemption From Consideration.--A common post-
1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54, United States Code, shall be
exempt from consideration under this section.''.
SEC. 11118. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK
BRIDGES.
(a) Temporary Authorization.--
(1) In general.--Until the Secretary of the Interior takes
the action described in subsection (b), the take of nesting
swallows to facilitate a construction project on a bridge
eligible for funding under title 23, United States Code, with
any component condition rating of 3 or less (as defined by
the National Bridge Inventory General Condition Guidance
issued by the Federal Highway Administration) is authorized
under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)
between April 1 and August 31.
(2) Measures to minimize impacts.--
(A) Notification before taking.--Prior to the taking of
nesting swallows authorized under paragraph (1), any person
taking that action shall submit to the Secretary of the
Interior a document that contains--
[[Page S5756]]
(i) the name of the person acting under the authority of
paragraph (1) to take nesting swallows;
(ii) a list of practicable measures that will be undertaken
to minimize or mitigate significant adverse impacts on the
population of that species;
(iii) the time period during which activities will be
carried out that will result in the taking of that species;
and
(iv) an estimate of the number of birds, by species, to be
taken in the proposed action.
(B) Notification after taking.--Not later than 60 days
after the taking of nesting swallows authorized under
paragraph (1), any person taking that action shall submit to
the Secretary of the Interior a document that contains the
number of birds, by species, taken in the action.
(b) Authorization of Take.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary, shall promulgate a
regulation under the authority of section 3 of the Migratory
Bird Treaty Act (16 U.S.C. 704) authorizing the take of
nesting swallows to facilitate bridge repair, maintenance, or
construction--
(A) without individual permit requirements; and
(B) under terms and conditions determined to be consistent
with treaties relating to migratory birds that protect
swallow species occurring in the United States.
(2) Termination.--On the effective date of a final rule
under this subsection by the Secretary of the Interior,
subsection (a) shall have no force or effect.
(c) Suspension or Withdrawal of Take Authorization.--If the
Secretary of the Interior, in consultation with the
Secretary, determines that taking of nesting swallows carried
out under the authority provided in subsection (a)(1) is
having a significant adverse impact on swallow populations,
the Secretary of the Interior may suspend that authority
through publication in the Federal Register.
SEC. 11119. AT-RISK PROJECT PREAGREEMENT AUTHORITY.
(a) Definition of Preliminary Engineering.--In this
section, the term ``preliminary engineering'' means allowable
preconstruction project development and engineering costs.
(b) At-risk Project Preagreement Authority.--A recipient or
subrecipient of Federal-aid funds under title 23, United
States Code, may--
(1) incur preliminary engineering costs for an eligible
project under title 23, United States Code, before receiving
project authorization from the State, in the case of a
subrecipient, and the Secretary to proceed with the project;
and
(2) request reimbursement of applicable Federal funds after
the project authorization is received.
(c) Eligibility.--The Secretary may reimburse preliminary
engineering costs incurred by a recipient or subrecipient
under subsection (b)--
(1) if the costs meet all applicable requirements under
title 23, United States Code, at the time the costs are
incurred and the Secretary concurs that the requirements have
been met;
(2) in the case of a project located within a designated
nonattainment or maintenance area for air quality, if the
conformity requirements of the Clean Air Act (42 U.S.C. 7401
et seq.) have been met; and
(3) if the costs would have been allowable if incurred
after the date of the project authorization by the
Department.
(d) At-risk.--A recipient or subrecipient that elects to
use the authority provided under this section shall--
(1) assume all risk for preliminary engineering costs
incurred prior to project authorization; and
(2) be responsible for ensuring and demonstrating to the
Secretary that all applicable cost eligibility conditions are
met after the authorization is received.
(e) Restrictions.--Nothing in this section--
(1) allows a recipient or subrecipient to use the authority
under this section to advance a project beyond preliminary
engineering prior to the completion of the environmental
review process;
(2) waives the applicability of Federal requirements to a
project other than the reimbursement of preliminary
engineering costs incurred prior to an authorization to
proceed in accordance with this section; or
(3) guarantees Federal funding of the project or the
eligibility of the project for future Federal-aid highway
funding.
Subtitle C--Miscellaneous
SEC. 11201. CREDITS FOR UNTAXED TRANSPORTATION FUELS.
(a) Definition of Qualified Revenues.--In this section, the
term ``qualified revenues'' means any amounts--
(1) collected by a State--
(A) for the registration of a vehicle that operates solely
on a fuel that is not subject to a Federal tax; and
(B) not sooner than the second registration period
following the purchase of the vehicle; and
(2) that do not exceed, for a vehicle described in
paragraph (1), an annual amount determined by the Secretary
to be equal to the annual amount paid for Federal motor fuels
taxes on the fuel used by an average passenger car fueled
solely by gasoline.
(b) Credit.--
(1) In general.--Subject to paragraph (2), if a State
contributes qualified revenues to cover not less than 5
percent of the total cost of a project eligible for
assistance under this title, the Federal share payable for
the project under this section may be increased by an amount
that is--
(A) equal to the percent of the total cost of the project
from contributed qualified revenues; but
(B) not more than 5 percent of the total cost of the
project.
(2) Expiration.--The authorization of an increased Federal
share for a project pursuant to paragraph (1) expires on
September 30, 2023.
(c) Study.--
(1) In general.--Before the expiration date of the credit
under subsection (b)(2), the Secretary, in coordination with
other appropriate Federal agencies, shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the most
efficient and equitable means of taxing motor vehicle fuels
not subject to a Federal tax as of the date of submission of
the report.
(2) Requirement.--The means described in the report under
paragraph (1) shall parallel, as closely as practicable, the
structure of other Federal taxes on motor fuels.
SEC. 11202. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
INTERSTATE SYSTEM.
Section 111(e) of title 23, United States Code, is amended
by inserting ``(including new or modified freeway-to-
crossroad interchanges inside a transportation management
area)'' after ``the Interstate System''.
SEC. 11203. EXEMPTIONS.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
``(m) Natural Gas Vehicles.--A vehicle, if operated by an
engine fueled primarily by natural gas, may exceed any
vehicle weight limit (up to a maximum gross vehicle weight of
82,000 pounds) under this section by an amount that is equal
to the difference between--
``(1) the weight of the vehicle attributable to the natural
gas tank and fueling system carried by that vehicle; and
``(2) the weight of a comparable diesel tank and fueling
system.
``(n) Emergency Vehicles.--
``(1) Definition of emergency vehicle.--In this subsection,
the term `emergency vehicle' means a vehicle designed to be
used under emergency conditions--
``(A) to transport personnel and equipment; and
``(B) to support the suppression of fires and mitigation of
other hazardous situations.
``(2) Emergency vehicle weight limit.--Notwithstanding
subsection (a), a State shall not enforce against an
emergency vehicle a vehicle weight limit (up to a maximum
gross vehicle weight of 86,000 pounds) of less than--
``(A) 24,000 pounds on a single steering axle;
``(B) 33,500 pounds on a single drive axle;
``(C) 62,000 pounds on a tandem axle; or
``(D) 52,000 pounds on a tandem rear drive steer axle.
``(o) Operation of Certain Specialized Vehicles on Certain
Highways in the State of Arkansas.--If any segment of United
States Route 63 between the exits for highways 14 and 75 in
the State of Arkansas is designated as part of the Interstate
System--
``(1) a vehicle that could legally operate on the segment
before the date of the designation at the posted speed limit
may continue to operate on that segment; and
``(2) a vehicle that can only travel below the posted speed
limit on the segment that could otherwise legally operate on
the segment before the date of the designation may continue
to operate on that segment during daylight hours.''.
SEC. 11204. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY
SYSTEM.
Section 1105 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031) is amended--
(1) in subsection (c) (105 Stat. 2032; 112 Stat. 190; 119
Stat. 1213)--
(A) by striking paragraph (13) and inserting the following:
``(13) Raleigh-Norfolk Corridor from Raleigh, North
Carolina, through Rocky Mount, Williamston and Elizabeth
City, North Carolina, to Norfolk, Virginia.'';
(B) in paragraph (18)(D)--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) include Texas State Highway 44 from United States
Route 59 at Freer, Texas, to Texas State Highway 358.''; and
(C) by striking paragraph (68) and inserting the following:
``(68) The Washoe County Corridor and the Intermountain
West Corridor shall generally follow:
``(A) in the case of the Washoe County Corridor, along
Interstate Route 580/United States Route 95/United States
Route 95A, from Reno, Nevada, to Las Vegas, Nevada; and
``(B) in the case of the Intermountain West Corridor, from
the vicinity of Las Vegas extending north along United States
Route 95, terminating at Interstate Route 80.''; and
(D) by adding at the end the following:
``(81) United States Route 117/Interstate Route 795 from
United States Route 70 in Goldsboro, Wayne County, North
Carolina,
[[Page S5757]]
to Interstate Route 40 west of Faison, Sampson County, North
Carolina.
``(82) United States Route 70 from its intersection with
Interstate Route 40 in Garner, Wake County, North Carolina,
to the Port at Morehead City, Carteret County, North
Carolina.
``(83) The Central Texas Corridor commencing at the logical
terminus of Interstate 10, and generally following portions
of United States Route 190 eastward passing in the vicinity
Fort Hood, Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, Woodville, and to the logical
terminus of Texas Highway 63 at the Sabine River Bridge at
Burrs Crossing.'';
(2) in subsection (e)(5)--
(A) in subparagraph (A) (109 Stat. 597; 118 Stat. 293; 119
Stat. 1213), in the first sentence--
(i) by inserting ``subsection (c)(13),'' after ``subsection
(c)(9),'';
(ii) by striking ``subsections (c)(18)'' and all that
follows through ``(c)(36)'' and inserting ``subsection
(c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of
subsection (c)(26), subsection (c)(36)'' ; and
(iii) by striking ``and subsection (c)(57)'' and inserting
``subsection (c)(57), subsection (c)(68)(B), subsection
(c)(81), and subsection (c)(82)''; and
(B) in subparagraph (C)(i) (109 Stat. 598; 126 Stat. 427),
by striking the last sentence and inserting ``The routes
referred to in subparagraphs (A) and (B)(i) of subsection
(c)(26) and in subsection (c)(68)(B) are designated as
Interstate Route I-11.''.
SEC. 11205. REPEAT INTOXICATED DRIVER LAW.
Section 164(a)(4) of title 23, United States Code, is
amended in the matter preceding subparagraph (A) by inserting
``or combination of laws'' after ``means a State law''.
SEC. 11206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.
(a) National Highway Performance Program.--Section
119(d)(2)(L) of title 23, United States Code, is amended by
inserting ``, including the installation of interoperable
vehicle-to-infrastructure communication equipment'' after
``capital improvements''.
(b) Surface Transportation Program.--Section 133(b)(16) of
title 23, United States Code, by inserting ``, including the
installation of interoperable vehicle-to-infrastructure
communication equipment'' after ``capital improvements''.
SEC. 11207. RELINQUISHMENT.
A State transportation agency may relinquish park-and-ride
lot facilities or portions of park-and-ride lot facilities to
a local government agency for highway purposes if authorized
to do so under State law.
SEC. 11208. TRANSFER AND SALE OF TOLL CREDITS.
(a) Definitions.--In this section, the following
definitions apply:
(1) Eligible state.--The term ``eligible State'' means a
State that--
(A) is eligible to use a credit under section 120(i) of
title 23, United States Code; and
(B) has been selected by the Secretary under subsection
(d)(2).
(2) Recipient state.--The term ``recipient State'' means a
State that receives a credit by transfer or by sale under
this section from an eligible State.
(b) Establishment of Pilot Program.--Not later than 1 year
after the date of the establishment of a nationwide toll
credit monitoring and tracking system under subsection (g),
the Secretary shall establish and implement a toll credit
marketplace pilot program in accordance with this section.
(c) Purposes.--The purposes of the pilot program
established under subsection (b) are--
(1) to identify whether a monetary value can be assigned to
toll credits;
(2) to identify the discounted rate of toll credits for
cash;
(3) to determine if the purchase of toll credits by States
provides the purchasing State budget flexibility to deal with
funding issues, including off-system needs, transit systems
with high operating costs, or cash flow issues; and
(4) to test the feasibility of expanding the toll credit
market to allow all States to participate on a permanent
basis.
(d) Selection of Eligible States.--
(1) Application to secretary.--In order to participate in
the pilot program established under subsection (b), a State
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Selection.--Of the States that submit an application
under paragraph (1), the Secretary may select not more than
10 States to be designated as an eligible State.
(e) Transfer or Sale of Credits.--
(1) In general.--In carrying out the pilot program
established under subsection (b), the Secretary shall provide
that an eligible State may transfer or sell to a recipient
State a credit not used by the eligible State under section
120(i) of title 23, United States Code.
(2) Use of credits by transferee or purchaser.--A recipient
State may use a credit received under paragraph (1) toward
the non-Federal share requirement for any funds made
available to carry out title 23 or chapter 53 of title 49,
United States Code.
(3) Condition on transfer or sale of credits.--To receive a
credit under paragraph (1), a recipient State shall enter
into an agreement with the Secretary described in section
120(i) of title 23, United States Code.
(f) Use of Proceeds From Sale of Credits.--An eligible
State shall use the proceeds from the sale of a credit under
subsection (e)(1) for any project in the eligible State that
is eligible under the surface transportation program
established under section 133 of title 23, United States
Code.
(g) Toll Credit Monitoring and Tracking.--Not later than
180 days after the enactment of this section, the Secretary
shall establish a nationwide toll credit monitoring and
tracking system that functions as a real-time database on the
inventory and use of toll credits among all States (as
defined in section 101(a) of title 23, United States Code).
(h) Notification.--Not later than 30 days after the date on
which a credit is transferred or sold under subsection
(e)(1), the eligible State shall submit to the Secretary in
writing a notification of the transfer or sale.
(i) Reporting Requirements.--
(1) Initial report.--Not later than 180 days after the date
of establishment of the pilot program under subsection (b),
the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress of the pilot
program.
(2) State report.--
(A) Report by eligible state.--Not later than 30 days after
a purchase or sale under subsection (e)(1), an eligible State
shall submit to the Secretary a report that describes--
(i) information on the transaction;
(ii) the amount of cash received and the value of toll
credits sold;
(iii) the intended use of the cash; and
(iv) an update on the remaining toll credit balance of the
State.
(B) Report by recipient state.--Not later than 30 days
after a purchase or sale under subsection (e)(1), a recipient
State shall submit to the Secretary a report that describes--
(i) the value of toll credits purchased;
(ii) the anticipated use of the toll credits; and
(iii) plans for maintaining maintenance of effort for
spending on Federal-aid highways projects.
(3) Annual report.--Not later than 1 year after the date on
which the pilot program under subsection (b) is established
and each year thereafter that the pilot program is in effect,
the Secretary shall--
(A) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that--
(i) determines whether a toll credit marketplace is viable;
(ii) describes the buying and selling activities of the
pilot program;
(iii) describes the monetary value of toll credits;
(iv) determines whether the pilot program could be expanded
to more States or all States; and
(v) provides updated information on the toll credit balance
accumulated by each State; and
(B) make the report described in subparagraph (A) publicly
available on the website of the Department.
(j) Termination.--The Secretary may terminate the program
established under this section or the participation of any
State in the program if the Secretary determines that the
program is not serving a public benefit.
SEC. 11209. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION
PROGRAM.
(a) In General.--The Secretary shall establish a regional
infrastructure demonstration program (referred to in this
section as the ``program'') to assist entities in developing
improved infrastructure priorities and financing strategies
for the accelerated development of a project that is eligible
for funding under the TIFIA program under chapter 6 of title
23, United States Code.
(b) Designation of Regional Infrastructure Accelerators.--
In carrying out the program, the Secretary may designate
regional infrastructure accelerators that will--
(1) serve a defined geographic area; and
(2) act as a resource in the geographic area to qualified
entities in accordance with this section.
(c) Application.--To be eligible for a designation under
subsection (b), a proposed regional infrastructure
accelerator shall submit to the Secretary a proposal at such
time, in such manner, and containing such information as the
Secretary may require.
(d) Criteria.--In evaluating a proposal submitted under
subsection (c), the Secretary shall consider--
(1) the need for geographic diversity among regional
infrastructure accelerators; and
(2) the ability of the proposal to promote investment in
covered infrastructure projects, which shall include a plan--
(A) to evaluate and promote innovative financing methods
for local projects, including the use of the TIFIA program
under chapter 6 of title 23, United States Code;
(B) to build capacity of State, local, and tribal
governments to evaluate and structure projects involving the
investment of private capital;
(C) to provide technical assistance and information on best
practices with respect to financing the projects;
(D) to increase transparency with respect to infrastructure
project analysis and using innovative financing for public
infrastructure projects;
(E) to deploy predevelopment capital programs designed to
facilitate the creation of a
[[Page S5758]]
pipeline of infrastructure projects available for investment;
(F) to bundle smaller-scale and rural projects into larger
proposals that may be more attractive for investment; and
(G) to reduce transaction costs for public project
sponsors.
(e) Annual Report.--Not less frequently than once each
year, the Secretary shall submit to Congress a report that
describes the findings and effectiveness of the program.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program $12,000,000, of
which the Secretary shall use--
(1) $11,750,000 for initial grants to regional
infrastructure accelerators under subsection (b); and
(2) $250,000 for administrative costs of carrying out the
program.
SEC. 11210. SONORAN CORRIDOR INTERSTATE DEVELOPMENT.
(a) Findings.--Congress finds that the designation of the
Sonoran Corridor Interstate connecting Interstate 19 to
Interstate 10 south of the Tucson International Airport as a
future part of the Interstate System would--
(1) enhance direct linkage between major trading routes
connecting growing ports, agricultural regions,
infrastructure and manufacturing centers, and existing high
priority corridors of the National Highway System; and
(2) significantly improve connectivity on the future
Interstate 11 and the CANAMEX Corridor, a route directly
linking the United States with Mexico and Canada.
(b) High Priority Corridors on National Highway System.--
Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1210) (as
amended by section 11204) is amended by adding at the end the
following:
``(84) State Route 410, the Sonoran Corridor connecting
Interstate 19 to Interstate 10 south of the Tucson
International Airport.''.
(c) Future Parts of Interstate System.--Section
1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) (as
amended by section 11204) is amended in the first sentence by
striking ``and subsection (c)(82)'' and inserting
``subsection (c)(82), and subsection (c)(84)''.
TITLE II--TRANSPORTATION INNOVATION
Subtitle A--Research
SEC. 12001. RESEARCH, TECHNOLOGY, AND EDUCATION.
(a) Highway Research and Development Program.--Section
503(b)(3) of title 23, United States Code, is amended--
(1) in subparagraph (C)--
(A) in clause (xviii), by striking ``and'' at the end;
(B) in clause (xix), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(xx) accelerated mobile, highway-speed, bridge inspection
methods that provide quantitative data-driven decisionmaking
capabilities without requiring lane closures; and
``(xxi) innovative segmental wall technology for soil bank
stabilization and roadway sound attenuation, and articulated
technology for hydraulic sheer-resistant erosion control.'';
and
(2) in subparagraph (D)(i), by inserting ``and section
119(e)'' after ``this subparagraph''.
(b) Technology and Innovation Deployment Program.--Section
503(c) of title 23, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``carry out'' and inserting ``establish and
implement'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) use not less than 50 percent of the funds authorized
to carry out this subsection to make grants to, and enter
into cooperative agreements and contracts with, States, other
Federal agencies, local governments, metropolitan planning
organizations, institutions of higher education, private
sector entities, and nonprofit organizations to carry out
demonstration programs that will accelerate the deployment
and adoption of transportation research activities;'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) Innovation grants.--
``(i) In general.--In carrying out the program established
under subparagraph (B)(i), the Secretary shall establish a
transparent competitive process in which entities described
in subparagraph (B)(i) may submit an application to receive a
grant under this subsection.
``(ii) Publication of application process.--A description
of the application process established by the Secretary
shall--
``(I) be posted on a public website;
``(II) identify the information required to be included in
the application; and
``(III) identify the criteria by which the Secretary shall
select grant recipients.
``(iii) Submission of application.--To receive a grant
under this paragraph, an entity described in subparagraph
(B)(i) shall submit an application to the Secretary.
``(iv) Selection and approval.--The Secretary shall select
and approve an application submitted under clause (iii) based
on whether the project described in the application meets the
goals of the program described in paragraph (1).''; and
(3) in paragraph (3)(C), by striking ``each of fiscal years
2013 through 2014'' and inserting ``each fiscal year''.
(c) Conforming Amendment.--Section 505(c)(1) of title 23,
United States Code, is amended by striking ``section
503(c)(2)(C)'' and inserting ``section 503 (c)(2)(D)''.
SEC. 12002. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Intelligent Transportation Systems Deployment.--Section
513 of title 23, United States Code, is amended by adding at
the end the following:
``(d) System Operations and ITS Deployment Grant Program.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program to accelerate the deployment,
operation, systems management, intermodal integration, and
interoperability of the ITS program and ITS-enabled
operational strategies--
``(A) to measure and improve the performance of the surface
transportation system;
``(B) to reduce traffic congestion and the economic and
environmental impacts of traffic congestion;
``(C) to minimize fatalities and injuries;
``(D) to enhance mobility of people and goods;
``(E) to improve traveler information and services; and
``(F) to optimize existing roadway capacity.
``(2) Application.--To be eligible for a grant under this
subsection, an eligible entity shall submit an application to
the Secretary that includes--
``(A) a plan to deploy and provide for the long-term
operation and maintenance of intelligent transportation
systems to improve safety, efficiency, system performance,
and return on investment, such as--
``(i) autonomous vehicle communication technologies;
``(ii) vehicle-to-vehicle or vehicle-to-infrastructure
communication technologies;
``(iii) real-time integrated traffic, transit, and
multimodal transportation information;
``(iv) advanced traffic, freight, parking, and incident
management systems;
``(v) advanced technologies to improve transit and
commercial vehicle operations;
``(vi) synchronized, adaptive, and transit preferential
traffic signals;
``(vii) advanced infrastructure condition assessment
technologies; and
``(viii) other technologies to improve system operations,
including ITS applications necessary for multimodal systems
integration and for achieving performance goals;
``(B) quantifiable system performance improvements,
including--
``(i) reductions in traffic-related crashes, congestion,
and costs;
``(ii) optimization of system efficiency; and
``(iii) improvement of access to transportation services;
``(C) quantifiable safety, mobility, and environmental
benefit projections, including data-driven estimates of the
manner in which the project will improve the efficiency of
the transportation system and reduce traffic congestion in
the region;
``(D) a plan for partnering with the private sector,
including telecommunications industries and public service
utilities, public agencies (including multimodal and
multijurisdictional entities), research institutions,
organizations representing transportation and technology
leaders, and other transportation stakeholders;
``(E) a plan to leverage and optimize existing local and
regional ITS investments; and
``(F) a plan to ensure interoperability of deployed
technologies with other tolling, traffic management, and
intelligent transportation systems.
``(3) Selection.--
``(A) In general.--Effective beginning not later than 1
year after the date of enactment of the DRIVE Act, the
Secretary may provide grants to eligible entities under this
subsection.
``(B) Geographic diversity.--In awarding a grant under this
subsection, the Secretary shall ensure, to the maximum extent
practicable, that grant recipients represent diverse
geographical areas of the United States, including urban,
suburban, and rural areas.
``(C) Non-federal share.--In awarding a grant under the
subsection, the Secretary shall give priority to grant
recipients that demonstrate an ability to contribute a
significant non-Federal share to the cost of carrying out the
project for which the grant is received.
``(4) Eligible uses.--Projects for which grants awarded
under this subsection may be used include--
``(A) the deployment of autonomous vehicle communication
technologies;
``(B) the deployment of vehicle-to-vehicle or vehicle-to-
infrastructure communication technologies;
``(C) the establishment and implementation of ITS and ITS-
enabled operations strategies that improve performance in the
areas of--
``(i) traffic operations;
``(ii) emergency response to surface transportation
incidents;
``(iii) incident management;
``(iv) transit and commercial vehicle operations
improvements;
``(v) weather event response management by State and local
authorities;
``(vi) surface transportation network and facility
management;
``(vii) construction and work zone management;
``(viii) traffic flow information;
[[Page S5759]]
``(ix) freight management; and
``(x) congestion management;
``(D) carrying out activities that support the creation of
networks that link metropolitan and rural surface
transportation systems into an integrated data network,
capable of collecting, sharing, and archiving transportation
system traffic condition and performance information;
``(E) the implementation of intelligent transportation
systems and technologies that improve highway safety through
information and communications systems linking vehicles,
infrastructure, mobile devices, transportation users, and
emergency responders;
``(F) the provision of services necessary to ensure the
efficient operation and management of ITS infrastructure,
including costs associated with communications, utilities,
rent, hardware, software, labor, administrative costs,
training, and technical services;
``(G) the provision of support for the establishment and
maintenance of institutional relationships between
transportation agencies, police, emergency medical services,
private emergency operators, freight operators, shippers,
public service utilities, and telecommunications providers;
``(H) carrying out multimodal and cross-jurisdictional
planning and deployment of regional transportation systems
operations and management approaches; and
``(I) performing project evaluations to determine the
costs, benefits, lessons learned, and future deployment
strategies associated with the deployment of intelligent
transportation systems.
``(5) Report to secretary.--For each fiscal year that an
eligible entity receives a grant under this subsection, not
later than 1 year after receiving the grant, each recipient
shall submit to the Secretary a report that describes how the
project has met the expectations projected in the deployment
plan submitted with the application, including information
on--
``(A) how the program has helped reduce traffic crashes,
congestion, costs, and other benefits of the deployed
systems;
``(B) the effect of measuring and improving transportation
system performance through the deployment of advanced
technologies;
``(C) the effectiveness of providing real-time integrated
traffic, transit, and multimodal transportation information
to the public that allows the public to make informed travel
decisions; and
``(D) lessons learned and recommendations for future
deployment strategies to optimize transportation efficiency
and multimodal system performance.
``(6) Report to congress.--Not later than 2 years after the
date on which the first grant is awarded under this
subsection and annually thereafter for each fiscal year for
which grants are awarded under this subsection, the Secretary
shall submit to Congress a report that describes the
effectiveness of the grant recipients in meeting the
projected deployment plan goals, including data on how the
grant program has--
``(A) reduced traffic-related fatalities and injuries;
``(B) reduced traffic congestion and improved travel-time
reliability;
``(C) reduced transportation-related emissions;
``(D) optimized multimodal system performance;
``(E) improved access to transportation alternatives;
``(F) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(G) provided cost savings to transportation agencies,
businesses, and the traveling public; and
``(H) provided other benefits to transportation users and
the general public.
``(7) Additional grants.--If the Secretary determines,
based on a report submitted under paragraph (5), that a grant
recipient is not complying with the established grant
criteria, the Secretary may--
``(A) cease payment to the recipient of any remaining grant
amounts; and
``(B) redistribute any remaining amounts to other eligible
entities under this section.
``(8) Non-federal share.--The Federal share of the cost of
a project for which a grant is provided under this subsection
shall not exceed 50 percent of the cost of the project.
``(9) Funding.--Of the funds made available each fiscal
year to carry out the intelligent transportation system
program under sections 512 through 518, not less than
$30,000,000 shall be used to carry out this subsection.''.
(b) Intelligent Transportation Systems Goals and
Purposes.--Section 514(a) of title 23, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) improvement of the ability of the United States to
respond to security-related or other manmade emergencies and
natural disasters; and
``(6) enhancement of the freight system of the United
States and support to freight policy goals by conducting
heavy duty vehicle demonstration activities and accelerating
adoption of ITS applications in freight operations.''.
(c) ITS Advisory Committee Report.--Section 515(h)(4) of
title 23, United States Code, is amended in the matter
preceding subparagraph (A) by striking ``February 1 of each
year after the date of enactment of the Transportation
Research and Innovative Technology Act of 2012'' and
inserting ``May 1 of each year''.
SEC. 12003. FUTURE INTERSTATE STUDY.
(a) Findings.--Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being,
health, and welfare of the people of the United States;
(2) the 47,000-mile national Interstate System is the
backbone to that transportation infrastructure system; and
(3) as of the date of enactment of this Act--
(A) many segments of the approximately 60- year-old
Interstate System are well beyond the 50-year design life of
the System and yet these aging facilities are central to the
transportation infrastructure system, carrying 25 percent of
the vehicle traffic of the United States on just 1 percent of
the total public roadway mileage;
(B) the need for ongoing maintenance, preservation, and
reconstruction of the Interstate System has grown due to
increasing and changing travel demands; and
(C) simple maintenance of the current condition and
configuration of the Interstate System is insufficient for
the System to fully serve the transportation needs of the
United States for the next 50 years.
(b) Future Interstate System Study.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall enter into an agreement with the Transportation
Research Board of the National Academies to conduct a study
on the actions needed to upgrade and restore the Dwight D.
Eisenhower National System of Interstate and Defense Highways
to its role as a premier system network that meets the
growing and shifting demands of the 21st century and for the
next 50 years (referred to in this section as the ``study'').
(c) Methodologies.--In conducting the study, the
Transportation Research Board shall build on the
methodologies examined and recommended in the report prepared
for the American Association of State Highway and
Transportation Officials entitled ``National Cooperative
Highway Research Program Project 20-24(79): Specifications
for a National Study of the Future 3R, 4R, and Capacity Needs
of the Interstate System'' and dated December 2013.
(d) Recommendations.--The study--
(1) shall include specific recommendations regarding the
features, standards, capacity needs, application of
technologies, and intergovernmental roles to upgrade the
Interstate System, including any revisions to law (including
regulations) that the Transportation Research Board
determines appropriate to achieve the goals; and
(2) is encouraged to build on the robust institutional
knowledge in the highway industry in applying the techniques
involved in implementing the study.
(e) Considerations.--In carrying out the study, the
Transportation Research Board shall determine the need for
reconstruction and improvement of the Interstate System by
considering--
(1) future demands on transportation infrastructure
determined for national planning purposes, including
commercial and private traffic flows to serve future economic
activity and growth;
(2) the expected condition of the current Interstate System
over the next 50 years, including long-term deterioration and
reconstruction needs;
(3) those National Highway System routes that should be
added to the existing Interstate System to more efficiently
serve national traffic flows;
(4) features that would take advantage of technological
capabilities to address modern standards of construction,
maintenance, and operations, for purposes of safety, and
system management, taking into further consideration system
performance and cost; and
(5) the resources necessary to maintain and improve the
Interstate System, including the resources required to
upgrade those National Highway System routes identified in
paragraph (3) to Interstate standards.
(f) Consultation.--In carrying out the study, the
Transportation Research Board--
(1) shall convene and consult with a panel of national
experts including current and future owners, operators, and
users of the Interstate System and private sector
stakeholders; and
(2) is encouraged to consult with--
(A) the Federal Highway Administration;
(B) States;
(C) planning agencies at the metropolitan, State, and
regional levels;
(D) the motor carrier industry;
(E) freight shippers;
(F) highway safety groups; and
(G) other appropriate entities.
(g) Report.--Not later than 3 years after the date of
enactment of this Act, the Transportation Research Board
shall submit to the Secretary, the Committee on Environment
and Public Works of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the study
conducted under this section.
(h) Funding.--From amounts authorized to carry out the
Highway Research and Development Program, the Secretary shall
use up to $5,000,000 for fiscal year 2016 to carry out this
section.
[[Page S5760]]
SEC. 12004. RESEARCHING SURFACE TRANSPORTATION SYSTEM FUNDING
ALTERNATIVES.
(a) In General.--The Secretary shall promote the research
of user-based alternative revenue mechanisms that preserve a
user fee structure to maintain the long-term solvency of the
Highway Trust Fund.
(b) Objectives.--The objectives of the research described
in subsection (a) shall be--
(1) to study uncertainties relating to the design,
acceptance, and implementation of 2 or more future user-based
alternative revenue mechanisms;
(2) to define the functionality of those user-based
alternative revenue mechanisms;
(3) to conduct or promote research activities to
demonstrate and test those user-based alternative revenue
mechanisms, including by conducting field trials, by
partnering with individual States, groups of States, or other
appropriate entities to conduct the research activities;
(4) to conduct outreach to increase public awareness
regarding the need for alternative funding sources for
surface transportation programs and provide information on
possible approaches;
(5) to provide recommendations regarding adoption and
implementation of those user-based alternative revenue
mechanisms; and
(6) to minimize the administrative cost of any potential
user-based alternative revenue mechanisms.
(c) Grants.--The Secretary shall provide grants to
individual States, groups of States, or other appropriate
entities to conduct research that addresses--
(1) the implementation, interoperability, public
acceptance, and other potential hurdles to the adoption of a
user-based alternative revenue mechanism;
(2) the protection of personal privacy;
(3) the use of independent and private third-party vendors
to collect fees and operate the user-based alternative
revenue mechanism;
(4) equity concerns, including the impacts of the user-
based alternative revenue mechanism on differing income
groups, various geographic areas, and the relative burdens on
rural and urban drivers;
(5) ease of compliance for different users of the
transportation system;
(6) the reliability and security of technology used to
implement the user-based alternative revenue mechanism;
(7) the flexibility and choices of user-based alternative
revenue mechanisms, including the ability of users to select
from various technology and payment options;
(8) the cost of administering the user-based alternative
revenue mechanism; and
(9) the ability of the administering entity to audit and
enforce user compliance.
(d) Advisory Council.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of the Treasury, shall establish and lead a
Surface Transportation Revenue Alternatives Advisory Council
(referred to in this subsection as the ``Council'') to inform
the selection and evaluation of user-based alternative
revenue mechanisms.
(2) Membership.--
(A) In general.--The members of the Council shall--
(i) be appointed by the Secretary; and
(ii) include, at a minimum--
(I) representatives with experience in user-based
alternative revenue mechanisms, of which--
(aa) not fewer than 1 shall be from the Department;
(bb) not fewer than 1 shall be from the Department of the
Treasury; and
(cc) not fewer than 2 shall be from State departments of
transportation;
(II) representatives from applicable users of the surface
transportation system; and
(III) appropriate technology and public privacy experts.
(B) Geographic considerations.--The Secretary shall
consider geographic diversity when selecting members under
this paragraph.
(3) Functions.--Not later than 1 year after the date on
which the Council is established, the Council shall, at a
minimum--
(A) define the functionality of 2 or more user-based
alternative revenue mechanisms;
(B) identify technological, administrative, institutional,
privacy, and other issues that--
(i) are associated with the user-based alternative revenue
mechanisms; and
(ii) may be researched through research activities;
(C) conduct public outreach to identify and assess
questions and concerns about the user-based alternative
revenue mechanisms for future evaluation through research
activities; and
(D) provide recommendations to the Secretary on the process
and criteria used for selecting research activities under
subsection (c).
(4) Evaluations.--The Council shall conduct periodic
evaluations of the research activities that have received
assistance from the Secretary under this section.
(5) Applicability of federal advisory committee act.--The
Council shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
(e) Biennial Reports.--Not later than 2 years after the
date of enactment of this Act, and every 2 years thereafter
until the completion of the research activities under this
section, the Secretary shall submit to the Secretary of the
Treasury, the Committee on Finance and the Committee on
Environment and Public Works of the Senate, and the Committee
on Ways and Means and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the progress of the research activities.
(f) Final Report.--On the completion of the research
activities under this section, the Secretary and the
Secretary of the Treasury, acting jointly, shall submit to
the Committee on Finance and the Committee on Environment and
Public Works of the Senate and the Committee on Ways and
Means and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing the
results of the research activities and any recommendations.
(g) Funding.--Of the funds authorized to carry out section
503(b) of title 23, United States Code--
(1) $15,000,000 shall be used to carry out this section in
fiscal year 2016; and
(2) $20,000,000 shall be used to carry out this section in
each of fiscal years 2017 through 2021.
Subtitle B--Data
SEC. 12101. TRIBAL DATA COLLECTION.
Section 201(c)(6) of title 23, United States Code, is
amended by adding at the end the following:
``(C) Tribal data collection.--In addition to the data to
be collected under subparagraph (A), not later than 90 days
after the end of each fiscal year, any entity carrying out a
project under the tribal transportation program under section
202 shall submit to the Secretary and the Secretary of
Interior, based on obligations and expenditures under the
tribal transportation program during the preceding fiscal
year, the following data:
``(i) The names of projects or activities carried out by
the entity under the tribal transportation program during the
preceding fiscal year.
``(ii) A description of the projects or activities
identified under clause (i).
``(iii) The current status of the projects or activities
identified under clause (i).
``(iv) An estimate of the number of jobs created and the
number of jobs retained by the projects or activities
identified under clause (i).''.
SEC. 12102. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
(a) Performance Management Data Support.--The Administrator
of the Federal Highway Administration shall develop, use, and
maintain data sets and data analysis tools to assist
metropolitan planning organizations, States, and the Federal
Highway Administration in carrying out performance management
analyses (including the performance management requirements
under section 150 of title 23, United States Code).
(b) Inclusions.--The data analysis activities authorized
under subsection (a) may include--
(1) collecting and distributing vehicle probe data
describing traffic on Federal-aid highways;
(2) collecting household travel behavior data to assess
local and cross-jurisdictional travel, including to
accommodate external and through travel;
(3) enhancing existing data collection and analysis tools
to accommodate performance measures, targets, and related
data, so as to better understand trip origin and destination,
trip time, and mode;
(4) enhancing existing data analysis tools to improve
performance predictions and travel models in reports
described in section 150(e) of title 23, United States Code;
and
(5) developing tools--
(A) to improve performance analysis; and
(B) to evaluate the effects of project investments on
performance.
(c) Funding.--From amounts authorized to carry out the
Highway Research and Development Program, the Administrator
may use up to $10,000,000 for each of fiscal years 2016
through 2021 to carry out this section.
Subtitle C--Transparency and Best Practices
SEC. 12201. EVERY DAY COUNTS INITIATIVE.
(a) In General.--It is in the national interest for the
Department, State departments of transportation, and all
other recipients of Federal transportation funds--
(1) to identify, accelerate, and deploy innovation aimed at
shortening project delivery, enhancing the safety of the
roadways of the United States, and protecting the
environment;
(2) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner;
(3) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments
and encourage greater private sector involvement; and
(4) to create a culture of innovation within the highway
community.
(b) Every Day Counts Initiative.--To advance the policy
described in subsection (a), the Administrator of the Federal
Highway Administration (referred to in this section as the
``Administrator'') shall continue the Every Day Counts
initiative to work with States, local transportation
agencies, and industry stakeholders to identify and deploy
proven innovative practices and products that--
(1) accelerate innovation deployment;
(2) shorten the project delivery process;
(3) improve environmental sustainability;
(4) enhance roadway safety; and
(5) reduce congestion.
[[Page S5761]]
(c) Innovation Deployment.--
(1) In general.--At least every 2 years, the Administrator
shall work collaboratively with stakeholders to identify a
new collection of innovations, best practices, and data to be
deployed to highway stakeholders through case studies,
webinars, and demonstration projects.
(2) Requirements.--In identifying a collection described in
paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the
innovation or practice.
(d) Publication.--Each collection identified under
subsection (c) shall be published by the Administrator on a
publicly available website.
SEC. 12202. DEPARTMENT OF TRANSPORTATION PERFORMANCE
MEASURES.
(a) Performance Measures.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in coordination
with the heads of other Federal agencies with responsibility
for the review and approval of projects funded under title
23, United States Code, shall measure and report on--
(1) the progress made toward aligning Federal reviews of
projects funded under title 23, United States Code, and the
improvement of project delivery associated with those
projects; and
(2) as applicable, the effectiveness of the Department in
achieving the goals described in section 150(b) of title 23,
United States Code, through discretionary programs.
(b) Report.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the results of the
evaluation conducted under subsection (a).
(c) Inspector General Report.--Not later than 3 years after
the date of enactment of this Act, the Inspector General of
the Department shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the results of the
evaluation conducted under subsection (a).
SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANSPORTATION
FOR PERFORMANCE AND INNOVATION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
includes--
(A) a State;
(B) a unit of local government;
(C) a tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)); and
(D) a metropolitan planning organization.
(2) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory (as defined in section 165(c)(1) of
title 23, United States Code).
(b) Establishment of Program.--The Secretary shall
establish a competitive grant program to reward--
(1) achievement in transportation performance management;
and
(2) the implementation of strategies that achieve
innovation and efficiency in surface transportation.
(c) Purpose.--The purpose of the program under this section
shall be to reward entities for the implementation of
policies and procedures that--
(1) support performance-based management of the surface
transportation system and improve transportation outcomes; or
(2) use innovative technologies and practices that improve
the efficiency and performance of the surface transportation
system.
(d) Application.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a grant under this section.
(2) Contents.--An application under paragraph (1) shall
indicate the means by which the eligible entity has met the
requirements and purpose of the program under this section,
including by--
(A) establishing, and making progress toward achieving,
performance targets that exceed the requirements of title 23,
United States Code;
(B) using innovative techniques and practices that enhance
the effective movement of people, goods, and services, such
as technologies that reduce construction time, improve
operational efficiencies, and extend the service life of
highways and bridges; and
(C) employing transportation planning tools and procedures
that improve transparency and the development of
transportation investment strategies within the jurisdiction
of the eligible entity.
(e) Evaluation Criteria.--In awarding a grant under this
section, the Secretary shall take into consideration the
extent to which the application of the applicable eligible
entity under subsection (d)--
(1) demonstrates performance in meeting the requirements of
subsection (c); and
(2) promotes the national goals described in section 150(b)
of title 23, United States Code.
(f) Eligible Activities.--Amounts made available to carry
out this section shall be used for projects eligible for
funding under--
(1) title 23, United States Code; or
(2) chapter 53 of title 49, United States Code.
(g) Limitation.--The amount of a grant under this section
shall be not more than $15,000,000.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated out
of the general fund of the Treasury to carry out this section
$150,000,000 for each of fiscal years 2016 through 2021, to
remain available until expended.
(2) Administrative costs.--The Secretary shall withhold a
reasonable amount of funds made available under paragraph (1)
for administration of the program under this section, not to
exceed 3 percent of the amount appropriated for each
applicable fiscal year.
(i) Applicability of Requirements.--Amounts made available
under this section shall be administered as if the funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 12204. HIGHWAY TRUST FUND TRANSPARENCY AND
ACCOUNTABILITY.
(a) In General.--Section 104 of title 23, United States
Code, is amended by striking subsection (g) and inserting the
following:
``(g) Highway Trust Fund Transparency and Accountability
Report.--
``(1) Publicly available report.--Not later than 180 days
after the date of enactment of the DRIVE Act and quarterly
thereafter, the Secretary shall compile data in accordance
with this subsection on the use of Federal-aid highway
program funds made available under this title.
``(2) Requirements.--The Secretary shall ensure that the
reports required under this subsection are made available in
a user-friendly manner on the public website of the
Department of Transportation and can be searched and
downloaded by users of the website.
``(3) Contents of report.--
``(A) Apportioned and allocated programs.--For each fiscal
year, the report shall include comprehensive data for each
program, organized by State, that includes--
``(i) the total amount of funds available for obligation,
identifying the unobligated balance of funds available at the
end of the preceding fiscal year and new funding available
for the current fiscal year;
``(ii) the total amount of funding obligated during the
current fiscal year;
``(iii) the remaining amount of funds available for
obligation;
``(iv) changes in the obligated, unexpended balance during
the current fiscal year, including the obligated, unexpended
balance at the end of the preceding fiscal year and current
fiscal year expenditures; and
``(v) the percentage of the total amount of obligations for
the current fiscal year used for construction and the total
amount obligated during the current fiscal year for
rehabilitation.
``(B) Project data.--To the maximum extent practicable, the
report shall include project-specific data, including data
describing--
``(i) the specific location of a project;
``(ii) whether the project is located in an area of the
State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals but less than 50,000
individuals; or
``(III) 50,000 or more individuals;
``(iii) the total cost of the project;
``(iv) the amount of Federal funding being used on the
project;
``(v) the 1 or more programs from which Federal funds are
obligated on the project;
``(vi) the type of improvement being made, such as
categorizing the project as--
``(I) a road reconstruction project;
``(II) a new road construction project;
``(III) a new bridge construction project;
``(IV) a bridge rehabilitation project; or
``(V) a bridge replacement project; and
``(vii) the ownership of the highway or bridge.
``(C) Transfers between programs.--The report shall include
a description of the amount of funds transferred between
programs by each State under section 126.''.
(b) Conforming Amendment.--Section 1503 of MAP-21 (23
U.S.C. 104 note; Public Law 112-141) is amended by striking
subsection (c).
SEC. 12205. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE
EXPENDITURES.
(a) Initial Report.--Not later than 150 days after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report describing
the administrative expenses of the Federal Highway
Administration funded from the Highway Trust Fund during the
3 most recent fiscal years.
(b) Updates.--Not later than 5 years after the date on
which the report is submitted under subsection (a) and every
5 years thereafter, the Comptroller General shall submit to
Congress a report that updates the information provided in
the report under that subsection for the preceding 5-year
period.
(c) Inclusions.--Each report submitted under subsection (a)
or (b) shall include a description of the--
(1) types of administrative expenses of programs and
offices funded by the Highway Trust Fund;
(2) tracking and monitoring of administrative expenses;
(3) controls in place to ensure that funding for
administrative expenses is used as efficiently as
practicable; and
(4) flexibility of the Department to reallocate amounts
from the Highway Trust Fund between full-time equivalent
employees and other functions.
SEC. 12206. AVAILABILITY OF REPORTS.
(a) In General.--The Secretary shall make available to the
public on the website of the
[[Page S5762]]
Department any report required to be submitted by the
Secretary to Congress after the date of enactment of this
Act.
(b) Deadline.--Each report described in subsection (a)
shall be made available on the website not later than 30 days
after the report is submitted to Congress.
SEC. 12207. PERFORMANCE PERIOD ADJUSTMENT.
(a) National Highway Performance Program.--Section 119 of
title 23, United States Code, is amended--
(1) in subsection (e)(7), by striking ``for 2 consecutive
reports submitted under this paragraph shall include in the
next report submitted'' and inserting ``shall include as part
of the performance target report under section 150(e)''; and
(2) in subsection (f)(1)(A), by striking ``If, during 2
consecutive reporting periods, the condition of the
Interstate System, excluding bridges on the Interstate
System, in a State falls'' and inserting ``If a State reports
that the condition of the Interstate System, excluding
bridges on the Interstate System, has fallen''.
(b) Highway Safety Improvement Program.--Section 148(i) of
title 23, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``performance targets of the State established under section
150(d) by the date that is 2 years after the date of the
establishment of the performance targets'' and inserting
``safety performance targets of the State established under
section 150(d)''; and
(2) in paragraphs (1) and (2), by inserting ``safety''
before ``performance targets'' each place it appears.
SEC. 12208. DESIGN STANDARDS.
(a) In General.--Section 109 of title 23, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``may take into account'' and inserting ``shall consider'';
and
(ii) in subparagraph (C), by striking ``access for'' and
inserting ``access and safety for''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph (F);
and
(iii) by inserting after subparagraph (C) the following:
``(D) the publication entitled `Highway Safety Manual' of
the American Association of State Highway and Transportation
Officials;
``(E) the publication entitled `Urban Street Design Guide'
of the National Association of City Transportation Officials;
and'';
(2) in subsection (f), by inserting ``pedestrian
walkways,'' after ``bikeways,''; and
(3) by adding at the end the following:
``(s) Safety for Motorized and Nonmotorized Users.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall
establish standards to ensure that the design of Federal
surface transportation projects provides for the safe and
adequate accommodation (as determined by the State or other
direct recipient of funds), in all phases of project
planning, development, and operation, of all users of the
transportation network, including motorized and nonmotorized
users.
``(2) Waiver for state law or policy.--The Secretary may
waive the application of standards established under
paragraph (1) to a State that has adopted a law or policy
that provides for the safe and adequate accommodation (as
determined by the State or other direct recipient of funds),
in all phases of project planning and development, of users
of the transportation network on federally funded surface
transportation projects.
``(3) Compliance.--
``(A) In general.--Each State department of transportation
shall submit a report to the Secretary, at such time, in such
manner, and containing such information as the Secretary
shall require, that describes measures implemented by the
State to comply with this subsection.
``(B) Determination by secretary.--Upon the receipt of a
report from a State under subparagraph (A), the Secretary
shall determine whether the State is in compliance with this
section.''.
(b) Design Standard Flexibility.--Notwithstanding section
109(o) of title 23, United States Code, a local jurisdiction
may use a roadway design guide that is different from the
roadway design guide used by the State in which the local
jurisdiction is located for the design of projects on all
roadways under the ownership of the local jurisdiction (other
than a highway on the Interstate System) if--
(1) the local jurisdiction is the project sponsor;
(2) the roadway design guide--
(A) is recognized by the Federal Highway Administration;
and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal
laws.
TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS
SEC. 13001. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT OF 1998 AMENDMENTS.
(a) Definitions.--Section 601(a) of title 23, United States
Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``In this chapter, the'' and inserting
``The''; and
(B) by inserting ``to sections 601 through 609'' after
``apply'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) capitalizing a rural projects fund using the proceeds
of a secured loan made to a State infrastructure bank in
accordance with sections 602 and 603, for the purpose of
making loans to sponsors of rural infrastructure projects in
accordance with section 610.'';
(3) in paragraph (3), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(4) in paragraph (10)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``related'' before ``projects''; and
(ii) by striking ``(which shall receive an investment grade
rating from a rating agency)'';
(B) in subparagraph (A), by striking ``subject to the
availability of future funds being made available to carry
out this chapter;'' and inserting ``subject to--
``(i) the availability of future funds being made available
to carry out the TIFIA program; and
``(ii) the satisfaction of all of the conditions for the
provision of credit assistance under the TIFIA program,
including section 603(b)(1);''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(ii) by inserting after clause (i) the following:
``(ii) receiving an investment grade rating from a rating
agency;'';
(iii) in clause (iii) (as so redesignated), by striking
``section 602(c)'' and inserting ``including sections 602(c)
and 603(b)(1)''; and
(iv) in clause (iv) (as so redesignated), by striking
``this chapter'' and inserting ``the TIFIA program'';
(5) in paragraph (12)--
(A) in subparagraph (D)(iv), by striking the period at the
end and inserting ``; and''; and
(B) by adding at the end the following:
``(E) a project to improve or construct public
infrastructure that is located within walking distance of,
and accessible to, a fixed guideway transit facility,
passenger rail station, intercity bus station, or intermodal
facility, including a transportation, public utility, and
capital project described in section 5302(3)(G)(v) of title
49, and related infrastructure;
``(F) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that--
``(i) has been approved by the Secretary of the Interior
pursuant to section 10 of the Endangered Species Act of 1973
(16 U.S.C. 1539); and
``(ii) as determined by the Secretary of the Interior,
would mitigate the environmental impacts of transportation
infrastructure projects otherwise eligible for assistance
under the TIFIA program; and
``(G) the capitalization of a rural projects fund by a
State infrastructure bank with the proceeds of a secured loan
made in accordance with sections 602 and 603, for the purpose
of making loans to sponsors of rural infrastructure projects
in accordance with section 610.'';
(6) in paragraph (15), by striking ``means'' and all that
follows through the period at the end and inserting ``means a
surface transportation infrastructure project located in an
area that is outside of an urbanized area with a population
greater than 150,000 individuals, as determined by the Bureau
of the Census.'';
(7) by redesignating paragraphs (16), (17), (18), (19), and
(20) as paragraphs (17), (18), (20), (21), and (22),
respectively;
(8) by inserting after paragraph (15) the following:
``(16) Rural projects fund.--The term `rural projects fund'
means a fund--
``(A) established by a State infrastructure bank in
accordance with section 610(d)(4);
``(B) capitalized with the proceeds of a secured loan made
to the bank in accordance with sections 602 and 603; and
``(C) for the purpose of making loans to sponsors of rural
infrastructure projects in accordance with section 610.'';
(9) by inserting after paragraph (18) (as redesignated) the
following:
``(19) State infrastructure bank.--The term `State
infrastructure bank' means an infrastructure bank established
under section 610.''; and
(10) in paragraph (22) (as redesignated), by inserting
``established under sections 602 through 609'' after
``Department''.
(b) Determination of Eligibility and Project Selection.--
Section 602 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``this chapter'' and inserting ``the TIFIA
program'';
(B) in paragraph (2)(A), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(C) in paragraph (3), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(D) in paragraph (5)--
(i) by striking the heading and inserting ``Eligible
project cost parameters.--'';
(ii) in subparagraph (A)--
[[Page S5763]]
(I) in the matter preceding clause (i), by striking
``subparagraph (B), to be eligible for assistance under this
chapter, a project'' and inserting ``subparagraphs (B) and
(C), a project under the TIFIA program'';
(II) by striking clause (i) and inserting the following:
``(i) $50,000,000; and''; and
(III) in clause (ii), by striking ``assistance''; and
(iii) in subparagraph (B)--
(I) by striking the subparagraph designation and heading
and all that follows through ``In the case'' and inserting
the following:
``(B) Exceptions.--
``(i) Intelligent transportation systems.--In the case'';
and
(II) by adding at the end the following:
``(ii) Transit-oriented development projects.--In the case
of a project described in section 601(a)(12)(E), eligible
project costs shall be reasonably anticipated to equal or
exceed $10,000,000.
``(iii) Rural projects.--In the case of a rural
infrastructure project or a project capitalizing a rural
projects fund, eligible project costs shall be reasonably
anticipated to equal or exceed $10,000,000, but not to exceed
$100,000,000.
``(iv) Local infrastructure projects.--Eligible project
costs shall be reasonably anticipated to equal or exceed
$10,000,000 in the case of projects or programs of projects--
``(I) in which the applicant is a local government, public
authority, or instrumentality of local government;
``(II) located on a facility owned by a local government;
or
``(III) for which the Secretary determines that a local
government is substantially involved in the development of
the project.'';
(E) in paragraph (9), in the matter preceding subparagraph
(A), by striking ``this chapter'' and inserting ``the TIFIA
program''; and
(F) in paragraph (10)--
(i) by striking ``To be eligible'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
to be eligible'';
(ii) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program'';
(iii) by striking ``not later than'' and inserting ``no
later than''; and
(iv) by adding at the end the following:
``(B) Rural projects fund.--In the case of a project
capitalizing a rural projects fund, the State infrastructure
bank shall demonstrate, not later than 2 years after the date
on which a secured loan is obligated for the project under
the TIFIA program, that the bank has executed a loan
agreement with a borrower for a rural infrastructure project
in accordance with section 610. After the demonstration is
made, the bank may draw upon the secured loan. At the end of
the 2-year period, to the extent the bank has not used the
loan commitment, the Secretary may extend the term of the
loan or withdraw the loan commitment.'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Master credit agreements.--
``(A) Program of related projects.--The Secretary may enter
into a master credit agreement for a program of related
projects secured by a common security pledge on terms
acceptable to the Secretary.
``(B) Adequate funding not available.--If the Secretary
fully obligates funding to eligible projects for a fiscal
year and adequate funding is not available to fund a credit
instrument, a project sponsor of an eligible project may
elect to enter into a master credit agreement and wait to
execute a credit instrument until the fiscal year for which
additional funds are available to receive credit
assistance.'';
(3) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``this chapter'' and inserting
``the TIFIA program''; and
(4) in subsection (e), by striking ``this chapter'' and
inserting ``the TIFIA program''.
(c) Secured Loan Terms and Limitations.--Section 603(b) of
title 23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``The amount of'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the amount of''; and
(B) by adding at the end the following:
``(B) Rural projects fund.--In the case of a project
capitalizing a rural projects fund, the maximum amount of a
secured loan made to a State infrastructure bank shall be
determined in accordance with section 602(a)(5)(B)(iii).'';
(2) in paragraph (3)(A)(i)--
(A) in subclause (III), by striking ``or'' at the end;
(B) in subclause (IV), by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(V) in the case of a secured loan for a project
capitalizing a rural projects fund, any other dedicated
revenue sources available to a State infrastructure bank,
including repayments from loans made by the bank for rural
infrastructure projects; and'';
(3) in paragraph (4)(B)--
(A) in clause (i), by striking ``under this chapter'' and
inserting ``or a rural projects fund under the TIFIA
program''; and
(B) in clause (ii), by inserting ``and rural project
funds'' after ``rural infrastructure projects'';
(4) in paragraph (5)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(B) in the matter preceding subparagraph (A), by striking
``The final'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the final''; and
(C) by adding at the end the following:
``(B) Rural projects fund.--In the case of a project
capitalizing a rural projects fund, the final maturity date
of the secured loan shall not exceed 35 years after the date
on which the secured loan is obligated.'';
(5) in paragraph (8), by striking ``this chapter'' and
inserting ``the TIFIA program''; and
(6) in paragraph (9)--
(A) by striking ``The total Federal assistance provided on
a project receiving a loan under this chapter'' and inserting
the following:
``(A) In general.--The total Federal assistance provided
for a project receiving a loan under the TIFIA program''; and
(B) by adding at the end the following:
``(B) Rural projects fund.--A project capitalizing a rural
projects fund shall satisfy clause (i) through compliance
with the Federal share requirement described in section
610(e)(3)(B).''.
(d) Program Administration.--Section 605 of title 23,
United States Code, is amended--
(1) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program''; and
(2) by adding at the end the following:
``(f) Assistance to Small Projects.--
``(1) Reservation of funds.--Of the funds made available to
carry out the TIFIA program for each fiscal year, and after
the set-aside under section 608(a)(6), not less than
$2,000,000 shall be made available for the Secretary to use
in lieu of fees collected under subsection (b) for projects
under the TIFIA program having eligible project costs that
are reasonably anticipated not to equal or exceed
$75,000,000.
``(2) Release of funds.--Any funds not used under paragraph
(1) shall be made available on October 1 of the following
fiscal year to provide credit assistance to any project under
the TIFIA program.''.
(e) State and Local Permits.--Section 606 of title 23,
United States Code, is amended in the matter preceding
paragraph (1) by striking ``this chapter'' and inserting
``the TIFIA program''.
(f) Regulations.--Section 607 of title 23, United States
Code, is amended by striking ``this chapter'' and inserting
``the TIFIA program''.
(g) Funding.--Section 608 of title 23, United States Code,
is amended--
(1) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program''; and
(2) in subsection (a)--
(A) in paragraph (2), by inserting ``of'' after ``504(f)'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``or rural projects
funds'' after ``rural infrastructure projects''; and
(ii) in subparagraph (B), by inserting ``or rural projects
funds'' after ``rural infrastructure projects'';
(C) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively; and
(D) in paragraph (5) (as so redesignated), by striking
``0.50 percent'' and inserting ``1.5 percent''.
(h) Reports to Congress.--Section 609 of title 23, United
States Code, is amended by striking ``this chapter (other
than section 610)'' each place it appears and inserting ``the
TIFIA program''.
(i) State Infrastructure Bank Program.--Section 610 of
title 23, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(11) Rural infrastructure project.--The term `rural
infrastructure project' has the meaning given the term in
section 601.
``(12) Rural projects fund.--The term `rural projects fund'
has the meaning given the term in section 601.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by striking ``each of fiscal
years'' and all that follows through the end of subparagraph
(A) and inserting ``each fiscal year under each of paragraphs
(1), (2), and (5) of section 104(b); and'';
(B) in paragraph (2), by striking ``in each of fiscal years
2005 through 2009'' and inserting ``in each fiscal year'';
(C) in paragraph (3), by striking ``in each of fiscal years
2005 through 2009'' and inserting ``in each fiscal year'';
(D) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(E) by inserting after paragraph (3) the following:
``(4) Rural projects fund.--Subject to subsection (j), the
Secretary may permit a State entering into a cooperative
agreement under this section to establish a State
infrastructure bank to deposit into the rural projects fund
of the bank the proceeds of a secured loan made to the bank
in accordance with section 602 and 603.''; and
(F) in paragraph (6) (as redesignated), by striking
``section 133(d)(3)'' and inserting ``section
133(d)(1)(A)(i)'';
(3) by striking subsection (e) and inserting the following:
``(e) Forms of Assistance From State Infrastructure
Banks.--
``(1) In general.--A State infrastructure bank established
under this section may--
[[Page S5764]]
``(A) with funds deposited into the highway account,
transit account, or rail account of the bank, make loans or
provide other forms of credit assistance to a public or
private entity to carry out a project eligible for assistance
under this section; and
``(B) with funds deposited into the rural projects fund,
make loans to a public or private entity to carry out a rural
infrastructure project.
``(2) Subordination of loan.--The amount of a loan or other
form of credit assistance provided for a project described in
paragraph (1) may be subordinated to any other debt financing
for the project.
``(3) Maximum amount of assistance.--A State infrastructure
bank established under this section may--
``(A) with funds deposited into the highway account,
transit account, or rail account, make loans or provide other
forms of credit assistance to a public or private entity in
an amount up to 100 percent of the cost of carrying out a
project eligible for assistance under this section; and
``(B) with funds deposited into the rural projects fund,
make loans to a public or private entity in an amount not to
exceed 80 percent of the cost of carrying out a rural
infrastructure project.
``(4) Initial assistance.--Initial assistance provided with
respect to a project from Federal funds deposited into a
State infrastructure bank under this section may not be made
in the form of a grant.'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``each account'' and
inserting ``the highway account, the transit account, and the
rail account''; and
(B) in paragraph (4), by inserting ``, except that any loan
funded from the rural projects fund of the bank shall bear
interest at or below the interest rate charged for the TIFIA
loan provided to the bank under section 603'' after
``feasible''; and
(5) in subsection (k), by striking ``For each of fiscal
years 2005 through 2009'' and inserting ``For each fiscal
year''.
TITLE IV--TECHNICAL CORRECTIONS
SEC. 14001. TECHNICAL CORRECTIONS.
(a) Section 101(a)(29) of title 23, United States Code, is
amended--
(1) in subparagraph (B), by inserting a comma after
``disabilities''; and
(2) in subparagraph (F)(i), by striking ``133(b)(11)'' and
inserting ``133(b)(14)''.
(b) Section 119(d)(1)(A) of title 23, United States Code,
is amended by striking ``mobility,'' and inserting
``congestion reduction, system reliability,''.
(c) Section 126(b) of title 23, United States Code (as
amended by section 11014(b)), is amended by striking
``133(d)'' and inserting ``133(d)(1)(A)''.
(d) Section 127(a)(3) of title 23, United States Code, is
amended by striking ``118(b)(2) of this title'' and inserting
``118(b)''.
(e) Section 150(c)(3)(B) of title 23, United States Code,
is amended by striking the semicolon at the end and inserting
a period.
(f) Section 153(h)(2) of title 23, United States Code, is
amended by striking ``paragraphs (1) through (3)'' and
inserting ``paragraphs (1), (2), and (4)''.
(g) Section 163(f)(2) of title 23, United States Code, is
amended by striking ``118(b)(2)'' and inserting ``118(b)''.
(h) Section 165(c)(7) of title 23, United States Code, is
amended by striking ``paragraphs (2), (4), (7), (8), (14),
and (19)'' and inserting ``paragraphs (2), (4), (6), (7), and
(14)''.
(i) Section 202(b)(3) of title 23, United States Code, is
amended--
(1) in subparagraph (A)(i), in the matter preceding
subclause (I), by inserting ``(a)(6),'' after
``subsections''; and
(2) in subparagraph (C)(ii)(IV), by striking ``(III).]''
and inserting ``(III).''.
(j) Section 217(a) of title 23, United States Code, is
amended by striking ``104(b)(3)'' and inserting
``104(b)(4)''.
(k) Section 327(a)(2)(B)(iii) of title 23, United States
Code, is amended by striking ``(42 U.S.C. 13 4321 et seq.)''
and inserting ``(42 U.S.C. 4321 et seq.)''.
(l) Section 504(a)(4) of title 23, United States Code, is
amended by striking ``104(b)(3)'' and inserting
``104(b)(2)''.
(m) Section 515 of title 23, United States Code, is amended
by striking ``this chapter'' each place it appears and
inserting ``sections 512 through 518''.
(n) Section 518(a) of title 23, United States Code, is
amended by inserting ``a report'' after ``House of
Representatives''.
(o) Section 6302(b)(3)(B)(vi)(III) of title 49, United
States Code, is amended by striking ``6310'' and inserting
``6309''.
(p) Section 1301(l)(3) of SAFETEA-LU (23 U.S.C. 101 note;
Public Law 109-59) is amended--
(1) in subparagraph (A)(i), by striking ``complied'' and
inserting ``compiled''; and
(2) in subparagraph (B), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''.
(q) Section 4407 of SAFETEA-LU (Public Law 109-59; 119
Stat. 1777), is amended by striking ``hereby enacted into
law'' and inserting ``granted''.
(r) Section 51001(a)(1) of the Transportation Research and
Innovative Technology Act of 2012 (126 Stat. 864) is amended
by striking ``sections 503(b), 503(d), and 509'' and
inserting ``section 503(b)''.
TITLE V--MISCELLANEOUS
SEC. 15001. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
Section 1528 of MAP-21 (40 U.S.C. 14501 note; Public Law
112-141) is amended--
(1) by striking ``2021'' each place it appears and
inserting ``2050''; and
(2) by striking ``shall be 100 percent'' each place it
appears and inserting ``shall be up to 100 percent, as
determined by the State''.
SEC. 15002. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.
(a) High-speed Broadband Development Initiative.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the
end the following:
``Sec. 14509. High-speed broadband deployment initiative
``(a) In General.--The Appalachian Regional Commission may
provide technical assistance, make grants, enter into
contracts, or otherwise provide amounts to individuals or
entities in the Appalachian region for projects and
activities--
``(1) to increase affordable access to broadband networks
throughout the Appalachian region;
``(2) to conduct research, analysis, and training to
increase broadband adoption efforts in the Appalachian
region;
``(3) to provide technology assets, including computers,
smartboards, and video projectors to educational systems
throughout the Appalachian region;
``(4) to increase distance learning opportunities
throughout the Appalachian region;
``(5) to increase the use of telehealth technologies in the
Appalachian region; and
``(6) to promote e-commerce applications in the Appalachian
region.
``(b) Limitation on Available Amounts.--Of the cost of any
activity eligible for a grant under this section--
``(1) not more than 50 percent may be provided from amounts
appropriated to carry out this section; and
``(2) notwithstanding paragraph (1)--
``(A) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, not more than 80 percent may be provided
from amounts appropriated to carry out this section; and
``(B) in the case of a project to be carried out in a
county for which an at-risk designation is in effect under
section 14526, not more than 70 percent may be provided from
amounts appropriated to carry out this section.
``(c) Sources of Assistance.--Subject to subsection (b), a
grant provided under this section may be provided from
amounts made available to carry out this section in
combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.''.
(2) Conforming amendment.--The analysis for chapter 145 of
title 40, United States Code, is amended by inserting after
the item relating to section 14508 the following:
``14509. High-speed broadband deployment initiative.''.
(b) Authorization of Appropriations.--Section 14703 of
title 40, United States Code, is amended--
(1) in subsection (a)(5), by striking ``fiscal year 2012''
and inserting ``each of fiscal years 2012 through 2021'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) High-speed Broadband Deployment Initiative.--Of the
amounts made available under subsection (a), $10,000,000
shall be used to carry out section 14509 for each of fiscal
years 2016 through 2021.''.
(c) Termination.--Section 14704 of title 40, United States
Code, is amended by striking ``2012'' and inserting ``2021''.
(d) Effective Date.--This section and the amendments made
by this section take effect on October 1, 2015.
SEC. 15003. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
Section 3907(a) of title 33, United States Code, is
amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 15004. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR
HABITAT AND FORAGE ON TRANSPORTATION RIGHTS-OF-
WAY.
(a) In General.--Section 319 of title 23, United States
Code, is amended--
(1) in subsection (a), by inserting ``(including the
enhancement of habitat and forage for pollinators)'' before
``adjacent''; and
(2) by adding at the end the following:
``(c) Encouragement of Pollinator Habitat and Forage
Development and Protection on Transportation Rights-of-way.--
In carrying out any program administered by the Secretary
under this title, the Secretary shall, in conjunction with
willing States, as appropriate--
``(1) encourage integrated vegetation management practices
on roadsides and other transportation rights-of-way,
including reduced mowing; and
``(2) encourage the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as
migratory way stations for
[[Page S5765]]
butterflies and facilitate migrations of other
pollinators.''.
(b) Provision of Habitat, Forage, and Migratory Way
Stations for Monarch Butterflies, Other Native Pollinators,
and Honey Bees.--Section 329(a)(1) of title 23, United States
Code, is amended by inserting ``provision of habitat, forage,
and migratory way stations for Monarch butterflies, other
native pollinators, and honey bees,'' before ``and aesthetic
enhancement''.
SEC. 15005. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.--Subject to subsection (c), the
Administrator of the Federal Highway Administration (referred
to in this section as the ``Administrator'') shall commission
the Transportation Research Board of the National Academy of
Sciences to conduct a study on the performance of bridges
that received funding under the innovative bridge research
and construction program (referred to in this section as the
``program'') under section 503(b) of title 23, United States
Code (as in effect on the day before the date of enactment of
SAFETEA-LU (Public Law 109-59; 119 Stat. 1144)) in meeting
the goals of that program, which included--
(1) the development of new, cost-effective innovative
material highway bridge applications;
(2) the reduction of maintenance costs and lifecycle costs
of bridges, including the costs of new construction,
replacement, or rehabilitation of deficient bridges;
(3) the development of construction techniques to increase
safety and reduce construction time and traffic congestion;
(4) the development of engineering design criteria for
innovative products and materials for use in highway bridges
and structures;
(5) the development of cost-effective and innovative
techniques to separate vehicle and pedestrian traffic from
railroad traffic;
(6) the development of highway bridges and structures that
will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges; and
(7) the development of new nondestructive bridge evaluation
technologies and techniques.
(b) Contents.--The study commissioned under subsection (a)
shall include--
(1) an analysis of the performance of bridges that received
funding under the program in meeting the goals described in
paragraphs (1) through (7) of subsection (a);
(2) an analysis of the utility, compared to conventional
materials and technologies, of each of the innovative
materials and technologies used in projects for bridges under
the program in meeting the needs of the United States in 2015
and in the future for a sustainable and low lifecycle cost
transportation system;
(3) recommendations to Congress on how the installed and
lifecycle costs of bridges could be reduced through the use
of innovative materials and technologies, including, as
appropriate, any changes in the design and construction of
bridges needed to maximize the cost reductions; and
(4) a summary of any additional research that may be needed
to further evaluate innovative approaches to reducing the
installed and lifecycle costs of highway bridges.
(c) Public Comment.--Before commissioning the study under
subsection (a), the Administrator shall provide an
opportunity for public comment on the study proposal.
(d) Data From States.--Each State that received funds under
the program shall provide to the Transportation Research
Board any relevant data needed to carry out the study
commissioned under subsection (a).
(e) Deadline.--The Administrator shall submit to Congress
the study commissioned under subsection (a) not later than 3
years after the date of enactment of this Act.
SEC. 15006. SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c), as amended by section 73103, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``2015'' and inserting ``2021''; and
(2) in subsection (b)(1)(A) by striking ``2015'' and
inserting ``2021''.
DIVISION B--PUBLIC TRANSPORTATION
TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT
SEC. 21001. SHORT TITLE.
This title may be cited as the ``Federal Public
Transportation Act of 2015''.
SEC. 21002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E), by striking ``bicycle storage
facilities and installing equipment'' and inserting ``bicycle
storage shelters and parking facilities and the installation
of equipment'';
(2) in paragraph (3)--
(A) by striking subparagraph (F) and inserting the
following:
``(F) leasing equipment or a facility for use in public
transportation;'';
(B) in subparagraph (G)--
(i) in clause (iv), by adding ``and'' at the end;
(ii) in clause (v), by striking ``and'' at the end; and
(iii) by striking clause (vi);
(C) in subparagraph (K), by striking ``or'' at the end;
(D) in subparagraph (L), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(M) associated transit improvements; or
``(N) technological changes or innovations to modify low or
no emission vehicles (as defined in section 5339(c)) or
facilities.''; and
(3) by adding at the end the following:
``(24) Value capture.--The term `value capture' means
recovering the increased value to property located near
public transportation resulting from investments in public
transportation.''.
SEC. 21003. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``resilient'' after
``development of'';
(2) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(3) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
``(3) Representation.--
``(A) In general.--Designation or selection of officials or
representatives under paragraph (2) shall be determined by
the metropolitan planning organization according to the
bylaws or enabling statute of the organization.
``(B) Public transportation representative.--Subject to the
bylaws or enabling statute of the metropolitan planning
organization, a representative of a provider of public
transportation may also serve as a representative of a local
municipality.
``(C) Powers of certain officials.--An official described
in paragraph (2)(B) shall have responsibilities, actions,
duties, voting rights, and any other authority commensurate
with other officials described in paragraph (2)(B).''; and
(C) in paragraph (5), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(4) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(5) in subsection (g)(3)(A), by inserting ``natural
disaster risk reduction,'' after ``environmental
protection,'';
(6) in subsection (h)(1)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``transit'' and
inserting ``public transportation facilities, intercity bus
facilities'';
(ii) in subparagraph (G)--
(I) by striking ``and provide'' and inserting ``,
provide''; and
(II) by inserting before the period at the end the
following: ``, and reduce vulnerability due to natural
disasters of the existing transportation infrastructure'';
and
(iii) in subparagraph (H), by inserting before the period
at the end the following: ``, including consideration of the
role that intercity buses may play in reducing congestion,
pollution, and energy consumption in a cost-effective manner
and strategies and investments that preserve and enhance
intercity bus systems, including systems that are privately
owned and operated'';
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before ``freight
shippers''; and
(ii) by inserting ``(including intercity bus operators and
commuter vanpool providers)'' after ``private providers of
transportation''; and
(C) in paragraph (8), by striking ``paragraph (2)(C)'' each
place that term appears and inserting ``paragraph (2)(E)'';
(8) in subsection (j)(5)(A), by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(3)'';
(9) in subsection (k)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(10) in subsection (l)--
(A) in paragraph (1), by adding a period at the end; and
(B) in paragraph (2)(D), by striking ``of less than
200,000'' and inserting ``with a population of 200,000 or
less'';
(11) by striking subsection (n);
(12) by 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
[[Page S5766]]
``(C) an urbanized area, which is comprised of--
``(i) a population of 145,000 and 25 square miles of land
area in the State of California; and
``(ii) a population of 65,000 and 12 square miles of land
area in the State of Nevada.''.
SEC. 21004. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) In General.--Section 5304 of title 49, United States
Code, is amended--
(1) in subsection (a)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)--
(i) in subparagraph (B)(ii), by striking ``urbanized areas
with a population of fewer than 200,000 individuals, as
calculated according to the most recent decennial census,
and'' and inserting ``areas''; and
(ii) in subparagraph (C)--
(I) by striking ``title 23'' and inserting ``this
chapter''; and
(II) by striking ``urbanized areas with a population of
fewer than 200,000 individuals, as calculated according to
the most recent decennial census, and'' and inserting
``areas'';
(3) in subsection (e)(1)--
(A) by striking ``'In'' and inserting ``In''; and
(B) by striking ``subsection (l)'' and inserting
``subsection (k)'';
(4) in subsection (f)--
(A) in paragraph (2)(B)(i), by striking ``subsection (l)''
and inserting ``subsection (k)'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``subsection (l)'' and
inserting ``subsection (k)''; and
(ii) in clause (ii), by inserting ``(including intercity
bus operators and commuter vanpool providers)'' after
``private providers of transportation'';
(C) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``should'' and inserting ``shall''; and
(D) in paragraph (8), by inserting ``, including
consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated'' before the period at
the end;
(5) in subsection (g)--
(A) in paragraph (2)(B)(i), by striking ``subsection (l)''
and inserting ``subsection (k)'';
(B) in paragraph (3)--
(i) by inserting ``public ports,'' before ``freight
shippers''; and
(ii) by inserting ``(including intercity bus operators)''
after ``private providers of transportation''; and
(C) in paragraph (6)(A), by striking ``subsection (l)'' and
inserting ``subsection (k)'';
(6) by striking subsection (i); and
(7) by redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(b) Conforming Amendment.--Section 5303(b)(5) of title 49,
United States Code, is amended by striking ``section
5304(l)'' and inserting ``section 5304(k)''.
SEC. 21005. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``or general public
demand response service'' before ``during'' each place that
term appears; and
(B) by adding at the end the following:
``(3) Exception to special rule.--Notwithstanding paragraph
(2), if a public transportation system described in that
paragraph executes a written agreement with 1 or more other
public transportation systems within the urbanized area to
allocate funds for the purposes described in that paragraph
by a method other than by measuring vehicle revenue hours,
each public transportation system that is a party to the
written agreement may follow the terms of the written
agreement without regard to measured vehicle revenue hours
referred to in that paragraph.
``(4) Temporary and targeted assistance.--
``(A) Eligibility.--The Secretary may make a grant under
this section to finance the operating cost of equipment and
facilities to a recipient for use in public transportation in
an area that the Secretary determines has--
``(i) a population of not fewer than 200,000 individuals,
as determined by the Bureau of the Census; and
``(ii) a 3-month unemployment rate, as reported by the
Bureau of Labor Statistics, that is--
``(I) greater than 7 percent; and
``(II) at least 2 percentage points greater than the lowest
3-month unemployment rate for the area during the 5-year
period preceding the date of the determination.
``(B) Award of grant.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the Secretary may make a grant under this
paragraph for not more than 2 consecutive fiscal years.
``(ii) Additional year.--If, at the end of the second
fiscal year following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
the Secretary determines that the 3-month unemployment rate
for the area is at least 2 percentage points greater than the
unemployment rate for the area at the time the Secretary made
the determination under subparagraph (A), the Secretary may
make a grant to a recipient in the area for 1 additional
consecutive fiscal year.
``(iii) Exclusion period.--Beginning on the last day of the
last consecutive fiscal year for which a recipient receives a
grant under this paragraph, the Secretary may not make a
subsequent grant under this paragraph to the recipient for a
number of fiscal years equal to the number of consecutive
fiscal years in which the recipient received a grant under
this paragraph.
``(C) Limitation.--
``(i) First fiscal year.--For the first fiscal year
following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
not more than 25 percent of the amount apportioned to a
designated recipient under section 5336 for the fiscal year
shall be available for operating assistance for the area.
``(ii) Second and third fiscal years.--For the second and
third fiscal years following the date on which the Secretary
makes a determination under subparagraph (A) with respect to
an area, not more than 20 percent of the amount apportioned
to a designated recipient under section 5336 for the fiscal
year shall be available for operating assistance for the
area.
``(D) Period of availability for operating assistance.--
Operating assistance awarded under this paragraph shall be
available for expenditure to a recipient in an area until the
end of the second fiscal year following the date on which the
Secretary makes a determination under subparagraph (A) with
respect to the area, after which time any unexpended funds
shall be available to the recipient for other eligible
activities under this section.
``(E) Certification.--The Secretary may make a grant for
operating assistance under this paragraph for a fiscal year
only if the recipient certifies that--
``(i) the recipient will maintain public transportation
service levels at or above the current service level, which
shall be demonstrated by providing an equal or greater number
of vehicle hours of service in the fiscal year than the
number of vehicle hours of service provided in the preceding
fiscal year;
``(ii) any non-Federal entity that provides funding to the
recipient, including a State or local governmental entity,
will maintain the tax rate or rate of allocations dedicated
to public transportation at or above the rate for the
preceding fiscal year;
``(iii) the recipient has allocated the maximum amount of
funding under this section for preventive maintenance costs
eligible as a capital expense necessary to maintain the level
and quality of service provided in the preceding fiscal year;
and
``(iv) the recipient will not use funding under this
section for new capital assets except as necessary for the
existing system to maintain or achieve a state of good
repair, assure safety, or replace obsolete technology.''; and
(2) in subsection (c)(1)--
(A) in subparagraph (C), by inserting ``in a state of good
repair'' after ``equipment and facilities'';
(B) in subparagraph (J), by adding ``and'' at the end;
(C) by striking subparagraph (K); and
(D) by redesignating subparagraph (L) as subparagraph (K).
SEC. 21006. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and weekend days'';
(B) in paragraph (6)--
(i) in subparagraph (A), by inserting ``, small start
projects,'' after ``new fixed guideway capital projects'';
and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) 2 or more projects that are any combination of new
fixed guideway capital projects, small start projects, and
core capacity improvement projects.''; and
(C) in paragraph (7)--
(i) in subparagraph (A), by striking ``$75,000,000'' and
inserting ``$100,000,000''; and
(ii) in subparagraph (B), by striking ``$250,000,000'' and
inserting ``$300,000,000'';
(2) in subsection (d)--
(A) in paragraph (1)(B), by striking ``, policies and land
use patterns that promote public transportation,''; and
(B) in paragraph (2)(A)--
(i) in clause (iii), by adding ``and'' at the end;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause (iv);
(3) in subsection (g)(2)(A)(i), by striking ``, the
policies and land use patterns that support public
transportation,'';
(4) in subsection (i)--
(A) in paragraph (1), by striking ``subsection (d) or (e)''
and inserting ``subsection (d), (e), or (h)'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``new fixed guideway capital
[[Page S5767]]
project or core capacity improvement'' after ``federally
funded'';
(ii) by striking subparagraph (D) and inserting the
following:
``(D) the program of interrelated projects, when evaluated
as a whole--
``(i) meets the requirements of subsection (d)(2),
subsection (e)(2), or paragraphs (3) and (4) of subsection
(h), as applicable, if the program is comprised entirely of--
``(I) new fixed guideway capital projects;
``(II) core capacity improvement projects; or
``(III) small start projects; or
``(ii) meets the requirements of subsection (d)(2) if the
program is comprised of any combination of new fixed guideway
projects, small start projects, and core capacity improvement
projects;''; and
(iii) in subparagraph (F), by inserting ``or (h)(5), as
applicable'' after ``subsection (f)''; and
(C) in paragraph (3), by striking subparagraph (A) and
inserting the following:
``(A) Project advancement.--A project receiving a grant
under this section that is part of a program of interrelated
projects may not advance--
``(i) in the case of a small start project, from the
project development phase to the construction phase unless
the Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
and there is a reasonable likelihood that the program will
continue to meet such requirements; or
``(ii) in the case of a new fixed guideway capital project
or a core capacity improvement project, from the project
development phase to the engineering phase, or from the
engineering phase to the construction phase, unless the
Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
and there is a reasonable likelihood that the program will
continue to meet such requirements.''; and
(5) by adding at the end the following:
``(p) Joint Public Transportation and Intercity Passenger
Rail Projects.--
``(1) In general.--The Secretary may make grants for new
fixed guideway capital projects and core capacity improvement
projects that provide both public transportation and
intercity passenger rail service.
``(2) Eligible costs.--Eligible costs for a project under
this subsection shall be limited to the net capital costs of
the public transportation costs attributable to the project
based on projected use of the new segment or expanded
capacity of the project corridor, not including project
elements designed to achieve or maintain a state of good
repair, as determined by the Secretary under paragraph (4).
``(3) Project justification and local financial
commitment.--A project under this subsection shall be
evaluated for project justification and local financial
commitment under subsections (d), (e), (f), and (h), as
applicable to the project, based on--
``(A) the net capital costs of the public transportation
costs attributable to the project as determined under
paragraph (4); and
``(B) the share of funds dedicated to the project from
sources other than this section included in the unified
finance plan for the project.
``(4) Calculation of net capital project cost.--The
Secretary shall estimate the net capital costs of a project
under this subsection based on--
``(A) engineering studies;
``(B) studies of economic feasibility;
``(C) the expected use of equipment or facilities; and
``(D) the public transportation costs attributable to the
project.
``(5) Government share of net capital project cost.--
``(A) Government share.--The Government share shall not
exceed 80 percent of the net capital cost attributable to the
public transportation costs of a project under this
subsection as determined under paragraph (4).
``(B) Non-government share.--The remainder of the net
capital cost attributable to the public transportation costs
of a project under this subsection shall be provided from an
undistributed cash surplus, a replacement or depreciation
cash fund or reserve, or new capital.''.
(b) Expedited Project Delivery for Capital Investment
Grants Pilot Program.--
(1) Definitions.--In this subsection, the following
definitions shall apply:
(A) Applicant.--The term ``applicant'' means a State or
local governmental authority that applies for a grant under
this subsection.
(B) Capital project; fixed guideway; local governmental
authority; public transportation; state; state of good
repair.--The terms ``capital project'', ``fixed guideway'',
``local governmental authority'', ``public transportation'',
``State'', and ``state of good repair'' have the meanings
given those terms in section 5302 of title 49, United States
Code.
(C) Core capacity improvement project.--The term ``core
capacity improvement project''--
(i) means a substantial corridor-based capital investment
in an existing fixed guideway system that increases the
capacity of a corridor by not less than 10 percent; and
(ii) may include project elements designed to aid the
existing fixed guideway system in making substantial progress
towards achieving a state of good repair.
(D) Corridor-based bus rapid transit project.--The term
``corridor-based bus rapid transit project'' means a small
start project utilizing buses in which the project represents
a substantial investment in a defined corridor as
demonstrated by features that emulate the services provided
by rail fixed guideway public transportation systems--
(i) including--
(I) defined stations;
(II) traffic signal priority for public transportation
vehicles;
(III) short headway bidirectional services for a
substantial part of weekdays; and
(IV) any other features the Secretary may determine support
a long-term corridor investment; and
(ii) the majority of which does not operate in a separated
right-of-way dedicated for public transportation use during
peak periods.
(E) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project, a small start project,
or a core capacity improvement project that has not entered
into a full funding grant agreement with the Federal Transit
Administration before the date of enactment of this Act.
(F) Fixed guideway bus rapid transit project.--The term
``fixed guideway bus rapid transit project'' means a bus
capital project--
(i) in which the majority of the project operates in a
separated right-of-way dedicated for public transportation
use during peak periods;
(ii) that represents a substantial investment in a single
route in a defined corridor or subarea; and
(iii) that includes features that emulate the services
provided by rail fixed guideway public transportation
systems, including--
(I) defined stations;
(II) traffic signal priority for public transportation
vehicles;
(III) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
(IV) any other features the Secretary may determine are
necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
(G) New fixed guideway capital project.--The term ``new
fixed guideway capital project'' means--
(i) a fixed guideway project that is a minimum operable
segment or extension to an existing fixed guideway system; or
(ii) a fixed guideway bus rapid transit project that is a
minimum operable segment or an extension to an existing bus
rapid transit system.
(H) Recipient.--The term ``recipient'' means a recipient of
funding under chapter 53 of title 49, United States Code.
(I) Small start project.--The term ``small start project''
means a new fixed guideway capital project, a fixed guideway
bus rapid transit project, or a corridor-based bus rapid
transit project for which--
(i) the Federal assistance provided or to be provided under
this subsection is less than $75,000,000; and
(ii) the total estimated net capital cost is less than
$300,000,000.
(2) General authority.--The Secretary may make grants under
this subsection to States and local governmental authorities
to assist in financing--
(A) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the
initial acquisition of rolling stock for the system, the
acquisition of rights-of-way, and relocation, for projects in
the advanced stages of planning and design; and
(B) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-
way, double tracking, signalization improvements,
electrification, expanding system platforms, acquisition of
rolling stock associated with corridor improvements
increasing capacity, construction of infill stations, and
such other capacity improvement projects as the Secretary
determines are appropriate to increase the capacity of an
existing fixed guideway system corridor by not less than 10
percent. Core capacity improvement projects do not include
elements to improve general station facilities or parking, or
acquisition of rolling stock alone.
(3) Grant requirements.--
(A) In general.--The Secretary may make not more than 10
grants under this subsection for an eligible project if the
Secretary determines that--
(i) the eligible project is part of an approved
transportation plan required under sections 5303 and 5304 of
title 49, United States Code;
(ii) the applicant has, or will have--
(I) the legal, financial, and technical capacity to carry
out the eligible project, including the safety and security
aspects of the eligible project;
(II) satisfactory continuing control over the use of the
equipment or facilities;
(III) the technical and financial capacity to maintain new
and existing equipment and facilities; and
(IV) advisors providing guidance to the applicant on the
terms and structure of the project that are independent from
investors in the project;
(iii) the eligible project is supported, or will be
supported, in part, through a public-private partnership,
provided such support is determined by local policies,
criteria, and
[[Page S5768]]
decisionmaking under section 5306(a) of title 49, United
States Code;
(iv) the eligible project is justified based on findings
presented by the project sponsor to the Secretary,
including--
(I) mobility improvements attributable to the project;
(II) environmental benefits associated with the project;
(III) congestion relief associated with the project;
(IV) economic development effects derived as a result of
the project; and
(V) estimated ridership projections; and
(v) the eligible project is supported by an acceptable
degree of local financial commitment (including evidence of
stable and dependable financing sources).
(B) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C),
and (H) of section 5307(c)(1) of title 49, United States
Code, shall be deemed to have provided sufficient information
upon which the Secretary may make the determinations required
under this paragraph.
(C) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for applicants
that have recently and successfully completed not less than 1
new fixed guideway capital project, small start project, or
core capacity improvement project, if--
(i) the applicant achieved budget, cost, and ridership
outcomes for the project that are consistent with or better
than projections; and
(ii) the applicant demonstrates that the applicant
continues to have the staff expertise and other resources
necessary to implement a new project.
(D) Financial commitment.--
(i) Requirements.--In determining whether an eligible
project is supported by an acceptable degree of local
financial commitment and shows evidence of stable and
dependable financing sources for purposes of subparagraph
(A)(v), the Secretary shall require that--
(I) each proposed source of capital and operating financing
is stable, reliable, and available within the proposed
eligible project timetable; and
(II) resources are available to recapitalize, maintain, and
operate the overall existing and proposed public
transportation system, including essential feeder bus and
other services necessary, without degradation to the existing
level of public transportation services.
(ii) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
financing under clause (i), the Secretary shall consider--
(I) the reliability of the forecasting methods used to
estimate costs and revenues made by the applicant and the
contractors to the applicant;
(II) existing grant commitments;
(III) the degree to which financing sources are dedicated
to the proposed eligible project;
(IV) any debt obligation that exists or is proposed by the
applicant, for the proposed eligible project or other public
transportation purpose; and
(V) private contributions to the eligible project,
including cost-effective project delivery, management or
transfer of project risks, expedited project schedule,
financial partnering, and other public-private partnership
strategies.
(E) Labor standards.--The requirements under section 5333
of title 49, United States Code, shall apply to each
recipient of a grant under this subsection.
(4) Project advancement.--An applicant that desires a grant
under this subsection and meets the requirements of paragraph
(3) shall submit to the Secretary, and the Secretary shall
approve for advancement, a grant request that contains--
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction and
operation of the eligible project;
(C) an analysis of the efficiencies of the proposed
eligible project development and delivery methods and
innovative financing arrangement for the eligible project,
including any documents related to the--
(i) public-private partnership required under paragraph
(3)(A)(iii); and
(ii) project justification required under paragraph
(3)(A)(iv); and
(D) a certification that the existing public transportation
system of the applicant or, in the event that the applicant
does not operate a public transportation system, the public
transportation system to which the proposed project will be
attached, is in a state of good repair.
(5) Written notice from the secretary.--
(A) In general.--Not later than 120 days after the date on
which the Secretary receives a grant request of an applicant
under paragraph (4), the Secretary shall provide written
notice to the applicant--
(i) of approval of the grant request; or
(ii) if the grant request does not meet the requirements
under paragraph (4), of disapproval of the grant request,
including a detailed explanation of the reasons for the
disapproval.
(B) Concurrent notice.--The Secretary shall provide
concurrent notice of an approval or disapproval of a grant
request under subparagraph (A) to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(6) Waiver.--The Secretary may grant a waiver to an
applicant that does not comply with paragraph (4)(D) if--
(A) the eligible project meets the definition of a core
capacity improvement project; and
(B) the Secretary certifies that the eligible project will
allow the applicant to make substantial progress in achieving
a state of good repair.
(7) Selection criteria.--The Secretary may enter into a
full funding grant agreement with an applicant under this
subsection for an eligible project for which an application
has been submitted and approved for advancement by the
Secretary under paragraph (4), only if the applicant has
completed the planning and activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(8) Letters of intent and full funding grant agreements.--
(A) Letters of intent.--
(i) Amounts intended to be obligated.--The Secretary may
issue a letter of intent to an applicant announcing an
intention to obligate, for an eligible project under this
subsection, an amount from future available budget authority
specified in law that is not more than the amount stipulated
as the financial participation of the Secretary in the
eligible project. When a letter is issued for an eligible
project under this subsection, the amount shall be sufficient
to complete at least an operable segment.
(ii) Treatment.--The issuance of a letter under clause (i)
is deemed not to be an obligation under section 1108(c),
1501, or 1502(a) of title 31, United States Code, or an
administrative commitment.
(B) Full funding grant agreements.--
(i) In general.--Except as provided in clause (v), an
eligible project shall be carried out under this subsection
through a full funding grant agreement.
(ii) Criteria.--The Secretary shall enter into a full
funding grant agreement, based the requirements of this
subparagraph, with each applicant receiving assistance for an
eligible project that has received a written notice of
approval under paragraph (5)(A)(i).
(iii) Terms.--A full funding grant agreement shall--
(I) establish the terms of participation by the Federal
Government in the eligible project;
(II) establish the maximum amount of Federal financial
assistance for the eligible project;
(III) include the period of time for completing
construction of the eligible project, consistent with the
terms of the public-private partnership agreement, even if
that period extends beyond the period of an authorization;
and
(IV) make timely and efficient management of the eligible
project easier according to the law of the United States.
(iv) Special financial rules.--
(I) In general.--A full funding grant agreement under this
subparagraph obligates an amount of available budget
authority specified in law and may include a commitment,
contingent on amounts to be specified in law in advance for
commitments under this subparagraph, to obligate an
additional amount from future available budget authority
specified in law.
(II) Statement of contingent commitment.--A full funding
grant agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
(III) Interest and other financing costs.--Interest and
other financing costs of efficiently carrying out a part of
the eligible project within a reasonable time are a cost of
carrying out the eligible project under a full funding grant
agreement, except that eligible costs may not be more than
the cost of the most favorable financing terms reasonably
available for the eligible project at the time of borrowing.
The applicant shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable diligence
in seeking the most favorable financing terms.
(IV) Completion of operable segment.--The amount stipulated
in an agreement under this subparagraph for a new fixed
guideway capital project, core capacity improvement project,
or small start project shall be sufficient to complete at
least an operable segment.
(v) Exception.--
(I) In general.--The Secretary, to the maximum extent
practicable, shall provide Federal assistance under this
subsection for a small start project in a single grant. If
the Secretary cannot provide such a single grant, the
Secretary may execute an expedited grant agreement in order
to include a commitment on the part of the Secretary to
provide funding for the project in future fiscal years.
(II) Terms of expedited grant agreements.--In executing an
expedited grant agreement under this clause, the Secretary
may include in the agreement terms similar to those
established under clause (iii).
(C) Limitation on amounts.--
(i) In general.--The Secretary may enter into full funding
grant agreements under this paragraph for eligible projects
that contain contingent commitments to incur obligations in
such amounts as the Secretary determines are appropriate.
(ii) Appropriation required.--An obligation may be made
under this paragraph only when amounts are appropriated for
obligation.
(D) Notification to congress.--
[[Page S5769]]
(i) In general.--Not later than 30 days before the date on
which the Secretary issues a letter of intent or enters into
a full funding grant agreement for an eligible project under
this paragraph, the Secretary shall notify, in writing, the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives of the
proposed letter of intent or full funding grant agreement.
(ii) Contents.--The written notification under clause (i)
shall include a copy of the proposed letter of intent or full
funding grant agreement for the eligible project.
(9) Government share of net capital project cost.--
(A) In general.--A grant for an eligible project shall not
exceed 25 percent of the net capital project cost.
(B) Remainder of net capital project cost.--The remainder
of the net capital project cost shall be provided from an
undistributed cash surplus, a replacement or depreciation
cash fund or reserve, or new capital.
(C) Limitation on statutory construction.--Nothing in this
subsection shall be construed as authorizing the Secretary to
require a non-Federal financial commitment for a project that
is more than 75 percent of the net capital project cost.
(D) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to subparagraph (A), a planned
extension to a fixed guideway system may include the cost of
rolling stock previously purchased if the applicant satisfies
the Secretary that only amounts other than amounts provided
by the Federal Government were used and that the purchase was
made for use on the extension. A refund or reduction of the
remainder may be made only if a refund of a proportional
amount of the grant of the Federal Government is made at the
same time.
(E) Failure to carry out project.--If an applicant does not
carry out an eligible project for reasons within the control
of the applicant, the applicant shall repay all Federal funds
awarded for the eligible project from all Federal funding
sources, for all eligible project activities, facilities, and
equipment, plus reasonable interest and penalty charges
allowable by law.
(F) Crediting of funds received.--Any funds received by the
Federal Government under this paragraph, other than interest
and penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
(10) Availability of amounts.--
(A) In general.--An amount made available for an eligible
project shall remain available to that eligible project for 5
fiscal years, including the fiscal year in which the amount
is made available. Any amounts that are unobligated to the
eligible project at the end of the 5-fiscal-year period may
be used by the Secretary for any purpose under this
subsection.
(B) Use of deobligated amounts.--An amount available under
this subsection that is deobligated may be used for any
purpose under this subsection.
(11) Annual report on expedited project delivery for
capital investment grants.--Not later than the first Monday
in February of each year, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes a proposed amount to be available to finance grants
for anticipated projects under this subsection.
(12) Before and after study and report.--
(A) Study required.--Each recipient shall conduct a study
that--
(i) describes and analyzes the impacts of the eligible
project on public transportation services and public
transportation ridership;
(ii) describes and analyzes the consistency of predicted
and actual benefits and costs of the innovative project
development and delivery methods or innovative financing for
the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) Submission of report.--Not later than 2 years after an
eligible project that is selected under this subsection
begins revenue operations, the recipient shall submit to the
Secretary a report on the results of the study conducted
under subparagraph (A).
(13) Rule of construction.--Nothing in this subsection
shall be construed to--
(A) require the privatization of the operation or
maintenance of any project for which an applicant seeks
funding under this subsection;
(B) revise the determinations by local policies, criteria,
and decisionmaking under section 5306(a) of title 49, United
States Code;
(C) alter the requirements for locally developed,
coordinated, and implemented transportation plans under
sections 5303 and 5304 of title 49, United States Code; or
(D) alter the eligibilities or priorities for assistance
under this subsection or section 5309 of title 49, United
States Code.
SEC. 21007. MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES.
(a) Coordination of Public Transportation Services With
Other Federally Assisted Local Transportation Services.--
(1) Definitions.--In this subsection--
(A) the term ``allocated cost model'' means a method of
determining the cost of trips by allocating the cost to each
trip purpose served by a transportation provider in a manner
that is proportional to the level of transportation service
that the transportation provider delivers for each trip
purpose, to the extent permitted by applicable Federal
requirements; and
(B) the term ``Council'' means the Interagency
Transportation Coordinating Council on Access and Mobility
established under Executive Order 13330 (49 U.S.C. 101 note).
(2) Coordinating council on access and mobility strategic
plan.--Not later than 2 years after the date of enactment of
this Act, the Council shall publish a strategic plan for the
Council that--
(A) outlines the role and responsibilities of each Federal
agency with respect to local transportation coordination,
including non-emergency medical transportation;
(B) identifies a strategy to strengthen interagency
collaboration;
(C) addresses any outstanding recommendations made by the
Council in the 2005 Report to the President relating to the
implementation of Executive Order 13330, including--
(i) a cost-sharing policy endorsed by the Council; and
(ii) recommendations to increase participation by
recipients of Federal grants in locally developed,
coordinated planning processes; and
(D) to the extent feasible, addresses recommendations by
the Comptroller General of the United States concerning local
coordination of transportation services.
(3) Development of cost-sharing policy in compliance with
applicable federal requirements.--In establishing the cost-
sharing policy required under paragraph (2), the Council may
consider, to the extent practicable--
(A) the development of recommended strategies for grantees
of programs funded by members of the Council, including
strategies for grantees of programs that fund non-emergency
medical transportation, to use the cost-sharing policy in a
manner that does not violate applicable Federal requirements;
and
(B) optional incorporation of an allocated cost model to
facilitate local coordination efforts that comply with
applicable requirements of programs funded by members of the
Council, such as--
(i) eligibility requirements;
(ii) service delivery requirements; and
(iii) reimbursement requirements.
(b) Pilot Program for Innovative Coordinated Access and
Mobility.--
(1) Definitions.--In this subsection--
(A) the term ``eligible project'' has the meaning given the
term ``capital project'' in section 5302 of title 49, United
States Code; and
(B) the term ``eligible recipient'' means a recipient or
subrecipient, as those terms are defined in section 5310 of
title 49, United States Code.
(2) General authority.--The Secretary may make grants under
this subsection to eligible recipients to assist in financing
innovative projects for the transportation disadvantaged that
improve the coordination of transportation services and non-
emergency medical transportation services, including--
(A) the deployment of coordination technology;
(B) projects that create or increase access to community
One-Call/One-Click Centers; and
(C) such other projects as determined by the Secretary.
(3) Application.--An eligible recipient shall submit to the
Secretary an application that, at a minimum, contains--
(A) a detailed description of the eligible project;
(B) an identification of all eligible project partners and
their specific role in the eligible project, including--
(i) private entities engaged in the coordination of non-
emergency medical transportation services for the
transportation disadvantaged; or
(ii) nonprofit entities engaged in the coordination of non-
emergency medical transportation services for the
transportation disadvantaged;
(C) a description of how the eligible project would--
(i) improve local coordination or access to coordinated
transportation services;
(ii) reduce duplication of service, if applicable; and
(iii) provide innovative solutions in the State or
community; and
(D) specific performance measures the eligible project will
use to quantify actual outcomes against expected outcomes.
(4) Government share of costs.--
(A) In general.--The Government share of the cost of an
eligible project carried out under this subsection shall not
exceed 80 percent.
(B) Non-government share.--The non-Government share of the
cost of an eligible project carried out under this subsection
may be derived from in-kind contributions.
(5) Rule of construction.--For purposes of this subsection,
non-emergency medical transportation services shall be
limited to services eligible under Federal programs other
than programs authorized under chapter 53 of title 49, United
States Code.
(c) Technical Correction.--Section 5310(a) of title 49,
United States Code, is amended by
[[Page S5770]]
striking paragraph (1) and inserting the following:
``(1) Recipient.--The term `recipient' means--
``(A) a designated recipient or a State that receives a
grant under this section directly; or
``(B) a State or local governmental entity that operates a
public transportation service.''.
SEC. 21008. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (c)(1), as amended by division G, by
striking subparagraphs (A) and (B) and inserting the
following:
``(A) $5,000,000 for each fiscal year shall be distributed
on a competitive basis by the Secretary.
``(B) $30,000,000 for each fiscal year shall be apportioned
as formula grants, as provided in subsection (j).''; and
(2) in subsection (j)(1)--
(A) in subparagraph (A)(iii), by striking ``(as defined by
the Bureau of the Census)'' and inserting ``(American Indian
Areas, Alaska Native Areas, and Hawaiian Home Lands, as
defined by the Bureau of the Census)''; and
(B) by adding at the end the following:
``(E) Allocation between multiple indian tribes.--If more
than 1 Indian tribe provides public transportation service on
tribal lands in a single Tribal Statistical Area, and the
Indian tribes do not determine how to allocate the funds
apportioned under clause (iii) of subparagraph (A) between
the Indian tribes, the Secretary shall allocate the funds
such that each Indian tribe shall receive an amount equal to
the total amount apportioned under such clause (iii)
multiplied by the ratio of the number of annual unlinked
passenger trips provided by each Indian tribe, as reported to
the National Transit Database, to the total unlinked
passenger trips provided by all the Indian tribes in the
Tribal Statistical Area.''.
SEC. 21009. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
DEPLOYMENT PROGRAM.
(a) In General.--Section 5312 of title 49, United States
Code, is amended--
(1) in the section heading, by striking ``projects'' and
inserting ``program'';
(2) in subsection (a), in the subsection heading, by
striking ``Projects'' and inserting ``Program'';
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by inserting
``demonstration, deployment, or evaluation'' before ``project
that'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; or''; and
(iv) by adding at the end the following:
``(C) the deployment of low or no emission vehicles, zero
emission vehicles, or associated advanced technology.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Prohibition.--The Secretary may not make grants under
this subsection for the demonstration, deployment, or
evaluation of a vehicle that is in revenue service unless the
Secretary determines that the project makes significant
technological advancements in the vehicle.
``(6) Definitions.--In this subsection--
``(A) the term `direct carbon emissions' means the quantity
of direct greenhouse gas emissions from a vehicle, as
determined by the Administrator of the Environmental
Protection Agency;
``(B) the term `low or no emission vehicle' means--
``(i) a passenger vehicle used to provide public
transportation that the Secretary determines sufficiently
reduces energy consumption or harmful emissions, including
direct carbon emissions, when compared to a comparable
standard vehicle; or
``(ii) a zero emission vehicle used to provide public
transportation; and
``(C) the term `zero emission vehicle' means a low or no
emission vehicle that produces no carbon or particulate
matter.'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(5) by inserting after subsection (d) the following:
``(e) Low or No Emission Vehicle Component Assessment.--
``(1) Definitions.--In this subsection--
``(A) the term `covered institution of higher education'
means an institution of higher education with which the
Secretary enters into a contract or cooperative agreement, or
to which the Secretary makes a grant, under paragraph (2)(B)
to operate a facility designated under paragraph (2)(A);
``(B) the terms `direct carbon emissions' and `low or no
emission vehicle' have the meanings given those terms in
subsection (d)(6);
``(C) the term `institution of higher education' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002); and
``(D) the term `low or no emission vehicle component' means
an item that is separately installed in and removable from a
low or no emission vehicle.
``(2) Assessing low or no emission vehicle components.--
``(A) In general.--The Secretary shall designate not more
than 2 facilities to conduct testing, evaluation, and
analysis of low or no emission vehicle components intended
for use in low or no emission vehicles.
``(B) Operation and maintenance.--
``(i) In general.--The Secretary shall enter into a
contract or cooperative agreement with, or make a grant to,
not more than 2 institutions of higher education to each
operate and maintain a facility designated under subparagraph
(A).
``(ii) Requirements.--An institution of higher education
described in clause (i) shall have--
``(I) previous experience with transportation-related
advanced component and vehicle evaluation;
``(II) laboratories capable of testing and evaluation;
``(III) direct access to or a partnership with a testing
facility capable of emulating real-world circumstances in
order to test low or no emission vehicle components installed
on the intended vehicle;
``(IV) extensive knowledge of public-private partnerships
in the transportation sector, with emphasis on development
and evaluation of materials, products, and components;
``(V) the ability to reduce costs to partners by leveraging
existing programs to provide complementary research,
development, testing, and evaluation; and
``(VI) the means to conduct performance assessments on low
or no emission vehicle components based on industry
standards.
``(C) Fees.--A covered institution of higher education
shall establish and collect fees, which shall be approved by
the Secretary, for the assessment of low or no emission
components at the applicable facility designated under
subparagraph (A).
``(D) Availability of amounts to pay for assessment.--The
Secretary shall enter into a contract or cooperative
agreement with, or make a grant to, each covered institution
of higher education under which--
``(i) the Secretary shall pay 50 percent of the cost of
assessing a low or no emission vehicle component at the
applicable facility designated under subparagraph (A) from
amounts made available to carry out this section; and
``(ii) the remaining 50 percent of such cost shall be paid
from amounts recovered through the fees established and
collected pursuant to subparagraph (C).
``(E) Voluntary testing.--A manufacturer of a low or no
emission vehicle component is not required to assess the low
or no emission vehicle component at a facility designated
under subparagraph (A).
``(F) Compliance with section 5318.--Notwithstanding
whether a low or no emission vehicle component is assessed at
a facility designated under subparagraph (A), each new bus
model shall comply with the requirements under section 5318.
``(G) Separate facility.--Each facility designated under
subparagraph (A) shall be separate and distinct from the
facility operated and maintained under section 5318.
``(3) Low or no emission vehicle component performance
reports.--Not later than 2 years after the date of enactment
of the Federal Public Transportation Act of 2015, and
annually thereafter, the Secretary shall issue a report on
low or no emission vehicle component assessments conducted at
each facility designated under paragraph (2)(A), which shall
include information related to the maintainability,
reliability, performance, structural integrity, efficiency,
and noise of those low or no emission vehicle components.
``(4) Public availability of assessments.--Each assessment
conducted at a facility designated under paragraph (2)(A)
shall be made publically available, including to affected
industries.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to require--
``(A) a low or no emission vehicle component to be tested
at a facility designated under paragraph (2)(A); or
``(B) the development or disclosure of a privately funded
component assessment.'';
(6) in subsection (f), as so redesignated--
(A) in paragraph (2), by striking ``and'' at the end;
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2) the following:
``(3) a list of any projects that returned negative results
in the preceding fiscal year and an analysis of such results;
and''; and
(D) in paragraph (4), as so redesignated, by inserting
before the period at the end the following: ``based on
projects in the pipeline, ongoing projects, and anticipated
research efforts necessary to advance certain projects to a
subsequent research phase''; and
(7) by adding at the end the following:
``(h) Cooperative Research Program.--
``(1) In general.--The Secretary shall establish--
``(A) a public transportation cooperative research program
under this subsection; and
``(B) an independent governing board for the program, which
shall recommend public transportation research, development,
and technology transfer activities the Secretary considers
appropriate.
