[Congressional Record Volume 161, Number 163 (Tuesday, November 3, 2015)]
[House]
[Pages H7412-H7621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      HIRE MORE HEROES ACT OF 2015


                             general leave

  Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the House amendment to the Senate amendment to 
H.R. 22.
  The SPEAKER pro tempore (Mr. Hardy). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 507 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 22.
  The Chair appoints the gentleman from Idaho (Mr. Simpson) to preside 
over the Committee of the Whole.

                              {time}  1429


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the 
Senate amendments 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, with Mr. Simpson 
in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the Senate amendment is considered 
read the first time.
  The gentleman from Pennsylvania (Mr. Shuster) and the gentleman from 
Oregon (Mr. DeFazio) each will control 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania.

                              {time}  1430

  Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
  Today is an exciting day for me because when I became chairman almost

[[Page H7413]]

3 years ago of the Transportation and Infrastructure Committee, one of 
my highest priorities was passing a multiyear bill to improve our 
Nation's road, bridges, and transit systems. So I am very pleased that 
today the House is considering the Surface Transportation 
Reauthorization and Reform Act of 2015, the STRR Act.
  I want to thank Chairman Sam Graves and our Democratic counterparts, 
Ranking Members DeFazio and Norton, for helping to develop this 
bipartisan bill. Thanks in part to their hard work and willingness to 
work together, our committee unanimously approved the STRR Act 2 weeks 
ago.
  This bill is absolutely critical to America and our economy. 
Transportation, in particular our surface transportation system, has a 
direct impact on our day-to-day quality of life. It affects how we get 
to work, how we get our kids home from school, and how much time we can 
spend with our families and friends instead of sitting in traffic. 
Transportation allows our country and our businesses to be competitive. 
Transportation is about supply chain, raw materials getting to the 
factories, products getting to markets, and what we pay for goods; and 
it is fundamentally what the STRR Act is all about.
  To help put this legislation together, Mr. Chairman, our committee 
traveled to communities across this country and talked to 
transportation and business leaders about the need for this bill. What 
we heard is that our States and communities all have a variety of needs 
and that certainty over multiple years is necessary to address those 
needs. The STRR Act is a multiyear bill that provides that certainty 
for States and local governments. This bill helps improve our Nation's 
infrastructure and maintains a strong commitment to safety, but it also 
provides important reforms that will help us continue to do the job 
more effectively.
  Key provisions in this bill will refocus--and that is important--our 
transportation programs on national priorities, promote innovation to 
make our surface transportation system and programs work better, 
provide greater flexibility for State and local governments to address 
their needs, streamline the Federal bureaucracy, accelerate the project 
approval process, and facilitate the flow of freight and commerce. The 
STRR Act continues the Federal role in providing a strong national 
transportation system, enables our country to remain economically 
competitive, and helps ensure our quality of life.
  This bill has widespread support. We have received nearly 300 letters 
of support from throughout the stakeholder community, including 
Governors, mayors, cities, counties, AASHTO, Chamber of Commerce, 
National Association of Manufacturers, agriculture, construction 
industry, shippers, and many, many others.
  Mr. Chairman, I strongly urge my colleagues to support this 
legislation and look forward to working with the Senate to get a final 
measure to the President.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  Well, this has been a long time coming, and I congratulate the full 
committee chairman, the subcommittee chair, my ranking member, Eleanor 
Holmes Norton, and all the members of the committee for moving forward 
a good, bipartisan product. None of us got everything we wanted in that 
bill, but there is a lot of good policy in there. The funding still 
leaves a lot to be desired.
  It will begin to address the infrastructure crisis in America. Mr. 
Chairman, 140,000 bridges need substantial repair or replacement, and 
40 percent of the road surface on the National Highway System has 
deteriorated to the point where you have to dig up the roadbed and 
rebuild the road, not just resurface it, and on our major transit 
systems, our legacy transit systems, $84 billion to bring them up to a 
state of good repair--$84 billion. It is so bad that they are actually 
killing people here in Washington, D.C., because of the decrepit nature 
of the mass transit system.
  Mr. Chairman, this bill will begin to deal with those issues. It will 
give the States a 6-year planning horizon so they can plan longer term 
projects. Longer term projects mean more bang for the buck and more 
jobs will be created.
  The bill also increases the percentage for Buy America so we will 
create more jobs here in America in the area of transit. In fact, the 
strongest Buy America requirements for all Federal procurement--much 
stronger than the Pentagon--are in transportation. So these dollars 
recirculate in our economy. They employ Americans, and they subcontract 
with American small businesses. Those moneys recirculate in our 
communities and can create real growth and wealth.
  But as I mentioned earlier, we are still not certain whether there 
will be amendments allowed, and a number of Members have contributed to 
the Rules Committee proposals to increase funding with one form or 
another of user fee. User fee has been the tradition since Dwight David 
Eisenhower said that this will be a self-funded program funded by gas 
tax. The Federal gas tax hasn't gone up since 1993--18.3 cents a 
gallon. There are many meritorious proposals to change that in 
different ways, to index it, to have a temporary increase with a 
commission, a barrel tax, and a straight-up increase in the gas tax to 
have it catch up with inflation. There is a myriad of them out there, 
and I hope that some are allowed and that this body is allowed to work 
its will.
  Eight all-red States have raised their gas tax in the last year, and 
not a single State representative or senator has been recalled or lost 
their election because of it. The American people get it. If they don't 
want to blow out their tires and break their rims in potholes, we need 
to invest. If they don't want to be detoured around closed or weight-
limited bridges, we need to invest. If they wonder whether they are 
going to get there alive or get there at all when they get on a mass 
transit system, we need to invest at every level.
  The investment is not what it should be in this bill, but there are 
many good policies. There are new, national, first-time-ever major 
freight and highway projects of national and regional importance. We 
need a focus on moving our freight more efficiently in this country. As 
I mentioned earlier, we are getting an increase in Buy America. We also 
reform the workforce retraining programs which will create career 
pathways for minorities, women, veterans, individuals with 
disabilities, and low-income workers.
  It boosts funding for railway-highway grade crossings to save lives 
and improve safety, motor carrier safety grants, and National Highway 
Traffic Safety Administration grants. It ensures higher standards for 
transit safety, protects bus driver safety, and encourages States to 
provide mental health and substance abuse treatment for DUI offenders.
  It improves safety for the transport of hazardous materials and 
provides critical protections for crude-by-rail shipments. It will 
provide more information for State emergency responders, and it will 
require comprehensive--it is amazing we don't have that now--oil spill 
response plans, and it will increase the safety of oil tank cars by 
requiring thermal blankets and other improvements.

  All in all, there is much, much to commend in this bill. It also 
looks to the future, and it would put in $115 million to allow States 
to test new ways of raising the money necessary to rebuild, maintain, 
and improve the efficiency of our national transportation system, 
whether it would be vehicle miles traveled or other, new innovative 
ideas, and that is what we have got to look toward in the future. We 
cannot continue just on a gas and diesel tax forever.
  So I, again, applaud the chairman, the subcommittee chairman, and my 
colleagues on the committee. I look forward to a long, robust, and open 
debate over amendments. Hopefully the bill will come out of that 
process improved and not damaged and will get broad support here on the 
floor of the House.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
California (Mr. Denham), the subcommittee chairman on Railroads, 
Pipelines, and Hazardous Materials.
  Mr. DENHAM. Mr. Chairman, I thank Mr. DeFazio and Mr. Capuano for 
working with us on title VII of this

[[Page H7414]]

bill, the Hazardous Materials Transportation Safety Improvement Act of 
2015.
  Hazardous materials are the backbone of our industrial society, and 
these products are transported by all modes, used in every State, and 
distributed worldwide. This title will significantly enhance the safety 
of moving these products.
  First, the title will significantly strengthen the safety of crude-
by-rail shipments. After pushing DOT for years to update their 
regulations to make these train movements safer, DOT finally issued 
final regulations in May. However, the rule fell short in several 
areas, and, therefore, we have included several provisions to fix their 
shortcomings.
  We require all new tank cars carrying flammable liquids to have a 
thermal blanket, something DOT failed to do, something that is new in 
this bill. We also require the railroads to create oil spill emergency 
response plans similar to what pipeline operators are required to do. 
Additionally, we ensure that railroads continue to provide States and 
local emergency responders with information on crude-by-rail shipments 
within their States.
  Further, we included a provision at markup that fixes a loophole that 
would allow more than 35,000 legacy DOT-111 tank cars to remain in 
service in perpetuity. This provision will require those cars be 
upgraded to increase the safety of our railroads. I believe it will 
significantly improve the safety of hazardous materials transportation, 
particularly the crude-by-rail shipments.
  Improving safety of crude-by-rail has been one of my top priorities 
as chairman of the Railroads, Pipelines, and Hazardous Materials 
Subcommittee, and I am pleased to be moving these provisions forward.
  We also make significant improvements to DOT's hazardous materials 
safety and grant programs. We streamline and speed up the special 
permits and approvals process to give industry more certainty. We also 
reform an underutilized grant program to help States train more 
emergency responders and better plan for incidents.
  Separately, this bill includes reforms that I have long championed 
and is based on legislation I authored, the NEPA Reciprocity Act.
  Local governments in States with environmental laws equal to or more 
stringent than NEPA will have the ability to complete one comprehensive 
environmental review. This will eliminate duplicative environmental 
reviews and save millions of dollars and years in project delivery time 
while still ensuring appropriate steps are taken to mitigate the 
environmental impact. This reform is bipartisan and supported by the 
National Association of Counties.
  Finally, an amendment I offered in committee is included in this. It 
encourages the development of pollinator habitat along roadsides and 
rights-of-way. Pollinators are essential to a vibrant and productive 
farm industry and for the health and welfare of our Nation's food 
supply.
  Mr. Chairman, I appreciate the good, bipartisan reforms in this 
legislation. Again, I want to thank Chairman Shuster, Ranking Member 
DeFazio, and Ranking Member Capuano for the many improvements to this 
bill.
  Mr. DeFAZIO. Mr. Chairman, I yield 4 minutes to the gentlewoman from 
the District of Columbia, Eleanor Holmes Norton, the ranking member.
  Ms. NORTON. Mr. Chairman, I thank my good friend and--in this 
enterprise--my partner, along with the informal partnership we made 
with our Republican chairs. And that is what it has been: an informal 
partnership with Members and also with staff.
  I want to recognize the countless hours of staff time that went into 
what is really, in many ways, a complicated bill. The four of us are 
cosponsors, original cosponsors, of this bill, indicating its 
bipartisan nature.
  Because Ranking Member DeFazio has gone down many of the important 
parts of the bill, I want to speak to three or four that I think are of 
particular significance.
  Let's start with funding. We understand that funding is at the core 
of any transportation, transit, and infrastructure bill. We also 
understand that there may be barely enough funding to get through 2\1/
2\ years and that this is a 6-year bill in name and intent only, but it 
does amount to a 6-year promise, and we must keep that promise.
  I appreciate that this bill is on the floor this week because States 
have so little money that they have virtually ceased beginning major 
projects, and those are the projects that they most need. The States 
will be disappointed that the funding is essentially the same as it was 
in the prior bill, MAP-21, except for inflation, which, of course, has 
been virtually nonexistent. But they will be grateful for what this 
bill provides for the immediate future, unlike our short-term 
reauthorizations.

                              {time}  1445

  The shortcomings of this bill should not obscure what makes this bill 
unique. It is genuinely bipartisan. It was approved unanimously in 
committee. When does that happen in this Congress? Democrats and 
Republicans put aside their many differences, giving up much of what 
they believe they need. I hope this bill will be a model for how to 
proceed in the future.
  Let me say a word about major projects. The administration had a 
``Projects of National Significance'' section in its bill. We have a 
different major projects section, but it is somewhat comparable. It is 
meant for transformational investments of the kind that are solely 
needed throughout the United States: megaprojects. Now States will 
compete for the funding.
  What is also important in this program of national significance is 
that it includes freight. For the first time, I think, this bill 
recognizes that whatever we do with transportation and infrastructure, 
we should have in mind its intermodal connections, and freight is a 
very important part of those connections.
  I want to mention a 21st-century approach to the highway trust fund, 
a provision I especially pressed for. I regard this provision as a 
provision of overriding importance. When I say a 21st-century highway 
trust fund, I mean a trust fund that lasts or can last for 6 years. We 
are still in the throes of a 1950s highway trust fund. In the last 
authorization bill, we did nothing to move forward to update the trust 
fund.
  The CHAIR. The time of the gentlewoman has expired.
  Mr. DeFAZIO. I yield the gentlewoman an additional 2 minutes.
  Ms. NORTON. I thank my good friend for yielding.
  The States have done spade work, however, Oregon, Washington, 
California. So there is $20 million to encourage them to do more. We 
know what some of these experiments are, vehicle miles, et cetera. 
Think of new ways. We need to encourage this experiment if we are to 
fund the trust fund in the future.
  Another one of my priorities which is relevant to every State is in 
this bill, and that is the takeover of the DC-MD-VA Metrorail by the 
Department of Transportation. That was envisioned in MAP-21. It is not 
very unusual.
  In addition, this bill authorizes the so-called minority business 
contract DBE Program, which is available to racial and ethnic 
minorities, women and service-disabled veterans. They are the only 
groups which under the Constitution may obtain this special 
recognition. The bill enhances Buy America. It has workforce 
development. It enhances the safety of bus riders and of bus drivers.
  There is $40 million here to encourage State-based efforts to combat 
racial profiling and we have seen people in the streets for that one. I 
am so pleased that there was bipartisan support for that and other 
provisions.
  I look forward to the continuation of the bipartisan partnership we 
have had as we go forward to the Senate to produce a comprehensive 
bipartisan, bicameral bill.
  Mr. SHUSTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Tennessee (Mr. Duncan), the vice chairman of the full committee and the 
chair of two critical panels, the P3 panel and the freight movement 
panel, that developed a lot of what is in this bill. I appreciate his 
work on that.
  Mr. DUNCAN of Tennessee. Mr. Chairman, I thank the chairman for 
yielding me this time. I want to congratulate and thank Chairman 
Shuster for his great leadership of our committee and especially his 
hard work on this legislation. I also want to thank my friend, Ranking 
Member DeFazio, for his great work on this bill.

[[Page H7415]]

  I rise, Mr. Chairman, in strong support of this very important 
legislation, this major legislation, that will reauthorize our highway 
and transit programs.
  We have spent megabillions rebuilding the Middle East over the last 
15 years, and I am so pleased that we are now doing major legislation 
to help rebuild America.
  I want to thank the chairman and ranking member for including a 
number of provisions in this bill that I have requested and I think are 
very important.
  First, I want to thank them for the environmental streamlining 
provisions that we have worked on for so long on our committee to try 
to speed up major projects and bring down their costs so that we can do 
more good things for this country.
  Secondly, I am very pleased that many of the recommendations from the 
special panels on freight transportation and on public-private 
partnerships, the panels that the chairman just mentioned that he gave 
me the privilege of chairing, were included in this bill.
  Third, I am pleased that this bill extends the current provisions of 
law that prevent the use of Federal funds for red light cameras. Many 
local governments have used these cameras simply as revenue measures 
without actually making any improvements in safety.
  Fourth, this bill directs the Federal Motor Carrier Safety 
Administration to conduct a study on the waiting times for skills 
testing for truck drivers after going through truck driving courses.
  In some States, these wait times have become very long, and most 
graduates cannot afford to wait a long time to take these tests. We 
already have a shortage of truck drivers.
  This part of the legislation will help improve or do something about 
that shortage that the trucking companies have so much difficulty with 
at this time finding adequate personnel.
  Finally, this bill includes provisions of legislation that I have 
introduced that clarifies hiring standards for freight brokers. I will 
have a technical amendment to this section later to make sure that 
small trucking companies are not hurt and that they also will be helped 
by this provision.
  I simply want to close by saying that I support this legislation 
which will improve the safety of our highways, create thousands of jobs 
in this country, and help reduce congestion all across this Nation.
  Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from 
New York (Mr. Nadler).
  Mr. NADLER. Mr. Chairman, I thank the gentleman for yielding.
  Mr. Chairman, I rise in support of the Surface Transportation 
Reauthorization bill.
  I want to thank Chairman Shuster and Ranking Member DeFazio for 
developing a bipartisan bill that is generally balanced and makes 
significant improvements in some key areas.
  I am concerned that the funding levels in the bill are simply not 
high enough. We have an almost $1 trillion backlog on our highways, 
bridges, rail, and transit system, yet this bill provides flat funding 
of just $325 billion over 6 years. Finding bipartisan consensus on 
revenue is challenging, but I am confident that a majority in Congress 
would support funding higher-than-baseline levels with small increases 
for inflation.
  Despite the funding challenges, the bill makes a major improvement by 
creating the Nationally Significant Freight and Highway Projects 
program, which will provide guaranteed dedicated funding for large-
scale multimodal projects critical to our regional and national 
economy.
  This was a key recommendation of the freight panel on which I was 
ranking member with Mr. Duncan as chairman. It is essential that we 
assist projects that are too big or complex for States to address on 
their own.
  We made some progress in SAFETEA-LU and MAP-21, but this bill finally 
gets it right and corrects decades of neglect by providing guaranteed 
funding for multimodal freight projects.
  There is an aggregate cap of $500 million on non-highway projects, 
which equals about 11 percent of the program. This seems arbitrarily 
low, given that 25 to 30 percent of the bill is funded through general 
revenue.
  We should let all projects compete and not dilute the selection 
process with caps and set-asides. But the freight program created in 
this bill is a groundbreaking achievement. I thank Chairman Shuster and 
Ranking Member DeFazio for their commitment.
  On transit, there are good provisions in the bill on transit worker 
safety and workforce development. I oppose dropping the New Starts 
Federal share from 80 percent to 50 percent. There is a similar 
provision dropping the Federal share to 50 percent in the freight grant 
program.
  This is a developing trend that is shifting the burden to States and 
localities and punishing them for our failure to adequately invest in 
infrastructure. There are provisions restricting the use for various 
transportation programs for transit projects, which we hope to correct 
through the amendment process later today.
  There are some objectionable provisions regarding environmental 
streamlining and motor carrier safety, but I am pleased that the bill 
does not broadly increase truck size or weights. I will oppose any 
amendments to add such dangerous poison pills.
  Overall, this bill is balanced, and I support moving it forward. I 
thank Chairman Shuster and Ranking Member DeFazio for working with us 
to defend and improve the bill as it moves through the process.
  Mr. SHUSTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Missouri (Mr. Graves), the subcommittee chairman on Highways and 
Transit.
  Mr. GRAVES of Missouri. Mr. Chairman, I want to commend the chairman 
and ranking member for their ability and, for that matter, all my 
colleagues on the committee for our ability to be able to work together 
and come up with what I think is a truly good bill.
  I rise in support of the Surface Transportation Reauthorization and 
Reform Act.
  The bill reauthorizes programs within the Federal Highway 
Administration and provides much-needed investments in our Nation's 
highways and bridges.
  It also focuses existing funding to create a Nationally Significant 
Freight and Highway Projects program for large-scale projects while 
making a large number of reforms that will ensure our transportation 
dollars are put to good use.
  These include streamlining the environmental review and permitting 
process, converting the Surface Transportation Program to a block grant 
program, maximizing the flexibility for States and local governments, 
increasing the amount of funding that is distributed to local 
governments, expanding funding for rural bridges or those bridges that 
are off the National Highway System, increasing transparency regarding 
how Federal highway dollars are being spent, increasing the focus on 
safety programs particularly of rural roads, and encouraging the 
installation of vehicle-to-infrastructure equipment designed to reduce 
congestion and improve safety on our roads.
  This legislation also reauthorizes Federal public transportation 
programs and implements reforms that are going to ensure transit 
systems are safer and more efficient.
  The safety of our transportation system must always be at the top of 
our priority list. By giving States the flexibility to focus on the 
safety needs unique to each community, we can allow them to take 
advantage of new technologies that are going to reduce accidents and 
roadway fatalities across this country. We can maintain a focus on 
safety without imposing undue and duplicative regulatory burdens on 
States.
  This bill requires the Federal Motor Carrier Safety Administration to 
review regulations every 5 years to ensure they are current, 
consistent, and uniformly enforced, allowing us to focus on policies 
that save lives and abandon those that do not. It also requires FMCSA 
to look into the effects of raising minimum insurance standards for 
truck and bus drivers.
  I am proud to have been a part of the development of this bipartisan 
bill. I look forward to moving forward and going to conference with the 
Senate.
  Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
Florida (Ms. Brown).
  Ms. BROWN of Florida. Mr. Chairman, first of all, I want to thank the

[[Page H7416]]

committee leadership for developing a fair bill that addresses many of 
the most pressing needs of our country. Particularly, I want to thank 
Mr. Shuster and Mr. DeFazio.
  This important legislation includes a critical freight grant program, 
but we need to ensure that all modes of transportation are treated 
equally in the program and should remove any caps on funding for these 
entities.
  It also continues the Transportation Alternatives Program, TAP, and 
creates a new non-motorized safety grant program, which is critical to 
my home State of Florida, where several cities have the highest 
pedestrian fatality rates in the Nation.
  Transportation is the backbone of our country. Unfortunately, without 
critically needed additional funding, we are robbing Peter to pay Paul 
and forcing our State and local transportation agencies to pay more.
  Like most Members and stakeholders, I miss the past when our 
committee developed long-term bills with dedicated funding that gave 
States, local governments, and other transportation stakeholders some 
stability to plan for future transportation needs and make the 
investment in equipment and manpower needed to implement these 
projects.
  Transportation and infrastructure funding is absolutely critical to 
our Nation and, if properly funded, serves as a tremendous economic 
boost and job creator. In fact, Department of Transportation statistics 
show that for every billion dollars invested in transportation, it 
generates 44,000 permanent jobs and $6.2 billion in economic activity.
  We are no longer competing, as States; we are competing with China, 
Japan, and the European Union, all of whom are spending much more on 
transportation and infrastructure than the United States. We are the 
caboose, and they don't even use cabooses anymore.
  Sadly, the Republican leadership lacks real vision. Without vision, 
the people perish. The traveling public is pleading with Congress to 
make transportation and infrastructure a priority. When this happens, 
we can put millions of hardworking Americans back to work fixing our 
Nation's crumbling infrastructure and preparing our country for the 
future.

                              {time}  1500

  Mr. SHUSTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from New York (Mr. Hanna), who, I believe, still has his CDL or 
Operating Engineering License.
  Mr. HANNA. I thank the chairman.
  And I still have my union card.
  Mr. Chairman, this long-term bill represents years of work from the 
Transportation and Infrastructure Committee, and it is a credit to the 
leadership of both Chairman Shuster and Ranking Member DeFazio.
  Mr. Chairman, I would like to highlight two provisions:
  First, this bill restores the ability of States to use up to 10 
percent of their funds to capitalize State Infrastructure Banks. These 
banks free up capital to invest in projects in smaller communities 
where funding and resources are otherwise unavailable;
  Second, it authorizes a pilot program to allow younger CDL holders to 
drive across State lines.
  Every State but Hawaii allows 18-year-olds to obtain a CDL and drive 
a truck, but Federal law prevents them from crossing State borders. In 
New York, an 18-year-old can drive nearly 500 miles from Buffalo to 
Long Island, yet cannot drive the 15 miles across the border from 
Binghamton to Pennsylvania.
  This provision will create opportunities for good-paying jobs, and it 
supports local economies while keeping our roads safe.
  I urge my colleagues to support this bill.
  Mr. DeFAZIO. Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Nevada (Mr. Hardy).
  Mr. HARDY. Mr. Chairman, I stand to address the importance of long-
term funding within the transportation sector of our economy.
  As a former general contractor who built roads, bridges, and dams, I 
understand how uncertainty can derail the ability to plan and design.
  Transportation planning decisions are not made that cover the 
timeframe of a month, and transportation planning decisions are not 
made for the timeframe that cover a year. Transportation and 
infrastructure planning decisions are made to stretch out over years. I 
am talking about master planning. These are decisions that reach out to 
5, 10, and even 15 years.
  This bill addresses the long-term needs of our country. It speaks to 
the multiyear planners--the States that are planning years in advance 
for major infrastructure projects. We can't operate on short-term 
fixes. We can't continue to kick these important decisions down the 
road. We can't operate on short-term patches. Jobs are not created 
through interim and stopgap bills. Our country needs this certainty. 
Our citizens deserve this certainty.
  This bill does just that: it plans for the future, and it provides 
for certainty. It contains many great provisions: from the crucial 
extension of Interstate 11 from the city of Las Vegas north to I-80 in 
northern Nevada, to returning flexibility to all States.
  This bill demonstrates the bipartisan nature of this body in 
Congress. This committee worked across the aisle to form solid language 
on issues that are, in nature, bipartisan. I hope we can continue this 
momentum well beyond the debate and bring certainty to this House, to 
our States, and to our country.
  Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate my colleague's courtesy in permitting me 
to speak on this.
  Mr. Chairman, I do appreciate what the Transportation and 
Infrastructure Committee is doing. I feel a bit empty in no longer 
being on the committee. That is why I try and show up as often as I can 
when you have things on the floor. There is a soft spot in my heart for 
the committee, and it is nice to see a Shuster again chairing the 
committee.
  I appreciate your moving forward to try and call the question. Yours 
has been a difficult task because the committee on which I sit, the 
Ways and Means Committee, has yet to address, in a comprehensive way, 
the long-term funding. Your job is made much more difficult because you 
are forced to deal with paying for 2015 infrastructure through 2021 
with 1993 dollars, and it doesn't much work.
  In a few minutes, I will be offering to the Rules Committee 
legislation that I have introduced that is supported by the AFL-CIO, 
the U.S. Chamber of Commerce, truckers, AAA, bicyclists, engineers, 
local government--the widest array of alliances supporting a major 
piece of legislation here on Capitol Hill. I am not extremely confident 
that it will be made in order, but I think it is something that should.
  Unless and until we deal with adjusting the user fee, we are going to 
continue dealing with cats and dogs, short-term fixes, having 
uncertainty, and destroying the principle of user pays, which has been 
undergirding transportation finance in this country since Oregon gave 
you the first gas tax dedicated to transportation in 1919.
  I must say that I appreciate the committee looking at transportation 
for the future. At a time when the number one area of employment for 
American men is as drivers, we are about to see dramatic changes in 
technology, in utilization that is going to change the landscape.
  I appreciate the committee exploring areas of technological 
innovation. These are areas in which we must accelerate our work lest 
we be overcome by circumstances. It is a tremendous opportunity for us 
to get more value out of the transportation system with more safety, to 
get more efficient, and to be able to open up a whole array of economic 
opportunities. If we don't get ahead of it, it is going to be very 
disruptive.
  I must say I am a little dismayed that the bill proposes flat funding 
for something near and dear, I think, to the hearts of a number of us 
in dealing with pedestrian and cycling activities. We can do better 
than that, and I hope, through the amendment process and the give-and-
take between the House and the Senate, particularly if we are able to 
give you the funding you need, we can remedy that.
  The CHAIR. The time of the gentleman has expired.
  Mr. DeFAZIO. I yield the gentleman an additional 1 minute.

[[Page H7417]]

  

  Mr. BLUMENAUER. In the meantime, I appreciate what has been done, the 
manner in which it has been approached, and the effort to try and bring 
people together.
  Historically, infrastructure was something that was bipartisan in 
nature, that made people feel good about the process; and it is, of 
course, the fastest way to put millions of Americans to work at family-
wage jobs while they improve communities from coast to coast. I look 
forward to working with the committee as it works its way through the 
process to make it the best that we can for the multiple objectives 
that we all share.
  Mr. SHUSTER. Mr. Chairman, I yield 1 minute to the gentleman from 
upstate New York (Mr. Katko), a new member of the committee and one of 
our hardest working members.
  Mr. KATKO. I thank the gentleman for yielding.
  Mr. Chairman, I am proud to support the Surface Transportation Reform 
and Reauthorization Act.
  This legislation is a product of hard work, done in a bipartisan 
manner, and it will give State and local governments some funding 
certainty for the first time in a long time.
  The bill makes important reforms that will speed up planning and 
permitting, that will give State and local governments increased 
control over transportation funds, that will help deal with freight 
bottlenecks, and that will provide new avenues to finance projects. 
After 35 short-term extensions to transportation programs since 2009, 
this long-term bill is exactly what we need.
  I want to thank Chairman Shuster and Ranking Member DeFazio for the 
hard work they have put in to building a bipartisan consensus around 
this bill on the Transportation and Infrastructure Committee, and I 
hope the full House will join with us today to move this very important 
legislation forward.
  Mr. DeFAZIO. Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield 1 minute to the gentlewoman from 
southern California (Mrs. Mimi Walters), another new and hardworking 
Member.
  Mrs. MIMI WALTERS of California. Mr. Chairman, I rise today in 
support of H.R. 22.
  As a member of the House Transportation and Infrastructure Committee, 
I have had the pleasure of working with Chairman Shuster to put forth a 
fiscally responsible, long-term bill that will fund our Nation's 
transportation and infrastructure needs.
  This bill includes provisions which would make our highway system 
more efficient, direct more power and flexibility to States and local 
governments, cut through bureaucratic red tape, and maintain a strong 
commitment to safety.
  The importance of our surface transportation system cannot be 
overstated. It is an integral part of our economic engine, and it is 
vital to our Nation's movement of goods. In fact, a significant number 
of consumer goods move through my congressional district, which 
provides transportation connectivity between the Ports of Los Angeles 
and Long Beach and other cities throughout the region. This bill will 
ensure the safe and efficient movement of freight throughout southern 
California and the rest of the country.
  I am pleased to stand before you today in support of this bill, which 
will ultimately improve the overall quality of life for all Americans.
  Mr. DeFAZIO. Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield 1 minute to the gentlewoman from 
northern Virginia (Mrs. Comstock).
  Mrs. COMSTOCK. I thank the chairman.
  I would like to reiterate my thanks to the chairman and to everyone 
on the committee for working with so many Members on this bipartisan 
surface transportation reauthorization, which is very important 
legislation.
  Mr. Chairman, included in this bill is a provision that is vital not 
only to the entire national capital region but also to my district. It 
contains the text of the Protect Riders of Metrorail Public 
Transportation Act, which is the product of collaborative efforts 
between Ms. Norton, Ms. Edwards of Maryland, and me.
  The language facilitates a necessary change to the safety oversight 
structure of the Washington Metrorail system in the wake of recent 
accidents and incidents, safety problems, and problems in the 
reliability of the system. It does so by reinforcing and expanding the 
authority of the Secretary to use the Federal Transit Administration to 
directly oversee Metro and to provide safety and reliability to our 
commuters.
  Our Metro is the second busiest transit system in the country, and it 
must be the gold standard in safety as well as in reliability because 
it serves our entire Federal workforce as well as our many visitors to 
this important national capital region.
  The CHAIR. The time of the gentlewoman has expired.
  Mr. SHUSTER. I yield the gentlewoman an additional 30 seconds.
  Mrs. COMSTOCK. Again, I thank the chairman, and I thank everyone 
involved in this important legislation, of which I am happy to rise in 
support.
  Mr. DeFAZIO. Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Indiana (Mr. Rokita).
  Mr. ROKITA. I thank Chairman Shuster, Ranking Member DeFazio, and the 
chairmen and ranking members of the subcommittees for their excellent 
work on this.
  Mr. Chairman, I appreciate the certainty, flexibility, and power this 
legislation gives back to our States, and I look forward to supporting 
it.
  I would like to focus on a voluntary, multiple-use program that is in 
this bill. It is an innovative way to give States more flexibility that 
is commensurate with the design of this bill.
  Critical commerce corridors, otherwise known as CCCs, use our 
existing interstate system to provide for the physical separation of 
passenger vehicles from commercial motor vehicles, dedicated on-and-off 
ramps, and freight exchange centers for the movement of freight between 
and among modes of transportation. These lanes are constructed with a 
physical separation of passenger and commercial motor freight, and they 
would be structurally enhanced to handle dedicated freight traffic. 
This promotes a greater level of safety while making the movement of 
freight traffic more efficient.
  Unfortunately, this very definition of ``CCC'' isn't in the bill's 
language, although committee staff have been working on it in a very 
bipartisan manner, and I thank them for it.
  Mr. Chairman, you have heard on multiple occasions what CCCs are. Is 
this program something that you and other leaders who have worked on 
this bill can support?
  I yield to the gentleman from Pennsylvania (Mr. Shuster).

  Mr. SHUSTER. I look forward to working with the gentleman on this 
language and moving it to conference.
  It sounds to me like you have put a lot of work into it, and I look 
forward to continuing that work in Congress.
  Mr. ROKITA. Reclaiming my time, I appreciate that, Mr. Chairman.
  It is important for Congress to give the term ``critical commerce 
corridor'' meaning. We have seen the dangers of leaving terms undefined 
and of relying on the agency to create a definition that could be 
nowhere near what Congress intended.
  Again, I thank the chairman and the ranking member for all of their 
hard work.
  Indiana is known as the Crossroads of America, and the CCC concept 
actually comes from Indiana and, in part, Purdue Universities. I thank 
the chairman for his commitment that the critical commerce corridor 
concept is defined appropriately in the legislation as we go through 
the process.
  Mr. DeFAZIO. Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Illinois (Mr. Hultgren).
  Mr. HULTGREN. I thank the chairman.
  Mr. Chairman, first, I would like to acknowledge the difficult and 
challenging job Chairman Shuster and the committee have had in crafting 
this bill. I commend his leadership and hard work on this critically 
important bill.
  This bill dedicates grant funding to freight and highway projects of 
national significance. Though this program is of vital importance to 
projects in our districts, there appears to be a bias on how the vast 
majority of funds

[[Page H7418]]

have been awarded by the U.S. Department of Transportation, and 
suburban projects appear to often be ignored.
  For instance, H.R. 3763 converts the Surface Transportation Program, 
or STP, to a grant program with the intention of allowing States added 
flexibility in receiving funding for local projects. I ask the chairman 
to be mindful of the distribution of such funding levels as it pertains 
to suburban projects.
  Understanding the difficult choices the chairman has had to make to 
get this bill through the House, I would ask that, as this bill moves 
to conference, we work together to find some level of equitable 
distribution of Federal funds to suburban areas.
  I yield to the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. I will continue to work with the gentleman on this issue 
as it moves to conference.
  Mr. HULTGREN. Reclaiming my time, I thank the chairman for his 
response and for his leadership on the committee, and I look forward to 
working with him on this important issue.

                              {time}  1515

  Mr. DeFAZIO. I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chair, I don't believe we have any more speakers 
left.
  How many minutes do we each have?
  The CHAIR. The gentleman from Pennsylvania has 9 minutes remaining. 
The gentleman from Oregon has 10\1/2\ minutes remaining.
  Mr. SHUSTER. I am ready to close. So I reserve the balance of my 
time.
  Mr. DeFAZIO. Mr. Chair, as I said earlier, this bill at this point is 
an excellent product policy-wise. We will vigorously debate 
improvements and potentially problematic amendments over the next 2 
days and, hopefully, have a similar or an improved product in the end. 
Whether or not we will be allowed to attempt to augment the funding 
remains to be seen.
  With that, we are off to a good start. I look forward to the coming 
debate.
  I yield back the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I am sure I can count on the gentleman 
from Oregon to continue his vigorous debate on the issues we have had 
for months.
  Again, the STRR Act is absolutely critical to America and to our 
economy. It is a good bipartisan bill that has widespread support.
  Mr. Chairman, I encourage all Members to support this bill.
  I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the Senate amendment shall be considered for 
amendment under the 5-minute rule.
  The amendment printed in part A of House Report 114-325 is adopted. 
The Senate amendment, as amended, shall be considered as read.
  The text of the Senate amendment, as amended, is as follows:

Strike all after the enacting clause and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Developing a Reliable and 
     Innovative Vision for the Economy Act'' or the ``DRIVE Act''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into 9 divisions as 
     follows:
       (1) Division A-Federal-aid Highways and Highway Safety 
     Construction Programs.
       (2) Division B-Public Transportation.
       (3) Division C-Comprehensive Transportation and Consumer 
     Protection Act of 2015.
       (4) Division D-Freight and Major Projects.
       (5) Division E-Finance.
       (6) Division F-Miscellaneous.
       (7) Division G-Surface Transportation Extension.
       (8) Division H-Budgetary Effects.
       (9) Division I-Export-Import Bank of the United States.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
Sec. 4. Effective date.

   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 11001. Authorization of appropriations.
Sec. 11002. Obligation ceiling.
Sec. 11003. Apportionment.
Sec. 11004. Surface transportation program.
Sec. 11005. Metropolitan transportation planning.
Sec. 11006. Statewide and nonmetropolitan transportation planning.
Sec. 11007. Highway use tax evasion projects.
Sec. 11008. Bundling of bridge projects.
Sec. 11009. Flexibility for certain rural road and bridge projects.
Sec. 11010. Construction of ferry boats and ferry terminal facilities.
Sec. 11011. Highway safety improvement program.
Sec. 11012. Data collection on unpaved public roads.
Sec. 11013. Congestion mitigation and air quality improvement program.
Sec. 11014. Transportation alternatives.
Sec. 11015. Consolidation of programs.
Sec. 11016. State flexibility for National Highway System 
              modifications.
Sec. 11017. Toll roads, bridges, tunnels, and ferries.
Sec. 11018. HOV facilities.
Sec. 11019. Interstate system reconstruction and rehabilitation pilot 
              program.
Sec. 11020. Emergency relief for federally owned roads.
Sec. 11021. Bridges requiring closure or load restrictions.
Sec. 11022. National electric vehicle charging and natural gas fueling 
              corridors.
Sec. 11023. Asset management.
Sec. 11024. Tribal transportation program amendment.
Sec. 11025. Nationally significant Federal lands and Tribal projects 
              program.
Sec. 11026. Federal lands programmatic activities.
Sec. 11027. Federal lands transportation program.
Sec. 11028. Innovative project delivery.
Sec. 11029. Obligation and release of funds.

              Subtitle B--Acceleration of Project Delivery

Sec. 11101. Categorical exclusion for projects of limited Federal 
              assistance.
Sec. 11102. Programmatic agreement template.
Sec. 11103. Agency coordination.
Sec. 11104. Initiation of environmental review process.
Sec. 11105. Improving collaboration for accelerated decision making.
Sec. 11106. Accelerated decisionmaking in environmental reviews.
Sec. 11107. Improving transparency in environmental reviews.
Sec. 11108. Integration of planning and environmental review.
Sec. 11109. Use of programmatic mitigation plans.
Sec. 11110. Adoption of Departmental environmental documents.
Sec. 11111. Technical assistance for States.
Sec. 11112. Surface transportation project delivery program.
Sec. 11113. Categorical exclusions for multimodal projects.
Sec. 11114. Modernization of the environmental review process.
Sec. 11115. Service club, charitable association, or religious service 
              signs.
Sec. 11116. Satisfaction of requirements for certain historic sites.
Sec. 11117. Bridge exemption from consideration under certain 
              provisions.
Sec. 11118. Elimination of barriers to improve at-risk bridges.
Sec. 11119. At-risk project preagreement authority.

                       Subtitle C--Miscellaneous

Sec. 11201. Credits for untaxed transportation fuels.
Sec. 11202. Justification reports for access points on the Interstate 
              System.
Sec. 11203. Exemptions.
Sec. 11204. High priority corridors on the National Highway System.
Sec. 11205. Repeat intoxicated driver law.
Sec. 11206. Vehicle-to-infrastructure equipment.
Sec. 11207. Relinquishment.
Sec. 11208. Transfer and sale of toll credits.
Sec. 11209. Regional infrastructure accelerator demonstration program.
Sec. 11210. Sonoran Corridor Interstate development.

                  TITLE II--TRANSPORTATION INNOVATION

                          Subtitle A--Research

Sec. 12001. Research, technology, and education.
Sec. 12002. Intelligent transportation systems.
Sec. 12003. Future interstate study.
Sec. 12004. Researching surface transportation system funding 
              alternatives.

                            Subtitle B--Data

Sec. 12101. Tribal data collection.
Sec. 12102. Performance management data support program.

              Subtitle C--Transparency and Best Practices

Sec. 12201. Every Day Counts initiative.
Sec. 12202. Department of Transportation performance measures.
Sec. 12203. Grant program for achievement in transportation for 
              performance and innovation.
Sec. 12204. Highway trust fund transparency and accountability.
Sec. 12205. Report on highway trust fund administrative expenditures.
Sec. 12206. Availability of reports.
Sec. 12207. Performance period adjustment.
Sec. 12208. Design standards.

TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
                            1998 AMENDMENTS

Sec. 13001. Transportation Infrastructure Finance and Innovation Act of 
              1998 amendments.

                    TITLE IV--TECHNICAL CORRECTIONS

Sec. 14001. Technical corrections.

                         TITLE V--MISCELLANEOUS

Sec. 15001. Appalachian development highway system.
Sec. 15002. Appalachian regional development program.

[[Page H7419]]

Sec. 15003. Water infrastructure finance and innovation.
Sec. 15004. Administrative provisions to encourage pollinator habitat 
              and forage on transportation rights-of-way.
Sec. 15005. Study on performance of bridges.
Sec. 15006. Sport fish restoration and recreational boating safety.

                   DIVISION B--PUBLIC TRANSPORTATION

              TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT

Sec. 21001. Short title.
Sec. 21002. Definitions.
Sec. 21003. Metropolitan transportation planning.
Sec. 21004. Statewide and nonmetropolitan transportation planning.
Sec. 21005. Urbanized area formula grants.
Sec. 21006. Fixed guideway capital investment grants.
Sec. 21007. Mobility of seniors and individuals with disabilities.
Sec. 21008. Formula grants for rural areas.
Sec. 21009. Research, development, demonstration, and deployment 
              program.
Sec. 21010. Private sector participation.
Sec. 21011. Innovative procurement.
Sec. 21012. Human resources and training.
Sec. 21013. General provisions.
Sec. 21014. Project management oversight.
Sec. 21015. Public transportation safety program.
Sec. 21016. State of good repair grants.
Sec. 21017. Authorizations.
Sec. 21018. Grants for bus and bus facilities.
Sec. 21019. Salary of Federal Transit Administrator.
Sec. 21020. Technical and conforming amendments.

DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 
                                  2015

Sec. 31001. Short title.
Sec. 31002. References to title 49, United States Code.
Sec. 31003. Effective date.

                  TITLE XXXI--OFFICE OF THE SECRETARY

               Subtitle A--Accelerating Project Delivery

Sec. 31101. Delegation of authority.
Sec. 31102. Infrastructure Permitting Improvement Center.
Sec. 31103. Accelerated decision-making in environmental reviews.
Sec. 31104. Environmental review alignment and reform.
Sec. 31105. Multimodal categorical exclusions.
Sec. 31106. Improving transparency in environmental reviews.
Sec. 31107. Local transportation infrastructure program.
Sec. 31108. Authorization of grants for positive train control.

                          Subtitle B--Research

Sec. 31201. Findings.
Sec. 31202. Modal research plans.
Sec. 31203. Consolidated research prospectus and strategic plan.
Sec. 31204. Research Ombudsman.
Sec. 31205. Smart cities transportation planning study.
Sec. 31206. Bureau of Transportation Statistics independence.
Sec. 31207. Conforming amendments.
Sec. 31208. Repeal of obsolete office.

                    Subtitle C--Port Performance Act

Sec. 31301. Short title.
Sec. 31302. Findings.
Sec. 31303. Port performance freight statistics program.

       TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS

       Subtitle A--Compliance, Safety, and Accountability Reform

Sec. 32001. Correlation study.
Sec. 32002. Safety improvement metrics.
Sec. 32003. Data certification.
Sec. 32004. Data improvement.
Sec. 32005. Accident report information.
Sec. 32006. Post-accident report review.
Sec. 32007. Recognizing excellence in safety.
Sec. 32008. High risk carrier reviews.

              Subtitle B--Transparency and Accountability

Sec. 32201. Petitions for regulatory relief.
Sec. 32202. Inspector standards.
Sec. 32203. Technology improvements.

  Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety 
                                 Reform

Sec. 32301. Update on statutory requirements.
Sec. 32302. Statutory rulemaking.
Sec. 32303. Guidance reform.
Sec. 32304. Petitions.
Sec. 32305. Regulatory reform.

                     Subtitle D--State Authorities

Sec. 32401. Emergency route working group.
Sec. 32402. Additional State authority.
Sec. 32403. Commercial driver access.

          Subtitle E--Motor Carrier Safety Grant Consolidation

Sec. 32501. Definitions.
Sec. 32502. Grants to States.
Sec. 32503. New entrant safety review program study.
Sec. 32504. Performance and registration information systems 
              management.
Sec. 32505. Authorization of appropriations.
Sec. 32506. Commercial driver's license program implementation.
Sec. 32507. Extension of Federal motor carrier safety programs for 
              fiscal year 2016.
Sec. 32508. Motor carrier safety assistance program allocation.
Sec. 32509. Maintenance of effort calculation.

                  Subtitle F--Miscellaneous Provisions

Sec. 32601. Windshield technology.
Sec. 32602. Electronic logging devices requirements.
Sec. 32603. Lapse of required financial security; suspension of 
              registration.
Sec. 32604. Access to National Driver Register.
Sec. 32605. Study on commercial motor vehicle driver commuting.
Sec. 32606. Household goods consumer protection working group.
Sec. 32607. Interstate van operations.
Sec. 32608. Report on design and implementation of wireless roadside 
              inspection systems.
Sec. 32609. Motorcoach hours of service study.
Sec. 32610. GAO Review of school bus safety.
Sec. 32611. Use of hair testing for preemployment and random controlled 
              substances tests.

                   TITLE XXXIII--HAZARDOUS MATERIALS

Sec. 33101. Endorsements.
Sec. 33102. Enhanced reporting.
Sec. 33103. Hazardous material information.
Sec. 33104. National emergency and disaster response.
Sec. 33105. Authorization of appropriations.

             TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY

                   Subtitle A--Highway Traffic Safety

                         PART I--Highway Safety

Sec. 34101. Authorization of appropriations.
Sec. 34102. Highway safety programs.
Sec. 34103. Grants for alcohol-ignition interlock laws and 24-7 
              sobriety programs.
Sec. 34104. Repeat offender criteria.
Sec. 34105. Study on the national roadside survey of alcohol and drug 
              use by drivers.
Sec. 34106. Increasing public awareness of the dangers of drug-impaired 
              driving.
Sec. 34107. Improvement of data collection on child occupants in 
              vehicle crashes.

            PART II--Stop Motorcycle Checkpoint Funding Act

Sec. 34121. Short title.
Sec. 34122. Grant restriction.

             PART III--Improving Driver Safety Act of 2015

Sec. 34131. Short title.
Sec. 34132. Distracted driving incentive grants.
Sec. 34133. Barriers to data collection report.
Sec. 34134. Minimum requirements for State graduated driver licensing 
              incentive grant program.

              PART IV--Technical and Conforming Amendments

Sec. 34141. Technical corrections to the Motor Vehicle and Highway 
              Safety Improvement Act of 2012.

                       Subtitle B--Vehicle Safety

Sec. 34201. Authorization of appropriations.
Sec. 34202. Inspector General recommendations.
Sec. 34203. Improvements in availability of recall information.
Sec. 34204. Recall process.
Sec. 34205. Pilot grant program for State notification to consumers of 
              motor vehicle recall status.
Sec. 34206. Recall obligations under bankruptcy.
Sec. 34207. Dealer requirement to check for open recall.
Sec. 34208. Extension of time period for remedy of tire defects.
Sec. 34209. Rental car safety.
Sec. 34210. Increase in civil penalties for violations of motor vehicle 
              safety.
Sec. 34211. Electronic odometer disclosures.
Sec. 34212. Corporate responsibility for NHTSA reports.
Sec. 34213. Direct vehicle notification of recalls.
Sec. 34214. Unattended children warning.
Sec. 34215. Tire pressure monitoring system.

      Subtitle C--Research and Development and Vehicle Electronics

Sec. 34301. Report on operations of the Council for Vehicle 
              Electronics, Vehicle Software, and Emerging Technologies.
Sec. 34302. Cooperation with foreign governments.

                  Subtitle D--Miscellaneous Provisions

                   PART I--Driver Privacy Act of 2015

Sec. 34401. Short title.
Sec. 34402. Limitations on data retrieval from vehicle event data 
              recorders.
Sec. 34403. Vehicle event data recorder study.

         PART II--Safety Through Informed Consumers Act of 2015

Sec. 34421. Short title.
Sec. 34422. Passenger motor vehicle information.

    PART III--Tire Efficiency, Safety, and Registration Act of 2015

Sec. 34431. Short title.
Sec. 34432. Tire fuel efficiency minimum performance standards.
Sec. 34433. Tire registration by independent sellers.
Sec. 34434. Tire recall database.

        TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY

Sec. 35001. Short title.
Sec. 35002. Passenger transportation; definitions.

              Subtitle A--Authorization of Appropriations

Sec. 35101. Authorization of grants to Amtrak.
Sec. 35102. National infrastructure and safety investments.
Sec. 35103. Authorization of appropriations for National Transportation 
              Safety Board rail investigations.
Sec. 35104. Authorization of appropriations for Amtrak Office of 
              Inspector General.
Sec. 35105. National cooperative rail research program.

                       Subtitle B--Amtrak Reform

Sec. 35201. Amtrak grant process.

[[Page H7420]]

Sec. 35202. 5-year business line and assets plans.
Sec. 35203. State-supported route committee.
Sec. 35204. Route and service planning decisions.
Sec. 35205. Competition.
Sec. 35206. Rolling stock purchases.
Sec. 35207. Food and beverage policy.
Sec. 35208. Local products and promotional events.
Sec. 35209. Right-of-way leveraging.
Sec. 35210. Station development.
Sec. 35211. Amtrak debt.
Sec. 35212. Amtrak pilot program for passengers transporting 
              domesticated cats and dogs.
Sec. 35213. Amtrak board of directors.
Sec. 35214. Amtrak boarding procedures.

              Subtitle C--Intercity Passenger Rail Policy

Sec. 35301. Competitive operating grants.
Sec. 35302. Federal-State partnership for state of good repair.
Sec. 35303. Large capital project requirements.
Sec. 35304. Small business participation study.
Sec. 35305. Gulf coast rail service working group.
Sec. 35306. Integrated passenger rail working group.
Sec. 35307. Shared-use study.
Sec. 35308. Northeast Corridor Commission.
Sec. 35309. Northeast Corridor through-ticketing and procurement 
              efficiencies.
Sec. 35310. Data and analysis.
Sec. 35311. Performance-based proposals.
Sec. 35312. Amtrak Inspector General.
Sec. 35313. Miscellaneous provisions.

                        Subtitle D--Rail Safety

                       PART I--Safety Improvement

Sec. 35401. Highway-rail grade crossing safety.
Sec. 35402. Speed limit action plans.
Sec. 35403. Signage.
Sec. 35404. Alerters.
Sec. 35405. Signal protection.
Sec. 35406. Technology implementation plans.
Sec. 35407. Commuter rail track inspections.
Sec. 35408. Emergency response.
Sec. 35409. Private highway-rail grade crossings.
Sec. 35410. Repair and replacement of damaged track inspection 
              equipment.
Sec. 35411. Rail police officers.
Sec. 35412. Operation deep dive; report.
Sec. 35413. Post-accident assessment.
Sec. 35414. Technical and conforming amendments.
Sec. 35415. GAO study on use of locomotive horns at highway-rail grade 
              crossings.
Sec. 35416. Bridge inspection reports.

   PART II--Consolidated Rail Infrastructure and Safety Improvements

Sec. 35421. Consolidated rail infrastructure and safety improvements.

     PART III--Hazardous Materials by Rail Safety and Other Safety 
                              Enhancements

Sec. 35431. Real-time emergency response information.
Sec. 35432. Thermal blankets.
Sec. 35433. Comprehensive oil spill response plans.
Sec. 35434. Hazardous materials by rail liability study.
Sec. 35435. Study and testing of electronically-controlled pneumatic 
              brakes.
Sec. 35436. Recording devices.
Sec. 35437. Rail passenger transportation liability.
Sec. 35438. Modification reporting.
Sec. 35439. Report on crude oil characteristics research study.

                    PART IV--Positive Train Control

Sec. 35441. Coordination of spectrum.
Sec. 35442. Updated plans.
Sec. 35443. Early adoption and interoperability.
Sec. 35444. Positive train control at grade crossings effectiveness 
              study.

                      Subtitle E--Project Delivery

Sec. 35501. Short title.
Sec. 35502. Preservation of public lands.
Sec. 35503. Efficient environmental reviews.
Sec. 35504. Advance acquisition.
Sec. 35505. Railroad rights-of-way.
Sec. 35506. Savings clause.
Sec. 35507. Transition.

                         Subtitle F--Financing

Sec. 35601. Short title; references.
Sec. 35602. Definitions.
Sec. 35603. Eligible applicants.
Sec. 35604. Eligible purposes.
Sec. 35605. Program administration.
Sec. 35606. Loan terms and repayment.
Sec. 35607. Credit risk premiums.
Sec. 35608. Master credit agreements.
Sec. 35609. Priorities and conditions.
Sec. 35610. Savings provision.

                 DIVISION D--FREIGHT AND MAJOR PROJECTS

                       TITLE XLI--FREIGHT POLICY

Sec. 41001. Establishment of freight chapter.
Sec. 41002. National multimodal freight policy.
Sec. 41003. National multimodal freight network.

                          TITLE XLII--PLANNING

Sec. 42001. National freight strategic plan.
Sec. 42002. State freight advisory committees.
Sec. 42003. State freight plans.
Sec. 42004. Freight data and tools.
Sec. 42005. Savings provision.

                  TITLE XLIII--FORMULA FREIGHT PROGRAM

Sec. 43001. National highway freight program.

                           TITLE XLIV--GRANTS

Sec. 44001. Purpose; definitions; administration.
Sec. 44002. Grants.

                          DIVISION E--FINANCE

Sec. 50001. Short title.

             TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES

 Subtitle A--Extension of Trust Fund Expenditure Authority and Related 
                                 Taxes

Sec. 51101. Extension of trust fund expenditure authority.
Sec. 51102. Extension of highway-related taxes.

         Subtitle B--Additional Transfers to Highway Trust Fund

Sec. 51201. Further additional transfers to trust fund.
Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle 
              safety penalties.
Sec. 51203. Appropriation from Leaking Underground Storage Tank Trust 
              Fund.

                           TITLE LII--OFFSETS

                       Subtitle A--Tax Provisions

Sec. 52101. Consistent basis reporting between estate and person 
              acquiring property from decedent.
Sec. 52102. Revocation or denial of passport in case of certain unpaid 
              taxes.
Sec. 52103. Clarification of 6-year statute of limitations in case of 
              overstatement of basis.
Sec. 52104. Additional information on returns relating to mortgage 
              interest.
Sec. 52105. Return due date modifications.
Sec. 52106. Reform of rules relating to qualified tax collection 
              contracts.
Sec. 52107. Special compliance personnel program.
Sec. 52108. Transfers of excess pension assets to retiree health 
              accounts.

                     Subtitle B--Fees and Receipts

Sec. 52201. Extension of deposits of security service fees in the 
              general fund.
Sec. 52202. Adjustment for inflation of fees for certain customs 
              services.
Sec. 52203. Dividends and surplus funds of Reserve banks.
Sec. 52204. Strategic Petroleum Reserve drawdown and sale.
Sec. 52205. Extension of enterprise guarantee fee.

                          Subtitle C--Outlays

Sec. 52301. Interest on overpayment.

                       DIVISION F--MISCELLANEOUS

               TITLE LXI--FEDERAL PERMITTING IMPROVEMENT

Sec. 61001. Definitions.
Sec. 61002. Federal Permitting Improvement Council.
Sec. 61003. Permitting process improvement.
Sec. 61004. Interstate compacts.
Sec. 61005. Coordination of required reviews.
Sec. 61006. Delegated State permitting programs.
Sec. 61007. Litigation, judicial review, and savings provision.
Sec. 61008. Report to Congress.
Sec. 61009. Funding for governance, oversight, and processing of 
              environmental reviews and permits.
Sec. 61010. Application.
Sec. 61011. GAO Report.

                   TITLE LXII--ADDITIONAL PROVISIONS

Sec. 62001. Hire More Heroes.

              DIVISION G--SURFACE TRANSPORTATION EXTENSION

Sec. 70001. Short title.

         TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS

Sec. 71001. Extension of Federal-aid highway programs.
Sec. 71002. Administrative expenses.

   TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS

Sec. 72001. Formula grants for rural areas.
Sec. 72002. Apportionment of appropriations for formula grants.
Sec. 72003. Authorizations for public transportation.
Sec. 72004. Bus and bus facilities formula grants.

           TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS

            Subtitle A--Extension of Highway Safety Programs

Sec. 73101. Extension of National Highway Traffic Safety Administration 
              highway safety programs.
Sec. 73102. Extension of Federal Motor Carrier Safety Administration 
              programs.
Sec. 73103. Dingell-Johnson Sport Fish Restoration Act.

                    Subtitle B--Hazardous Materials

Sec. 73201. Authorization of appropriations.

                    TITLE LXXIV--REVENUE PROVISIONS

Sec. 74001. Extension of trust fund expenditure authority.

                     DIVISION H--BUDGETARY EFFECTS

Sec. 80001. Budgetary effects.
Sec. 80002. Maintenance of highway trust fund cash balance.
Sec. 80003. Prohibition on rescissions of certain contract authority.

          DIVISION I--EXPORT-IMPORT BANK OF THE UNITED STATES

Sec. 90001. Short title.

 TITLE XCI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

Sec. 91001. Reduction in authorized amount of outstanding loans, 
              guarantees, and insurance.
Sec. 91002. Increase in loss reserves.
Sec. 91003. Review of fraud controls.
Sec. 91004. Office of Ethics.
Sec. 91005. Chief Risk Officer.

[[Page H7421]]

Sec. 91006. Risk Management Committee.
Sec. 91007. Independent audit of bank portfolio.
Sec. 91008. Pilot program for reinsurance.

            TITLE XCII--PROMOTION OF SMALL BUSINESS EXPORTS

Sec. 92001. Increase in small business lending requirements.
Sec. 92002. Report on programs for small and medium-sized businesses.

                TITLE XCIII--MODERNIZATION OF OPERATIONS

Sec. 93001. Electronic payments and documents.
Sec. 93002. Reauthorization of information technology updating.

                     TITLE XCIV--GENERAL PROVISIONS

Sec. 94001. Extension of authority.
Sec. 94002. Certain updated loan terms and amounts.

                        TITLE XCV--OTHER MATTERS

Sec. 95001. Prohibition on discrimination based on industry.
Sec. 95002. Negotiations to end export credit financing.
Sec. 95003. Study of financing for information and communications 
              technology systems.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of Transportation.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 4. EFFECTIVE DATE.

       Except as otherwise provided, divisions A, B, C, and D, 
     including the amendments made by those divisions, take effect 
     on October 1, 2015.

   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

     SEC. 11001. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the surface transportation program under section 
     133 of that title, the highway safety improvement program 
     under section 148 of that title, the congestion mitigation 
     and air quality improvement program under section 149 of that 
     title, the national freight program under section 167 of that 
     title, the transportation alternatives program under section 
     213 of that title, and to carry out section 134 of that 
     title--
       (A) $39,579,500,000 for fiscal year 2016;
       (B) $40,771,300,000 for fiscal year 2017;
       (C) $42,127,100,000 for fiscal year 2018;
       (D) $43,476,400,000 for fiscal year 2019;
       (E) $44,570,700,000 for fiscal year 2020; and
       (F) $45,691,900,000 for fiscal year 2021.
       (2) Transportation infrastructure finance and innovation 
     program.--For credit assistance under the transportation 
     infrastructure finance and innovation program under chapter 6 
     of title 23, United States Code, $300,000,000 for each of 
     fiscal years 2016 through 2021.
       (3) Federal lands and tribal transportation programs.--
       (A) Tribal transportation program.--For the tribal 
     transportation program under section 202 of title 23, United 
     States Code--
       (i) $465,000,000 for fiscal year 2016;
       (ii) $475,000,000 for fiscal year 2017;
       (iii) $485,000,000 for fiscal year 2018;
       (iv) $495,000,000 for fiscal year 2019;
       (v) $505,000,000 for fiscal year 2020; and
       (vi) $515,000,000 for fiscal year 2021.
       (B) Federal lands transportation program.--
       (i) Authorization.--For the Federal lands transportation 
     program under section 203 of title 23, United States Code--

       (I) $305,000,000 for fiscal year 2016;
       (II) $310,000,000 for fiscal year 2017;
       (III) $315,000,000 for fiscal year 2018;
       (IV) $320,000,000 for fiscal year 2019;
       (V) $325,000,000 for fiscal year 2020; and
       (VI) $330,000,000 for fiscal year 2021.

       (ii) Special rule.--

       (I) $240,000,000 of the amount made available for each 
     fiscal year shall be the amount for the National Park 
     Service; and
       (II) $30,000,000 of the amount made available for each 
     fiscal year shall be the amount for the United States Fish 
     and Wildlife Service.

       (C) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code--
       (i) $250,000,000 for fiscal year 2016;
       (ii) $255,000,000 for fiscal year 2017;
       (iii) $260,000,000 for fiscal year 2018;
       (iv) $265,000,000 for fiscal year 2019;
       (v) $270,000,000 for fiscal year 2020; and
       (vi) $275,000,000 for fiscal year 2021.
       (4) Territorial and puerto rico highway program.--For the 
     territorial and Puerto Rico highway program under section 165 
     of title 23, United States Code, $190,000,000 for each of 
     fiscal years 2016 through 2021.
       (5) Assistance for major projects program.--For the 
     assistance for major projects program under section 171 of 
     title 23, United States Code--
       (A) $250,000,000 for fiscal year 2016;
       (B) $300,000,000 for fiscal year 2017;
       (C) $350,000,000 for fiscal year 2018;
       (D) $400,000,000 for fiscal year 2019;
       (E) $400,000,000 for fiscal year 2020; and
       (F) $400,000,000 for fiscal year 2021.
       (b) Research, Technology, and Education Authorizations.--
       (1) In general.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (A) Highway research and development program.--To carry out 
     the highway research and development program under section 
     503(b) of title 23, United States Code, $130,000,000 for each 
     of fiscal years 2016 through 2021.
       (B) Technology and innovation deployment program.--To carry 
     out the technology and innovation deployment program under 
     section 503(c) of title 23, United States Code, $62,500,000 
     for each of fiscal years 2016 through 2021.
       (C) Training and education.--To carry out training and 
     education under section 504 of title 23, United States Code, 
     $24,000,000 for each of fiscal years 2016 through 2021.
       (D) Intelligent transportation systems program.--To carry 
     out the intelligent transportation systems program under 
     sections 512 through 518 of title 23, United States Code, 
     $100,000,000 for each of fiscal years 2016 through 2021.
       (E) University transportation centers program.--To carry 
     out the university transportation centers program under 
     section 5505 of title 49, United States Code, $72,500,000 for 
     each of fiscal years 2016 through 2021.
       (2) Bureau of transportation statistics.--There are 
     authorized to be appropriated out of the general fund of the 
     Treasury to carry out chapter 63 of title 49, United States 
     Code, $26,000,000 for each of fiscal years 2016 through 2021.
       (3) Administration.--The Federal Highway Administration 
     shall administer the programs described in subparagraphs (D) 
     and (E) of paragraph (1).
       (4) Applicability of title 23, united states code.--Funds 
     authorized to be appropriated by paragraph (1) shall--
       (A) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code;
       (B) remain available until expended; and
       (C) not be transferable.
       (c) Disadvantaged Business Enterprises.--
       (1) Findings.--Congress finds that--
       (A) while significant progress has occurred due to the 
     establishment of the disadvantaged business enterprise 
     program, discrimination and related barriers continue to pose 
     significant obstacles for minority- and women-owned 
     businesses seeking to do business in federally assisted 
     surface transportation markets across the United States;
       (B) the continuing barriers described in subparagraph (A) 
     merit the continuation of the disadvantaged business 
     enterprise program;
       (C) Congress has received and reviewed testimony and 
     documentation of race and gender discrimination from numerous 
     sources, including congressional hearings and roundtables, 
     scientific reports, reports issued by public and private 
     agencies, news stories, reports of discrimination by 
     organizations and individuals, and discrimination lawsuits, 
     which show that race- and gender-neutral efforts alone are 
     insufficient to address the problem;
       (D) the testimony and documentation described in 
     subparagraph (C) demonstrate that discrimination across the 
     United States poses a barrier to full and fair participation 
     in surface transportation-related businesses of women 
     business owners and minority business owners and has impacted 
     firm development and many aspects of surface transportation-
     related business in the public and private markets; and
       (E) the testimony and documentation described in 
     subparagraph (C) provide a strong basis that there is a 
     compelling need for the continuation of the disadvantaged 
     business enterprise program to address race and gender 
     discrimination in surface transportation-related business.
       (2) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Small business concern.--
       (i) In general.--The term ``small business concern'' means 
     a small business concern (as the term is used in section 3 of 
     the Small Business Act (15 U.S.C. 632)).
       (ii) Exclusions.--The term ``small business concern'' does 
     not include any concern or group of concerns controlled by 
     the same socially and economically disadvantaged individual 
     or individuals that have average annual gross receipts during 
     the preceding 3 fiscal years in excess of $23,980,000, as 
     adjusted annually by the Secretary for inflation.
       (B) Socially and economically disadvantaged individuals.--
     The term ``socially and economically disadvantaged 
     individuals'' has the meaning given the term in section 8(d) 
     of the Small Business Act (15 U.S.C. 637(d)) and relevant 
     subcontracting regulations issued pursuant to that Act, 
     except that women shall be presumed to be socially and 
     economically disadvantaged individuals for purposes of this 
     subsection.
       (3) Amounts for small business concerns.--Except to the 
     extent that the Secretary determines otherwise, not less than 
     10 percent of the amounts made available for any program 
     under divisions A and B of this Act and section 403 of title 
     23, United States Code, shall be expended through small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals.
       (4) Annual listing of disadvantaged business enterprises.--
     Each State shall annually--
       (A) survey and compile a list of the small business 
     concerns referred to in paragraph (2) in the State, including 
     the location of the small business concerns in the State; and
       (B) notify the Secretary, in writing, of the percentage of 
     the small business concerns that are controlled by--
       (i) women;
       (ii) socially and economically disadvantaged individuals 
     (other than women); and
       (iii) individuals who are women and are otherwise socially 
     and economically disadvantaged individuals.

[[Page H7422]]

       (5) Uniform certification.--
       (A) In general.--The Secretary shall establish minimum 
     uniform criteria for use by State governments in certifying 
     whether a concern qualifies as a small business concern for 
     the purpose of this subsection.
       (B) Inclusions.--The minimum uniform criteria established 
     under subparagraph (A) shall include, with respect to a 
     potential small business concern--
       (i) on-site visits;
       (ii) personal interviews with personnel;
       (iii) issuance or inspection of licenses;
       (iv) analyses of stock ownership;
       (v) listings of equipment;
       (vi) analyses of bonding capacity;
       (vii) listings of work completed;
       (viii) examination of the resumes of principal owners;
       (ix) analyses of financial capacity; and
       (x) analyses of the type of work preferred.
       (6) Reporting.--The Secretary shall establish minimum 
     requirements for use by State governments in reporting to the 
     Secretary--
       (A) information concerning disadvantaged business 
     enterprise awards, commitments, and achievements; and
       (B) such other information as the Secretary determines to 
     be appropriate for the proper monitoring of the disadvantaged 
     business enterprise program.
       (7) Compliance with court orders.--Nothing in this 
     subsection limits the eligibility of an individual or entity 
     to receive funds made available under divisions A and B of 
     this Act and section 403 of title 23, United States Code, if 
     the individual or entity is prevented, in whole or in part, 
     from complying with paragraph (2) because a Federal court 
     issues a final order in which the court finds that a 
     requirement or the implementation of paragraph (2) is 
     unconstitutional.
       (d) Conforming Amendment.--Section 1101(b) of MAP-21 
     (Public Law 112-141; 126 Stat. 414) is repealed.

     SEC. 11002. OBLIGATION CEILING.

       (a) General Limitation.--Subject to subsection (e), and 
     notwithstanding any other provision of law, the obligations 
     for Federal-aid highway and highway safety construction 
     programs shall not exceed--
       (1) $41,625,500,000 for fiscal year 2016;
       (2) $42,896,300,000 for fiscal year 2017;
       (3) $44,331,100,000 for fiscal year 2018;
       (4) $45,759,400,000 for fiscal year 2019;
       (5) $46,882,700,000 for fiscal year 2020; and
       (6) $48,032,900,000 for fiscal year 2021.
       (b) Exceptions.--The limitations under subsection (a) shall 
     not apply to obligations under or for--
       (1) section 125 of title 23, United States Code;
       (2) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (4) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (5) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198);
       (6) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027);
       (7) section 157 of title 23, United States Code (as in 
     effect on June 8, 1998);
       (8) section 105 of title 23, United States Code (as in 
     effect for fiscal years 1998 through 2004, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (9) section 105 of title 23, United States Code (as in 
     effect for fiscal years 2005 through 2012, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (10) Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century (112 Stat. 107) or subsequent Acts 
     for multiple years or to remain available until expended, but 
     only to the extent that the obligation authority has not 
     lapsed or been used;
       (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
     Stat. 1248), to the extent that funds obligated in accordance 
     with that section were not subject to a limitation on 
     obligations at the time at which the funds were initially 
     made available for obligation;
       (12) section 119 of title 23, United States Code (as in 
     effect for fiscal years 2013 through 2015, but only in an 
     amount equal to $639,000,000 for each of those fiscal years); 
     and
       (13) section 119 of title 23, United States Code (but, for 
     each of fiscal years 2016 through 2021, only in an amount 
     equal to $639,000,000 for each of those fiscal years).
       (c) Distribution of Obligation Authority.--For each of 
     fiscal years 2016 through 2021, the Secretary shall--
       (1) not distribute obligation authority provided by 
     subsection (a) for the fiscal year for--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) not distribute an amount of obligation authority 
     provided by subsection (a) that is equal to the unobligated 
     balance of amounts--
       (A) made available from the Highway Trust Fund (other than 
     the Mass Transit Account) for Federal-aid highway and highway 
     safety construction programs for previous fiscal years the 
     funds for which are allocated by the Secretary (or 
     apportioned by the Secretary under section 202 or 204 of 
     title 23, United States Code); and
       (B) for which obligation authority was provided in a 
     previous fiscal year;
       (3) determine the proportion that--
       (A) an amount equal to the difference between--
       (i) the obligation authority provided by subsection (a) for 
     the fiscal year; and
       (ii) the aggregate amount not distributed under paragraphs 
     (1) and (2); bears to
       (B) an amount equal to the difference between--
       (i) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs (other than sums authorized to be appropriated for 
     provisions of law described in paragraphs (1) through (12) of 
     subsection (b) and sums authorized to be appropriated for 
     section 119 of title 23, United States Code, equal to the 
     amount referred to in subsection (b)(13) for the fiscal 
     year); and
       (ii) the aggregate amount not distributed under paragraphs 
     (1) and (2);
       (4) distribute the obligation authority provided by 
     subsection (a), less the aggregate amount not distributed 
     under paragraphs (1) and (2), for each of the programs (other 
     than programs to which paragraph (1) applies) that are 
     allocated by the Secretary under this Act and title 23, 
     United States Code, or apportioned by the Secretary under 
     section 202 or 204 of that title, by multiplying--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for the fiscal year; and
       (5) distribute the obligation authority provided by 
     subsection (a), less the aggregate amount not distributed 
     under paragraphs (1) and (2) and the amounts distributed 
     under paragraph (4), for Federal-aid highway and highway 
     safety construction programs that are apportioned by the 
     Secretary under title 23, United States Code, (other than the 
     amounts apportioned for the national highway performance 
     program under section 119 of title 23, United States Code, 
     that are exempt from the limitation under subsection (b)(13) 
     and the amounts apportioned under sections 202 and 204 of 
     that title) in the proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for the fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for the fiscal year.
       (d) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (c), the Secretary shall, after 
     August 1 of each of fiscal years 2016 through 2021--
       (1) revise a distribution of the obligation authority made 
     available under subsection (c) if an amount distributed 
     cannot be obligated during that fiscal year; and
       (2) redistribute sufficient amounts to those States able to 
     obligate amounts in addition to those previously distributed 
     during that fiscal year, giving priority to those States 
     having large unobligated balances of funds apportioned under 
     sections 144 (as in effect on the day before the date of 
     enactment of MAP-21 (126 Stat. 405)) and 104 of title 23, 
     United States Code.
       (e) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), 
     obligation limitations imposed by subsection (a) shall apply 
     to contract authority for transportation research programs 
     carried out under chapter 5 of title 23, United States Code.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (f) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     distribution of obligation authority under subsection (c) for 
     each of fiscal years 2016 through 2021, the Secretary shall 
     distribute to the States any funds (excluding funds 
     authorized for the program under section 202 of title 23, 
     United States Code) that--
       (A) are authorized to be appropriated for the fiscal year 
     for Federal-aid highway programs; and
       (B) the Secretary determines will not be allocated to the 
     States (or will not be apportioned to the States under 
     section 204 of title 23, United States Code), and will not be 
     available for obligation, for the fiscal year because of the 
     imposition of any obligation limitation for the fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same proportion as the distribution of obligation 
     authority under subsection (c)(5).
       (3) Availability.--Funds distributed to each State under 
     paragraph (1) shall be available for any purpose described in 
     section 133(b) of title 23, United States Code.

     SEC. 11003. APPORTIONMENT.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)(1) by striking subparagraphs (A) and 
     (B) and inserting the following:
       ``(A) $456,000,000 for fiscal year 2016;
       ``(B) $465,000,000 for fiscal year 2017;
       ``(C) $474,000,000 for fiscal year 2018;
       ``(D) $483,000,000 for fiscal year 2019;
       ``(E) $492,000,000 for fiscal year 2020; and
       ``(F) $501,000,000 for fiscal year 2021.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``and the congestion mitigation and air quality improvement 
     program'' and inserting ``the congestion mitigation and air 
     quality improvement program, the national freight program'';
       (B) in each of paragraphs (1), (2), and (3) by striking 
     ``paragraphs (4) and (5)'' each place it

[[Page H7423]]

     appears and inserting ``paragraphs (4), (5), and (6), and 
     section 213(a)'';
       (C) in paragraph (1), by striking ``63.7 percent'' and 
     inserting ``65 percent'';
       (D) in paragraph (2), by striking ``29.3 percent'' and 
     inserting ``29 percent'';
       (E) in paragraph (3), by striking ``7 percent'' and 
     inserting ``6 percent'';
       (F) in paragraph (4), in the matter preceding subparagraph 
     (A), by striking ``determined for the State under subsection 
     (c)'' and inserting ``remaining under subsection (c) after 
     making the set-asides in accordance with paragraph (5) and 
     section 213(a)'';
       (G) by redesignating paragraph (5) as paragraph (6);
       (H) by inserting after paragraph (4) the following:
       ``(5) National freight program.--
       ``(A) In general.--For the national freight program under 
     section 167, the Secretary shall set aside from the amount 
     determined for a State under subsection (c) an amount 
     determined for the State under subparagraphs (B) and (C).
       ``(B) Total amount.--The total amount set aside for the 
     national freight program for all States shall be--
       ``(i) $1,000,000,000 for fiscal year 2016;
       ``(ii) $1,450,000,000 for fiscal year 2017;
       ``(iii) $2,000,000,000 for fiscal year 2018;
       ``(iv) $2,300,000,000 for fiscal year 2019;
       ``(v) $2,400,000,000 for fiscal year 2020; and
       ``(vi) $2,500,000,000 for fiscal year 2021.
       ``(C) State share.--The Secretary shall distribute among 
     the States the total set-aside amount for the national 
     freight program under subparagraph (B) so that each State 
     receives an amount equal to the proportion that--
       ``(i) the total apportionment determined under subsection 
     (c) for a State; bears to
       ``(ii) the total apportionments for all States.
       ``(D) Metropolitan planning.--Of the amount set aside under 
     this paragraph for a State, the Secretary shall use to carry 
     out section 134 an amount determined by multiplying the set-
     aside amount by the proportion that--
       ``(i) the amount apportioned to the State to carry out 
     section 134 for fiscal year 2009; bears to
       ``(ii) the total amount of funds apportioned to the State 
     for that fiscal year for the programs referred to in section 
     105(a)(2), except for the high priority projects program 
     referred to in section 105(a)(2)(H) (as in effect on the day 
     before the date of enactment of MAP-21 (Public Law 112-141; 
     126 Stat. 405).''; and
       (I) in paragraph (6) (as redesignated by subparagraph (G)), 
     in the matter preceding subparagraph (A), by striking 
     ``determined for the State under subsection (c)'' and 
     inserting ``remaining under subsection (c) after making the 
     set-asides in accordance with paragraph (5) and section 
     213(a)''; and
       (3) in subsection (c) by adding at the end the following:
       ``(3) For fiscal years 2016 through 2021.--
       ``(A) State share.--For each of fiscal years 2016 through 
     2021, the amount for each State of combined apportionments 
     for the national highway performance program under section 
     119, the surface transportation program under section 133, 
     the highway safety improvement program under section 148, the 
     congestion mitigation and air quality improvement program 
     under section 149, the national freight program under section 
     167, the transportation alternatives program under section 
     213, and to carry out section 134, shall be determined as 
     follows:
       ``(i) Initial amount.--The initial amount for each State 
     shall be determined by multiplying the total amount available 
     for apportionment by the share for each State, which shall be 
     equal to the proportion that--

       ``(I) the amount of apportionments that the State received 
     for fiscal year 2014; bears to
       ``(II) the amount of those apportionments received by all 
     States for that fiscal year.

       ``(ii) Adjustments to amounts.--The initial amounts 
     resulting from the calculation under clause (i) shall be 
     adjusted to ensure that, for each State, the amount of 
     combined apportionments for the programs shall not be less 
     than 95 percent of the estimated tax payments attributable to 
     highway users in the State paid into the Highway Trust Fund 
     (other than the Mass Transit Account) in the most recent 
     fiscal year for which data are available.
       ``(B) State apportionment.--For each of fiscal years 2016 
     through 2021, on October 1, the Secretary shall apportion the 
     sum authorized to be appropriated for expenditure on the 
     national highway performance program under section 119, the 
     surface transportation program under section 133, the highway 
     safety improvement program under section 148, the congestion 
     mitigation and air quality improvement program under section 
     149, the national freight program under section 167, the 
     transportation alternatives program under section 213, and to 
     carry out section 134 in accordance with subparagraph (A).''.
       (b) Conforming Amendments.--
       (1) Section 104(d)(1)(A) of title 23, United States Code, 
     is amended by striking ``subsection (b)(5)'' each place it 
     appears and inserting ``paragraphs (5)(D) and (6) of 
     subsection (b)''.
       (2) Section 120(c)(3) of title 23, United States Code, is 
     amended--
       (A) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``or (5)'' and inserting ``(5)(D), or (6)''; 
     and
       (B) in subparagraph (C)(i), by striking ``and (5)'' and 
     inserting ``(5)(D), and (6)''.
       (3) Section 135(i) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)'' and inserting 
     ``paragraphs (5)(D) and (6) of section 104(b)''.
       (4) Section 136(b) of title 23, United States Code, is 
     amended in the first sentence by striking ``paragraphs (1) 
     through (5) of section 104(b)'' and inserting ``paragraphs 
     (1) through (6) of section 104(b)''.
       (5) Section 141(b)(2) of title 23, United States Code, is 
     amended by striking ``paragraphs (1) through (5) of section 
     104(b)'' and inserting ``paragraphs (1) through (6) of 
     section 104(b)''.
       (6) Section 505(a) of title 23, United States Code, is 
     amended in the matter preceding paragraph (1) by striking 
     ``through (4)'' and inserting ``through (5)''.

     SEC. 11004. SURFACE TRANSPORTATION PROGRAM.

       Section 133 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (10), by inserting ``, including emergency 
     evacuation plans'' after ``programs''; and
       (B) in paragraph (13), by adding a period at the end;
       (2) in subsection (c)--
       (A) in paragraph (1), by striking the semicolon at the end 
     and inserting ``or for projects described in paragraphs (2), 
     (4), (6), (7), (11), (20), (25), and (26) of subsection (b); 
     and'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2);
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``50 
     percent'' and inserting ``55 percent''; and
       (II) in clause (ii), by striking ``greater than 5,000'' and 
     inserting ``of 5,000 or more''; and

       (ii) in subparagraph (B), by striking ``50 percent'' and 
     inserting ``45 percent''; and
       (B) in paragraph (3)--
       (i) by striking ``paragraph (1)(A)(ii)'' and inserting 
     ``paragraph (1)(A)(iii)''; and
       (ii) by striking ``greater than 5,000 and less than 
     200,000'' and inserting ``of 5,000 to 200,000'';
       (4) in subsection (f)(1)--
       (A) by striking ``104(b)(3)'' and inserting ``104(b)(2)''; 
     and
       (B) by striking ``the period of fiscal years 2011 through 
     2014'' and inserting ``each fiscal year'';
       (5) by redesignating subsection (h) as subsection (i);
       (6) in subsection (g)--
       (A) by striking the subsection designation and heading and 
     all that follows through paragraph (1) and inserting the 
     following:
       ``(g) Bridges Off the National Highway System.--
       ``(1) Definition of off-nhs bridge.--In this subsection, 
     the term `off-NHS bridge' means a highway bridge located on a 
     public road, other than a bridge on the National Highway 
     System.''; and
       (B) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Set-aside.--Each State shall obligate for replacement 
     (including replacement with fill material), rehabilitation, 
     preservation, and protection (including scour 
     countermeasures, seismic retrofits, impact protection 
     measures, security countermeasures, and protection against 
     extreme events) for off-NHS bridges an amount equal to the 
     greater of--
       ``(i) 15 percent of the amount apportioned to the State 
     under section 104(b)(2); and
       ``(ii) an amount equal to at least 110 percent of the 
     amount of funds set aside for bridges not on Federal-aid 
     highways in the State for fiscal year 2014.'';
       (ii) in subparagraph (B), by striking ``off-system'' and 
     inserting ``off-NHS''; and
       (iii) by adding at the end the following:
       ``(C) Set-aside for certain off-nhs bridges.--Each State 
     shall obligate an amount equal to not less than 50 percent of 
     the amount set aside under subparagraph (A) for off-NHS 
     bridges located on public roads that are not Federal-aid 
     highways.''; and
       (C) by redesignating paragraph (3) as subsection (h);
       (7) in subsection (h) (as so redesignated)--
       (A) by striking the heading and inserting ``Credit for 
     Bridges Not on the National Highway System.--'';
       (B) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately; and
       (C) in the matter preceding paragraph (1) (as so 
     redesignated)--
       (i) by striking ``the replacement of a bridge or 
     rehabilitation of''; and
       (ii) by striking ``, and is determined by the Secretary 
     upon completion to be no longer a deficient bridge'';
       (8) in subsection (i)(1) (as redesignated by paragraph 
     (5)), by striking ``under subsection (d)(1)(A)(iii) for each 
     of fiscal years 2013 through 2014'' and inserting ``under 
     subsection (d)(1)(A)(ii) for each fiscal year''; and
       (9) by adding at the end the following:
       ``(j) Border States.--
       ``(1) In general.--After consultation with relevant 
     transportation planning organizations, the Governor of a 
     State that shares a land border with Canada or Mexico may 
     designate for each fiscal year not more than 5 percent of 
     funds made available to the State under subsection (d)(1)(B) 
     for border infrastructure projects eligible under section 
     1303 of SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
       ``(2) Use of funds.--Funds designated under this subsection 
     shall be available under the requirements of section 1303 of 
     SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
       ``(3) Certification.--Before making a designation under 
     paragraph (1), the Governor shall certify that the 
     designation is consistent with transportation planning 
     requirements under this title.
       ``(4) Notification.--Not later than 30 days after making a 
     designation under paragraph (1), the Governor shall submit to 
     the relevant transportation planning organizations within the 
     border region a written notification of any suballocated or 
     distributed amount of funds available for obligation by 
     jurisdiction.

[[Page H7424]]

       ``(5) Limitation.--This subsection applies only to funds 
     apportioned to a State after the date of enactment of the 
     DRIVE Act.
       ``(6) Deadline for designation.--A designation under 
     paragraph (1) shall--
       ``(A) be submitted to the Secretary not later than 30 days 
     before the beginning of the fiscal year for which the 
     designation is being made; and
       ``(B) remain in effect for the funds designated under 
     paragraph (1) for a fiscal year until the Governor of the 
     State notifies the Secretary of the termination of the 
     designation.
       ``(7) Unobligated funds after termination.--On the date of 
     a termination under paragraph (6)(B), all remaining 
     unobligated funds that were designated under paragraph (1) 
     for the fiscal year for which the designation is being 
     terminated shall be made available to the State for the 
     purposes described in subsection (d)(1)(B).''.

     SEC. 11005. METROPOLITAN TRANSPORTATION PLANNING.

       Section 134 of title 23, United States Code, is amended--
       (1) in subsection (a)(1), by inserting ``resilient'' before 
     ``surface transportation systems'';
       (2) in subsection (c)(2), by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, intermodal facilities that support 
     intercity transportation, including intercity buses and 
     intercity bus facilities, and commuter vanpool providers'';
       (3) in subsection (d)--
       (A) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively;
       (B) by inserting after paragraph (2) the following:
       ``(3) Representation.--
       ``(A) In general.--Designation or selection of officials or 
     representatives under paragraph (2) shall be determined by 
     the metropolitan planning organization according to the 
     bylaws or enabling statute of the organization.
       ``(B) Public transportation representative.--Subject to the 
     bylaws or enabling statute of the metropolitan planning 
     organization, a representative of a provider of public 
     transportation may also serve as a representative of a local 
     municipality.
       ``(C) Powers of certain officials.--An official described 
     in paragraph (2)(B) shall have responsibilities, actions, 
     duties, voting rights, and any other authority commensurate 
     with other officials described in paragraph (2)(B).''; and
       (C) in paragraph (5) (as redesignated by subparagraph (A)), 
     by striking ``paragraph (5)'' and inserting ``paragraph 
     (6)'';
       (4) in subsection (e)(4)(B), by striking ``subsection 
     (d)(5)'' and inserting ``subsection (d)(6)'';
       (5) in subsection (g)(3)(A), by inserting ``natural 
     disaster risk reduction,'' after ``environmental 
     protection,'';
       (6) in subsection (h)--
       (A) in paragraph (1)--
       (i) in subparagraph (G), by striking ``and'' at the end;
       (ii) in subparagraph (H), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(I) improve the resilience and reliability of the 
     transportation system.''; and
       (B) in paragraph (2)(A), by striking ``and in section 
     5301(c) of title 49'' and inserting ``and the general 
     purposes described in section 5301 of title 49'';
       (7) in subsection (i)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``transit'' and 
     inserting ``public transportation facilities, intercity bus 
     facilities'';
       (ii) in subparagraph (G)--

       (I) by striking ``and provide'' and inserting ``, 
     provide''; and
       (II) by inserting ``, and reduce vulnerability due to 
     natural disasters of the existing transportation 
     infrastructure'' before the period at the end; and

       (iii) in subparagraph (H), by inserting ``, including 
     consideration of the role that intercity buses may play in 
     reducing congestion, pollution, and energy consumption in a 
     cost-effective manner and strategies and investments that 
     preserve and enhance intercity bus systems, including systems 
     that are privately owned and operated'' before the period at 
     the end;
       (B) in paragraph (6)(A)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers,''; and
       (ii) by inserting ``(including intercity bus operators and 
     commuter vanpool providers)'' after ``private providers of 
     transportation''; and
       (C) in paragraph (8), by striking ``(2)(C)'' each place it 
     appears and inserting ``(2)(E)'';
       (8) in subsection (j)(5)(A), by striking ``subsection 
     (k)(4)'' and inserting ``subsection (k)(3)'';
       (9) in subsection (k)--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively;
       (10) in subsection (l)--
       (A) in paragraph (1), by adding a period at the end; and
       (B) in paragraph (2)(D), by striking ``of less than 
     200,000'' and inserting ``with a population of 200,000 or 
     less'';
       (11) by striking subsection (n);
       (12) by redesignating subsections (o) through (q) as 
     subsections (n) through (p), respectively;
       (13) in subsection (o) (as so redesignated), by striking 
     ``set aside under section 104(f)'' and inserting 
     ``apportioned under paragraphs (5)(D) and (6) of section 
     104(b)'' ; and
       (14) by adding at the end the following:
       ``(q) Treatment of Lake Tahoe Region.--
       ``(1) Definition of lake tahoe region.--In this subsection, 
     the term `Lake Tahoe Region' has the meaning given the term 
     `region' in subsection (a) of Article II of the Lake Tahoe 
     Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
       ``(2) Treatment.--For the purpose of this title, the Lake 
     Tahoe Region shall be treated as--
       ``(A) a metropolitan planning organization;
       ``(B) a transportation management area under subsection 
     (k); and
       ``(C) an urbanized area, which is comprised of a population 
     of 145,000 in the State of California and a population of 
     65,000 in the State of Nevada.
       ``(3) Suballocated funding.--
       ``(A) Section 133.--When determining the amount under 
     subparagraph (A) of section 133(d)(1) that shall be obligated 
     for a fiscal year in the States of California and Nevada 
     under clauses (i), (ii), and (iii) of that subparagraph, the 
     Secretary shall, for each of those States--
       ``(i) calculate the population under each of those clauses;
       ``(ii) decrease the amount under section 133(d)(1)(A)(iii) 
     by the population specified in paragraph (2) of this 
     subsection for the Lake Tahoe Region in that State; and
       ``(iii) increase the amount under section 133(d)(1)(A)(i) 
     by the population specified in paragraph (2) of this 
     subsection for the Lake Tahoe Region in that State.
       ``(B) Section 213.--When determining the amount under 
     paragraph (1) of section 213(c) that shall be obligated for a 
     fiscal year in the States of California and Nevada under 
     subparagraphs (A), (B), and (C) of that paragraph, the 
     Secretary shall, for each of those States--
       ``(i) calculate the population under each of those 
     subparagraphs;
       ``(ii) decrease the amount under section 213(c)(1)(C) by 
     the population specified in paragraph (2) of this subsection 
     for the Lake Tahoe Region in that State; and
       ``(iii) increase the amount under section 213(c)(1)(A) by 
     the population specified in paragraph (2) of this subsection 
     for the Lake Tahoe Region in that State.''.

     SEC. 11006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

       (a) In General.--Section 135 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)(2), by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, intermodal facilities that support 
     intercity transportation, including intercity buses and 
     intercity bus facilities, and commuter vanpool providers'';
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (G), by striking ``and'' at the end;
       (ii) in subparagraph (H), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(I) improve the resilience and reliability of the 
     transportation system.''; and
       (B) in paragraph (2)(A), by striking ``and in section 
     5301(c) of title 49'' and inserting ``and the general 
     purposes described in section 5301 of title 49'';
       (3) in subsection (e)(1), by striking ``subsection (m)'' 
     and inserting ``subsection (l)'';
       (4) in subsection (f)--
       (A) in paragraph (2)(B)(i), by striking ``subsection (m)'' 
     and inserting ``subsection (l)'';
       (B) in paragraph (3)(A)--
       (i) in clause (i), by striking ``subsection (m)'' and 
     inserting ``subsection (l)''; and
       (ii) in clause (ii), by inserting ``(including intercity 
     bus operators and commuter vanpool providers)'' after 
     ``private providers of transportation'';
       (C) in paragraph (7), in the matter preceding subparagraph 
     (A), by striking ``should'' and inserting ``shall''; and
       (D) in paragraph (8), by inserting ``, including 
     consideration of the role that intercity buses may play in 
     reducing congestion, pollution, and energy consumption in a 
     cost-effective manner and strategies and investments that 
     preserve and enhance intercity bus systems, including systems 
     that are privately owned and operated'' before the period at 
     the end;
       (5) in subsection (g)--
       (A) in paragraph (2)(B)(i), by striking ``subsection (m)'' 
     and inserting ``subsection (l)'';
       (B) in paragraph (3)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers''; and
       (ii) by inserting ``(including intercity bus operators),'' 
     after ``private providers of transportation''; and
       (C) in paragraph (6)(A), by striking ``subsection (m)'' and 
     inserting ``subsection (l)'';
       (6) by striking subsection (j); and
       (7) by redesignating subsections (k) through (m) as 
     subsections (j) through (l), respectively.
       (b) Conforming Amendments.--Section 134(b)(5) of title 23, 
     United States Code, is amended by striking ``section 135(m)'' 
     and inserting ``section 135(l)''.

     SEC. 11007. HIGHWAY USE TAX EVASION PROJECTS.

       Section 143(b) of title 23, United States Code, is amended 
     by striking paragraph (2)(A) and inserting the following:
       ``(A) In general.--From administrative funds made available 
     under section 104(a), the Secretary shall deduct such sums as 
     are necessary, not to exceed $4,000,000 for each fiscal year, 
     to carry out this section.''.

     SEC. 11008. BUNDLING OF BRIDGE PROJECTS.

       Section 144 of title 23, United States Code, is amended--
       (1) in subsection (c)(2)(A), by striking ``the natural 
     condition of the bridge'' and inserting ``the natural 
     condition of the water'';
       (2) by redesignating subsection (j) as subsection (k);
       (3) by inserting after subsection (i) the following:
       ``(j) Bundling of Bridge Projects.--
       ``(1) Purpose.--The purpose of this subsection is to save 
     costs and time by encouraging States to bundle multiple 
     bridge projects as 1 project.
       ``(2) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means an entity eligible to carry 
     out a bridge project under section 119 or 133.

[[Page H7425]]

       ``(3) Bundling of bridge projects.--An eligible entity may 
     bundle 2 or more similar bridge projects that are--
       ``(A) eligible projects under section 119 or 133;
       ``(B) included as a bundled project in a transportation 
     improvement program under section 134(j) or a statewide 
     transportation improvement program under section 135, as 
     applicable; and
       ``(C) awarded to a single contractor or consultant pursuant 
     to a contract for engineering and design or construction 
     between the contractor and an eligible entity.
       ``(4) Itemization.--Notwithstanding any other provision of 
     law (including regulations), an eligible bridge project 
     included in a bundle under this subsection may be listed as--
       ``(A) 1 project for purposes of sections 134 and 135; and
       ``(B) a single project within the applicable bundle.
       ``(5) Financial characteristics.--Projects bundled under 
     this subsection shall have the same financial 
     characteristics, including--
       ``(A) the same funding category or subcategory; and
       ``(B) the same Federal share.''; and
       (4) in subsection (k)(2) (as redesignated by paragraph 
     (2)), by striking ``104(b)(3)'' and inserting ``104(b)(2)''.

     SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND BRIDGE 
                   PROJECTS.

       (a) Authority.--With respect to rural road and rural bridge 
     projects eligible for funding under title 23, United States 
     Code, subject to the provisions of this section and on 
     request by a State, the Secretary may--
       (1) exercise all existing flexibilities under and 
     exceptions to--
       (A) the requirements of title 23, United States Code; and
       (B) other requirements administered by the Secretary, in 
     whole or part; and
       (2) otherwise provide additional flexibility or expedited 
     processing with respect to the requirements described in 
     paragraph (1).
       (b) Types of Projects.--A rural road or rural bridge 
     project under this section shall--
       (1) be located in a county that, based on the most recent 
     decennial census--
       (A) has a population density of 80 or fewer persons per 
     square mile of land area; or
       (B) is the county that has the lowest population density of 
     all counties in the State;
       (2) be located within the operational right-of-way (as 
     defined in section 1316(b) of MAP-21 (23 U.S.C. 109 note; 126 
     Stat. 549)) of an existing road or bridge; and
       (3)(A) receive less than $5,000,000 of Federal funds; or
       (B) have a total estimated cost of not more than 
     $30,000,000 and Federal funds comprising less than 15 percent 
     of the total estimated project cost.
       (c) Process To Assist Rural Projects.--
       (1) Assistance with federal requirements.--
       (A) In general.--For projects under this section, the 
     Secretary shall seek to provide, to the maximum extent 
     practicable, regulatory relief and flexibility consistent 
     with this section.
       (B) Exceptions, exemptions, and additional flexibility.--
     Exceptions, exemptions, and additional flexibility from 
     regulatory requirements may be granted if, in the opinion of 
     the Secretary--
       (i) the project is not expected to have a significant 
     adverse impact on the environment;
       (ii) the project is not expected to have an adverse impact 
     on safety; and
       (iii) the assistance would be in the public interest for 1 
     or more reasons, including--

       (I) reduced project costs;
       (II) expedited construction, particularly in an area where 
     the construction season is relatively short and not granting 
     the waiver or additional flexibility could delay the project 
     to a later construction season; or
       (III) improved safety.

       (2) Maintaining protections.--Nothing in this subsection--
       (A) waives the requirements of section 113 or 138 of title 
     23, United States Code;
       (B) supersedes, amends, or modifies--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) or any other Federal environmental law; 
     or
       (ii) any requirement of title 23, United States Code; or
       (C) affects the responsibility of any Federal officer to 
     comply with or enforce any law or requirement described in 
     this paragraph.

     SEC. 11010. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                   FACILITIES.

       (a) Construction of Ferry Boats and Ferry Terminal 
     Facilities.--Section 147 of title 23, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``In General'' and 
     inserting ``Program'';
       (2) by striking subsections (d) through (g) and inserting 
     the following:
       ``(d) Formula.--Of the amounts allocated under subsection 
     (c)--
       ``(1) 35 percent shall be allocated among eligible entities 
     in the proportion that--
       ``(A) the number of ferry passengers, including passengers 
     in vehicles, carried by each ferry system in the most recent 
     calendar year for which data is available; bears to
       ``(B) the number of ferry passengers, including passengers 
     in vehicles, carried by all ferry systems in the most recent 
     calendar year for which data is available;
       ``(2) 35 percent shall be allocated among eligible entities 
     in the proportion that--
       ``(A) the number of vehicles carried by each ferry system 
     in the most recent calendar year for which data is available; 
     bears to
       ``(B) the number of vehicles carried by all ferry systems 
     in the most recent calendar year for which data is available; 
     and
       ``(3) 30 percent shall be allocated among eligible entities 
     in the proportion that--
       ``(A) the total route nautical miles serviced by each ferry 
     system in the most recent calendar year for which data is 
     available; bears to
       ``(B) the total route nautical miles serviced by all ferry 
     systems in the most recent calendar year for which data is 
     available.
       ``(e) Redistribution of Unobligated Amounts.--The Secretary 
     shall--
       ``(1) withdraw amounts allocated to an eligible entity 
     under subsection (c) that remain unobligated by the end of 
     the third fiscal year following the fiscal year for which the 
     amounts were allocated; and
       ``(2) in the subsequent fiscal year, redistribute the funds 
     referred to in paragraph (1) in accordance with the formula 
     under subsection (d) among eligible entities for which no 
     amounts were withdrawn under paragraph (1).
       ``(f) Minimum Amount.--Notwithstanding subsection (c), a 
     State with an eligible entity that meets the requirements of 
     this section shall receive not less than $100,000 under this 
     section for a fiscal year.
       ``(g) Implementation.--
       ``(1) Data collection.--
       ``(A) National ferry database.--Amounts made available for 
     a fiscal year under this section shall be allocated using the 
     most recent data available, as collected and imputed in 
     accordance with the national ferry database established under 
     section 1801(e) of SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 
     1456).
       ``(B) Eligibility for funding.--To be eligible to receive 
     funds under subsection (c), data shall have been submitted in 
     the most recent collection of data for the national ferry 
     database under section 1801(e) of SAFETEA-LU (23 U.S.C. 129 
     note; 119 Stat. 1456) for at least 1 ferry service within the 
     State.
       ``(2) Adjustments.--On review of the data submitted under 
     paragraph (1)(B), the Secretary may make adjustments to the 
     data as the Secretary determines necessary to correct 
     misreported or inconsistent data.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $80,000,000 for each of fiscal years 2016 through 2021.
       ``(i) Period of Availability.--Notwithstanding section 
     118(b), funds made available to carry out this section shall 
     remain available until expended.
       ``(j) Applicability.--All provisions of this chapter that 
     are applicable to the National Highway System, other than 
     provisions relating to apportionment formula and Federal 
     share, shall apply to funds made available to carry out this 
     section, except as determined by the Secretary to be 
     inconsistent with this section.''.
       (b) National Ferry Database.--Section 1801(e)(4) of 
     SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1456) is amended by 
     striking subparagraph (D) and inserting the following:
       ``(D) make available, from the amounts made available for 
     each fiscal year to carry out chapter 63 of title 49, not 
     more than $500,000 to maintain the database.''.
       (c) Conforming Amendments.--Section 129(c) of title 23, 
     United States Code, is amended--
       (1) in paragraph (2), in the first sentence, by inserting 
     ``, or on a public transit ferry eligible under chapter 53 of 
     title 49'' after ``Interstate System'';
       (2) in paragraph (3)--
       (A) by striking ``(3) Such ferry'' and inserting ``(3)(A) 
     The ferry''; and
       (B) by adding at the end the following:
       ``(B) Any Federal participation shall not involve the 
     construction or purchase, for private ownership, of a ferry 
     boat, ferry terminal facility, or other eligible project 
     under this section.'';
       (3) in paragraph (4), by striking ``and repair,'' and 
     inserting ``repair,''; and
       (4) by striking paragraph (6) and inserting the following:
       ``(6) The ferry service shall be maintained in accordance 
     with section 116.
       ``(7)(A) No ferry boat or ferry terminal with Federal 
     participation under this title may be sold, leased, or 
     otherwise disposed of, except in accordance with part 18 of 
     title 49, Code of Federal Regulations (as in effect on 
     December 18, 2014).
       ``(B) The Federal share of any proceeds from a disposition 
     referred to in subparagraph (A) shall be used for eligible 
     purposes under this title.''.

     SEC. 11011. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       Section 148 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(B)--
       (i) in the matter preceding clause (i), by striking 
     ``includes, but is not limited to,'' and inserting ``only 
     includes''; and
       (ii) by adding at the end the following:
       ``(xxv) Installation of vehicle-to-infrastructure 
     communication equipment.
       ``(xxvi) Pedestrian hybrid beacons.
       ``(xxvii) Roadway improvements that provide separation 
     between pedestrians and motor vehicles, including medians and 
     pedestrian crossing islands.
       ``(xxviii) An infrastructure safety project not described 
     in clauses (i) through (xxvii).''; and
       (B) by striking paragraph (10) and redesignating paragraphs 
     (11) through (13) as paragraphs (10) through (12), 
     respectively;
       (2) in subsection (c)(1)(A), by striking ``subsection 
     (a)(12)'' and inserting ``subsection (a)(11)'';
       (3) in subsection (d)(2)(B)(i), by striking ``subsection 
     (a)(12)'' and inserting ``subsection (a)(11)''; and
       (4) in subsection (g)(1)--
       (A) by striking ``increases'' and inserting ``does not 
     decrease''; and
       (B) by inserting ``and exceeds the national fatality rate 
     on rural roads,'' after ``available,''.

[[Page H7426]]

  


     SEC. 11012. DATA COLLECTION ON UNPAVED PUBLIC ROADS.

       Section 148 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(k) Data Collection on Unpaved Public Roads.--
       ``(1) In general.--A State may elect not to collect 
     fundamental data elements for the model inventory of roadway 
     elements on public roads that are gravel roads or otherwise 
     unpaved if--
       ``(A)(i) more than 45 percent of the public roads in the 
     State are gravel roads or otherwise unpaved; and
       ``(ii) less than 10 percent of fatalities in the State 
     occur on those unpaved public roads; or
       ``(B)(i) more than 70 percent of the public roads in the 
     State are gravel roads or otherwise unpaved; and
       ``(ii) less than 25 percent of fatalities in the State 
     occur on those unpaved public roads.
       ``(2) Calculation.--The percentages described in paragraph 
     (1) shall be based on the average for the 5 most recent years 
     for which relevant data is available.
       ``(3) Use of funds.--If a State elects not to collect data 
     on a road described in paragraph (1), the State shall not use 
     funds provided to carry out this section for a project on 
     that road until the State completes a collection of the 
     required model inventory of roadway elements for the road.''.

     SEC. 11013. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                   PROGRAM.

       Section 149 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)(i)(I), by inserting ``in the 
     designated nonattainment area'' after ``air quality 
     standard'';
       (B) in paragraph (3), by inserting ``or maintenance'' after 
     ``likely to contribute to the attainment'';
       (C) in paragraph (4), by striking ``attainment of'' and 
     inserting ``attainment or maintenance of the area of''; and
       (D) in paragraph (8)(A)(ii)--
       (i) in the matter preceding subclause (I), by inserting 
     ``or port-related freight operations'' after ``construction 
     projects''; and
       (ii) in subclause (II), by inserting ``or chapter 53 of 
     title 49'' after ``this title'';
       (2) in subsection (c)(2), by inserting ``(giving priority 
     to corridors designated under section 151)'' after ``at any 
     location in the State'';
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting 
     ``would otherwise be eligible under subsection (b) if the 
     project were carried out in a nonattainment or maintenance 
     area or'' after ``may use for any project that''; and
       (II) in clause (i), by striking ``(excluding the amount of 
     funds reserved under paragraph (1))''; and

       (ii) in subparagraph (B)(i), by striking ``MAP-21t'' and 
     inserting ``MAP-21''; and
       (B) in paragraph (3), by inserting ``, in a manner 
     consistent with the approach that was in effect on the day 
     before the date of enactment of MAP-21,'' after ``the 
     Secretary shall modify'';
       (4) in subsection (g)--
       (A) in paragraph (2)(B), by striking ``not later that'' and 
     inserting ``not later than'';
       (B) in paragraph (3)--
       (i) by striking ``States and metropolitan'' and inserting 
     the following:
       ``(A) In general.--States and metropolitan'';
       (ii) by striking ``are proven to reduce'' and inserting 
     ``reduce directly emitted''; and
       (iii) by adding at the end the following:
       ``(B) Use of priority funding.--To the maximum extent 
     practicable, PM2.5 priority funding shall be used on the most 
     cost-effective projects and programs that are proven to 
     reduce directly emitted fine particulate matter.'';
       (5) in subsection (k)--
       (A) in paragraph (1)--
       (i) by striking ``that has a nonattainment or maintenance 
     area'' and inserting ``that has 1 or more nonattainment or 
     maintenance areas'';
       (ii) by striking ``a nonattainment or maintenance area that 
     are'' and inserting ``the nonattainment or maintenance areas 
     that are'';
       (iii) by striking ``such area'' both places it appears and 
     inserting ``such areas''; and
       (iv) by striking ``such fine particulate'' and inserting 
     ``directly-emitted fine particulate'';
       (B) in paragraph (2), by striking ``highway construction'' 
     and inserting ``transportation construction''; and
       (C) by adding at the end the following:
       ``(3) Pm2.5 nonattainment and maintenance in low population 
     density states.--
       ``(A) Exception.--In any State with a population density of 
     80 or fewer persons per square mile of land area, based on 
     the most recent decennial census, the requirements under 
     subsection (g)(3) and paragraphs (1) and (2) of this 
     subsection shall not apply to a nonattainment or maintenance 
     area in the State if--
       ``(i) the nonattainment or maintenance area does not have 
     projects that are part of the emissions analysis of a 
     metropolitan transportation plan or transportation 
     improvement program; and
       ``(ii) regional motor vehicle emissions are an 
     insignificant contributor to the air quality problem for 
     PM2.5 in the nonattainment or maintenance area.
       ``(B) Calculation.--If subparagraph (A) applies to a 
     nonattainment or maintenance area in a State, the percentage 
     of the PM2.5 set-aside under paragraph (1) shall be reduced 
     for that State proportionately based on the weighted 
     population of the area in fine particulate matter 
     nonattainment.
       ``(4) Port-related equipment and vehicles.--To meet the 
     requirements under paragraph (1), a State or metropolitan 
     planning organization may elect to obligate funds to the most 
     cost-effective projects to reduce emissions from port-related 
     landside nonroad or on-road equipment that is operated within 
     the boundaries of a PM2.5 nonattainment or maintenance 
     area.'';
       (6) in subsection (l)(1)(B), by inserting ``air quality and 
     traffic congestion'' before ``performance targets''; and
       (7) in subsection (m), by striking ``section 104(b)(2)'' 
     and inserting ``section 104(b)(4)''.

     SEC. 11014. TRANSPORTATION ALTERNATIVES.

       (a) In General.--Section 213 of title 23, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Reservation of Funds.--
       ``(1) In general.--On October 1 of each fiscal year, the 
     Secretary shall set aside from the amount determined for a 
     State under section 104(c) an amount determined for the State 
     under paragraphs (2) and (3).
       ``(2) Total amount.--The total amount set aside for the 
     program under this section shall be $850,000,000 for each 
     fiscal year.
       ``(3) State share.--The Secretary shall distribute among 
     the States the total set-aside amount under paragraph (2) so 
     that each State receives an amount equal to the proportion 
     that--
       ``(A) the amount apportioned to the State for the 
     transportation enhancements program for fiscal year 2009 
     under section 133(d)(2), as in effect on the day before the 
     date of enactment of MAP-21 (Public Law 112-141; 126 Stat. 
     405); bears to
       ``(B) the total amount of funds apportioned to all States 
     for that fiscal year for the transportation enhancements 
     program for fiscal year 2009.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Of the funds'' and all that follows through ``shall be 
     obligated under this section'' in subparagraph (A) and 
     inserting ``Funds reserved in a State under this section 
     shall be obligated'';
       (ii) by striking subparagraph (B);
       (iii) by redesignating clauses (i) through (iii) as 
     subparagraphs (A) through (C), respectively;
       (iv) in subparagraph (B) (as so redesignated), by striking 
     ``greater than 5,000'' and inserting ``of 5,000 or more''; 
     and
       (v) in subparagraph (C) (as so redesignated), by striking 
     ``; and'' and inserting a period;
       (B) in paragraph (2), by striking ``paragraph (1)(A)(i)'' 
     and inserting ``paragraph (1)(A)'';
       (C) in paragraph (3)(A)--
       (i) by striking ``Except as provided in paragraph (1)(B), 
     the'' and inserting ``The''; and
       (ii) by striking ``paragraph (1)(A)(i)'' both places it 
     appears and inserting ``paragraph (1)(A)'';
       (D) in paragraph (4)(B)--
       (i) in clause (vi), by striking ``and'' at the end;
       (ii) by redesignating clause (vii) as clause (viii); and
       (iii) by inserting after clause (vi) the following:
       ``(vii) a nonprofit entity responsible for the 
     administration of local transportation safety programs; 
     and''; and
       (E) in paragraph (5)--
       (i) by striking ``For funds reserved'' and inserting the 
     following:
       ``(A) In general.--For funds reserved'';
       (ii) by striking ``paragraph (1)(A)(i)'' and inserting 
     ``paragraph (1)(A)''; and
       (iii) by adding at the end the following:
       ``(B) No restriction on suballocation.--Nothing in this 
     section prevents a metropolitan planning organization from 
     further suballocating funds within the boundaries of the 
     metropolitan planning area if a competitive process is 
     implemented for the award of the suballocated funds.''; and
       (3) by adding at the end the following:
       ``(h) Annual Reports.--
       ``(1) In general.--Each State or metropolitan planning 
     organization responsible for carrying out the requirements of 
     this section shall submit to the Secretary an annual report 
     that describes--
       ``(A) the number of project applications received for each 
     fiscal year, including--
       ``(i) the aggregate cost of the projects for which 
     applications are received; and
       ``(ii) the types of project to be carried out (as described 
     in subsection (b)), expressed as percentages of the total 
     apportionment of the State under subsection (a); and
       ``(B) the number of projects selected for funding for each 
     fiscal year, including the aggregate cost and location of 
     projects selected.
       ``(2) Public availability.--The Secretary shall make 
     available to the public, in a user-friendly format on the 
     website of the Department, a copy of each annual report 
     submitted under paragraph (1).
       ``(i) Expediting Infrastructure Projects.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall develop 
     regulations or guidance relating to the implementation of 
     this section that encourages the use of the programmatic 
     approaches to environmental reviews, expedited procurement 
     techniques, and other best practices to facilitate productive 
     and timely expenditure for projects that are small, low-
     impact, and constructed within an existing built environment.
       ``(2) State processes.--The Secretary shall work with State 
     departments of transportation to ensure that any regulation 
     or guidance developed under paragraph (1) is consistently 
     implemented by States and the Federal Highway Administration 
     to avoid unnecessary delays in implementing projects and to 
     ensure the effective use of Federal dollars.''.
       (b) Conforming Amendment.--Section 126(b) of title 23, 
     United States Code, is amended--

[[Page H7427]]

       (1) by striking ``set-asides.--'' and all that follows 
     through ``Funds that'' in paragraph (1) and inserting ``set-
     asides.--Funds that'';
       (2) by striking ``sections 104(d) and 133(d)'' and 
     inserting ``sections 104(d), 133(d), and 213(c)''; and
       (3) by striking paragraph (2).

     SEC. 11015. CONSOLIDATION OF PROGRAMS.

       Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 
     574) is amended in the matter preceding paragraph (1) by 
     striking ``fiscal years 2013 and 2014'' and inserting 
     ``fiscal years 2013 through 2021''.

     SEC. 11016. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM 
                   MODIFICATIONS.

       (a) National Highway System Flexibility.--Not later than 90 
     days after the date of enactment of this Act, the Secretary 
     shall issue guidance relating to working with State 
     departments of transportation that request assistance from 
     the division offices of the Federal Highway Administration--
       (1) to review roads classified as principal arterials in 
     the State that were added to the National Highway System as 
     of October 1, 2012, so as to comply with section 103 of title 
     23, United States Code; and
       (2) to identify any necessary functional classification 
     changes to rural and urban principal arterials.
       (b) Administrative Actions.--The Secretary shall direct the 
     division offices of the Federal Highway Administration to 
     work with the applicable State department of transportation 
     that requests assistance under this section--
       (1) to assist in the review of roads in accordance with 
     guidance issued under subsection (a);
       (2) to expeditiously review and facilitate requests from 
     States to reclassify roads classified as principal arterials; 
     and
       (3) in the case of a State that requests the withdrawal of 
     reclassified roads from the National Highway System under 
     section 103(b)(3) of title 23, United States Code, to carry 
     out that withdrawal if the inclusion of the reclassified road 
     in the National Highway System is not consistent with the 
     needs and priorities of the community or region in which the 
     reclassified road is located.
       (c) National Highway System Modification Regulations.--The 
     Secretary shall--
       (1) review the National Highway System modification process 
     described in appendix D of part 470 of title 23, Code of 
     Federal Regulations (or successor regulations); and
       (2) take any action necessary to ensure that a State may 
     submit to the Secretary a request to modify the National 
     Highway System by withdrawing a road from the National 
     Highway System.
       (d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes a description of--
       (1) each request for reclassification of National Highway 
     System roads;
       (2) the status of each request; and
       (3) if applicable, the justification for the denial by the 
     Secretary of a request.
       (e) Modifications to the National Highway System.--Section 
     103(b)(3)(A) of title 23, United States Code, is amended--
       (1) in the matter preceding clause (i)--
       (A) by striking ``, including any modification consisting 
     of a connector to a major intermodal terminal,''; and
       (B) by inserting ``, including any modification consisting 
     of a connector to a major intermodal terminal or the 
     withdrawal of a road from that system,'' after ``the National 
     Highway System''; and
       (2) in clause (ii)--
       (A) by striking ``(ii) enhances'' and inserting ``(ii)(I) 
     enhances'';
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(II) in the case of the withdrawal of a road, is 
     reasonable and appropriate.''.

     SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

       Section 129(a) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B)--
       (i) by striking ``(other than a highway on the Interstate 
     System)''; and
       (ii) by inserting ``non-HOV'' after ``toll-free'' each 
     place it appears;
       (B) by striking subparagraph (C); and
       (C) by redesignating subparagraphs (D) through (I) as 
     subparagraphs (C) through (H), respectively;
       (2) by striking paragraph (4) and paragraph (6);
       (3) by redesignating paragraphs (5), (7), (8), (9), and 
     (10) as paragraphs (4), (5), (6), (7), and (9), respectively;
       (4) in paragraph (4)(B) (as so redesignated), by striking 
     ``the Federal-aid system'' and inserting ``Federal-aid 
     highways''; and
       (5) by inserting after paragraph (7) (as so redesignated) 
     the following:
       ``(8) Equal access for motorcoaches.--A private motorcoach 
     that serves the public shall be provided access to a toll 
     facility under the same rates, terms, and conditions as 
     public transportation buses in the State.''.

     SEC. 11018. HOV FACILITIES.

       Section 166 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (4) and inserting the following:
       ``(4) High occupancy toll vehicles.--
       ``(A) In general.--The State agency may allow vehicles not 
     otherwise exempt under this subsection to use the HOV 
     facility if the operators of the vehicles pay a toll charged 
     by the agency for use of the facility and the agency--
       ``(i) establishes a program that addresses how motorists 
     can enroll and participate in the toll program;
       ``(ii) in the case of a high occupancy vehicle facility 
     that affects a metropolitan area, submits to the Secretary a 
     written statement that the metropolitan planning organization 
     designated under section 134 for the area has been consulted 
     concerning the placement and amount of tolls on the converted 
     facility;
       ``(iii) develops, manages, and maintains a system that will 
     automatically collect the toll; and
       ``(iv) establishes policies and procedures--

       ``(I) to manage the demand to use the facility by varying 
     the toll amount that is charged;
       ``(II) to enforce violations of the use of the facility; 
     and
       ``(III) to ensure that private motorcoaches that serve the 
     public are provided access to the facility under the same 
     rates, terms, and conditions, as public transportation buses 
     in the State.

       ``(B) Exemption from tolls.--In levying a toll on a 
     facility under subparagraph (A), a State agency may--
       ``(i) designate classes of vehicles that are exempt from 
     the toll; and
       ``(ii) charge different toll rates for different classes of 
     vehicles.'';
       (B) in paragraph (5), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Inherently low emission vehicle.--If a State agency 
     establishes procedures for enforcing the restrictions on the 
     use of a HOV facility by vehicles described in clauses (i) 
     and (ii), the State agency may allow the use of the HOV 
     facility by--
       ``(i) alternative fuel vehicles; and
       ``(ii) any motor vehicle described in section 30D(d)(1) of 
     the Internal Revenue Code of 1986.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Tolls'' and inserting ``Notwithstanding 
     section 301, tolls''; and
       (ii) by striking ``notwithstanding section 301 and, except 
     as provided in paragraphs (2) and (3)'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2);
       (3) in subsection (d)(1), by striking subparagraphs (D) and 
     (E) and inserting the following:
       ``(D) Maintenance of operating performance.--
       ``(i) Submission of plan.--Not later than 180 days after 
     the date on which a facility is degraded under paragraph (2), 
     the State agency with jurisdiction over the facility shall 
     submit to the Secretary for approval a plan that details the 
     actions the State agency will take to bring the facility into 
     compliance with the minimum average operating speed 
     performance standard through changes to operation of the 
     facility, including--

       ``(I) increasing the occupancy requirement for HOV lanes;
       ``(II) varying the toll charged to vehicles allowed under 
     subsection (b) to reduce demand;
       ``(III) discontinuing allowing non-HOV vehicles to use HOV 
     lanes under subsection (b); or
       ``(IV) increasing the available capacity of the HOV 
     facility.