``(2) Federal assistance.--The Secretary may make grants
to, and cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that
the Secretary determines appropriate.
``(3) Government share.--If there would be a clear and
direct financial benefit to an entity under a grant or
contract financed
[[Page S5771]]
under this section, the Secretary shall establish a
Government share consistent with that benefit.''.
(b) Technical and Conforming Amendments.--
(1) Title 49.--Chapter 53 of title 49, United States Code,
is amended by striking section 5313.
(2) Table of sections amendment.--The table of sections for
chapter 53 of title 49, United States Code, is amended by
striking the items relating to sections 5312 and 5313 and
inserting the following:
``5312. Research, development, demonstration, and deployment program.
``[5313. Repealed.]''.
SEC. 21010. PRIVATE SECTOR PARTICIPATION.
(a) In General.--Section 5315 of title 49, United States
Code, is amended by adding at the end the following:
``(d) Rule of Construction.--Nothing in this section shall
be construed to alter--
``(1) the eligibilities, requirements, or priority for
assistance provided under this chapter; or
``(2) the requirements of section 5306(a).''.
(b) MAP-21 Technical Correction.--Section 20013(d) of the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 694) is amended by striking ``5307(c)''
and inserting ``5307(b)''.
SEC. 21011. INNOVATIVE PROCUREMENT.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by inserting after section 5315 the
following:
``Sec. 5316. Innovative procurement
``(a) Definition.--In this section, the term `grantee'
means a recipient or subrecipient of assistance under this
chapter.
``(b) Cooperative Procurement.--
``(1) Definitions; general rules.--
``(A) Definitions.--In this subsection--
``(i) the term `cooperative procurement contract' means a
contract--
``(I) entered into between a State government or eligible
nonprofit and 1 or more vendors; and
``(II) under which the vendors agree to provide an option
to purchase rolling stock and related equipment to multiple
participants;
``(ii) the term `eligible nonprofit entity' means--
``(I) a nonprofit entity that is not a grantee; or
``(II) a consortium of entities described in subclause (I);
``(iii) the terms `lead nonprofit entity' and `lead
procurement agency' mean an eligible nonprofit entity or a
State government, respectively, that acts in an
administrative capacity on behalf of each participant in a
cooperative procurement contract;
``(iv) the term `participant' means a grantee that
participates in a cooperative procurement contract; and
``(v) the term `participate' means to purchase rolling
stock and related equipment under a cooperative procurement
contract using assistance provided under this chapter.
``(B) General rules.--
``(i) Procurement not limited to intrastate participants.--
A grantee may participate in a cooperative procurement
contract without regard to whether the grantee is located in
the same State as the parties to the contract.
``(ii) Voluntary participation.--Participation by grantees
in a cooperative procurement contract shall be voluntary.
``(iii) Contract terms.--The lead procurement agency or
lead nonprofit entity for a cooperative procurement contract
shall develop the terms of the contract.
``(iv) Duration.--A cooperative procurement contract--
``(I) subject to subclauses (II) and (III), may be for an
initial term of not more than 2 years;
``(II) may include not more than 3 optional extensions for
terms of not more than 1 year each; and
``(III) may be in effect for a total period of not more
than 5 years, including each extension authorized under
subclause (II).
``(v) Administrative expenses.--A lead procurement agency
or lead nonprofit entity, as applicable, that enters into a
cooperative procurement contract--
``(I) may charge the participants in the contract for the
cost of administering, planning, and providing technical
assistance for the contract in an amount that is not more
than 1 percent of the total value of the contract; and
``(II) with respect to the cost described in subclause (I),
may incorporate the cost into the price of the contract or
directly charge the participants for the cost, but not both.
``(2) State cooperative procurement schedules.--
``(A) Authority.--A State government may enter into a
cooperative procurement contract with 1 or more vendors if--
``(i) the vendors agree to provide an option to purchase
rolling stock and related equipment to the State government
and any other participant; and
``(ii) the State government acts throughout the term of the
contract as the lead procurement agency.
``(B) Applicability of policies and procedures.--In
procuring rolling stock and related equipment under a
cooperative procurement contract under this subsection, a
State government shall comply with the policies and
procedures that apply to procurement by the State government
when using non-Federal funds, to the extent that the policies
and procedures are in conformance with applicable Federal
law.
``(3) Pilot program for nonprofit cooperative
procurements.--
``(A) Establishment.--The Secretary shall establish and
carry out a pilot program to demonstrate the effectiveness of
cooperative procurement contracts administered by nonprofit
entities.
``(B) Designation.--In carrying out the program under this
paragraph, the Secretary shall designate not less than 1
eligible nonprofit entity to enter into a cooperative
procurement contract under which the nonprofit entity acts
throughout the term of the contract as the lead nonprofit
entity.
``(C) Number of entities.--The Secretary may designate not
more than 3 geographically diverse eligible nonprofit
entities under subparagraph (B).
``(D) Notice of intent to participate.--At a time
determined appropriate by the lead nonprofit entity, each
participant in a cooperative procurement contract under this
paragraph shall submit to the lead nonprofit entity a
nonbinding notice of intent to participate.
``(c) Leasing Arrangements.--
``(1) Capital lease defined.--
``(A) In general.--In this subsection, the term `capital
lease' means any agreement under which a grantee acquires the
right to use rolling stock or related equipment for a
specified period of time, in exchange for a periodic payment.
``(B) Maintenance.--A capital lease may require that the
lessor provide maintenance of the rolling stock or related
equipment covered by the lease.
``(2) Program to support innovative leasing arrangements.--
``(A) Authority.--A grantee may use assistance provided
under this chapter to enter into a capital lease if--
``(i) the rolling stock or related equipment covered under
the lease is eligible for capital assistance under this
chapter; and
``(ii) there is or will be no Federal interest in the
rolling stock or related equipment covered under the lease as
of the date on which the lease takes effect.
``(B) Grantee requirements.--A grantee that enters into a
capital lease shall--
``(i) maintain an inventory of the rolling stock or related
equipment acquired under the lease; and
``(ii) maintain on the accounting records of the grantee
the liability of the grantee under the lease.
``(C) Eligible lease costs.--The costs for which a grantee
may use assistance under this chapter, with respect to a
capital lease, include--
``(i) the cost of the rolling stock or related equipment;
``(ii) associated financing costs, including interest,
legal fees, and financial advisor fees;
``(iii) ancillary costs such as delivery and installation
charges; and
``(iv) maintenance costs.
``(D) Terms.--A grantee shall negotiate the terms of any
lease agreement that the grantee enters into.
``(E) Applicability of procurement requirements.--
``(i) Lease requirements.--Part 639 of title 49, Code of
Federal Regulations, or any successor regulation, and
implementing guidance applicable to leasing shall not apply
to a capital lease.
``(ii) Buy america.--The requirements under section 5323(j)
shall apply to a capital lease.
``(3) Incentive program for capital leasing of rolling
stock.--
``(A) Authority.--The Secretary shall carry out an
incentive program for capital leasing of rolling stock
(referred to in this paragraph as the `program').
``(B) Selection of participants.--
``(i) In general.--The Secretary shall select not less than
6 grantees to participate in the program, which shall be--
``(I) geographically diverse; and
``(II) evenly distributed among grantees in accordance with
clause (ii).
``(ii) Population size.--In selecting an even distribution
of grantees under clause (i)(II), the Secretary shall select
not less than--
``(I) 2 grantees that serve rural areas;
``(II) 2 grantees that serve urbanized areas with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census; and
``(III) 2 grantees that serve urbanized areas with a
population of 200,000 or more individuals, as determined by
the Bureau of the Census.
``(iii) Waiver.--The Secretary may waive a requirement
under clause (ii) if an insufficient number of eligible
grantees of a particular population size apply to participate
in the program.
``(C) Participant requirements.--
``(i) In general.--A grantee that participates in the
program shall--
``(I) enter into a capital lease for a period of not less
than 5 years; and
``(II) replace not less than \1/4\ of the grantee's fleet
through the capital lease.
``(ii) Vehicle requirements.--The vehicles replaced under
clause (i)(II), with respect to the fleet as constituted on
the day before the date on which the capital lease is entered
into, shall--
``(I) be the oldest vehicles in the fleet; or
``(II) produce the highest quantity of direct greenhouse
gas emissions relative to the other vehicles in the fleet, as
determined by the Administrator of the Environmental
Protection Agency.
``(iii) Waiver of federal interest requirements.--If a
grantee participating in
[[Page S5772]]
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.
``(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,
[[Page S5773]]
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 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
[[Page S5774]]
(B) in paragraph (2)(B), by inserting ``the provisions of''
before ``section 5336(b)(1)'';
(2) in subsection (d)--
(A) in paragraph (2), by striking ``section 5338(a)(2)(I),
2.85 percent'' and inserting ``section 5338(a)(2)(L), the
remainder after the application of subsection (c)(1)''; and
(B) by adding at the end the following:
``(5) Use of funds.--Amounts apportioned under this
subsection may be used for any project that is an eligible
project under subsection (b)(1).''; and
(3) by adding at the end the following:
``(e) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net project
cost of the project. The recipient may provide additional
local matching amounts.
``(2) Remaining costs.--The remainder of the net project
costs shall be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.''.
SEC. 21017. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, as amended by
division G, is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5322(b),
5322(d), 5335, 5337, 5339, and 5340, section 20005(b) of the
Federal Public Transportation Act of 2012, and section
21007(b) of the Federal Public Transportation Act of 2015--
``(A) $9,184,747,400 for fiscal year 2016;
``(B) $9,380,039,349 for fiscal year 2017;
``(C) $9,685,745,744 for fiscal year 2018;
``(D) $10,101,051,238 for fiscal year 2019;
``(E) $10,351,763,806 for fiscal year 2020; and
``(F) $10,609,442,553 for fiscal year 2021.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $132,020,000 for fiscal year 2016, $134,934,342 for
fiscal year 2017, $138,004,098 for fiscal year 2018,
$141,328,616 for fiscal year 2019, $144,893,631 for fiscal
year 2020, and $148,557,701 for fiscal year 2021 shall be
available to carry out section 5305;
``(B) $10,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 20005(b) of the
Federal Public Transportation Act of 2012;
``(C) $4,538,905,700 for fiscal year 2016, $4,639,102,043
for fiscal year 2017, $4,794,641,615 for fiscal year 2018,
$4,975,879,158 for fiscal year 2019, $5,101,395,710 for
fiscal year 2020, and $5,230,399,804 for fiscal year 2021
shall be allocated in accordance with section 5336 to provide
financial assistance for urbanized areas under section 5307;
``(D) $263,466,000 for fiscal year 2016, $269,282,012 for
fiscal year 2017, $275,408,178 for fiscal year 2018,
$288,264,292 for fiscal year 2019, $295,535,759 for fiscal
year 2020, and $303,009,267 for fiscal year 2021 shall be
available to provide financial assistance for services for
the enhanced mobility of seniors and individuals with
disabilities under section 5310;
``(E) $2,000,000 for each of fiscal years 2016 through 2021
shall be available for the pilot program for innovative
coordinated access and mobility under section 21007(b) of the
Federal Public Transportation Act of 2015;
``(F) $619,956,000 for fiscal year 2016, $633,641,529 for
fiscal year 2017, $648,056,873 for fiscal year 2018,
$678,308,311 for fiscal year 2019, $695,418,638 for fiscal
year 2020, and $713,004,385 for fiscal year 2021 shall be
available to provide financial assistance for rural areas
under section 5311, of which not less than--
``(i) $35,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5311(c)(1); and
``(ii) $20,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5311(c)(2);
``(G) $30,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5312, of which--
``(i) $5,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5312(e); and
``(ii) $5,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5312(h);
``(H) $4,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5314;
``(I) $3,000,000 for each of fiscal years 2016 through 2021
shall be available for bus testing under section 5318;
``(J) $5,000,000 for each of fiscal years 2016 through 2021
shall be available for the national transit institute under
section 5322(d);
``(K) $4,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5335;
``(L) $2,428,342,500 for fiscal year 2016, $2,479,740,661
for fiscal year 2017, $2,533,879,761 for fiscal year 2018,
$2,592,511,924 for fiscal year 2019, $2,655,385,537 for
fiscal year 2020, and $2,720,006,127 for fiscal year 2021
shall be available to carry out section 5337;
``(M) $430,794,600 for fiscal year 2016, $440,304,391 for
fiscal year 2017, $495,321,316 for fiscal year 2018,
$585,851,498 for fiscal year 2019, $605,422,352 for fiscal
year 2020, and $625,536,993 for fiscal year 2021 shall be
available for the bus and bus facilities program under
section 5339(a);
``(N) $180,000,000 for each of fiscal years 2016 and 2017,
$185,000,000 for fiscal year 2018, and $190,000,000 for each
of fiscal years 2019 through 2021 shall be available for bus
and bus facilities competitive grants under section 5339(b)
and no or low emission grants under section 5339(c), of which
$55,000,000 for each of fiscal years 2016 through 2021 shall
be available to carry out section 5339(c);
``(O) $533,262,600 for fiscal year 2016, $545,034,372 for
fiscal year 2017, $557,433,904 for fiscal year 2018,
$586,907,438 for fiscal year 2019, $601,712,178 for fiscal
year 2020, and $616,928,276 for fiscal year 2021 shall be
allocated in accordance with section 5340 to provide
financial assistance for urbanized areas under section 5307
and rural areas under section 5311; and
``(P) $4,000,000 for each of fiscal years 2019 through 2021
shall be available to carry out section 5322(b).
``(b) Research, Development, Demonstration, and Deployment
Program.--There are authorized to be appropriated to carry
out section 5312, other than subsections (e) and (h) of that
section, $20,000,000 for each of fiscal years 2016 through
2021.
``(c) Technical Assistance and Standards Development.--
There are authorized to be appropriated to carry out section
5314, $7,000,000 for each of fiscal years 2016 through 2021.
``(d) Human Resources and Training.--There are authorized
to be appropriated to carry out subsections (a), (b), (c),
and (e) of section 5322, $5,000,000 for each of fiscal years
2016 through 2021.
``(e) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section
5324.
``(f) Capital Investment Grants.--There are authorized to
be appropriated to carry out section 5309 of this title and
section 21006(b) of the Federal Public Transportation Act of
2015, $2,301,785,760 for fiscal year 2016, $2,352,597,681 for
fiscal year 2017, $2,406,119,278 for fiscal year 2018,
$2,464,082,691 for fiscal year 2019, $2,526,239,177 for
fiscal year 2020, and $2,590,122,713 for fiscal year 2021, of
which $276,214,291 for fiscal year 2016, $282,311,722 for
fiscal year 2017, $288,734,313 for fiscal year 2018,
$295,689,923 for fiscal year 2019, $303,148,701 for fiscal
year 2020, and $310,814,726 for fiscal year 2021 shall be
available to carry out section 21006(b) of the Federal Public
Transportation Act of 2015.
``(g) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $115,016,543 for fiscal year 2016,
$117,555,533 for fiscal year 2017, $120,229,921 for fiscal
year 2018, $123,126,260 for fiscal year 2019, $126,232,120
for fiscal year 2020, and $129,424,278 for fiscal year 2021.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $8,000,000
for each of fiscal years 2016 through 2021 shall be available
to carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,000,000 for each of fiscal
years 2016 through 2021 shall be available to carry out
section 5326.
``(h) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.
``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 1 percent of amounts made available to carry out
section 5337, of which not less than 0.25 percent shall be
available to carry out section 5329.
``(H) 0.75 percent of amounts made available to carry out
section 5339.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a major
capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
``(i) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of
the cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts
[[Page S5775]]
appropriated in advance from the General Fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Government share of the cost of the
project only to the extent that amounts are appropriated for
such purpose by an Act of Congress.
``(j) Availability of Amounts.--Amounts made available by
or appropriated under this section shall remain available
until expended.''.
SEC. 21018. GRANTS FOR BUS AND BUS FACILITIES.
(a) In General.--Chapter 53 of title 49, United States
Code, as amended by division G, is amended by striking
section 5339 and inserting the following:
``Sec. 5339. Grants for bus and bus facilities
``(a) Formula Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `low or no emission vehicle' has the meaning
given that term in subsection (c)(1);
``(B) the term `State' means a State of the United States;
and
``(C) the term `territory' means the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the United States Virgin Islands.
``(2) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients described
in paragraph (4)(A) in financing capital projects--
``(A) to replace, rehabilitate, and purchase buses and
related equipment, including technological changes or
innovations to modify low or no emissions vehicles or
facilities; and
``(B) to construct bus-related facilities.
``(3) Grant requirements.--The requirements of--
``(A) section 5307 shall apply to recipients of grants made
in urbanized areas under this subsection; and
``(B) section 5311 shall apply to recipients of grants made
in rural areas under this subsection.
``(4) Eligible recipients and subrecipients.--
``(A) Recipients.--Eligible recipients under this
subsection are--
``(i) designated recipients that allocate funds to fixed
route bus operators; or
``(ii) State or local governmental entities that operate
fixed route bus service.
``(B) Subrecipients.--A recipient that receives a grant
under this subsection may allocate amounts of the grant to
subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.
``(5) Distribution of grant funds.--Funds allocated under
section 5338(a)(2)(M) shall be distributed as follows:
``(A) National distribution.--$103,000,000 for each of
fiscal years 2016 through 2021 shall be allocated to all
States and territories, with each State receiving $2,000,000
for each such fiscal year and each territory receiving
$500,000 for each such fiscal year.
``(B) Distribution using population and service factors.--
The remainder of the funds not otherwise distributed under
subparagraph (A) shall be allocated pursuant to the formula
set forth in section 5336 other than subsection (b).
``(6) Transfers of apportionments.--
``(A) Transfer flexibility for national distribution
funds.--The Governor of a State may transfer any part of the
State's apportionment under paragraph (5)(A) to supplement
amounts apportioned to the State under section 5311(c) of
this title or amounts apportioned to urbanized areas under
subsections (a) and (c) of section 5336 of this title.
``(B) Transfer flexibility for population and service
factors funds.--The Governor of a State may expend in an
urbanized area with a population of less than 200,000 any
amounts apportioned under paragraph (5)(B) that are not
allocated to designated recipients in urbanized areas with a
population of 200,000 or more.
``(7) Government share of costs.--
``(A) Capital projects.--A grant for a capital project
under this subsection shall be for 80 percent of the net
capital costs of the project. A recipient of a grant under
this subsection may provide additional local matching
amounts.
``(B) Remaining costs.--The remainder of the net project
cost shall be provided--
``(i) in cash from non-Government sources other than
revenues from providing public transportation services;
``(ii) from revenues derived from the sale of advertising
and concessions;
``(iii) from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital;
``(iv) from amounts received under a service agreement with
a State or local social service agency or private social
service organization; or
``(v) from revenues generated from value capture financing
mechanisms.
``(8) Period of availability to recipients.--Amounts made
available under this subsection may be obligated by a
recipient for 3 fiscal years after the fiscal year in which
the amount is apportioned. Not later than 30 days after the
end of the 3-fiscal-year period described in the preceding
sentence, any amount that is not obligated on the last day of
that period shall be added to the amount that may be
apportioned under this subsection in the next fiscal year.
``(b) Bus and Bus Facilities Competitive Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to designated recipients to assist in the
financing of bus and bus facilities capital projects,
including--
``(A) replacing, rehabilitating, purchasing, or leasing
buses or related equipment; and
``(B) rehabilitating, purchasing, constructing, or leasing
bus-related facilities.
``(2) Grant considerations.--In making grants under this
subsection, the Secretary shall consider the age and
condition of buses, bus fleets, related equipment, and bus-
related facilities.
``(3) Statewide applications.--A State may submit a
statewide application on behalf of a public agency or private
nonprofit organization engaged in public transportation in
rural areas or other areas for which the State allocates
funds. The submission of a statewide application shall not
preclude the submission and consideration of any application
under this subsection from other eligible recipients in an
urbanized area in a State.
``(4) Requirements for the secretary.--The Secretary
shall--
``(A) disclose all metrics and evaluation procedures to be
used in considering grant applications under this subsection
upon issuance of the notice of funding availability in the
Federal Register; and
``(B) publish a summary of final scores for selected
projects, metrics, and other evaluations used in awarding
grants under this subsection in the Federal Register.
``(5) Rural projects.--Not less 10 percent of the amounts
made available under this subsection in a fiscal year shall
be distributed to projects in rural areas.
``(6) Grant requirements.--
``(A) In general.--A grant under this subsection shall be
subject to the requirements of--
``(i) section 5307 for recipients of grants made in
urbanized areas; and
``(ii) section 5311 for recipients of grants made in rural
areas.
``(B) Government share of costs.--The Government share of
the cost of an eligible project carried out under this
subsection shall not exceed 80 percent.
``(7) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available for 2 fiscal years after the
fiscal year for which the amount is made available; and
``(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be added to the amount
made available to an eligible project in the following fiscal
year.
``(8) Limitation.--Of the amounts made available under this
subsection, not more than 15 percent may be awarded to a
single grantee.
``(c) Low or No Emission Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `direct carbon emissions' means the quantity
of direct greenhouse gas emissions from a vehicle, as
determined by the Administrator of the Environmental
Protection Agency;
``(B) the term `eligible project' means a project or
program of projects in an eligible area for--
``(i) acquiring low or no emission vehicles;
``(ii) leasing low or no emission vehicles;
``(iii) acquiring low or no emission vehicles with a leased
power source;
``(iv) constructing facilities and related equipment for
low or no emission vehicles;
``(v) leasing facilities and related equipment for low or
no emission vehicles;
``(vi) constructing new public transportation facilities to
accommodate low or no emission vehicles; or
``(vii) rehabilitating or improving existing public
transportation facilities to accommodate low or no emission
vehicles;
``(C) the term `leased power source' means a removable
power source, as defined in paragraph (4)(A) of section
5316(c), that is made available through a capital lease under
that section;
``(D) the term `low or no emission bus' means a bus that is
a low or no emission vehicle;
``(E) the term `low or no emission vehicle' means--
``(i) a passenger vehicle used to provide public
transportation that the Secretary determines sufficiently
reduces energy consumption or harmful emissions, including
direct carbon emissions, when compared to a comparable
standard vehicle; or
``(ii) a zero emission vehicle used to provide public
transportation;
``(F) the term `recipient' means a designated recipient, a
local governmental authority, or a State that receives a
grant under this subsection for an eligible project; and
``(G) the term `zero emission vehicle' means a low or no
emission vehicle that produces no carbon or particulate
matter.
``(2) General authority.--The Secretary may make grants to
recipients to finance eligible projects under this
subsection.
``(3) Grant requirements.--
``(A) In general.--A grant under this subsection shall be
subject to the requirements of section 5307.
``(B) Government share of costs for certain projects.--
Section 5323(i) applies to eligible projects carried out
under this subsection, unless the recipient requests a lower
grant percentage.
``(C) Combination of funding sources.--
``(i) Combination permitted.--An eligible project carried
out under this subsection may receive funding under section
5307 or any other provision of law.
[[Page S5776]]
``(ii) Government share.--Nothing in this subparagraph
shall be construed to alter the Government share required
under paragraph (7), section 5307, or any other provision of
law.
``(4) Competitive process.--The Secretary shall--
``(A) not later than 30 days after the date on which
amounts are made available for obligation under this
subsection for a full fiscal year, solicit grant applications
for eligible projects on a competitive basis; and
``(B) award a grant under this subsection based on the
solicitation under subparagraph (A) not later than the
earlier of--
``(i) 75 days after the date on which the solicitation
expires; or
``(ii) the end of the fiscal year in which the Secretary
solicited the grant applications.
``(5) Consideration.--In awarding grants under this
subsection, the Secretary shall only consider eligible
projects relating to the acquisition or leasing of low or no
emission buses that--
``(A) make greater reductions in energy consumption and
harmful emissions, including direct carbon emissions, than
comparable standard buses or other low or no emission buses;
and
``(B) are part of a long-term integrated fleet management
plan for the recipient.
``(6) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available to an eligible project for 2
fiscal years after the fiscal year for which the amount is
made available; and
``(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be added to the amount
made available to an eligible project in the following fiscal
year.
``(7) Government share of costs.--
``(A) In general.--The Federal share of the cost of an
eligible project carried out under this subsection shall not
exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of the cost
of an eligible project carried out under this subsection may
be derived from in-kind contributions.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 53 of title 49, United States Code, is
amended by striking the item relating to section 5339 and
inserting the following:
``5339. Grants for bus and bus facilities.''.
SEC. 21019. SALARY OF FEDERAL TRANSIT ADMINISTRATOR.
(a) In General.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Federal Transit Administrator.''.
(b) Conforming Amendment.--Section 5314 of title 5, United
States Code, is amended by striking ``Federal Transit
Administrator.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first pay period
beginning on or after the first day of the first fiscal year
beginning after the date of enactment of this Act.
SEC. 21020. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Chapter 53 of Title 49, United States Code.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended--
(A) by striking section 5319;
(B) in section 5325--
(i) in subsection (e)(2), by striking ``at least two''; and
(ii) in subsection (h), by striking ``Federal Public
Transportation Act of 2012'' and inserting ``Federal Public
Transportation Act of 2015'';
(C) in section 5336--
(i) in subsection (a), by striking ``subsection (h)(4)''
and inserting ``subsection (h)(5)''; and
(ii) in subsection (h), as amended by division G--
(I) by striking paragraph (1) and inserting the following:
``(1) $30,000,000 for each fiscal year shall be set aside
to carry out section 5307(h);''; and
(II) in paragraph (3), by striking ``1.5 percent'' and
inserting ``2 percent''; and
(D) in section 5340(b), by striking ``section
5338(b)(2)(M)'' and inserting ``section 5338(a)(2)(O)''.
(2) Table of sections.--The table of sections for chapter
53 of title 49, United States Code, is amended by striking
the item relating to section 5319 and inserting the
following:
``[5319. Repealed.]''.
(b) Chapter 105 of Title 49, United States Code.--Section
10501(c) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking ``section 5302(a)''
and inserting ``section 5302''; and
(B) in subparagraph (B)--
(i) by striking ``mass transportation'' and inserting
``public transportation''; and
(ii) by striking ``section 5302(a)'' and inserting
``section 5302''; and
(2) in paragraph (2)(A), by striking ``mass
transportation'' and inserting ``public transportation''.
DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
SEC. 31001. SHORT TITLE.
This division may be cited as the ``Comprehensive
Transportation and Consumer Protection Act of 2015.''
SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, wherever in this
division an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 31003. EFFECTIVE DATE.
Subtitle A of title XXXII, sections 33103, 34101(g), 34105,
34106, 34107, 34133, 34141, 34202, 34203, 34204, 34205,
34206, 34207, 34208, 34211, 34212, 34213, 34214, 34215,
subtitles C and D of title XXXIV, and title XXXV take effect
on the date of enactment of this Act.
TITLE XXXI--OFFICE OF THE SECRETARY
Subtitle A--Accelerating Project Delivery
SEC. 31101. DELEGATION OF AUTHORITY.
(a) In General.--Chapter 1 is amended by adding at the end
the following:
``Sec. 116. Administrations; acting officers
``No person designated to serve as the acting head of an
administration in the department of transportation under
section 3345 of title 5 may continue to perform the functions
and duties of the office if the time limitations in section
3346 of that title would prevent the person from continuing
to serve in a formal acting capacity.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 is amended by inserting after the item relating to
section 115 the following:
``116. Administrations; acting officers.''.
(c) Application.--The amendment under subsection (a) shall
apply to any applicable office with a position designated for
a Senate confirmed official.
SEC. 31102. INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) In General.--Subchapter I of chapter 3, as amended by
sections 31104 and 31106 of this Act, is further amended by
adding after section 311 the following:
``Sec. 312. Interagency Infrastructure Permitting Improvement
Center
``(a) In General.--There is established in the Office of
the Secretary an Interagency Infrastructure Permitting
Improvement Center (referred to in this section as the
`Center').
``(b) Roles and Responsibilities.--
``(1) Governance.--The Center shall report to the chair of
the Steering Committee described in paragraph (2) to ensure
that the perspectives of all member agencies are represented.
``(2) Infrastructure permitting steering committee.--An
Infrastructure Permitting Steering Committee (referred to in
this section as the `Steering Committee') is established to
oversee the work of the Center. The Steering Committee shall
be chaired by the Federal Chief Performance Officer in
consultation with the Chair of the Council on Environmental
Quality and shall be comprised of Deputy-level
representatives from the following departments and agencies:
``(A) The Department of Defense.
``(B) The Department of the Interior.
``(C) The Department of Agriculture.
``(D) The Department of Commerce.
``(E) The Department of Transportation.
``(F) The Department of Energy.
``(G) The Department of Homeland Security.
``(H) The Environmental Protection Agency.
``(I) The Advisory Council on Historic Preservation.
``(J) The Department of the Army.
``(K) The Department of Housing and Urban Development.
``(L) Other agencies the Chair of the Steering Committee
invites to participate.
``(3) Activities.--The Center shall support the Chair of
the Steering Committee and undertake the following:
``(A) Coordinate and support implementation of priority
reform actions for Federal agency permitting and reviews for
areas as defined and identified by the Steering Committee.
``(B) Support modernization efforts at Federal agencies and
interagency pilots for innovative approaches to the
permitting and review of infrastructure projects.
``(C) Provide technical assistance and training to field
and headquarters staff of Federal agencies on policy changes,
innovative approaches to project delivery, and other topics
as appropriate.
``(D) Identify, develop, and track metrics for timeliness
of permit reviews, permit decisions, and project outcomes.
``(E) Administer and expand the use of online transparency
tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules for permit
reviews and permit decisions; and
``(iii) sharing of best practices related to efficient
project permitting and reviews.
``(F) Provide reporting to the President on progress toward
achieving greater efficiency in permitting decisions and
review of infrastructure projects and progress toward
achieving better outcomes for communities and the
environment.
``(G) Meet not less frequently than annually with groups or
individuals representing State, Tribal, and local governments
that are engaged in the infrastructure permitting process.
``(4) Infrastructure sectors covered.--The Center shall
support process improvements in the permitting and review of
infrastructure projects in the following sectors:
``(A) Surface transportation.
``(B) Aviation.
``(C) Ports and waterways.
``(D) Water resource projects.
[[Page S5777]]
``(E) Renewable energy generation.
``(F) Electricity transmission.
``(G) Broadband.
``(H) Pipelines.
``(I) Other sectors, as determined by the Steering
Committee.
``(c) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary, in coordination with
the heads of other Federal agencies on the Steering Committee
with responsibility for the review and approval of
infrastructure projects sectors described in subsection
(b)(4), shall evaluate and report on--
``(A) the progress made toward aligning Federal reviews of
such projects and the improvement of project delivery
associated with those projects; and
``(B) the effectiveness of the Center in achieving
reduction of permitting time and project delivery time.
``(2) Performance targets.--Not later than 180 days after
the date on which the Secretary of Transportation establishes
performance measures in accordance with paragraph (1), the
Secretary shall establish performance targets relating to
each of the measures and standards described in subparagraphs
(A) and (B) of paragraph (1).
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015 and biennially thereafter,
the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that describes--
``(A) the results of the evaluation conducted under
paragraph (1); and
``(B) the progress towards achieving the targets
established under paragraph (2).
``(4) Inspector general report.--Not later than 3 years
after the date of enactment of the Comprehensive
Transportation and Consumer Protection Act of 2015, the
Inspector General of the Department of Transportation shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
``(A) the results of the evaluation conducted under
paragraph (1); and
``(B) the progress towards achieving the targets
established under paragraph (2).''.
(b) Conforming Amendment.--The table of contents of chapter
3, as amended by sections 31104 and 31106 of this Act, is
further amended by inserting after the item relating to
section 311 the following:
``312. Interagency Infrastructure Permitting Improvement Center.''.
SEC. 31103. ACCELERATED DECISION-MAKING IN ENVIRONMENTAL
REVIEWS.
(a) In General.--Subchapter I of chapter 3 is amended by
inserting after section 304 the following:
``Sec. 304a. Accelerated decision-making in environmental
reviews
``(a) In General.--In preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), if the Department of
Transportation, when acting as lead agency, modifies the
statement in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant additional Departmental response, the
Department may write on errata sheets attached to the
statement instead of rewriting the draft statement, subject
to the condition that the errata sheets--
``(1) cite the sources, authorities, or reasons that
support the position of the Department; and
``(2) if appropriate, indicate the circumstances that would
trigger Departmental reappraisal or further response.
``(b) Incorporation.--To the maximum extent practicable,
the Department shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision, unless--
``(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
``(2) there are significant new circumstances or
information relevant to environmental concerns and that bear
on the proposed action or the impacts of the proposed
action.''.
(b) Conforming Amendment.--The table of contents of chapter
3 is amended by inserting after the item relating to section
304 the following:
``304a. Accelerated decision-making in environmental reviews.''.
SEC. 31104. ENVIRONMENTAL REVIEW ALIGNMENT AND REFORM.
(a) In General.--Subchapter I of chapter 3 is amended by
inserting after section 309 the following:
``Sec. 310. Aligning Federal environmental reviews
``(a) Coordinated and Concurrent Environmental Reviews.--
Not later than 1 year after the date of enactment of the
Comprehensive Transportation and Consumer Protection Act of
2015, the Department of Transportation, in coordination with
the Steering Committee described in section 312 of this
title, shall develop a coordinated and concurrent
environmental review and permitting process for
transportation projects when initiating an environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) (referred to in this section
as `NEPA'). The coordinated and concurrent environmental
review and permitting process shall--
``(1) ensure that the Department of Transportation and
Federal agencies of jurisdiction possess sufficient
information early in the review process to determine a
statement of a transportation project's purpose and need and
range of alternatives for analysis that the lead agency and
agencies of jurisdiction will rely upon for concurrent
environmental reviews and permitting decisions required for
the proposed project;
``(2) achieve early concurrence or issue resolution during
the NEPA scoping process on the Department of
Transportation's statement of a project's purpose and need
and during development of the environmental impact statement
on the range of alternatives for analysis that the lead
agency and agencies of jurisdiction will rely upon for
concurrent environmental reviews and permitting decisions
required for the proposed project absent circumstances that
require reconsideration in order to meet an agency of
jurisdiction's legal obligations; and
``(3) achieve concurrence or issue resolution in an
expedited manner if circumstances arise that require a
reconsideration of the purpose and need or range of
alternatives considered during any Federal agency's
environmental or permitting review in order to meet an agency
of jurisdiction's legal obligations.
``(b) Environmental Checklist.--The Secretary of
Transportation and Federal agencies of jurisdiction likely to
have substantive review or approval responsibilities on
transportation projects, not later than 90 days after the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015, shall jointly develop a
checklist to help project sponsors identify potential
natural, cultural, and historic resources in the area of a
proposed project. The purpose of the checklist is--
``(1) to identify agencies of jurisdiction and cooperating
agencies,
``(2) to develop the information needed for the purpose and
need and alternatives for analysis; and
``(3) to improve interagency collaboration to help expedite
the permitting process for the lead agency and Federal
agencies of jurisdiction.
``(c) Interagency Collaboration.--Consistent with Federal
environmental statutes and the priority reform actions for
Federal agency permitting and reviews defined and identified
by the Steering Committee established under section 312, the
Secretary shall facilitate annual interagency collaboration
sessions at the appropriate jurisdictional level to
coordinate business plans and facilitate coordination of
workload planning and workforce management. This engagement
shall ensure agency staff is fully engaged and utilizing the
flexibility of existing regulations, policies, and guidance
and identifying additional actions to facilitate high
quality, efficient, and targeted environmental reviews and
permitting decisions. The sessions and the interagency
collaborations they generate shall focus on how to work with
State and local transportation entities to improve project
planning, siting, and application quality and how to consult
and coordinate with relevant stakeholders and Federal,
tribal, State, and local representatives early in permitting
processes.
``(d) Performance Measurement.--Not later than 1 year after
the date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015, the Secretary of
Transportation, in coordination with the Steering Committee
established under section 312 of this title, shall establish
a program to measure and report on progress towards aligning
Federal reviews as outlined in this section.''.
(b) Conforming Amendment.--The table of contents of
subchapter I of chapter 3 is amended by inserting after the
item relating to section 309 the following:
``310. Aligning Federal environmental reviews.''.
SEC. 31105. MULTIMODAL CATEGORICAL EXCLUSIONS.
Section 304 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``operating authority'' and inserting
``operating administration or secretarial office'';
(ii) by inserting ``has expertise but'' before ``is not the
lead''; and
(iii) by inserting ``proposed multimodal'' before
``project'';
(B) by amending paragraph (2) to read as follows:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for a
proposed multimodal project.''; and
(C) in paragraph (3), by striking ``has the meaning given
the term in section 139(a) of title 23'' and inserting
``means an action by the Department of Transportation that
involves expertise of 1 or more Department of Transportation
operating administrations or secretarial offices'';
(2) in subsection (b), by striking ``under this title'' and
inserting ``by the Secretary of Transportation'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
[[Page S5778]]
(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.--
(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;
[[Page S5779]]
(H) describe how agencies developed their research plans;
and
(I) describe the opportunities for public and stakeholder
input.
(b) Funding Report.--In conjunction with each of the
President's annual budget requests under section 1105 of
title 31, United States Code, the Secretary shall submit a
report to appropriate committees of Congress that describes--
(1) the amount spent in the last completed fiscal year on
transportation research and development; and
(2) the amount proposed in the current budget for
transportation research and development.
(c) Performance Plans and Reports.--In the plans and
reports submitted under sections 1115 and 1116 of title 31,
United States Code, the Secretary shall include--
(1) a summary of the Federal transportation research and
development activities for the previous fiscal year in each
topic area;
(2) the amount spent in each topic area;
(3) a description of the extent to which the research and
development is meeting the expectations set forth in
subsection (d)(3)(A); and
(4) any amendments to the strategic plan developed under
subsection (d).
(d) Transportation Research and Development Strategic
Plan.--
(1) In general.--The Secretary shall develop a 5-year
transportation research and development strategic plan to
guide future Federal transportation research and development
activities.
(2) Consistency.--The strategic plan developed under
paragraph (1) shall be consistent with--
(A) section 306 of title 5, United States Code;
(B) sections 1115 and 1116 of title 31, United States Code;
and
(C) any other research and development plan within the
Department of Transportation.
(3) Contents.--The strategic plan developed under paragraph
(1) shall--
(A) describe the primary purposes of the transportation
research and development program, which shall include--
(i) promoting safety;
(ii) reducing congestion;
(iii) improving mobility;
(iv) preserving the existing transportation system;
(v) improving the durability and extending the life of
transportation infrastructure; and
(vi) improving goods movement;
(B) for each of the purposes referred to in subparagraph
(A), list the primary research and development topics that
the Department of Transportation intends to pursue to
accomplish that purpose, which may include--
(i) fundamental research in the physical and natural
sciences;
(ii) applied research;
(iii) technology research; and
(iv) social science research intended for each topic; and
(C) for each research and development topic--
(i) identify the anticipated annual funding levels for the
period covered by the strategic plan; and
(ii) include any additional information the Department of
Transportation expects to discover at the end of the period
covered by the strategic plan as a result of the research and
development in that topic area.
(4) Considerations.--The Secretary shall ensure that the
strategic plan developed under this section--
(A) reflects input from a wide range of stakeholders;
(B) includes and integrates the research and development
programs of all the Department of Transportation's modal
administrations, including aviation, transit, rail, and
maritime; and
(C) takes into account how research and development by
other Federal, State, private sector, and nonprofit
institutions--
(i) contributes to the achievement of the purposes
identified under paragraph (3)(A); and
(ii) avoids unnecessary duplication of such efforts.
(e) Technical and Conforming Amendments.--
(1) Chapter 5 of title 23.--Chapter 5 of title 23, United
States Code, is amended--
(A) by striking section 508;
(B) in the table of contents, by striking the item relating
to section 508;
(C) in section 502--
(i) in subsection (a)(9), by striking ``transportation
research and technology development strategic plan developed
under section 508'' and inserting ``transportation research
and development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''; and
(ii) in subsection (b)(4), by striking ``transportation
research and development strategic plan of the Secretary
developed under section 508'' and inserting ``transportation
research and development strategic plan under section 31203
of the Comprehensive Transportation and Consumer Protection
Act of 2015''; and
(D) in section 512(b), by striking ``as part of the
transportation research and development strategic plan
developed under section 508''.
(2) Intelligent transportation systems.--Section 5205 of
the Intelligent Transportation Systems Act of 1998 (23 U.S.C.
502 note) is amended--
(A) in subsection (b), by striking ``as part of the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code''
and inserting ``as part of the transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''; and
(B) in subsection (e)(2)(A), by striking ``or the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code''
and inserting ``or the transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''.
(3) Intelligent transportation system research.--Subtitle C
of title V of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. 512
note) is amended--
(A) in section 5305(h)(3)(A), by striking ``the strategic
plan under section 508 of title 23, United States Code'' and
inserting ``the 5-year transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''; and
(B) in section 5307(c)(2)(A), by striking ``or the surface
transportation research and development strategic plan
developed under section 508 of title 23, United States Code''
and inserting ``or the 5-year transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''.
SEC. 31204. RESEARCH OMBUDSMAN.
(a) In General.--Subtitle III is amended by inserting after
chapter 63 the following:
``CHAPTER 65--RESEARCH OMBUDSMAN
``Sec.
``6501. Research ombudsman.
``Sec. 6501. Research ombudsman
``(a) Establishment.--The Assistant Secretary for Research
and Technology shall appoint a career Federal employee to
serve as Research Ombudsman. This appointment shall not
diminish the authority of peer review of research.
``(b) Qualifications.--The Research Ombudsman appointed
under subsection (a), to the extent practicable--
``(1) shall have a background in academic research and a
strong understanding of sound study design;
``(2) shall develop a working knowledge of the stakeholder
communities and research needs of the transportation field;
and
``(3) shall not have served as a political appointee of the
Department.
``(c) Responsibilities.--
``(1) Addressing complaints and questions.--The Research
Ombudsman shall--
``(A) receive complaints and questions about--
``(i) significant alleged omissions, improprieties, and
systemic problems; and
``(ii) excessive delays of, or within, a specific research
project; and
``(B) evaluate and address the complaints and questions
described in subparagraph (A).
``(2) Petitions.--
``(A) Review.--The Research Ombudsman shall review
petitions relating to--
``(i) conflicts of interest;
``(ii) the study design and methodology;
``(iii) assumptions and potential bias;
``(iv) the length of the study; and
``(v) the composition of any data sampled.
``(B) Response to petitions.--The Research Ombudsman
shall--
``(i) respond to relevant petitions within a reasonable
period;
``(ii) identify deficiencies in the petition's study
design; and
``(iii) propose a remedy for such deficiencies to the
administrator of the modal administration responsible for
completing the research project.
``(C) Response to proposed remedy.--The administrator of
the modal administration charged with completing the research
project shall respond to the proposed research remedy.
``(3) Required reviews.--The Research Ombudsman shall
evaluate the study plan for all statutorily required studies
and reports before the commencement of such studies to ensure
that the research plan has an appropriate sample size and
composition to address the stated purpose of the study.
``(d) Reports.--
``(1) In general.--Upon the completion of each review under
subsection (c), the Research Ombudsman shall--
``(A) submit a report containing the results of such review
to--
``(i) the Secretary;
``(ii) the head of the relevant modal administration; and
``(iii) the study or research leader; and
``(B) publish such results on a public website, with the
modal administration response required under subsection
(c)(2)(C).
``(2) Independence.--Each report required under this
section shall be provided directly to the individuals
described in paragraph (1) without any comment or amendment
from the Secretary, the Deputy Secretary of Transportation,
the head of any modal administration of the Department, or
any other officer or employee of the Department or the Office
of Management and Budget.
``(e) Report to Inspector General.--The Research Ombudsman
shall submit any evidence of misfeasance, malfeasance, waste,
[[Page S5780]]
fraud, or abuse uncovered during a review under this section
to the Inspector General for further review.
``(f) Removal.--The Research Ombudsman shall be subject to
adverse employment action for misconduct or good cause in
accordance with the procedures and grounds set forth in
chapter 75 of title 5.''.
(b) Technical and Conforming Amendment.--The table of
chapters for subtitle III is amended by inserting after the
item relating to chapter 63 the following:
``65. Research ombudsman....................................6501''.....
SEC. 31205. SMART CITIES TRANSPORTATION PLANNING STUDY.
(a) In General.--The Secretary shall conduct a study of
digital technologies and information technologies, including
shared mobility, data, transportation network companies, and
on-demand transportation services--
(1) to understand the degree to which cities are adopting
these technologies;
(2) to assess future planning, infrastructure and
investment needs; and
(3) to provide best practices to plan for smart cities in
which information and technology are used--
(A) to improve city operations;
(B) to grow the local economy;
(C) to improve response in times of emergencies and natural
disasters; and
(D) to improve the lives of city residents.
(b) Components.--The study conducted under subsection (a)
shall--
(1) identify broad issues that influence the ability of the
United States to plan for and invest in smart cities,
including barriers to collaboration and access to scientific
information; and
(2) review how the expanded use of digital technologies,
mobile devices, and information may--
(A) enhance the efficiency and effectiveness of existing
transportation networks;
(B) optimize demand management services;
(C) impact low-income and other disadvantaged communities;
(D) assess opportunities to share, collect, and use data;
(E) change current planning and investment strategies; and
(F) provide opportunities for enhanced coordination and
planning.
(c) Reporting.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall publish the report
containing the results of the study required under subsection
(a) to a public website.
SEC. 31206. BUREAU OF TRANSPORTATION STATISTICS INDEPENDENCE.
Section 6302 is amended by adding at the end the following:
``(d) Independence of Bureau.--
``(1) In general.--The Director shall not be required--
``(A) to obtain the approval of any other officer or
employee of the Department with respect to the collection or
analysis of any information; or
``(B) prior to publication, to obtain the approval of any
other officer or employee of the United States Government
with respect to the substance of any statistical technical
reports or press releases lawfully prepared by the Director.
``(2) Budget authority.--The Director shall have a
significant role in the disposition and allocation of the
Bureau's authorized budget, including--
``(A) all hiring, grants, cooperative agreements, and
contracts awarded by the Bureau to carry out this section;
and
``(B) the disposition and allocation of amounts paid to the
Bureau for cost-reimbursable projects.
``(3) Exceptions.--The Secretary shall direct external
support functions, such as the coordination of activities
involving multiple modal administrations.
``(4) Information technology.--The Department Chief
Information Officer shall consult with the Director to ensure
decisions related to information technology guarantee the
protection of the confidentiality of information provided
solely for statistical purposes, in accordance with the
Confidential Information Protection and Statistical
Efficiency Act of 2002 (44 U.S.C. 3501 note).''.
SEC. 31207. CONFORMING AMENDMENTS.
(a) Title 49 Amendments.--
(1) Assistant secretaries; general counsel.--Section 102(e)
is amended--
(A) in paragraph (1), by striking ``5'' and inserting
``6''; and
(B) in paragraph (1)(A), by inserting ``an Assistant
Secretary for Research and Technology,'' before ``and an
Assistant Secretary''.
(2) Office of the assistant secretary for research and
technology of the department of transportation.--Section 112
is repealed.
(3) Table of contents.--The table of contents of chapter 1
is amended by striking the item relating to section 112.
(4) Research contracts.--Section 330 is amended--
(A) in the section heading, by striking ``contracts'' and
inserting ``activities'';
(B) in subsection (a), by inserting ``In General.--''
before ``The Secretary'';
(C) in subsection (b), by inserting ``Responsibilities.--''
before ``In carrying out'';
(D) in subsection (c), by inserting ``Publications.--''
before ``The Secretary''; and
(E) by adding at the end the following:
``(d) Duties.--The Secretary shall provide for the
following:
``(1) Coordination, facilitation, and review of the
Department's research and development programs and
activities.
``(2) Advancement, and research and development, of
innovative technologies, including intelligent transportation
systems.
``(3) Comprehensive transportation statistics research,
analysis, and reporting.
``(4) Education and training in transportation and
transportation-related fields.
``(5) Activities of the Volpe National Transportation
Systems Center.
``(e) Additional Authorities.--The Secretary may--
``(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies, other
public entities, private organizations, and other persons--
``(A) to conduct research into transportation service and
infrastructure assurance; and
``(B) to carry out other research activities of the
Department;
``(2) carry out, on a cost-shared basis, collaborative
research and development to encourage innovative solutions to
multimodal transportation problems and stimulate the
deployment of new technology with--
``(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies; and
``(3) directly initiate contracts, grants, cooperative
research and development agreements (as defined in section 12
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)), and other agreements to fund, and accept
funds from, the Transportation Research Board of the National
Research Council of the National Academy of Sciences, State
departments of transportation, cities, counties, institutions
of higher education, associations, and the agents of those
entities to carry out joint transportation research and
technology efforts.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of an activity carried out under subsection
(e)(3) shall not exceed 50 percent.
``(2) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(3) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
described in paragraph (1).
``(g) Program Evaluation and Oversight.--For fiscal years
2016 through 2021, the Secretary is authorized to expend not
more than 1 and a half percent of the amounts authorized to
be appropriated for necessary expenses for administration and
operations of the Office of the Assistant Secretary for
Research and Technology for the coordination, evaluation, and
oversight of the programs administered under this section.
``(h) Use of Technology.--The research, development, or use
of a technology under a contract, grant, cooperative research
and development agreement, or other agreement entered into
under this section, including the terms under which the
technology may be licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
``(i) Waiver of Advertising Requirements.--Section 6101 of
title 41 shall not apply to a contract, grant, or other
agreement entered into under this section.''.
(5) Table of contents.--The item relating to section 330 in
the table of contents of chapter 3 is amended by striking
``Contracts'' and inserting ``Activities''.
(6) Bureau of transportation statistics.--Section 6302(a)
is amended to read as follows:
``(a) In General.--There shall be within the Department the
Bureau of Transportation Statistics.''.
(b) Title 5 Amendments.--
(1) Positions at level ii.--Section 5313 of title 5, United
States Code, is amended by striking ``Under Secretary of
Transportation for Security.''.
(2) Positions at level iii.--Section 5314 of title 5,
United States Code, is amended by striking ``Administrator,
Research and Innovative Technology Administration.''.
(3) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by striking ``(4)'' in the
undesignated item relating to Assistant Secretaries of
Transportation and inserting ``(5)''.
(4) Positions at level v.--Section 5316 is amended by
striking ``Associate Deputy Secretary, Department of
Transportation.''.
SEC. 31208. REPEAL OF OBSOLETE OFFICE.
(a) In General.--Section 5503 is repealed.
(b) Table of Contents.--The table of contents of chapter 55
is amended by striking the item relating to section 5503.
Subtitle C--Port Performance Act
SEC. 31301. SHORT TITLE.
This subtitle may be cited as the ``Port Performance Act''.
SEC. 31302. FINDINGS.
Congress finds the following:
(1) America's ports play a critical role in the Nation's
transportation supply chain network.
(2) Reliable and efficient movement of goods through the
Nation's ports ensures
[[Page S5781]]
that American goods are available to customers throughout the
world.
(3) Breakdowns in the transportation supply chain network,
particularly at the Nation's ports, can result in tremendous
economic losses for agriculture, businesses, and retailers
that rely on timely shipments.
(4) A clear understanding of terminal and port productivity
and throughput should help--
(A) to identify freight bottlenecks;
(B) to indicate performance and trends over time; and
(C) to inform investment decisions.
SEC. 31303. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) In General.--Chapter 63 is amended by adding at the end
the following:
``Sec. 6314. Port performance freight statistics program
``(a) In General.--The Director shall establish, on behalf
of the Secretary, a port performance statistics program to
provide nationally consistent measures of performance of, at
a minimum--
``(1) the Nation's top 25 ports by tonnage;
``(2) the Nation's top 25 ports by 20-foot equivalent unit;
and
``(3) the Nation's top 25 ports by dry bulk.
``(b) Annual Reports.--
``(1) Port capacity and throughput.--Not later than January
15 of each year, the Director shall submit an annual report
to Congress that includes statistics on capacity and
throughput at the ports described in subsection (a).
``(2) Port performance measures.--The Director shall
collect monthly port performance measures for each of the
United States ports referred to in subsection (a) that
receives Federal assistance or is subject to Federal
regulation to submit an annual report to the Bureau of
Transportation Statistics that includes monthly statistics on
capacity and throughput as applicable to the specific
configuration of the port.
``(A) Monthly measures.--The Director shall collect monthly
measures, including--
``(i) the average number of lifts per hour of containers by
crane;
``(ii) the average vessel turn time by vessel type;
``(iii) the average cargo or container dwell time;
``(iv) the average truck time at ports;
``(v) the average rail time at ports; and
``(vi) any additional metrics, as determined by the
Director after receiving recommendations from the working
group established under subsection (c).
``(B) Modifications.--The Director may consider a
modification to a metric under subparagraph (A) if the
modification meets the intent of the section.
``(c) Recommendations.--
``(1) In general.--The Director shall obtain
recommendations for--
``(A) specifications and data measurements for the port
performance measures listed in subsection (b)(2);
``(B) additionally needed data elements for measuring port
performance; and
``(C) a process for the Department of Transportation to
collect timely and consistent data, including identifying
safeguards to protect proprietary information described in
subsection (b)(2).
``(2) Working group.--Not later than 60 days after the date
of the enactment of the Port Performance Act, the Director
shall commission a working group composed of--
``(A) operating administrations of the Department of
Transportation;
``(B) the Coast Guard;
``(C) the Federal Maritime Commission;
``(D) U.S. Customs and Border Protection;
``(E) the Marine Transportation System National Advisory
Council;
``(F) the Army Corps of Engineers;
``(G) the Saint Lawrence Seaway Development Corporation;
``(H) the Advisory Committee on Supply Chain
Competitiveness;
``(I) 1 representative from the rail industry;
``(J) 1 representative from the trucking industry;
``(K) 1 representative from the maritime shipping industry;
``(L) 1 representative from a labor organization for each
industry described in subparagraphs (I) through (K);
``(M) 1 representative from a port authority;
``(N) 1 representative from a terminal operator;
``(O) representatives of the National Freight Advisory
Committee of the Department; and
``(P) representatives of the Transportation Research Board
of the National Academies.
``(3) Recommendations.--Not later than 1 year after the
date of the enactment of the Port Performance Act, the
working group commissioned under this subsection shall submit
its recommendations to the Director.
``(d) Access to Data.--The Director shall ensure that the
statistics compiled under this section are readily accessible
to the public, consistent with applicable security
constraints and confidentiality interests.''.
(b) Prohibition on Certain Disclosures.--Section 6307(b)(1)
is amended by inserting ``or section 6314(b)'' after
``section 6302(b)(3)(B)'' each place it appears.
(c) Copies of Reports.--Section 6307(b)(2)(A) is amended by
inserting ``or section 6314(b)'' after ``section
6302(b)(3)(B)''.
(d) Technical and Conforming Amendment.--The table of
contents for chapter 63 is amended by adding at the end the
following:
``6314. Port performance freight statistics program.''.
TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS
Subtitle A--Compliance, Safety, and Accountability Reform
SEC. 32001. CORRELATION STUDY.
(a) In General.--The Administrator of the Federal Motor
Carrier Safety Administration (referred to in this subtitle
as the ``Administrator'') shall commission the National
Research Council of the National Academies to conduct a study
of--
(1) the Safety Measurement System (referred to in this
subtitle as ``SMS''); and
(2) the Compliance, Safety, Accountability program
(referred to in this subtitle as the ``CSA program'').
(b) Scope of Study.--In carrying out the study commissioned
pursuant to subsection (a), the National Research Council--
(1) shall analyze--
(A) the accuracy with which the Behavior Analysis and
Safety Improvement Categories (referred to in this subtitle
as ``BASIC'') safety measures used by SMS--
(i) identify high risk drivers and carriers; and
(ii) predict or be correlated with future crash risk, crash
severity, or other safety indicators for individual drivers,
motor carriers, and the highest risk carriers;
(B) the methodology used to calculate BASIC percentiles and
identify carriers for enforcement, including the weights
assigned to particular violations, and the tie between crash
risk and specific regulatory violations, in order to
accurately identify and predict future crash risk for motor
carriers;
(C) the relative value of inspection information and
roadside enforcement data;
(D) any data collection gaps or data sufficiency problems
that may exist and the impact of those data gaps and
insufficiencies on the efficacy of the CSA program; and
(E) the accuracy of data processing; and
(2) should consider--
(A) whether the current SMS provides comparable precision
and confidence for SMS alerts and percentiles for the
relative crash risk of individual large and small motor
carriers;
(B) whether alternative systems would identify high risk
carriers or identify high risk drivers and motor carriers
more accurately; and
(C) the recommendations and findings of the Comptroller
General of the United States and the Inspector General, and
independent review team reports issued before the date of the
enactment of this Act.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit a
report containing the results of the completed study to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Inspector General of the Department of
Transportation; and
(4) the Comptroller General of the United States.
(d) Corrective Action Plan.--
(1) In general.--Not later than 120 days after the
Administrator submits a report under subsection (c) that
identifies a deficiency or opportunity for improvement in the
CSA program or in any element of SMS, the Administrator shall
submit a corrective action plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives that--
(A) responds to the concerns highlighted by the report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such concerns; and
(C) provides an estimate of the cost, including changes in
staffing, enforcement, and data collection necessary to
implement the recommendations.
(2) Program reforms.--The corrective action plan submitted
under paragraph (1) shall include an implementation plan
that--
(A) includes benchmarks;
(B) includes programmatic reforms, revisions to
regulations, or proposals for legislation; and
(C) shall be considered in any rulemaking by the Department
of Transportation that relates to the CSA program, including
the SMS data sets or analysis.
(e) Inspector General Review.--Not later than 120 days
after the Administrator issues a corrective action plan under
subsection (d), the Inspector General of the Department of
Transportation shall--
(1) review the extent to which such plan implements--
(A) recommendations contained in the report submitted under
subsection (c); and
(B) recommendations issued by the Comptroller General or
the Inspector General before the date of enactment of this
Act; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the responsiveness of the corrective
action plan to the recommendations described in paragraph
(1).
(f) Fiscal Limitation.--The Administrator shall carry out
the study required under this section using amounts
appropriated to the
[[Page S5782]]
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 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.--
[[Page S5783]]
(1) In general.--Notwithstanding the limitations set forth
in subsections (a) and (b)--
(A) the Federal Motor Carrier Safety Administration and
State and local commercial motor vehicle enforcement agencies
may only use the information referred to in subsection (a)
for purposes of investigation and enforcement prioritization;
(B) motor carriers and commercial motor vehicle drivers may
access information referred to in subsection (a) that relates
directly to the motor carrier or driver, respectively; and
(C) the data analysis of motorcoach operators may be
provided online, with a notation indicating that the ratings
or alerts listed are not intended to imply any Federal safety
rating of the carrier.
(2) Notation.--The notation described under paragraph
(1)(C) shall include: ``Readers should not draw conclusions
about a carrier's overall safety condition simply based on
the data displayed in this system. Unless a motor carrier has
received an UNSATISFACTORY safety rating under part 385 of
title 49, Code of Federal Regulations, or has otherwise been
ordered to discontinue operations by the Federal Motor
Carrier Safety Administration, it is authorized to operate on
the Nation's roadways.''.
(3) Limitation.--Nothing in subparagraphs (A) and (B) of
paragraph (1) may be construed to restrict the official use
by State enforcement agencies of the data collected by State
enforcement personnel.
(e) Certification.--The certification process described in
subsection (a) shall occur concurrently with the
implementation of SIMS under section 32002.
(f) Completion.--The Secretary shall modify the CSA program
in accordance with section 32002 not later than 1 year after
the date of completion of the report described in section
32001(c).
SEC. 32004. DATA IMPROVEMENT.
(a) Functional Specifications.--Not later than 180 days
after the date of enactment of this Act, the Administrator
shall develop functional specifications to ensure the
consistent and accurate input of data into systems and
databases relating to the CSA program.
(b) Functionality.--The specifications developed pursuant
to subsection (a)--
(1) shall provide for the hardcoding and smart logic
functionality for roadside inspection data collection systems
and databases; and
(2) shall be made available to public and private sector
developers.
(c) Effective Data Management.--The Administrator shall
ensure that internal systems and databases accept and
effectively manage data using uniform standards.
(d) Consultation With the States.--Before implementing the
functional specifications described in subsection (a) or the
standards described in subsection (c), the Administrator
shall seek input from the State agencies responsible for
enforcing section 31102 of title 49, United States Code.
SEC. 32005. ACCIDENT REPORT INFORMATION.
(a) Review.--The Administrator shall initiate a
demonstration program that allows motor carriers and drivers
to request a review of crashes, and the removal of crash data
for use in the Federal Motor Carrier Safety Administration's
safety measurement system of crashes, and removal from any
weighting, or carrier safety analysis, if the commercial
motor vehicle was operated legally and another motorist in
connection with the crash is found--
(1) to have been driving under the influence;
(2) to have been driving the wrong direction on a roadway;
(3) to have struck the commercial motor vehicle in the
rear;
(4) to have struck the commercial motor vehicle which was
legally stopped;
(5) by the investigating officer or agency to have been
responsible for the crash; or
(6) to have committed other violations determined by the
Administrator.
(b) Documents.--As part of a request for review under
subsection (a), the motor carrier or driver shall submit a
copy of available police reports, crash investigations,
judicial actions, insurance claim information, and any
related court actions submitted by each party involved in the
accident.
(c) Solicitation of Other Information.--Following a notice
and comment period, the Administrator may solicit other types
of information to be collected under subsection (b) to
facilitate appropriate reviews under this section.
(d) Evaluation.--The Federal Motor Carrier Safety
Administration shall review the information submitted under
subsections (b) and (c).
(e) Results.--Subject to subsection (h)(2), the results of
the review under subsection (a)--
(1) shall be used to recalculate the motor carrier's crash
BASIC percentile;
(2) if the carrier is determined not to be responsible for
the crash incident, such information, shall be reflected on
the website of the Federal Motor Carrier Safety
Administration; and
(3) shall not be admitted as evidence or otherwise used in
a civil action.
(f) Fee System.--
(1) Establishment.--The Administrator may establish a fee
system, in accordance with section 9701 of title 31, United
States Code, in which a motor carrier is charged a fee for
each review of a crash requested by such motor carrier under
this section.
(2) Disposition of fees.--Fees collected under this
section--
(A) may be credited to the Department of Transportation
appropriations account for purpose of carrying out this
section; and
(B) shall be used to fully fund the operation of the review
program authorized under this section.
(g) Review and Report.--Not earlier than 2 years after the
establishment of the demonstration program under this
section, the Administrator shall--
(1) conduct a review of the internal crash review program
to determine if other crash types should be included; and
(2) submit a report to Congress that describes--
(A) the number of crashes reviewed;
(B) the number of crashes for which the commercial motor
vehicle operator was determined not to be at fault; and
(C) relevant information relating to the program, including
the cost to operate the program and the fee structure
established.
(h) Implementation and Oversight Responsibility.--
(1) In general.--The Administrator shall ensure that the
activities described in subsections (a) through (d) of this
section are not required under section 31102 of title 49,
United States Code, as amended by this Act.
(2) Reviews involving fatalities.--If a review under
subsection (a) involves a fatality, the Inspector General of
the Department of Transportation shall audit and certify the
review prior to making any changes under subsection (e).
SEC. 32006. POST-ACCIDENT REPORT REVIEW.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a working
group--
(1) to review the data elements of post-accident reports,
for tow-away accidents involving commercial motor vehicles,
that are reported to the Federal Government; and
(2) to report to the Secretary its findings and any
recommendations, including best practices for State post-
accident reports to achieve the data elements described in
subsection (c).
(b) Composition.--Not less than 51 percent of the working
group should be composed of individuals representing the
States or State law enforcement officials. The remaining
members of the working group shall represent industry, labor,
safety advocates, and other interested parties.
(c) Considerations.--The working group shall consider
requiring additional data elements, including--
(1) the primary cause of the accident, if the primary cause
can be determined;
(2) the physical characteristics of the commercial motor
vehicle and any other vehicle involved in the accident,
including--
(A) the vehicle configuration;
(B) the gross vehicle weight if the weight can be readily
determined;
(C) the number of axles; and
(D) the distance between axles, if the distance can be
readily determined; and
(3) any data elements that could contribute to the
appropriate consideration of requests under section 32005.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) review the findings of the working group;
(2) identify the best practices for State post-accident
reports that are reported to the Federal Government,
including identifying the data elements that should be
collected following a tow-away commercial motor vehicle
accident; and
(3) recommend to the States the adoption of new data
elements to be collected following reportable commercial
motor vehicle accidents.
SEC. 32007. RECOGNIZING EXCELLENCE IN SAFETY.
(a) In General.--The Administrator shall establish a
program to publicly recognize motor carriers and drivers
whose safety records and programs exceed compliance with the
Federal Motor Carrier Safety Administration's safety
regulations and demonstrate clear and outstanding safety
practices.
(b) Restriction.--The program established under subsection
(a) may not be deemed to be an endorsement of, or a
preference for, motor carriers or drivers recognized under
the program.
SEC. 32008. HIGH RISK CARRIER REVIEWS.
(a) In General.--After the completion of the certification
under section 32003 of this Act, and the establishment of the
Safety Fitness Determination program, the Secretary shall
ensure that a review is completed on each motor carrier that
demonstrates through performance data that it poses the
highest safety risk. At a minimum, a review shall be
conducted whenever a motor carrier is among the highest risk
carriers for 4 consecutive months.
(b) Report.--Not later than 180 days after the completion
of the certification under section 32003 of this Act and the
establishment of the Safety Fitness Determination program,
the Secretary shall post on a public website a report on the
actions the Secretary has taken to comply with this section,
including the number of high risk carriers identified and the
high risk carriers reviewed.
(c) Conforming Amendment.--Section 4138 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31144 note) is repealed.
[[Page S5784]]
Subtitle B--Transparency and Accountability
SEC. 32201. PETITIONS FOR REGULATORY RELIEF.
(a) Applications for Regulatory Relief.--Notwithstanding
subpart C of part 381 of title 49, Code of Federal
Regulations, the Secretary shall allow an applicant
representing a class or group of motor carriers to apply for
a specific exemption from any provision of the regulations
under part 395 of title 49, Code of Federal Regulations, for
commercial motor vehicle drivers.
(b) Review Process.--
(1) In general.--The Secretary shall establish the
procedures for the application for and the review of an
exemption under subsection (a).
(2) Publication.--Not later than 30 days after the date of
receipt of an application for an exemption, the Secretary
shall publish the application in the Federal Register and
provide the public with an opportunity to comment.
(3) Public comment.--
(A) In general.--Each application shall be available for
public comment for a 30-day period, but the Secretary may
extend the opportunity for public comment for up to 60 days
if it is a significant or complex request.
(B) Review.--Beginning on the date that the public comment
period under subparagraph (A) ends, the Secretary shall have
60 days to review all of the comments received.
(4) Determination.--At the end of the 60-day period under
paragraph (3)(B), the Secretary shall publish a determination
in the Federal Register, including--
(A) the reason for granting or denying the application; and
(B) if the application is granted--
(i) the specific class of persons eligible for the
exemption;
(ii) each provision of the regulations to which the
exemption applies; and
(iii) any conditions or limitations applied to the
exemption.
(5) Considerations.--In making a determination whether to
grant or deny an application for an exemption, the Secretary
shall consider the safety impacts of the request and may
provide appropriate conditions or limitations on the use of
the exemption.
(c) Opportunity for Resubmission.--If an application is
denied and the applicant can reasonably address the reason
for the denial, the Secretary may allow the applicant to
resubmit the application.
(d) Period of Applicability.--
(1) In general.--Except as provided in paragraph (2) of
this subsection and subsection (f), each exemption granted
under this section shall be valid for a period of 5 years
unless the Secretary identifies a compelling reason for a
shorter exemption period.
(2) Renewal.--At the end of the 5-year period under
paragraph (1)--
(A) the Secretary, at the Secretary's discretion, may renew
the exemption for an additional 5-year period; or
(B) an applicant may apply under subsection (a) for a
permanent exemption from each applicable provision of the
regulations.
(e) Limitation.--No exemption under this section may be
granted to or used by any motor carrier that has an
unsatisfactory or conditional safety fitness determination.
(f) Permanent Exemptions.--
(1) In general.--The Secretary shall make permanent the
following limited exceptions:
(A) Department of Defense Military Surface Deployment and
Distribution Command transport of weapons, munitions, and
sensitive classified cargo as published in the Federal
Register Volume 80 on April 16, 2015 (80 Fed. Reg. 20556).
(B) Department of Energy transport of security-sensitive
radioactive materials as published in the Federal Register
Volume 80 on June 22, 2015 (80 Fed. Reg. 35703).
(C) Motor carriers that transport hazardous materials
shipments requiring security plans under regulations of the
Pipeline and Hazardous Materials Safety Administration as
published in the Federal Register Volume 80 on May 1, 2015
(80 Fed. Reg. 25004).
(D) Perishable construction products as published in the
Federal Register Volume 80 on April 2, 2015 (80 Fed. Reg.
17819).
(E) Passenger vehicle record of duty status change as
published in the Federal Register Volume 80 on June 4, 2015
(80 Fed. Reg. 31961).
(F) Transport of commercial bee hives as published in the
Federal Register Volume 80 on June 19, 2018. (80 Fed. Reg.
35425).
(G) Specialized carriers and drivers responsible for
transporting loads requiring special permits as published in
the Federal Register Volume 80 on June 18, 2015 (80 Fed. Reg.
34957).
(H) Safe transport of livestock as published in the Federal
Register Volume 80 on June 12, 2015 (80 Fed. Reg. 33584).
(2) Additional exemptions.--The Secretary may make any
temporary exemption from any provision of the regulations
under part 395 of title 49, Code of Federal Regulations, for
commercial motor vehicle drivers that is in effect on the
date of enactment of this Act permanent if the Secretary
determines that the permanent exemption will not degrade
safety. The Secretary shall provide public notice and comment
on a list of the additional temporary exemptions to be made
permanent under this paragraph.
(3) Revocation of exemptions.--The Secretary may revoke an
exemption issued under this section if the Secretary can
demonstrate that the exemption has had a negative impact on
safety.
SEC. 32202. INSPECTOR STANDARDS.
Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Motor Carrier Safety
Administration shall revise the regulations under part 385 of
title 49, Code of Federal Regulations, as necessary, to
incorporate by reference the certification standards for
roadside inspectors issued by the Commercial Vehicle Safety
Alliance.
SEC. 32203. TECHNOLOGY IMPROVEMENTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Government Accountability Office
shall conduct a comprehensive analysis on the Federal Motor
Carrier Safety Administration's information technology and
data collection and management systems.
(b) Requirements.--The study conducted under subsection (a)
shall--
(1) evaluate the efficacy of the existing information
technology, data collection, processing systems, and data
management systems and programs, including their interaction
with each other and their efficacy in meeting user needs;
(2) identify any redundancies among the systems and
programs described in paragraph (1);
(3) explore the feasibility of consolidating data
collection and processing systems;
(4) evaluate the ability of the systems and programs
described in paragraph (1) to meet the needs of--
(A) the Federal Motor Carrier Safety Administration, at
both the headquarters and State level;
(B) the State agencies that implement the Motor Carrier
Safety Assistance Program under section 31102 of title 49,
United States Code; and
(C) other users;
(5) evaluate the adaptability of the systems and programs
described in paragraph (1), in order to make necessary future
changes to ensure user needs are met in an easier, timely,
and more cost efficient manner;
(6) investigate and make recommendations regarding--
(A) deficiencies in existing data sets impacting program
effectiveness; and
(B) methods to improve any and all user interfaces; and
(7) evaluate the appropriate role the Federal Motor Carrier
Safety Administration should take with respect to software
and information systems design, development, and maintenance
for the purpose of improving the efficacy of the systems and
programs described in paragraph (1).
Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety
Reform
SEC. 32301. UPDATE ON STATUTORY REQUIREMENTS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been issued for each of the requirements
described under paragraphs (1) through (5), the Administrator
of the Federal Motor Carrier Safety Administration shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of a final rule for--
(1) the minimum entry-level training requirements for an
individual operating a commercial motor vehicle under section
31305(c) of title 49, United States Code;
(2) motor carrier safety fitness determinations;
(3) visibility of agricultural equipment under section
31601 of division C of the Moving Ahead for Progress in the
21st Century Act (49 U.S.C. 30111 note);
(4) regulations to require commercial motor vehicles in
interstate commerce and operated by a driver subject to the
hours of service and record of duty status requirements under
part 395 of title 49, Code of Federal Regulations, be
equipped with an electronic control module capable of
limiting the maximum speed of the vehicle; and
(5) any outstanding commercial motor vehicle safety
regulation required by law and incomplete for more than 2
years.
(b) Contents.--Each report under subsection (a) shall
include a description of the work plan, an updated rulemaking
timeline, current staff allocations, any resource
constraints, and any other details associated with the
development of the rulemaking.
SEC. 32302. STATUTORY RULEMAKING.
The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the use of Federal Motor
Carrier Safety Administration resources for the completion of
each outstanding statutory requirement for a rulemaking
before beginning any new rulemaking unless the Secretary
certifies to Congress that there is a significant need to
move forward with a new rulemaking.
SEC. 32303. GUIDANCE REFORM.
(a) Guidance.--
(1) Point of contact.--Each guidance document, other than a
regulatory action, issued by the Federal Motor Carrier Safety
Administration shall have a date of publication or a date of
revision, as applicable, and the name and contact information
of a point of contact at the Federal Motor Carrier Safety
Administration who can respond to questions regarding the
general applicability of the guidance.
(2) Public accessibility.--
(A) In general.--Each guidance document and interpretation
issued by the Federal Motor Carrier Safety Administration
shall
[[Page S5785]]
be published on the Department of Transportation's public
website on the date of issuance.
(B) Redaction.--The Administrator of the Federal Motor
Carrier Safety Administration may redact from a guidance
document or interpretation under subparagraph (A) any
information that would reveal investigative techniques that
would compromise Federal Motor Carrier Safety Administration
enforcement efforts.
(3) Rulemaking.--Not later than 5 years after the date that
a guidance document is published under paragraph (2) or
during the comprehensive review under subsection (c),
whichever is earlier, the Secretary, in consultation with the
Administrator, shall revise the applicable regulations to
incorporate the guidance document to the extent practicable.
(4) Reissuance.--If a guidance document is not incorporated
into the applicable regulations under paragraph (3), the
Secretary shall--
(A) reissue an updated guidance document; and
(B) review and reissue an updated guidance document every 5
years during the comprehensive review process under
subsection (c) until the date that the guidance document is
removed or incorporated into the applicable regulations under
paragraph (3) of this subsection.
(b) Update.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review
regulations, guidance, and enforcement policies published on
the Department of Transportation's public website to ensure
the regulations, guidance, and enforcement policies are
current, readily accessible to the public, and meet the
standards under subsection (c)(1).
(c) Review.--
(1) In general.--Subject to paragraph (2), not less than
once every 5 years, the Administrator of the Federal Motor
Carrier Safety Administration shall conduct a comprehensive
review of its guidance and enforcement policies to determine
whether--
(A) the guidance and enforcement policies are consistent
and clear;
(B) the guidance is uniformly and consistently enforceable;
and
(C) the guidance is still necessary.
(2) Notice and comment.--Prior to beginning the review, the
Administrator shall publish in the Federal Register a notice
and request for comment soliciting input from stakeholders on
which regulations should be updated or eliminated.
(3) Prioritization of outstanding petitions.--As part of
the review under paragraph (1), the Administrator shall
prioritize consideration of each outstanding petition (as
defined in section 32304(b) of this Act) submitted by a
stakeholder for rulemaking.
(4) Report.--
(A) In general.--Not later than 60 days after the date that
a review under paragraph (1) is complete, the Administrator
shall publish on the Department of Transportation's public
website a report detailing the review and a full inventory of
guidance and enforcement policies.
(B) Inclusions.--The report under subparagraph (A) of this
paragraph shall include a summary of the response of the
Federal Motor Carrier Safety Administration to each comment
received under paragraph (2) indicating each request the
Federal Motor Carrier Safety Administration is granting.
SEC. 32304. PETITIONS.
(a) In General.--The Administrator of the Federal Motor
Carrier Safety Administration shall--
(1) publish on the Department of Transportation's public
website all petitions for regulatory action submitted;
(2) prioritize stakeholder petitions based on the
likelihood of providing safety improvements;
(3) formally respond to each petition by indicating whether
the Administrator will accept, deny, or further review, the
petition not later than 180 days after the date the petition
is published under paragraph (1);
(4) prioritize resulting actions consistent with an
action's potential to reduce crashes, improve enforcement,
and reduce unnecessary burdens; and
(5) not later than 60 days after the date of receipt,
publish, and update as necessary, on the Department of
Transportation's public website an inventory of the petitions
described in paragraph (1), including any applicable
disposition information for that petition.
(b) Definition of Petition.--In this section, the term
``petition'' means a request for new regulations, regulatory
interpretations or clarifications, or retrospective review of
regulations to eliminate or modify obsolete, ineffective, or
overly-burdensome rules.
SEC. 32305. REGULATORY REFORM.
(a) Regulatory Impact Analysis.--
(1) In general.--Within each regulatory impact analysis of
a proposed or final rule issued by the Federal Motor Carrier
Safety Administration, the Secretary shall whenever
practicable--
(A) consider effects of the proposed or final rule on a
carrier with differing characteristics; and
(B) formulate estimates and findings on the best available
science.
(2) Scope.--To the extent feasible and appropriate, and
consistent with law, the analysis described in paragraph (1)
shall--
(A) use data generated from a representative sample of
commercial vehicle operators, motor carriers, or both, that
will be covered under the proposed or final rule; and
(B) consider effects on commercial truck and bus carriers
of various sizes and types.
(b) Public Participation.--
(1) In general.--Before promulgating a proposed rule under
part B of subtitle VI of title 49, United States Code, if the
proposed rule is likely to lead to the promulgation of a
major rule the Secretary shall--
(A) issue an advance notice of proposed rulemaking; or
(B) determine to proceed with a negotiated rulemaking.
(2) Requirements.--Each advance notice of proposed
rulemaking issued under paragraph (1) shall--
(A) identify the compelling public concern for a potential
regulatory action, such as failures of private markets to
protect or improve the safety of the public, the environment,
or the well-being of the American people;
(B) identify and request public comment on the best
available science or technical information on the need for
regulatory action and on the potential regulatory
alternatives;
(C) request public comment on the benefits and costs of
potential regulatory alternatives reasonably likely to be
included or analyzed as part of the notice of proposed
rulemaking; and
(D) request public comment on the available alternatives to
direct regulation, including providing economic incentives to
encourage the desired behavior.
(3) Waiver.--This subsection shall not apply when the
Secretary, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in
the proposed or final rule) an advance notice of proposed
rulemaking impracticable, unnecessary, or contrary to the
public interest.
(c) Savings Clause.--Nothing in this section may be
construed to limit the contents of any Advance Notice of
Proposed Rulemaking.
Subtitle D--State Authorities
SEC. 32401. EMERGENCY ROUTE WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
working group to determine best practices for expeditious
State approval of special permits for vehicles involved in
emergency response and recovery.
(2) Members.--The working group shall include
representatives from--
(A) State highway transportation departments or agencies;
(B) relevant modal agencies within the Department of
Transportation;
(C) emergency response or recovery experts;
(D) relevant safety groups; and
(E) persons affected by special permit restrictions during
emergency response and recovery efforts.
(b) Considerations.--In determining best practices under
subsection (a), the working group shall consider whether--
(1) hurdles currently exist that prevent the expeditious
State approval for special permits for vehicles involved in
emergency response and recovery;
(2) it is possible to pre-identify and establish emergency
routes between States through which infrastructure repair
materials could be delivered following a natural disaster or
an emergency;
(3) a State could pre-designate an emergency route
identified under paragraph (1) as a certified emergency route
if a motor vehicle that exceeds the otherwise applicable
Federal and State truck length or width limits may safely
operate along such route during period of emergency recovery;
and
(4) an online map could be created to identify each pre-
designated emergency route under paragraph (2), including
information on specific limitations, obligations, and
notification requirements along that route.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary a report of its findings under this section and any
recommendations for the implementation of the best practices
for expeditious State approval of special permits for
vehicles involved in emergency recovery. Upon receipt, the
Secretary shall publish the report on a public website.
(d) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group established under this section.
SEC. 32402. ADDITIONAL STATE AUTHORITY.
Notwithstanding any other provision of law, not later than
180 days after the date of enactment of this Act, any State
impacted by section 4006 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 2148) shall be provided the option to update the
routes listed in the final list as long as the update shifts
routes to divided highways or does not increase centerline
miles by more than 5 percent and the change is expected to
increase safety performance.
SEC. 32403. COMMERCIAL DRIVER ACCESS.
(a) Interstate Compact Pilot Program.--
(1) In general.--The Administrator of the Federal Motor
Carrier Safety Administration may establish a 6-year pilot
program to study the feasibility, benefits, and safety
impacts of allowing a licensed driver between the ages of 18
and 21 to operate a commercial motor vehicle in interstate
commerce.
(2) Interstate compacts.--The Secretary shall allow States,
including the District of
[[Page S5786]]
Columbia, to enter into an interstate compact with contiguous
States to allow a licensed driver between the ages of 18 and
21 to operate a motor vehicle across the applicable State
lines. The Secretary shall approve as many as 3 interstate
compacts, with no more than 4 States per compact
participating in each interstate compact.
(3) Mutual recognition of licenses.--A valid intrastate
commercial driver's licenses issued by a State participating
in an interstate compact under paragraph (2) shall be
recognized as valid not more than 100 air miles from the
border of the driver's State of licensure in each State that
is participating in that interstate compact.
(4) Standards.--In developing an interstate compact under
this subsection, participating States shall provide for
minimum licensure standards acceptable for interstate travel
under this section, which may include, for a licensed driver
between the ages of 18 and 21 participating in the pilot
program--
(A) age restrictions;
(B) distance from origin (measured in air miles);
(C) reporting requirements; or
(D) additional hours of service restrictions.
(5) Limitations.--An interstate compact under paragraph (2)
may not permit special configuration or hazardous cargo
operations to be transported by a licensed driver under the
age of 21.
(6) Additional requirements.--The Secretary may--
(A) prescribe such additional requirements, including
training, for a licensed driver between the ages of 18 and 21
participating in the pilot program as the Secretary considers
necessary; and
(B) provide risk mitigation restrictions and limitations.
(b) Approval.--An interstate compact under subsection
(a)(2) may not go into effect until it has been approved by
the governor of each State (or the Mayor of the District of
Columbia, if applicable) that is a party to the interstate
compact, after consultation with the Secretary of
Transportation and the Administrator of the Federal Motor
Carrier Safety Administration.
(c) Data Collection.--The Secretary shall collect and
analyze data relating to accidents (as defined in section
390.5 of title 49, Code of Federal Regulations) in which a
driver under the age of 21 participating in the pilot program
is involved.
(d) Report.--Beginning 3 years after the date the first
compact is established and approved, the Secretary shall
submit to Congress a report containing the data collection
and findings of the pilot program, a determination of whether
a licensed driver between the ages of 18 and 21 can operate a
commercial motor vehicle in interstate commerce with an
equivalent level of safety, and the reasons for that
determination. The Secretary may extend the air mileage
requirements under subsection (a)(3) to expand operation
areas and gather additional data for analysis.
(e) Termination.--The Secretary may terminate the pilot
program if the data collected under subsection (c) indicates
that drivers under the age of 21 do not operate in interstate
commerce with an equivalent level of safety of those drivers
age 21 and over.
Subtitle E--Motor Carrier Safety Grant Consolidation
SEC. 32501. DEFINITIONS.
(a) In General.--Section 31101 is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) `Secretary' means the Secretary of Transportation.''.
(b) Technical and Conforming Amendments.--Section 31101, as
amended by subsection (a), is amended--
(1) in paragraph (1)(B), by inserting a comma after
``passengers''; and
(2) in paragraph (1)(C), by striking ``of Transportation''.
SEC. 32502. GRANTS TO STATES.
(a) Motor Carrier Safety Assistance Program.--Section 31102
is amended to read as follows:
``Sec. 31102. Motor Carrier Safety Assistance Program
``(a) In General.--The Secretary shall administer a motor
carrier safety assistance program funded under section 31104.
``(b) Goal.--The goal of the program is to ensure that the
Secretary, States, local governments, other political
jurisdictions, federally-recognized Indian tribes, and other
persons work in partnership to establish programs to improve
motor carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system--
``(1) by making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
``(2) by investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and fatalities resulting from such crashes;
``(3) by adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(4) by assessing and improving statewide performance by
setting program goals and meeting performance standards,
measures, and benchmarks.
``(c) State Plans.--
``(1) In general.--The Secretary shall prescribe procedures
for a State to submit a multiple-year plan, and annual
updates thereto, under which the State agrees to assume
responsibility for improving motor carrier safety, adopting
and enforcing compatible regulations, standards, and orders
of the Federal Government on commercial motor vehicle safety
and hazardous materials transportation safety.
``(2) Contents.--The Secretary shall approve a plan if the
Secretary determines that the plan is adequate to comply with
the requirements of this section, and the plan--
``(A) implements performance-based activities, including
deployment and maintenance of technology to enhance the
efficiency and effectiveness of commercial motor vehicle
safety programs;
``(B) designates a lead State commercial motor vehicle
safety agency responsible for administering the plan
throughout the State;
``(C) contains satisfactory assurances that the lead State
commercial motor vehicle safety agency has or will have the
legal authority, resources, and qualified personnel necessary
to enforce the regulations, standards, and orders;
``(D) contains satisfactory assurances that the State will
devote adequate resources to the administration of the plan
and enforcement of the regulations, standards, and orders;
``(E) provides a right of entry and inspection to carry out
the plan;
``(F) provides that all reports required under this section
be available to the Secretary on request;
``(G) provides that the lead State commercial motor vehicle
safety agency will adopt the reporting requirements and use
the forms for recordkeeping, inspections, and investigations
that the Secretary prescribes;
``(H) requires all registrants of commercial motor vehicles
to demonstrate knowledge of applicable safety regulations,
standards, and orders of the Federal Government and the
State;
``(I) provides that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standards through the use of a
nationally-accepted system that allows ready identification
of previously inspected commercial motor vehicles;
``(J) ensures that activities described in subsection (h),
if financed through grants to the State made under this
section, will not diminish the effectiveness of the
development and implementation of the programs to improve
motor carrier, commercial motor vehicle, and driver safety as
described in subsection (b);
``(K) ensures that the lead State commercial motor vehicle
safety agency will coordinate the plan, data collection, and
information systems with the State highway safety improvement
program required under section 148(c) of title 23;
``(L) ensures participation in appropriate Federal Motor
Carrier Safety Administration information technology and data
systems and other information systems by all appropriate
jurisdictions receiving Motor Carrier Safety Assistance
Program funding;
``(M) ensures that information is exchanged among the
States in a timely manner;
``(N) provides satisfactory assurances that the State will
undertake efforts that will emphasize and improve enforcement
of State and local traffic safety laws and regulations
related to commercial motor vehicle safety;
``(O) provides satisfactory assurances in the plan that the
State will address national priorities and performance goals,
including--
``(i) activities aimed at removing impaired commercial
motor vehicle drivers from the highways of the United States
through adequate enforcement of regulations on the use of
alcohol and controlled substances and by ensuring ready
roadside access to alcohol detection and measuring equipment;
``(ii) activities aimed at providing an appropriate level
of training to State motor carrier safety assistance program
officers and employees on recognizing drivers impaired by
alcohol or controlled substances; and
``(iii) when conducted with an appropriate commercial motor
vehicle inspection, criminal interdiction activities, and
appropriate strategies for carrying out those interdiction
activities, including interdiction activities that affect the
transportation of controlled substances (as defined under
section 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) and listed in part 1308
of title 21, Code of Federal Regulations, as updated and
republished from time to time) by any occupant of a
commercial motor vehicle;
``(P) provides that the State has established and dedicated
sufficient resources to a program to ensure that--
``(i) the State collects and reports to the Secretary
accurate, complete, and timely motor carrier safety data; and
``(ii) the State participates in a national motor carrier
safety data correction system prescribed by the Secretary;
``(Q) ensures that the State will cooperate in the
enforcement of financial responsibility requirements under
sections 13906, 31138, and 31139 of this title, and
regulations issued under these sections;
``(R) ensures consistent, effective, and reasonable
sanctions;
[[Page S5787]]
``(S) ensures that roadside inspections will be conducted
at locations that are adequate to protect the safety of
drivers and enforcement personnel;
``(T) provides that the State will include in the training
manuals for the licensing examination to drive both
noncommercial motor vehicles and commercial motor vehicles
information on best practices for driving safely in the
vicinity of noncommercial and commercial motor vehicles;
``(U) provides that the State will enforce the registration
requirements of sections 13902 and 31134 of this title by
prohibiting the operation of any vehicle discovered to be
operated by a motor carrier without a registration issued
under those sections or to be operated beyond the scope of
the motor carrier's registration;
``(V) provides that the State will conduct comprehensive
and highly visible traffic enforcement and commercial motor
vehicle safety inspection programs in high-risk locations and
corridors;
``(W) except in the case of an imminent hazard or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of passengers is
conducted at a station, terminal, border crossing,
maintenance facility, destination, or other location where
adequate food, shelter, and sanitation facilities are
available for passengers, and reasonable accommodations are
available for passengers with disabilities;
``(X) ensures that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted under
section 31315(b) of this title and sections 390.23 and 390.25
of title 49 of the Code of Federal Regulations and provided
to the State by the Secretary, including the name of the
person granted the exemption and any terms and conditions
that apply to the exemption;
``(Y) except as provided in subsection (d), provides that
the State--
``(i) will conduct safety audits of interstate and, at the
State's discretion, intrastate new entrant motor carriers
under section 31144(g) of this title; and
``(ii) if the State authorizes a third party to conduct
safety audits under section 31144(g) on its behalf, the State
verifies the quality of the work conducted and remains solely
responsible for the management and oversight of the
activities;
``(Z) provides that the State agrees to fully participate
in the performance and registration information system
management under section 31106(b) not later than October 1,
2020, by complying with the conditions for participation
under paragraph (3) of that section;
``(AA) provides that a State that shares a land border with
another country--
``(i) will conduct a border commercial motor vehicle safety
program focusing on international commerce that includes
enforcement and related projects; or
``(ii) will forfeit all funds calculated by the Secretary
based on border-related activities if the State declines to
conduct the program described in clause (i) in its plan; and
``(BB) provides that a State that meets the other
requirements of this section and agrees to comply with the
requirements established in subsection (l)(3) may fund
operation and maintenance costs associated with innovative
technology deployment under subsection (l)(3) with Motor
Carrier Safety Assistance Program funds authorized under
section 31104(a)(1).
``(3) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-year
plan, and each annual update thereto, on the Department of
Transportation's public website not later than 30 days after
the date the Secretary approves the plan or update.
``(B) Limitation.--Before posting an approved State
multiple-year plan or annual update under subparagraph (A),
the Secretary shall redact any information identified by the
State that, if disclosed--
``(i) would reasonably be expected to interfere with
enforcement proceedings; or
``(ii) would reveal enforcement techniques or procedures
that would reasonably be expected to risk circumvention of
the law.
``(d) Exclusion of U.S. Territories.--The requirement that
a State conduct safety audits of new entrant motor carriers
under subsection (c)(2)(Y) does not apply to a territory of
the United States unless required by the Secretary.
``(e) Intrastate Compatibility.--The Secretary shall
prescribe regulations specifying tolerance guidelines and
standards for ensuring compatibility of intrastate commercial
motor vehicle safety laws, including regulations, with
Federal motor carrier safety regulations to be enforced under
subsections (b) and (c). To the extent practicable, the
guidelines and standards shall allow for maximum flexibility
while ensuring a degree of uniformity that will not diminish
motor vehicle safety.
``(f) Maintenance of Effort.--
``(1) Baseline.--Except as provided under paragraphs (2)
and (3) and in accordance with section 32508 of the
Comprehensive Transportation and Consumer Protection Act of
2015, a State plan under subsection (c) shall provide that
the total expenditure of amounts of the lead State commercial
motor vehicle safety agency responsible for administering the
plan will be maintained at a level each fiscal year at least
equal to--
``(A) the average level of that expenditure for fiscal
years 2004 and 2005; or
``(B) the level of that expenditure for the year in which
the Secretary implements a new allocation formula under
section 32508 of the Comprehensive Transportation and
Consumer Protection Act of 2015.
``(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate additional
documentation related to the maintenance of effort and may
make reasonable adjustments to the maintenance of effort
baseline after the year in which the Secretary implements a
new allocation formula under section 32508 of the
Comprehensive Transportation and Consumer Protection Act of
2015, and this adjusted baseline will replace the maintenance
of effort requirement under paragraph (1).
``(3) Waivers.--At the request of a State, the Secretary
may waive or modify the requirements of this subsection for 1
fiscal year if the Secretary determines that a waiver or
modification is reasonable, based on circumstances described
by the State, to ensure the continuation of commercial motor
vehicle enforcement activities in the State.
``(4) Level of state expenditures.--In estimating the
average level of State expenditure under paragraph (1), the
Secretary--
``(A) may allow the State to exclude State expenditures for
Federally-sponsored demonstration and pilot programs and
strike forces;
``(B) may allow the State to exclude expenditures for
activities related to border enforcement and new entrant
safety audits; and
``(C) shall require the State to exclude State matching
amounts used to receive Federal financing under section
31104.
``(g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a of this title and
received by a State and used for motor carrier safety
purposes may be included as part of the State's match
required under section 31104 of this title or maintenance of
effort required by subsection (f) of this section.
``(h) Use of Grants to Enforce Other Laws.--When approved
in the States' plan under subsection (c), a State may use
Motor Carrier Safety Assistance Program funds received under
this section--
``(1) if the activities are carried out in conjunction with
an appropriate inspection of a commercial motor vehicle to
enforce Federal or State commercial motor vehicle safety
regulations, for--
``(A) enforcement of commercial motor vehicle size and
weight limitations at locations, excluding fixed weight
facilities, such as near steep grades or mountainous
terrains, where the weight of a commercial motor vehicle can
significantly affect the safe operation of the vehicle, or at
ports where intermodal shipping containers enter and leave
the United States; and
``(B) detection of and enforcement actions taken as a
result of criminal activity, including the trafficking of
human beings, in a commercial motor vehicle or by any
occupant, including the operator, of the commercial motor
vehicle;
``(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement
of such laws and regulations relating to noncommercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles, if--
``(A) the number of motor carrier safety activities,
including roadside safety inspections, conducted in the State
is maintained at a level at least equal to the average level
of such activities conducted in the State in fiscal years
2004 and 2005; and
``(B) the State does not use more than 10 percent of the
basic amount the State receives under a grant awarded under
section 31104(a)(1) for enforcement activities relating to
noncommercial motor vehicles necessary to promote the safe
operation of commercial motor vehicles unless the Secretary
determines that a higher percentage will result in
significant increases in commercial motor vehicle safety; and
``(3) for the enforcement of household goods regulations on
intrastate and interstate carriers if the State has adopted
laws or regulations compatible with the Federal household
goods regulations.
``(i) Evaluation of Plans and Award of Grants.--
``(1) Awards.--The Secretary shall establish criteria for
the application, evaluation, and approval of State plans
under this section. Subject to subsection (j), the Secretary
may allocate the amounts made available under section
31104(a)(1) among the States.
``(2) Opportunity to cure.--If the Secretary disapproves a
plan under this section, the Secretary shall give the State a
written explanation of the reasons for disapproval and allow
the State to modify and resubmit the plan for approval.
``(j) Allocation of Funds.--
``(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available under
section 31104(a)(1).
``(2) Annual allocations.--On October 1 of each fiscal
year, or as soon as practicable thereafter, and after making
a deduction under section 31104(c), the Secretary shall
allocate amounts made available in section 31104(a)(1) to
carry out this section for the fiscal year among the States
with plans approved under this section in accordance with the
criteria under paragraph (1).
``(3) Elective adjustments.--Subject to the availability of
funding and notwithstanding fluctuations in the data elements
[[Page S5788]]
used by the Secretary to calculate the annual allocation
amounts, after the creation of a new allocation formula under
section 32508 of the Comprehensive Transportation and
Consumer Protection Act of 2015 the Secretary may not make
elective adjustments to the allocation formula that decrease
a State's Federal funding levels by more than 3 percent in a
fiscal year. The 3 percent limit shall not apply to the
withholding provisions of subsection (k).
``(k) Plan Monitoring.--
``(1) In general.--On the basis of reports submitted by the
lead State agency responsible for administering an approved
State plan and an investigation by the Secretary, the
Secretary shall periodically evaluate State implementation of
and compliance with the State plan.
``(2) Withholding of funds.--
``(A) Disapproval.--If, after notice and an opportunity to
be heard, the Secretary finds that the State plan previously
approved is not being followed or has become inadequate to
ensure enforcement of the regulations, standards, or orders,
or the State is otherwise not in compliance with the
requirements of this section, the Secretary may withdraw
approval of the plan and notify the State. The plan is no
longer in effect once the State receives notice, and the
Secretary shall withhold all funding under this section.
``(B) Noncompliance withholding.--In lieu of withdrawing
approval of the plan, the Secretary may, after providing
notice and an opportunity to be heard, withhold funding from
the State to which the State would otherwise be entitled
under this section for the period of the State's
noncompliance. In exercising this option, the Secretary may
withhold--
``(i) up to 5 percent of funds during the fiscal year that
the Secretary notifies the State of its noncompliance;
``(ii) up to 10 percent of funds for the first full fiscal
year of noncompliance;
``(iii) up to 25 percent of funds for the second full
fiscal year of noncompliance; and
``(iv) not more than 50 percent of funds for the third and
any subsequent full fiscal year of noncompliance.
``(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial review
under chapter 7 of title 5. Notwithstanding the disapproval
of a State plan under paragraph (2)(A) or the withholding
under paragraph (2)(B), the State may retain jurisdiction in
an administrative or a judicial proceeding that commenced
before the notice of disapproval or withholding if the issues
involved are not related directly to the reasons for the
disapproval or withholding.
``(l) High Priority Financial Assistance Program.--
``(1) In general.--The Secretary shall administer a high
priority financial assistance program funded under section
31104 for the purposes described in paragraphs (2) and (3).
``(2) Activities related to motor carrier safety.--The
purpose of this paragraph is to make discretionary grants to
and cooperative agreements with States, local governments,
federally-recognized Indian tribes, other political
jurisdictions as necessary, and any person to carry out high
priority activities and projects that augment motor carrier
safety activities and projects planned in accordance with
subsections (b) and (c), including activities and projects
that--
``(A) increase public awareness and education on commercial
motor vehicle safety;
``(B) target unsafe driving of commercial motor vehicles
and non-commercial motor vehicles in areas identified as high
risk crash corridors;
``(C) support the enforcement of State household goods
regulations on intrastate and interstate carriers if the
State has adopted laws or regulations compatible with the
Federal household good laws;
``(D) improve the safe and secure movement of hazardous
materials;
``(E) improve safe transportation of goods and persons in
foreign commerce;
``(F) demonstrate new technologies to improve commercial
motor vehicle safety;
``(G) support participation in performance and registration
information systems management under section 31106(b)--
``(i) for entities not responsible for submitting the plan
under subsection (c); or
``(ii) for entities responsible for submitting the plan
under subsection (c)--
``(I) before October 1, 2020, to achieve compliance with
the requirements of participation; and
``(II) beginning on October 1, 2020, or once compliance is
achieved, whichever is sooner, for special initiatives or
projects that exceed routine operations required for
participation;
``(H) conduct safety data improvement projects--
``(i) that complete or exceed the requirements under
subsection (c)(2)(P) for entities not responsible for
submitting the plan under subsection (c); or
``(ii) that exceed the requirements under subsection
(c)(2)(P) for entities responsible for submitting the plan
under subsection (c); and
``(I) otherwise improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations.
``(3) Innovative technology deployment grant program.--
``(A) In general.--The Secretary shall establish an
innovative technology deployment grant program to make
discretionary grants funded under section 31104(a)(2) to
eligible States for the innovative technology deployment of
commercial motor vehicle information systems and networks.
``(B) Purposes.--The purposes of the program shall be--
``(i) to advance the technological capability and promote
the deployment of intelligent transportation system
applications for commercial motor vehicle operations,
including commercial motor vehicle, commercial driver, and
carrier-specific information systems and networks; and
``(ii) to support and maintain commercial motor vehicle
information systems and networks--
``(I) to link Federal motor carrier safety information
systems with State commercial motor vehicle systems;
``(II) to improve the safety and productivity of commercial
motor vehicles and drivers; and
``(III) to reduce costs associated with commercial motor
vehicle operations and Federal and State commercial vehicle
regulatory requirements.
``(C) Eligibility.--To be eligible for a grant under this
paragraph, a State shall--
``(i) have a commercial motor vehicle information systems
and networks program plan approved by the Secretary that
describes the various systems and networks at the State level
that need to be refined, revised, upgraded, or built to
accomplish deployment of commercial motor vehicle information
systems and networks capabilities;
``(ii) certify to the Secretary that its commercial motor
vehicle information systems and networks deployment
activities, including hardware procurement, software and
system development, and infrastructure modifications--
``(I) are consistent with the national intelligent
transportation systems and commercial motor vehicle
information systems and networks architectures and available
standards; and
``(II) promote interoperability and efficiency to the
extent practicable; and
``(iii) agree to execute interoperability tests developed
by the Federal Motor Carrier Safety Administration to verify
that its systems conform with the national intelligent
transportation systems architecture, applicable standards,
and protocols for commercial motor vehicle information
systems and networks.
``(D) Use of funds.--Grant funds may be used--
``(i) for deployment activities and activities to develop
new and innovative advanced technology solutions that support
commercial motor vehicle information systems and networks;
``(ii) for planning activities, including the development
or updating of program or top level design plans in order to
become eligible or maintain eligibility under subparagraph
(C); and
``(iii) for the operation and maintenance costs associated
with innovative technology.
``(E) Secretary authorization.--The Secretary is authorized
to award a State funding for the operation, and maintenance
costs associated with innovative technology deployment with
funds made available under both sections 31104(a)(1) and
31104(a)(2) of this title.''.
(b) Commercial Motor Vehicle Operators Grant Program.--
Section 31103 is amended to read as follows:
``Sec. 31103. Commercial Motor Vehicle Operators Grant
Program
``(a) In General.--The Secretary shall administer a
commercial motor vehicle operators grant program funded under
section 31104.
``(b) Purpose.--The purpose of the grant program is to
train individuals in the safe operation of commercial motor
vehicles (as defined in section 31301).''.
(c) Authorization of Appropriations.--Section 31104 is
amended to read as follows:
``Sec. 31104. Authorization of appropriations
``(a) Financial Assistance Programs.--The following sums
are authorized to be appropriated from the Highway Trust Fund
for the following Federal Motor Carrier Safety Administration
Financial Assistance Programs:
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) of this subsection and subsection (c) of this
section, to carry out section 31102--
``(A) $295,636,000 for fiscal year 2017;
``(B) $301,845,000 for fiscal year 2018;
``(C) $308,183,000 for fiscal year 2019;
``(D) $314,655,000 for fiscal year 2020; and
``(E) $321,263,000 for fiscal year 2021.
``(2) High priority activities financial assistance
program.--Subject to subsection (c), to make grants and
cooperative agreements under section 31102(l) of this title,
the Secretary may set aside from amounts made available under
paragraph (1) of this subsection up to--
``(A) $42,323,000 for fiscal year 2017;
``(B) $43,212,000 for fiscal year 2018;
``(C) $44,119,000 for fiscal year 2019;
``(D) $45,046,000 for fiscal year 2020; and
``(E) $45,992,000 for fiscal year 2021.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,000,000 for fiscal year 2017;
``(B) $1,000,000 for fiscal year 2018;
``(C) $1,000,000 for fiscal year 2019;
``(D) $1,000,000 for fiscal year 2020; and
``(E) $1,000,000 for fiscal year 2021.
``(4) Commercial driver's license program implementation
financial assistance program.--Subject to subsection (c), to
carry out section 31313--
[[Page S5789]]
``(A) $31,273,000 for fiscal year 2017;
``(B) $31,930,000 for fiscal year 2018;
``(C) $32,600,000 for fiscal year 2019;
``(D) $33,285,000 for fiscal year 2020; and
``(E) $33,984,000 for fiscal year 2021.
``(b) Reimbursement and Payment to Recipients for
Government Share of Costs.--
``(1) In general.--Amounts made available under subsection
(a) shall be used to reimburse financial assistance
recipients proportionally for the Federal Government's share
of the costs incurred.
``(2) Reimbursement amounts.--The Secretary shall reimburse
a recipient, in accordance with a financial assistance
agreement made under section 31102, 31103, or 31313, an
amount that is at least 85 percent of the costs incurred by
the recipient in a fiscal year in developing and implementing
programs under these sections. The Secretary shall pay the
recipient an amount not more than the Federal Government
share of the total costs approved by the Federal Government
in the financial assistance agreement. The Secretary shall
include a recipient's in-kind contributions in determining
the reimbursement.
``(3) Vouchers.--Each recipient shall submit vouchers at
least quarterly for costs the recipient incurs in developing
and implementing programs under section 31102, 31103, or
31313.
``(c) Deductions for Partner Training and Program
Support.--On October 1 of each fiscal year, or as soon after
that date as practicable, the Secretary may deduct from
amounts made available under paragraphs (1), (2), and (4) of
subsection (a) for that fiscal year not more than 1.50
percent of those amounts for partner training and program
support in that fiscal year. The Secretary shall use at least
75 percent of those deducted amounts to train non-Federal
Government employees and to develop related training
materials in carrying out these programs.
``(d) Grants and Cooperative Agreements as Contractual
Obligations.--The approval of a financial assistance
agreement by the Secretary under section 31102, 31103, or
31313 is a contractual obligation of the Federal Government
for payment of the Federal Government's share of costs in
carrying out the provisions of the grant or cooperative
agreement.
``(e) Eligible Activities.--The Secretary shall establish
criteria for eligible activities to be funded with financial
assistance agreements under this section and publish those
criteria in a notice of funding availability before the
financial assistance program application period.
``(f) Period of Availability of Financial Assistance
Agreement Funds for Recipient Expenditures.--
``(1) In general.--The period of availability for a
recipient to expend a grant or cooperative agreement
authorized under subsection (a) is as follows:
``(A) For grants made for carrying out section 31102, other
than section 31102(l), for the fiscal year in which it is
obligated and for the next fiscal year.
``(B) For grants or cooperative agreements made for
carrying out section 31102(l)(2), for the fiscal year in
which it is obligated and for the next 2 fiscal years.
``(C) For grants made for carrying out section 31102(l)(3),
for the fiscal year in which it is obligated and for the next
4 fiscal years.
``(D) For grants made for carrying out section 31103, for
the fiscal year in which it is obligated and for the next
fiscal year.
``(E) For grants or cooperative agreements made for
carrying out 31313, for the fiscal year in which it is
obligated and for the next 4 fiscal years.
``(2) Reobligation.--Amounts not expended by a recipient
during the period of availability shall be released back to
the Secretary for reobligation for any purpose under sections
31102, 31103, 31104, and 31313 in accordance with subsection
(i) of this section.
``(g) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund by this
section shall be available for obligation on the date of
their apportionment or allocation or on October 1 of the
fiscal year for which they are authorized, whichever occurs
first.
``(h) Availability of Funding.--Amounts made available
under this section shall remain available until expended.
``(i) Transfer of Obligation Authority.--
``(1) In general.--Of the contract authority authorized for
motor carrier safety grants, the Secretary shall have
authority to transfer available unobligated contract
authority and associated liquidating cash within or between
Federal financial assistance programs authorized under this
section and make new Federal financial assistance awards
under this section.
``(2) Cost estimates.--Of the funds transferred, the
contract authority and associated liquidating cash or
obligations and expenditures stemming from Federal financial
assistance awards made with this contract authority shall not
be scored as new obligations by the Office of Management and
Budget or by the Secretary.
``(3) No limitation on total of obligations.--
Notwithstanding any other provision of law, no limitation on
the total of obligations for Federal financial assistance
programs carried out by the Federal Motor Carrier Safety
Administration under this section shall apply to unobligated
funds transferred under this subsection.''.
(d) Technical and Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews
of new operators.--Section 31144(g) is amended by striking
paragraph (5).
(2) Information systems; performance and registration
information program.--Section 31106(b) is amended by striking
paragraph (4).
(3) Border enforcement grants.--Section 31107 is repealed.
(4) Performance and registration information system
management.--Section 31109 is repealed.
(5) Table of contents.--The table of contents of chapter
311 is amended--
(A) by striking the items relating to 31107 and 31109; and
(B) by striking the items relating to sections 31102,
31103, and 31104 and inserting the following:
``31102. Motor Carrier Safety Assistance Program.
``31103. Commercial Motor Vehicle Operators Grant Program.
``31104. Authorization of appropriations.''.
(6) Grants for commercial driver's license program
implementation.--Section 31313(a), as amended by section
32506 of this Act, is further amended by striking ``The
Secretary of Transportation shall administer a financial
assistance program for commercial driver's license program
implementation for the purposes described in paragraphs (1)
and (2)'' and inserting ``The Secretary of Transportation
shall administer a financial assistance program for
commercial driver's license program implementation funded
under section 31104 of this title for the purposes described
in paragraphs (1) and (2)''.
(7) Commercial vehicle information systems and networks
deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106
note) is repealed.
(8) Safety data improvement program.--Section 4128 of
SAFETEA-LU (49 U.S.C. 31100 note) is repealed.
(9) Grant program for commercial motor vehicle operators.--
Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note) is
repealed.
(10) Winter home heating oil delivery state flexibility
program.--Section 346 of National Highway System Designation
Act of 1995 (49 U.S.C. 31166 note) is repealed.
(11) Maintenance of effort as condition on grants to
states.--Section 103(c) of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
(12) State compliance with cdl requirements.--Section
103(e) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31102 note) is repealed.
(13) Border staffing standards.--Section 218(d) of the
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133
note) is amended--
(A) in paragraph (1), by striking ``under section
31104(f)(2)(B) of title 49, United States Code'' and
inserting ``section 31104(a)(1) of title 49, United States
Code''; and
(B) by striking paragraph (3).
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2016.
(f) Transition.--Notwithstanding the amendments made by
this section, the Secretary shall carry out sections 31102,
31103, 31104 of title 49, United States Code, and any
sections repealed under subsection (d) of this section, as
necessary, as those sections were in effect on the day before
October 1, 2016, with respect to applications for grants,
cooperative agreements, or contracts under those sections
submitted before October 1, 2016.
SEC. 32503. NEW ENTRANT SAFETY REVIEW PROGRAM STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Office of Inspector General of the
Department of Transportation shall report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure in the House
of Representatives on its assessment of the new operator
safety review program, required under section 31144(g) of
title 49, United States Code, including the program's
effectiveness in reducing commercial motor vehicles involved
in crashes, fatalities, and injuries, and in improving
commercial motor vehicle safety.
(b) Report.--Not later than 90 days after completion of the
report under subsection (a), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
in the House of Representatives a report on the actions the
Secretary will take to address any recommendations included
in the study under subsection (a).
(c) Paperwork Reduction Act of 1995; Exception.--The study
and the Office of the Inspector General assessment shall not
be subject to section 3506 or section 3507 of title 44,
United States Code.
SEC. 32504. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS
MANAGEMENT.
Section 31106(b) is amended in the heading by striking
``Program'' and inserting ``Systems Management''.
SEC. 32505. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subchapter I of chapter 311 is amended by
adding at the end the following:
``Sec. 31110. Authorization of appropriations
``(a) Administrative Expenses.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay
administrative expenses of the
[[Page S5790]]
Federal Motor Carrier Safety Administration--
``(1) $264,439,000 for fiscal year 2016;
``(2) $269,992,000 for fiscal year 2017;
``(3) $275,662,000 for fiscal year 2018;
``(4) $281,451,000 for fiscal year 2019;
``(5) $287,361,000 for fiscal year 2020; and
``(6) $293,396,000 for fiscal year 2021.
``(b) Use of Funds.--The funds authorized by this section
shall be used--
``(1) for personnel costs;
``(2) for administrative infrastructure;
``(3) for rent;
``(4) for information technology;
``(5) for programs for research and technology, information
management, regulatory development, the administration of the
performance and registration information systems management;
``(6) for programs for outreach and education under
subsection (d);
``(7) to fund the motor carrier safety facility working
capital fund established under subsection (c);
``(8) for other operating expenses;
``(9) to conduct safety reviews of new operators; and
``(10) for such other expenses as may from time to time
become necessary to implement statutory mandates of the
Federal Motor Carrier Safety Administration not funded from
other sources.
``(c) Motor Carrier Safety Facility Working Capital Fund.--
``(1) In general.--The Secretary may establish a motor
carrier safety facility working capital fund.
``(2) Purpose.--Amounts in the fund shall be available for
modernization, construction, leases, and expenses related to
vacating, occupying, maintaining, and expanding motor carrier
safety facilities, and associated activities.
``(3) Availability.--Amounts in the fund shall be available
without regard to fiscal year limitation.
``(4) Funding.--Amounts may be appropriated to the fund
from the amounts made available in subsection (a).
``(5) Fund transfers.--The Secretary may transfer funds to
the working capital fund from the amounts made available in
subsection (a) or from other funds as identified by the
Secretary.
``(d) Outreach and Education Program.--
``(1) In general.--The Secretary may conduct, through any
combination of grants, contracts, cooperative agreements, or
other activities, an internal and external outreach and
education program to be administered by the Administrator of
the Federal Motor Carrier Safety Administration.
``(2) Federal share.--The Federal share of an outreach and
education program for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100
percent of the cost of the grant, contract, or cooperative
agreement.
``(3) Funding.--From amounts made available in subsection
(a), the Secretary shall make available such sums as are
necessary to carry out this subsection each fiscal year.
``(e) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund by this
section shall be available for obligation on the date of
their apportionment or allocation or on October 1 of the
fiscal year for which they are authorized, whichever occurs
first.
``(f) Funding Availability.--Amounts made available under
this section shall remain available until expended.
``(g) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of
the Federal Government for payment of the Federal
Government's share of costs.''.
(b) Technical and Conforming Amendments.--
(1) Administrative expenses; authorization of
appropriations.--Section 31104 is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) and
subsections (i) and (j), respectively.
(2) Use of amounts made available under subsection (i).--
Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is
amended by striking ``section 31104(i)'' and inserting
``section 31110''.
(3) Internal cooperation.--Section 31161 is amended by
striking ``31104(i)'' and inserting ``31110''.
(4) SAFETEA-LU; outreach and education.--Section 4127 of
SAFETEA-LU (119 Stat. 1741; Public Law 109-59) is repealed.
(5) Table of contents.--The table of contents of subchapter
I of chapter 311 is amended by adding at the end the
following:
``31110. Authorization of appropriations.''.
SEC. 32506. COMMERCIAL DRIVER'S LICENSE PROGRAM
IMPLEMENTATION.
(a) In General.--Section 31313 is amended to read as
follows:
``Sec. 31313. Commercial driver's license program
implementation financial assistance program
``(a) In General.--The Secretary of Transportation shall
administer a financial assistance program for commercial
driver's license program implementation for the purposes
described in paragraphs (1) and (2).
``(1) State commercial driver's license program
implementation grants.--The Secretary of Transportation may
make a grant to a State agency in a fiscal year--
``(A) to comply with the requirements of section 31311;
``(B) in the case of a State that is making a good faith
effort toward substantial compliance with the requirements of
section 31311, to improve its implementation of its
commercial driver's license program, including expenses--
``(i) for computer hardware and software;
``(ii) for publications, testing, personnel, training, and
quality control;
``(iii) for commercial driver's license program
coordinators; and
``(iv) to implement or maintain a system to notify an
employer of an operator of a commercial motor vehicle of the
suspension or revocation of the operator's commercial
driver's license consistent with the standards developed
under section 32303(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2012 (49 U.S.C. 31304 note).
``(2) Priority activities.--The Secretary may make a grant
or cooperative agreement in a fiscal year to a State agency,
local government, or any person for research, development or
testing, demonstration projects, public education, or other
special activities and projects relating to commercial
driver's licensing and motor vehicle safety that--
``(A) benefit all jurisdictions of the United States;
``(B) address national safety concerns and circumstances;
``(C) address emerging issues relating to commercial
driver's license improvements;
``(D) support innovative ideas and solutions to commercial
driver's license program issues; or
``(E) address other commercial driver's license issues, as
determined by the Secretary.
``(b) Prohibitions.--A recipient may not use financial
assistance funds awarded under this section to rent, lease,
or buy land or buildings.
``(c) Report.--The Secretary shall issue an annual report
on the activities carried out under this section.
``(d) Apportionment.--All amounts made available to carry
out this section for a fiscal year shall be apportioned to a
State or recipient described in subsection (a)(2) according
to criteria prescribed by the Secretary.''.
(b) Technical and Conforming Amendments.--The table of
contents of chapter 313 is amended by striking the item
relating to section 31313 and inserting the following:
``31313. Commercial driver's license program implementation financial
assistance program.''.
SEC. 32507. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
PROGRAMS FOR FISCAL YEAR 2016.
(a) Motor Carrier Safety Assistance Program Grant
Extension.--Section 31104(a) is amended--
(1) in the matter preceding paragraph (1), by inserting
``and, for fiscal year 2016, sections 31102, 31107, and 31109
of this title and section 4128 of SAFETEA-LU (49 U.S.C. 31100
note)'' after ``31102'';
(2) in paragraph (9), by striking ``and'' at the end; and
(3) by striking paragraph (10) and inserting the following:
``(10) $218,000,000 for fiscal year 2015; and
``(11) `$259,000,000 for fiscal year 2016.''.
(b) Extension of Grant Programs.--Section 4101(c) SAFETEA-
LU (119 Stat. 1715; Public Law 109-59), is amended to read as
follows:
``(c) Grant Programs Funding.--There are authorized to be
appropriated from the Highway Trust Fund the following sums
for the following Federal Motor Carrier Safety Administration
programs:
``(1) Commercial driver's license program improvement
grants.--For carrying out the commercial driver's license
program improvement grants program under section 31313 of
title 49, United States Code, $30,000,000 for fiscal year
2016.
``(2) Border enforcement grants.--From amounts made
available under section 31104(a) of title 49, United States
Code, for border enforcement grants under section 31107 of
that title, $32,000,000 for fiscal year 2016.
``(3) Performance and registration information systems
management grant programs.--From amounts made available under
section 31104(a) of title 49, United States Code, for the
performance and registration information systems management
grant program under section 31109 of that title, $5,000,000
for fiscal year 2016.
``(4) Commercial vehicle information systems and networks
deployment.--For carrying out the commercial vehicle
information systems and networks deployment program under
section 4126 of this Act (the innovative technology
deployment program), $25,000,000, for fiscal year 2016.
``(5) Safety data improvement grants.--From amounts made
available under section 31104(a) of title 49, United States
Code, for safety data improvement grants under section 4128
of this Act, $3,000,000 for fiscal year 2016.''.
(c) High-priority Activities.--Section 31104(j)(2), as
redesignated by section 32505 of this Act is amended by
striking ``2015'' and inserting ``2016''.
(d) New Entrant Audits.--Section 31144(g)(5)(B) is amended
to read as follows:
``(B) Set aside.--The Secretary shall set aside from
amounts made available by section 31104(a) up to $32,000,000
for fiscal year 2016 for audits of new entrant motor carriers
conducted under this paragraph.''.
(e) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is
amended to read as follows:
``(c) Funding.--From amounts made available under section
31110 of title 49, United States Code, the Secretary shall
make available, $1,000,000 for fiscal year 2016 to carry
[[Page S5791]]
out the commercial motor vehicle operators grant program.''.
(f) Commercial Vehicle Information Systems and Networks
Deployment.--
(1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C.
31106 note; 119 Stat. 1738; Public Law 109-59) is amended--
(A) in subsection (c)--
(i) in paragraph (2), by adding at the end the following:
``Funds deobligated by the Secretary from previous year
grants shall not be counted towards the $2,500,000 maximum
aggregate amount for core deployment.''; and
(ii) in paragraph (3), by adding at the end the following:
``Funds may also be used for planning activities, including
the development or updating of program or top level design
plans.''; and
(B) in subsection (d)(4), by adding at the end the
following: ``Funds may also be used for planning activities,
including the development or updating of program or top level
design plans.''.
(2) Innovative technology deployment program.--For fiscal
year 2016, the commercial vehicle information systems and
networks deployment program under section 4126 of SAFETEA-LU
(119 Stat. 1738; Public Law 109--59) may also be referred to
as the innovative technology deployment program.
SEC. 32508. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
ALLOCATION.
(a) Working Group.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
motor carrier safety assistance program formula working group
(referred to in this section as the ``working group''.
(2) Membership.--
(A) In general.--Subject to subparagraph (B), the working
group shall consist of representatives of the following:
(i) The Federal Motor Carrier Safety Administration.
(ii) The lead State commercial motor vehicle safety
agencies responsible for administering the plan required by
section 31102 of title 49, United States Code.
(iii) An organization representing State agencies
responsible for enforcing a program for inspection of
commercial motor vehicles.
(iv) Such other persons as the Secretary considers
necessary.
(B) Composition.--Representatives of State commercial motor
vehicle safety agencies shall comprise at least 51 percent of
the membership.
(3) New allocation formula.--The working group shall
analyze requirements and factors for a new motor carrier
safety assistance program allocation formula.
(4) Recommendation.--Not later than 1 year after the date
the working group is established under paragraph (1), the
working group shall make a recommendation to the Secretary
regarding a new Motor Carrier Safety Assistance Program
allocation formula.
(5) FACA exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the working group established
under this subsection.
(6) Publication.--The Administrator of the Federal Motor
Carrier Safety Administration shall publish on a public
website summaries of its meetings, and the final
recommendation provided to the Secretary.
(b) Notice of Proposed Rulemaking.--After receiving the
recommendation under subsection (a)(4), the Secretary shall
publish in the Federal Register a notice seeking public
comment on a new allocation formula for the motor carrier
safety assistance program under section 31102 of title 49,
United States Code.
(c) Basis for Formula.--The Secretary shall ensure that the
new allocation formula is based on factors that reflect, at a
minimum--
(1) the relative needs of the States to comply with section
31102 of title 49, United States Code;
(2) the relative administrative capacities of and
challenges faced by States in complying with section 31102 of
title 49, United States Code;
(3) the average of each State's new entrant motor carrier
inventory for the 3-year period prior to the date of
enactment of this Act;
(4) the number of international border inspection
facilities and border crossings by commercial vehicles in
each State; and
(5) any other factors the Secretary considers appropriate.
(d) Funding Amounts Prior to Development of a New
Allocation Formula.--
(1) Interim formula.--Prior to the development of the new
allocation formula, the Secretary may calculate the interim
funding amounts for the motor carrier safety assistance
program in fiscal year 2017 (and later fiscal years, as
necessary) under section 31104(a)(1) of title 49, United
States Code, as amended by section 32502 of this Act, by the
following methodology:
(A) The Secretary shall calculate the funding amount using
the allocation formula the Secretary used to award motor
carrier safety assistance program funding in fiscal year 2016
under section 2507 of this Act.
(B) The Secretary shall average the funding awarded or
other equitable amounts to a State in fiscal years 2013,
2014, and 2015 for border enforcement grants awarded under
section 32603(c) of MAP-21 (126 Stat. 807; Public Law 112--
141) and new entrant audit grants awarded under that section,
or other equitable amounts.
(C) The Secretary shall add the amounts calculated in
subparagraphs (A) and (B).
(2) Adjustments.--Subject to the availability of funding
and notwithstanding fluctuations in the data elements used by
the Secretary, the initial amounts resulting from the
calculation described in paragraph (1) shall be adjusted to
ensure that, for each State, the amount shall not be less
than 97 percent of the average amount of funding received or
other equitable amounts in fiscal years 2013, 2014, and 2015
for--
(A) motor carrier safety assistance program funds awarded
under section 32603(a) of MAP-21 (126 Stat. 807; Public Law
112-141);
(B) border enforcement grants awarded under section
32603(a) of MAP-21 (126 Stat. 807; Public Law 112-141); and
(C) new entrant audit grants awarded under section 32603(a)
of MAP-21 (126 Stat. 807; Public Law 112-141).
(3) Immediate relief.--In developing the new allocation
formula, the Secretary shall provide immediate relief for at
least 3 fiscal years to all States currently subject to the
withholding provisions of Motor Carrier Safety Assistance
Program funds for matters of noncompliance.
(4) Future withholdings.--Beginning on the date that the
new allocation formula is implemented, the Secretary shall
impose all future withholdings in accordance with section
31102(k) of title 49, United States Code, as amended by
section 32502 of this Act.
(e) Termination of Effectiveness.--This section expires
upon the implementation of a new Motor Carrier Safety
Assistance Program Allocation Formula.
SEC. 32509. MAINTENANCE OF EFFORT CALCULATION.
(a) Before New Allocation Formula.--
(1) Fiscal year 2017.--If a new allocation formula has not
been established for fiscal year 2017, then, for fiscal year
2017, the Secretary of Transportation shall calculate the
maintenance of effort required under section 31102(f) of
title 49, United States Code, as amended by section 32502 of
this Act, by averaging the expenditures for fiscal years 2004
and 2005 required by section 32601(a)(5) of MAP-21 (Public
Law 112--141), as that section was in effect on the day
before the date of enactment of this Act.
(2) Subsequent fiscal years.--The Secretary may use the
methodology for calculating the maintenance of effort for
fiscal year 2017 and each fiscal year thereafter if a new
allocation formula has not been established.
(b) Beginning With New Allocation Formation.--
(1) In general.--Subject to paragraphs (2) and (3)(B),
beginning on the date that a new allocation formula is
established under section 2508, upon the request of a State,
the Secretary may modify the baseline maintenance of effort
required by section 31102(e) of title 49, United States Code,
as amended by section 32502 of this Act, for the purpose of
establishing a new baseline maintenance of effort if the
Secretary determines that a waiver or modification--
(A) is equitable due to reasonable circumstances;
(B) will ensure the continuation of commercial motor
vehicle enforcement activities in the State; and
(C) is necessary to ensure that the total amount of State
maintenance of effort and matching expenditures required
under sections 31102 and 31104 of title 49, United States
Code, as amended by section 32502 of this Act, does not
exceed a sum greater than the average of the total amount of
State maintenance of effort and matching expenditures for the
3 fiscal years prior to the date of enactment of this Act.
(2) Adjustment methodology.--If requested by a State, the
Secretary may modify the maintenance of effort baseline
according to the following methodology:
(A) The Secretary shall establish the maintenance of effort
using the average of fiscal years 2004 and 2005, as required
by section 32601(a)(5) of MAP-21 (Public Law 112--141).
(B) The Secretary shall calculate the average required
match by a lead State commercial motor vehicle safety agency
for fiscal years 2013, 2014, and 2015 for motor carrier
safety assistance grants established at 20 percent by section
31103 of title 49, United States Code, as that section was in
effect on the day before the date of enactment of this Act.
(C) The Secretary shall calculate the estimated match
required under section 31104(b) of title 49, United States
Code, as amended by section 32502 of this Act.
(D) The Secretary will subtract the amount in subparagraph
(B) from the amount in subparagraph (C) and--
(i) if the number is greater than 0, then the Secretary
shall subtract the number from the amount in subparagraph
(A); or
(ii) if the number is not greater than 0, then the
Secretary shall calculate the maintenance of effort using the
methodology in subparagraph (A).
(3) Maintenance of effort amount.--
(A) In general.--The Secretary shall use the amount
calculated in paragraph (2) as the baseline maintenance of
effort required in section 31102(f) of title 49, United
States Code, as amended by section 32502 of this Act.
(B) Deadline.--If a State does not request a waiver or
modification under this subsection before September 30 during
the first fiscal year that the Secretary implements the new
allocation formula under section 32508, the Secretary shall
calculate the maintenance of effort using the methodology in
paragraph (2)(A) of this subsection.
[[Page S5792]]
(4) Maintenance of effort described.--The maintenance of
effort calculated under this section is the amount required
under section 31102(f) of title 49, United States Code, as
amended by section 32502 of this Act.
(c) Termination of Effectiveness.--The authority under this
section terminates effective on the date that the new
maintenance of effort is calculated based on the new
allocation formula implemented under section 32508.
Subtitle F--Miscellaneous Provisions
SEC. 32601. WINDSHIELD TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the
regulations in section 393.60(e) of title 49, Code of Federal
Regulations (relating to the prohibition on obstructions to
the driver's field of view) to exempt from that section the
voluntary mounting on a windshield of vehicle safety
technology likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would
be achieved absent the exemption.
(b) Definition of Vehicle Safety Technology.--In this
section, ``vehicle safety technology'' includes fleet-related
incident management system, performance or behavior
management system, speed management system, lane departure
warning system, forward collision warning or mitigation
system, active cruise control system, and any other
technology that the Secretary considers applicable.
(c) Rule of Construction.--For purposes of this section,
any windshield mounted technology with a short term exemption
under part 381 of title 49, Code of Federal Regulations, on
the day before the date of enactment of this Act, shall be
considered likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would
be achieved absent an exemption under subsection (a).
SEC. 32602. ELECTRONIC LOGGING DEVICES REQUIREMENTS.
Section 31137(b) is amended--
(1) in paragraph (1)(C), by striking ``apply to'' and
inserting ``except as provided in paragraph (3), apply to'';
and
(2) by adding at the end the following:
``(3) Exception.--A motor carrier, when transporting a
motor home or recreation vehicle trailer within the
definition of `driveaway-towaway operation' (as defined in
section 390.5 of title 49, Code of Federal Regulations) may
comply with the hours of service requirements by requiring
each driver to use--
``(A) a paper record of duty status form; or
``(B) an electronic logging device.''.
SEC. 32603. LAPSE OF REQUIRED FINANCIAL SECURITY; SUSPENSION
OF REGISTRATION.
Section 13906(e) is amended by inserting ``or suspend''
after ``revoke''.
SEC. 32604. ACCESS TO NATIONAL DRIVER REGISTER.
Section 30305(b) is amended by adding at the end the
following:
``(13) The Administrator of the Federal Motor Carrier
Safety Administration may request the chief driver licensing
official of a State to provide information under subsection
(a) of this section about an individual in connection with a
safety investigation under the Administrator's
jurisdiction.''.
SEC. 32605. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER
COMMUTING.
(a) Effects of Commuting.--The Administrator of the Federal
Motor Carrier Safety Administration shall conduct a study of
the effects of motor carrier operator commutes exceeding 150
minutes commuting time on safety and commercial motor vehicle
driver fatigue.
(b) Study.--In conducting the study, the Administrator
shall consider--
(1) the prevalence of driver commuting in the commercial
motor vehicle industry, including the number and percentage
of drivers who commute;
(2) the distances traveled, time zones crossed, time spent
commuting, and methods of transportation used;
(3) research on the impact of excessive commuting on safety
and commercial motor vehicle driver fatigue;
(4) the commuting practices of commercial motor vehicle
drivers and policies of motor carriers;
(5) the Federal Motor Carrier Safety Administration
regulations, policies, and guidance regarding driver
commuting; and
(6) any other matters the Administrator considers
appropriate.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the findings under the study and
any recommendations for legislative action concerning driver
commuting.
SEC. 32606. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING
GROUP.
(a) Working Group.--The Secretary shall establish a working
group for the purpose of developing recommendations on how to
best convey to inexperienced consumers the information such
consumers need to know with respect to the Federal laws
concerning the interstate transportation of household goods
by motor carrier.
(b) Membership.--The Secretary shall ensure that the
working group is comprised of individuals with expertise in
consumer affairs, educators with expertise in how people
learn most effectively, and representatives of the household
goods moving industry.
(c) Recommendations.--
(1) Contents.--The recommendations developed by the working
group shall include, at a minimum, recommendations on--
(A) condensing publication ESA 03005 of the Federal Motor
Carrier Safety Administration into a format that is more
easily used by consumers;
(B) using state-of-the-art education techniques and
technologies, including optimizing the use of the Internet as
an educational tool; and
(C) reducing and simplifying the paperwork required of
motor carriers and shippers in interstate transportation.
(2) Deadline.--Not later than one year after the date of
enactment of this Act, the working group shall make the
recommendations described in paragraph (1) which the
Secretary shall publish on a public website.
(d) Report.--Not later than 1 year after the date on which
the working group makes its recommendations, the Secretary
shall issue a report to Congress on the implementation of
such recommendations.
(e) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group established under this section.
(f) Termination.--The working group shall terminate 2 years
after the date of enactment of this Act.
SEC. 32607. INTERSTATE VAN OPERATIONS.
Section 4136 of SAFETEA-LU (Public Law 109-59; 119 Stat.
1745; 49 U.S.C. 3116 note) is amended by inserting ``with the
exception of commuter vanpool operations, which shall remain
exempt'' before the period at the end.
SEC. 32608. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS
ROADSIDE INSPECTION SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report regarding the
design, development, testing, and implementation of wireless
roadside inspection systems.
(b) Elements.--The report required under subsection (a)
shall include a determination as to whether wireless roadside
inspection systems--
(1) conflict with existing non-Federal electronic screening
systems, or create capabilities already available;
(2) require additional statutory authority to incorporate
generated inspection data into the safety measurement system
or the safety fitness determinations program; and
(3) provide appropriate restrictions to specifically
address privacy concerns of affected motor carriers and
operators.
SEC. 32609. MOTORCOACH HOURS OF SERVICE STUDY.
(a) Requirement Before Implementing New Rules.--
(1) In general.--The Secretary may not amend, adjust, or
revise the driver hours of service regulations for motor
carriers of passengers, by rulemaking or any other means,
until the Secretary conducts a formal study that properly
accounts for operational differences and variances in crash
data for drivers in intercity motorcoach service and
interstate property carrier operations and between segments
of the intercity motorcoach industry.
(2) Contents.--The study required under paragraph (1) shall
include--
(A) the impact of the current hours of service regulations
for motor carriers of passengers on fostering safe operation
of intercity motorcoaches;
(B) the separation of the failures of the current passenger
carrier hours-of-service regulations and the lack of
enforcement of the current regulations by Federal and State
agencies;
(C) the correlation of noncompliance with current passenger
carrier hours of service rule to passenger carrier accidents
using data from 2000 through 2013; and
(D) how passenger carrier crashes could have been mitigated
by any changes to passenger carrier hours of service rules.
(b) Emergency Regulations.--Nothing in this section may be
construed to affect the Secretary's existing authority to
provide relief from the hours of service regulations in the
event of an emergency under section 390.232 of title 49, Code
of Federal Regulations.
SEC. 32610. GAO REVIEW OF SCHOOL BUS SAFETY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, a review of the following:
(1) Existing Federal and State rules and guidance, as of
the date of the review, concerning school bus transportation
of elementary school and secondary school students engaging
in home-to-school transport or other transport determined by
the Comptroller General to be a routine part of kindergarten
through grade 12 education, including regulations and
guidance regarding driver training programs, capacity
requirements, programs for special needs students, inspection
standards, vehicle age requirements, best practices, and
public access to inspection results and crash records.
(2) Any correlation between public or private school bus
fleet operators whose vehicles are involved in an accident as
defined by
[[Page S5793]]
section 390.5 of title 49, Code of Federal Regulations, and
each of the following:
(A) A failure by those same operators of State or local
safety inspections.
(B) The average age or odometer readings of the school
buses in the fleets of such operators.
(C) Violations of Federal laws administered by the
Department of Transportation, or of State law equivalents of
such laws.
(D) Violations of State or local law relating to illegal
passing of a school bus.
(3) A regulatory framework comparison of public and private
school bus operations.
(4) Expert recommendations on best practices for safe and
reliable school bus transportation, including driver training
programs, inspection standards, school bus age and odometer
reading maximums for retirement, the percentage of buses in a
local bus fleet needed as spare buses, and capacity levels
per school bus for different age groups.
SEC. 32611. USE OF HAIR TESTING FOR PREEMPLOYMENT AND RANDOM
CONTROLLED SUBSTANCES TESTS.
(a) Short Title.--This section may be cited as the ``Drug
Free Commercial Driver Act of 2015''.
(b) Authorization of Hair Testing as an Acceptable
Procedure for Preemployment and Random Controlled Substance
Tests.--Section 31306 is amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) in subparagraph (A), by striking ``The regulations
shall permit such motor carriers to conduct preemployment
testing of such employees for the use of alcohol.'' and
inserting the following:
``(B) The regulations prescribed under subparagraph (A)
shall permit motor carriers--
``(i) to conduct preemployment testing of commercial motor
vehicle operators for the use of alcohol; and
``(ii) to use hair testing as an acceptable alternative to
urinalysis--
``(I) in conducting preemployment screening for the use of
a controlled substance; and
``(II) in conducting random screening for the use of a
controlled substance by individuals who were subject to
preemployment screening.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(D) laboratory protocols and cut-off levels for hair
testing to detect the use of a controlled substance;''.
(c) Exemption From Mandatory Urinalysis.--
(1) In general.--Any motor carrier that demonstrates, to
the satisfaction of the Administrator of the Federal Motor
Carrier Safety Administration, in consultation with the
Department of Health and Human Services, that it can carry
out an applicable hair testing program, consistent with
generally accepted industry standards, to detect the use of a
controlled substance by commercial motor vehicle operators,
may apply to the Administrator for an exemption from the
mandatory urinalysis testing requirements set forth in
subpart C of part 382 of title 49, Code of Federal
Regulations until a final rule is issued implementing the
amendments made by subsection (b).
(2) Evaluation of applications.--
(A) In general.--In evaluating applications for an
exemption under paragraph (1), the Administrator, in
consultation with the Department of Health and Human
Services, shall determine if the applicant's testing program
employs procedures and protections similar to fleets that
have carried out hair testing programs for at least 1 year.
(B) Requirements.--A testing program may not receive an
exemption under paragraph (1) unless the applicable testing
laboratories--
(i) have obtained laboratory accreditation specific to hair
testing from an accrediting body, compliant with
international or other Federal standards, as appropriate,
such as the College of American Pathologists; and
(ii) utilize hair testing assays that have been cleared by
the Food and Drug Administration under section 510(k) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C. 360(k)).
(3) Deadline for decisions.--Not later than 90 days after
receiving an application from a motor carrier under this
subsection, the Administrator, in consultation with the
Secretary of Health and Human Services, shall determine
whether the motor carrier is exempt from the testing
requirements described in paragraph (1).
(4) Reporting requirement.--Any motor carrier that is
granted an exemption under paragraph (1) shall submit records
to the national clearinghouse established under section
31306a of title 49, United States Code, relating to all
positive test results and test refusals from the hair testing
program described in that paragraph.
(d) Guidelines for Hair Testing.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Health and Human Services shall issue scientific and
technical guidelines for hair testing as a method of
detecting the use of a controlled substance for purposes of
section 31306 of title 49, United States Code, as amended by
subsection (b). When issuing the scientific and technical
guidelines, the Secretary of Health and Human Services may
consider differentiating between exposure to, and usage of,
various controlled substances.
(e) Annual Report to Congress.--The Secretary shall submit
an annual report to Congress that--
(1) summarizes the results of preemployment and random drug
testing using both hair testing and urinalysis;
(2) evaluates the efficacy of each method; and
(3) determines which method provides the most accurate
means of detecting the use of controlled substances over
time.
TITLE XXXIII--HAZARDOUS MATERIALS
SEC. 33101. ENDORSEMENTS.
(a) Exclusions.--Section 5117(d)(1) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) a service vehicle (as defined in section 33101 of the
Comprehensive Transportation and Consumer Protection Act of
2015) carrying diesel fuel in quantities of 3,785 liters
(1,000 gallons) or less that is--
``(i) driven by a class A commercial driver's license
holder who is a custom harvester, an agricultural retailer,
an agricultural business employee, an agricultural
cooperative employee, or an agricultural producer; and
``(ii) clearly marked with a placard reading `Diesel
Fuel'.''.
(b) Hazardous Materials Endorsement Exemption.--The
Secretary shall exempt all class A commercial driver's
license holders who are custom harvesters, agricultural
retailers, agricultural business employees, agricultural
cooperative employees, or agricultural producers from the
requirement to obtain a hazardous materials endorsement under
part 383 of title 49, Code of Federal Regulations, while
operating a service vehicle carrying diesel fuel in
quantities of 3,785 liters (1,000 gallons) or less if the
tank containing such fuel is clearly marked with a placard
reading ``Diesel Fuel''.
(c) Definition of Service Vehicle.--In this section, the
term ``service vehicle'' means a vehicle carrying diesel fuel
that will be deductible as a profit-seeking activity--
(1) under section 162 of the Internal Revenue Code of 1986
as a business expense; or
(2) under section 212 of the Internal Revenue Code of 1986
as a production of income expense.
SEC. 33102. ENHANCED REPORTING.
Section 5121(h) is amended by striking ``transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate'' and inserting ``post on
the Department of Transportation public website''.
SEC. 33103. HAZARDOUS MATERIAL INFORMATION.
(a) Derailment Data.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the form
for reporting a rail equipment accident or incident under
section 225.21 of title 49, Code of Federal Regulations (Form
FRA F 6180.54, Rail Equipment Accident/Incident Report),
including to its instructions, to require additional data
concerning rail cars carrying crude oil or ethanol that are
involved in a reportable rail equipment accident or incident
under part 225 of that title.
(2) Contents.--The data under subsection (a) shall
include--
(A) the number of rail cars carrying crude oil or ethanol;
(B) the number of rail cars carrying crude oil or ethanol
damaged or derailed; and
(C) the number of rail cars releasing crude oil or ethanol.
(3) Differentiation.--The data described in paragraph (2)
shall be reported separately for crude oil and for ethanol.
(b) Database Connectivity.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement
information management practices to ensure that the Pipeline
and Hazardous Materials Safety Administration Hazardous
Materials Incident Reports Database (referred to in this
section as ``Incident Reports Database'') and the Federal
Railroad Administration Railroad Safety Information System
contain accurate and consistent data on a reportable rail
equipment accident or incident under part 225 of title 49,
Code of Federal Regulations, involving the release of
hazardous materials.
(2) Identifiers.--The Secretary shall ensure that the
Incident Reports Database uses a searchable Federal Railroad
Administration report number, or other applicable unique
identifier that is linked to the Federal Railroad Safety
Information System, for each reportable rail equipment
accident or incident under part 225 of title 49, Code of
Federal Regulations, involving the release of hazardous
materials.
(c) Evaluation.--
(1) In general.--The Department of Transportation Inspector
General shall--
(A) evaluate the accuracy of information in the Incident
Reports Database, including determining whether any
inaccuracies exist in--
(i) the type of hazardous materials released;
(ii) the quantity of hazardous materials released;
(iii) the location of hazardous materials released;
(iv) the damages or effects of hazardous materials
released; and
[[Page S5794]]
(v) any other data contained in the database; and
(B) considering the requirements in subsection (b),
evaluate the consistency and accuracy of data involving
accidents or incidents reportable to both the Pipeline and
Hazardous Materials Safety Administration and the Federal
Railroad Administration, including whether the Incident
Reports Database uses a searchable identifier described in
subsection (b)(2).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Department of Transportation
Inspector General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report of the findings under subparagraphs
(A) and (B) of paragraph (1) and recommendations for
resolving any inconsistencies or inaccuracies.
(d) Savings Clause.--Nothing in this section may be
construed to prohibit the Secretary from requiring other
commodity-specific information for any reportable rail
equipment accident or incident under part 225 of title 49,
Code of Federal Regulations.
SEC. 33104. NATIONAL EMERGENCY AND DISASTER RESPONSE.
(a) Purpose.--Section 5101 is amended by inserting and
``and to facilitate the safe movement of hazardous materials
during national emergencies'' after ``commerce''.
(b) General Regulatory Authority.--Section 5103 is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federally Declared Disaster and Emergency Areas.--The
Secretary, in consultation with the Secretary of Homeland
Security, may prescribe standards to facilitate the safe
movement of hazardous materials into, from, and within a
federally declared disaster area or a national emergency
area.''.
SEC. 33105. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 is amended to read as follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $43,660,000 for fiscal year 2016;
``(2) $44,577,000 for fiscal year 2017;
``(3) $45,513,000 for fiscal year 2018;
``(4) $46,469,000 for fiscal year 2019;
``(5) $47,445,000 for fiscal year 2020; and
``(6) $48,441,000 for fiscal year 2021.
``(b) Hazardous Materials Emergency Preparedness Fund.--
From the Hazardous Materials Emergency Preparedness Fund
established under section 5116(i), the Secretary may expend,
during each of fiscal years 2016 through 2021--
``(1) $188,000 to carry out section 5115;
``(2) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(3) $150,000 to carry out section 5116(f);
``(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(5) $1,000,000 to carry out section 5116(j).
``(c) Hazardous Materials Training Grants.--From the
Hazardous Materials Emergency Preparedness Fund established
pursuant to section 5116(i), the Secretary may expend
$4,000,000 for each of the fiscal years 2016 through 2021 to
carry out section 5107(e).
``(d) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, authority, or entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.
TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
PART I--HIGHWAY SAFETY
SEC. 34101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $243,526,500 for fiscal year 2016;
(B) $252,267,972 for fiscal year 2017;
(C) $261,229,288 for fiscal year 2018;
(D) $270,415,429 for fiscal year 2019;
(E) $279,831,482 for fiscal year 2020; and
(F) $289,482,646 for fiscal year 2021.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $137,835,000 for fiscal year 2016;
(B) $140,729,535 for fiscal year 2017;
(C) $143,684,855 for fiscal year 2018;
(D) $146,702,237 for fiscal year 2019;
(E) $149,782,984 for fiscal year 2020; and
(F) $152,928,427 for fiscal year 2021.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $274,720,000 for fiscal year 2016;
(B) $277,467,200 for fiscal year 2017;
(C) $280,241,872 for fiscal year 2018;
(D) $283,044,291 for fiscal year 2019;
(E) $285,874,734 for fiscal year 2020; and
(F) $288,733,481 for fiscal year 2021.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of
title 49, United States Code--
(A) $5,105,000 for fiscal year 2016;
(B) $5,212,205 for fiscal year 2017;
(C) $5,321,661 for fiscal year 2018;
(D) $5,433,416 for fiscal year 2019;
(E) $5,547,518 for fiscal year 2020; and
(F) $5,664,016 for fiscal year 2021.
(5) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
(A) $29,290,000 for fiscal year 2016;
(B) $29,582,900 for fiscal year 2017;
(C) $29,878,729 for fiscal year 2018;
(D) $30,177,516 for fiscal year 2019;
(E) $30,479,291 for fiscal year 2020; and
(F) $30,784,084 for fiscal year 2021.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this subtitle--
(A) $25,755,000 for fiscal year 2016;
(B) $26,012,550 for fiscal year 2017;
(C) $26,272,676 for fiscal year 2018;
(D) $26,535,402 for fiscal year 2019;
(E) $26,800,756 for fiscal year 2020; and
(F) $27,068,764 for fiscal year 2021.
(b) Prohibition on Other Uses.--Except as otherwise
provided in chapter 4 of title 23, United States Code, in
this subtitle, and in the amendments made by this subtitle,
the amounts made available from the Highway Trust Fund (other
than the Mass Transit Account) for a program under such
chapter--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and in
this subtitle, amounts made available under subsection (a)
for fiscal years 2016 through 2021 shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(d) Regulatory Authority.--Grants awarded under this
subtitle shall be in accordance with regulations issued by
the Secretary.
(e) State Matching Requirements.--If a grant awarded under
this subtitle requires a State to share in the cost, the
aggregate of all expenditures for highway safety activities
made during any fiscal year by the State and its political
subdivisions (exclusive of Federal funds) for carrying out
the grant (other than planning and administration) shall be
available for the purpose of crediting the State during such
fiscal year for the non-Federal share of the cost of any
project under this subtitle (other than planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
(f) Grant Application and Deadline.--To receive a grant
under this subtitle, a State shall submit an application, and
the Secretary shall establish a single deadline for such
applications to enable the award of grants early in the next
fiscal year.
(g) Transfers.--Section 405(a)(1)(G) of title 23, United
States Code, is amended to read as follows:
``(G) Transfers.--Notwithstanding subparagraphs (A) through
(F), the Secretary shall reallocate, before the last day of
any fiscal year, any amounts remaining available of the
amounts allocated to carry out any of the activities
described in subsections (b) through (g) to increase the
amount made available to carry out section 402, in order to
ensure, to the maximum extent possible, that all such amounts
are obligated during such fiscal year.''.
SEC. 34102. HIGHWAY SAFETY PROGRAMS.
(a) Restriction.--Section 402(g) of title 23, United States
Code, is amended to read as follows:
``(g) Restriction.--Nothing in this section may be
construed to authorize the appropriation or expenditure of
funds for highway construction, maintenance, or design (other
than design of safety features of highways to be incorporated
into guidelines).''.
(b) Use of Funds.--
(1) Highway safety programs.--Section 402(c)(2) of title
23, United States Code, is amended by inserting ``A State may
provide the funds apportioned under this section to a
political subdivision of a State, including Indian tribal
governments.'' after ``neighboring States.''.
(2) National priority safety programs.--Section 405(a)(1)
is amended by adding at the end the following:
``(I) Political subdivisions.--A State may provide the
funds awarded under this section to a political subdivision
of a State, including Indian tribal governments.''.
(c) Tracking Process.--Section 412 of title 23, United
States Code, is amended by adding at the end the following:
``(f) Tracking Process.--The Secretary shall develop a
process to identify and mitigate possible systemic issues
across States and regional offices by reviewing oversight
findings and recommended actions identified in triennial
State management reviews.''.
(d) Highway Safety Plans.--Section 402(k)(5)(A) of title
23, United States Code, is amended by striking ``60'' and
inserting ``45''.
(e) Maintenance of Effort.--Section 405(a)(1)(H) of title
23, United States Code, is amended to read as follows:
[[Page S5795]]
``(H) Maintenance of effort certification.--As part of the
grant application required in section 402(k)(3)(F), a State
receiving a grant in any fiscal year under subsection (b),
subsection (c), or subsection (d) of this section shall
provide certification that the lead State agency responsible
for programs described in any of those sections is
maintaining aggregate expenditures at or above the average
level of such expenditures in the 2 fiscal years prior to the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015.''.
SEC. 34103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK LAWS AND
24-7 SOBRIETY PROGRAMS.
Section 405(d) of title 23, United States Code, is
amended--
(1) in paragraph (6)--
(A) by amending the heading to read as follows:
``Additional grants.--'';
(B) in subparagraph (A), by amending the heading to read as
follows: ``Grants to states with alcohol-ignition interlock
laws.--'';
(C) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(D) by inserting after subparagraph (A), the following:
``(B) Grants to states with 24-7 sobriety programs.--The
Secretary shall make a separate grant under this subsection
to each State that--
``(i) adopts and is enforcing a law that requires all
individuals convicted of driving under the influence of
alcohol or of driving while intoxicated to receive a
restriction on driving privileges; and
``(ii) provides a 24-7 sobriety program.'';
(E) in subparagraph (C), as redesignated, by inserting
``and subparagraph (B)'' after ``subparagraph (A)'';
(F) in subparagraph (D), as redesignated, by inserting
``and subparagraph (B)'' after ``subparagraph (A)'';
(G) by amending subparagraph (E), as redesignated, to read
as follows:
``(E) Funding.--
``(i) Funding for grants to states with alcohol-ignition
interlock laws.--Not more than 12 percent of the amounts made
available to carry out this subsection in a fiscal year shall
be made available by the Secretary for making grants under
subparagraph (A).
``(ii) Funding for grants to states with 24-7 sobriety
programs.--Not more than 3 percent of the amounts made
available to carry out this subsection in a fiscal year shall
be made available by the Secretary for making grants under
subparagraph (B).''; and
(H) by adding at the end the following:
``(F) Exceptions.--A State alcohol-ignition interlock law
under subparagraph (A) may include exceptions for the
following circumstances:
``(i) The individual is required to operate an employer's
motor vehicle in the course and scope of employment and the
business entity that owns the vehicle is not owned or
controlled by the individual.
``(ii) The individual is certified by a medical doctor as
being unable to provide a deep lung breath sample for
analysis by an ignition interlock device.''; and
(2) in paragraph (7)(A)--
(A) in the matter preceding clause (i)--
(i) by striking ``or a State agency'' and inserting ``or an
agency with jurisdiction''; and
(ii) by inserting ``bond,'' before ``sentence'';
(B) in clause (i), by striking ``who plead guilty or'' and
inserting ``who was arrested, plead guilty, or''; and
(C) in clause (ii), by inserting ``at a testing location''
after ``per day''.
SEC. 34104. REPEAT OFFENDER CRITERIA.
Section 164(a) of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) 24-7 sobriety program.--The term `24-7 sobriety
program' has the meaning given the term in section
405(d)(7)(A).'';
(3) in paragraph (5), as redesignated--
(A) in the matter preceding subparagraph (A), by inserting
``or combination of laws or programs'' after ``State law'';
and
(B) by amending subparagraph (A) to read as follows:
``(A) receive, for a period of not less than 1 year--
``(i) a suspension of all driving privileges;
``(ii) a restriction on driving privileges that limits the
individual to operating only motor vehicles with an ignition
interlock device installed, unless a special exception
applies;
``(iii) a restriction on driving privileges that limits the
individual to operating motor vehicles only if participating
in, and complying with, a 24-7 sobriety program; or
``(iv) any combination of clauses (i) through (iii);'';
(C) by striking subparagraph (B);
(D) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(E) in subparagraph (C), as redesignated--
(i) in clause (i)--
(I) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(II) in subclause (II), by striking ``; and''; and
inserting ``; or''; and
(III) by adding at the end the following:
``(III) the State certifies that the general practice is
that such an individual will be incarcerated; and''; and
(ii) in clause (ii)--
(I) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(II) in subclause (II), by striking ``; and''; and
inserting ``; or''; and
(III) by adding at the end the following:
``(III) the State certifies that the general practice is
that such an individual will receive approximately 10 days of
incarceration.''; and
(4) by adding at the end--
``(6) Special exception.--The term `special exception'
means an exception under a State alcohol-ignition interlock
law for the following circumstances:
``(A) The individual is required to operate an employer's
motor vehicle in the course and scope of employment and the
business entity that owns the vehicle is not owned or
controlled by the individual.
``(B) The individual is certified by a medical doctor as
being unable to provide a deep lung breath sample for
analysis by an ignition interlock device.''.
SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL
AND DRUG USE BY DRIVERS.
Not later than 180 days after the date that the Comptroller
General reviews and reports on the overall value of the
National Roadside Survey to researchers and other public
safety stakeholders, the differences between a National
Roadside Survey site and typical law enforcement checkpoints,
and the effectiveness of the National Roadside Survey
methodology at protecting the privacy of the driving public,
as requested by the Committee on Appropriations of the Senate
on June 5, 2014 (Senate Report 113-182), the Secretary shall
report to Congress on the National Highway Traffic Safety
Administration's progress toward reviewing that report and
implementing any recommendations made in that report.
SEC. 34106. INCREASING PUBLIC AWARENESS OF THE DANGERS OF
DRUG-IMPAIRED DRIVING.
(a) Additional Actions.--The Administrator of the National
Highway Traffic Safety Administration, in consultation with
the White House Office of National Drug Control Policy, the
Secretary of Health and Human Services, State highway safety
offices, and other interested parties, as determined by the
Administrator, shall identify and carry out additional
actions that should be undertaken by the Administration to
assist States in their efforts to increase public awareness
of the dangers of drug-impaired driving, including the
dangers of driving while under the influence of heroin or
prescription opioids.
(b) Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes the additional actions
undertaken by the Administration pursuant to subsection (a).
SEC. 34107. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCUPANTS
IN VEHICLE CRASHES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall revise the crash
investigation data collection system of the National Highway
Traffic Safety Administration to include the collection of
the following data in connection with vehicle crashes
whenever a child restraint system was in use in a vehicle
involved in a crash:
(1) The type or types of child restraint systems in use
during the crash in any vehicle involved in the crash,
including whether a five-point harness or belt-positioning
booster.
(2) If a five-point harness child restraint system was in
use during the crash, whether the child restraint system was
forward-facing or rear-facing in the vehicle concerned.
(b) Consultation.--In implementing subsection (a), the
Secretary shall work with law enforcement officials, safety
advocates, the medical community, and research organizations
to improve the recordation of data described in subsection
(a) in police and other applicable incident reports.
(c) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on child occupant crash data
collection in the crash investigation data collection system
of the National Highway Traffic Safety Administration
pursuant to the revision required by subsection (a).
PART II--STOP MOTORCYCLE CHECKPOINT FUNDING ACT
SEC. 34121. SHORT TITLE.
This part may be cited as the ``Stop Motorcycle Checkpoint
Funding Act''.
SEC. 34122. GRANT RESTRICTION.
Notwithstanding section 153 of title 23, United States
Code, the Secretary may not provide a grant or any funds to a
State, county, town, township, Indian tribe, municipality, or
other local government that may be used for any program--
(1) to check helmet usage; or
(2) to create checkpoints that specifically target
motorcycle operators or motorcycle passengers.
[[Page S5796]]
PART III--IMPROVING DRIVER SAFETY ACT OF 2015
SEC. 34131. SHORT TITLE.
This part may be cited as the ``Improving Driver Safety Act
of 2015''.
SEC. 34132. DISTRACTED DRIVING INCENTIVE GRANTS.
Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1), by inserting ``includes distracted
driving issues as part of the State's driver's license
examination and'' after ``any State that'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by amending subparagraph (C) to read as follows:
``(C) establishes a minimum fine for a violation of the
statute; and''; and
(C) by adding at the end the following:
``(D) does not provide for an exception that specifically
allows a driver to use a personal wireless communications
device for texting while stopped in traffic.'';
(3) in paragraph (3)--
(A) by amending subparagraph (A) to read as follows:
``(A) prohibits the use of a personal wireless
communications device while driving for drivers--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit and intermediate license
stages;''; and
(B) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) establishes a minimum fine for a violation of the
statute; and
``(D) does not provide for an exception that specifically
allows a driver to text through a personal wireless
communications device while stopped in traffic.''; and
(4) in paragraph (4)--
(A) in subparagraph (B)(ii), by striking ``and'' at the
end;
(B) in subparagraph (C)--
(i) by striking ``section 31152'' and inserting ``section
31136''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(D) any additional exceptions determined by the Secretary
through the rulemaking process.'';
(5) by amending paragraph (6) to read as follows:
``(6) Additional distracted driving grants.--
``(A) In general.--Notwithstanding paragraph (1), the
Secretary shall use up to 50 percent of the amounts available
for grants under this subsection to award grants to any State
that--
``(i) in fiscal year 2017--
``(I) certifies that it has enacted a basic text messaging
statute that--
``(aa) is applicable to drivers of all ages; and
``(bb) makes violation of the basic text messaging statute
a primary offense or secondary enforcement action as allowed
by State statute; and
``(II) is otherwise ineligible for a grant under this
subsection; and
``(ii) in fiscal year 2018--
``(I) meets the requirements under clause (i);
``(II) imposes fines for violations; and
``(III) has a statute that prohibits drivers who are
younger than 18 years of age from using a personal wireless
communications device while driving.
``(B) Use of grant funds.--
``(i) In general.--Notwithstanding paragraph (5) and
subject to clauses (ii) and (iii) of this subparagraph,
amounts received by a State under subparagraph (A) may be
used for activities related to the enforcement of distracted
driving laws, including for public information and awareness
purposes.
``(ii) Fiscal year 2017.--In fiscal year 2017, up to 15
percent of the amounts received by a State under subparagraph
(A) may be used for any eligible project or activity under
section 402.
``(iii) Fiscal year 2018.--In fiscal year 2018, up to 25
percent of the amounts received by a State under subparagraph
(A) may be used for any eligible project or activity under
section 402.''; and
(6) in paragraph (9)(A)(i), by striking ``, including
operation while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise''.
SEC. 34133. BARRIERS TO DATA COLLECTION REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Administrator of the National Highway Traffic
Safety Administration shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) identifies any legal and technical barriers to
capturing adequate data on the prevalence of the use of
wireless communications devices while driving; and
(2) provides recommendations on how to address such
barriers.
SEC. 34134. MINIMUM REQUIREMENTS FOR STATE GRADUATED DRIVER
LICENSING INCENTIVE GRANT PROGRAM.
Section 405(g)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (A), by striking ``21'' and inserting
``18''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Licensing process.--A State is in compliance with the
2-stage licensing process described in this subparagraph if
the State's driver's license laws include--
``(i) a learner's permit stage that--
``(I) is at least 6 months in duration;
``(II) contains a prohibition on the driver using a
personal wireless communications device (as defined in
subsection (e)) while driving except under an exception
permitted under paragraph (4) of that subsection, and makes a
violation of the prohibition a primary offense;
``(III) requires applicants to successfully pass a vision
and knowledge assessment prior to receiving a learner's
permit;
``(IV) requires that the driver be accompanied and
supervised at all times while the driver is operating a motor
vehicle by a licensed driver who is at least 21 years of age
or is a State-certified driving instructor;
``(V) has a requirement that the driver--
``(aa) complete a State-certified driver education or
training course; or
``(bb) obtain at least 50 hours of behind-the-wheel
training, with at least 10 hours at night, with a licensed
driver;
``(VI) remains in effect until the driver--
``(aa) reaches 16 years of age and enters the intermediate
stage; or
``(bb) reaches 18 years of age;
``(ii) an intermediate stage that--
``(I) commences immediately after the expiration of the
learner's permit stage and successful completion of a driving
skills assessment;
``(II) is at least 6 months in duration;
``(III) prohibits the driver from using a personal wireless
communications device (as defined in subsection (e)) while
driving except under an exception permitted under paragraph
(4) of that subsection, and makes a violation of the
prohibition a primary offense;
``(IV) for the first 6 month of the intermediate stage,
restricts driving at night between the hours of 10:00 p.m.
and 5:00 a.m. when not supervised by a licensed driver 21
years of age or older, excluding transportation to work,
school, religious activities, or emergencies;
``(V) prohibits the driver from operating a motor vehicle
with more than 1 nonfamilial passenger younger than 21 years
of age unless a licensed driver who is at least 21 years of
age is in the motor vehicle; and
``(VI) remains in effect until the driver reaches 17 years
of age; and
``(iii) a learner's permit and intermediate stage that
require, in addition to any other penalties imposed by State
law, the granting of an unrestricted driver's license be
automatically delayed for any individual who, during the
learner's permit or intermediate stage, is convicted of a
driving-related offense during the first 6 months,
including--
``(I) driving while intoxicated;
``(II) misrepresentation of the individual's age;
``(III) reckless driving;
``(IV) driving without wearing a seat belt;
``(V) speeding; or
``(VI) any other driving-related offense, as determined by
the Secretary.''.
PART IV--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 34141. TECHNICAL CORRECTIONS TO THE MOTOR VEHICLE AND
HIGHWAY SAFETY IMPROVEMENT ACT OF 2012.
(a) Highway Safety Programs.--Section 402 of title 23,
United States Code is amended--
(1) in subsection (b)(1)(C), by striking ``except as
provided in paragraph (3),'';
(2) in subsection (b)(1)(E)--
(A) by striking ``in which a State'' and inserting ``for
which a State''; and
(B) by striking ``subsection (f)'' and inserting
``subsection (k)''; and
(3) in subsection (k)(4), by striking ``paragraph (2)(A)''
and inserting ``paragraph (3)(A)''.
(b) Highway Safety Research and Development.--Section
403(e) of title 23, United States Code is amended by
inserting ``of title 49'' after ``chapter 301''.
(c) National Priority Safety Programs.--Section 405 of
title 23, United States Code is amended--
(1) in subsection (d)(5), by striking ``section 402(c)''
and inserting ``section 402''; and
(2) in subsection (f)(4)(A)(iv), by striking ``developed
under subsection (g)''.
Subtitle B--Vehicle Safety
SEC. 34201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is
authorized to be appropriated to the Secretary to carry out
chapter 301 of title 49, and part C of subtitle VI of title
49, United States Code, amounts as follows:
(1) $132,730,000 for fiscal year 2016.
(2) $135,517,330 for fiscal year 2017.
(3) $138,363,194 for fiscal year 2018.
(4) $141,268,821 for fiscal year 2019.
(5) $144,235,466 for fiscal year 2020.
(6) $147,264,411 for fiscal year 2021.
(b) Additional Authorization of Appropriations if a
Certification Is Made.--
(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a) to carry out chapter 301
of title 49, and part C of subtitle VI of title 49, United
States Code, if the certification described in paragraph (2)
is made during a fiscal year there is authorized to be
appropriated to the Secretary for that purpose for that
fiscal year and subsequent fiscal years an additional amount
as follows:
(A) $46,270,000 for fiscal year 2016.
(B) $51,537,670 for fiscal year 2017.
[[Page S5797]]
(C) $57,296,336 for fiscal year 2018.
(D) $62,999,728 for fiscal year 2019.
(E) $69,837,974 for fiscal year 2020.
(F) $76,656,407 for fiscal year 2021.
(2) Certification described.--The certification described
in this paragraph is a certification made by the Secretary
and submitted to Congress that the National Highway Traffic
Safety Administration has implemented all of the
recommendations in the Office of Inspector General Audit
Report issued June 18, 2015 (ST-2015-063). As part of the
certification, the Secretary shall review the actions the
National Highway Traffic Safety Administration has taken to
implement the recommendations and issue a report to Congress
detailing how the recommendations were implemented. The
Secretary shall not delegate or assign the responsibility
under this paragraph.
SEC. 34202. INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, and periodically thereafter until the
completion date, the Department of Transportation Inspector
General shall report to the appropriate committees of
Congress on whether and what progress has been made to
implement the recommendations in the Office of Inspector
General Audit Report issued June 18, 2015 (ST-2015-063).
(b) Implementation Progress.--The Administrator of the
National Highway Traffic Safety Administration shall--
(1) not later than 90 days after the date of enactment of
this Act, and periodically thereafter until the completion
date, provide a briefing to the appropriate committees of
Congress on the actions the Administrator has taken to
implement the recommendations in the audit report described
in subsection (a), including a plan for implementing any
remaining recommendations; and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees
of Congress on the implementation of all of the
recommendations in the audit report described in subsection
(a).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Completion date.--The term ``completion date'' means
the date that the National Highway Traffic Safety
Administration has implemented all of the recommendations in
the Office of Inspector General Audit Report issued June 18,
2015 (ST-2015-063).
SEC. 34203. IMPROVEMENTS IN AVAILABILITY OF RECALL
INFORMATION.
(a) Vehicle Recall Information.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
implement current information technology, web design trends,
and best practices that will help ensure that motor vehicle
safety recall information available to the public on the
Federal website is readily accessible and easy to use,
including--
(1) by improving the organization, availability,
readability, and functionality of the website;
(2) by accommodating high-traffic volume; and
(3) by establishing best practices for scheduling routine
website maintenance.
(b) Government Accountability Office Public Awareness
Report.--
(1) In general.--The Comptroller General shall study the
current use by consumers, dealers, and manufacturers of the
safety recall information made available to the public,
including the usability and content of the Federal and
manufacturers' websites and the National Highway Traffic
Safety Administration's efforts to publicize and educate
consumers about safety recall information.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall issue a
report with the findings of the study under paragraph (1),
including recommending any actions the Secretary can take to
improve public awareness and use of the websites for safety
recall information.
(c) Promotion of Public Awareness.--Section 31301(c) of the
Moving Ahead for Progress in the 21st Century Act (49 U.S.C.
30166 note) is amended to read as follows:
``(c) Promotion of Public Awareness.--The Secretary shall
improve public awareness of safety recall information made
publicly available by periodically updating the method of
conveying that information to consumers, dealers, and
manufacturers, such as through public service
announcements.''.
(d) Consumer Guidance.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall make
available to the public on the Internet detailed guidance for
consumers submitting safety complaints, including--
(1) a detailed explanation of what information a consumer
should include in a complaint; and
(2) a detailed explanation of the possible actions the
National Highway Traffic Safety Administration can take to
address a complaint and respond to the consumer, including
information on--
(A) the consumer records, such as photographs and police
reports, that could assist with an investigation; and
(B) the length of time a consumer should retain the records
described in subparagraph (A).
(e) VIN Search.--
(1) In general.--The Secretary, in coordination with
industry, including manufacturers and dealers, shall study--
(A) the feasibility of searching multiple vehicle
identification numbers at a time to retrieve motor vehicle
safety recall information; and
(B) the feasibility of making the search mechanism
described under subparagraph (A) publicly available.
(2) Considerations.--In conducting the study under
paragraph (1), the Secretary shall consider the potential
costs, and potential risks to privacy and security in
implementing such a search mechanism.
SEC. 34204. RECALL PROCESS.
(a) Notification Improvement.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall prescribe a final
rule revising the regulations under section 577.7 of title
49, Code of Federal Regulations, to include notification by
electronic means in addition to notification by first class
mail.
(2) Definition of electronic means.--In this subsection,
the term ``electronic means'' includes electronic mail and
may include such other means of electronic notification, such
as social media or targeted online campaigns, as determined
by the Secretary.
(b) Notification by Manufacturer.--Section 30118(c) is
amended by inserting ``or electronic mail'' after ``certified
mail''.
(c) Recall Completion Rates Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter for 4 years,
the Secretary shall--
(A) conduct an analysis of vehicle safety recall completion
rates to assess potential actions by the National Highway
Traffic Safety Administration to improve vehicle safety
recall completion rates; and
(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
results of the analysis.
(2) Contents.--Each report shall include--
(A) the annual recall completion rate by manufacturer,
model year, component (such as brakes, fuel systems, and air
bags), and vehicle type (passenger car, sport utility
vehicle, passenger van, and pick-up truck) for each of the 5
years before the year the report is submitted;
(B) the methods by which the Secretary has conducted
analyses of these recall completion rates to determine trends
and identify risk factors associated with lower recall rates;
and
(C) the actions the Secretary has planned to improve recall
completion rates based on the results of this data analysis.
(d) Inspector General Audit of Vehicle Recalls.--
(1) In general.--The Department of Transportation Inspector
General shall conduct an audit of the National Highway
Traffic Safety Administration's management of vehicle safety
recalls.
(2) Contents.--The audit shall include a determination of
whether the National Highway Traffic Safety Administration--
(A) appropriately monitors recalls to ensure the
appropriateness of scope and adequacy of recall completion
rates and remedies;
(B) ensures manufacturers provide safe remedies, at no cost
to consumers;
(C) is capable of coordinating recall remedies and
processes; and
(D) can improve its policy on consumer notice to combat
effects of recall fatigue.
SEC. 34205. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO
CONSUMERS OF MOTOR VEHICLE RECALL STATUS.
(a) In General.--Not later than October 1, 2016, the
Secretary shall implement a 2-year pilot program to evaluate
the feasibility and effectiveness of a State process for
informing consumers of open motor vehicle recalls at the time
of motor vehicle registration in the State.
(b) Grants.--To carry out this program, the Secretary may
make a grant to each eligible State, but not more than 6
eligible States in total, that agrees to comply with the
requirements under subsection (c). Funds made available to a
State under this section shall be used by the State for the
pilot program described in subsection (a).
(c) Eligibility.--To be eligible for a grant, a State
shall--
(1) submit an application in such form and manner as the
Secretary prescribes;
(2) agree to notify, at the time of registration, each
owner or lessee of a motor vehicle presented for registration
in the State of any open recall on that vehicle;
(3) provide the open motor vehicle recall information at no
cost to each owner or lessee of a motor vehicle presented for
registration in the State; and
(4) provide such other information as the Secretary may
require.
(d) Awards.--In selecting an applicant for an award under
this section, the Secretary shall consider the State's
methodology for determining open recalls on a motor vehicle,
for informing consumers of the open recalls, and for
determining performance.
(e) Performance Period.--Each grant awarded under this
section shall require a 2-year performance period.
(f) Report.--Not later than 90 days after the completion of
the performance period under subsection (e), a grantee shall
provide to the Secretary a report of performance
[[Page S5798]]
containing such information as the Secretary considers
necessary to evaluate the extent to which open recalls have
been remedied.
(g) Evaluation.--Not later than 180 days after the
completion of the pilot program, the Secretary shall evaluate
the extent to which open recalls identified have been
remedied.
(h) Definitions.--In this section:
(1) Consumer.--The term ``consumer'' includes owner and
lessee.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term under section 30102(a) of title 49,
United States Code.
(3) Open recall.--The term ``open recall'' means a recall
for which a notification by a manufacturer has been provided
under section 30119 of title 49, United States Code, and that
has not been remedied under section 30120 of that title.
(4) Registration.--The term ``registration'' means the
process for registering motor vehicles in the State.
(5) State.--The term ``State'' has the meaning given the
term under section 101(a) of title 23, United States Code.
SEC. 34206. RECALL OBLIGATIONS UNDER BANKRUPTCY.
Section 30120A is amended by striking ``chapter 11 of title
11,'' and inserting ``chapter 7 or chapter 11 of title 11''.
SEC. 34207. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.
Section 30120(f) is amended--
(1) by inserting ``(1) In general.--'' before ``A
manufacturer'' and indenting appropriately;
(2) in paragraph (1), as redesignated, by striking the
period at the end and inserting the following: ``if--
``(A) at the time of providing service for each of the
manufacturer's motor vehicles it services, the dealer
notifies the owner or the individual requesting the service
of any open recall; and
``(B) the notification requirement under subparagraph (A)
is specified in a franchise, operating, or other agreement
between the dealer and the manufacturer.''; and
(3) by adding at the end the following:
``(2) Definition of open recall.--In this subsection, the
term `open recall' means a recall for which a notification by
a manufacturer has been provided under section 30119 and that
has not been remedied under this section.''.
SEC. 34208. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE
DEFECTS.
Section 30120(b) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``60 days'' and inserting
``180 days''; and
(2) in paragraph (2), by striking ``60-day'' each place it
appears and inserting ``180-day''.
SEC. 34209. RENTAL CAR SAFETY.
(a) Short Title.--This section may be cited as the
``Raechel and Jacqueline Houck Safe Rental Car Act of 2015''.
(b) Definitions.--Section 30102(a) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;
(2) by redesignating paragraphs (1) through (9) as
paragraphs (2) through (10), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) `covered rental vehicle' means a motor vehicle that--
``(A) has a gross vehicle weight rating of 10,000 pounds or
less;
``(B) is rented without a driver for an initial term of
less than 4 months; and
``(C) is part of a motor vehicle fleet of 5 or more motor
vehicles that are used for rental purposes by a rental
company.''; and
(4) by inserting after paragraph (10), as redesignated, the
following:
``(11) `rental company' means a person who--
``(A) is engaged in the business of renting covered rental
vehicles; and
``(B) uses for rental purposes a motor vehicle fleet of 5
or more covered rental vehicles.''.
(c) Remedies for Defects and Noncompliance.--Section
30120(i) is amended--
(1) in the subsection heading, by adding ``, or Rental'' at
the end;
(2) in paragraph (1)--
(A) by striking ``(1) If notification'' and inserting the
following:
``(1) In general.--If notification'';
(B) by indenting subparagraphs (A) and (B) four ems from
the left margin;
(C) by inserting ``or the manufacturer has provided to a
rental company notification about a covered rental vehicle in
the company's possession at the time of notification'' after
``time of notification'';
(D) by striking ``the dealer may sell or lease,'' and
inserting ``the dealer or rental company may sell, lease, or
rent''; and
(E) in subparagraph (A), by striking ``sale or lease'' and
inserting ``sale, lease, or rental agreement'';
(3) by amending paragraph (2) to read as follows:
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit a dealer or rental company from
offering the vehicle or equipment for sale, lease, or
rent.''; and
(4) by adding at the end the following:
``(3) Specific rules for rental companies.--
``(A) In general.--Except as otherwise provided under this
paragraph, a rental company shall comply with the limitations
on sale, lease, or rental set forth in subparagraph (C) and
paragraph (1) as soon as practicable, but not later than 24
hours after the earliest receipt of the notice to owner under
subsection (b) or (c) of section 30118 (including the vehicle
identification number for the covered vehicle) by the rental
company, whether by electronic means or first class mail.
``(B) Special rule for large vehicle fleets.--
Notwithstanding subparagraph (A), if a rental company
receives a notice to owner covering more than 5,000 motor
vehicles in its fleet, the rental company shall comply with
the limitations on sale, lease, or rental set forth in
subparagraph (C) and paragraph (1) as soon as practicable,
but not later than 48 hours after the earliest receipt of the
notice to owner under subsection (b) or (c) of section 30118
(including the vehicle identification number for the covered
vehicle) by the rental company, whether by electronic means
or first class mail.
``(C) Special rule for when remedies not immediately
available.--If a notification required under subsection (b)
or (c) of section 30118 indicates that the remedy for the
defect or noncompliance is not immediately available and
specifies actions to temporarily alter the vehicle that
eliminate the safety risk posed by the defect or
noncompliance, the rental company, after causing the
specified actions to be performed, may rent (but may not sell
or lease) the motor vehicle. Once the remedy for the rental
vehicle becomes available to the rental company, the rental
company may not rent the vehicle until the vehicle has been
remedied, as provided in subsection (a).
``(D) Inapplicability to junk automobiles.--Notwithstanding
paragraph (1), this subsection does not prohibit a rental
company from selling a covered rental vehicle if such
vehicle--
``(i) meets the definition of a junk automobile under
section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C.
30501);
``(ii) is retitled as a junk automobile pursuant to
applicable State law; and
``(iii) is reported to the National Motor Vehicle
Information System, if required under section 204 of such Act
(49 U.S.C. 30504).''.
(d) Making Safety Devices and Elements Inoperative.--
Section 30122(b) is amended by inserting ``rental company,''
after ``dealer,'' each place such term appears.
(e) Inspections, Investigations, and Records.--Section
30166 is amended--
(1) in subsection (c)(2), by striking ``or dealer'' each
place such term appears and inserting ``dealer, or rental
company'';
(2) in subsection (e), by striking ``or dealer'' each place
such term appears and inserting ``dealer, or rental
company''; and
(3) in subsection (f), by striking ``or to owners'' and
inserting ``, rental companies, or other owners''.
(f) Research Authority.--The Secretary of Transportation
may conduct a study of--
(1) the effectiveness of the amendments made by this
section; and
(2) other activities of rental companies (as defined in
section 30102(a)(11) of title 49, United States Code) related
to their use and disposition of motor vehicles that are the
subject of a notification required under section 30118 of
title 49, United States Code.
(g) Study.--
(1) Additional requirement.--Section 32206(b)(2) of the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 785) is amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following:
``(F) evaluate the completion of safety recall remedies on
rental trucks; and''.
(2) Report.--Section 32206(c) of such Act is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Report.--Not later'' and inserting the
following:
``(c) Reports.--
``(1) Initial report.--Not later'';
(C) in paragraph (1), by striking ``subsection (b)'' and
inserting ``subparagraphs (A) through (E) and (G) of
subsection (b)(2)''; and
(D) by adding at the end the following:
``(2) Safety recall remedy report.--Not later than 1 year
after the date of the enactment of the `Raechel and
Jacqueline Houck Safe Rental Car Act of 2015', the Secretary
shall submit a report to the congressional committees set
forth in paragraph (1) that contains--
``(A) the findings of the study conducted pursuant to
subsection (b)(2)(F); and
``(B) any recommendations for legislation that the
Secretary determines to be appropriate.''.
(h) Public Comments.--The Secretary shall solicit comments
regarding the implementation of this section from members of
the public, including rental companies, consumer
organizations, automobile manufacturers, and automobile
dealers.
(i) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) may be construed to create or increase any liability,
including for loss of use, for a manufacturer as a result of
having manufactured or imported a motor vehicle subject to a
notification of defect or noncompliance under subsection (b)
or (c) of section 30118 of title 49, United States Code; or
[[Page S5799]]
(2) shall supersede or otherwise affect the contractual
obligations, if any, between such a manufacturer and a rental
company (as defined in section 30102(a) of title 49, United
States Code).
(j) Rulemaking.--The Secretary may promulgate rules, as
appropriate, to implement this section and the amendments
made by this section.
(k) Effective Date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of enactment of this Act.
SEC. 34210. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF
MOTOR VEHICLE SAFETY.
(a) Increase in Civil Penalties.--Section 30165(a) is
amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''.
(b) Effective Date.--The amendments made by subsection (a)
of this section take effect on the date that the Secretary
certifies to Congress that the National Highway Traffic
Safety Administration has issued the final rule required by
section 31203(b) of the Moving Ahead for Progress In the 21st
Century Act (Public Law 112-141; 126 Stat. 758; 49 U.S.C.
30165 note).
(c) Publication of Effective Date.--The Secretary shall
publish notice of the effective date under subsection (b) of
this section in the Federal Register.
SEC. 34211. ELECTRONIC ODOMETER DISCLOSURES.
Section 32705(g) is amended--
(1) by inserting ``(1)'' before ``Not later than'' and
indenting appropriately; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1) and subject to
paragraph (3), a State, without approval from the Secretary
under subsection (d), may allow for written disclosures or
notices and related matters to be provided electronically
if--
``(A) in compliance with--
``(i) the requirements of subchapter 1 of chapter 96 of
title 15; or
``(ii) the requirements of a State law under section
7002(a) of title 15; and
``(B) the disclosures or notices otherwise meet the
requirements under this section, including appropriate
authentication and security measures.
``(3) Paragraph (2) ceases to be effective on the date the
regulations under paragraph (1) become effective.''.
SEC. 34212. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
Section 30166(o) is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall''; and
(2) by adding at the end the following:
``(3) Deadline.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary shall issue a final
rule under paragraph (1).''.
SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS.
(a) Recall Notification Report.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue a report on the feasibility of a technical system that
would operate in each new motor vehicle to indicate when the
vehicle is subject to an open recall.
(b) Definition of Open Recall.--In this section the term
``open recall'' means a recall for which a notification by a
manufacturer has been provided under section 30119 of title
49, United States Code, and that has not been remedied under
section 30120 of that title.
SEC. 34214. UNATTENDED CHILDREN WARNING.
Section 31504(a) of the Moving Ahead for Progress in the
21st Century Act (49 U.S.C. 30111 note) is amended by
striking ``may'' and inserting ``shall''.
SEC. 34215. TIRE PRESSURE MONITORING SYSTEM.
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish a proposed
rule that updates the standards pertaining to tire pressure
monitoring systems to ensure that a tire pressure monitoring
system that is installed in a new motor vehicle after the
effective date of the revised standards cannot, to a level
other than a safe pressure level, be--
(1) overridden;
(1) reset; or
(1) recalibrated.
(b) Safe Pressure Level.--For the purposes of subsection
(a), the term ``safe pressure level'' shall mean a pressure
level consistent with the TPMS detection requirements
contained in S4.2(a) of section 571.138 of title 49, Code of
Federal Regulations, or any corresponding similar regulation
or ruling.
(c) Final Rule.--Not later than 2 years after the date of
enactment of this Act, after providing the public with
sufficient opportunity for notice and comment on the proposed
rule published under subsection (a), the Secretary shall
issue a final rule on the subject described in subsection
(a).
Subtitle C--Research and Development and Vehicle Electronics
SEC. 34301. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING
TECHNOLOGIES.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report regarding the operations of the Council for Vehicle
Electronics, Vehicle Software, and Emerging Technologies
established under section 31401 of the Moving Ahead for
Progress in the 21st Century Act (49 U.S.C. 105 note). The
report shall include information about the accomplishments of
the Council, the role of the Council in integrating and
aggregating electronic and emerging technologies expertise
across the National Highway Traffic Safety Administration,
the role of the Council in coordinating with other Federal
agencies, and the priorities of the Council over the next 5
years.
SEC. 34302. COOPERATION WITH FOREIGN GOVERNMENTS.
(a) Title 49 Amendment.--Section 30182(b) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) in coordination with Department of State, enter into
cooperative agreements and collaborative research and
development agreements with foreign governments.''.
(b) Title 23 Amendment.--Section 403 of title 23, United
States Code, is amended--
(1) in subsection (b)(2)(C), by inserting ``foreign
government (in coordination with the Department of State)''
after ``institution,''; and
(2) in subsection (c)(1)(A), by inserting ``foreign
governments,'' after ``local governments,''.
(c) Audit.--The Department of Transportation Inspector
General shall conduct an audit of the Secretary of
Transportation's management and oversight of cooperative
agreements and collaborative research and development
agreements, including any cooperative agreements between the
Secretary of Transportation and foreign governments under
section 30182(b)(6) of title 49, United States Code, and
subsections (b)(2)(C) and (c)(1)(A) of title 23, United
States Code.
Subtitle D--Miscellaneous Provisions
PART I--DRIVER PRIVACY ACT OF 2015
SEC. 34401. SHORT TITLE.
This part may be cited as the ``Driver Privacy Act of
2015''.
SEC. 34402. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT
DATA RECORDERS.
(a) Ownership of Data.--Any data retained by an event data
recorder (as defined in section 563.5 of title 49, Code of
Federal Regulations), regardless of when the motor vehicle in
which it is installed was manufactured, is the property of
the owner, or, in the case of a leased vehicle, the lessee of
the motor vehicle in which the event data recorder is
installed.
(b) Privacy.--Data recorded or transmitted by an event data
recorder described in subsection (a) may not be accessed by a
person other than an owner or a lessee of the motor vehicle
in which the event data recorder is installed unless--
(1) a court or other judicial or administrative authority
having jurisdiction--
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the data is
subject to the standards for admission into evidence required
by that court or other administrative authority;
(2) an owner or a lessee of the motor vehicle provides
written, electronic, or recorded audio consent to the
retrieval of the data for any purpose, including the purpose
of diagnosing, servicing, or repairing the motor vehicle, or
by agreeing to a subscription that describes how data will be
retrieved and used;
(3) the data is retrieved pursuant to an investigation or
inspection authorized under section 1131(a) or 30166 of title
49, United States Code, and the personally identifiable
information of an owner or a lessee of the vehicle and the
vehicle identification number is not disclosed in connection
with the retrieved data, except that the vehicle
identification number may be disclosed to the certifying
manufacturer;
(4) the data is retrieved for the purpose of determining
the need for, or facilitating, emergency medical response in
response to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and
the personally identifiable information of an owner or a
lessee of the vehicle and the vehicle identification number
is not disclosed in connection with the retrieved data.
SEC. 34403. VEHICLE EVENT DATA RECORDER STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall submit to
Congress a report that contains the results of a study
conducted by the Administrator to determine the amount of
time event data recorders installed in passenger motor
vehicles should capture and record for retrieval vehicle-
related data in conjunction with an event in order to provide
sufficient information to investigate the cause of motor
vehicle crashes.
(b) Rulemaking.--Not later than 2 years after submitting
the report required under
[[Page S5800]]
subsection (a), the Administrator of the National Highway
Traffic Safety Administration shall promulgate regulations to
establish the appropriate period during which event data
recorders installed in passenger motor vehicles may capture
and record for retrieval vehicle-related data to the time
necessary to provide accident investigators with vehicle-
related information pertinent to crashes involving such motor
vehicles.
PART II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
SEC. 34421. SHORT TITLE.
This part may be cited as the ``Safety Through Informed
Consumers Act of 2015''.
SEC. 34422. PASSENGER MOTOR VEHICLE INFORMATION.
Section 32302 is amended by inserting after subsection (b)
the following:
``(c) Crash Avoidance.--Not later than 1 year after the
date of enactment of the Safety Through Informed Consumers
Act of 2015, the Secretary shall promulgate a rule to ensure
that crash avoidance information is indicated next to
crashworthiness information on stickers placed on motor
vehicles by their manufacturers.''.
PART III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
SEC. 34431. SHORT TITLE.
This part may be cited as the ``Tire Efficiency, Safety,
and Registration Act of 2015'' or the ``TESR Act''.
SEC. 34432. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE
STANDARDS.
Section 32304A is amended--
(1) in the section heading, by inserting ``and standards''
after ``consumer tire information'';
(2) in subsection (a)--
(A) in the heading, by striking ``Rulemaking'' and
inserting ``Consumer Tire Information''; and
(B) in paragraph (1), by inserting ``(referred to in this
section as the `Secretary')'' after ``Secretary of
Transportation'';
(3) by redesignating subsections (b) through (e) as
subsections (e) though (h), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Promulgation of Regulations for Tire Fuel Efficiency
Minimum Performance Standards.--
``(1) In general.--The Secretary, after consultation with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall promulgate regulations
for tire fuel efficiency minimum performance standards for--
``(A) passenger car tires with a maximum speed capability
equal to or less than 149 miles per hour or 240 kilometers
per hour; and
``(B) passenger car tires with a maximum speed capability
greater than 149 miles per hour or 240 kilometers per hour.
``(2) Tire fuel efficiency minimum performance standards.--
``(A) Standard basis and test procedures.--The minimum
performance standards promulgated under paragraph (1) shall
be expressed in terms of the rolling resistance coefficient
measured using the test procedure specified in section
575.106 of title 49, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
``(B) No disparate effect on high performance tires.--The
Secretary shall ensure that the minimum performance standards
promulgated under paragraph (1) will not have a
disproportionate effect on passenger car high performance
tires with a maximum speed capability greater than 149 miles
per hour or 240 kilometers per hour.
``(C) Applicability.--
``(i) In general.--This subsection applies to new pneumatic
tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not apply to light
truck tires, deep tread tires, winter-type snow tires, space-
saver or temporary use spare tires, or tires with nominal rim
diameters of 12 inches or less.
``(c) Promulgation of Regulations for Tire Wet Traction
Minimum Performance Standards.--
``(1) In general.--The Secretary shall promulgate
regulations for tire wet traction minimum performance
standards to ensure that passenger tire wet traction
capability is not reduced to achieve improved tire fuel
efficiency.
``(2) Tire wet traction minimum performance standards.--
``(A) Basis of standard.--The minimum performance standards
promulgated under paragraph (1) shall be expressed in terms
of peak coefficient of friction.
``(B) Test procedures.--Any test procedure promulgated
under this subsection shall be consistent with any test
procedure promulgated under subsection (a).
``(C) Benchmarking.--The Secretary shall conduct testing to
benchmark the wet traction performance of tire models
available for sale in the United States as of the date of
enactment of this Act to ensure that the minimum performance
standards promulgated under paragraph (1) are tailored to--
``(i) tires sold in the United States; and
``(ii) the needs of consumers in the United States.
``(D) Applicability.--
``(i) In general.--This subsection applies to new pneumatic
tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not apply to light
truck tires, deep tread tires, winter-type snow tires, space-
saver or temporary use spare tires, or tires with nominal rim
diameters of 12 inches or less.
``(d) Coordination Among Regulations.--
``(1) Compatibility.--The Secretary shall ensure that the
test procedures and requirements promulgated under
subsections (a), (b), and (c) are compatible and consistent.
``(2) Combined effect of rules.--The Secretary shall
evaluate the regulations promulgated under subsections (b)
and (c) to ensure that compliance with the minimum
performance standards promulgated under subsection (b) will
not diminish wet traction performance of affected tires.
``(3) Rulemaking deadlines.--The Secretary shall promulgate
--
``(A) the regulations under subsections (b) and (c) not
later than 24 months after the date of enactment of this Act;
and
``(B) the regulations under subsection (c) not later than
the date of promulgation of the regulations under subsection
(b).''.
SEC. 34433. TIRE REGISTRATION BY INDEPENDENT SELLERS.
Section 30117(b) is amended by striking paragraph (3) and
inserting the following:
``(3) Rulemaking.--
``(A) In general.--The Secretary shall initiate a
rulemaking to require a distributor or dealer of tires that
is not owned or controlled by a manufacturer of tires to
maintain records of--
``(i) the name and address of tire purchasers and lessors
and information identifying the tire that was purchased or
leased; and
``(ii) any additional records the Secretary considers
appropriate.
``(B) Electronic transmission.--The rulemaking carried out
under subparagraph (A) shall require a distributor or dealer
of tires that is not owned or controlled by a manufacturer of
tires to electronically transmit the records described in
clauses (i) and (ii) of subparagraph (A) to the manufacturer
of the tires or the designee of the manufacturer by secure
means at no cost to tire purchasers or lessors.
``(C) Satisfaction of requirements.--A regulation
promulgated under subparagraph (A) may be considered to
satisfy the requirements of paragraph (2)(B).''.
SEC. 34434. TIRE RECALL DATABASE.
(a) In General.--The Secretary shall establish a publicly
available and searchable electronic database of tire recall
information that is reported to the Administrator of the
National Highway Traffic Safety Administration.
(b) Tire Identification Number.--The database established
under subsection (a) shall be searchable by Tire
Identification Number (TIN) and any other criteria that
assists consumers in determining whether a tire is subject to
a recall.
TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY
SEC. 35001. SHORT TITLE.
This title may be cited as the ``Railroad Reform,
Enhancement, and Efficiency Act''.
SEC. 35002. PASSENGER TRANSPORTATION; DEFINITIONS.
Section 24102 is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively;
(2) by inserting after paragraph (4), the following:
``(5) `long-distance route' means a route described in
paragraph (6)(C).'';
(3) by amending paragraph (6)(A), as redesignated, to read
as follows:
``(A) the Northeast Corridor main line between Boston,
Massachusetts and the Virginia Avenue interlocking in the
District of Columbia, and the facilities and services used to
operate and maintain that line;'';
(4) in paragraph (7), as redesignated, by striking the
period at the end and inserting ``, except that the term
`Northeast Corridor' for the purposes of chapter 243 means
the main line between Boston, Massachusetts and the Virginia
Avenue interlocking in the District of Columbia, and the
facilities and services used to operate and maintain that
line.''; and
(5) by adding at the end the following:
``(11) `state-of-good-repair' means a condition in which
physical assets, both individually and as a system, are--
``(A) performing at a level at least equal to that called
for in their as-built or as-modified design specification
during any period when the life cycle cost of maintaining the
assets is lower than the cost of replacing them; and
``(B) sustained through regular maintenance and replacement
programs.
``(12) `State-supported route' means a route described in
paragraph (6)(B) or paragraph (6)(D), or in section
24702(a).''.
Subtitle A--Authorization of Appropriations
SEC. 35101. AUTHORIZATION OF GRANTS TO AMTRAK.
(a) In General.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for deposit into the
accounts established under section 24319(a) of title 49,
United States Code, the following amounts:
(1) For fiscal year 2016, $1,450,000,000.
(2) For fiscal year 2017, $1,550,000,000.
(3) For fiscal year 2018, $1,700,000,000.
(4) For fiscal year 2019, $1,900,000,000.
(b) Project Management Oversight.--The Secretary may
withhold up to one half of 1 percent of the amount
appropriated under subsection (a) for the costs of management
oversight of Amtrak.
(c) Competition.--In administering grants to Amtrak under
section 24318 of title 49,
[[Page S5801]]
United States Code, the Secretary may withhold, from amounts
that would otherwise be made available to Amtrak, such sums
as are necessary from the amount appropriated under
subsection (a) of this section to cover the operating subsidy
described in section 24711(b)(1)(E)(ii) of title 49, United
States Code.
(d) State-Supported Route Committee.--The Secretary may
withhold up to $2,000,000 from the amount appropriated in
each fiscal year under subsection (a) of this section for the
use of the State-Supported Route Committee established under
section 24712 of title 49, United States Code.
(e) Northeast Corridor Commission.--The Secretary may
withhold up to $5,000,000 from the amount appropriated in
each fiscal year under subsection (a) of this section for the
use of the Northeast Corridor Commission established under
section 24905 of title 49, United States Code.
SEC. 35102. NATIONAL INFRASTRUCTURE AND SAFETY INVESTMENTS.
(a) In General.--There are authorized to be appropriated to
the Secretary for grants under chapter 244 of title 49,
United States Code, the following amounts:
(1) For fiscal year 2016, $350,000,000.
(2) For fiscal year 2017, $430,000,000.
(3) For fiscal year 2018, $600,000,000.
(4) For fiscal year 2019, $900,000,000.
(b) Project Management Oversight.--The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project
management oversight of grants carried out under chapter 244
of title 49, United States Code.
SEC. 35103. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
TRANSPORTATION SAFETY BOARD RAIL
INVESTIGATIONS.
(a) In General.--Notwithstanding any other provision of
law, there are authorized to be appropriated to the National
Transportation Safety Board to carry out railroad accident
investigations under section 1131(a)(1)(C) of title 49,
United States Code, the following amounts:
(1) For fiscal year 2016, $6,300,000.
(2) For fiscal year 2017, $6,400,000.
(3) For fiscal year 2018, $6,500,000.
(4) For fiscal year 2019, $6,600,000.
(b) Investigation Personnel.--Amounts appropriated under
subsection (a) of this section shall be available to the
National Transportation Safety Board for personnel, in
regional offices and in Washington, DC, whose duties involve
railroad accident investigations.
SEC. 35104. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE
OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2016, $20,000,000.
(2) For fiscal year 2017, $20,500,000.
(3) For fiscal year 2018, $21,000,000.
(4) For fiscal year 2019, $21,500,000.
SEC. 35105. NATIONAL COOPERATIVE RAIL RESEARCH PROGRAM.
(a) In General.--Section 24910 is amended--
(1) in subsection (b)--
(A) in paragraph (12), by striking ``and'';
(B) in paragraph (13), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(14) to improve the overall safety of intercity passenger
and freight rail operations.''; and
(2) by amending subsection (e) to read as follows:
``(e) Allocation.--At least $5,000,000 of the amounts
appropriated to the Secretary for a fiscal year to carry out
railroad research and development programs shall be available
to carry out this section.''.
Subtitle B--Amtrak Reform
SEC. 35201. AMTRAK GRANT PROCESS.
(a) Requirements and Procedures.--Chapter 243 is amended by
adding at the end the following:
``Sec. 24317. Costs and revenues
``(a) Allocation.--Not later than 180 days after the date
of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, Amtrak shall establish and maintain internal
controls to ensure Amtrak's costs, revenues, and other
compensation are appropriately and proportionally allocated
to its Northeast Corridor train services or infrastructure,
its State-supported routes, its long-distance routes, and its
other national network activities.
``(b) Rule of Construction.--Nothing in this section shall
be construed to limit the ability of Amtrak to enter into an
agreement with 1 or more States to allocate operating and
capital costs under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
``Sec. 24318. Grant process
``(a) Procedures for Grant Requests.--Not later than 90
days after the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act, the Secretary of
Transportation shall establish and transmit to the Committee
on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives substantive
and procedural requirements, including schedules, for grant
requests under this section.
``(b) Grant Requests.--Amtrak shall transmit grant requests
for Federal funds appropriated to the Secretary of
Transportation for the use of Amtrak to--
``(1) the Secretary; and
``(2) the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on the Budget of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on the Budget of the House
of Representatives.
``(c) Contents.--A grant request under subsection (b)
shall--
``(1) describe projected operating and capital costs for
the upcoming fiscal year for Northeast Corridor train
services and infrastructure, Amtrak's State-supported routes,
and Amtrak's long-distance routes, and Amtrak's other
national network activities, as applicable, in comparison to
prior fiscal year actual financial performance;
``(2) describe the capital projects to be funded, with cost
estimates and an estimated timetable for completion of the
projects covered by the request;
``(3) assess Amtrak's financial condition;
``(4) be displayed on Amtrak's Web site within a reasonable
timeframe following its transmission under subsection (b);
and
``(5) describe how the funding requested in a grant will be
allocated to the accounts established under section 24319(a),
considering the projected operating losses or capital costs
for services and activities associated with such accounts
over the time period intended to be covered by the grants.
``(d) Review and Approval.--
``(1) Thirty-day approval process.--
``(A) In general.--Not later than 30 days after the date
that Amtrak submits a grant request under this section, the
Secretary of Transportation shall complete a review of the
request and provide notice to Amtrak that--
``(i) the request is approved; or
``(ii) the request is disapproved, including the reason for
the disapproval and an explanation of any incomplete or
deficient items.
``(B) Grant agreement.--If a grant request is approved, the
Secretary shall enter into a grant agreement with Amtrak that
allocates the grant funding to 1 of the 4 accounts
established under section 24319(a).
``(2) Fifteen-day modification period.--Not later than 15
days after the date of the notice under paragraph (1)(A)(ii),
Amtrak shall submit a modified request for the Secretary's
review.
``(3) Modified requests.--Not later than 15 days after the
date that Amtrak submits a modified request under paragraph
(2), the Secretary shall either approve the modified request,
or, if the Secretary finds that the request is still
incomplete or deficient, the Secretary shall identify in
writing to the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on the Budget of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on the Budget of the House
of Representatives the remaining deficiencies and recommend a
process for resolving the outstanding portions of the
request.
``(e) Payments to Amtrak.--
``(1) In general.--A grant agreement entered into under
subsection (d) shall specify the operations, services, and
other activities to be funded by the grant. The grant
agreement shall include provisions, consistent with the
requirements of this chapter, to measure Amtrak's performance
and ensure accountability in delivering the operations,
services, or activities to be funded by the grant.
``(2) Schedule.--Except as provided in paragraph (3), in
each fiscal year for which amounts are appropriated to the
Secretary for the use of Amtrak, and for which the Secretary
and Amtrak have entered into a grant agreement under
subsection (d), the Secretary shall disburse grant funds to
Amtrak on the following schedule:
``(A) 50 percent on October 1.
``(B) 25 percent on January 1.
``(C) 25 percent on April 1.
``(3) Exceptions.--The Secretary may make a payment to
Amtrak of appropriated funds--
``(A) more frequently than the schedule under paragraph (2)
if Amtrak, for good cause, requests more frequent payment
before the end of a payment period; or
``(B) with a different frequency or in different percentage
allocations in the event of a continuing resolution or in the
absence of an appropriations Act for the duration of a fiscal
year.
``(f) Availability of Amounts and Early Appropriations.--
Amounts appropriated to the Secretary for the use of Amtrak
shall remain available until expended. Amounts for capital
acquisitions and improvements may be appropriated for a
fiscal year before the fiscal year in which the amounts will
be obligated.
``(g) Limitations on Use.--Amounts appropriated to the
Secretary for the use of Amtrak may not be used to cross-
subsidize operating losses or capital costs of commuter rail
passenger or freight rail transportation.
``Sec. 24319. Accounts
``(a) Establishment of Accounts.--Beginning not later than
October 1, 2016, Amtrak, in consultation with the Secretary
of Transportation, shall define and establish--
``(1) a Northeast Corridor investment account, including
subaccounts for Amtrak train services and infrastructure;
``(2) a State-supported account;
[[Page S5802]]
``(3) a long-distance account; and
``(4) an other national network activities account.
``(b) Northeast Corridor Investment Account.--
``(1) Deposits.--Amtrak shall deposit in the Northeast
Corridor investment account established under subsection
(a)(1)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from commuter rail
passenger transportation providers for such providers' share
of capital costs on the Northeast Corridor provided to Amtrak
under section 24905(c);
``(C) any operating surplus of the Northeast Corridor train
services or infrastructure, as allocated under section 24317;
and
``(D) any other net revenue received in association with
the Northeast Corridor, including freight access fees,
electric propulsion, and commercial development.
``(2) Use of northeast corridor investment account.--Except
as provided in subsection (f), amounts deposited in the
Northeast Corridor investment account shall be made available
for the use of Amtrak for its share of--
``(A) capital projects described in section
24904(a)(2)(E)(i), and developed under the planning process
established under that section, to bring Northeast Corridor
infrastructure to a state-of-good-repair;
``(B) capital projects described in clauses (ii) and (iv)
of section 24904(a)(2)(E) that are developed under the
planning process established under that section intended to
increase corridor capacity, improve service reliability, and
reduce travel time on the Northeast Corridor;
``(C) capital projects to improve safety and security;
``(D) capital projects to improve customer service and
amenities;
``(E) acquiring, rehabilitating, manufacturing,
remanufacturing, overhauling, or improving equipment and
associated facilities used for intercity rail passenger
transportation by Northeast Corridor train services;
``(F) retirement of principal and payment of interest on
loans for capital projects described in this paragraph or for
capital leases for equipment and related to the Northeast
Corridor;
``(G) participation in public-private partnerships, joint
ventures, and other mechanisms or arrangements that result in
the completion of capital projects described in this
paragraph; and
``(H) indirect, common, corporate, or other costs directly
incurred by or allocated to the Northeast Corridor.
``(c) State-Supported Account.--
``(1) Deposits.--Amtrak shall deposit in the State-
supported account established under subsection (a)(2)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from States provided to
Amtrak under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (42 U.S.C. 24101 note); and
``(C) any operating surplus from its State-supported
routes, as allocated under section 24317.
``(2) Use of state-supported account.--Except as provided
in subsection (f), amounts deposited in the State-supported
account shall be made available for the use of Amtrak for
capital expenses and operating costs, including indirect,
common, corporate, or other costs directly incurred by or
allocated to State-supported routes, of its State-supported
routes and retirement of principal and payment of interest on
loans or capital leases attributable to its State-supported
routes.
``(d) Long-Distance Account.--
``(1) Deposits.--Amtrak shall deposit in the long-distance
account established under subsection (a)(3)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from States provided to
Amtrak for costs associated with its long-distance routes;
and
``(C) any operating surplus from its long-distance routes,
as allocated under section 24317.
``(2) Use of long-distance account.--Except as provided in
subsection (f), amounts deposited in the long-distance
account shall be made available for the use of Amtrak for
capital expenses and operating costs, including indirect,
common, corporate, or other costs directly incurred by or
allocated to long-distance routes, of its long-distance
routes and retirement of principal and payment of interest on
loans or capital leases attributable to the long-distance
routes.
``(e) Other National Network Activities Account.--
``(1) Deposits.--Amtrak shall deposit in the other national
network activities account established under subsection
(a)(4)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from States provided to
Amtrak for costs associated with its other national network
activities; and
``(C) any operating surplus from its other national network
activities.
``(2) Use of other national network activities account.--
Except as provided in subsection (f), amounts deposited into
the other national network activities account shall be made
available for the use of Amtrak for capital and operating
costs not allocated to the Northeast Corridor investment
account, State-supported account, or long-distance account,
and retirement of principal and payment of interest on loans
or capital leases attributable to other national network
activities.
``(f) Transfer Authority.--
``(1) Authority.--Amtrak may transfer any funds
appropriated under the authorization in section 35101(a) of
the Railroad Reform, Enhancement, and Efficiency Act, or any
subsequent Act appropriating funds for the use of Amtrak for
deposit into the accounts described in that section, or any
surplus generated by operations, between the Northeast
Corridor, State-supported, long-distance, and other national
network activities accounts--
``(A) upon the expiration of 10 days after the date that
Amtrak notifies the Amtrak Board of Directors, including the
Secretary, of the planned transfer; and
``(B) with the approval of the Secretary.
``(2) Report.--Not later than 5 days after the date that
Amtrak notifies the Amtrak Board of Directors of a planned
transfer under paragraph (1), Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes--
``(A) the amount of the transfer; and
``(B) a detailed explanation of the reason for the
transfer, including--
``(i) the effects on Amtrak services funded by the account
from which the transfer is drawn, in comparison to a scenario
in which no transfer was made; and
``(ii) the effects on Amtrak services funded by the account
receiving the transfer, in comparison to a scenario in which
no transfer was made.
``(3) Notifications.--
``(A) State-supported account.--Not later than 5 days after
the date that Amtrak notifies the Amtrak Board of Directors
of a planned transfer under paragraph (1) of funds to or from
the State-supported account, Amtrak shall transmit to each
State that sponsors a State-supported route a letter that
includes the information described under subparagraphs (A)
and (B) of paragraph (2).
``(B) Northeast corridor account.--Not later than 5 days
after the date that Amtrak notifies the Amtrak Board of
Directors of a planned transfer under paragraph (1) of funds
to or from the Northeast Corridor account, Amtrak shall
transmit to the Northeast Corridor Commission a letter that
includes the information described under subparagraphs (A)
and (B) of paragraph (2).
``(g) Enforcement.--The Secretary shall enforce the
provisions of each grant agreement under section 24318(d),
including any deposit into an account under this section.
``(h) Letters of Intent.--
``(1) Requirement.--The Secretary may issue a letter of
intent to Amtrak announcing an intention to obligate, for a
major capital project described in clauses (ii) and (iv) of
section 24904(a)(2)(E), an amount from future available
budget authority specified in law that is not more than the
amount stipulated as the financial participation of the
Secretary in the project.
``(2) Notice to congress.--At least 30 days before issuing
a letter under paragraph (1), the Secretary shall notify in
writing the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives of the proposed letter. The Secretary shall
include with the notice a copy of the proposed letter, the
criteria used for selecting the project for a grant award,
and a description of how the project meets the criteria under
this section.
``(3) Contingent nature of obligation or commitment.--An
obligation or administrative commitment may be made only when
amounts are appropriated. The letter of intent shall state
that the contingent commitment is not an obligation of the
Federal Government, and is subject to the availability of
appropriations under Federal law and to Federal laws in force
or enacted after the date of the contingent commitment.''.
(b) Conforming Amendments.--The table of contents for
chapter 243 is amended by adding at the end the following:
``24317. Costs and revenues.
``24318. Grant process.
``24319. Accounts.''.
(c) Repeals.--
(1) Establishment of grant process.--Section 206 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) and the item relating to that section in
the table of contents of that Act are repealed.
[[Page S5803]]
(2) Authorization of appropriations.--Section 24104 and the
item relating to that section in the table of contents of
chapter 241 are repealed.
SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS PLANS.
(a) Amtrak 5-Year Business Line and Asset Plans.--Chapter
243, as amended by section 35201 of this Act, is further
amended by inserting after section 24319 the following:
``Sec. 24320. Amtrak 5-year business line and asset plans
``(a) In General.--
``(1) Final plans.--Not later than February 15 of each
year, Amtrak shall submit to Congress and the Secretary final
5-year business line plans and 5-year asset plans prepared in
accordance with this section. These final plans shall form
the basis for Amtrak's general and legislative annual report
to the President and Congress required by section 24315(b).
``(2) Fiscal constraint.--Each plan prepared under this
section shall be based on funding levels authorized or
otherwise available to Amtrak in a fiscal year. In the
absence of an authorization or appropriation of funds for a
fiscal year, the plans shall be based on the amount of
funding available in the previous fiscal year, plus
inflation. Amtrak may include an appendix to the asset plan
required in subsection (c) that describes any capital funding
requirements in excess of amounts authorized or otherwise
available to Amtrak in a fiscal year for capital investment.
``(b) Amtrak 5-Year Business Line Plans.--
``(1) Amtrak business lines.--Amtrak shall prepare a 5-year
business line plan for each of the following business lines
and services:
``(A) Northeast Corridor train services.
``(B) State-supported routes operated by Amtrak.
``(C) Long-distance routes operated by Amtrak.
``(D) Ancillary services operated by Amtrak, including
commuter operations and other revenue generating activities
as determined by the Secretary in consultation with Amtrak.
``(2) Contents of 5-year business line plans.--The 5-year
business line plan for each business line shall include, at a
minimum--
``(A) a statement of Amtrak's vision, goals, and service
plan for the business line, coordinated with any entities
that are contributing capital or operating funding to support
passenger rail services within those business lines, and
aligned with Amtrak's Strategic Plan and 5-year asset plans
under subsection (c);
``(B) all projected revenues and expenditures for the
business line, including identification of revenues and
expenditures incurred by--
``(i) passenger operations;
``(ii) non-passenger operations that are directly related
to the business line; and
``(iii) governmental funding sources, including revenues
and other funding received from States;
``(C) projected ridership levels for all passenger
operations;
``(D) estimates of long-term and short-term debt and
associated principal and interest payments (both current and
forecasts);
``(E) annual profit and loss statements and forecasts and
balance sheets;
``(F) annual cash flow forecasts;
``(G) a statement describing the methodologies and
significant assumptions underlying estimates and forecasts;
``(H) specific performance measures that demonstrate year
over year changes in the results of Amtrak's operations;
``(I) financial performance for each route within each
business line, including descriptions of the cash operating
loss or contribution and labor productivity for each route;
``(J) specific costs and savings estimates resulting from
reform initiatives;
``(K) prior fiscal year and projected equipment reliability
statistics; and
``(L) an identification and explanation of any major
adjustments made from previously-approved plans.
``(3) 5-year business line plans process.--In meeting the
requirements of this section, Amtrak shall--
``(A) coordinate the development of the business line plans
with the Secretary;
``(B) for the Northeast Corridor business line plan,
coordinate with the Northeast Corridor Commission and
transmit to the Commission the final plan under subsection
(a)(1), and consult with other entities, as appropriate;
``(C) for the State-supported route business line plan,
coordinate with the State-Supported Route Committee
established under section 24712;
``(D) for the long-distance route business line plan,
coordinate with any States or Interstate Compacts that
provide funding for such routes, as appropriate;
``(E) ensure that Amtrak's annual budget request to
Congress is consistent with the information in the 5-year
business line plans; and
``(F) identify the appropriate Amtrak officials that are
responsible for each business line.
``(4) Standards to promote financial stability.--In meeting
the requirements under this subsection, Amtrak shall use the
categories specified in the financial accounting and
reporting system developed under section 203 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) when preparing its 5-year business line plans.
``(c) Amtrak 5-Year Asset Plans.--
``(1) Asset categories.--Amtrak shall prepare a 5-year
asset plan for each of the following asset categories:
``(A) Infrastructure, including all Amtrak-controlled
Northeast Corridor assets and other Amtrak-owned
infrastructure, and the associated facilities that support
the operation, maintenance, and improvement of those assets.
``(B) Passenger rail equipment, including all Amtrak-
controlled rolling stock, locomotives, and mechanical shop
facilities that are used to overhaul equipment.
``(C) Stations, including all Amtrak-controlled passenger
rail stations and elements of other stations for which Amtrak
has legal responsibility or intends to make capital
investments.
``(D) National assets, including national reservations,
security, training and training centers, and other assets
associated with Amtrak's national passenger rail
transportation system.
``(2) Contents of 5-year asset plans.--Each asset plan
shall include, at a minimum--
``(A) a summary of Amtrak's 5-year strategic plan for each
asset category, including goals, objectives, any relevant
performance metrics, and statutory or regulatory actions
affecting the assets;
``(B) an inventory of existing Amtrak capital assets, to
the extent practicable, including information regarding
shared use or ownership, if applicable;
``(C) a prioritized list of proposed capital investments
that--
``(i) categorizes each capital project as being primarily
associated with--
``(I) normalized capital replacement;
``(II) backlog capital replacement;
``(III) improvements to support service enhancements or
growth;
``(IV) strategic initiatives that will improve overall
operational performance, lower costs, or otherwise improve
Amtrak's corporate efficiency; or
``(V) statutory, regulatory, or other legal mandates;
``(ii) identifies each project or program that is
associated with more than 1 category described in clause (i);
and
``(iii) describes the anticipated business outcome of each
project or program identified under this subparagraph,
including an assessment of--
``(I) the potential effect on passenger operations, safety,
reliability, and resilience;
``(II) the potential effect on Amtrak's ability to meet
regulatory requirements if the project or program is not
funded; and
``(III) the benefits and costs; and
``(D) annual profit and loss statements and forecasts and
balance sheets for each asset category.
``(3) 5-year asset plan process.--In meeting the
requirements of this subsection, Amtrak shall--
``(A) coordinate with each business line described in
subsection (b)(1) in the preparation of each 5-year asset
plan and ensure integration of each 5-year asset plan with
the 5-year business line plans;
``(B) as applicable, coordinate with the Northeast Corridor
Commission, the State-Supported Route Committee, and owners
of assets affected by 5-year asset plans; and
``(C) identify the appropriate Amtrak officials that are
responsible for each asset category.
``(4) Evaluation of national assets costs.--The Secretary
shall--
``(A) evaluate the costs and scope of all national assets;
and
``(B) determine the activities and costs that are--
``(i) required in order to ensure the efficient operations
of a national passenger rail system;
``(ii) appropriate for allocation to 1 of the other Amtrak
business lines; and
``(iii) extraneous to providing an efficient national
passenger rail system or are too costly relative to the
benefits or performance outcomes they provide.
``(5) Definition of national assets.--In this section, the
term `national assets' means the Nation's core rail assets
shared among Amtrak services, including national
reservations, security, training and training centers, and
other assets associated with Amtrak's national passenger rail
transportation system.
``(6) Restructuring of national assets.--Not later than 1
year after the date of completion of the evaluation under
paragraph (4), the Administrator of the Federal Railroad
Administration, in consultation with the Amtrak Board of
Directors, the governors of each relevant State, and the
Mayor of the District of Columbia, or their designees, shall
restructure or reallocate, or both, the national assets costs
in accordance with the determination under that section,
including making appropriate updates to Amtrak's cost
accounting methodology and system.''.
(b) Effective Date.--The requirements for Amtrak to submit
final 5-year business line plans and 5-year asset plans under
section 24320 of title 49, United States Code, shall take
effect 1 year after the date of enactment of this Act.
(c) Conforming Amendments.--The table of contents for
chapter 243, as amended by section 35201 of this Act, is
further amended by adding at the end the following:
``24320. Amtrak 5-year business line and asset plans.''.
[[Page S5804]]
(d) Repeal of 5-Year Financial Plan.--Section 204 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note), and the item relating to that section in
the table of contents of that Act, are repealed.