       ``(ii) Notice of approval or disapproval.--Not later than 
     60 days after the date of receipt of a plan under clause (i), 
     the Secretary shall provide to the State agency a written 
     notice indicating whether the Secretary has approved or 
     disapproved the plan based on a determination of whether the 
     implementation of the plan will bring the HOV facility into 
     compliance.
       ``(iii) Biannual progress updates.--Until the date on which 
     the Secretary determines that the State agency has brought 
     the HOV facility into compliance with this subsection, the 
     State agency shall submit biannual updates that describe--

       ``(I) the actions taken to bring the HOV facility into 
     compliance; and
       ``(II) the progress made by those actions.

       ``(E) Compliance.--The Secretary shall subject the State to 
     appropriate program sanctions under section 1.36 of title 23, 
     Code of Federal Regulations (or successor regulations), until 
     the performance is no longer degraded, if--
       ``(i) the State agency fails to submit an approved action 
     plan under subparagraph (D) to bring a degraded facility into 
     compliance; or
       ``(ii) after the State submits and the Secretary approves 
     an action plan under subparagraph (D), the Secretary 
     determines that, on a date that is not earlier than 1 year 
     after the approval of the action plan, the State agency is 
     not making significant progress toward bringing the HOV 
     facility into compliance with the minimum average operating 
     speed performance standard.''; and
       (4) in subsection (f)(1), in the matter preceding 
     subparagraph (A), by inserting ``solely'' before 
     ``operating''.

     SEC. 11019. INTERSTATE SYSTEM RECONSTRUCTION AND 
                   REHABILITATION PILOT PROGRAM.

       Section 1216(b) of the Transportation Equity Act for the 
     21st Century (Public Law 105-178; 112 Stat. 212) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (A), by striking ``the age, condition, 
     and intensity of use of the facility'' and inserting ``an 
     analysis demonstrating that the facility has a significant 
     age, condition, or intensity of use to require expedited 
     reconstruction or rehabilitation'';
       (B) in subparagraph (D)(iii), by inserting ``, and that 
     demonstrates the capability of that agency to perform or 
     oversee the building, operation, and maintenance of a toll 
     expressway system meeting criteria for the Interstate 
     System'' before the semicolon at the end; and

[[Page H7428]]

       (C) by adding at the end the following:
       ``(E) An analysis showing how the State plan for 
     implementing tolls on the facility takes into account the 
     interests and use of local, regional, and interstate 
     travelers.
       ``(F) An explanation of how the State will collect tolls 
     using electronic toll collection, including at highway 
     speeds, if practicable.
       ``(G) A plan describing the proposed location for the 
     collection of tolls on the facility, including any locations 
     in proximity to a State border.
       ``(H) Approved documentation that the project--
       ``(i) has received a categorical exclusion, a finding of no 
     significant impact, or a record of decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.); and
       ``(ii) complies with the Uniform Relocation Assistance and 
     Real Property Acquisition Policies Act of 1970 (42 U.S.C. 
     4601 et seq.).'';
       (2) by striking paragraphs (4) and (6);
       (3) by redesignating paragraph (5) as paragraph (4);
       (4) in paragraph (4)(as so redesignated)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Before the Secretary may permit'' and inserting ``As a 
     condition of permitting'';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``for--
     '' and inserting ``for permissible uses described in section 
     129(a)(3) of title 23, United States Code; and''; and
       (ii) by striking clauses (i) through (iii);
       (5) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) Application processing procedure.--
       ``(A) In general.--Not later than 60 days after receipt of 
     an application under this subsection, the Secretary shall 
     provide to the applicant a written notice informing the 
     applicant whether--
       ``(i) the application is complete and meets all 
     requirements under this subsection; or
       ``(ii) additional information or materials are needed--

       ``(I) to complete the application; or
       ``(II) to meet the eligibility requirements under paragraph 
     (3).

       ``(B) Additional information or materials.--
       ``(i) In general.--Not later than 60 days after receipt of 
     an application, the Secretary shall--

       ``(I) identify any additional information or materials that 
     are needed under subparagraph (A)(ii); and
       ``(II) provide to the applicant written notice specifying 
     the details of the additional required information or 
     materials.

       ``(ii) Amended application.--Not later than 60 days after 
     receipt of the additional information under clause (i), the 
     Secretary shall determine if the amended application is 
     complete and meets all requirements under this subsection.
       ``(C) Technical assistance.--On the request of a State, the 
     Secretary shall provide technical assistance to facilitate 
     the development of a complete application under this 
     paragraph that is likely to satisfy the eligibility criteria 
     under paragraph (3).
       ``(D) Approval of application.--On written notice by the 
     Secretary that the application is complete and meets all 
     requirements of this subsection, the project is considered 
     approved and shall be permitted to participate in the program 
     under this subsection.
       ``(E) Limitation on approved application.--
       ``(i) In general.--For an application received under this 
     subsection on or after the date of enactment of the DRIVE Act 
     for the reconstruction or rehabilitation of a facility, a 
     State shall--

       ``(I) not later than 1 year after the date on which the 
     application is approved, issue a solicitation for a contract 
     to provide for the reconstruction or rehabilitation of the 
     facility; and
       ``(II) not later than 2 years after the date on which the 
     application is approved, execute a contract for the 
     reconstruction or rehabilitation of the facility.

       ``(ii) Prior applications.--For an application that 
     received a conditional provisional approval under this 
     subsection before the date of enactment of the DRIVE Act, for 
     the reconstruction or rehabilitation of a facility, a State 
     shall--

       ``(I) not later than 1 year after the date of enactment of 
     the DRIVE Act, issue a solicitation for a contract to provide 
     for the reconstruction or rehabilitation of the facility; and
       ``(II) not later than 2 years after the date of enactment 
     of the DRIVE Act, execute a contract for the reconstruction 
     or rehabilitation of the facility.

       ``(iii) Cancellation or extension.--If an applicable 
     deadline under clause (i) or (ii) is not met, the Secretary 
     shall--

       ``(I) cancel the application approval; or
       ``(II) grant an extension of not more than 1 year for the 
     applicable deadline, on the condition that--

       ``(aa) there has been demonstrable progress toward meeting 
     the applicable requirements; and
       ``(bb) the requirements are likely to be met within 1 year.
       ``(6) Limitation on the use of national highway performance 
     program funds.--During the term of the pilot program, funds 
     apportioned for the national highway performance program 
     under section 104(b)(1) of title 23, United States Code, may 
     not be used for a facility for which tolls are being 
     collected under the pilot program unless the funds are used 
     for a maintenance purpose, as defined in section 101(a) of 
     title 23, United States Code.'';
       (6) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (7) by inserting after paragraph (6) the following:
       ``(7) Withdrawal.--A State may elect to withdraw 
     participation of the State in the pilot program at any 
     time.''; and
       (8) in paragraph (8) (as redesignated by paragraph (6)), by 
     inserting ``after the date of enactment of the DRIVE Act'' 
     after ``10 years''.

     SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.

       (a) Eligibility.--Section 125(d)(3) of title 23, United 
     States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) projects eligible for assistance under this section 
     located on tribal transportation facilities, Federal lands 
     transportation facilities, or other federally owned roads 
     that are open to public travel (as defined in subsection 
     (e)(1)).''.
       (b) Definition.--Section 125(e) of title 23, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Definitions.--In this subsection:
       ``(A) Open to public travel.--The term `open to public 
     travel' means, with respect to a road, that, except during 
     scheduled periods, extreme weather conditions, or 
     emergencies, the road--
       ``(i) is maintained;
       ``(ii) is open to the general public; and
       ``(iii) can accommodate travel by a standard passenger 
     vehicle, without restrictive gates or prohibitive signs or 
     regulations, other than for general traffic control or 
     restrictions based on size, weight, or class of registration.
       ``(B) Standard passenger vehicle.--The term `standard 
     passenger vehicle' means a vehicle with 6 inches of clearance 
     from the lowest point of the frame, body, suspension, or 
     differential to the ground.''.

     SEC. 11021. BRIDGES REQUIRING CLOSURE OR LOAD RESTRICTIONS.

       Section 144(h) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) Bridges requiring closure or load restrictions.--
       ``(A) Bridges owned by federal agencies or tribal 
     governments.--If a Federal agency or tribal government fails 
     to ensure that any highway bridge that is open to public 
     travel and located in the jurisdiction of the Federal agency 
     or tribal government is properly closed or restricted to 
     loads that the bridge can carry safely, the Secretary--
       ``(i) shall, on learning of the need to close or restrict 
     loads on the bridge, require the Federal agency or tribal 
     government to take action necessary--

       ``(I) to close the bridge within 48 hours; or
       ``(II) within 30 days, to restrict public travel on the 
     bridge to loads that the bridge can carry safely; and

       ``(ii) may, if the Federal agency or tribal government 
     fails to take action required under clause (i), withhold all 
     funding authorized under this title for the Federal agency or 
     tribal government.''.
       ``(B) Other bridges.--If a State fails to ensure that any 
     highway bridge, other than a bridge described in subparagraph 
     (A), that is open to public travel and is located within the 
     boundaries of the State is properly closed or restricted to 
     loads the bridge can carry safely, the Secretary--
       ``(i) shall, on learning of the need to close or restrict 
     loads on the bridge, require the State to take action 
     necessary--

       ``(I) to close the bridge within 48 hours; or
       ``(II) within 30 days, to restrict public travel on the 
     bridge to loads that the bridge can carry safely; and

       ``(ii) may, if the State fails to take action required 
     under clause (i), withhold approval for Federal-aid projects 
     in that State.''; and
       (3) in paragraph (8) (as redesignated by paragraph (1)), by 
     striking ``(6)'' and inserting ``(7)''.

     SEC. 11022. NATIONAL ELECTRIC VEHICLE CHARGING AND NATURAL 
                   GAS FUELING CORRIDORS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 150 the following:

     ``Sec. 151. National electric vehicle charging and natural 
       gas fueling corridors

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the DRIVE Act, the Secretary shall designate 
     national electric vehicle charging and natural gas fueling 
     corridors that identify the near- and long-term need for, and 
     location of, electric vehicle charging infrastructure and 
     natural gas fueling infrastructure at strategic locations 
     along major national highways to improve the mobility of 
     passenger and commercial vehicles that employ electric and 
     natural gas fueling technologies across the United States.
       ``(b) Designation of Corridors.--In designating the 
     corridors under subsection (a), the Secretary shall--
       ``(1) solicit nominations from State and local officials 
     for facilities to be included in the corridors;
       ``(2) incorporate existing electric vehicle charging and 
     natural gas fueling corridors designated by a State or group 
     of States; and
       ``(3) consider the demand for, and location of, existing 
     electric vehicle charging and natural gas fueling 
     infrastructure.
       ``(c) Stakeholders.--In designating corridors under 
     subsection (a), the Secretary shall involve, on a voluntary 
     basis, stakeholders that include--
       ``(1) the heads of other Federal agencies;
       ``(2) State and local officials;
       ``(3) representatives of--
       ``(A) energy utilities;
       ``(B) the electric and natural gas vehicle industries;
       ``(C) the freight and shipping industry;
       ``(D) clean technology firms;

[[Page H7429]]

       ``(E) the hospitality industry;
       ``(F) the restaurant industry; and
       ``(G) highway rest stop vendors; and
       ``(4) such other stakeholders as the Secretary determines 
     to be necessary.
       ``(d) Redesignation.--Not later than 5 years after the date 
     of establishment of the corridors under subsection (a), and 
     every 5 years thereafter, the Secretary shall update and 
     redesignate the corridors.
       ``(e) Report.--During designation and redesignation of the 
     corridors under this section, the Secretary shall issue a 
     report that--
       ``(1) identifies electric vehicle charging and natural gas 
     fueling infrastructure and standardization needs for 
     electricity providers, natural gas providers, infrastructure 
     providers, vehicle manufacturers, electricity purchasers, and 
     natural gas purchasers; and
       ``(2) establishes an aspirational goal of achieving 
     strategic deployment of electric vehicle charging and natural 
     gas fueling infrastructure in those corridors by the end of 
     fiscal year 2021.''.
       (b) Conforming Amendment.--The analysis of chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 151 and inserting the following:

``151. National Electric Vehicle Charging and Natural Gas Fueling 
              Corridors.''.

     SEC. 11023. ASSET MANAGEMENT.

       (a) Section 119 of title 23, United States Code, is 
     amended--
       (1) in subsection (f)(2)--
       (A) in subparagraph (A), by striking ``structurally 
     deficient'' and inserting ``being in poor condition''; and
       (B) in subparagraph (B), by striking ``structurally 
     deficient'' and inserting ``being in poor condition''; and
       (2) by adding at the end the following:
       ``(h) Critical Infrastructure.--
       ``(1) Definition of critical infrastructure.--In this 
     subsection, the term `critical infrastructure' means those 
     facilities the incapacity or failure of which would have a 
     debilitating impact on national or regional economic 
     security, national or regional energy security, national or 
     regional public health or safety, or any combination of those 
     matters.
       ``(2) Designation.--The asset management plan of a State 
     developed pursuant to subsection (e) may include a 
     designation of a critical infrastructure network of 
     facilities from among those facilities in the State that are 
     eligible under subsection (c).
       ``(3) Risk reduction.--A State may use funds apportioned 
     under this section for projects intended to reduce the risk 
     of failure of facilities designated as being on the critical 
     infrastructure network of the State.''.
       (b) Section 144 of title 23, United States Code, is 
     amended--
       (1) in subsection (a)(1)(B), by striking ``deficient''; and
       (2) in subsection (b)(5), by striking ``each structurally 
     deficient bridge'' and inserting ``each bridge in poor 
     condition''.
       (c) Section 202(d) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``deficient'';
       (2) in paragraph (2)(B), by striking ``deficient''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking the semicolon at the 
     end and inserting ``; and'';
       (B) in subparagraph (B), by striking ``; and'' at the end 
     and inserting a period; and
       (C) by striking subparagraph (C).

     SEC. 11024. TRIBAL TRANSPORTATION PROGRAM AMENDMENT.

       Section 202 of title 23, United States Code, is amended--
       (1) in subsection (a)(6), by striking ``6 percent'' and 
     inserting ``5 percent''; and
       (2) in subsection (d)(2), in the matter preceding 
     subparagraph (A) by striking ``2 percent'' and inserting ``3 
     percent''.

     SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 
                   PROJECTS PROGRAM.

       (a) Purpose.--The Secretary shall establish a nationally 
     significant Federal lands and tribal projects program 
     (referred to in this section as the ``program'') to provide 
     funding to construct, reconstruct, or rehabilitate nationally 
     significant Federal lands and tribal transportation projects.
       (b) Eligible Applicants.--
       (1) In general.--Except as provided in paragraph (2), 
     entities eligible to receive funds under sections 201, 202, 
     203, and 204 of title 23, United States Code, may apply for 
     funding under the program.
       (2) Special rule.--A State, county, or unit of local 
     government may only apply for funding under the program if 
     sponsored by an eligible Federal land management agency or 
     Indian tribe.
       (c) Eligible Projects.--An eligible project under the 
     program shall be a single continuous project--
       (1) on a Federal lands transportation facility, a Federal 
     lands access transportation facility, or a Tribal 
     transportation facility (as those terms are defined in 
     section 101 of title 23, United States Code), except that 
     such facility is not required to be included on an inventory 
     described in sections 202 or 203 of title 23, United States 
     Code;
       (2) for which completion of activities required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) has been demonstrated through--
       (A) a record of decision with respect to the project;
       (B) a finding that the project has no significant impact; 
     or
       (C) a determination that the project is categorically 
     excluded; and
       (3) having an estimated cost, based on the results of 
     preliminary engineering, equal to or exceeding $25,000,0000, 
     with priority consideration given to projects with an 
     estimated cost equal to or exceeding $50,000,000.
       (d) Eligible Activities.--
       (1) In general.--Subject to paragraph (2), an eligible 
     applicant receiving funds under the program may only use the 
     funds for construction, reconstruction, and rehabilitation 
     activities.
       (2) Ineligible activities.--An eligible applicant may not 
     use funds received under the program for activities relating 
     to project design.
       (e) Applications.--Eligible applicants shall submit to the 
     Secretary an application at such time, in such form, and 
     containing such information as the Secretary may require.
       (f) Selection Criteria.--In selecting a project to receive 
     funds under the program, the Secretary shall consider the 
     extent to which the project--
       (1) furthers the goals of the Department, including state 
     of good repair, environmental sustainability, economic 
     competitiveness, quality of life, and safety;
       (2) improves the condition of critical multimodal 
     transportation facilities;
       (3) needs construction, reconstruction, or rehabilitation;
       (4) is included in or eligible for inclusion in the 
     National Register of Historic Places;
       (5) enhances environmental ecosystems;
       (6) uses new technologies and innovations that enhance the 
     efficiency of the project;
       (7) is supported by funds, other than the funds received 
     under the program, to construct, maintain, and operate the 
     facility;
       (8) spans 2 or more States; and
       (9) serves land owned by multiple Federal agencies or 
     Indian tribes.
       (g) Federal Share.--The Federal share of the cost of a 
     project shall be 95 percent.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $150,000,000 for 
     each of fiscal years 2016 through 2021, to remain available 
     for a period of 3 fiscal years following the fiscal year for 
     which the amounts were appropriated.

     SEC. 11026. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.

       Section 201(c) of title 23, United States Code, is 
     amended--
       (1) in paragraph (6)(A)--
       (A) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively;
       (B) in the matter preceding subclause (I) (as so 
     redesignated), by striking ``The Secretaries'' and inserting 
     the following:
       ``(i) In general.--The Secretaries'';
       (C) by inserting a period after ``tribal transportation 
     program''; and
       (D) by striking ``in accordance with'' and all that follows 
     through ``including--'' and inserting the following:
       ``(ii) Requirement.--Data collected to implement the tribal 
     transportation program shall be in accordance with the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.).
       ``(iii) Inclusions.--Data collected under this paragraph 
     includes--''; and
       (2) by striking paragraph (7) and inserting the following--
       ``(7) Cooperative research and technology deployment.--The 
     Secretary may conduct cooperative research and technology 
     deployment in coordination with Federal land management 
     agencies, as determined appropriate by the Secretary.
       ``(8) Funding.--
       ``(A) In general.--To carry out the activities described in 
     this subsection for Federal lands transportation facilities, 
     Federal lands access transportation facilities, and other 
     federally owned roads open to public travel (as that term is 
     defined in section 125(e)), the Secretary shall combine and 
     use not greater than 5 percent for each fiscal year of the 
     funds authorized for programs under sections 203 and 204.
       ``(B) Other activities.--In addition to the activities 
     described in subparagraph (A), funds described under that 
     subparagraph may be used for--
       ``(i) bridge inspections on any federally owned bridge even 
     if that bridge is not included on the inventory described 
     under section 203; and
       ``(ii) transportation planning activities carried out by 
     Federal land management agencies eligible for funding under 
     this chapter.''.

     SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM.

       Section 203 of title 23, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (B), by striking ``operation'' and 
     inserting ``capital, operations,''; and
       (B) in subparagraph (D), by striking ``subparagraph 
     (A)(iv)'' and inserting ``subparagraph (A)(iv)(I)'';
       (2) in subsection (b)--
       (A) in paragraph (1)(B)--
       (i) in clause (iv), by striking ``and'' at the end;
       (ii) in clause (v), by striking the period at the end and 
     inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(vi) the Bureau of Reclamation; and
       ``(vii) independent Federal agencies with natural resource 
     and land management responsibilities.''; and
       (B) in paragraph (2)(B), in the matter preceding clause 
     (i), by inserting ``performance management, including'' after 
     ``support''; and
       (3) in subsection (c)(2)(B), by adding at the end the 
     following:
       ``(vi) The Bureau of Reclamation.''.

     SEC. 11028. INNOVATIVE PROJECT DELIVERY.

       Section 120(c)(3) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (A)(ii)--
       (A) by inserting ``engineering or design approaches,'' 
     after ``technologies,''; and
       (B) by striking ``or contracting'' and inserting ``or 
     contracting or project delivery''; and

[[Page H7430]]

       (2) in subparagraph (B)(iii), by inserting ``and 
     alternative bidding'' before the semicolon at the end.

     SEC. 11029. OBLIGATION AND RELEASE OF FUNDS.

       Section 118(c)(2) of title 23, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``Any funds'' and inserting the following:
       ``(A) In general.--Any funds'';
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately; and
       (3) by adding at the end the following:
       ``(B) Same class of funds no longer authorized.--If the 
     same class of funds described in subparagraph (A)(i) is no 
     longer authorized in the most recent authorizing law, the 
     funds may be credited to a similar class of funds, as 
     determined by the Secretary.''.

              Subtitle B--Acceleration of Project Delivery

     SEC. 11101. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED 
                   FEDERAL ASSISTANCE.

       Section 1317 of MAP-21 (23 U.S.C. 109 note; Public Law 112-
     141) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Not later than'' and inserting the following:
       ``(a) In General.--Not later than''; and
       (2) by adding at the end the following:
       ``(b) Inflationary Adjustment.--The dollar amounts 
     described in subsection (a) shall be adjusted for inflation--
       ``(1) effective October 1, 2015, to reflect changes since 
     July 1, 2012, in the Consumer Price Index for All Urban 
     Consumers published by the Bureau of Labor Statistics of the 
     Department of Labor; and
       ``(2) effective October 1, 2016, and each succeeding 
     October 1, to reflect changes for the preceding 12-month 
     period in the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.''.

     SEC. 11102. PROGRAMMATIC AGREEMENT TEMPLATE.

       (a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109 
     note; Public Law 112-141) is amended by adding at the end the 
     following:
       ``(e) Programmatic Agreement Template.--
       ``(1) In general.--The Secretary shall develop a template 
     programmatic agreement described in subsection (d) that 
     provides for efficient and adequate procedures for evaluating 
     Federal actions described in section 771.117(c) of title 23, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this subsection).
       ``(2) Use of template.--The Secretary--
       ``(A) on receipt of a request from a State, shall use the 
     template programmatic agreement developed under paragraph (1) 
     in carrying out this section; and
       ``(B) on consent of the applicable State, may modify the 
     template as necessary to address the unique needs and 
     characteristics of the State.
       ``(3) Outcome measurements.--The Secretary shall establish 
     a method to verify that actions described in section 
     771.117(c) of title 23, Code of Federal Regulations (as in 
     effect on the date of enactment of this subsection), are 
     evaluated and documented in a consistent manner by the State 
     that uses the template programmatic agreement under this 
     subsection.''.
       (b) Categorical Exclusion Determinations.--Not later than 
     30 days after the date of enactment of this Act, the 
     Secretary shall revise section 771.117(g) of title 23, Code 
     of Federal Regulations, to allow a programmatic agreement 
     under this section to include responsibility for making 
     categorical exclusion determinations--
       (1) for actions described in subsections (c) and (d) of 
     section 771.117 of title 23, Code of Federal Regulations; and
       (2) that meet the criteria for a categorical exclusion 
     under section 1508.4 of title 40, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act), and are 
     identified in the programmatic agreement.

     SEC. 11103. AGENCY COORDINATION.

       (a) Roles and Responsibility of Lead Agency.--Section 
     139(c)(6) of title 23, United States Code, is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) to consider and respond to comments received from 
     participating agencies on matters within the special 
     expertise or jurisdiction of the participating agencies.''.
       (b) Participating Agency Responsibilities.--Section 139(d) 
     of title 23, United States Code, is amended by adding at the 
     end the following:
       ``(8) Participating agency responsibilities.--An agency 
     participating in the collaborative environmental review 
     process under this section shall--
       ``(A) provide comments, responses, studies, or 
     methodologies on those areas within the special expertise or 
     jurisdiction of the Federal participating or cooperating 
     agency; and
       ``(B) use the process to address any environmental issues 
     of concern to the participating or cooperating agency.''.

     SEC. 11104. INITIATION OF ENVIRONMENTAL REVIEW PROCESS.

       Section 139 of title 23, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (6) and 
     inserting the following:
       ``(6) Project.--
       ``(A) In general.--The term `project' means any highway 
     project, public transportation capital project, or multimodal 
     project that, if implemented as proposed by the project 
     sponsor, would require approval by any operating 
     administration or secretarial office within the Department.
       ``(B) Considerations.--For purposes of this paragraph, the 
     Secretary shall take into account, if known, any sources of 
     Federal funding or financing identified by the project 
     sponsor, including discretionary grant, loan, and loan 
     guarantee programs administered by the Department.'';
       (2) in subsection (e)--
       (A) in paragraph (1), by inserting ``(including any 
     additional information that the project sponsor considers to 
     be important to initiate the process for the proposed 
     project)'' after ``location of the proposed project''; and
       (B) by adding at the end the following:
       ``(3) Review of application.--Not later than 45 days after 
     the date on which an application is received by the Secretary 
     under this subsection, the Secretary shall provide to the 
     project sponsor a written response that, as applicable--
       ``(A) describes the determination of the Secretary--
       ``(i) to initiate the environmental review process, 
     including a timeline and an expected date for the publication 
     in the Federal Register of the relevant notice of intent; or
       ``(ii) to decline the application, including an explanation 
     of the reasons for that decision; or
       ``(B) requests additional information, and provides to the 
     project sponsor an accounting, regarding what is necessary to 
     initiate the environmental review process.
       ``(4) Request to designate a lead agency.--
       ``(A) In general.--Any project sponsor may submit a request 
     to the Secretary to designate a specific operating 
     administration or secretarial office within the Department of 
     Transportation to serve as the Federal lead agency for a 
     project.
       ``(B) Proposed schedule.--A request under subparagraph (A) 
     may include a proposed schedule for completing the 
     environmental review process.
       ``(C) Secretarial action.--
       ``(i) In general.--If a request under subparagraph (A) is 
     received, the Secretary shall respond to the request not 
     later than 45 days after the date of receipt.
       ``(ii) Requirements.--The response shall--

       ``(I) approve the request;
       ``(II) deny the request, with an explanation of the 
     reasons; or
       ``(III) require the submission of additional information.

       ``(iii) Additional information.--If additional information 
     is submitted in accordance with clause (ii)(III), the 
     Secretary shall respond to that submission not later than 45 
     days after the date of receipt.''; and
       (3) in subsection (f)(4), by adding at the end the 
     following:
       ``(E) Reduction of duplication.--
       ``(i) In general.--In carrying out this paragraph, the lead 
     agency shall reduce duplication, to the maximum extent 
     practicable, between--

       ``(I) the evaluation of alternatives under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       ``(II) the evaluation of alternatives in the metropolitan 
     transportation planning process under section 134 of title 
     23, United States Code, or an environmental review process 
     carried out under State law (referred to in this subparagraph 
     as a `State environmental review process').

       ``(ii) Consideration of alternatives.--The lead agency may 
     eliminate from detailed consideration an alternative proposed 
     in an environmental impact statement regarding a project if, 
     as determined by the lead agency--

       ``(I) the alternative was considered in a metropolitan 
     planning process or a State environmental review process by a 
     metropolitan planning organization or a State or local 
     transportation agency, as applicable;
       ``(II) the lead agency provided guidance to the 
     metropolitan planning organization or State or local 
     transportation agency, as applicable, regarding analysis of 
     alternatives in the metropolitan planning process or State 
     environmental review process, including guidance on the 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) and any other requirements of 
     Federal law necessary for approval of the project;
       ``(III) the applicable metropolitan planning process or 
     State environmental review process included an opportunity 
     for public review and comment;
       ``(IV) the applicable metropolitan planning organization or 
     State or local transportation agency rejected the alternative 
     after considering public comments;
       ``(V) the Federal lead agency independently reviewed the 
     alternative evaluation approved by the applicable 
     metropolitan planning organization or State or local 
     transportation agency; and
       ``(VI) the Federal lead agency has determined--

       ``(aa) in consultation with Federal participating or 
     cooperating agencies, that the alternative to be eliminated 
     from consideration is not necessary for compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.); or
       ``(bb) with the concurrence of Federal agencies with 
     jurisdiction over a permit or approval required for a 
     project, that the alternative to be eliminated from 
     consideration is not necessary for any permit or approval 
     under any other Federal law.''.

     SEC. 11105. IMPROVING COLLABORATION FOR ACCELERATED DECISION 
                   MAKING.

       (a) Coordination and Scheduling.--Section 139(g)(1)(B)(i) 
     of title 23, United States Code, is amended--
       (1) by striking ``The lead agency'' and inserting ``For a 
     project requiring an environmental impact statement or 
     environmental assessment, the lead agency''; and
       (2) by striking ``may'' and inserting ``shall''.
       (b) Issue Identification and Resolution.--Section 139(h) of 
     title 23, United States Code, is amended--

[[Page H7431]]

       (1) in paragraph (4)(C), by striking ``paragraph (5) and'' 
     and inserting ``paragraph (5)'';
       (2) in paragraph (5)(A)(ii)(I), by inserting ``, including 
     modifications to the project schedule'' after ``review 
     process''; and
       (3) in paragraph (6)(B), by striking clause (ii) and 
     inserting the following:
       ``(ii) Description of date.--The date referred to in clause 
     (i) is 1 of the following:

       ``(I) The date that is 30 days after the date for rendering 
     a decision as described in the project schedule established 
     pursuant to subsection (g)(1)(B).
       ``(II) If no schedule exists, the later of--

       ``(aa) the date that is 180 days after the date on which an 
     application for the permit, license or approval is complete; 
     or
       ``(bb) the date that is 180 days after the date on which 
     the Federal lead agency issues a decision on the project 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

       ``(III) A modified date consistent with subsection 
     (g)(1)(D).''.

     SEC. 11106. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 
                   REVIEWS.

       (a) In General.--Section 139 of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(n) Accelerated Decisionmaking in Environmental 
     Reviews.--
       ``(1) In general.--In preparing a final environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies 
     the statement in response to comments that are minor and are 
     confined to factual corrections or explanations regarding why 
     the comments do not warrant additional agency response, the 
     lead agency may write on errata sheets attached to the 
     statement instead of rewriting the draft statement, subject 
     to the condition that the errata sheets shall--
       ``(A) cite the sources, authorities, or reasons that 
     support the position of the lead agency; and
       ``(B) if appropriate, indicate the circumstances that would 
     trigger agency reappraisal or further response.
       ``(2) Incorporation.--To the maximum extent practicable, 
     the lead agency shall expeditiously develop a single document 
     that consists of a final environmental impact statement and a 
     record of decision, unless--
       ``(A) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       ``(B) there are significant new circumstances or 
     information that--
       ``(i) are relevant to environmental concerns; and
       ``(ii) bear on the proposed action or the impacts of the 
     proposed action.''.
       (b) Repeal.--Section 1319 of MAP-21 (42 U.S.C. 4332a) is 
     repealed.

     SEC. 11107. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.

       Section 139 of title 23, United States Code (as amended by 
     section 11106(a)), is amended by adding at the end the 
     following:
       ``(o) Reviews, Approvals, and Permitting Platform.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall establish 
     an online platform and, in coordination with agencies 
     described in paragraph (2), issue reporting standards to make 
     publicly available the status of reviews, approvals, and 
     permits required for compliance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     other applicable Federal laws for projects and activities 
     requiring an environmental assessment or an environmental 
     impact statement.
       ``(2) Federal agency participation.--A Federal agency of 
     jurisdiction over a review, approval, or permit described in 
     paragraph (1) shall provide status information in accordance 
     with the standards established by the Secretary under 
     paragraph (1).
       ``(3) State responsibilities.--A State that is assigned and 
     assumes responsibilities under section 326 or 327 shall 
     provide applicable status information in accordance with 
     standards established by the Secretary under paragraph 
     (1).''.

     SEC. 11108. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

       Section 168 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec. 168. Integration of planning and environmental review

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Environmental review process.--The term 
     `environmental review process' means the process for 
     preparing for a project an environmental impact statement, 
     environmental assessment, categorical exclusion, or other 
     document prepared under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Lead agency.--The term `lead agency' has the meaning 
     given the term in section 139(a).
       ``(3) Planning product.--The term `planning product' means 
     a decision, analysis, study, or other documented information 
     that is the result of an evaluation or decisionmaking process 
     carried out by a metropolitan planning organization or a 
     State, as appropriate, during metropolitan or statewide 
     transportation planning under section 134 or 135, 
     respectively.
       ``(4) Project.--The term `project' has the meaning given 
     the term in section 139(a).
       ``(b) Adoption of Planning Products for Use in NEPA 
     Proceedings.--
       ``(1) In general.--Subject to subsection (d), the Federal 
     lead agency for a project may adopt and use a planning 
     product in proceedings relating to any class of action in the 
     environmental review process of the project.
       ``(2) Identification.--If the Federal lead agency makes a 
     determination to adopt and use a planning product, the 
     Federal lead agency shall identify the agencies that 
     participated in the development of the planning products.
       ``(3) Partial adoption of planning products.--The Federal 
     lead agency may--
       ``(A) adopt an entire planning product under paragraph (1); 
     or
       ``(B) select portions of a planning project under paragraph 
     (1) for adoption.
       ``(4) Timing.--A determination under paragraph (1) with 
     respect to the adoption of a planning product may--
       ``(A) be made at the time the lead agencies decide the 
     appropriate scope of environmental review for the project; or
       ``(B) occur later in the environmental review process, as 
     appropriate.
       ``(c) Applicability.--
       ``(1) Planning decisions.--The lead agency in the 
     environmental review process may adopt decisions from a 
     planning product, including--
       ``(A) whether tolling, private financial assistance, or 
     other special financial measures are necessary to implement 
     the project;
       ``(B) a decision with respect to general travel corridor or 
     modal choice, including a decision to implement corridor or 
     subarea study recommendations to advance different modal 
     solutions as separate projects with independent utility;
       ``(C) the purpose and the need for the proposed action;
       ``(D) preliminary screening of alternatives and elimination 
     of unreasonable alternatives;
       ``(E) a basic description of the environmental setting;
       ``(F) a decision with respect to methodologies for 
     analysis; and
       ``(G) an identification of programmatic level mitigation 
     for potential impacts of transportation projects, including--
       ``(i) measures to avoid, minimize, and mitigate impacts at 
     a regional or national scale;
       ``(ii) investments in regional ecosystem and water 
     resources; and
       ``(iii) a programmatic mitigation plan developed in 
     accordance with section 169.
       ``(2) Planning analyses.--The lead agency in the 
     environmental review process may adopt analyses from a 
     planning product, including--
       ``(A) travel demands;
       ``(B) regional development and growth;
       ``(C) local land use, growth management, and development;
       ``(D) population and employment;
       ``(E) natural and built environmental conditions;
       ``(F) environmental resources and environmentally sensitive 
     areas;
       ``(G) potential environmental effects, including the 
     identification of resources of concern and potential indirect 
     and cumulative effects on those resources; and
       ``(H) mitigation needs for a proposed action, or for 
     programmatic level mitigation, for potential effects that the 
     Federal lead agency determines are most effectively addressed 
     at a regional or national program level.
       ``(d) Conditions.--The lead agency in the environmental 
     review process may adopt and use a planning product under 
     this section if the lead agency determines, with the 
     concurrence of other participating agencies with relevant 
     expertise and project sponsors, as appropriate, that the 
     following conditions have been met:
       ``(1) The planning product was developed through a planning 
     process conducted pursuant to applicable Federal law.
       ``(2) The planning product was developed in consultation 
     with appropriate Federal and State resource agencies and 
     Indian tribes.
       ``(3) The planning process included broad multidisciplinary 
     consideration of systems-level or corridor-wide 
     transportation needs and potential effects, including effects 
     on the human and natural environment.
       ``(4) The planning process included public notice that the 
     planning products produced in the planning process may be 
     adopted during a subsequent environmental review process in 
     accordance with this section.
       ``(5) During the environmental review process, the lead 
     agency has--
       ``(A) made the planning documents available for public 
     review and comment;
       ``(B) provided notice of the intention of the lead agency 
     to adopt the planning product; and
       ``(C) considered any resulting comments.
       ``(6) There is no significant new information or new 
     circumstance that has a reasonable likelihood of affecting 
     the continued validity or appropriateness of the planning 
     product.
       ``(7) The planning product has a rational basis and is 
     based on reliable and reasonably current data and reasonable 
     and scientifically acceptable methodologies.
       ``(8) The planning product is documented in sufficient 
     detail to support the decision or the results of the analysis 
     and to meet requirements for use of the information in the 
     environmental review process.
       ``(9) The planning product is appropriate for adoption and 
     use in the environmental review process for the project and 
     is incorporated in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 
     1502.21 of title 40, Code of Federal Regulations (as in 
     effect on the date of enactment of the DRIVE Act).
       ``(e) Effect of Adoption.--Any planning product adopted by 
     the Federal lead agency in accordance with this section may 
     be--
       ``(1) incorporated directly into an environmental review 
     process document or other environmental document; and
       ``(2) relied on and used by other Federal agencies in 
     carrying out reviews of the project.
       ``(f) Rules of Construction.--
       ``(1) In general.--This section does not make the 
     environmental review process applicable to

[[Page H7432]]

     the transportation planning process conducted under this 
     title and chapter 53 of title 49.
       ``(2) Transportation planning activities.--Initiation of 
     the environmental review process as a part of, or 
     concurrently with, transportation planning activities does 
     not subject transportation plans and programs to the 
     environmental review process.
       ``(3) Planning products.--This section does not affect the 
     use of planning products in the environmental review process 
     pursuant to other authorities under any other provision of 
     law or restrict the initiation of the environmental review 
     process during planning.''.

     SEC. 11109. USE OF PROGRAMMATIC MITIGATION PLANS.

       Section 169(f) of title 23, United States Code, is 
     amended--
       (1) by striking ``may use'' and inserting ``shall 
     consider''; and
       (2) by inserting ``or other Federal environmental law'' 
     before the period at the end.

     SEC. 11110. ADOPTION OF DEPARTMENTAL ENVIRONMENTAL DOCUMENTS.

       (a) In General.--Title 49, United States Code, is amended 
     by inserting after section 306 the following:

     ``Sec. 307. Adoption of Departmental environmental documents

       ``(a) In General.--An operating administration or 
     secretarial office within the Department may adopt any draft 
     environmental impact statement, final environmental impact 
     statement, environmental assessment, or any other document 
     issued under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) by another operating administration 
     or secretarial office within the Department--
       ``(1) without recirculating the document (except that a 
     final environmental impact statement shall be recirculated 
     prior to adoption); and
       ``(2) if the operating administration or secretarial office 
     adopting the document certifies that the project is 
     substantially the same as the project reviewed under the 
     document to be adopted.
       ``(b) Cooperating Agency.--An adopting operating 
     administration or secretarial office that was a cooperating 
     agency and certifies that the project is substantially the 
     same as the project reviewed under the document to be adopted 
     and that its comments and suggestions have been addressed may 
     adopt a document described in subsection (a) without 
     recirculating the document.''.
       (b) Conforming Amendment.--The analysis for chapter 3 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 307 and inserting the following:

``Sec. 307. Adoption of Departmental environmental documents.''.

     SEC. 11111. TECHNICAL ASSISTANCE FOR STATES.

       Section 326 of title 23, United States Code, is amended--
       (1) in subsection (c)--
       (A) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Assistance to states.--On request of a Governor of a 
     State, the Secretary shall provide to the State technical 
     assistance, training, or other support relating to--
       ``(A) assuming responsibility under subsection (a);
       ``(B) developing a memorandum of understanding under this 
     subsection; or
       ``(C) addressing a responsibility in need of corrective 
     action under subsection (d)(1)(B).''; and
       (2) in subsection (d), by striking paragraph (1) and 
     inserting the following:
       ``(1) Termination by secretary.--The Secretary may 
     terminate the participation of any State in the program, if--
       ``(A) the Secretary determines that the State is not 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(B) the Secretary provides to the State--
       ``(i) a notification of the determination of noncompliance;
       ``(ii) a period of not less than 120 days to take such 
     corrective action as the Secretary determines to be necessary 
     to comply with the applicable agreement; and
       ``(iii) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under subparagraph 
     (A); and
       ``(C) the State, after the notification and period 
     described in clauses (i) and (ii) of subparagraph (B), fails 
     to take satisfactory corrective action, as determined by the 
     Secretary.''.

     SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

       Section 327(j) of title 23, United States Code, is amended 
     by striking paragraph (1) and inserting the following:
       ``(1) Termination by secretary.--The Secretary may 
     terminate the participation of any State in the program if--
       ``(A) the Secretary determines that the State is not 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(B) the Secretary provides to the State--
       ``(i) a notification of the determination of noncompliance;
       ``(ii) a period of not less than 120 days to take such 
     corrective action as the Secretary determines to be necessary 
     to comply with the applicable agreement; and
       ``(iii) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under subparagraph 
     (A); and
       ``(C) the State, after the notification and period provided 
     under subparagraph (B), fails to take satisfactory corrective 
     action, as determined by the Secretary.''.

     SEC. 11113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL PROJECTS.

       (a) Multimodal Project Defined.--Section 139(a) of title 
     23, United States Code, is amended by striking paragraph (5) 
     and inserting the following:
       ``(5) Multimodal project.--The term `multimodal project' 
     means a project that requires approval by more than 1 
     Department of Transportation operating administration or 
     secretarial office.''.
       (b) Application of Categorical Exclusions for Multimodal 
     Projects.--Section 304 of title 49, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``operating authority 
     that is not the lead authority with respect to a project'' 
     and inserting ``operating administration or secretarial 
     office that has expertise but is not the lead authority with 
     respect to a proposed multimodal project''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Lead authority.--The term `lead authority' means a 
     Department of Transportation operating administration or 
     secretarial office that has the lead responsibility for 
     compliance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) for a proposed multimodal 
     project.'';
       (2) in subsection (b), by striking ``under this title'' and 
     inserting ``by the Secretary of Transportation'';
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``a categorical exclusion designated under 
     the implementing regulations or'' and inserting ``a 
     categorical exclusion designated under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     implementing regulations or''; and
       (ii) by striking ``other components of the'' and inserting 
     ``a proposed multimodal''; and
       (B) by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) the lead authority makes a determination, in 
     consultation with the cooperating authority, on the 
     applicability of a categorical exclusion to a proposed 
     multimodal project;
       ``(2) the cooperating authority does not object to the 
     determination of the lead authority of the applicability of a 
     categorical exclusion;
       ``(3) the lead authority determines that the component of 
     the proposed multimodal project to be covered by the 
     categorical exclusion of the cooperating authority has 
     independent utility; and
       ``(4) the lead authority determines that--
       ``(A) the proposed multimodal project does not individually 
     or cumulatively have a significant impact on the environment; 
     and
       ``(B) extraordinary circumstances do not exist that merit 
     additional analysis and documentation in an environmental 
     impact statement or environmental assessment required under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) Cooperative Authority Expertise.--A cooperating 
     authority shall provide expertise to the lead authority on 
     aspects of the multimodal project in which the cooperating 
     authority has expertise.''.

     SEC. 11114. MODERNIZATION OF THE ENVIRONMENTAL REVIEW 
                   PROCESS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall examine ways to 
     modernize, simplify, and improve the implementation of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4231 et 
     seq.) by the Department.
       (b) Inclusions.--In carrying out subsection (a), the 
     Secretary shall consider--
       (1) the use of technology in the process, such as--
       (A) searchable databases;
       (B) geographic information system mapping tools;
       (C) integration of those tools with fiscal management 
     systems to provide more detailed data; and
       (D) other innovative technologies;
       (2) ways to prioritize use of programmatic environmental 
     impact statements;
       (3) methods to encourage cooperating agencies to present 
     analyses in a concise format; and
       (4) any other improvements that can be made to modernize 
     process implementation.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the results of 
     the review carried out under subsection (a).

     SEC. 11115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 
                   RELIGIOUS SERVICE SIGNS.

       Notwithstanding section 131 of title 23, United States 
     Code, and part 750 of title 23, Code of Federal Regulations 
     (or successor regulations), a State may allow the maintenance 
     of a sign of a service club, charitable association, or 
     religious service that was erected as of the date of 
     enactment of this Act, the area of which is less than or 
     equal to 32 square feet, if the State notifies the Federal 
     Highway Administration.

     SEC. 11116. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
                   SITES.

       (a) Highways.--Section 138 of title 23, United States Code, 
     is amended by adding at the end the following:
       ``(c) Satisfaction of Requirements for Certain Historic 
     Sites.--
       ``(1) In general.--The Secretary shall--
       ``(A) align, to the maximum extent practicable, with the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4231

[[Page H7433]]

     et seq.) and section 306108 of title 54, including 
     implementing regulations; and
       ``(B) not later than 90 days after the date of enactment of 
     this subsection, coordinate with the Secretary of the 
     Interior and the Executive Director of the Advisory Council 
     on Historic Preservation (referred to in this subsection as 
     the `Council') to establish procedures to satisfy the 
     requirements described in subparagraph (A) (including 
     regulations).
       ``(2) Avoidance alternative analysis.--
       ``(A) In general.--If, in an analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4231 et 
     seq.), the Secretary determines that there is no feasible or 
     prudent alternative to avoid use of an historic site, the 
     Secretary may--
       ``(i) include the determination of the Secretary in the 
     analysis required under that Act;
       ``(ii) provide a notice of the determination to--

       ``(I) each applicable State historic preservation officer 
     and tribal historic preservation officer;
       ``(II) the Council, if the Council is participating in the 
     consultation process under section 306108 of title 54; and
       ``(III) the Secretary of the Interior; and

       ``(iii) request from the applicable preservation officer, 
     the Council, and the Secretary of the Interior a concurrence 
     that the determination is sufficient to satisfy the 
     requirement of subsection (a)(1).
       ``(B) Concurrence.--If the applicable preservation officer, 
     the Council, and the Secretary of the Interior each provide a 
     concurrence requested under subparagraph (A)(iii), no further 
     analysis under subsection (a)(1) shall be required.
       ``(C) Publication.--A notice of a determination, together 
     with each relevant concurrence to that determination, under 
     subparagraph (A) shall be--
       ``(i) included in the record of decision or finding of no 
     significant impact of the Secretary; and
       ``(ii) posted on an appropriate Federal website by not 
     later than 3 days after the date of receipt by the Secretary 
     of all concurrences requested under subparagraph (A)(iii).
       ``(3) Aligning historical reviews.--
       ``(A) In general.--If the Secretary, the applicable 
     preservation officer, the Council, and the Secretary of the 
     Interior concur that no feasible and prudent alternative 
     exists as described in paragraph (2), the Secretary may 
     provide to the applicable preservation officer, the Council, 
     and the Secretary of the Interior notice of the intent of the 
     Secretary to satisfy the requirements of subsection (a)(2) 
     through the consultation requirements of section 306108 of 
     title 54.
       ``(B) Satisfaction of conditions.--To satisfy the 
     requirements of subsection (a)(2), each individual described 
     in paragraph (2)(A)(ii) shall concur in the treatment of the 
     applicable historic site described in the memorandum of 
     agreement or programmatic agreement developed under section 
     306108 of title 54.''.
       (b) Public Transportation.--Section 303 of title 49, United 
     States Code, is amended--
       (1) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``subsection (d)'' and inserting 
     ``subsections (d) and (e)''; and
       (2) by adding at the end the following:
       ``(e) Satisfaction of Requirements for Certain Historic 
     Sites.--
       ``(1) In general.--The Secretary shall--
       ``(A) align, to the maximum extent practicable, the 
     requirements of this section with the requirements of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4231 et 
     seq.) and section 306108 of title 54, including implementing 
     regulations; and
       ``(B) not later than 90 days after the date of enactment of 
     this subsection, coordinate with the Secretary of the 
     Interior and the Executive Director of the Advisory Council 
     on Historic Preservation (referred to in this subsection as 
     the `Council') to establish procedures to satisfy the 
     requirements described in subparagraph (A) (including 
     regulations).
       ``(2) Avoidance alternative analysis.--
       ``(A) In general.--If, in an analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4231 et 
     seq.), the Secretary determines that there is no feasible or 
     prudent alternative to avoid use of an historic site, the 
     Secretary may--
       ``(i) include the determination of the Secretary in the 
     analysis required under that Act;
       ``(ii) provide a notice of the determination to--

       ``(I) each applicable State historic preservation officer 
     and tribal historic preservation officer;
       ``(II) the Council, if the Council is participating in the 
     consultation process under section 306108 of title 54; and
       ``(III) the Secretary of the Interior; and

       ``(iii) request from the applicable preservation officer, 
     the Council, and the Secretary of the Interior a concurrence 
     that the determination is sufficient to satisfy the 
     requirement of subsection (c)(1).
       ``(B) Concurrence.--If the applicable preservation officer, 
     the Council, and the Secretary of the Interior each provide a 
     concurrence requested under subparagraph (A)(iii), no further 
     analysis under subsection (a)(1) shall be required.
       ``(C) Publication.--A notice of a determination, together 
     with each relevant concurrence to that determination, under 
     subparagraph (A) shall be--
       ``(i) included in the record of decision or finding of no 
     significant impact of the Secretary; and
       ``(ii) posted on an appropriate Federal website by not 
     later than 3 days after the date of receipt by the Secretary 
     of all concurrences requested under subparagraph (A)(iii).
       ``(3) Aligning historical reviews.--
       ``(A) In general.--If the Secretary, the applicable 
     preservation officer, the Council, and the Secretary of the 
     Interior concur that no feasible and prudent alternative 
     exists as described in paragraph (2), the Secretary may 
     provide to the applicable preservation officer, the Council, 
     and the Secretary of the Interior notice of the intent of the 
     Secretary to satisfy the requirements of subsection (c)(2) 
     through the consultation requirements of section 306108 of 
     title 54.
       ``(B) Satisfaction of conditions.--To satisfy the 
     requirements of subsection (c)(2), the applicable 
     preservation officer, the Council, and the Secretary of the 
     Interior shall concur in the treatment of the applicable 
     historic site described in the memorandum of agreement or 
     programmatic agreement developed under section 306108 of 
     title 54.''.

     SEC. 11117. BRIDGE EXEMPTION FROM CONSIDERATION UNDER CERTAIN 
                   PROVISIONS.

       (a) Preservation of Parklands.--Section 138 of title 23, 
     United States Code, as amended by section 11116, is amended 
     by adding at the end the following:
       ``(d) Bridge Exemption From Consideration.--A common post-
     1945 concrete or steel bridge or culvert (as described in 77 
     Fed. Reg. 68790) that is exempt from individual review under 
     section 306108 of title 54, United States Code, shall be 
     exempt from consideration under this section.''.
       (b) Policy on Lands, Wildlife and Waterfowl Refuges, and 
     Historic Sites.--Section 303 of title 49, United States Code, 
     as amended by section 11116, is amended by adding at the end 
     the following:
       ``(f) Bridge Exemption From Consideration.--A common post-
     1945 concrete or steel bridge or culvert (as described in 77 
     Fed. Reg. 68790) that is exempt from individual review under 
     section 306108 of title 54, United States Code, shall be 
     exempt from consideration under this section.''.

     SEC. 11118. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK 
                   BRIDGES.

       (a) Temporary Authorization.--
       (1) In general.--Until the Secretary of the Interior takes 
     the action described in subsection (b), the take of nesting 
     swallows to facilitate a construction project on a bridge 
     eligible for funding under title 23, United States Code, with 
     any component condition rating of 3 or less (as defined by 
     the National Bridge Inventory General Condition Guidance 
     issued by the Federal Highway Administration) is authorized 
     under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) 
     between April 1 and August 31.
       (2) Measures to minimize impacts.--
       (A) Notification before taking.--Prior to the taking of 
     nesting swallows authorized under paragraph (1), any person 
     taking that action shall submit to the Secretary of the 
     Interior a document that contains--
       (i) the name of the person acting under the authority of 
     paragraph (1) to take nesting swallows;
       (ii) a list of practicable measures that will be undertaken 
     to minimize or mitigate significant adverse impacts on the 
     population of that species;
       (iii) the time period during which activities will be 
     carried out that will result in the taking of that species; 
     and
       (iv) an estimate of the number of birds, by species, to be 
     taken in the proposed action.
       (B) Notification after taking.--Not later than 60 days 
     after the taking of nesting swallows authorized under 
     paragraph (1), any person taking that action shall submit to 
     the Secretary of the Interior a document that contains the 
     number of birds, by species, taken in the action.
       (b) Authorization of Take.--
       (1) In general.--The Secretary of the Interior, in 
     consultation with the Secretary, shall promulgate a 
     regulation under the authority of section 3 of the Migratory 
     Bird Treaty Act (16 U.S.C. 704) authorizing the take of 
     nesting swallows to facilitate bridge repair, maintenance, or 
     construction--
       (A) without individual permit requirements; and
       (B) under terms and conditions determined to be consistent 
     with treaties relating to migratory birds that protect 
     swallow species occurring in the United States.
       (2) Termination.--On the effective date of a final rule 
     under this subsection by the Secretary of the Interior, 
     subsection (a) shall have no force or effect.
       (c) Suspension or Withdrawal of Take Authorization.--If the 
     Secretary of the Interior, in consultation with the 
     Secretary, determines that taking of nesting swallows carried 
     out under the authority provided in subsection (a)(1) is 
     having a significant adverse impact on swallow populations, 
     the Secretary of the Interior may suspend that authority 
     through publication in the Federal Register.

     SEC. 11119. AT-RISK PROJECT PREAGREEMENT AUTHORITY.

       (a) Definition of Preliminary Engineering.--In this 
     section, the term ``preliminary engineering'' means allowable 
     preconstruction project development and engineering costs.
       (b) At-risk Project Preagreement Authority.--A recipient or 
     subrecipient of Federal-aid funds under title 23, United 
     States Code, may--
       (1) incur preliminary engineering costs for an eligible 
     project under title 23, United States Code, before receiving 
     project authorization from the State, in the case of a 
     subrecipient, and the Secretary to proceed with the project; 
     and
       (2) request reimbursement of applicable Federal funds after 
     the project authorization is received.
       (c) Eligibility.--The Secretary may reimburse preliminary 
     engineering costs incurred by a recipient or subrecipient 
     under subsection (b)--
       (1) if the costs meet all applicable requirements under 
     title 23, United States Code, at the time the costs are 
     incurred and the Secretary concurs that the requirements have 
     been met;

[[Page H7434]]

       (2) in the case of a project located within a designated 
     nonattainment or maintenance area for air quality, if the 
     conformity requirements of the Clean Air Act (42 U.S.C. 7401 
     et seq.) have been met; and
       (3) if the costs would have been allowable if incurred 
     after the date of the project authorization by the 
     Department.
       (d) At-risk.--A recipient or subrecipient that elects to 
     use the authority provided under this section shall--
       (1) assume all risk for preliminary engineering costs 
     incurred prior to project authorization; and
       (2) be responsible for ensuring and demonstrating to the 
     Secretary that all applicable cost eligibility conditions are 
     met after the authorization is received.
       (e) Restrictions.--Nothing in this section--
       (1) allows a recipient or subrecipient to use the authority 
     under this section to advance a project beyond preliminary 
     engineering prior to the completion of the environmental 
     review process;
       (2) waives the applicability of Federal requirements to a 
     project other than the reimbursement of preliminary 
     engineering costs incurred prior to an authorization to 
     proceed in accordance with this section; or
       (3) guarantees Federal funding of the project or the 
     eligibility of the project for future Federal-aid highway 
     funding.

                       Subtitle C--Miscellaneous

     SEC. 11201. CREDITS FOR UNTAXED TRANSPORTATION FUELS.

       (a) Definition of Qualified Revenues.--In this section, the 
     term ``qualified revenues'' means any amounts--
       (1) collected by a State--
       (A) for the registration of a vehicle that operates solely 
     on a fuel that is not subject to a Federal tax; and
       (B) not sooner than the second registration period 
     following the purchase of the vehicle; and
       (2) that do not exceed, for a vehicle described in 
     paragraph (1), an annual amount determined by the Secretary 
     to be equal to the annual amount paid for Federal motor fuels 
     taxes on the fuel used by an average passenger car fueled 
     solely by gasoline.
       (b) Credit.--
       (1) In general.--Subject to paragraph (2), if a State 
     contributes qualified revenues to cover not less than 5 
     percent of the total cost of a project eligible for 
     assistance under this title, the Federal share payable for 
     the project under this section may be increased by an amount 
     that is--
       (A) equal to the percent of the total cost of the project 
     from contributed qualified revenues; but
       (B) not more than 5 percent of the total cost of the 
     project.
       (2) Expiration.--The authorization of an increased Federal 
     share for a project pursuant to paragraph (1) expires on 
     September 30, 2023.
       (c) Study.--
       (1) In general.--Before the expiration date of the credit 
     under subsection (b)(2), the Secretary, in coordination with 
     other appropriate Federal agencies, shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that describes the most 
     efficient and equitable means of taxing motor vehicle fuels 
     not subject to a Federal tax as of the date of submission of 
     the report.
       (2) Requirement.--The means described in the report under 
     paragraph (1) shall parallel, as closely as practicable, the 
     structure of other Federal taxes on motor fuels.

     SEC. 11202. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE 
                   INTERSTATE SYSTEM.

       Section 111(e) of title 23, United States Code, is amended 
     by inserting ``(including new or modified freeway-to-
     crossroad interchanges inside a transportation management 
     area)'' after ``the Interstate System''.

     SEC. 11203. EXEMPTIONS.

       Section 127 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(m) Natural Gas Vehicles.--A vehicle, if operated by an 
     engine fueled primarily by natural gas, may exceed any 
     vehicle weight limit (up to a maximum gross vehicle weight of 
     82,000 pounds) under this section by an amount that is equal 
     to the difference between--
       ``(1) the weight of the vehicle attributable to the natural 
     gas tank and fueling system carried by that vehicle; and
       ``(2) the weight of a comparable diesel tank and fueling 
     system.
       ``(n) Emergency Vehicles.--
       ``(1) Definition of emergency vehicle.--In this subsection, 
     the term `emergency vehicle' means a vehicle designed to be 
     used under emergency conditions--
       ``(A) to transport personnel and equipment; and
       ``(B) to support the suppression of fires and mitigation of 
     other hazardous situations.
       ``(2) Emergency vehicle weight limit.--Notwithstanding 
     subsection (a), a State shall not enforce against an 
     emergency vehicle a vehicle weight limit (up to a maximum 
     gross vehicle weight of 86,000 pounds) of less than--
       ``(A) 24,000 pounds on a single steering axle;
       ``(B) 33,500 pounds on a single drive axle;
       ``(C) 62,000 pounds on a tandem axle; or
       ``(D) 52,000 pounds on a tandem rear drive steer axle.
       ``(o) Operation of Certain Specialized Vehicles on Certain 
     Highways in the State of Arkansas.--If any segment of United 
     States Route 63 between the exits for highways 14 and 75 in 
     the State of Arkansas is designated as part of the Interstate 
     System--
       ``(1) a vehicle that could legally operate on the segment 
     before the date of the designation at the posted speed limit 
     may continue to operate on that segment; and
       ``(2) a vehicle that can only travel below the posted speed 
     limit on the segment that could otherwise legally operate on 
     the segment before the date of the designation may continue 
     to operate on that segment during daylight hours.''.

     SEC. 11204. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY 
                   SYSTEM.