(e) Identification of Duplicative Reporting Requirements.--
Not later than 1 year after the date of enactment of this
Act, the Secretary shall--
(1) review existing Amtrak reporting requirements and
identify where the existing requirements are duplicative with
the business line and capital plans required by section 24320
of title 49, United States Code;
(2) if the duplicative reporting requirements are
administrative, the Secretary shall eliminate the duplicative
requirements; and
(3) submit to Congress a report with any recommendations
for repealing any other duplicative Amtrak reporting
requirements.
SEC. 35203. STATE-SUPPORTED ROUTE COMMITTEE.
(a) Amendment.--Chapter 247 is amended by adding at the end
the following:
``Sec. 24712. State-supported routes operated by Amtrak
``(a) State-Supported Route Committee.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, the Secretary of Transportation shall
establish the State-Supported Route Committee (referred to in
this section as the `Committee') to promote mutual
cooperation and planning pertaining to the rail operations of
Amtrak and related activities of trains operated by Amtrak on
State-supported routes and to further implement section 209
of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department of
Transportation, including the Federal Railroad
Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite and
accept other non-voting members to participate in Committee
activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--
``(A) there are 3 separate voting blocs to represent the
Committee's voting members, including--
``(i) 1 voting bloc to represent the members described in
paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the members described in
paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the members described in
paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the vote of the voting bloc representing the members
described in paragraph (2)(A)(iii) requires the support of at
least two-thirds of that voting bloc's members; and
``(D) the Committee makes decisions by unanimous consent of
the 3 voting blocs.
``(4) Meetings; rules and procedures.--The Committee shall
convene a meeting and shall define and implement the rules
and procedures governing the Committee's proceedings not
later than 180 days after the date of establishment of the
Committee by the Secretary. The rules and procedures shall--
``(A) incorporate and further describe the decisionmaking
procedures to be used in accordance with paragraph (3); and
``(B) be adopted in accordance with such decisionmaking
procedures.
``(5) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(6) Cost allocation methodology.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost allocation methodology required
and previously approved under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
``(B) Procedures for changing methodology.--The rules and
procedures implemented under paragraph (4) shall include
procedures for changing the cost allocation methodology.
``(C) Requirements.--The cost allocation methodology
shall--
``(i) ensure equal treatment in the provision of like
services of all States and groups of States; and
``(ii) allocate to each route the costs incurred only for
the benefit of that route and a proportionate share, based
upon factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 route.
``(b) Invoices and Reports.--Not later than February 15,
2016, and monthly thereafter, Amtrak shall provide to each
State that sponsors a State-supported route a monthly invoice
of the cost of operating such route, including fixed costs
and third-party costs. The Committee shall determine the
frequency and contents of the financial and performance
reports that Amtrak shall provide to the States, as well as
the planning and demand reports that the States shall provide
to Amtrak.
``(c) Dispute Resolution.--
``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(4), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
allocation methodology developed under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) or amended under subsection (a)(6) of this
section, either Amtrak or the State may request that the
Surface Transportation Board conduct dispute resolution under
this subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought
before it under this subsection, which may include provision
of professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding
on the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount not in dispute.
``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds,
the Secretary shall--
``(A) provide financial assistance to Amtrak or 1 or more
States to perform requested independent technical analysis of
issues before the Committee; and
``(B) reimburse Members for travel expenses, including per
diem in lieu of subsistence, in accordance with section 5703
of title 5.
``(e) Performance Metrics.--In negotiating a contract for
operation of a State-supported route, Amtrak and the State or
States that sponsor the route shall consider including
provisions that provide penalties and incentives for
performance.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop a statement
of goals, objectives, and associated recommendations
concerning the future of State-supported routes operated by
Amtrak. The statement shall identify the roles and
responsibilities of Committee members and any other relevant
entities, such as host railroads, in meeting the identified
goals and objectives, or carrying out the recommendations.
The Committee may consult with such relevant entities, as the
Committee considers appropriate, when developing the
statement.
``(2) Transmission of statement of goals and objectives.--
Not later than 2 years after the date of enactment of the
Railroad Reform, Enhancement, and Efficiency Act the
Committee shall transmit the statement developed under
paragraph (1) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(g) Rule of Construction.--The decisions of the
Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and
``(2) shall not pertain to the rail operations or related
activities of services operated by other rail passenger
carriers on State-supported routes.
``(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``(i) Definition of State.--In this section, the term
`State' means any of the 50 States, the District of Columbia,
or a public entity that sponsor the operation of trains by
Amtrak on a State-supported route.''.
(b) Technical and Conforming Amendments.--The table of
contents for chapter 247 is amended by adding at the end the
following:
``24712. State-supported routes operated by Amtrak.''.
SEC. 35204. ROUTE AND SERVICE PLANNING DECISIONS.
Section 208 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended to
read as follows:
``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE
PLANNING DECISIONS.
``(a) Methodology Development.--Not later than 180 days
after the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act, as a condition of receiving
a grant under section 101 of that Act, Amtrak shall obtain
the services of an independent entity to develop and
recommend objective methodologies for Amtrak to use in
determining what intercity rail passenger transportation
routes and services it should provide, including the
establishment of new routes, the elimination of existing
routes, and the contraction or expansion of services or
frequencies over such routes.
``(b) Considerations.--Amtrak shall require the independent
entity, in developing the methodologies described in
subsection (a), to consider--
``(1) the current and expected performance and service
quality of intercity rail passenger transportation
operations, including cost recovery, on-time performance,
ridership, on-board services, stations, facilities,
equipment, and other services;
``(2) the connectivity of a route with other routes;
``(3) the transportation needs of communities and
populations that are not well
[[Page S5805]]
served by intercity rail passenger transportation service or
by other forms of intercity transportation;
``(4) the methodologies of Amtrak and major intercity rail
passenger transportation service providers in other countries
for determining intercity passenger rail routes and services;
``(5) the financial and operational effects on the overall
network, including the effects on indirect costs;
``(6) the views of States and the recommendations described
in State rail plans, rail carriers that own infrastructure
over which Amtrak operates, Interstate Compacts established
by Congress and States, Amtrak employee representatives,
stakeholder organizations, and other interested parties; and
``(7) the funding levels that will be available under
authorization levels that have been enacted into law.
``(c) Recommendations.--Not later than 1 year after the
date of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, Amtrak shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives recommendations developed by the
independent entity under subsection (a).
``(d) Consideration of Recommendations.--Not later than 90
days after the date the recommendations are transmitted under
subsection (c), Amtrak shall consider the adoption of each
recommendation and transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report explaining the reasons for adopting
or not adopting each recommendation.''.
SEC. 35205. COMPETITION.
(a) Alternate Passenger Rail Service Pilot Program.--
Section 24711 is amended to read as follows:
``Sec. 24711. Alternate passenger rail service pilot program
``(a) In General.--Not later than 18 months after the date
of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, the Secretary of Transportation shall
promulgate a rule to implement a pilot program for
competitive selection of rail carriers for long-distance
routes (as defined in section 24102).
``(b) Pilot Program Requirements.--
``(1) In general.--The pilot program shall--
``(A) allow a party described in paragraph (2) to petition
the Secretary to provide intercity rail passenger
transportation over a long-distance route in lieu of Amtrak
for an operations period of 4 years from the date of
commencement of service by the winning bidder and, at the
option of the Secretary, consistent with the rule promulgated
under subsection (a), allow the contract to be renewed for an
additional operations period of 4 years, but not to exceed a
total of 3 operations periods;
``(B) require the Secretary to--
``(i) notify the petitioner and Amtrak of receipt of the
petition under subparagraph (A) and to publish in the Federal
Register a notice of receipt not later than 30 days after the
date of receipt; and
``(ii) establish a deadline, of not more than 120 days
after the notice of receipt is published in the Federal
Register under clause (i), by which both the petitioner and
Amtrak, if Amtrak chooses to do so, would be required to
submit a complete bid to provide intercity rail passenger
transportation over the applicable route;
``(C) require that each bid--
``(i) describe the capital needs, financial projections,
and operational plans, including staffing plans, for the
service, and such other factors as the Secretary considers
appropriate; and
``(ii) be made available by the winning bidder to the
public after the bid award;
``(D) for a route that receives funding from a State or
States, require that for each bid received from a party
described in paragraph (2), other than a State, the Secretary
have the concurrence of the State or States that provide
funding for that route;
``(E) for a winning bidder that is not or does not include
Amtrak, require the Secretary to execute a contract not later
than 270 days after the deadline established under
subparagraph (B)(ii) and award to the winning bidder--
``(i) subject to paragraphs (3) and (4), the right and
obligation to provide intercity rail passenger transportation
over that route subject to such performance standards as the
Secretary may require; and
``(ii) an operating subsidy, as determined by the
Secretary, for--
``(I) the first year at a level that does not exceed 90
percent of the level in effect for that specific route during
the fiscal year preceding the fiscal year in which the
petition was received, adjusted for inflation; and
``(II) any subsequent years at the level calculated under
subclause (I), adjusted for inflation; and
``(F) for a winning bidder that is or includes Amtrak,
award to that bidder an operating subsidy, as determined by
the Secretary, over the applicable route that will not change
during the fiscal year in which the bid was submitted solely
as a result of the winning bid.
``(2) Eligible petitioners.--The following parties are
eligible to submit petitions under paragraph (1):
``(A) A rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route.
``(B) A rail passenger carrier with a written agreement
with the rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route and that host or would host the intercity rail
passenger transportation.
``(C) A State, group of States, or State-supported joint
powers authority or other sub-State governance entity
responsible for provision of intercity rail passenger
transportation with a written agreement with the rail carrier
or rail carriers that own the infrastructure over which
Amtrak operates a long-distance route and that host or would
host the intercity rail passenger transportation.
``(D) A State, group of States, or State-supported joint
powers authority or other sub-State governance entity
responsible for provision of intercity rail passenger
transportation and a rail passenger carrier with a written
agreement with the rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route and that host or would host the intercity rail
passenger transportation.
``(3) Performance standards.--If the winning bidder under
paragraph (1)(E)(i) is not or does not include Amtrak, the
performance standards shall be consistent with the
performance required of or achieved by Amtrak on the
applicable route during the last fiscal year.
``(4) Agreement governing access issues.--Unless the
winning bidder already has applicable access agreements in
place or includes a rail carrier that owns the infrastructure
used in the operation of the route, the winning bidder under
paragraph (1)(E)(i) shall enter into a written agreement
governing access issues between the winning bidder and the
rail carrier or rail carriers that own the infrastructure
over which the winning bidder would operate and that host or
would host the intercity rail passenger transportation.
``(c) Access to Facilities; Employees.--If the Secretary
awards the right and obligation to provide rail passenger
transportation over a route under this section to an entity
in lieu of Amtrak--
``(1) the Secretary shall require Amtrak to provide access
to the Amtrak-owned reservation system, stations, and
facilities directly related to operations of the awarded
routes to the rail passenger carrier awarded a contract under
this section, in accordance with subsection (g), as necessary
to carry out the purposes of this section;
``(2) an employee of any person, except for a freight
railroad or a person employed or contracted by a freight
railroad, used by such rail passenger carrier in the
operation of a route under this section shall be considered
an employee of that rail passenger carrier and subject to the
applicable Federal laws and regulations governing similar
crafts or classes of employees of Amtrak; and
``(3) the winning bidder shall provide hiring preference to
qualified Amtrak employees displaced by the award of the bid,
consistent with the staffing plan submitted by the bidder,
and shall be subject to the grant conditions under section
24405.
``(d) Cessation of Service.--If a rail passenger carrier
awarded a route under this section ceases to operate the
service or fails to fulfill an obligation under the contract
required under subsection (b)(1)(E), the Secretary shall take
any necessary action consistent with this title to enforce
the contract and ensure the continued provision of service,
including--
``(1) the installment of an interim rail passenger carrier;
``(2) providing to the interim rail passenger carrier under
paragraph (1) an operating subsidy necessary to provide
service; and
``(3) rebidding the contract to operate the rail passenger
transportation.
``(e) Budget Authority.--
``(1) In general.--The Secretary shall provide to a winning
bidder that is not or does not include Amtrak and that is
selected under this section any appropriations withheld under
section 35101(c) of the Railroad Reform, Enhancement, and
Efficiency Act, or any subsequent appropriation for the same
purpose, necessary to cover the operating subsidy described
in subsection (b)(1)(E)(ii).
``(2) Amtrak.--If the Secretary selects a winning bidder
that is not or does not include Amtrak, the Secretary may
provide to Amtrak an appropriate portion of the
appropriations under section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent
appropriation for the same purpose, to cover any cost
directly attributable to the termination of Amtrak service on
the route and any indirect costs to Amtrak imposed on other
Amtrak routes as a result of losing service on the route
operated by the winning bidder. Any amount provided by the
Secretary to Amtrak under this paragraph shall not be
deducted from or have any effect on the operating subsidy
described in subsection (b)(1)(E)(ii).
``(f) Deadline.--If the Secretary does not promulgate the
final rule and implement the program before the deadline
under subsection (a), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a letter, signed by the
Secretary and Administrator
[[Page S5806]]
of the Federal Railroad Administration, each month until the
rule is complete, including--
``(1) the reasons why the rule has not been issued;
``(2) an updated staffing plan for completing the rule as
soon as feasible;
``(3) the contact information of the official that will be
overseeing the execution of the staffing plan; and
``(4) the estimated date of completion of the rule.
``(g) Disputes.--If Amtrak and the rail passenger carrier
awarded a route under this section cannot agree upon terms to
carry out subsection (c)(1), and the Surface Transportation
Board finds that access to Amtrak's facilities or equipment,
or the provision of services by Amtrak, is necessary under
subsection (c)(1) and that the operation of Amtrak's other
services will not be impaired thereby, the Surface
Transportation Board shall issue an order that the facilities
and equipment be made available, and that services be
provided, by Amtrak, and shall determine reasonable
compensation, liability, and other terms for use of the
facilities and equipment and provision of the services.
``(h) Limitation.--Not more than 3 long-distance routes may
be selected under this section for operation by a winning
bidder that is not or does not include Amtrak.
``(i) Preservation of Right to Competition on State-
Supported Routes.--Nothing in this section shall be construed
as prohibiting a State from introducing competition for
intercity rail passenger transportation or services on its
State-supported route or routes.''.
(b) Report.--Not later than 4 years after the date of
implementation of the pilot program under section 24711 of
title 49, United States Code, and quadrennially thereafter
until the pilot program is discontinued, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results on the pilot program
to date and any recommendations for further action.
SEC. 35206. ROLLING STOCK PURCHASES.
(a) In General.--Prior to entering into any contract in
excess of $100,000,000 for rolling stock and locomotive
procurements Amtrak shall submit a business case analysis to
the Secretary, the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives, on the utility of such procurements.
(b) Contents.--The business case analysis shall--
(1) include a cost and benefit comparison that describes
the total lifecycle costs and the anticipated benefits
related to revenue, operational efficiency, reliability, and
other factors;
(2) set forth the total payments by fiscal year;
(3) identify the specific source and amounts of funding for
each payment, including Federal funds, State funds, Amtrak
profits, Federal, State, or private loans or loan guarantees,
and other funding;
(4) include an explanation of whether any payment under the
contract will increase Amtrak's grant request, as required
under section 24318 of title 49, United States Code, in that
particular fiscal year; and
(5) describe how Amtrak will adjust the procurement if
future funding is not available.
(c) Rule of Construction.--Nothing in this section shall be
construed as requiring Amtrak to disclose confidential
information regarding a potential vendor's proposed pricing
or other sensitive business information prior to contract
execution.
SEC. 35207. FOOD AND BEVERAGE POLICY.
(a) In General.--Chapter 243, as amended in section 35202
of this Act, is further amended by adding after section 24320
the following:
``Sec. 24321. Food and beverage reform
``(a) Plan.--Not later than 90 days after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, Amtrak shall develop and begin implementing a plan to
eliminate, not later than 4 years after the date of enactment
of that Act, the operating loss associated with providing
food and beverage service on board Amtrak trains.
``(b) Considerations.--In developing and implementing the
plan under subsection (a), Amtrak shall consider a
combination of cost management and revenue generation
initiatives, including--
``(1) scheduling optimization;
``(2) onboard logistics;
``(3) product development and supply chain efficiency;
``(4) training, awards, and accountability;
``(5) technology enhancements and process improvements; and
``(6) ticket revenue allocation.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak
employee holding a position as of the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act is
involuntarily separated because of--
``(1) the development and implementation of the plan
required under subsection (a); or
``(2) any other action taken by Amtrak to implement this
section.
``(d) No Federal Funding for Operating Losses.--Beginning
on the date that is 4 years after the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act, no
Federal funds may be used to cover any operating loss
associated with providing food and beverage service on a
route operated by Amtrak or an alternative passenger rail
service provider that operates a route in lieu of Amtrak
under section 24711.
``(e) Report.--Not later than 120 days after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, and annually thereafter for a period of 4 years, Amtrak
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the plan developed under
subsection (a) and a description of progress in the
implementation of the plan.''.
(b) Conforming Amendment.--The table of contents for
chapter 243, as amended in section 35202 of this Act, is
amended by adding at the end the following:
``24321. Food and beverage reform.''.
SEC. 35208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, Amtrak shall establish a pilot program
for a State or States that sponsor a State-supported route
operated by Amtrak to facilitate--
(1) onboard purchase and sale of local food and beverage
products; and
(2) partnerships with local entities to hold promotional
events on trains or in stations.
(b) Program Design.--The pilot program under paragraph (1)
shall allow a State or States--
(1) to nominate and select a local food and beverage
products supplier or suppliers or local promotional event
partner;
(2) to charge a reasonable price or fee for local food and
beverage products or promotional events and related
activities to help defray the costs of program administration
and State-supported routes; and
(3) a mechanism to ensure that State products can
effectively be handled and integrated into existing food and
beverage services, including compliance with all applicable
regulations and standards governing such services.
(c) Program Administration.--The pilot program shall--
(1) for local food and beverage products, ensure the
products are integrated into existing food and beverage
services, including compliance with all applicable
regulations and standards;
(2) for promotional events, ensure the events are held in
compliance with all applicable regulations and standards,
including terms to address insurance requirements; and
(3) require an annual report that documents revenues and
costs and indicates whether the products or events resulted
in a reduction in the financial contribution of a State or
States to the applicable State-supported route.
(d) Report.--Not later than 4 years after the date of
establishment of the pilot programs under this section,
Amtrak shall report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on which States have participated in the
pilot programs under this section. The report shall summarize
the financial and operational outcomes of the pilot programs.
(e) Rule of Construction.--Nothing in this subsection shall
be construed as limiting Amtrak's ability to operate special
trains in accordance with section 216 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24308
note).
SEC. 35209. RIGHT-OF-WAY LEVERAGING.
(a) Request for Proposals.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall issue a Request for
Proposals seeking qualified persons or entities to utilize
right-of-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution
systems, and other activities considered appropriate by
Amtrak.
(2) Contents.--The Request for Proposals shall provide
sufficient information on the right-of-way and real estate
assets to enable respondents to propose an arrangement that
will monetize or generate additional revenue from such assets
through revenue sharing or leasing agreements with Amtrak, to
the extent possible.
(b) Consideration of Proposals.--Not later than 180 days
following the deadline for the receipt of proposals under
subsection (a), Amtrak shall review and consider each
qualified proposal. Amtrak may enter into such agreements as
are necessary to implement any qualified proposal.
(c) Report.--Not later than 270 days following the deadline
for the receipt of proposals under subsection (a), Amtrak
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the Request for Proposals
required by this section, including summary information of
any proposals submitted to Amtrak and any proposals accepted
by Amtrak.
(d) Savings Clause.--Nothing in this section shall be
construed to limit Amtrak's ability to utilize right-of-way
or real estate assets that it currently owns, controls, or
manages or constrain Amtrak's ability to
[[Page S5807]]
enter into agreements with other parties to utilize such
assets.
SEC. 35210. STATION DEVELOPMENT.
(a) Report on Development Options.--Not later than 1 year
after the date of the enactment of this Act, Amtrak shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(1) options to enhance economic development and
accessibility of and around Amtrak stations and terminals,
for the purposes of--
(A) improving station condition, functionality, capacity,
and customer amenities;
(B) generating additional investment capital and
development-related revenue streams;
(C) increasing ridership and revenue;
(D) complying with the applicable sections of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and
(E) strengthening multimodal connections, including
transit, intercity buses, roll-on and roll-off bicycles, and
airports, as appropriate; and
(2) options for additional Amtrak stops that would have a
positive incremental financial impact to Amtrak, based on
Amtrak feasibility studies that demonstrate a financial
benefit to Amtrak by generating additional revenue that
exceeds any incremental costs.
(b) Request for Information.--Not later than 90 days after
the date the report is transmitted under subsection (a),
Amtrak shall issue a Request of Information for 1 or more
owners of stations served by Amtrak to formally express an
interest in completing the requirements of this section.
(c) Proposals.--
(1) Request for proposals.--Not later than 180 days after
the date the Request for Information is issued under
subsection (a), Amtrak shall issue a Request for Proposals
from qualified persons, including small business concerns
owned and controlled by socially and economically
disadvantaged individuals and veteran-owned small businesses,
to lead, participate, or partner with Amtrak, a station owner
that responded under subsection (b), and other entities in
enhancing development in and around such stations and
terminals using applicable options identified under
subsection (a) at facilities selected by Amtrak.
(2) Consideration of proposals.--Not later than 1 year
after the date the Request for Proposals are issued under
paragraph (1), Amtrak shall review and consider qualified
proposals submitted under paragraph (1). Amtrak or a station
owner that responded under subsection (b) may enter into such
agreements as are necessary to implement any qualified
proposal.
(d) Report.--Not later than 3 years after the date of
enactment of this Act, Amtrak shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the Request for
Proposals process required under this section, including
summary information of any qualified proposals submitted to
Amtrak and any proposals acted upon by Amtrak or a station
owner that responded under subsection (b).
(e) Definitions.--In this section, the terms ``small
business concern'', ``socially and economically disadvantaged
individual'', and ``veteran-owned small business'' have the
meanings given the terms in section 304(c) of this Act.
(f) Savings Clause.--Nothing in this section shall be
construed to limit Amtrak's ability to develop its stations,
terminals, or other assets, to constrain Amtrak's ability to
enter into and carry out agreements with other parties to
enhance development at or around Amtrak stations or
terminals, or to affect any station development initiatives
ongoing as of the date of enactment of this Act.
SEC. 35211. AMTRAK DEBT.
Section 205 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended--
(1) by striking ``as of the date of enactment of this Act''
each place it appears;
(2) in subsection (a)--
(A) by inserting ``, to the extent provided in advance in
appropriations Acts'' after ``Amtrak's indebtedness''; and
(B) by striking the second sentence;
(3) in subsection (b), by striking ``The Secretary of the
Treasury, in consultation'' and inserting ``To the extent
amounts are provided in advance in appropriations Acts, the
Secretary of the Treasury, in consultation'';
(4) in subsection (d), by inserting ``, to the extent
provided in advance in appropriations Acts'' after ``as
appropriate'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``by section 102 of this
division''; and
(B) in paragraph (2), by striking ``by section 102'' and
inserting ``for Amtrak'';
(6) in subsection (g), by inserting ``, unless that debt
receives credit assistance, including direct loans and loan
guarantees, under chapter 6 of title 23, United States Code
or title V of the Railroad Revitalization and Regulatory Act
of 1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
(7) by striking subsection (h).
SEC. 35212. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING
DOMESTICATED CATS AND DOGS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall develop a pilot program
that allows passengers to transport domesticated cats or dogs
on certain trains operated by Amtrak.
(b) Pet Policy.--In developing the pilot program required
under subsection (a), Amtrak shall--
(1) in the case of a passenger train that is comprised of
more than 1 car, designate, where feasible, at least 1 car in
which a ticketed passenger may transport a domesticated cat
or dog in the same manner as carry-on baggage if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size requirements
for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating on a
route described in subparagraph (A), (B), or (D) of section
24102(6) of title 49, United States Code; and
(D) the passenger pays a fee described in paragraph (3);
(2) allow a ticketed passenger to transport a domesticated
cat or dog on a train in the same manner as cargo if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel is stowed in accordance with Amtrak
requirements for cargo stowage;
(C) the passenger is traveling on a train operating on a
route described in subparagraph (A), (B), or (D) of section
24102(6) of title 49, United States Code;
(D) the cargo area is temperature controlled in a manner
protective of cat and dog safety and health; and
(E) the passenger pays a fee described in paragraph (3);
and
(3) collect fees for each cat or dog transported by a
ticketed passenger in an amount that, in the aggregate and at
a minimum, covers the full costs of the pilot program.
(c) Report.--Not later than 1 year after the pilot program
required under subsection (a) is first implemented, Amtrak
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing an evaluation of the
pilot program.
(d) Limitation on Statutory Construction.--
(1) Service animals.--The pilot program under subsection
(a) shall be separate from and in addition to the policy
governing Amtrak passengers traveling with service animals.
Nothing in this section may be interpreted to limit or waive
the rights of passengers to transport service animals.
(2) Additional train cars.--Nothing in this section may be
interpreted to require Amtrak to add additional train cars or
modify existing train cars.
(3) Federal funds.--No Federal funds may be used to
implement the pilot program required under this section.
SEC. 35213. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302(a) is amended to read as
follows:
``(a) Composition and Terms.--
``(1) In general.--The Amtrak Board of Directors (referred
to in this section as the `Board') is composed of the
following 9 directors, each of whom must be a citizen of the
United States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak.
``(C) 7 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with general business and financial experience,
experience or qualifications in transportation, freight and
passenger rail transportation, travel, hospitality, or
passenger air transportation businesses, or representatives
of employees or users of passenger rail transportation or a
State government.
``(2) Selection.--In selecting individuals described in
paragraph (1)(C) for nominations for appointments to the
Board, the President shall consult with the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate. The individuals appointed to
the Board under paragraph (1)(C) shall be composed of the
following;
``(A) 2 individuals from the Northeast Corridor.
``(B) 4 individuals from regions of the country outside of
the Northeast Corridor and geographically distributed with--
``(i) 2 individuals from States with long-distance routes
operated by Amtrak; and
``(ii) 2 individuals from States with State-supported
routes operated by Amtrak.
``(C) 1 individual from the Northeast Corridor or a State
with long-distance or State-supported routes.
``(3) Term.--An individual appointed under paragraph (1)(C)
shall be appointed for a term of 5 years. The term may be
extended until the individual's successor is appointed and
qualified. Not more than 4 individuals appointed under
paragraph (1)(C) may be members of the same political party.
``(4) Chairperson and vice chairperson.--The Board shall
elect a chairperson and vice chairperson, other than the
President of Amtrak, from among its membership. The vice
chairperson shall serve as chairperson in the absence of the
chairperson.
``(5) Secretary's designee.--The Secretary may be
represented at Board meetings by the Secretary's designee.''.
[[Page S5808]]
(b) Rule of Construction.--Nothing in this section shall be
construed as affecting the term of any director serving on
the Amtrak Board of Directors under section 24302(a)(1)(C) of
title 49, United States Code, on the day preceding the date
of enactment of this Act.
SEC. 35214. AMTRAK BOARDING PROCEDURES.
(a) Report.--Not later than 6 months after the date of
enactment of this Act, the Amtrak Office of Inspector General
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that--
(1) evaluates Amtrak's boarding procedures for passengers,
including passengers using or transporting nonmotorized
transportation, such as wheelchairs and bicycles, at its 15
stations through which the most people pass;
(2) compares Amtrak's boarding procedures to--
(A) commuter railroad boarding procedures at stations
shared with Amtrak;
(B) international intercity passenger rail boarding
procedures; and
(C) fixed guideway transit boarding procedures; and
(3) makes recommendations, as appropriate, in consultation
with the Transportation Security Administration, to improve
Amtrak's boarding procedures, including recommendations
regarding the queuing of passengers and free-flow of all
station users and facility improvements needed to achieve the
recommendations.
(b) Consideration of Recommendations.--Not later than 6
months after the report is submitted under subsection (a),
Amtrak shall consider each recommendation provided under
subsection (a)(3) for implementation at appropriate locations
across the Amtrak system.
Subtitle C--Intercity Passenger Rail Policy
SEC. 35301. COMPETITIVE OPERATING GRANTS.
(a) In General.--Chapter 244 is amended--
(1) by striking section 24406; and
(2) by inserting after section 24405 the following:
``Sec. 24406. Competitive operating grants
``(a) Applicant Defined.--In this section, the term
`applicant' means--
``(1) a State;
``(2) a group of States;
``(3) an Interstate Compact;
``(4) a public agency or publicly chartered authority
established by 1 or more States and having responsibility for
providing intercity rail passenger transportation or commuter
rail passenger transportation;
``(5) a political subdivision of a State;
``(6) Amtrak or another rail passenger carrier that
provides intercity rail passenger transportation;
``(7) Any rail carrier in partnership with at least 1 of
the entities described in paragraphs (1) through (5); and
``(8) any combination of the entities described in
paragraphs (1) through (7).
``(b) Grants Authorized.--The Secretary of Transportation
shall develop and implement a program for issuing 3-year
operating assistance grants to applicants, on a competitive
basis, for the purpose of initiating, restoring, or enhancing
intercity rail passenger service.
``(c) Application.--An applicant for a grant under this
section shall submit to the Secretary--
``(1) a capital and mobilization plan that--
``(A) describes any capital investments, service planning
actions (such as environmental reviews), and mobilization
actions (such as qualification of train crews) required for
initiation of service; and
``(B) includes the timeline for undertaking and completing
each of the investments and actions referred to in
subparagraph (A);
``(2) an operating plan that describes the planned
operation of the service, including--
``(A) the identity and qualifications of the train
operator;
``(B) the identity and qualifications of any other service
providers;
``(C) service frequency;
``(D) the planned routes and schedules;
``(E) the station facilities that will be utilized;
``(F) projected ridership, revenues, and costs;
``(G) descriptions of how the projections under
subparagraph (F) were developed;
``(H) the equipment that will be utilized, how such
equipment will be acquired or refurbished, and where such
equipment will be maintained; and
``(I) a plan for ensuring safe operations and compliance
with applicable safety regulations;
``(3) a funding plan that--
``(A) describes the funding of initial capital costs and
operating costs for the first 3 years of operation;
``(B) includes a commitment by the applicant to provide the
funds described in subparagraph (A) to the extent not covered
by Federal grants and revenues; and
``(C) describes the funding of operating costs and capital
costs, to the extent necessary, after the first 3 years of
operation; and
``(4) a description of the status of negotiations and
agreements with--
``(A) each of the railroads or regional transportation
authorities whose tracks or facilities would be utilized by
the service;
``(B) the anticipated rail passenger carrier, if such
entity is not part of the applicant group; and
``(C) any other service providers or entities expected to
provide services or facilities that will be used by the
service, including any required access to Amtrak systems,
stations, and facilities if Amtrak is not part of the
applicant group.
``(d) Priorities.--In awarding grants under this section,
the Secretary shall give priority to applications--
``(1) for which planning, design, any environmental
reviews, negotiation of agreements, acquisition of equipment,
construction, and other actions necessary for initiation of
service have been completed or nearly completed;
``(2) that would restore service over routes formerly
operated by Amtrak, including routes with international
connections;
``(3) that would provide daily or daytime service over
routes where such service did not previously exist;
``(4) that include private funding (including funding from
railroads), and funding or other significant participation by
State, local, and regional governmental and private entities;
``(5) that include a funding plan that demonstrates the
intercity rail passenger service will be financially
sustainable beyond the 3-year grant period;
``(6) that would provide service to regions and communities
that are underserved or not served by other intercity public
transportation;
``(7) that would foster economic development, particularly
in rural communities and for disadvantaged populations;
``(8) that would provide other non-transportation benefits;
and
``(9) that would enhance connectivity and geographic
coverage of the existing national network of intercity
passenger rail service.
``(e) Limitations.--
``(1) Duration.--Federal operating assistance grants
authorized under this section for any individual intercity
rail passenger transportation route may not provide funding
for more than 3 years and may not be renewed.
``(2) Limitation.--Not more than 6 of the operating
assistance grants awarded pursuant to subsection (b) may be
simultaneously active.
``(3) Maximum funding.--Grants described in paragraph (1)
may not exceed--
``(A) 80 percent of the projected net operating costs for
the first year of service;
``(B) 60 percent of the projected net operating costs for
the second year of service; and
``(C) 40 percent of the projected net operating costs for
the third year of service.
``(f) Use With Capital Grants and Other Federal Funding.--A
recipient of an operating assistance grant under subsection
(b) may use that grant in combination with other grants
awarded under this chapter or any other Federal funding that
would benefit the applicable service.
``(g) Availability.--Amounts appropriated for carrying out
this section shall remain available until expended.
``(h) Coordination With Amtrak.--If the Secretary awards a
grant under this section to a rail passenger carrier other
than Amtrak, Amtrak may be required under section 24711(c)(1)
of this title to provide access to its reservation system,
stations, and facilities that are directly related to
operations to such carrier, to the extent necessary to carry
out the purposes of this section. The Secretary may award an
appropriate portion of the grant to Amtrak as compensation
for this access.
``(i) Conditions.--
``(1) Grant agreement.--The Secretary shall require grant
recipients under this section to enter into a grant agreement
that requires them to provide similar information regarding
the route performance, financial, and ridership projections,
and capital and business plans that Amtrak is required to
provide, and such other data and information as the Secretary
deems necessary.
``(2) Installments; termination.--The Secretary may--
``(A) award grants under this section in installments, as
the Secretary considers appropriate; and
``(B) terminate any grant agreement upon--
``(i) the cessation of service; or
``(ii) the violation of any other term of the grant
agreement.
``(3) Grant conditions.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements under
this chapter.
``(j) Report.--Not later than 4 years after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, the Secretary, after consultation with grant recipients
under this section, shall submit a report to Congress that
describes--
``(1) the implementation of this section;
``(2) the status of the investments and operations funded
by such grants;
``(3) the performance of the routes funded by such grants;
``(4) the plans of grant recipients for continued operation
and funding of such routes; and
``(5) any legislative recommendations.''.
(b) Conforming Amendments.--Chapter 244 is amended--
(1) in the table of contents, by inserting after the item
relating to section 24405 the following:
``24406. Competitive operating grants.'';
(2) in the chapter title, by striking ``INTERCITY PASSENGER
RAIL SERVICE CORRIDOR CAPITAL'' and inserting ``RAIL CAPITAL
AND OPERATING'';
[[Page S5809]]
(3) in section 24401, by striking paragraph (1);
(4) in section 24402, by striking subsection (j) and
inserting the following:
``(j) Applicant Defined.--In this section, the term
`applicant' means a State (including the District of
Columbia), a group of States, an Interstate Compact, a public
agency or publicly chartered authority established by 1 or
more States and having responsibility for providing intercity
rail passenger transportation, or a political subdivision of
a State.''; and
(5) in section 24405--
(A) in subsection (b)--
(i) by inserting ``, or for which an operating grant is
issued under section 24406,'' after ``chapter''; and
(ii) in paragraph (2), by striking ``(43'' and inserting
``(45'';
(B) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``or unless Amtrak ceased
providing intercity passenger railroad transportation over
the affected route more than 3 years before the commencement
of new service'' after ``unless such service was provided
solely by Amtrak to another entity'';
(C) in subsection (f), by striking ``under this chapter for
commuter rail passenger transportation, as defined in section
24012(4) of this title.'' and inserting ``under this chapter
for commuter rail passenger transportation (as defined in
section 24102(3)).''; and
(D) by adding at the end the following:
``(g) Special Transportation Circumstances.--In carrying
out this chapter, the Secretary shall allocate an appropriate
portion of the amounts available under this chapter to
provide grants to States--
``(1) in which there is no intercity passenger rail
service, for the purpose of funding freight rail capital
projects that are on a State rail plan developed under
chapter 227 that provide public benefits (as defined in
chapter 227), as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant under
this section due to the unique characteristics of the
geography of that State or other relevant considerations, for
the purpose of funding transportation-related capital
projects.''.
SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
REPAIR.
(a) Amendment.--Chapter 244 is amended by inserting after
section 24406, as added by section 5301 of this Act, the
following:
``Sec. 24407. Federal-State partnership for state of good
repair
``(a) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means--
``(A) a State (including the District of Columbia);
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered authority
established by 1 or more States that has responsibility for
providing intercity rail passenger transportation or commuter
rail passenger transportation;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Capital project.--The term `capital project' means--
``(A) a project primarily intended to replace,
rehabilitate, or repair major infrastructure assets utilized
for providing intercity passenger rail service, including
tunnels, bridges, stations, and other assets, as determined
by the Secretary; or
``(B) a project primarily intended to improve intercity
passenger rail performance, including reduced trip times,
increased train frequencies, higher operating speeds, and
other improvements, as determined by the Secretary.
``(3) Northeast corridor.--The term `Northeast Corridor'
means--
``(A) the main rail line between Boston, Massachusetts and
the Virginia Avenue interlocking in the District of Columbia;
and
``(B) the branch rail lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil,
New York.
``(4) Qualified railroad asset.--The term `qualified
railroad asset' means infrastructure, equipment, or a
facility that--
``(A) is owned or controlled by an eligible applicant; and
``(B) was not in a state of good repair on the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act.
``(b) Grant Program Authorized.--The Secretary of
Transportation shall develop and implement a program for
issuing grants to applicants, on a competitive basis, to fund
capital projects that reduce the state of good repair backlog
on qualified railroad assets.
``(c) Eligible Projects.--Projects eligible for grants
under this section include capital projects to replace or
rehabilitate qualified railroad assets, including--
``(1) capital projects to replace existing assets in-kind;
``(2) capital projects to replace existing assets with
assets that increase capacity or provide a higher level of
service; and
``(3) capital projects to ensure that service can be
maintained while existing assets are brought to a state of
good repair.
``(d) Project Selection Criteria.--In selecting an
applicant for a grant under this section, the Secretary
shall--
``(1) give preference to eligible projects--
``(A) that are consistent with the goals, objectives, and
policies defined in any regional rail planning document that
is applicable to a project proposal; and
``(B) for which the proposed Federal share of total project
costs does not exceed 50 percent; and
``(2) take into account--
``(A) the cost-benefit analysis of the proposed project,
including anticipated private and public benefits relative to
the costs of the proposed project, including--
``(i) effects on system and service performance;
``(ii) effects on safety, competitiveness, reliability,
trip or transit time, and resilience;
``(iii) efficiencies from improved integration with other
modes; and
``(iv) ability to meet existing or anticipated demand;
``(B) the degree to which the proposed project's business
plan considers potential private sector participation in the
financing, construction, or operation of the proposed
project;
``(C) the applicant's past performance in developing and
delivering similar projects, and previous financial
contributions;
``(D) whether the applicant has, or will have--
``(i) the legal, financial, and technical capacity to carry
out the project;
``(ii) satisfactory continuing control over the use of the
equipment or facilities; and
``(iii) the capability and willingness to maintain the
equipment or facilities;
``(E) if applicable, the consistency of the project with
planning guidance and documents set forth by the Secretary or
required by law; and
``(F) any other relevant factors, as determined by the
Secretary.
``(e) Planning Requirements.--A project is not eligible for
a grant under this section unless the project is specifically
identified--
``(1) on a State rail plan prepared in accordance with
chapter 227; or
``(2) if the project is located on the Northeast Corridor,
on the Northeast Corridor Capital Investment Plan developed
pursuant to section 24904(a).
``(f) Northeast Corridor Projects.--
``(1) Compliance with usage agreements.--Grant funds may
not be provided under this section to an eligible recipient
for an eligible project located on the Northeast Corridor
unless Amtrak and the public authorities providing commuter
rail passenger transportation on the Northeast Corridor are
in compliance with section 24905(c)(2).
``(2) Capital investment plan.--When selecting projects
located on the Northeast Corridor, the Secretary shall
consider the appropriate sequence and phasing of projects as
contained in the Northeast Corridor Capital Investment Plan
developed pursuant to section 24904(a).
``(g) Federal Share of Total Project Costs.--
``(1) Total project cost.--The Secretary shall estimate the
total cost of a project under this section based on the best
available information, including engineering studies, studies
of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(2) Federal share.--The Federal share of total costs for
a project under this subsection shall not exceed 80 percent.
``(3) Treatment of amtrak revenue.--If Amtrak or another
rail passenger carrier is an applicant under this section,
Amtrak or the other rail passenger carrier, as applicable,
may use ticket and other revenues generated from its
operations and other sources to satisfy the non-Federal share
requirements.
``(h) Letters of Intent.--
``(1) In general.--The Secretary may issue a letter of
intent to a grantee under this section that--
``(A) announces an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal Government; and
``(ii) is subject to the availability of appropriations
under Federal law and to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 30 days before issuing a
letter under paragraph (1), the Secretary shall submit
written notification to--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate;
``(ii) the Committee on Appropriations of the Senate;
``(iii) the Committee on Transportation and Infrastructure
of the House of Representatives; and
``(iv) the Committee on Appropriations of the House of
Representatives.
``(B) Contents.--The notification submitted pursuant to
subparagraph (A) shall include--
``(i) a copy of the proposed letter or agreement;
``(ii) the criteria used under subsection (d) for selecting
the project for a grant award; and
[[Page S5810]]
``(iii) a description of how the project meets such
criteria.
``(3) Appropriations required.--An obligation or
administrative commitment may be made under this section only
when amounts are appropriated for such purpose.
``(i) Availability.--Amounts appropriated for carrying out
this section shall remain available until expended.
``(j) Grant Conditions.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements under
this chapter.''.
(b) Conforming Amendment.--The table of contents for
chapter 244 is amended by inserting after the item relating
to section 24406 the following:
``24407. Federal-State partnership for state of good repair.''.
SEC. 35303. LARGE CAPITAL PROJECT REQUIREMENTS.
Section 24402 is amended by adding at the end the
following:
``(m) Large Capital Project Requirements.--
``(1) In general.--For a grant awarded under this chapter
for an amount in excess of $1,000,000,000, the following
conditions shall apply:
``(A) The Secretary of Transportation may not obligate any
funding unless the applicant demonstrates, to the
satisfaction of the Secretary, that the applicant has
committed, and will be able to fulfill, the non-Federal share
required for the grant within the applicant's proposed
project completion timetable.
``(B) The Secretary may not obligate any funding for work
activities that occur after the completion of final design
unless--
``(i) the applicant submits a financial plan to the
Secretary that generally identifies the sources of the non-
Federal funding required for any subsequent segments or
phases of the corridor service development program covering
the project for which the grant is awarded;
``(ii) the grant will result in a useable segment, a
transportation facility, or equipment, that has operational
independence or is financially sustainable; and
``(iii) the intercity passenger rail benefits anticipated
to result from the grant, such as increased speed, improved
on-time performance, reduced trip time, increased
frequencies, new service, safety improvements, improved
accessibility, or other significant enhancements, are
detailed by the grantee and approved by the Secretary.
``(C)(i) The Secretary shall ensure that the project is
maintained to the level of utility that is necessary to
support the benefits approved under subparagraph (B)(iii) for
a period of 20 years from the date on which the useable
segment, transportation facility, or equipment described in
subparagraph (B)(ii) is placed in service.
``(ii) If the project property is not maintained as
required under clause (i) for a 12-month period, the grant
recipient shall refund a pro-rata share of the Federal
contribution, based upon the percentage remaining of the 20-
year period that commenced when the project property was
placed in service.
``(2) Early work.--The Secretary may allow a grantee
subject to this subsection to engage in at-risk work
activities subsequent to the conclusion of final design if
the Secretary determines that such work activities are
reasonable and necessary.''.
SEC. 35304. SMALL BUSINESS PARTICIPATION STUDY.
(a) Study.--The Secretary shall conduct a nationwide
disparity and availability study on the availability and use
of small business concerns owned and controlled by socially
and economically disadvantaged individuals and veteran-owned
small businesses in publicly funded intercity passenger rail
service projects.
(b) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit a report
containing the results of the study conducted under
subsection (a) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(c) Definitions.--In this section:
(1) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632), except that the term does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
(2) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged
individual'' has the meaning given such term in section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to such Act,
except that women shall be presumed to be socially and
economically disadvantaged individuals for purposes of this
section.
(3) Veteran-owned small business.--The term ``veteran-owned
small business'' has the meaning given the term ``small
business concern owned and controlled by veterans'' in
section 3(q)(3) of the Small Business Act (15 U.S.C.
632(q)(3)), except that the term does not include any concern
or group of concerns controlled by the same veterans that
have average annual gross receipts during the preceding 3
fiscal years in excess of $22,410,000, as adjusted annually
by the Secretary for inflation.
SEC. 35305. GULF COAST RAIL SERVICE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall convene a working
group to evaluate the restoration of intercity rail passenger
service in the Gulf Coast region between New Orleans,
Louisiana, and Orlando, Florida.
(b) Membership.--The working group convened pursuant to
subsection (a) shall consist of representatives of--
(1) the Federal Railroad Administration, which shall serve
as chair of the working group;
(2) Amtrak;
(3) the States along the proposed route or routes;
(4) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along the proposed route or routes, which shall
be selected by the Administrator;
(5) the Southern Rail Commission;
(6) freight railroad carriers whose tracks may be used for
such service; and
(7) other entities determined appropriate by the Secretary,
which may include independent passenger rail operators that
express an interest in Gulf Coast service.
(c) Responsibilities.--The working group shall--
(1) evaluate all options for restoring intercity rail
passenger service in the Gulf Coast region, including options
outlined in the report transmitted to Congress pursuant to
section 226 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432);
(2) select a preferred option for restoring such service;
(3) develop a prioritized inventory of capital projects and
other actions required to restore such service and cost
estimates for such projects or actions; and
(4) identify Federal and non-Federal funding sources
required to restore such service, including options for
entering into public-private partnerships to restore such
service.
(d) Report.--Not later than 9 months after the date of
enactment of this Act, the working group shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes--
(1) the preferred option selected under subsection (c)(2)
and the reasons for selecting such option;
(2) the information described in subsection (c)(3);
(3) the funding sources identified under subsection (c)(4);
(4) the costs and benefits of restoring intercity rail
passenger transportation in the region; and
(5) any other information the working group determines
appropriate.
SEC. 35306. INTEGRATED PASSENGER RAIL WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall convene a working
group to review issues relating to--
(1) the potential operation of State-supported routes by
rail passenger carriers other than Amtrak; and
(2) their role in establishing an integrated intercity
passenger rail network in the United States.
(b) Membership.--The working group shall consist of a
balanced representation of--
(1) the Federal Railroad Administration, who shall chair
the Working Group;
(2) States that fund State-sponsored routes;
(3) independent passenger rail operators, including those
that carry at least 5,000,000 passengers annually in United
States or international rail service;
(4) Amtrak;
(5) railroads that host intercity State-supported routes;
(6) employee representatives from railroad unions and
building trade unions with substantial engagement in railroad
rights of way construction and maintenance; and
(7) other entities determined appropriate by the Secretary.
(c) Responsibilities.--The working group shall evaluate
options for improving State-supported routes and may make
recommendations, as appropriate, regarding--
(1) best practices for State or State authority governance
of State-supported routes;
(2) future sources of Federal and non-Federal funding
sources for State-supported routes;
(3) best practices in obtaining passenger rail operations
and services on a competitive basis with the objective of
creating the highest quality service at the lowest cost to
the taxpayer;
(4) ensuring potential interoperability of State-supported
routes as a part of a national network with multiple
providers providing integrated services including ticketing,
scheduling, and route planning; and
(5) the interface between State-supported routes and
connecting commuter rail operations, including maximized
intra-modal and intermodal connections and common sources of
funding for capital projects.
(d) Meetings.--Not later than 60 days after the
establishment of the working group by the Secretary under
subsection (a), the
[[Page S5811]]
working group shall convene an organizational meeting outside
of the District of Columbia and shall define the rules and
procedures governing the proceedings of the working group.
The working group shall hold at least 3 meetings per year in
States that fund State-supported routes.
(e) Reports.--
(1) Preliminary report.--Not later than 1 year after the
date the working group is established, the working group
shall submit a preliminary report to the Secretary, the
Governors of States funding State-supported routes, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that
includes--
(A) administrative recommendations that can be implemented
by a State and State authority or by the Secretary; and
(B) preliminary legislative recommendations.
(2) Final legislative recommendations.--Not later than 2
years after the date the working group is established, the
working group shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that includes final legislative
recommendations.
SEC. 35307. SHARED-USE STUDY.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
Amtrak, commuter rail authorities, and other passenger rail
operators, railroad carriers that own rail infrastructure
over which both passenger and freight trains operate, States,
the Surface Transportation Board, the Northeast Corridor
Commission established under section 24905, the State-
Supported Route Committee established under section 24712,
and groups representing rail passengers and customers, as
appropriate, shall complete a study that evaluates--
(1) the shared use of right-of-way by passenger and freight
rail systems; and
(2) the operational, institutional, and legal structures
that would best support improvements to the systems referred
to in paragraph (1).
(b) Areas of Study.--In conducting the study under
subsection (a), the Secretary shall evaluate--
(1) the access and use of railroad right-of-way by a rail
carrier that does not own the right-of-way, such as passenger
rail services that operate over privately-owned right-of-way,
including an analysis of--
(A) access agreements;
(B) costs of access; and
(C) the resolution of disputes relating to such access or
costs;
(2) the effectiveness of existing contractual, statutory,
and regulatory mechanisms for establishing, measuring, and
enforcing train performance standards, including--
(A) the manner in which passenger train delays are
recorded;
(B) the assignment of responsibility for such delays; and
(C) the use of incentives and penalties for performance;
(3) strengths and weaknesses in the existing mechanisms
described in paragraph (2) and possible approaches to address
the weaknesses;
(4) mechanisms for measuring and maintaining public
benefits resulting from publicly funded freight or passenger
rail improvements, including improvements directed towards
shared-use right-of-way by passenger and freight rail;
(5) approaches to operations, capacity, and cost estimation
modeling that--
(A) allows for transparent decisionmaking; and
(B) protects the proprietary interests of all parties;
(6) liability requirements and arrangements, including--
(A) whether to expand statutory liability limits to
additional parties;
(B) whether to revise the current statutory liability
limits;
(C) whether current insurance levels of passenger rail
operators are adequate and whether to establish minimum
insurance requirements for such passenger rail operators; and
(D) whether to establish a liability regime modeled after
section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210);
(7) the effect on rail passenger services, operations,
liability limits and insurance levels of the assertion of
sovereign immunity by a State; and
(8) other issues identified by the Secretary.
(c) Report.--Not later than 60 days after the study under
subsection (a) is complete, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes--
(1) the results of the study; and
(2) any recommendations for further action, including any
legislative proposals consistent with such recommendations.
(d) Implementation.--The Secretary shall integrate the
recommendations submitted under subsection (c) into its
financial assistance programs under subtitle V of title 49,
United States Code, and section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822), as appropriate.
SEC. 35308. NORTHEAST CORRIDOR COMMISSION.
(a) Composition.--Section 24905(a) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, infrastructure investments,'' after ``rail operations'';
(B) by amending subparagraph (B) to read as follows:
``(B) members representing the Department of
Transportation, including the Office of the Secretary, the
Federal Railroad Administration, and the Federal Transit
Administration;''; and
(C) in subparagraph (D) by inserting ``and commuter'' after
``freight''; and
(2) by amending paragraph (6) to read as follows:
``(6) The members of the Commission shall elect co-chairs
consisting of 1 member described in paragraph (1)(B) and 1
member described in paragraph (1)(C).''.
(b) Statement of Goals and Recommendations.--Section
24905(b) is amended--
(1) in paragraph (1), by inserting ``and periodically
update'' after ``develop'';
(2) in paragraph (2)(A), by striking ``beyond those
specified in the state of good repair plan under section 211
of the Passenger Rail Investment and Improvement Act of
2008''; and
(3) by adding at the end the following:
``(3) Submission of statement of goals, recommendations,
and performance reports.--The Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
``(A) any updates made to the statement of goals developed
under paragraph (1) not later than 60 days after such updates
are made; and
``(B) annual performance reports and recommendations for
improvements, as appropriate, issued not later than March 31
of each year, for the prior fiscal year, which summarize--
``(i) the operations and performance of commuter,
intercity, and freight rail transportation along the
Northeast Corridor; and
``(ii) the delivery of the capital plan described in
section 24904.''.
(c) Cost Allocation Policy.--Section 24905(c) is amended--
(1) in the subsection heading, by striking ``Access Costs''
and inserting ``Allocation of Costs'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking ``formula'' and
inserting ``policy'';
(B) in the matter preceding subparagraph (A), by striking
``Within 2 years after the date of enactment of the Passenger
Rail Investment and Improvement Act of 2008, the Commission''
and inserting ``The Commission'';
(C) in subparagraph (A), by striking ``formula'' and
inserting ``policy''; and
(D) by striking subparagraph (B) through (D) and inserting
the following:
``(B) develop a proposed timetable for implementing the
policy;
``(C) submit the policy and timetable developed under
subparagraph (B) to the Surface Transportation Board, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives;
``(D) not later than October 1, 2015, adopt and implement
the policy in accordance with the timetable; and
``(E) with the consent of a majority of its members, the
Commission may petition the Surface Transportation Board to
appoint a mediator to assist the Commission members through
nonbinding mediation to reach an agreement under this
section.'';
(3) in paragraph (2)--
(A) by striking ``formula proposed in'' and inserting
``policy developed under''; and
(B) in the second sentence--
(i) by striking ``the timetable, the Commission shall
petition the Surface Transportation Board to'' and inserting
``paragraph (1)(D) or fail to comply with the policy
thereafter, the Surface Transportation Board shall''; and
(ii) by striking ``amounts for such services in accordance
with section 24904(c) of this title'' and inserting ``for
such usage in accordance with the procedures and procedural
schedule applicable to a proceeding under section 24903(c),
after taking into consideration the policy developed under
paragraph (1)(A), as applicable'';
(4) in paragraph (3), by striking ``formula'' and inserting
``policy''; and
(5) by adding at the end the following:
``(4) Request for dispute resolution.--If a dispute arises
with the implementation of, or compliance with, the policy
developed under paragraph (1), the Commission, Amtrak, or
public authorities providing commuter rail passenger
transportation on the Northeast Corridor may request that the
Surface Transportation Board conduct dispute resolution. The
Surface Transportation Board shall establish procedures for
resolution of disputes brought before it under this
paragraph, which may include the provision of professional
mediation services.''.
(d) Conforming Amendments.--Section 24905 is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(3) in subsection (d), as redesignated, by striking ``to
the Commission such sums as may be necessary for the period
encompassing fiscal years 2009 through 2013 to carry out this
section'' and inserting ``to the
[[Page S5812]]
Secretary for the use of the Commission and the Northeast
Corridor Safety Committee such sums as may be necessary to
carry out this section during fiscal year 2016 through 2019,
in addition to amounts withheld under section 35101(e) of the
Railroad Reform, Enhancement, and Efficiency Act''; and
(4) in subsection (e)(2), as redesignated, by striking ``on
the main line.'' and inserting ``on the main line and meet
annually with the Commission on the topic of Northeast
Corridor safety and security.''.
(e) Northeast Corridor Planning.--
(1) Amendment.--Chapter 249 is amended--
(A) by redesignating section 24904 as section 24903; and
(B) by inserting after section 24903, as redesignated, the
following:
``Sec. 24904. Northeast Corridor planning
``(a) Northeast Corridor Capital Investment Plan.--
``(1) Requirement.--Not later than May 1 of each year, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall--
``(A) develop a capital investment plan for the Northeast
Corridor main line between Boston, Massachusetts, and the
Virginia Avenue interlocking in the District of Columbia, and
the Northeast Corridor branch lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil,
New York, including the facilities and services used to
operate and maintain those lines; and
``(B) submit the capital investment plan to the Secretary
of Transportation and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(2) Contents.--The capital investment plan shall--
``(A) reflect coordination and network optimization across
the entire Northeast Corridor;
``(B) integrate the individual capital and service plans
developed by each operator using the methods described in the
cost allocation policy developed under section 24905(c);
``(C) cover a period of 5 fiscal years, beginning with the
first fiscal year after the date on which the plan is
completed;
``(D) notwithstanding section 24902(b), identify,
prioritize, and phase the implementation of projects and
programs to achieve the service outcomes identified in the
Northeast Corridor service development plan and the asset
condition needs identified in the Northeast Corridor asset
management plans, once available, and consider--
``(i) the benefits and costs of capital investments in the
plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) funding availability;
``(E) categorize capital projects and programs as primarily
associated with;
``(i) normalized capital replacement and basic
infrastructure renewals;
``(ii) replacement or rehabilitation of major Northeast
Corridor infrastructure assets, including tunnels, bridges,
stations, and other assets;
``(iii) statutory, regulatory, or other legal mandates;
``(iv) improvements to support service enhancements or
growth; or
``(v) strategic initiatives that will improve overall
operational performance or lower costs;
``(F) identify capital projects and programs that are
associated with more than 1 category described in
subparagraph (E);
``(G) describe the anticipated outcomes of each project or
program, including an assessment of--
``(i) the potential effect on passenger accessibility,
operations, safety, reliability, and resiliency;
``(ii) the ability of infrastructure owners and operators
to meet regulatory requirements if the project or program is
not funded; and
``(iii) the benefits and costs; and
``(H) include a financial plan.
``(3) Financial plan.--The financial plan under paragraph
(2)(H) shall--
``(A) identify funding sources and financing methods;
``(B) identify the expected allocated shares of costs
pursuant to the cost allocation policy developed under
section 24905(c);
``(C) identify the projects and programs that the
Commission expects will receive Federal financial assistance;
and
``(D) identify the eligible entity or entities that the
Commission expects will receive the Federal financial
assistance described under subparagraph (C).
``(b) Failure To Develop a Capital Investment Plan.--If a
capital investment plan has not been developed by the
Commission for a given fiscal year, then the funds assigned
to the account established under section 24319(b) for that
fiscal year may be spent only on--
``(1) capital projects described in clause (i) or (iii) of
subsection (a)(2)(E) of this section; or
``(2) capital projects described in subsection
(a)(2)(E)(iv) of this section that are for the sole benefit
of Amtrak.
``(c) Northeast Corridor Asset Management.--
``(1) Contents.--With regard to its infrastructure, Amtrak
and each State and public transportation entity that owns
infrastructure that supports or provides for intercity rail
passenger transportation on the Northeast Corridor shall
develop an asset management system and develop and update, as
necessary, a Northeast Corridor asset management plan for
each service territory described in subsection (a) that--
``(A) are consistent with the Federal Transit
Administration process, as authorized under section 5326,
when implemented; and
``(B) include, at a minimum--
``(i) an inventory of all capital assets owned by the
developer of the asset management plan;
``(ii) an assessment of asset condition;
``(iii) a description of the resources and processes
necessary to bring or maintain those assets in a state of
good repair, including decision-support tools and investment
prioritization methods; and
``(iv) a description of changes in asset condition since
the previous version of the plan.
``(2) Transmittal.--Each entity described in paragraph (1)
shall transmit to the Commission--
``(A) not later than 2 years after the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act, its
Northeast Corridor asset management plan developed under
paragraph (1); and
``(B) at least biennial thereafter, an update to its
Northeast Corridor asset management plan.
``(d) Northeast Corridor Service Development Plan
Updates.--Not less frequently than once every 10 years, the
Commission shall update the Northeast Corridor service
development plan.''.
(2) Conforming amendments.--
(A) Note and mortgage.--Section 24907(a) is amended by
striking ``section 24904 of this title'' and inserting
``section 24903''.
(B) Table of contents amendment.--The table of contents for
chapter 249 is amended--
(i) by redesignating the item relating to section 24904 as
relating to section 24903; and
(ii) by inserting after the item relating to section 24903,
as redesignated, the following:
``24904. Northeast Corridor planning.''.
(3) Repeal.--Section 211 of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110-
432; 49 U.S.C. 24902 note) is repealed.
SEC. 35309. NORTHEAST CORRIDOR THROUGH-TICKETING AND
PROCUREMENT EFFICIENCIES.
(a) Through-Ticketing Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Northeast Corridor Commission
established under section 24905(a) of title 49, United States
Code (referred to in this section as the ``Commission''), in
consultation with Amtrak and the commuter rail passenger
transportation providers along the Northeast Corridor shall
complete a study on the feasibility of and options for
permitting through-ticketing between Amtrak service and
commuter rail services on the Northeast Corridor.
(2) Contents.--In completing the study under paragraph (1),
the Northeast Corridor Commission shall--
(A) examine the current state of intercity and commuter
rail ticketing technologies, policies, and other relevant
aspects on the Northeast Corridor;
(B) consider and recommend technology, process, policy, or
other options that would permit through-ticketing to allow
intercity and commuter rail passengers to purchase, in a
single transaction, travel that utilizes Amtrak and
connecting commuter rail services;
(C) consider options to expand through-ticketing to include
local transit services;
(D) summarize costs, benefits, opportunities, and
impediments to developing such through-ticketing options; and
(E) develop a proposed methodology, including cost and
schedule estimates, for carrying out a pilot program on
through-ticketing on the Northeast Corridor.
(3) Report.--Not later than 60 days after the date the
study under paragraph (1) is complete, the Commission shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the study; and
(B) any recommendations for further action.
(b) Joint Procurement Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in cooperation with the
Commission, Amtrak, and commuter rail transportation
authorities on the Northeast Corridor shall complete a study
of the potential benefits resulting from Amtrak and such
authorities undertaking select joint procurements for common
materials, assets, and equipment when expending Federal funds
for such purchases.
(2) Contents.--In completing the study under paragraph (1),
the Secretary shall consider--
(A) the types of materials, assets, and equipment that are
regularly purchased by Amtrak and such authorities that are
similar and could be jointly procured;
(B) the potential benefits of such joint procurements,
including lower procurement costs, better pricing, greater
market relevancy, and other efficiencies;
(C) the potential costs of such joint procurements;
[[Page S5813]]
(D) any significant impediments to undertaking joint
procurements, including any necessary harmonization and
reconciliation of Federal and State procurement or safety
regulations or standards and other requirements; and
(E) whether to create Federal incentives or requirements
relating to considering or carrying out joint procurements
when expending Federal funds.
(3) Transmission.--Not later than 60 days after completing
the study required under this subsection, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the study; and
(B) any recommendations for further action.
(c) Northeast Corridor.--In this section, the term
``Northeast Corridor'' means the Northeast Corridor main line
between Boston, Massachusetts, and the Virginia Avenue
interlocking in the District of Columbia, and the Northeast
Corridor branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York,
including the facilities and services used to operate and
maintain those lines.
SEC. 35310. DATA AND ANALYSIS.
(a) Data.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the Surface Transportation Board, Amtrak, freight railroads,
State and local governments, and regional business, tourism
and economic development agencies shall conduct a data needs
assessment--
(1) to support the development of an efficient and
effective intercity passenger rail network;
(2) to identify the data needed to conduct cost-effective
modeling and analysis for intercity passenger rail
development programs;
(3) to determine limitations to the data used for inputs;
(4) to develop a strategy to address such limitations;
(5) to identify barriers to accessing existing data;
(6) to develop recommendations regarding whether the
authorization of additional data collection for intercity
passenger rail travel is warranted; and
(7) to determine which entities will be responsible for
generating or collecting needed data.
(b) Benefit-Cost Analysis.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
enhance the usefulness of assessments of benefits and costs,
for intercity passenger rail and freight rail projects--
(1) by providing ongoing guidance and training on
developing benefit and cost information for rail projects;
(2) by providing more direct and consistent requirements
for assessing benefits and costs across transportation
funding programs, including the appropriate use of discount
rates;
(3) by requiring applicants to clearly communicate the
methodology used to calculate the project benefits and costs,
including non-proprietary information on--
(A) assumptions underlying calculations;
(B) strengths and limitations of data used; and
(C) the level of uncertainty in estimates of project
benefits and costs; and
(4) by ensuring that applicants receive clear and
consistent guidance on values to apply for key assumptions
used to estimate potential project benefits and costs.
(c) Confidential Data.--The Secretary shall protect
sensitive or confidential to the greatest extent permitted by
law. Nothing in this section shall require any entity to
provide information to the Secretary in the absence of a
voluntary agreement.
SEC. 35311. PERFORMANCE-BASED PROPOSALS.
(a) Solicitation of Proposals.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue a request
for proposals for projects for the financing, design,
construction, operation, and maintenance of an intercity
passenger rail system, including--
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) Submission.--Proposals shall be submitted to the
Secretary not later than 180 days after the publication of
such request for proposals under paragraph (1).
(3) Performance standard.--Proposals submitted under
paragraph (2) shall meet any standards established by the
Secretary. For corridors with existing intercity passenger
rail service, proposals shall also be designed to achieve a
reduction of existing minimum intercity rail service trip
times between the main corridor city pairs by a minimum of 25
percent. In the case of a proposal submitted with respect to
paragraph (1)(A), the proposal shall be designed to achieve a
2-hour or less express service between Washington, District
of Columbia, and New York City, New York.
(4) Contents.--A proposal submitted under this subsection
shall include--
(A) the names and qualifications of the persons submitting
the proposal and the entities proposed to finance, design,
construct, operate, and maintain the railroad, railroad
equipment, and related facilities, stations, and
infrastructure;
(B) a detailed description of the proposed rail service,
including possible routes, required infrastructure
investments and improvements, equipment needs and type, train
frequencies, peak and average operating speeds, and trip
times;
(C) a description of how the project would comply with all
applicable Federal rail safety and security laws, orders, and
regulations;
(D) the locations of proposed stations, which maximize the
usage of existing infrastructure to the extent possible, and
the populations such stations are intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed to
facilitate all aspects of the project;
(G) a financing plan identifying--
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public contribution toward
the project, and proposed sources;
(iii) projected annual ridership projections for the first
10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital investments required
both initially and in subsequent years to maintain a state-
of-good-repair necessary to provide the initially proposed
level of service or higher levels of service;
(vi) projected levels of private investment and sources
thereof, including the identity of any person or entity that
has made or is expected to make a commitment to provide or
secure funding and the amount of such commitment; and
(vii) projected funding for the full fair market
compensation for any asset, property right or interest, or
service acquired from, owned, or held by a private person or
Federal entity that would be acquired, impaired, or
diminished in value as a result of a project, except as
otherwise agreed to by the private person or entity;
(H) a description of how the project would contribute to
the development of the intercity passenger rail system and an
intermodal plan describing how the system will facilitate
convenient travel connections with other transportation
services;
(I) a description of how the project will ensure compliance
with Federal laws governing the rights and status of
employees associated with the route and service, including
those specified in section 24405 of title 49, United States
Code;
(J) a description of how the design, construction,
implementation, and operation of the project will accommodate
and allow for future growth of existing and projected
intercity, commuter, and freight rail service;
(K) a description of how the project would comply with
Federal and State environmental laws and regulations, of what
environmental impacts would result from the project, and of
how any adverse impacts would be mitigated; and
(L) a description of the project's impacts on highway and
aviation congestion, energy consumption, land use, and
economic development in the service area.
(b) Determination and Establishment of Commissions.--Not
later than 90 days after receipt of the proposals under
subsection (a), the Secretary shall--
(1) make a determination as to whether any such proposals--
(A) contain the information required under paragraphs (3)
and (4) of subsection (a);
(B) are sufficiently credible to warrant further
consideration;
(C) are likely to result in a positive impact on the
Nation's transportation system; and
(D) are cost-effective and in the public interest;
(2) establish a commission under subsection (c) for each
corridor with 1 or more proposals that the Secretary
determines satisfy the requirements of paragraph (1); and
(3) forward to each commission established under paragraph
(2) the applicable proposals for review and consideration.
(c) Commissions.--
(1) Members.--Each commission established under subsection
(b)(2) shall include--
(A) the governors of the affected States, or their
respective designees;
(B) mayors of appropriate municipalities with stops along
the proposed corridor, or their respective designees;
(C) a representative from each freight railroad carrier
using the relevant corridor, if applicable;
(D) a representative from each transit authority using the
relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees; and
(F) the President of Amtrak or his or her designee.
(2) Appointment and selection.--The Secretary shall appoint
the members under paragraph (1). In selecting each
commission's members to fulfill the requirements under
subparagraphs (B) and (E) of paragraph (1), the Secretary
shall consult with the Chairperson and Ranking Member of the
Committee on Commerce, Science, and Transportation of the
Senate and of the
[[Page S5814]]
Committee on Transportation and Infrastructure of the House
of Representatives.
(3) Chairperson and vice-chairperson selection.--The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Quorum and vacancy.--
(A) Quorum.--A majority of the members of each commission
shall constitute a quorum.
(B) Vacancy.--Any vacancy in each commission shall not
affect its powers and shall be filled in the same manner in
which the original appointment was made.
(5) Application of law.--Except where otherwise provided by
this section, the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to each commission created under this
section.
(d) Commission Consideration.--
(1) In general.--Each commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals forwarded to it under that subsection
and not later than 90 days after the establishment of the
commission, shall transmit to the Secretary a report,
including--
(A) a summary of each proposal received;
(B) services to be provided under each proposal, including
projected ridership, revenues, and costs;
(C) proposed public and private contributions for each
proposal;
(D) the advantages offered by the proposal over existing
intercity passenger rail services;
(E) public operating subsidies or assets needed for the
proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project financing,
implementation, completion, safety, and security;
(G) a ranked list of the proposals recommended for further
consideration under subsection (e) in accordance with each
proposal's projected positive impact on the Nation's
transportation system;
(H) an identification of any proposed Federal legislation
that would facilitate implementation of the projects and
Federal legislation that would be required to implement the
projects; and
(I) any other recommendations by the commission concerning
the proposed projects.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission
to explain their proposals.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as
are necessary to carry out this section.
(e) Selection by Secretary.--
(1) In general.--Not later than 60 days after receiving the
recommended proposals of the commissions established under
subsection (b)(2), the Secretary shall--
(A) review such proposals and select any proposal that
provides substantial benefits to the public and the national
transportation system, is cost-effective, offers significant
advantages over existing services, and meets other relevant
factors determined appropriate by the Secretary; and
(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing any proposal with respect
to subsection (a)(1)(A) that is selected by the Secretary
under subparagraph (A) of this paragraph, all the information
regarding the proposal provided to the Secretary under
subsection (d), and any other information the Secretary
considers relevant.
(2) Subsequent report.--Following the submission of the
report under paragraph (1)(B), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing any
proposal with respect to subparagraphs (B) through (K) of
subsection (a)(1) that are selected by the Secretary under
paragraph (1) of this subsection, all the information
regarding the proposal provided to the Secretary under
subsection (d), and any other information the Secretary
considers relevant.
(3) Limitation on report submission.--The report required
under paragraph (2) shall not be submitted by the Secretary
until the report submitted under paragraph (1)(B) has been
considered through a hearing by the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives on the report submitted under paragraph
(1)(B).
(f) No Actions Without Additional Authority.--No Federal
agency may take any action to implement, establish,
facilitate, or otherwise act upon any proposal submitted
under this section, other than those actions specifically
authorized by this section, without explicit statutory
authority enacted after the date of enactment of this Act.
(g) Definitions.--In this section:
(1) Intercity passenger rail.--The term ``intercity
passenger rail'' means intercity rail passenger
transportation as defined in section 24102 of title 49,
United States Code.
(2) State.--The term ``State'' means any of the 50 States
or the District of Columbia.
SEC. 35312. AMTRAK INSPECTOR GENERAL.
(a) Authority.--
(1) In general.--The Inspector General of Amtrak shall have
the authority available to other Inspectors General, as
necessary in carrying out the duties specified in the
Inspector General Act of 1978 (5 U.S.C. App.), to investigate
any alleged violation of sections 286, 287, 371, 641, 1001,
1002 and 1516 of title 18, United States Code.
(2) Agency.--For purposes of sections 286, 287, 371, 641,
1001, 1002, and 1516 of title 18, United States Code, Amtrak
and the Amtrak Office of Inspector General, shall be
considered a corporation in which the United States has a
proprietary interest as set forth in section 6 of that title.
(b) Assessment.--The Inspector General of Amtrak shall--
(1) not later than 60 days after the date of enactment of
this Act, initiate an assessment to determine whether current
expenditures or procurements involving Amtrak's fulfillment
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) utilize competitive, market-driven provisions
that are applicable throughout the entire term of such
related expenditures or procurements; and
(2) not later than 6 months after the date of enactment of
this Act, transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the assessment under paragraph (1).
(c) Limitation.--The authority provided by subsections (a)
and (b) shall be effective only with respect to a fiscal year
for which Amtrak receives a Federal subsidy.
SEC. 35313. MISCELLANEOUS PROVISIONS.
(a) Title 49 Amendments.--
(1) Contingent interest recoveries.--Section 22106(b) is
amended by striking ``interest thereof'' and inserting
``interest thereon''.
(2) Authority.--Section 22702(b)(4) is amended by striking
``5 years for reapproval by the Secretary'' and inserting ``4
years for acceptance by the Secretary''.
(3) Contents of state rail plans.--Section 22705(a) is
amended by striking paragraph (12).
(4) Mission.--Section 24101(b) is amended by striking ``of
subsection (d)'' and inserting ``set forth in subsection
(c)''.
(5) Table of contents amendment.--The table of contents for
chapter 243 is amended by striking the item relating to
section 24316 and inserting the following:
``24316. Plans to address the needs of families of passengers involved
in rail passenger accidents.''.
(6) Update.--Section 24305(f)(3) is amended by striking
``$1,000,000'' and inserting ``$5,000,000''.
(7) Amtrak.--Chapter 247 is amended--
(A) in section 24702(a), by striking ``not included in the
national rail passenger transportation system'';
(B) in section 24706--
(i) in subsection (a)--
(I) in paragraph (1), by striking ``a discontinuance under
section 24704 or or''; and
(II) in paragraph (2), by striking ``section 24704 or'';
and
(ii) in subsection (b), by striking ``section 24704 or'';
and
(C) in section 24709, by striking ``The Secretary of the
Treasury and the Attorney General,'' and inserting ``The
Secretary of Homeland Security,''.
(b) Passenger Rail Investment and Improvement Act
Amendments.--Section 305(a) of the Passenger Rail Investment
and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended
by inserting ``nonprofit organizations representing employees
who perform overhaul and maintenance of passenger railroad
equipment,'' after ``equipment manufacturers,''.
Subtitle D--Rail Safety
PART I--SAFETY IMPROVEMENT
SEC. 35401. HIGHWAY-RAIL GRADE CROSSING SAFETY.
(a) Model State Highway-Rail Grade Crossing Action Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a model of
a State-specific highway-rail grade crossing action plan and
distribute the model plan to each State.
(2) Contents.--The plan developed under paragraph (1) shall
include--
(A) methodologies, tools, and data sources for identifying
and evaluating highway-rail grade crossing safety risks,
including the public safety risks posed by blocked highway-
rail grade crossings due to idling trains;
(B) best practices to reduce the risk of highway-rail grade
crossing accidents or incidents and to alleviate the blockage
of highway-rail grade crossings due to idling trains,
including strategies for--
(i) education, including model stakeholder engagement plans
or tools;
(ii) engineering, including the benefits and costs of
different designs and technologies used to mitigate highway-
rail grade crossing safety risks; and
(iii) enforcement, including the strengths and weaknesses
associated with different enforcement methods;
(C) for each State, a customized list and data set of the
highway-rail grade crossing accidents or incidents in that
State over the past 3 years, including the location, number
of deaths, and number of injuries for each accident or
incident; and
(D) contact information of a Department of Transportation
safety official available to assist the State in adapting the
model plan to satisfy the requirements under subsection (b).
[[Page S5815]]
(b) State Highway-Rail Grade Crossing Action Plans.--
(1) Requirements.--Not later than 18 months after the
Secretary develops and distributes the model plan under
subsection (a), the Secretary shall promulgate a rule that
requires--
(A) each State, except the 10 States identified under
section 202 of the Rail Safety Improvement Act of 2008 (49
U.S.C. 22501 note), to develop and implement a State highway-
rail grade crossing action plan; and
(B) each State that was identified under section 202 of the
Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note),
to update its State action plan under that section and submit
to the Secretary the updated State action plan and a report
describing what the State did to implement its previous State
action plan under that section and how it will continue to
reduce highway-rail grade crossing safety risks.
(2) Contents.--Each State plan required under this
subsection shall--
(A) identify highway-rail grade crossings that have
experienced recent highway-rail grade crossing accidents or
incidents, or are at high-risk for accidents or incidents;
(B) identify specific strategies for improving safety at
highway-rail grade crossings, including highway-rail grade
crossing closures or grade separations; and
(C) designate a State official responsible for managing
implementation of the State plan under subparagraph (A) or
(B) of paragraph (1), as applicable.
(3) Assistance.--The Secretary shall provide assistance to
each State in developing and carrying out, as appropriate,
the State plan under this subsection.
(4) Public availability.--Each State shall submit its final
State plan under this subsection to the Secretary for
publication. The Secretary shall make each approved State
plan publicly available on an official Internet Web site.
(5) Conditions.--The Secretary may condition the awarding
of a grant to a State under chapter 244 of title 49, United
States Code, on that State submitting an acceptable State
plan under this subsection.
(6) Review of action plans.--Not later than 60 days after
the date of receipt of a State plan under this subsection,
the Secretary shall--
(A) if the State plan is approved, notify the State and
publish the State plan under paragraph (4); and
(B) if the State plan is incomplete or deficient, notify
the State of the specific areas in which the plan is
deficient and allow the State to complete the plan or correct
the deficiencies and resubmit the plan under paragraph (1).
(7) Deadline.--Not later than 60 days after the date of a
notice under paragraph (6)(B), a State shall complete the
plan or correct the deficiencies and resubmit the plan.
(8) Failure to complete or correct plan.--If a State fails
to meet the deadline under paragraph (7), the Secretary shall
post on the Web site under paragraph (4) a notice that the
State has an incomplete or deficient highway-rail grade
crossing action plan.
(c) Railway-Highway Crossings Funds.--The Secretary may use
funds made available to carry out section 130 of title 23,
United States Code, to provide States with funds to develop a
State highway-rail grade crossing action plan under
subsection (b)(1)(A) of this section or to update a State
action plan under subsection (b)(1)(B) of this section.
(d) Definitions.--In this section:
(1) Highway-rail grade crossing.--The term ``highway-rail
grade crossing'' means a location within a State, other than
a location where 1 or more railroad tracks cross 1 or more
railroad tracks at grade, where--
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses
1 or more railroad tracks either at grade or grade-separated;
or
(B) a pathway explicitly authorized by a public authority
or a railroad carrier that is dedicated for the use of non-
vehicular traffic, including pedestrians, bicyclists, and
others, that is not associated with a public highway, road,
or street, or a private roadway, crosses 1 or more railroad
tracks either at grade or grade-separated.
(2) State.--The term ``State'' means a State of the United
States or the District of Columbia.
SEC. 35402. SPEED LIMIT ACTION PLANS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, each railroad carrier providing
intercity rail passenger transportation or commuter rail
passenger transportation, in consultation with any applicable
host railroad carrier, shall survey its entire system and
identify each main track location where there is a reduction
of more than 20 miles per hour from the approach speed to a
curve or bridge and the maximum authorized operating speed
for passenger trains at that curve or bridge.
(b) Action Plans.--Not later than 120 days after the date
that the survey under subsection (a) is complete, a rail
passenger carrier shall submit to the Secretary an action
plan that--
(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach
speed to a curve or bridge and the maximum authorized
operating speed for passenger trains at that curve or bridge;
(2) describes appropriate actions, including modification
to automatic train control systems, if applicable, other
signal systems, increased crew size, improved signage, or
other practices, including increased crew communication, to
enable warning and enforcement of the maximum authorized
speed for passenger trains at each location identified under
paragraph (1);
(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
(4) ensures compliance with the maximum authorized speed at
each location identified under paragraph (1).
(c) Approval.--Not later than 90 days after the date an
action plan is submitted under subsection (a), the Secretary
shall approve, approve with conditions, or disapprove the
action plan.
(d) Alternative Safety Measures.--The Secretary may exempt
from the requirements of this section each segment of track
for which operations are governed by a positive train control
system certified under section 20157 of title 49, United
States Code, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in
reducing derailment risk.
(e) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes--
(1) the actions the railroad carriers have taken in
response to Safety Advisory 2013-08, entitled ``Operational
Tests and Inspections for Compliance With Maximum Authorized
Train Speeds and Other Speed Restrictions'';
(2) the actions the railroad carriers have taken in
response to Safety Advisory 2015-03, entitled ``Operational
and Signal Modifications for Compliance with Maximum
Authorized Passenger Train Speeds and Other Speed
Restrictions''; and
(3) the actions the Federal Railroad Administration has
taken to evaluate or incorporate the information and findings
arising from the safety advisories referred to in paragraphs
(1) and (2) into the development of regulatory action and
oversight activities.
(f) Savings Clause.--Nothing in this section shall prohibit
the Secretary from applying the requirements of this section
to other segments of track at high risk of overspeed
derailment.
SEC. 35403. SIGNAGE.
(a) In General.--The Secretary shall promulgate such
regulations as the Secretary considers necessary to require
each railroad carrier providing intercity rail passenger
transportation or commuter rail passenger transportation, in
consultation with any applicable host railroad carrier, to
install signs to warn train crews before the train approaches
a location that the Secretary identifies as having high risk
of overspeed derailment.
(b) Alternative Safety Measures.--The Secretary may exempt
from the requirements of this section each segment of track
for which operations are governed by a positive train control
system certified under section 20157 of title 49, United
States Code, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in
reducing derailment risk.
SEC. 35404. ALERTERS.
(a) In General.--The Secretary shall promulgate a rule to
require a working alerter in the controlling locomotive of
each passenger train in intercity rail passenger
transportation (as defined in section 24102 of title 49,
United States Code) or commuter rail passenger transportation
(as defined in section 24102 of title 49, United States
Code).
(b) Rulemaking.--
(1) In general.--The Secretary may promulgate a rule to
specify the essential functionalities of a working alerter,
including the manner in which the alerter can be reset.
(2) Alternate practice or technology.--The Secretary may
require or allow a technology or practice in lieu of a
working alerter if the Secretary determines that the
technology or practice would achieve an equivalent or greater
level of safety in enhancing or ensuring appropriate
locomotive control.
SEC. 35405. SIGNAL PROTECTION.
(a) In General.--The Secretary shall promulgate regulations
to require, not later than 18 months after the date of the
enactment of this Act, that on-track safety regulations,
whenever practicable and consistent with other safety
requirements and operational considerations, include
requiring implementation of redundant signal protection, such
as shunting or other practices and technologies that achieve
an equivalent or greater level of safety, for maintenance-of-
way work crews who depend on a train dispatcher to provide
signal protection.
(b) Alternative Safety Measures.--The Secretary may exempt
from the requirements of this section each segment of track
for which operations are governed by a positive train control
system certified under section 20157 of title 49, United
States Code, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in
providing additional signal protection.
SEC. 35406. TECHNOLOGY IMPLEMENTATION PLANS.
Section 20156(e) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
[[Page S5816]]
(2) by adding at the end the following:
``(C) each railroad carrier required to submit such a plan,
until the implementation of a positive train control system
by the railroad carrier, shall analyze and, as appropriate,
prioritize technologies and practices to mitigate the risk of
overspeed derailments.''.
SEC. 35407. COMMUTER RAIL TRACK INSPECTIONS.
(a) In General.--The Secretary shall evaluate track
inspection regulations to determine if a railroad carrier
providing commuter rail passenger transportation on high
density commuter railroad lines should be required to inspect
the lines in the same manner as currently required for other
commuter railroad lines.
(b) Rulemaking.--Considering safety, including railroad
carrier employee and contractor safety, and system capacity,
the Secretary may promulgate a rule for high density commuter
railroad lines. If, after the evaluation under subsection
(a), the Secretary determines that it is necessary to
promulgate a rule, the Secretary shall specifically consider
the following regulatory requirements for high density
commuter railroad lines:
(1) At least once every 2 weeks--
(A) traverse each main line by vehicle; or
(B) inspect each main line on foot.
(2) At least once each month, traverse and inspect each
siding by vehicle or by foot.
(c) Report.--If, after the evaluation under subsection (a),
the Secretary determines it is not necessary to revise the
regulations under this section, the Secretary, not later than
18 months after the date of enactment of this Act, shall
transmit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives explaining the reasons for not revising the
regulations.
(d) Construction.--Nothing in this section may be construed
to limit the authority of the Secretary to promulgate
regulations or issue orders under any other law.
SEC. 35408. EMERGENCY RESPONSE.
(a) In General.--The Secretary, in consultation with
railroad carriers, shall conduct a study to determine whether
limitations or weaknesses exist in the emergency response
information carried by train crews transporting hazardous
materials.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall evaluate the differences between the
emergency response information carried by train crews
transporting hazardous materials and the emergency response
guidance provided in the Emergency Response Guidebook issued
by the Department of Transportation.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report of the findings of
the study under subsection (a) and any recommendations for
legislative action.
SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--The Secretary, in consultation with
railroad carriers, shall conduct a study--
(1) to determine whether limitations or weaknesses exist
regarding the availability and usefulness for safety purposes
of data on private highway-rail grade crossings; and
(2) to evaluate existing engineering practices on private
highway-rail grade crossings.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall make recommendations as necessary to
improve--
(1) the utility of the data on private highway-rail grade
crossings; and
(2) the implementation of private highway-rail crossing
safety measures, including signage and warning systems.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report of the findings of
the study and any recommendations for further action.
SEC. 35410. REPAIR AND REPLACEMENT OF DAMAGED TRACK
INSPECTION EQUIPMENT.
(a) In General.--Subchapter I of chapter 201 is amended by
inserting after section 20120 the following:
``Sec. 20121. Repair and replacement of damaged track
inspection equipment
``The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items,
from non-United States Government sources to repair damages
to or replace United States Government owned automated track
inspection cars and equipment as a result of third-party
liability for such damages, and any amounts collected under
this section shall be credited directly to the Railroad
Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation, and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.''.
(b) Conforming Amendment.--The table of contents for
subchapter I of chapter 201 is amended by adding after
section 21020 the following:
``20121. Repair and replacement of damaged track inspection
equipment.''.
SEC. 35411. RAIL POLICE OFFICERS.
(a) In General.--Section 28101 is amended--
(1) by striking ``employed by'' each place it appears and
inserting ``directly employed by or contracted by'';
(2) in subsection (b), by inserting ``or agent, as
applicable,'' after ``an employee''; and
(3) by adding at the end the following:
``(c) Transfers.--
``(1) In general.--If a railroad police officer directly
employed by or contracted by a rail carrier and certified or
commissioned as a police officer under the laws of a State
transfers primary employment or residence from the certifying
or commissioning State to another State or jurisdiction, the
railroad police officer, not later than 1 year after the date
of transfer, shall apply to be certified or commissioned as a
police office under the laws of the State of new primary
employment or residence.
``(2) Interim period.--During the period beginning on the
date of transfer and ending 1 year after the date of
transfer, a railroad police officer directly employed by or
contracted by a rail carrier and certified or commissioned as
a police officer under the laws of a State may enforce the
laws of the new jurisdiction in which the railroad police
officer resides, to the same extent as provided in subsection
(a).
``(d) Training.--
``(1) In general.--A State shall recognize as meeting that
State's basic police officer certification or commissioning
requirements for qualification as a rail police officer under
this section any individual who successfully completes a
program at a State-recognized police training academy in
another State or at a Federal law enforcement training center
and who is certified or commissioned as a police officer by
that other State.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as superseding or affecting any unique
State training requirements related to criminal law, criminal
procedure, motor vehicle code, or State-mandated comparative
or annual in-service training academy or Federal law
enforcement training center.''.
(b) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall revise the
regulations in part 207 of title 49, Code of Federal
Regulations (relating to railroad police officers), to permit
a railroad to designate an individual, who is commissioned in
the individual's State of legal residence or State of primary
employment and directly employed by or contracted by a
railroad to enforce State laws for the protection of railroad
property, personnel, passengers, and cargo, to serve in the
States in which the railroad owns property.
(c) Conforming Amendments.--
(1) Amtrak rail police.--Section 24305(e) is amended--
(A) by striking ``may employ'' and inserting ``may directly
employ or contract with'';
(B) by striking ``employed by'' and inserting ``directly
employed by or contracted by''; and
(C) by striking ``employed without'' and inserting
``directly employed or contracted without''.
(2) Secure gun storage or safety device; exceptions.--
Section 922(z)(2)(B) of title 18 is amended by striking
``employed by'' and inserting ``directly employed by or
contracted by''.
SEC. 35412. OPERATION DEEP DIVE; REPORT.
(a) Progress Reports.--Not later than 60 days after the
date of the enactment of this Act, and quarterly thereafter
until the completion date, the Administrator of the Federal
Railroad Administration shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes the progress
of Metro-North Commuter Railroad in implementing the
directives and recommendations issued by the Federal Railroad
Administration in its March 2014 report to Congress titled
``Operation Deep Dive Metro-North Commuter Railroad Safety
Assessment''.
(b) Final Report.--Not later than 30 days after the
completion date, the Administrator of the Federal Railroad
Administration shall submit a final report on the directives
and recommendations to Congress.
(c) Defined Term.--In this section, the term ``completion
date'' means the date on which Metro-North Commuter Railroad
has completed all of the directives and recommendations
referred to in subsection (a).
SEC. 35413. POST-ACCIDENT ASSESSMENT.
(a) In General.--The Secretary of Transportation, in
cooperation with the National Transportation Safety Board and
the National Railroad Passenger Corporation (referred to in
this section as ``Amtrak''), shall conduct a post-accident
assessment of the Amtrak Northeast Regional Train #188 crash
on May 12, 2015.
(b) Elements.--The assessment conducted pursuant to
subsection (a) shall include--
(1) a review of Amtrak's compliance with the plan for
addressing the needs of the families of passengers involved
in any rail passenger accident, which was submitted pursuant
to section 24316 of title 49, United States Code;
(2) a review of Amtrak's compliance with the emergency
preparedness plan required
[[Page S5817]]
under section 239.101(a) of title 49, Code of Federal
Regulations;
(3) a determination of any additional action items that
should be included in the plans referred to in paragraphs (1)
and (2) to meet the needs of the passengers involved in the
crash and their families, including--
(A) notification of emergency contacts;
(B) dedicated and trained staff to manage family
assistance;
(C) the establishment of a family assistance center at the
accident locale or other appropriate location;
(D) a system for identifying and recovering items belonging
to passengers that were lost in the crash; and
(E) the establishment of a single customer service entity
within Amtrak to coordinate the response to the needs of the
passengers involved in the crash and their families;
(4) recommendations for any additional training needed by
Amtrak staff to better implement the plans referred to in
paragraphs (1) and (2), including the establishment of a
regular schedule for training drills and exercises.
(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, Amtrak shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(1) its plan to achieve the recommendations referred to in
subsection (b)(4); and
(2) steps that have been taken to address any deficiencies
identified through the assessment.
SEC. 35414. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Assistance to Families of Passengers Involved in Rail
Passenger Accidents.--Section 1139 is amended--
(1) in subsection (a)(1), by striking ``phone number'' and
inserting ``telephone number'';
(2) in subsection (a)(2), by striking ``post trauma
communication with families'' and inserting ``post-trauma
communication with families''; and
(3) in subsection (j), by striking ``railroad passenger
accident'' each place it appears and inserting ``rail
passenger accident''.
(b) Solid Waste Rail Transfer Facility Land-Use
Exemption.--Section 10909 is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``Clean Railroad Act of 2008'' and inserting
``Clean Railroads Act of 2008''; and
(2) in subsection (e), by striking ``Upon the granting of
petition from the State'' and inserting ``Upon the granting
of a petition from the State''.
(c) Rulemaking Process.--Section 20116 is amended--
(1) by inserting ``(2)'' before ``the code, rule, standard,
requirement, or practice has been subject to notice and
comment under a rule or order issued under this part.'' and
indenting accordingly;
(2) by inserting ``(1)'' before ``unless'' and indenting
accordingly;
(3) in paragraph (1), as redesignated, by striking ``order,
or'' and inserting ``order; or''; and
(4) in the matter preceding paragraph (1), as redesignated,
by striking ``unless'' and inserting ``unless--''.
(d) Enforcement Report.--Section 20120(a) is amended--
(1) in the matter preceding paragraph (1), by striking
``website'' and inserting ``Web site'';
(2) in paragraph (1), by striking ``accident and incidence
reporting'' and inserting ``accident and incident
reporting'';
(3) in paragraph (2)(G), by inserting ``and'' at the end;
and
(4) in paragraph (5)(B), by striking ``Administrative
Hearing Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law
judge''.
(e) Railroad Safety Risk Reduction Program.--Section 20156
is amended--
(1) in subsection (c), by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(2) in subsection (g)(1)--
(A) by inserting a comma after ``good faith''; and
(B) by striking ``non-profit'' and inserting ``nonprofit''.
(f) Roadway User Sight Distance at Highway-Rail Grade
Crossings.--Section 20159 is amended by striking ``the
Secretary'' and inserting ``the Secretary of
Transportation''.
(g) National Crossing Inventory.--Section 20160 is
amended--
(1) in subsection (a)(1), by striking ``concerning each
previously unreported crossing through which it operates or
with respect to the trackage over which it operates'' and
inserting ``concerning each previously unreported crossing
through which it operates with respect to the trackage over
which it operates''; and
(2) in subsection (b)(1)(A), by striking ``concerning each
crossing through which it operates or with respect to the
trackage over which it operates'' and inserting ``concerning
each crossing through which it operates with respect to the
trackage over which it operates''.
(h) Minimum Training Standards and Plans.--Section
20162(a)(3) is amended by striking ``railroad compliance with
Federal standards'' and inserting ``railroad carrier
compliance with Federal standards''.
(i) Development and Use of Rail Safety Technology.--Section
20164(a) is amended by striking ``after enactment of the
Railroad Safety Enhancement Act of 2008'' and inserting
``after the date of enactment of the Rail Safety Improvement
Act of 2008''.
(j) Rail Safety Improvement Act of 2008.--
(1) Table of contents.--Section 1(b) of division A of the
Rail Safety Improvement Act of 2008 (Public Law 110-432; 122
Stat. 4848) is amended--
(A) in the item relating to section 307, by striking
``website'' and inserting ``Web site'';
(B) in the item relating to title VI, by striking ``solid
waste facilities'' and inserting ``solid waste rail transfer
facilities''; and
(C) in the item relating to section 602, by striking
``solid waste transfer facilities'' and inserting ``solid
waste rail transfer facilities''.
(2) Definitions.--Section 2(a)(1) of division A of the Rail
Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat.
4849) is amended in the matter preceding subparagraph (A), by
inserting a comma after ``at grade''.
(3) Railroad safety strategy.--Section 102(a)(6) of title I
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20101 note) is amended by striking ``Improving the
safety of railroad bridges, tunnels, and related
infrastructure to prevent accidents, incidents, injuries, and
fatalities caused by catastrophic failures and other bridge
and tunnel failures.'' and inserting ``Improving the safety
of railroad bridges, tunnels, and related infrastructure to
prevent accidents, incidents, injuries, and fatalities caused
by catastrophic and other failures of such infrastructure.''.
(4) Operation lifesaver.--Section 206(a) of title II of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 22501 note) is amended by striking ``Public Service
Announcements'' and inserting ``public service
announcements''.
(5) Update of federal railroad administration's web site.--
Section 307 of title III of division A of the Rail Safety
Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
(A) in the heading by striking ``FEDERAL RAILROAD
ADMINISTRATION'S WEBSITE'' and inserting ``Federal Railroad
Administration Web site'';
(B) by striking ``website'' each place it appears and
inserting ``Web site''; and
(C) by striking ``website's'' and inserting ``Web site's''.
(6) Alcohol and controlled substance testing for
maintenance-of-way employees.--Section 412 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20140 note) is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary''.
(7) Tunnel information.--Section 414 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20103 note) is amended--
(A) by striking ``parts 171.8, 173.115'' and inserting
``sections 171.8, 173.115''; and
(B) by striking ``part 1520.5'' and inserting ``section
1520.5''.
(8) Safety inspections in mexico.--Section 416 of title IV
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20107 note) is amended--
(A) in the matter preceding paragraph (1), by striking
``Secretary of Transportation'' and inserting ``Secretary'';
and
(B) in paragraph (4), by striking ``subsection'' and
inserting ``section''.
(9) Heading of title vi.--The heading of title VI of
division A of the Rail Safety Improvement Act of 2008 (122
Stat. 4900) is amended by striking ``SOLID WASTE FACILITIES''
and inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
(10) Heading of section 602.--Section 602 of title VI of
division A of the Rail Safety Improvement Act of 2008 (122
Stat. 4900) is amended by striking ``solid waste transfer
facilities'' and inserting ``solid waste rail transfer
facilities''.
SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-
RAIL GRADE CROSSINGS.
The Comptroller General of the United States shall submit a
report to Congress containing the results of a study
evaluating the effectiveness of the Federal Railroad
Administration's final rule on the use of locomotive horns at
highway-rail grade crossings, which was published in the
Federal Register on August 17, 2006 (71 Fed. Reg. 47614).
SEC. 35416. BRIDGE INSPECTION REPORTS.
Section 417(d) of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20103 note) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Availability of bridge inspection reports.--The
Administrator of the Federal Railroad Administration shall--
``(A) maintain a copy of the most recent bridge inspection
reports prepared in accordance with section (b)(5); and
``(B) provide copies of the reports described in
subparagraph (A) to appropriate State and local government
transportation officials, upon request.''.
PART II--CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
SEC. 35421. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
(a) In General.--Chapter 244, as amended by section 35302
of this Act, is further amended by adding at the end the
following:
[[Page S5818]]
``Sec. 24408. Consolidated rail infrastructure and safety
improvements
``(a) General Authority.--The Secretary may make grants
under this section to an eligible recipient to assist in
financing the cost of improving passenger and freight rail
transportation systems in terms of safety, efficiency, or
reliability.
``(b) Eligible Recipients.--The following entities are
eligible to receive a grant under this section:
``(1) A State.
``(2) A group of States.
``(3) An Interstate Compact.
``(4) A public agency or publicly chartered authority
established by 1 or more States and having responsibility for
providing intercity rail passenger, commuter rail passenger,
or freight rail transportation service.
``(5) A political subdivision of a State.
``(6) Amtrak or another rail passenger carrier that
provides intercity rail passenger transportation (as defined
in section 24102) or commuter rail passenger transportation
(as defined in section 24102).
``(7) A Class II railroad or Class III railroad (as those
terms are defined in section 20102).
``(8) Any rail carrier or rail equipment manufacturer in
partnership with at least 1 of the entities described in
paragraphs (1) through (5).
``(9) Any entity established to procure, manage, or
maintain passenger rail equipment under section 305 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(10) An organization that is actively involved in the
development of operational and safety-related standards for
rail equipment and operations or the implementation of
safety-related programs.
``(11) The Transportation Research Board and any entity
with which it contracts in the development of rail-related
research, including cooperative research programs.
``(12) A University transportation center actively engaged
in rail-related research.
``(13) A non-profit labor organization representing a class
or craft of employees of railroad carriers or railroad
carrier contractors.
``(c) Eligible Projects.--The following projects are
eligible to receive grants under this section:
``(1) Deployment of railroad safety technology, including
positive train control and rail integrity inspection systems.
``(2) A capital project as defined in section 24401, except
that a project shall not be required to be in a State rail
plan developed under chapter 227.
``(3) A capital project identified by the Secretary as
being necessary to address congestion challenges affecting
rail service.
``(4) A highway-rail grade crossing improvement, including
grade separations, private highway-rail grade crossing
improvements, and safety engineering improvements to reduce
risk in quiet zones or potential quiet zones.
``(5) A rail line relocation project.
``(6) A capital project to improve short-line or regional
railroad infrastructure.
``(7) Development of public education, awareness, and
targeted law enforcement activities to reduce violations of
traffic laws at highway-rail grade crossings and to help
prevent and reduce injuries and fatalities along railroad
rights-of-way.
``(8) The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.
``(9) Any project that the Secretary considers necessary to
enhance multimodal connections or facilitate service
integration between rail service and other modes, including
between intercity rail passenger transportation and intercity
bus service.
``(10) The development of rail-related capital, operations,
and safety standards.
``(11) The implementation and operation of a safety program
or institute designed to improve rail safety culture and rail
safety performance.
``(12) Any research that the Secretary considers necessary
to advance any particular aspect of rail-related capital,
operations, or safety improvements.
``(13) Workforce development activities, coordinated to the
extent practicable with the existing local training programs
supported by the Department of Transportation, Department of
Labor, and Department of Education.
``(d) Application Process.--The Secretary shall prescribe
the form and manner of filing an application under this
section.
``(e) Project Selection Criteria.--
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall--
``(A) give preference to a proposed project for which the
proposed Federal share of total project costs does not exceed
50 percent; and
``(B) after factoring in preference to projects under
subparagraph (A), select projects that will maximize the net
benefits of the funds appropriated for use under this
section, considering the cost-benefit analysis of the
proposed project, including anticipated private and public
benefits relative to the costs of the proposed project and
factoring in the other considerations described in paragraph
(2).
``(2) Other considerations.--The Secretary shall also
consider the following:
``(A) The degree to which the proposed project's business
plan considers potential private sector participation in the
financing, construction, or operation of the project;
``(B) The recipient's past performance in developing and
delivering similar projects, and previous financial
contributions;
``(C) Whether the recipient has or will have the legal,
financial, and technical capacity to carry out the proposed
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities;
``(D) If applicable, the consistency of the proposed
project with planning guidance and documents set forth by the
Secretary or required by law or State rail plans developed
under chapter 227;
``(E) If applicable, any technical evaluation ratings that
proposed project received under previous competitive grant
programs administered by the Secretary; and
``(F) Such other factors as the Secretary considers
relevant to the successful delivery of the project.
``(3) Benefits.--The benefits described in paragraph (1)(B)
may include the effects on system and service performance,
including measures such as improved safety, competitiveness,
reliability, trip or transit time, resilience, efficiencies
from improved integration with other modes, and ability to
meet existing or anticipated demand.
``(f) Performance Measures.--The Secretary shall establish
performance measures for each grant recipient to assess
progress in achieving strategic goals and objectives. The
Secretary may require a grant recipient to periodically
report information related to such performance measures.
``(g) Rural Areas.--
``(1) In general.--Of the amounts appropriated under this
section, at least 25 percent shall be available for projects
in rural areas. The Secretary shall consider a project to be
in a rural area if all or the majority of the project
(determined by the geographic location or locations where the
majority of the project funds will be spent) is located in a
rural area.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means any area not in an urbanized area, as
defined by the Census Bureau.
``(h) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this subsection based on
the best available information, including engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total project
costs under this subsection shall not exceed 80 percent.
``(3) Treatment of passenger rail revenue.--If Amtrak or
another rail passenger carrier is an applicant under this
section, Amtrak or the other rail passenger carrier, as
applicable, may use ticket and other revenues generated from
its operations and other sources to satisfy the non-Federal
share requirements.
``(i) Applicability.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements of
this chapter.
``(j) Availability.--Amounts appropriated for carrying out
this section shall remain available until expended.''.
(b) Conforming Amendment.--The table of contents of chapter
244, as amended by section 35302 of this Act, is amended by
adding after the item relating to section 24407 the
following:
``24408. Consolidated rail infrastructure and safety improvements.''.
PART III--HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY
ENHANCEMENTS
SEC. 35431. REAL-TIME EMERGENCY RESPONSE INFORMATION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Homeland Security, shall promulgate
regulations--
(1) to require a Class I railroad transporting hazardous
materials--
(A) to generate accurate, real-time, and electronic train
consist information, including--
(i) the identity, quantity, and location of hazardous
materials on a train;
(ii) the point of origin and destination of the train;
(iii) any emergency response information or resources
required by the Secretary; and
(iv) an emergency response point of contact designated by
the Class I railroad; and
(B) to enter into a memorandum of understanding with each
applicable fusion center to provide that fusion center with
secure and confidential access to the electronic train
consist information described in subparagraph (A) for each
train transporting hazardous materials in that fusion
center's jurisdiction;
(2) to require each applicable fusion center to provide the
electronic train consist information described in paragraph
(1)(A) to first responders, emergency response officials, and
law enforcement personnel that are involved in the response
to or investigation of an incident, accident, or public
health or safety emergency involving the rail transportation
of hazardous materials and that request such electronic train
consist information;
(3) upon the request of each State, political subdivision
of a State, or public agency responsible for emergency
response or law enforcement, to require each applicable
fusion
[[Page S5819]]
center to provide advance notice for each high-hazard
flammable train traveling through the jurisdiction of each
State, political subdivision of a State, or public agency,
which notice shall include the electronic train consist
information described in paragraph (1)(A) for the high-hazard
flammable train, and to the extent practicable, for
requesting States, political subdivisions, or public
agencies, to ensure that the fusion center shall provide at
least 12 hours of advance notice for a high-hazard flammable
train that will be traveling through the jurisdiction of the
State, political subdivision of a State, or public agency,
and include within the notice its best estimate of the time
the train will enter the jurisdiction;
(4) to prohibit any railroad, employee, or agent from
withholding, or causing to be withheld the train consist
information from first responders, emergency response
officials, and law enforcement personnel described in
paragraph (2) in the event of an incident, accident, or
public health or safety emergency involving the rail
transportation of hazardous materials;
(5) to establish security and confidentiality protections
to prevent the release of the electronic train consist
information to unauthorized persons; and
(6) to allow each Class I railroad to enter into a
memorandum of understanding with any Class II or Class III
railroad that operates trains over the Class I railroad's
line to incorporate the Class II or Class III railroad's
train consist information within the existing framework
described in paragraph (1).
(b) Definitions.--In this section:
(1) Applicable fusion center.--The term ``applicable fusion
center'' means a fusion center with responsibility for a
geographic area in which a Class I railroad operates.
(2) Class i railroad.--The term ``Class I railroad'' has
the meaning given the term in section 20102 of title 49,
United States Code.
(3) Fusion center.--The term ``fusion center'' has the
meaning given the term in section 124h(j) of title 6, United
States Code.
(4) Hazardous materials.--The term ``hazardous materials''
means material designated as hazardous by the Secretary of
Transportation under chapter 51 of the United States Code.
(5) High-hazard flammable train.--The term ``high-hazard
flammable train'' means a single train transporting 20 or
more tank cars loaded with a Class 3 flammable liquid in a
continuous block or a single train transporting 35 or more
tank cars loaded with a Class 3 flammable liquid throughout
the train consist.
(6) Train consist.--The term ``train consist'' includes,
with regard to a specific train, the number of rail cars and
the commodity transported by each rail car.
(c) Savings Clause.--
(1) Nothing in this section may be construed to prohibit a
Class I railroad from voluntarily entering into a memorandum
of understanding, as described in subsection (a)(1)(B), with
a State emergency response commission or an entity
representing or including first responders, emergency
response officials, and law enforcement personnel.
(2) Nothing in this section may be construed to amend any
requirement for a railroad to provide a State Emergency
Response Commission, for each State in which it operates
trains transporting 1,000,000 gallons or more of Bakken crude
oil, notification regarding the expected movement of such
trains through the counties in the State.
SEC. 35432. THERMAL BLANKETS.
(a) Requirements.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to require each tank car built
to meet the DOT-117 specification and each non-jacketed tank
car modified to meet the DOT-117R specification--
(1) to be equipped with a thermal blanket; or
(2) to have sufficient thermal resistance so that there
will be no release of any lading within the tank car, except
release through the pressure relief device, when subjected to
a pool fire for 200 minutes and a torch fire for 30 minutes.
(b) Definition of Thermal Blanket.--In this section, the
term ``thermal blanket'' means an insulating blanket that is
applied between the outer surface of a tank car tank and the
inner surface of a tank car jacket and that has thermal
conductivity no greater than 2.65 Btu per inch, per hour, per
square foot, and per degree Fahrenheit at a temperature of
2000 degrees Fahrenheit, plus or minus 100 degrees
Fahrenheit.
(c) Savings Clause.--
(1) Pressure relief devices.--Nothing in this section may
be construed to affect or prohibit any requirement to equip
with appropriately sized pressure relief devices a tank car
built to meet the DOT-117 specification or a non-jacketed
tank car modified to meet the DOT-117R specification.
(2) Harmonization.--Nothing in this section may be
construed to require or allow the Secretary to prescribe an
implementation deadline or authorization end date for the
requirement under subsection (a) that is earlier than the
applicable implementation deadline or authorization end date
for other tank car modifications necessary to meet the DOT-
117R specification.
SEC. 35433. COMPREHENSIVE OIL SPILL RESPONSE PLANS.
(a) Requirements.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall issue a notice
of proposed rulemaking to require each railroad carrier
transporting a Class 3 flammable liquid to maintain a
comprehensive oil spill response plan.
(b) Contents.--The regulations under subsection (a) shall
require each rail carrier described in that subsection--
(1) to include in the comprehensive oil spill response plan
procedures and resources for responding, to the maximum
extent practicable, to a worst-case discharge;
(2) to ensure the comprehensive oil spill response plan is
consistent with the National Contingency Plan and each
applicable Area Contingency Plan;
(3) to include in the comprehensive oil spill response plan
appropriate notification and training procedures;
(4) to review and update its comprehensive oil spill
response plan as appropriate; and
(5) to provide the comprehensive oil spill response plan
for acceptance by the Secretary.
(c) Savings Clause.--Nothing in the section may be
construed as prohibiting the Secretary from promulgating
different comprehensive oil response plan standards for Class
I, Class II, and Class III railroads.
(d) Definitions.--In this section:
(1) Area contingency plan.--The term ``Area Contingency
Plan'' has the meaning given the term in section 311(a) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(a)).
(2) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(3) Class i railroad, class ii railroad, and class iii
railroad.--The terms ``Class I railroad'', ``Class II
railroad'' and ``Class III railroad'' have the meanings given
the terms in section 20102 of title 49, United States Code.
(4) National contingency plan.--The term ``National
Contingency Plan'' has the meaning given the term in section
1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
(5) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49,
United States Code.
(6) Worst-case discharge.--The term ``worst-case
discharge'' means a railroad carrier's calculation of its
largest foreseeable discharge in the event of an accident or
incident.
SEC. 35434. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall initiate a study
on the levels and structure of insurance for a railroad
carrier transporting hazardous materials.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall evaluate--
(1) the level and structure of insurance, including self-
insurance, available in the private market against the full
liability potential for damages arising from an accident or
incident involving a train transporting hazardous materials;
(2) the level and structure of insurance that would be
necessary and appropriate--
(A) to efficiently allocate risk and financial
responsibility for claims; and
(B) to ensure that a railroad carrier transporting
hazardous materials can continue to operate despite the risk
of an accident or incident;
(3) the potential applicability to trains transporting
hazardous materials of--
(A) a liability regime modeled after section 170 of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2210); and
(B) a liability regime modeled after subtitle 2 of title
XXI of the Public Health Service Act (42 U.S.C. 300aa-10 et
seq.).
(c) Report.--Not later than 1 year after the date the study
under subsection (a) is initiated, the Secretary shall submit
a report containing the results of the study and
recommendations for addressing liability issues with rail
transportation of hazardous materials to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(d) Definitions.--In this section:
(1) Hazardous material.--The term ``hazardous material''
means a substance or material the Secretary designates under
section 5103(a) of title 49, United States Code.
(2) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49,
United States Code.
SEC. 35435. STUDY AND TESTING OF ELECTRONICALLY-CONTROLLED
PNEUMATIC BRAKES.
(a) Government Accountability Office Study.--
(1) In general.--The Government Accountability Office shall
complete an independent evaluation of ECP brake systems pilot
program data and the Department of Transportation's research
and analysis on the effects of ECP brake systems.
(2) Study elements.--In completing the independent
evaluation under paragraph (1), the Government Accountability
Office shall examine the following issues related to ECP
brake systems:
(A) Data and modeling results on safety benefits relative
to conventional brakes and to other braking technologies or
systems, such as distributed power and 2-way end-of-train
devices.
(B) Data and modeling results on business benefits,
including the effects of dynamic braking.
[[Page S5820]]
(C) Data on costs, including up-front capital costs and on-
going maintenance costs.
(D) Analysis of potential operational challenges, including
the effects of potential locomotive and car segregation,
technical reliability issues, and network disruptions.
(E) Analysis of potential implementation challenges,
including installation time, positive train control
integration complexities, component availability issues, and
tank car shop capabilities.
(F) Analysis of international experiences with the use of
advanced braking technologies.
(3) Deadline.--Not later than 18 months after the date of
enactment of this Act, the Government Accountability Office
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the independent
evaluation under paragraph (1).
(b) Emergency Braking Application Testing.--
(1) In general.--The Secretary of Transportation shall
enter into an agreement with the NCRRP Board--
(A) to complete testing of ECP brake systems during
emergency braking application, including more than 1 scenario
involving the uncoupling of a train with 70 or more DOT 117-
specification or DOT 117R-specification tank cars; and
(B) to transmit, not later than 18 months after the date of
enactment of this Act, to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the testing.
(2) Independent experts.--In completing the testing under
paragraph (1), the NCRRP Board may contract with 1 or more
engineering or rail experts, as appropriate, with relevant
experience in conducting railroad safety technology tests or
similar crash tests.
(3) Testing framework.--In completing the testing under
paragraph (1), the NCRRP Board and each contractor described
in paragraph (2) shall ensure that the testing objectively,
accurately, and reliably measures the performance of ECP
brake systems relative to other braking technologies or
systems, such as distributed power and 2-way end-of-train
devices, including differences in--
(A) the number of cars derailed;
(B) the number of cars punctured;
(C) the measures of in-train forces; and
(D) the stopping distance.
(4) Funding.--The Secretary shall require, as part of the
agreement under paragraph (1), that the NCRRP Board fund the
testing required under this section--
(A) using such sums made available under section 24910 of
title 49, United States Code; and
(B) to the extent funding under subparagraph (A) is
insufficient or unavailable to fund the testing required
under this section, using such sums as are necessary from the
amounts appropriated to the Office of the Secretary.
(5) Equipment.--The NCRRP Board and each contractor
described in paragraph (2) may receive or use rolling stock,
track, and other equipment or infrastructure from a private
entity for the purposes of conducting the testing required
under this section.
(c) Evidence-based Approach.--
(1) Analysis.--The Secretary shall--
(A) not later than 90 days after the report date, fully
incorporate and reflect the findings from both reports into a
draft updated regulatory impact analysis of the effects of
the applicable ECP brake system requirements;
(B) as soon as practicable after completion of the draft
updated analysis under subparagraph (A), solicit public
comment on the analysis for a period of not more than 30
days; and
(C) not later than 60 days after the end of the public
comment period, post the final updated regulatory impact
analysis on the Department of Transportation Web site.
(2) Determination.--Not later than 180 days after the
report date, the Secretary shall--
(A) determine, based on whether the final regulatory impact
analysis described in paragraph (1)(C) demonstrates that the
benefits, including safety benefits, of the applicable ECP
brake system requirements exceed their costs, whether the
applicable ECP brake system requirements are justified; and
(B)(i) if the applicable ECP brake system requirements are
justified, publish in the Federal Register the determination
with the reasons for it; or
(ii) if the Secretary does not publish the determination
under clause (i), repeal the applicable ECP brake system
requirements.
(d) Definitions.--In this section:
(1) Applicable ecp brake system requirements.--The term
``applicable brake system requirements'' means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v),
179.102-10, 179.202-12(g), and 179.202-13(i) of title 49,
Code of Federal Regulations, and any other regulation in
effect on the date of enactment of this Act requiring the
installation of ECP brakes or operation in ECP brake mode.
(2) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(3) ECP.--The term ``ECP'' means electronically-controlled
pneumatic when applied to a brake or brakes.
(4) ECP brake mode.--The term ``ECP brake mode'' includes
any operation of a rail car or an entire train using an ECP
brake system.
(5) ECP brake system.--
(A) In general.--The term ``ECP brake system'' means a
train power braking system actuated by compressed air and
controlled by electronic signals from the locomotive or an
ECP-EOT to the cars in the consist for service and emergency
applications in which the brake pipe is used to provide a
constant supply of compressed air to the reservoirs on each
car but does not convey braking signals to the car.
(B) Inclusions.--The term ``ECP brake system'' includes
dual mode and stand-alone ECP brake systems.
(6) High-hazard flammable unit train.--The term ``high-
hazard flammable unit train'' means a single train
transporting 70 or more loaded tank cars containing Class 3
flammable liquid.
(7) NCRRP board.--The term ``NCRRP Board'' means the
independent governing board of the National Cooperative Rail
Research Program.
(8) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49,
United States Code.
(9) Report date.--The term ``report date'' means the date
that both the report under subsection (a)(3) and the report
under subsection (b)(1)(B) have been transmitted under those
subsections.
SEC. 35436. RECORDING DEVICES.
(a) In General.--Subchapter II of chapter 201 is amended by
adding after section 20167 the following:
``Sec. 20168. Installation of audio and image recording
devices
``(a) In General.--Not later than 2 years after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, the Secretary of Transportation shall promulgate
regulations to require each rail carrier that provides
regularly scheduled intercity rail passenger or commuter rail
passenger transportation to the public to install inward- and
outward-facing image recording devices in all controlling
locomotive cabs and cab car operating compartments in such
passenger trains.
``(b) Device Standards.--Each inward- and outward-facing
image recording device shall--
``(1) have a minimum 12-hour continuous recording
capability;
``(2) have crash and fire protections for any in-cab image
recordings that are stored only within a controlling
locomotive cab or cab car operating compartment; and
``(3) have recordings accessible for review during an
accident investigation.
``(c) Review.--The Secretary shall establish a process to
review and approve or disapprove an inward- or outward-facing
recording device for compliance with the standards described
in subsection (b).
``(d) Uses.--A rail carrier that has installed an inward-
or outward-facing image recording device approved under
subsection (c) may use recordings from that inward- or
outward-facing image recording device for the following
purposes:
``(1) Verifying that train crew actions are in accordance
with applicable safety laws and the rail carrier's operating
rules and procedures.
``(2) Assisting in an investigation into the causation of a
reportable accident or incident.
``(3) Carrying out efficiency testing and system-wide
performance monitoring programs.
``(4) Documenting a criminal act or monitoring unauthorized
occupancy of the controlling locomotive cab or car operating
compartment.
``(5) Other purposes that the Secretary considers
appropriate.
``(e) Voluntary Implementation.--
``(1) In general.--Each rail carrier operating freight rail
service may implement any inward- or outward-facing image
recording devices approved under subsection (c).
``(2) Authorized uses.--Notwithstanding any other provision
of law, each rail carrier may use recordings from an inward-
or outward-facing image recording device approved under
subsection (c) for any of the purposes described in
subsection (d).
``(f) Discretion.--
``(1) In general.--The Secretary may--
``(A) require in-cab audio recording devices for the
purposes described in subsection (d); and
``(B) define in appropriate technical detail the essential
features of the devices required under subparagraph (A).
``(2) Exemptions.--The Secretary may exempt any rail
passenger carrier or any part of a rail passenger carrier's
operations from the requirements under subsection (a) if the
Secretary determines that the rail passenger carrier has
implemented an alternative technology or practice that
provides an equivalent or greater safety benefit or is better
suited to the risks of the operation.
``(g) Tampering.--A rail carrier may take appropriate
enforcement or administrative action against any employee
that tampers with or disables an audio or inward- or outward-
facing image recording device installed by the rail carrier.
``(h) Preservation of Data.--Each rail passenger carrier
subject to the requirements of subsection (a) shall preserve
recording device data for 1 year after the date of a
reportable accident or incident.
``(i) Information Protections.--The Secretary may not
disclose publicly any part of
[[Page S5821]]
an in-cab audio or image recording or transcript of oral
communications by or among train employees or other operating
employees responsible for the movement and direction of the
train, or between such operating employees and company
communication centers, related to an accident investigated by
the Secretary. However, the Secretary shall make public any
part of a transcript or any written depiction of visual
information that the Secretary decides is relevant to the
accident at the time a majority of the other factual reports
on the accident are released to the public.
``(j) Prohibited Use.--An in-cab audio or image recording
obtained by a rail carrier under this section may not be used
to retaliate against an employee.
``(k) Savings Clause.--Nothing in this section may be
construed as requiring a rail carrier to cease or restrict
operations upon a technical failure of an inward- or outward-
facing image recording device. Such rail carrier shall repair
or replace the failed inward- or outward-facing image
recording device as soon as practicable.''.
(b) Conforming Amendment.--The table of contents for
subchapter II of chapter 201 is amended by adding at the end
the following:
``20168. Installation of audio and image recording devices.''.
SEC. 35437. RAIL PASSENGER TRANSPORTATION LIABILITY.
(a) Limitations.--Section 28103(a) is amended--
(1) in paragraph (2), by striking ``$200,000,000'' and
inserting ``$295,000,000, except as provided in paragraph
(3).''; and
(2) by adding at the end the following:
``(3) The liability cap under paragraph (2) shall be
adjusted every 5 years by the Secretary of Transportation to
reflect changes in the Consumer Price Index-All Urban
Consumers.
``(4) The Federal Government shall have no financial
responsibility for any claims described in paragraph (2).''.
(b) Definition of Rail Passenger Transportation.--Section
28103(e) is amended--
(1) in the heading, by striking ``Definition.--'' and
inserting ``Definitions.--'';
(2) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `rail passenger transportation' includes
commuter rail passenger transportation (as defined in section
24102).''.
(c) Prohibition.--No Federal funds may be appropriated for
the purpose of paying for the portion of an insurance premium
attributable to the increase in allowable awards under the
amendments made by subsection (a).
(d) Effective Date.--The amendments made by subsection (a)
shall be effective for any passenger rail accident or
incident occurring on or after May 12, 2015.
SEC. 35438. MODIFICATION REPORTING.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement a
reporting requirement to monitor industry-wide progress
toward modifying tank cars used in high-hazard flammable
train service by the applicable deadlines or authorization
end dates set in regulation.
(b) Tank Car Data.--The Secretary shall collect data from
shippers and tank car owners on--
(1) the total number of tank cars modified to meet the DOT-
117R specification, or equivalent, specifying--
(A) the type or specification of each tank car before it
was modified, including non-jacketed DOT-111, jacketed DOT-
111, non-jacketed DOT-111 meeting the CPC-1232 standard, or
jacketed DOT-111 meeting the CPC-1232 standard; and
(B) the identification number of each Class 3 flammable
liquid carried by each tank car in the past year;
(2) the total number of tank cars built to meet the DOT-117
specification, or equivalent; and
(3) the total number of tank cars used or likely to be used
in high-hazard flammable train service that have not been
modified, specifying--
(A) the type or specification of each tank car not
modified, including the non-jacketed DOT-111, jacketed DOT-
111, non-jacketed DOT-111 meeting the CPC-1232 standard, or
jacketed DOT-111 meeting the CPC-1232 standard; and
(B) the identification number of each Class 3 flammable
liquid carried by each tank car in the past year.
(c) Tank Car Shop Data.--The Secretary shall conduct a
survey of tank car facilities modifying tank cars to the DOT-
117R specification, or equivalent, or building new tank cars
to the DOT-117 specification, or equivalent, to generate
statistically-valid estimates of the expected number of tank
cars those facilities expect to modify to DOT-117R
specification, or equivalent, or build to the DOT-117
specification, or equivalent.
(d) Frequency.--The Secretary shall collect the data under
subsection (b) and conduct the survey under subsection (c)
annually until May 1, 2025.
(e) Information Protections.--
(1) In general.--The Secretary shall only report data in
industry-wide totals and shall treat company-specific
information as confidential business information.
(2) Level of confidentiality.--The Secretary shall ensure
the data collected under subsection (b) and the survey data
under subsection (c) have the same level of confidentiality
as contained in the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as
administered by the Bureau of Transportation Statistics.
(3) Designee.--The Secretary may designate the Director of
the Bureau of Transportation Statistics to collect data under
subsection (b) and the survey data under subsection (c) and
direct the Director to ensure the confidentially of company-
specific information to the maximum extent permitted by law.
(f) Report.--Each year, not later than 60 days after the
date that both the collection of the data under subsection
(b) and the survey under subsection (c) are complete, the
Secretary shall report on the aggregate results, without
company-specific information, to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(g) Definitions.--In this section:
(1) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(2) High-hazard flammable train.--The term ``high-hazard
flammable train'' means a single train transporting 20 or
more tank cars loaded with a Class 3 flammable liquid in a
continuous block or a single train transporting 35 or more
tank cars loaded with a Class 3 flammable liquid throughout
the train consist.
SEC. 35439. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH
STUDY.
Not later than 180 days after the research completion of
the comprehensive Crude Oil Characteristics Research
Sampling, Analysis, and Experiment (SAE) Plan study at Sandia
National Laboratories, the Secretary of Energy, in
cooperation with the Secretary of Transportation, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Energy and Commerce of
the House of Representatives that contains--
(1) the results of the comprehensive Crude Oil
Characteristics Research Sampling, Analysis, and Experiment
(SAE) Plan study; and
(2) recommendations, based on the findings of the study,
for--
(A) regulations that should be prescribed by the Secretary
of Transportation or the Secretary of Energy to improve the
safe transport of crude oil; and
(B) statutes that should be enacted by Congress to improve
the safe transport of crude oil.
PART IV--POSITIVE TRAIN CONTROL
SEC. 35441. COORDINATION OF SPECTRUM.
(a) Assessment.--The Secretary, in coordination with the
Chairman of the Federal Communications Commission, shall
assess spectrum needs and availability for implementing
positive train control systems (as defined in section
20157(i)(3) of title 49, United States Code). The Secretary
and the Chairman may consult with external stakeholders in
carrying out this section.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that contains the results of
the assessment conducted under subsection (a).
SEC. 35442. UPDATED PLANS.
(a) Implementation.--Section 20157(a) is amended to read as
follows:
``(a) Implementation.--
``(1) Plan required.--Each Class I railroad carrier and
each entity providing regularly scheduled intercity or
commuter rail passenger transportation shall develop and
submit to the Secretary of Transportation a plan for
implementing a positive train control system by December 31,
2015, governing operations on--
``(A) its main line over which intercity rail passenger
transportation or commuter rail passenger transportation (as
defined in section 24102) is regularly provided;
``(B) its main line over which poison- or toxic-by-
inhalation hazardous materials (as defined in sections 171.8,
173.115, and 173.132 of title 49, Code of Federal
Regulations) are transported; and
``(C) such other tracks as the Secretary may prescribe by
regulation or order.
``(2) Interoperability and prioritization.--The plan shall
describe how the railroad carrier or other entity subject to
paragraph (1) will provide for interoperability of the
positive train control systems with movements of trains of
other railroad carriers over its lines and shall, to the
extent practical, implement the positive train control
systems in a manner that addresses areas of greater risk
before areas of lesser risk.
``(3) Secretarial review of updated plans.--
``(A) Submission of updated plans.--Notwithstanding the
deadline set forth in paragraph (1), not later than 90 days
after the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act, each Class I railroad
carrier or other entity subject to
[[Page S5822]]
paragraph (1) may submit to the Secretary an updated plan
that amends the plan submitted under paragraph (1) with an
updated implementation schedule (as described in paragraph
(4)(B)) and milestones or metrics (as described in paragraph
(4)(A)) that demonstrate that the railroad carrier or other
entity will implement a positive train control system as soon
as practicable, if implementing in accordance with the
updated plan will not introduce operational challenges or
risks to full, successful, and safe implementation.
``(B) Review of updated plans.--Not later than 150 days
after receiving an updated plan under subparagraph (A), the
Secretary shall review the updated plan and approve or
disapprove it. In determining whether to approve or
disapprove the updated plan, the Secretary shall consider
whether the railroad carrier or other entity submitting the
plan--
``(i)(I) has encountered technical or programmatic
challenges identified by the Secretary in the 2012 report
transmitted to Congress pursuant to subsection (d); and
``(II) the challenges referred to in subclause (I) have
negatively affected the successful implementation of positive
train control systems;
``(ii) has demonstrated due diligence in its effort to
implement a positive train control system;
``(iii) has included in its plan milestones or metrics that
demonstrate the railroad carrier or other entity will
implement a positive train control system as soon as
practicable, if implementing in accordance with the
milestones or metrics will not introduce operational
challenges or risks to full, successful, and safe
implementation; and
``(iv) has set an implementation schedule in its plan that
shows the railroad will comply with paragraph (7), if
implementing in accordance with the implementation schedule
will not introduce operational challenges or risks to full,
successful, and safe implementation.
``(C) Modification of updated plans.--(i) If the Secretary
has not approved an updated plan under subparagraph (B)
within 60 days of receiving the updated plan under
subparagraph (A), the Secretary shall immediately--
``(I) provide a written response to the railroad carrier or
other entity that identifies the reason for not approving the
updated plan and explains any incomplete or deficient items;
``(II) allow the railroad carrier or other entity to
submit, within 30 days of receiving the written response
under subclause (I), a modified version of the updated plan
for the Secretary's review; and
``(III) approve or issue final disapproval for a modified
version of the updated plan submitted under subclause (II)
not later than 60 days after receipt.
``(ii) During the 60-day period described in clause
(i)(III), the railroad or other entity that has submitted a
modified version of the updated plan under clause (i)(II) may
make additional modifications, if requested by the Secretary,
for the purposes of correcting incomplete or deficient items
to receive approval.
``(D) Public availability.--Not later than 30 days after
approving an updated plan under this paragraph, the Secretary
shall make the updated plan available on the website of the
Federal Railroad Administration.
``(E) Pending reviews.--For an applicant that submits an
updated plan under subparagraph (A), the Secretary shall
extend the deadline for implementing a positive train control
system at least until the date the Secretary approves or
issues final disapproval for the updated plan with an updated
implementation schedule (as described in paragraph (4)(B)).
``(F) Disapproval.--A railroad carrier or other entity that
has its modified version of its updated plan disapproved by
the Secretary under subparagraph (C)(i)(III), and that has
not implemented a positive train control system by the
deadline in subsection (a)(1), is subject to enforcement
action authorized under subsection (e).
``(4) Contents of updated plan.--
``(A) Milestones or metrics.--Each updated plan submitted
under paragraph (3) shall describe the following milestones
or metrics:
``(i) The total number of components that will be installed
with positive train control by the end of each calendar year
until positive train control is fully implemented, with
totals separated by each component category.
``(ii) The number of employees that will receive the
training, as required under the applicable positive train
control system regulations, by the end of each calendar year
until positive train control is fully implemented.
``(iii) The calendar year or years in which spectrum will
be acquired and will be available for use in all areas that
it is needed for positive train control implementation, if
such spectrum is not already acquired and ready for use.
``(B) Implementation schedule.--Each updated plan submitted
under paragraph (3) shall include an implementation schedule
that identifies the dates by which the railroad carrier or
other entity will--
``(i) fully implement a positive train control system;
``(ii) complete all component installation, consistent with
the milestones or metrics described in subparagraph (A)(i);
``(iii) complete all employee training required under the
applicable positive train control system regulations,
consistent with the milestones or metrics described in
subparagraph (A)(ii);
``(iv) acquire all necessary spectrum, consistent with the
milestones or metrics in subparagraph (A)(iii); and
``(v) activate its positive train control system.
``(C) Additional information.--Each updated plan submitted
under paragraph (3) shall include--
``(i) the total number of positive train control components
required for implementation, with totals separated by each
major component category;
``(ii) the total number of employees requiring training
under the applicable positive train control system
regulations;
``(iii) a summary of the remaining challenges to positive
train control system implementation, including--
``(I) testing issues;
``(II) interoperability challenges;
``(III) permitting issues; and
``(IV) certification challenges.
``(D) Defined term.--In this paragraph, the term
`component' means a locomotive apparatus, a wayside interface
unit (including any associated legacy signal system
replacements), back office system hardware, a base station
radio, a wayside radio, or a locomotive radio.
``(5) Plan implementation.--The Class I railroad carrier or
other entity subject to paragraph (1) shall implement a
positive train control system in accordance with its plan,
including any amendments made to the plan by its updated plan
approved by the Secretary under paragraph (3), and subject to
section 35443 of the Railroad Reform, Enhancement, and
Efficiency Act.
``(6) Progress report.--Each Class I railroad carrier or
other entity with an approved updated plan shall submit an
annual report to the Secretary that describes the progress
made on positive train control implementation, including--
``(A) the extent to which the railroad carrier or other
entity met or exceeded the metrics or milestones described in
paragraph (4)(A);
``(B) the extent to which the railroad carrier or other
entity complied with its implementation schedule under
paragraph (4)(B); and
``(C) any update to the information provided under
paragraph (4)(C).
``(7) Constraint.--Each updated plan shall reflect that the
railroad carrier or other entity subject to paragraph (1)
will, not later than December 31, 2018--
``(A) complete component installation and spectrum
acquisition; and
``(B) activate its positive train control system without
undue delay.''.
(b) Enforcement.--Section 20157(e) is amended to read as
follows:
``(e) Enforcement.--The Secretary is authorized to assess
civil penalties pursuant to chapter 213 for the failure to
submit or comply with a plan for implementing positive train
control under subsection (a), including any amendments to the
plan made by an updated plan (including milestones or metrics
and an updated implementation schedule) approved by the
Secretary under paragraph (3) of such subsection, subject to
section 35443 of the Railroad Reform, Enhancement, and
Efficiency Act.''.
(c) Definitions.--Section 20157(i) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) Activate.--The term `activate' means to initiate the
use of a positive train control system in every subdivision
or district where the railroad carrier or other entity is
prepared to do so safely, reliably, and successfully, and
proceed with revenue service demonstration as necessary for
system testing and certification, prior to full
implementation.''.
(d) Conforming Amendment.--Section 20157(g) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Conforming regulatory amendments.--Immediately after
the date of the enactment of the Railroad Reform,
Enhancement, and Efficiency Act, the Secretary--
``(A) shall remove or revise any references to specified
dates in the regulations or orders implementing this section
to the extent necessary to conform with the amendments made
by such Act; and
``(B) may not enforce any such date-specific deadlines or
requirements that are inconsistent with the amendments made
by such Act.''.
(e) Savings Provisions.--
(1) Resubmission of information.--Nothing in the amendments
made by this section may be construed to require a Class I
railroad carrier or other entity subject to section 20157(a)
of title 49, United States Code, to resubmit in its updated
plan information from its initial implementation plan that is
not changed or affected by the updated plan. The Secretary
shall consider an updated plan submitted pursuant to
paragraph (3) of that section to be an addendum that makes
amendments to the initial implementation plan.
(2) Submission of new plan.--Nothing in the amendments made
by this section may be construed to require a Class I
railroad
[[Page S5823]]
carrier or other entity subject to section 20157(a) of title
49, United States Code, to submit a new implementation plan
pursuant to the deadline set forth in that section.
(3) Approval.--A railroad carrier or other entity subject
to section 20157(a) of title 49, United States Code, that has
its updated plan, including a modified version of the updated
plan, approved by the Secretary under subparagraph (B) or
subparagraph (C) of paragraph (3) of that section shall not
be required to implement a positive train control system by
the deadline under paragraph (1) of that section.
SEC. 35443. EARLY ADOPTION AND INTEROPERABILITY.
(a) Early Adoption.--During the 1-year period beginning on
the date on which the last railroad carrier's or other
entity's positive train control system, subject to section
20157(a) of title 49, United States Code, is certified by the
Secretary under subsection (h) of such section and
implemented on all of that railroad carrier's or other
entity's lines required to have operations governed by a
positive train control system, any railroad carrier or other
entity shall not be subject to the operational restrictions
set forth in subpart I of part 236 of title 49, Code of
Federal Regulations, that would otherwise apply in the event
of a positive train control system component failure.
(b) Interoperability Procedure.--If multiple railroad
carriers operate on a single railroad line through a trackage
or haulage agreement, each railroad carrier operating on the
railroad line shall not be subject to the operating
restrictions set forth in subpart I of part 236 of title 49,
Code of Federal Regulations, with respect to the railroad
line, until the Secretary certifies that--
(1) each Class I railroad carrier and each entity providing
regularly scheduled intercity or commuter rail passenger
transportation that operates on the railroad line is in
compliance with its positive train control requirements under
section 20157(a) of title 49, United States Code;
(2) each Class II or Class III railroad that operates on
the railroad line is in compliance with the applicable
regulatory requirements to equip locomotives operating in
positive train control territory; and
(3) the implementation of any and all positive train
control systems are interoperable and operational on the
railroad line in conformance with each approved
implementation plan so that each freight and passenger
railroad can operate on the line with that freight or
passenger railroad's positive train control equipment.
(c) Small Railroads.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall amend
section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal
Regulations (relating to equipping locomotives for applicable
Class II and Class III railroads operating in positive train
control territory) to extend each deadline by 3 years.
(d) Enforcement.--
(1) In general.--Subject to paragraph (2), nothing in
subsection (a) may be construed to prohibit the Secretary
from enforcing the metrics and milestones under section
20157(a)(4)(A) of title 49, United States Code, as amended by
section 35442 of this Act.
(2) Activation.--Beginning on the date in which a railroad
carrier or other entity subject to section 20157(a) of title
49, United States Code, as amended by section 35442 of this
Act, has activated its positive train control system, the
railroad carrier or other entity shall not be in violation of
its plan, including its updated plan, approved under this Act
if implementing such plan introduces operational challenges
or risks to full, successful, and safe implementation.
SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS
EFFECTIVENESS STUDY.
(a) Study.--After the Secretary certifies that each Class I
railroad carrier and each entity providing regularly
scheduled intercity or commuter rail passenger transportation
is in compliance with the positive train control requirements
under section 20157(a) of title 49, United States Code, the
Secretary shall enter into an agreement with the National
Cooperative Rail Research Program Board--
(1) to conduct a study of the possible effectiveness of
positive train control and related technologies on reducing
collisions at highway-rail grade crossings; and
(2) to submit a report containing the results of the study
conducted under paragraph (1) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.
(b) Funding.--The Secretary may require, as part of the
agreement under subsection (a), that the National Cooperative
Rail Research Program Board fund the study required under
this section using such sums as may be necessary out of the
amounts made available under section 24910 of title 49,
United States Code.
Subtitle E--Project Delivery
SEC. 35501. SHORT TITLE.
This subtitle may be cited as the ``Track, Railroad, and
Infrastructure Network Act''.
SEC. 35502. PRESERVATION OF PUBLIC LANDS.
(a) Highways.--Section 138 of title 23, United States Code,
is amended--
(1) in subsection (b)(2)(A)(i), by inserting ``, taking
into consideration any avoidance, minimization, and
mitigation or enhancement measures incorporated into the
program or project'' after ``historic site''; and
(2) by adding at the end the following:
``(c) Rail and Transit.--Improvements to, or the
maintenance, rehabilitation, or operation of, railroad or
rail transit lines or elements of such lines, with the
exception of stations, that are in use or were historically
used for the transportation of goods or passengers, shall not
be considered a use of an historic site under subsection (a),
regardless of whether the railroad or rail transit line or
element of such line is listed on, or eligible for listing
on, the National Register of Historic Places.''.
(b) Transportation Projects.--Section 303 is amended--
(1) in subsection (c), by striking ``subsection (d)'' and
inserting ``subsections (d) and (e)'';
(2) in subsection (d)(2)(A)(i), by inserting ``, taking
into consideration any avoidance, minimization, and
mitigation or enhancement measures incorporated into the
program or project'' after ``historic site''; and
(3) by adding at the end the following:
``(e) Rail and Transit.--Improvements to, or the
maintenance, rehabilitation, or operation of, railroad or
rail transit lines or elements of such lines, with the
exception of stations, that are in use or were historically
used for the transportation of goods or passengers, shall not
be considered a use of an historic site under subsection (c),
regardless of whether the railroad or rail transit line or
element of such line is listed on, or eligible for listing
on, the National Register of Historic Places.''.
SEC. 35503. EFFICIENT ENVIRONMENTAL REVIEWS.
(a) In General.--Section 304 is amended--
(1) in the heading, by striking ``FOR MULTIMODAL PROJECTS''
and inserting ``AND INCREASING THE EFFICIENCY OF
ENVIRONMENTAL REVIEWS''; and
(2) by adding at the end the following:
``(e) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23, United
States Code, to any rail project that requires the approval
of the Secretary of Transportation under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Regulations and procedures.--The Secretary of
Transportation shall incorporate such project development
procedures into the agency regulations and procedures
pertaining to rail projects.
``(f) Applicability of NEPA Decisions.--
``(1) In general.--A Department of Transportation operating
administration may apply a categorical exclusion designated
by another Department of Transportation operating
administration under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(2) Findings.--A Department of Transportation operating
administration may adopt, in whole or in part, another
Department of Transportation operating administration's
Record of Decision, Finding of No Significant Impact, and any
associated evaluations, determinations, or findings
demonstrating compliance with any law related to
environmental review or historic preservation.''.
SEC. 35504. ADVANCE ACQUISITION.
(a) In General.--Chapter 241 is amended by inserting after
section 24105 the following--
``Sec. 24106. Advance acquisition
``(a) Rail Corridor Preservation.--The Secretary may assist
a recipient of funding in acquiring right-of-way and adjacent
real property interests before or during the completion of
the environmental reviews for any project receiving funding
under subtitle V of title 49, United States Code, that may
use such property interests if the acquisition is otherwise
permitted under Federal law, and the recipient requesting
Federal funding for the acquisition certifies, with the
concurrence of the Secretary, that--
``(1) the recipient has authority to acquire the right-of-
way or adjacent real property interest; and
``(2) the acquisition of the right-of-way or adjacent real
property interest--
``(A) is for a transportation or transportation-related
purpose;
``(B) will not cause significant adverse environmental
impact;
``(C) will not limit the choice of reasonable alternatives
for the proposed project or otherwise influence the decision
of the Secretary on any approval required for the proposed
project;
``(D) does not prevent the lead agency for the review
process from making an impartial decision as to whether to
accept an alternative that is being considered;
``(E) complies with other applicable Federal law, including
regulations;
``(F) will be acquired through negotiation and without the
threat of condemnation; and
``(G) will not result in the elimination or reduction of
benefits or assistance to a displaced person under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
``(b) Environmental Reviews.--
``(1) Completion of nepa review.--Before authorizing any
Federal funding for the acquisition of a real property
interest that is the subject of a grant or other funding
under this subtitle, the Secretary shall complete, if
required, the review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
the acquisition.
[[Page S5824]]
``(2) Completion of section 106.--An acquisition of a real
property interest involving an historic site shall not occur
unless the section 106 process, if required, under the
National Historic Preservation Act (54 U.S.C. 306108) is
complete.
``(3) Timing of acquisitions.--A real property interest
acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.''.
(b) Conforming Amendment.--The table of contents of chapter
241 is amended by inserting after the item relating to
section 24105 the following:
``24106. Advance acquisition.''.
SEC. 35505. RAILROAD RIGHTS-OF-WAY.
Section 306108 of title 54, United States Code, is
amended--
(1) by inserting ``(b) Opportunity To Comment.--'' before
``The head of the Federal agency shall afford'' and indenting
accordingly;
(2) in the matter before subsection (b), by inserting ``(a)
In General.--'' before ``The head of any Federal agency
having direct'' and indenting accordingly; and
(3) by adding at the end the following:
``(c) Exemption for Railroad Rights-of-Way.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Track, Railroad, and Infrastructure Network
Act, the Secretary of Transportation shall submit a proposed
exemption of railroad rights-of-way from the review under
this chapter to the Council for its consideration, consistent
with the exemption for interstate highways approved on March
10, 2005 (70 Fed. Reg. 11,928).
``(2) Final exemption.--Not later than 180 days after the
date that the Secretary submits the proposed exemption under
paragraph (1) to the Council, the Council shall issue a final
exemption of railroad rights-of-way from review under this
chapter, consistent with the exemption for interstate
highways approved on March 10, 2005 (70 Fed. Reg. 11,928).''.
SEC. 35506. SAVINGS CLAUSE.
Nothing in this title, or any amendment made by this title,
shall be construed as superceding, amending, or modifying the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or affect the responsibility of any Federal officer to
comply with or enforce any such statute.
SEC. 35507. TRANSITION.
Nothing in this title, or any amendment made by this title,
shall affect any existing environmental review process,
program, agreement, or funding arrangement approved by the
Secretary under title 49, United States Code, as that title
was in effect on the day preceding the date of enactment of
this subtitle.
Subtitle F--Financing
SEC. 35601. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the
``Railroad Infrastructure Financing Improvement Act''.
(b) References to the Railroad Revitalization and
Regulatory Reform Act of 1976.--Except as otherwise expressly
provided, wherever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended
(45 U.S.C. 801 et seq.).
SEC. 35602. DEFINITIONS.
Section 501 (45 U.S.C. 821) is amended--
(1) by redesignating paragraph (8) as paragraph (10);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) The term `investment-grade rating' means a rating of
BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by
a rating agency.'';
(4) by inserting after paragraph (8), as redesignated, the
following:
``(9) The term `master credit agreement' means an agreement
to make 1 or more direct loans or loan guarantees at future
dates for a program of related projects on terms acceptable
to the Secretary.''; and
(5) by adding at the end the following:
``(11) The term `project obligation' means a note, bond,
debenture, or other debt obligation issued by a borrower in
connection with the financing of a project, other than a
direct loan or loan guarantee under this title.
``(12) The term `railroad' has the meaning given the term
`railroad carrier' in section 20102 of title 49, United
States Code.
``(13) The term `rating agency' means a credit rating
agency registered with the Securities and Exchange Commission
as a nationally recognized statistical rating organization
(as defined in section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a))).
``(14) The term `substantial completion' means--
``(A) the opening of a project to passenger or freight
traffic; or
``(B) a comparable event, as determined by the Secretary
and specified in the direct loan.''.
SEC. 35603. ELIGIBLE APPLICANTS.
Section 502(a) (45 U.S.C. 822(a)) is amended--
(1) in paragraph (5), by striking ``one railroad; and'' and
inserting ``1 of the entities described in paragraph (1),
(2), (3), (4), or (6);''; and
(2) by amending paragraph (6) to read as follows:
``(6) solely for the purpose of constructing a rail
connection between a plant or facility and a rail carrier,
limited option freight shippers that own or operate a plant
or other facility; and''.
SEC. 35604. ELIGIBLE PURPOSES.
Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``, and costs related
to these activities, including pre-construction costs'' after
``shops'';
(2) in subparagraph (B), by striking ``subparagraph (A);
or'' and inserting ``subparagraph (A) or (C);'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) reimburse planning and design expenses relating to
projects described in subparagraph (A) or (C).''.
SEC. 35605. PROGRAM ADMINISTRATION.
(a) Application Processing Procedures.--Section 502(i) (45
U.S.C. 822(i)) is amended to read as follows:
``(i) Application Processing Procedures.--
``(1) Application status notices.--Not later than 30 days
after the date that the Secretary receives an application
under this section, the Secretary shall provide the applicant
written notice as to whether the application is complete or
incomplete.
``(2) Incomplete applications.--If the Secretary determines
that an application is incomplete, the Secretary shall--
``(A) provide the applicant with a description of all of
the specific information or material that is needed to
complete the application; and
``(B) allow the applicant to resubmit the information and
material described under subparagraph (A) to complete the
application.
``(3) Application approvals and disapprovals.--
``(A) In general.--Not later than 60 days after the date
the Secretary notifies an applicant that an application is
complete under paragraph (1), the Secretary shall provide the
applicant written notice as to whether the Secretary has
approved or disapproved the application.
``(B) Actions by the office of management and budget.--In
order to enable compliance with the time limit under
subparagraph (A), the Office of Management and Budget shall
take any action required with respect to the application
within that 60-day period.
``(4) Expedited processing.--The Secretary shall implement
procedures and measures to economize the time and cost
involved in obtaining an approval or a disapproval of credit
assistance under this title.
``(5) Dashboard.--The Secretary shall post on the
Department of Transportation's public Web site a monthly
report that includes for each application--
``(A) the name of the applicant or applicants;
``(B) the location of the project;
``(C) a brief description of the project, including its
purpose;
``(D) the requested direct loan or loan guarantee amount;
``(E) the date on which the Secretary provided application
status notice under paragraph (1); and
``(F) the date that the Secretary provided notice of
approval or disapproval under paragraph (3).''.
(b) Administration of Direct Loans and Loan Guarantees.--
Section 503 (45 U.S.C. 823) is amended--
(1) in subsection (a), by striking the period at the end
and inserting ``, including a program guide and standard term
sheet and specific timetables.'';
(2) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively;
(3) by striking ``(b) Assignment of Loan Guarantees.--''
and inserting ``(c) Assignment of Loan Guarantees.--'';
(4) in subsection (d), as redesignated--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the modification cost has been covered under section
502(f).''; and
(5) by amending subsection (l), as redesignated, to read as
follows:
``(l) Charges and Loan Servicing.--
``(1) Purposes.--The Secretary may collect and spend from
each applicant, obligor, or loan party a reasonable charge
for--
``(A) the cost of evaluating the application, amendments,
modifications, and waivers, including for evaluating project
viability, applicant creditworthiness, and the appraisal of
the value of the equipment or facilities for which the direct
loan or loan guarantee is sought, and for making necessary
determinations and findings;
``(B) the cost of award management and project management
oversight;
``(C) the cost of services from expert firms, including
counsel, and independent financial advisors to assist in the
underwriting, auditing, servicing, and exercise of rights
with respect to direct loans and loan guarantees; and
``(D) the cost of all other expenses incurred as a result
of a breach of any term or condition or any event of default
on a direct loan or loan guarantee.
[[Page S5825]]
``(2) Standards.--The Secretary may charge different
amounts under this subsection based on the different costs
incurred under paragraph (1).
``(3) Servicer.--
``(A) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing a direct loan or
loan guarantee under this section.
``(B) Duties.--A servicer appointed under subparagraph (A)
shall act as the agent of the Secretary in serving a direct
loan or loan guarantee under this section.
``(C) Fees.--A servicer appointed under subparagraph (A)
shall receive a servicing fee from the obligor or other loan
party, subject to approval by the Secretary.
``(4) Safety and operations account.--Amounts collected
under this subsection shall--
``(A) be credited directly to the Safety and Operations
account of the Federal Railroad Administration; and
``(B) remain available until expended to pay for the costs
described in this subsection.''.
SEC. 35606. LOAN TERMS AND REPAYMENT.
(a) Prerequisites for Assistance.--Section 502(g)(1) (45
U.S.C. 822(g)(1)) is amended by striking ``35 years from the
date of its execution'' and inserting ``the lesser of 35
years after the date of substantial completion of the project
or the estimated useful life of the rail equipment or
facilities to be acquired, rehabilitated, improved,
developed, or established''.
(b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j))
is amended--
(1) in paragraph (1), by striking ``the sixth anniversary
date of the original loan disbursement'' and inserting ``5
years after the date of substantial completion''; and
(2) by adding at the end the following:
``(3) Deferred payments.--
``(A) In general.--If at any time after the date of
substantial completion the project is unable to generate
sufficient revenues to pay the scheduled loan repayments of
principal and interest on the direct loan, the Secretary,
subject to subparagraph (B), may allow, for a maximum
aggregate time of 1 year over the duration of the direct
loan, the obligor to add unpaid principal and interest to the
outstanding balance of the direct loan.
``(B) Interest.--A payment deferred under subparagraph (A)
shall--
``(i) continue to accrue interest under paragraph (2) until
the loan is fully repaid; and
``(ii) be scheduled to be amortized over the remaining term
of the loan.
``(4) Prepayments.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and direct loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the direct loan without
penalty.
``(B) Use of proceeds of refinancing.--The direct loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.''.
(c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is
amended by adding at the end the following:
``(k) Sale of Direct Loans.--
``(1) In general.--Subject to paragraph (2) and as soon as
practicable after substantial completion of a project, the
Secretary, after notifying the obligor, may sell to another
entity or reoffer into the capital markets a direct loan for
the project if the Secretary determines that the sale or
reoffering has a high probability of being made on favorable
terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the
original terms and conditions of the secured loan without the
prior written consent of the obligor''.
(d) Nonsubordination.--Section 502 (45 U.S.C. 822), as
amended in subsection (c), is further amended by adding at
the end the following:
``(l) Nonsubordination.--
``(1) In general.--Except as provided in paragraph (2)(B),
a direct loan shall not be subordinated to the claims of any
holder of project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(2) Preexisting indentures.--
``(A) In general.--The Secretary may waive the requirement
under paragraph (1) for a public agency borrower that is
financing ongoing capital programs and has outstanding senior
bonds under a preexisting indenture if--
``(i) the direct loan is rated in the A category or higher;
``(ii) the direct loan is secured and payable from pledged
revenues not affected by project performance, such as a tax-
based revenue pledge or a system-backed pledge of project
revenues; and
``(iii) the program share, under this title, of eligible
project costs is 50 percent or less.
``(B) Limitation.--The Secretary may impose limitations for
the waiver of the nonsubordination requirement under this
paragraph if the Secretary determines that such limitations
would be in the financial interest of the Federal
Government.''.
SEC. 35607. CREDIT RISK PREMIUMS.
Section 502(f) (45 U.S.C. 822(f)) is amended--
(1) in paragraph (1), by amending the first sentence to
read as follows: ``In lieu of or in combination with
appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661c(b)(1)), including the cost of a modification thereof,
the Secretary may accept on behalf of an applicant for
assistance under this section a commitment from a non-Federal
source, including a State or local government or agency or
public benefit corporation or public authority thereof, to
fund in whole or in part credit risk premiums and
modification costs with respect to the loan that is the
subject of the application or modification.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (E); and
(C) by redesignating subparagraph (F) as subparagraph (E);
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) Creditworthiness.--An applicant may propose and the
Secretary may accept as a basis for determining the amount of
the credit risk premium under paragraph (2) any of the
following in addition to the value of any tangible asset:
``(A) The net present value of a future stream of State or
local subsidy income or other dedicated revenues to secure
the direct loan or loan guarantee.
``(B) Adequate coverage requirements to ensure repayment,
on a non-recourse basis, from cash flows generated by the
project or any other dedicated revenue source, including--
``(i) tolls;
``(ii) user fees; or
``(iii) payments owing to the obligor under a public-
private partnership.
``(C) An investment-grade rating on the direct loan or loan
guarantee, as applicable, except that if the total amount of
the direct loan or loan guarantee is greater than
$75,000,000, the applicant shall have an investment-grade
rating from at least 2 rating agencies on the direct loan or
loan guarantee.''; and
(6) in paragraph (4), as redesignated, by striking
``amounts'' and inserting ``amounts (and in the case of a
modification, before the modification is executed), to the
extent appropriations are not available to the Secretary to
meet the costs of direct loans and loan guarantees, including
costs of modifications thereof''.
SEC. 35608. MASTER CREDIT AGREEMENTS.
Section 502 (45 U.S.C. 822), as amended by subsections (c)
and (d) of section 35606 of this Act, is further amended by
adding at the end the following:
``(m) Master Credit Agreements.--
``(1) In general.--Subject to section 502(d) and paragraph
(2) of this subsection, the Secretary may enter into a master
credit agreement that is contingent on all of the conditions
for the provision of a direct loan or loan guarantee, as
applicable, under this title and other applicable
requirements being satisfied prior to the issuance of the
direct loan or loan guarantee.
``(2) Conditions.--Each master credit agreement shall--
``(A) establish the maximum amount and general terms and
conditions of each applicable direct loan or loan guarantee;
``(B) identify 1 or more dedicated non-Federal revenue
sources that will secure the repayment of each applicable
direct loan or loan guarantee;
``(C) provide for the obligation of funds for the direct
loans or loan guarantees contingent on and after all
requirements have been met for the projects subject to the
master credit agreement; and
``(D) provide 1 or more dates, as determined by the
Secretary, before which the master credit agreement results
in each of the direct loans or loan guarantees or in the
release of the master credit agreement.''.
SEC. 35609. PRIORITIES AND CONDITIONS.
(a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c))
is amended--
(1) in paragraph (1), by inserting ``, including projects
for the installation of a positive train control system (as
defined in section 20157(i) of title 49, United States
Code)'' after ``public safety'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (2), respectively;
(3) in paragraph (5), by inserting ``or chapter 227 of
title 49'' after ``section 135 of title 23'';
(4) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(5) by inserting after paragraph (5) the following:
``(6) improve railroad stations and passenger facilities
and increase transit-oriented development;''.
(b) Conditions of Assistance.--Section 502(h) (45 U.S.C.
822(h)) is amended in paragraph (2), by inserting ``, if
applicable'' after ``project''.
SEC. 35610. SAVINGS PROVISION.
(a) In General.--Except as provided in subsection (b), this
subtitle, and the amendments made by this subtitle, shall not
affect any direct loan (or direct loan obligation) or an
outstanding loan guarantee (or loan guarantee commitment)
that was in effect prior to the date of enactment of this
Act. Any such transaction entered into before the date of
enactment of this Act shall be administered until completion
under its terms as if this Act were not enacted.
[[Page S5826]]
(b) Modification Costs.--At the discretion of the
Secretary, the authority to accept modification costs on
behalf of an applicant under section 502(f) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(f)), as amended by section 35607 of this Act, may apply
with respect to any direct loan (or direct loan obligation)
or an outstanding loan guarantee (or loan guarantee
commitment) that was in effect prior to the date of enactment
of this Act.
DIVISION D--FREIGHT AND MAJOR PROJECTS
TITLE XLI--FREIGHT POLICY
SEC. 41001. ESTABLISHMENT OF FREIGHT CHAPTER.
(a) Freight.--Subtitle III of title 49, United States Code,
is amended by inserting after chapter 53 the following:
``CHAPTER 54--FREIGHT
``5401. Definitions.
``5402. National multimodal freight policy.
``5403. National multimodal freight network.
``5404. National freight strategic plan.
``5405. State freight advisory committees.
``5406. State freight plans.
``5407. Transportation investment planning and data tools.
``5408. Savings provision.
``5409. Assistance for freight projects.
``Sec. 5401. Definitions
``In this chapter:
``(1) Economic competitiveness.--The term `economic
competitiveness' means the ability of the economy to
efficiently move freight and people, produce goods, and
deliver services, including--
``(A) reductions in the travel time of freight;
``(B) reductions in the congestion caused by the movement
of freight;
``(C) improvements to freight travel time reliability; and
``(D) reductions in freight transportation costs due to
congestion and insufficient infrastructure.
``(2) Freight.--The term `freight' means the commercial
transportation of cargo, including agricultural,
manufactured, retail, or other goods by vessel, vehicle,
pipeline, or rail.
``(3) Freight transportation modes.--The term `freight
transportation modes' means--
``(A) the infrastructure supporting any mode of
transportation that moves freight, including highways, ports,
waterways, rail facilities, and pipelines; and
``(B) any vehicles or equipment transporting goods on such
infrastructure.
``(4) National highway freight network.--The term `national
highway freight network' means the network established under
section 167 of title 23.
``(5) National multimodal freight network.--The term
`national multimodal freight network' means the network
established under section 5403.
``(6) National multimodal freight strategic plan.--The term
`national multimodal freight strategic plan' means the
strategic plan developed under section 5404.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) State.--The term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, and the United States Virgin Islands.''.
(b) Technical and Conforming Amendment.--The table of
chapters for subtitle III of title 49, United States Code, is
amended by inserting after the item relating to chapter 53
the following:
``54. Freight...............................................5401''.....
SEC. 41002. NATIONAL MULTIMODAL FREIGHT POLICY.
Chapter 54 of subtitle III of title 49, United States Code,
as added by section 41001, is amended by adding after section
5401 the following:
``Sec. 5402. National multimodal freight policy
``(a) Policy.--It is the policy of the United States--
``(1) to support investment to maintain and improve the
condition and performance of the national multimodal freight
network;
``(2) to ensure that the United States maximizes its
competitiveness in the global economy by increasing the
overall productivity and connectivity of the national freight
system; and
``(3) to pursue the goals described in subsection (b).
``(b) Goals.--The national multimodal freight policy has
the following goals:
``(1) To enhance the economic competitiveness of the United
States by investing in infrastructure improvements and
implementing operational improvements on the freight network
of the United States that achieve 1 or more of the following:
``(A) Strengthen the contribution of the national freight
network to the economic competitiveness of the United States.
``(B) Reduce congestion and relieve bottlenecks in the
freight transportation system.
``(C) Reduce the cost of freight transportation.
``(D) Improve the reliability of freight transportation.
``(E) Increase productivity, particularly for domestic
industries and businesses that create jobs.
``(2) To improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban
areas.
``(3) To improve the condition of the national freight
network.
``(4) To use advanced technology to improve the safety and
efficiency of the national freight network.
``(5) To incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national freight network.
``(6) To improve the efficiency and productivity of the
national freight network.
``(7) To pursue these goals in a manner that is not
burdensome to State and local governments.
``(c) Strategies.--The United States may achieve the goals
described in subsection (b) by--
``(1) providing funding to maintain and improve freight
infrastructure facilities;
``(2) implementing appropriate safety, environmental,
energy and other transportation policies;
``(3) utilizing advanced technology and innovation;
``(4) promoting workforce development; and
``(5) using performance management activities.
``(d) Implementation.--The Under Secretary for Policy, who
shall be responsible for the oversight and implementation of
the national multimodal freight policy, shall--
``(1) assist with the coordination of modal freight
planning;
``(2) ensure consistent, expedited review of multimodal
freight projects;
``(3) review the project planning and approval processes at
each modal administration to identify modeling and metric
inconsistencies, approvals, and terminology differences that
could hamper multimodal project approval;
``(4) identify interagency data sharing opportunities to
promote freight planning and coordination;
``(5) identify multimodal efforts and connections;
``(6) designate the lead agency for multimodal freight
projects;
``(7) develop recommendations for State incentives for
multimodal planning efforts, which may include--
``(A) reducing the State cost share; or
``(B) expediting the review of agreements for multimodal or
freight specific projects;
``(8) explore opportunities within existing legal
authorities to reduce project delays by issuing categorical
exclusions or allowing self-certifications of right-of-way
acquisitions for freight projects; and
``(9) submit a report to the Committee on Commerce,
Science, and Transportation and the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that identifies required reports, statutory
requirements, and other limitations on efficient freight
project delivery that could be streamlined or
consolidated.''.
SEC. 41003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Chapter 54 of subtitle III of title 49, United States Code,
as amended by section 41002, is amended by adding after
section 5402 the following:
``Sec. 5403. National multimodal freight network
``(a) In General.--The Secretary shall establish a national
freight network, in accordance with this section--
``(1) to assist States in strategically directing resources
toward improved system performance for the efficient movement
of freight on transportation networks;
``(2) to inform freight transportation planning;
``(3) to assist in the prioritization of Federal
investment; and
``(4) to assess and support Federal investments to achieve
the national multimodal freight policy goals described in
section 5402(b) of this title and in section 150(b) of title
23.
``(b) Network Components.--The national multimodal freight
network established under this section shall consist of all
connectors, corridors, and facilities in all freight
transportation modes that are the most critical to the
current and future movement of freight, including the
national highway freight network, to achieve the national
multimodal freight policy goals described in section 5402(b)
of this title and in section 150(b) of title 23.
``(c) Initial Designation of Primary Freight System.--
``(1) In general.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary, after soliciting
input from stakeholders, including multimodal freight system
users, transport providers, metropolitan planning
organizations, local governments, ports, airports, railroads,
and States, through a public process to identify critical
freight facilities and corridors that are vital to achieve
the national multimodal freight policy goals described in
section 5402(b) of this title and in section 150(b) of title
23, and after providing notice and opportunity for comment on
a draft system, shall designate a primary freight system with
the goal of--
``(A) improving network and intermodal connectivity; and
``(B) using measurable data as part of the assessment of
the significance of freight movement, including the
consideration of points of origin, destination, and linking
components of domestic and international supply chains.
``(2) Factors.--In designating or redesignating a primary
freight system, the Secretary shall consider--
[[Page S5827]]
``(A) origins and destinations of freight movement within,
to, and from the United States;
``(B) volume, value, tonnage, and the strategic importance
of freight;
``(C) access to border crossings, airports, seaports, and
pipelines;
``(D) economic factors, including balance of trade;
``(E) access to major areas for manufacturing, agriculture,
or natural resources;
``(F) access to energy exploration, development,
installation, and production areas;
``(G) intermodal links and intersections that promote
connectivity;
``(H) freight choke points and other impediments
contributing to significant measurable congestion, delay in
freight movement, or inefficient modal connections;
``(I) impacts on all freight transportation modes and modes
that share significant freight infrastructure;
``(J) elements and transportation corridors identified by a
multi-State coalition, a State, a State advisory committee,
or a metropolitan planning organization, using national or
local data, as having critical freight importance to the
region;
``(K) intermodal connectors, major distribution centers,
inland intermodal facilities, and first- and last-mile
facilities;
``(L) the annual average daily truck traffic on principal
arterials; and
``(M) the significance of goods movement, including
consideration of global and domestic supply chains.
``(3) Requirements for designation.--A designation may be
made under this subsection if the freight transportation
facility or infrastructure being considered--
``(A) is in an urbanized area, regardless of population;
``(B) has been designated under subsection (d) as a
critical rural freight corridor;
``(C) connects an intermodal facility to--
``(i) the primary freight network; or
``(ii) an intermodal freight facility;
``(D)(i) is located within a corridor of a route on the
primary freight network; and
``(ii) provides an alternative option important to goods
movement;
``(E) serves a major freight generator, logistic center,
agricultural region, or manufacturing, warehouse, or
industrial land; or
``(F) is important to the movement of freight within a
State or metropolitan region, as determined by the State or
the metropolitan planning organization.
``(4) Considerations.--In designating or redesignating the
primary freight system under subsection (e), the Secretary
shall--
``(A) use, to the extent practicable, measurable data to
assess the significance of goods movement, including the
consideration of points of origin, destination, and linking
components of the United States global and domestic supply
chains;
``(B) consider--
``(i) the factors described in subsection (c)(2); and
``(ii) any changes in the economy or freight transportation
network demand; and
``(C) provide the States with an opportunity to submit
proposed designations in accordance with paragraph (5).
``(5) State input.--
``(A) In general.--Each State that proposes increased
designations on the primary freight system shall--
``(i) consider nominations for additional designations from
metropolitan planning organizations and State freight
advisory committees within the State;
``(ii) consider nominations for the additional designations
from owners and operators of port, rail, pipeline, and
airport facilities; and
``(iii) ensure that additional designations are consistent
with the State Transportation Improvement Program or freight
plan.
``(B) Revisions.--States may revise routes certified under
section 4006 of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2148)
to conform with the designated freight system under this
section.
``(C) Submission and certification.--Each State shall
submit to the Secretary--
``(i) a list of the additional designations added under
this subsection; and
``(ii) certification that--
``(I) the State has satisfied the requirements under
subparagraph (A); and
``(II) the designations referred to in clause (i) address
the factors for redesignation described in subsection (c)(3).
``(d) Critical Rural Freight Corridors.--A State may
designate freight transportation infrastructure or facilities
within the borders of the State as a critical rural freight
corridor if the public road or facility--
``(1) is a rural principal arterial roadway or facility;
``(2) provides access or service to energy exploration,
development, installation, or production areas;
``(3) provides access or service to--
``(A) a grain elevator;
``(B) an agricultural facility;
``(C) a mining facility;
``(D) a forestry facility; or
``(E) an intermodal facility;
``(4) connects to an international port of entry;
``(5) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(6) has been determined by the State to be vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(e) Redesignation of Primary Freight System.--Beginning
on the date that is 5 years after the initial designation
under subsection (c), and every 5 years thereafter, the
Secretary, using the designation factors described in
subsection (c)(3), shall redesignate the primary freight
system.''.
TITLE XLII--PLANNING
SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by title XLI), is amended by adding at the end
the following:
``Sec. 5404. National freight strategic plan
``(a) Initial Development of National Freight Strategic
Plan.--Not later than 3 years after the date of enactment of
the DRIVE Act, the Secretary, in consultation with State
departments of transportation, metropolitan planning
organizations, and other appropriate public and private
transportation stakeholders, shall develop, after providing
opportunity for notice and comment on a draft national
freight strategic plan, and post on the public website of the
Department of Transportation a national freight strategic
plan that includes--
``(1) an assessment of the condition and performance of the
national multimodal freight network;
``(2) an identification of bottlenecks on the national
multimodal freight network that create significant freight
congestion based on a quantitative methodology developed by
the Secretary, which shall, at a minimum, include--
``(A) information from the Freight Analysis Framework of
the Federal Highway Administration; and
``(B) to the maximum extent practicable, an estimate of the
cost of addressing each bottleneck and any operational
improvements that could be implemented;
``(3) a forecast of freight volumes, based on the most
recent data available, for--
``(A) the 5-year period beginning in the year during which
the plan is issued; and
``(B) if practicable, for the 10- and 20-year period
beginning in the year during which the plan is issued;
``(4) an identification of major trade gateways and
national freight corridors that connect major economic
corridors, population centers, trade gateways, and other
major freight generators for current and forecasted traffic
and freight volumes, the identification of which shall be
revised, as appropriate, in subsequent plans;
``(5) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers
to improved freight transportation performance (including
opportunities for overcoming the barriers);
``(6) an identification of routes providing access to
energy exploration, development, installation, or production
areas;
``(7) routes for providing access to major areas for
manufacturing, agriculture, or natural resources;
``(8) best practices for improving the performance of the
national freight network;
``(9) best practices to mitigate the impacts of freight
movement on communities;
``(10) a process for addressing multistate projects and
encouraging jurisdictions to collaborate on multistate
projects;
``(11) identification of locations or areas with congestion
involving freight traffic, and strategies to address those
issues;
``(12) strategies to improve freight intermodal
connectivity; and
``(13) best practices for improving the performance of the
national multimodal freight network and rural and urban
access to critical freight corridors.
``(b) Updates to National Freight Strategic Plan.--Not
later than 5 years after the date of completion of the first
national multimodal freight strategic plan under subsection
(a) and every 5 years thereafter, the Secretary shall update
and repost on the public website of the Department of
Transportation a revised national freight strategic plan.''.
SEC. 42002. STATE FREIGHT ADVISORY COMMITTEES.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42001), is amended by adding at the
end the following:
``Sec. 5405. State freight advisory committees
``(a) In General.--Each State shall establish a freight
advisory committee consisting of a representative cross-
section of public and private sector freight stakeholders,
including representatives of ports, third party logistics
providers, shippers, carriers, freight-related associations,
the freight industry workforce, the transportation department
of the State, and local governments.
``(b) Role of Committee.--A freight advisory committee of a
State described in subsection (a) shall--
``(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
``(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
``(3) communicate and coordinate regional priorities with
other organizations;
``(4) promote the sharing of information between the
private and public sectors on freight issues; and
``(5) participate in the development of the freight plan of
the State described in section 5406.''.
SEC. 42003. STATE FREIGHT PLANS.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42002), is amended by adding at the
end the following:
[[Page S5828]]
``Sec. 5406. State freight plans
``(a) In General.--Each State shall develop a freight plan
that provides a comprehensive plan for the immediate and
long-range planning activities and investments of the State
with respect to freight.
``(b) Plan Contents.--A freight plan described in
subsection (a) shall include, at a minimum--
``(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
``(2) a description of the freight policies, strategies,
and performance measures that will guide the freight-related
transportation investment decisions of the State;
``(3) when applicable, a listing of critical rural and
urban freight corridors designated within the State under
section 5403 of this title or section 167 of title 23;
``(4) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 5402(b) of this title and section
150(b) of title 23;
``(5) a description of how innovative technologies and
operational strategies, including freight intelligent
transportation systems, that improve the safety and
efficiency of freight movement, were considered;
``(6) in the case of roadways on which travel by heavy
vehicles (including mining, agricultural, energy cargo or
equipment, and timber vehicles) is projected to substantially
deteriorate the condition of roadways, a description of
improvements that may be required to reduce or impede the
deterioration;
``(7) an inventory of facilities with freight mobility
issues, such as bottlenecks, within the State, and where the
facilities are State owned or operated, a description of the
strategies the State is employing to address those freight
mobility issues;
``(8) consideration of any significant congestion or delay
caused by freight movements and any strategies to mitigate
that congestion or delay; and
``(9) a freight investment plan that, subject to subsection
(c)(2), includes a list of priority projects and describes
how funds made available to carry out section 167 of title 23
would be invested and matched.
``(c) Relationship to Long-range Plan.--
``(1) Incorporation.--A State freight plan described in
subsection (a) may be developed separately from or
incorporated into the statewide strategic long-range
transportation plan required by section 135 of title 23.
``(2) Fiscal constraint.--The freight investment plan
component of a freight plan shall include a project, or an
identified phase of a project, only if funding for completion
of the project can reasonably be anticipated to be available
for the project within the time period identified in the
freight investment plan.
``(d) Planning Period.--The freight plan shall address a 5-
year forecast period.
``(e) Updates.--
``(1) In general.--A State shall update the freight plan
not less frequently than once every 5 years.
``(2) Freight investment plan.--A State may update the
freight investment plan more frequently than is required
under paragraph (1).''.
SEC. 42004. FREIGHT DATA AND TOOLS.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42003), is amended by adding at the
end the following:
``Sec. 5407. Transportation investment data and planning
tools
``(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall--
``(1) begin development of new tools and improvement of
existing tools to support an outcome-oriented, performance-
based approach to evaluate proposed freight-related and other
transportation projects, including--
``(A) methodologies for systematic analysis of benefits and
costs on a national or regional basis;
``(B) tools for ensuring that the evaluation of freight-
related and other transportation projects could consider
safety, economic competitiveness, urban and rural access,
environmental sustainability, and system condition in the
project selection process;
``(C) improved methods for data collection and trend
analysis;
``(D) encouragement of public-private partnerships to carry
out data sharing activities while maintaining the
confidentiality of all proprietary data; and
``(E) other tools to assist in effective transportation
planning;
``(2) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
``(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts that could reduce
identified freight data gaps and deficiencies and help
improve forecasts of freight transportation demand.
``(b) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop, improve,
and implement the tools and collect the data described in
subsection (a).''.
SEC. 42005. SAVINGS PROVISION.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42004), is amended by adding at the
end the following:
``Sec. 5408. Savings provision
``Nothing in this chapter provides additional authority to
regulate or direct private activity on freight networks
designated by this chapter.''.
TITLE XLIII--FORMULA FREIGHT PROGRAM
SEC. 43001. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) In General.--Section 167 of title 23, United States
Code, is amended to read as follows:
``Sec. 167. National highway freight program
``(a) Establishment.--
``(1) In general.--It is the policy of the United States to
improve the condition and performance of the national highway
freight network to ensure that the national freight network
provides the foundation for the United States to compete in
the global economy and achieve each goal described in
subsection (b).
``(2) Establishment.--In support of the goals described in
subsection (b), the Federal Highway Administrator (referred
to in this section as the `Administrator') shall establish a
national highway freight program in accordance with this
section to improve the efficient movement of freight on the
national highway freight network.
``(b) Goals.--The goals of the national highway freight
program are--
``(1) to invest in infrastructure improvements and to
implement operational improvements on the highways of the
United States that--
``(A) strengthen the contribution of the national highway
freight network to the economic competitiveness of the United
States;
``(B) reduce congestion and relieve bottlenecks in the
freight transportation system;
``(C) reduce the cost of freight transportation;
``(D) improve the reliability of freight transportation;
and
``(E) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
``(2) to improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban
areas;
``(3) to improve the state of good repair of the national
highway freight network;
``(4) to use advanced technology to improve the safety and
efficiency of the national highway freight network;
``(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national highway freight network;
``(6) to improve the efficiency and productivity of the
national highway freight network; and
``(7) to reduce the environmental impacts of freight
movement.
``(c) Establishment of a National Highway Freight
Network.--
``(1) In general.--The Administrator shall establish a
national highway freight network in accordance with this
section to assist States in strategically directing resources
toward improved system performance for efficient movement of
freight on highways.
``(2) Network components.--The national highway freight
network shall consist of--
``(A) the primary highway freight system, as designated
under subsection (d);
``(B) critical rural freight corridors established under
subsection (e);
``(C) critical urban freight corridors established under
subsection (f); and
``(D) the portions of the Interstate System not designated
as part of the primary highway freight system, including
designated future Interstate System routes as of the date of
enactment of the DRIVE Act.
``(d) Designation and Redesignation of the Primary Highway
Freight System.--
``(1) Initial designation of primary highway freight
system.--The initial designation of the primary highway
freight system shall be--
``(A) the network designated by the Secretary under section
167(d) of title 23, United States Code, as in effect on the
day before the date of enactment of the DRIVE Act; and
``(B) all National Highway System freight intermodal
connectors.
``(2) Redesignation of primary highway freight system.--
``(A) In general.--Beginning on the date that is 1 year
after the date of enactment of the DRIVE Act and every 5
years thereafter, using the designation factors described in
subparagraph (E), the Administrator shall redesignate the
primary highway freight system (including any additional
mileage added to the primary highway freight system under
this paragraph as of the date on which the redesignation
process is effective).
``(B) Mileage.--
``(i) First redesignation.--In redesignating the primary
highway freight system on the date that is 1 year after the
date of enactment of the DRIVE Act, the Administrator shall
limit the system to 30,000 centerline miles, without regard
to the connectivity of the primary highway freight system.
``(ii) Subsequent redesignations.--Each redesignation after
the redesignation described in clause (i), the Administrator
may increase the primary highway freight system by up to 5
percent of the total mileage of the system, without regard to
the connectivity of the primary highway freight system.
``(C) Considerations.--
``(i) In general.--In redesignating the primary highway
freight system, to the maximum extent practicable, the
Administrator shall use measurable data to assess the
significance of goods movement, including consideration of
points of origin, destination,
[[Page S5829]]
and linking components of the United States global and
domestic supply chains.
``(ii) Intermodal connectors.--In redesignating the primary
highway freight system, the Administrator shall include all
National Highway System freight intermodal connectors.
``(D) Input.--In addition to the process provided to State
freight advisory committees under paragraph (3), in
redesignating the primary highway freight system, the
Administrator shall provide an opportunity for State freight
advisory committees to submit additional miles for
consideration.
``(E) Factors for redesignation.--In redesignating the
primary highway freight system, the Administrator shall
consider--
``(i) the origins and destinations of freight movement in,
to, and from the United States;
``(ii) land and water ports of entry;
``(iii) access to energy exploration, development,
installation, or production areas;
``(iv) proximity of access to other freight intermodal
facilities, including rail, air, water, and pipelines;
``(v) the total freight tonnage and value moved via
highways;
``(vi) significant freight bottlenecks, as identified by
the Administrator;
``(vii) the annual average daily truck traffic on principal
arterials; and
``(viii) the significance of goods movement on principal
arterials, including consideration of global and domestic
supply chains.
``(3) State flexibility for additional miles on primary
highway freight system.--
``(A) In general.--Not later than 1 year after each
redesignation conducted by the Administrator under paragraph
(2), each State, under the advisement of the State freight
advisory committee, as developed and carried out in
accordance with subsection (l), may increase the number of
miles designated as part of the primary highway freight
system in that State by not more than 10 percent of the miles
designated in that State under this subsection if the
additional miles--
``(i) close gaps between primary highway freight system
segments;
``(ii) establish connections of the primary highway freight
system critical to the efficient movement of goods, including
ports, international border crossings, airports, intermodal
facilities, logistics centers, warehouses, and agricultural
facilities; or
``(iii) designate critical emerging freight routes.
``(B) Considerations.--Each State, under the advisement of
the State freight advisory committee that increases the
number of miles on the primary highway freight system under
subparagraph (A) shall--
``(i) consider nominations for the additional miles from
metropolitan planning organizations within the State;
``(ii) ensure that the additional miles are consistent with
the freight plan of the State; and
``(iii) review the primary highway freight system of the
State designated under paragraph (1) and redesignate miles in
a manner that is consistent with paragraph (2).
``(C) Submission.--Each State, under the advisement of the
State freight advisory committee shall--
``(i) submit to the Administrator a list of the additional
miles added under this subsection; and
``(ii) certify that--
``(I) the additional miles meet the requirements of
subparagraph (A); and
``(II) the State, under the advisement of the State freight
advisory committee, has satisfied the requirements of
subparagraph (B).
``(e) Critical Rural Freight Corridors.--A State may
designate a public road within the borders of the State as a
critical rural freight corridor if the public road--
``(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (Federal Highway Administration vehicle class 8 to
13);
``(2) provides access to energy exploration, development,
installation, or production areas;
``(3) connects the primary highway freight system, a
roadway described in paragraph (1) or (2), or the Interstate
System to facilities that handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities;
``(4) provides access to--
``(A) a grain elevator;
``(B) an agricultural facility;
``(C) a mining facility;
``(D) a forestry facility; or
``(E) an intermodal facility;
``(5) connects to an international port of entry;
``(6) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(7) is, in the determination of the State, vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(f) Critical Urban Freight Corridors.--
``(1) Urbanized area with population of 500,000 or more.--
In an urbanized area with a population of 500,000 or more
individuals, the representative metropolitan planning
organization, in consultation with the State, may designate a
public road within the borders of that area of the State as a
critical urban freight corridor.
``(2) Urbanized area with a population less than 500,000.--
In an urbanized area with a population of less than 500,000
individuals, the State, in consultation with the
representative metropolitan planning organization, may
designate a public road within the borders of that area of
the State as a critical urban freight corridor.
``(3) Requirements for designation.--A designation may be
made under paragraphs (1) or (2) if the public road--
``(A) is in an urbanized area, regardless of population;
and
``(B)(i) connects an intermodal facility to--
``(I) the primary highway freight network;
``(II) the Interstate System; or
``(III) an intermodal freight facility;
``(ii) is located within a corridor of a route on the
primary highway freight network and provides an alternative
highway option important to goods movement;
``(iii) serves a major freight generator, logistic center,
or manufacturing and warehouse industrial land; or
``(iv) is important to the movement of freight within the
region, as determined by the metropolitan planning
organization or the State.
``(g) Designation and Certification.--
``(1) Designation.--States and metropolitan planning
organizations may designate corridors under subsections (e)
and (f) and submit the designated corridors to the
Administrator on a rolling basis.
``(2) Certification.--Each State or metropolitan planning
organization that designates a corridor under subsection (e)
or (f) shall certify to the Administrator that the designated
corridor meets the requirements of the applicable subsection.
``(h) Highway Freight Transportation Conditions and
Performance Reports.--Not later than 2 years after the date
of enactment of the DRIVE Act and biennially thereafter, the
Administrator shall prepare and submit to Congress a report
that describes the conditions and performance of the national
highway freight network in the United States.
``(i) Use of Apportioned Funds.--
``(1) In general.--A State shall obligate funds apportioned
to the State under section 104(b)(5) to improve the movement
of freight on the national highway freight network.
``(2) Formula.--The Administrator shall calculate for each
State the proportion that--
``(A) the total mileage in the State designated as part of
the primary highway freight system; bears to
``(B) the total mileage of the primary highway freight
system in all States.
``(3) Use of funds.--
``(A) States with high primary highway freight system
mileage.--If the proportion of a State under paragraph (2) is
greater than or equal to 3 percent, the State may obligate
funds apportioned to the State under section 104(b)(5) for
projects on--
``(i) the primary highway freight system;
``(ii) critical rural freight corridors; and
``(iii) critical urban freight corridors.
``(B) States with low primary highway freight system
mileage.--If the proportion of a State under paragraph (2) is
less than 3 percent, the State may obligate funds apportioned
to the State under section 104(b)(5) for projects on any
component of the national highway freight network.
``(4) Freight planning.--Notwithstanding any other
provision of law, effective beginning 2 years after the date
of enactment of the DRIVE Act, a State may not obligate funds
apportioned to the State under section 104(b)(5) unless the
State has--
``(A) established a freight advisory committee in
accordance with section 5405 of title 49; and
``(B) developed a freight plan in accordance with section
5406 of title 49, except that the multimodal component of the
plan may be incomplete before an obligation may be made under
this section.
``(5) Eligibility.--
``(A) In general.--Except as provided in this subsection,
for a project to be eligible for funding under this section
the project shall--
``(i) contribute to the efficient movement of freight on
the national highway freight network; and
``(ii) be consistent with a freight investment plan
included in a freight plan of the State that is in effect.
``(B) Other projects.--A State may obligate not more than
10 percent of the total apportionment of the State under
section 104(b)(5) for projects--
``(i) within the boundaries of public and private freight
rail, water facilities (including ports), and intermodal
facilities; and
``(ii) that provide surface transportation infrastructure
necessary to facilitate direct intermodal interchange,
transfer, and access into and out of the facility.
``(C) Eligible projects.--Funds apportioned to the State
under section 104(b)(5) for the national highway freight
program may be obligated to carry out 1 or more of the
following:
``(i) Development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities.
[[Page S5830]]
``(ii) Construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to land), construction
contingencies, acquisition of equipment, and operational
improvements directly relating to improving system
performance.
``(iii) Intelligent transportation systems and other
technology to improve the flow of freight, including
intelligent freight transportation systems.
``(iv) Efforts to reduce the environmental impacts of
freight movement.
``(v) Environmental and community mitigation of freight
movement.
``(vi) Railway-highway grade separation.
``(vii) Geometric improvements to interchanges and ramps.
``(viii) Truck-only lanes.
``(ix) Climbing and runaway truck lanes.
``(x) Adding or widening of shoulders.
``(xi) Truck parking facilities eligible for funding under
section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-
141).
``(xii) Real-time traffic, truck parking, roadway
condition, and multimodal transportation information systems.
``(xiii) Electronic screening and credentialing systems for
vehicles, including weigh-in-motion truck inspection
technologies.
``(xiv) Traffic signal optimization, including synchronized
and adaptive signals.
``(xv) Work zone management and information systems.
``(xvi) Highway ramp metering.
``(xvii) Electronic cargo and border security technologies
that improve truck freight movement.
``(xviii) Intelligent transportation systems that would
increase truck freight efficiencies inside the boundaries of
intermodal facilities.
``(xix) Additional road capacity to address highway freight
bottlenecks.
``(xx) A highway project, other than a project described in
clauses (i) through (xix), to improve the flow of freight on
the national highway freight network.
``(xxi) Any other surface transportation project to improve
the flow of freight into and out of a facility described in
subparagraph (B).
``(6) Other eligible costs.--In addition to the eligible
projects identified in paragraph (5), a State may use funds
apportioned under section 104(b)(5) for--
``(A) carrying out diesel retrofit or alternative fuel
projects under section 149 for class 8 vehicles; and
``(B) the necessary costs of--
``(i) conducting analyses and data collection related to
the national highway freight program;
``(ii) developing and updating performance targets to carry
out this section; and
``(iii) reporting to the Administrator to comply with
section 150.
``(7) Applicability of planning requirements.--Programming
and expenditure of funds for projects under this section
shall be consistent with the requirements of sections 134 and
135.
``(j) State Performance Targets.--If the Administrator
determines that a State has not met or made significant
progress toward meeting the performance targets related to
freight movement of the State established under section
150(d) by the date that is 2 years after the date of the
establishment of the performance targets, until the date on
which the Administrator determines that the State has met or
has made significant progress towards meeting the performance
targets, the State shall submit to the Administrator, on a
biennial basis, a freight performance improvement plan that
includes--
``(1) an identification of significant freight system
trends, needs, and issues within the State;
``(2) a description of the freight policies and strategies
that will guide the freight-related transportation
investments of the State;
``(3) an inventory of freight bottlenecks within the State
and a description of the ways in which the State is
allocating the national highway freight program funds to
improve those bottlenecks; and
``(4) a description of the actions the State will undertake
to meet the performance targets of the State.
``(k) Study of Multimodal Projects.--Not later than 2 years
after the date of enactment of the DRIVE Act, the
Administrator shall submit to Congress a report that
contains--
``(1) a study of freight projects identified in State
freight plans under section 5406 of title 49; and
``(2) an evaluation of multimodal freight projects included
in the State freight plans, or otherwise identified by
States, that are subject to the limitation of funding for
such projects under this section.
``(l) State Freight Advisory Committees.--A State freight
advisory committee shall be carried out as described in
section 5405 of title 49.
``(m) State Freight Plans.--A State freight plan shall be
carried out as described in section 5406 of title 49.
``(n) Intelligent Freight Transportation System.--
``(1) Definition of intelligent freight transportation
system.--In this section, the term `intelligent freight
transportation system' means--
``(A) an innovative or intelligent technological
transportation system, infrastructure, or facilities,
including electronic roads, driverless trucks, elevated
freight transportation facilities, and other intelligent
freight transportation systems; and
``(B) a communications or information processing system
used singly or in combination for dedicated intelligent
freight lanes and conveyances that improve the efficiency,
security, or safety of freight on the Federal-aid highway
system or that operate to convey freight or improve existing
freight movements.
``(2) Location.--An intelligent freight transportation
system shall be located--
``(A)(i) along existing Federal-aid highways; or
``(ii) in a manner that connects ports-of-entry to existing
Federal-aid highways; and
``(B) in proximity to, or within, an existing right-of-way
on a Federal-aid highway.
``(3) Operating standards.--The Administrator of the
Federal Highway Administration shall determine the need for
establishing operating standards for intelligent freight
transportation systems.
``(o) Treatment of Freight Projects.--Notwithstanding any
other provision of law, a freight project carried out under
this section shall be treated as if the project were on a
Federal-aid highway.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by adding at the end the following:
``167. National highway freight program.''
(2) Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C. 167
note; Public Law 112-141) are repealed.
TITLE XLIV--GRANTS
SEC. 44001. PURPOSE; DEFINITIONS; ADMINISTRATION.
(a) In General.--The purpose of the grants described in the
amendments made by section 44002 is to assist in funding
critical high-cost transportation infrastructure projects
that--
(1) are difficult to complete with existing Federal, State,
local, and private funds; and
(2) will achieve 1 or more of--
(A) generation of national or regional economic benefits
and an increase in the global economic competitiveness of the
United States;
(B) reduction of congestion and the impacts of congestion;
(C) improvement of facilities vital to agriculture,
manufacturing, or national energy security;
(D) improvement of the efficiency, reliability, and
affordability of the movement of freight;
(E) improvement of transportation safety;
(F) improvement of existing and designated future
Interstate System routes; or
(G) improvement of the movement of people through improving
rural connectivity and metropolitan accessibility.
(b) Definitions.--In this section and for purposes of the
grant programs established under the amendments made by
section 44002:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State (or a group of States);
(B) a local government (or a group of local governments);
(C) a tribal government (or a consortium of tribal
governments);
(D) a transit agency (or a group of transit agencies);
(E) a special purpose district or a public authority with a
transportation function;
(F) a port authority (or a group of port authorities);
(G) a political subdivision of a State or local government;
(H) a Federal land management agency, jointly with the
applicable State; or
(I) a multistate or multijurisdictional group of entities
described in subparagraphs (A) through (H).
(2) Rural area.--The term ``rural area'' means an area that
is outside of an urbanized area with a population greater
than 150,000 individuals, as determined by the Bureau of the
Census.
(3) Rural state.--The term ``rural State'' means a State
that has a population density of 80 or fewer persons per
square mile, based on the most recent decennial census.
(c) Applications.--
(1) In general.--An eligible applicant shall submit to the
Secretary or the Federal Highway Administrator (referred to
in this section as the ``Administrator''), as appropriate, an
application in such form and containing such information as
the Secretary or Administrator, as appropriate, determines
necessary, including the total amount of the grant requested.
(2) Contents.--Each application submitted under this
paragraph shall include data on the most recent system
performance, to the extent practicable, and estimated system
improvements that will result from completion of the eligible
project, including projections for improvements 5 and 10
years after completion of the project.
(3) Resubmission of applications.--An eligible applicant
whose project is not selected may resubmit an application in
a subsequent solicitation with an addendum indicating changes
to the project application.
(d) Accountability Measures.--The Secretary and the
Administrator shall establish accountability measures for the
management of the grants described in this section--
(1) to establish clear procedures for addressing late-
arriving applications;
(2) to publicly communicate decisions to accept or reject
applications; and
[[Page S5831]]
(3) to document major decisions in the application
evaluation and project selection process through a decision
memorandum or similar mechanism that provides a clear
rationale for decisions.
(e) Geographic Distribution.--In awarding grants, the
Secretary or Administrator, as appropriate, shall take
measures to ensure, to the maximum extent practicable--
(1) an equitable geographic distribution of amounts; and
(2) an appropriate balance in addressing the needs of rural
and urban communities.
(f) Reports.--
(1) In general.--The Secretary or the Administrator, as
appropriate, shall make available on the website of the
Department at the end of each fiscal year an annual report
that lists each project for which a grant has been provided
under this section during that fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants described in
this title.
(B) Report.--Not later than 1 year after the initial
awarding of grants described in this section, the Comptroller
General of the United States shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that describes--
(i) the adequacy and fairness of the process by which each
project was selected, if applicable;
(ii) the justification and criteria used for the selection
of each project, if applicable.
SEC. 44002. GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 171. Assistance for major projects program
``(a) Purpose of Program.--The purpose of the assistance
for major projects program shall be the purpose described in
section 44001 of the DRIVE Act.
``(b) Definitions.--In this section--
``(1) the terms defined in section 44001 of the DRIVE Act
shall apply; and
``(2) the following definitions shall apply:
``(A) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(B) Eligible project.--
``(i) In general.--The term `eligible project' means a
surface transportation project, or a program of integrated
surface transportation projects closely related in the
function the projects perform, that--
``(I) is a capital project that is eligible for Federal
financial assistance under--
``(aa) this title; or
``(bb) chapter 53 of title 49; and
``(II) except as provided in clause (ii), has eligible
project costs that are reasonably anticipated to equal or
exceed the lesser of--
``(aa) $350,000,000; and
``(bb)(AA) for a project located in a single State, 25
percent of the amount of Federal-aid highway funds
apportioned to the State for the most recently completed
fiscal year;
``(BB) for a project located in a single rural State with a
population density of 80 or fewer persons per square mile
based on the most recent decennial census, 10 percent of the
amount of Federal-aid highway funds apportioned to the State
for the most recently completed fiscal year; or
``(CC) for a project located in more than 1 State, 75
percent of the amount of Federal-aid highway funds
apportioned to the participating State that has the largest
apportionment for the most recently completed fiscal year.
``(ii) Federal land transportation facility.--In the case
of a Federal land transportation facility, the term `eligible
project' means a Federal land transportation facility that
has eligible project costs that are reasonably anticipated to
equal or exceed $150,000,000.
``(C) Eligible project costs.--The term `eligible project
costs' means the costs of--
``(i) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(ii) construction, reconstruction, rehabilitation, and
acquisition of real property (including land related to the
project and improvements to land), environmental mitigation,
construction contingencies, acquisition of equipment directly
related to improving system performance, and operational
improvements.
``(c) Establishment of Program.--The Administrator shall
establish a program in accordance with this section to
provide grants for projects that will have a significant
impact on a region or the Nation.
``(d) Solicitations and Applications.--
``(1) Grant solicitations.--The Administrator shall conduct
a transparent and competitive national solicitation process
to review eligible projects for funding under this section.
``(2) Applications.--An eligible applicant shall submit an
application to the Administrator in such form as described in
and in accordance with section 44001 of the DRIVE Act.
``(e) Criteria for Project Evaluation and Selection.--
``(1) In general.--The Administrator may select a project
for funding under this section only if the Administrator
determines that the project--
``(A) is consistent with the national goals described in
section 150(b);
``(B) will significantly improve the performance of the
national surface transportation network, nationally or
regionally;
``(C) is based on the results of preliminary engineering;
``(D) is consistent with the long-range statewide
transportation plan;
``(E) cannot be readily and efficiently completed without
Federal financial assistance;
``(F) is justified based on the ability of the project to
achieve 1 or more of--
``(i) generation of national economic benefits that
reasonably exceed the costs of the project;
``(ii) reduction of long-term congestion, including impacts
on a national, regional, and statewide basis;
``(iii) an increase in the speed, reliability, and
accessibility of the movement of people or freight; or
``(iv) improvement of transportation safety, including
reducing transportation accident and serious injuries and
fatalities; and
``(G) is supported by a sufficient amount of non-Federal
funding, including evidence of stable and dependable
financing to construct, maintain, and operate the
infrastructure facility.
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Administrator shall consider the extent to
which the project--
``(A) leverages Federal investment by encouraging non-
Federal contributions to the project, including contributions
from public-private partnerships;
``(B) is able to begin construction by the date that is not
later than 18 months after the date on which the project is
selected;
``(C) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(D) helps maintain or protect the environment;
``(E) improves roadways vital to national energy security;
``(F) improves or upgrades designated future Interstate
System routes;
``(G) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project;
``(H) helps to improve mobility and accessibility; and
``(I) address the impact of population growth on the
movement of people and freight.
``(f) Geographic Distribution.--In awarding grants under
this section, the Administrator shall take measures as
described in section 44001 of the DRIVE Act.
``(g) Funding Requirements.--
``(1) In general.--Except in the case of projects described
in paragraph (2), the amount of a grant under this section
shall be at least $50,000,000.
``(2) Rural projects.--The amounts made available for a
fiscal year under this section for eligible projects located
in rural areas or in rural States shall not be--
``(A) less than 20 percent of the amount made available for
the fiscal year under this section; and
``(B) subject to paragraph (1).
``(3) Limitation of funds.--Not more than 20 percent of the
funds made available for a fiscal year to carry out this
section shall be allocated for projects eligible under
section 167(i)(5)(B) or chapter 53 of title 49.
``(4) State cap.--
``(A) In general.--Not more than 20 percent of the funds
made available for a fiscal year to carry out this section
may be awarded to projects in a single State.
``(B) Exception for multistate projects.--For purposes of
the limitation described in subparagraph (A), funds awarded
for a multistate project shall be considered to be
distributed evenly to each State.
``(5) TIFIA program.--On the request of an eligible
applicant under this section, the Administrator may use
amounts awarded to the entity to pay subsidy and
administrative costs necessary to provide the entity Federal
credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(h) Grant Requirements.--
``(1) Applicability of planning requirements.--The
programming and expenditure of funds for projects under this
section shall be consistent with the requirements of sections
134 and 135.
``(2) Determination of applicable modal requirements.--If
an eligible project that receives a grant under this section
has a crossmodal component, the Administrator--
``(A) shall determine the predominant modal component of
the project; and
``(B) may apply the applicable requirements of that
predominant modal component to the project.
``(i) Report to the Administrator.--For each project funded
under this section, the project sponsor shall evaluate system
performance and submit to the Administrator a report not
later than 5, 10, and 20 years after completion of the
project to assess whether the project outcomes have met
preconstruction projections.
``(j) Administrative Selection.--The Administrator shall
award grants to eligible projects in a fiscal year based on
the criteria described in subsection (e).
``(k) Reports.--
[[Page S5832]]
``(1) In general.--The Administrator shall provide an
annual report as described in section 44001 of the DRIVE Act.
``(2) Comptroller general.--The Comptroller General of the
United States shall conduct an assessment as described in
section 44001 of the DRIVE Act.''.
(b) Assistance for Freight Projects.--Chapter 54 of
subtitle III of title 49, United States Code, as amended by
section 42005, is amended by adding after section 5408 the
following:
``Sec. 5409. Assistance for freight projects
``(a) Establishment.--The Secretary shall establish and
implement an assistance for freight projects grant program
for capital investments in major freight transportation
infrastructure projects to improve the movement of goods
through the transportation network of the United States.
``(b) Criteria for Project Evaluation and Selection.--
``(1) In general.--The Secretary may select a project for
funding under this section only if the Secretary determines
that the project--
``(A) is consistent with the goals described in section
5402(b);
``(B) will significantly improve the national or regional
performance of the freight transportation network;
``(C) is based on the results of preliminary engineering;
``(D) is consistent with the long-range statewide
transportation plan;
``(E) cannot be readily and efficiently completed without
Federal financial assistance;
``(F) is justified based on the ability of the project--
``(i) to generate national economic benefits that
reasonably exceed the costs of the project;
``(ii) to reduce long-term congestion, including impacts on
a regional and statewide basis; or
``(iii) to increase the speed, reliability, and
accessibility of the movement of freight; and
``(G) is supported by a sufficient amount of non-Federal
funding, including evidence of stable and dependable
financing to construct, maintain, and operate the
infrastructure facility.
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Secretary shall consider the extent to
which the project--
``(A) leverages Federal investment by encouraging non-
Federal contributions to the project, including contributions
from public-private partnerships;
``(B) is able to begin construction by the date that is not
later than 1 year after the date on which the project is
selected;
``(C) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(D) improves freight facilities vital to agricultural or
national energy security;
``(E) improves or upgrades current or designated future
Interstate System routes;
``(F) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project;
``(G) helps to improve mobility and accessibility; and
``(H) improves transportation safety, including reducing
transportation accident and serious injuries and fatalities.
``(c) Eligible Projects.--
``(1) In general.--A project is eligible for a grant under
this section if the project--
``(A) is difficult to complete with existing Federal,
State, local, and private funds;
``(B)(i) enhances the economic competitiveness of the
United States; or
``(ii) improves the flow of freight or reduces bottlenecks
in the freight infrastructure of the United States; and
``(C) will advance 1 or more of the following objectives:
``(i) Generate regional or national economic benefits and
an increase in the global economic competitiveness of the
United States.
``(ii) Improve transportation resources vital to
agriculture or national energy security.
``(iii) Improve the efficiency, reliability, and
affordability of the movement of freight.
``(iv) Improve existing freight infrastructure projects.
``(v) Improve the movement of people by improving rural and
metropolitan freight routes.
``(2) Examples.--Eligible projects for grant funding under
this section shall include--
``(A) a freight intermodal facility, including--
``(i) an intermodal facility serving a seaport;
``(ii) an intermodal or cargo access facility serving an
airport;
``(iii) an intermodal facility serving a port on the inland
waterways;
``(iv) a bulk intermodal/transload facility; or
``(v) a highway/rail intermodal facility;
``(B) a highway or bridge project eligible under title 23;
``(C) a public transportation project that reduces
congestion on freight corridors and is eligible under chapter
53;
``(D) a freight rail transportation project (including
rail-grade separations); and
``(E) a port infrastructure investment (including inland
port infrastructure).
``(d) Requirements.--
``(1) Considerations.--In selecting projects to receive
grant funding under this section, the Secretary shall--
``(A) consider--
``(i) projected freight volumes; and
``(ii) how projects will enhance economic efficiency,
productivity, and competitiveness;
``(iii) population growth and the impact on freight demand;
and
``(B) give priority to projects dedicated to--
``(i) improving freight infrastructure facilities;
``(ii) reducing travel time for freight projects;
``(iii) reducing freight transportation costs; and
``(iv) reducing congestion caused by rapid population
growth on freight corridors.
``(2) Multimodal distribution of funds.--In distributing
funding for grants under this section, the Secretary shall
take such measures as the Secretary determines necessary to
ensure the investment in a variety of transportation modes.
``(3) Amount.--
``(A) In general.--Except as provided in subparagraph
(B)(i), a grant under this section shall be in an amount that
is not less than $10,000,000 and not greater than
$100,000,000.
``(B) Projects in rural areas.--If a grant awarded under
this section is for a project located in a rural area--
``(i) the amount of the grant shall be at least $1,000,000;
and
``(ii) the Secretary may increase the Federal share of
costs to greater than 80 percent.
``(4) Federal share.--Except as provided under paragraph
(3)(B)(ii), the Federal share of the costs for a project
receiving a grant under this section shall be up to 80
percent.
``(5) Priority.--The Secretary shall give priority to
projects that require a contribution of Federal funds in
order to complete an overall financing package.
``(6) Rural areas.--Not less than 25 percent of the funding
provided under this section shall be used to make grants for
projects located in rural areas.
``(7) New competition.--The Secretary shall conduct a new
competition each fiscal year to select the grants and credit
assistance awarded under this section.
``(e) Consultation.--The Secretary shall consult with the
Secretary of Energy when considering projects that facilitate
the movement of energy resources.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
from the general fund of the Treasury, $200,000,000 for each
of fiscal years 2016 through 2021 to carry out this section.
``(2) Administrative and oversight costs.--The Secretary
may retain up to 0.5 percent of the amounts appropriated
pursuant to paragraph (1)--
``(A) to administer the assistance for freight projects
grant program; and
``(B) to oversee eligible projects funded under this
section.
``(3) Administration of funds.--Amounts appropriated
pursuant to this subsection shall be available for obligation
until expended.
``(g) Congressional Notification.--Not later than 72 hours
before public notification of a grant awarded under this
section, the Secretary shall notify the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works of the Senate, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Committee on Appropriations of the Senate, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Appropriations of
the House of Representatives of such award.
``(h) Accountability Measures.--The Secretary shall provide
to Congress documentation of major decisions in the
application evaluation and project selection process, which
shall include a clear rationale for decisions--
``(1) to advance for senior review applications other than
those rated as highly recommended;
``(2) to not advance applications rated as highly
recommended; and
``(3) to change the technical evaluation rating of an
application.''.
(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``171. Assistance for major projects program.''.
DIVISION E--FINANCE
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Transportation Funding
Act of 2015''.
TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
SEC. 51101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986, as amended by division G, is amended--
(1) by striking ``October 1, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2021'', and
(2) by striking ``Surface Transportation Extension Act of
2015'' in subsections (c)(1) and (e)(3) and inserting ``DRIVE
Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986, as amended by
division G is amended--
[[Page S5833]]
(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 required to be filed (including
extensions, if any), or
``(ii) the date which is 30 days after the date such return
is filed.
[[Page S5834]]
``(B) Adjustments.--In any case in which there is an
adjustment to the information required to be included on a
statement filed under paragraph (1) or (2) after such
statement has been filed, a supplemental statement under such
paragraph shall be filed not later than the date which is 30
days after such adjustment is made.
``(b) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out this section, including
regulations relating to--
``(1) the extension of this section to property of estates
not required to file an estate tax return, and
``(2) situations in which the surviving joint tenant or
other recipient may have better information than the executor
regarding the basis or fair market value of the property.''.
(2) Penalty for failure to file.--
(A) Return.--Section 6724(d)(1) of such Code is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) any statement required to be filed with the Secretary
under section 6035.''.
(B) Statement.--Section 6724(d)(2) of such Code is amended
by striking ``or'' at the end of subparagraph (GG), by
striking the period at the end of subparagraph (HH) and
inserting ``, or'', and by adding at the end the following
new subparagraph:
``(II) section 6035 (other than a statement described in
paragraph (1)(D)).''.
(3) Clerical amendment.--The table of sections for subpart
A of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6034A
the following new item:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Penalty for Inconsistent Reporting.--
(1) In general.--Subsection (b) of section 6662 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (7) the following new paragraph:
``(8) Any inconsistent estate basis.''.
(2) Inconsistent basis reporting.--Section 6662 of such
Code is amended by adding at the end the following new
subsection:
``(k) Inconsistent Estate Basis Reporting.--For purposes of
this section, there is an `inconsistent estate basis' if the
basis of property (determined without regard to adjustments
to basis during the period the property was held by the
taxpayer) claimed on a return exceeds the basis as determined
under section 1014(f).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns filed after the date of the enactment
of this Act.
SEC. 52102. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section
52102(d) of the Transportation Funding Act of 2015.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2016, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 52102(d) of the Transportation Funding Act of
2015.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Authority To Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State shall not issue a passport
to any individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in such subparagraph.
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for
any action with respect to a certification by the
Commissioner of Internal Revenue under section 7345 of the
Internal Revenue Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual
Without Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving an application for a passport from an
individual that either--
(i) does not include the social security account number
issued to that individual, or
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such application
and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(f) Effective Date.--The provisions of, and amendments made
by, this section shall take effect on January 1, 2016.
SEC. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN
CASE OF OVERSTATEMENT OF BASIS.
(a) In General.--Subparagraph (B) of section 6501(e)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) An understatement of gross income by reason of an
overstatement of unrecovered cost or other basis is an
omission from gross income; and'',
(2) by inserting ``(other than in the case of an
overstatement of unrecovered cost or other basis)'' in clause
(iii) (as so redesignated) after ``In determining the amount
omitted from gross income'', and
(3) by inserting ``amount omitted from'' after
``Determination of'' in the heading thereof.
(b) Effective Date.--The amendments made by this section
shall apply to--
(1) returns filed after the date of the enactment of this
Act, and
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of
1986 (determined without regard to such amendments) for
assessment of the taxes with respect to which
[[Page S5835]]
such return relates has not expired as of such date.
SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RELATING TO
MORTGAGE INTEREST.
(a) In General.--Paragraph (2) of section 6050H(b) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (C), by redesignating subparagraph
(D) as subparagraph (G), and by inserting after subparagraph
(C) the following new subparagraphs:
``(D) the amount of outstanding principal on the mortgage
as of the beginning of such calendar year,
``(E) the address of the property securing such mortgage,
``(F) the date of the origination of such mortgage, and''.
(b) Payee Statements.--Subsection (d) of section 6050H of
the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by
inserting after paragraph (2) the following new paragraph:
``(3) the information required to be included on the return
under subparagraphs (D), (E), and (F) of subsection
(b)(2).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns and statements the due date for which
(determined without regard to extensions) is after December
31, 2016.
SEC. 52105. RETURN DUE DATE MODIFICATIONS.
(a) New Due Date for Partnership Form 1065, S Corporation
Form 1120S, and C Corporation Form 1120.--
(1) Partnerships.--
(A) In general.--Section 6072 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Returns of Partnerships.--Returns of partnerships
under section 6031 made on the basis of the calendar year
shall be filed on or before the 15th day of March following
the close of the calendar year, and such returns made on the
basis of a fiscal year shall be filed on or before the 15th
day of the third month following the close of the fiscal
year.''.
(B) Conforming amendment.--Section 6072(a) of such Code is
amended by striking ``6017, or 6031'' and inserting ``or
6017''.
(2) S corporations.--
(A) In general.--So much of subsection (b) of section 6072
of the Internal Revenue Code of 1986 as precedes the second
sentence thereof is amended to read as follows:
``(b) Returns of Certain Corporations.--Returns of S
corporations under sections 6012 and 6037 made on the basis
of the calendar year shall be filed on or before the 31st day
of March following the close of the calendar year, and such
returns made on the basis of a fiscal year shall be filed on
or before the last day of the third month following the close
of the fiscal year.''.
(B) Conforming amendments.--
(i) Section 1362(b) of such Code is amended--
(I) by striking ``15th'' each place it appears and
inserting ``last'',
(II) by striking ``2\1/2\'' each place it appears in the
headings and the text and inserting ``3'', and
(III) by striking ``2 months and 15 days'' in paragraph (4)
and inserting ``3 months''.
(ii) Section 1362(d)(1)(C)(i) of such Code is amended by
striking ``15th'' and inserting ``last''.
(iii) Section 1362(d)(1)(C)(ii) of such Code is amended by
striking ``such 15th day'' and inserting ``the last day of
the 3d month thereof''.
(3) Conforming amendments relating to c corporations.--
(A) Section 170(a)(2)(B) of such Code is amended by
striking ``third month'' and inserting ``4th month''.
(B) Section 563 of such Code is amended by striking ``third
month'' each place it appears and inserting ``4th month''.
(C) Section 1354(d)(1)(B)(i) of such Code is amended by
striking ``3d month'' and inserting ``4th month''.
(D) Subsection (a) and (c) of section 6167 of such Code are
each amended by striking ``third month'' and inserting ``4th
month''.
(E) Section 6425(a)(1) of such Code is amended by striking
``third month'' and inserting ``4th month''.
(F) Section 6655 of such Code is amended--
(i) by striking ``3rd month'' each place it appears in
subsections (b)(2)(A), (g)(3), and (h)(1) and inserting ``4th
month'', and
(ii) in subsection (g)(4), by redesignating subparagraph
(E) as subparagraph (F) and by inserting after subparagraph
(D) the following new subparagraph:
``(E) Subsection (b)(2)(A) shall be applied by substituting
`the last day of the 3rd month' for `the 15th day of the 4th
month'.''.
(4) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, the amendments made by this subsection shall apply
to returns for taxable years beginning after December 31,
2015.
(B) Conforming amendments relating to s corporations.--The
amendments made by paragraph (2)(B) shall apply with respect
to elections for taxable years beginning after December 31,
2015.
(C) Conforming amendments relating to c corporations.--The
amendments made by paragraph (3) shall apply to taxable years
beginning after December 31, 2015.
(5) Special rule for certain c corporation in 2025.--In the
case of a taxable year of a C Corporation ending on June 30,
2025, section 6072(a) of the Internal Revenue Code of 1986
shall be applied by substituting ``third month'' for ``fourth
month''.
(b) Modification of Due Dates by Regulation.--In the case
of returns for any taxable period beginning after December
31, 2015, the Secretary of the Treasury or the Secretary's
delegate shall modify appropriate regulations to provide as
follows:
(1) The maximum extension for the returns of partnerships
filing Form 1065 shall be a 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(2) The maximum extension for the returns of trusts and
estates filing Form 1041 shall be a 5\1/2\-month period
beginning on the due date for filing the return (without
regard to any extensions).
(3) The maximum extension for the returns of employee
benefit plans filing Form 5500 shall be an automatic 3\1/2\-
month period beginning on the due date for filing the return
(without regard to any extensions).
(4) The maximum extension for the Forms 990 (series)
returns of organizations exempt from income tax shall be an
automatic 6-month period beginning on the due date for filing
the return (without regard to any extensions).
(5) The maximum extension for the returns of organizations
exempt from income tax that are required to file Form 4720
returns of excise taxes shall be an automatic 6-month period
beginning on the due date for filing the return (without
regard to any extensions).
(6) The maximum extension for the returns of trusts
required to file Form 5227 shall be an automatic 6-month
period beginning on the due date for filing the return
(without regard to any extensions).
(7) The maximum extension for filing Form 6069, Return of
Excise Tax on Excess Contributions to Black Lung Benefit
Trust Under Section 4953 and Computation of Section 192
Deduction, shall be an automatic 6-month period beginning on
the due date for filing the return (without regard to any
extensions).
(8) The maximum extension for a taxpayer required to file
Form 8870 shall be an automatic 6-month period beginning on
the due date for filing the return (without regard to any
extensions).
(9) The due date of Form 3520-A, Annual Information Return
of a Foreign Trust with a United States Owner, shall be the
15th day of the 3rd month after the close of the trust's
taxable year, and the maximum extension shall be a 6-month
period beginning on such day.
(10) The due date of FinCEN Form 114 (relating to Report of
Foreign Bank and Financial Accounts) shall be April 15 with a
maximum extension for a 6-month period ending on October 15,
and with provision for an extension under rules similar to
the rules of 26 C.F.R. 1.6081-5. For any taxpayer required to
file such form for the first time, the Secretary of the
Treasury may waive any penalty for failure to timely request
or file an extension.
(11) Taxpayers filing Form 3520, Annual Return to Report
Transactions with Foreign Trusts and Receipt of Certain
Foreign Gifts, shall be allowed to extend the time for filing
such form separately from the income tax return of the
taxpayer, for an automatic 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(c) Corporations Permitted Statutory Automatic 6-month
Extension of Income Tax Returns.--
(1) In general.--Section 6081(b) of the Internal Revenue
Code of 1986 is amended by striking ``3 months'' and
inserting ``6 months''.
(2) Effective date.--The amendments made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2015.
(3) Special rule for certain c corporations in 2024.--In
the case of any taxable year of a C corporation ending on
December 31, 2024, subsections (a) and (b) of section 6081 of
the Internal Revenue Code of 1986 shall each be applied to
returns of income taxes under subtitle A by substituting ``5
months'' for ``6 months''.
SEC. 52106. REFORM OF RULES RELATING TO QUALIFIED TAX
COLLECTION CONTRACTS.
(a) Requirement to Collect Certain Inactive Tax Receivables
Under Qualified Tax Collection Contracts.--Section 6306 of
the Internal Revenue Code of 1986 is amended by redesignating
subsections (c) through (f) as subsections (d) through (g),
respectively, and by inserting after subsection (b) the
following new subsection:
``(c) Collection of Inactive Tax Receivables.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into one or more qualified tax
collection contracts for the collection of all outstanding
inactive tax receivables.
``(2) Inactive tax receivables.--For purposes of this
section--
``(A) In general.--The term `inactive tax receivable' means
any tax receivable if--
``(i) at any time after assessment, the Internal Revenue
Service removes such receivable from the active inventory for
lack of resources or inability to locate the taxpayer,
``(ii) more than \1/3\ of the period of the applicable
statute of limitation has lapsed and such receivable has not
been assigned for collection to any employee of the Internal
Revenue Service, or
[[Page S5836]]
``(iii) in the case of a receivable which has been assigned
for collection, more than 365 days have passed without
interaction with the taxpayer or a third party for purposes
of furthering the collection of such receivable.
``(B) Tax receivable.--The term `tax receivable' means any
outstanding assessment which the Internal Revenue Service
includes in potentially collectible inventory.''.
(b) Certain Tax Receivables Not Eligible for Collection
Under Qualified Tax Collection Contracts.--Section 6306 of
the Internal Revenue Code of 1986, as amended by subsection
(a), is amended by redesignating subsections (d) through (g)
as subsections (e) through (h), respectively, and by
inserting after subsection (c) the following new subsection:
``(d) Certain Tax Receivables Not Eligible for Collection
Under Qualified Tax Collections Contracts.--A tax receivable
shall not be eligible for collection pursuant to a qualified
tax collection contract if such receivable--
``(1) is subject to a pending or active offer-in-compromise
or installment agreement,
``(2) is classified as an innocent spouse case,
``(3) involves a taxpayer identified by the Secretary as
being--
``(A) deceased,
``(B) under the age of 18,
``(C) in a designated combat zone, or
``(D) a victim of tax-related identity theft,
``(4) is currently under examination, litigation, criminal
investigation, or levy, or
``(5) is currently subject to a proper exercise of a right
of appeal under this title.''.