       Section 1105 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031) is amended--
       (1) in subsection (c) (105 Stat. 2032; 112 Stat. 190; 119 
     Stat. 1213)--
       (A) by striking paragraph (13) and inserting the following:
       ``(13) Raleigh-Norfolk Corridor from Raleigh, North 
     Carolina, through Rocky Mount, Williamston and Elizabeth 
     City, North Carolina, to Norfolk, Virginia.'';
       (B) in paragraph (18)(D)--
       (i) in clause (ii), by striking ``and'' at the end;
       (ii) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(iv) include Texas State Highway 44 from United States 
     Route 59 at Freer, Texas, to Texas State Highway 358.''; and
       (C) by striking paragraph (68) and inserting the following:
       ``(68) The Washoe County Corridor and the Intermountain 
     West Corridor shall generally follow:
       ``(A) in the case of the Washoe County Corridor, along 
     Interstate Route 580/United States Route 95/United States 
     Route 95A, from Reno, Nevada, to Las Vegas, Nevada; and
       ``(B) in the case of the Intermountain West Corridor, from 
     the vicinity of Las Vegas extending north along United States 
     Route 95, terminating at Interstate Route 80.''; and
       (D) by adding at the end the following:
       ``(81) United States Route 117/Interstate Route 795 from 
     United States Route 70 in Goldsboro, Wayne County, North 
     Carolina, to Interstate Route 40 west of Faison, Sampson 
     County, North Carolina.
       ``(82) United States Route 70 from its intersection with 
     Interstate Route 40 in Garner, Wake County, North Carolina, 
     to the Port at Morehead City, Carteret County, North 
     Carolina.
       ``(83) The Central Texas Corridor commencing at the logical 
     terminus of Interstate 10, and generally following portions 
     of United States Route 190 eastward passing in the vicinity 
     Fort Hood, Killeen, Belton, Temple, Bryan, College Station, 
     Huntsville, Livingston, Woodville, and to the logical 
     terminus of Texas Highway 63 at the Sabine River Bridge at 
     Burrs Crossing.'';
       (2) in subsection (e)(5)--
       (A) in subparagraph (A) (109 Stat. 597; 118 Stat. 293; 119 
     Stat. 1213), in the first sentence--
       (i) by inserting ``subsection (c)(13),'' after ``subsection 
     (c)(9),'';
       (ii) by striking ``subsections (c)(18)'' and all that 
     follows through ``(c)(36)'' and inserting ``subsection 
     (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of 
     subsection (c)(26), subsection (c)(36)'' ; and
       (iii) by striking ``and subsection (c)(57)'' and inserting 
     ``subsection (c)(57), subsection (c)(68)(B), subsection 
     (c)(81), and subsection (c)(82)''; and
       (B) in subparagraph (C)(i) (109 Stat. 598; 126 Stat. 427), 
     by striking the last sentence and inserting ``The routes 
     referred to in subparagraphs (A) and (B)(i) of subsection 
     (c)(26) and in subsection (c)(68)(B) are designated as 
     Interstate Route I-11.''.

     SEC. 11205. REPEAT INTOXICATED DRIVER LAW.

       Section 164(a)(4) of title 23, United States Code, is 
     amended in the matter preceding subparagraph (A) by inserting 
     ``or combination of laws'' after ``means a State law''.

     SEC. 11206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.

       (a) National Highway Performance Program.--Section 
     119(d)(2)(L) of title 23, United States Code, is amended by 
     inserting ``, including the installation of interoperable 
     vehicle-to-infrastructure communication equipment'' after 
     ``capital improvements''.
       (b) Surface Transportation Program.--Section 133(b)(16) of 
     title 23, United States Code, by inserting ``, including the 
     installation of interoperable vehicle-to-infrastructure 
     communication equipment'' after ``capital improvements''.

     SEC. 11207. RELINQUISHMENT.

       A State transportation agency may relinquish park-and-ride 
     lot facilities or portions of park-and-ride lot facilities to 
     a local government agency for highway purposes if authorized 
     to do so under State law.

     SEC. 11208. TRANSFER AND SALE OF TOLL CREDITS.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Eligible state.--The term ``eligible State'' means a 
     State that--
       (A) is eligible to use a credit under section 120(i) of 
     title 23, United States Code; and
       (B) has been selected by the Secretary under subsection 
     (d)(2).
       (2) Recipient state.--The term ``recipient State'' means a 
     State that receives a credit by transfer or by sale under 
     this section from an eligible State.
       (b) Establishment of Pilot Program.--Not later than 1 year 
     after the date of the establishment of a nationwide toll 
     credit monitoring and tracking system under subsection (g), 
     the Secretary shall establish and implement a toll credit 
     marketplace pilot program in accordance with this section.
       (c) Purposes.--The purposes of the pilot program 
     established under subsection (b) are--
       (1) to identify whether a monetary value can be assigned to 
     toll credits;
       (2) to identify the discounted rate of toll credits for 
     cash;

[[Page H7435]]

       (3) to determine if the purchase of toll credits by States 
     provides the purchasing State budget flexibility to deal with 
     funding issues, including off-system needs, transit systems 
     with high operating costs, or cash flow issues; and
       (4) to test the feasibility of expanding the toll credit 
     market to allow all States to participate on a permanent 
     basis.
       (d) Selection of Eligible States.--
       (1) Application to secretary.--In order to participate in 
     the pilot program established under subsection (b), a State 
     shall submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (2) Selection.--Of the States that submit an application 
     under paragraph (1), the Secretary may select not more than 
     10 States to be designated as an eligible State.
       (e) Transfer or Sale of Credits.--
       (1) In general.--In carrying out the pilot program 
     established under subsection (b), the Secretary shall provide 
     that an eligible State may transfer or sell to a recipient 
     State a credit not used by the eligible State under section 
     120(i) of title 23, United States Code.
       (2) Use of credits by transferee or purchaser.--A recipient 
     State may use a credit received under paragraph (1) toward 
     the non-Federal share requirement for any funds made 
     available to carry out title 23 or chapter 53 of title 49, 
     United States Code.
       (3) Condition on transfer or sale of credits.--To receive a 
     credit under paragraph (1), a recipient State shall enter 
     into an agreement with the Secretary described in section 
     120(i) of title 23, United States Code.
       (f) Use of Proceeds From Sale of Credits.--An eligible 
     State shall use the proceeds from the sale of a credit under 
     subsection (e)(1) for any project in the eligible State that 
     is eligible under the surface transportation program 
     established under section 133 of title 23, United States 
     Code.
       (g) Toll Credit Monitoring and Tracking.--Not later than 
     180 days after the enactment of this section, the Secretary 
     shall establish a nationwide toll credit monitoring and 
     tracking system that functions as a real-time database on the 
     inventory and use of toll credits among all States (as 
     defined in section 101(a) of title 23, United States Code).
       (h) Notification.--Not later than 30 days after the date on 
     which a credit is transferred or sold under subsection 
     (e)(1), the eligible State shall submit to the Secretary in 
     writing a notification of the transfer or sale.
       (i) Reporting Requirements.--
       (1) Initial report.--Not later than 180 days after the date 
     of establishment of the pilot program under subsection (b), 
     the Secretary shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress of the pilot 
     program.
       (2) State report.--
       (A) Report by eligible state.--Not later than 30 days after 
     a purchase or sale under subsection (e)(1), an eligible State 
     shall submit to the Secretary a report that describes--
       (i) information on the transaction;
       (ii) the amount of cash received and the value of toll 
     credits sold;
       (iii) the intended use of the cash; and
       (iv) an update on the remaining toll credit balance of the 
     State.
       (B) Report by recipient state.--Not later than 30 days 
     after a purchase or sale under subsection (e)(1), a recipient 
     State shall submit to the Secretary a report that describes--
       (i) the value of toll credits purchased;
       (ii) the anticipated use of the toll credits; and
       (iii) plans for maintaining maintenance of effort for 
     spending on Federal-aid highways projects.
       (3) Annual report.--Not later than 1 year after the date on 
     which the pilot program under subsection (b) is established 
     and each year thereafter that the pilot program is in effect, 
     the Secretary shall--
       (A) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     that--
       (i) determines whether a toll credit marketplace is viable;
       (ii) describes the buying and selling activities of the 
     pilot program;
       (iii) describes the monetary value of toll credits;
       (iv) determines whether the pilot program could be expanded 
     to more States or all States; and
       (v) provides updated information on the toll credit balance 
     accumulated by each State; and
       (B) make the report described in subparagraph (A) publicly 
     available on the website of the Department.
       (j) Termination.--The Secretary may terminate the program 
     established under this section or the participation of any 
     State in the program if the Secretary determines that the 
     program is not serving a public benefit.

     SEC. 11209. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION 
                   PROGRAM.

       (a) In General.--The Secretary shall establish a regional 
     infrastructure demonstration program (referred to in this 
     section as the ``program'') to assist entities in developing 
     improved infrastructure priorities and financing strategies 
     for the accelerated development of a project that is eligible 
     for funding under the TIFIA program under chapter 6 of title 
     23, United States Code.
       (b) Designation of Regional Infrastructure Accelerators.--
     In carrying out the program, the Secretary may designate 
     regional infrastructure accelerators that will--
       (1) serve a defined geographic area; and
       (2) act as a resource in the geographic area to qualified 
     entities in accordance with this section.
       (c) Application.--To be eligible for a designation under 
     subsection (b), a proposed regional infrastructure 
     accelerator shall submit to the Secretary a proposal at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       (d) Criteria.--In evaluating a proposal submitted under 
     subsection (c), the Secretary shall consider--
       (1) the need for geographic diversity among regional 
     infrastructure accelerators; and
       (2) the ability of the proposal to promote investment in 
     covered infrastructure projects, which shall include a plan--
       (A) to evaluate and promote innovative financing methods 
     for local projects, including the use of the TIFIA program 
     under chapter 6 of title 23, United States Code;
       (B) to build capacity of State, local, and tribal 
     governments to evaluate and structure projects involving the 
     investment of private capital;
       (C) to provide technical assistance and information on best 
     practices with respect to financing the projects;
       (D) to increase transparency with respect to infrastructure 
     project analysis and using innovative financing for public 
     infrastructure projects;
       (E) to deploy predevelopment capital programs designed to 
     facilitate the creation of a pipeline of infrastructure 
     projects available for investment;
       (F) to bundle smaller-scale and rural projects into larger 
     proposals that may be more attractive for investment; and
       (G) to reduce transaction costs for public project 
     sponsors.
       (e) Annual Report.--Not less frequently than once each 
     year, the Secretary shall submit to Congress a report that 
     describes the findings and effectiveness of the program.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program $12,000,000, of 
     which the Secretary shall use--
       (1) $11,750,000 for initial grants to regional 
     infrastructure accelerators under subsection (b); and
       (2) $250,000 for administrative costs of carrying out the 
     program.

     SEC. 11210. SONORAN CORRIDOR INTERSTATE DEVELOPMENT.

       (a) Findings.--Congress finds that the designation of the 
     Sonoran Corridor Interstate connecting Interstate 19 to 
     Interstate 10 south of the Tucson International Airport as a 
     future part of the Interstate System would--
       (1) enhance direct linkage between major trading routes 
     connecting growing ports, agricultural regions, 
     infrastructure and manufacturing centers, and existing high 
     priority corridors of the National Highway System; and
       (2) significantly improve connectivity on the future 
     Interstate 11 and the CANAMEX Corridor, a route directly 
     linking the United States with Mexico and Canada.
       (b) High Priority Corridors on National Highway System.--
     Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1210) (as 
     amended by section 11204) is amended by adding at the end the 
     following:
       ``(84) State Route 410, the Sonoran Corridor connecting 
     Interstate 19 to Interstate 10 south of the Tucson 
     International Airport.''.
       (c) Future Parts of Interstate System.--Section 
     1105(e)(5)(A) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) (as 
     amended by section 11204) is amended in the first sentence by 
     striking ``and subsection (c)(82)'' and inserting 
     ``subsection (c)(82), and subsection (c)(84)''.

                  TITLE II--TRANSPORTATION INNOVATION

                          Subtitle A--Research

     SEC. 12001. RESEARCH, TECHNOLOGY, AND EDUCATION.

       (a) Highway Research and Development Program.--Section 
     503(b)(3) of title 23, United States Code, is amended--
       (1) in subparagraph (C)--
       (A) in clause (xviii), by striking ``and'' at the end;
       (B) in clause (xix), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(xx) accelerated mobile, highway-speed, bridge inspection 
     methods that provide quantitative data-driven decisionmaking 
     capabilities without requiring lane closures; and
       ``(xxi) innovative segmental wall technology for soil bank 
     stabilization and roadway sound attenuation, and articulated 
     technology for hydraulic sheer-resistant erosion control.''; 
     and
       (2) in subparagraph (D)(i), by inserting ``and section 
     119(e)'' after ``this subparagraph''.
       (b) Technology and Innovation Deployment Program.--Section 
     503(c) of title 23, United States Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``carry out'' and inserting ``establish and 
     implement'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking clause (i) and 
     inserting the following:
       ``(i) use not less than 50 percent of the funds authorized 
     to carry out this subsection to make grants to, and enter 
     into cooperative agreements and contracts with, States, other 
     Federal agencies, local governments, metropolitan planning 
     organizations, institutions of higher education, private 
     sector entities, and nonprofit organizations to carry out 
     demonstration programs that will accelerate the deployment 
     and adoption of transportation research activities;'';
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) Innovation grants.--
       ``(i) In general.--In carrying out the program established 
     under subparagraph (B)(i), the Secretary shall establish a 
     transparent competitive

[[Page H7436]]

     process in which entities described in subparagraph (B)(i) 
     may submit an application to receive a grant under this 
     subsection.
       ``(ii) Publication of application process.--A description 
     of the application process established by the Secretary 
     shall--

       ``(I) be posted on a public website;
       ``(II) identify the information required to be included in 
     the application; and
       ``(III) identify the criteria by which the Secretary shall 
     select grant recipients.

       ``(iii) Submission of application.--To receive a grant 
     under this paragraph, an entity described in subparagraph 
     (B)(i) shall submit an application to the Secretary.
       ``(iv) Selection and approval.--The Secretary shall select 
     and approve an application submitted under clause (iii) based 
     on whether the project described in the application meets the 
     goals of the program described in paragraph (1).''; and
       (3) in paragraph (3)(C), by striking ``each of fiscal years 
     2013 through 2014'' and inserting ``each fiscal year''.
       (c) Conforming Amendment.--Section 505(c)(1) of title 23, 
     United States Code, is amended by striking ``section 
     503(c)(2)(C)'' and inserting ``section 503 (c)(2)(D)''.

     SEC. 12002. INTELLIGENT TRANSPORTATION SYSTEMS.

       (a) Intelligent Transportation Systems Deployment.--Section 
     513 of title 23, United States Code, is amended by adding at 
     the end the following:
       ``(d) System Operations and ITS Deployment Grant Program.--
       ``(1) Establishment.--The Secretary shall establish a 
     competitive grant program to accelerate the deployment, 
     operation, systems management, intermodal integration, and 
     interoperability of the ITS program and ITS-enabled 
     operational strategies--
       ``(A) to measure and improve the performance of the surface 
     transportation system;
       ``(B) to reduce traffic congestion and the economic and 
     environmental impacts of traffic congestion;
       ``(C) to minimize fatalities and injuries;
       ``(D) to enhance mobility of people and goods;
       ``(E) to improve traveler information and services; and
       ``(F) to optimize existing roadway capacity.
       ``(2) Application.--To be eligible for a grant under this 
     subsection, an eligible entity shall submit an application to 
     the Secretary that includes--
       ``(A) a plan to deploy and provide for the long-term 
     operation and maintenance of intelligent transportation 
     systems to improve safety, efficiency, system performance, 
     and return on investment, such as--
       ``(i) autonomous vehicle communication technologies;
       ``(ii) vehicle-to-vehicle or vehicle-to-infrastructure 
     communication technologies;
       ``(iii) real-time integrated traffic, transit, and 
     multimodal transportation information;
       ``(iv) advanced traffic, freight, parking, and incident 
     management systems;
       ``(v) advanced technologies to improve transit and 
     commercial vehicle operations;
       ``(vi) synchronized, adaptive, and transit preferential 
     traffic signals;
       ``(vii) advanced infrastructure condition assessment 
     technologies; and
       ``(viii) other technologies to improve system operations, 
     including ITS applications necessary for multimodal systems 
     integration and for achieving performance goals;
       ``(B) quantifiable system performance improvements, 
     including--
       ``(i) reductions in traffic-related crashes, congestion, 
     and costs;
       ``(ii) optimization of system efficiency; and
       ``(iii) improvement of access to transportation services;
       ``(C) quantifiable safety, mobility, and environmental 
     benefit projections, including data-driven estimates of the 
     manner in which the project will improve the efficiency of 
     the transportation system and reduce traffic congestion in 
     the region;
       ``(D) a plan for partnering with the private sector, 
     including telecommunications industries and public service 
     utilities, public agencies (including multimodal and 
     multijurisdictional entities), research institutions, 
     organizations representing transportation and technology 
     leaders, and other transportation stakeholders;
       ``(E) a plan to leverage and optimize existing local and 
     regional ITS investments; and
       ``(F) a plan to ensure interoperability of deployed 
     technologies with other tolling, traffic management, and 
     intelligent transportation systems.
       ``(3) Selection.--
       ``(A) In general.--Effective beginning not later than 1 
     year after the date of enactment of the DRIVE Act, the 
     Secretary may provide grants to eligible entities under this 
     subsection.
       ``(B) Geographic diversity.--In awarding a grant under this 
     subsection, the Secretary shall ensure, to the maximum extent 
     practicable, that grant recipients represent diverse 
     geographical areas of the United States, including urban, 
     suburban, and rural areas.
       ``(C) Non-federal share.--In awarding a grant under the 
     subsection, the Secretary shall give priority to grant 
     recipients that demonstrate an ability to contribute a 
     significant non-Federal share to the cost of carrying out the 
     project for which the grant is received.
       ``(4) Eligible uses.--Projects for which grants awarded 
     under this subsection may be used include--
       ``(A) the deployment of autonomous vehicle communication 
     technologies;
       ``(B) the deployment of vehicle-to-vehicle or vehicle-to-
     infrastructure communication technologies;
       ``(C) the establishment and implementation of ITS and ITS-
     enabled operations strategies that improve performance in the 
     areas of--
       ``(i) traffic operations;
       ``(ii) emergency response to surface transportation 
     incidents;
       ``(iii) incident management;
       ``(iv) transit and commercial vehicle operations 
     improvements;
       ``(v) weather event response management by State and local 
     authorities;
       ``(vi) surface transportation network and facility 
     management;
       ``(vii) construction and work zone management;
       ``(viii) traffic flow information;
       ``(ix) freight management; and
       ``(x) congestion management;
       ``(D) carrying out activities that support the creation of 
     networks that link metropolitan and rural surface 
     transportation systems into an integrated data network, 
     capable of collecting, sharing, and archiving transportation 
     system traffic condition and performance information;
       ``(E) the implementation of intelligent transportation 
     systems and technologies that improve highway safety through 
     information and communications systems linking vehicles, 
     infrastructure, mobile devices, transportation users, and 
     emergency responders;
       ``(F) the provision of services necessary to ensure the 
     efficient operation and management of ITS infrastructure, 
     including costs associated with communications, utilities, 
     rent, hardware, software, labor, administrative costs, 
     training, and technical services;
       ``(G) the provision of support for the establishment and 
     maintenance of institutional relationships between 
     transportation agencies, police, emergency medical services, 
     private emergency operators, freight operators, shippers, 
     public service utilities, and telecommunications providers;
       ``(H) carrying out multimodal and cross-jurisdictional 
     planning and deployment of regional transportation systems 
     operations and management approaches; and
       ``(I) performing project evaluations to determine the 
     costs, benefits, lessons learned, and future deployment 
     strategies associated with the deployment of intelligent 
     transportation systems.
       ``(5) Report to secretary.--For each fiscal year that an 
     eligible entity receives a grant under this subsection, not 
     later than 1 year after receiving the grant, each recipient 
     shall submit to the Secretary a report that describes how the 
     project has met the expectations projected in the deployment 
     plan submitted with the application, including information 
     on--
       ``(A) how the program has helped reduce traffic crashes, 
     congestion, costs, and other benefits of the deployed 
     systems;
       ``(B) the effect of measuring and improving transportation 
     system performance through the deployment of advanced 
     technologies;
       ``(C) the effectiveness of providing real-time integrated 
     traffic, transit, and multimodal transportation information 
     to the public that allows the public to make informed travel 
     decisions; and
       ``(D) lessons learned and recommendations for future 
     deployment strategies to optimize transportation efficiency 
     and multimodal system performance.
       ``(6) Report to congress.--Not later than 2 years after the 
     date on which the first grant is awarded under this 
     subsection and annually thereafter for each fiscal year for 
     which grants are awarded under this subsection, the Secretary 
     shall submit to Congress a report that describes the 
     effectiveness of the grant recipients in meeting the 
     projected deployment plan goals, including data on how the 
     grant program has--
       ``(A) reduced traffic-related fatalities and injuries;
       ``(B) reduced traffic congestion and improved travel-time 
     reliability;
       ``(C) reduced transportation-related emissions;
       ``(D) optimized multimodal system performance;
       ``(E) improved access to transportation alternatives;
       ``(F) provided the public with access to real-time 
     integrated traffic, transit, and multimodal transportation 
     information to make informed travel decisions;
       ``(G) provided cost savings to transportation agencies, 
     businesses, and the traveling public; and
       ``(H) provided other benefits to transportation users and 
     the general public.
       ``(7) Additional grants.--If the Secretary determines, 
     based on a report submitted under paragraph (5), that a grant 
     recipient is not complying with the established grant 
     criteria, the Secretary may--
       ``(A) cease payment to the recipient of any remaining grant 
     amounts; and
       ``(B) redistribute any remaining amounts to other eligible 
     entities under this section.
       ``(8) Non-federal share.--The Federal share of the cost of 
     a project for which a grant is provided under this subsection 
     shall not exceed 50 percent of the cost of the project.
       ``(9) Funding.--Of the funds made available each fiscal 
     year to carry out the intelligent transportation system 
     program under sections 512 through 518, not less than 
     $30,000,000 shall be used to carry out this subsection.''.
       (b) Intelligent Transportation Systems Goals and 
     Purposes.--Section 514(a) of title 23, United States Code, is 
     amended--
       (1) in paragraph (4), by striking ``and'' at the end; and
       (2) by striking paragraph (5) and inserting the following:
       ``(5) improvement of the ability of the United States to 
     respond to security-related or other manmade emergencies and 
     natural disasters; and
       ``(6) enhancement of the freight system of the United 
     States and support to freight policy goals by conducting 
     heavy duty vehicle demonstration activities and accelerating 
     adoption of ITS applications in freight operations.''.

[[Page H7437]]

       (c) ITS Advisory Committee Report.--Section 515(h)(4) of 
     title 23, United States Code, is amended in the matter 
     preceding subparagraph (A) by striking ``February 1 of each 
     year after the date of enactment of the Transportation 
     Research and Innovative Technology Act of 2012'' and 
     inserting ``May 1 of each year''.

     SEC. 12003. FUTURE INTERSTATE STUDY.

       (a) Findings.--Congress finds that--
       (1) a well-developed system of transportation 
     infrastructure is critical to the economic well-being, 
     health, and welfare of the people of the United States;
       (2) the 47,000-mile national Interstate System is the 
     backbone to that transportation infrastructure system; and
       (3) as of the date of enactment of this Act--
       (A) many segments of the approximately 60-year-old 
     Interstate System are well beyond the 50-year design life of 
     the System and yet these aging facilities are central to the 
     transportation infrastructure system, carrying 25 percent of 
     the vehicle traffic of the United States on just 1 percent of 
     the total public roadway mileage;
       (B) the need for ongoing maintenance, preservation, and 
     reconstruction of the Interstate System has grown due to 
     increasing and changing travel demands; and
       (C) simple maintenance of the current condition and 
     configuration of the Interstate System is insufficient for 
     the System to fully serve the transportation needs of the 
     United States for the next 50 years.
       (b) Future Interstate System Study.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall enter into an agreement with the Transportation 
     Research Board of the National Academies to conduct a study 
     on the actions needed to upgrade and restore the Dwight D. 
     Eisenhower National System of Interstate and Defense Highways 
     to its role as a premier system network that meets the 
     growing and shifting demands of the 21st century and for the 
     next 50 years (referred to in this section as the ``study'').
       (c) Methodologies.--In conducting the study, the 
     Transportation Research Board shall build on the 
     methodologies examined and recommended in the report prepared 
     for the American Association of State Highway and 
     Transportation Officials entitled ``National Cooperative 
     Highway Research Program Project 20-24(79): Specifications 
     for a National Study of the Future 3R, 4R, and Capacity Needs 
     of the Interstate System'' and dated December 2013.
       (d) Recommendations.--The study--
       (1) shall include specific recommendations regarding the 
     features, standards, capacity needs, application of 
     technologies, and intergovernmental roles to upgrade the 
     Interstate System, including any revisions to law (including 
     regulations) that the Transportation Research Board 
     determines appropriate to achieve the goals; and
       (2) is encouraged to build on the robust institutional 
     knowledge in the highway industry in applying the techniques 
     involved in implementing the study.
       (e) Considerations.--In carrying out the study, the 
     Transportation Research Board shall determine the need for 
     reconstruction and improvement of the Interstate System by 
     considering--
       (1) future demands on transportation infrastructure 
     determined for national planning purposes, including 
     commercial and private traffic flows to serve future economic 
     activity and growth;
       (2) the expected condition of the current Interstate System 
     over the next 50 years, including long-term deterioration and 
     reconstruction needs;
       (3) those National Highway System routes that should be 
     added to the existing Interstate System to more efficiently 
     serve national traffic flows;
       (4) features that would take advantage of technological 
     capabilities to address modern standards of construction, 
     maintenance, and operations, for purposes of safety, and 
     system management, taking into further consideration system 
     performance and cost; and
       (5) the resources necessary to maintain and improve the 
     Interstate System, including the resources required to 
     upgrade those National Highway System routes identified in 
     paragraph (3) to Interstate standards.
       (f) Consultation.--In carrying out the study, the 
     Transportation Research Board--
       (1) shall convene and consult with a panel of national 
     experts including current and future owners, operators, and 
     users of the Interstate System and private sector 
     stakeholders; and
       (2) is encouraged to consult with--
       (A) the Federal Highway Administration;
       (B) States;
       (C) planning agencies at the metropolitan, State, and 
     regional levels;
       (D) the motor carrier industry;
       (E) freight shippers;
       (F) highway safety groups; and
       (G) other appropriate entities.
       (g) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Transportation Research Board 
     shall submit to the Secretary, the Committee on Environment 
     and Public Works of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results of the study 
     conducted under this section.
       (h) Funding.--From amounts authorized to carry out the 
     Highway Research and Development Program, the Secretary shall 
     use up to $5,000,000 for fiscal year 2016 to carry out this 
     section.

     SEC. 12004. RESEARCHING SURFACE TRANSPORTATION SYSTEM FUNDING 
                   ALTERNATIVES.

       (a) In General.--The Secretary shall promote the research 
     of user-based alternative revenue mechanisms that preserve a 
     user fee structure to maintain the long-term solvency of the 
     Highway Trust Fund.
       (b) Objectives.--The objectives of the research described 
     in subsection (a) shall be--
       (1) to study uncertainties relating to the design, 
     acceptance, and implementation of 2 or more future user-based 
     alternative revenue mechanisms;
       (2) to define the functionality of those user-based 
     alternative revenue mechanisms;
       (3) to conduct or promote research activities to 
     demonstrate and test those user-based alternative revenue 
     mechanisms, including by conducting field trials, by 
     partnering with individual States, groups of States, or other 
     appropriate entities to conduct the research activities;
       (4) to conduct outreach to increase public awareness 
     regarding the need for alternative funding sources for 
     surface transportation programs and provide information on 
     possible approaches;
       (5) to provide recommendations regarding adoption and 
     implementation of those user-based alternative revenue 
     mechanisms; and
       (6) to minimize the administrative cost of any potential 
     user-based alternative revenue mechanisms.
       (c) Grants.--The Secretary shall provide grants to 
     individual States, groups of States, or other appropriate 
     entities to conduct research that addresses--
       (1) the implementation, interoperability, public 
     acceptance, and other potential hurdles to the adoption of a 
     user-based alternative revenue mechanism;
       (2) the protection of personal privacy;
       (3) the use of independent and private third-party vendors 
     to collect fees and operate the user-based alternative 
     revenue mechanism;
       (4) equity concerns, including the impacts of the user-
     based alternative revenue mechanism on differing income 
     groups, various geographic areas, and the relative burdens on 
     rural and urban drivers;
       (5) ease of compliance for different users of the 
     transportation system;
       (6) the reliability and security of technology used to 
     implement the user-based alternative revenue mechanism;
       (7) the flexibility and choices of user-based alternative 
     revenue mechanisms, including the ability of users to select 
     from various technology and payment options;
       (8) the cost of administering the user-based alternative 
     revenue mechanism; and
       (9) the ability of the administering entity to audit and 
     enforce user compliance.
       (d) Advisory Council.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of the Treasury, shall establish and lead a 
     Surface Transportation Revenue Alternatives Advisory Council 
     (referred to in this subsection as the ``Council'') to inform 
     the selection and evaluation of user-based alternative 
     revenue mechanisms.
       (2) Membership.--
       (A) In general.--The members of the Council shall--
       (i) be appointed by the Secretary; and
       (ii) include, at a minimum--

       (I) representatives with experience in user-based 
     alternative revenue mechanisms, of which--

       (aa) not fewer than 1 shall be from the Department;
       (bb) not fewer than 1 shall be from the Department of the 
     Treasury; and
       (cc) not fewer than 2 shall be from State departments of 
     transportation;

       (II) representatives from applicable users of the surface 
     transportation system; and
       (III) appropriate technology and public privacy experts.

       (B) Geographic considerations.--The Secretary shall 
     consider geographic diversity when selecting members under 
     this paragraph.
       (3) Functions.--Not later than 1 year after the date on 
     which the Council is established, the Council shall, at a 
     minimum--
       (A) define the functionality of 2 or more user-based 
     alternative revenue mechanisms;
       (B) identify technological, administrative, institutional, 
     privacy, and other issues that--
       (i) are associated with the user-based alternative revenue 
     mechanisms; and
       (ii) may be researched through research activities;
       (C) conduct public outreach to identify and assess 
     questions and concerns about the user-based alternative 
     revenue mechanisms for future evaluation through research 
     activities; and
       (D) provide recommendations to the Secretary on the process 
     and criteria used for selecting research activities under 
     subsection (c).
       (4) Evaluations.--The Council shall conduct periodic 
     evaluations of the research activities that have received 
     assistance from the Secretary under this section.
       (5) Applicability of federal advisory committee act.--The 
     Council shall not be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (e) Biennial Reports.--Not later than 2 years after the 
     date of enactment of this Act, and every 2 years thereafter 
     until the completion of the research activities under this 
     section, the Secretary shall submit to the Secretary of the 
     Treasury, the Committee on Finance and the Committee on 
     Environment and Public Works of the Senate, and the Committee 
     on Ways and Means and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing the progress of the research activities.
       (f) Final Report.--On the completion of the research 
     activities under this section, the Secretary and the 
     Secretary of the Treasury, acting jointly, shall submit to 
     the Committee on Finance and the Committee on Environment and 
     Public Works of the Senate and the Committee on Ways and 
     Means and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report describing the 
     results

[[Page H7438]]

     of the research activities and any recommendations.
       (g) Funding.--Of the funds authorized to carry out section 
     503(b) of title 23, United States Code--
       (1) $15,000,000 shall be used to carry out this section in 
     fiscal year 2016; and
       (2) $20,000,000 shall be used to carry out this section in 
     each of fiscal years 2017 through 2021.

                            Subtitle B--Data

     SEC. 12101. TRIBAL DATA COLLECTION.

       Section 201(c)(6) of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(C) Tribal data collection.--In addition to the data to 
     be collected under subparagraph (A), not later than 90 days 
     after the end of each fiscal year, any entity carrying out a 
     project under the tribal transportation program under section 
     202 shall submit to the Secretary and the Secretary of 
     Interior, based on obligations and expenditures under the 
     tribal transportation program during the preceding fiscal 
     year, the following data:
       ``(i) The names of projects or activities carried out by 
     the entity under the tribal transportation program during the 
     preceding fiscal year.
       ``(ii) A description of the projects or activities 
     identified under clause (i).
       ``(iii) The current status of the projects or activities 
     identified under clause (i).
       ``(iv) An estimate of the number of jobs created and the 
     number of jobs retained by the projects or activities 
     identified under clause (i).''.

     SEC. 12102. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

       (a) Performance Management Data Support.--The Administrator 
     of the Federal Highway Administration shall develop, use, and 
     maintain data sets and data analysis tools to assist 
     metropolitan planning organizations, States, and the Federal 
     Highway Administration in carrying out performance management 
     analyses (including the performance management requirements 
     under section 150 of title 23, United States Code).
       (b) Inclusions.--The data analysis activities authorized 
     under subsection (a) may include--
       (1) collecting and distributing vehicle probe data 
     describing traffic on Federal-aid highways;
       (2) collecting household travel behavior data to assess 
     local and cross-jurisdictional travel, including to 
     accommodate external and through travel;
       (3) enhancing existing data collection and analysis tools 
     to accommodate performance measures, targets, and related 
     data, so as to better understand trip origin and destination, 
     trip time, and mode;
       (4) enhancing existing data analysis tools to improve 
     performance predictions and travel models in reports 
     described in section 150(e) of title 23, United States Code; 
     and
       (5) developing tools--
       (A) to improve performance analysis; and
       (B) to evaluate the effects of project investments on 
     performance.
       (c) Funding.--From amounts authorized to carry out the 
     Highway Research and Development Program, the Administrator 
     may use up to $10,000,000 for each of fiscal years 2016 
     through 2021 to carry out this section.

              Subtitle C--Transparency and Best Practices

     SEC. 12201. EVERY DAY COUNTS INITIATIVE.

       (a) In General.--It is in the national interest for the 
     Department, State departments of transportation, and all 
     other recipients of Federal transportation funds--
       (1) to identify, accelerate, and deploy innovation aimed at 
     shortening project delivery, enhancing the safety of the 
     roadways of the United States, and protecting the 
     environment;
       (2) to ensure that the planning, design, engineering, 
     construction, and financing of transportation projects is 
     done in an efficient and effective manner;
       (3) to promote the rapid deployment of proven solutions 
     that provide greater accountability for public investments 
     and encourage greater private sector involvement; and
       (4) to create a culture of innovation within the highway 
     community.
       (b) Every Day Counts Initiative.--To advance the policy 
     described in subsection (a), the Administrator of the Federal 
     Highway Administration (referred to in this section as the 
     ``Administrator'') shall continue the Every Day Counts 
     initiative to work with States, local transportation 
     agencies, and industry stakeholders to identify and deploy 
     proven innovative practices and products that--
       (1) accelerate innovation deployment;
       (2) shorten the project delivery process;
       (3) improve environmental sustainability;
       (4) enhance roadway safety; and
       (5) reduce congestion.
       (c) Innovation Deployment.--
       (1) In general.--At least every 2 years, the Administrator 
     shall work collaboratively with stakeholders to identify a 
     new collection of innovations, best practices, and data to be 
     deployed to highway stakeholders through case studies, 
     webinars, and demonstration projects.
       (2) Requirements.--In identifying a collection described in 
     paragraph (1), the Secretary shall take into account market 
     readiness, impacts, benefits, and ease of adoption of the 
     innovation or practice.
       (d) Publication.--Each collection identified under 
     subsection (c) shall be published by the Administrator on a 
     publicly available website.

     SEC. 12202. DEPARTMENT OF TRANSPORTATION PERFORMANCE 
                   MEASURES.

       (a) Performance Measures.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary, in coordination 
     with the heads of other Federal agencies with responsibility 
     for the review and approval of projects funded under title 
     23, United States Code, shall measure and report on--
       (1) the progress made toward aligning Federal reviews of 
     projects funded under title 23, United States Code, and the 
     improvement of project delivery associated with those 
     projects; and
       (2) as applicable, the effectiveness of the Department in 
     achieving the goals described in section 150(b) of title 23, 
     United States Code, through discretionary programs.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report describing the results of the 
     evaluation conducted under subsection (a).
       (c) Inspector General Report.--Not later than 3 years after 
     the date of enactment of this Act, the Inspector General of 
     the Department shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report describing the results of the 
     evaluation conducted under subsection (a).

     SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANSPORTATION 
                   FOR PERFORMANCE AND INNOVATION.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' 
     includes--
       (A) a State;
       (B) a unit of local government;
       (C) a tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b)); and
       (D) a metropolitan planning organization.
       (2) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory (as defined in section 165(c)(1) of 
     title 23, United States Code).
       (b) Establishment of Program.--The Secretary shall 
     establish a competitive grant program to reward--
       (1) achievement in transportation performance management; 
     and
       (2) the implementation of strategies that achieve 
     innovation and efficiency in surface transportation.
       (c) Purpose.--The purpose of the program under this section 
     shall be to reward entities for the implementation of 
     policies and procedures that--
       (1) support performance-based management of the surface 
     transportation system and improve transportation outcomes; or
       (2) use innovative technologies and practices that improve 
     the efficiency and performance of the surface transportation 
     system.
       (d) Application.--
       (1) In general.--An eligible entity may submit to the 
     Secretary an application for a grant under this section.
       (2) Contents.--An application under paragraph (1) shall 
     indicate the means by which the eligible entity has met the 
     requirements and purpose of the program under this section, 
     including by--
       (A) establishing, and making progress toward achieving, 
     performance targets that exceed the requirements of title 23, 
     United States Code;
       (B) using innovative techniques and practices that enhance 
     the effective movement of people, goods, and services, such 
     as technologies that reduce construction time, improve 
     operational efficiencies, and extend the service life of 
     highways and bridges; and
       (C) employing transportation planning tools and procedures 
     that improve transparency and the development of 
     transportation investment strategies within the jurisdiction 
     of the eligible entity.
       (e) Evaluation Criteria.--In awarding a grant under this 
     section, the Secretary shall take into consideration the 
     extent to which the application of the applicable eligible 
     entity under subsection (d)--
       (1) demonstrates performance in meeting the requirements of 
     subsection (c); and
       (2) promotes the national goals described in section 150(b) 
     of title 23, United States Code.
       (f) Eligible Activities.--Amounts made available to carry 
     out this section shall be used for projects eligible for 
     funding under--
       (1) title 23, United States Code; or
       (2) chapter 53 of title 49, United States Code.
       (g) Limitation.--The amount of a grant under this section 
     shall be not more than $15,000,000.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated out 
     of the general fund of the Treasury to carry out this section 
     $150,000,000 for each of fiscal years 2016 through 2021, to 
     remain available until expended.
       (2) Administrative costs.--The Secretary shall withhold a 
     reasonable amount of funds made available under paragraph (1) 
     for administration of the program under this section, not to 
     exceed 3 percent of the amount appropriated for each 
     applicable fiscal year.
       (i) Applicability of Requirements.--Amounts made available 
     under this section shall be administered as if the funds were 
     apportioned under chapter 1 of title 23, United States Code.

     SEC. 12204. HIGHWAY TRUST FUND TRANSPARENCY AND 
                   ACCOUNTABILITY.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (g) and inserting the 
     following:
       ``(g) Highway Trust Fund Transparency and Accountability 
     Report.--
       ``(1) Publicly available report.--Not later than 180 days 
     after the date of enactment of the DRIVE Act and quarterly 
     thereafter, the Secretary shall compile data in accordance 
     with this subsection on the use of Federal-aid highway 
     program funds made available under this title.
       ``(2) Requirements.--The Secretary shall ensure that the 
     reports required under this subsection are made available in 
     a user-friendly

[[Page H7439]]

     manner on the public website of the Department of 
     Transportation and can be searched and downloaded by users of 
     the website.
       ``(3) Contents of report.--
       ``(A) Apportioned and allocated programs.--For each fiscal 
     year, the report shall include comprehensive data for each 
     program, organized by State, that includes--
       ``(i) the total amount of funds available for obligation, 
     identifying the unobligated balance of funds available at the 
     end of the preceding fiscal year and new funding available 
     for the current fiscal year;
       ``(ii) the total amount of funding obligated during the 
     current fiscal year;
       ``(iii) the remaining amount of funds available for 
     obligation;
       ``(iv) changes in the obligated, unexpended balance during 
     the current fiscal year, including the obligated, unexpended 
     balance at the end of the preceding fiscal year and current 
     fiscal year expenditures; and
       ``(v) the percentage of the total amount of obligations for 
     the current fiscal year used for construction and the total 
     amount obligated during the current fiscal year for 
     rehabilitation.
       ``(B) Project data.--To the maximum extent practicable, the 
     report shall include project-specific data, including data 
     describing--
       ``(i) the specific location of a project;
       ``(ii) whether the project is located in an area of the 
     State with a population of--

       ``(I) less than 5,000 individuals;
       ``(II) 5,000 or more individuals but less than 50,000 
     individuals; or
       ``(III) 50,000 or more individuals;

       ``(iii) the total cost of the project;
       ``(iv) the amount of Federal funding being used on the 
     project;
       ``(v) the 1 or more programs from which Federal funds are 
     obligated on the project;
       ``(vi) the type of improvement being made, such as 
     categorizing the project as--

       ``(I) a road reconstruction project;
       ``(II) a new road construction project;
       ``(III) a new bridge construction project;
       ``(IV) a bridge rehabilitation project; or
       ``(V) a bridge replacement project; and

       ``(vii) the ownership of the highway or bridge.
       ``(C) Transfers between programs.--The report shall include 
     a description of the amount of funds transferred between 
     programs by each State under section 126.''.
       (b) Conforming Amendment.--Section 1503 of MAP-21 (23 
     U.S.C. 104 note; Public Law 112-141) is amended by striking 
     subsection (c).

     SEC. 12205. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE 
                   EXPENDITURES.

       (a) Initial Report.--Not later than 150 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report describing 
     the administrative expenses of the Federal Highway 
     Administration funded from the Highway Trust Fund during the 
     3 most recent fiscal years.
       (b) Updates.--Not later than 5 years after the date on 
     which the report is submitted under subsection (a) and every 
     5 years thereafter, the Comptroller General shall submit to 
     Congress a report that updates the information provided in 
     the report under that subsection for the preceding 5-year 
     period.
       (c) Inclusions.--Each report submitted under subsection (a) 
     or (b) shall include a description of the--
       (1) types of administrative expenses of programs and 
     offices funded by the Highway Trust Fund;
       (2) tracking and monitoring of administrative expenses;
       (3) controls in place to ensure that funding for 
     administrative expenses is used as efficiently as 
     practicable; and
       (4) flexibility of the Department to reallocate amounts 
     from the Highway Trust Fund between full-time equivalent 
     employees and other functions.

     SEC. 12206. AVAILABILITY OF REPORTS.

       (a) In General.--The Secretary shall make available to the 
     public on the website of the Department any report required 
     to be submitted by the Secretary to Congress after the date 
     of enactment of this Act.
       (b) Deadline.--Each report described in subsection (a) 
     shall be made available on the website not later than 30 days 
     after the report is submitted to Congress.

     SEC. 12207. PERFORMANCE PERIOD ADJUSTMENT.

       (a) National Highway Performance Program.--Section 119 of 
     title 23, United States Code, is amended--
       (1) in subsection (e)(7), by striking ``for 2 consecutive 
     reports submitted under this paragraph shall include in the 
     next report submitted'' and inserting ``shall include as part 
     of the performance target report under section 150(e)''; and
       (2) in subsection (f)(1)(A), by striking ``If, during 2 
     consecutive reporting periods, the condition of the 
     Interstate System, excluding bridges on the Interstate 
     System, in a State falls'' and inserting ``If a State reports 
     that the condition of the Interstate System, excluding 
     bridges on the Interstate System, has fallen''.
       (b) Highway Safety Improvement Program.--Section 148(i) of 
     title 23, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``performance targets of the State established under section 
     150(d) by the date that is 2 years after the date of the 
     establishment of the performance targets'' and inserting 
     ``safety performance targets of the State established under 
     section 150(d)''; and
       (2) in paragraphs (1) and (2), by inserting ``safety'' 
     before ``performance targets'' each place it appears.

     SEC. 12208. DESIGN STANDARDS.

       (a) In General.--Section 109 of title 23, United States 
     Code, is amended--
       (1) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``may take into account'' and inserting ``shall consider''; 
     and
       (ii) in subparagraph (C), by striking ``access for'' and 
     inserting ``access and safety for''; and
       (B) in paragraph (2)--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (D) as subparagraph (F); 
     and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) the publication entitled `Highway Safety Manual' of 
     the American Association of State Highway and Transportation 
     Officials;
       ``(E) the publication entitled `Urban Street Design Guide' 
     of the National Association of City Transportation Officials; 
     and'';
       (2) in subsection (f), by inserting ``pedestrian 
     walkways,'' after ``bikeways,''; and
       (3) by adding at the end the following:
       ``(s) Safety for Motorized and Nonmotorized Users.--
       ``(1) In general.--Not later than 2 years after the date of 
     the enactment of this subsection, the Secretary shall 
     establish standards to ensure that the design of Federal 
     surface transportation projects provides for the safe and 
     adequate accommodation (as determined by the State or other 
     direct recipient of funds), in all phases of project 
     planning, development, and operation, of all users of the 
     transportation network, including motorized and nonmotorized 
     users.
       ``(2) Waiver for state law or policy.--The Secretary may 
     waive the application of standards established under 
     paragraph (1) to a State that has adopted a law or policy 
     that provides for the safe and adequate accommodation (as 
     determined by the State or other direct recipient of funds), 
     in all phases of project planning and development, of users 
     of the transportation network on federally funded surface 
     transportation projects.
       ``(3) Compliance.--
       ``(A) In general.--Each State department of transportation 
     shall submit a report to the Secretary, at such time, in such 
     manner, and containing such information as the Secretary 
     shall require, that describes measures implemented by the 
     State to comply with this subsection.
       ``(B) Determination by secretary.--Upon the receipt of a 
     report from a State under subparagraph (A), the Secretary 
     shall determine whether the State is in compliance with this 
     section.''.
       (b) Design Standard Flexibility.--Notwithstanding section 
     109(o) of title 23, United States Code, a local jurisdiction 
     may use a roadway design guide that is different from the 
     roadway design guide used by the State in which the local 
     jurisdiction is located for the design of projects on all 
     roadways under the ownership of the local jurisdiction (other 
     than a highway on the Interstate System) if--
       (1) the local jurisdiction is the project sponsor;
       (2) the roadway design guide--
       (A) is recognized by the Federal Highway Administration; 
     and
       (B) is adopted by the local jurisdiction; and
       (3) the design complies with all other applicable Federal 
     laws.

TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
                            1998 AMENDMENTS

     SEC. 13001. TRANSPORTATION INFRASTRUCTURE FINANCE AND 
                   INNOVATION ACT OF 1998 AMENDMENTS.

       (a) Definitions.--Section 601(a) of title 23, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``In this chapter, the'' and inserting 
     ``The''; and
       (B) by inserting ``to sections 601 through 609'' after 
     ``apply'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) capitalizing a rural projects fund using the proceeds 
     of a secured loan made to a State infrastructure bank in 
     accordance with sections 602 and 603, for the purpose of 
     making loans to sponsors of rural infrastructure projects in 
     accordance with section 610.'';
       (3) in paragraph (3), by striking ``this chapter'' and 
     inserting ``the TIFIA program'';
       (4) in paragraph (10)--
       (A) in the matter preceding subparagraph (A)--
       (i) by inserting ``related'' before ``projects''; and
       (ii) by striking ``(which shall receive an investment grade 
     rating from a rating agency)'';
       (B) in subparagraph (A), by striking ``subject to the 
     availability of future funds being made available to carry 
     out this chapter;'' and inserting ``subject to--
       ``(i) the availability of future funds being made available 
     to carry out the TIFIA program; and
       ``(ii) the satisfaction of all of the conditions for the 
     provision of credit assistance under the TIFIA program, 
     including section 603(b)(1);''; and
       (C) in subparagraph (D)--
       (i) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (ii) by inserting after clause (i) the following:
       ``(ii) receiving an investment grade rating from a rating 
     agency;'';
       (iii) in clause (iii) (as so redesignated), by striking 
     ``section 602(c)'' and inserting ``including sections 602(c) 
     and 603(b)(1)''; and
       (iv) in clause (iv) (as so redesignated), by striking 
     ``this chapter'' and inserting ``the TIFIA program'';
       (5) in paragraph (12)--
       (A) in subparagraph (D)(iv), by striking the period at the 
     end and inserting ``; and''; and

[[Page H7440]]

       (B) by adding at the end the following:
       ``(E) a project to improve or construct public 
     infrastructure that is located within walking distance of, 
     and accessible to, a fixed guideway transit facility, 
     passenger rail station, intercity bus station, or intermodal 
     facility, including a transportation, public utility, and 
     capital project described in section 5302(3)(G)(v) of title 
     49, and related infrastructure;
       ``(F) a project for the acquisition of plant and wildlife 
     habitat pursuant to a conservation plan that--
       ``(i) has been approved by the Secretary of the Interior 
     pursuant to section 10 of the Endangered Species Act of 1973 
     (16 U.S.C. 1539); and
       ``(ii) as determined by the Secretary of the Interior, 
     would mitigate the environmental impacts of transportation 
     infrastructure projects otherwise eligible for assistance 
     under the TIFIA program; and
       ``(G) the capitalization of a rural projects fund by a 
     State infrastructure bank with the proceeds of a secured loan 
     made in accordance with sections 602 and 603, for the purpose 
     of making loans to sponsors of rural infrastructure projects 
     in accordance with section 610.'';
       (6) in paragraph (15), by striking ``means'' and all that 
     follows through the period at the end and inserting ``means a 
     surface transportation infrastructure project located in an 
     area that is outside of an urbanized area with a population 
     greater than 150,000 individuals, as determined by the Bureau 
     of the Census.'';
       (7) by redesignating paragraphs (16), (17), (18), (19), and 
     (20) as paragraphs (17), (18), (20), (21), and (22), 
     respectively;
       (8) by inserting after paragraph (15) the following:
       ``(16) Rural projects fund.--The term `rural projects fund' 
     means a fund--
       ``(A) established by a State infrastructure bank in 
     accordance with section 610(d)(4);
       ``(B) capitalized with the proceeds of a secured loan made 
     to the bank in accordance with sections 602 and 603; and
       ``(C) for the purpose of making loans to sponsors of rural 
     infrastructure projects in accordance with section 610.'';
       (9) by inserting after paragraph (18) (as redesignated) the 
     following:
       ``(19) State infrastructure bank.--The term `State 
     infrastructure bank' means an infrastructure bank established 
     under section 610.''; and
       (10) in paragraph (22) (as redesignated), by inserting 
     ``established under sections 602 through 609'' after 
     ``Department''.
       (b) Determination of Eligibility and Project Selection.--
     Section 602 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``this chapter'' and inserting ``the TIFIA 
     program'';
       (B) in paragraph (2)(A), by striking ``this chapter'' and 
     inserting ``the TIFIA program'';
       (C) in paragraph (3), by striking ``this chapter'' and 
     inserting ``the TIFIA program'';
       (D) in paragraph (5)--
       (i) by striking the heading and inserting ``Eligible 
     project cost parameters.--'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking 
     ``subparagraph (B), to be eligible for assistance under this 
     chapter, a project'' and inserting ``subparagraphs (B) and 
     (C), a project under the TIFIA program'';
       (II) by striking clause (i) and inserting the following:

       ``(i) $50,000,000; and''; and

       (III) in clause (ii), by striking ``assistance''; and

       (iii) in subparagraph (B)--

       (I) by striking the subparagraph designation and heading 
     and all that follows through ``In the case'' and inserting 
     the following:

       ``(B) Exceptions.--
       ``(i) Intelligent transportation systems.--In the case''; 
     and

       (II) by adding at the end the following:

       ``(ii) Transit-oriented development projects.--In the case 
     of a project described in section 601(a)(12)(E), eligible 
     project costs shall be reasonably anticipated to equal or 
     exceed $10,000,000.
       ``(iii) Rural projects.--In the case of a rural 
     infrastructure project or a project capitalizing a rural 
     projects fund, eligible project costs shall be reasonably 
     anticipated to equal or exceed $10,000,000, but not to exceed 
     $100,000,000.
       ``(iv) Local infrastructure projects.--Eligible project 
     costs shall be reasonably anticipated to equal or exceed 
     $10,000,000 in the case of projects or programs of projects--

       ``(I) in which the applicant is a local government, public 
     authority, or instrumentality of local government;
       ``(II) located on a facility owned by a local government; 
     or
       ``(III) for which the Secretary determines that a local 
     government is substantially involved in the development of 
     the project.'';

       (E) in paragraph (9), in the matter preceding subparagraph 
     (A), by striking ``this chapter'' and inserting ``the TIFIA 
     program''; and
       (F) in paragraph (10)--
       (i) by striking ``To be eligible'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible'';
       (ii) by striking ``this chapter'' each place it appears and 
     inserting ``the TIFIA program'';
       (iii) by striking ``not later than'' and inserting ``no 
     later than''; and
       (iv) by adding at the end the following:
       ``(B) Rural projects fund.--In the case of a project 
     capitalizing a rural projects fund, the State infrastructure 
     bank shall demonstrate, not later than 2 years after the date 
     on which a secured loan is obligated for the project under 
     the TIFIA program, that the bank has executed a loan 
     agreement with a borrower for a rural infrastructure project 
     in accordance with section 610. After the demonstration is 
     made, the bank may draw upon the secured loan. At the end of 
     the 2-year period, to the extent the bank has not used the 
     loan commitment, the Secretary may extend the term of the 
     loan or withdraw the loan commitment.'';
       (2) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Master credit agreements.--
       ``(A) Program of related projects.--The Secretary may enter 
     into a master credit agreement for a program of related 
     projects secured by a common security pledge on terms 
     acceptable to the Secretary.
       ``(B) Adequate funding not available.--If the Secretary 
     fully obligates funding to eligible projects for a fiscal 
     year and adequate funding is not available to fund a credit 
     instrument, a project sponsor of an eligible project may 
     elect to enter into a master credit agreement and wait to 
     execute a credit instrument until the fiscal year for which 
     additional funds are available to receive credit 
     assistance.'';
       (3) in subsection (c)(1), in the matter preceding 
     subparagraph (A), by striking ``this chapter'' and inserting 
     ``the TIFIA program''; and
       (4) in subsection (e), by striking ``this chapter'' and 
     inserting ``the TIFIA program''.
       (c) Secured Loan Terms and Limitations.--Section 603(b) of 
     title 23, United States Code, is amended--
       (1) in paragraph (2)--
       (A) by striking ``The amount of'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of''; and
       (B) by adding at the end the following:
       ``(B) Rural projects fund.--In the case of a project 
     capitalizing a rural projects fund, the maximum amount of a 
     secured loan made to a State infrastructure bank shall be 
     determined in accordance with section 602(a)(5)(B)(iii).'';
       (2) in paragraph (3)(A)(i)--
       (A) in subclause (III), by striking ``or'' at the end;
       (B) in subclause (IV), by striking ``and'' at the end and 
     inserting ``or''; and
       (C) by adding at the end the following:

       ``(V) in the case of a secured loan for a project 
     capitalizing a rural projects fund, any other dedicated 
     revenue sources available to a State infrastructure bank, 
     including repayments from loans made by the bank for rural 
     infrastructure projects; and'';

       (3) in paragraph (4)(B)--
       (A) in clause (i), by striking ``under this chapter'' and 
     inserting ``or a rural projects fund under the TIFIA 
     program''; and
       (B) in clause (ii), by inserting ``and rural project 
     funds'' after ``rural infrastructure projects'';
       (4) in paragraph (5)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (B) in the matter preceding subparagraph (A), by striking 
     ``The final'' and inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the final''; and
       (C) by adding at the end the following:
       ``(B) Rural projects fund.--In the case of a project 
     capitalizing a rural projects fund, the final maturity date 
     of the secured loan shall not exceed 35 years after the date 
     on which the secured loan is obligated.'';
       (5) in paragraph (8), by striking ``this chapter'' and 
     inserting ``the TIFIA program''; and
       (6) in paragraph (9)--
       (A) by striking ``The total Federal assistance provided on 
     a project receiving a loan under this chapter'' and inserting 
     the following:
       ``(A) In general.--The total Federal assistance provided 
     for a project receiving a loan under the TIFIA program''; and
       (B) by adding at the end the following:
       ``(B) Rural projects fund.--A project capitalizing a rural 
     projects fund shall satisfy clause (i) through compliance 
     with the Federal share requirement described in section 
     610(e)(3)(B).''.
       (d) Program Administration.--Section 605 of title 23, 
     United States Code, is amended--
       (1) by striking ``this chapter'' each place it appears and 
     inserting ``the TIFIA program''; and
       (2) by adding at the end the following:
       ``(f) Assistance to Small Projects.--
       ``(1) Reservation of funds.--Of the funds made available to 
     carry out the TIFIA program for each fiscal year, and after 
     the set-aside under section 608(a)(6), not less than 
     $2,000,000 shall be made available for the Secretary to use 
     in lieu of fees collected under subsection (b) for projects 
     under the TIFIA program having eligible project costs that 
     are reasonably anticipated not to equal or exceed 
     $75,000,000.
       ``(2) Release of funds.--Any funds not used under paragraph 
     (1) shall be made available on October 1 of the following 
     fiscal year to provide credit assistance to any project under 
     the TIFIA program.''.
       (e) State and Local Permits.--Section 606 of title 23, 
     United States Code, is amended in the matter preceding 
     paragraph (1) by striking ``this chapter'' and inserting 
     ``the TIFIA program''.
       (f) Regulations.--Section 607 of title 23, United States 
     Code, is amended by striking ``this chapter'' and inserting 
     ``the TIFIA program''.
       (g) Funding.--Section 608 of title 23, United States Code, 
     is amended--
       (1) by striking ``this chapter'' each place it appears and 
     inserting ``the TIFIA program''; and
       (2) in subsection (a)--
       (A) in paragraph (2), by inserting ``of'' after ``504(f)'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by inserting ``or rural projects 
     funds'' after ``rural infrastructure projects''; and

[[Page H7441]]

       (ii) in subparagraph (B), by inserting ``or rural projects 
     funds'' after ``rural infrastructure projects'';
       (C) by striking paragraph (4) and redesignating paragraphs 
     (5) and (6) as paragraphs (4) and (5), respectively; and
       (D) in paragraph (5) (as so redesignated), by striking 
     ``0.50 percent'' and inserting ``1.5 percent''.
       (h) Reports to Congress.--Section 609 of title 23, United 
     States Code, is amended by striking ``this chapter (other 
     than section 610)'' each place it appears and inserting ``the 
     TIFIA program''.
       (i) State Infrastructure Bank Program.--Section 610 of 
     title 23, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(11) Rural infrastructure project.--The term `rural 
     infrastructure project' has the meaning given the term in 
     section 601.
       ``(12) Rural projects fund.--The term `rural projects fund' 
     has the meaning given the term in section 601.'';
       (2) in subsection (d)--
       (A) in paragraph (1)(A), by striking ``each of fiscal 
     years'' and all that follows through the end of subparagraph 
     (A) and inserting ``each fiscal year under each of paragraphs 
     (1), (2), and (5) of section 104(b); and'';
       (B) in paragraph (2), by striking ``in each of fiscal years 
     2005 through 2009'' and inserting ``in each fiscal year'';
       (C) in paragraph (3), by striking ``in each of fiscal years 
     2005 through 2009'' and inserting ``in each fiscal year'';
       (D) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively;
       (E) by inserting after paragraph (3) the following:
       ``(4) Rural projects fund.--Subject to subsection (j), the 
     Secretary may permit a State entering into a cooperative 
     agreement under this section to establish a State 
     infrastructure bank to deposit into the rural projects fund 
     of the bank the proceeds of a secured loan made to the bank 
     in accordance with section 602 and 603.''; and
       (F) in paragraph (6) (as redesignated), by striking 
     ``section 133(d)(3)'' and inserting ``section 
     133(d)(1)(A)(i)'';
       (3) by striking subsection (e) and inserting the following:
       ``(e) Forms of Assistance From State Infrastructure 
     Banks.--
       ``(1) In general.--A State infrastructure bank established 
     under this section may--
       ``(A) with funds deposited into the highway account, 
     transit account, or rail account of the bank, make loans or 
     provide other forms of credit assistance to a public or 
     private entity to carry out a project eligible for assistance 
     under this section; and
       ``(B) with funds deposited into the rural projects fund, 
     make loans to a public or private entity to carry out a rural 
     infrastructure project.
       ``(2) Subordination of loan.--The amount of a loan or other 
     form of credit assistance provided for a project described in 
     paragraph (1) may be subordinated to any other debt financing 
     for the project.
       ``(3) Maximum amount of assistance.--A State infrastructure 
     bank established under this section may--
       ``(A) with funds deposited into the highway account, 
     transit account, or rail account, make loans or provide other 
     forms of credit assistance to a public or private entity in 
     an amount up to 100 percent of the cost of carrying out a 
     project eligible for assistance under this section; and
       ``(B) with funds deposited into the rural projects fund, 
     make loans to a public or private entity in an amount not to 
     exceed 80 percent of the cost of carrying out a rural 
     infrastructure project.
       ``(4) Initial assistance.--Initial assistance provided with 
     respect to a project from Federal funds deposited into a 
     State infrastructure bank under this section may not be made 
     in the form of a grant.'';
       (4) in subsection (g)--
       (A) in paragraph (1), by striking ``each account'' and 
     inserting ``the highway account, the transit account, and the 
     rail account''; and
       (B) in paragraph (4), by inserting ``, except that any loan 
     funded from the rural projects fund of the bank shall bear 
     interest at or below the interest rate charged for the TIFIA 
     loan provided to the bank under section 603'' after 
     ``feasible''; and
       (5) in subsection (k), by striking ``For each of fiscal 
     years 2005 through 2009'' and inserting ``For each fiscal 
     year''.