(c) Contracting Priority.--Section 6306 of the Internal
Revenue Code of 1986, as amended by the preceding provisions
of this section, is amended by redesignating subsection (h)
as subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Contracting Priority.--In contracting for the
services of any person under this section, the Secretary
shall utilize private collection contractors and debt
collection centers on the schedule required under section
3711(g) of title 31, United States Code, including the
technology and communications infrastructure established
therein, to the extent such private collection contractors
and debt collection centers are appropriate to carry out the
purposes of this section.''.
(d) Disclosure of Return Information.--Section 6103(k) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(11) Qualified tax collection contractors.--Persons
providing services pursuant to a qualified tax collection
contract under section 6306 may, if speaking to a person who
has identified himself or herself as having the name of the
taxpayer to which a tax receivable (within the meaning of
such section) relates, identify themselves as contractors of
the Internal Revenue Service and disclose the business name
of the contractor, and the nature, subject, and reason for
the contact. Disclosures under this paragraph shall be made
only in such situations and under such conditions as have
been approved by the Secretary.''.
(e) Taxpayers Affected by Federally Declared Disasters.--
Section 6306 of the Internal Revenue Code of 1986, as amended
by the preceding provisions of this section, is amended by
redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Taxpayers in Presidentially Declared Disaster
Areas.--The Secretary may prescribe procedures under which a
taxpayer determined to be affected by a Federally declared
disaster (as defined by section 165(i)(5)) may request--
``(1) relief from immediate collection measures by
contractors under this section, and
``(2) a return of the inactive tax receivable to the
inventory of the Internal Revenue Service to be collected by
an employee thereof.''.
(f) Report to Congress.--
(1) In general.--Section 6306 of the Internal Revenue Code
of 1986, as amended by the preceding provisions of this
section, is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the
following new subsection:
``(j) Report to Congress.--Not later than 90 days after the
last day of each fiscal year (beginning with the first such
fiscal year ending after the date of the enactment of this
subsection), the Secretary shall submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report with respect to
qualified tax collection contracts under this section which
shall include--
``(1) annually, with respect to such fiscal year--
``(A) the total number and amount of tax receivables
provided to each contractor for collection under this
section,
``(B) the total amounts collected (and amounts of
installment agreements entered into under subsection
(b)(1)(B)) with respect to each contractor and the collection
costs incurred (directly and indirectly) by the Internal
Revenue Service with respect to such amounts,
``(C) the impact of such contracts on the total number and
amount of unpaid assessments, and on the number and amount of
assessments collected by Internal Revenue Service personnel
after initial contact by a contractor,
``(D) the amount of fees retained by the Secretary under
subsection (e) and a description of the use of such funds,
and
``(E) a disclosure safeguard report in a form similar to
that required under section 6103(p)(5), and
``(2) biannually (beginning with the second report
submitted under this subsection)--
``(A) an independent evaluation of contractor performance,
and
``(B) a measurement plan that includes a comparison of the
best practices used by the private collectors to the
collection techniques used by the Internal Revenue Service
and mechanisms to identify and capture information on
successful collection techniques used by the contractors that
could be adopted by the Internal Revenue Service.''.
(2) Repeal of existing reporting requirements with respect
to qualified tax collection contracts.--Section 881 of the
American Jobs Creation Act of 2004 is amended by striking
subsection (e).
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply to tax receivables identified by the
Secretary after the date of the enactment of this Act.
(2) Contracting priority.--The Secretary shall begin
entering into contracts and agreements as described in the
amendment made by subsection (c) within 3 months after the
date of the enactment of this Act.
(3) Disclosures.--The amendment made by subsection (d)
shall apply to disclosures made after the date of the
enactment of this Act.
(4) Procedures; report to congress.--The amendments made by
subsections (e) and (f) shall take effect on the date of the
enactment of this Act.
SEC. 52107. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) In General.--Subsection (e) of section 6306 of the
Internal Revenue Code of 1986, as redesignated by section
52106, is amended by striking ``for collection enforcement
activities of the Internal Revenue Service'' in paragraph (2)
and inserting ``to fund the special compliance personnel
program account under section 6307''.
(b) Special Compliance Personnel Program Account.--
Subchapter A of chapter 64 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
``SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.
``(a) Establishment of a Special Compliance Personnel
Program Account.--The Secretary shall establish an account
within the Department for carrying out a program consisting
of the hiring, training, and employment of special compliance
personnel, and shall transfer to such account from time to
time amounts retained by the Secretary under section
6306(e)(2).
``(b) Restrictions.--The program described in subsection
(a) shall be subject to the following restrictions:
``(1) No funds shall be transferred to such account except
as described in subsection (a).
``(2) No other funds from any other source shall be
expended for special compliance personnel employed under such
program, and no funds from such account shall be expended for
the hiring of any personnel other than special compliance
personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any
purpose other than for costs under such program associated
with the employment of special compliance personnel and the
retraining and reassignment of current noncollections
personnel as special compliance personnel, and to reimburse
the Internal Revenue Service or other government agencies for
the cost of administering qualified tax collection contracts
under section 6306.
``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and
the Committees on Ways and Means and Appropriations of the
House of Representatives consisting of the following:
``(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative
and program costs for the program described in such
subsection, the number of special compliance personnel hired
and employed under the program, and the amount of revenue
actually collected by such personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual
and estimated administrative and program costs, the number of
all actual and estimated special compliance personnel hired
and employed under the program, and the actual and estimated
revenue actually collected or to be collected by such
personnel.
``(3) For the following fiscal year, an estimate of all
funds to be received in the account, all estimated
administrative and program costs, the estimated number of
special compliance personnel hired and employed under the
program, and the estimated revenue to be collected by such
personnel.
``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the
Internal Revenue Service as field function collection
officers or in a similar position, or employed to collect
taxes using the automated collection system or an equivalent
replacement system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and bonuses),
benefits, and employment
[[Page S5837]]
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 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
[[Page S5838]]
resource projects, broadband, pipelines, manufacturing, or
any other sector as determined by a majority vote of the
Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total investment of more than
$200,000,000; and
(III) does not qualify for abbreviated authorization or
environmental review processes under any applicable law; or
(ii) is subject to NEPA and the size and complexity of
which, in the opinion of the Council, make the project likely
to benefit from enhanced oversight and coordination,
including a project likely to require--
(I) authorization from or environmental review involving
more than 2 Federal agencies; or
(II) the preparation of an environmental impact statement
under NEPA.
(B) Exclusion.--The term ``covered project'' does not
include--
(i) any project subject to section 139 of title 23, United
States Code; or
(ii) any project subject to section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348).
(7) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required under section 61003(b).
(8) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a
Federal agency is responsible under section 1508.9 of title
40, Code of Federal Regulations (or successor regulations).
(9) Environmental document.--
(A) In general.--The term ``environmental document'' means
an environmental assessment, finding of no significant
impact, notice of intent, environmental impact statement, or
record of decision.
(B) Inclusions.--The term ``environmental document''
includes--
(i) any document that is a supplement to a document
described in subparagraph (A); and
(ii) a document prepared pursuant to a court order.
(10) Environmental impact statement.--The term
``environmental impact statement'' means the detailed written
statement required under section 102(2)(C) of NEPA.
(11) Environmental review.--The term ``environmental
review'' means the agency procedures and processes for
applying a categorical exclusion or for preparing an
environmental assessment, an environmental impact statement,
or other document required under NEPA.
(12) Executive director.--The term ``Executive Director''
means the Executive Director appointed by the President under
section 61002(b)(1)(A).
(13) Facilitating agency.--The term ``facilitating agency''
means the agency that receives the initial notification from
the project sponsor required under section 61003(a).
(14) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Executive Director
under section 61002(c)(1)(A).
(15) Lead agency.--The term ``lead agency'' means the
agency with principal responsibility for an environmental
review of a covered project under NEPA and parts 1500 through
1508 of title 40, Code of Federal Regulations (or successor
regulations).
(16) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) Participating agency.--The term ``participating
agency'' means an agency participating in an environmental
review or authorization for a covered project in accordance
with section 61003.
(18) Project sponsor.--The term ``project sponsor'' means
an entity, including any private, public, or public-private
entity, seeking an authorization for a covered project.
SEC. 61002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) Establishment.--There is established the Federal
Permitting Improvement Steering Council.
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members.--
(A) In general.--
(i) Designation by head of agency.--Each individual listed
in subparagraph (B) shall designate a member of the agency in
which the individual serves to serve on the Council.
(ii) Qualifications.--A councilmember described in clause
(i) shall hold a position in the agency of deputy secretary
(or the equivalent) or higher.
(iii) Support.--
(I) In general.--Consistent with guidance provided by the
Director of the Office of Management and Budget, each
individual listed in subparagraph (B) shall designate 1 or
more appropriate members of the agency in which the
individual serves to serve as an agency CERPO.
(II) Reporting.--In carrying out the duties of the agency
CERPO under this title, an agency CERPO shall report directly
to a deputy secretary (or the equivalent) or higher.
(B) Heads of agencies.--The individuals that shall each
designate a councilmember under this subparagraph are as
follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the Environmental Protection
Agency.
(ix) The Chairman of the Federal Energy Regulatory
Commission.
(x) The Chairman of the Nuclear Regulatory Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban Development.
(xiii) The Chairman of the Advisory Council on Historic
Preservation.
(xiv) Any other head of a Federal agency that the Executive
Director may invite to participate as a member of the
Council.
(3) Additional members.--In addition to the members listed
in paragraphs (1) and (2), the Chairman of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall also be members of the Council.
(c) Duties.--
(1) Executive director.--
(A) Inventory development.--The Executive Director, in
consultation with the Council, shall--
(i) not later than 180 days after the date of enactment of
this Act, establish an inventory of covered projects that are
pending the environmental review or authorization of the head
of any Federal agency;
(ii)(I) categorize the projects in the inventory as
appropriate, based on sector and project type; and
(II) for each category, identify the types of environmental
reviews and authorizations most commonly involved; and
(iii) add a covered project to the inventory after
receiving a notice described in section 61003(a)(1).
(B) Facilitating agency designation.--The Executive
Director, in consultation with the Council, shall--
(i) designate a facilitating agency for each category of
covered projects described in subparagraph (A)(ii); and
(ii) publish the list of designated facilitating agencies
for each category of projects in the inventory on the
Dashboard in an easily accessible format.
(C) Performance schedules.--
(i) In general.--Not later than 1 year after the date of
enactment of this Act, the Executive Director, in
consultation with the Council, shall develop recommended
performance schedules, including intermediate and final
completion dates, for environmental reviews and
authorizations most commonly required for each category of
covered projects described in subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance schedules shall reflect
employment of the use of the most efficient applicable
processes.
(II) Limit.--
(aa) In general.--The final completion dates in any
performance schedule for the completion of an environmental
review or authorization under clause (i) shall not exceed the
average time to complete an environmental review or
authorization for a project within that category.
(bb) Calculation of average time.--The average time
referred to in item (aa) shall be calculated on the basis of
data from the preceding 2 calendar years and shall run from
the period beginning on the date on which the Executive
Director must make a specific entry for the project on the
Dashboard under section 61003(b)(2) (except that, for
projects initiated before that duty takes effect, the period
beginning on the date of filing of a completed application),
and ending on the date of the issuance of a record of
decision or other final agency action on the review or
authorization.
(cc) Completion date.--Each performance schedule shall
specify that any decision by an agency on an environmental
review or authorization must be issued not later than 180
days after the date on which all information needed to
complete the review or authorization (including any hearing
that an agency holds on the matter) is in the possession of
the agency.
(iii) Review and revision.--Not later than 2 years after
the date on which the performance schedules are established
under this subparagraph, and not less frequently than once
every 2 years thereafter, the Executive Director, in
consultation with the Council, shall review and revise the
performance schedules.
(D) Guidance.--The Executive Director, in consultation with
the Council, may recommend to the Director of the Office of
Management and Budget or to the Council on Environmental
Quality, as appropriate, that guidance be issued as necessary
for agencies--
(i) to carry out responsibilities under this title; and
(ii) to effectuate the adoption by agencies of the best
practices and recommendations of the Council described in
paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make recommendations to
the Executive Director with respect to the designations under
paragraph (1)(B) and the performance schedules under
paragraph (1)(C).
(ii) Update.--The Council may update the recommendations
described in clause (i).
(B) Best practices.--Not later than 1 year after the date
of enactment of this Act, and not less frequently than
annually thereafter, the Council shall issue recommendations
on the best practices for--
(i) enhancing early stakeholder engagement, including fully
considering and, as appropriate, incorporating
recommendations provided in public comments on any proposed
covered project;
[[Page S5839]]
(ii) ensuring timely decisions regarding environmental
reviews and authorizations, including through the development
of performance metrics;
(iii) improving coordination between Federal and non-
Federal governmental entities, including through the
development of common data standards and terminology across
agencies;
(iv) increasing transparency;
(v) reducing information collection requirements and other
administrative burdens on agencies, project sponsors, and
other interested parties;
(vi) developing and making available to applicants
appropriate geographic information systems and other tools;
(vii) creating and distributing training materials useful
to Federal, State, tribal, and local permitting officials;
and
(viii) addressing other aspects of infrastructure
permitting, as determined by the Council.
(3) Agency cerpos.--An agency CERPO shall--
(A) advise the respective agency councilmember on matters
related to environmental reviews and authorizations;
(B) provide technical support, when requested to facilitate
efficient and timely processes for environmental reviews and
authorizations for covered projects under the jurisdictional
responsibility of the agency, including supporting timely
identification and resolution of potential disputes within
the agency or between the agency and other Federal agencies;
(C) analyze agency environmental review and authorization
processes, policies, and authorities and make recommendations
to the respective agency councilmember for ways to
standardize, simplify, and improve the efficiency of the
processes, policies, and authorities, including by
implementing guidance issued under paragraph (1)(D) and other
best practices, including the use of information technology
and geographic information system tools within the agency and
across agencies, to the extent consistent with existing law;
and
(D) review and develop training programs for agency staff
that support and conduct environmental reviews or
authorizations.
(d) Administrative Support.--The Director of the Office of
Management and Budget shall designate a Federal agency, other
than an agency that carries out or provides support for
projects that are not covered projects, to provide
administrative support for the Executive Director, and the
designated agency shall, as reasonably necessary, provide
support and staff to enable the Executive Director to fulfill
the duties of the Executive Director under this title.
SEC. 61003. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating
Agencies.--
(1) Notice.--
(A) In general.--A project sponsor of a covered project
shall submit to the Executive Director and the facilitating
agency notice of the initiation of a proposed covered
project.
(B) Default designation.--If, at the time of submission of
the notice under subparagraph (A), the Executive Director has
not designated a facilitating agency under section
61002(c)(1)(B) for the categories of projects noticed, the
agency that receives the notice under subparagraph (A) shall
be designated as the facilitating agency.
(C) Contents.--Each notice described in subparagraph (A)
shall include--
(i) a statement of the purposes and objectives of the
proposed project;
(ii) a concise description, including the general location
of the proposed project and a summary of geospatial
information, if available, illustrating the project area and
the locations, if any, of environmental, cultural, and
historic resources;
(iii) a statement regarding the technical and financial
ability of the project sponsor to construct the proposed
project;
(iv) a statement of any Federal financing, environmental
reviews, and authorizations anticipated to be required to
complete the proposed project; and
(v) an assessment that the proposed project meets the
definition of a covered project under section 61001 and a
statement of reasons supporting the assessment.
(2) Invitation.--
(A) In general.--Not later than 45 days after the date on
which the Executive Director must make a specific entry for
the project on the Dashboard under subsection (b)(2)(A), the
facilitating agency or lead agency, as applicable, shall--
(i) identify all Federal and non-Federal agencies and
governmental entities likely to have financing, environmental
review, authorization, or other responsibilities with respect
to the proposed project; and
(ii) invite all Federal agencies identified under clause
(i) to become a participating agency or a cooperating agency,
as appropriate, in the environmental review and authorization
management process described in section 61005.
(B) Deadlines.--Each invitation made under subparagraph (A)
shall include a deadline for a response to be submitted to
the facilitating or lead agency, as applicable.
(3) Participating and cooperating agencies.--
(A) In general.--An agency invited under paragraph (2)
shall be designated as a participating or cooperating agency
for a covered project, unless the agency informs the
facilitating or lead agency, as applicable, in writing before
the deadline under paragraph (2)(B) that the agency--
(i) has no jurisdiction or authority with respect to the
proposed project; or
(ii) does not intend to exercise authority related to, or
submit comments on, the proposed project.
(B) Changed circumstances.--On request and a showing of
changed circumstances, the Executive Director may designate
an agency that has opted out under subparagraph (A)(ii) to be
a participating or cooperating agency, as appropriate.
(4) Effect of designation.--The designation described in
paragraph (3) shall not--
(A) give the participating agency authority or jurisdiction
over the covered project; or
(B) expand any jurisdiction or authority a cooperating
agency may have over the proposed project.
(5) Lead agency designation.--
(A) In general.--On establishment of the lead agency, the
lead agency shall assume the responsibilities of the
facilitating agency under this title.
(B) Redesignation of facilitating agency.--If the lead
agency assumes the responsibilities of the facilitating
agency under subparagraph (A), the facilitating agency may be
designated as a cooperative or participating agency.
(6) Change of facilitating or lead agency.--
(A) In general.--On the request of a participating agency
or project sponsor, the Executive Director may designate a
different agency as the facilitating or lead agency, as
applicable, for a covered project, if the facilitating or
lead agency or the Executive Director receives new
information regarding the scope or nature of a covered
project that indicates that the project should be placed in a
different category under section 61002(c)(1)(B).
(B) Resolution of dispute.--The Executive Director shall
resolve any dispute over designation of a facilitating or
lead agency for a particular covered project.
(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Executive Director, in coordination
with the Administrator of General Services, shall maintain an
online database to be known as the ``Permitting Dashboard''
to track the status of Federal environmental reviews and
authorizations for any covered project in the inventory
described in section 61002(c)(1)(A).
(B) Specific and searchable entry.--The Dashboard shall
include a specific and searchable entry for each covered
project.
(2) Additions.--
(A) In general.--
(i) Existing projects.--Not later than 14 days after the
date on which the Executive Director adds a project to the
inventory under section 61002(c)(1)(A), the Executive
Director shall create a specific entry on the Dashboard for
the covered project.
(ii) New projects.--Not later than 14 days after the date
on which the Executive Director receives a notice under
subsection (a)(1), the Executive Director shall create a
specific entry on the Dashboard for the covered project,
unless the Executive Director, facilitating agency, or lead
agency, as applicable, determines that the project is not a
covered project.
(B) Explanation.--If the facilitating agency or lead
agency, as applicable, determines that the project is not a
covered project, the project sponsor may submit a further
explanation as to why the project is a covered project not
later than 14 days after the date of the determination under
subparagraph (A).
(C) Final determination.--Not later than 14 days after
receiving an explanation described in subparagraph (B), the
Executive Director shall--
(i) make a final and conclusive determination as to whether
the project is a covered project; and
(ii) if the Executive Director determines that the project
is a covered project, create a specific entry on the
Dashboard for the covered project.
(3) Postings by agencies.--
(A) In general.--For each covered project added to the
Dashboard under paragraph (2), the facilitating or lead
agency, as applicable, and each cooperating and participating
agency shall post to the Dashboard--
(i) a hyperlink that directs to a website that contains, to
the extent consistent with applicable law--
(I) the notification submitted under subsection (a)(1);
(II)(aa) where practicable, the application and supporting
documents, if applicable, that have been submitted by a
project sponsor for any required environmental review or
authorization; or
(bb) a notice explaining how the public may obtain access
to such documents;
(III) a description of any Federal agency action taken or
decision made that materially affects the status of a covered
project;
(IV) any significant document that supports the action or
decision described in subclause (III); and
(V) a description of the status of any litigation to which
the agency is a party that is directly related to the
project, including, if practicable, any judicial document
made available on an electronic docket maintained by a
Federal, State, or local court; and
(ii) any document described in clause (i) that is not
available by hyperlink on another website.
(B) Deadline.--The information described in subparagraph
(A) shall be posted to the
[[Page S5840]]
website made available by hyperlink on the Dashboard not
later than 5 business days after the date on which the
Federal agency receives the information.
(4) Postings by the executive director.--The Executive
Director shall publish to the Dashboard--
(A) the permitting timetable established under subparagraph
(A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency with the
permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in
subparagraph (C); and
(E) any memorandum of understanding established under
subsection (c)(3)(B).
(c) Coordination and Timetables.--
(1) Coordinated project plan.--
(A) In general.--Not later than 60 days after the date on
which the Executive Director must make a specific entry for
the project on the Dashboard under subsection (b)(2)(A), the
facilitating or lead agency, as applicable, in consultation
with each coordinating and participating agency, shall
establish a concise plan for coordinating public and agency
participation in, and completion of, any required Federal
environmental review and authorization for the project.
(B) Required information.--The Coordinated Project Plan
shall include the following information and be updated by the
facilitating or lead agency, as applicable, at least once per
quarter:
(i) A list of, and roles and responsibilities for, all
entities with environmental review or authorization
responsibility for the project.
(ii) A permitting timetable, as described in paragraph (2),
setting forth a comprehensive schedule of dates by which all
environmental reviews and authorizations, and to the maximum
extent practicable, State permits, reviews and approvals must
be made.
(iii) A discussion of potential avoidance, minimization,
and mitigation strategies, if required by applicable law and
known.
(iv) Plans and a schedule for public and tribal outreach
and coordination, to the extent required by applicable law.
(C) Memorandum of understanding.--The coordinated project
plan described in subparagraph (A) may be incorporated into a
memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--
(i) In general.--As part of the coordination project plan
under paragraph (1), the facilitating or lead agency, as
applicable, in consultation with each cooperating and
participating agency, the project sponsor, and any State in
which the project is located, shall establish a permitting
timetable that includes intermediate and final completion
dates for action by each participating agency on any Federal
environmental review or authorization required for the
project.
(ii) Consensus.--In establishing a permitting timetable
under clause (i), each agency shall, to the maximum extent
practicable, make efforts to reach a consensus.
(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the facilitating
or lead agency shall follow the performance schedules
established under section 61002(c)(1)(C), but may vary the
timetable based on relevant factors, including--
(i) the size and complexity of the covered project;
(ii) the resources available to each participating agency;
(iii) the regional or national economic significance of the
project;
(iv) the sensitivity of the natural or historic resources
that may be affected by the project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in geographic
proximity to the project were recently subject to
environmental review or similar procedures under State law.
(C) Dispute resolution.--
(i) In general.--The Executive Director, in consultation
with appropriate agency CERPOs and the project sponsor,
shall, as necessary, mediate any disputes regarding the
permitting timetable established under subparagraph (A).
(ii) Disputes.--If a dispute remains unresolved 30 days
after the date on which the dispute was submitted to the
Executive Director, the Director of the Office of Management
and Budget, in consultation with the Chairman of the Council
on Environmental Quality, shall facilitate a resolution of
the dispute and direct the agencies party to the dispute to
resolve the dispute by the end of the 60-day period beginning
on the date of submission of the dispute to the Executive
Director.
(iii) Final resolution.--Any action taken by the Director
of the Office of Management and Budget in the resolution of a
dispute under clause (ii) shall--
(I) be final and conclusive; and
(II) not be subject to judicial review.
(D) Modification after approval.--
(i) In general.--The facilitating or lead agency, as
applicable, may modify a permitting timetable established
under subparagraph (A) only if--
(I) the facilitating or lead agency, as applicable, and the
affected cooperating agencies, after consultation with the
participating agencies, agree to a different completion date;
and
(II) the facilitating agency or lead agency, as applicable,
or the affected cooperating agency provides a written
justification for the modification.
(ii) Completion date.--A completion date in the permitting
timetable may not be modified within 30 days of the
completion date.
(E) Consistency with other time periods.--A permitting
timetable established under subparagraph (A) shall be
consistent with any other relevant time periods established
under Federal law and shall not prevent any cooperating or
participating agency from discharging any obligation under
Federal law in connection with the project.
(F) Conforming to permitting timetables.--
(i) In general.--Each Federal agency shall conform to the
completion dates set forth in the permitting timetable
established under subparagraph (A), or with any completion
date modified under subparagraph (D).
(ii) Failure to conform.--If a Federal agency fails to
conform with a completion date for agency action on a covered
project or is at significant risk of failing to conform with
such a completion date, the agency shall--
(I) promptly submit to the Executive Director for
publication on the Dashboard an explanation of the specific
reasons for failing or significantly risking failing to
conform to the completion date and a proposal for an
alternative completion date;
(II) in consultation with the facilitating or lead agency,
as applicable, establish an alternative completion date; and
(III) each month thereafter until the agency has taken
final action on the delayed authorization or review, submit
to the Executive Director for posting on the Dashboard a
status report describing any agency activity related to the
project.
(G) Abandonment of covered project.--
(i) In general.--If the facilitating or lead agency, as
applicable, has a reasonable basis to doubt the continuing
technical or financial ability of the project sponsor to
construct the covered project, the facilitating or lead
agency may request the project sponsor provide an updated
statement regarding the ability of the project sponsor to
complete the project.
(ii) Failure to respond.--If the project sponsor fails to
respond to a request described in clause (i) by the date that
is 30 days after receiving the request, the lead or
facilitating agency, as applicable, shall notify the
Executive Director, who shall publish an appropriate notice
on the Dashboard.
(iii) Publication to dashboard.--On publication of a notice
under clause (ii), the completion dates in the permitting
timetable shall be tolled and agencies shall be relieved of
the obligation to comply with subparagraph (F) until such
time as the project sponsor submits to the facilitating or
lead agency, as applicable, an updated statement regarding
the technical and financial ability of the project sponsor to
construct the project.
(3) Cooperating state, local, or tribal governments.--
(A) State authority.--If the Federal environmental review
is being implemented within the boundaries of a State, the
State, consistent with State law, may choose to participate
in the environmental review and authorization process under
this subsection and to make subject to the process all State
agencies that--
(i) have jurisdiction over the covered project;
(ii) are required to conduct or issue a review, analysis,
opinion, or statement for the covered project; or
(iii) are required to make a determination on issuing a
permit, license, or other approval or decision for the
covered project.
(B) Coordination.--To the maximum extent practicable under
applicable law, the facilitating or lead agency, as
applicable, shall coordinate the Federal environmental review
and authorization processes under this subsection with any
State, local, or tribal agency responsible for conducting any
separate review or authorization of the covered project to
ensure timely and efficient completion of environmental
reviews and authorizations.
(C) Memorandum of understanding.--
(i) In general.--Any coordination plan between the
facilitating or lead agency, as applicable, and any State,
local, or tribal agency shall, to the maximum extent
practicable, be included in a memorandum of understanding.
(ii) Submission to executive director.--The facilitating or
lead agency, as applicable, shall submit to the Executive
Director each memorandum of understanding described in clause
(i).
(d) Early Consultation.--The facilitating or lead agency,
as applicable, shall provide an expeditious process for
project sponsors to confer with each cooperating and
participating agency involved and, not later than 60 days
after the date on which the project sponsor submits a request
under this subsection, to have each such agency provide to
the project sponsor information concerning--
(1) the availability of information and tools, including
pre-application toolkits, to facilitate early planning
efforts;
(2) key issues of concern to each agency and to the public;
and
(3) issues that must be addressed before an environmental
review or authorization can be completed.
(e) Cooperating Agency.--
[[Page S5841]]
(1) In general.--A lead agency may designate a
participating agency as a cooperating agency in accordance
with part 1501 of title 40, Code of Federal Regulations (or
successor regulations).
(2) Effect on other designation.--The designation described
in paragraph (1) shall not affect any designation under
subsection (a)(3).
(3) Limitation on designation.--Any agency not designated
as a participating agency under subsection (a)(3) shall not
be designated as a cooperating agency under paragraph (1).
(f) Reporting Status of Other Projects on Dashboard.--
(1) In general.--On request of the Executive Director, the
Secretary and the Secretary of the Army shall use best
efforts to provide information for inclusion on the Dashboard
on projects subject to section 139 of title 23, United States
Code, and section 2045 of the Water Resources Development Act
of 2007 (33 U.S.C. 2348) likely to require--
(A) a total investment of more than $200,000,000; and
(B) an environmental impact statement under NEPA.
(2) Effect of inclusion on dashboard.--Inclusion on the
Dashboard of information regarding projects subject to
section 139 of title 23, United States Code, or section 2045
of the Water Resources Development Act of 2007 (33 U.S.C.
2348) shall not subject those projects to any requirements of
this title.
SEC. 61004. INTERSTATE COMPACTS.
(a) In General.--The consent of Congress is given for 3 or
more contiguous States to enter into an interstate compact
establishing regional infrastructure development agencies to
facilitate authorization and review of covered projects,
under State law or in the exercise of delegated permitting
authority described under section 61006, that will advance
infrastructure development, production, and generation within
the States that are parties to the compact.
(b) Regional Infrastructure.--For the purpose of this
title, a regional infrastructure development agency referred
to in subsection (a) shall have the same authorities and
responsibilities of a State agency.
SEC. 61005. COORDINATION OF REQUIRED REVIEWS.
(a) Concurrent Reviews.--To integrate environmental reviews
and authorizations, each agency shall, to the maximum extent
practicable--
(1) carry out the obligations of the agency with respect to
a covered project under any other applicable law
concurrently, and in conjunction with, other environmental
reviews and authorizations being conducted by other
cooperating or participating agencies, including
environmental reviews and authorizations required under NEPA,
unless the agency determines that doing so would impair the
ability of the agency to carry out the statutory obligations
of the agency; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
(b) Adoption, Incorporation by Reference, and Use of
Documents.--
(1) State environmental documents; supplemental
documents.--
(A) Use of existing documents.--
(i) In general.--On the request of a project sponsor, a
lead agency shall consider and, as appropriate, adopt or
incorporate by reference, the analysis and documentation that
has been prepared for a covered project under State laws and
procedures as the documentation, or part of the
documentation, required to complete an environmental review
for the covered project, if the analysis and documentation
were, as determined by the lead agency in consultation with
the Council on Environmental Quality, prepared under
circumstances that allowed for opportunities for public
participation and consideration of alternatives and
environmental consequences that are substantially equivalent
to what would have been available had the documents and
analysis been prepared by a Federal agency pursuant to NEPA.
(ii) Guidance by ceq.--The Council on Environmental Quality
may issue guidance to carry out this subsection.
(B) NEPA obligations.--An environmental document adopted
under subparagraph (A) or a document that includes
documentation incorporated under subparagraph (A) may serve
as the documentation required for an environmental review or
a supplemental environmental review required to be prepared
by a lead agency under NEPA.
(C) Supplementation of state documents.--If the lead agency
adopts or incorporates analysis and documentation described
in subparagraph (A), the lead agency shall prepare and
publish a supplemental document if the lead agency determines
that during the period after preparation of the analysis and
documentation and before the adoption or incorporation--
(i) a significant change has been made to the covered
project that is relevant for purposes of environmental review
of the project; or
(ii) there has been a significant circumstance or new
information has emerged that is relevant to the environmental
review for the covered project.
(D) Comments.--If a lead agency prepares and publishes a
supplemental document under subparagraph (C), the lead agency
shall solicit comments from other agencies and the public on
the supplemental document for a period of not more than 45
days, beginning on the date on which the supplemental
document is published, unless--
(i) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(ii) the lead agency extends the deadline for good cause.
(E) Notice of outcome of environmental review.--A lead
agency shall issue a record of decision or finding of no
significant impact, as appropriate, based on the document
adopted under subparagraph (A) and any supplemental document
prepared under subparagraph (C).
(c) Alternatives Analysis.--
(1) Participation.--As early as practicable during the
environmental review, but not later than the commencement of
scoping for a project requiring the preparation of an
environmental impact statement, the lead agency, in
consultation with each cooperating agency, shall determine
the range of reasonable alternatives to be considered for a
covered project.
(2) Range of alternatives.--
(A) In general.--Following participation under paragraph
(1) and subject to subparagraph (B), the lead agency shall
determine the range of reasonable alternatives for
consideration in any document that the lead agency is
responsible for preparing for the covered project.
(B) Alternatives required by law.--In determining the range
of alternatives under subparagraph (A), the lead agency shall
include all alternatives required to be considered by law.
(3) Methodologies.--
(A) In general.--The lead agency shall determine, in
collaboration with each cooperating agency at appropriate
times during the environmental review, the methodologies to
be used and the level of detail required in the analysis of
each alternative for a covered project.
(B) Environmental review.--A cooperating agency shall use
the methodologies referred to in subparagraph (A) when
conducting any required environmental review, to the extent
consistent with existing law.
(4) Preferred alternative.--With the concurrence of the
cooperating agencies with jurisdiction under Federal law and
at the discretion of the lead agency, the preferred
alternative for a project, after being identified, may be
developed to a higher level of detail than other alternatives
to facilitate the development of mitigation measures or
concurrent compliance with other applicable laws if the lead
agency determines that the development of the higher level of
detail will not prevent--
(A) the lead agency from making an impartial decision as to
whether to accept another alternative that is being
considered in the environmental review; and
(B) the public from commenting on the preferred and other
alternatives.
(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental
impact statement, the lead agency shall establish a comment
period of not less than 45 days and not more than 60 days
after the date on which a notice announcing availability of
the environmental impact statement is published in the
Federal Register, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each cooperating
agency, extends the deadline for good cause.
(2) Other review and comment periods.--For all other review
or comment periods in the environmental review process
described in parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations), the lead
agency shall establish a comment period of not more than 45
days after the date on which the materials on which comment
is requested are made available, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good cause.
(e) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each cooperating and
participating agency shall work cooperatively in accordance
with this section to identify and resolve issues that could
delay completion of an environmental review or an
authorization required for the project under applicable law
or result in the denial of any approval under applicable law.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make information
available to each cooperating and participating agency and
project sponsor as early as practicable in the environmental
review regarding the environmental, historic, and
socioeconomic resources located within the project area and
the general locations of the alternatives under
consideration.
(B) Sources of information.--The information described in
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
(3) Cooperating and participating agency
responsibilities.--Each cooperating and participating agency
shall--
[[Page S5842]]
(A) identify, as early as practicable, any issues of
concern regarding any potential environmental impacts of the
covered project, including any issues that could
substantially delay or prevent an agency from completing any
environmental review or authorization required for the
project; and
(B) communicate any issues described in subparagraph (A) to
the project sponsor.
(f) Categories of Projects.--The authorities granted under
this section may be exercised for an individual covered
project or a category of covered projects.
SEC. 61006. DELEGATED STATE PERMITTING PROGRAMS.
(a) In General.--If a Federal statute permits a Federal
agency to delegate to or otherwise authorize a State to issue
or otherwise administer a permit program in lieu of the
Federal agency, the Federal agency with authority to carry
out the statute shall--
(1) on publication by the Council of best practices under
section 61002(c)(2)(B), initiate a national process, with
public participation, to determine whether and the extent to
which any of the best practices are generally applicable on a
delegation- or authorization-wide basis to permitting under
the statute; and
(2) not later than 2 years after the date of enactment of
this Act, make model recommendations for State modifications
of the applicable permit program to reflect the best
practices described in section 61002(c)(2)(B), as
appropriate.
(b) Best Practices.--Lead and cooperating agencies may
share with State, tribal, and local authorities best
practices involved in review of covered projects and invite
input from State, tribal, and local authorities regarding
best practices.
SEC. 61007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS
PROVISION.
(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial
review of any authorization issued by a Federal agency for a
covered project shall be barred unless--
(A) the action is filed not later than 2 years after the
date of publication in the Federal Register of the final
record of decision or approval or denial of a permit, unless
a shorter time is specified in the Federal law under which
judicial review is allowed; and
(B) in the case of an action pertaining to an environmental
review conducted under NEPA--
(i) the action is filed by a party that submitted a comment
during the environmental review or a party that lacked a
reasonable opportunity to submit a comment; and
(ii) a party filed a sufficiently detailed comment so as to
put the lead agency on notice of the issue on which the party
seeks judicial review.
(2) New information.--
(A) In general.--The head of a lead agency or participating
agency shall consider new information received after the
close of a comment period if the information satisfies the
requirements under regulations implementing NEPA.
(B) Separate action.--If Federal law requires the
preparation of a supplemental environmental impact statement
or other supplemental environmental document, the preparation
of such document shall be considered a separate final agency
action and the deadline for filing a claim for judicial
review of the agency action shall be 2 years after the date
on which a notice announcing the final agency action is
published in the Federal Register, unless a shorter time is
specified in the Federal law under which judicial review is
allowed.
(3) Rule of construction.--Nothing in this subsection
creates a right to judicial review or places any limit on
filing a claim that a person has violated the terms of an
authorization.
(b) Preliminary Injunctive Relief.--In addition to
considering any other applicable equitable factors, in any
action seeking a temporary restraining order or preliminary
injunction against an agency or a project sponsor in
connection with review or authorization of a covered project,
the court shall--
(1) consider the effects on public health, safety, and the
environment, the potential for significant job losses, and
other economic harm resulting from an order or injunction;
and
(2) not presume that the harms described in paragraph (1)
are reparable.
(c) Judicial Review.--Except as provided in subsection (a),
nothing in this title affects the reviewability of any final
Federal agency action in a court of competent jurisdiction.
(d) Savings Clause.--Nothing in this title--
(1) supersedes, amends, or modifies any Federal statute or
affects the responsibility of any Federal officer to comply
with or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) Limitations.--Nothing in this section preempts, limits,
or interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any
other provisions of law applicable to any project, plan, or
program.
SEC. 61008. REPORT TO CONGRESS.
(a) In General.--Not later than April 15 of each year for
10 years beginning on the date of enactment of this Act, the
Executive Director shall submit to Congress a report
detailing the progress accomplished under this title during
the previous fiscal year.
(b) Contents.--The report described in subsection (a) shall
assess the performance of each participating agency and lead
agency based on the best practices described in section
61002(c)(2)(B).
(c) Opportunity to Include Comments.--Each councilmember,
with input from the respective agency CERPO, shall have the
opportunity to include comments concerning the performance of
the agency in the report described in subsection (a).
SEC. 61009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING
OF ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--The heads of agencies listed in section
61002(b)(2)(B), with the guidance of the Director of the
Office of Management and Budget and in consultation with the
Executive Director, may, after public notice and opportunity
for comment, issue regulations establishing a fee structure
for project proponents to reimburse the United States for
reasonable costs incurred in conducting environmental reviews
and authorizations for covered projects.
(b) Reasonable Costs.--As used in this section, the term
``reasonable costs'' shall include costs to implement the
requirements and authorities required under sections 61002
and 61003, including the costs to agencies and the costs of
operating the Council.
(c) Fee Structure.--The fee structure established under
subsection (a) shall--
(1) be developed in consultation with affected project
proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue
financial burden or is otherwise determined to be
inappropriate; and
(3) be established in a manner that ensures that the
aggregate amount of fees collected for a fiscal year is
estimated not to exceed 20 percent of the total estimated
costs for the fiscal year for the resources allocated for the
conduct of the environmental reviews and authorizations
covered by this title, as determined by the Director of the
Office of Management and Budget.
(d) Environmental Review and Permitting Improvement Fund.--
(1) In general.--All amounts collected pursuant to this
section shall be deposited into a separate fund in the
Treasury of the United States to be known as the
``Environmental Review Improvement Fund'' (referred to in
this section as the ``Fund'').
(2) Availability.--Amounts in the Fund shall be available
to the Executive Director, without appropriation or fiscal
year limitation, solely for the purposes of administering,
implementing, and enforcing this title, including the
expenses of the Council.
(3) Transfer.--The Executive Director, with the approval of
the Director of the Office of Management and Budget, may
transfer amounts in the Fund to other agencies to facilitate
timely and efficient environmental reviews and authorizations
for proposed covered projects.
(e) Effect on Permitting.--The regulations adopted pursuant
to subsection (a) shall ensure that the use of funds accepted
under subsection (d) will not impact impartial decision-
making with respect to environmental reviews or
authorizations, either substantively or procedurally.
(f) Transfer of Appropriated Funds.--
(1) In general.--The heads of agencies listed in section
61002(b)(2)(B) shall have the authority to transfer, in
accordance with section 1535 of title 31, United States Code,
funds appropriated to those agencies and not otherwise
obligated to other affected Federal agencies for the purpose
of implementing the provisions of this title.
(2) Limitation.--Appropriations under title 23, United
States Code and appropriations for the civil works program of
the Army Corps of Engineers shall not be available for
transfer under paragraph (1).
SEC. 61010. APPLICATION.
This title applies to any covered project for which--
(1) a notice is filed under section 61003(a)(1); or
(2) an application or other request for a Federal
authorization is pending before a Federal agency 90 days
after the date of enactment of this Act.
SEC. 61011. GAO REPORT.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report that includes an analysis of
whether the provisions of this title could be adapted to
streamline the Federal permitting process for smaller
projects that are not covered projects.
TITLE LXII--ADDITIONAL PROVISIONS
SEC. 62001. HIRE MORE HEROES.
(a) Short Title.--This section may be cited as the ``Hire
More Heroes Act of 2015''.
(b) Employees With Health Coverage Under TRICARE or the
Veterans Administration Not Taken Into Account in Determining
Employers to Which the Employer Mandate Applies Under Patient
Protection and Affordable Care Act.--Section 4980H(c)(2) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``(F) Exemption for health coverage under tricare or the
veterans administration.--Solely for purposes of determining
whether an employer is an applicable large employer under
this paragraph for any
[[Page S5843]]
month, an individual shall not be taken into account as an
employee for such month if such individual has medical
coverage for such month under--
``(i) chapter 55 of title 10, United States Code, including
coverage under the TRICARE program, or
``(ii) under a health care program under chapter 17 or 18
of title 38, United States Code, as determined by the
Secretary of Veterans Affairs, in coordination with the
Secretary of Health and Human Services and the Secretary.''.
(c) Effective Date.--The amendment made by subsection (b)
shall apply to months beginning after December 31, 2013.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
SEC. 70001. SHORT TITLE.
This division may cited as the ``Surface Transportation
Extension Act of 2015''.
TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS
SEC. 71001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 1001 of the Highway and
Transportation Funding Act of 2014 (Public Law 113-159; 128
Stat. 1840; 129 Stat. 219) is amended--
(1) in subsection (a), by striking ``July 31, 2015'' and
inserting ``September 30, 2015'';
(2) in subsection (b)(1)--
(A) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(B) by striking ``\304/365\'' and inserting ``\365/365\'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(ii) by striking ``\304/365\'' and inserting ``\365/365\'';
and
(B) in paragraph (2)(B), by striking ``by this
subsection''.
(b) Obligation Ceiling.--Section 1102 of MAP-21 (23 U.S.C.
104 note; Public Law 112-141) is amended--
(1) in subsection (a)(3)--
(A) by striking ``$33,528,284,932'' and inserting
``$40,256,000,000''; and
(B) by striking ``July 31, 2015'' and inserting ``September
30, 2015'';
(2) in subsection (b)(12)--
(A) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(B) by striking ``\304/365\'' and inserting ``\365/365\'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``July 31, 2015'' and inserting ``September 30, 2015''; and
(B) in paragraph (2)--
(i) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(ii) by striking ``\304/365\'' and inserting ``\365/365\'';
and
(4) in subsection (f)(1), in the matter preceding
subparagraph (A), by striking ``July 31, 2015'' and inserting
``September 30, 2015''.
(c) Tribal High Priority Projects Program.--Section
1123(h)(1) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended--
(1) by striking ``$24,986,301'' and inserting
``$30,000,000''; and
(2) by striking ``July 31, 2015'' and inserting ``September
30, 2015''.
SEC. 71002. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Section 1002(a)
of the Highway and Transportation Funding Act of 2014 (Public
Law 113-159; 128 Stat. 1842; 129 Stat. 220) is amended--
(1) by striking ``$366,465,753'' and inserting
``$440,000,000''; and
(2) by striking ``July 31, 2015'' and inserting ``September
30, 2015''.
(b) Contract Authority.--Section 1002(b)(2) of the Highway
and Transportation Funding Act of 2014 (Public Law 113-159;
128 Stat. 1842; 129 Stat. 220) is amended by striking ``July
31, 2015'' and inserting ``September 30, 2015''.
TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS
SEC. 72001. FORMULA GRANTS FOR RURAL AREAS.
Section 5311(c)(1) of title 49, United States Code, is
amended--
(1) in subparagraph (A), by striking ``ending before'' and
all that follows through ``July 31, 2015,''; and
(2) in subparagraph (B), by striking ``ending before'' and
all that follows through ``July 31, 2015,''.
SEC. 72002. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.
Section 5336(h)(1) of title 49, United States Code, is
amended by striking ``before October 1, 2014'' and all that
follows through ``July 31, 2015,'' and inserting ``before
October 1, 2015''.
SEC. 72003. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula Grants.--Section 5338(a) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``for fiscal year 2014''
and all that follows and inserting ``for fiscal year 2014,
and $8,595,000,000 for fiscal year 2015.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``$107,274,521 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$128,800,000 for fiscal year 2015'';
(B) in subparagraph (B), by striking ``2013 and 2014 and
$8,328,767 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(C) in subparagraph (C), by striking ``$3,713,505,753 for
the period beginning on October 1, 2014, and ending on July
31, 2015,'' and inserting ``$4,458,650,000 for fiscal year
2015'';
(D) in subparagraph (D), by striking ``$215,132,055 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$258,300,000 for fiscal year 2015'';
(E) in subparagraph (E)--
(i) by striking ``$506,222,466 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``$607,800,000 for fiscal year 2015'';
(ii) by striking ``$24,986,301 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``$30,000,000 for fiscal year 2015''; and
(iii) by striking ``$16,657,534 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``$20,000,000 for fiscal year 2015'';
(F) in subparagraph (F), by striking ``2013 and 2014 and
$2,498,630 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(G) in subparagraph (G), by striking ``2013 and 2014 and
$4,164,384 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(H) in subparagraph (H), by striking ``2013 and 2014 and
$3,206,575 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(I) in subparagraph (I), by striking ``$1,803,927,671 for
the period beginning on October 1, 2014, and ending on July
31, 2015,'' and inserting ``$2,165,900,000 for fiscal year
2015'';
(J) in subparagraph (J), by striking ``$356,304,658 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$427,800,000 for fiscal year 2015'';
and
(K) in subparagraph (K), by striking ``$438,009,863 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$525,900,000 for fiscal year 2015''.
(b) Research, Development Demonstration and Deployment
Projects.--Section 5338(b) of title 49, United States Code,
is amended by striking ``$58,301,370 for the period beginning
on October 1, 2014, and ending on July 31, 2015'' and
inserting ``$70,000,000 for fiscal year 2015''.
(c) Transit Cooperative Research Program.--Section 5338(c)
of title 49, United States Code, is amended by striking
``$5,830,137 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``$7,000,000 for
fiscal year 2015''.
(d) Technical Assistance and Standards Development.--
Section 5338(d) of title 49, United States Code, is amended
by striking ``$5,830,137 for the period beginning on October
1, 2014, and ending on July 31, 2015'' and inserting
``$7,000,000 for fiscal year 2015''.
(e) Human Resources and Training.--Section 5338(e) of title
49, United States Code, is amended by striking ``$4,164,384
for the period beginning on October 1, 2014, and ending on
July 31, 2015'' and inserting ``$5,000,000 for fiscal year
2015''.
(f) Capital Investment Grants.--Section 5338(g) of title
49, United States Code, is amended by striking
``$1,558,295,890 for the period beginning on October 1, 2014,
and ending on July 31, 2015'' and inserting ``$1,907,000,000
for fiscal year 2015''.
(g) Administration.--Section 5338(h) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``$86,619,178 for the
period beginning on October 1, 2014, and ending on July 31,
2015'' and inserting ``$104,000,000 for fiscal year 2015'';
(2) in paragraph (2), by striking ``2013 and 2014 and not
less than $4,164,384 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``2013,
2014, and 2015''; and
(3) in paragraph (3), by striking ``2013 and 2014 and not
less than $832,877 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``2013,
2014, and 2015''.
SEC. 72004. BUS AND BUS FACILITIES FORMULA GRANTS.
Section 5339(d)(1) of title 49, United States Code, is
amended--
(1) by striking ``2013 and 2014 and $54,553,425 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``2013, 2014, and 2015'';
(2) by striking ``and $1,041,096 for such period''; and
(3) by striking ``and $416,438 for such period''.
TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Subtitle A--Extension of Highway Safety Programs
SEC. 73101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION HIGHWAY SAFETY PROGRAMS.
(a) Extension of Programs.--
(1) Highway safety programs.--Section 31101(a)(1)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $235,000,000 for fiscal year 2015.''.
(2) Highway safety research and development.--Section
31101(a)(2)(C) of MAP-21 (126 Stat. 733) is amended to read
as follows:
``(C) $113,500,000 for fiscal year 2015.''.
(3) National priority safety programs.--Section
31101(a)(3)(C) of MAP-21 (126 Stat. 733) is amended to read
as follows:
``(C) $272,000,000 for fiscal year 2015.''.
(4) National driver register.--Section 31101(a)(4)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
[[Page S5844]]
``(C) $5,000,000 for fiscal year 2015.''.
(5) High visibility enforcement program.--
(A) Authorization of appropriations.--Section
31101(a)(5)(C) of MAP-21 (126 Stat. 733) is amended to read
as follows:
``(C) $29,000,000 for fiscal year 2015.''.
(B) Law enforcement campaigns.--Section 2009(a) of SAFETEA-
LU (23 U.S.C. 402 note) is amended--
(i) in the first sentence, by striking ``and 2014 and in
the period beginning on October 1, 2014, and ending on July
31, 2015'' and inserting ``through 2015''; and
(ii) in the second sentence, by striking ``and 2014 and in
the period beginning on October 1, 2014, and ending on July
31, 2015,'' and inserting ``through 2015''.
(6) Administrative expenses.--Section 31101(a)(6)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $25,500,000 for fiscal year 2015.''.
(b) Cooperative Research and Evaluation.--Section 403(f)(1)
of title 23, United States Code, is amended by striking
``under subsection 402(c) in each fiscal year ending before
October 1, 2014, and $2,082,192 of the total amount available
for apportionment to the States for highway safety programs
under section 402(c) in the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``under
section 402(c) in each fiscal year ending before October 1,
2015,''.
(c) Applicability of Title 23.--Section 31101(c) of MAP-21
(126 Stat. 733) is amended by striking ``fiscal years 2013
and 2014 and for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``each of fiscal
years 2013 through 2015''.
SEC. 73102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(10) of
title 49, United States Code, is amended to read as follows:
``(10) $218,000,000 for fiscal year 2015.''.
(b) Administrative Expenses.--Section 31104(i)(1)(J) of
title 49, United States Code, is amended to read as follows:
``(J) $259,000,000 for fiscal year 2015.''.
(c) Grant Programs.--
(1) Commercial driver's license program improvement
grants.--Section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) is
amended by striking ``each of fiscal years 2013 and 2014 and
$24,986,301 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``each of fiscal
years 2013 through 2015''.
(2) Border enforcement grants.--Section 4101(c)(2) of
SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of
fiscal years 2013 and 2014 and $26,652,055 for the period
beginning on October 1, 2014, and ending on July 31, 2015''
and inserting ``each of fiscal years 2013 through 2015''.
(3) Performance and registration information system
management grant program.--Section 4101(c)(3) of SAFETEA-LU
(119 Stat. 1715) is amended by striking ``each of fiscal
years 2013 and 2014 and $4,164,384 for the period beginning
on October 1, 2014, and ending on July 31, 2015'' and
inserting ``each of fiscal years 2013 through 2015''.
(4) Commercial vehicle information systems and networks
deployment program.--Section 4101(c)(4) of SAFETEA-LU (119
Stat. 1715) is amended by striking ``each of fiscal years
2013 and 2014 and $20,821,918 for the period beginning on
October 1, 2014, and ending on July 31, 2015'' and inserting
``each of fiscal years 2013 through 2015''.
(5) Safety data improvement grants.--Section 4101(c)(5) of
SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of
fiscal years 2013 and 2014 and $2,498,630 for the period
beginning on October 1, 2014, and ending on July 31, 2015''
and inserting ``each of fiscal years 2013 through 2015''.
(d) High-Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``each of
fiscal years 2006 through 2014 and up to $12,493,151 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each of fiscal years 2006 through
2015''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title
49, United States Code, is amended by striking ``per fiscal
year and up to $26,652,055 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``per fiscal year''.
(f) Outreach and Education.--Section 4127(e) of SAFETEA-LU
(119 Stat. 1741) is amended by striking ``each of fiscal
years 2013 and 2014 and $3,331,507 to the Federal Motor
Carrier Safety Administration for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``each of fiscal years 2013 through 2015''.
(g) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is
amended by striking ``each of fiscal years 2005 through 2014
and $832,877 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``each of fiscal
years 2005 through 2015''.
SEC. 73103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``each fiscal year through 2014 and for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each fiscal year through 2015''; and
(2) in subsection (b)(1)(A) by striking ``for each fiscal
year ending before October 1, 2014, and for the period
beginning on October 1, 2014, and ending on July 31, 2015,''
and inserting ``for each fiscal year ending before October 1,
2015''.
Subtitle B--Hazardous Materials
SEC. 73201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 5128(a)(3) of title 49, United
States Code, is amended to read as follows:
``(3) $42,762,000 for fiscal year 2015.''.
(b) Hazardous Materials Emergency Preparedness Fund.--
Section 5128(b)(2) of title 49, United States Code, is
amended to read as follows:
``(2) Fiscal year 2015.--From the Hazardous Materials
Emergency Preparedness Fund established under section
5116(i), the Secretary may expend during fiscal year 2015--
``(A) $188,000 to carry out section 5115;
``(B) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(C) $150,000 to carry out section 5116(f);
``(D) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(E) $1,000,000 to carry out section 5116(j).''.
(c) Hazardous Materials Training Grants.--Section 5128(c)
of title 49, United States Code, is amended by striking
``each of fiscal years 2013 and 2014 and $3,331,507 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each of fiscal years 2013 through
2015''.
TITLE LXXIV--REVENUE PROVISIONS
SEC. 74001. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``August 1, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2015'', and
(2) by striking ``Highway and Transportation Funding Act of
2015'' in subsections (c)(1) and (e)(3) and inserting
``Surface Transportation Extension Act of 2015''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Highway and Transportation Funding Act of
2015'' each place it appears in subsection (b)(2) and
inserting ``Surface Transportation Extension Act of 2015'',
and
(2) by striking ``August 1, 2015'' in subsection (d)(2) and
inserting ``October 1, 2015''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986
is amended by striking ``August 1, 2015'' and inserting
``October 1, 2015''.
(d) Effective Date.--The amendments made by this section
shall take effect on August 1, 2015.
DIVISION H--BUDGETARY EFFECTS
SEC. 80001. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 80002. MAINTENANCE OF HIGHWAY TRUST FUND CASH BALANCE.
(a) Definitions.--In this section:
(1) Highway account.--The term ``Highway Account'' has the
meaning given the term in section 9503(e)(5)(B) of the
Internal Revenue Code of 1986.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503(a)
of the Internal Revenue Code of 1986.
(3) Mass transit account.--The term ``Mass Transit
Account'' means the Mass Transit Account established by
section 9503(e)(1) of the Internal Revenue Code of 1986.
(b) Restriction on Obligations.--If the Secretary, in
consultation with the Secretary of the Treasury, determines
under the test or reevaluation described under subsection (c)
or (d) that the projected cash balances of either the Highway
Account or the Mass Transit Account of the Highway Trust Fund
will fall below the levels described in subparagraph (A) or
(B) of subsection (c)(2) at any time during the fiscal year
for which that determination applies, the Secretary shall not
approve any obligation of funds authorized out of the Highway
Account or the Mass Transit Account of the Highway Trust Fund
during that fiscal year.
(c) Cash Balance Test.--On July 15 prior to the beginning
of each of fiscal years 2019 through 2021, the Secretary, in
consultation with the Secretary of the Treasury, shall--
(1) based on data available for the midsession review
described under section 1106 of title 31, United States Code,
estimate the projected cash balances of the Highway Account
and the Mass Transit Account of the Highway Trust Fund for
the upcoming fiscal year; and
(2) determine if those cash balances--
(A) are projected to fall below the amount of
$4,000,000,000 at any time during that upcoming fiscal year
in the Highway Account of the Highway Trust Fund; or
(B) are projected to fall below the amount of
$1,000,000,000 at any time during that upcoming fiscal year
in the Mass Transit Account of the Highway Trust Fund.
[[Page S5845]]
(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.
______
SA 2422. Mr. WYDEN submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
TITLE _--ADDITIONAL TRANSPORTATION FUNDING
SEC. __101 MOVE AMERICA BONDS.
(a) In General.--
(1) Move america bonds.--Subpart A of part IV of subchapter
B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 142 the following new
section:
``SEC. 142A. MOVE AMERICA BONDS.
``(a) In General.--
``(1) Treatment as exempt facility bond.--Except as
otherwise provided in this section, a Move America bond shall
be treated for purposes of this part as an exempt facility
bond.
``(2) Exceptions.--
``(A) No government ownership requirement.--Paragraph (1)
of section 142(b) shall not apply to any Move America bond.
``(B) Special rules for high-speed rail bonds.--Paragraphs
(2) and (3) of section 142(i) shall not apply to any Move
America bond described in subsection (b)(4).
``(C) Special rules for highway and surface transportation
facilities.--Paragraphs (2), (3), and (4) of section 142(m)
shall not apply to any Move America bond described in
subsection (b)(5).
``(b) Move America Bond.--For purposes of this part, the
term `Move America bond' means any bond issued as part of an
issue--
``(1) which is issued before January 1, 2022, and
``(2) 95 percent or more of the net proceeds of which are
used to provide--
``(A) airports,
``(B) docks and wharves, including--
``(i) waterborne mooring infrastructure,
``(ii) dredging in connection with a dock or wharf, and
``(iii) any associated rail and road infrastructure for the
purpose of integrating modes of transportation,
``(C) mass commuting facilities,
``(D) railroads (as defined in section 20102 of title 49,
United States Code) and any associated rail and road
infrastructure for the purpose of integrating modes of
transportation,
``(E) any--
``(i) surface transportation project which is eligible for
Federal assistance under title 23, United States Code (as in
effect on the date of the enactment of this section),
``(ii) project for an international bridge or tunnel for
which an international entity authorized under Federal or
State law is responsible and which is eligible Federal
assistance under title 23, United States Code (as so in
effect), or
``(iii) facility for the transfer of freight from truck to
rail or rail to truck (including any temporary storage
facilities directly related to such transfers) which is
eligible for Federal assistance under either title 23 or
title 49, United States Code (as so in effect),
``(F) flood diversions, or
``(G) inland waterways, including construction and
rehabilitation expenditures for navigation on any inland or
intracoastal waterways of the United States (within the
meaning of section 4042(d)(2)).
``(c) Flood Diversions.--For purposes of this section, the
term `flood diversion' means any flood damage risk reduction
project authorized under any Act for authorizing water
resources development projects.
``(d) Move America Volume Cap.--
``(1) In general.--The aggregate face amount of Move
America bonds issued pursuant to an issue, when added to the
aggregate face amount of Move America bonds previously issued
by the issuing authority, shall not exceed such issuing
authority's Move America volume cap.
``(2) Move america volume cap.--For purposes of this
subsection--
``(A) In general.--The Move America volume cap shall be
equal to the amount elected by the State under paragraph (3).
``(B) Allocation of volume cap.--Each State may allocate
the Move America volume cap of such State among governmental
units (or other authorities) in such State having authority
to issue private activity bonds.
``(3) Election to convert private activity bond volume
cap.--
``(A) In general.--If a State makes an election under this
paragraph, the Move America volume cap determined under
paragraph (1) shall be equal to the sum of--
``(i) the amount of private activity bond volume cap for
State agencies authorized to issue tax-exempt private
activity bonds for calendar year 2016 under section 146(b)
which is specified in such election, plus
``(ii) the amount of private activity bond volume cap
carryforwards available to all State agencies authorized to
issue tax-exempt private activity bonds for calendar year
2016 under section 146(f) which is specified in such
election.
``(B) Effect of election.--In the case of any election
under this subparagraph by a State--
``(i) the volume cap under section 146(b) for State
agencies authorized to issue tax-exempt private activity
bonds for calendar year 2016 shall be reduced by the amount
specified under subparagraph (A)(i), and
``(ii) the amount of carryforwards under section 146(f) for
State agencies authorized to issue tax-exempt private
activity bonds shall be reduced by the amount specified under
subparagraph (A)(ii).
Rules similar to the rules of section 146(f)(3)(B) shall
apply for the purposes of any amount reduced under clause
(ii).
``(C) Election.--An election under this subparagraph shall
be made before January 1, 2017, and be in such form and
manner as specified by the Secretary.
``(e) Applicability of Certain Federal Laws.--An issue
shall not be treated as an issue under subsection (b) unless
the facility for which the proceeds of such issue are used
would be subject to the requirements of any Federal law
(including titles 23, 40, and 49 of the United States Code)
which would otherwise apply to similar projects.
``(f) Special Rule for Environmental Remediation Costs for
Docks and Wharves.--For purposes of this section, amounts
used for working capital expenditures relating to
environmental remediation required under State or Federal law
at or near a facility described in subsection (b)(2)(B)
(including environmental remediation in the riverbed and land
within or adjacent to the federal navigation channel used to
access such facility)
[[Page S5846]]
shall be treated as an amount used to provide for such a
facility.
``(g) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this section.''.
(2) Conforming amendment.--The table of sections for
subpart A of part IV of subchapter B of chapter 1 of such
Code is amended by inserting after the item relating to
section 142 the following new item:
``Sec. 142A. Move America bonds.''.
(b) Application of Other Private Activity Bond Rules.--
(1) Treatment under private activity bond volume cap.--
Subsection (g) of section 146 of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph
(3), by striking the period at the end of paragraph (4) and
inserting ``, and'', and by inserting after paragraph (4) the
following new paragraph:
``(5) any Move America bond.''.
(2) Rule for facilities located outside the state.--
Paragraph (2) of section 146(k) of the Internal Revenue Code
of 1986 is amended by inserting ``or to any Move America
bond'' after ``section 142(a)''.
(3) Special rule on use for land acquisition.--Subparagraph
(A) of section 147(c)(1) of the Internal Revenue Code of 1986
is amended by inserting ``(50 percent in the case of any
issue of Move America bonds)'' after ``25 percent''.
(4) Special rules for rehabilitation expenditures.--
(A) Inclusion of certain expenditures.--Subparagraph (B) of
section 147(d)(3) of the Internal Revenue Code of 1986 is
amended by inserting ``, except that, in the case of any Move
America bond, such term shall include any expenditure
described in clause (iii) or (v) thereof'' before the period
at the end.
(B) Period for expenditures.--Subparagraph (C) of section
147(d)(3) of such Code is amended by inserting ``(5 years, in
the case of any Move America bond)'' after ``2 years''.
(c) Treatment Under the Alternative Minimum Tax.--
Subparagraph (C) of section 57(a)(5) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new clause:
``(vii) Exception for move america bonds.--For purposes of
clause (i), the term `private activity bond' shall not
include any Move America bond (as defined in section
142A).''.
(d) Effective Date.--The amendments made by this section
shall apply to obligations issued in calendar years beginning
after the date of the enactment of this Act.
SEC. __102. MOVE AMERICA TAX CREDITS.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 30E. MOVE AMERICA CREDIT.
``(a) Allowance of Credit.--In the case of a Move America
credit certificate purchased by the taxpayer, there shall be
allowed as a credit against the tax imposed by this chapter
for any taxable year in the credit period an amount equal to
10 percent of the value of such certificate.
``(b) Credit Period.--For purposes of this section, the
term `credit period' means, with respect to any Move America
credit certificate, the period of 10 taxable years beginning
with the first taxable year that begins in the calendar year
in which the qualified project to which such certificate
relates is placed in service.
``(c) Move America Credit Certificate.--For purposes of
this section--
``(1) Move america credit certificate.--The term `Move
America credit certificate' means any certificate that--
``(A) is sold to the taxpayer under a qualified Move
America credit program by a State or by a project sponsor to
whom the State has allocated such certificate for sale under
paragraph (2)(B)(ii)(I),
``(B) is designated by the State as relating to a qualified
project,
``(C) the proceeds of the sale of which are used to finance
the qualified project designated under subparagraph (B),
``(D) specifies--
``(i) the value of the certificate and the purchase price,
and
``(ii) the qualified project to which it relates,
``(E) is sold no later than the end of the calendar year in
which the project is placed in service, and
``(F) is in such form as the Secretary may prescribe.
``(2) Qualified move america credit program.--
``(A) In general.--The term `qualified Move America credit
program' means any program--
``(i) which is established by a State for any calendar year
for which it is authorized to issue Move America bonds (as
defined in section 142A),
``(ii) under which the State exchanges (in such manner as
the Secretary may prescribe) an amount of the Move America
bonds (as so defined) which it may otherwise issue during
such calendar year for the ability to sell Move America
credit certificates, and
``(iii) under which the State is obligated to repay to the
Secretary an amount equal to the recapture amount, if
applicable, with respect to any Move America credit
certificate.
``(B) Allocation of certificates to project sponsors.--
``(i) In general.--A State that has established a qualified
Move America credit program under subparagraph (A) may
allocate any Move America credit certificate that is eligible
to be sold by such State to the project sponsor of the
qualified project to which such certificate relates.
``(ii) Sale or use.--A project sponsor to whom any Move
America certificate is allocated under clause (i) may--
``(I) sell such certificate, or
``(II) claim the credit under this section with respect to
such certificate as if the project sponsor had purchased the
certificate from the State.
``(3) Value.--
``(A) In general.--The aggregate value of the Move America
credit certificates sold or allocated by a State in a
calendar year shall equal 25 percent of the value of Move
America bonds exchanged by the State under paragraph
(2)(A)(ii).
``(B) Limitation relating to qualified project cost.--The
aggregate value of the Move America credit certificates sold
or allocated by a State and designated by the State as
relating to any qualified project shall not exceed the lesser
of--
``(i) 20 percent of the estimated cost of the project, or
``(ii) 50 percent of the total amount of private equity
invested in the project.
``(4) Certificate nontransferable.--A Move America credit
certificate, once purchased from a State or a project sponsor
to whom the State has allocated such certificate for sale
under paragraph (2)(B)(ii)(I), may not be sold or transferred
to any other person.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified project.--The term `qualified project'
means a project which--
``(A) would be subject to the same requirements of any
Federal law (including titles 23, 40, and 49 of the United
States Code) which would otherwise apply to similar projects,
and
``(B) is for the construction of a facility described in
section 142A(b)(2), but only if such project, upon
completion, will be generally available for public use.
``(2) Recapture amount.--
``(A) In general.--In the case of any Move America credit
certificate, if the project to which the certificate is
designated under subsection (c)(1)(B) as relating--
``(i) is never placed in service, or
``(ii) ceases to be a qualified project at any time during
the credit period,
the recapture amount is the amount determined under
subparagraph (B).
``(B) Amount determined.--The amount determined under this
subparagraph is--
``(i) in the case of a project to which subparagraph (A)(i)
applies, the value of the Move America credit certificate,
and
``(ii) in the case of a project to which subparagraph
(A)(ii) applies, the product of--
``(I) an amount equal to 10 percent of the value of the
Move America credit certificate, and
``(II) the number of calendar years in the credit period
beginning with the calendar year in which the project ceases
to be a qualified project.
``(3) Special rule for projects not placed in service.--For
purposes of subsection (a), if the project to which a Move
America credit certificate is designated under subsection
(c)(1)(B) as relating is never placed in service, the first
taxable year that begins in the calendar year in which the
State certifies (at such time and in such manner as may be
prescribed by the Secretary) that the project will not be
placed in service shall be treated as the year in which the
project was placed in service.
``(e) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--Except as provided in paragraph (2), the credit
which would be allowed under subsection (a) for any taxable
year (determined without regard to this subsection) shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--For purposes of this title, in the
case of an individual, the credit allowed under subsection
(a) for any taxable year shall be treated as a credit
allowable under subpart A for such taxable year.''.
(b) Credit Made Part of General Business Credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended--
(1) by striking ``plus'' at the end of paragraph (35),
(2) by striking the period at the end of paragraph (36) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(37) the portion of the Move America credit to which
section 30E(e)(1) applies.''.
(c) Clerical Amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 30E. Move America credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
(e) Reporting.--A State that sells any Move America credit
certificate shall report, at such time and in such manner as
the Secretary of the Treasury shall require--
(1) to the Secretary of the Treasury--
(A) the value of the Move America bonds otherwise allowed
to be issued by the State which are exchanged under section
[[Page S5847]]
30E(c)(2)(A)(ii) of the Internal Revenue Code of 1986 for the
ability to sell such Move America credit certificates, and
(B) the number of Move America credit certificates sold by
the State or allocated to project sponsors, the value of each
such certificate, and to whom it was sold (including the name
of the purchaser and any other identifying information as the
Secretary of the Treasury shall require), and
(2) to the Secretary of the Treasury and the purchaser of
any Move America credit certificate--
(A) the placed in service date of the qualified project to
which the certificate is designated under section
30E(c)(1)(B) of the Internal Revenue Code of 1986 as
relating, or
(B) that the State has made a certification under section
30E(d)(3) of such Code that such project will not be placed
in service.
For purposes of this subsection, any term used in this
subsection that is also used in section 30E or 142A of the
Internal Revenue Code of 1986 has the same meaning as when
used in such section.
______
SA 2423. Mr. NELSON submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 577, strike lines 6 through 17, and insert the
following:
(a) Increase in Civil Penalties.--Section 30165(a) is
amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''.
______
SA 2424. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the end of division F, add the following:
TITLE LXII--FUEL TAXES
SEC. 62001. INCREASE IN TAX ON GASOLINE.
(a) Phased-in Increase.--
(1) In general.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking
``aviation gasoline,'' and all that follows and inserting
``aviation gasoline--
``(I) 22.3 cents per gallon in the case of gasoline
removed, entered, or sold in calendar year 2016,
``(II) 26.3 cents per gallon in the case of gasoline
removed, entered, or sold in calendar year 2017,
``(III) 30.3 cents per gallon in the case of gasoline
removed, entered, or sold in calendar year 2018, and
``(IV) 34.3 cents per gallon in the case of gasoline
removed, entered, or sold in calendar years beginning after
December 31, 2018,''.
(2) Effective date.--The amendment made by this subsection
shall apply to gasoline removed, entered, or sold on or after
the first day of the first calendar quarter beginning not
less than 60 days after the date of the enactment of this
Act.
(b) Adjustment for Inflation.--
(1) In general.--Paragraph (2) of section 4081(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Adjustment for inflation.--
``(i) In general.--In the case of gasoline removed,
entered, or sold in a calendar year after 2019, the 34.3
cents amount in subparagraph (A)(i)(IV) shall be increased by
an amount equal to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2018' for `calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If the amount as increased under clause
(i) is not a multiple of 0.1 cents, such amount shall be
rounded to the nearest multiple of 0.1 cents.''.
(2) Effective date.--The amendment made by this subsection
shall apply to gasoline removed, entered, or sold after
December 31, 2018.
(c) Conforming Amendment Relating to Tax on Compressed
Natural Gas.--
(1) In general.--The second sentence of subparagraph (A) of
section 4041(a)(3) of the Internal Revenue Code of 1986 is
amended by striking ``18.3 cents'' and inserting ``equal to
the rate of tax in effect under section 4081(a)(2)(A)(i) for
the calendar year in which such gas is sold or used,''.
(2) Effective date.--The amendment made by this subsection
shall apply to compressed natural gas sold or used on or
after the first day of the first calendar quarter beginning
not less than 60 days after the date of the enactment of this
Act.
(d) Conforming Amendment Relating to Tax on Methanol and
Ethanol.--
(1) In general.--Paragraph (1) of section 4041(m) of the
Internal Revenue Code of 1986 is amended by striking ``shall
be--'' and all that follows and inserting ``shall be equal to
61.7 percent of the rate of tax in effect under section
4081(a)(2)(A)(i) for the calendar year in which such fuel is
sold or used.''.
(2) Effective date.--The amendment made by this subsection
shall apply to methanol and ethanol fuel sold or used on or
after the first day of the first calendar quarter beginning
not less than 60 days after the date of the enactment of this
Act.
SEC. 62002. INCREASE IN TAX ON DIESEL FUEL AND KEROSENE.
(a) In General.--Clause (iii) of section 4081(a)(2)(A) of
the Internal Revenue Code of 1986 is amended by striking
``kerosene'' and all that follows and inserting ``kerosene--
``(I) 28.3 cents per gallon in the case of diesel fuel or
kerosene removed, entered, or sold in calendar year 2016,
``(II) 32.3 cents per gallon in the case of diesel fuel or
kerosene removed, entered, or sold in calendar year 2017,
``(III) 36.3 cents per gallon in the case of diesel fuel or
kerosene removed, entered, or sold in calendar year 2018, and
``(IV) 40.3 cents per gallon in the case of diesel fuel or
kerosene removed, entered, or sold in calendar years
beginning after December 31, 2018,''.
(b) Adjustment for Inflation.--Subparagraph (E) of section
4081(a)(2) of the Internal Revenue Code of 1986, as added by
this title, is amended--
(1) by redesignating clause (ii) as clause (iii),
(2) by striking ``If the amount as increased under clause
(i)'' in clause (iii), as so redesignated, and inserting ``If
any amount as increased under clause (i) or (ii)'',
(3) by striking ``In general'' in the heading of clause (i)
and inserting ``Tax on gasoline'', and
(4) by inserting after clause (i) the following new clause:
``(ii) Tax on diesel fuel or kerosene.--In the case of
diesel fuel or kerosene removed, entered, or sold in a
calendar year after 2019, the 40.3 cents amount in
subparagraph (A)(iii)(IV) shall be increased by an amount
equal to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2018' for `calendar year 1992' in subparagraph
(B) thereof.''.
(c) Conforming Amendment Relating to Tax on Diesel-water
Fuel Emulsions.--Subparagraph (D) of section 4081(a)(2) of
the Internal Revenue Code of 1986 is amended by striking
``subparagraph (A)(iii) shall be applied by substituting
`19.7 cents' for `24.3 cents' '' and inserting ``the rate of
tax shall be equal to 81 percent of the rate of tax in effect
under subparagraph (A)(iii) for the calendar year in which
such emulsion is removed, entered, or sold''.
(d) Conforming Amendment Relating to Tax on Certain
Alternative Fuels.--Clause (ii) of section 4041(a)(2)(B) of
the Internal Revenue Code of 1986 is amended by striking
``24.3 cents per gallon'' and inserting ``the rate of tax
specified in section 4081(a)(2)(A)(iii) which is in effect at
the time of such sale or use''.
(e) Conforming Amendment Relating to Rate of Tax on
Buses.--
(1) In general.--Subparagraph (A) of section 6427(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``7.4 cents per gallon less'' and all that follows and
inserting ``the aggregate rate at which tax was imposed on
such fuel by section 4041(a) or 4081, as the case may be,
reduced by the amount determined under subparagraph (E).''.
(2) Amount determined.--Paragraph (2) of section 6427(b) of
such Code is amended by adding at the end the following new
subparagraph:
``(E) Amount determined.--
``(i) In general.--For purposes of subparagraph (A), the
amount determined under this paragraph is--
``(I) 8.62 cents per gallon in the case of fuel used in
calendar year 2016,
``(II) 9.84 cents per gallon in the case of fuel used in
calendar year 2017,
``(III) 11.05 cents per gallon in the case of fuel used in
calendar year 2018, and
``(IV) 12.27 cents per gallon in the case of fuel used in
calendar years beginning after December 31, 2018.
``(ii) Adjustment for inflation.--In the case of fuel used
in a calendar year after 2019, the 12.27 cents amount in
clause (i)(IV) shall be increased by an amount equal to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2018' for `calendar year 1992' in subparagraph
(B) thereof.''.
(f) Effective Date.--The amendments made by this section
shall apply to diesel fuel, kerosene, and diesel-water fuel
emulsions removed, entered, or sold on or after
[[Page S5848]]
the first day of the first calendar quarter beginning not
less than 60 days after the date of the enactment of this
Act.
SEC. 62003. ALLOCATION IN ACCOUNTS IN HIGHWAY TRUST FUND.
(a) In General.--Subparagraph (A) of section 9503(e)(2) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(A) except as otherwise provided in this sentence--
``(i) 2.86 cents per gallon with respect to taxes imposed
during calendar year 2015,
``(ii) 3.66 cents per gallon with respect to taxes imposed
during calendar year 2016,
``(iii) 4.46 cents per gallon with respect to taxes imposed
during calendar year 2017,
``(iv) 5.26 cents per gallon with respect to taxes imposed
during calendar year 2018, and
``(v) 6.06 cents per gallon with respect to taxes imposed
during any calendar year after 2018,''.
(b) Adjustment for Inflation.--Section 9503(e) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Adjustment for inflation.--
``(A) In general.--In the case of any calendar year
beginning after 2019, the amount in clause (v) of paragraph
(2)(A) shall be increased by an amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2018' for `calendar year 1992' in subparagraph
(B) thereof.
``(B) Rounding.--Any increase under subparagraph (A) shall
be rounded to the nearest 0.1 cents.''.
SEC. 62004. FLOOR STOCKS TAXES.
(a) Imposition of Tax.--In the case of any taxable fuel
which is held on the floor stocks tax date by any person,
there is hereby imposed a floor stocks tax equal to the
excess of the tax which would be imposed on such fuel under
section 4041 or 4081 of the Internal Revenue Code of 1986 had
the taxable event occurred on the floor stocks tax date over
the tax paid under any such section on such fuel.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a fuel on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall
prescribe.
(3) Time of payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A fuel shall be considered as held
by a person if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Taxable fuel.--The term ``taxable fuel'' means--
(A) gasoline (other than aviation gasoline), diesel fuel,
kerosene (other than aviation-grade kerosene), and diesel-
water fuel emulsions;
(B) fuel taxed under section 4041(a)(2) of the Internal
Revenue Code of 1986 (including methanol and ethanol to which
section 4041(m) of such Code applies); and
(C) compressed natural gas.
(3) Floor stocks date.--The term ``floor stocks tax date''
means January 1 of any calendar year beginning after the date
of the enactment of this Act on which a rate of tax under
section 4041 or 4081 of such Code increases pursuant to an
amendment made by section 62001 or 62002.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to taxable fuel held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by a section of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on taxable fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any fuel held on the floor stocks tax date by any person
if the aggregate amount of fuel held by such person on such
date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of
this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of clause (i) shall apply to a group of
persons under common control where one or more of such
persons is not a corporation.
(g) Other Laws Applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by chapter 31 or 32 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
section, apply with respect to the floor stock taxes imposed
by subsection (a) to the same extent as if such taxes were
imposed by such chapter.
______
SA 2425. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the end of division F, add the following:
TITLE LXII--FUEL TAXES
SEC. 62001. ADJUSTING TAX ON GASOLINE FOR INFLATION.
(a) Adjustment for Inflation.--
(1) In general.--Paragraph (2) of section 4081(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Adjustment for inflation.--
``(i) In general.--In the case of gasoline removed,
entered, or sold in a calendar year after 2015, the 18.3
cents amount in subparagraph (A)(i) shall be increased by an
amount equal to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If the amount as increased under clause
(i) is not a multiple of 0.1 cents, such amount shall be
rounded to the nearest multiple of 0.1 cents.''.
(2) Effective date.--The amendment made by this subsection
shall apply to gasoline removed, entered, or sold after
December 31, 2015.
(b) Conforming Amendment Relating to Tax on Compressed
Natural Gas.--
(1) In general.--The second sentence of subparagraph (A) of
section 4041(a)(3) of the Internal Revenue Code of 1986 is
amended by striking ``18.3 cents'' and inserting ``equal to
the rate of tax in effect under section 4081(a)(2)(A)(i) for
the calendar year in which such gas is sold or used,''.
(2) Effective date.--The amendment made by this subsection
shall apply to compressed natural gas sold or used on or
after the first day of the first calendar quarter beginning
not less than 60 days after the date of the enactment of this
Act.
(c) Conforming Amendment Relating to Tax on Methanol and
Ethanol.--
(1) In general.--Paragraph (1) of section 4041(m) of the
Internal Revenue Code of 1986 is amended by striking ``shall
be--'' and all that follows and inserting ``shall be equal to
61.7 percent of the rate of tax in effect under section
4081(a)(2)(A)(i) for the calendar year in which such fuel is
sold or used.''.
(2) Effective date.--The amendment made by this subsection
shall apply to methanol and ethanol fuel sold or used on or
after the first day of the first calendar quarter beginning
not less than 60 days after the date of the enactment of this
Act.
SEC. 62002. ADJUSTING TAX ON DIESEL FUEL AND KEROSENE FOR
INFLATION.
(a) Adjustment for Inflation.--Subparagraph (E) of section
4081(a)(2) of the Internal Revenue Code of 1986, as added by
this title, is amended--
(1) by redesignating clause (ii) as clause (iii),
(2) by striking ``If the amount as increased under clause
(i)'' in clause (iii), as so redesignated, and inserting ``If
any amount as increased under clause (i) or (ii)'',
(3) by striking ``In general'' in the heading of clause (i)
and inserting ``Tax on gasoline'', and
(4) by inserting after clause (i) the following new clause:
``(ii) Tax on diesel fuel or kerosene.--In the case of
diesel fuel or kerosene removed, entered, or sold in a
calendar year after 2015, the 24.3 cents amount in
subparagraph (A)(iii) shall be increased by an amount equal
to--
``(I) such cents amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.''.
(b) Conforming Amendment Relating to Tax on Diesel-water
Fuel Emulsions.--Subparagraph (D) of section 4081(a)(2) of
the Internal Revenue Code of 1986 is amended by striking
``subparagraph (A)(iii) shall be applied by substituting
`19.7 cents' for `24.3 cents' '' and inserting ``the rate of
tax shall be equal to 81 percent of the rate of tax in effect
under subparagraph (A)(iii) for the calendar year in which
such emulsion is removed, entered, or sold''.
(c) Conforming Amendment Relating to Tax on Certain
Alternative Fuels.--Clause (ii) of section 4041(a)(2)(B) of
the Internal Revenue Code of 1986 is amended by
[[Page S5849]]
striking ``24.3 cents per gallon'' and inserting ``the rate
of tax specified in section 4081(a)(2)(A)(iii) which is in
effect at the time of such sale or use''.
(d) Conforming Amendment Relating to Rate of Tax on
Buses.--Paragraph (2) of section 6427(b) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Adjustment for inflation.--In the case of fuel used
in a calendar year after 2015, the 7.4 cents amount in
subparagraph (A) shall be increased by an amount equal to--
``(i) such cents amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.''.
(e) Effective Date.--The amendments made by this section
shall apply to diesel fuel, kerosene, and diesel-water fuel
emulsions removed, entered, or sold on or after the first day
of the first calendar quarter beginning not less than 60 days
after the date of the enactment of this Act.
SEC. 62003. ALLOCATION IN ACCOUNTS IN HIGHWAY TRUST FUND.
Section 9503(e) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(6) Adjustment for inflation.--
``(A) In general.--In the case of any calendar year
beginning after 2015, the amount in subparagraph (A) of
paragraph (2) shall be increased by an amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2014' for `calendar year 1992' in subparagraph
(B) thereof.
``(B) Rounding.--Any increase under subparagraph (A) shall
be rounded to the nearest 0.1 cents.''.
SEC. 62004. FLOOR STOCKS TAXES.
(a) Imposition of Tax.--In the case of any taxable fuel
which is held on the floor stocks tax date by any person,
there is hereby imposed a floor stocks tax equal to the
excess of the tax which would be imposed on such fuel under
section 4041 or 4081 of the Internal Revenue Code of 1986 had
the taxable event occurred on the floor stocks tax date over
the tax paid under any such section on such fuel.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a fuel on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall
prescribe.
(3) Time of payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A fuel shall be considered as held
by a person if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Taxable fuel.--The term ``taxable fuel'' means--
(A) gasoline (other than aviation gasoline), diesel fuel,
kerosene (other than aviation-grade kerosene), and diesel-
water fuel emulsions;
(B) fuel taxed under section 4041(a)(2) of the Internal
Revenue Code of 1986 (including methanol and ethanol to which
section 4041(m) of such Code applies); and
(C) compressed natural gas.
(3) Floor stocks date.--The term ``floor stocks tax date''
means January 1 of any calendar year beginning after the date
of the enactment of this Act on which a rate of tax under
section 4041 or 4081 of such Code increases pursuant to an
amendment made by section 62001 or 62002.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to taxable fuel held by any
person exclusively for any use to the extent a credit or
refund of the tax imposed by a section of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on taxable fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any fuel held on the floor stocks tax date by any person
if the aggregate amount of fuel held by such person on such
date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of
this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of clause (i) shall apply to a group of
persons under common control where one or more of such
persons is not a corporation.
(g) Other Laws Applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by chapter 31 or 32 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
section, apply with respect to the floor stock taxes imposed
by subsection (a) to the same extent as if such taxes were
imposed by such chapter.
______
SA 2426. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 870, line 16, strike ``A'' and insert ``Except as
provided in subparagraph (C), a''.
On page 871, between lines 2 and 3, insert the following:
``(C) Exception.--With the approval of the Secretary, a
State may obligate an amount in excess of the limitation
described in subparagraph (B) if the State certifies that the
multimodal project is justified based on the list of priority
projects of the State identified in a freight investment plan
of the State that is in effect.
On page 871, line 3, strike ``(C)'' and insert ``(D)''.
______
SA 2427. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
Beginning on page 870, strike line 16 and all that follows
through page 871, line 2.
On page 871, line 3, strike ``(C)'' and insert ``(B)''.
On page 873, lines 17 and 18, strike ``a facility described
in subparagraph (B)'' and insert ``private freight rail
facilities, water facilities (including ports), and
intermodal facilities''.
______
SA 2428. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 870, line 20, insert ``adjacent to or'' before
``within''.
On page 871, line 1, strike ``direct''.
______
SA 2429. Mr. CARPER (for himself, Mr. Warner, and Mr. Menendez)
submitted an amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
On page 883, strike lines 19 through 22 and insert the
following:
``(A) Eligible project.--
On page 885, line 19, strike ``(C)'' and insert ``(B)''.
On page 886, between lines 10 and 11, insert the following:
``(C) Secretary.--The term `Secretary' means the Secretary
of Transportation.
On page 886, lines 11 and 12, strike ``Administrator'' and
insert ``Secretary''.
On page 886, lines 16 and 17, strike ``Administrator'' and
insert ``Secretary''.
On page 886, line 21, strike ``Administrator'' and insert
``Secretary''.
On page 887, line 1, strike ``Administrator'' and insert
``Secretary''.
On page 887, line 3, strike ``Administrator'' and insert
``Secretary''.
On page 888, lines 12 and 13, strike ``Administrator'' and
insert ``Secretary''.
On page 889, line 15, strike ``Administrator'' and insert
``Secretary''.
[[Page S5850]]
On page 890, strike lines 7 through 12 and insert the
following:
``(3) State cap.--
On page 890, line 22, strike ``(5)'' and insert ``(4)''.
On page 890, lines 23 and 24, strike ``Administrator'' and
insert ``Secretary''.
On page 891, line 13, strike ``Administrator'' and insert
``Secretary''.
On page 891, line 19, strike ``Administrator'' and insert
``Secretary''.
On page 891, lines 21 and 22, strike ``Administrator'' and
insert ``Secretary''.
On page 892, lines 1 and 2, strike ``Administrator'' and
insert ``Secretary''.
On page 892, line 5, strike ``Administrator'' and insert
``Secretary''.
______
SA 2430. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 40, line 11, strike ``and'' at the end.
On page 40, strike line 13 and insert the following:
at the end; and
(C) by adding at the end the following:
``(27) Capital costs of facilities, infrastructure, and
equipment necessary to provide or improve intercity passenger
rail transportation.'';
______
SA 2431. Mr. CARPER submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
On page 190, line 7, insert ``scalability, evolution of
technologies, flexibility for policy adaptations,'' after
``acceptance,''.
On page 190, line 17, insert ``and cost'' after ``ease''.
______
SA 2432. Mr. BLUMENTHAL submitted an amendment intended to be
proposed by him to the 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; which was ordered to
lie on the table; as follows:
On page 1003, striking line 19, and all that follows
through page 1004, line 4, and insert the following:
employee for such month if such individual is eligible for
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) Prohibition on Consideration of Eligibility for Health
Coverage in Employment Decisions.--No employer may consider
the eligibility status of a veteran in a health care program
provided through the Department of Veterans Affairs or
TRICARE in making a decision regarding hiring, re-employment,
or retention of an employee.
______
SA 2433. Mr. DONNELLY (for himself and Mr. Flake) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
On page 38, strike lines 1 through 11 and insert the
following:
``(ii) Adjustments to amounts.--
``(I) In general.--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 an amount equal to--
``(aa) 95 percent of the applicable percentage; multiplied
by
``(bb) the total amount of funds available for
apportionment.
``(II) Applicable percentage.--For purposes of this clause,
the applicable percentage shall be an amount, expressed as a
percentage, equal to the quotient of--
``(aa) the estimated tax payments attributable to highway
users in the State that were paid into the Highway Trust Fund
(other than the Mass Transit Account) for the fiscal year
described in subclause (I); divided by
``(bb) the estimated total tax payments attributable to
users in all States that were paid into the Highway Trust
Fund (other than the Mass Transit Account) for that fiscal
year.
______
SA 2434. Mr. DONNELLY submitted an amendment intended to be proposed
by him to the 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; which was ordered to
lie on the table; as follows:
On page 246, strike lines 6 through 9 and insert the
following:
(9) in subsection (k), by striking paragraph (3) and
inserting the following:
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section shall address congestion
management through a process that provides for effective
management and operation, based on a cooperatively developed
and implemented metropolitan-wide strategy of new and
existing transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of
travel demand reduction, employer-based commuting programs,
job access projects, shared-use projects, and operational
management strategies.
``(B) Schedule.--The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but not sooner than 1 year after
the identification of a transportation management area.
``(C) Congestion management plan.--
``(i) Development.--A metropolitan planning organization
with a transportation management area shall develop a
congestion management plan in accordance with the
requirements of clause (ii) that includes projects and
strategies that shall be considered in the transportation
improvement program for the metropolitan planning
organization.
``(ii) Requirements.--A plan developed under clause (i)
shall--
``(I) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and to improve
transportation connections between areas with high job
concentration and areas with high concentrations of low-
income households;
``(II) identify existing public transportation services,
employer-based commuter programs, and other existing
transportation services that support access to jobs in the
region; and
``(III) identify proposed projects and programs to reduce
congestion and increase job access opportunities
``(D) Participation.--In conducting the process under
subparagraph (A) and developing the plan under subparagraph
(C) a metropolitan planning organization shall include
employers, private and nonprofit providers of public
transportation, transportation management organizations, and
organizations that provide job access, reverse commute
projects, or job-related services to low-income individuals
to assist in the planning process and the development of the
plan.'';
______
SA 2435. Mr. DONNELLY submitted an amendment intended to be proposed
by him to the 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; which was ordered to
lie on the table; as follows:
Beginning on page 49, strike line 24 and all that follows
through page 50, line 2, and insert the following:
(9) in subsection (k), by striking paragraph (3) and
inserting the following:
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section shall address congestion
management through a process that provides for effective
management and operation, based on a cooperatively developed
and implemented metropolitan-wide strategy of new and
existing transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of
travel demand reduction, employer-based commuting programs,
job access projects, shared-use projects, and operational
management strategies.
[[Page S5851]]
``(B) Schedule.--The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but not sooner than 1 year after
the identification of a transportation management area.
``(C) Congestion management plan.--
``(i) Development.--A metropolitan planning organization
with a transportation management area shall develop a
congestion management plan in accordance with the
requirements of clause (ii) that includes projects and
strategies that shall be considered in the transportation
improvement program for the metropolitan planning
organization.
``(ii) Requirements.--A plan developed under clause (i)
shall--
``(I) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and to improve
transportation connections between areas with high job
concentration and areas with high concentrations of low-
income households;
``(II) identify existing public transportation services,
employer-based commuter programs, and other existing
transportation services that support access to jobs in the
region; and
``(III) identify proposed projects and programs to reduce
congestion and increase job access opportunities
``(D) Participation.--In conducting the process under
subparagraph (A) and developing the plan under subparagraph
(C) a metropolitan planning organization shall include
employers, private and nonprofit providers of public
transportation, transportation management organizations, and
organizations that provide job access, reverse commute
projects, or job-related services to low-income individuals
to assist in the planning process and the development of the
plan.'';
On page 246, strike lines 6 through 9 and insert the
following:
(9) in subsection (k), by striking paragraph (3) and
inserting the following:
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section shall address congestion
management through a process that provides for effective
management and operation, based on a cooperatively developed
and implemented metropolitan-wide strategy of new and
existing transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of
travel demand reduction, employer-based commuting programs,
job access projects, shared-use projects, and operational
management strategies.
``(B) Schedule.--The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but not sooner than 1 year after
the identification of a transportation management area.
``(C) Congestion management plan.--
``(i) Development.--A metropolitan planning organization
with a transportation management area shall develop a
congestion management plan in accordance with the
requirements of clause (ii) that includes projects and
strategies that shall be considered in the transportation
improvement program for the metropolitan planning
organization.
``(ii) Requirements.--A plan developed under clause (i)
shall--
``(I) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and to improve
transportation connections between areas with high job
concentration and areas with high concentrations of low-
income households;
``(II) identify existing public transportation services,
employer-based commuter programs, and other existing
transportation services that support access to jobs in the
region; and
``(III) identify proposed projects and programs to reduce
congestion and increase job access opportunities
``(D) Participation.--In conducting the process under
subparagraph (A) and developing the plan under subparagraph
(C) a metropolitan planning organization shall include
employers, private and nonprofit providers of public
transportation, transportation management organizations, and
organizations that provide job access, reverse commute
projects, or job-related services to low-income individuals
to assist in the planning process and the development of the
plan.'';
______
SA 2436. Mr. DONNELLY submitted an amendment intended to be proposed
by him to the 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; which was ordered to
lie on the table; as follows:
Beginning on page 49, strike line 24 and all that follows
through page 50, line 2, and insert the following:
(9) in subsection (k), by striking paragraph (3) and
inserting the following:
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section shall address congestion
management through a process that provides for effective
management and operation, based on a cooperatively developed
and implemented metropolitan-wide strategy of new and
existing transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of
travel demand reduction, employer-based commuting programs,
job access projects, shared-use projects, and operational
management strategies.
``(B) Schedule.--The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but not sooner than 1 year after
the identification of a transportation management area.
``(C) Congestion management plan.--
``(i) Development.--A metropolitan planning organization
with a transportation management area shall develop a
congestion management plan in accordance with the
requirements of clause (ii) that includes projects and
strategies that shall be considered in the transportation
improvement program for the metropolitan planning
organization.
``(ii) Requirements.--A plan developed under clause (i)
shall--
``(I) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and to improve
transportation connections between areas with high job
concentration and areas with high concentrations of low-
income households;
``(II) identify existing public transportation services,
employer-based commuter programs, and other existing
transportation services that support access to jobs in the
region; and
``(III) identify proposed projects and programs to reduce
congestion and increase job access opportunities
``(D) Participation.--In conducting the process under
subparagraph (A) and developing the plan under subparagraph
(C) a metropolitan planning organization shall include
employers, private and nonprofit providers of public
transportation, transportation management organizations, and
organizations that provide job access, reverse commute
projects, or job-related services to low-income individuals
to assist in the planning process and the development of the
plan.'';
______
SA 2437. Mr. BLUMENTHAL submitted an amendment intended to be
proposed by him to the 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; which was ordered to
lie on the table; as follows:
On page 1003, line 19, strike ``has'' and insert ``is
eligible for''.
______
SA 2438. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 1004, between lines 4 and 5, insert the following:
(c) Prohibition on Consideration of Eligibility in Health
Coverage in Employment Decisions.--No employer may consider
the eligibility status of a veteran in a health care program
provided through the Department of Veterans Affairs or
TRICARE in making a decision regarding hiring, re-employment,
or retention of an employee.
______
SA 2439. Mr. REID (for Mr. Sanders) submitted an amendment intended
to be proposed by Mr. Reid of NV to the 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;
which was ordered to lie on the table; as follows:
At the appropriate place in division F, insert the
following:
SEC. _____. REINSTATEMENT OF JULY 1, 2012 SERVICE STANDARDS.
During the 3-year period beginning on the date of enactment
of this Act, the United States Postal Service shall apply and
comply with the service standards for first-class mail and
periodicals under part 121 of title 39, Code of Federal
Regulations, that were in effect on July 1, 2012.
______
SA 2440. Mr. REID (for Mr. Sanders) submitted an amendment intended
to
[[Page S5852]]
be proposed to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Strike title LII of division E and insert the following:
TITLE LII--OFFSETS
Subtitle A--Tax Provisions
SEC. 52101. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND
PERSON ACQUIRING PROPERTY FROM DECEDENT.
(a) Property Acquired From a Decedent.--
(1) In general.--Section 1014 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Basis Must Be Consistent With Estate Tax Value.--
``(1) In general.--The basis under subsection (a) of any
property shall not exceed--
``(A) in the case of property the value of which has been
finally determined for purposes of the tax imposed by chapter
11 on the estate of such decedent, such value, and
``(B) in the case of property not described in subparagraph
(A) and with respect to which a statement has been furnished
under section 6035(a) identifying the value of such property,
such value.
``(2) Determination.--For purposes of paragraph (1), the
value of property has been finally determined for purposes of
the tax imposed by chapter 11 if--
``(A) the value of such property is shown on a return under
section 6018 and such value is not contested by the Secretary
before the expiration of the time for assessing a tax under
chapter 11,
``(B) in a case not described in subparagraph (A), the
value is specified by the Secretary and such value is not
timely contested by the executor of the estate, or
``(C) the value is determined by a court or pursuant to a
settlement agreement with the Secretary.
``(3) Regulations.--The Secretary may by regulations
provide exceptions to the application of this subsection.''.
(2) Effective date.--The amendments made by this subsection
shall apply to property with respect to which an estate tax
return is filed after the date of the enactment of this Act.
(b) Information Reporting.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6034A the following new section:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.
``(a) Information With Respect to Property Acquired From
Decedents.--
``(1) In general.--The executor of any estate required to
file a return under section 6018(a) shall furnish to the
Secretary and to each person acquiring any interest in
property included in the decedent's gross estate for Federal
estate tax purposes a statement identifying the value of each
interest in such property as reported on such return and such
other information with respect to such interest as the
Secretary may prescribe.
``(2) Statements by beneficiaries.--Each person required to
file a return under section 6018(b) shall furnish to the
Secretary and to each other person who holds a legal or
beneficial interest in the property to which such return
relates a statement identifying the information described in
paragraph (1).
``(3) Time for furnishing statement.--
``(A) In general.--Each statement required to be furnished
under paragraph (1) or (2) shall be furnished at such time as
the Secretary may prescribe, but in no case at a time later
than the earlier of--
``(i) the date which is 30 days after the date on which the
return under section 6018 was required to be filed (including
extensions, if any), or
``(ii) the date which is 30 days after the date such return
is filed.
``(B) Adjustments.--In any case in which there is an
adjustment to the information required to be included on a
statement filed under paragraph (1) or (2) after such
statement has been filed, a supplemental statement under such
paragraph shall be filed not later than the date which is 30
days after such adjustment is made.
``(b) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out this section, including
regulations relating to--
``(1) the extension of this section to property of estates
not required to file an estate tax return, and
``(2) situations in which the surviving joint tenant or
other recipient may have better information than the executor
regarding the basis or fair market value of the property.''.
(2) Penalty for failure to file.--
(A) Return.--Section 6724(d)(1) of such Code is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) any statement required to be filed with the Secretary
under section 6035.''.
(B) Statement.--Section 6724(d)(2) of such Code is amended
by striking ``or'' at the end of subparagraph (GG), by
striking the period at the end of subparagraph (HH) and
inserting ``, or'', and by adding at the end the following
new subparagraph:
``(II) section 6035 (other than a statement described in
paragraph (1)(D)).''.
(3) Clerical amendment.--The table of sections for subpart
A of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6034A
the following new item:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Penalty for Inconsistent Reporting.--
(1) In general.--Subsection (b) of section 6662 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (7) the following new paragraph:
``(8) Any inconsistent estate basis.''.
(2) Inconsistent basis reporting.--Section 6662 of such
Code is amended by adding at the end the following new
subsection:
``(k) Inconsistent Estate Basis Reporting.--For purposes of
this section, there is an `inconsistent estate basis' if the
basis of property (determined without regard to adjustments
to basis during the period the property was held by the
taxpayer) claimed on a return exceeds the basis as determined
under section 1014(f).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns filed after the date of the enactment
of this Act.
SEC. 52102. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section
52102(d) of the Transportation Funding Act of 2015.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2016, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 52102(d) of the Transportation Funding Act of
2015.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
[[Page S5853]]
(d) Authority to Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State shall not issue a passport
to any individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in such subparagraph.
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for
any action with respect to a certification by the
Commissioner of Internal Revenue under section 7345 of the
Internal Revenue Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual
Without Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving an application for a passport from an
individual that either--
(i) does not include the social security account number
issued to that individual, or
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such application
and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(f) Effective Date.--The provisions of, and amendments made
by, this section shall take effect on January 1, 2016.
SEC. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN
CASE OF OVERSTATEMENT OF BASIS.
(a) In General.--Subparagraph (B) of section 6501(e)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) An understatement of gross income by reason of an
overstatement of unrecovered cost or other basis is an
omission from gross income; and'',
(2) by inserting ``(other than in the case of an
overstatement of unrecovered cost or other basis)'' in clause
(iii) (as so redesignated) after ``In determining the amount
omitted from gross income'', and
(3) by inserting ``amount omitted from'' after
``Determination of'' in the heading thereof.
(b) Effective Date.--The amendments made by this section
shall apply to--
(1) returns filed after the date of the enactment of this
Act, and
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of
1986 (determined without regard to such amendments) for
assessment of the taxes with respect to which such return
relates has not expired as of such date.
SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RELATING TO
MORTGAGE INTEREST.
(a) In General.--Paragraph (2) of section 6050H(b) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (C), by redesignating subparagraph
(D) as subparagraph (G), and by inserting after subparagraph
(C) the following new subparagraphs:
``(D) the unpaid balance with respect to such mortgage at
the close of the 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).
[[Page S5854]]
(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. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) In General.--Subsection (c) of section 6306 of the
Internal Revenue Code of 1986 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(c)(2).
``(b) Restrictions.--The program described in subsection
(a) shall be subject to the following restrictions:
``(1) No funds shall be transferred to such account except
as described in subsection (a).
``(2) No other funds from any other source shall be
expended for special compliance personnel employed under such
program, and no funds from such account shall be expended for
the hiring of any personnel other than special compliance
personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any
purpose other than for costs under such program associated
with the employment of special compliance personnel and the
retraining and reassignment of current noncollections
personnel as special compliance personnel, and to reimburse
the Internal Revenue Service or other government agencies for
the cost of administering qualified tax collection contracts
under section 6306.
``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and
the Committees on Ways and Means and Appropriations of the
House of Representatives consisting of the following:
``(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative
and program costs for the program described in such
subsection, the number of special compliance personnel hired
and employed under the program, and the amount of revenue
actually collected by such personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual
and estimated administrative and program costs, the number of
all actual and estimated special compliance personnel hired
and employed under the program, and the actual and estimated
revenue actually collected or to be collected by such
personnel.
``(3) For the following fiscal year, an estimate of all
funds to be received in the account, all estimated
administrative and program costs, the estimated number of
special compliance personnel hired and employed under the
program, and the estimated revenue to be collected by such
personnel.
``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the
Internal Revenue Service as field function collection
officers or in a similar position, or employed to collect
taxes using the automated collection system or an equivalent
replacement system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and bonuses),
benefits, and employment taxes for special compliance
personnel employed or trained under the program described in
subsection (a), and
``(B) direct overhead costs, salaries, benefits, and
employment taxes relating to support staff, rental payments,
office equipment and furniture, travel, data processing
services, vehicle costs, utilities, telecommunications,
postage, printing and reproduction, supplies and materials,
lands and structures, insurance claims, and indemnities for
special compliance personnel hired and employed under this
section.
For purposes of subparagraph (B), the cost of management and
supervision of special compliance personnel shall be taken
into account as direct overhead costs to the extent such
costs, when included in total program costs under this
paragraph, do not represent more than 10 percent of such
total costs.''.
(c) Clerical Amendment.--The table of sections for
subchapter A of chapter 64 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to
section 6306 the following new item:
``Sec. 6307. Special compliance personnel program account.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to amounts collected and retained by the
Secretary after the date of the enactment of this Act.
SEC. 52107. 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.''.
[[Page S5855]]
(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.
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.
Subtitle D--Corporate Tax Dodging Prevention
SEC. 52401. DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN
CORPORATIONS.
Section 952 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(e) Special Application of Subpart.--
``(1) In general.--For taxable years beginning after
December 31, 2015, notwithstanding any other provision of
this subpart, the term `subpart F income' means, in the case
of any controlled foreign corporation, the income of such
corporation derived from any foreign country.
``(2) Applicable rules.--Rules similar to the rules under
the last sentence of subsection (a) and subsection (d) shall
apply to this subsection.''.
SEC. 52402. MODIFICATIONS OF FOREIGN TAX CREDIT RULES
APPLICABLE TO LARGE INTEGRATED OIL COMPANIES
WHICH ARE DUAL CAPACITY TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (n) as
subsection (o) and by inserting after subsection (m) the
following new subsection:
``(n) Special Rules Relating to Large Integrated Oil
Companies Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period
shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable income tax,
or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity taxpayer pursuant to
the generally applicable income tax imposed by the country or
possession, or
``(ii) would be paid if the generally applicable income tax
imposed by the country or possession were applicable to such
dual capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the
amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or possession,
and
``(B) receives (or will receive) directly or indirectly a
specific economic benefit (as determined in accordance with
regulations) from such country or possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable income
tax' means an income tax (or a series of income taxes) which
is generally imposed under the laws of a foreign country or
possession on income derived from the conduct of a trade or
business within such country or possession.
``(B) Exceptions.--Such term shall not include a tax unless
it has substantial application, by its terms and in practice,
to--
``(i) persons who are not dual capacity taxpayers, and
``(ii) persons who are citizens or residents of the foreign
country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means,
with respect to any taxable year, an integrated oil company
(as defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of $1,000,000,000 for
such taxable year, and
``(B) has an average daily worldwide production of crude
oil of at least 500,000 barrels for such taxable year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning
after the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary
to any treaty obligation of the United States.
SEC. 52403. REINSTITUTION OF PER COUNTRY FOREIGN TAX CREDIT.
(a) In General.--Subsection (a) of section 904 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation.--The amount of the credit in respect of
the tax paid or accrued to any foreign country or possession
of the United States shall not exceed the same proportion of
the tax against which such credit is taken which the
taxpayer's taxable income from sources within such country or
possession (but not in excess of the taxpayer's entire
taxable income) bears to such taxpayer's entire taxable
income for the same taxable year.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2015.
SEC. 52404. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND
CONTROLLED IN THE UNITED STATES AS DOMESTIC
CORPORATIONS.
(a) In General.--Section 7701 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (p) as
subsection (q) and by inserting after subsection (o) the
following new subsection:
``(p) Certain Corporations Managed and Controlled in the
United States Treated as Domestic for Income Tax.--
``(1) In general.--Notwithstanding subsection (a)(4), in
the case of a corporation described in paragraph (2) if--
``(A) the corporation would not otherwise be treated as a
domestic corporation for purposes of this title, but
``(B) the management and control of the corporation occurs,
directly or indirectly, primarily within the United States,
then, solely for purposes of chapter 1 (and any other
provision of this title relating to
[[Page S5856]]
chapter 1), the corporation shall be treated as a domestic
corporation.
``(2) Corporation described.--
``(A) In general.--A corporation is described in this
paragraph if--
``(i) the stock of such corporation is regularly traded on
an established securities market, or
``(ii) the aggregate gross assets of such corporation (or
any predecessor thereof), including assets under management
for investors, whether held directly or indirectly, at any
time during the taxable year or any preceding taxable year is
$50,000,000 or more.
``(B) General exception.--A corporation shall not be
treated as described in this paragraph if--
``(i) such corporation was treated as a corporation
described in this paragraph in a preceding taxable year,
``(ii) such corporation--
``(I) is not regularly traded on an established securities
market, and
``(II) has, and is reasonably expected to continue to have,
aggregate gross assets (including assets under management for
investors, whether held directly or indirectly) of less than
$50,000,000, and
``(iii) the Secretary grants a waiver to such corporation
under this subparagraph.
``(3) Management and control.--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which the
management and control of a corporation is to be treated as
occurring primarily within the United States.
``(B) Executive officers and senior management.--Such
regulations shall provide that--
``(i) the management and control of a corporation shall be
treated as occurring primarily within the United States if
substantially all of the executive officers and senior
management of the corporation who exercise day-to-day
responsibility for making decisions involving strategic,
financial, and operational policies of the corporation are
located primarily within the United States, and
``(ii) individuals who are not executive officers and
senior management of the corporation (including individuals
who are officers or employees of other corporations in the
same chain of corporations as the corporation) shall be
treated as executive officers and senior management if such
individuals exercise the day-to-day responsibilities of the
corporation described in clause (i).
``(C) Corporations primarily holding investment assets.--
Such regulations shall also provide that the management and
control of a corporation shall be treated as occurring
primarily within the United States if--
``(i) the assets of such corporation (directly or
indirectly) consist primarily of assets being managed on
behalf of investors, and
``(ii) decisions about how to invest the assets are made in
the United States.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning on or after the date
which is 2 years after the date of the enactment of this Act.
SEC. 52405. RESTRICTIONS ON DEDUCTION FOR INTEREST EXPENSE OF
MEMBERS OF FINANCIAL REPORTING GROUPS WITH
EXCESS DOMESTIC INDEBTEDNESS.
(a) In General.--Section 163 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (n) as
subsection (o) and by inserting after subsection (m) the
following new subsection:
``(n) Restriction on Deduction for Interest Expense of
Members of Financial Reporting Groups With Excess Domestic
Indebtedness.--
``(1) In general.--In the case of any corporation which is
a member of an applicable financial reporting group the
common parent of which is a foreign corporation, the
deduction allowed under this chapter for interest paid or
accrued by the corporation during the taxable year shall not
exceed the applicable limitation for the taxable year.
``(2) Carryforward.--Any amount disallowed under paragraph
(1) for any taxable year shall be treated as interest paid or
accrued in the succeeding taxable year.
``(3) Applicable limitation.--For purposes of this
subsection--
``(A) In general.--The applicable limitation with respect
to a taxpayer for any taxable year is the sum of--
``(i) the greater of--
``(I) the taxpayer's allocable share of the applicable
financial reporting group's net interest expense for the
taxable year, or
``(II) 10 percent of the taxpayer's adjusted taxable income
for the taxable year, plus
``(ii) the excess limitation carryforwards to the taxable
year from any preceding taxable year.
``(B) Limitation not less than includible interest.--The
applicable limitation under subparagraph (A) for any taxable
year shall not be less than the amount of interest includible
in the gross income of the taxpayer for the taxable year.
``(C) Excess limitation carryforward.--If the applicable
limitation of a taxpayer for any taxable year (determined
without regard to carryforwards under subparagraph (A)(ii))
exceeds the interest paid or accrued by the taxpayer during
the taxable year, such excess shall be an excess limitation
carryforward to the 1st succeeding taxable year and the 2nd
and 3rd succeeding taxable years to the extent not previously
taken into account under this paragraph.
``(4) Allocable share of net interest expense.--For
purposes of this subsection--
``(A) In general.--A taxpayer's allocable share of an
applicable financial reporting group's net interest expense
for any taxable year shall be the amount (not less than zero)
which bears the same ratio to such net interest expense as--
``(i) the net earnings of the taxpayer, bears to
``(ii) the aggregate net earnings of all members of the
applicable financial reporting group.
``(B) Net earnings.--The term `net earnings' means, with
respect to any taxpayer, the earnings of the taxpayer--
``(i) computed without regard to any reduction allowable
for--
``(I) net interest expense,
``(II) taxes, or
``(III) depreciation, amortization, or depletion, and
``(ii) computed with such other adjustments as the
Secretary may by regulations prescribe.
``(C) Burden on taxpayer.--If a taxpayer elects not to
compute its allocable share, or fails to establish to the
satisfaction of the Secretary the amount of its allocable
share, for any taxable year, the allocable share shall be
zero.
``(5) Net interest expense and net earnings
determinations.--For purposes of this subsection--
``(A) Net interest expense.--Any determination of net
interest expense for any taxable year shall be made--
``(i) on the basis of the applicable financial statement of
the applicable financial reporting group for the last
financial reporting year ending with or within the taxable
year, and
``(ii) under United States tax principles.
``(B) Net earnings.--Any determination of net earnings for
any taxable year shall be made on the basis of the applicable
financial statement of the applicable financial reporting
group for the last financial reporting year ending with or
within the taxable year.
``(C) Applicable financial statement.--The term `applicable
financial statement' means a statement for financial
reporting purposes which is made on the basis of--
``(i) generally accepted accounting principles,
``(ii) international financial reporting standards, or
``(iii) any other method specified by the Secretary in
regulations.
A statement under clause (ii) or (iii) may be used as an
applicable financial statement by a group only if there is no
statement of the group under any preceding clause.
``(6) Applicable financial reporting group.--For purposes
of this subsection--
``(A) In general.--The term `applicable financial reporting
group' means, with respect to any corporation, a group of
which such corporation is a member and which files an
applicable financial statement.
``(B) Exception for groups with minimal domestic net
interest expense.--Such term shall not include a group if the
aggregate net interest expense for which a deduction is
allowable to all members of the group under this chapter
(determined without regard to this subsection or any other
limitation on deductibility of interest under this chapter)
is less than $5,000,000.
``(C) Exception for certain financial entities.--A
corporation which is described in section 864(f)(4)(B), or is
treated as described in section 864(f)(4)(B) by reason of
paragraph (4)(C) or (5)(A) of section 864(f) (without regard
to whether an election is made under such paragraph (5)(A)),
shall not be treated as a member of an applicable financial
reporting group of which it is otherwise a member and this
subsection shall not apply to such corporation.
``(7) Other definitions and rules.--For purposes of this
subsection--
``(A) Adjusted taxable income.--The term `adjusted taxable
income' has the meaning given such term by subsection
(j)(6)(A).
``(B) Net interest expense.--The term `net interest
expense' has the meaning given such term by subsection
(j)(6)(B).
``(C) Treatment of affiliated group.--All members of the
same affiliated group (within the meaning of section 1504(a))
shall be treated as 1 taxpayer.
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this section, including regulations providing--
``(A) for the coordination of the application of this
subsection and other provisions of this chapter relating to
the deductibility of interest,
``(B) for the waiver of certain adjustments required under
United States tax principles in appropriate cases for
purposes of applying this subsection,
``(C) for the determination of which financial institutions
are eligible for the exception from membership in an
applicable financial reporting group under paragraph (6)(C)
and the application of this subsection to the other members
of the group which are not so excepted, and
``(D) for the application of this subsection in the case of
pass thru entities and for the treatment of pass thru
entities as corporations in cases where necessary to prevent
the avoidance of the purposes of this subsection.''.
(b) Coordination With Limitation on Related Party
Indebtedness.--Paragraph (2) of section 163(j) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
[[Page S5857]]
``(D) Coordination with limitation on excess domestic
indebtedness.--This subsection shall not apply to any
corporation for any taxable year to which subsection (n)
applies to such corporation.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2015.
SEC. 52406. MODIFICATIONS TO RULES RELATING TO INVERTED
CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic
Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this
title as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by substituting
`80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after May 8, 2014, the direct or
indirect acquisition of--
``(i) substantially all of the properties held directly or
indirectly by a domestic corporation, or
``(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership, and
``(B) after the acquisition, more than 50 percent of the
stock (by vote or value) of the entity is held--
``(i) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation, or
``(ii) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated
as an inverted domestic corporation if after the acquisition
the expanded affiliated group which includes the entity has
substantial business activities in the foreign country in
which or under the law of which the entity is created or
organized when compared to the total business activities of
such expanded affiliated group. For purposes of subsection
(a)(2)(B)(iii) and the preceding sentence, the term
`substantial business activities' shall have the meaning
given such term under regulations in effect on May 8, 2014,
except that the Secretary may issue regulations increasing
the threshold percent in any of the tests under such
regulations for determining if business activities constitute
substantial business activities for purposes of this
paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``after March 4,
2003,'' and inserting ``after March 4, 2003, and before May
9, 2014,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking ``subsection (a)(2)(B)(ii)'' and inserting
``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and
(ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)''
in subparagraph (B),
(B) in paragraph (3), by inserting ``or (b)(2)(B), as the
case may be,'' after ``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and
(b)(2)(B)'', and
(D) in paragraph (6), by inserting ``or inverted domestic
corporation, as the case may be,'' after ``surrogate foreign
corporation''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after May 8, 2014.
TITLE LIII--ADDITIONAL SPENDING AUTHORIZATION
SEC. 53101. ADDITIONAL SPENDING AUTHORIZATION.
Notwithstanding any provision of this Act or any amendment
made by this Act, any amount authorized to be expended under
this Act or any amendment made by this Act shall be increased
by 50 percent of such amount.
______
SA 2441. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2327 submitted by Mr. Kirk (for himself, Mr. Graham,
Mr. Blunt, Ms. Ayotte, Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr.
Warner, Ms. Klobuchar, and Ms. Cantwell) to the amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
At the end of subtitle D of the amendment, add the
following:
SEC. __43. MODIFICATIONS TO AUTHORITY OF EXPORT-IMPORT BANK
OF THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that
the Export-Import Bank of the United States should be a
lender of last resort and should take appropriate measures to
ensure it does not compete with any private United States
entity.
(b) Definitions of Small Business Concern.--Section
2(b)(1)(E) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(E)) is amended by adding at the end the following:
``(xi) In this Act, the terms `small business' and `small
business concern' mean a small business concern (as defined
under section 3 of the Small Business Act (15 U.S.C.
632)).''.
(c) Prohibition on Financing for State-owned Entities.--
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635) is amended by adding at the end the following:
``(k) Prohibition on Financing for State-owned Entities.--
The Bank may not guarantee, insure, extend credit for, or
participate in an extension of credit for a transaction for
an entity that is owned or controlled by the government of a
foreign country.''.
(d) Limitation on Loan Guarantees.--Section 2 of the
Export-Import Bank Act of 1945 (12 U.S.C. 635), as amended by
subsection (c), is further amended by adding at the end the
following:
``(l) Limitation on Loan Guarantees.--
``(1) In general.--Except as provided by paragraph (2),
loan guarantees provided by the Bank may not--
``(A) cover default for commercial risk; or
``(B) cover more than 50 percent of a loss.
``(2) Exception for small business concerns.--The
limitations in paragraph (1) shall not apply with respect to
loan guarantees for the exportation of goods or services
produced by an entity that is a small business concern and is
organized under the laws of the United States or any
jurisdiction within the United States.''.
(e) Prohibition on Financing for High-income Countries.--
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635), as amended by subsections (c) and (d), is further
amended by adding at the end the following:
``(m) Prohibition on Financing for High-income Countries.--
The Bank may not guarantee, insure, extend credit for, or
participate in an extension of credit for the exportation of
goods or services to a country that has a high-income
economy, as determined by the World Bank Group, unless the
producer of the goods or services is a small business concern
and is organized under the laws of the United States or any
jurisdiction within the United States.''.
(f) Prohibition on Provision of Direct Loans.--Section 2 of
the Export-Import Bank Act of 1945 (12 U.S.C. 635), as
amended by subsections (c), (d), and (e), is further amended
by adding at the end the following:
``(n) Prohibition on Provision of Direct Loans.--
Notwithstanding any other provision of this Act or any other
provision of law, the Bank may not provide direct loans for
the exportation of goods or services unless the producer of
the goods or services is a small business concern and is
organized under the laws of the United States or any
jurisdiction within the United States.''.
______
SA 2442. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2327 submitted by Mr. Kirk (for himself, Mr. Graham,
Mr. Blunt, Ms. Ayotte, Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr.
Warner, Ms. Klobuchar, and Ms. Cantwell) to the amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
At the end of subtitle D of the amendment, add the
following:
SEC. __43. MODIFICATION OF DEFINITION OF SMALL BUSINESS
CONCERN USED BY THE EXPORT-IMPORT BANK OF THE
UNITED STATES.
Section 2(b)(1)(E) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)(E)) is amended by adding at the end the
following:
``(xi) In this Act, the terms `small business' and `small
business concern' mean a small business concern (as defined
under section 3 of the Small Business Act (15 U.S.C.
632)).''.
______
SA 2443. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2327 submitted by Mr. Kirk (for himself, Mr. Graham,
Mr. Blunt, Ms. Ayotte, Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr.
Warner, Ms. Klobuchar, and Ms. Cantwell) to the amendment SA 2266
proposed by Mr. McConnell to the 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
[[Page S5858]]
into account for purposes of determining the employers to which the
employer mandate applies under the Patient Protection and Affordable
Care Act; which was ordered to lie on the table; as follows:
At the end of subtitle E of the amendment, add the
following:
SEC. __54. PROHIBITION ON BANK FINANCING FOR STATE-OWNED
ENTITIES.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635), as amended by section __51, is further amended by
adding at the end the following:
``(l) Prohibition on Financing for State-owned Entities.--
The Bank may not guarantee, insure, extend credit for, or
participate in an extension of credit for a transaction for
an entity that is owned or controlled by the government of a
foreign country.''.
______
SA 2444. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2327 submitted by Mr. Kirk (for himself, Mr. Graham,
Mr. Blunt, Ms. Ayotte, Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr.
Warner, Ms. Klobuchar, and Ms. Cantwell) to the amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
At the end of subtitle E of the amendment, add the
following:
SEC. __54. LIMITATION ON LOAN GUARANTEES.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635), as amended by section __51, is further amended by
adding at the end the following:
``(l) Limitation on Loan Guarantees.--
``(1) In general.--Except as provided by paragraph (2),
loan guarantees provided by the Bank may not--
``(A) cover default for commercial risk; or
``(B) cover more than 50 percent of a loss.
``(2) Exception for small business concerns.--The
limitations in paragraph (1) shall not apply with respect to
loan guarantees for the exportation of goods or services
produced by an entity that is a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)) and is organized under the laws of the United States or
any jurisdiction within the United States.''.
______
SA 2445. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2327 submitted by Mr. Kirk (for himself, Mr. Graham,
Mr. Blunt, Ms. Ayotte, Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr.
Warner, Ms. Klobuchar, and Ms. Cantwell) to the amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
At the end of subtitle E of the amendment, add the
following:
SEC. __54. PROHIBITION ON BANK FINANCING FOR HIGH-INCOME
ECONOMIES.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635), as amended by section __51, is further amended by
adding at the end the following:
``(l) Prohibition on Financing for High-income Economies.--
The Bank may not guarantee, insure, extend credit for, or
participate in an extension of credit for the exportation of
goods or services to a country that has a high-income
economy, as determined by the World Bank Group, unless the
producer of the goods or services is a small business concern
(as defined under section 3 of the Small Business Act (15
U.S.C. 632)) and is organized under the laws of the United
States or any jurisdiction within the United States.''.
______
SA 2446. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2327 submitted by Mr. Kirk (for himself, Mr. Graham,
Mr. Blunt, Ms. Ayotte, Ms. Heitkamp, Mr. Manchin, Mr. Donnelly, Mr.
Warner, Ms. Klobuchar, and Ms. Cantwell) to the amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
At the end of subtitle E of the amendment, add the
following:
SEC. __54. PROHIBITION ON PROVISION OF DIRECT LOANS.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635), as amended by section __51, is further amended by
adding at the end the following:
``(l) Prohibition on Provision of Direct Loans.--
Notwithstanding any other provision of this Act or any other
provision of law, the Bank may not provide direct loans for
the exportation of goods or services unless the producer of
the goods or services is a small business concern (as defined
under section 3 of the Small Business Act (15 U.S.C. 632))
and is organized under the laws of the United States or any
jurisdiction within the United States.''.
______
SA 2447. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DIRECT FEDERAL-AID HIGHWAY PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 610 the following:
``Sec. 611. Direct Federal-aid highway program
``(a) Election by State Not To Participate.--
Notwithstanding any other provision of law, a State may elect
not to participate in any Federal program relating to
highways, including a Federal highway program under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144), the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 405), the DRIVE Act, this title, or title
49.
``(b) Direct Federal-Aid Highway Program.--
``(1) In general.--Beginning in fiscal year 2015, the
Secretary shall carry out a direct Federal-aid highway
program in accordance with the requirements of this section
under which the legislature of a State may elect, not fewer
than 90 days before the beginning of a fiscal year--
``(A) to waive the right of the State to receive amounts
apportioned or allocated to the State under the Federal-aid
highway program for the fiscal year to which the election
relates; and
``(B) to receive an amount for that fiscal year that is
determined in accordance with subsection (e) for that fiscal
year.
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to each
program that is the subject of the election; and
``(B) shall fulfill those obligations using the amounts
transferred to the State under subsection (e).
``(c) State Responsibility.--
``(1) In general.--The Governor of a State making an
election under subsection (b) shall--
``(A) agree to maintain the Interstate System in accordance
with the current Interstate System program;
``(B) submit a plan to the Secretary describing--
``(i) the purposes, projects, and uses to which amounts
received under the program will be put; and
``(ii) which programmatic requirements of this title the
State elects to continue;
``(C) agree to obligate or expend amounts received under
the direct Federal-aid highway program exclusively for
projects that would be eligible for funding under section
133(b) if the State was not participating in the program; and
``(D) agree to report annually to the Secretary on the use
of amounts received under the direct Federal-aid highway
program and to make the report available to the public in an
easily accessible format.
``(2) No federal limitation on use of funds.--Except as
provided in paragraph (1), the expenditure or obligation of
funds received by a State under the direct Federal-aid
highway program shall not be subject to any Federal
regulation under this title (except for this section), title
49, or any other Federal law.
``(3) Election irrevocable.--An election under subsection
(b) shall be irrevocable during the applicable fiscal year.
``(d) Effect on Preexisting Commitments.--The making of an
election under subsection (b) shall not affect any
responsibility or commitment of the State under this title
for any fiscal year with respect to--
``(1) a project or program funded under this title (other
than under this section); or
``(2) any project or program funded under this title in any
fiscal year for which an election under subsection (b) is not
in effect.
``(e) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the direct Federal-aid highway program for a fiscal
year shall be
[[Page S5859]]
the portion of the taxes appropriated to the Highway Trust
Fund under section 9503 of the Internal Revenue Code of 1986,
other than for the Mass Transit Account, for that fiscal year
that is attributable to highway users in that State during
that fiscal year, reduced by a pro rata share withheld by the
Secretary to fund contract authority for programs of the
National Highway Traffic Safety Administration and the
Federal Motor Carrier Safety Administration.
``(2) Transfers under program.--
``(A) In general.--Transfers under the program--
``(i) shall be made at the same time as deposits to the
Highway Trust Fund are made by the Secretary of the Treasury;
and
``(ii) shall be made on the basis of estimates by the
Secretary, in consultation with the Secretary of the
Treasury, based on the most recent data available, and proper
adjustments shall be made in amounts subsequently transferred
to the extent prior estimates were in excess of, or less
than, the amounts required to be transferred.
``(B) Limitation.--
``(i) In general.--An adjustment under subparagraph (A)(ii)
to any transfer may not exceed 5 percent of the transferred
amount to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--If the
adjustment required under subparagraph (A)(ii) exceeds the
percentage described in clause (i), the excess shall be taken
into account in making subsequent adjustments under
subparagraph (A)(ii).
``(f) Application With Other Authority.--Any contract
authority under this chapter (and any obligation limitation)
authorized for a State for a fiscal year for which an
election by that State is in effect under subsection (b)--
``(1) shall be rescinded or canceled; and
``(2) shall not be reallocated or distributed to any other
State under the Federal-aid highway program.
``(g) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which an amount is distributed to a State or State agency
under the State Highway Flexibility Act or an amendment made
by that Act, the Governor of the State shall certify to the
Secretary that the State will maintain the effort of the
State with regard to State funding for the types of projects
that are funded by the amounts.
``(2) Amounts.--As part of the certification, the Governor
shall submit to the Secretary a statement identifying the
amount of funds the State plans to expend from State sources
during the covered period, for the types of projects that are
funded by the amounts.
``(h) Treatment of General Revenues.--For purposes of this
section, any general revenue funds appropriated to the
Highway Trust Fund shall be transferred to a State under the
program in the manner described in subsection (e)(1).''.
(b) Conforming Amendment.--The analysis for title 23,
United States Code, is amended by inserting after the item
relating to section 610 the following:
``611. Direct Federal-aid highway program.''.
SEC. ___. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION
PROGRAMS.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 5341. Alternative funding of public transportation
programs
``(a) Definitions.--In this section--
``(1) Alternative funding program.--The term `alternative
funding program' means the program established under
subsection (c).
``(2) Covered programs.--The term `covered programs' means
the programs authorized under--
``(A) sections 5305, 5307, 5309, 5310, 5311, 5335, 5339,
and 5340; and
``(B) section 3038 of the Federal Transit Act of 1998 (49
U.S.C. 5310 note).
``(b) Election by State Not to Participate.--
``(1) In general.--Notwithstanding any other provision of
law, a State may elect not to participate in all Federal
programs relating to public transportation funded under the
Mass Transit Account of the Highway Trust Fund, including the
Federal public transportation programs under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144), the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 405), the DRIVE Act, title 23, or this
title.
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to each
program that is the subject of the election; and
``(B) shall fulfill those obligations using the amounts
transferred to the State under subsection (e).
``(c) Public Transportation Program.--
``(1) Program established.--Beginning in fiscal year 2015,
the Secretary shall carry out an alternative funding program
under which the legislature of a State may elect, not fewer
than 90 days before the beginning of a fiscal year--
``(A) to waive the right of the State to receive amounts
apportioned or allocated to the State under the covered
programs for the fiscal year to which the election relates;
and
``(B) to receive an amount for that fiscal year that is
determined in accordance with subsection (e).
``(2) Program requirements.--
``(A) In general.--The Governor of a State that
participates in the alternative funding program shall--
``(i) submit a plan to the Secretary describing--
``(I) the purposes, projects, and uses to which amounts
received under the alternative funding program will be put;
and
``(II) which programmatic requirements of this title the
State elects to continue;
``(ii) agree to obligate or expend amounts received under
the alternative funding program exclusively for projects that
would be eligible for funding under the covered programs if
the State was not participating in the alternative funding
program; and
``(iii) submit to the Secretary an annual report on the use
of amounts received under the alternative funding program,
and to make the report available to the public in an easily
accessible format.
``(B) No federal limitation on use of funds.--Except as
provided in subparagraph (A), the expenditure or obligation
of funds received by a State under the alternative funding
program shall not be subject to the provisions of this title
(except for this section), title 23, or any other Federal
law.
``(3) Election irrevocable.--An election under paragraph
(1) shall be irrevocable during the applicable fiscal year.
``(d) Effect on Preexisting Commitments.--Participation in
the alternative funding program shall not affect any
responsibility or commitment of the State under this title
for any fiscal year with respect to--
``(1) a project or program funded under this title (other
than under this section); or
``(2) any project or program funded under this title in any
fiscal year for which the State elects not to participate in
the alternative funding program.
``(e) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the alternative funding program for a fiscal year shall
be the portion of the taxes transferred to the Mass Transit
Account of the Highway Trust Fund under section 9503(e) of
the Internal Revenue Code of 1986, for that fiscal year, that
is attributable to highway users in that State during that
fiscal year.
``(2) Transfers.--
``(A) In general.--Transfers under the program--
``(i) shall be made at the same time as transfers to the
Mass Transit Account of the Highway Trust Fund are made by
the Secretary of the Treasury; and
``(ii) shall be made on the basis of estimates by the
Secretary, in consultation with the Secretary of the
Treasury, based on the most recent data available, and proper
adjustments shall be made in amounts subsequently
transferred, to the extent prior estimates were in excess of,
or less than, the amounts required to be transferred.
``(B) Limitation.--
``(i) In general.--An adjustment under subparagraph (A)(ii)
to any transfer may not exceed 5 percent of the transferred
amount to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--If the
adjustment required under subparagraph (A)(ii) exceeds the
percentage described in clause (i), the excess shall be taken
into account in making subsequent adjustments under
subparagraph (A)(ii).
``(f) Contract Authority.--There shall be rescinded or
canceled any contract authority under this chapter (and any
obligation limitation) authorized for a State for a fiscal
year for which the State elects to participate in the
alternative funding program.
``(g) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which an amount is distributed to a State or State agency
under the State Highway Flexibility Act or an amendment made
by that Act, the Governor of the State shall certify to the
Secretary that the State will maintain the effort of the
State with regard to State funding for the types of projects
that are funded by the amounts.
``(2) Amounts.--The certification under paragraph (1) shall
include a statement identifying the amount of funds the State
plans to expend from State sources for projects funded under
the alternative funding program, during the fiscal year for
which the State elects to participate in the alternative
funding program.
``(h) Treatment of General Revenues.--For purposes of this
section, any general revenue funds appropriated to the
Highway Trust Fund shall be transferred to a State under the
program in the manner described in subsection (e).''.
(b) Conforming Amendment.--The analysis for title 49,
United States Code, is amended by inserting after the item
relating to section 5340 the following:
``5341. Alternative funding of public transportation programs.''.
______
SA 2448. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
[[Page S5860]]
At the appropriate place, insert the following:
SEC. __. NATIONAL SECURITY SCREENING SYSTEM FOR ALIENS FROM
HIGH RISK COUNTRIES.
(a) Definitions.--In this section:
(1) Covered alien.--The term ``covered alien'' means an
alien who is seeking entry or who has entered the United
States under any provision of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) and who is a national of a
following country:
(A) Afghanistan.
(B) Algeria.
(C) Bahrain.
(D) Bangladesh.
(E) Egypt.
(F) Eritrea.
(G) Indonesia.
(H) Iran.
(I) Iraq.
(J) Jordan.
(K) Kuwait.
(L) Lebanon.
(M) Libya.
(N) Morocco.
(O) Nigeria.
(P) North Korea.
(Q) Oman.
(R) Palestinian Territories.
(S) Pakistan.
(T) Qatar.
(U) Russia.
(V) Saudi Arabia.
(W) Somalia.
(X) Sudan.
(Y) Syria.
(Z) Tunisia.
(AA) United Arab Emirates.
(BB) Yemen.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) System.--The term ``System'' means the National
Security Screening System established under subsection (b).
(b) High Risk National Security Screening System.--
(1) Establishment.--The Secretary shall establish a
National Security Screening System.
(2) Information.--The System shall include information
about each covered alien in the United States.
(3) Registration.--The Secretary shall notify each covered
alien who is a new applicant that the covered alien, not
later than 30 days prior to entering the United States,
shall--
(A) register with the System, as part of the visa
application or other entry process; and
(B) be interviewed and fingerprinted by an official of the
Department.
(4) Background check.--The Secretary shall perform a
background check on each covered alien to ensure that such
alien does not present a national security risk to the United
States.
(5) Monitoring.--The Secretary shall establish a procedure
for monitoring the status of each covered alien in the United
States in relation to matters of national security.
(c) Prohibition on Entry.--No covered alien may enter the
United States until after the date that the Secretary
certifies to Congress that the System is fully implemented.
(d) Reports.--
(1) Certification and national security report.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall submit to Congress a report that--
(A) certifies that the System has been implemented; and
(B) describes the specific steps that have been taken to
prevent national security failures in screening out
terrorists from using visas to gain entry into the United
States.
(2) Annual report.--The Secretary shall submit to Congress
an annual report that--
(A) describes the effectiveness with which the Department
is screening covered aliens through the System;
(B) indicates whether the System has been implemented in an
appropriate manner and does not result in the deportation of
individuals with no reasonable link to a national security
threat or perceived threat; and
(C) contains--
(i) the number of individuals screened and registered under
the System during the previous year, broken down by country
of nationality;
(ii) the number of individuals deported during the past
year as a result of information gathered during the
interviews and background checks conducted pursuant to
section 3, broken down by country of nationality; and
(iii) the number of individuals denied entry to the United
States based on a national security determination reached
through the System.
______
SA 2449. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT VIOLATE HUMAN RIGHTS WITH RESPECT TO
RELIGION.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of each foreign
government that the President determines, based on credible
information, enforces a death sentence or life imprisonment
on the basis of--
(1) anti-apostasy laws that explicitly prohibit the
disaffiliation from a particular religion;
(2) anti-blasphemy laws; or
(3) laws prohibiting marriage between individuals of
different religious faiths.
(b) Prohibition on Assistance.--No amounts may be obligated
or expended to provide United States assistance to the
government of a country identified in the report submitted by
the President under subsection (a).
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______
SA 2450. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON FOREIGN ASSISTANCE.
(a) In General.--Except as provided under subsection (b)
and notwithstanding any other provision of law, no amounts
may be obligated or expended to provide any direct United
States assistance, loan guarantee, or debt relief to the
Palestinian Authority, or any affiliated governing entity or
leadership organization.
(b) Exception.--The prohibition under subsection (a) shall
have no effect for a fiscal year if the President certifies
to Congress during that fiscal year that the Palestinian
Authority has--
(1) formally recognized the right of Israel to exist as a
Jewish state;
(2) publicly recognized the state of Israel;
(3) renounced terrorism;
(4) purged all individuals with terrorist ties from
security services;
(5) terminated funding of anti-American and anti-Israel
incitement;
(6) publicly pledged to not engage in war with Israel; and
(7) honored previous diplomatic agreements.
______
SA 2451. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--FEDERAL RESERVE TRANSPARENCY
SEC. _01. SHORT TITLE.
This title may be cited as the ``Federal Reserve
Transparency Act of 2015''.
SEC. _02. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM.
(a) In General.--Notwithstanding section 714 of title 31,
United States Code, or any other provision of law, an audit
of the Board of Governors of the Federal Reserve System and
the Federal reserve banks under subsection (b) of such
section 714 shall be completed within 12 months of the date
of enactment of this Act.
(b) Report.--
(1) In general.--A report on the audit required under
subsection (a) shall be submitted by the Comptroller General
to the Congress before the end of the 90-day period beginning
on the date on which such audit is completed and made
available to the Speaker of the House, the majority and
minority leaders of the House of Representatives, the
majority and minority leaders of the Senate, the Chairman and
Ranking Member of the committee and each subcommittee of
jurisdiction in the House of Representatives and the Senate,
and any other Member of Congress who requests it.
(2) Contents.--The report under paragraph (1) shall include
a detailed description of the findings and conclusion of the
Comptroller
[[Page S5861]]
General with respect to the audit that is the subject of the
report, together with such recommendations for legislative or
administrative action as the Comptroller General may
determine to be appropriate.
(c) Repeal of Certain Limitations.--Subsection (b) of
section 714 of title 31, United States Code, is amended by
striking all after ``in writing.''.
(d) Technical and Conforming Amendment.--Section 714 of
title 31, United States Code, is amended by striking
subsection (f).
SEC. _03. AUDIT OF LOAN FILE REVIEWS REQUIRED BY ENFORCEMENT
ACTIONS.
(a) In General.--The Comptroller General of the United
States shall conduct an audit of the review of loan files of
homeowners in foreclosure in 2009 or 2010, required as part
of the enforcement actions taken by the Board of Governors of
the Federal Reserve System against supervised financial
institutions.
(b) Content of Audit.--The audit carried out pursuant to
subsection (a) shall consider, at a minimum--
(1) the guidance given by the Board of Governors of the
Federal Reserve System to independent consultants retained by
the supervised financial institutions regarding the
procedures to be followed in conducting the file reviews;
(2) the factors considered by independent consultants when
evaluating loan files;
(3) the results obtained by the independent consultants
pursuant to those reviews;
(4) the determinations made by the independent consultants
regarding the nature and extent of financial injury sustained
by each homeowner as well as the level and type of
remediation offered to each homeowner; and
(5) the specific measures taken by the independent
consultants to verify, confirm, or rebut the assertions and
representations made by supervised financial institutions
regarding the contents of loan files and the extent of
financial injury to homeowners.
(c) Report.--Not later than the end of the 6-month period
beginning on the date of the enactment of this Act, the
Comptroller General shall issue a report to the Congress
containing all findings and determinations made in carrying
out the audit required under subsection (a).
______
SA 2452. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 62002. FREE CHOICE TO JOIN, FORM, OR ASSIST LABOR
ORGANIZATIONS.
(a) Amendments to the National Labor Relations Act.--
(1) Rights of employees.--Section 7 of the National Labor
Relations Act (29 U.S.C. 157) is amended by striking ``except
to'' and all that follows through ``authorized in section
8(a)(3)''.
(2) Unfair labor practices.--Section 8 of the National
Labor Relations Act (29 U.S.C. 158) is amended--
(A) in subsection (a)(3), by striking ``: Provided, That''
and all that follows through ``retaining membership'';
(B) in subsection (b)--
(i) in paragraph (2), by striking ``or to discriminate''
and all that follows through ``retaining membership''; and
(ii) in paragraph (5), by striking ``covered by an
agreement authorized under subsection (a)(3)''; and
(C) in subsection (f), by striking clause (2) and
redesignating clauses (3) and (4) as clauses (2) and (3),
respectively.
(b) Amendment to the Railway Labor Act.--Section 2 of the
Railway Labor Act (45 U.S.C. 152) is amended by striking
paragraph Eleven.
______
SA 2453. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. LIMITATION ON FEDERAL FUNDS TO SANCTUARY CITIES.
(a) In General.--
(1) In general.--Section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373) is amended by adding at the end the following:
``(d) Limitation on Federal Funds to Sanctuary Cities.--
``(1) Sanctuary city defined.--In this section, the term
`sanctuary city' means a State or subdivision of a State that
the Attorney General determines--
``(A) has in effect a statute, policy, or practice that is
not in compliance with subsection (a) or (b); or
``(B) does not have a statute, policy, or practice that
requires law enforcement officers--
``(i) to notify the U.S. Immigration and Customs
Enforcement if the State or unit has custody of an alien
without lawful status in the United States and detain the
alien for no more than six hours for no other purpose than to
determine whether or not U.S. Immigration and Customs
Enforcement will issue a detainer request; and
``(ii) to maintain custody of such an alien for a period of
not less than 48 hours (excluding Saturdays, Sundays, and
holidays) if U.S. Immigration and Customs Enforcement issues
a detainer for such alien.
``(2) Limitation on grants.--A sanctuary city shall not be
eligible to receive, for a minimum period of at least 1 year,
any funds pursuant to--
``(A) the Edward Byrne Memorial Justice Assistance Grant
Program established pursuant to subpart 1 of part E of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3750 et seq.);
``(B) the `Cops' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.);
``(C) the Urban Area Security Initiative authorized under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C.
604);
``(D) the State Homeland Security Grant Program authorized
under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605);
``(E) the port security grant program authorized under
section 70107 of title 46, United States Code;
``(F) the State Criminal Alien Assistance Program under
section 241(i) of the Immigration and Nationality Act (8
U.S.C. 1231(i)); or
``(G) any other non-disaster preparedness grant program
administered by the Federal Emergency Management Agency.
``(3) Termination of ineligibility.--A jurisdiction that is
found to be a sanctuary city shall only become eligible to
receive funds under a program set out under paragraph (1)
after the Attorney General certifies that the jurisdiction is
no longer a sanctuary city.''.
(2) Clerical amendments.--Section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) is amended by striking ``Immigration and
Naturalization Service'' each place that term appears and
inserting ``Department of Homeland Security''.
(b) Transfer of Aliens From Bureau of Prisons Custody.--
(1) Transfer to u.s. immigration and customs enforcement.--
The Attorney General shall prioritize a request from the
Secretary of Homeland Security to transfer a covered alien to
the custody of U.S. Immigration and Customs Enforcement
before a request from the appropriate official of a State or
a subdivision of a State to transfer the covered alien to the
custody of such State or subdivision.
(2) Covered alien defined.--In this subsection, the term
``covered alien'' means an alien who--
(A) is without lawful status in the United States; and
(B) is in the custody of the Bureau of Prisons.
SA 2454. Mr. PAUL submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION I--INTELLIGENCE OVERSIGHT AND SURVEILLANCE REFORM ACT
SEC. 90001. SHORT TITLE.
This division may be cited as the ``Intelligence Oversight
and Surveillance Reform Act''.
TITLE XCI--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS
SEC. 91001. END OF GOVERNMENT BULK COLLECTION OF BUSINESS
RECORDS.
(a) Privacy Protections for Section 215 Business Records
Orders.--
(1) In general.--Section 501(b) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended--
(A) in paragraph (1)(B), by striking ``and'' at the end;
(B) in paragraph (2), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant to an authorized investigation (other
than a threat assessment) conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information
not concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities; and
``(ii) pertain to--
``(I) a foreign power or an agent of a foreign power;
[[Page S5862]]
``(II) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(III) an individual in contact with, or known to, a
suspected agent of a foreign power; and
``(B) a statement of proposed minimization procedures;
and''; and
(C) by adding at the end the following:
``(3) if the applicant is seeking a nondisclosure
requirement described in subsection (d), shall include--
``(A) a statement of specific and articulable facts
providing reason to believe that disclosure of particular
information about the existence or contents of the order
requiring the production of tangible things under this
section during the applicable time period will result in--
``(i) endangering the life or physical safety of any
person;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses;
``(v) interference with diplomatic relations; or
``(vi) otherwise seriously endangering the national
security of the United States by alerting a target, an
associate of a target, or the foreign power of which the
target is an agent, of the interest of the Government in the
target;
``(B) an explanation of how the harm identified under
subparagraph (A) is related to the authorized investigation
to which the tangible things sought are relevant;
``(C) an explanation of how the nondisclosure requirement
is narrowly tailored to address the specific harm identified
under subparagraph (A); and
``(D) the time period during which the Government believes
the nondisclosure requirement should apply.''.
(2) Order.--Section 501(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
(A) in paragraph (1)--
(i) by striking ``subsections (a) and (b),'' and inserting
``subsection (a) and paragraphs (1) and (2) of subsection (b)
and that the proposed minimization procedures meet the
definition of minimization procedures under subsection
(g),''; and
(ii) by striking the last sentence and inserting the
following: ``If the judge finds that the requirements of
subsection (b)(3) have been met, such order shall include a
nondisclosure requirement, which may apply for not longer
than 1 year, unless the facts justify a longer period of
nondisclosure, subject to the principles and procedures
described in subsection (d).''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``(d);'' and inserting
``(d), if applicable;'';
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) shall direct that the minimization procedures be
followed.''.
(3) Nondisclosure.--Section 501(d) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is
amended to read as follows:
``(d) Nondisclosure.--
``(1) In general.--No person who receives an order under
subsection (c) that contains a nondisclosure requirement
shall disclose to any person the particular information
specified in the nondisclosure requirement during the time
period to which the requirement applies.
``(2) Exception.--
``(A) Disclosure.--A person who receives an order under
subsection (c) that contains a nondisclosure requirement may
disclose information otherwise subject to any applicable
nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with an order under this section;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the order; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Application.--A person to whom disclosure is made
under subparagraph (A) shall be subject to the nondisclosure
requirements applicable to a person to whom an order is
directed under this section in the same manner as the person
to whom the order is directed.
``(C) Notification.--Any person who discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall notify the person of the
applicable nondisclosure requirement.
``(3) Extension.--The Director of the Federal Bureau of
Investigation, or a designee of the Director (whose rank
shall be no lower than Assistant Special Agent in Charge),
may apply for renewals of the prohibition on disclosure of
particular information about the existence or contents of an
order requiring the production of tangible things under this
section for additional periods of not longer than 1 year,
unless the facts justify a longer period of nondisclosure. A
nondisclosure requirement shall be renewed if a court having
jurisdiction under paragraph (4) determines that the
application meets the requirements of subsection (b)(3).
``(4) Jurisdiction.--An application for a renewal under
this subsection shall be made to--
``(A) a judge of the court established under section
103(a); or
``(B) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by
the Chief Justice of the United States to have the power to
hear applications and grant orders for the production of
tangible things under this section on behalf of a judge of
the court established under section 103(a).''.
(4) Minimization.--Section 501(g) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is
amended--
(A) in paragraph (1), by striking ``Not later than'' and
all that follows and inserting ``At or before the end of the
period of time for the production of tangible things under an
order approved under this section or at any time after the
production of tangible things under an order approved under
this section, a judge may assess compliance with the
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
acquired, retained, or disseminated.''; and
(B) in paragraph (2)(A), by inserting ``acquisition and''
after ``to minimize the''.
(b) Judicial Review of Section 215 Orders.--Section
501(f)(2) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``that order'' and inserting ``such
production order or any nondisclosure order imposed in
connection with such production order''; and
(B) by striking the second sentence;
(2) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) A judge considering a petition to modify or set aside
a nondisclosure order shall grant such petition unless the
court determines that--
``(i) there is reason to believe that disclosure of the
information subject to the nondisclosure requirement during
the applicable time period will result in--
``(I) endangering the life or physical safety of any
person;
``(II) flight from prosecution;
``(III) destruction of or tampering with evidence;
``(IV) intimidation of potential witnesses;
``(V) interference with diplomatic relations; or
``(VI) otherwise seriously endangering the national
security of the United States by alerting a target, an
associate of a target, or the foreign power of which the
target is an agent, of the interest of the Government in the
target;
``(ii) the harm identified under clause (i) relates to the
authorized investigation to which the tangible things sought
are relevant; and
``(iii) the nondisclosure requirement is narrowly tailored
to address the specific harm identified under clause (i).'';
and
(3) by adding at the end the following new subparagraph:
``(E) If a judge denies a petition to modify or set aside a
nondisclosure order under this paragraph, no person may file
another petition to modify or set aside such nondisclosure
order until the date that is one year after the date on which
such judge issues the denial of such petition.''.
SEC. 91002. EMERGENCY AUTHORITY FOR ACCESS TO CALL DATA
RECORDS.
(a) In General.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended by
adding at the end the following:
``(e)(1) Notwithstanding any other provision of this
subsection, the Attorney General may require the production
of call data records by the provider of a wire or electronic
communication service on an emergency basis if--
``(A) such records--
``(i) are relevant to an authorized investigation (other
than a threat assessment) conducted in accordance with
section 402 or 501, as appropriate, to obtain foreign
intelligence information not concerning a United States
person or to protect against international terrorism or
clandestine intelligence activities; and
``(ii) pertain to--
``(I) a foreign power or an agent of a foreign power;
``(II) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(III) an individual in contact with, or known to, a
suspected agent of a foreign power;
``(B) the Attorney General reasonably determines--
``(i) an emergency requires the production of such records
before an order requiring such production can with due
diligence be obtained under section 402 or 501, as
appropriate; and
``(ii) the factual basis for issuance of an order under
section 402 or 501, as appropriate, to require the production
of such records exists;
``(C) a judge referred to in section 402(b) or 501(b)(1),
as appropriate, is informed by the Attorney General at the
time of the required production of such records that the
decision has been made to require such production on an
emergency basis; and
``(D) an application in accordance with section 402 or 501,
as appropriate, is made to such judge as soon as practicable,
but not more than 7 days after the date on which the Attorney
General requires the production of such records under this
subsection.
``(2)(A) In the absence of an order issued under section
402 or 501, as appropriate, to approve the emergency required
production
[[Page S5863]]
of call data records under paragraph (1), the authority to
require the production of such records shall terminate at the
earlier of--
``(i) when the information sought is obtained;
``(ii) when the application for the order is denied under
section 402 or 501, as appropriate; or
``(iii) 7 days after the time of the authorization by the
Attorney General.
``(B) If an application for an order applied for under
section 402 or 501, as appropriate, for the production of
call data records required to be produced pursuant to
paragraph (1) is denied, or in any other case where the
emergency production of call data records under this section
is terminated and no order under section 402 or 501, as
appropriate, is issued approving the required production of
such records, no information obtained or evidence derived
from such records shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of
the United States, a State, or political subdivision thereof,
and no information concerning any United States person
acquired from such records shall subsequently be used or
disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the
approval of the Attorney General if the information indicates
a threat of death or serious bodily harm to any person.''.
(b) Termination of Section 501 References.--On the date
that section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C.
1805 note) takes effect, subsection (e) of section 403 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1843), as added by paragraph (1), is amended--
(1) by striking ``or section 501, as appropriate,'' each
place that term appears;
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``or 501, as
appropriate;'' and by inserting a semicolon; and
(B) in subparagraph (C), by striking ``or 501(b)(1), as
appropriate,''; and
(3) in paragraph (2)(A)(ii), by striking ``or 501, as
appropriate;'' and by inserting a semicolon.
SEC. 91003. CHALLENGES TO GOVERNMENT SURVEILLANCE.
(a) In General.--Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended
by adding at the end the following:
``SEC. 503. CHALLENGES TO ORDERS TO PRODUCE CERTAIN BUSINESS
RECORDS.
``(a) Appeal.--
``(1) In general.--A person who is required to produce any
tangible thing pursuant to an order issued under section 501
may appeal the order to a United States court of appeals on
the basis that the order violates the Constitution of the
United States.
``(2) Venue.--An appeal filed pursuant to paragraph (1) may
be filed--
``(A) in the United States court of appeals for a circuit
embracing a judicial district in which venue would be proper
for a civil action under section 1391 of title 28, United
States Code; or
``(B) United States Court of Appeals for the District of
Columbia.
``(b) Supreme Court Review.--A person may seek a writ of
certiorari from the Supreme Court of the United States for
review of a decision of an appeal filed under subsection
(a)(1).''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Foreign Intelligence Surveillance
Act of 1978 is amended by adding after the item relating to
section 502 the following:
``Sec. 503. Challenges to orders to produce certain
business records.''.
TITLE XCII--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE
DEVICES
SEC. 92001. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP
AND TRACE DEVICES.
(a) Application.--Section 402(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end; and
(2) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) a statement of facts showing that there are
reasonable grounds to believe that the records sought--
``(A) are relevant to an authorized investigation to obtain
foreign intelligence information not concerning a United
States person or to protect against international terrorism
or clandestine intelligence activities (other than a threat
assessment), provided that such investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the
Constitution; and
``(B) pertain to--
``(i) a foreign power or an agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(iii) an individual in contact with, or known to, a
suspected agent of a foreign power; and
``(3) a statement of proposed minimization procedures.''.
(b) Minimization.--
(1) Definition.--Section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841) is amended by
adding at the end the following:
``(4) The term `minimization procedures' means--
``(A) specific procedures that are reasonably designed in
light of the purpose and technique of an order for the
installation and use of a pen register or trap and trace
device, to minimize the acquisition and retention, and
prohibit the dissemination, of nonpublicly available
information concerning unconsenting United States persons
consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1), shall not be disseminated in
a manner that identifies any United States person, without
such person's consent, unless such person's identity is
necessary to understand foreign intelligence information or
assess its importance; and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.''.
(2) Pen registers and trap and trace devices.--Section 402
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1842) is amended--
(A) in subsection (d)--
(i) in paragraph (1), by inserting ``, and that the
proposed minimization procedures meet the definition of
minimization procedures under this title'' before the period
at the end; and
(ii) in paragraph (2)(B)--
(I) in clause (ii)(II), by striking ``and'' after the
semicolon; and
(II) by adding at the end the following:
``(iv) the minimization procedures be followed; and''; and
(B) by adding at the end the following:
``(h) At or before the end of the period of time for which
the installation and use of a pen register or trap and trace
device is approved under an order or an extension under this
section, the judge may assess compliance with the
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
acquired, retained, or disseminated.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843), as amended by
section 102(a), is further amended--
(A) by redesignating subsection (c) as (d); and
(B) by inserting after subsection (b) the following:
``(c) If the Attorney General authorizes the emergency
installation and use of a pen register or trap and trace
device under this section, the Attorney General shall require
that minimization procedures required by this title for the
issuance of a judicial order be followed.''.
(4) Use of information.--Section 405(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1))
is amended by striking the period at the end and inserting
``and the minimization procedures required under the order
approving such pen register or trap and trace device.''.
TITLE XCIII--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE
UNITED STATES OTHER THAN UNITED STATES PERSONS
SEC. 93001. CLARIFICATION ON PROHIBITION ON SEARCHING OF
COLLECTIONS OF COMMUNICATIONS TO CONDUCT
WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS.
Section 702(b) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
such subparagraphs, as so redesignated, an additional two ems
from the left margin;
(2) by striking ``An acquisition'' and inserting the
following:
``(1) In general.--An acquisition''; and
(3) by adding at the end the following:
``(2) Clarification on prohibition on searching of
collections of communications of united states persons.--
``(A) In general.--Except as provided in subparagraph (B),
no officer or employee of the United States may conduct a
search of a collection of communications acquired under this
section in an effort to find communications of a particular
United States person (other than a corporation).
``(B) Concurrent authorization and exception for emergency
situations.--Subparagraph (A) shall not apply to a search for
communications related to a particular United States person
if--
``(i) such United States person is the subject of an order
or emergency authorization authorizing electronic
surveillance or physical search under section 105, 304, 703,
704, or 705 of this Act, or under title 18, United States
Code, for the effective period of that order;
``(ii) the entity carrying out the search has a reasonable
belief that the life or safety of such United States person
is threatened and the information is sought for the purpose
of assisting that person; or
``(iii) such United States person has consented to the
search.''.
[[Page S5864]]
SEC. 93002. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC
COMMUNICATIONS NOT CONCERNING TERRORISM UNDER
FISA AMENDMENTS ACT.
(a) In General.--Section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) limit the acquisition of the contents of any
communication to communications to which any party is a
target of the acquisition or communications that refer to the
target of the acquisition, if such communications are
acquired to protect against international terrorism.''; and
(2) in subsection (i)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) limit the acquisition of the contents of any
communication to communications to which any party is a
target of the acquisition or communications that refer to the
target of the acquisition, if such communications are
acquired to protect against international terrorism.''.
(b) Conforming Amendment.--Section 701(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(a)) is
amended by inserting `` `international terrorism','' after ``
`foreign power',''.
SEC. 93003. PROHIBITION ON REVERSE TARGETING UNDER FISA
AMENDMENTS ACT.
Section 702 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a), as amended by sections 93001 and
93002 of this Act, is further amended--
(1) in paragraph (1)(B) of subsection (b), as redesignated
by section 301, by striking ``the purpose'' and inserting ``a
significant purpose'';
(2) in subsection (d)(1)(A)--
(A) by striking ``ensure that'' and inserting the
following: ``ensure--
``(i) that''; and
(B) by adding at the end the following:
``(ii) that an application is filed under title I, if
otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the
communications of a particular, known person reasonably
believed to be located in the United States; and'';
(3) in subsection (g)(2)(A)(i)(I)--
(A) by striking ``ensure that'' and inserting the
following: ``ensure--
``(aa) that''; and
(B) by adding at the end the following:
``(bb) that an application is filed under title I, if
otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the
communications of a particular, known person reasonably
believed to be located in the United States; and''; and
(4) in subsection (i)(2)(B)(i)--
(A) by striking ``ensure that'' and inserting the
following: ``ensure--
``(I) that''; and
(B) by adding at the end the following:
``(II) that an application is filed under title I, if
otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the
communications of a particular, known person reasonably
believed to be located in the United States; and''.
SEC. 93004. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION
UNDER FISA AMENDMENTS ACT.
Section 702(i)(3) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Correction of deficiencies.--
``(i) In general.--If the Court finds that a certification
required by subsection (g) does not contain all of the
required elements, or that the procedures required by
subsections (d) and (e) are not consistent with the
requirements of those subsections or the fourth amendment to
the Constitution of the United States, the Court shall issue
an order directing the Government to, at the Government's
election and to the extent required by the order of the
Court--
``(I) correct any deficiency identified by the order of the
Court not later than 30 days after the date on which the
Court issues the order; or
``(II) cease, or not begin, the implementation of the
authorization for which such certification was submitted.
``(ii) Limitation on use of information.--
``(I) In general.--Except as provided in subclause (II), no
information obtained or evidence derived from an acquisition
pursuant to a certification or targeting or minimization
procedures subject to an order under clause (i) concerning
any United States person shall be received in evidence or
otherwise disclosed in any trial, hearing, or other
proceeding in or before any court, grand jury, department,
office, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or political
subdivision thereof, and no information concerning any United
States person acquired from the acquisition shall
subsequently be used or disclosed in any other manner by
Federal officers or employees without the consent of the
United States person, except with the approval of the
Attorney General if the information indicates a threat of
death or serious bodily harm to any person.
``(II) Exception.--If the Government corrects any
deficiency identified by the order of the Court under clause
(i), the Court may permit the use or disclosure of
information acquired before the date of the correction under
such minimization procedures as the Court shall establish for
purposes of this clause.''.
SEC. 93005. CHALLENGES TO GOVERNMENT SURVEILLANCE.
Section 702 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a), as amended by this title, is further
amended by adding at the end the following new subsection:
``(m) Challenges to Government Surveillance.--
``(1) Injury in fact.--In any claim in a civil action
brought in a court of the United States relating to
surveillance conducted under this section, the person
asserting the claim has suffered an injury in fact if the
person--
``(A) has a reasonable basis to believe that the person's
communications will be acquired under this section; and
``(B) has taken objectively reasonable steps to avoid
surveillance under this section.
``(2) Reasonable basis.--A person shall be presumed to have
demonstrated a reasonable basis to believe that the
communications of the person will be acquired under this
section if the profession of the person requires the person
regularly to communicate foreign intelligence information
with persons who--
``(A) are not United States persons; and
``(B) are located outside the United States.
``(3) Objective steps.--A person shall be presumed to have
taken objectively reasonable steps to avoid surveillance
under this section if the person demonstrates that the steps
were taken in reasonable response to rules of professional
conduct or analogous professional rules.''.
TITLE XCIV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
SEC. 94001. DEFINITIONS.
In this title:
(1) Constitutional advocate.--The term ``Constitutional
Advocate'' means the Constitutional Advocate appointed under
section 402(b).
(2) Decision.--The term ``decision'' means a decision,
order, or opinion issued by the FISA Court or the FISA Court
of Review.
(3) FISA.--The term ``FISA'' means the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(4) FISA court.--The term ``FISA Court'' means the court
established under section 103(a) of FISA (50 U.S.C. 1803(a)).
(5) FISA court of review.--The term ``FISA Court of
Review'' means the court of review established under section
103(b) of FISA (50 U.S.C. 1803(b)).
(6) Office.--The term ``Office'' means the Office of the
Constitutional Advocate established under section 402(a).
(7) Petition review pool.--The term ``petition review
pool'' means the petition review pool established by section
103(e) of FISA (50 U.S.C. 1803(e)) or any member of that
pool.
(8) Significant construction or interpretation of law.--The
term ``significant construction or interpretation of law''
means a significant construction or interpretation of a
provision, as that term is construed under section 601(c) of
FISA (50 U.S.C. 1871(c)).
SEC. 94002. OFFICE OF THE CONSTITUTIONAL ADVOCATE.
(a) Establishment.--There is established within the
judicial branch of the United States an Office of the
Constitutional Advocate.
(b) Constitutional Advocate.--
(1) In general.--The head of the Office is the
Constitutional Advocate.
(2) Appointment and term.--
(A) Appointment.--The Chief Justice of the United States
shall appoint the Constitutional Advocate from the list of
candidates submitted under subparagraph (B).
(B) Candidates.--
(i) List of candidates.--The Privacy and Civil Liberties
Oversight Board shall submit to the Chief Justice a list of
not less than 5 qualified candidates to serve as a
Constitutional Advocate.
(ii) Selection of candidates.--In preparing a list
described in clause (i), the Privacy and Civil Liberties
Oversight Board shall select candidates the Board believes
will be zealous and effective advocates in defense of civil
liberties and consider each potential candidate's--
(I) litigation and other professional experience;
(II) experience with the areas of law the Constitutional
Advocate is likely to encounter in the course of the
Advocate's duties; and
(III) demonstrated commitment to civil liberties.
(C) Security clearance.--An individual may be appointed
Constitutional Advocate without regard to whether the
individual possesses a security clearance on the date of the
appointment.
(D) Term and dismissal.--A Constitutional Advocate shall be
appointed for a term of 3 years and may be fired only for
good cause shown, including the demonstrated inability to
qualify for an adequate security clearance.
(E) Reappointment.--There shall be no limit to the number
of consecutive terms
[[Page S5865]]
served by a Constitutional Advocate. The reappointment of a
Constitutional Advocate shall be made in the same manner as
appointment of a Constitutional Advocate.
(F) Acting constitutional advocate.--If the position of
Constitutional Advocate is vacant, the Chief Justice may
appoint an Acting Constitutional Advocate from among the
qualified employees of the Office. If there are no such
qualified employees, the Chief Justice may appoint an Acting
Constitutional Advocate from the most recent list of
candidates provided by the Privacy and Civil Liberties
Oversight Board pursuant to subparagraph (B). The Acting
Constitutional Advocate shall have all of the powers of a
Constitutional Advocate and shall serve until a
Constitutional Advocate is appointed.
(3) Employees.--The Constitutional Advocate is authorized,
without regard to the civil service laws and regulations, to
appoint and terminate employees of the Office.
(c) Security Clearances.--The appropriate departments,
agencies, and elements of the executive branch shall
cooperate with the Office, to the extent possible under
existing procedures and requirements, to expeditiously
provide the Constitutional Advocate and appropriate employees
of the Office with the security clearances necessary to carry
out the duties of the Constitutional Advocate.
(d) Duties and Authorities of the Constitutional
Advocate.--
(1) In general.--The Constitutional Advocate--
(A) shall review each application to the FISA Court by the
Attorney General;
(B) shall review each decision of the FISA Court, the
petition review pool, or the FISA Court of Review issued
after the date of the enactment of this Act and all documents
and other material relevant to such decision in a complete,
unredacted form;
(C) may participate in a proceeding before the petition
review pool if such participation is requested by a party in
such a proceeding or by the petition review pool;
(D) shall consider any request from a provider who has been
served with an order, certification, or directive compelling
the provider to provide assistance to the Government or to
release customer information to assist that provider in a
proceeding before the FISA Court or the petition review pool,
including a request--
(i) to oppose the Government on behalf of the private party
in such a proceeding; or
(ii) to provide guidance to the private party if the
private party is considering compliance with an order of the
FISA Court;
(E) shall participate in a proceeding before the FISA Court
if appointed to participate by the FISA Court under section
403(a) and may participate in a proceeding before the
petition review pool if authorized under section 404(a);
(F) may request to participate in a proceeding before the
FISA Court or the petition review pool;
(G) shall participate in such a proceeding if such request
is granted;
(H) may request reconsideration of a decision of the FISA
Court under section 403(b);
(I) may appeal or seek review of a decision of the FISA
Court, the petition review pool, or the FISA Court of Review,
as permitted by this title; and
(J) shall participate in such appeal or review.
(2) Advocacy.--The Constitutional Advocate shall protect
individual rights by vigorously advocating before the FISA
Court, the petition review pool, or the FISA Court of Review,
as appropriate, in support of legal interpretations that
minimize the scope of surveillance and the extent of data
collection and retention.
(3) Utilization of outside counsel.--The Constitutional
Advocate--
(A) may delegate to a competent outside counsel any duty or
responsibility of the Constitutional Advocate with respect to
participation in a matter before the FISA Court, the FISA
Court of Review, or the Supreme Court of the United States;
and
(B) may not delegate to outside counsel any duty or
authority set out in subparagraph (A), (B), (D), (F), (H), or
(I) of paragraph (1).
(4) Availability of documents and material.--The FISA
Court, the petition review pool, or the FISA Court of Review,
as appropriate, shall order any agency, department, or entity
to make available to the Constitutional Advocate, or
appropriate outside counsel if utilized by the Constitutional
Advocate under paragraph (3), any documents or other material
necessary to carry out the duties described in paragraph (1).
SEC. 94003. ADVOCACY BEFORE THE FISA COURT.
(a) Appointment To Participate.--
(1) In general.--The FISA Court may appoint the
Constitutional Advocate to participate in a FISA Court
proceeding.
(2) Standing.--If the Constitutional Advocate is appointed
to participate in a FISA Court proceeding pursuant to
paragraph (1), the Constitutional Advocate shall have
standing as a party before the FISA Court in that proceeding.
(b) Reconsideration of a FISA Court Decision.--
(1) Authority to move for reconsideration.--The
Constitutional Advocate may move the FISA Court to reconsider
any decision of the FISA Court made after the date of the
enactment of this Act by petitioning the FISA Court not later
than 30 days after the date on which all documents and
materials relevant to the decision are made available to the
Constitutional Advocate.
(2) Discretion of the fisa court.--The FISA Court shall
have discretion to grant or deny a motion for reconsideration
made pursuant to paragraph (1).
(c) Amicus Curiae Participation.--
(1) Motion by the constitutional advocate.--The
Constitutional Advocate may file a motion with the FISA Court
to permit and facilitate participation of amicus curiae,
including participation in oral argument if appropriate, in
any proceeding. The FISA Court shall have the discretion to
grant or deny such a motion.
(2) Facilitation by the fisa court.--The FISA Court may,
sua sponte, permit and facilitate participation by amicus
curiae, including participation in oral argument if
appropriate, in proceedings before the FISA Court.
(3) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the FISA Court shall promulgate
rules to provide the public with information sufficient to
allow interested parties to participate as amicus curiae.
SEC. 94004. ADVOCACY BEFORE THE PETITION REVIEW POOL.
(a) Authority To Participate.--The petition review pool or
any party to a proceeding before the petition review pool may
authorize the Constitutional Advocate to participate in a
petition review pool proceeding.
(b) Reconsideration of a Petition Review Pool Decision.--
(1) Authority to move for reconsideration.--The
Constitutional Advocate may move the petition review pool to
reconsider any decision of the petition review pool made
after the date of the enactment of this Act by petitioning
the petition review pool not later than 30 days after the
date on which all documents and materials relevant to the
decision are made available to the Constitutional Advocate.
(2) Discretion of the petition review pool.--The petition
review pool shall have discretion to grant or deny a motion
for reconsideration made pursuant to paragraph (1).
(c) Amicus Curiae Participation.--
(1) Motion by the constitutional advocate.--The
Constitutional Advocate may file a motion with the petition
review pool to permit and facilitate participation of amicus
curiae, including participation in oral argument if
appropriate, in any proceeding. The petition review pool
shall have the discretion to grant or deny such a motion.
(2) Facilitation by the fisa court.--The petition review
pool may, sua sponte, permit and facilitate participation by
amicus curiae, including participation in oral argument if
appropriate, in proceedings before the petition review pool.
(3) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the petition review pool shall
promulgate rules to provide the public with information
sufficient to allow interested parties to participate as
amicus curiae.
SEC. 94005. APPELLATE REVIEW.
(a) Appeal of FISA Court Decisions.--
(1) Authority to appeal.--The Constitutional Advocate may
appeal any decision of the FISA Court or the petition review
pool issued after the date of the enactment of this Act not
later than 90 days after the date the decision is issued,
unless it would be apparent to all reasonable jurists that
such decision is dictated by statute or by precedent handed
down after such date of enactment.
(2) Standing as appellant.--If the Constitutional Advocate
appeals a decision of the FISA Court or the petition review
pool pursuant to paragraph (1), the Constitutional Advocate
shall have standing as a party before the FISA Court of
Review in such appeal.
(3) Mandatory review.--The FISA Court of Review shall
review any FISA Court or petition review pool decision
appealed by the Constitutional Advocate and issue a decision
in such appeal.
(4) Standard of review.--The standards for a mandatory
review of a FISA Court or petition review pool decision
pursuant to paragraph (3) shall be--
(A) de novo with respect to issues of law; and
(B) clearly erroneous with respect to determination of
facts.
(5) Amicus curiae participation.--
(A) In general.--The FISA Court of Review shall accept
amicus curiae briefs from interested parties in all mandatory
reviews pursuant to paragraph (3) and shall provide for
amicus curiae participation in oral argument if appropriate.
(B) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the FISA Court of Review shall
promulgate rules to provide the public with information
sufficient to allow interested parties to participate as
amicus curiae.
(b) Review of FISA Court of Review Decisions.--
(1) Authority.--The Constitutional Advocate may seek a writ
of certiorari from the Supreme Court of the United States for
review of any decision of the FISA Court of Review.
(2) Standing.--In any proceedings before the Supreme Court
of the United States relating to a petition of certiorari
filed under paragraph (1) and any proceedings in a matter for
which certiorari is granted, the Constitutional Advocate
shall have standing as a party.
SEC. 94006. DISCLOSURE.
(a) Requirement To Disclose.--The Attorney General shall
publicly disclose--
[[Page S5866]]
(1) all decisions issued by the FISA Court, the petition
review pool, or the FISA Court of Review after July 10, 2003,
that include a significant construction or interpretation of
law;
(2) any decision of the FISA Court or the petition review
pool appealed by the Constitutional Advocate pursuant to this
title; and
(3) any FISA Court of Review decision that is issued after
an appeal by the Constitutional Advocate.
(b) Disclosure Described.--For each disclosure required by
subsection (a) with respect to a decision, the Attorney
General shall make available to the public documents
sufficient--
(1) to identify with particularity each legal question
addressed by the decision and how such question was resolved;
(2) to describe in general terms the context in which the
matter arises;
(3) to describe the construction or interpretation of any
statute, constitutional provision, or other legal authority
relied on by the decision; and
(4) to indicate whether the decision departed from any
prior decision of the FISA Court, the petition review pool,
or the FISA Court of Review.
(c) Documents Described.--The Attorney General shall
satisfy the disclosure requirements in subsection (b) by--
(1) releasing a FISA Court, petition review pool, or FISA
Court of Review decision in its entirety or as redacted;
(2) releasing a summary of a FISA Court, petition review
pool, or FISA Court of Review decision; or
(3) releasing an application made to the FISA Court, a
petition made to the petition review pool, briefs filed
before the FISA Court, the petition review pool, or the FISA
Court of Review, or other materials, in full or as redacted.
(d) Extensive Disclosure.--The Attorney General shall
release as much information regarding the facts and analysis
contained in a decision described in subsection (a) or
documents described in subsection (c) as is consistent with
legitimate national security concerns.
(e) Timing of Disclosure.--
(1) Decisions issued prior to enactment.--A decision issued
prior to the date of the enactment of this Act that is
required to be disclosed under subsection (a)(1) shall be
disclosed not later than 180 days after the date of the
enactment of this Act.
(2) FISA court and petition review pool decisions.--The
Attorney General shall release FISA Court or petition review
pool decisions appealed by the Constitutional Advocate not
later than 30 days after the date the appeal is filed.
(3) FISA court of review decisions.--The Attorney General
shall release FISA Court of Review decisions appealed by the
Constitutional Advocate not later than 90 days after the date
the appeal is filed.
(f) Petition by the Constitutional Advocate.--
(1) Authority to petition.--The Constitutional Advocate may
petition the FISA Court, the petition review pool, or the
FISA Court of Review to order--
(A) the public disclosure of a decision of such a Court or
review pool, and documents or other material relevant to such
a decision, previously designated as classified information;
or
(B) the release of an unclassified summary of such
decisions and documents.
(2) Contents of petition.--Each petition filed under
paragraph (1) shall contain a detailed declassification
proposal or a summary of the decision and documents that the
Constitutional Advocate proposes to have released publicly.
(3) Role of the attorney general.--
(A) Copy of petition.--The Constitutional Advocate shall
provide to the Attorney General a copy of each petition filed
under paragraph (1).
(B) Opposition.--The Attorney General may oppose a petition
filed under paragraph (1) by submitting any objections in
writing to the FISA Court, the petition review pool, or the
FISA Court of Review, as appropriate, not later than 90 days
after the date such petition was submitted.
(4) Public availability.--Not less than 91 days after
receiving a petition under paragraph (1), and taking into
account any objections from the Attorney General made under
paragraph (3)(B), the FISA Court, the petition review pool,
or the FISA Court of Review, as appropriate, shall declassify
and make readily available to the public any decision,
document, or other material requested in such petition, to
the greatest extent possible, consistent with legitimate
national security considerations.
(5) Effective date.--The Constitutional Advocate may not
file a petition under paragraph (1) until 181 days after the
date of the enactment of this Act, except with respect to a
decision appealed by the Constitutional Advocate.
SEC. 94007. ANNUAL REPORT TO CONGRESS.
(a) Requirement for Annual Report.--The Constitutional
Advocate shall submit to Congress an annual report on the
implementation of this title.
(b) Contents.--Each annual report submitted under
subsection (a) shall--
(1) detail the activities of the Office;
(2) provide an assessment of the effectiveness of this
title; and
(3) propose any new legislation to improve the functioning
of the Office or the operation of the FISA Court, the
petition review pool, or the FISA Court of Review.
SEC. 94008. PRESERVATION OF RIGHTS.
Nothing in this title shall be construed--
(1) to provide the Attorney General with authority to
prevent the FISA Court, the petition review pool, or the FISA
Court of Review from declassifying decisions or releasing
information pursuant to this title; and
(2) to eliminate the public's ability to secure information
under section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'') or any other
provision of law.
TITLE XCV--NATIONAL SECURITY LETTER REFORMS
SEC. 95001. NATIONAL SECURITY LETTER AUTHORITY.
(a) National Security Letter Authority for Communications
Subscriber Records.--
(1) In general.--Section 2709(b) of title 18, United States
Code, is amended by amending paragraphs (1) and (2) to read
as follows:
``(1) request the name, address, length of service, and
local and long distance toll billing records of a person or
entity if the Director (or the Director's designee) certifies
in writing to the wire or electronic communication service
provider to which the request is made that--
``(A) the name, address, length of service, and toll
billing records sought are relevant to an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an
investigation of a United States person is not conducted
solely on the basis of activities protected by the first
amendment to the Constitution of the United States; and
``(B) there are specific and articulable facts showing that
there are reasonable grounds to believe that the name,
address, length of service, and toll billing records sought--
``(i) pertain to a foreign power or agent of a foreign
power;
``(ii) are relevant to the activities of a suspected agent
of a foreign power who is the subject of such authorized
investigation; or
``(iii) pertain to an individual in contact with, or known
to, a suspected agent; and
``(2) request the name, address, and length of service of a
person or entity if the Director (or the Director's designee)
certifies in writing to the wire or electronic communication
service provider to which the request is made that--
``(A) the information sought is relevant to an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an
investigation of a United States person is not conducted
solely upon the basis of activities protected by the first
amendment to the Constitution of the United States; and
``(B) there are specific and articulable facts showing that
there are reasonable grounds to believe that the information
sought pertains to--
``(i) a foreign power or agent of a foreign power;
``(ii) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(iii) an individual in contact with, or known to, a
suspected agent.''.
(b) National Security Letter Authority for Certain
Financial Records.--Section 1114 of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414) is amended to read as
follows:
``SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL
RECORDS.
``(a) Authorization.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or Special Agent in Charge in a Bureau field
office, or the Director of the United States Secret Service
may issue in writing and cause to be served on a financial
institution, a National Security Letter requiring the
production of--
``(A) the name of a customer of the financial institution;
``(B) the address of a customer of the financial
institution;
``(C) the length of time during which a person has been, or
was, a customer of the financial institution (including the
start date) and the type of service provided by the
institution to the customer; and
``(D) any account number or other unique identifier
associated with a customer of the financial institution.
``(2) Limitation.--A National Security Letter issued under
this subsection may not require the production of records or
information not listed in paragraph (1).
``(b) National Security Letter Requirements.--
``(1) In general.--A National Security Letter issued under
subsection (a) shall--
``(A) be subject to the requirements of subsections (b)
through (f) of section 2709 of title 18, United States Code,
in the same manner and to the same extent as those provisions
apply with respect to a request under section 2709(b) of
title 18, United States Code, to a wire or electronic
communication service provider;
``(B)(i) in the case of a National Security Letter issued
by the Director of the Federal Bureau of Investigation or the
Director's designee, include a statement of facts showing
that there are reasonable grounds to believe that the records
or other things sought--
``(I) are relevant to an authorized investigation (other
than a threat assessment) to obtain foreign intelligence
information not
[[Page S5867]]
concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities; and
``(II) pertain to--
``(aa) a foreign power or an agent of a foreign power;
``(bb) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(cc) an individual in contact with, or known to, a
suspected agent of a foreign power; and
``(ii) in the case of a National Security Letter issued by
the Director of the United States Secret Service, include a
statement of facts showing that there are reasonable grounds
to believe that the records or other things sought are
relevant to the conduct of the protective functions of the
United States Secret Service.
``(2) Reporting.--On a semiannual basis the Director of the
Federal Bureau of Investigation and the Director of the
United States Secret Service shall fully inform the Select
Committee on Intelligence, the Committee on the Judiciary,
and the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives, concerning all requests made under
subsection (a).
``(3) Definitions.--For purposes of this subsection, the
terms `agent of a foreign power', `international terrorism',
`foreign intelligence information', and `United States
person' have the same meanings as in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
``(c) Definition of `Financial Institution'.--For purposes
of this section (and sections 1115 and 1117, insofar as the
sections relate to the operation of this section), the term
`financial institution' has the same meaning as in
subsections (a)(2) and (c)(1) of section 5312 of title 31,
United States Code, except that the term shall include only a
financial institution any part of which is located inside any
State or territory of the United States, the District of
Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or the United States Virgin
Islands.''.
(c) National Security Letter Authority for Certain Consumer
Report Records.--
(1) In general.--Section 626 of the Fair Credit Reporting
Act (15 U.S.C. 1681u) is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 626. National Security Letters for certain consumer
report records'';
(B) by striking subsections (a) through (d) and inserting
the following:
``(a) Authorization.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or Special Agent in Charge in a Bureau field
office, may issue in writing and cause to be served on a
consumer reporting agency a National Security Letter
requiring the production of--
``(A) the name of a consumer;
``(B) the current and former address of a consumer;
``(C) the current and former places of employment of a
consumer; and
``(D) the name and address of any financial institution (as
that term is defined in section 1101 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401)) at which a
consumer maintains or has maintained an account, to the
extent that the information is in the files of the consumer
reporting agency.
``(2) Limitation.--A National Security Letter issued under
this subsection may not require the production of a consumer
report.
``(b) National Security Letter Requirements.--
``(1) In general.--A National Security Letter issued under
subsection (a) shall--
``(A) be subject to the requirements of subsections (b)
through (f) of section 2709 of title 18, United States Code,
in the same manner and to the same extent as those provisions
apply with respect to a request under section 2709(b) of
title 18, United States Code, to a wire or electronic
communication service provider; and
``(B) include a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant to an authorized investigation (other
than a threat assessment) to obtain foreign intelligence
information not concerning a United States person or to
protect against international terrorism or clandestine
intelligence activities; and
``(ii) pertain to--
``(I) a foreign power or an agent of a foreign power;
``(II) the activities of a suspected agent of a foreign
power who is the subject of such authorized investigation; or
``(III) an individual in contact with, or known to, a
suspected agent of a foreign power.
``(2) Reporting.--On a semiannual basis the Director of the
Federal Bureau of Investigation shall fully inform the Select
Committee on Intelligence, the Committee on the Judiciary,
and the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives, concerning all requests made under
subsection (a).
``(3) Definitions.--For purposes of this subsection, the
terms `agent of a foreign power', `international terrorism',
`foreign intelligence information', and `United States
person' have the same meanings as in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).'';
(C) by striking subsections (f) through (h); and
(D) by redesignating subsections (e) and (i) through (m) as
subsections (c) through (h), respectively.
(2) Repeal.--Section 627 of the Fair Credit Reporting Act
(15 U.S.C. 1681v) is repealed.
(d) Technical and Conforming Amendment.--
(1) Table of sections amendment.--The table of sections for
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is
amended by striking the items relating to sections 626 and
627 and inserting the following:
``626. National Security Letters for certain consumer
report records.
``627. [Repealed].''.
(2) Conforming amendments.--
(A) Notice requirements.--Section 1109 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3409) is amended by
striking subsection (c).
(B) Title 18, united states code.--Title 18, United States
Code, is amended--
(i) in section 1510(e), by striking ``section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),'' and inserting
``section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u), section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414),''; and
(ii) in section 3511--
(I) by striking ``section 1114(a)(5)(A) of the Right to
Financial Privacy Act,'' each place that term appears and
inserting ``section 1114 of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414),''; and
(II) by striking ``or section 627(a)'' each place that term
appears.
(C) National security act of 1947.--Section 507(b) of the
National Security Act of 1947 (50 U.S.C. 3106(b)) is
amended--
(i) in paragraph (2), by striking ``section 626(h)(2) of
the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2)).'' and
inserting ``section 626(b)(2) of the Fair Credit Reporting
Act (15 U.S.C. 1681u(b)(2)).''; and
(ii) in paragraph (3), by striking ``section 1114(a)(5)(C)
of the Right to Financial Privacy Act of 1978 (12 U.S.C.
3414(a)(5)(C)).'' and inserting ``section 1114(b)(2) of the
Right to Financial Privacy Act of 1978 (12 U.S.C.
3414(b)(2)).''.
(D) USA patriot act.--
(i) Section 118.--Section 118 of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 18 U.S.C. 3511 note) is amended--
(I) in subsection (c)(1)--
(aa) in subparagraph (C), by inserting ``and'' at the end;
(bb) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(cc) by striking subparagraph (E); and
(II) in subsection (d)--
(aa) in paragraph (2), by striking ``Section 1114(a)(5)(A)
of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(A))'' and inserting ``Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414)''; and
(bb) by striking paragraph (5).
(ii) Section 119.--Section 119(g) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 120 Stat. 219) is amended--
(I) in paragraph (2), by striking ``Section 1114(a)(5)(A)
of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(5)(A))'' and inserting ``Section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414)''; and
(II) by striking paragraph (5).
SEC. 95002. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.
Section 118(c) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 18 U.S.C.
3511 note), as amended by section 501(d)(2)(D)(i), is further
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``concerning different United States persons''; and
(B) in subparagraph (A), by striking ``, excluding the
number of requests for subscriber information'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Content.--
``(A) In general.--Except as provided in subparagraph (B),
each report required under this subsection shall include the
total number of requests described in paragraph (1) requiring
disclosure of information concerning--
``(i) United States persons;
``(ii) persons who are not United States persons;
``(iii) persons who are the subjects of authorized national
security investigations; or
``(iv) persons who are not the subjects of authorized
national security investigations.
``(B) Exception.--With respect to the number of requests
for subscriber information under section 2709 of title 18,
United States Code, a report required under this subsection
need not provide information separated into
[[Page S5868]]
each of the categories described in subparagraph (A).''.
TITLE XCVI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS
SEC. 96001. THIRD-PARTY REPORTING OF FISA ORDERS AND NATIONAL
SECURITY LETTERS.
(a) In General.--Each electronic service provider may
report information to the public in accordance with this
section about requests and demands for information made by
any Government entity under a surveillance law, and is exempt
in accordance with subsection (d) from liability with respect
to that report, even if such provider would otherwise be
prohibited by a surveillance law from reporting that
information.
(b) Periodic Aggregate Reports.--An electronic service
provider may report such information not more often than
quarterly and only to the following extent:
(1) Estimate of numbers of demands and requests made.--The
report may reveal an estimate of the number of such demands
and requests made during the period to which the report
pertains.
(2) Estimate of numbers of demands and requests complied
with.--The report may reveal an estimate of the numbers of
such demands and requests the service provider complied with
during the period to which the report pertains, regardless of
when the demands or requests were made.
(3) Estimate of number of users or accounts.--The report
may reveal an estimate of the numbers of users or accounts,
or both, of the service provider, for which information was
demanded, requested, or provided during the period to which
the report pertains.
(c) Special Rules for Reports.--
(1) Level of detail by authorizing surveillance law.--Any
estimate disclosed under this section may be an overall
estimate or broken down by categories of authorizing
surveillance laws or by provisions of authorizing
surveillance laws.
(2) Level of detail by numerical range.--Each estimate
disclosed under this section shall be rounded to the nearest
100. If an estimate is zero, an electronic service provider
may report the estimate as zero.
(3) Report may be broken down by periods not less than
calendar quarters.--For any reporting period, the provider
may break down the report by calendar quarters or any other
time periods greater than a calendar quarter.
(d) Limitation on Liability.--An electronic service
provider making a report that the provider reasonably
believes in good faith is authorized by this section is not
criminally or civilly liable in any court for making that
report.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit disclosures other than those authorized
by this section.
(f) Definitions.--In this section:
(1) The term ``electronic service provider'' means a
provider of an electronic communications service (as that
term is defined in section 2510 of title 18, United States
Code) or a provider of a remote computing service (as that
term is defined in section 2711 of title 18, United States
Code).
(2) The term ``surveillance law'' means any provision of
any of the following:
(A) The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(B) Section 802(a) of the National Security Act of 1947 (50
U.S.C. 3162(a)).
(C) Section 2709 of title 18, United States Code.
(D) Section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414).
(E) Subsections (a) or (b) of section 626 of the Fair
Credit Reporting Act (15 U.S.C. 1681u).
SEC. 96002. GOVERNMENT REPORTING OF FISA ORDERS.
(a) Electronic Surveillance.--Section 107 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1807) is
amended--
(1) by redesignating subsections (a) and (b) as paragraphs
(1) and (2), respectively;
(2) in the matter preceding paragraph (1) (as redesignated
by paragraph (1) of this subsection)--
(A) by striking ``In April'' and inserting ``(a) In
April''; and
(B) by striking ``Congress'' and inserting ``the Select
Committee on Intelligence and the Committee on the Judiciary
of the Senate and the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the House
of Representatives'';
(3) in subsection (a) (as designated by paragraph (2) of
this subsection)--
(A) in paragraph (1) (as redesignated by paragraph (1) of
this subsection), by striking ``and'' at the end;
(B) in paragraph (2) (as so redesignated), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) the total number of individuals who were subject to
electronic surveillance conducted under an order entered
under this title, rounded to the nearest 100; and
``(4) the total number of United States persons who were
subject to electronic surveillance conducted under an order
entered under this title, rounded to the nearest 100.''; and
(4) by adding at the end the following new subsection:
``(b)(1) Each report required under subsection (a) shall be
submitted in unclassified form.
``(2) Not later than 7 days after a report is submitted
under subsection (a), the Attorney General shall make such
report publicly available.''.
(b) Pen Register and Trap and Trace Devices.--Section 406
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1846) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) a good faith estimate of the total number of
individuals whose electronic or wire communications
information was obtained through the use of pen register or
trap and trace devices authorized under an order entered
under this title, rounded to the nearest 100; and
``(5) a good faith estimate of the total number of United
States persons whose electronic or wire communications
information was obtained through the use of a pen register or
trap and trace devices authorized under an order entered
under this title, rounded to the nearest 100.''; and
(2) by adding at the end the following new subsection:
``(c)(1) Each report required under subsection (b) shall be
submitted in unclassified form.
``(2) Not later than 7 days after a report is submitted
under subsection (b), the Attorney General shall make such
report publicly available.''.
(c) Access to Certain Business Records.--Section 502 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1862) is amended--
(1) in subsection (b)(3), by adding at the end the
following new subparagraphs:
``(F) Records concerning electronic communications.
``(G) Records concerning wire communications.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
``(C) a good faith estimate of the total number of
individuals whose tangible things were produced under an
order entered under section 501, rounded to the nearest 100;
and
``(D) a good faith estimate of the total number of United
States persons whose tangible things were produced under an
order entered under section 501, rounded to the nearest
100.''; and
(B) by adding at the end the following new paragraph:
``(3) Not later than 7 days after the date on which a
report is submitted under paragraph (1), the Attorney General
shall make such report publicly available.''.
(d) Additional Procedures Regarding Certain Persons Outside
the United States.--Section 707 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by
adding at the end the following new subsection:
``(c) Additional Annual Report.--
``(1) Report required.--In April of each year, the Attorney
General shall submit to the congressional intelligence
committees and the Committees on the Judiciary of the House
of Representatives and the Senate a report setting forth with
respect to the preceding year--
``(A) the total number of--
``(i) directives issued under section 702;
``(ii) orders granted under section 703; and
``(iii) orders granted under section 704;
``(B) good faith estimates of the total number of
individuals, rounded to the nearest 100, whose electronic or
wire communications or communications records were collected
pursuant to--
``(i) an order granted under section 703; and
``(ii) an order granted under section 704; and
``(C) good faith estimates of the total number, rounded to
the nearest 100, of United States persons whose electronic or
wire communications or communications records were collected
pursuant to--
``(i) an order granted under section 703; and
``(ii) an order granted under section 704.
``(2) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form.
``(3) Public availability.--Not later than 7 days after the
date on which a report is submitted under paragraph (1), the
Attorney General shall make such report publicly
available.''.
TITLE XCVII--OTHER MATTERS
SEC. 97001. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SUBPOENA AUTHORITY.
Section 1061(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3).
[[Page S5869]]
SEC. 97002. SCOPE OF LIABILITY PROTECTION FOR PROVIDING
ASSISTANCE TO THE GOVERNMENT.
Section 802 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1885a) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``and except as provided in subsection
(j),'' after ``law,''; and
(2) by adding at the end the following:
``(j) Violation of User Agreements.--Subsection (a) shall
not apply to assistance provided by a person if the provision
of assistance violates a user agreement, including any
privacy policy associated with the user agreement, in effect
at the time the assistance is provided between the person and
the person relating to whom the assistance was provided.''.
______
SA 2455. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Beginning on page 888, strike line 10 and all that follows
through page 889, line 13, and insert the following:
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Administrator shall consider--
``(A) the difference between--
``(i) the estimated volume of traffic that uses an
applicable road or bridge after a project is completed; and
``(ii) the volume of traffic that existing road or bridge
was designed to accommodate;
``(B) the national significance (rather than the regional
significance) of the project; and
``(C) the extent to which the project--
``(i) leverages Federal investment by encouraging non-
Federal contributions to the project, including contributions
from public-private partnerships;
``(ii) is able to begin construction by the date that is
not later than 18 months after the date on which the project
is selected;
``(iii) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(iv) helps maintain or protect the environment;
``(v) improves roadways vital to national energy security;
``(vi) improves or upgrades designated future Interstate
System routes;
``(vii) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project;
``(viii) helps to improve mobility and accessibility;
``(ix) addresses the impact of population growth on the
movement of people and freight;
``(x) would have a positive impact on 1 or more highways on
the Interstate System;
``(xi) would repair or replace a road or bridge that--
``(I) has been determined to be structurally or
functionally obsolete; and
``(II) poses a risk to public safety;
``(xii) would have a positive impact on interstate
commerce, as demonstrated by an examination of economic
indicators, including--
``(I) the impact of the project on shipping and trucking
commerce;
``(II) the nexus of the project to other States; and
``(III) the availability of alternative routes, as compared
to the routes affected by the project; and
``(xiii) would receive additional funding from a State or
local government.
______
SA 2456. Mr. MORAN (for himself, Mr. Donnelly, Mr. Blunt, Mrs.
Murray, Mr. Udall, Mr. Burr, and Ms. Cantwell) submitted an amendment
intended to be proposed to amendment SA 2266 proposed by Mr. McConnell
to the 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; which was ordered to
lie on the table; as follows:
=========================== NOTE ===========================
S5869, July 26, 2015, in the second column, under the heading
TEXT OF AMENDMENTS, the following appears: SA 2456. SA 2456. Mr.
MORAN (for himself, Mrs. Murray, Mr. Udall, Mr. Burr, and Ms.
Cantwell) . . .
Record has been corrected to read: SA 2456. Mr. MORAN (for
himself, Mr. Donnelly, Mr. Blunt, Mrs. Murray, Mr. Udall, Mr.
Burr, and Ms. Cantwell) . . .
========================= END NOTE =========================
On page 338, beginning on line 9, strike ``$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'' and insert the following: ``$464,125,375 for
fiscal year 2016, $470,176,693 for fiscal year 2017,
$476,550,713 for fiscal year 2018, $483,453,719 for fiscal
year 2019, $490,856,089 for fiscal year 2020, and
$498,464,138 for fiscal year 2021''.
On page 338, beginning on line 18, strike ``$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'' and insert the following:
``$274,125,375 for fiscal year 2016, $280,176,692 for fiscal
year 2017, $286,550,712 for fiscal year 2018, $293,453,719
for fiscal year 2019, $300,856,089 for fiscal year 2020, and
$308,464,138 for fiscal year 2021''.
On page 350, line 19, strike ``15 percent'' and insert ``4
percent''.
______
SA 2457. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
Beginning on page 784, strike line 24 and all that follows
through page 785, line 3, and insert the following:
``(i) Information Protections.--The Secretary may not
disclose publicly any part of an in-cab audio or image
recording or transcript of oral communications by or among
train employees or other operating employees responsible for
the movement and direction of the train, or between such
operating employees and company communication centers,
related to an accident investigated by the Secretary.
However, the Secretary shall make public any part of a
transcript or any written depiction of visual information
that the Secretary decides is relevant to the accident at the
time a majority of the other factual reports on the accident
are released to the public.''.
______
SA 2458. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 789, strike line 9 and all that follows through
``(4) Designee.--'' on line 14, and insert the following:
(3) Designee.--
______
SA 2459. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to
exempt employees with health care 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AUTOCYCLE SAFETY.
(a) Short Title.--This section may be cited as the
``Autocycle Safety Act''.
(b) Motor Vehicle Safety Standards.--
(1) Defined term.--Section 30102(a) of title 49, United
States Code, is amended--
(A) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12), respectively; and
(B) by inserting before paragraph (2), as redesignated, the
following:
``(1) `autocycle' means a motor vehicle with 3 wheels, a
fully enclosed occupant compartment, and a steering wheel,
which is subject to applicable Federal motor vehicle safety
standards, as determined necessary by the Secretary of
Transportation through regulation.''.
(2) Applicability of motor vehicle safety standards to
autocycles.--Chapter 301 of title 49, United States Code, is
amended--
(A) in the table of sections, by striking the items
relating to sections 30113 and 30114 and inserting the
following:
``30113. Exemptions.
``30114. Autocycles.'';
(B) in section 30113, by amending the section heading to
read as follows:
``Sec. 30113. Exemptions'';
(C) by redesignating section 30114 as subsection (i) of
section 30113; and
(D) by inserting after section 30113, as amended by
subparagraph (C), the following:
``Sec. 30114. Autocycles
``(a) Interim Safety Standards for Autocycles.--During the
period beginning on the date of the enactment of the
Autocycle Safety Act and ending on the effective date of the
rules issued pursuant to subsection (c), a person satisfies
the requirements set forth in section 30112(a) with regard to
an autocycle if the autocycle--
``(1) complies with the motor vehicle safety standards for
passenger cars with gross vehicle weight ratings of 10,000
pounds or less, as set forth in part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) seating systems (FMVSS 207);
[[Page S5870]]
``(B) belted occupant crash protection (FMVSS 208);
``(C) seat belt assemblies (FMVSS 209);
``(D) seat belt assembly anchorages (FMVSS 210);
``(E) child restraint systems (FMVSS 213);
``(F) roof crush resistance (FMVSS 216);
``(G) child restraint anchorage systems (FMVSS 225); and
``(H) flammability of interior materials (FMVSS 302);
``(2) meets the performance criteria relating to upper
interior impact set forth in FMVSS 201 to the extent possible
to reach the target points;
``(3) is equipped with a steering wheel air bag, 2 curtain
side impact air bags, anti-lock brakes, and electronic
stability control; and
``(4) complies with the motor vehicle safety standards for
motorcycles, as set forth in part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) brake hoses (FMVSS 106);
``(B) lamps, reflective devices, and associated equipment
(FMVSS 108);
``(C) rearview mirrors (FMVSS 111);
``(D) motor vehicle brake fluids (FMVSS 116);
``(E) new pneumatic tires (FMVSS 119);
``(F) tire selection and rims (FMVSS 120);
``(G) motorcycle brake systems (FMVSS 122);
``(H) motorcycle controls and displays (FMVSS 123); and
``(I) glazing materials (FMVSS 205).
``(b) Applicability.--In determining which motor vehicle
safety standards are applicable to autocycles, the Secretary
of Transportation shall--
``(1) apply motorcycle safety standards to those aspects of
an autocycle's performance regulated through the motor
vehicle safety standards applicable to motorcycles; and
``(2) apply passenger car safety standards to those aspects
of an autocycle's performance regulated through motor vehicle
safety standards that are not otherwise regulated through a
motorcycle standard.
``(c) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Autocycle Safety Act, the Secretary
shall issue such final rules, interpretations, and test
procedures in accordance with subsection (b) as may be
necessary for a person to satisfy the requirements set forth
in section 30112(a) with regard to an autocycle.
``(2) Rulemaking.--In issuing rules to preserve autocycle
safety pursuant to paragraph (1), the Secretary shall--
``(A) provide autocycle manufacturers with appropriate lead
time to comply with the safety standards set forth in such
rules; and
``(B) comply with the requirements and considerations set
forth in subsections (a) and (b) of section 30111.''.
(c) Autocycle Fuel Economy.--Section 32901(a) of title 49,
United States Code, is amended--
(1) by redesignating paragraphs (3) through (19) as
paragraphs (4) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) `autocycle' means a passenger automobile with 3
wheels, a fully enclosed occupant compartment, and a steering
wheel, which meets applicable Federal motor vehicle safety
standards, as determined under chapter 301.'';
(3) in paragraph (4), as redesignated, by inserting ``or an
autocycle'' after ``a 4-wheeled vehicle''; and
(4) in paragraph (19), as redesignated, by inserting
``(including an autocycle)'' after ``means an automobile''.
______
SA 2460. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to
exempt employees with health care 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; which was ordered to
lie on the table; as follows:
At the appropriate place in division C, insert the
following:
SEC. 3__. AUTOCYCLE FUEL ECONOMY.
Section 32901(a) is amended--
(1) by redesignating paragraphs (3) through (19) as
paragraphs (4) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) `autocycle' means a passenger automobile with 3
wheels, a fully enclosed occupant compartment, and a steering
wheel, which meets applicable Federal motor vehicle safety
standards, as determined under chapter 301.'';
(3) in paragraph (4), as redesignated, by inserting ``or an
autocycle'' after ``a 4-wheeled vehicle''; and
(4) in paragraph (19), as redesignated, by inserting
``(including an autocycle)'' after ``means an automobile''.
______
SA 2461. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 580, strike lines 2 through 13, and insert the
following:
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish a proposed
rule that updates the standards pertaining to tire pressure
monitoring systems to ensure that a tire pressure monitoring
system that is installed in a new motor vehicle after the
effective date of the revised standards cannot, to a level
other than a safe pressure level, be--
(1) overridden;
(2) reset; or
(3) recalibrated.
(b) Safe Pressure Level.--For the purposes of subsection
(a), the term ``safe pressure level'' shall mean a pressure
level consistent with the TPMS detection requirements
contained in S4.2(a) of section 571.138 of title 49, Code of
Federal Regulations, or any corresponding similar regulation
or ruling.
(c) Final Rule.--Not later than 2 years after the date of
enactment of this Act, after providing the public with
sufficient opportunity for notice and comment on the proposed
rule published under subsection (a), the Secretary shall
issue a final rule on the subject described in subsection
(a).
______
SA 2462. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 536, strike line 3 and insert the following:
by striking ``60'' and inserting ``45''.
______
SA 2463. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 539, strike lines 20 and 21, and insert the
following:
(C) in clause (ii), by inserting ``at a testing location''
after ``per day''.
______
SA 2464. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 577, strike lines 6 through 17, and insert the
following:
(a) Increase in Civil Penalties.--Section 30165(a) is
amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''.
______
SA 2465. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
On page 111, after line 20, add the following:
SEC. 11030. LOCAL ROAD SAFETY IMPROVEMENT.
(a) Short Title.--This section may be cited as the ``Local
Road Safety Act of 2015''.
[[Page S5871]]
(b) Highway Safety Improvement Program.--
(1) State strategic highway safety plan.--Section
148(a)(11) of title 23, United States Code, as redesignated
by section 11011(1)(B), is amended--
(A) in subparagraph (A)--
(i) in clause (ix) by striking ``and'' at the end;
(ii) by redesignating clause (x) as clause (xi); and
(iii) by inserting after clause (ix) the following:
``(x) private sector experts in the field of roadway safety
infrastructure; and''; and
(B) in subparagraph (E), by inserting ``, including the
results of any strategic highway safety plan developed by a
county or local government entity or regional transportation
planning organization'' after ``processes''.
(2) Special rules.--Section 148(g) of such title is amended
by adding at the end the following:
``(3) County and local transportation agencies.--From
amounts apportioned to each State under section 104(b)(3) in
each fiscal year, each State shall provide financial
assistance to county and local transportation agencies in an
amount that the State determines to be sufficient to assist
such agencies to address significant safety needs and high
fatality segments identified in a State strategic highway
safety plan--
``(A) non-State-owned public roads; and
``(B) roads on tribal land.''.
______
SA 2466. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
On page 529, line 18, add at the end the following: ``In
addition to other amounts made available to carry out
subsections (a) and (b) of section 5116, the Secretary may
use prior year recoveries recognized in the current year to
develop a blended training (direct and web-based) hazardous
materials response training curriculum, particularly
emergency response activities for the transportation of crude
oil, ethanol, and other flammable liquids by rail, consistent
with National Fire Protection Association standards.''.
______
SA 2467. Mr. BLUMENTHAL (for himself and Ms. Cantwell) submitted an
amendment intended to be proposed by him to the bill H.R. 22, to amend
the Internal Revenue Code of 1986 to exempt employees with health care
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; which was ordered to lie on the table; as follows:
At the appropriate place in title XXXII of division C,
insert the following:
SEC. __. PROHIBITING CELL PHONE USAGE BY COMMERCIAL MOTOR
VEHICLE OPERATORS.
(a) Prohibition.--Not later than 18 months after the date
of the enactment of this Act, the Secretary of Transportation
shall promulgate regulations that--
(1) prohibit the use of a personal wireless communications
device, including those using hands-free technology, while
operating a commercial motor vehicle, including a marked
pilot car that is escorting an oversize vehicle; and
(2) prohibit the use of a personal wireless communications
device, including those using hands-free technology, while
transporting hazardous materials.
(b) Definition.--In this section the term ``personal
wireless communications device''--
(1) means a device through which personal wireless services
(as defined in section 332(c)(7)(C)(i) of the Communications
Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and
(2) does not include a global navigation satellite system
receiver used for positioning, emergency notification, or
navigation purposes.
______
SA 2468. Mr. BLUMENTHAL (for himself and Mr. Nelson) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the bill H.R. 22, to amend the Internal Revenue Code of
1986 to exempt employees with health care 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; which was ordered to
lie on the table; as follows:
Strike section 32003 (relating to data certification).
Strike section 32005 (relating to accident report
information).
______
SA 2469. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
At the end of title I, add the following:
SEC. 11210. HABITAT CONNECTIVITY.
(a) Definitions.--Section 101(a) of title 23, United States
Code, is amended--
(1) by redesignating paragraphs (11) through (34) as
paragraphs (12) through (35), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) Habitat connectivity.--The term `habitat
connectivity' means the preservation, restoration, and
improvement of aquatic organism passage and wildlife
movement, passage and migration.''.
(b) Metropolitan Transportation Planning.--Section
134(h)(1)(E) of title 23, United States Code, is amended by
inserting ``including habitat connectivity,'' after
``environment,''.
(c) Statewide and Nonmetropolitan Transportation
Planning.--Section 135(d)(1)(E) of title 23, United States
Code, is amended by inserting ``including habitat
connectivity,'' after ``environment,''.
On page 229, lines 16 and 17, strike ``Section 101(a)(29)
of title 23, United States Code,'' and insert ``Paragraph
(30) of section 101(a) of title 23, United States Code (as
redesignated by section 11210(a)),''.
______
SA 2470. Mr. BOOKER (for himself, Mr. Sanders, Mr. Markey, Mr.
Carper, and Mr. Menendez) submitted an amendment intended to be
proposed to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
At the end of title I, add the following:
SEC. 11210. RESILIENCE FOR TRANSPORTATION SYSTEMS.
(a) Definitions.--Section 101(a) of title 23, United States
Code, is amended--
(1) by redesignating paragraphs (22) through (34) as
paragraphs (23) through (35), respectively;
(2) by inserting after paragraph (21) the following:
``(22) Resilience.--The term `resilience' means the ability
to use durable and sustainable materials and resilient
structural and nonstructural techniques that--
``(A) allow a transportation infrastructure project --
``(i) to resist hazards due to a major disaster; and
``(ii) to continue to serve the primary function of the
transportation infrastructure project following a major
disaster;
``(B) reduce the magnitude or duration of a disruptive
event to a transportation infrastructure project; and
``(C) have the absorptive capacity, adaptive capacity, and
recoverability to withstand a potentially disruptive event,
to decrease transportation project infrastructure
vulnerability.'';
(3) in paragraph (31) (as redesignated by paragraph (1))--
(A) in subparagraph (A), by inserting ``resilience,'' after
``safety,''; and
(B) in subparagraph (B)(ii), by inserting ``resilience,''
after ``reliability,''; and
(4) by adding at the end the following:
``(36) Vulnerability.--The term `vulnerability' means the
degree to which existing or planned infrastructure is subject
to and is susceptible to extreme weather events based on the
character, magnitude, and rate of a disruptive event to which
a system is exposed, and the sensitivity and resilience of
the system.''.
(b) National Highway Performance Program.--Section 119 of
title 23, United States Code, is amended--
(1) in subsection (d)(2), by adding at the end the
following:
``(Q) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, enhancing resilience.''; and
(2) in subsection (e)(4)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) measures to reduce vulnerability and ensure system
resilience;''.
(c) Highway Safety Improvement Program.--Section 148(a)(4)
of title 23, United States Code (as amended by section
11011), is amended--
[[Page S5872]]
(1) in clause (i) of subparagraph (A), by inserting ``or
vulnerable'' after ``hazardous''; and
(2) in clause (xxiv) of subparagraph (B), by inserting ``,
including measures to improve resilience'' after
``improvements''.
(d) National Goals and Performance Management Measures.--
Section 150(b) of title 23, United States Code, is amended by
adding at the end the following:
``(8) Resilience.--To increase the resilience of
transportation systems under the jurisdiction of a State,
regional or metropolitan planning organization, as
applicable.''.
On page 229, lines 16 and 17, strike ``Section 101(a)(29)
of title 23, United States Code,'' and insert ``Paragraph
(30) of section 101(a) of title 23, United States Code (as
redesignated by section 11210(a)),''.
______
SA 2471. Mr. BOOKER (for himself, Mr. Carper, and Mr. Menendez)
submitted an amendment intended to be proposed to amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
On page 35, strike lines 13 through 22 and insert the
following:
``(C) State share.--Of the total amount described in
subparagraph (B) for a fiscal year, the Secretary shall
allocate to each State for the fiscal year, based on the most
recent year data from the freight analysis framework--
``(i) 40 percent based on the ratio that--
``(I) the tonnage of rail, waterborne, highway, airport,
and pipeline freight moved in the State; bears to
``(II) the tonnage of that freight moved in all States;
``(ii) 40 percent based on the ratio that--
``(I) the value of rail, waterborne, highway, airport, and
pipeline freight moved in the State; bears to
``(II) the value of that freight moved in all States;
``(iii) 10 percent based on the ratio that--
``(I) the value of international product freight moved in
the State; bears to
``(II) the value of that freight moved in all States; and
``(iv) 10 percent based on the ratio that--
``(I) the tonnage of international product freight moved in
the State; bears to
``(II) the value of that freight moved in all States.
On page 871, strike lines 4 through line 15.
On page 871, line 16, strike ``(C)'' and insert ``(B)''.
______
SA 2472. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Beginning on page 429, strike line 23 and all that follows
through page 434, line 18, and insert the following:
SEC. 32201. MINIMUM INSURANCE COVERAGE.
(a) Transporting Property.--
(1) In general.--Section 31139(b) is amended--
(A) in paragraph (2), by striking ``$750,000'' and
inserting ``$1,500,000''; and
(B) by adding at the end the following:
``(3) The minimum level of financial responsibility under
paragraph (2) shall be adjusted annually by the Secretary to
reflect changes in the Consumer Price Index--All Urban
Consumers.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 1 year after the date
of the enactment of this Act.
(b) Rulemaking.--The Secretary, by regulation, shall
increase any minimum level of financial responsibility
required under section 31138 or section 31139 if, after an
opportunity for notice and comment, the Secretary determines
that the current amount is insufficient to satisfy liability
amounts covering the claims described in section 31138 or
section 31139, as applicable.
______
SA 2473. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 172, lines 12 and 13, strike ``to, and enter into
cooperative agreements and contracts with,'' and insert ``,
which may include (but may not require, consistent with the
objective to expand and diversify the grantee pool to include
independent research efforts by private entities as a
mechanism to most effectively leverage limited Federal funds
and avoid duplication) entering into cooperative agreements
and contracts with''.
On page 174, strike lines 22 through 24 and insert the
following:
deployment of ITS band, cellular communication, and
autonomous vehicle technologies, as well as the operation,
systems management, intermodal integration, and
interoperability of the ITS spectrum band technologies--
On page 176, line 13, insert ``, cellular communication,
and autonomous vehicle'' after ``ITS''.
On page 177, line 15, insert ``, cellular communications,
and autonomous vehicle'' after ``ITS''.
On page 177, strike line 16 and insert the following:
``(F) if deployed in the ITS spectrum band, a plan to
ensure interoperability of the
On page 178, line 22, insert ``, cellular communications,
and autonomous vehicle technologies'' after ``of ITS''.
On page 179, strike lines 22 through 25 and insert the
following:
``(E) the implementation of intelligent transportation
systems and other technologies that improve highway safety
through information and communications systems onboard the
vehicle or linking vehicles,
On page 180, line 24, insert ``based on a comparative cost-
benefit analysis of ITS band, cellular communications, and
autonomous vehicle technologies'' before the period at the
end.
On page 184, line 9, insert ``, cellular communications,
and autonomous vehicle'' after ``ITS''.
On page 475, line 15, insert ``and safety'' after
``information''.
On page 475, line 21, insert ``, advanced driver assistance
systems, and autonomous vehicle technologies'' after
``applications''.
On page 477, line 9, insert ``, advanced driver assistance
systems, autonomous vehicle technologies,'' before ``and
commercial''.
On page 477, line 13, insert ``of ITS band technologies''
after ``interoperability''.
On page 477, line 17, insert ``only for ITS operations in
the ITS spectrum (5.9 MHz) band'' after ``tests''.
On page 478, lines 4 and 5, strike ``information systems
and networks'' and insert ``and safety information systems
and networks, including advanced driver assistance systems
and autonomous vehicle technologies''.
______
SA 2474. Mr. BOOKER (for himself, Mr. Nelson, Mr. Casey, Mr. Markey,
Mr. Blumenthal, Mr. Carper, Mr. Coons, Mr. Murphy, Mr. Menendez, and
Mr. Warner) submitted an amendment intended to be proposed to amendment
SA 2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
On page 40, strike lines 8 through 13, and insert the
following:
(1) in subsection (b)--
(A) in paragraph (5), by inserting ``, and for intercity
passenger rail projects eligible for assistance under chapter
244 of title 49'' after ``by bus'';
(B) in paragraph (10), by inserting ``, including emergency
evacuation plans'' after ``programs''; and
(C) in paragraph (13), by adding a period at the end;
______
SA 2475. Mr. BOOKER submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 522, between lines 7 and 8, insert the following:
SEC. 32612. COLLISION AVOIDANCE TECHNOLOGIES.
(a) In General.--Not later than 24 months after the date of
the enactment of this Act, the Secretary shall initiate a
rulemaking to establish a Federal motor vehicle safety
standard that requires any motor vehicle with a gross vehicle
weight rating greater than 26,000 pounds to be equipped with
a crash avoidance and mitigation system, such as--
(1) a forward collision warning system;
(2) a forward collision automatic braking system; and
[[Page S5873]]
(3) a lane departure warning system.
(b) Performance and Standards.--The regulations prescribed
under subsection (a) shall establish performance requirements
and standards to prevent collisions with moving vehicles and
stopped vehicles.
(c) Final Rule; Effective Date.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall issue a final rule under subsection (a). The rule
prescribed by the Secretary under this subsection shall take
effect on the date that is 2 years after the date on which
the rule is published.
______
SA 2476. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 111, after line 20, add the following:
SEC. 11030. WAIVER OF LIMITATIONS ON CERTAIN SAFETEA-LU
FUNDS.
(a) Definition of Closed Project.--In this section, the
term ``closed project'' means a project that--
(1) received funds under section 1702 or 1934 of SAFETEA-LU
(Public Law 109-59; 119 Stat. 1256, 119 Stat. 1485); and
(2)(A) cannot be completed; or
(B) has been completed and for which there are funds
remaining unspent or unobligated.
(b) Request for Waiver.--
(1) In general.--Subject to paragraph (2), a State or unit
of local government may submit to the appropriate division
office of the Federal Highway Administration a request for a
waiver that would allow the State or unit of local government
to use funds specifically made available for a closed project
for 1 or more projects in the State eligible under title 23,
United States Code.
(2) Certification.--In making a request under paragraph
(1), the State or unit of local government shall certify--
(A) that the closed project for which the funds were
specifically made available--
(i) cannot be completed, including the reasons that the
closed project cannot be completed; or
(ii) has been completed and funds remain unspent or
unobligated; and
(B) the 1 or more projects in the State eligible under
title 23, United States Code, for which the funds described
in subparagraph (A) shall be used.