                    TITLE IV--TECHNICAL CORRECTIONS

     SEC. 14001. TECHNICAL CORRECTIONS.

       (a) Section 101(a)(29) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (B), by inserting a comma after 
     ``disabilities''; and
       (2) in subparagraph (F)(i), by striking ``133(b)(11)'' and 
     inserting ``133(b)(14)''.
       (b) Section 119(d)(1)(A) of title 23, United States Code, 
     is amended by striking ``mobility,'' and inserting 
     ``congestion reduction, system reliability,''.
       (c) Section 126(b) of title 23, United States Code (as 
     amended by section 11014(b)), is amended by striking 
     ``133(d)'' and inserting ``133(d)(1)(A)''.
       (d) Section 127(a)(3) of title 23, United States Code, is 
     amended by striking ``118(b)(2) of this title'' and inserting 
     ``118(b)''.
       (e) Section 150(c)(3)(B) of title 23, United States Code, 
     is amended by striking the semicolon at the end and inserting 
     a period.
       (f) Section 153(h)(2) of title 23, United States Code, is 
     amended by striking ``paragraphs (1) through (3)'' and 
     inserting ``paragraphs (1), (2), and (4)''.
       (g) Section 163(f)(2) of title 23, United States Code, is 
     amended by striking ``118(b)(2)'' and inserting ``118(b)''.
       (h) Section 165(c)(7) of title 23, United States Code, is 
     amended by striking ``paragraphs (2), (4), (7), (8), (14), 
     and (19)'' and inserting ``paragraphs (2), (4), (6), (7), and 
     (14)''.
       (i) Section 202(b)(3) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (A)(i), in the matter preceding 
     subclause (I), by inserting ``(a)(6),'' after 
     ``subsections''; and
       (2) in subparagraph (C)(ii)(IV), by striking ``(III).]'' 
     and inserting ``(III).''.
       (j) Section 217(a) of title 23, United States Code, is 
     amended by striking ``104(b)(3)'' and inserting 
     ``104(b)(4)''.
       (k) Section 327(a)(2)(B)(iii) of title 23, United States 
     Code, is amended by striking ``(42 U.S.C. 13 4321 et seq.)'' 
     and inserting ``(42 U.S.C. 4321 et seq.)''.
       (l) Section 504(a)(4) of title 23, United States Code, is 
     amended by striking ``104(b)(3)'' and inserting 
     ``104(b)(2)''.
       (m) Section 515 of title 23, United States Code, is amended 
     by striking ``this chapter'' each place it appears and 
     inserting ``sections 512 through 518''.
       (n) Section 518(a) of title 23, United States Code, is 
     amended by inserting ``a report'' after ``House of 
     Representatives''.
       (o) Section 6302(b)(3)(B)(vi)(III) of title 49, United 
     States Code, is amended by striking ``6310'' and inserting 
     ``6309''.
       (p) Section 1301(l)(3) of SAFETEA-LU (23 U.S.C. 101 note; 
     Public Law 109-59) is amended--
       (1) in subparagraph (A)(i), by striking ``complied'' and 
     inserting ``compiled''; and
       (2) in subparagraph (B), by striking ``paragraph (1)'' and 
     inserting ``subparagraph (A)''.
       (q) Section 4407 of SAFETEA-LU (Public Law 109-59; 119 
     Stat. 1777), is amended by striking ``hereby enacted into 
     law'' and inserting ``granted''.
       (r) Section 51001(a)(1) of the Transportation Research and 
     Innovative Technology Act of 2012 (126 Stat. 864) is amended 
     by striking ``sections 503(b), 503(d), and 509'' and 
     inserting ``section 503(b)''.

                         TITLE V--MISCELLANEOUS

     SEC. 15001. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

       Section 1528 of MAP-21 (40 U.S.C. 14501 note; Public Law 
     112-141) is amended--
       (1) by striking ``2021'' each place it appears and 
     inserting ``2050''; and
       (2) by striking ``shall be 100 percent'' each place it 
     appears and inserting ``shall be up to 100 percent, as 
     determined by the State''.

     SEC. 15002. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.

       (a) High-speed Broadband Development Initiative.--
       (1) In general.--Subchapter I of chapter 145 of subtitle IV 
     of title 40, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 14509. High-speed broadband deployment initiative

       ``(a) In General.--The Appalachian Regional Commission may 
     provide technical assistance, make grants, enter into 
     contracts, or otherwise provide amounts to individuals or 
     entities in the Appalachian region for projects and 
     activities--
       ``(1) to increase affordable access to broadband networks 
     throughout the Appalachian region;
       ``(2) to conduct research, analysis, and training to 
     increase broadband adoption efforts in the Appalachian 
     region;
       ``(3) to provide technology assets, including computers, 
     smartboards, and video projectors to educational systems 
     throughout the Appalachian region;
       ``(4) to increase distance learning opportunities 
     throughout the Appalachian region;
       ``(5) to increase the use of telehealth technologies in the 
     Appalachian region; and
       ``(6) to promote e-commerce applications in the Appalachian 
     region.
       ``(b) Limitation on Available Amounts.--Of the cost of any 
     activity eligible for a grant under this section--
       ``(1) not more than 50 percent may be provided from amounts 
     appropriated to carry out this section; and
       ``(2) notwithstanding paragraph (1)--
       ``(A) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, not more than 80 percent may be provided 
     from amounts appropriated to carry out this section; and
       ``(B) in the case of a project to be carried out in a 
     county for which an at-risk designation is in effect under 
     section 14526, not more than 70 percent may be provided from 
     amounts appropriated to carry out this section.
       ``(c) Sources of Assistance.--Subject to subsection (b), a 
     grant provided under this section may be provided from 
     amounts made available to carry out this section in 
     combination with amounts made available--
       ``(1) under any other Federal program; or
       ``(2) from any other source.
       ``(d) Federal Share.--Notwithstanding any provision of law 
     limiting the Federal share under any other Federal program, 
     amounts made available to carry out this section may be used 
     to increase that Federal share, as the Appalachian Regional 
     Commission determines to be appropriate.''.
       (2) Conforming amendment.--The analysis for chapter 145 of 
     title 40, United States Code, is amended by inserting after 
     the item relating to section 14508 the following:

``14509. High-speed broadband deployment initiative.''.
       (b) Authorization of Appropriations.--Section 14703 of 
     title 40, United States Code, is amended--

[[Page H7442]]

       (1) in subsection (a)(5), by striking ``fiscal year 2012'' 
     and inserting ``each of fiscal years 2012 through 2021'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) High-speed Broadband Deployment Initiative.--Of the 
     amounts made available under subsection (a), $10,000,000 
     shall be used to carry out section 14509 for each of fiscal 
     years 2016 through 2021.''.
       (c) Termination.--Section 14704 of title 40, United States 
     Code, is amended by striking ``2012'' and inserting ``2021''.
       (d) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2015.

     SEC. 15003. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

       Section 3907(a) of title 33, United States Code, is 
     amended--
       (1) by striking paragraph (5); and
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively.

     SEC. 15004. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR 
                   HABITAT AND FORAGE ON TRANSPORTATION RIGHTS-OF-
                   WAY.

       (a) In General.--Section 319 of title 23, United States 
     Code, is amended--
       (1) in subsection (a), by inserting ``(including the 
     enhancement of habitat and forage for pollinators)'' before 
     ``adjacent''; and
       (2) by adding at the end the following:
       ``(c) Encouragement of Pollinator Habitat and Forage 
     Development and Protection on Transportation Rights-of-way.--
     In carrying out any program administered by the Secretary 
     under this title, the Secretary shall, in conjunction with 
     willing States, as appropriate--
       ``(1) encourage integrated vegetation management practices 
     on roadsides and other transportation rights-of-way, 
     including reduced mowing; and
       ``(2) encourage the development of habitat and forage for 
     Monarch butterflies, other native pollinators, and honey bees 
     through plantings of native forbs and grasses, including 
     noninvasive, native milkweed species that can serve as 
     migratory way stations for butterflies and facilitate 
     migrations of other pollinators.''.
       (b) Provision of Habitat, Forage, and Migratory Way 
     Stations for Monarch Butterflies, Other Native Pollinators, 
     and Honey Bees.--Section 329(a)(1) of title 23, United States 
     Code, is amended by inserting ``provision of habitat, forage, 
     and migratory way stations for Monarch butterflies, other 
     native pollinators, and honey bees,'' before ``and aesthetic 
     enhancement''.

     SEC. 15005. STUDY ON PERFORMANCE OF BRIDGES.

       (a) In General.--Subject to subsection (c), the 
     Administrator of the Federal Highway Administration (referred 
     to in this section as the ``Administrator'') shall commission 
     the Transportation Research Board of the National Academy of 
     Sciences to conduct a study on the performance of bridges 
     that received funding under the innovative bridge research 
     and construction program (referred to in this section as the 
     ``program'') under section 503(b) of title 23, United States 
     Code (as in effect on the day before the date of enactment of 
     SAFETEA-LU (Public Law 109-59; 119 Stat. 1144)) in meeting 
     the goals of that program, which included--
       (1) the development of new, cost-effective innovative 
     material highway bridge applications;
       (2) the reduction of maintenance costs and lifecycle costs 
     of bridges, including the costs of new construction, 
     replacement, or rehabilitation of deficient bridges;
       (3) the development of construction techniques to increase 
     safety and reduce construction time and traffic congestion;
       (4) the development of engineering design criteria for 
     innovative products and materials for use in highway bridges 
     and structures;
       (5) the development of cost-effective and innovative 
     techniques to separate vehicle and pedestrian traffic from 
     railroad traffic;
       (6) the development of highway bridges and structures that 
     will withstand natural disasters, including alternative 
     processes for the seismic retrofit of bridges; and
       (7) the development of new nondestructive bridge evaluation 
     technologies and techniques.
       (b) Contents.--The study commissioned under subsection (a) 
     shall include--
       (1) an analysis of the performance of bridges that received 
     funding under the program in meeting the goals described in 
     paragraphs (1) through (7) of subsection (a);
       (2) an analysis of the utility, compared to conventional 
     materials and technologies, of each of the innovative 
     materials and technologies used in projects for bridges under 
     the program in meeting the needs of the United States in 2015 
     and in the future for a sustainable and low lifecycle cost 
     transportation system;
       (3) recommendations to Congress on how the installed and 
     lifecycle costs of bridges could be reduced through the use 
     of innovative materials and technologies, including, as 
     appropriate, any changes in the design and construction of 
     bridges needed to maximize the cost reductions; and
       (4) a summary of any additional research that may be needed 
     to further evaluate innovative approaches to reducing the 
     installed and lifecycle costs of highway bridges.
       (c) Public Comment.--Before commissioning the study under 
     subsection (a), the Administrator shall provide an 
     opportunity for public comment on the study proposal.
       (d) Data From States.--Each State that received funds under 
     the program shall provide to the Transportation Research 
     Board any relevant data needed to carry out the study 
     commissioned under subsection (a).
       (e) Deadline.--The Administrator shall submit to Congress 
     the study commissioned under subsection (a) not later than 3 
     years after the date of enactment of this Act.

     SEC. 15006. SPORT FISH RESTORATION AND RECREATIONAL BOATING 
                   SAFETY.

       Section 4 of the Dingell-Johnson Sport Fish Restoration Act 
     (16 U.S.C. 777c), as amended by section 73103, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1) by striking ``2015'' and inserting ``2021''; and
       (2) in subsection (b)(1)(A) by striking ``2015'' and 
     inserting ``2021''.

                   DIVISION B--PUBLIC TRANSPORTATION

              TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT

     SEC. 21001. SHORT TITLE.

       This title may be cited as the ``Federal Public 
     Transportation Act of 2015''.

     SEC. 21002. DEFINITIONS.

       Section 5302 of title 49, United States Code, is amended--
       (1) in paragraph (1)(E), by striking ``bicycle storage 
     facilities and installing equipment'' and inserting ``bicycle 
     storage shelters and parking facilities and the installation 
     of equipment'';
       (2) in paragraph (3)--
       (A) by striking subparagraph (F) and inserting the 
     following:
       ``(F) leasing equipment or a facility for use in public 
     transportation;'';
       (B) in subparagraph (G)--
       (i) in clause (iv), by adding ``and'' at the end;
       (ii) in clause (v), by striking ``and'' at the end; and
       (iii) by striking clause (vi);
       (C) in subparagraph (K), by striking ``or'' at the end;
       (D) in subparagraph (L), by striking the period at the end 
     and inserting a semicolon; and
       (E) by adding at the end the following:
       ``(M) associated transit improvements; or
       ``(N) technological changes or innovations to modify low or 
     no emission vehicles (as defined in section 5339(c)) or 
     facilities.''; and
       (3) by adding at the end the following:
       ``(24) Value capture.--The term `value capture' means 
     recovering the increased value to property located near 
     public transportation resulting from investments in public 
     transportation.''.

     SEC. 21003. METROPOLITAN TRANSPORTATION PLANNING.

       Section 5303 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), by inserting ``resilient'' after 
     ``development of'';
       (2) in subsection (c)(2), by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, intermodal facilities that support 
     intercity transportation, including intercity buses and 
     intercity bus facilities, and commuter vanpool providers'';
       (3) in subsection (d)--
       (A) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively;
       (B) by inserting after paragraph (2) the following:
       ``(3) Representation.--
       ``(A) In general.--Designation or selection of officials or 
     representatives under paragraph (2) shall be determined by 
     the metropolitan planning organization according to the 
     bylaws or enabling statute of the organization.
       ``(B) Public transportation representative.--Subject to the 
     bylaws or enabling statute of the metropolitan planning 
     organization, a representative of a provider of public 
     transportation may also serve as a representative of a local 
     municipality.
       ``(C) Powers of certain officials.--An official described 
     in paragraph (2)(B) shall have responsibilities, actions, 
     duties, voting rights, and any other authority commensurate 
     with other officials described in paragraph (2)(B).''; and
       (C) in paragraph (5), as so redesignated, by striking 
     ``paragraph (5)'' and inserting ``paragraph (6)'';
       (4) in subsection (e)(4)(B), by striking ``subsection 
     (d)(5)'' and inserting ``subsection (d)(6)'';
       (5) in subsection (g)(3)(A), by inserting ``natural 
     disaster risk reduction,'' after ``environmental 
     protection,'';
       (6) in subsection (h)(1)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) in subparagraph (H), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(I) improve the resilience and reliability of the 
     transportation system.'';
       (7) in subsection (i)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``transit'' and 
     inserting ``public transportation facilities, intercity bus 
     facilities'';
       (ii) in subparagraph (G)--

       (I) by striking ``and provide'' and inserting ``, 
     provide''; and
       (II) by inserting before the period at the end the 
     following: ``, and reduce vulnerability due to natural 
     disasters of the existing transportation infrastructure''; 
     and

       (iii) in subparagraph (H), by inserting before the period 
     at the end the following: ``, including consideration of the 
     role that intercity buses may play in reducing congestion, 
     pollution, and energy consumption in a cost-effective manner 
     and strategies and investments that preserve and enhance 
     intercity bus systems, including systems that are privately 
     owned and operated'';
       (B) in paragraph (6)(A)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers''; and
       (ii) by inserting ``(including intercity bus operators and 
     commuter vanpool providers)'' after ``private providers of 
     transportation''; and
       (C) in paragraph (8), by striking ``paragraph (2)(C)'' each 
     place that term appears and inserting ``paragraph (2)(E)'';
       (8) in subsection (j)(5)(A), by striking ``subsection 
     (k)(4)'' and inserting ``subsection (k)(3)'';

[[Page H7443]]

       (9) in subsection (k)--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively;
       (10) in subsection (l)--
       (A) in paragraph (1), by adding a period at the end; and
       (B) in paragraph (2)(D), by striking ``of less than 
     200,000'' and inserting ``with a population of 200,000 or 
     less'';
       (11) by striking subsection (n);
       (12) by redesignating subsections (o), (p), and (q) as 
     subsections (n), (o), and (p), respectively;
       (13) in subsection (o), as so redesignated, by striking 
     ``set aside under section 104(f) of title 23'' and inserting 
     ``apportioned under paragraphs (5)(D) and (6) of section 
     104(b) of title 23''; and
       (14) by adding at the end the following:
       ``(q) Treatment of Lake Tahoe Region.--
       ``(1) Definition of lake tahoe region.--In this subsection, 
     the term `Lake Tahoe Region' has the meaning given the term 
     `region' in subsection (a) of Article II of the Lake Tahoe 
     Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
       ``(2) Treatment.--For purposes of this title, the Lake 
     Tahoe Region shall be treated as--
       ``(A) a metropolitan planning organization;
       ``(B) a transportation management area under subsection 
     (k); and
       ``(C) an urbanized area, which is comprised of--
       ``(i) a population of 145,000 and 25 square miles of land 
     area in the State of California; and
       ``(ii) a population of 65,000 and 12 square miles of land 
     area in the State of Nevada.''.

     SEC. 21004. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

       (a) In General.--Section 5304 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(2), by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, intermodal facilities that support 
     intercity transportation, including intercity buses and 
     intercity bus facilities, and commuter vanpool providers'';
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (G), by striking ``and'' at the end;
       (ii) in subparagraph (H), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(I) improve the resilience and reliability of the 
     transportation system.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B)(ii), by striking ``urbanized areas 
     with a population of fewer than 200,000 individuals, as 
     calculated according to the most recent decennial census, 
     and'' and inserting ``areas''; and
       (ii) in subparagraph (C)--

       (I) by striking ``title 23'' and inserting ``this 
     chapter''; and
       (II) by striking ``urbanized areas with a population of 
     fewer than 200,000 individuals, as calculated according to 
     the most recent decennial census, and'' and inserting 
     ``areas'';

       (3) in subsection (e)(1)--
       (A) by striking ``'In'' and inserting ``In''; and
       (B) by striking ``subsection (l)'' and inserting 
     ``subsection (k)'';
       (4) in subsection (f)--
       (A) in paragraph (2)(B)(i), by striking ``subsection (l)'' 
     and inserting ``subsection (k)'';
       (B) in paragraph (3)(A)--
       (i) in clause (i), by striking ``subsection (l)'' and 
     inserting ``subsection (k)''; and
       (ii) in clause (ii), by inserting ``(including intercity 
     bus operators and commuter vanpool providers)'' after 
     ``private providers of transportation'';
       (C) in paragraph (7), in the matter preceding subparagraph 
     (A), by striking ``should'' and inserting ``shall''; and
       (D) in paragraph (8), by inserting ``, including 
     consideration of the role that intercity buses may play in 
     reducing congestion, pollution, and energy consumption in a 
     cost-effective manner and strategies and investments that 
     preserve and enhance intercity bus systems, including systems 
     that are privately owned and operated'' before the period at 
     the end;
       (5) in subsection (g)--
       (A) in paragraph (2)(B)(i), by striking ``subsection (l)'' 
     and inserting ``subsection (k)'';
       (B) in paragraph (3)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers''; and
       (ii) by inserting ``(including intercity bus operators)'' 
     after ``private providers of transportation''; and
       (C) in paragraph (6)(A), by striking ``subsection (l)'' and 
     inserting ``subsection (k)'';
       (6) by striking subsection (i); and
       (7) by redesignating subsections (j), (k), and (l) as 
     subsections (i), (j), and (k), respectively.
       (b) Conforming Amendment.--Section 5303(b)(5) of title 49, 
     United States Code, is amended by striking ``section 
     5304(l)'' and inserting ``section 5304(k)''.

     SEC. 21005. URBANIZED AREA FORMULA GRANTS.

       Section 5307 of title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by inserting ``or general public 
     demand response service'' before ``during'' each place that 
     term appears; and
       (B) by adding at the end the following:
       ``(3) Exception to special rule.--Notwithstanding paragraph 
     (2), if a public transportation system described in that 
     paragraph executes a written agreement with 1 or more other 
     public transportation systems within the urbanized area to 
     allocate funds for the purposes described in that paragraph 
     by a method other than by measuring vehicle revenue hours, 
     each public transportation system that is a party to the 
     written agreement may follow the terms of the written 
     agreement without regard to measured vehicle revenue hours 
     referred to in that paragraph.
       ``(4) Temporary and targeted assistance.--
       ``(A) Eligibility.--The Secretary may make a grant under 
     this section to finance the operating cost of equipment and 
     facilities to a recipient for use in public transportation in 
     an area that the Secretary determines has--
       ``(i) a population of not fewer than 200,000 individuals, 
     as determined by the Bureau of the Census; and
       ``(ii) a 3-month unemployment rate, as reported by the 
     Bureau of Labor Statistics, that is--

       ``(I) greater than 7 percent; and
       ``(II) at least 2 percentage points greater than the lowest 
     3-month unemployment rate for the area during the 5-year 
     period preceding the date of the determination.

       ``(B) Award of grant.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the Secretary may make a grant under this 
     paragraph for not more than 2 consecutive fiscal years.
       ``(ii) Additional year.--If, at the end of the second 
     fiscal year following the date on which the Secretary makes a 
     determination under subparagraph (A) with respect to an area, 
     the Secretary determines that the 3-month unemployment rate 
     for the area is at least 2 percentage points greater than the 
     unemployment rate for the area at the time the Secretary made 
     the determination under subparagraph (A), the Secretary may 
     make a grant to a recipient in the area for 1 additional 
     consecutive fiscal year.
       ``(iii) Exclusion period.--Beginning on the last day of the 
     last consecutive fiscal year for which a recipient receives a 
     grant under this paragraph, the Secretary may not make a 
     subsequent grant under this paragraph to the recipient for a 
     number of fiscal years equal to the number of consecutive 
     fiscal years in which the recipient received a grant under 
     this paragraph.
       ``(C) Limitation.--
       ``(i) First fiscal year.--For the first fiscal year 
     following the date on which the Secretary makes a 
     determination under subparagraph (A) with respect to an area, 
     not more than 25 percent of the amount apportioned to a 
     designated recipient under section 5336 for the fiscal year 
     shall be available for operating assistance for the area.
       ``(ii) Second and third fiscal years.--For the second and 
     third fiscal years following the date on which the Secretary 
     makes a determination under subparagraph (A) with respect to 
     an area, not more than 20 percent of the amount apportioned 
     to a designated recipient under section 5336 for the fiscal 
     year shall be available for operating assistance for the 
     area.
       ``(D) Period of availability for operating assistance.--
     Operating assistance awarded under this paragraph shall be 
     available for expenditure to a recipient in an area until the 
     end of the second fiscal year following the date on which the 
     Secretary makes a determination under subparagraph (A) with 
     respect to the area, after which time any unexpended funds 
     shall be available to the recipient for other eligible 
     activities under this section.
       ``(E) Certification.--The Secretary may make a grant for 
     operating assistance under this paragraph for a fiscal year 
     only if the recipient certifies that--
       ``(i) the recipient will maintain public transportation 
     service levels at or above the current service level, which 
     shall be demonstrated by providing an equal or greater number 
     of vehicle hours of service in the fiscal year than the 
     number of vehicle hours of service provided in the preceding 
     fiscal year;
       ``(ii) any non-Federal entity that provides funding to the 
     recipient, including a State or local governmental entity, 
     will maintain the tax rate or rate of allocations dedicated 
     to public transportation at or above the rate for the 
     preceding fiscal year;
       ``(iii) the recipient has allocated the maximum amount of 
     funding under this section for preventive maintenance costs 
     eligible as a capital expense necessary to maintain the level 
     and quality of service provided in the preceding fiscal year; 
     and
       ``(iv) the recipient will not use funding under this 
     section for new capital assets except as necessary for the 
     existing system to maintain or achieve a state of good 
     repair, assure safety, or replace obsolete technology.''; and
       (2) in subsection (c)(1)--
       (A) in subparagraph (C), by inserting ``in a state of good 
     repair'' after ``equipment and facilities'';
       (B) in subparagraph (J), by adding ``and'' at the end;
       (C) by striking subparagraph (K); and
       (D) by redesignating subparagraph (L) as subparagraph (K).

     SEC. 21006. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

       (a) In General.--Section 5309 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``and weekend days'';
       (B) in paragraph (6)--
       (i) in subparagraph (A), by inserting ``, small start 
     projects,'' after ``new fixed guideway capital projects''; 
     and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) 2 or more projects that are any combination of new 
     fixed guideway capital projects, small start projects, and 
     core capacity improvement projects.''; and
       (C) in paragraph (7)--
       (i) in subparagraph (A), by striking ``$75,000,000'' and 
     inserting ``$100,000,000''; and
       (ii) in subparagraph (B), by striking ``$250,000,000'' and 
     inserting ``$300,000,000'';
       (2) in subsection (d)--
       (A) in paragraph (1)(B), by striking ``, policies and land 
     use patterns that promote public transportation,''; and

[[Page H7444]]

       (B) in paragraph (2)(A)--
       (i) in clause (iii), by adding ``and'' at the end;
       (ii) by striking clause (iv); and
       (iii) by redesignating clause (v) as clause (iv);
       (3) in subsection (g)(2)(A)(i), by striking ``, the 
     policies and land use patterns that support public 
     transportation,'';
       (4) in subsection (i)--
       (A) in paragraph (1), by striking ``subsection (d) or (e)'' 
     and inserting ``subsection (d), (e), or (h)'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``new fixed guideway capital project or core capacity 
     improvement'' after ``federally funded'';
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) the program of interrelated projects, when evaluated 
     as a whole--
       ``(i) meets the requirements of subsection (d)(2), 
     subsection (e)(2), or paragraphs (3) and (4) of subsection 
     (h), as applicable, if the program is comprised entirely of--

       ``(I) new fixed guideway capital projects;
       ``(II) core capacity improvement projects; or
       ``(III) small start projects; or

       ``(ii) meets the requirements of subsection (d)(2) if the 
     program is comprised of any combination of new fixed guideway 
     projects, small start projects, and core capacity improvement 
     projects;''; and
       (iii) in subparagraph (F), by inserting ``or (h)(5), as 
     applicable'' after ``subsection (f)''; and
       (C) in paragraph (3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Project advancement.--A project receiving a grant 
     under this section that is part of a program of interrelated 
     projects may not advance--
       ``(i) in the case of a small start project, from the 
     project development phase to the construction phase unless 
     the Secretary determines that the program of interrelated 
     projects meets the applicable requirements of this section 
     and there is a reasonable likelihood that the program will 
     continue to meet such requirements; or
       ``(ii) in the case of a new fixed guideway capital project 
     or a core capacity improvement project, from the project 
     development phase to the engineering phase, or from the 
     engineering phase to the construction phase, unless the 
     Secretary determines that the program of interrelated 
     projects meets the applicable requirements of this section 
     and there is a reasonable likelihood that the program will 
     continue to meet such requirements.''; and
       (5) by adding at the end the following:
       ``(p) Joint Public Transportation and Intercity Passenger 
     Rail Projects.--
       ``(1) In general.--The Secretary may make grants for new 
     fixed guideway capital projects and core capacity improvement 
     projects that provide both public transportation and 
     intercity passenger rail service.
       ``(2) Eligible costs.--Eligible costs for a project under 
     this subsection shall be limited to the net capital costs of 
     the public transportation costs attributable to the project 
     based on projected use of the new segment or expanded 
     capacity of the project corridor, not including project 
     elements designed to achieve or maintain a state of good 
     repair, as determined by the Secretary under paragraph (4).
       ``(3) Project justification and local financial 
     commitment.--A project under this subsection shall be 
     evaluated for project justification and local financial 
     commitment under subsections (d), (e), (f), and (h), as 
     applicable to the project, based on--
       ``(A) the net capital costs of the public transportation 
     costs attributable to the project as determined under 
     paragraph (4); and
       ``(B) the share of funds dedicated to the project from 
     sources other than this section included in the unified 
     finance plan for the project.
       ``(4) Calculation of net capital project cost.--The 
     Secretary shall estimate the net capital costs of a project 
     under this subsection based on--
       ``(A) engineering studies;
       ``(B) studies of economic feasibility;
       ``(C) the expected use of equipment or facilities; and
       ``(D) the public transportation costs attributable to the 
     project.
       ``(5) Government share of net capital project cost.--
       ``(A) Government share.--The Government share shall not 
     exceed 80 percent of the net capital cost attributable to the 
     public transportation costs of a project under this 
     subsection as determined under paragraph (4).
       ``(B) Non-government share.--The remainder of the net 
     capital cost attributable to the public transportation costs 
     of a project under this subsection shall be provided from an 
     undistributed cash surplus, a replacement or depreciation 
     cash fund or reserve, or new capital.''.
       (b) Expedited Project Delivery for Capital Investment 
     Grants Pilot Program.--
       (1) Definitions.--In this subsection, the following 
     definitions shall apply:
       (A) Applicant.--The term ``applicant'' means a State or 
     local governmental authority that applies for a grant under 
     this subsection.
       (B) Capital project; fixed guideway; local governmental 
     authority; public transportation; state; state of good 
     repair.--The terms ``capital project'', ``fixed guideway'', 
     ``local governmental authority'', ``public transportation'', 
     ``State'', and ``state of good repair'' have the meanings 
     given those terms in section 5302 of title 49, United States 
     Code.
       (C) Core capacity improvement project.--The term ``core 
     capacity improvement project''--
       (i) means a substantial corridor-based capital investment 
     in an existing fixed guideway system that increases the 
     capacity of a corridor by not less than 10 percent; and
       (ii) may include project elements designed to aid the 
     existing fixed guideway system in making substantial progress 
     towards achieving a state of good repair.
       (D) Corridor-based bus rapid transit project.--The term 
     ``corridor-based bus rapid transit project'' means a small 
     start project utilizing buses in which the project represents 
     a substantial investment in a defined corridor as 
     demonstrated by features that emulate the services provided 
     by rail fixed guideway public transportation systems--
       (i) including--

       (I) defined stations;
       (II) traffic signal priority for public transportation 
     vehicles;
       (III) short headway bidirectional services for a 
     substantial part of weekdays; and
       (IV) any other features the Secretary may determine support 
     a long-term corridor investment; and

       (ii) the majority of which does not operate in a separated 
     right-of-way dedicated for public transportation use during 
     peak periods.
       (E) Eligible project.--The term ``eligible project'' means 
     a new fixed guideway capital project, a small start project, 
     or a core capacity improvement project that has not entered 
     into a full funding grant agreement with the Federal Transit 
     Administration before the date of enactment of this Act.
       (F) Fixed guideway bus rapid transit project.--The term 
     ``fixed guideway bus rapid transit project'' means a bus 
     capital project--
       (i) in which the majority of the project operates in a 
     separated right-of-way dedicated for public transportation 
     use during peak periods;
       (ii) that represents a substantial investment in a single 
     route in a defined corridor or subarea; and
       (iii) that includes features that emulate the services 
     provided by rail fixed guideway public transportation 
     systems, including--

       (I) defined stations;
       (II) traffic signal priority for public transportation 
     vehicles;
       (III) short headway bidirectional services for a 
     substantial part of weekdays and weekend days; and
       (IV) any other features the Secretary may determine are 
     necessary to produce high-quality public transportation 
     services that emulate the services provided by rail fixed 
     guideway public transportation systems.

       (G) New fixed guideway capital project.--The term ``new 
     fixed guideway capital project'' means--
       (i) a fixed guideway project that is a minimum operable 
     segment or extension to an existing fixed guideway system; or
       (ii) a fixed guideway bus rapid transit project that is a 
     minimum operable segment or an extension to an existing bus 
     rapid transit system.
       (H) Recipient.--The term ``recipient'' means a recipient of 
     funding under chapter 53 of title 49, United States Code.
       (I) Small start project.--The term ``small start project'' 
     means a new fixed guideway capital project, a fixed guideway 
     bus rapid transit project, or a corridor-based bus rapid 
     transit project for which--
       (i) the Federal assistance provided or to be provided under 
     this subsection is less than $75,000,000; and
       (ii) the total estimated net capital cost is less than 
     $300,000,000.
       (2) General authority.--The Secretary may make grants under 
     this subsection to States and local governmental authorities 
     to assist in financing--
       (A) new fixed guideway capital projects or small start 
     projects, including the acquisition of real property, the 
     initial acquisition of rolling stock for the system, the 
     acquisition of rights-of-way, and relocation, for projects in 
     the advanced stages of planning and design; and
       (B) core capacity improvement projects, including the 
     acquisition of real property, the acquisition of rights-of-
     way, double tracking, signalization improvements, 
     electrification, expanding system platforms, acquisition of 
     rolling stock associated with corridor improvements 
     increasing capacity, construction of infill stations, and 
     such other capacity improvement projects as the Secretary 
     determines are appropriate to increase the capacity of an 
     existing fixed guideway system corridor by not less than 10 
     percent. Core capacity improvement projects do not include 
     elements to improve general station facilities or parking, or 
     acquisition of rolling stock alone.
       (3) Grant requirements.--
       (A) In general.--The Secretary may make not more than 10 
     grants under this subsection for an eligible project if the 
     Secretary determines that--
       (i) the eligible project is part of an approved 
     transportation plan required under sections 5303 and 5304 of 
     title 49, United States Code;
       (ii) the applicant has, or will have--

       (I) the legal, financial, and technical capacity to carry 
     out the eligible project, including the safety and security 
     aspects of the eligible project;
       (II) satisfactory continuing control over the use of the 
     equipment or facilities;
       (III) the technical and financial capacity to maintain new 
     and existing equipment and facilities; and
       (IV) advisors providing guidance to the applicant on the 
     terms and structure of the project that are independent from 
     investors in the project;

       (iii) the eligible project is supported, or will be 
     supported, in part, through a public-private partnership, 
     provided such support is determined by local policies, 
     criteria, and decisionmaking under section 5306(a) of title 
     49, United States Code;
       (iv) the eligible project is justified based on findings 
     presented by the project sponsor to the Secretary, 
     including--

       (I) mobility improvements attributable to the project;

[[Page H7445]]

       (II) environmental benefits associated with the project;
       (III) congestion relief associated with the project;
       (IV) economic development effects derived as a result of 
     the project; and
       (V) estimated ridership projections; and

       (v) the eligible project is supported by an acceptable 
     degree of local financial commitment (including evidence of 
     stable and dependable financing sources).
       (B) Certification.--An applicant that has submitted the 
     certifications required under subparagraphs (A), (B), (C), 
     and (H) of section 5307(c)(1) of title 49, United States 
     Code, shall be deemed to have provided sufficient information 
     upon which the Secretary may make the determinations required 
     under this paragraph.
       (C) Technical capacity.--The Secretary shall use an 
     expedited technical capacity review process for applicants 
     that have recently and successfully completed not less than 1 
     new fixed guideway capital project, small start project, or 
     core capacity improvement project, if--
       (i) the applicant achieved budget, cost, and ridership 
     outcomes for the project that are consistent with or better 
     than projections; and
       (ii) the applicant demonstrates that the applicant 
     continues to have the staff expertise and other resources 
     necessary to implement a new project.
       (D) Financial commitment.--
       (i) Requirements.--In determining whether an eligible 
     project is supported by an acceptable degree of local 
     financial commitment and shows evidence of stable and 
     dependable financing sources for purposes of subparagraph 
     (A)(v), the Secretary shall require that--

       (I) each proposed source of capital and operating financing 
     is stable, reliable, and available within the proposed 
     eligible project timetable; and
       (II) resources are available to recapitalize, maintain, and 
     operate the overall existing and proposed public 
     transportation system, including essential feeder bus and 
     other services necessary, without degradation to the existing 
     level of public transportation services.

       (ii) Considerations.--In assessing the stability, 
     reliability, and availability of proposed sources of 
     financing under clause (i), the Secretary shall consider--

       (I) the reliability of the forecasting methods used to 
     estimate costs and revenues made by the applicant and the 
     contractors to the applicant;
       (II) existing grant commitments;
       (III) the degree to which financing sources are dedicated 
     to the proposed eligible project;
       (IV) any debt obligation that exists or is proposed by the 
     applicant, for the proposed eligible project or other public 
     transportation purpose; and
       (V) private contributions to the eligible project, 
     including cost-effective project delivery, management or 
     transfer of project risks, expedited project schedule, 
     financial partnering, and other public-private partnership 
     strategies.

       (E) Labor standards.--The requirements under section 5333 
     of title 49, United States Code, shall apply to each 
     recipient of a grant under this subsection.
       (4) Project advancement.--An applicant that desires a grant 
     under this subsection and meets the requirements of paragraph 
     (3) shall submit to the Secretary, and the Secretary shall 
     approve for advancement, a grant request that contains--
       (A) identification of an eligible project;
       (B) a schedule and finance plan for the construction and 
     operation of the eligible project;
       (C) an analysis of the efficiencies of the proposed 
     eligible project development and delivery methods and 
     innovative financing arrangement for the eligible project, 
     including any documents related to the--
       (i) public-private partnership required under paragraph 
     (3)(A)(iii); and
       (ii) project justification required under paragraph 
     (3)(A)(iv); and
       (D) a certification that the existing public transportation 
     system of the applicant or, in the event that the applicant 
     does not operate a public transportation system, the public 
     transportation system to which the proposed project will be 
     attached, is in a state of good repair.
       (5) Written notice from the secretary.--
       (A) In general.--Not later than 120 days after the date on 
     which the Secretary receives a grant request of an applicant 
     under paragraph (4), the Secretary shall provide written 
     notice to the applicant--
       (i) of approval of the grant request; or
       (ii) if the grant request does not meet the requirements 
     under paragraph (4), of disapproval of the grant request, 
     including a detailed explanation of the reasons for the 
     disapproval.
       (B) Concurrent notice.--The Secretary shall provide 
     concurrent notice of an approval or disapproval of a grant 
     request under subparagraph (A) to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (6) Waiver.--The Secretary may grant a waiver to an 
     applicant that does not comply with paragraph (4)(D) if--
       (A) the eligible project meets the definition of a core 
     capacity improvement project; and
       (B) the Secretary certifies that the eligible project will 
     allow the applicant to make substantial progress in achieving 
     a state of good repair.
       (7) Selection criteria.--The Secretary may enter into a 
     full funding grant agreement with an applicant under this 
     subsection for an eligible project for which an application 
     has been submitted and approved for advancement by the 
     Secretary under paragraph (4), only if the applicant has 
     completed the planning and activities required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (8) Letters of intent and full funding grant agreements.--
       (A) Letters of intent.--
       (i) Amounts intended to be obligated.--The Secretary may 
     issue a letter of intent to an applicant announcing an 
     intention to obligate, for an eligible project under this 
     subsection, an amount from future available budget authority 
     specified in law that is not more than the amount stipulated 
     as the financial participation of the Secretary in the 
     eligible project. When a letter is issued for an eligible 
     project under this subsection, the amount shall be sufficient 
     to complete at least an operable segment.
       (ii) Treatment.--The issuance of a letter under clause (i) 
     is deemed not to be an obligation under section 1108(c), 
     1501, or 1502(a) of title 31, United States Code, or an 
     administrative commitment.
       (B) Full funding grant agreements.--
       (i) In general.--Except as provided in clause (v), an 
     eligible project shall be carried out under this subsection 
     through a full funding grant agreement.
       (ii) Criteria.--The Secretary shall enter into a full 
     funding grant agreement, based the requirements of this 
     subparagraph, with each applicant receiving assistance for an 
     eligible project that has received a written notice of 
     approval under paragraph (5)(A)(i).
       (iii) Terms.--A full funding grant agreement shall--

       (I) establish the terms of participation by the Federal 
     Government in the eligible project;
       (II) establish the maximum amount of Federal financial 
     assistance for the eligible project;
       (III) include the period of time for completing 
     construction of the eligible project, consistent with the 
     terms of the public-private partnership agreement, even if 
     that period extends beyond the period of an authorization; 
     and
       (IV) make timely and efficient management of the eligible 
     project easier according to the law of the United States.

       (iv) Special financial rules.--

       (I) In general.--A full funding grant agreement under this 
     subparagraph obligates an amount of available budget 
     authority specified in law and may include a commitment, 
     contingent on amounts to be specified in law in advance for 
     commitments under this subparagraph, to obligate an 
     additional amount from future available budget authority 
     specified in law.
       (II) Statement of contingent commitment.--A full funding 
     grant agreement shall state that the contingent commitment is 
     not an obligation of the Federal Government.
       (III) Interest and other financing costs.--Interest and 
     other financing costs of efficiently carrying out a part of 
     the eligible project within a reasonable time are a cost of 
     carrying out the eligible project under a full funding grant 
     agreement, except that eligible costs may not be more than 
     the cost of the most favorable financing terms reasonably 
     available for the eligible project at the time of borrowing. 
     The applicant shall certify, in a way satisfactory to the 
     Secretary, that the applicant has shown reasonable diligence 
     in seeking the most favorable financing terms.
       (IV) Completion of operable segment.--The amount stipulated 
     in an agreement under this subparagraph for a new fixed 
     guideway capital project, core capacity improvement project, 
     or small start project shall be sufficient to complete at 
     least an operable segment.

       (v) Exception.--

       (I) In general.--The Secretary, to the maximum extent 
     practicable, shall provide Federal assistance under this 
     subsection for a small start project in a single grant. If 
     the Secretary cannot provide such a single grant, the 
     Secretary may execute an expedited grant agreement in order 
     to include a commitment on the part of the Secretary to 
     provide funding for the project in future fiscal years.
       (II) Terms of expedited grant agreements.--In executing an 
     expedited grant agreement under this clause, the Secretary 
     may include in the agreement terms similar to those 
     established under clause (iii).

       (C) Limitation on amounts.--
       (i) In general.--The Secretary may enter into full funding 
     grant agreements under this paragraph for eligible projects 
     that contain contingent commitments to incur obligations in 
     such amounts as the Secretary determines are appropriate.
       (ii) Appropriation required.--An obligation may be made 
     under this paragraph only when amounts are appropriated for 
     obligation.
       (D) Notification to congress.--
       (i) In general.--Not later than 30 days before the date on 
     which the Secretary issues a letter of intent or enters into 
     a full funding grant agreement for an eligible project under 
     this paragraph, the Secretary shall notify, in writing, the 
     Committee on Banking, Housing, and Urban Affairs and the 
     Committee on Appropriations of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives of the 
     proposed letter of intent or full funding grant agreement.
       (ii) Contents.--The written notification under clause (i) 
     shall include a copy of the proposed letter of intent or full 
     funding grant agreement for the eligible project.
       (9) Government share of net capital project cost.--
       (A) In general.--A grant for an eligible project shall not 
     exceed 25 percent of the net capital project cost.
       (B) Remainder of net capital project cost.--The remainder 
     of the net capital project cost shall be provided from an 
     undistributed cash surplus, a replacement or depreciation 
     cash fund or reserve, or new capital.
       (C) Limitation on statutory construction.--Nothing in this 
     subsection shall be construed as authorizing the Secretary to 
     require a non-Federal financial commitment for a project that 
     is more than 75 percent of the net capital project cost.

[[Page H7446]]

       (D) Special rule for rolling stock costs.--In addition to 
     amounts allowed pursuant to subparagraph (A), a planned 
     extension to a fixed guideway system may include the cost of 
     rolling stock previously purchased if the applicant satisfies 
     the Secretary that only amounts other than amounts provided 
     by the Federal Government were used and that the purchase was 
     made for use on the extension. A refund or reduction of the 
     remainder may be made only if a refund of a proportional 
     amount of the grant of the Federal Government is made at the 
     same time.
       (E) Failure to carry out project.--If an applicant does not 
     carry out an eligible project for reasons within the control 
     of the applicant, the applicant shall repay all Federal funds 
     awarded for the eligible project from all Federal funding 
     sources, for all eligible project activities, facilities, and 
     equipment, plus reasonable interest and penalty charges 
     allowable by law.
       (F) Crediting of funds received.--Any funds received by the 
     Federal Government under this paragraph, other than interest 
     and penalty charges, shall be credited to the appropriation 
     account from which the funds were originally derived.
       (10) Availability of amounts.--
       (A) In general.--An amount made available for an eligible 
     project shall remain available to that eligible project for 5 
     fiscal years, including the fiscal year in which the amount 
     is made available. Any amounts that are unobligated to the 
     eligible project at the end of the 5-fiscal-year period may 
     be used by the Secretary for any purpose under this 
     subsection.
       (B) Use of deobligated amounts.--An amount available under 
     this subsection that is deobligated may be used for any 
     purpose under this subsection.
       (11) Annual report on expedited project delivery for 
     capital investment grants.--Not later than the first Monday 
     in February of each year, the Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs and the 
     Committee on Appropriations of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives a report that 
     includes a proposed amount to be available to finance grants 
     for anticipated projects under this subsection.
       (12) Before and after study and report.--
       (A) Study required.--Each recipient shall conduct a study 
     that--
       (i) describes and analyzes the impacts of the eligible 
     project on public transportation services and public 
     transportation ridership;
       (ii) describes and analyzes the consistency of predicted 
     and actual benefits and costs of the innovative project 
     development and delivery methods or innovative financing for 
     the eligible project; and
       (iii) identifies reasons for any differences between 
     predicted and actual outcomes for the eligible project.
       (B) Submission of report.--Not later than 2 years after an 
     eligible project that is selected under this subsection 
     begins revenue operations, the recipient shall submit to the 
     Secretary a report on the results of the study conducted 
     under subparagraph (A).
       (13) Rule of construction.--Nothing in this subsection 
     shall be construed to--
       (A) require the privatization of the operation or 
     maintenance of any project for which an applicant seeks 
     funding under this subsection;
       (B) revise the determinations by local policies, criteria, 
     and decisionmaking under section 5306(a) of title 49, United 
     States Code;
       (C) alter the requirements for locally developed, 
     coordinated, and implemented transportation plans under 
     sections 5303 and 5304 of title 49, United States Code; or
       (D) alter the eligibilities or priorities for assistance 
     under this subsection or section 5309 of title 49, United 
     States Code.

     SEC. 21007. MOBILITY OF SENIORS AND INDIVIDUALS WITH 
                   DISABILITIES.

       (a) Coordination of Public Transportation Services With 
     Other Federally Assisted Local Transportation Services.--
       (1) Definitions.--In this subsection--
       (A) the term ``allocated cost model'' means a method of 
     determining the cost of trips by allocating the cost to each 
     trip purpose served by a transportation provider in a manner 
     that is proportional to the level of transportation service 
     that the transportation provider delivers for each trip 
     purpose, to the extent permitted by applicable Federal 
     requirements; and
       (B) the term ``Council'' means the Interagency 
     Transportation Coordinating Council on Access and Mobility 
     established under Executive Order 13330 (49 U.S.C. 101 note).
       (2) Coordinating council on access and mobility strategic 
     plan.--Not later than 2 years after the date of enactment of 
     this Act, the Council shall publish a strategic plan for the 
     Council that--
       (A) outlines the role and responsibilities of each Federal 
     agency with respect to local transportation coordination, 
     including non-emergency medical transportation;
       (B) identifies a strategy to strengthen interagency 
     collaboration;
       (C) addresses any outstanding recommendations made by the 
     Council in the 2005 Report to the President relating to the 
     implementation of Executive Order 13330, including--
       (i) a cost-sharing policy endorsed by the Council; and
       (ii) recommendations to increase participation by 
     recipients of Federal grants in locally developed, 
     coordinated planning processes; and
       (D) to the extent feasible, addresses recommendations by 
     the Comptroller General of the United States concerning local 
     coordination of transportation services.
       (3) Development of cost-sharing policy in compliance with 
     applicable federal requirements.--In establishing the cost-
     sharing policy required under paragraph (2), the Council may 
     consider, to the extent practicable--
       (A) the development of recommended strategies for grantees 
     of programs funded by members of the Council, including 
     strategies for grantees of programs that fund non-emergency 
     medical transportation, to use the cost-sharing policy in a 
     manner that does not violate applicable Federal requirements; 
     and
       (B) optional incorporation of an allocated cost model to 
     facilitate local coordination efforts that comply with 
     applicable requirements of programs funded by members of the 
     Council, such as--
       (i) eligibility requirements;
       (ii) service delivery requirements; and
       (iii) reimbursement requirements.
       (b) Pilot Program for Innovative Coordinated Access and 
     Mobility.--
       (1) Definitions.--In this subsection--
       (A) the term ``eligible project'' has the meaning given the 
     term ``capital project'' in section 5302 of title 49, United 
     States Code; and
       (B) the term ``eligible recipient'' means a recipient or 
     subrecipient, as those terms are defined in section 5310 of 
     title 49, United States Code.
       (2) General authority.--The Secretary may make grants under 
     this subsection to eligible recipients to assist in financing 
     innovative projects for the transportation disadvantaged that 
     improve the coordination of transportation services and non-
     emergency medical transportation services, including--
       (A) the deployment of coordination technology;
       (B) projects that create or increase access to community 
     One-Call/One-Click Centers; and
       (C) such other projects as determined by the Secretary.
       (3) Application.--An eligible recipient shall submit to the 
     Secretary an application that, at a minimum, contains--
       (A) a detailed description of the eligible project;
       (B) an identification of all eligible project partners and 
     their specific role in the eligible project, including--
       (i) private entities engaged in the coordination of non-
     emergency medical transportation services for the 
     transportation disadvantaged; or
       (ii) nonprofit entities engaged in the coordination of non-
     emergency medical transportation services for the 
     transportation disadvantaged;
       (C) a description of how the eligible project would--
       (i) improve local coordination or access to coordinated 
     transportation services;
       (ii) reduce duplication of service, if applicable; and
       (iii) provide innovative solutions in the State or 
     community; and
       (D) specific performance measures the eligible project will 
     use to quantify actual outcomes against expected outcomes.
       (4) Government share of costs.--
       (A) In general.--The Government share of the cost of an 
     eligible project carried out under this subsection shall not 
     exceed 80 percent.
       (B) Non-government share.--The non-Government share of the 
     cost of an eligible project carried out under this subsection 
     may be derived from in-kind contributions.
       (5) Rule of construction.--For purposes of this subsection, 
     non-emergency medical transportation services shall be 
     limited to services eligible under Federal programs other 
     than programs authorized under chapter 53 of title 49, United 
     States Code.
       (c) Technical Correction.--Section 5310(a) of title 49, 
     United States Code, is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Recipient.--The term `recipient' means--
       ``(A) a designated recipient or a State that receives a 
     grant under this section directly; or
       ``(B) a State or local governmental entity that operates a 
     public transportation service.''.

     SEC. 21008. FORMULA GRANTS FOR RURAL AREAS.

       Section 5311 of title 49, United States Code, is amended--
       (1) in subsection (c)(1), as amended by division G, by 
     striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) $5,000,000 for each fiscal year shall be distributed 
     on a competitive basis by the Secretary.
       ``(B) $30,000,000 for each fiscal year shall be apportioned 
     as formula grants, as provided in subsection (j).''; and
       (2) in subsection (j)(1)--
       (A) in subparagraph (A)(iii), by striking ``(as defined by 
     the Bureau of the Census)'' and inserting ``(American Indian 
     Areas, Alaska Native Areas, and Hawaiian Home Lands, as 
     defined by the Bureau of the Census)''; and
       (B) by adding at the end the following:
       ``(E) Allocation between multiple indian tribes.--If more 
     than 1 Indian tribe provides public transportation service on 
     tribal lands in a single Tribal Statistical Area, and the 
     Indian tribes do not determine how to allocate the funds 
     apportioned under clause (iii) of subparagraph (A) between 
     the Indian tribes, the Secretary shall allocate the funds 
     such that each Indian tribe shall receive an amount equal to 
     the total amount apportioned under such clause (iii) 
     multiplied by the ratio of the number of annual unlinked 
     passenger trips provided by each Indian tribe, as reported to 
     the National Transit Database, to the total unlinked 
     passenger trips provided by all the Indian tribes in the 
     Tribal Statistical Area.''.

     SEC. 21009. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
                   DEPLOYMENT PROGRAM.

       (a) In General.--Section 5312 of title 49, United States 
     Code, is amended--
       (1) in the section heading, by striking ``projects'' and 
     inserting ``program'';

[[Page H7447]]

       (2) in subsection (a), in the subsection heading, by 
     striking ``Projects'' and inserting ``Program'';
       (3) in subsection (d)--
       (A) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``demonstration, deployment, or evaluation'' before ``project 
     that'';
       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) in subparagraph (B), by striking the period at the 
     end and inserting ``; or''; and
       (iv) by adding at the end the following:
       ``(C) the deployment of low or no emission vehicles, zero 
     emission vehicles, or associated advanced technology.''; and
       (B) by striking paragraph (5) and inserting the following:
       ``(5) Prohibition.--The Secretary may not make grants under 
     this subsection for the demonstration, deployment, or 
     evaluation of a vehicle that is in revenue service unless the 
     Secretary determines that the project makes significant 
     technological advancements in the vehicle.
       ``(6) Definitions.--In this subsection--
       ``(A) the term `direct carbon emissions' means the quantity 
     of direct greenhouse gas emissions from a vehicle, as 
     determined by the Administrator of the Environmental 
     Protection Agency;
       ``(B) the term `low or no emission vehicle' means--
       ``(i) a passenger vehicle used to provide public 
     transportation that the Secretary determines sufficiently 
     reduces energy consumption or harmful emissions, including 
     direct carbon emissions, when compared to a comparable 
     standard vehicle; or
       ``(ii) a zero emission vehicle used to provide public 
     transportation; and
       ``(C) the term `zero emission vehicle' means a low or no 
     emission vehicle that produces no carbon or particulate 
     matter.'';
       (4) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively;
       (5) by inserting after subsection (d) the following:
       ``(e) Low or No Emission Vehicle Component Assessment.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered institution of higher education' 
     means an institution of higher education with which the 
     Secretary enters into a contract or cooperative agreement, or 
     to which the Secretary makes a grant, under paragraph (2)(B) 
     to operate a facility designated under paragraph (2)(A);
       ``(B) the terms `direct carbon emissions' and `low or no 
     emission vehicle' have the meanings given those terms in 
     subsection (d)(6);
       ``(C) the term `institution of higher education' has the 
     meaning given the term in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002); and
       ``(D) the term `low or no emission vehicle component' means 
     an item that is separately installed in and removable from a 
     low or no emission vehicle.
       ``(2) Assessing low or no emission vehicle components.--
       ``(A) In general.--The Secretary shall designate not more 
     than 2 facilities to conduct testing, evaluation, and 
     analysis of low or no emission vehicle components intended 
     for use in low or no emission vehicles.
       ``(B) Operation and maintenance.--
       ``(i) In general.--The Secretary shall enter into a 
     contract or cooperative agreement with, or make a grant to, 
     not more than 2 institutions of higher education to each 
     operate and maintain a facility designated under subparagraph 
     (A).
       ``(ii) Requirements.--An institution of higher education 
     described in clause (i) shall have--

       ``(I) previous experience with transportation-related 
     advanced component and vehicle evaluation;
       ``(II) laboratories capable of testing and evaluation;
       ``(III) direct access to or a partnership with a testing 
     facility capable of emulating real-world circumstances in 
     order to test low or no emission vehicle components installed 
     on the intended vehicle;
       ``(IV) extensive knowledge of public-private partnerships 
     in the transportation sector, with emphasis on development 
     and evaluation of materials, products, and components;
       ``(V) the ability to reduce costs to partners by leveraging 
     existing programs to provide complementary research, 
     development, testing, and evaluation; and
       ``(VI) the means to conduct performance assessments on low 
     or no emission vehicle components based on industry 
     standards.

       ``(C) Fees.--A covered institution of higher education 
     shall establish and collect fees, which shall be approved by 
     the Secretary, for the assessment of low or no emission 
     components at the applicable facility designated under 
     subparagraph (A).
       ``(D) Availability of amounts to pay for assessment.--The 
     Secretary shall enter into a contract or cooperative 
     agreement with, or make a grant to, each covered institution 
     of higher education under which--
       ``(i) the Secretary shall pay 50 percent of the cost of 
     assessing a low or no emission vehicle component at the 
     applicable facility designated under subparagraph (A) from 
     amounts made available to carry out this section; and
       ``(ii) the remaining 50 percent of such cost shall be paid 
     from amounts recovered through the fees established and 
     collected pursuant to subparagraph (C).
       ``(E) Voluntary testing.--A manufacturer of a low or no 
     emission vehicle component is not required to assess the low 
     or no emission vehicle component at a facility designated 
     under subparagraph (A).
       ``(F) Compliance with section 5318.--Notwithstanding 
     whether a low or no emission vehicle component is assessed at 
     a facility designated under subparagraph (A), each new bus 
     model shall comply with the requirements under section 5318.
       ``(G) Separate facility.--Each facility designated under 
     subparagraph (A) shall be separate and distinct from the 
     facility operated and maintained under section 5318.
       ``(3) Low or no emission vehicle component performance 
     reports.--Not later than 2 years after the date of enactment 
     of the Federal Public Transportation Act of 2015, and 
     annually thereafter, the Secretary shall issue a report on 
     low or no emission vehicle component assessments conducted at 
     each facility designated under paragraph (2)(A), which shall 
     include information related to the maintainability, 
     reliability, performance, structural integrity, efficiency, 
     and noise of those low or no emission vehicle components.
       ``(4) Public availability of assessments.--Each assessment 
     conducted at a facility designated under paragraph (2)(A) 
     shall be made publically available, including to affected 
     industries.
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to require--
       ``(A) a low or no emission vehicle component to be tested 
     at a facility designated under paragraph (2)(A); or
       ``(B) the development or disclosure of a privately funded 
     component assessment.'';
       (6) in subsection (f), as so redesignated--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4);
       (C) by inserting after paragraph (2) the following:
       ``(3) a list of any projects that returned negative results 
     in the preceding fiscal year and an analysis of such results; 
     and''; and
       (D) in paragraph (4), as so redesignated, by inserting 
     before the period at the end the following: ``based on 
     projects in the pipeline, ongoing projects, and anticipated 
     research efforts necessary to advance certain projects to a 
     subsequent research phase''; and
       (7) by adding at the end the following:
       ``(h) Cooperative Research Program.--
       ``(1) In general.--The Secretary shall establish--
       ``(A) a public transportation cooperative research program 
     under this subsection; and
       ``(B) an independent governing board for the program, which 
     shall recommend public transportation research, development, 
     and technology transfer activities the Secretary considers 
     appropriate.
       ``(2) Federal assistance.--The Secretary may make grants 
     to, and cooperative agreements with, the National Academy of 
     Sciences to carry out activities under this subsection that 
     the Secretary determines appropriate.
       ``(3) Government share.--If there would be a clear and 
     direct financial benefit to an entity under a grant or 
     contract financed under this section, the Secretary shall 
     establish a Government share consistent with that benefit.''.
       (b) Technical and Conforming Amendments.--
       (1) Title 49.--Chapter 53 of title 49, United States Code, 
     is amended by striking section 5313.
       (2) Table of sections amendment.--The table of sections for 
     chapter 53 of title 49, United States Code, is amended by 
     striking the items relating to sections 5312 and 5313 and 
     inserting the following:

``5312. Research, development, demonstration, and deployment program.
``[5313. Repealed.]''.

     SEC. 21010. PRIVATE SECTOR PARTICIPATION.

       (a) In General.--Section 5315 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to alter--
       ``(1) the eligibilities, requirements, or priority for 
     assistance provided under this chapter; or
       ``(2) the requirements of section 5306(a).''.
       (b) MAP-21 Technical Correction.--Section 20013(d) of the 
     Moving Ahead for Progress in the 21st Century Act (Public Law 
     112-141; 126 Stat. 694) is amended by striking ``5307(c)'' 
     and inserting ``5307(b)''.

     SEC. 21011. INNOVATIVE PROCUREMENT.

       (a) In General.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5315 the 
     following:

     ``Sec. 5316. Innovative procurement

       ``(a) Definition.--In this section, the term `grantee' 
     means a recipient or subrecipient of assistance under this 
     chapter.
       ``(b) Cooperative Procurement.--
       ``(1) Definitions; general rules.--
       ``(A) Definitions.--In this subsection--
       ``(i) the term `cooperative procurement contract' means a 
     contract--

       ``(I) entered into between a State government or eligible 
     nonprofit and 1 or more vendors; and
       ``(II) under which the vendors agree to provide an option 
     to purchase rolling stock and related equipment to multiple 
     participants;

       ``(ii) the term `eligible nonprofit entity' means--

       ``(I) a nonprofit entity that is not a grantee; or
       ``(II) a consortium of entities described in subclause (I);

       ``(iii) the terms `lead nonprofit entity' and `lead 
     procurement agency' mean an eligible nonprofit entity or a 
     State government, respectively, that acts in an 
     administrative capacity on behalf of each participant in a 
     cooperative procurement contract;
       ``(iv) the term `participant' means a grantee that 
     participates in a cooperative procurement contract; and
       ``(v) the term `participate' means to purchase rolling 
     stock and related equipment under a cooperative procurement 
     contract using assistance provided under this chapter.

[[Page H7448]]

       ``(B) General rules.--
       ``(i) Procurement not limited to intrastate participants.--
     A grantee may participate in a cooperative procurement 
     contract without regard to whether the grantee is located in 
     the same State as the parties to the contract.
       ``(ii) Voluntary participation.--Participation by grantees 
     in a cooperative procurement contract shall be voluntary.
       ``(iii) Contract terms.--The lead procurement agency or 
     lead nonprofit entity for a cooperative procurement contract 
     shall develop the terms of the contract.
       ``(iv) Duration.--A cooperative procurement contract--

       ``(I) subject to subclauses (II) and (III), may be for an 
     initial term of not more than 2 years;
       ``(II) may include not more than 3 optional extensions for 
     terms of not more than 1 year each; and
       ``(III) may be in effect for a total period of not more 
     than 5 years, including each extension authorized under 
     subclause (II).

       ``(v) Administrative expenses.--A lead procurement agency 
     or lead nonprofit entity, as applicable, that enters into a 
     cooperative procurement contract--

       ``(I) may charge the participants in the contract for the 
     cost of administering, planning, and providing technical 
     assistance for the contract in an amount that is not more 
     than 1 percent of the total value of the contract; and
       ``(II) with respect to the cost described in subclause (I), 
     may incorporate the cost into the price of the contract or 
     directly charge the participants for the cost, but not both.

       ``(2) State cooperative procurement schedules.--
       ``(A) Authority.--A State government may enter into a 
     cooperative procurement contract with 1 or more vendors if--
       ``(i) the vendors agree to provide an option to purchase 
     rolling stock and related equipment to the State government 
     and any other participant; and
       ``(ii) the State government acts throughout the term of the 
     contract as the lead procurement agency.
       ``(B) Applicability of policies and procedures.--In 
     procuring rolling stock and related equipment under a 
     cooperative procurement contract under this subsection, a 
     State government shall comply with the policies and 
     procedures that apply to procurement by the State government 
     when using non-Federal funds, to the extent that the policies 
     and procedures are in conformance with applicable Federal 
     law.
       ``(3) Pilot program for nonprofit cooperative 
     procurements.--
       ``(A) Establishment.--The Secretary shall establish and 
     carry out a pilot program to demonstrate the effectiveness of 
     cooperative procurement contracts administered by nonprofit 
     entities.
       ``(B) Designation.--In carrying out the program under this 
     paragraph, the Secretary shall designate not less than 1 
     eligible nonprofit entity to enter into a cooperative 
     procurement contract under which the nonprofit entity acts 
     throughout the term of the contract as the lead nonprofit 
     entity.
       ``(C) Number of entities.--The Secretary may designate not 
     more than 3 geographically diverse eligible nonprofit 
     entities under subparagraph (B).
       ``(D) Notice of intent to participate.--At a time 
     determined appropriate by the lead nonprofit entity, each 
     participant in a cooperative procurement contract under this 
     paragraph shall submit to the lead nonprofit entity a 
     nonbinding notice of intent to participate.
       ``(c) Leasing Arrangements.--
       ``(1) Capital lease defined.--
       ``(A) In general.--In this subsection, the term `capital 
     lease' means any agreement under which a grantee acquires the 
     right to use rolling stock or related equipment for a 
     specified period of time, in exchange for a periodic payment.
       ``(B) Maintenance.--A capital lease may require that the 
     lessor provide maintenance of the rolling stock or related 
     equipment covered by the lease.
       ``(2) Program to support innovative leasing arrangements.--
       ``(A) Authority.--A grantee may use assistance provided 
     under this chapter to enter into a capital lease if--
       ``(i) the rolling stock or related equipment covered under 
     the lease is eligible for capital assistance under this 
     chapter; and
       ``(ii) there is or will be no Federal interest in the 
     rolling stock or related equipment covered under the lease as 
     of the date on which the lease takes effect.
       ``(B) Grantee requirements.--A grantee that enters into a 
     capital lease shall--
       ``(i) maintain an inventory of the rolling stock or related 
     equipment acquired under the lease; and
       ``(ii) maintain on the accounting records of the grantee 
     the liability of the grantee under the lease.
       ``(C) Eligible lease costs.--The costs for which a grantee 
     may use assistance under this chapter, with respect to a 
     capital lease, include--
       ``(i) the cost of the rolling stock or related equipment;
       ``(ii) associated financing costs, including interest, 
     legal fees, and financial advisor fees;
       ``(iii) ancillary costs such as delivery and installation 
     charges; and
       ``(iv) maintenance costs.
       ``(D) Terms.--A grantee shall negotiate the terms of any 
     lease agreement that the grantee enters into.
       ``(E) Applicability of procurement requirements.--
       ``(i) Lease requirements.--Part 639 of title 49, Code of 
     Federal Regulations, or any successor regulation, and 
     implementing guidance applicable to leasing shall not apply 
     to a capital lease.
       ``(ii) Buy america.--The requirements under section 5323(j) 
     shall apply to a capital lease.
       ``(3) Incentive program for capital leasing of rolling 
     stock.--
       ``(A) Authority.--The Secretary shall carry out an 
     incentive program for capital leasing of rolling stock 
     (referred to in this paragraph as the `program').
       ``(B) Selection of participants.--
       ``(i) In general.--The Secretary shall select not less than 
     6 grantees to participate in the program, which shall be--

       ``(I) geographically diverse; and
       ``(II) evenly distributed among grantees in accordance with 
     clause (ii).

       ``(ii) Population size.--In selecting an even distribution 
     of grantees under clause (i)(II), the Secretary shall select 
     not less than--

       ``(I) 2 grantees that serve rural areas;
       ``(II) 2 grantees that serve urbanized areas with a 
     population of fewer than 200,000 individuals, as determined 
     by the Bureau of the Census; and
       ``(III) 2 grantees that serve urbanized areas with a 
     population of 200,000 or more individuals, as determined by 
     the Bureau of the Census.

       ``(iii) Waiver.--The Secretary may waive a requirement 
     under clause (ii) if an insufficient number of eligible 
     grantees of a particular population size apply to participate 
     in the program.
       ``(C) Participant requirements.--
       ``(i) In general.--A grantee that participates in the 
     program shall--

       ``(I) enter into a capital lease for a period of not less 
     than 5 years; and
       ``(II) replace not less than \1/4\ of the grantee's fleet 
     through the capital lease.

       ``(ii) Vehicle requirements.--The vehicles replaced under 
     clause (i)(II), with respect to the fleet as constituted on 
     the day before the date on which the capital lease is entered 
     into, shall--

       ``(I) be the oldest vehicles in the fleet; or
       ``(II) produce the highest quantity of direct greenhouse 
     gas emissions relative to the other vehicles in the fleet, as 
     determined by the Administrator of the Environmental 
     Protection Agency.

       ``(iii) Waiver of federal interest requirements.--If a 
     grantee participating in the program seeks to replace 
     vehicles that have a remaining Federal interest, the 
     Secretary shall--

       ``(I) evaluate the economic and environmental benefits of 
     waiving the Federal interest, as demonstrated by the grantee;
       ``(II) if the grantee demonstrates a net economic or 
     environmental benefit, grant an early disposition of the 
     vehicles; and
       ``(III) publish each evaluation and final determination of 
     the Secretary under this clause in a conspicuous location on 
     the website of the Federal Transit Administration.

       ``(D) Participant benefit.--During the period during which 
     a capital lease described in subparagraph (C)(i)(I), entered 
     into by a grantee participating in the program, is in effect, 
     the limit on the Government share of operating expenses under 
     subsection (d)(2) of section 5307, subsection (d)(2) of 
     section 5310, or subsection (g)(2) of section 5311 shall not 
     apply with respect to any grant awarded to the grantee under 
     the applicable section.
       ``(E) Reporting requirement.--Not later than 3 years after 
     the date on which a grantee enters into a capital lease under 
     the program, the grantee shall submit to the Secretary a 
     report that contains--
       ``(i) an evaluation of the overall costs and benefits of 
     leasing rolling stock;
       ``(ii) a cost comparison of leasing versus buying rolling 
     stock;
       ``(iii) a comparison of the expected short-term and long-
     term maintenance costs of leasing versus buying rolling 
     stock; and
       ``(iv) a projected budget showing the changes in overall 
     operating and capital expenses due to the capital lease that 
     the grantee entered into under the program.
       ``(4) Incentive program for capital leasing of certain zero 
     emission vehicle components.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `removable power source'--

       ``(I) means a power source that is separately installed in, 
     and removable from, a zero emission vehicle; and
       ``(II) may include a battery, a fuel cell, an ultra-
     capacitor, or other advanced power source used in a zero 
     emission vehicle; and

       ``(ii) the term `zero emission vehicle' has the meaning 
     given the term in section 5339(c).
       ``(B) Leased power sources.--Notwithstanding any other 
     provision of law, for purposes of this subsection, the cost 
     of a removable power source that is necessary for the 
     operation of a zero emission vehicle shall not be treated as 
     part of the cost of the vehicle if the removable power source 
     is acquired using a capital lease.
       ``(C) Eligible capital lease.--A grantee may acquire a 
     removable power source by itself through a capital lease.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     53 of title 49, United States Code, is amended by inserting 
     after the item relating to section 5315 the following:

``5316. Innovative procurement.''.
       (2) Conforming amendment.--Section 5325(e)(2) of title 49, 
     United States Code, is amended by inserting after ``this 
     subsection'' the following: ``, section 5316,''.

     SEC. 21012. HUMAN RESOURCES AND TRAINING.

       Section 5322 of title 49, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), in the paragraph heading, by striking 
     ``Program established'' and inserting ``In general'';

[[Page H7449]]

       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Programs.--A program eligible for assistance under 
     subsection (a) shall--
       ``(A) provide skills training, on-the-job training, and 
     work-based learning;
       ``(B) offer career pathways that support the movement from 
     initial or short-term employment opportunities to sustainable 
     careers;
       ``(C) address current or projected workforce shortages;
       ``(D) replicate successful workforce development models; or
       ``(E) respond to such other workforce needs as the 
     Secretary determines appropriate.'';
       (D) in paragraph (3), as so redesignated--
       (i) in subparagraph (G), by striking ``and'' at the end;
       (ii) in subparagraph (H), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:

       ``(I) give priority to minorities, women, individuals with 
     disabilities, veterans, low-income populations, and other 
     underserved populations.''; and

       (E) by adding at the end the following:
       ``(4) Coordination.--A recipient of assistance under this 
     subsection shall--
       ``(A) identify the workforce needs and commensurate 
     training needs at the local level in coordination with 
     entities such as local employers, local public transportation 
     operators, labor union organizations, workforce development 
     boards, State workforce agencies, State apprenticeship 
     agencies (where applicable), university transportation 
     centers, community colleges, and community-based 
     organizations representing minorities, women, disabled 
     individuals, veterans, and low-income populations; and
       ``(B) to the extent practicable, conduct local training 
     programs in coordination with existing local training 
     programs supported by the Secretary, the Department of Labor 
     (including registered apprenticeship programs), and the 
     Department of Education.
       ``(5) Program outcomes.--A recipient of assistance under 
     this subsection shall demonstrate outcomes for any program 
     that includes skills training, on-the-job training, and work-
     based learning, including--
       ``(A) the impact on reducing public transportation 
     workforce shortages in the area served;
       ``(B) the diversity of training participants;
       ``(C) the number of participants obtaining certifications 
     or credentials required for specific types of employment;
       ``(D) employment outcomes, including job placement, job 
     retention, and wages, using performance metrics established 
     in consultation with the Secretary and the Secretary of Labor 
     and consistent with metrics used by programs under the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et 
     seq.); and
       ``(E) to the extent practical, evidence that the program 
     did not preclude workers who are participating in skills 
     training, on-the-job training, and work-based learning from 
     being referred to, or hired on, projects funded under this 
     chapter without regard to the length of time of their 
     participation in the program.''; and
       (2) in subsection (d), by striking paragraph (4) and 
     inserting the following:
       ``(4) Use for technical assistance.--The Secretary may use 
     not more than 1 percent of the amounts made available to 
     carry out this section to provide technical assistance for 
     activities and programs developed, conducted, and overseen 
     under this subsection.
       ``(5) Availability of amounts.--
       ``(A) In general.--Not more than 0.5 percent of the amounts 
     made available to a recipient under sections 5307, 5337, and 
     5339 is available for expenditure by the recipient, with the 
     approval of the Secretary, to pay not more than 80 percent of 
     the cost of eligible activities under this subsection.
       ``(B) Existing programs.--A recipient may use amounts made 
     available under paragraph (A) to carry out existing local 
     education and training programs for public transportation 
     employees supported by the Secretary, the Department of 
     Labor, or the Department of Education.''.

     SEC. 21013. GENERAL PROVISIONS.

       Section 5323 of title 49, United States Code, is amended--
       (1) in subsection (j)--
       (A) in paragraph (2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) when procuring rolling stock (including train 
     control, communication, and traction power equipment, and 
     rolling stock prototypes) under this chapter--
       ``(i) the cost of components and subcomponents produced in 
     the United States--

       ``(I) for fiscal years 2016 and 2017, is more than 60 
     percent of the cost of all components of the rolling stock;
       ``(II) for fiscal years 2018 and 2019, is more than 65 
     percent of the cost of all components of the rolling stock; 
     and
       ``(III) for fiscal year 2020 and each fiscal year 
     thereafter, is more than 70 percent of the cost of all 
     components of the rolling stock; and

       ``(ii) final assembly of the rolling stock has occurred in 
     the United States; or'';
       (B) by redesignating paragraphs (5) through (9) as 
     paragraphs (7) through (11), respectively;
       (C) by inserting after paragraph (4) the following:
       ``(5) Rolling stock frames or car shells.--In carrying out 
     paragraph (2)(C) in the case of a rolling stock procurement 
     receiving assistance under this chapter in which the average 
     cost of a rolling stock vehicle in the procurement is more 
     than $300,000, if rolling stock frames or car shells are not 
     produced in the United States, the Secretary shall include in 
     the calculation of the domestic content of the rolling stock 
     the cost of steel or iron used in the rolling stock frames or 
     car shells if--
       ``(A) all manufacturing processes for the steel or iron 
     occur in the United States; and
       ``(B) the amount of steel or iron used in the rolling stock 
     frames or car shells is significant.
       ``(6) Certification of domestic supply and disclosure.--
       ``(A) Certification of domestic supply.--If the Secretary 
     denies an application for a waiver under paragraph (2), the 
     Secretary shall provide to the applicant a written 
     certification that--
       ``(i) the steel, iron, or manufactured goods, as 
     applicable, (referred to in this subparagraph as the `item') 
     is produced in the United States in a sufficient and 
     reasonably available amount;
       ``(ii) the item produced in the United States is of a 
     satisfactory quality; and
       ``(iii) includes a list of known manufacturers in the 
     United States from which the item can be obtained.
       ``(B) Disclosure.--The Secretary shall disclose the waiver 
     denial and the written certification to the public in an 
     easily identifiable location on the website of the Department 
     of Transportation.'';
       (D) in paragraph (8), as so redesignated, by striking 
     ``Federal Public Transportation Act of 2012'' and inserting 
     ``Federal Public Transportation Act of 2015''; and
       (E) by inserting after paragraph (11), as so redesignated, 
     the following:
       ``(12) Production in united states.--For purposes of this 
     subsection, steel and iron may be considered produced in the 
     United States if all the manufacturing processes, except 
     metallurgical processes involving refinement of steel 
     additives, took place in the United States.
       ``(13) Definition of small purchase.--For purposes of 
     determining whether a purchase qualifies for a general public 
     interest waiver under paragraph (2)(A) of this subsection, 
     including under any regulation promulgated under that 
     paragraph, the term `small purchase' means a purchase of not 
     more than $150,000.'';
       (2) in subsection (q)(1), by striking the second sentence; 
     and
       (3) by adding at the end the following:
       ``(s) Value Capture Revenue Eligible for Local Share.--
     Notwithstanding any other provision of law, a recipient of 
     assistance under this chapter may use the revenue generated 
     from value capture financing mechanisms as local matching 
     funds for capital projects and operating costs eligible under 
     this chapter.
       ``(t) Value Engineering.--Nothing in this chapter shall be 
     construed to authorize the Secretary to mandate the use of 
     value engineering in projects funded under this chapter.''.

     SEC. 21014. PROJECT MANAGEMENT OVERSIGHT.

       Section 5327 of title 49, United States Code, is amended--
       (1) in subsection (c), by striking ``section 5338(i)'' and 
     inserting ``section 5338(h)''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``section 5338(i)'' and inserting ``section 
     5338(h)''; and
       (ii) by striking ``and'' at the end; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) a requirement that oversight--
       ``(A) begin during the project development phase of a 
     project, unless the Secretary finds it more appropriate to 
     begin the oversight during another phase of the project, to 
     maximize the transportation benefits and cost savings 
     associated with project management oversight; and
       ``(B) be limited to quarterly reviews of compliance by the 
     recipient with the project management plan approved under 
     subsection (b) unless the Secretary finds that the recipient 
     requires more frequent oversight because the recipient has, 
     for 2 consecutive quarterly reviews, failed to meet the 
     requirements of such plan and the project is at risk of going 
     over budget or becoming behind schedule; and
       ``(3) a process for recipients that the Secretary has found 
     require more frequent oversight to return to quarterly 
     reviews for purposes of paragraph (2)(B).''.

     SEC. 21015. PUBLIC TRANSPORTATION SAFETY PROGRAM.

       (a) In General.--Section 5329 of title 49, United States 
     Code, is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (C) by inserting after subparagraph (C) the following:
       ``(D) minimum safety standards to ensure the safe operation 
     of public transportation systems that--
       ``(i) are not related to performance standards for public 
     transportation vehicles developed under subparagraph (C); and
       ``(ii) to the extent practicable, take into consideration--

       ``(I) relevant recommendations of the National 
     Transportation Safety Board;
       ``(II) best practices standards developed by the public 
     transportation industry;
       ``(III) any minimum safety standards or performance 
     criteria being implemented across the public transportation 
     industry; and
       ``(IV) any additional information that the Secretary 
     determines necessary and appropriate; and'';

       (2) in subsection (f)(2), by inserting after ``public 
     transportation system of a recipient'' the following: ``or 
     the public transportation industry generally''; and
       (3) in subsection (g)(1), in the matter preceding 
     subparagraph (A), by striking ``an eligible State, as defined 
     in subsection (e),'' and inserting ``a recipient''.
       (b) Review of Public Transportation Safety Standards.--
       (1) Review required.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary

[[Page H7450]]

     shall commence a review of the safety standards and protocols 
     used in rail fixed guideway public transportation systems in 
     the United States that examines the efficacy of existing 
     standards and protocols.
       (B) Contents of review.--In conducting the review under 
     this paragraph, the Secretary shall review--
       (i) minimum safety performance standards developed by the 
     public transportation industry;
       (ii) safety performance standards, practices, or protocols 
     in use by rail fixed guideway public transportation systems, 
     including--

       (I) written emergency plans and procedures for passenger 
     evacuations;
       (II) training programs to ensure public transportation 
     personnel compliance and readiness in emergency situations;
       (III) coordination plans with local emergency responders 
     having jurisdiction over a rail fixed guideway public 
     transportation system, including--

       (aa) emergency preparedness training, drills, and 
     familiarization programs for those first responders; and
       (bb) the scheduling of regular field exercises to ensure 
     appropriate response and effective radio and public safety 
     communications;

       (IV) maintenance, testing, and inspection programs to 
     ensure the proper functioning of--

       (aa) tunnel, station, and vehicle ventilation systems;
       (bb) signal and train control systems, track, mechanical 
     systems, and other infrastructure; and
       (cc) other systems as necessary;

       (V) certification requirements for train and bus operators 
     and control center employees;
       (VI) consensus-based standards, practices, or protocols 
     available to the public transportation industry; and
       (VII) any other standards, practices, or protocols the 
     Secretary determines appropriate; and

       (iii) vehicle safety standards, practices, or protocols in 
     use by public transportation systems, concerning--

       (I) bus design and the workstation of bus operators, as it 
     relates to--

       (aa) the reduction of blindspots that contribute to 
     accidents involving pedestrians; and
       (bb) protecting bus operators from the risk of assault; and

       (II) scheduling fixed route bus service with adequate time 
     and access for operators to use restroom facilities.

       (2) Evaluation.--After conducting the review under 
     paragraph (1), the Secretary shall, in consultation with 
     representatives of the public transportation industry, 
     evaluate the need to establish Federal minimum public 
     transportation safety standards, including--
       (A) standards governing worker safety;
       (B) standards for the operation of signals, track, on-track 
     equipment, mechanical systems, and control systems; and
       (C) any other areas the Secretary, in consultation with the 
     public transportation industry, determines require further 
     evaluation.
       (3) Report.--Upon completing the review and evaluation 
     required under paragraphs (1) and (2), respectively, and not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary shall submit to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the of House of 
     Representatives a report that includes--
       (A) findings based on the review conducted under paragraph 
     (1);
       (B) the outcome of the evaluation conducted under paragraph 
     (2);
       (C) a comprehensive set of recommendations to improve the 
     safety of the public transportation industry, including 
     recommendations for legislative changes where applicable; and
       (D) actions that the Secretary will take to address the 
     recommendations provided under subparagraph (C), including, 
     if necessary, the establishment of Federal minimum public 
     transportation safety standards.

     SEC. 21016. STATE OF GOOD REPAIR GRANTS.

       Section 5337 of title 49, United States Code, is amended--
       (1) in subsection (c)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Of the amount authorized or made 
     available for a fiscal year under section 5338(a)(2)(L)--
       ``(A) $100,000,000 shall be made available in accordance 
     with this subsection; and
       ``(B) 97.15 percent of the remainder shall be apportioned 
     to recipients in accordance with this subsection.''; and
       (B) in paragraph (2)(B), by inserting ``the provisions of'' 
     before ``section 5336(b)(1)'';
       (2) in subsection (d)--
       (A) in paragraph (2), by striking ``section 5338(a)(2)(I), 
     2.85 percent'' and inserting ``section 5338(a)(2)(L), the 
     remainder after the application of subsection (c)(1)''; and
       (B) by adding at the end the following:
       ``(5) Use of funds.--Amounts apportioned under this 
     subsection may be used for any project that is an eligible 
     project under subsection (b)(1).''; and
       (3) by adding at the end the following:
       ``(e) Government Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be for 80 percent of the net project 
     cost of the project. The recipient may provide additional 
     local matching amounts.
       ``(2) Remaining costs.--The remainder of the net project 
     costs shall be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, or new 
     capital.''.

     SEC. 21017. AUTHORIZATIONS.

       Section 5338 of title 49, United States Code, as amended by 
     division G, is amended to read as follows:

     ``Sec. 5338. Authorizations

       ``(a) Grants.--
       ``(1) In general.--There shall be available from the Mass 
     Transit Account of the Highway Trust Fund to carry out 
     sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5322(b), 
     5322(d), 5335, 5337, 5339, and 5340, section 20005(b) of the 
     Federal Public Transportation Act of 2012, and section 
     21007(b) of the Federal Public Transportation Act of 2015--
       ``(A) $9,184,747,400 for fiscal year 2016;
       ``(B) $9,380,039,349 for fiscal year 2017;
       ``(C) $9,685,745,744 for fiscal year 2018;
       ``(D) $10,101,051,238 for fiscal year 2019;
       ``(E) $10,351,763,806 for fiscal year 2020; and
       ``(F) $10,609,442,553 for fiscal year 2021.
       ``(2) Allocation of funds.--Of the amounts made available 
     under paragraph (1)--
       ``(A) $132,020,000 for fiscal year 2016, $134,934,342 for 
     fiscal year 2017, $138,004,098 for fiscal year 2018, 
     $141,328,616 for fiscal year 2019, $144,893,631 for fiscal 
     year 2020, and $148,557,701 for fiscal year 2021 shall be 
     available to carry out section 5305;
       ``(B) $10,000,000 for each of fiscal years 2016 through 
     2021 shall be available to carry out section 20005(b) of the 
     Federal Public Transportation Act of 2012;
       ``(C) $4,538,905,700 for fiscal year 2016, $4,639,102,043 
     for fiscal year 2017, $4,794,641,615 for fiscal year 2018, 
     $4,975,879,158 for fiscal year 2019, $5,101,395,710 for 
     fiscal year 2020, and $5,230,399,804 for fiscal year 2021 
     shall be allocated in accordance with section 5336 to provide 
     financial assistance for urbanized areas under section 5307;
       ``(D) $263,466,000 for fiscal year 2016, $269,282,012 for 
     fiscal year 2017, $275,408,178 for fiscal year 2018, 
     $288,264,292 for fiscal year 2019, $295,535,759 for fiscal 
     year 2020, and $303,009,267 for fiscal year 2021 shall be 
     available to provide financial assistance for services for 
     the enhanced mobility of seniors and individuals with 
     disabilities under section 5310;
       ``(E) $2,000,000 for each of fiscal years 2016 through 2021 
     shall be available for the pilot program for innovative 
     coordinated access and mobility under section 21007(b) of the 
     Federal Public Transportation Act of 2015;
       ``(F) $619,956,000 for fiscal year 2016, $633,641,529 for 
     fiscal year 2017, $648,056,873 for fiscal year 2018, 
     $678,308,311 for fiscal year 2019, $695,418,638 for fiscal 
     year 2020, and $713,004,385 for fiscal year 2021 shall be 
     available to provide financial assistance for rural areas 
     under section 5311, of which not less than--
       ``(i) $35,000,000 for each of fiscal years 2016 through 
     2021 shall be available to carry out section 5311(c)(1); and
       ``(ii) $20,000,000 for each of fiscal years 2016 through 
     2021 shall be available to carry out section 5311(c)(2);
       ``(G) $30,000,000 for each of fiscal years 2016 through 
     2021 shall be available to carry out section 5312, of which--
       ``(i) $5,000,000 for each of fiscal years 2016 through 2021 
     shall be available to carry out section 5312(e); and
       ``(ii) $5,000,000 for each of fiscal years 2016 through 
     2021 shall be available to carry out section 5312(h);
       ``(H) $4,000,000 for each of fiscal years 2016 through 2021 
     shall be available to carry out section 5314;
       ``(I) $3,000,000 for each of fiscal years 2016 through 2021 
     shall be available for bus testing under section 5318;
       ``(J) $5,000,000 for each of fiscal years 2016 through 2021 
     shall be available for the national transit institute under 
     section 5322(d);
       ``(K) $4,000,000 for each of fiscal years 2016 through 2021 
     shall be available to carry out section 5335;
       ``(L) $2,428,342,500 for fiscal year 2016, $2,479,740,661 
     for fiscal year 2017, $2,533,879,761 for fiscal year 2018, 
     $2,592,511,924 for fiscal year 2019, $2,655,385,537 for 
     fiscal year 2020, and $2,720,006,127 for fiscal year 2021 
     shall be available to carry out section 5337;
       ``(M) $430,794,600 for fiscal year 2016, $440,304,391 for 
     fiscal year 2017, $495,321,316 for fiscal year 2018, 
     $585,851,498 for fiscal year 2019, $605,422,352 for fiscal 
     year 2020, and $625,536,993 for fiscal year 2021 shall be 
     available for the bus and bus facilities program under 
     section 5339(a);
       ``(N) $180,000,000 for each of fiscal years 2016 and 2017, 
     $185,000,000 for fiscal year 2018, and $190,000,000 for each 
     of fiscal years 2019 through 2021 shall be available for bus 
     and bus facilities competitive grants under section 5339(b) 
     and no or low emission grants under section 5339(c), of which 
     $55,000,000 for each of fiscal years 2016 through 2021 shall 
     be available to carry out section 5339(c);
       ``(O) $533,262,600 for fiscal year 2016, $545,034,372 for 
     fiscal year 2017, $557,433,904 for fiscal year 2018, 
     $586,907,438 for fiscal year 2019, $601,712,178 for fiscal 
     year 2020, and $616,928,276 for fiscal year 2021 shall be 
     allocated in accordance with section 5340 to provide 
     financial assistance for urbanized areas under section 5307 
     and rural areas under section 5311; and
       ``(P) $4,000,000 for each of fiscal years 2019 through 2021 
     shall be available to carry out section 5322(b).
       ``(b) Research, Development, Demonstration, and Deployment 
     Program.--There are authorized to be appropriated to carry 
     out section 5312, other than subsections (e) and (h) of that 
     section, $20,000,000 for each of fiscal years 2016 through 
     2021.
       ``(c) Technical Assistance and Standards Development.--
     There are authorized to be appropriated to carry out section 
     5314, $7,000,000 for each of fiscal years 2016 through 2021.
       ``(d) Human Resources and Training.--There are authorized 
     to be appropriated to carry out subsections (a), (b), (c), 
     and (e) of section 5322, $5,000,000 for each of fiscal years 
     2016 through 2021.
       ``(e) Emergency Relief Program.--There are authorized to be 
     appropriated such sums as are necessary to carry out section 
     5324.

[[Page H7451]]

       ``(f) Capital Investment Grants.--There are authorized to 
     be appropriated to carry out section 5309 of this title and 
     section 21006(b) of the Federal Public Transportation Act of 
     2015, $2,301,785,760 for fiscal year 2016, $2,352,597,681 for 
     fiscal year 2017, $2,406,119,278 for fiscal year 2018, 
     $2,464,082,691 for fiscal year 2019, $2,526,239,177 for 
     fiscal year 2020, and $2,590,122,713 for fiscal year 2021, of 
     which $276,214,291 for fiscal year 2016, $282,311,722 for 
     fiscal year 2017, $288,734,313 for fiscal year 2018, 
     $295,689,923 for fiscal year 2019, $303,148,701 for fiscal 
     year 2020, and $310,814,726 for fiscal year 2021 shall be 
     available to carry out section 21006(b) of the Federal Public 
     Transportation Act of 2015.
       ``(g) Administration.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out section 5334, $115,016,543 for fiscal year 2016, 
     $117,555,533 for fiscal year 2017, $120,229,921 for fiscal 
     year 2018, $123,126,260 for fiscal year 2019, $126,232,120 
     for fiscal year 2020, and $129,424,278 for fiscal year 2021.
       ``(2) Section 5329.--Of the amounts authorized to be 
     appropriated under paragraph (1), not less than $8,000,000 
     for each of fiscal years 2016 through 2021 shall be available 
     to carry out section 5329.
       ``(3) Section 5326.--Of the amounts made available under 
     paragraph (2), not less than $2,000,000 for each of fiscal 
     years 2016 through 2021 shall be available to carry out 
     section 5326.
       ``(h) Oversight.--
       ``(1) In general.--Of the amounts made available to carry 
     out this chapter for a fiscal year, the Secretary may use not 
     more than the following amounts for the activities described 
     in paragraph (2):
       ``(A) 0.5 percent of amounts made available to carry out 
     section 5305.
       ``(B) 0.75 percent of amounts made available to carry out 
     section 5307.
       ``(C) 1 percent of amounts made available to carry out 
     section 5309.
       ``(D) 1 percent of amounts made available to carry out 
     section 601 of the Passenger Rail Investment and Improvement 
     Act of 2008 (Public Law 110-432; 126 Stat. 4968).
       ``(E) 0.5 percent of amounts made available to carry out 
     section 5310.
       ``(F) 0.5 percent of amounts made available to carry out 
     section 5311.
       ``(G) 1 percent of amounts made available to carry out 
     section 5337, of which not less than 0.25 percent shall be 
     available to carry out section 5329.
       ``(H) 0.75 percent of amounts made available to carry out 
     section 5339.
       ``(2) Activities.--The activities described in this 
     paragraph are as follows:
       ``(A) Activities to oversee the construction of a major 
     capital project.
       ``(B) Activities to review and audit the safety and 
     security, procurement, management, and financial compliance 
     of a recipient or subrecipient of funds under this chapter.
       ``(C) Activities to provide technical assistance generally, 
     and to provide technical assistance to correct deficiencies 
     identified in compliance reviews and audits carried out under 
     this section.
       ``(3) Government share of costs.--The Government shall pay 
     the entire cost of carrying out a contract under this 
     subsection.
       ``(4) Availability of certain funds.--Funds made available 
     under paragraph (1)(C) shall be made available to the 
     Secretary before allocating the funds appropriated to carry 
     out any project under a full funding grant agreement.
       ``(i) Grants as Contractual Obligations.--
       ``(1) Grants financed from highway trust fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts made available from the Mass Transit Account of the 
     Highway Trust Fund pursuant to this section is a contractual 
     obligation of the Government to pay the Government share of 
     the cost of the project.
       ``(2) Grants financed from general fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts appropriated in advance from the General Fund of the 
     Treasury pursuant to this section is a contractual obligation 
     of the Government to pay the Government share of the cost of 
     the project only to the extent that amounts are appropriated 
     for such purpose by an Act of Congress.
       ``(j) Availability of Amounts.--Amounts made available by 
     or appropriated under this section shall remain available 
     until expended.''.

     SEC. 21018. GRANTS FOR BUS AND BUS FACILITIES.

       (a) In General.--Chapter 53 of title 49, United States 
     Code, as amended by division G, is amended by striking 
     section 5339 and inserting the following:

     ``Sec. 5339. Grants for bus and bus facilities

       ``(a) Formula Grants.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `low or no emission vehicle' has the meaning 
     given that term in subsection (c)(1);
       ``(B) the term `State' means a State of the United States; 
     and
       ``(C) the term `territory' means the District of Columbia, 
     Puerto Rico, the Northern Mariana Islands, Guam, American 
     Samoa, and the United States Virgin Islands.
       ``(2) General authority.--The Secretary may make grants 
     under this subsection to assist eligible recipients described 
     in paragraph (4)(A) in financing capital projects--
       ``(A) to replace, rehabilitate, and purchase buses and 
     related equipment, including technological changes or 
     innovations to modify low or no emissions vehicles or 
     facilities; and
       ``(B) to construct bus-related facilities.
       ``(3) Grant requirements.--The requirements of--
       ``(A) section 5307 shall apply to recipients of grants made 
     in urbanized areas under this subsection; and
       ``(B) section 5311 shall apply to recipients of grants made 
     in rural areas under this subsection.
       ``(4) Eligible recipients and subrecipients.--
       ``(A) Recipients.--Eligible recipients under this 
     subsection are--
       ``(i) designated recipients that allocate funds to fixed 
     route bus operators; or
       ``(ii) State or local governmental entities that operate 
     fixed route bus service.
       ``(B) Subrecipients.--A recipient that receives a grant 
     under this subsection may allocate amounts of the grant to 
     subrecipients that are public agencies or private nonprofit 
     organizations engaged in public transportation.
       ``(5) Distribution of grant funds.--Funds allocated under 
     section 5338(a)(2)(M) shall be distributed as follows:
       ``(A) National distribution.--$103,000,000 for each of 
     fiscal years 2016 through 2021 shall be allocated to all 
     States and territories, with each State receiving $2,000,000 
     for each such fiscal year and each territory receiving 
     $500,000 for each such fiscal year.
       ``(B) Distribution using population and service factors.--
     The remainder of the funds not otherwise distributed under 
     subparagraph (A) shall be allocated pursuant to the formula 
     set forth in section 5336 other than subsection (b).
       ``(6) Transfers of apportionments.--
       ``(A) Transfer flexibility for national distribution 
     funds.--The Governor of a State may transfer any part of the 
     State's apportionment under paragraph (5)(A) to supplement 
     amounts apportioned to the State under section 5311(c) of 
     this title or amounts apportioned to urbanized areas under 
     subsections (a) and (c) of section 5336 of this title.
       ``(B) Transfer flexibility for population and service 
     factors funds.--The Governor of a State may expend in an 
     urbanized area with a population of less than 200,000 any 
     amounts apportioned under paragraph (5)(B) that are not 
     allocated to designated recipients in urbanized areas with a 
     population of 200,000 or more.
       ``(7)  Government share of costs.--
       ``(A) Capital projects.--A grant for a capital project 
     under this subsection shall be for 80 percent of the net 
     capital costs of the project. A recipient of a grant under 
     this subsection may provide additional local matching 
     amounts.
       ``(B) Remaining costs.--The remainder of the net project 
     cost shall be provided--
       ``(i) in cash from non-Government sources other than 
     revenues from providing public transportation services;
       ``(ii) from revenues derived from the sale of advertising 
     and concessions;
       ``(iii) from an undistributed cash surplus, a replacement 
     or depreciation cash fund or reserve, or new capital;
       ``(iv) from amounts received under a service agreement with 
     a State or local social service agency or private social 
     service organization; or
       ``(v) from revenues generated from value capture financing 
     mechanisms.
       ``(8) Period of availability to recipients.--Amounts made 
     available under this subsection may be obligated by a 
     recipient for 3 fiscal years after the fiscal year in which 
     the amount is apportioned. Not later than 30 days after the 
     end of the 3-fiscal-year period described in the preceding 
     sentence, any amount that is not obligated on the last day of 
     that period shall be added to the amount that may be 
     apportioned under this subsection in the next fiscal year.
       ``(b) Bus and Bus Facilities Competitive Grants.--
       ``(1) In general.--The Secretary may make grants under this 
     subsection to designated recipients to assist in the 
     financing of bus and bus facilities capital projects, 
     including--
       ``(A) replacing, rehabilitating, purchasing, or leasing 
     buses or related equipment; and
       ``(B) rehabilitating, purchasing, constructing, or leasing 
     bus-related facilities.
       ``(2) Grant considerations.--In making grants under this 
     subsection, the Secretary shall consider the age and 
     condition of buses, bus fleets, related equipment, and bus-
     related facilities.
       ``(3) Statewide applications.--A State may submit a 
     statewide application on behalf of a public agency or private 
     nonprofit organization engaged in public transportation in 
     rural areas or other areas for which the State allocates 
     funds. The submission of a statewide application shall not 
     preclude the submission and consideration of any application 
     under this subsection from other eligible recipients in an 
     urbanized area in a State.
       ``(4) Requirements for the secretary.--The Secretary 
     shall--
       ``(A) disclose all metrics and evaluation procedures to be 
     used in considering grant applications under this subsection 
     upon issuance of the notice of funding availability in the 
     Federal Register; and
       ``(B) publish a summary of final scores for selected 
     projects, metrics, and other evaluations used in awarding 
     grants under this subsection in the Federal Register.
       ``(5) Rural projects.--Not less 10 percent of the amounts 
     made available under this subsection in a fiscal year shall 
     be distributed to projects in rural areas.
       ``(6) Grant requirements.--
       ``(A) In general.--A grant under this subsection shall be 
     subject to the requirements of--
       ``(i) section 5307 for recipients of grants made in 
     urbanized areas; and
       ``(ii) section 5311 for recipients of grants made in rural 
     areas.
       ``(B) Government share of costs.--The Government share of 
     the cost of an eligible project carried out under this 
     subsection shall not exceed 80 percent.
       ``(7) Availability of funds.--Any amounts made available to 
     carry out this subsection--
       ``(A) shall remain available for 2 fiscal years after the 
     fiscal year for which the amount is made available; and

[[Page H7452]]

       ``(B) that remain unobligated at the end of the period 
     described in subparagraph (A) shall be added to the amount 
     made available to an eligible project in the following fiscal 
     year.
       ``(8) Limitation.--Of the amounts made available under this 
     subsection, not more than 15 percent may be awarded to a 
     single grantee.
       ``(c) Low or No Emission Grants.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `direct carbon emissions' means the quantity 
     of direct greenhouse gas emissions from a vehicle, as 
     determined by the Administrator of the Environmental 
     Protection Agency;
       ``(B) the term `eligible project' means a project or 
     program of projects in an eligible area for--
       ``(i) acquiring low or no emission vehicles;
       ``(ii) leasing low or no emission vehicles;
       ``(iii) acquiring low or no emission vehicles with a leased 
     power source;
       ``(iv) constructing facilities and related equipment for 
     low or no emission vehicles;
       ``(v) leasing facilities and related equipment for low or 
     no emission vehicles;
       ``(vi) constructing new public transportation facilities to 
     accommodate low or no emission vehicles; or
       ``(vii) rehabilitating or improving existing public 
     transportation facilities to accommodate low or no emission 
     vehicles;
       ``(C) the term `leased power source' means a removable 
     power source, as defined in paragraph (4)(A) of section 
     5316(c), that is made available through a capital lease under 
     that section;
       ``(D) the term `low or no emission bus' means a bus that is 
     a low or no emission vehicle;
       ``(E) the term `low or no emission vehicle' means--
       ``(i) a passenger vehicle used to provide public 
     transportation that the Secretary determines sufficiently 
     reduces energy consumption or harmful emissions, including 
     direct carbon emissions, when compared to a comparable 
     standard vehicle; or
       ``(ii) a zero emission vehicle used to provide public 
     transportation;
       ``(F) the term `recipient' means a designated recipient, a 
     local governmental authority, or a State that receives a 
     grant under this subsection for an eligible project; and
       ``(G) the term `zero emission vehicle' means a low or no 
     emission vehicle that produces no carbon or particulate 
     matter.
       ``(2) General authority.--The Secretary may make grants to 
     recipients to finance eligible projects under this 
     subsection.
       ``(3) Grant requirements.--
       ``(A) In general.--A grant under this subsection shall be 
     subject to the requirements of section 5307.
       ``(B) Government share of costs for certain projects.--
     Section 5323(i) applies to eligible projects carried out 
     under this subsection, unless the recipient requests a lower 
     grant percentage.
       ``(C) Combination of funding sources.--
       ``(i) Combination permitted.--An eligible project carried 
     out under this subsection may receive funding under section 
     5307 or any other provision of law.
       ``(ii) Government share.--Nothing in this subparagraph 
     shall be construed to alter the Government share required 
     under paragraph (7), section 5307, or any other provision of 
     law.
       ``(4) Competitive process.--The Secretary shall--
       ``(A) not later than 30 days after the date on which 
     amounts are made available for obligation under this 
     subsection for a full fiscal year, solicit grant applications 
     for eligible projects on a competitive basis; and
       ``(B) award a grant under this subsection based on the 
     solicitation under subparagraph (A) not later than the 
     earlier of--
       ``(i) 75 days after the date on which the solicitation 
     expires; or
       ``(ii) the end of the fiscal year in which the Secretary 
     solicited the grant applications.
       ``(5) Consideration.--In awarding grants under this 
     subsection, the Secretary shall only consider eligible 
     projects relating to the acquisition or leasing of low or no 
     emission buses that--
       ``(A) make greater reductions in energy consumption and 
     harmful emissions, including direct carbon emissions, than 
     comparable standard buses or other low or no emission buses; 
     and
       ``(B) are part of a long-term integrated fleet management 
     plan for the recipient.
       ``(6) Availability of funds.--Any amounts made available to 
     carry out this subsection--
       ``(A) shall remain available to an eligible project for 2 
     fiscal years after the fiscal year for which the amount is 
     made available; and
       ``(B) that remain unobligated at the end of the period 
     described in subparagraph (A) shall be added to the amount 
     made available to an eligible project in the following fiscal 
     year.
       ``(7) Government share of costs.--
       ``(A) In general.--The Federal share of the cost of an 
     eligible project carried out under this subsection shall not 
     exceed 80 percent.
       ``(B) Non-federal share.--The non-Federal share of the cost 
     of an eligible project carried out under this subsection may 
     be derived from in-kind contributions.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 53 of title 49, United States Code, is 
     amended by striking the item relating to section 5339 and 
     inserting the following:

``5339. Grants for bus and bus facilities.''.

     SEC. 21019. SALARY OF FEDERAL TRANSIT ADMINISTRATOR.

       (a) In General.--Section 5313 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Federal Transit Administrator.''.
       (b) Conforming Amendment.--Section 5314 of title 5, United 
     States Code, is amended by striking ``Federal Transit 
     Administrator.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first pay period 
     beginning on or after the first day of the first fiscal year 
     beginning after the date of enactment of this Act.

     SEC. 21020. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Chapter 53 of Title 49, United States Code.--
       (1) In general.--Chapter 53 of title 49, United States 
     Code, is amended--
       (A) by striking section 5319;
       (B) in section 5325--
       (i) in subsection (e)(2), by striking ``at least two''; and
       (ii) in subsection (h), by striking ``Federal Public 
     Transportation Act of 2012'' and inserting ``Federal Public 
     Transportation Act of 2015'';
       (C) in section 5336--
       (i) in subsection (a), by striking ``subsection (h)(4)'' 
     and inserting ``subsection (h)(5)''; and
       (ii) in subsection (h), as amended by division G--

       (I) by striking paragraph (1) and inserting the following:

       ``(1) $30,000,000 for each fiscal year shall be set aside 
     to carry out section 5307(h);''; and

       (II) in paragraph (3), by striking ``1.5 percent'' and 
     inserting ``2 percent''; and

       (D) in section 5340(b), by striking ``section 
     5338(b)(2)(M)'' and inserting ``section 5338(a)(2)(O)''.
       (2) Table of sections.--The table of sections for chapter 
     53 of title 49, United States Code, is amended by striking 
     the item relating to section 5319 and inserting the 
     following:

``[5319. Repealed.]''.
       (b) Chapter 105 of Title 49, United States Code.--Section 
     10501(c) of title 49, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)(i), by striking ``section 5302(a)'' 
     and inserting ``section 5302''; and
       (B) in subparagraph (B)--
       (i) by striking ``mass transportation'' and inserting 
     ``public transportation''; and
       (ii) by striking ``section 5302(a)'' and inserting 
     ``section 5302''; and
       (2) in paragraph (2)(A), by striking ``mass 
     transportation'' and inserting ``public transportation''.

DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF 
                                  2015

     SEC. 31001. SHORT TITLE.

       This division may be cited as the ``Comprehensive 
     Transportation and Consumer Protection Act of 2015.''

     SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, wherever in this 
     division an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 31003. EFFECTIVE DATE.

       Subtitle A of title XXXII, sections 33103, 34101(g), 34105, 
     34106, 34107, 34133, 34141, 34202, 34203, 34204, 34205, 
     34206, 34207, 34208, 34211, 34212, 34213, 34214, 34215, 
     subtitles C and D of title XXXIV, and title XXXV take effect 
     on the date of enactment of this Act.

                  TITLE XXXI--OFFICE OF THE SECRETARY

               Subtitle A--Accelerating Project Delivery

     SEC. 31101. DELEGATION OF AUTHORITY.

       (a) In General.--Chapter 1 is amended by adding at the end 
     the following:

     ``Sec. 116. Administrations; acting officers

       ``No person designated to serve as the acting head of an 
     administration in the department of transportation under 
     section 3345 of title 5 may continue to perform the functions 
     and duties of the office if the time limitations in section 
     3346 of that title would prevent the person from continuing 
     to serve in a formal acting capacity.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 1 is amended by inserting after the item relating to 
     section 115 the following:

``116. Administrations; acting officers.''.
       (c) Application.--The amendment under subsection (a) shall 
     apply to any applicable office with a position designated for 
     a Senate confirmed official.

     SEC. 31102. INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.

       (a) In General.--Subchapter I of chapter 3, as amended by 
     sections 31104 and 31106 of this Act, is further amended by 
     adding after section 311 the following:

     ``Sec. 312. Interagency Infrastructure Permitting Improvement 
       Center

       ``(a) In General.--There is established in the Office of 
     the Secretary an Interagency Infrastructure Permitting 
     Improvement Center (referred to in this section as the 
     `Center').
       ``(b) Roles and Responsibilities.--
       ``(1) Governance.--The Center shall report to the chair of 
     the Steering Committee described in paragraph (2) to ensure 
     that the perspectives of all member agencies are represented.
       ``(2) Infrastructure permitting steering committee.--An 
     Infrastructure Permitting Steering Committee (referred to in 
     this section as the `Steering Committee') is established to 
     oversee the work of the Center. The Steering Committee shall 
     be chaired by the Federal Chief Performance Officer in 
     consultation with the Chair of the Council on Environmental 
     Quality and shall be comprised of Deputy-level 
     representatives from the following departments and agencies:
       ``(A) The Department of Defense.
       ``(B) The Department of the Interior.
       ``(C) The Department of Agriculture.

[[Page H7453]]

       ``(D) The Department of Commerce.
       ``(E) The Department of Transportation.
       ``(F) The Department of Energy.
       ``(G) The Department of Homeland Security.
       ``(H) The Environmental Protection Agency.
       ``(I) The Advisory Council on Historic Preservation.
       ``(J) The Department of the Army.
       ``(K) The Department of Housing and Urban Development.
       ``(L) Other agencies the Chair of the Steering Committee 
     invites to participate.
       ``(3) Activities.--The Center shall support the Chair of 
     the Steering Committee and undertake the following:
       ``(A) Coordinate and support implementation of priority 
     reform actions for Federal agency permitting and reviews for 
     areas as defined and identified by the Steering Committee.
       ``(B) Support modernization efforts at Federal agencies and 
     interagency pilots for innovative approaches to the 
     permitting and review of infrastructure projects.
       ``(C) Provide technical assistance and training to field 
     and headquarters staff of Federal agencies on policy changes, 
     innovative approaches to project delivery, and other topics 
     as appropriate.
       ``(D) Identify, develop, and track metrics for timeliness 
     of permit reviews, permit decisions, and project outcomes.
       ``(E) Administer and expand the use of online transparency 
     tools providing for--
       ``(i) tracking and reporting of metrics;
       ``(ii) development and posting of schedules for permit 
     reviews and permit decisions; and
       ``(iii) sharing of best practices related to efficient 
     project permitting and reviews.
       ``(F) Provide reporting to the President on progress toward 
     achieving greater efficiency in permitting decisions and 
     review of infrastructure projects and progress toward 
     achieving better outcomes for communities and the 
     environment.
       ``(G) Meet not less frequently than annually with groups or 
     individuals representing State, Tribal, and local governments 
     that are engaged in the infrastructure permitting process.
       ``(4) Infrastructure sectors covered.--The Center shall 
     support process improvements in the permitting and review of 
     infrastructure projects in the following sectors:
       ``(A) Surface transportation.
       ``(B) Aviation.
       ``(C) Ports and waterways.
       ``(D) Water resource projects.
       ``(E) Renewable energy generation.
       ``(F) Electricity transmission.
       ``(G) Broadband.
       ``(H) Pipelines.
       ``(I) Other sectors, as determined by the Steering 
     Committee.
       ``(c) Performance Measures.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Comprehensive Transportation and Consumer 
     Protection Act of 2015, the Secretary, in coordination with 
     the heads of other Federal agencies on the Steering Committee 
     with responsibility for the review and approval of 
     infrastructure projects sectors described in subsection 
     (b)(4), shall evaluate and report on--
       ``(A) the progress made toward aligning Federal reviews of 
     such projects and the improvement of project delivery 
     associated with those projects; and
       ``(B) the effectiveness of the Center in achieving 
     reduction of permitting time and project delivery time.
       ``(2) Performance targets.--Not later than 180 days after 
     the date on which the Secretary of Transportation establishes 
     performance measures in accordance with paragraph (1), the 
     Secretary shall establish performance targets relating to 
     each of the measures and standards described in subparagraphs 
     (A) and (B) of paragraph (1).
       ``(3) Report to congress.--Not later than 2 years after the 
     date of enactment of the Comprehensive Transportation and 
     Consumer Protection Act of 2015 and biennially thereafter, 
     the Secretary shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives that describes--
       ``(A) the results of the evaluation conducted under 
     paragraph (1); and
       ``(B) the progress towards achieving the targets 
     established under paragraph (2).
       ``(4) Inspector general report.--Not later than 3 years 
     after the date of enactment of the Comprehensive 
     Transportation and Consumer Protection Act of 2015, the 
     Inspector General of the Department of Transportation shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes--
       ``(A) the results of the evaluation conducted under 
     paragraph (1); and
       ``(B) the progress towards achieving the targets 
     established under paragraph (2).''.
       (b) Conforming Amendment.--The table of contents of chapter 
     3, as amended by sections 31104 and 31106 of this Act, is 
     further amended by inserting after the item relating to 
     section 311 the following:

``312. Interagency Infrastructure Permitting Improvement Center.''.

     SEC. 31103. ACCELERATED DECISION-MAKING IN ENVIRONMENTAL 
                   REVIEWS.

       (a) In General.--Subchapter I of chapter 3 is amended by 
     inserting after section 304 the following:

     ``Sec. 304a. Accelerated decision-making in environmental 
       reviews

       ``(a) In General.--In preparing a final environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), if the Department of 
     Transportation, when acting as lead agency, modifies the 
     statement in response to comments that are minor and are 
     confined to factual corrections or explanations of why the 
     comments do not warrant additional Departmental response, the 
     Department may write on errata sheets attached to the 
     statement instead of rewriting the draft statement, subject 
     to the condition that the errata sheets--
       ``(1) cite the sources, authorities, or reasons that 
     support the position of the Department; and
       ``(2) if appropriate, indicate the circumstances that would 
     trigger Departmental reappraisal or further response.
       ``(b) Incorporation.--To the maximum extent practicable, 
     the Department shall expeditiously develop a single document 
     that consists of a final environmental impact statement and a 
     record of decision, unless--
       ``(1) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       ``(2) there are significant new circumstances or 
     information relevant to environmental concerns and that bear 
     on the proposed action or the impacts of the proposed 
     action.''.
       (b) Conforming Amendment.--The table of contents of chapter 
     3 is amended by inserting after the item relating to section 
     304 the following:

``304a. Accelerated decision-making in environmental reviews.''.

     SEC. 31104. ENVIRONMENTAL REVIEW ALIGNMENT AND REFORM.

       (a) In General.--Subchapter I of chapter 3 is amended by 
     inserting after section 309 the following:

     ``Sec. 310. Aligning Federal environmental reviews

       ``(a) Coordinated and Concurrent Environmental Reviews.--
     Not later than 1 year after the date of enactment of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015, the Department of Transportation, in coordination with 
     the Steering Committee described in section 312 of this 
     title, shall develop a coordinated and concurrent 
     environmental review and permitting process for 
     transportation projects when initiating an environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) (referred to in this section 
     as `NEPA'). The coordinated and concurrent environmental 
     review and permitting process shall--
       ``(1) ensure that the Department of Transportation and 
     Federal agencies of jurisdiction possess sufficient 
     information early in the review process to determine a 
     statement of a transportation project's purpose and need and 
     range of alternatives for analysis that the lead agency and 
     agencies of jurisdiction will rely upon for concurrent 
     environmental reviews and permitting decisions required for 
     the proposed project;
       ``(2) achieve early concurrence or issue resolution during 
     the NEPA scoping process on the Department of 
     Transportation's statement of a project's purpose and need 
     and during development of the environmental impact statement 
     on the range of alternatives for analysis that the lead 
     agency and agencies of jurisdiction will rely upon for 
     concurrent environmental reviews and permitting decisions 
     required for the proposed project absent circumstances that 
     require reconsideration in order to meet an agency of 
     jurisdiction's legal obligations; and
       ``(3) achieve concurrence or issue resolution in an 
     expedited manner if circumstances arise that require a 
     reconsideration of the purpose and need or range of 
     alternatives considered during any Federal agency's 
     environmental or permitting review in order to meet an agency 
     of jurisdiction's legal obligations.
       ``(b) Environmental Checklist.--The Secretary of 
     Transportation and Federal agencies of jurisdiction likely to 
     have substantive review or approval responsibilities on 
     transportation projects, not later than 90 days after the 
     date of enactment of the Comprehensive Transportation and 
     Consumer Protection Act of 2015, shall jointly develop a 
     checklist to help project sponsors identify potential 
     natural, cultural, and historic resources in the area of a 
     proposed project. The purpose of the checklist is--
       ``(1) to identify agencies of jurisdiction and cooperating 
     agencies,
       ``(2) to develop the information needed for the purpose and 
     need and alternatives for analysis; and
       ``(3) to improve interagency collaboration to help expedite 
     the permitting process for the lead agency and Federal 
     agencies of jurisdiction.
       ``(c) Interagency Collaboration.--Consistent with Federal 
     environmental statutes and the priority reform actions for 
     Federal agency permitting and reviews defined and identified 
     by the Steering Committee established under section 312, the 
     Secretary shall facilitate annual interagency collaboration 
     sessions at the appropriate jurisdictional level to 
     coordinate business plans and facilitate coordination of 
     workload planning and workforce management. This engagement 
     shall ensure agency staff is fully engaged and utilizing the 
     flexibility of existing regulations, policies, and guidance 
     and identifying additional actions to facilitate high 
     quality, efficient, and targeted environmental reviews and 
     permitting decisions. The sessions and the interagency 
     collaborations they generate shall focus on how to work with 
     State and local transportation entities to improve project 
     planning, siting, and application quality and how to consult 
     and coordinate with relevant stakeholders and Federal, 
     tribal, State, and local representatives early in permitting 
     processes.
       ``(d) Performance Measurement.--Not later than 1 year after 
     the date of enactment of the Comprehensive Transportation and 
     Consumer Protection Act of 2015, the Secretary of 
     Transportation, in coordination with the Steering

[[Page H7454]]

     Committee established under section 312 of this title, shall 
     establish a program to measure and report on progress towards 
     aligning Federal reviews as outlined in this section.''.
       (b) Conforming Amendment.--The table of contents of 
     subchapter I of chapter 3 is amended by inserting after the 
     item relating to section 309 the following:

``310. Aligning Federal environmental reviews.''.