(c) Determination by Division Office.--Not later than 60
days after receipt of a request for a waiver under subsection
(b), the division office of the Federal Highway
Administration shall--
(1) notwithstanding any other provision of law, grant the
waiver;
(2) deny the waiver; or
(3) request additional information, not later than 60 days
after receipt of which the division office shall grant or
deny the waiver.
(d) Notification.--Not later than 30 days after issuance or
denial of a waiver under subsection (c), the Secretary shall
notify Congress in writing of the issuance or denial.
______
SA 2477. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
On page 356, strike line 14.
On page 357, strike line 13 and all that follows through
the end of the matter between lines 16 and 17.
______
SA 2478. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
On page 244, line 2, strike ``(2)(B)'' and insert ``(2)''.
______
SA 2479. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
On page 47, line 17, strike ``(2)(B)'' and insert ``(2)''.
______
SA 2480. Mr. BROWN (for himself, Mr. Reed, and Mr. Menendez)
submitted an amendment intended to be proposed to amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
On page 324, line 15, strike ``and'' and insert ``or''.
______
SA 2481. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
Beginning on page 262, strike line 13 and all that follows
through page 285, line 3.
______
SA 2482. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
On page 256, strike lines 9 through 13.
______
SA 2483. Mr. BROWN (for himself, Mr. Reed, and Mr. Menendez)
submitted an amendment intended to be proposed to amendment SA 2266
proposed by Mr. McConnell to the 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; which was
ordered to lie on the table; as follows:
On page 256, strike lines 6 through 8 and insert the
following:
(A) in subparagraph (C), by inserting ``consistent with
Federal requirements, including requirements under section
5326'' after ``equipment and facilities'';
______
SA 2484. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Strike section 52205.
______
SA 2485. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
[[Page S5874]]
On page 348, strike lines 11 through 18 and insert the
following:
``(1) In general.--
``(A) Authority.--The Secretary may make grants under this
subsection to eligible recipients to assist in the financing
of bus and bus facilities capital projects, including--
``(i) replacing, rehabilitating, purchasing, or leasing
buses or related equipment; and
``(ii) rehabilitating, purchasing, constructing, or leasing
bus-related facilities.
``(B) Eligible recipients and subrecipients.--
``(i) Recipients.--An eligible recipient under this
subsection is--
``(I) a designated recipient that allocates funds to a
fixed route bus operator; or
``(II) a State or local governmental entity that operates
fixed route bus service.
``(ii) Subrecipients.--An eligible recipient that receives
a grant under this subsection may allocate amounts of the
grant to a subrecipient that is a public agency or private
nonprofit organization engaged in public transportation.
______
SA 2486. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 22, line 9, insert ``and division B'' before ``of
this Act''.
______
SA 2487. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 301, before line 6, insert the following:
(c) Determination of Scope of Public Transportation
Research by the Federal Transit Administrator.--
(1) In general.--For research conducted with assistance
under section 5312 of title 49, United States Code, the
Federal Transit Administrator shall determine--
(A) the scope of research to be conducted;
(B) whether research to be conducted has unique benefits
for public transportation; and
(C) whether any research duplicates the research efforts of
any other modal administration.
(2) Limitation on assistant secretary for research and
technology.--Notwithstanding section 31202 of this Act, the
Assistant Secretary for Research and Technology of the
Department--
(A) shall honor a determination made by the Federal Transit
Administrator under paragraph (1) of this subsection;
(B) may not deny a modal plan or other submission by the
Federal Transit Administrator based on a determination
described in subparagraph (A); and
(C) may not limit the expenditure of funds authorized to
carry out carry section 5312 of title 49, United States Code.
______
SA 2488. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the 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;
which was ordered to lie on the table; as follows:
On page 323, line 13, strike the quotation marks and the
second period and insert the following:
``(u) 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 this chapter shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
``(4) Annual listing of disadvantaged business
enterprises.--Each State shall annually--
``(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
``(B) notify the Secretary, in writing, of the percentage
of the small business concerns that are controlled by--
``(i) women;
``(ii) socially and economically disadvantaged individuals
(other than women); and
``(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
``(5) Uniform certification.--
``(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for
the purpose of this subsection.
``(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
``(i) on-site visits;
``(ii) personal interviews with personnel;
``(iii) issuance or inspection of licenses;
``(iv) analyses of stock ownership;
``(v) listings of equipment;
``(vi) analyses of bonding capacity;
``(vii) listings of work completed;
``(viii) examination of the resumes of principal owners;
``(ix) analyses of financial capacity; and
``(x) analyses of the type of work preferred.
``(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
``(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
``(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
``(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity
to receive funds made available under this chapter 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.''.
______
SA 2489. Mr. MENENDEZ (for himself and Mr. Booker) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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
[[Page S5875]]
Act; which was ordered to lie on the table; as follows:
On page 170, after line 24, add the following:
SEC. 11210. CLEAN POWER PLAN HIGHWAY SANCTION.
(a) State Failure.--For any implementation plan or plan
revision required under section 111(d) of the Clean Air Act
(42 U.S.C. 7411(d)), or any regulations promulgated pursuant
to that section, if the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') makes a determination described in
subsection (b) or disapproves the submission of an
implementation plan based on the failure of the
implementation plan to meet 1 or more elements required for
the implementation plan, a sanction described in subsection
(c) shall, except as provided in subsection (d), apply to the
State until the date on which the Administrator determines
that the State is in compliance.
(b) Required Determination.--A determination referred to in
subsection (a) is a determination by the Administrator that--
(1) a State failed to submit an implementation plan or 1 or
more of the elements of the implementation plan; or
(2) any requirement of an approved implementation plan (or
approved portion of an implementation plan) is not being
implemented.
(c) Highway Sanction.--
(1) In general.--The Administrator may impose a
prohibition, applicable to a State effective on the date on
which the prohibition is imposed, on the approval by the
Secretary of any projects or the awarding by the Secretary of
any grants under title 23, United States Code, other than
with respect to a project or grant described in paragraph
(2).
(2) Limitation.--A prohibition imposed under paragraph (1)
shall not apply to a project or grant for public
transportation or for safety with respect to which the
Secretary determines, based on accident or other appropriate
data submitted by the State, that the principal purpose of
the project or public transportation grant is an improvement
in safety to resolve a demonstrated safety problem and would
likely result in a significant reduction in, or avoidance of,
accidents.
(d) Exception.--A sanction shall not be imposed under this
section if the Administrator determines that the deficiency
identified by the Administrator under subsection (a) or (b)
has been corrected not later than 18 months after the date on
which the implementation plan is disapproved in accordance
with subsection (a) or a determination is made under
subsection (b) with respect to the implementation plan.
______
SA 2490. Mr. MENENDEZ (for himself and Mr. Booker) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
On page 50, strike lines 9 through 17 and insert the
following:
(11) in subsection (p), by striking ``set aside under
section 104(f)'' and inserting ``apportioned under paragraphs
(5)(D) and (6) of section 104(b)'' ; and
(12) by adding at the end the following:
``(r) Treatment of Lake Tahoe Region.--
On page 246, strike lines 16 through 24 and insert the
following:
(11) in subsection (o), 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
(12) by adding at the end the following:
``(r) Treatment of Lake Tahoe Region.--
______
SA 2491. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 807, after line 22, insert the following:
PART V--TOXICS BY RAIL ACCOUNTABILITY
SEC. 35451. SHORT TITLE.
This part may be cited as the ``Toxics by Rail
Accountability and Community Knowledge Act of 2015'' or the
``TRACK Act''.
SEC. 35452. CHEMICAL EXPOSURE RIGHT-TO-KNOW.
(a) Definitions.--In this section:
(1) Long-lasting or irreversible health consequences.--The
term ``long-lasting or irreversible health consequences''
means those health consequences occurring at the exposure
threshold defined in the Acute Exposure Guideline Level AEGL-
2 or AEGL-3, as established by the National Advisory
Committee for the Development of Acute Exposure Guideline
Levels for Hazardous Substances.
(2) Post-accident public health assessment.--The term
``post-accident public health assessment'' means a scientific
assessment of the impacts of a hazardous material release on
public health made by a qualified entity.
(3) Qualified entity.--The term ``qualified entity'' means
a Federal, State, or other governmental entity responsible
for emergency response, public health, chemical safety or
transportation, or environmental protection.
(b) Right-to-Know Protections.--Beginning 180 days after
the date of the enactment of this Act, railroad carriers that
are found to be at fault by an administrative, judicial, or
investigatory process for an accident or incident during
calendar year 2010 or later that led to an unintended release
of hazardous materials shall--
(1) periodically review any post-accident public health
assessments regarding the extent to which individuals exposed
to the hazardous material that was released could experience
long-lasting or irreversible health consequences;
(2) timely inform individuals exposed to the hazardous
material of any health information, including information
regarding long-lasting or irreversible health consequences,
included in such reports; and
(3) offer to renegotiate any legal settlements made to
individuals impacted by a hazardous material release for
which additional information about the potential for long-
lasting or irreversible health consequences has been later
disclosed in a post-accident public health assessment.
(c) Enforcement.--Any railroad carrier violating subsection
(b)(3), or a regulation prescribed pursuant to subsection
(b)(3), shall be liable to the Federal Government for a civil
penalty for each violation or for each day the violation
continues, as follows:
(1) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class I carriers,
as determined by the Surface Transportation Board under
section 1201.1-1 of title 49, Code of Federal Regulations,
shall be liable for a civil penalty of not less than $100,000
and not more than $1,000,000.
(2) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class II
carriers, as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, shall be liable for a civil penalty of not less
than $25,000 and not more than $250,000.
(3) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class III
carriers, as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, shall be liable for a civil penalty of not less
than $10,000 and not more than $100,000.
SEC. 35453. COMMODITY FLOW TRANSPARENCY.
(a) Rulemaking.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe
regulations requiring a railroad carrier transporting a
hazardous material--
(1) to provide first responders, emergency response
officials, and law enforcement personnel in the communities
through which the hazardous material is transported with
accurate and current commodity flow data; and
(2) to assist with the development of emergency operations
and response plans designed to protect public health and
community safety in the event of a railroad accident or
incident involving the hazardous material.
(b) Considerations.--In prescribing regulations under
subsection (a), the Secretary may consider which hazardous
materials or classes of hazardous materials are most relevant
to be included within commodity flow information based on
factors such as--
(1) the volume of the hazardous material transported; and
(2) the threat to public health and community safety posed
by each hazardous material.
SEC. 35454. MOVEABLE BRIDGE INSPECTION BEFORE TRAIN MOVEMENT.
(a) Procedure Required.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall
prescribe regulations establishing a procedure for a railroad
carrier to permit a train to pass a red signal aspect
protecting a moveable bridge.
(b) Training and Qualifications.--
(1) Training program.--The procedure established pursuant
to subsection (a) shall require a railroad carrier that
operates across a moveable bridge to have an active program
to train and qualify its employees to determine whether a
train can safely travel across a moveable bridge when a
signal protecting the bridge is displaying a red signal
aspect.
(2) Required qualifications.--A railroad carrier described
in paragraph (1) shall ensure that only an individual
qualified under the railroad carrier's training program is
given responsibility for determining whether a train can
safely travel across a moveable bridge when a signal
protecting the bridge is displaying a red signal aspect.
(c) Enforcement.--Any railroad carrier violating this
section, or a regulation prescribed pursuant to this section,
shall be liable to the Federal Government for a civil
[[Page S5876]]
penalty for each violation or for each day the violation
continues, as follows:
(1) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class I carriers,
as determined by the Surface Transportation Board under
section 1201.1-1 of title 49, Code of Federal Regulations,
shall be liable for a civil penalty of not less than $100,000
and not more than $1,000,000.
(2) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class II
carriers, as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, shall be liable for a civil penalty of not less
than $25,000 and not more than $250,000.
(3) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class III
carriers, as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, shall be liable for a civil penalty of not less
than $10,000 and not more than $100,000.
SEC. 35455. ROUTE RISK ASSESSMENT.
(a) Route Risk Assessment Tools.--The Secretary, in
collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall
develop a route risk assessment tool for the use of short
line and regional railroad carriers that--
(1) addresses any known limitations of the Rail Corridor
Risk Management Safety software tool for short line and
regional railroad carriers; and
(2) allows for safety and security risk assessments to be
performed by short line and regional railroad carriers when
alternative routes are not available.
(b) Route Risk Assessment Audits.--The Secretary, in
collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall
conduct audits of short line and regional railroads to ensure
that proper route risk assessments that identify safety and
security vulnerabilities are being performed and are
incorporated into a safety management system program.
SEC. 35456. RAILROAD SAFETY RISK REDUCTION PROGRAM
AMENDMENTS.
(a) Safety Management Systems.--Section 20156(d)(1) 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) the use of safety management systems and their
associated key principles, including top-down ownership and
policies, analysis of operational incidents and accidents,
and continuous evaluation and improvement programs.''.
(b) Sense of Congress.--It is the sense of Congress that,
under the Railroad Safety Risk Reduction Program under
section 20156 of title 49, United States Code, the Secretary
of Transportation should include within the definition of ``a
railroad carrier that has an inadequate safety performance''
any railroad carrier that is at fault for an incident,
accident, or emergency involving hazardous materials that has
led to a fatality or personal injury, an evacuation, or
environmental damage within the last 5 years.
SEC. 35457. FIRST RESPONDER RIGHT-TO-KNOW.
(a) Real-Time Emergency Response Notification.--Not later
than 1 year after the date of the enactment of this Act, the
Secretary shall prescribe regulations that--
(1) require a railroad carrier transporting a hazardous
material--
(A) to have the capability to generate, maintain, retrieve,
and promptly deliver accurate and real-time consists that
include the identity and location of the hazardous material
on the train; and
(B) to provide such information promptly to first
responders, emergency response officials, and law enforcement
personnel in the event of an incident, accident, or
emergency, or as required by such entities to protect public
health and community safety; and
(2) prohibit a railroad carrier, employee, or agent from
withholding, or a railroad carrier from instructing its
employees or agents to withhold, a train consist or a real-
time train consist from first responders, emergency response
officials, and law enforcement personnel in the event of an
incident, accident, or emergency involving the transportation
of hazardous materials by railroad that threatens public
health or safety.
(b) Emergency Response Standardization.--The Secretary, in
consultation with railroad carriers, shall ensure that
emergency response information carried by train crews
transporting hazardous materials is consistent with, and is
at least as protective as, the emergency response guidance
provided in the Emergency Response Guidebook issued by the
Department.
(c) Enforcement.--Any railroad carrier violating subsection
(a)(2) or a regulation prescribed pursuant to subsection
(a)(2) shall be liable to the Federal Government for a civil
penalty for each violation or each day the violation
continues, as follows:
(1) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class I carriers,
as determined by the Surface Transportation Board under
section 1201.1-1 of title 49, Code of Federal Regulations,
shall be liable for a civil penalty of not less than $100,000
and not more than $1,000,000.
(2) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class II carriers
as determined by the Surface Transportation Board under
section 1201.1-1 of title 49, Code of Federal Regulations,
shall be liable for a civil penalty of not less than $25,000
and not more than $250,000.
(3) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class III
carriers as determined by the Surface Transportation Board
under section 1201.1-1 of title 49, Code of Federal
Regulations, shall be liable for a civil penalty of not less
than $10,000 and not more than $100,000.
SEC. 35458. PUBLIC EDUCATION.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall prescribe regulations requiring
railroad carriers transporting hazardous materials to
develop, implement, and periodically evaluate a public
education program for the communities along railroad
hazardous materials routes, which may include--
(1) procedures for reporting the release of a hazardous
material;
(2) physical indications of a release of a hazardous
material, including a focus on hazardous materials that are
most commonly transported in or near a given community;
(3) methods of communication that will be used to alert the
community in the event of a railroad incident, accident, or
emergency involving a hazardous material;
(4) steps that should be taken by community residents to
ensure public health and safety in the event of a hazardous
material release; and
(5) a discussion of possible public health and safety
concerns associated with an unintended release of a hazardous
material, including a focus on hazardous materials that are
most commonly transported in or near a given community.
SEC. 35459. INFLATION ADJUSTMENTS.
The Secretary shall issue a statement of agency policy
adjusting the penalty schedules for violations outlined in
this part as necessary to account for inflation, each time
the Secretary is required by law to review the minimum and
maximum civil monetary penalty for inflation under the
Federal Civil Penalties Inflation Adjustment Act of 1990
(Public Law 101-410; 28 U.S.C. 2461 note). The Secretary may
subject the statement of agency policy to notice and comment,
as the Secretary considers appropriate.
______
SA 2492. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
On page 285, between lines 3 and 4, insert the following:
(c) State of Good Repair Eligibility for New Starts.--
Section 5309(a) of title 49, United States Code, as amended
by subsection (a), is amended in paragraph (2) by striking
the second sentence and inserting the following: ``The term
may include project elements designed to aid the existing
fixed guideway system in making substantial progress toward
achieving a state of good repair.''.
______
SA 2493. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
On page 334, strike lines 6 through 21 and insert the
following:
``(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 sections
21007(b) and 21021 of the Federal Public Transportation Act
of 2015--
``(A) $9,214,747,400 for fiscal year 2016;
``(B) $9,410,039,349 for fiscal year 2017;
``(C) $9,715,745,744 for fiscal year 2018;
``(D) $10,131,051,238 for fiscal year 2019;
``(E) $10,381,763,806 for fiscal year 2020; and
``(F) $10,639,442,553 for fiscal year 2021.
On page 335, line 5, strike ``$10,000,000'' and insert
``$20,000,000''.
On page 339, line 2, strike ``and''.
On page 339, strike line 5 and insert the following:
out section 5322(b); and
``(Q) $20,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 21021 of the
Federal Public Transportation Act of 2015.
On page 358, between lines 7 and 8, insert the following:
[[Page S5877]]
SEC. 21021. PILOT PROGRAM FOR VALUE CAPTURE.
The Secretary shall establish and implement a pilot program
to demonstrate whether transit agencies can use value capture
as a tool to promote transit-oriented or sustainable
development and as a flexible source of revenue.
______
SA 2494. Mr. MENENDEZ (for himself, and Mr. Booker, and Mr. Brown)
submitted an amendment intended to be proposed to amendment SA 2266
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal
Revenue Code of 1986 to exempt employees with health care 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;
which was ordered to lie on the table; as follows:
On page 339, strike lines 19 through 21 and insert the
following:
``(e) Emergency Relief Program.--There shall be available
from the Mass Transit Account of the Highway Trust Fund to
carry out section 5324, $25,000,000 for each of fiscal years
2016 through 2021.
______
SA 2495. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
On page 334, strike lines 14 through 21 and insert the
following:
``(A) $11,582,715,170 for fiscal year 2016;
``(B) $11,776,421,893 for fiscal year 2017;
``(C) $12,714,493,869 for fiscal year 2018;
``(D) $14,185,318,182 for fiscal year 2019;
``(E) $14,535,815,066 for fiscal year 2020; and
``(F) $14,899,779,981 for fiscal year 2021.
Beginning on page 335, strike line 9 and all that follows
through page 336, line 2, and insert the following:
``(C) $6,366,060,470 for fiscal year 2016, $6,465,042,500
for fiscal year 2017, $7,090,591,095 for fiscal year 2018,
$8,086,207,640 for fiscal year 2019, $8,289,967,945 for
fiscal year 2020, and $8,499,970,360 for fiscal year 2021
shall be allocated in accordance with section 5336 to provide
financial assistance for urbanized areas under section 5307;
``(D) $368,800,740 for fiscal year 2016, $374,535,000 for
fiscal year 2017, $410,774,490 for fiscal year 2018,
$468,452,880 for fiscal year 2019, $480,257,190 for fiscal
year 2020, and $492,423,120 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;
On page 336, strike lines 8 through 16 and insert the
following:
``(F) $867,816,840 for fiscal year 2016, $881,310,000 for
fiscal year 2017, $966,584,340 for fiscal year 2018,
$1,102,306,080 for fiscal year 2019, $1,130,082,540 for
fiscal year 2020, and $1,158,709,920 for fiscal year 2021
shall be available to provide financial assistance for rural
areas under section 5311, of which not less than--
Beginning on page 338, strike line 18 and all that follows
through page 339, line 2, and insert the following:
``(O) $750,880,020 for fiscal year 2016, $762,555,000 for
fiscal year 2017, $836,338,770 for fiscal year 2018,
$956,769,870 for fiscal year 2019, $977,805,870 for fiscal
year 2020, and $1,002,575,760 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
______
SA 2496. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
care 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; which was ordered to lie on the table; as follows:
On page 334, strike lines 14 through 21 and insert the
following:
``(A) $9,848,876,920 for fiscal year 2016;
``(B) $10,040,853,688 for fiscal year 2017;
``(C) $10,596,296,753 for fiscal year 2018;
``(D) $11,436,615,554 for fiscal year 2019;
``(E) $11,723,436,139 for fiscal year 2020; and
``(F) $12,018,508,186 for fiscal year 2021.
On page 337, strike lines 19 through 25 and insert the
following:
``(L) $3,092,472,020 for fiscal year 2016, $3,140,555,000
for fiscal year 2017, $3,444,430,770 for fiscal year 2018,
$3,928,076,240 for fiscal year 2019, $4,027,057,870 for
fiscal year 2020, and $4,129,071,760 for fiscal year 2021
shall be available to carry out section 5337;
______
SA 2497. Mr. CASEY (for himself and Ms. Cantwell) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the bill H.R. 22, to amend the Internal Revenue Code of
1986 to exempt employees with health care 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; which was ordered to
lie on the table; as follows:
Strike part IV of subtitle D of title XXXV and insert the
following:
PART IV--POSITIVE TRAIN CONTROL
SEC. 35441. POSITIVE TRAIN CONTROL GRANT PROGRAM.
Section 20157 is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Grant Program.--
``(1) Establishment.--The Secretary of Transportation, in
consultation with the Administrator of the Federal Railroad
Administration, shall establish a grant program through which
passenger railroad carriers are awarded grants to implement a
positive train control system in accordance with the plan
submitted pursuant to subsection (a).
``(2) Transfer of funds.--There shall be available from the
general fund of the Treasury $500,000,000 for the 6-year
period beginning on the first day of fiscal year 2016 to
carry out the grant program established under this
section.''.
______
SA 2498. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 791, between lines 16 and 17, insert the following:
SEC. 35440. EMERGENCY RESPONSE RESOURCE INVENTORY AND GAP
ANALYSIS.
(a) In General.--To facilitate the rapid deployment of
resources needed to reduce damage to life, property, and the
environment resulting from accidents involving tank cars
transporting crude oil and other flammable liquids, the
Secretary shall collaborate with rail carriers to develop an
inventory of emergency response resources available along
routes over which a high volume of high-hazard trains
operate.
(b) Contents.--The inventory developed under subsection (a)
shall include a description of--
(1) the type and quantity of private emergency response
resources, including equipment and fire suppression agents
needed to respond to a fire or explosion;
(2) locations of the emergency response equipment; and
(3) the availability of trained emergency response
personnel.
(c) Gap Analysis.--Upon completing the inventory under
subsection (a), the Secretary shall--
(1) conduct a gap analysis identifying the additional
emergency response needs of the communities along routes over
which a large volume of high-hazard trains operate; and
(2) develop a plan to close the gap identified pursuant to
paragraph (1).
______
SA 2499. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 337, line 10, strike ``$3,000,000'' and insert
``$4,000,000''.
______
SA 2500. Mr. UDALL (for himself and Mr. Franken) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
[[Page S5878]]
Beginning on page 14, strike line 19 and all that follows
through page 15, line 4 and insert the following:
(i) $520,000,000 for fiscal year 2016;
(ii) $540,000,000 for fiscal year 2017;
(iii) $550,000,000 for fiscal year 2018;
(iv) $570,000,000 for fiscal year 2019;
(v) $580,000,000 for fiscal year 2020; and
(vi) $600,000,000 for fiscal year 2021.
______
SA 2501. Mr. UDALL submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 401, between lines 10 and 11, insert the following:
SEC. 31209. STUDY ON SAFETY IMPACT IN AREAS OF HIGH ENERGY
GROWTH.
As soon as practicable after the date of enactment of this
Act, the Secretary, in collaboration with the Secretary of
Energy, shall--
(1) conduct a study of the safety impact of increased heavy
traffic in areas of high energy growth; and
(2) submit to Congress a report that--
(A) describes the actions that the Department and the
Department of Energy have taken to improve safety outcomes in
the areas studied; and
(B) provides recommendations with respect to the areas
studied.
______
SA 2502. Mr. UDALL submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 609, line 21, add at the end the following:
``Amtrak may set aside up to $2,000,000 of the amounts
deposited in the long-distance account for infrastructure
upgrades on long-distance trains.''.
______
SA 2503. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 17, strike lines 5 through 10 and insert the
following:
(A) $750,000,000 for fiscal year 2016;
(B) $800,000,000 for fiscal year 2017;
(C) $850,000,000 for fiscal year 2018;
(D) $900,000,000 for fiscal year 2019;
(E) $900,000,000, for fiscal year 2020; and
(F) $900,000,000 for for fiscal year 2021.
Beginning on page 899, strike line 23 and all that follows
through page 900, line 2, and insert the following:
``(f) Funding.--
``(1) In general.--On October 1, 2017, and on each October
1 thereafter through October 1, 2022, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $400,000,000, to remain available until expended.
On page 943, between lines 6 and 7 insert the following:
SEC. 52109. FAIR PLAYING FIELD ACT.
(a) Short Title.--This section may be cited as the ``Fair
Playing Field Act of 2015''.
(b) Findings.--Congress makes the following findings:
(1) In 1978, Congress was concerned that lack of clarity as
to the proper classification of some workers, increased IRS
enforcement activity, and retroactive application by IRS of
interpretations that were arguably new had caused hardships
for some small businesses and other taxpayers and confusion
as to the applicable rules.
(2) To allow time to develop a comprehensive approach to
the problem, Congress enacted section 530 of the Revenue Act
of 1978 as an interim measure protecting taxpayers from
liability for misclassification if the taxpayer has a
reasonable basis for classifying a worker as an independent
contractor and meets certain other conditions. In addition,
the Act prohibited the Secretary of the Treasury from
publishing regulations or revenue rulings on workers'
employment tax status pending the expected near-term
enactment of clarifying legislation.
(3) During the ensuing 33 years, Congress made section 530
of the Revenue Act of 1978 permanent; however, changes in
working relationships and the continued prohibition on new
guidance have increased the uncertainty as to the proper
classification of workers.
(4) Many workers are properly classified as independent
contractors. In other instances, workers who are employees
are being treated as independent contractors. Such
misclassification for tax purposes contributes to inequities
in the competitive positions of businesses and to the Federal
and State tax gap, and may also result in misclassification
for other purposes, such as denial of unemployment benefits,
workplace health and safety protections, and retirement or
other benefits or protections available to employees.
(5) Workers, businesses, and other taxpayers will benefit
from clear guidance regarding employment tax status. In the
interest of fairness and in view of many service recipients'
reliance on current section 530, such guidance should apply
only prospectively.
(c) Purposes.--The purposes of this section are to permit
the Secretary of the Treasury to provide guidance allowing
workers and businesses to clearly understand the proper
Federal tax classification of workers and to provide relief
allowing an orderly transition to new rules designed to
increase certainty and uniformity of treatment.
(d) Authority to Issue Guidance Clarifying Employment
Status for Purposes of Employment Taxes.--Chapter 25 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 3512. AUTHORITY TO ISSUE GUIDANCE CLARIFYING
EMPLOYMENT STATUS.
``(a) In General.--The Secretary shall issue such
regulations or other guidance as the Secretary determines to
be necessary or appropriate to clarify the proper employment
status of individuals for purposes of any tax imposed by this
subtitle.
``(b) Prohibition on Retroactive Assessments.--
``(1) In general.--Except as provided in paragraph (2),
if--
``(A) for purposes of any tax imposed by this subtitle, the
taxpayer did not treat an individual as an employee for any
period before the reclassification date with respect to such
individual, and
``(B) in the case of periods after December 31, 1978, and
before such reclassification date, all Federal tax returns
(including information returns) required to be filed by the
taxpayer with respect to such individual for such period are
filed on a basis consistent with the taxpayer's treatment of
such individual as not being an employee,
then, for purposes of applying such taxes for such period
before such reclassification date with respect to the
taxpayer, the individual shall be deemed not to be an
employee unless the taxpayer had no reasonable basis for not
treating such individual as an employee.
``(2) Professional services.--
``(A) In general.--In the case of an individual who
performs professional services, if--
``(i) for purposes of any tax imposed by this subtitle, the
taxpayer did not treat the individual as an employee for any
period, and
``(ii) in the case of periods after December 31, 1978, all
Federal tax returns (including information returns) required
to be filed by the taxpayer with respect to such individual
for such period are filed on a basis consistent with the
taxpayer's treatment of such individual as not being an
employee,
then, for purposes of applying such taxes for such period
with respect to the taxpayer, the individual shall be deemed
not be an employee unless the taxpayer had no reasonable
basis for not treating such individual as an employee. For
purposes of this subparagraph, professional services means
services performed in the fields of health, law, engineering,
architecture, accounting, actuarial science, consulting, or
financial services.
``(B) Application to full-time life insurance salesmen.--
For purposes of this subtitle (with the exception of chapter
21), an individual shall not excluded from the application of
subparagraph (A) due solely to treatment of such individual
by the taxpayer as an employee, including for purposes of tax
returns, to the extent required under section 3121(d)(3)(B).
``(3) Statutory standards providing one method of
satisfying the requirements of paragraphs (1) and (2).--For
purposes of paragraphs (1) and (2), a taxpayer shall in any
case be treated as having a reasonable basis for not treating
an individual as an employee for a period if the taxpayer's
treatment of such individual for such period was in
reasonable reliance on any of the following:
``(A) Judicial precedent, published rulings, technical
advice with respect to the taxpayer, or a letter ruling to
the taxpayer.
``(B) A past Internal Revenue Service audit of the taxpayer
in which there was no assessment attributable to the
treatment (for purposes of any tax imposed by this subtitle)
of the individuals holding positions substantially similar to
the position held by such individual.
``(C) Long-standing recognized practice of a significant
segment of the industry in which such individual was engaged.
``(4) Consistency required in the case of prior tax
treatment.--Paragraph (1) shall not apply with respect to the
treatment of any individual (hereafter in this paragraph
referred to as the reclassified individual) for purposes of
any tax imposed by this subtitle for any period ending after
December 31,
[[Page S5879]]
1978, if the taxpayer (or a predecessor) has treated any
individual holding a substantially similar position as an
employee for purposes of any tax imposed by this subtitle for
any period beginning after December 31, 1977, and ending
before the reclassification date with respect to such
reclassified individual.
``(c) Definitions.--For purposes of this section--
``(1) Reclassification date.--
``(A) In general.--The term `reclassification date' means,
with respect to any individual, the earlier of--
``(i) the first day of the first calendar quarter beginning
more than 180 days after the date of an employee
classification determination with respect to such individual,
or
``(ii) the effective date of the first applicable final
regulation issued by the Secretary under subsection (a) with
respect to such individual (or, if later, the first day of
the first calendar quarter beginning more than 180 days after
such regulation is issued).
``(B) Employee classification determination.--The term
`employee classification determination' means, with respect
to any individual, a determination by the Secretary, in
connection with an audit of the taxpayer which is described
in section 7436 and which commences after the date which is 1
year after the date of the enactment of this section, that a
class of individuals holding positions with such taxpayer
which are substantially similar to the position held by such
individual are employees.
``(C) First applicable final regulation.--The term `first
applicable final regulation' means, with respect to any
individual, the first final regulation (or other guidance of
general applicability) which sets forth the factors for
determining the employment status of a class of individuals
holding positions substantially similar to the position held
by such individual.
``(2) Employment status.--The term `employment status'
means the status of an individual, under the usual common law
rules applicable in determining the employer-employee
relationship, as an employee or as an independent contractor
(or other individual who is not an employee).
``(d) Continuation of Certain Special Rules.--
``(1) Exception for certain skilled workers.--Subsection
(b) shall not apply in the case of an individual who,
pursuant to an arrangement between the taxpayer and another
person, provides services for such other person as an
engineer, designer, drafter, computer programmer, systems
analyst, or other similarly skilled worker engaged in a
similar line of work.
``(2) Notice of availability of section.--An officer or
employee of the Internal Revenue Service shall, before or at
the commencement of any audit inquiry relating to the
employment status of one or more individuals who perform
services for the taxpayer, provide the taxpayer with a
written notice of the provisions of this section.
``(3) Rules relating to statutory standards.--For purposes
of subsection (b)(3)--
``(A) a taxpayer may not rely on an audit commenced after
December 31, 1996, for purposes of subparagraph (B) thereof
unless such audit included an examination for purposes of any
tax imposed by this subtitle whether the individual involved
(or any individual holding a position substantially similar
to the position held by the individual involved) should be
treated as an employee of the taxpayer,
``(B) in no event shall the significant segment requirement
of subparagraph (C) thereof be construed to require a
reasonable showing of the practice of more than 25 percent of
the industry (determined by not taking into account the
taxpayer), and
``(C) in applying the long-standing recognized practice
requirement of subparagraph (C) thereof--
``(i) such requirement shall not be construed as requiring
the practice to have continued for more than 10 years, and
``(ii) a practice shall not fail to be treated as long-
standing merely because such practice began after 1978.
``(4) Availability of safe harbors.--Nothing in this
section shall be construed to provide that subsection (b)
only applies where the individual involved is otherwise an
employee of the taxpayer.
``(5) Burden of proof.--
``(A) In general.--If--
``(i) a taxpayer establishes a prima facie case that it was
reasonable not to treat an individual as an employee for
purposes of subsection (b), and
``(ii) the taxpayer has fully cooperated with reasonable
requests from the Secretary,
then the burden of proof with respect to such treatment shall
be on the Secretary.
``(B) Exception for other reasonable basis.--In the case of
any issue involving whether the taxpayer had a reasonable
basis not to treat an individual as an employee for purposes
of subsection (b), subparagraph (A) shall only apply for
purposes of determining whether the taxpayer meets the
requirements of subparagraph (A), (B), or (C) of subsection
(b)(3).
``(6) Preservation of prior period safe harbor.--If--
``(A) an individual would (but for the treatment referred
to in subparagraph (B)) be deemed not to be an employee of
the taxpayer under subsection (b) for any prior period, and
``(B) such individual is treated by the taxpayer as an
employee for purposes of the taxes imposed by this subtitle
for any subsequent period,
then, for purposes of applying such taxes for such prior
period with respect to the taxpayer, the individual shall be
deemed not to be an employee.
``(7) Substantially similar position.--For purposes of
subsection (b) and this subsection, the determination as to
whether an individual holds a position substantially similar
to a position held by another individual shall include
consideration of the relationship between the taxpayer and
such individuals.
``(8) Treatment of test room supervisors and proctors who
assist in the administration of college entrance and
placement exams.--
``(A) In general.--In the case of an individual described
in subparagraph (B) who is providing services as a test
proctor or room supervisor by assisting in the administration
of college entrance or placement examinations, subsection (b)
shall be applied to such services performed after December
31, 2006 (and remuneration paid for such services) without
regard to paragraph (4) thereof.
``(B) Applicability.--An individual is described in this
subparagraph if the individual--
``(i) is providing the services described in subsection (b)
to an organization described in section 501(c) and exempt
from tax under section 501(a), and
``(ii) is not otherwise treated as an employee of such
organization for purposes of this subtitle.
``(9) Treatment of securities broker dealers.--In
determining for purposes of this title whether a registered
representative of a securities broker-dealer is an employee
(as defined in section 3121(d)), no weight shall be given to
instructions from the service recipient which are imposed
only in compliance with investor protection standards imposed
by the Federal Government, any State government, or a
governing body pursuant to a delegation by a Federal or State
agency.
``(e) Statements to Independent Contractors.--
``(1) In general.--Each person who contracts for the
services of an independent contractor on a regular and
ongoing basis, within the scope of such person's trade or
business, shall provide a written statement to such
independent contractor notifying such independent contractor
of the Federal tax obligations of an independent contractor,
the labor and employment law protections that do not apply to
independent contractors, and the right of such independent
contractor to seek a status determination from the Internal
Revenue Service.
``(2) Independent contractor.--For purposes of this
subsection, the term `independent contractor' means any
individual who is not treated as an employee by the person
receiving the services referred to in paragraph (1).
``(3) Timing of statement.--Except as otherwise provided by
the Secretary, the statement required under paragraph (1)
shall be provided within a reasonable period before or after
entering into the arrangement for services referred to in
paragraph (1).
``(4) Development of model statement.--The Secretary shall
develop model materials for providing the statement required
under paragraph (1).''.
(e) Reduced Penalty Not Applicable in Cases of
Noncompliance With Guidance Without Reasonable Basis.--
Subsection (c) of section 3509 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``if such liability'' and inserting ``if--
``(1) such liability'', and
(2) by striking the period at the end and inserting ``, or
``(2) such liability relates to an individual who is
treated as an employee under regulations or other guidance
issued by the Secretary under section 3512(a) and the
taxpayer lacks a reasonable basis for treating the individual
as other than an employee.
In the case of a taxpayer which has received a final written
determination from the Internal Revenue Service holding that
the individual referred to in paragraph (2) (or another
individual who holds a position with the taxpayer
substantially similar to the position held by such
individual) is an employee, such taxpayer shall be treated
for purposes of paragraph (2) as lacking a reasonable basis
for treating such individual as other than an employee with
respect to periods beginning on and after the first day of
the first calendar quarter beginning more than 180 days after
the date of such written determination unless the taxpayer
establishes by clear and convincing evidence that the
taxpayer has a reasonable basis for such treatment.''.
(f) Conforming Amendments.--
(1) Paragraph (2) of section 6724(d) of the Internal
Revenue Code of 1986 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 inserting
after subparagraph (HH) the following new subparagraph:
``(II) section 3512(e) (relating to statements to
independent contractors).''.
(2) Paragraph (2) of section 7436(a) of such Code is
amended by striking ``subsection (a) of section 530 of the
Revenue Act of 1978'' and inserting ``section 3512(b)''.
(3) The table of sections for chapter 25 of such Code is
amended by adding at the end the following new item:
[[Page S5880]]
``Sec. 3512. Authority to issue guidance clarifying employment
status.''.
(g) Termination of Section 530 of the Revenue Act of
1978.--The Revenue Act of 1978 is amended by striking section
530.
(h) Reports on Worker Misclassification.--Beginning with
the first fiscal year beginning after the date the first
regulation or other guidance is issued for public comment
under section 3512(a) of the Internal Revenue Code of 1986
(as added by this section), the Commissioner of the Internal
Revenue Service shall issue the following reports:
(1) A report each fiscal year on worker classification
which shall include the total number of examinations of
employers initiated because of suspected worker
classification issues, the total number of examinations that
included determinations on worker classification issues, the
amount of additional tax liabilities associated with worker
classification enforcement actions, the number of workers
reclassified as a result of these actions, the number of
requests for Determination of Worker Status (Form SS-8), and
technical guidance on how to understand the data provided in
the report.
(2) A report each fiscal year in which new statistically
valid data is compiled and interpreted on worker
classification, prepared on the basis of information gathered
during an Employment Tax Study conducted by the National
Research Program (NRP) of the Internal Revenue Service. Such
report shall provide statistical estimates of the number of
employers misclassifying workers, the number of workers
misclassified, the industries involved, data interpretations
and conclusions, and a description of the impact of improper
worker classification on the employment tax gap.
(i) Termination of Section 921 of the Taxpayer Relief Act
of 1997.--The Taxpayer Relief Act of 1997 is amended by
striking section 921.
(j) Effective Dates.--
(1) Delayed effective date of regulations and guidance.--
Any regulation or other guidance issued under section 3512(a)
of the Internal Revenue Code of 1986, as added by this
section, shall not apply to services rendered before the date
which is 1 year after the date of the enactment of this Act.
(2) Authority to issue regulations and guidance
immediately.--So much of the amendment made by subsection (g)
as relates to subsection (b) of section 530 of the Revenue
Act of 1978 shall take effect on the date of the enactment of
this Act.
(3) Delayed termination of remainder of section 530 of the
revenue act of 1978.--Except as provided in paragraph (2),
the amendment made by subsection (g) shall apply to services
rendered on or after the date which is 1 year after the date
of the enactment of this Act.
(4) Statements to independent contractors.--Subsection (e)
of section 3512 of the Internal Revenue Code of 1986, as
added by this section, and the amendments made by subsection
(f)(1) of this section shall apply to arrangements for
services entered into after December 31, 2015.
(5) Application of reduced penalty.--The amendments made by
subsection (e) shall apply to any calendar year beginning
after the date of the enactment of this Act.
______
SA 2504. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 406, after the undesignated matter following line
24, add the following:
SEC. 31304. FIRE-RETARDANT MATERIALS EXEMPTION.
Section 3503 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``2008, this section''
and inserting ``2028, this subsection''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by striking
``of this section'' and inserting ``under subsection (a)'';
(B) in subparagraph (A), by inserting ``and crew'' after
``prospective passengers'';
(C) in subparagraph (B), by inserting ``or crew member''
after ``passenger'';
(D) in subparagraph (C), by striking ``and'' at the end;
and
(E) by striking subparagraph (D) and inserting the
following:
``(D) the owner or managing operator of the vessel shall--
``(i) make annual structural alterations to not less than
10 percent of the areas of the vessel that are not
constructed of fire-retardant materials;
``(ii) provide advance notice to the Coast Guard regarding
the alterations made pursuant to clause (i); and
``(iii) comply with any noncombustible material
requirements prescribed by the Coast Guard; and
``(E) the requirements referred to in subparagraph (D)(iii)
shall, to the extent practicable, be consistent with the
preservation of the historic integrity of the vessel in areas
carrying or accessible to passengers or generally visible to
the public.''.
______
SA 2505. Mr. McCONNELL submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
Beginning on page 901, strike line 15 and all that follows
through page 949, line 5, and insert the following:
DIVISION E--FINANCE
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Transportation Funding
Act of 2015''.
TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
SEC. 51101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986, as amended by division G, is amended--
(1) by striking ``October 1, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2021'', and
(2) by striking ``Surface Transportation Extension Act of
2015'' in subsections (c)(1) and (e)(3) and inserting ``DRIVE
Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986, as amended by
division G is amended--
(1) by striking ``Surface Transportation Extension Act of
2015'' each place it appears in subsection (b)(2) and
inserting ``DRIVE Act'', and
(2) by striking ``October 1, 2015'' in subsection (d)(2)
and inserting ``October 1, 2021''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986,
as amended by division G, is amended by striking ``October 1,
2015'' and inserting ``October 1, 2021''.
(d) Effective Date.--The amendments made by this section
shall take effect on August 1, 2015.
SEC. 51102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2016'' and inserting ``September 30, 2023'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``October 1, 2016'' and inserting
``October 1, 2023'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy
Vehicles.--Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``2017'' each
place it appears and inserting ``2024'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2016'' each place it appears
and inserting ``October 1, 2023'',
(2) by striking ``March 31, 2017'' each place it appears
and inserting ``March 31, 2024'', and
(3) by striking ``January 1, 2017'' and inserting ``January
1, 2024''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2016'' and inserting
``October 1, 2023''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2017'' and inserting ``October 1, 2024''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2016'' each place it appears
in paragraphs (1) and (2) and inserting ``October 1, 2023'',
(ii) by striking ``October 1, 2016'' in the heading of
paragraph (2) and inserting ``October 1, 2023'',
(iii) by striking ``September 30, 2016'' in paragraph (2)
and inserting ``September 30, 2023'', and
(iv) by striking ``July 1, 2017'' in paragraph (2) and
inserting ``July 1, 2024'', and
(B) in subsection (c)(2), by striking ``July 1, 2017'' and
inserting ``July 1, 2024''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section
9503(c) of such Code are each amended by striking ``October
1, 2016'' and inserting ``October 1, 2023''.
(B) Conforming amendments to land and water conservation
fund.--Section 200310 of title 54, United States Code, is
amended--
[[Page S5881]]
(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) $33,159,000,000 to the Highway Account (as defined in
subsection (e)(5)(B)) in the Highway Trust Fund; and
``(B) $10,556,000,000 to the Mass Transit Account in the
Highway Trust Fund.
``(8) Additional increase in fund balance.--There is hereby
transferred to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(4).''.
SEC. 51202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR
VEHICLE SAFETY PENALTIES.
(a) In General.--Paragraph (5) of section 9503(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``There are hereby'' and inserting the
following:
``(A) In general.--There are hereby'', and
(2) by adding at the end the following new paragraph:
``(B) Penalties related to motor vehicle safety.--
``(i) In general.--There are hereby appropriated to the
Highway Trust Fund amounts equivalent to covered motor
vehicle safety penalty collections.
``(ii) Covered motor vehicle safety penalty collections.--
For purposes of this subparagraph, the term `covered motor
vehicle safety penalty collections' means any amount
collected in connection with a civil penalty under section
30165 of title 49, United States Code, reduced by any award
authorized by the Secretary of Transportation to be paid to
any person in connection with information provided by such
person related to a violation of chapter 301 of such title
which is a predicate to such civil penalty.''.
(b) Effective Date.--The amendments made by this section
shall apply to amounts collected after the date of the
enactment of this Act.
SEC. 51203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE
TANK TRUST FUND.
(a) In General.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(4) Additional transfer to highway trust fund.--Out of
amounts in the Leaking Underground Storage Tank Trust Fund
there is hereby appropriated--
``(A) on the date of the enactment of the DRIVE Act,
$100,000,000,
``(B) on October 1, 2016, $100,000,000, and
``(C) on October 1, 2017, $100,000,000,
to be transferred under section 9503(f)(8) to the Highway
Account (as defined in section 9503(e)(5)(B)) in the Highway
Trust Fund.''.
(b) Conforming Amendment.--Section 9508(c)(1) of the
Internal Revenue Code of 1986 is amended by striking
``paragraphs (2) and (3)'' and inserting ``paragraphs (2),
(3), and (4)''.
TITLE LII--OFFSETS
Subtitle A--Tax Provisions
SEC. 52101. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND
PERSON ACQUIRING PROPERTY FROM DECEDENT.
(a) Property Acquired From a Decedent.--
(1) In general.--Section 1014 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Basis Must Be Consistent With Estate Tax Value.--
``(1) In general.--The basis under subsection (a) of any
property shall not exceed--
``(A) in the case of property the value of which has been
finally determined for purposes of the tax imposed by chapter
11 on the estate of such decedent, such value, and
``(B) in the case of property not described in subparagraph
(A) and with respect to which a statement has been furnished
under section 6035(a) identifying the value of such property,
such value.
``(2) Determination.--For purposes of paragraph (1), the
value of property has been finally determined for purposes of
the tax imposed by chapter 11 if--
``(A) the value of such property is shown on a return under
section 6018 and such value is not contested by the Secretary
before the expiration of the time for assessing a tax under
chapter 11,
``(B) in a case not described in subparagraph (A), the
value is specified by the Secretary and such value is not
timely contested by the executor of the estate, or
``(C) the value is determined by a court or pursuant to a
settlement agreement with the Secretary.
``(3) Regulations.--The Secretary may by regulations
provide exceptions to the application of this subsection.''.
(2) Effective date.--The amendments made by this subsection
shall apply to property with respect to which an estate tax
return is filed after the date of the enactment of this Act.
(b) Information Reporting.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6034A the following new section:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.
``(a) Information With Respect to Property Acquired From
Decedents.--
``(1) In general.--The executor of any estate required to
file a return under section 6018(a) shall furnish to the
Secretary and to each person acquiring any interest in
property included in the decedent's gross estate for Federal
estate tax purposes a statement identifying the value of each
interest in such property as reported on such return and such
other information with respect to such interest as the
Secretary may prescribe.
``(2) Statements by beneficiaries.--Each person required to
file a return under section 6018(b) shall furnish to the
Secretary and to each other person who holds a legal or
beneficial interest in the property to which such return
relates a statement identifying the information described in
paragraph (1).
``(3) Time for furnishing statement.--
``(A) In general.--Each statement required to be furnished
under paragraph (1) or (2) shall be furnished at such time as
the Secretary may prescribe, but in no case at a time later
than the earlier of--
``(i) the date which is 30 days after the date on which the
return under section 6018 was required to be filed (including
extensions, if any), or
``(ii) the date which is 30 days after the date such return
is filed.
``(B) Adjustments.--In any case in which there is an
adjustment to the information required to be included on a
statement filed under paragraph (1) or (2) after such
statement has been filed, a supplemental statement under such
paragraph shall be filed not later than the date which is 30
days after such adjustment is made.
``(b) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out this section, including
regulations relating to--
``(1) the extension of this section to property of estates
not required to file an estate tax return, and
``(2) situations in which the surviving joint tenant or
other recipient may have better information than the executor
regarding the basis or fair market value of the property.''.
(2) Penalty for failure to file.--
(A) Return.--Section 6724(d)(1) of such Code is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) any statement required to be filed with the Secretary
under section 6035.''.
(B) Statement.--Section 6724(d)(2) of such Code is amended
by striking ``or'' at the end of subparagraph (GG), by
striking the period at the end of subparagraph (HH) and
inserting ``, or'', and by adding at the end the following
new subparagraph:
``(II) section 6035 (other than a statement described in
paragraph (1)(D)).''.
(3) Clerical amendment.--The table of sections for subpart
A of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6034A
the following new item:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Penalty for Inconsistent Reporting.--
(1) In general.--Subsection (b) of section 6662 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (7) the following new paragraph:
``(8) Any inconsistent estate basis.''.
(2) Inconsistent basis reporting.--Section 6662 of such
Code is amended by adding at the end the following new
subsection:
``(k) Inconsistent Estate Basis Reporting.--For purposes of
this section, there is an `inconsistent estate basis' if the
basis of property (determined without regard to adjustments
to basis during the period the property was held by the
taxpayer) claimed on a return exceeds the basis as determined
under section 1014(f).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns filed after the date of the enactment
of this Act.
SEC. 52102. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section
52102(d) of the Transportation Funding Act of 2015.
[[Page S5882]]
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2016, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 52102(d) of the Transportation Funding Act of
2015.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Authority to Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State shall not issue a passport
to any individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in such subparagraph.
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for
any action with respect to a certification by the
Commissioner of Internal Revenue under section 7345 of the
Internal Revenue Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual
Without Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving an application for a passport from an
individual that either--
(i) does not include the social security account number
issued to that individual, or
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such application
and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(f) Effective Date.--The provisions of, and amendments made
by, this section shall take effect on January 1, 2016.
SEC. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN
CASE OF OVERSTATEMENT OF BASIS.
(a) In General.--Subparagraph (B) of section 6501(e)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) An understatement of gross income by reason of an
overstatement of unrecovered cost or other basis is an
omission from gross income; and'',
(2) by inserting ``(other than in the case of an
overstatement of unrecovered cost or other basis)'' in clause
(iii) (as so redesignated) after ``In determining the amount
omitted from gross income'', and
(3) by inserting ``amount omitted from'' after
``Determination of'' in the heading thereof.
(b) Effective Date.--The amendments made by this section
shall apply to--
(1) returns filed after the date of the enactment of this
Act, and
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of
1986 (determined without regard to such amendments) for
assessment of the taxes with respect to which such return
relates has not expired as of such date.
SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RELATING TO
MORTGAGE INTEREST.
(a) In General.--Paragraph (2) of section 6050H(b) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (C), by redesignating subparagraph
(D) as subparagraph (G), and by inserting after subparagraph
(C) the following new subparagraphs:
``(D) the amount of outstanding principal on the mortgage
as of the beginning of such calendar year,
``(E) the address of the property securing such mortgage,
``(F) the date of the origination of such mortgage, and''.
(b) Payee Statements.--Subsection (d) of section 6050H of
the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by
inserting after paragraph (2) the following new paragraph:
``(3) the information required to be included on the return
under subparagraphs (D), (E), and (F) of subsection
(b)(2).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns and statements the due date for which
(determined without regard to extensions) is after December
31, 2016.
SEC. 52105. RETURN DUE DATE MODIFICATIONS.
(a) New Due Date for Partnership Form 1065, S Corporation
Form 1120S, and C Corporation Form 1120.--
(1) Partnerships.--
(A) In general.--Section 6072 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Returns of Partnerships.--Returns of partnerships
under section 6031 made on the basis of the calendar year
shall be filed on or before the 15th day of March following
the close of the calendar year, and such returns made on the
basis of a fiscal year shall be filed on or before the 15th
day of the third month following the close of the fiscal
year.''.
(B) Conforming amendment.--Section 6072(a) of such Code is
amended by striking ``6017, or 6031'' and inserting ``or
6017''.
(2) S corporations.--
(A) In general.--So much of subsection (b) of section 6072
of the Internal Revenue Code of 1986 as precedes the second
sentence thereof is amended to read as follows:
``(b) Returns of Certain Corporations.--Returns of S
corporations under sections 6012 and 6037 made on the basis
of the calendar year shall be filed on or before the 31st day
of March following the close of the calendar year, and such
returns made on the basis of a fiscal year shall be filed on
or before the last day of the third month following the close
of the fiscal year.''.
(B) Conforming amendments.--
(i) Section 1362(b) of such Code is amended--
(I) by striking ``15th'' each place it appears and
inserting ``last'',
(II) by striking ``2\1/2\'' each place it appears in the
headings and the text and inserting ``3'', and
(III) by striking ``2 months and 15 days'' in paragraph (4)
and inserting ``3 months''.
(ii) Section 1362(d)(1)(C)(i) of such Code is amended by
striking ``15th'' and inserting ``last''.
(iii) Section 1362(d)(1)(C)(ii) of such Code is amended by
striking ``such 15th day'' and inserting ``the last day of
the 3d month thereof''.
(3) Conforming amendments relating to c corporations.--
[[Page S5883]]
(A) Section 170(a)(2)(B) of such Code is amended by
striking ``third month'' and inserting ``4th month''.
(B) Section 563 of such Code is amended by striking ``third
month'' each place it appears and inserting ``4th month''.
(C) Section 1354(d)(1)(B)(i) of such Code is amended by
striking ``3d month'' and inserting ``4th month''.
(D) Subsection (a) and (c) of section 6167 of such Code are
each amended by striking ``third month'' and inserting ``4th
month''.
(E) Section 6425(a)(1) of such Code is amended by striking
``third month'' and inserting ``4th month''.
(F) Section 6655 of such Code is amended--
(i) by striking ``3rd month'' each place it appears in
subsections (b)(2)(A), (g)(3), and (h)(1) and inserting ``4th
month'', and
(ii) in subsection (g)(4), by redesignating subparagraph
(E) as subparagraph (F) and by inserting after subparagraph
(D) the following new subparagraph:
``(E) Subsection (b)(2)(A) shall be applied by substituting
`the last day of the 3rd month' for `the 15th day of the 4th
month'.''.
(4) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, the amendments made by this subsection shall apply
to returns for taxable years beginning after December 31,
2015.
(B) Conforming amendments relating to s corporations.--The
amendments made by paragraph (2)(B) shall apply with respect
to elections for taxable years beginning after December 31,
2015.
(C) Conforming amendments relating to c corporations.--The
amendments made by paragraph (3) shall apply to taxable years
beginning after December 31, 2015.
(5) Special rule for certain c corporation in 2025.--In the
case of a taxable year of a C Corporation ending on June 30,
2025, section 6072(a) of the Internal Revenue Code of 1986
shall be applied by substituting ``third month'' for ``fourth
month''.
(b) Modification of Due Dates by Regulation.--In the case
of returns for any taxable period beginning after December
31, 2015, the Secretary of the Treasury or the Secretary's
delegate shall modify appropriate regulations to provide as
follows:
(1) The maximum extension for the returns of partnerships
filing Form 1065 shall be a 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(2) The maximum extension for the returns of trusts and
estates filing Form 1041 shall be a 5\1/2\-month period
beginning on the due date for filing the return (without
regard to any extensions).
(3) The maximum extension for the returns of employee
benefit plans filing Form 5500 shall be an automatic 3\1/2\-
month period beginning on the due date for filing the return
(without regard to any extensions).
(4) The maximum extension for the Forms 990 (series)
returns of organizations exempt from income tax shall be an
automatic 6-month period beginning on the due date for filing
the return (without regard to any extensions).
(5) The maximum extension for the returns of organizations
exempt from income tax that are required to file Form 4720
returns of excise taxes shall be an automatic 6-month period
beginning on the due date for filing the return (without
regard to any extensions).
(6) The maximum extension for the returns of trusts
required to file Form 5227 shall be an automatic 6-month
period beginning on the due date for filing the return
(without regard to any extensions).
(7) The maximum extension for filing Form 6069, Return of
Excise Tax on Excess Contributions to Black Lung Benefit
Trust Under Section 4953 and Computation of Section 192
Deduction, shall be an automatic 6-month period beginning on
the due date for filing the return (without regard to any
extensions).
(8) The maximum extension for a taxpayer required to file
Form 8870 shall be an automatic 6-month period beginning on
the due date for filing the return (without regard to any
extensions).
(9) The due date of Form 3520-A, Annual Information Return
of a Foreign Trust with a United States Owner, shall be the
15th day of the 3rd month after the close of the trust's
taxable year, and the maximum extension shall be a 6-month
period beginning on such day.
(10) The due date of FinCEN Form 114 (relating to Report of
Foreign Bank and Financial Accounts) shall be April 15 with a
maximum extension for a 6-month period ending on October 15,
and with provision for an extension under rules similar to
the rules of 26 C.F.R. 1.6081-5. For any taxpayer required to
file such form for the first time, the Secretary of the
Treasury may waive any penalty for failure to timely request
or file an extension.
(11) Taxpayers filing Form 3520, Annual Return to Report
Transactions with Foreign Trusts and Receipt of Certain
Foreign Gifts, shall be allowed to extend the time for filing
such form separately from the income tax return of the
taxpayer, for an automatic 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(c) Corporations Permitted Statutory Automatic 6-month
Extension of Income Tax Returns.--
(1) In general.--Section 6081(b) of the Internal Revenue
Code of 1986 is amended by striking ``3 months'' and
inserting ``6 months''.
(2) Effective date.--The amendments made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2015.
(3) Special rule for certain c corporations in 2024.--In
the case of any taxable year of a C corporation ending on
December 31, 2024, subsections (a) and (b) of section 6081 of
the Internal Revenue Code of 1986 shall each be applied to
returns of income taxes under subtitle A by substituting ``5
months'' for ``6 months''.
SEC. 52106. REFORM OF RULES RELATING TO QUALIFIED TAX
COLLECTION CONTRACTS.
(a) Requirement to Collect Certain Inactive Tax Receivables
Under Qualified Tax Collection Contracts.--Section 6306 of
the Internal Revenue Code of 1986 is amended by redesignating
subsections (c) through (f) as subsections (d) through (g),
respectively, and by inserting after subsection (b) the
following new subsection:
``(c) Collection of Inactive Tax Receivables.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into one or more qualified tax
collection contracts for the collection of all outstanding
inactive tax receivables.
``(2) Inactive tax receivables.--For purposes of this
section--
``(A) In general.--The term `inactive tax receivable' means
any tax receivable if--
``(i) at any time after assessment, the Internal Revenue
Service removes such receivable from the active inventory for
lack of resources or inability to locate the taxpayer,
``(ii) more than \1/3\ of the period of the applicable
statute of limitation has lapsed and such receivable has not
been assigned for collection to any employee of the Internal
Revenue Service, or
``(iii) in the case of a receivable which has been assigned
for collection, more than 365 days have passed without
interaction with the taxpayer or a third party for purposes
of furthering the collection of such receivable.
``(B) Tax receivable.--The term `tax receivable' means any
outstanding assessment which the Internal Revenue Service
includes in potentially collectible inventory.''.
(b) Certain Tax Receivables Not Eligible for Collection
Under Qualified Tax Collection Contracts.--Section 6306 of
the Internal Revenue Code of 1986, as amended by subsection
(a), is amended by redesignating subsections (d) through (g)
as subsections (e) through (h), respectively, and by
inserting after subsection (c) the following new subsection:
``(d) Certain Tax Receivables Not Eligible for Collection
Under Qualified Tax Collections Contracts.--A tax receivable
shall not be eligible for collection pursuant to a qualified
tax collection contract if such receivable--
``(1) is subject to a pending or active offer-in-compromise
or installment agreement,
``(2) is classified as an innocent spouse case,
``(3) involves a taxpayer identified by the Secretary as
being--
``(A) deceased,
``(B) under the age of 18,
``(C) in a designated combat zone, or
``(D) a victim of tax-related identity theft,
``(4) is currently under examination, litigation, criminal
investigation, or levy, or
``(5) is currently subject to a proper exercise of a right
of appeal under this title.''.
(c) Contracting Priority.--Section 6306 of the Internal
Revenue Code of 1986, as amended by the preceding provisions
of this section, is amended by redesignating subsection (h)
as subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Contracting Priority.--In contracting for the
services of any person under this section, the Secretary
shall utilize private collection contractors and debt
collection centers on the schedule required under section
3711(g) of title 31, United States Code, including the
technology and communications infrastructure established
therein, to the extent such private collection contractors
and debt collection centers are appropriate to carry out the
purposes of this section.''.
(d) Disclosure of Return Information.--Section 6103(k) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(11) Qualified tax collection contractors.--Persons
providing services pursuant to a qualified tax collection
contract under section 6306 may, if speaking to a person who
has identified himself or herself as having the name of the
taxpayer to which a tax receivable (within the meaning of
such section) relates, identify themselves as contractors of
the Internal Revenue Service and disclose the business name
of the contractor, and the nature, subject, and reason for
the contact. Disclosures under this paragraph shall be made
only in such situations and under such conditions as have
been approved by the Secretary.''.
(e) Taxpayers Affected by Federally Declared Disasters.--
Section 6306 of the Internal Revenue Code of 1986, as amended
by the preceding provisions of this section, is amended by
redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Taxpayers in Presidentially Declared Disaster
Areas.--The Secretary may prescribe procedures under which a
taxpayer determined to be affected by a Federally declared
disaster (as defined by section 165(i)(5)) may request--
[[Page S5884]]
``(1) relief from immediate collection measures by
contractors under this section, and
``(2) a return of the inactive tax receivable to the
inventory of the Internal Revenue Service to be collected by
an employee thereof.''.
(f) Report to Congress.--
(1) In general.--Section 6306 of the Internal Revenue Code
of 1986, as amended by the preceding provisions of this
section, is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the
following new subsection:
``(j) Report to Congress.--Not later than 90 days after the
last day of each fiscal year (beginning with the first such
fiscal year ending after the date of the enactment of this
subsection), the Secretary shall submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report with respect to
qualified tax collection contracts under this section which
shall include--
``(1) annually, with respect to such fiscal year--
``(A) the total number and amount of tax receivables
provided to each contractor for collection under this
section,
``(B) the total amounts collected (and amounts of
installment agreements entered into under subsection
(b)(1)(B)) with respect to each contractor and the collection
costs incurred (directly and indirectly) by the Internal
Revenue Service with respect to such amounts,
``(C) the impact of such contracts on the total number and
amount of unpaid assessments, and on the number and amount of
assessments collected by Internal Revenue Service personnel
after initial contact by a contractor,
``(D) the amount of fees retained by the Secretary under
subsection (e) and a description of the use of such funds,
and
``(E) a disclosure safeguard report in a form similar to
that required under section 6103(p)(5), and
``(2) biannually (beginning with the second report
submitted under this subsection)--
``(A) an independent evaluation of contractor performance,
and
``(B) a measurement plan that includes a comparison of the
best practices used by the private collectors to the
collection techniques used by the Internal Revenue Service
and mechanisms to identify and capture information on
successful collection techniques used by the contractors that
could be adopted by the Internal Revenue Service.''.
(2) Repeal of existing reporting requirements with respect
to qualified tax collection contracts.--Section 881 of the
American Jobs Creation Act of 2004 is amended by striking
subsection (e).
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply to tax receivables identified by the
Secretary after the date of the enactment of this Act.
(2) Contracting priority.--The Secretary shall begin
entering into contracts and agreements as described in the
amendment made by subsection (c) within 3 months after the
date of the enactment of this Act.
(3) Disclosures.--The amendment made by subsection (d)
shall apply to disclosures made after the date of the
enactment of this Act.
(4) Procedures; report to congress.--The amendments made by
subsections (e) and (f) shall take effect on the date of the
enactment of this Act.
SEC. 52107. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) In General.--Subsection (e) of section 6306 of the
Internal Revenue Code of 1986, as redesignated by section
52106, is amended by striking ``for collection enforcement
activities of the Internal Revenue Service'' in paragraph (2)
and inserting ``to fund the special compliance personnel
program account under section 6307''.
(b) Special Compliance Personnel Program Account.--
Subchapter A of chapter 64 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
``SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.
``(a) Establishment of a Special Compliance Personnel
Program Account.--The Secretary shall establish an account
within the Department for carrying out a program consisting
of the hiring, training, and employment of special compliance
personnel, and shall transfer to such account from time to
time amounts retained by the Secretary under section
6306(e)(2).
``(b) Restrictions.--The program described in subsection
(a) shall be subject to the following restrictions:
``(1) No funds shall be transferred to such account except
as described in subsection (a).
``(2) No other funds from any other source shall be
expended for special compliance personnel employed under such
program, and no funds from such account shall be expended for
the hiring of any personnel other than special compliance
personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any
purpose other than for costs under such program associated
with the employment of special compliance personnel and the
retraining and reassignment of current noncollections
personnel as special compliance personnel, and to reimburse
the Internal Revenue Service or other government agencies for
the cost of administering qualified tax collection contracts
under section 6306.
``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and
the Committees on Ways and Means and Appropriations of the
House of Representatives consisting of the following:
``(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative
and program costs for the program described in such
subsection, the number of special compliance personnel hired
and employed under the program, and the amount of revenue
actually collected by such personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual
and estimated administrative and program costs, the number of
all actual and estimated special compliance personnel hired
and employed under the program, and the actual and estimated
revenue actually collected or to be collected by such
personnel.
``(3) For the following fiscal year, an estimate of all
funds to be received in the account, all estimated
administrative and program costs, the estimated number of
special compliance personnel hired and employed under the
program, and the estimated revenue to be collected by such
personnel.
``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the
Internal Revenue Service as field function collection
officers or in a similar position, or employed to collect
taxes using the automated collection system or an equivalent
replacement system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and bonuses),
benefits, and employment taxes for special compliance
personnel employed or trained under the program described in
subsection (a), and
``(B) direct overhead costs, salaries, benefits, and
employment taxes relating to support staff, rental payments,
office equipment and furniture, travel, data processing
services, vehicle costs, utilities, telecommunications,
postage, printing and reproduction, supplies and materials,
lands and structures, insurance claims, and indemnities for
special compliance personnel hired and employed under this
section.
For purposes of subparagraph (B), the cost of management and
supervision of special compliance personnel shall be taken
into account as direct overhead costs to the extent such
costs, when included in total program costs under this
paragraph, do not represent more than 10 percent of such
total costs.''.
(c) Clerical Amendment.--The table of sections for
subchapter A of chapter 64 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to
section 6306 the following new item:
``Sec. 6307. Special compliance personnel program account.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to amounts collected and retained by the
Secretary after the date of the enactment of this Act.
SEC. 52108. TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE
HEALTH ACCOUNTS.
(a) In General.--Section 420(b)(4) of the Internal Revenue
Code of 1986 is amended by striking ``December 31, 2021'' and
inserting ``December 31, 2025''.
(b) Conforming ERISA Amendments.--
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1021(e)(3), 1103(c)(1), 1108(b)(13)) are each amended by
striking ``MAP-21'' and inserting ``DRIVE Act''.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ``January 1, 2022'' and inserting
``January 1, 2026''.
Subtitle B--Fees and Receipts
SEC. 52201. EXTENSION OF DEPOSITS OF SECURITY SERVICE FEES IN
THE GENERAL FUND.
Section 44940(i)(4) of title 49, United States Code, is
amended by adding at the end the following:
``(K) $1,750,000,000 for each of fiscal years 2024 and
2025.''.
SEC. 52202. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN
CUSTOMS SERVICES.
(a) In General.--Section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended
by adding at the end the following:
``(l) Adjustment of Fees for Inflation.--
``(1) In general.--The Secretary of the Treasury shall
adjust the fees established under subsection (a), and the
limitations on such fees under paragraphs (2), (3), (5), (6),
(8), and (9) of subsection (b), on October 1, 2015, and
annually thereafter, to reflect the percentage (if any) of
the increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer Price
Index for fiscal year 2014.
``(2) Special rules for calculation of adjustment.--In
adjusting under paragraph (1) the amount of the fees
established under subsection (a), and the limitations on such
fees under paragraphs (2), (3), (5), (6), (8), and (9) of
subsection (b), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1 percent.
[[Page S5885]]
``(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.
______
SA 2506. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
At end of subtitle A of title I, add the following:
SEC. 11030. INCREASED FEDERAL SHARE FOR INNOVATIVE
ENGINEERING OR DESIGN APPROACHES.
Section 120(c)(3) of title 23, United States Code (as
amended by section 11003(b)(2) and section 11028), is amended
in subparagraph (B)--
(1) in clause (iv), by striking ``or'' at the end;
(2) in clause (v), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(vi) contracts for engineering and design services, as
described in section 112(b)(2).''.
______
SA 2507. Mr. BOOZMAN (for himself and Mr. Cotton) submitted an
amendment intended to be proposed by him to the 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; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. PROHIBITION ON EMINENT DOMAIN FOR CERTAIN
PROJECTS.
Section 1222 of the Energy Policy Act of 2005 (42 U.S.C.
16421) is amended--
(1) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Prohibition on Eminent Domain.--Notwithstanding any
other provision of law (including regulations), the
Secretary, SWPA, and WAPA may not carry out any Project under
this section through the use of eminent domain, unless the
use of eminent domain is explicitly authorized by--
``(1) the Governor and the head of each applicable public
utility commission or public service commission of the
affected State; and
``(2) the head of the governing body of each Indian tribe
the land of which would be affected.
``(e) Siting Requirement.--To the maximum extent
practicable, a Project carried out under this section shall
be sited on--
``(1) an existing Federal right-of-way; or
``(2) Federal land managed by--
``(A) the Bureau of Land Management;
``(B) the Forest Service;
``(C) the Bureau of Reclamation; or
``(D) the Corps of Engineers.''.
______
SA 2508. Mr. REID submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the end, insert the following:
This Act shall become effective 1 day after enactment of
this Act.
______
SA 2509. Mr. REID submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the end, insert the following:
This Act shall become effective 1 day after enactment of
this Act.
______
SA 2510. Mr. REID submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the end, insert the following:
This Act shall become effective 1 day after enactment of
this Act.
______
SA 2511. Mr. REID submitted an amendment intended to be proposed by
him to the 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
[[Page S5886]]
employers to which the employer mandate applies under the Patient
Protection and Affordable Care Act; which was ordered to lie on the
table; as follows:
At the appropriate place, strike ``1'' and insert ``2''.
______
SA 2512. Mr. REID submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, strike ``1'' and insert ``2''.
______
SA 2513. Mr. REID submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, strike ``2'' and insert ``3''.
______
SA 2514. Mr. REID submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, strike ``2'' and insert ``3''.
______
SA 2515. Mr. CARPER (for himself and Mr. Menendez) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
On page 870, line 17, strike ``10 percent'' and insert ``25
percent''.
______
SA 2516. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 818, strike lines 13 through 15 and insert the
following:
``(D) reimburse planning and design expenses relating to
projects described in subparagraph (A) or (C); or
``(E) finance economic development, including commercial
and residential development, and related infrastructure and
activities, that--
``(i) incorporates private investment;
``(ii) is physically or functionally related to a passenger
rail station or multimodal station that includes rail
service;
``(iii) has a high probability of the applicant commencing
the contracting process for construction not later than 90
days after the date on which the direct loan or loan
guarantee is obligated for the project under this title; and
``(iv) has a high probability of reducing the need for
financial assistance under any other Federal program for the
relevant passenger rail station or service by increasing
ridership, tenant lease payments, or other activities that
generate revenue exceeding costs.''.
On page 823, line 11, strike ``(4)'' and insert the
following:
``(4) Use of other federal funds.--Notwithstanding any
other provision of law, an applicant may use grants under
chapter 244 of title 49, United States Code, to pay any
charge under this subsection.
``(5)
______
SA 2517. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 662, between lines 18 and 19, insert the following:
SEC. 35215. PASSENGER TRAIN PERFORMANCE.
(a) On-Time Performance Incentive Payments.--Section 207(c)
of the Passenger Rail Investment and Improvement Act (49
U.S.C. 24101 note; division B of Public Law 110-432) is
amended--
(1) by striking ``To the extent practicable'' and inserting
the following:
``(2) In general.--To the extent practicable''; and
(2) by adding at the end the following:
``(2) Quality of service payments.--Except as provided in
paragraph (1), Amtrak shall make a payment to a host railroad
for quality of service for an individual route only if host-
responsible minutes of delay on that route on that host
railroad do not exceed 900 minutes per 10,000 Amtrak train-
miles during a month, as calculated by Amtrak in accordance
with its delay reporting procedures.
``(3) Temporary higher delay limits.--Amtrak and a host
railroad may agree in advance in writing to a temporary
higher delay limit than that specified under paragraph (2)
for a specific route for a specific time period for a
specific purpose, such as scheduled major maintenance of way
work.''.
(b) Investigation; Fines and Damages; Temporary
Injunctions.--Section 24308(f) is amended--
(1) in paragraph (1)--
(A) by striking ``2 consecutive calendar quarters'' each
place such phrase appears and inserting ``4 consecutive
calendar quarters''; and
(B) by striking ``may initiate'' and inserting ``shall
initiate'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Problems caused by host rail carrier.--If the Board
determines that delays or failures to achieve minimum
standards investigated under paragraph (1) are attributable
to a rail carrier's failure to provide preference to Amtrak
over freight transportation in accordance with subsection
(c), the Board shall award damages and other relief against
the host rail carrier pursuant to paragraph (3).
``(3) Damages and relief.--In awarding damages and
prescribing other relief under this paragraph, the Board
shall--
``(A) award damages sufficient to make Amtrak whole for the
financial loss it suffers as a result of host rail carrier
delays or failure to achieve minimum standards; and
``(B) award additional relief in an amount sufficient to
deter future actions, which may reasonably be expected to be
likely to result in delays to Amtrak on the route involved,
but in no event less than $10,000 per day during which the
host rail failed to provide preference to Amtrak over freight
transportation in accordance with subsection (c).''; and
(3) by adding at the end the following:
``(5) Judicial relief.--Upon the initiation of an
investigation under paragraph (1), the General Counsel of the
Board may petition an appropriate United States district
court for appropriate temporary relief or a restraining
order. Upon the receipt of any such petition, the court shall
notify the person against whom the relief is sought of such
petition and is authorized to grant to the Board such
temporary relief or restraining order as the court finds just
and proper while the Board conducts an investigation in
accordance with under paragraph (1).''.
______
SA 2518. Mr. KIRK submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 14, line 11, strike ``$300,000,000'' and insert
``$295,000,000''.
Beginning on page 817, strike line 13 and all that follows
through page 818, line 15, and insert the following:
SEC. 35603. ELIGIBLE APPLICANTS.
Section 502(a) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (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), (6), or (7);'' and
(2) by striking paragraph (6) and inserting the following:
``(6) solely for the purpose of constructing a rail
connection between a plant or facility
[[Page S5887]]
and a rail carrier, limited option freight shippers that own
or operate a plant or other facility;
``(7) any obligor, as designated by an entity otherwise
eligible to receive a direct loan or loan guarantee under
this section, including a special purpose entity receiving
user fees or other payments or revenues from dedicated
sources for debt service and maintenance of the equipment or
facilities to be acquired or improved; and
``(8) a public-private or private partnership between at
least 1 other entity listed in any of paragraphs (1) through
(7) and a consortium that specializes in real estate
development.''.
SEC. 35604. ELIGIBLE PURPOSES.
Section 502(b)(1) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(1)) is
amended--
(1) in subparagraph (A), by inserting ``, and costs related
to these activities, including preconstruction 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); or
``(E) finance economic development, including commercial
and residential development, and related infrastructure and
activities, that--
``(i) incorporates private investment;
``(ii) is physically or functionally related to a passenger
rail station or multimodal station that includes rail
service;
``(iii) has a high probability of the applicant commencing
the contracting process for construction not later than 90
days after the date on which the direct loan or loan
guarantee is obligated for the project under this title; and
``(iv) has a high probability of reducing the need for
financial assistance under any other Federal program for the
relevant passenger rail station or service by increasing
ridership, tenant lease payments, or other activities that
generate revenue exceeding costs.''.
______
SA 2519. Mr. KIRK submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
On page 332, line 23, strike ``$100,000,000'' and insert
``$95,000,000''.
Beginning on page 817, strike line 13 and all that follows
through page 818, line 15, and insert the following:
SEC. 35603. ELIGIBLE APPLICANTS.
Section 502(a) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (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), (6), or (7);'' and
(2) by striking paragraph (6) and inserting the following:
``(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;
``(7) any obligor, as designated by an entity otherwise
eligible to receive a direct loan or loan guarantee under
this section, including a special purpose entity receiving
user fees or other payments or revenues from dedicated
sources for debt service and maintenance of the equipment or
facilities to be acquired or improved; and
``(8) a public-private or private partnership between at
least 1 other entity listed in any of paragraphs (1) through
(7) and a consortium that specializes in real estate
development.''.
SEC. 35604. ELIGIBLE PURPOSES.
Section 502(b)(1) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(1)) is
amended--
(1) in subparagraph (A), by inserting ``, and costs related
to these activities, including preconstruction 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); or
``(E) finance economic development, including commercial
and residential development, and related infrastructure and
activities, that--
``(i) incorporates private investment;
``(ii) is physically or functionally related to a passenger
rail station or multimodal station that includes rail
service;
``(iii) has a high probability of the applicant commencing
the contracting process for construction not later than 90
days after the date on which the direct loan or loan
guarantee is obligated for the project under this title; and
``(iv) has a high probability of reducing the need for
financial assistance under any other Federal program for the
relevant passenger rail station or service by increasing
ridership, tenant lease payments, or other activities that
generate revenue exceeding costs.''.
______
SA 2520. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the 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; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXXI of division C, add
the following:
SEC. 31108. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN
CONTROL.
(a) Authorization of appropriations.--There shall be
available from the Mass Transit Account of the Highway Trust
Fund to carry out this section $250,000,000 for each of
fiscal 2016 and 2017 to assist in financing the installation
of positive train control systems.
(b) Programs.--The amounts made available under subsection
(a) of this section may be used to assist in financing the
installation of positive train control systems through--
(1) grants made under the rail safety technology grants
program under section 20158 of title 49, United States Code;
(2) grants made under the consolidated rail infrastructure
and safety investments program under section 24408 of title
49, United States Code; and
(3) funding the cost of direct loans and loan guarantees
under sections 502 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.).
(c) Eligible Recipients.--The amounts made available under
subsection (a) of this section may be used only to assist a
designated recipient (as defined under section 5302 of title
49, United States Code) through the programs described in
subsection (b).
(d) Project management oversight.--The Secretary may
withhold up to 1 percent from the amounts made available
under subsection (a) of this section for the costs of project
management oversight of grants authorized under that
subsection.
(e) Savings clause.--Nothing in this section may be
construed as authorizing the amounts appropriated under
subsection (a) to be used for any purpose other than
financing the installation of positive train control systems.
(f) Sunset.--This section shall remain in effect until
September 30, 2017.
______
SA 2521. Mr. THUNE submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXTENSION AND SIMPLIFICATION OF RESEARCH CREDIT.
(a) In General.--Subsection (a) of section 41 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) In General.--For purposes of section 38, the research
credit determined under this section for the taxable year
shall be an amount equal to the sum of--
``(1) 20 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of the
average qualified research expenses for the 3 taxable years
preceding the taxable year for which the credit is being
determined,
``(2) 20 percent of so much of the basic research payments
for the taxable year as exceeds 50 percent of the average
basic research payments for the 3 taxable years preceding the
taxable year for which the credit is being determined, plus
``(3) 20 percent of the amounts paid or incurred by the
taxpayer in carrying on any trade or business of the taxpayer
during the taxable year (including as contributions) to an
energy research consortium for energy research.''.
(b) Special Rules and Termination of Base Amount
Calculation.--
(1) In general.--Subsection (c) of section 41 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(c) Special Rules.--
``(1) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--In the case of
a taxpayer that has no qualified research expenses in any one
of the 3 taxable years preceding the taxable year for which
the credit is being determined--
``(A) the amount of the credit under this section for such
taxable year relating to
[[Page S5888]]
qualified research expenses shall be determined under this
paragraph and not under subsection (a)(1), and
``(B) such credit shall be equal to 10 percent of the
qualified research expenses for the taxable year.
``(2) Special rule in case of no basic research payments in
any of 3 preceding taxable years.--In the case of a taxpayer
that has no basic research payments in any one of the 3
taxable years preceding the taxable year for which the credit
is being determined--
``(A) the credit under this section for such taxable year
relating to basic research payments shall be determined under
this paragraph and not under subsection (a)(2), and
``(B) such credit shall be equal to 10 percent of the basic
research payments for the taxable year.
``(3) Consistent treatment of expenses.--
``(A) In general.--Notwithstanding whether the period for
filing a claim for credit or refund has expired for any
taxable year taken into account in determining the average
qualified research expenses or average basic research
payments for purposes of subsection (a), the qualified
research expenses and basic research payments taken into
account in determining such averages shall be determined on a
basis consistent with the determination of qualified research
expenses and basic research payments, respectively, for the
credit year.
``(B) Prevention of distortions.--The Secretary may
prescribe regulations to prevent distortions in calculating a
taxpayer's qualified research expenses or basic research
payments caused by a change in accounting methods used by
such taxpayer between the current year and a year taken into
account in determining the average qualified research
expenses or average basic research payments for purposes of
subsection (a).''.
(2) Simplification of basic research payments
calculation.--Subsection (e) of section 41 of such Code is
amended--
(A) by striking all that precedes paragraph (6) and
inserting the following:
``(e) Basic Research Payments.--For purposes of this
section--
``(1) In general.--The term `basic research payment' means,
with respect to any taxable year, any amount paid in cash
during such taxable year by a corporation to any qualified
organization for basic research but only if--
``(A) such payment is pursuant to a written agreement
between such corporation and such qualified organization, and
``(B) such basic research is to be performed by such
qualified organization.
``(2) Exception to requirement that research be performed
by the organization.--In the case of a qualified organization
described in subparagraph (C) or (D) of paragraph (3),
subparagraph (B) of paragraph (1) shall not apply.'',
(B) by redesignating paragraphs (6) and (7) as paragraphs
(3) and (4), respectively, and
(C) in paragraph (4) (as so redesignated), by striking
subparagraphs (B) and (C) and by redesignating subparagraphs
(D) and (E) as subparagraphs (B) and (C), respectively.
(3) Inclusion of qualified research expenses of an acquired
person.--
(A) Partial inclusion of pre-acquisition expenditures.--
Subparagraph (A) of section 41(f)(3) of such Code is amended
to read as follows:
``(A) Acquisitions.--
``(i) In general.--If a person acquires the major portion
of a trade or business of another person (hereinafter in this
paragraph referred to as the `predecessor') or the major
portion of a separate unit of a trade or business of a
predecessor, then the amount of qualified research expenses
or basic research payments paid or incurred by the acquiring
person during the 3 taxable years preceding the taxable year
in which the credit under this section is determined shall be
increased by--
``(I) for purposes of applying this section for the taxable
year in which such acquisition is made, the amount determined
under clause (ii), and
``(II) for purposes of applying this section for any
taxable year after the taxable year in which such acquisition
is made, so much of the qualified research expenses or basic
research payments paid or incurred by the predecessor with
respect to the acquired trade or business during the portion
of the measurement period that is part of the 3-taxable-year
period preceding the taxable year for which the credit is
determined as is attributable to the portion of such trade or
business or separate unit acquired by such person.
``(ii) Amount determined.--The amount determined under this
clause is the amount equal to the product of--
``(I) so much of the qualified research expenses or basic
research payments paid or incurred by the predecessor with
respect to the acquired trade or business during the 3
taxable years before the taxable year in which the
acquisition is made as is attributable to the portion of such
trade or business or separate unit acquired by the acquiring
person, and
``(II) the number of months in the period beginning on the
date of the acquisition and ending on the last day of the
taxable year in which the acquisition is made,
divided by 12.
``(iii) Special rules for coordinating taxable years.--In
the case of an acquiring person and a predecessor whose
taxable years do not begin on the same date--
``(I) each reference to a taxable year in clauses (i) and
(ii) shall refer to the appropriate taxable year of the
acquiring person,
``(II) the qualified research expenses or basic research
payments paid or incurred by the predecessor during each
taxable year of the predecessor any portion of which is part
of the measurement period shall be allocated equally among
the months of such taxable year, and
``(III) the amount of such qualified research expenses or
basic research payments taken into account under clauses (i)
and (ii) with respect to a taxable year of the acquiring
person shall be equal to the total of the expenses
attributable under subclause (II) to the months occurring
during such taxable year.
``(iv) Measurement period.--For purposes of this
subparagraph, the term `measurement period' means the taxable
year of the acquiring person in which the acquisition is made
and the 3 taxable years of the acquiring person preceding
such taxable year.
``(v) Separation of expenditures.--This subparagraph shall
be applied separately with respect to qualified research
expenses and basic research payments.''.
(B) Expenses of a predecessor.--Subparagraph (B) of section
41(f)(3) of such Code is amended to read as follows:
``(B) Dispositions.--If the predecessor furnished to the
acquiring person such information as is necessary for the
application of subparagraph (A), then, for purposes of
applying this section for any taxable year ending after such
disposition, the amount of qualified research expenses or
basic research payments paid or incurred by the predecessor
during the 3 taxable years preceding such taxable year shall
be reduced--
``(i) in the case of the taxable year in which such
disposition is made, by an amount equal to the product of--
``(I) the amount of qualified research expenses or basic
research payments paid or incurred during such 3 taxable
years with respect to the acquired business, and
``(II) the number of days in the period beginning on the
date of acquisition (as determined for purposes of
subparagraph (A)(ii)(II)) and ending on the last day of the
taxable year of the predecessor in which the disposition is
made,
divided by the number of days in the taxable year of the
predecessor, and
``(ii) in the case of any taxable year ending after the
taxable year in which such disposition is made, the amount
described in clause (i)(I).
This subparagraph shall be applied separately with respect to
qualified research expenses and basic research payments.''.
(C) Conforming amendments.--
(i) Paragraph (3) of section 41(f) of such Code is amended
by striking subparagraph (C).
(ii) Paragraph (4) of section 41(f) of such Code is amended
by striking ``gross receipts'' and inserting ``basic research
payments''.
(c) Permanent Extension.--
(1) Section 41 of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
(2) Paragraph (1) of section 45C(b) of such Code is amended
by striking subparagraph (D).
(d) Cross-references.--
(1) Paragraph (2) of section 45C(c) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``base period research expenses'' and
inserting ``average qualified research expenses'', and
(B) by striking ``base period research expenses'' in the
heading and inserting ``average qualified research
expenses''.
(2) Subsection (c) of section 280C of such Code is
amended--
(A) by striking ``basic research expenses (as defined in
section 41(e)(2))'' in paragraph (1) and inserting ``basic
research payments (as defined in section 41(e)(1))'', and
(B) by striking ``basic research expenses'' in paragraph
(2)(B) and inserting ``basic research payments''.
(e) Credit Allowed Against Alternative Minimum Tax in Case
of Eligible Small Business.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by redesignating
clauses (ii) through (ix) as clauses (iii) through (x),
respectively, and by inserting after clause (i) the following
new clause:
``(ii) the credit determined under section 41 for the
taxable year with respect to an eligible small business (as
defined in paragraph (5)(C), after application of rules
similar to the rules of paragraph (5)(D)),''.
(f) Technical Corrections.--Section 409 of the Internal
Revenue Code of 1986 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1986)'' after ``section 41(c)(1)(B)''
in subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1986'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1986)'' after ``section 41(c)(1)(B)''
in subsection (i)(1)(A), and
(4) by striking ``, or subparagraph (A) or (B) of section
48(n)(1)'' in subsection (m) and inserting ``(as in effect
before the enactment of the Tax Reform Act of 1986)''.
(g) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
taxable years beginning after December 31, 2014.
(2) Permanent extension.--The amendments made by subsection
(c) shall apply to
[[Page S5889]]
amounts paid or incurred after December 31, 2014.
(3) Technical corrections.--The amendments made by
subsection (f) shall take effect on the date of the enactment
of this Act.
SEC. _____. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM
INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE
PURPOSES MADE PERMANENT.
(a) In General.--Section 408(d)(8) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (F).
(b) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2014.
SEC. _____. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION
FOR CONTRIBUTIONS OF FOOD INVENTORY.
(a) Permanent Extension.--Section 170(e)(3)(C) of the
Internal Revenue Code of 1986 is amended by striking clause
(iv).
(b) Increase in Limitation.--Section 170(e)(3)(C) of the
Internal Revenue Code of 1986, as amended by subsection (a),
is amended by striking clause (ii), by redesignating clause
(iii) as clause (iv), and by inserting after clause (i) the
following new clauses:
``(ii) Limitation.--The aggregate amount of such
contributions for any taxable year which may be taken into
account under this section shall not exceed--
``(I) in the case of any taxpayer other than a C
corporation, 15 percent of the taxpayer's aggregate net
income for such taxable year from all trades or businesses
from which such contributions were made for such year,
computed without regard to this section, and
``(II) in the case of a C corporation, 15 percent of
taxable income (as defined in subsection (b)(2)(D)).
``(iii) Rules related to limitation.--
``(I) Carryover.--If such aggregate amount exceeds the
limitation imposed under clause (ii), such excess shall be
treated (in a manner consistent with the rules of subsection
(d)) as a charitable contribution described in clause (i) in
each of the 5 succeeding taxable years in order of time.
``(II) Coordination with overall corporate limitation.--In
the case of any charitable contribution allowable under
clause (ii)(II), subsection (b)(2)(A) shall not apply to such
contribution, but the limitation imposed by such subsection
shall be reduced (but not below zero) by the aggregate amount
of such contributions. For purposes of subsection (b)(2)(B),
such contributions shall be treated as allowable under
subsection (b)(2)(A).''.
(c) Determination of Basis for Certain Taxpayers.--Section
170(e)(3)(C) of the Internal Revenue Code of 1986, as amended
by subsections (a) and (b), is amended by adding at the end
the following new clause:
``(v) Determination of basis for certain taxpayers.--If a
taxpayer--
``(I) does not account for inventories under section 471,
and
``(II) is not required to capitalize indirect costs under
section 263A,
the taxpayer may elect, solely for purposes of subparagraph
(B), to treat the basis of any apparently wholesome food as
being equal to 25 percent of the fair market value of such
food.''.
(d) Determination of Fair Market Value.--Section
170(e)(3)(C) of the Internal Revenue Code of 1986, as amended
by subsections (a), (b), and (c), is amended by adding at the
end the following new clause:
``(vi) Determination of fair market value.--In the case of
any such contribution of apparently wholesome food which
cannot or will not be sold solely by reason of internal
standards of the taxpayer, lack of market, or similar
circumstances, or by reason of being produced by the taxpayer
exclusively for the purposes of transferring the food to an
organization described in subparagraph (A), the fair market
value of such contribution shall be determined--
``(I) without regard to such internal standards, such lack
of market, such circumstances, or such exclusive purpose, and
``(II) by taking into account the price at which the same
or substantially the same food items (as to both type and
quality) are sold by the taxpayer at the time of the
contribution (or, if not so sold at such time, in the recent
past).''.
(e) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to contributions made after the date of the enactment of this
Act, in taxable years ending after such date.
(2) Limitation; applicability to c corporations.--The
amendments made by subsection (b) shall apply to
contributions made in taxable years ending after the date of
the enactment of this Act.
SEC. _____. SPECIAL RULE FOR QUALIFIED CONSERVATION
CONTRIBUTIONS MADE PERMANENT.
(a) In General.--
(1) Individuals.--Subparagraph (E) of section 170(b)(1) of
the Internal Revenue Code of 1986 (relating to contributions
of qualified conservation contributions) is amended by
striking clause (vi).
(2) Corporations.--Subparagraph (B) of section 170(b)(2) of
such Code (relating to qualified conservation contributions)
is amended by striking clause (iii).
(b) Contributions of Capital Gain Real Property Made for
Conservation Purposes by Native Corporations.--
(1) In general.--Section 170(b)(2) of the Internal Revenue
Code of 1986 is amended by redesignating subparagraph (C) as
subparagraph (D), and by inserting after subparagraph (B) the
following new subparagraph:
``(C) Qualified conservation contributions by certain
native corporations.--
``(i) In general.--Any qualified conservation contribution
(as defined in subsection (h)(1)) which--
``(I) is made by a Native Corporation, and
``(II) is a contribution of property which was land
conveyed under the Alaska Native Claims Settlement Act,
shall be allowed to the extent that the aggregate amount of
such contributions does not exceed the excess of the
taxpayer's taxable income over the amount of charitable
contributions allowable under subparagraph (A).
``(ii) Carryover.--If the aggregate amount of contributions
described in clause (i) exceeds the limitation of clause (i),
such excess shall be treated (in a manner consistent with the
rules of subsection (d)(2)) as a charitable contribution to
which clause (i) applies in each of the 15 succeeding taxable
years in order of time.
``(iii) Native corporation.--For purposes of this
subparagraph, the term `Native Corporation' has the meaning
given such term by section 3(m) of the Alaska Native Claims
Settlement Act.''.
(2) Conforming amendments.--
(A) Section 170(b)(2)(A) of such Code is amended by
striking ``subparagraph (B) applies'' and inserting
``subparagraph (B) or (C) applies''.
(B) Section 170(b)(2)(B)(ii) of such Code is amended by
striking ``15 succeeding years'' and inserting ``15
succeeding taxable years''.
(3) Valid existing rights preserved.--Nothing in this
subsection (or any amendment made by this subsection) shall
be construed to modify the existing property rights validly
conveyed to Native Corporations (within the meaning of
section 3(m) of the Alaska Native Claims Settlement Act)
under such Act.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2014.
SEC. _____. EXPENSING CERTAIN DEPRECIABLE BUSINESS ASSETS FOR
SMALL BUSINESS.
(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ``shall not
exceed--'' and all that follows and inserting ``shall not
exceed $500,000.''.
(2) Reduction in limitation.--Section 179(b)(2) of such
Code is amended by striking ``exceeds--'' and all that
follows and inserting ``exceeds $2,000,000.''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) of the
Internal Revenue Code of 1986 is amended by striking ``, to
which section 167 applies, and which is placed in service in
a taxable year beginning after 2002 and before 2015'' and
inserting ``and to which section 167 applies''.
(c) Election.--Section 179(c)(2) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``may not be revoked'' and all that follows
through ``and before 2015''; and
(2) by striking ``irrevocable'' in the heading thereof.
(d) Air Conditioning and Heating Units.--Section 179(d)(1)
of the Internal Revenue Code of 1986 is amended by striking
``and shall not include air conditioning or heating units''.
(e) Qualified Real Property.--Section 179(f) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``beginning after 2009 and before 2015'' in
paragraph (1); and
(2) by striking paragraphs (3) and (4).
(f) Inflation Adjustment.--Section 179(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2015, the dollar amounts in paragraphs (1)
and (2) shall each be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2014'
for `calendar year 1992' in subparagraph (B) thereof.
``(B) Rounding.--The amount of any increase under
subparagraph (A) shall be rounded to the nearest multiple of
$10,000.''.
(g) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2014.
SEC. _____. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF
S CORPORATIONS MADE PERMANENT.
(a) In General.--Paragraph (7) of section 1374(d) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(7) Recognition period.--
``(A) In general.--The term `recognition period' means the
5-year period beginning with the first day of the first
taxable year for which the corporation was an S corporation.
For purposes of applying this section to any amount
includible in income by reason of distributions to
shareholders pursuant to section 593(e), the preceding
sentence shall be applied without regard to the phrase `5-
year'.
``(B) Installment sales.--If an S corporation sells an
asset and reports the income from the sale using the
installment method
[[Page S5890]]
under section 453, the treatment of all payments received
shall be governed by the provisions of this paragraph
applicable to the taxable year in which such sale was
made.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2014.
SEC. _____. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO
STOCK OF S CORPORATIONS MAKING CHARITABLE
CONTRIBUTIONS OF PROPERTY.
(a) In General.--Section 1367(a)(2) of the Internal Revenue
Code of 1986 is amended by striking the last sentence.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2014.
SEC. _____. PERMANENT EXTENSION OF DEDUCTION OF STATE AND
LOCAL GENERAL SALES TAXES.
(a) In General.--Section 164(b)(5) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (I).
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2014.
______
SA 2522. Mr. THUNE submitted an amendment intended to be proposed by
him to the 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; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION
FOR CONTRIBUTIONS OF FOOD INVENTORY.
(a) Permanent Extension.--Section 170(e)(3)(C) of the
Internal Revenue Code of 1986 is amended by striking clause
(iv).
(b) Increase in Limitation.--Section 170(e)(3)(C) of the
Internal Revenue Code of 1986, as amended by subsection (a),
is amended by striking clause (ii), by redesignating clause
(iii) as clause (iv), and by inserting after clause (i) the
following new clauses:
``(ii) Limitation.--The aggregate amount of such
contributions for any taxable year which may be taken into
account under this section shall not exceed--
``(I) in the case of any taxpayer other than a C
corporation, 15 percent of the taxpayer's aggregate net
income for such taxable year from all trades or businesses
from which such contributions were made for such year,
computed without regard to this section, and
``(II) in the case of a C corporation, 15 percent of
taxable income (as defined in subsection (b)(2)(D)).
``(iii) Rules related to limitation.--
``(I) Carryover.--If such aggregate amount exceeds the
limitation imposed under clause (ii), such excess shall be
treated (in a manner consistent with the rules of subsection
(d)) as a charitable contribution described in clause (i) in
each of the 5 succeeding years in order of time.
``(II) Coordination with overall corporate limitation.--In
the case of any charitable contribution allowable under
clause (ii)(II), subsection (b)(2)(A) shall not apply to such
contribution, but the limitation imposed by such subsection
shall be reduced (but not below zero) by the aggregate amount
of such contributions. For purposes of subsection (b)(2)(B),
such contributions shall be treated as allowable under
subsection (b)(2)(A).''.
(c) Determination of Basis for Certain Taxpayers.--Section
170(e)(3)(C) of the Internal Revenue Code of 1986, as amended
by subsections (a) and (b), is amended by adding at the end
the following new clause:
``(v) Determination of basis for certain taxpayers.--If a
taxpayer--
``(I) does not account for inventories under section 471,
and
``(II) is not required to capitalize indirect costs under
section 263A,
the taxpayer may elect, solely for purposes of subparagraph
(B), to treat the basis of any apparently wholesome food as
being equal to 25 percent of the fair market value of such
food.''.
(d) Determination of Fair Market Value.--Section
170(e)(3)(C) of the Internal Revenue Code of 1986, as amended
by subsections (a), (b), and (c), is amended by adding at the
end the following new clause:
``(vi) Determination of fair market value.--In the case of
any such contribution of apparently wholesome food which
cannot or will not be sold solely by reason of internal
standards of the taxpayer, lack of market, or similar
circumstances, or by reason of being produced by the taxpayer
exclusively for the purposes of transferring the food to an
organization described in subparagraph (A), the fair market
value of such contribution shall be determined--
``(I) without regard to such internal standards, such lack
of market, such circumstances, or such exclusive purpose, and
``(II) by taking into account the price at which the same
or substantially the same food items (as to both type and
quality) are sold by the taxpayer at the time of the
contribution (or, if not so sold at such time, in the recent
past).''.
(e) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to contributions made after December 31, 2014, in taxable
years ending after such date.
(2) Limitation; applicability to c corporations.--The
amendments made by subsection (b) shall apply to
contributions made in taxable years beginning after December
31, 2014.
SEC. _____. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM
INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE
PURPOSES MADE PERMANENT.
(a) In General.--Section 408(d)(8) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (F).
(b) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2014.
SEC. _____. SPECIAL RULE FOR QUALIFIED CONSERVATION
CONTRIBUTIONS MODIFIED AND MADE PERMANENT.
(a) Made Permanent.--
(1) Individuals.--Subparagraph (E) of section 170(b)(1) of
the Internal Revenue Code of 1986 is amended by striking
clause (vi).
(2) Corporations.--Subparagraph (B) of section 170(b)(2) of
such Code is amended by striking clause (iii).
(b) Contributions of Capital Gain Real Property Made for
Conservation Purposes by Native Corporations.--
(1) In general.--Paragraph (2) of section 170(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Qualified conservation contributions by certain
native corporations.--
``(i) In general.--Any qualified conservation contribution
(as defined in subsection (h)(1)) which--
``(I) is made by a Native Corporation, and
``(II) is a contribution of property which was land
conveyed under the Alaska Native Claims Settlement Act,
shall be allowed to the extent that the aggregate amount of
such contributions does not exceed the excess of the
taxpayer's taxable income over the amount of charitable
contributions allowable under subparagraph (A).
``(ii) Carryover.--If the aggregate amount of contributions
described in clause (i) exceeds the limitation of clause (i),
such excess shall be treated (in a manner consistent with the
rules of subsection (d)(2)) as a charitable contribution to
which clause (i) applies in each of the 15 succeeding years
in order of time.
``(iii) Native corporation.--For purposes of this
subparagraph, the term `Native Corporation' has the meaning
given such term by section 3(m) of the Alaska Native Claims
Settlement Act.''.
(2) Conforming amendment.--Section 170(b)(2)(A) of such
Code is amended by striking ``subparagraph (B) applies'' and
inserting ``subparagraph (B) or (C) applies''.
(3) Valid existing rights preserved.--Nothing in this
subsection (or any amendment made by this subsection) shall
be construed to modify the existing property rights validly
conveyed to Native Corporations (within the meaning of
section 3(m) of the Alaska Native Claims Settlement Act)
under such Act.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2014.
SEC. _____. EXTENSION OF TIME FOR MAKING CHARITABLE
CONTRIBUTIONS.
(a) In General.--Subsection (a) of section 170 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4),
respectively, and by inserting after paragraph (1) the
following new paragraph:
``(2) Treatment of charitable contributions made by
individuals before due date of return.--If any charitable
contribution is made by an individual after the close of a
taxable year but not later than the due date (determined
without regard to extensions) for the return of tax for such
taxable year, then the taxpayer may elect to treat such
charitable contribution as made in such taxable year. Such
election shall be made at such time and in such manner as the
Secretary may provide. For purposes of this paragraph, an
individual's distributive share of a partnership's charitable
contribution, and an individual's pro rata share of an S
corporation's charitable contribution, shall not be treated
as charitable contributions made by such individual.''.
(b) Effective Date.--The amendments made by this section
shall apply to elections made with respect to taxable years
beginning after December 31, 2014.
SEC. _____. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX
ON INVESTMENT INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) of the Internal Revenue
Code of 1986 is amended by striking ``2 percent'' and
inserting ``1 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets
Certain Distribution Requirements.--Section 4940 of the
Internal Revenue Code of 1986 is amended by striking
subsection (e).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
[[Page S5891]]
SA 2523. Mr. THUNE (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the 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;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND
MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC
COMMERCE.
(a) In General.--Section 1101(a) of the Internet Tax
Freedom Act (47 U.S.C. 151 note), as amended by section 624
of the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235), is amended by striking
``during the period beginning November 1, 2003, and ending
October 1, 2015''.
(b) Effective Date.--The amendment made by this section
shall apply to taxes imposed after the date of the enactment
of this Act.
______
SA 2524. Mr. THUNE (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the 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;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. EXTENSION OF MORATORIUM ON INTERNET ACCESS TAXES
AND MULTIPLE AND DISCRIMINATORY TAXES ON
ELECTRONIC COMMERCE.
(a) In General.--Section 1101(a) of the Internet Tax
Freedom Act (47 U.S.C. 151 note), as amended by section 624
of the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235), is amended by striking
``October 1, 2015'' and inserting ``October 1, 2021''.
(b) Effective Date.--The amendment made by this section
shall apply to taxes imposed after the date of the enactment
of this Act.
______
SA 2525. Mr. HATCH (for himself and Mr. Schatz) submitted an
amendment intended to be proposed to amendment SA 2266 proposed by Mr.
McConnell to the 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; which was ordered to
lie on the table; as follows:
On page 66, between lines 14 and 15, insert the following:
``(xxviii) Education, as part of an approved State
strategic highway safety plan, except that the total amount
of funds used by a State for projects under this clause shall
be equal to not greater than 10 percent of the amount of
funds allocated to the State for the program under this
section for each fiscal year, after the set-asides to carry
out section 134 and the congestion mitigation and air quality
improvement program under section 149.
On page 66, line 15, strike ``(xxviii)'' and insert
``(xxix)''.
On page 66, line 17, strike ``(xxvii)'' and insert
``(xxviii)''.
______
SA 2526. Mr. HATCH (for himself, Mr. Burr, and Mr. Tillis) submitted
an amendment intended to be proposed to amendment SA 2266 proposed by
Mr. McConnell to the 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; which was ordered to
lie on the table; as follows:
At the end of subtitle A of title I, add the following:
SEC. 11030. CONSOLIDATED FUNDING PILOT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 44002(a)), is amended by adding at the
end the following:
``Sec. 172. Consolidated funding pilot program
``(a) In General.--The Secretary shall carry out a
consolidated funding pilot program (referred to in this
section as the `program') in each of the States of Utah,
North Carolina, and a third State--
``(1) to transform the Federal-aid highway program to a
performance- and outcome-based program that refocuses
investment of resources on transportation projects that make
progress toward the achievement of the national goals
described in paragraphs (1) through (7) of section 150(b);
and
``(2) to continue advancements made under MAP-21 (Public
Law 112-141; 126 Stat. 405) to streamline program categories
by demonstrating how additional flexibility would enable
States to make investment decisions that better achieve State
and national goals while advancing accountability and
transparency of the Federal-aid highway program.
``(b) Implementation.--
``(1) In general.--In carrying out the program, of those
funds apportioned to a participating eligible State and after
suballocations, set-asides, and pass-throughs made within
each State to entities other than the transportation
department of the State (including a metropolitan planning
organization and a regional transportation planning
organization), the Secretary shall treat the apportionments
remaining with the State transportation department under the
individual apportionment programs described in section 104 as
a single, consolidated apportionment.
``(2) Eligible activities.--Activities eligible under the
program shall include all activities eligible for the
individual apportionment programs described in section 104.
``(c) Eligibility.--To be eligible to participate in the
program--
``(1) a State referred to in subsection (a) shall--
``(A) demonstrate that well-established performance
management systems are in place in the State for the national
goals for--
``(i) safety described in section 150(b)(1); and
``(ii) infrastructure condition described in section
150(b)(2);
``(B) demonstrate that the performance management systems
in place in the State include a system of metrics and
performance measures that guide the State in using program
funds and prioritizing projects--
``(i) to ensure an effective use of resources; and
``(ii) to further the objectives of the program;
``(C) demonstrate progress made toward achieving measurable
performance of national goals for--
``(i) congestion reduction described in section 150(b)(3);
``(ii) system reliability described in section 150(b)(4);
``(iii) freight movement and economic vitality described in
section 150(b)(5);
``(iv) environmental sustainability described in section
150(b)(6); and
``(v) reduced project delivery delays described in section
150(b)(7); and
``(2) the head of the State agency with primary
jurisdiction over highways shall enter into a written
agreement with the division administrator of the field office
of the Federal Highway Administration located in the State
and any metropolitan planning organization located in the
State, which shall specify which individual apportionment
programs or portions of programs referred to in subsection
(b) shall be included in the program in that State.
``(d) Term.--The Secretary shall carry out the program for
a term of not fewer than 6 years.
``(e) Termination.--The Secretary may terminate the
participation of a State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State under the program;
``(2) the Secretary provides to the State--
``(A) notification of the determination of noncompliance
under paragraph (1); and
``(B) a period of not less than 30 days during which the
State may take such corrective action as the Secretary
determines necessary to comply with the program; and
``(3) after the notification of noncompliance and the
expiration of the period under paragraph (2), the State has
not taken satisfactory corrective action, as determined by
the Secretary.
``(f) Reports.--
``(1) State reporting requirements.--Participating eligible
States shall submit to the Secretary an annual report--
``(A) demonstrating how performance management systems were
used to guide the decisionmaking process of the State in the
development of the statewide transportation improvement
program of the State under section 135; and
``(B) describing the results of the program based on
performance measures that demonstrate progress toward the
achievement of performance goals.
``(2) Report to congress.--The Secretary shall submit to
Congress an annual report that describes the administration
of the program.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section
44002(c)), is amended by inserting after the item relating to
section 171 the following:
``172. Consolidated funding pilot program.''.
______
SA 2527. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of
[[Page S5892]]
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; which was ordered to
lie on the table; as follows:
On page 1006, line 25, strike ``$440,000,000'' and insert
``$439,999,999''.
____________________