     SEC. 31105. MULTIMODAL CATEGORICAL EXCLUSIONS.

       Section 304 is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``operating authority'' and inserting 
     ``operating administration or secretarial office'';
       (ii) by inserting ``has expertise but'' before ``is not the 
     lead''; and
       (iii) by inserting ``proposed multimodal'' before 
     ``project'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Lead authority.--The term `lead authority' means a 
     Department of Transportation operating administration or 
     secretarial office that has the lead responsibility for a 
     proposed multimodal project.''; and
       (C) in paragraph (3), by striking ``has the meaning given 
     the term in section 139(a) of title 23'' and inserting 
     ``means an action by the Department of Transportation that 
     involves expertise of 1 or more Department of Transportation 
     operating administrations or secretarial offices'';
       (2) in subsection (b), by striking ``under this title'' and 
     inserting ``by the Secretary of Transportation'';
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``a categorical exclusion designated under 
     the implementing regulations or'' and inserting ``categorical 
     exclusions designated under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) implementing''; and
       (ii) by striking ``other components of the'' and inserting 
     ``a proposed multimodal'';
       (B) by amending paragraphs (1) and (2) to read as follows:
       ``(1) the lead authority makes a preliminary determination 
     on the applicability of a categorical exclusion to a proposed 
     multimodal project and notifies the cooperating authority of 
     its intent to apply the cooperating authority categorical 
     exclusion;
       ``(2) the cooperating authority does not object to the lead 
     authority's preliminary determination of its 
     applicability;'';
       (C) in paragraph (3)--
       (i) by inserting ``the lead authority determines that'' 
     before ``the component of''; and
       (ii) by inserting ``proposed multimodal'' before ``project 
     to be covered''; and
       (D) by amending paragraph (4) to read as follows:
       ``(4) the lead authority, with the concurrence of the 
     cooperating authority--
       ``(A) follows implementing regulations or procedures under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.);
       ``(B) determines that the proposed multimodal project does 
     not individually or cumulatively have a significant impact on 
     the environment; and
       ``(C) determines that extraordinary circumstances do not 
     exist that merit additional analysis and documentation in an 
     environmental impact statement or environmental assessment 
     required under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).''; and
       (4) by amending subsection (d) to read as follows:
       ``(d) Cooperating Authority Expertise.--A cooperating 
     authority shall provide expertise to the lead authority on 
     aspects of the multimodal project in which the cooperating 
     authority has expertise.''.

     SEC. 31106. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.

       (a) In General.--Subchapter I of chapter 3, as amended by 
     section 31104 of this Act, is further amended by inserting 
     after section 310 the following:

     ``Sec. 311. Improving transparency in environmental reviews

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Comprehensive Transportation and Consumer 
     Protection Act of 2015, the Secretary of Transportation shall 
     establish an online platform and, in coordination with 
     Federal agencies described in subsection (b), issue reporting 
     standards to make publicly available the status and progress 
     with respect to compliance with applicable requirements under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and any other Federal approval required under 
     applicable laws for projects and activities requiring an 
     environmental assessment or an environmental impact 
     statement.
       ``(b) Federal Agency Participation.--A Federal agency of 
     jurisdiction over an approval required for a project under 
     applicable laws shall provide information regarding the 
     status and progress of the approval to the online platform, 
     consistent with the standards established under subsection 
     (a).
       ``(c) Assignment of Responsibilities.--An entity with 
     assigned authority for responsibilities under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     under section 326 or section 327 of title 23 shall be 
     responsible for supplying project development and compliance 
     status for all applicable projects.''.
       (b) Conforming Amendment.--The table of contents of 
     subchapter I of chapter 3, as amended by section 31104 of 
     this Act, is further amended by inserting after the item 
     relating to section 310, the following:

``311. Improving transparency in environmental reviews.''.

     SEC. 31107. LOCAL TRANSPORTATION INFRASTRUCTURE PROGRAM.

       Section 610 of title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) 10 percent of the funds apportioned to the State for 
     each of fiscal years 2016 through 2021 under each of sections 
     104(b)(1), 104(b)(2), and 144; and'';
       (B) in paragraph (2), by striking ``2005 through 2009'' and 
     inserting ``2016 through 2021'';
       (C) in paragraph (3), by striking ``2005 through 2009'' and 
     inserting ``2016 through 2021''; and
       (D) in paragraph (5), by striking ``section 133(d)(3)'' and 
     inserting ``section 133(d)(4)''; and
       (2) in subsection (k), by striking ``2005 through 2009'' 
     and inserting ``2016 through 2021''.

     SEC. 31108. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN 
                   CONTROL.

       (a) In General.--There shall be available from the Mass 
     Transit Account of the Highway Trust Fund to carry out this 
     section $199,000,000 for fiscal year 2016 to assist in 
     financing the installation of positive train control systems.
       (b) Programs.--The amounts made available under subsection 
     (a) of this section may be used to assist in financing the 
     installation of positive train control systems through--
       (1) grants made under the rail safety technology grants 
     program under section 20158 of title 49, United States Code;
       (2) grants made under the consolidated rail infrastructure 
     and safety improvements program under section 24408 of title 
     49, United States Code; and
       (3) funding the cost, including the subsidy cost or cost of 
     credit risk premiums, of direct loans and loan guarantees 
     under sections 502 through 504 of the Railroad Revitalization 
     and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.).
       (c) Eligible Recipients.--The amounts made available under 
     subsection (a) of this section may be used only to assist a 
     recipient of funds under chapter 53 of title 49, United 
     States Code, through the programs described in subsection 
     (b).
       (d) Project Management Oversight.--The Secretary may 
     withhold up to 1 percent from the amounts made available 
     under subsection (a) of this section for the costs of project 
     management oversight of grants authorized under that 
     subsection.
       (e) Savings Clause.--Nothing in this section may be 
     construed as authorizing the amounts appropriated under 
     subsection (a) to be used for any purpose other than 
     financing the installation of positive train control systems.
       (f) Grants Financed From Highway Trust Fund.--A grant, 
     contract, direct loan, or loan guarantee that is approved by 
     the Secretary and financed with amounts made available from 
     the Mass Transit Account of the Highway Trust Fund under this 
     section is a contractual obligation of the Government to pay 
     the Government share of the cost of the project.
       (g) Availability of Amounts.--Notwithstanding subsection 
     (h), amounts made available under this section shall remain 
     available until expended.
       (h) Sunset.--The Secretary of Transportation shall provide 
     the grants, direct loans, and loan guarantees under 
     subsection (b) by September 30, 2017.

                          Subtitle B--Research

     SEC. 31201. FINDINGS.

       Congress makes the followings findings:
       (1) Federal transportation research planning and 
     coordination--
       (A) should occur within the Office of the Secretary; and
       (B) should be, to the extent practicable, multi-modal and 
     not occur solely within the subagencies of the Department of 
     Transportation.
       (2) Managing a multi-modal research portfolio within the 
     Office of the Secretary will--
       (A) help identify opportunities where research could be 
     applied across modes; and
       (B) prevent duplication of efforts and waste of limited 
     Federal resources.
       (3) An ombudsman for research at the Department of 
     Transportation will--
       (A) give stakeholders a formal opportunity to address 
     concerns;
       (B) ensure unbiased research; and
       (C) improve the overall research products of the 
     Department.
       (4) Increasing transparency of transportation research 
     efforts will--
       (A) build stakeholder confidence in the final product; and
       (B) lead to the improved implementation of research 
     findings.

     SEC. 31202. MODAL RESEARCH PLANS.

       (a) In General.--Not later than June 15 of the year 
     preceding the research fiscal year, the head of each modal 
     administration and joint program office of the Department of 
     Transportation shall submit a comprehensive annual modal 
     research plan to the Assistant Secretary for Research and 
     Technology of the Department of Transportation (referred to 
     in this subtitle as the ``Assistant Secretary'').
       (b) Review.--
       (1) In general.--Not later than October 1 of each year, the 
     Assistant Secretary, for each plan submitted pursuant to 
     subsection (a), shall--
       (A) review the scope of the research; and
       (B)(i) approve the plan; or
       (ii) request that the plan be revised.
       (2) Publications.--Not later than January 30 of each year, 
     the Secretary shall publish each plan that has been approved 
     under paragraph (1)(B)(i) on a public website.

[[Page H7455]]

       (3) Rejection of duplicative research efforts.--The 
     Assistant Secretary may not approve any plan submitted by the 
     head of a modal administration or joint program office 
     pursuant to subsection (a) if such plan duplicates the 
     research efforts of any other modal administration.
       (c) Funding Limitations.--No funds may be expended by the 
     Department of Transportation on research that has not 
     previously been approved as part of a modal research plan 
     approved by the Assistant Secretary unless--
       (1) such research is required by an Act of Congress;
       (2) such research was part of a contract that was funded 
     before the date of enactment of this Act; or
       (3) the Secretary of Transportation certifies to Congress 
     that such research is necessary before the approval of a 
     modal research plan.
       (d) Duplicative Research.--
       (1) In general.--Except as provided in paragraph (2), no 
     funds may be expended by the Department of Transportation on 
     research projects that the Secretary identifies as 
     duplicative under subsection (b)(3).
       (2) Exceptions.--Paragraph (1) shall not apply to--
       (A) updates to previously commissioned research;
       (B) research commissioned to carry out an Act of Congress; 
     or
       (C) research commissioned before the date of enactment of 
     this Act.
       (e) Certification.--
       (1) In general.--The Secretary shall annually certify to 
     Congress that--
       (A) each modal research plan has been reviewed; and
       (B) there is no duplication of study for research directed, 
     commissioned, or conducted by the Department of 
     Transportation.
       (2) Corrective action plan.--If the Secretary, after 
     submitting a certification under paragraph (1), identifies 
     duplication of research within the Department of 
     Transportation, the Secretary shall--
       (A) notify Congress of the duplicative research; and
       (B) submit a corrective action plan to Congress that will 
     eliminate such duplicative research.

     SEC. 31203. CONSOLIDATED RESEARCH PROSPECTUS AND STRATEGIC 
                   PLAN.

       (a) Prospectus.--
       (1) In general.--The Secretary shall annually publish, on a 
     public website, a comprehensive prospectus on all research 
     projects conducted by the Department of Transportation, 
     including, to the extent practicable, research funded through 
     University Transportation Centers.
       (2) Contents.--The prospectus published under paragraph (1) 
     shall--
       (A) include the consolidated modal research plans approved 
     under section 1302;
       (B) describe the research objectives, progress, and 
     allocated funds for each research project;
       (C) identify research projects with multi-modal 
     applications;
       (D) specify how relevant modal administrations have 
     assisted, will contribute to, or plan to use the findings 
     from the research projects identified under paragraph (1);
       (E) identify areas in which multiple modal administrations 
     are conducting research projects on similar subjects or 
     subjects which have bearing on multiple modes;
       (F) describe the interagency and cross modal communication 
     and coordination that has occurred to prevent duplication of 
     research efforts within the Department of Transportation;
       (G) indicate how research is being disseminated to improve 
     the efficiency and safety of transportation systems;
       (H) describe how agencies developed their research plans; 
     and
       (I) describe the opportunities for public and stakeholder 
     input.
       (b) Funding Report.--In conjunction with each of the 
     President's annual budget requests under section 1105 of 
     title 31, United States Code, the Secretary shall submit a 
     report to appropriate committees of Congress that describes--
       (1) the amount spent in the last completed fiscal year on 
     transportation research and development; and
       (2) the amount proposed in the current budget for 
     transportation research and development.
       (c) Performance Plans and Reports.--In the plans and 
     reports submitted under sections 1115 and 1116 of title 31, 
     United States Code, the Secretary shall include--
       (1) a summary of the Federal transportation research and 
     development activities for the previous fiscal year in each 
     topic area;
       (2) the amount spent in each topic area;
       (3) a description of the extent to which the research and 
     development is meeting the expectations set forth in 
     subsection (d)(3)(A); and
       (4) any amendments to the strategic plan developed under 
     subsection (d).
       (d) Transportation Research and Development Strategic 
     Plan.--
       (1) In general.--The Secretary shall develop a 5-year 
     transportation research and development strategic plan to 
     guide future Federal transportation research and development 
     activities.
       (2) Consistency.--The strategic plan developed under 
     paragraph (1) shall be consistent with--
       (A) section 306 of title 5, United States Code;
       (B) sections 1115 and 1116 of title 31, United States Code; 
     and
       (C) any other research and development plan within the 
     Department of Transportation.
       (3) Contents.--The strategic plan developed under paragraph 
     (1) shall--
       (A) describe the primary purposes of the transportation 
     research and development program, which shall include--
       (i) promoting safety;
       (ii) reducing congestion;
       (iii) improving mobility;
       (iv) preserving the existing transportation system;
       (v) improving the durability and extending the life of 
     transportation infrastructure; and
       (vi) improving goods movement;
       (B) for each of the purposes referred to in subparagraph 
     (A), list the primary research and development topics that 
     the Department of Transportation intends to pursue to 
     accomplish that purpose, which may include--
       (i) fundamental research in the physical and natural 
     sciences;
       (ii) applied research;
       (iii) technology research; and
       (iv) social science research intended for each topic; and
       (C) for each research and development topic--
       (i) identify the anticipated annual funding levels for the 
     period covered by the strategic plan; and
       (ii) include any additional information the Department of 
     Transportation expects to discover at the end of the period 
     covered by the strategic plan as a result of the research and 
     development in that topic area.
       (4) Considerations.--The Secretary shall ensure that the 
     strategic plan developed under this section--
       (A) reflects input from a wide range of stakeholders;
       (B) includes and integrates the research and development 
     programs of all the Department of Transportation's modal 
     administrations, including aviation, transit, rail, and 
     maritime; and
       (C) takes into account how research and development by 
     other Federal, State, private sector, and nonprofit 
     institutions--
       (i) contributes to the achievement of the purposes 
     identified under paragraph (3)(A); and
       (ii) avoids unnecessary duplication of such efforts.
       (e) Technical and Conforming Amendments.--
       (1) Chapter 5 of title 23.--Chapter 5 of title 23, United 
     States Code, is amended--
       (A) by striking section 508;
       (B) in the table of contents, by striking the item relating 
     to section 508;
       (C) in section 502--
       (i) in subsection (a)(9), by striking ``transportation 
     research and technology development strategic plan developed 
     under section 508'' and inserting ``transportation research 
     and development strategic plan under section 31203 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015''; and
       (ii) in subsection (b)(4), by striking ``transportation 
     research and development strategic plan of the Secretary 
     developed under section 508'' and inserting ``transportation 
     research and development strategic plan under section 31203 
     of the Comprehensive Transportation and Consumer Protection 
     Act of 2015''; and
       (D) in section 512(b), by striking ``as part of the 
     transportation research and development strategic plan 
     developed under section 508''.
       (2) Intelligent transportation systems.--Section 5205 of 
     the Intelligent Transportation Systems Act of 1998 (23 U.S.C. 
     502 note) is amended--
       (A) in subsection (b), by striking ``as part of the Surface 
     Transportation Research and Development Strategic Plan 
     developed under section 508 of title 23, United States Code'' 
     and inserting ``as part of the transportation research and 
     development strategic plan under section 31203 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015''; and
       (B) in subsection (e)(2)(A), by striking ``or the Surface 
     Transportation Research and Development Strategic Plan 
     developed under section 508 of title 23, United States Code'' 
     and inserting ``or the transportation research and 
     development strategic plan under section 31203 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015''.
       (3) Intelligent transportation system research.--Subtitle C 
     of title V of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (23 U.S.C. 512 
     note) is amended--
       (A) in section 5305(h)(3)(A), by striking ``the strategic 
     plan under section 508 of title 23, United States Code'' and 
     inserting ``the 5-year transportation research and 
     development strategic plan under section 31203 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015''; and
       (B) in section 5307(c)(2)(A), by striking ``or the surface 
     transportation research and development strategic plan 
     developed under section 508 of title 23, United States Code'' 
     and inserting ``or the 5-year transportation research and 
     development strategic plan under section 31203 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015''.

     SEC. 31204. RESEARCH OMBUDSMAN.

       (a) In General.--Subtitle III is amended by inserting after 
     chapter 63 the following:

                    ``CHAPTER 65--RESEARCH OMBUDSMAN

``Sec.
``6501. Research ombudsman.

     ``Sec. 6501. Research ombudsman

       ``(a) Establishment.--The Assistant Secretary for Research 
     and Technology shall appoint a career Federal employee to 
     serve as Research Ombudsman. This appointment shall not 
     diminish the authority of peer review of research.
       ``(b) Qualifications.--The Research Ombudsman appointed 
     under subsection (a), to the extent practicable--
       ``(1) shall have a background in academic research and a 
     strong understanding of sound study design;
       ``(2) shall develop a working knowledge of the stakeholder 
     communities and research needs of the transportation field; 
     and

[[Page H7456]]

       ``(3) shall not have served as a political appointee of the 
     Department.
       ``(c) Responsibilities.--
       ``(1) Addressing complaints and questions.--The Research 
     Ombudsman shall--
       ``(A) receive complaints and questions about--
       ``(i) significant alleged omissions, improprieties, and 
     systemic problems; and
       ``(ii) excessive delays of, or within, a specific research 
     project; and
       ``(B) evaluate and address the complaints and questions 
     described in subparagraph (A).
       ``(2) Petitions.--
       ``(A) Review.--The Research Ombudsman shall review 
     petitions relating to--
       ``(i) conflicts of interest;
       ``(ii) the study design and methodology;
       ``(iii) assumptions and potential bias;
       ``(iv) the length of the study; and
       ``(v) the composition of any data sampled.
       ``(B) Response to petitions.--The Research Ombudsman 
     shall--
       ``(i) respond to relevant petitions within a reasonable 
     period;
       ``(ii) identify deficiencies in the petition's study 
     design; and
       ``(iii) propose a remedy for such deficiencies to the 
     administrator of the modal administration responsible for 
     completing the research project.
       ``(C) Response to proposed remedy.--The administrator of 
     the modal administration charged with completing the research 
     project shall respond to the proposed research remedy.
       ``(3) Required reviews.--The Research Ombudsman shall 
     evaluate the study plan for all statutorily required studies 
     and reports before the commencement of such studies to ensure 
     that the research plan has an appropriate sample size and 
     composition to address the stated purpose of the study.
       ``(d) Reports.--
       ``(1) In general.--Upon the completion of each review under 
     subsection (c), the Research Ombudsman shall--
       ``(A) submit a report containing the results of such review 
     to--
       ``(i) the Secretary;
       ``(ii) the head of the relevant modal administration; and
       ``(iii) the study or research leader; and
       ``(B) publish such results on a public website, with the 
     modal administration response required under subsection 
     (c)(2)(C).
       ``(2) Independence.--Each report required under this 
     section shall be provided directly to the individuals 
     described in paragraph (1) without any comment or amendment 
     from the Secretary, the Deputy Secretary of Transportation, 
     the head of any modal administration of the Department, or 
     any other officer or employee of the Department or the Office 
     of Management and Budget.
       ``(e) Report to Inspector General.--The Research Ombudsman 
     shall submit any evidence of misfeasance, malfeasance, waste, 
     fraud, or abuse uncovered during a review under this section 
     to the Inspector General for further review.
       ``(f) Removal.--The Research Ombudsman shall be subject to 
     adverse employment action for misconduct or good cause in 
     accordance with the procedures and grounds set forth in 
     chapter 75 of title 5.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for subtitle III is amended by inserting after the 
     item relating to chapter 63 the following:

``65. Research ombudsman....................................6501''.....

     SEC. 31205. SMART CITIES TRANSPORTATION PLANNING STUDY.

       (a) In General.--The Secretary shall conduct a study of 
     digital technologies and information technologies, including 
     shared mobility, data, transportation network companies, and 
     on-demand transportation services--
       (1) to understand the degree to which cities are adopting 
     these technologies;
       (2) to assess future planning, infrastructure and 
     investment needs; and
       (3) to provide best practices to plan for smart cities in 
     which information and technology are used--
       (A) to improve city operations;
       (B) to grow the local economy;
       (C) to improve response in times of emergencies and natural 
     disasters; and
       (D) to improve the lives of city residents.
       (b) Components.--The study conducted under subsection (a) 
     shall--
       (1) identify broad issues that influence the ability of the 
     United States to plan for and invest in smart cities, 
     including barriers to collaboration and access to scientific 
     information; and
       (2) review how the expanded use of digital technologies, 
     mobile devices, and information may--
       (A) enhance the efficiency and effectiveness of existing 
     transportation networks;
       (B) optimize demand management services;
       (C) impact low-income and other disadvantaged communities;
       (D) assess opportunities to share, collect, and use data;
       (E) change current planning and investment strategies; and
       (F) provide opportunities for enhanced coordination and 
     planning.
       (c) Reporting.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall publish the report 
     containing the results of the study required under subsection 
     (a) to a public website.

     SEC. 31206. BUREAU OF TRANSPORTATION STATISTICS INDEPENDENCE.

       Section 6302 is amended by adding at the end the following:
       ``(d) Independence of Bureau.--
       ``(1) In general.--The Director shall not be required--
       ``(A) to obtain the approval of any other officer or 
     employee of the Department with respect to the collection or 
     analysis of any information; or
       ``(B) prior to publication, to obtain the approval of any 
     other officer or employee of the United States Government 
     with respect to the substance of any statistical technical 
     reports or press releases lawfully prepared by the Director.
       ``(2) Budget authority.--The Director shall have a 
     significant role in the disposition and allocation of the 
     Bureau's authorized budget, including--
       ``(A) all hiring, grants, cooperative agreements, and 
     contracts awarded by the Bureau to carry out this section; 
     and
       ``(B) the disposition and allocation of amounts paid to the 
     Bureau for cost-reimbursable projects.
       ``(3) Exceptions.--The Secretary shall direct external 
     support functions, such as the coordination of activities 
     involving multiple modal administrations.
       ``(4) Information technology.--The Department Chief 
     Information Officer shall consult with the Director to ensure 
     decisions related to information technology guarantee the 
     protection of the confidentiality of information provided 
     solely for statistical purposes, in accordance with the 
     Confidential Information Protection and Statistical 
     Efficiency Act of 2002 (44 U.S.C. 3501 note).''.

     SEC. 31207. CONFORMING AMENDMENTS.

       (a) Title 49 Amendments.--
       (1) Assistant secretaries; general counsel.--Section 102(e) 
     is amended--
       (A) in paragraph (1), by striking ``5'' and inserting 
     ``6''; and
       (B) in paragraph (1)(A), by inserting ``an Assistant 
     Secretary for Research and Technology,'' before ``and an 
     Assistant Secretary''.
       (2) Office of the assistant secretary for research and 
     technology of the department of transportation.--Section 112 
     is repealed.
       (3) Table of contents.--The table of contents of chapter 1 
     is amended by striking the item relating to section 112.
       (4) Research contracts.--Section 330 is amended--
       (A) in the section heading, by striking ``contracts'' and 
     inserting ``activities'';
       (B) in subsection (a), by inserting ``In General.--'' 
     before ``The Secretary'';
       (C) in subsection (b), by inserting ``Responsibilities.--'' 
     before ``In carrying out'';
       (D) in subsection (c), by inserting ``Publications.--'' 
     before ``The Secretary''; and
       (E) by adding at the end the following:
       ``(d) Duties.--The Secretary shall provide for the 
     following:
       ``(1) Coordination, facilitation, and review of the 
     Department's research and development programs and 
     activities.
       ``(2) Advancement, and research and development, of 
     innovative technologies, including intelligent transportation 
     systems.
       ``(3) Comprehensive transportation statistics research, 
     analysis, and reporting.
       ``(4) Education and training in transportation and 
     transportation-related fields.
       ``(5) Activities of the Volpe National Transportation 
     Systems Center.
       ``(e) Additional Authorities.--The Secretary may--
       ``(1) enter into grants and cooperative agreements with 
     Federal agencies, State and local government agencies, other 
     public entities, private organizations, and other persons--
       ``(A) to conduct research into transportation service and 
     infrastructure assurance; and
       ``(B) to carry out other research activities of the 
     Department;
       ``(2) carry out, on a cost-shared basis, collaborative 
     research and development to encourage innovative solutions to 
     multimodal transportation problems and stimulate the 
     deployment of new technology with--
       ``(A) non-Federal entities, including State and local 
     governments, foreign governments, institutions of higher 
     education, corporations, institutions, partnerships, sole 
     proprietorships, and trade associations that are incorporated 
     or established under the laws of any State;
       ``(B) Federal laboratories; and
       ``(C) other Federal agencies; and
       ``(3) directly initiate contracts, grants, cooperative 
     research and development agreements (as defined in section 12 
     of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3710a)), and other agreements to fund, and accept 
     funds from, the Transportation Research Board of the National 
     Research Council of the National Academy of Sciences, State 
     departments of transportation, cities, counties, institutions 
     of higher education, associations, and the agents of those 
     entities to carry out joint transportation research and 
     technology efforts.
       ``(f) Federal Share.--
       ``(1) In general.--Subject to paragraph (2), the Federal 
     share of the cost of an activity carried out under subsection 
     (e)(3) shall not exceed 50 percent.
       ``(2) Exception.--If the Secretary determines that the 
     activity is of substantial public interest or benefit, the 
     Secretary may approve a greater Federal share.
       ``(3) Non-federal share.--All costs directly incurred by 
     the non-Federal partners, including personnel, travel, 
     facility, and hardware development costs, shall be credited 
     toward the non-Federal share of the cost of an activity 
     described in paragraph (1).
       ``(g) Program Evaluation and Oversight.--For fiscal years 
     2016 through 2021, the Secretary is authorized to expend not 
     more than 1 and a half percent of the amounts authorized to 
     be appropriated for necessary expenses for administration and 
     operations of the Office of the Assistant Secretary for 
     Research and Technology for the coordination, evaluation, and 
     oversight of the programs administered under this section.
       ``(h) Use of Technology.--The research, development, or use 
     of a technology under a contract, grant, cooperative research 
     and development agreement, or other agreement entered into

[[Page H7457]]

     under this section, including the terms under which the 
     technology may be licensed and the resulting royalties may be 
     distributed, shall be subject to the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
       ``(i) Waiver of Advertising Requirements.--Section 6101 of 
     title 41 shall not apply to a contract, grant, or other 
     agreement entered into under this section.''.
       (5) Table of contents.--The item relating to section 330 in 
     the table of contents of chapter 3 is amended by striking 
     ``Contracts'' and inserting ``Activities''.
       (6) Bureau of transportation statistics.--Section 6302(a) 
     is amended to read as follows:
       ``(a) In General.--There shall be within the Department the 
     Bureau of Transportation Statistics.''.
       (b) Title 5 Amendments.--
       (1) Positions at level ii.--Section 5313 of title 5, United 
     States Code, is amended by striking ``Under Secretary of 
     Transportation for Security.''.
       (2) Positions at level iii.--Section 5314 of title 5, 
     United States Code, is amended by striking ``Administrator, 
     Research and Innovative Technology Administration.''.
       (3) Positions at level iv.--Section 5315 of title 5, United 
     States Code, is amended by striking ``(4)'' in the 
     undesignated item relating to Assistant Secretaries of 
     Transportation and inserting ``(5)''.
       (4) Positions at level v.--Section 5316 is amended by 
     striking ``Associate Deputy Secretary, Department of 
     Transportation.''.

     SEC. 31208. REPEAL OF OBSOLETE OFFICE.

       (a) In General.--Section 5503 is repealed.
       (b) Table of Contents.--The table of contents of chapter 55 
     is amended by striking the item relating to section 5503.

                    Subtitle C--Port Performance Act

     SEC. 31301. SHORT TITLE.

       This subtitle may be cited as the ``Port Performance Act''.

     SEC. 31302. FINDINGS.

       Congress finds the following:
       (1) America's ports play a critical role in the Nation's 
     transportation supply chain network.
       (2) Reliable and efficient movement of goods through the 
     Nation's ports ensures that American goods are available to 
     customers throughout the world.
       (3) Breakdowns in the transportation supply chain network, 
     particularly at the Nation's ports, can result in tremendous 
     economic losses for agriculture, businesses, and retailers 
     that rely on timely shipments.
       (4) A clear understanding of terminal and port productivity 
     and throughput should help--
       (A) to identify freight bottlenecks;
       (B) to indicate performance and trends over time; and
       (C) to inform investment decisions.

     SEC. 31303. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.

       (a) In General.--Chapter 63 is amended by adding at the end 
     the following:

     ``Sec. 6314. Port performance freight statistics program

       ``(a) In General.--The Director shall establish, on behalf 
     of the Secretary, a port performance statistics program to 
     provide nationally consistent measures of performance of, at 
     a minimum--
       ``(1) the Nation's top 25 ports by tonnage;
       ``(2) the Nation's top 25 ports by 20-foot equivalent unit; 
     and
       ``(3) the Nation's top 25 ports by dry bulk.
       ``(b) Annual Reports.--
       ``(1) Port capacity and throughput.--Not later than January 
     15 of each year, the Director shall submit an annual report 
     to Congress that includes statistics on capacity and 
     throughput at the ports described in subsection (a).
       ``(2) Port performance measures.--The Director shall 
     collect monthly port performance measures for each of the 
     United States ports referred to in subsection (a) that 
     receives Federal assistance or is subject to Federal 
     regulation to submit an annual report to the Bureau of 
     Transportation Statistics that includes monthly statistics on 
     capacity and throughput as applicable to the specific 
     configuration of the port.
       ``(A) Monthly measures.--The Director shall collect monthly 
     measures, including--
       ``(i) the average number of lifts per hour of containers by 
     crane;
       ``(ii) the average vessel turn time by vessel type;
       ``(iii) the average cargo or container dwell time;
       ``(iv) the average truck time at ports;
       ``(v) the average rail time at ports; and
       ``(vi) any additional metrics, as determined by the 
     Director after receiving recommendations from the working 
     group established under subsection (c).
       ``(B) Modifications.--The Director may consider a 
     modification to a metric under subparagraph (A) if the 
     modification meets the intent of the section.
       ``(c) Recommendations.--
       ``(1) In general.--The Director shall obtain 
     recommendations for--
       ``(A) specifications and data measurements for the port 
     performance measures listed in subsection (b)(2);
       ``(B) additionally needed data elements for measuring port 
     performance; and
       ``(C) a process for the Department of Transportation to 
     collect timely and consistent data, including identifying 
     safeguards to protect proprietary information described in 
     subsection (b)(2).
       ``(2) Working group.--Not later than 60 days after the date 
     of the enactment of the Port Performance Act, the Director 
     shall commission a working group composed of--
       ``(A) operating administrations of the Department of 
     Transportation;
       ``(B) the Coast Guard;
       ``(C) the Federal Maritime Commission;
       ``(D) U.S. Customs and Border Protection;
       ``(E) the Marine Transportation System National Advisory 
     Council;
       ``(F) the Army Corps of Engineers;
       ``(G) the Saint Lawrence Seaway Development Corporation;
       ``(H) the Advisory Committee on Supply Chain 
     Competitiveness;
       ``(I) 1 representative from the rail industry;
       ``(J) 1 representative from the trucking industry;
       ``(K) 1 representative from the maritime shipping industry;
       ``(L) 1 representative from a labor organization for each 
     industry described in subparagraphs (I) through (K);
       ``(M) 1 representative from a port authority;
       ``(N) 1 representative from a terminal operator;
       ``(O) representatives of the National Freight Advisory 
     Committee of the Department; and
       ``(P) representatives of the Transportation Research Board 
     of the National Academies.
       ``(3) Recommendations.--Not later than 1 year after the 
     date of the enactment of the Port Performance Act, the 
     working group commissioned under this subsection shall submit 
     its recommendations to the Director.
       ``(d) Access to Data.--The Director shall ensure that the 
     statistics compiled under this section are readily accessible 
     to the public, consistent with applicable security 
     constraints and confidentiality interests.''.
       (b) Prohibition on Certain Disclosures.--Section 6307(b)(1) 
     is amended by inserting ``or section 6314(b)'' after 
     ``section 6302(b)(3)(B)'' each place it appears.
       (c) Copies of Reports.--Section 6307(b)(2)(A) is amended by 
     inserting ``or section 6314(b)'' after ``section 
     6302(b)(3)(B)''.
       (d) Technical and Conforming Amendment.--The table of 
     contents for chapter 63 is amended by adding at the end the 
     following:

``6314. Port performance freight statistics program.''.

       TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS

       Subtitle A--Compliance, Safety, and Accountability Reform

     SEC. 32001. CORRELATION STUDY.

       (a) In General.--The Administrator of the Federal Motor 
     Carrier Safety Administration (referred to in this subtitle 
     as the ``Administrator'') shall commission the National 
     Research Council of the National Academies to conduct a study 
     of--
       (1) the Safety Measurement System (referred to in this 
     subtitle as ``SMS''); and
       (2) the Compliance, Safety, Accountability program 
     (referred to in this subtitle as the ``CSA program'').
       (b) Scope of Study.--In carrying out the study commissioned 
     pursuant to subsection (a), the National Research Council--
       (1) shall analyze--
       (A) the accuracy with which the Behavior Analysis and 
     Safety Improvement Categories (referred to in this subtitle 
     as ``BASIC'') safety measures used by SMS--
       (i) identify high risk drivers and carriers; and
       (ii) predict or be correlated with future crash risk, crash 
     severity, or other safety indicators for individual drivers, 
     motor carriers, and the highest risk carriers;
       (B) the methodology used to calculate BASIC percentiles and 
     identify carriers for enforcement, including the weights 
     assigned to particular violations, and the tie between crash 
     risk and specific regulatory violations, in order to 
     accurately identify and predict future crash risk for motor 
     carriers;
       (C) the relative value of inspection information and 
     roadside enforcement data;
       (D) any data collection gaps or data sufficiency problems 
     that may exist and the impact of those data gaps and 
     insufficiencies on the efficacy of the CSA program; and
       (E) the accuracy of data processing; and
       (2) should consider--
       (A) whether the current SMS provides comparable precision 
     and confidence for SMS alerts and percentiles for the 
     relative crash risk of individual large and small motor 
     carriers;
       (B) whether alternative systems would identify high risk 
     carriers or identify high risk drivers and motor carriers 
     more accurately; and
       (C) the recommendations and findings of the Comptroller 
     General of the United States and the Inspector General, and 
     independent review team reports issued before the date of the 
     enactment of this Act.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit a 
     report containing the results of the completed study to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (3) the Inspector General of the Department of 
     Transportation; and
       (4) the Comptroller General of the United States.
       (d) Corrective Action Plan.--
       (1) In general.--Not later than 120 days after the 
     Administrator submits a report under subsection (c) that 
     identifies a deficiency or opportunity for improvement in the 
     CSA program or in any element of SMS, the Administrator shall 
     submit a corrective action plan to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that--
       (A) responds to the concerns highlighted by the report;
       (B) identifies how the Federal Motor Carrier Safety 
     Administration will address such concerns; and
       (C) provides an estimate of the cost, including changes in 
     staffing, enforcement, and data collection necessary to 
     implement the recommendations.

[[Page H7458]]

       (2) Program reforms.--The corrective action plan submitted 
     under paragraph (1) shall include an implementation plan 
     that--
       (A) includes benchmarks;
       (B) includes programmatic reforms, revisions to 
     regulations, or proposals for legislation; and
       (C) shall be considered in any rulemaking by the Department 
     of Transportation that relates to the CSA program, including 
     the SMS data sets or analysis.
       (e) Inspector General Review.--Not later than 120 days 
     after the Administrator issues a corrective action plan under 
     subsection (d), the Inspector General of the Department of 
     Transportation shall--
       (1) review the extent to which such plan implements--
       (A) recommendations contained in the report submitted under 
     subsection (c); and
       (B) recommendations issued by the Comptroller General or 
     the Inspector General before the date of enactment of this 
     Act; and
       (2) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the responsiveness of the corrective 
     action plan to the recommendations described in paragraph 
     (1).
       (f) Fiscal Limitation.--The Administrator shall carry out 
     the study required under this section using amounts 
     appropriated to the Federal Motor Carrier Safety 
     Administration and available for obligation and expenditure 
     as of the date of the enactment of this Act.

     SEC. 32002. SAFETY IMPROVEMENT METRICS.

       (a) In General.--The Administrator shall incorporate a 
     methodology into the CSA program or establish a third-party 
     process to allow recognition, including credit, improved 
     score, or by establishing a safety BASIC in SMS for safety 
     technology, tools, programs, and systems approved by the 
     Administrator through the qualification process developed 
     under subsection (b) that exceed regulatory requirements or 
     are used to enhance safety performance, including--
       (1) the installation of qualifying advanced safety 
     equipment, such as--
       (A) collision mitigation systems;
       (B) lane departure warnings;
       (C) speed limiters;
       (D) electronic logging devices;
       (E) electronic stability control;
       (F) critical event recorders; and
       (G) strengthening rear guards and sideguards for underride 
     protection;
       (2) the use of enhanced driver fitness measures that exceed 
     current regulatory requirements, such as--
       (A) additional new driver training;
       (B) enhanced and ongoing driver training; and
       (C) remedial driver training to address specific 
     deficiencies as identified in roadside inspection or 
     enforcement reports;
       (3) the adoption of qualifying administrative fleet safety 
     management tools technologies, driver performance and 
     behavior management technologies, and programs; and
       (4) technologies and measures identified through the 
     process described in subsection (c).
       (b) Qualification.--The Administrator, through a notice and 
     comment process, shall develop technical or other performance 
     standards for technology, advanced safety equipment, enhanced 
     driver fitness measures, tools, programs, or systems used by 
     motor carriers that will qualify for credit under this 
     section.
       (c) Additional Requirements.--In modifying the CSA program 
     under subsection (a), the Administrator, through notice and 
     comment, shall develop a process for identifying and 
     reviewing other technology, advanced safety equipment, 
     enhanced driver fitness measures, tools, programs, or systems 
     used by motor carriers to improve safety performance that--
       (1) provides for a petition for reviewing technology, 
     advanced safety equipment, enhanced driver fitness measures, 
     tools, programs, or systems;
       (2) seeks input and participation from industry 
     stakeholders, including drivers, technology manufacturers, 
     vehicle manufacturers, motor carriers, enforcement 
     communities, and safety advocates, and the Motor Carrier 
     Safety Advisory Committee; and
       (3) includes technology, advanced safety equipment, 
     enhanced driver fitness measures, tools, programs, or systems 
     with a date certain for future statutory or regulatory 
     implementation.
       (d) Safety Improvement Metrics Use and Verification.--The 
     Administrator, through notice and comment process, shall 
     develop a process for--
       (1) providing recognition or credit within a motor 
     carrier's SMS score for the installation and use of measures 
     in paragraphs (1) through (4) of subsection (a);
       (2) ensuring that the safety improvement metrics developed 
     under this section are presented with other SMS data;
       (3) verifying the installation or use of such technology, 
     advanced safety equipment, enhanced driver fitness measures, 
     tools, programs, or systems;
       (4) modifying or removing recognition or credit upon 
     verification of noncompliance with this section;
       (5) ensuring that the credits or recognition referred to in 
     paragraph (1) reflect the safety improvement anticipated as a 
     result of the installation or use of the specific technology, 
     advanced safety equipment, enhanced driver fitness measure, 
     tool, program, or system;
       (6) verifying the deployment and use of qualifying 
     equipment or management systems by a motor carrier through a 
     certification from the vehicle manufacturer, the system or 
     service provider, the insurance carrier, or through documents 
     submitted by the motor carrier to the Department of 
     Transportation;
       (7) annually reviewing the list of qualifying safety 
     technology, advanced safety equipment, enhanced driver 
     fitness measures, tools, programs, or systems; and
       (8) removing systems mandated by law or regulation, or if 
     such systems demonstrate a lack of efficacy, from the list of 
     qualifying technologies, advanced safety equipment, enhanced 
     driver fitness measures, tools, programs, or systems eligible 
     for credit under the CSA program.
       (e) Dissemination of Information.--The Administrator shall 
     maintain a public website that contains information 
     regarding--
       (1) the technology, advanced safety equipment, enhanced 
     driver fitness measures, tools, programs, or systems eligible 
     for credit and improved scores;
       (2) any petitions for study of the technology, advanced 
     safety equipment, enhanced driver fitness measures, tools, 
     programs, or systems; and
       (3) statistics and information relating to the use of such 
     technology, advanced safety equipment, enhanced driver 
     fitness measures, tools, programs, or systems.
       (f) Public Report.--Not later than 1 year after the 
     establishment of the Safety Improvement Metrics System 
     (referred to in this section as ``SIMS'') under this section, 
     and annually thereafter, the Administrator shall publish, on 
     a public website, a report that identifies--
       (1) the types of technology, advanced safety equipment, 
     enhanced driver fitness measures, tools, programs, or systems 
     that are eligible for credit;
       (2) the number of instances in which each technology, 
     advanced safety equipment, enhanced driver fitness measure, 
     tool, program, or system is used;
       (3) the number of motor carriers, and a description of the 
     carrier's fleet size, that received recognition or credit 
     under the modified CSA program; and
       (4) the pre- and post-adoption safety performance of the 
     motor carriers described in paragraph (3).
       (g) Implementation and Oversight Responsibility.--The 
     Administrator shall ensure that the activities described in 
     subsections (a) through (f) of this section are not required 
     under section 31102 of title 49, United States Code, as 
     amended by this Act.
       (h) Evaluation.--
       (1) In general.--Not later than 2 years after the 
     implementation of SIMS under this section, the Administrator 
     shall conduct an evaluation of the effectiveness of SIMS by 
     reviewing the impacts of SIMS on--
       (A) law enforcement, commercial drivers and motor carriers, 
     and motor carrier safety; and
       (B) safety and adoption of new technologies.
       (2) Report.--Not later than 30 months after the 
     implementation of the program, the Administrator shall submit 
     a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes--
       (A) the results of the evaluation conducted under paragraph 
     (1); and
       (B) the actions the Federal Motor Carrier Safety 
     Administration plans to take to modify the demonstration 
     program based on such results.
       (i) Use of Estimates of Safety Effects.--In conducting 
     regulatory impact analyses for rulemakings relating to the 
     technology, advanced safety equipment, enhanced driver 
     fitness measures, tools, programs, or systems selected for 
     credit under the CSA program, the Administrator, to the 
     extent practicable, shall use the data gathered under this 
     section and appropriate statistical methodology, including 
     sufficient sample sizes, composition, and appropriate 
     comparison groups, including representative motor carriers of 
     all sizes, to estimate the effects on safety performance and 
     reduction in the number and severity of accidents with 
     qualifying technology, advanced safety equipment, tools, 
     programs, and systems.
       (j) Savings Provision.--Nothing in this section may be 
     construed to provide the Administrator with additional 
     authority to change the requirements for the operation of a 
     commercial motor vehicle.

     SEC. 32003. DATA CERTIFICATION.

       (a) Limitation.--Beginning not later than 1 day after the 
     date of enactment of this Act, none of the analysis of 
     violation information, enforcement prioritization, not-at-
     fault crashes, alerts, or the relative percentile for each 
     Behavioral Analysis and Safety Improvement Category developed 
     through the CSA program may be made available to the general 
     public, but violation and inspection information submitted by 
     the States may be presented, until the Inspector General of 
     the Department of Transportation certifies that--
       (1) any deficiencies identified in the correlation study 
     required under section 32001 have been addressed;
       (2) the corrective action plan has been implemented and the 
     concerns raised by the correlation study under section 32001 
     have been addressed;
       (3) the Administrator has fully implemented or 
     satisfactorily addressed the issues raised in the February 
     2014 GAO report entitled ``Modifying the Compliance, Safety, 
     Accountability Program Would Improve the Ability to Identify 
     High Risk Carriers'' (GAO-14-114), which called into question 
     the accuracy and completeness of safety performance 
     calculations;
       (4) the study required under section 32001 has been 
     published on a public website; and
       (5) the CSA program has been modified in accordance with 
     section 32002.
       (b) Limitation on Use of CSA Analysis.--The enforcement 
     prioritization, alerts, or the relative percentile for each 
     Behavioral Analysis and Safety Improvement Category developed 
     through the CSA program within the SMS system may not be used 
     for safety fitness determinations until the requirements 
     under subsection (a) have been satisfied.

[[Page H7459]]

       (c) Continued Public Availability of Data.--Inspection and 
     violation information submitted to the Federal Motor Carrier 
     Safety Administration by commercial motor vehicle inspectors 
     and qualified law enforcement officials shall remain 
     available for public viewing.
       (d) Exceptions.--
       (1) In general.--Notwithstanding the limitations set forth 
     in subsections (a) and (b)--
       (A) the Federal Motor Carrier Safety Administration and 
     State and local commercial motor vehicle enforcement agencies 
     may only use the information referred to in subsection (a) 
     for purposes of investigation and enforcement prioritization;
       (B) motor carriers and commercial motor vehicle drivers may 
     access information referred to in subsection (a) that relates 
     directly to the motor carrier or driver, respectively; and
       (C) the data analysis of motorcoach operators may be 
     provided online, with a notation indicating that the ratings 
     or alerts listed are not intended to imply any Federal safety 
     rating of the carrier.
       (2) Notation.--The notation described under paragraph 
     (1)(C) shall include: ``Readers should not draw conclusions 
     about a carrier's overall safety condition simply based on 
     the data displayed in this system. Unless a motor carrier has 
     received an UNSATISFACTORY safety rating under part 385 of 
     title 49, Code of Federal Regulations, or has otherwise been 
     ordered to discontinue operations by the Federal Motor 
     Carrier Safety Administration, it is authorized to operate on 
     the Nation's roadways.''.
       (3) Limitation.--Nothing in subparagraphs (A) and (B) of 
     paragraph (1) may be construed to restrict the official use 
     by State enforcement agencies of the data collected by State 
     enforcement personnel.
       (e) Certification.--The certification process described in 
     subsection (a) shall occur concurrently with the 
     implementation of SIMS under section 32002.
       (f) Completion.--The Secretary shall modify the CSA program 
     in accordance with section 32002 not later than 1 year after 
     the date of completion of the report described in section 
     32001(c).

     SEC. 32004. DATA IMPROVEMENT.

       (a) Functional Specifications.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator 
     shall develop functional specifications to ensure the 
     consistent and accurate input of data into systems and 
     databases relating to the CSA program.
       (b) Functionality.--The specifications developed pursuant 
     to subsection (a)--
       (1) shall provide for the hardcoding and smart logic 
     functionality for roadside inspection data collection systems 
     and databases; and
       (2) shall be made available to public and private sector 
     developers.
       (c) Effective Data Management.--The Administrator shall 
     ensure that internal systems and databases accept and 
     effectively manage data using uniform standards.
       (d) Consultation With the States.--Before implementing the 
     functional specifications described in subsection (a) or the 
     standards described in subsection (c), the Administrator 
     shall seek input from the State agencies responsible for 
     enforcing section 31102 of title 49, United States Code.

     SEC. 32005. ACCIDENT REPORT INFORMATION.

       (a) Review.--The Administrator shall initiate a 
     demonstration program that allows motor carriers and drivers 
     to request a review of crashes, and the removal of crash data 
     for use in the Federal Motor Carrier Safety Administration's 
     safety measurement system of crashes, and removal from any 
     weighting, or carrier safety analysis, if the commercial 
     motor vehicle was operated legally and another motorist in 
     connection with the crash is found--
       (1) to have been driving under the influence;
       (2) to have been driving the wrong direction on a roadway;
       (3) to have struck the commercial motor vehicle in the 
     rear;
       (4) to have struck the commercial motor vehicle which was 
     legally stopped;
       (5) by the investigating officer or agency to have been 
     responsible for the crash; or
       (6) to have committed other violations determined by the 
     Administrator.
       (b) Documents.--As part of a request for review under 
     subsection (a), the motor carrier or driver shall submit a 
     copy of available police reports, crash investigations, 
     judicial actions, insurance claim information, and any 
     related court actions submitted by each party involved in the 
     accident.
       (c) Solicitation of Other Information.--Following a notice 
     and comment period, the Administrator may solicit other types 
     of information to be collected under subsection (b) to 
     facilitate appropriate reviews under this section.
       (d) Evaluation.--The Federal Motor Carrier Safety 
     Administration shall review the information submitted under 
     subsections (b) and (c).
       (e) Results.--Subject to subsection (h)(2), the results of 
     the review under subsection (a)--
       (1) shall be used to recalculate the motor carrier's crash 
     BASIC percentile;
       (2) if the carrier is determined not to be responsible for 
     the crash incident, such information, shall be reflected on 
     the website of the Federal Motor Carrier Safety 
     Administration; and
       (3) shall not be admitted as evidence or otherwise used in 
     a civil action.
       (f) Fee System.--
       (1) Establishment.--The Administrator may establish a fee 
     system, in accordance with section 9701 of title 31, United 
     States Code, in which a motor carrier is charged a fee for 
     each review of a crash requested by such motor carrier under 
     this section.
       (2) Disposition of fees.--Fees collected under this 
     section--
       (A) may be credited to the Department of Transportation 
     appropriations account for purpose of carrying out this 
     section; and
       (B) shall be used to fully fund the operation of the review 
     program authorized under this section.
       (g) Review and Report.--Not earlier than 2 years after the 
     establishment of the demonstration program under this 
     section, the Administrator shall--
       (1) conduct a review of the internal crash review program 
     to determine if other crash types should be included; and
       (2) submit a report to Congress that describes--
       (A) the number of crashes reviewed;
       (B) the number of crashes for which the commercial motor 
     vehicle operator was determined not to be at fault; and
       (C) relevant information relating to the program, including 
     the cost to operate the program and the fee structure 
     established.
       (h) Implementation and Oversight Responsibility.--
       (1) In general.--The Administrator shall ensure that the 
     activities described in subsections (a) through (d) of this 
     section are not required under section 31102 of title 49, 
     United States Code, as amended by this Act.
       (2) Reviews involving fatalities.--If a review under 
     subsection (a) involves a fatality, the Inspector General of 
     the Department of Transportation shall audit and certify the 
     review prior to making any changes under subsection (e).

     SEC. 32006. POST-ACCIDENT REPORT REVIEW.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall convene a working 
     group--
       (1) to review the data elements of post-accident reports, 
     for tow-away accidents involving commercial motor vehicles, 
     that are reported to the Federal Government; and
       (2) to report to the Secretary its findings and any 
     recommendations, including best practices for State post-
     accident reports to achieve the data elements described in 
     subsection (c).
       (b) Composition.--Not less than 51 percent of the working 
     group should be composed of individuals representing the 
     States or State law enforcement officials. The remaining 
     members of the working group shall represent industry, labor, 
     safety advocates, and other interested parties.
       (c) Considerations.--The working group shall consider 
     requiring additional data elements, including--
       (1) the primary cause of the accident, if the primary cause 
     can be determined;
       (2) the physical characteristics of the commercial motor 
     vehicle and any other vehicle involved in the accident, 
     including--
       (A) the vehicle configuration;
       (B) the gross vehicle weight if the weight can be readily 
     determined;
       (C) the number of axles; and
       (D) the distance between axles, if the distance can be 
     readily determined; and
       (3) any data elements that could contribute to the 
     appropriate consideration of requests under section 32005.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (1) review the findings of the working group;
       (2) identify the best practices for State post-accident 
     reports that are reported to the Federal Government, 
     including identifying the data elements that should be 
     collected following a tow-away commercial motor vehicle 
     accident; and
       (3) recommend to the States the adoption of new data 
     elements to be collected following reportable commercial 
     motor vehicle accidents.

     SEC. 32007. RECOGNIZING EXCELLENCE IN SAFETY.

       (a) In General.--The Administrator shall establish a 
     program to publicly recognize motor carriers and drivers 
     whose safety records and programs exceed compliance with the 
     Federal Motor Carrier Safety Administration's safety 
     regulations and demonstrate clear and outstanding safety 
     practices.
       (b) Restriction.--The program established under subsection 
     (a) may not be deemed to be an endorsement of, or a 
     preference for, motor carriers or drivers recognized under 
     the program.

     SEC. 32008. HIGH RISK CARRIER REVIEWS.

       (a) In General.--After the completion of the certification 
     under section 32003 of this Act, and the establishment of the 
     Safety Fitness Determination program, the Secretary shall 
     ensure that a review is completed on each motor carrier that 
     demonstrates through performance data that it poses the 
     highest safety risk. At a minimum, a review shall be 
     conducted whenever a motor carrier is among the highest risk 
     carriers for 4 consecutive months.
       (b) Report.--Not later than 180 days after the completion 
     of the certification under section 32003 of this Act and the 
     establishment of the Safety Fitness Determination program, 
     the Secretary shall post on a public website a report on the 
     actions the Secretary has taken to comply with this section, 
     including the number of high risk carriers identified and the 
     high risk carriers reviewed.
       (c) Conforming Amendment.--Section 4138 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (49 U.S.C. 31144 note) is repealed.

              Subtitle B--Transparency and Accountability

     SEC. 32201. PETITIONS FOR REGULATORY RELIEF.

       (a) Applications for Regulatory Relief.--Notwithstanding 
     subpart C of part 381 of title 49, Code of Federal 
     Regulations, the Secretary shall allow an applicant 
     representing a class or group of motor carriers to apply for 
     a specific exemption from any provision of the regulations 
     under part 395 of title 49, Code of Federal Regulations, for 
     commercial motor vehicle drivers.
       (b) Review Process.--
       (1) In general.--The Secretary shall establish the 
     procedures for the application for and the review of an 
     exemption under subsection (a).

[[Page H7460]]

       (2) Publication.--Not later than 30 days after the date of 
     receipt of an application for an exemption, the Secretary 
     shall publish the application in the Federal Register and 
     provide the public with an opportunity to comment.
       (3) Public comment.--
       (A) In general.--Each application shall be available for 
     public comment for a 30-day period, but the Secretary may 
     extend the opportunity for public comment for up to 60 days 
     if it is a significant or complex request.
       (B) Review.--Beginning on the date that the public comment 
     period under subparagraph (A) ends, the Secretary shall have 
     60 days to review all of the comments received.
       (4) Determination.--At the end of the 60-day period under 
     paragraph (3)(B), the Secretary shall publish a determination 
     in the Federal Register, including--
       (A) the reason for granting or denying the application; and
       (B) if the application is granted--
       (i) the specific class of persons eligible for the 
     exemption;
       (ii) each provision of the regulations to which the 
     exemption applies; and
       (iii) any conditions or limitations applied to the 
     exemption.
       (5) Considerations.--In making a determination whether to 
     grant or deny an application for an exemption, the Secretary 
     shall consider the safety impacts of the request and may 
     provide appropriate conditions or limitations on the use of 
     the exemption.
       (c) Opportunity for Resubmission.--If an application is 
     denied and the applicant can reasonably address the reason 
     for the denial, the Secretary may allow the applicant to 
     resubmit the application.
       (d) Period of Applicability.--
       (1) In general.--Except as provided in paragraph (2) of 
     this subsection and subsection (f), each exemption granted 
     under this section shall be valid for a period of 5 years 
     unless the Secretary identifies a compelling reason for a 
     shorter exemption period.
       (2) Renewal.--At the end of the 5-year period under 
     paragraph (1)--
       (A) the Secretary, at the Secretary's discretion, may renew 
     the exemption for an additional 5-year period; or
       (B) an applicant may apply under subsection (a) for a 
     permanent exemption from each applicable provision of the 
     regulations.
       (e) Limitation.--No exemption under this section may be 
     granted to or used by any motor carrier that has an 
     unsatisfactory or conditional safety fitness determination.
       (f) Permanent Exemptions.--
       (1) In general.--The Secretary shall make permanent the 
     following limited exceptions:
       (A) Department of Defense Military Surface Deployment and 
     Distribution Command transport of weapons, munitions, and 
     sensitive classified cargo as published in the Federal 
     Register Volume 80 on April 16, 2015 (80 Fed. Reg. 20556).
       (B) Department of Energy transport of security-sensitive 
     radioactive materials as published in the Federal Register 
     Volume 80 on June 22, 2015 (80 Fed. Reg. 35703).
       (C) Motor carriers that transport hazardous materials 
     shipments requiring security plans under regulations of the 
     Pipeline and Hazardous Materials Safety Administration as 
     published in the Federal Register Volume 80 on May 1, 2015 
     (80 Fed. Reg. 25004).
       (D) Perishable construction products as published in the 
     Federal Register Volume 80 on April 2, 2015 (80 Fed. Reg. 
     17819).
       (E) Passenger vehicle record of duty status change as 
     published in the Federal Register Volume 80 on June 4, 2015 
     (80 Fed. Reg. 31961).
       (F) Transport of commercial bee hives as published in the 
     Federal Register Volume 80 on June 19, 2018. (80 Fed. Reg. 
     35425).
       (G) Specialized carriers and drivers responsible for 
     transporting loads requiring special permits as published in 
     the Federal Register Volume 80 on June 18, 2015 (80 Fed. Reg. 
     34957).
       (H) Safe transport of livestock as published in the Federal 
     Register Volume 80 on June 12, 2015 (80 Fed. Reg. 33584).
       (2) Additional exemptions.--The Secretary may make any 
     temporary exemption from any provision of the regulations 
     under part 395 of title 49, Code of Federal Regulations, for 
     commercial motor vehicle drivers that is in effect on the 
     date of enactment of this Act permanent if the Secretary 
     determines that the permanent exemption will not degrade 
     safety. The Secretary shall provide public notice and comment 
     on a list of the additional temporary exemptions to be made 
     permanent under this paragraph.
       (3) Revocation of exemptions.--The Secretary may revoke an 
     exemption issued under this section if the Secretary can 
     demonstrate that the exemption has had a negative impact on 
     safety.

     SEC. 32202. INSPECTOR STANDARDS.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator of the Federal Motor Carrier Safety 
     Administration shall revise the regulations under part 385 of 
     title 49, Code of Federal Regulations, as necessary, to 
     incorporate by reference the certification standards for 
     roadside inspectors issued by the Commercial Vehicle Safety 
     Alliance.

     SEC. 32203. TECHNOLOGY IMPROVEMENTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Government Accountability Office 
     shall conduct a comprehensive analysis on the Federal Motor 
     Carrier Safety Administration's information technology and 
     data collection and management systems.
       (b) Requirements.--The study conducted under subsection (a) 
     shall--
       (1) evaluate the efficacy of the existing information 
     technology, data collection, processing systems, and data 
     management systems and programs, including their interaction 
     with each other and their efficacy in meeting user needs;
       (2) identify any redundancies among the systems and 
     programs described in paragraph (1);
       (3) explore the feasibility of consolidating data 
     collection and processing systems;
       (4) evaluate the ability of the systems and programs 
     described in paragraph (1) to meet the needs of--
       (A) the Federal Motor Carrier Safety Administration, at 
     both the headquarters and State level;
       (B) the State agencies that implement the Motor Carrier 
     Safety Assistance Program under section 31102 of title 49, 
     United States Code; and
       (C) other users;
       (5) evaluate the adaptability of the systems and programs 
     described in paragraph (1), in order to make necessary future 
     changes to ensure user needs are met in an easier, timely, 
     and more cost efficient manner;
       (6) investigate and make recommendations regarding--
       (A) deficiencies in existing data sets impacting program 
     effectiveness; and
       (B) methods to improve any and all user interfaces; and
       (7) evaluate the appropriate role the Federal Motor Carrier 
     Safety Administration should take with respect to software 
     and information systems design, development, and maintenance 
     for the purpose of improving the efficacy of the systems and 
     programs described in paragraph (1).

  Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety 
                                 Reform

     SEC. 32301. UPDATE ON STATUTORY REQUIREMENTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter until a 
     final rule has been issued for each of the requirements 
     described under paragraphs (1) through (5), the Administrator 
     of the Federal Motor Carrier Safety Administration shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the status of a final rule for--
       (1) the minimum entry-level training requirements for an 
     individual operating a commercial motor vehicle under section 
     31305(c) of title 49, United States Code;
       (2) motor carrier safety fitness determinations;
       (3) visibility of agricultural equipment under section 
     31601 of division C of the Moving Ahead for Progress in the 
     21st Century Act (49 U.S.C. 30111 note);
       (4) regulations to require commercial motor vehicles in 
     interstate commerce and operated by a driver subject to the 
     hours of service and record of duty status requirements under 
     part 395 of title 49, Code of Federal Regulations, be 
     equipped with an electronic control module capable of 
     limiting the maximum speed of the vehicle; and
       (5) any outstanding commercial motor vehicle safety 
     regulation required by law and incomplete for more than 2 
     years.
       (b) Contents.--Each report under subsection (a) shall 
     include a description of the work plan, an updated rulemaking 
     timeline, current staff allocations, any resource 
     constraints, and any other details associated with the 
     development of the rulemaking.

     SEC. 32302. STATUTORY RULEMAKING.

       The Administrator of the Federal Motor Carrier Safety 
     Administration shall prioritize the use of Federal Motor 
     Carrier Safety Administration resources for the completion of 
     each outstanding statutory requirement for a rulemaking 
     before beginning any new rulemaking unless the Secretary 
     certifies to Congress that there is a significant need to 
     move forward with a new rulemaking.

     SEC. 32303. GUIDANCE REFORM.

       (a) Guidance.--
       (1) Point of contact.--Each guidance document, other than a 
     regulatory action, issued by the Federal Motor Carrier Safety 
     Administration shall have a date of publication or a date of 
     revision, as applicable, and the name and contact information 
     of a point of contact at the Federal Motor Carrier Safety 
     Administration who can respond to questions regarding the 
     general applicability of the guidance.
       (2) Public accessibility.--
       (A) In general.--Each guidance document and interpretation 
     issued by the Federal Motor Carrier Safety Administration 
     shall be published on the Department of Transportation's 
     public website on the date of issuance.
       (B) Redaction.--The Administrator of the Federal Motor 
     Carrier Safety Administration may redact from a guidance 
     document or interpretation under subparagraph (A) any 
     information that would reveal investigative techniques that 
     would compromise Federal Motor Carrier Safety Administration 
     enforcement efforts.
       (3) Rulemaking.--Not later than 5 years after the date that 
     a guidance document is published under paragraph (2) or 
     during the comprehensive review under subsection (c), 
     whichever is earlier, the Secretary, in consultation with the 
     Administrator, shall revise the applicable regulations to 
     incorporate the guidance document to the extent practicable.
       (4) Reissuance.--If a guidance document is not incorporated 
     into the applicable regulations under paragraph (3), the 
     Secretary shall--
       (A) reissue an updated guidance document; and
       (B) review and reissue an updated guidance document every 5 
     years during the comprehensive review process under 
     subsection (c) until the date that the guidance document is 
     removed or incorporated into the applicable regulations under 
     paragraph (3) of this subsection.
       (b) Update.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall review 
     regulations, guidance, and enforcement policies published on 
     the Department of Transportation's public website to ensure 
     the

[[Page H7461]]

     regulations, guidance, and enforcement policies are current, 
     readily accessible to the public, and meet the standards 
     under subsection (c)(1).
       (c) Review.--
       (1) In general.--Subject to paragraph (2), not less than 
     once every 5 years, the Administrator of the Federal Motor 
     Carrier Safety Administration shall conduct a comprehensive 
     review of its guidance and enforcement policies to determine 
     whether--
       (A) the guidance and enforcement policies are consistent 
     and clear;
       (B) the guidance is uniformly and consistently enforceable; 
     and
       (C) the guidance is still necessary.
       (2) Notice and comment.--Prior to beginning the review, the 
     Administrator shall publish in the Federal Register a notice 
     and request for comment soliciting input from stakeholders on 
     which regulations should be updated or eliminated.
       (3) Prioritization of outstanding petitions.--As part of 
     the review under paragraph (1), the Administrator shall 
     prioritize consideration of each outstanding petition (as 
     defined in section 32304(b) of this Act) submitted by a 
     stakeholder for rulemaking.
       (4) Report.--
       (A) In general.--Not later than 60 days after the date that 
     a review under paragraph (1) is complete, the Administrator 
     shall publish on the Department of Transportation's public 
     website a report detailing the review and a full inventory of 
     guidance and enforcement policies.
       (B) Inclusions.--The report under subparagraph (A) of this 
     paragraph shall include a summary of the response of the 
     Federal Motor Carrier Safety Administration to each comment 
     received under paragraph (2) indicating each request the 
     Federal Motor Carrier Safety Administration is granting.

     SEC. 32304. PETITIONS.

       (a) In General.--The Administrator of the Federal Motor 
     Carrier Safety Administration shall--
       (1) publish on the Department of Transportation's public 
     website all petitions for regulatory action submitted;
       (2) prioritize stakeholder petitions based on the 
     likelihood of providing safety improvements;
       (3) formally respond to each petition by indicating whether 
     the Administrator will accept, deny, or further review, the 
     petition not later than 180 days after the date the petition 
     is published under paragraph (1);
       (4) prioritize resulting actions consistent with an 
     action's potential to reduce crashes, improve enforcement, 
     and reduce unnecessary burdens; and
       (5) not later than 60 days after the date of receipt, 
     publish, and update as necessary, on the Department of 
     Transportation's public website an inventory of the petitions 
     described in paragraph (1), including any applicable 
     disposition information for that petition.
       (b) Definition of Petition.--In this section, the term 
     ``petition'' means a request for new regulations, regulatory 
     interpretations or clarifications, or retrospective review of 
     regulations to eliminate or modify obsolete, ineffective, or 
     overly-burdensome rules.

     SEC. 32305. REGULATORY REFORM.

       (a) Regulatory Impact Analysis.--
       (1) In general.--Within each regulatory impact analysis of 
     a proposed or final rule issued by the Federal Motor Carrier 
     Safety Administration, the Secretary shall whenever 
     practicable--
       (A) consider effects of the proposed or final rule on a 
     carrier with differing characteristics; and
       (B) formulate estimates and findings on the best available 
     science.
       (2) Scope.--To the extent feasible and appropriate, and 
     consistent with law, the analysis described in paragraph (1) 
     shall--
       (A) use data generated from a representative sample of 
     commercial vehicle operators, motor carriers, or both, that 
     will be covered under the proposed or final rule; and
       (B) consider effects on commercial truck and bus carriers 
     of various sizes and types.
       (b) Public Participation.--
       (1) In general.--Before promulgating a proposed rule under 
     part B of subtitle VI of title 49, United States Code, if the 
     proposed rule is likely to lead to the promulgation of a 
     major rule the Secretary shall--
       (A) issue an advance notice of proposed rulemaking; or
       (B) determine to proceed with a negotiated rulemaking.
       (2) Requirements.--Each advance notice of proposed 
     rulemaking issued under paragraph (1) shall--
       (A) identify the compelling public concern for a potential 
     regulatory action, such as failures of private markets to 
     protect or improve the safety of the public, the environment, 
     or the well-being of the American people;
       (B) identify and request public comment on the best 
     available science or technical information on the need for 
     regulatory action and on the potential regulatory 
     alternatives;
       (C) request public comment on the benefits and costs of 
     potential regulatory alternatives reasonably likely to be 
     included or analyzed as part of the notice of proposed 
     rulemaking; and
       (D) request public comment on the available alternatives to 
     direct regulation, including providing economic incentives to 
     encourage the desired behavior.
       (3) Waiver.--This subsection shall not apply when the 
     Secretary, for good cause, finds (and incorporates the 
     finding and a brief statement of reasons for such finding in 
     the proposed or final rule) an advance notice of proposed 
     rulemaking impracticable, unnecessary, or contrary to the 
     public interest.
       (c) Savings Clause.--Nothing in this section may be 
     construed to limit the contents of any Advance Notice of 
     Proposed Rulemaking.

                     Subtitle D--State Authorities

     SEC. 32401. EMERGENCY ROUTE WORKING GROUP.

       (a) In General.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     working group to determine best practices for expeditious 
     State approval of special permits for vehicles involved in 
     emergency response and recovery.
       (2) Members.--The working group shall include 
     representatives from--
       (A) State highway transportation departments or agencies;
       (B) relevant modal agencies within the Department of 
     Transportation;
       (C) emergency response or recovery experts;
       (D) relevant safety groups; and
       (E) persons affected by special permit restrictions during 
     emergency response and recovery efforts.
       (b) Considerations.--In determining best practices under 
     subsection (a), the working group shall consider whether--
       (1) hurdles currently exist that prevent the expeditious 
     State approval for special permits for vehicles involved in 
     emergency response and recovery;
       (2) it is possible to pre-identify and establish emergency 
     routes between States through which infrastructure repair 
     materials could be delivered following a natural disaster or 
     an emergency;
       (3) a State could pre-designate an emergency route 
     identified under paragraph (1) as a certified emergency route 
     if a motor vehicle that exceeds the otherwise applicable 
     Federal and State truck length or width limits may safely 
     operate along such route during period of emergency recovery; 
     and
       (4) an online map could be created to identify each pre-
     designated emergency route under paragraph (2), including 
     information on specific limitations, obligations, and 
     notification requirements along that route.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall submit to the 
     Secretary a report of its findings under this section and any 
     recommendations for the implementation of the best practices 
     for expeditious State approval of special permits for 
     vehicles involved in emergency recovery. Upon receipt, the 
     Secretary shall publish the report on a public website.
       (d) Federal Advisory Committee Act Exemption.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     working group established under this section.

     SEC. 32402. ADDITIONAL STATE AUTHORITY.

       Notwithstanding any other provision of law, not later than 
     180 days after the date of enactment of this Act, any State 
     impacted by section 4006 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2148) shall be provided the option to update the 
     routes listed in the final list as long as the update shifts 
     routes to divided highways or does not increase centerline 
     miles by more than 5 percent and the change is expected to 
     increase safety performance.

     SEC. 32403. COMMERCIAL DRIVER ACCESS.

       (a) Interstate Compact Pilot Program.--
       (1) In general.--The Administrator of the Federal Motor 
     Carrier Safety Administration may establish a 6-year pilot 
     program to study the feasibility, benefits, and safety 
     impacts of allowing a licensed driver between the ages of 18 
     and 21 to operate a commercial motor vehicle in interstate 
     commerce.
       (2) Interstate compacts.--The Secretary shall allow States, 
     including the District of Columbia, to enter into an 
     interstate compact with contiguous States to allow a licensed 
     driver between the ages of 18 and 21 to operate a motor 
     vehicle across the applicable State lines. The Secretary 
     shall approve as many as 3 interstate compacts, with no more 
     than 4 States per compact participating in each interstate 
     compact.
       (3) Mutual recognition of licenses.--A valid intrastate 
     commercial driver's licenses issued by a State participating 
     in an interstate compact under paragraph (2) shall be 
     recognized as valid not more than 100 air miles from the 
     border of the driver's State of licensure in each State that 
     is participating in that interstate compact.
       (4) Standards.--In developing an interstate compact under 
     this subsection, participating States shall provide for 
     minimum licensure standards acceptable for interstate travel 
     under this section, which may include, for a licensed driver 
     between the ages of 18 and 21 participating in the pilot 
     program--
       (A) age restrictions;
       (B) distance from origin (measured in air miles);
       (C) reporting requirements; or
       (D) additional hours of service restrictions.
       (5) Limitations.--An interstate compact under paragraph (2) 
     may not permit special configuration or hazardous cargo 
     operations to be transported by a licensed driver under the 
     age of 21.
       (6) Additional requirements.--The Secretary may--
       (A) prescribe such additional requirements, including 
     training, for a licensed driver between the ages of 18 and 21 
     participating in the pilot program as the Secretary considers 
     necessary; and
       (B) provide risk mitigation restrictions and limitations.
       (b) Approval.--An interstate compact under subsection 
     (a)(2) may not go into effect until it has been approved by 
     the governor of each State (or the Mayor of the District of 
     Columbia, if applicable) that is a party to the interstate 
     compact, after consultation with the Secretary of 
     Transportation and the Administrator of the Federal Motor 
     Carrier Safety Administration.

[[Page H7462]]

       (c) Data Collection.--The Secretary shall collect and 
     analyze data relating to accidents (as defined in section 
     390.5 of title 49, Code of Federal Regulations) in which a 
     driver under the age of 21 participating in the pilot program 
     is involved.
       (d) Report.--Beginning 3 years after the date the first 
     compact is established and approved, the Secretary shall 
     submit to Congress a report containing the data collection 
     and findings of the pilot program, a determination of whether 
     a licensed driver between the ages of 18 and 21 can operate a 
     commercial motor vehicle in interstate commerce with an 
     equivalent level of safety, and the reasons for that 
     determination. The Secretary may extend the air mileage 
     requirements under subsection (a)(3) to expand operation 
     areas and gather additional data for analysis.
       (e) Termination.--The Secretary may terminate the pilot 
     program if the data collected under subsection (c) indicates 
     that drivers under the age of 21 do not operate in interstate 
     commerce with an equivalent level of safety of those drivers 
     age 21 and over.

          Subtitle E--Motor Carrier Safety Grant Consolidation

     SEC. 32501. DEFINITIONS.

       (a) In General.--Section 31101 is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) `Secretary' means the Secretary of Transportation.''.
       (b) Technical and Conforming Amendments.--Section 31101, as 
     amended by subsection (a), is amended--
       (1) in paragraph (1)(B), by inserting a comma after 
     ``passengers''; and
       (2) in paragraph (1)(C), by striking ``of Transportation''.

     SEC. 32502. GRANTS TO STATES.

       (a) Motor Carrier Safety Assistance Program.--Section 31102 
     is amended to read as follows:

     ``Sec. 31102. Motor Carrier Safety Assistance Program

       ``(a) In General.--The Secretary shall administer a motor 
     carrier safety assistance program funded under section 31104.
       ``(b) Goal.--The goal of the program is to ensure that the 
     Secretary, States, local governments, other political 
     jurisdictions, federally-recognized Indian tribes, and other 
     persons work in partnership to establish programs to improve 
     motor carrier, commercial motor vehicle, and driver safety to 
     support a safe and efficient surface transportation system--
       ``(1) by making targeted investments to promote safe 
     commercial motor vehicle transportation, including the 
     transportation of passengers and hazardous materials;
       ``(2) by investing in activities likely to generate maximum 
     reductions in the number and severity of commercial motor 
     vehicle crashes and fatalities resulting from such crashes;
       ``(3) by adopting and enforcing effective motor carrier, 
     commercial motor vehicle, and driver safety regulations and 
     practices consistent with Federal requirements; and
       ``(4) by assessing and improving statewide performance by 
     setting program goals and meeting performance standards, 
     measures, and benchmarks.
       ``(c) State Plans.--
       ``(1) In general.--The Secretary shall prescribe procedures 
     for a State to submit a multiple-year plan, and annual 
     updates thereto, under which the State agrees to assume 
     responsibility for improving motor carrier safety, adopting 
     and enforcing compatible regulations, standards, and orders 
     of the Federal Government on commercial motor vehicle safety 
     and hazardous materials transportation safety.
       ``(2) Contents.--The Secretary shall approve a plan if the 
     Secretary determines that the plan is adequate to comply with 
     the requirements of this section, and the plan--
       ``(A) implements performance-based activities, including 
     deployment and maintenance of technology to enhance the 
     efficiency and effectiveness of commercial motor vehicle 
     safety programs;
       ``(B) designates a lead State commercial motor vehicle 
     safety agency responsible for administering the plan 
     throughout the State;
       ``(C) contains satisfactory assurances that the lead State 
     commercial motor vehicle safety agency has or will have the 
     legal authority, resources, and qualified personnel necessary 
     to enforce the regulations, standards, and orders;
       ``(D) contains satisfactory assurances that the State will 
     devote adequate resources to the administration of the plan 
     and enforcement of the regulations, standards, and orders;
       ``(E) provides a right of entry and inspection to carry out 
     the plan;
       ``(F) provides that all reports required under this section 
     be available to the Secretary on request;
       ``(G) provides that the lead State commercial motor vehicle 
     safety agency will adopt the reporting requirements and use 
     the forms for recordkeeping, inspections, and investigations 
     that the Secretary prescribes;
       ``(H) requires all registrants of commercial motor vehicles 
     to demonstrate knowledge of applicable safety regulations, 
     standards, and orders of the Federal Government and the 
     State;
       ``(I) provides that the State will grant maximum 
     reciprocity for inspections conducted under the North 
     American Inspection Standards through the use of a 
     nationally-accepted system that allows ready identification 
     of previously inspected commercial motor vehicles;
       ``(J) ensures that activities described in subsection (h), 
     if financed through grants to the State made under this 
     section, will not diminish the effectiveness of the 
     development and implementation of the programs to improve 
     motor carrier, commercial motor vehicle, and driver safety as 
     described in subsection (b);
       ``(K) ensures that the lead State commercial motor vehicle 
     safety agency will coordinate the plan, data collection, and 
     information systems with the State highway safety improvement 
     program required under section 148(c) of title 23;
       ``(L) ensures participation in appropriate Federal Motor 
     Carrier Safety Administration information technology and data 
     systems and other information systems by all appropriate 
     jurisdictions receiving Motor Carrier Safety Assistance 
     Program funding;
       ``(M) ensures that information is exchanged among the 
     States in a timely manner;
       ``(N) provides satisfactory assurances that the State will 
     undertake efforts that will emphasize and improve enforcement 
     of State and local traffic safety laws and regulations 
     related to commercial motor vehicle safety;
       ``(O) provides satisfactory assurances in the plan that the 
     State will address national priorities and performance goals, 
     including--
       ``(i) activities aimed at removing impaired commercial 
     motor vehicle drivers from the highways of the United States 
     through adequate enforcement of regulations on the use of 
     alcohol and controlled substances and by ensuring ready 
     roadside access to alcohol detection and measuring equipment;
       ``(ii) activities aimed at providing an appropriate level 
     of training to State motor carrier safety assistance program 
     officers and employees on recognizing drivers impaired by 
     alcohol or controlled substances; and
       ``(iii) when conducted with an appropriate commercial motor 
     vehicle inspection, criminal interdiction activities, and 
     appropriate strategies for carrying out those interdiction 
     activities, including interdiction activities that affect the 
     transportation of controlled substances (as defined under 
     section 102 of the Comprehensive Drug Abuse Prevention and 
     Control Act of 1970 (21 U.S.C. 802) and listed in part 1308 
     of title 21, Code of Federal Regulations, as updated and 
     republished from time to time) by any occupant of a 
     commercial motor vehicle;
       ``(P) provides that the State has established and dedicated 
     sufficient resources to a program to ensure that--
       ``(i) the State collects and reports to the Secretary 
     accurate, complete, and timely motor carrier safety data; and
       ``(ii) the State participates in a national motor carrier 
     safety data correction system prescribed by the Secretary;
       ``(Q) ensures that the State will cooperate in the 
     enforcement of financial responsibility requirements under 
     sections 13906, 31138, and 31139 of this title, and 
     regulations issued under these sections;
       ``(R) ensures consistent, effective, and reasonable 
     sanctions;
       ``(S) ensures that roadside inspections will be conducted 
     at locations that are adequate to protect the safety of 
     drivers and enforcement personnel;
       ``(T) provides that the State will include in the training 
     manuals for the licensing examination to drive both 
     noncommercial motor vehicles and commercial motor vehicles 
     information on best practices for driving safely in the 
     vicinity of noncommercial and commercial motor vehicles;
       ``(U) provides that the State will enforce the registration 
     requirements of sections 13902 and 31134 of this title by 
     prohibiting the operation of any vehicle discovered to be 
     operated by a motor carrier without a registration issued 
     under those sections or to be operated beyond the scope of 
     the motor carrier's registration;
       ``(V) provides that the State will conduct comprehensive 
     and highly visible traffic enforcement and commercial motor 
     vehicle safety inspection programs in high-risk locations and 
     corridors;
       ``(W) except in the case of an imminent hazard or obvious 
     safety hazard, ensures that an inspection of a vehicle 
     transporting passengers for a motor carrier of passengers is 
     conducted at a station, terminal, border crossing, 
     maintenance facility, destination, or other location where 
     adequate food, shelter, and sanitation facilities are 
     available for passengers, and reasonable accommodations are 
     available for passengers with disabilities;
       ``(X) ensures that the State will transmit to its roadside 
     inspectors the notice of each Federal exemption granted under 
     section 31315(b) of this title and sections 390.23 and 390.25 
     of title 49 of the Code of Federal Regulations and provided 
     to the State by the Secretary, including the name of the 
     person granted the exemption and any terms and conditions 
     that apply to the exemption;
       ``(Y) except as provided in subsection (d), provides that 
     the State--
       ``(i) will conduct safety audits of interstate and, at the 
     State's discretion, intrastate new entrant motor carriers 
     under section 31144(g) of this title; and
       ``(ii) if the State authorizes a third party to conduct 
     safety audits under section 31144(g) on its behalf, the State 
     verifies the quality of the work conducted and remains solely 
     responsible for the management and oversight of the 
     activities;
       ``(Z) provides that the State agrees to fully participate 
     in the performance and registration information system 
     management under section 31106(b) not later than October 1, 
     2020, by complying with the conditions for participation 
     under paragraph (3) of that section;
       ``(AA) provides that a State that shares a land border with 
     another country--
       ``(i) will conduct a border commercial motor vehicle safety 
     program focusing on international commerce that includes 
     enforcement and related projects; or
       ``(ii) will forfeit all funds calculated by the Secretary 
     based on border-related activities if the State declines to 
     conduct the program described in clause (i) in its plan; and

[[Page H7463]]

       ``(BB) provides that a State that meets the other 
     requirements of this section and agrees to comply with the 
     requirements established in subsection (l)(3) may fund 
     operation and maintenance costs associated with innovative 
     technology deployment under subsection (l)(3) with Motor 
     Carrier Safety Assistance Program funds authorized under 
     section 31104(a)(1).
       ``(3) Publication.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall publish each approved State multiple-year 
     plan, and each annual update thereto, on the Department of 
     Transportation's public website not later than 30 days after 
     the date the Secretary approves the plan or update.
       ``(B) Limitation.--Before posting an approved State 
     multiple-year plan or annual update under subparagraph (A), 
     the Secretary shall redact any information identified by the 
     State that, if disclosed--
       ``(i) would reasonably be expected to interfere with 
     enforcement proceedings; or
       ``(ii) would reveal enforcement techniques or procedures 
     that would reasonably be expected to risk circumvention of 
     the law.
       ``(d) Exclusion of U.S. Territories.--The requirement that 
     a State conduct safety audits of new entrant motor carriers 
     under subsection (c)(2)(Y) does not apply to a territory of 
     the United States unless required by the Secretary.
       ``(e) Intrastate Compatibility.--The Secretary shall 
     prescribe regulations specifying tolerance guidelines and 
     standards for ensuring compatibility of intrastate commercial 
     motor vehicle safety laws, including regulations, with 
     Federal motor carrier safety regulations to be enforced under 
     subsections (b) and (c). To the extent practicable, the 
     guidelines and standards shall allow for maximum flexibility 
     while ensuring a degree of uniformity that will not diminish 
     motor vehicle safety.
       ``(f) Maintenance of Effort.--
       ``(1) Baseline.--Except as provided under paragraphs (2) 
     and (3) and in accordance with section 32508 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015, a State plan under subsection (c) shall provide that 
     the total expenditure of amounts of the lead State commercial 
     motor vehicle safety agency responsible for administering the 
     plan will be maintained at a level each fiscal year at least 
     equal to--
       ``(A) the average level of that expenditure for fiscal 
     years 2004 and 2005; or
       ``(B) the level of that expenditure for the year in which 
     the Secretary implements a new allocation formula under 
     section 32508 of the Comprehensive Transportation and 
     Consumer Protection Act of 2015.
       ``(2) Adjusted baseline after fiscal year 2017.--At the 
     request of a State, the Secretary may evaluate additional 
     documentation related to the maintenance of effort and may 
     make reasonable adjustments to the maintenance of effort 
     baseline after the year in which the Secretary implements a 
     new allocation formula under section 32508 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015, and this adjusted baseline will replace the maintenance 
     of effort requirement under paragraph (1).
       ``(3) Waivers.--At the request of a State, the Secretary 
     may waive or modify the requirements of this subsection for 1 
     fiscal year if the Secretary determines that a waiver or 
     modification is reasonable, based on circumstances described 
     by the State, to ensure the continuation of commercial motor 
     vehicle enforcement activities in the State.
       ``(4) Level of state expenditures.--In estimating the 
     average level of State expenditure under paragraph (1), the 
     Secretary--
       ``(A) may allow the State to exclude State expenditures for 
     Federally-sponsored demonstration and pilot programs and 
     strike forces;
       ``(B) may allow the State to exclude expenditures for 
     activities related to border enforcement and new entrant 
     safety audits; and
       ``(C) shall require the State to exclude State matching 
     amounts used to receive Federal financing under section 
     31104.
       ``(g) Use of Unified Carrier Registration Fees Agreement.--
     Amounts generated under section 14504a of this title and 
     received by a State and used for motor carrier safety 
     purposes may be included as part of the State's match 
     required under section 31104 of this title or maintenance of 
     effort required by subsection (f) of this section.
       ``(h) Use of Grants To Enforce Other Laws.--When approved 
     in the States' plan under subsection (c), a State may use 
     Motor Carrier Safety Assistance Program funds received under 
     this section--
       ``(1) if the activities are carried out in conjunction with 
     an appropriate inspection of a commercial motor vehicle to 
     enforce Federal or State commercial motor vehicle safety 
     regulations, for--
       ``(A) enforcement of commercial motor vehicle size and 
     weight limitations at locations, excluding fixed weight 
     facilities, such as near steep grades or mountainous 
     terrains, where the weight of a commercial motor vehicle can 
     significantly affect the safe operation of the vehicle, or at 
     ports where intermodal shipping containers enter and leave 
     the United States; and
       ``(B) detection of and enforcement actions taken as a 
     result of criminal activity, including the trafficking of 
     human beings, in a commercial motor vehicle or by any 
     occupant, including the operator, of the commercial motor 
     vehicle;
       ``(2) for documented enforcement of State traffic laws and 
     regulations designed to promote the safe operation of 
     commercial motor vehicles, including documented enforcement 
     of such laws and regulations relating to noncommercial motor 
     vehicles when necessary to promote the safe operation of 
     commercial motor vehicles, if--
       ``(A) the number of motor carrier safety activities, 
     including roadside safety inspections, conducted in the State 
     is maintained at a level at least equal to the average level 
     of such activities conducted in the State in fiscal years 
     2004 and 2005; and
       ``(B) the State does not use more than 10 percent of the 
     basic amount the State receives under a grant awarded under 
     section 31104(a)(1) for enforcement activities relating to 
     noncommercial motor vehicles necessary to promote the safe 
     operation of commercial motor vehicles unless the Secretary 
     determines that a higher percentage will result in 
     significant increases in commercial motor vehicle safety; and
       ``(3) for the enforcement of household goods regulations on 
     intrastate and interstate carriers if the State has adopted 
     laws or regulations compatible with the Federal household 
     goods regulations.
       ``(i) Evaluation of Plans and Award of Grants.--
       ``(1) Awards.--The Secretary shall establish criteria for 
     the application, evaluation, and approval of State plans 
     under this section. Subject to subsection (j), the Secretary 
     may allocate the amounts made available under section 
     31104(a)(1) among the States.
       ``(2) Opportunity to cure.--If the Secretary disapproves a 
     plan under this section, the Secretary shall give the State a 
     written explanation of the reasons for disapproval and allow 
     the State to modify and resubmit the plan for approval.
       ``(j) Allocation of Funds.--
       ``(1) In general.--The Secretary, by regulation, shall 
     prescribe allocation criteria for funds made available under 
     section 31104(a)(1).
       ``(2) Annual allocations.--On October 1 of each fiscal 
     year, or as soon as practicable thereafter, and after making 
     a deduction under section 31104(c), the Secretary shall 
     allocate amounts made available in section 31104(a)(1) to 
     carry out this section for the fiscal year among the States 
     with plans approved under this section in accordance with the 
     criteria under paragraph (1).
       ``(3) Elective adjustments.--Subject to the availability of 
     funding and notwithstanding fluctuations in the data elements 
     used by the Secretary to calculate the annual allocation 
     amounts, after the creation of a new allocation formula under 
     section 32508 of the Comprehensive Transportation and 
     Consumer Protection Act of 2015 the Secretary may not make 
     elective adjustments to the allocation formula that decrease 
     a State's Federal funding levels by more than 3 percent in a 
     fiscal year. The 3 percent limit shall not apply to the 
     withholding provisions of subsection (k).
       ``(k) Plan Monitoring.--
       ``(1) In general.--On the basis of reports submitted by the 
     lead State agency responsible for administering an approved 
     State plan and an investigation by the Secretary, the 
     Secretary shall periodically evaluate State implementation of 
     and compliance with the State plan.
       ``(2) Withholding of funds.--
       ``(A) Disapproval.--If, after notice and an opportunity to 
     be heard, the Secretary finds that the State plan previously 
     approved is not being followed or has become inadequate to 
     ensure enforcement of the regulations, standards, or orders, 
     or the State is otherwise not in compliance with the 
     requirements of this section, the Secretary may withdraw 
     approval of the plan and notify the State. The plan is no 
     longer in effect once the State receives notice, and the 
     Secretary shall withhold all funding under this section.
       ``(B) Noncompliance withholding.--In lieu of withdrawing 
     approval of the plan, the Secretary may, after providing 
     notice and an opportunity to be heard, withhold funding from 
     the State to which the State would otherwise be entitled 
     under this section for the period of the State's 
     noncompliance. In exercising this option, the Secretary may 
     withhold--
       ``(i) up to 5 percent of funds during the fiscal year that 
     the Secretary notifies the State of its noncompliance;
       ``(ii) up to 10 percent of funds for the first full fiscal 
     year of noncompliance;
       ``(iii) up to 25 percent of funds for the second full 
     fiscal year of noncompliance; and
       ``(iv) not more than 50 percent of funds for the third and 
     any subsequent full fiscal year of noncompliance.
       ``(3) Judicial review.--A State adversely affected by a 
     determination under paragraph (2) may seek judicial review 
     under chapter 7 of title 5. Notwithstanding the disapproval 
     of a State plan under paragraph (2)(A) or the withholding 
     under paragraph (2)(B), the State may retain jurisdiction in 
     an administrative or a judicial proceeding that commenced 
     before the notice of disapproval or withholding if the issues 
     involved are not related directly to the reasons for the 
     disapproval or withholding.
       ``(l) High Priority Financial Assistance Program.--
       ``(1) In general.--The Secretary shall administer a high 
     priority financial assistance program funded under section 
     31104 for the purposes described in paragraphs (2) and (3).
       ``(2) Activities related to motor carrier safety.--The 
     purpose of this paragraph is to make discretionary grants to 
     and cooperative agreements with States, local governments, 
     federally-recognized Indian tribes, other political 
     jurisdictions as necessary, and any person to carry out high 
     priority activities and projects that augment motor carrier 
     safety activities and projects planned in accordance with 
     subsections (b) and (c), including activities and projects 
     that--
       ``(A) increase public awareness and education on commercial 
     motor vehicle safety;
       ``(B) target unsafe driving of commercial motor vehicles 
     and non-commercial motor vehicles in areas identified as high 
     risk crash corridors;
       ``(C) support the enforcement of State household goods 
     regulations on intrastate and interstate carriers if the 
     State has adopted laws or

[[Page H7464]]

     regulations compatible with the Federal household good laws;
       ``(D) improve the safe and secure movement of hazardous 
     materials;
       ``(E) improve safe transportation of goods and persons in 
     foreign commerce;
       ``(F) demonstrate new technologies to improve commercial 
     motor vehicle safety;
       ``(G) support participation in performance and registration 
     information systems management under section 31106(b)--
       ``(i) for entities not responsible for submitting the plan 
     under subsection (c); or
       ``(ii) for entities responsible for submitting the plan 
     under subsection (c)--

       ``(I) before October 1, 2020, to achieve compliance with 
     the requirements of participation; and
       ``(II) beginning on October 1, 2020, or once compliance is 
     achieved, whichever is sooner, for special initiatives or 
     projects that exceed routine operations required for 
     participation;

       ``(H) conduct safety data improvement projects--
       ``(i) that complete or exceed the requirements under 
     subsection (c)(2)(P) for entities not responsible for 
     submitting the plan under subsection (c); or
       ``(ii) that exceed the requirements under subsection 
     (c)(2)(P) for entities responsible for submitting the plan 
     under subsection (c); and
       ``(I) otherwise improve commercial motor vehicle safety and 
     compliance with commercial motor vehicle safety regulations.
       ``(3) Innovative technology deployment grant program.--
       ``(A) In general.--The Secretary shall establish an 
     innovative technology deployment grant program to make 
     discretionary grants funded under section 31104(a)(2) to 
     eligible States for the innovative technology deployment of 
     commercial motor vehicle information systems and networks.
       ``(B) Purposes.--The purposes of the program shall be--
       ``(i) to advance the technological capability and promote 
     the deployment of intelligent transportation system 
     applications for commercial motor vehicle operations, 
     including commercial motor vehicle, commercial driver, and 
     carrier-specific information systems and networks; and
       ``(ii) to support and maintain commercial motor vehicle 
     information systems and networks--

       ``(I) to link Federal motor carrier safety information 
     systems with State commercial motor vehicle systems;
       ``(II) to improve the safety and productivity of commercial 
     motor vehicles and drivers; and
       ``(III) to reduce costs associated with commercial motor 
     vehicle operations and Federal and State commercial vehicle 
     regulatory requirements.

       ``(C) Eligibility.--To be eligible for a grant under this 
     paragraph, a State shall--
       ``(i) have a commercial motor vehicle information systems 
     and networks program plan approved by the Secretary that 
     describes the various systems and networks at the State level 
     that need to be refined, revised, upgraded, or built to 
     accomplish deployment of commercial motor vehicle information 
     systems and networks capabilities;
       ``(ii) certify to the Secretary that its commercial motor 
     vehicle information systems and networks deployment 
     activities, including hardware procurement, software and 
     system development, and infrastructure modifications--

       ``(I) are consistent with the national intelligent 
     transportation systems and commercial motor vehicle 
     information systems and networks architectures and available 
     standards; and
       ``(II) promote interoperability and efficiency to the 
     extent practicable; and

       ``(iii) agree to execute interoperability tests developed 
     by the Federal Motor Carrier Safety Administration to verify 
     that its systems conform with the national intelligent 
     transportation systems architecture, applicable standards, 
     and protocols for commercial motor vehicle information 
     systems and networks.
       ``(D) Use of funds.--Grant funds may be used--
       ``(i) for deployment activities and activities to develop 
     new and innovative advanced technology solutions that support 
     commercial motor vehicle information systems and networks;
       ``(ii) for planning activities, including the development 
     or updating of program or top level design plans in order to 
     become eligible or maintain eligibility under subparagraph 
     (C); and
       ``(iii) for the operation and maintenance costs associated 
     with innovative technology.
       ``(E) Secretary authorization.--The Secretary is authorized 
     to award a State funding for the operation, and maintenance 
     costs associated with innovative technology deployment with 
     funds made available under both sections 31104(a)(1) and 
     31104(a)(2) of this title.''.
       (b) Commercial Motor Vehicle Operators Grant Program.--
     Section 31103 is amended to read as follows:

     ``Sec. 31103. Commercial Motor Vehicle Operators Grant 
       Program

       ``(a) In General.--The Secretary shall administer a 
     commercial motor vehicle operators grant program funded under 
     section 31104.
       ``(b) Purpose.--The purpose of the grant program is to 
     train individuals in the safe operation of commercial motor 
     vehicles (as defined in section 31301).''.
       (c) Authorization of Appropriations.--Section 31104 is 
     amended to read as follows:

     ``Sec. 31104. Authorization of appropriations

       ``(a) Financial Assistance Programs.--The following sums 
     are authorized to be appropriated from the Highway Trust Fund 
     for the following Federal Motor Carrier Safety Administration 
     Financial Assistance Programs:
       ``(1) Motor carrier safety assistance program.--Subject to 
     paragraph (2) of this subsection and subsection (c) of this 
     section, to carry out section 31102--
       ``(A) $295,636,000 for fiscal year 2017;
       ``(B) $301,845,000 for fiscal year 2018;
       ``(C) $308,183,000 for fiscal year 2019;
       ``(D) $314,655,000 for fiscal year 2020; and
       ``(E) $321,263,000 for fiscal year 2021.
       ``(2) High priority activities financial assistance 
     program.--Subject to subsection (c), to make grants and 
     cooperative agreements under section 31102(l) of this title, 
     the Secretary may set aside from amounts made available under 
     paragraph (1) of this subsection up to--
       ``(A) $42,323,000 for fiscal year 2017;
       ``(B) $43,212,000 for fiscal year 2018;
       ``(C) $44,119,000 for fiscal year 2019;
       ``(D) $45,046,000 for fiscal year 2020; and
       ``(E) $45,992,000 for fiscal year 2021.
       ``(3) Commercial motor vehicle operators grant program.--To 
     carry out section 31103--
       ``(A) $1,000,000 for fiscal year 2017;
       ``(B) $1,000,000 for fiscal year 2018;
       ``(C) $1,000,000 for fiscal year 2019;
       ``(D) $1,000,000 for fiscal year 2020; and
       ``(E) $1,000,000 for fiscal year 2021.
       ``(4) Commercial driver's license program implementation 
     financial assistance program.--Subject to subsection (c), to 
     carry out section 31313--
       ``(A) $31,273,000 for fiscal year 2017;
       ``(B) $31,930,000 for fiscal year 2018;
       ``(C) $32,600,000 for fiscal year 2019;
       ``(D) $33,285,000 for fiscal year 2020; and
       ``(E) $33,984,000 for fiscal year 2021.
       ``(b) Reimbursement and Payment to Recipients for 
     Government Share of Costs.--
       ``(1) In general.--Amounts made available under subsection 
     (a) shall be used to reimburse financial assistance 
     recipients proportionally for the Federal Government's share 
     of the costs incurred.
       ``(2) Reimbursement amounts.--The Secretary shall reimburse 
     a recipient, in accordance with a financial assistance 
     agreement made under section 31102, 31103, or 31313, an 
     amount that is at least 85 percent of the costs incurred by 
     the recipient in a fiscal year in developing and implementing 
     programs under these sections. The Secretary shall pay the 
     recipient an amount not more than the Federal Government 
     share of the total costs approved by the Federal Government 
     in the financial assistance agreement. The Secretary shall 
     include a recipient's in-kind contributions in determining 
     the reimbursement.
       ``(3) Vouchers.--Each recipient shall submit vouchers at 
     least quarterly for costs the recipient incurs in developing 
     and implementing programs under section 31102, 31103, or 
     31313.
       ``(c) Deductions for Partner Training and Program 
     Support.--On October 1 of each fiscal year, or as soon after 
     that date as practicable, the Secretary may deduct from 
     amounts made available under paragraphs (1), (2), and (4) of 
     subsection (a) for that fiscal year not more than 1.50 
     percent of those amounts for partner training and program 
     support in that fiscal year. The Secretary shall use at least 
     75 percent of those deducted amounts to train non-Federal 
     Government employees and to develop related training 
     materials in carrying out these programs.
       ``(d) Grants and Cooperative Agreements as Contractual 
     Obligations.--The approval of a financial assistance 
     agreement by the Secretary under section 31102, 31103, or 
     31313 is a contractual obligation of the Federal Government 
     for payment of the Federal Government's share of costs in 
     carrying out the provisions of the grant or cooperative 
     agreement.
       ``(e) Eligible Activities.--The Secretary shall establish 
     criteria for eligible activities to be funded with financial 
     assistance agreements under this section and publish those 
     criteria in a notice of funding availability before the 
     financial assistance program application period.
       ``(f) Period of Availability of Financial Assistance 
     Agreement Funds for Recipient Expenditures.--
       ``(1) In general.--The period of availability for a 
     recipient to expend a grant or cooperative agreement 
     authorized under subsection (a) is as follows:
       ``(A) For grants made for carrying out section 31102, other 
     than section 31102(l), for the fiscal year in which it is 
     obligated and for the next fiscal year.
       ``(B) For grants or cooperative agreements made for 
     carrying out section 31102(l)(2), for the fiscal year in 
     which it is obligated and for the next 2 fiscal years.
       ``(C) For grants made for carrying out section 31102(l)(3), 
     for the fiscal year in which it is obligated and for the next 
     4 fiscal years.
       ``(D) For grants made for carrying out section 31103, for 
     the fiscal year in which it is obligated and for the next 
     fiscal year.
       ``(E) For grants or cooperative agreements made for 
     carrying out 31313, for the fiscal year in which it is 
     obligated and for the next 4 fiscal years.
       ``(2) Reobligation.--Amounts not expended by a recipient 
     during the period of availability shall be released back to 
     the Secretary for reobligation for any purpose under sections 
     31102, 31103, 31104, and 31313 in accordance with subsection 
     (i) of this section.
       ``(g) Contract Authority; Initial Date of Availability.--
     Amounts authorized from the Highway Trust Fund by this 
     section shall be available for obligation on the date of 
     their apportionment or allocation or on October 1 of the 
     fiscal year for which they are authorized, whichever occurs 
     first.
       ``(h) Availability of Funding.--Amounts made available 
     under this section shall remain available until expended.
       ``(i) Transfer of Obligation Authority.--
       ``(1) In general.--Of the contract authority authorized for 
     motor carrier safety grants, the Secretary shall have 
     authority to transfer available unobligated contract 
     authority and associated liquidating cash within or between 
     Federal

[[Page H7465]]

     financial assistance programs authorized under this section 
     and make new Federal financial assistance awards under this 
     section.
       ``(2) Cost estimates.--Of the funds transferred, the 
     contract authority and associated liquidating cash or 
     obligations and expenditures stemming from Federal financial 
     assistance awards made with this contract authority shall not 
     be scored as new obligations by the Office of Management and 
     Budget or by the Secretary.
       ``(3) No limitation on total of obligations.--
     Notwithstanding any other provision of law, no limitation on 
     the total of obligations for Federal financial assistance 
     programs carried out by the Federal Motor Carrier Safety 
     Administration under this section shall apply to unobligated 
     funds transferred under this subsection.''.
       (d) Technical and Conforming Amendments.--
       (1) Safety fitness of owners and operator; safety reviews 
     of new operators.--Section 31144(g) is amended by striking 
     paragraph (5).
       (2) Information systems; performance and registration 
     information program.--Section 31106(b) is amended by striking 
     paragraph (4).
       (3) Border enforcement grants.--Section 31107 is repealed.
       (4) Performance and registration information system 
     management.--Section 31109 is repealed.
       (5) Table of contents.--The table of contents of chapter 
     311 is amended--
       (A) by striking the items relating to 31107 and 31109; and
       (B) by striking the items relating to sections 31102, 
     31103, and 31104 and inserting the following:

``31102. Motor Carrier Safety Assistance Program.
``31103. Commercial Motor Vehicle Operators Grant Program.
``31104. Authorization of appropriations.''.
       (6) Grants for commercial driver's license program 
     implementation.--Section 31313(a), as amended by section 
     32506 of this Act, is further amended by striking ``The 
     Secretary of Transportation shall administer a financial 
     assistance program for commercial driver's license program 
     implementation for the purposes described in paragraphs (1) 
     and (2)'' and inserting ``The Secretary of Transportation 
     shall administer a financial assistance program for 
     commercial driver's license program implementation funded 
     under section 31104 of this title for the purposes described 
     in paragraphs (1) and (2)''.
       (7) Commercial vehicle information systems and networks 
     deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 
     note) is repealed.
       (8) Safety data improvement program.--Section 4128 of 
     SAFETEA-LU (49 U.S.C. 31100 note) is repealed.
       (9) Grant program for commercial motor vehicle operators.--
     Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note) is 
     repealed.
       (10) Winter home heating oil delivery state flexibility 
     program.--Section 346 of National Highway System Designation 
     Act of 1995 (49 U.S.C. 31166 note) is repealed.
       (11) Maintenance of effort as condition on grants to 
     states.--Section 103(c) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
       (12) State compliance with cdl requirements.--Section 
     103(e) of the Motor Carrier Safety Improvement Act of 1999 
     (49 U.S.C. 31102 note) is repealed.
       (13) Border staffing standards.--Section 218(d) of the 
     Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 
     note) is amended--
       (A) in paragraph (1), by striking ``under section 
     31104(f)(2)(B) of title 49, United States Code'' and 
     inserting ``section 31104(a)(1) of title 49, United States 
     Code''; and
       (B) by striking paragraph (3).
       (e) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2016.
       (f) Transition.--Notwithstanding the amendments made by 
     this section, the Secretary shall carry out sections 31102, 
     31103, 31104 of title 49, United States Code, and any 
     sections repealed under subsection (d) of this section, as 
     necessary, as those sections were in effect on the day before 
     October 1, 2016, with respect to applications for grants, 
     cooperative agreements, or contracts under those sections 
     submitted before October 1, 2016.

     SEC. 32503. NEW ENTRANT SAFETY REVIEW PROGRAM STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Office of Inspector General of the 
     Department of Transportation shall report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure in the House 
     of Representatives on its assessment of the new operator 
     safety review program, required under section 31144(g) of 
     title 49, United States Code, including the program's 
     effectiveness in reducing commercial motor vehicles involved 
     in crashes, fatalities, and injuries, and in improving 
     commercial motor vehicle safety.
       (b) Report.--Not later than 90 days after completion of the 
     report under subsection (a), the Secretary shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     in the House of Representatives a report on the actions the 
     Secretary will take to address any recommendations included 
     in the study under subsection (a).
       (c) Paperwork Reduction Act of 1995; Exception.--The study 
     and the Office of the Inspector General assessment shall not 
     be subject to section 3506 or section 3507 of title 44, 
     United States Code.

     SEC. 32504. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS 
                   MANAGEMENT.

       Section 31106(b) is amended in the heading by striking 
     ``Program'' and inserting ``Systems Management''.

     SEC. 32505. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subchapter I of chapter 311 is amended by 
     adding at the end the following:

     ``Sec. 31110. Authorization of appropriations

       ``(a) Administrative Expenses.--There are authorized to be 
     appropriated from the Highway Trust Fund (other than the Mass 
     Transit Account) for the Secretary of Transportation to pay 
     administrative expenses of the Federal Motor Carrier Safety 
     Administration--
       ``(1) $264,439,000 for fiscal year 2016;
       ``(2) $269,992,000 for fiscal year 2017;
       ``(3) $275,662,000 for fiscal year 2018;
       ``(4) $281,451,000 for fiscal year 2019;
       ``(5) $287,361,000 for fiscal year 2020; and
       ``(6) $293,396,000 for fiscal year 2021.
       ``(b) Use of Funds.--The funds authorized by this section 
     shall be used--
       ``(1) for personnel costs;
       ``(2) for administrative infrastructure;
       ``(3) for rent;
       ``(4) for information technology;
       ``(5) for programs for research and technology, information 
     management, regulatory development, the administration of the 
     performance and registration information systems management;
       ``(6) for programs for outreach and education under 
     subsection (d);
       ``(7) to fund the motor carrier safety facility working 
     capital fund established under subsection (c);
       ``(8) for other operating expenses;
       ``(9) to conduct safety reviews of new operators; and
       ``(10) for such other expenses as may from time to time 
     become necessary to implement statutory mandates of the 
     Federal Motor Carrier Safety Administration not funded from 
     other sources.
       ``(c) Motor Carrier Safety Facility Working Capital Fund.--
       ``(1) In general.--The Secretary may establish a motor 
     carrier safety facility working capital fund.
       ``(2) Purpose.--Amounts in the fund shall be available for 
     modernization, construction, leases, and expenses related to 
     vacating, occupying, maintaining, and expanding motor carrier 
     safety facilities, and associated activities.
       ``(3) Availability.--Amounts in the fund shall be available 
     without regard to fiscal year limitation.
       ``(4) Funding.--Amounts may be appropriated to the fund 
     from the amounts made available in subsection (a).
       ``(5) Fund transfers.--The Secretary may transfer funds to 
     the working capital fund from the amounts made available in 
     subsection (a) or from other funds as identified by the 
     Secretary.
       ``(d) Outreach and Education Program.--
       ``(1) In general.--The Secretary may conduct, through any 
     combination of grants, contracts, cooperative agreements, or 
     other activities, an internal and external outreach and 
     education program to be administered by the Administrator of 
     the Federal Motor Carrier Safety Administration.
       ``(2) Federal share.--The Federal share of an outreach and 
     education program for which a grant, contract, or cooperative 
     agreement is made under this subsection may be up to 100 
     percent of the cost of the grant, contract, or cooperative 
     agreement.
       ``(3) Funding.--From amounts made available in subsection 
     (a), the Secretary shall make available such sums as are 
     necessary to carry out this subsection each fiscal year.
       ``(e) Contract Authority; Initial Date of Availability.--
     Amounts authorized from the Highway Trust Fund by this 
     section shall be available for obligation on the date of 
     their apportionment or allocation or on October 1 of the 
     fiscal year for which they are authorized, whichever occurs 
     first.
       ``(f) Funding Availability.--Amounts made available under 
     this section shall remain available until expended.
       ``(g) Contractual Obligation.--The approval of funds by the 
     Secretary under this section is a contractual obligation of 
     the Federal Government for payment of the Federal 
     Government's share of costs.''.
       (b) Technical and Conforming Amendments.--
       (1) Administrative expenses; authorization of 
     appropriations.--Section 31104 is amended--
       (A) by striking subsection (i); and
       (B) by redesignating subsections (j) and (k) and 
     subsections (i) and (j), respectively.
       (2) Use of amounts made available under subsection (i).--
     Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is 
     amended by striking ``section 31104(i)'' and inserting 
     ``section 31110''.
       (3) Internal cooperation.--Section 31161 is amended by 
     striking ``31104(i)'' and inserting ``31110''.
       (4) SAFETEA-LU; outreach and education.--Section 4127 of 
     SAFETEA-LU (119 Stat. 1741; Public Law 109-59) is repealed.
       (5) Table of contents.--The table of contents of subchapter 
     I of chapter 311 is amended by adding at the end the 
     following:

``31110. Authorization of appropriations.''.

     SEC. 32506. COMMERCIAL DRIVER'S LICENSE PROGRAM 
                   IMPLEMENTATION.

       (a) In General.--Section 31313 is amended to read as 
     follows:

     ``Sec. 31313. Commercial driver's license program 
       implementation financial assistance program

       ``(a) In General.--The Secretary of Transportation shall 
     administer a financial assistance program for commercial 
     driver's license program implementation for the purposes 
     described in paragraphs (1) and (2).

[[Page H7466]]

       ``(1) State commercial driver's license program 
     implementation grants.--The Secretary of Transportation may 
     make a grant to a State agency in a fiscal year--
       ``(A) to comply with the requirements of section 31311;
       ``(B) in the case of a State that is making a good faith 
     effort toward substantial compliance with the requirements of 
     section 31311, to improve its implementation of its 
     commercial driver's license program, including expenses--
       ``(i) for computer hardware and software;
       ``(ii) for publications, testing, personnel, training, and 
     quality control;
       ``(iii) for commercial driver's license program 
     coordinators; and
       ``(iv) to implement or maintain a system to notify an 
     employer of an operator of a commercial motor vehicle of the 
     suspension or revocation of the operator's commercial 
     driver's license consistent with the standards developed 
     under section 32303(b) of the Commercial Motor Vehicle Safety 
     Enhancement Act of 2012 (49 U.S.C. 31304 note).
       ``(2) Priority activities.--The Secretary may make a grant 
     or cooperative agreement in a fiscal year to a State agency, 
     local government, or any person for research, development or 
     testing, demonstration projects, public education, or other 
     special activities and projects relating to commercial 
     driver's licensing and motor vehicle safety that--
       ``(A) benefit all jurisdictions of the United States;
       ``(B) address national safety concerns and circumstances;
       ``(C) address emerging issues relating to commercial 
     driver's license improvements;
       ``(D) support innovative ideas and solutions to commercial 
     driver's license program issues; or
       ``(E) address other commercial driver's license issues, as 
     determined by the Secretary.
       ``(b) Prohibitions.--A recipient may not use financial 
     assistance funds awarded under this section to rent, lease, 
     or buy land or buildings.
       ``(c) Report.--The Secretary shall issue an annual report 
     on the activities carried out under this section.
       ``(d) Apportionment.--All amounts made available to carry 
     out this section for a fiscal year shall be apportioned to a 
     State or recipient described in subsection (a)(2) according 
     to criteria prescribed by the Secretary.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents of chapter 313 is amended by striking the item 
     relating to section 31313 and inserting the following:

``31313. Commercial driver's license program implementation financial 
              assistance program.''.

     SEC. 32507. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 
                   PROGRAMS FOR FISCAL YEAR 2016.

       (a) Motor Carrier Safety Assistance Program Grant 
     Extension.--Section 31104(a) is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``and, for fiscal year 2016, sections 31102, 31107, and 31109 
     of this title and section 4128 of SAFETEA-LU (49 U.S.C. 31100 
     note)'' after ``31102'';
       (2) in paragraph (9), by striking ``and'' at the end; and
       (3) by striking paragraph (10) and inserting the following:
       ``(10) $218,000,000 for fiscal year 2015; and
       ``(11) `$259,000,000 for fiscal year 2016.''.
       (b) Extension of Grant Programs.--Section 4101(c) SAFETEA-
     LU (119 Stat. 1715; Public Law 109-59), is amended to read as 
     follows:
       ``(c) Grant Programs Funding.--There are authorized to be 
     appropriated from the Highway Trust Fund the following sums 
     for the following Federal Motor Carrier Safety Administration 
     programs:
       ``(1) Commercial driver's license program improvement 
     grants.--For carrying out the commercial driver's license 
     program improvement grants program under section 31313 of 
     title 49, United States Code, $30,000,000 for fiscal year 
     2016.
       ``(2) Border enforcement grants.--From amounts made 
     available under section 31104(a) of title 49, United States 
     Code, for border enforcement grants under section 31107 of 
     that title, $32,000,000 for fiscal year 2016.
       ``(3) Performance and registration information systems 
     management grant programs.--From amounts made available under 
     section 31104(a) of title 49, United States Code, for the 
     performance and registration information systems management 
     grant program under section 31109 of that title, $5,000,000 
     for fiscal year 2016.
       ``(4) Commercial vehicle information systems and networks 
     deployment.--For carrying out the commercial vehicle 
     information systems and networks deployment program under 
     section 4126 of this Act (the innovative technology 
     deployment program), $25,000,000, for fiscal year 2016.
       ``(5) Safety data improvement grants.--From amounts made 
     available under section 31104(a) of title 49, United States 
     Code, for safety data improvement grants under section 4128 
     of this Act, $3,000,000 for fiscal year 2016.''.
       (c) High-priority Activities.--Section 31104(j)(2), as 
     redesignated by section 32505 of this Act is amended by 
     striking ``2015'' and inserting ``2016''.
       (d) New Entrant Audits.--Section 31144(g)(5)(B) is amended 
     to read as follows:
       ``(B) Set aside.--The Secretary shall set aside from 
     amounts made available by section 31104(a) up to $32,000,000 
     for fiscal year 2016 for audits of new entrant motor carriers 
     conducted under this paragraph.''.
       (e) Grant Program for Commercial Motor Vehicle Operators.--
     Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is 
     amended to read as follows:
       ``(c) Funding.--From amounts made available under section 
     31110 of title 49, United States Code, the Secretary shall 
     make available, $1,000,000 for fiscal year 2016 to carry out 
     the commercial motor vehicle operators grant program.''.
       (f) Commercial Vehicle Information Systems and Networks 
     Deployment.--
       (1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C. 
     31106 note; 119 Stat. 1738; Public Law 109-59) is amended--
       (A) in subsection (c)--
       (i) in paragraph (2), by adding at the end the following: 
     ``Funds deobligated by the Secretary from previous year 
     grants shall not be counted towards the $2,500,000 maximum 
     aggregate amount for core deployment.''; and
       (ii) in paragraph (3), by adding at the end the following: 
     ``Funds may also be used for planning activities, including 
     the development or updating of program or top level design 
     plans.''; and
       (B) in subsection (d)(4), by adding at the end the 
     following: ``Funds may also be used for planning activities, 
     including the development or updating of program or top level 
     design plans.''.
       (2) Innovative technology deployment program.--For fiscal 
     year 2016, the commercial vehicle information systems and 
     networks deployment program under section 4126 of SAFETEA-LU 
     (119 Stat. 1738; Public Law 109-59) may also be referred to 
     as the innovative technology deployment program.

     SEC. 32508. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 
                   ALLOCATION.

       (a) Working Group.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     motor carrier safety assistance program formula working group 
     (referred to in this section as the ``working group''.
       (2) Membership.--
       (A) In general.--Subject to subparagraph (B), the working 
     group shall consist of representatives of the following:
       (i) The Federal Motor Carrier Safety Administration.
       (ii) The lead State commercial motor vehicle safety 
     agencies responsible for administering the plan required by 
     section 31102 of title 49, United States Code.
       (iii) An organization representing State agencies 
     responsible for enforcing a program for inspection of 
     commercial motor vehicles.
       (iv) Such other persons as the Secretary considers 
     necessary.
       (B) Composition.--Representatives of State commercial motor 
     vehicle safety agencies shall comprise at least 51 percent of 
     the membership.
       (3) New allocation formula.--The working group shall 
     analyze requirements and factors for a new motor carrier 
     safety assistance program allocation formula.
       (4) Recommendation.--Not later than 1 year after the date 
     the working group is established under paragraph (1), the 
     working group shall make a recommendation to the Secretary 
     regarding a new Motor Carrier Safety Assistance Program 
     allocation formula.
       (5) FACA exemption.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the working group established 
     under this subsection.
       (6) Publication.--The Administrator of the Federal Motor 
     Carrier Safety Administration shall publish on a public 
     website summaries of its meetings, and the final 
     recommendation provided to the Secretary.
       (b) Notice of Proposed Rulemaking.--After receiving the 
     recommendation under subsection (a)(4), the Secretary shall 
     publish in the Federal Register a notice seeking public 
     comment on a new allocation formula for the motor carrier 
     safety assistance program under section 31102 of title 49, 
     United States Code.
       (c) Basis for Formula.--The Secretary shall ensure that the 
     new allocation formula is based on factors that reflect, at a 
     minimum--
       (1) the relative needs of the States to comply with section 
     31102 of title 49, United States Code;
       (2) the relative administrative capacities of and 
     challenges faced by States in complying with section 31102 of 
     title 49, United States Code;
       (3) the average of each State's new entrant motor carrier 
     inventory for the 3-year period prior to the date of 
     enactment of this Act;
       (4) the number of international border inspection 
     facilities and border crossings by commercial vehicles in 
     each State; and
       (5) any other factors the Secretary considers appropriate.
       (d) Funding Amounts Prior to Development of a New 
     Allocation Formula.--
       (1) Interim formula.--Prior to the development of the new 
     allocation formula, the Secretary may calculate the interim 
     funding amounts for the motor carrier safety assistance 
     program in fiscal year 2017 (and later fiscal years, as 
     necessary) under section 31104(a)(1) of title 49, United 
     States Code, as amended by section 32502 of this Act, by the 
     following methodology:
       (A) The Secretary shall calculate the funding amount using 
     the allocation formula the Secretary used to award motor 
     carrier safety assistance program funding in fiscal year 2016 
     under section 2507 of this Act.
       (B) The Secretary shall average the funding awarded or 
     other equitable amounts to a State in fiscal years 2013, 
     2014, and 2015 for border enforcement grants awarded under 
     section 32603(c) of MAP-21 (126 Stat. 807; Public Law 112-
     141) and new entrant audit grants awarded under that section, 
     or other equitable amounts.
       (C) The Secretary shall add the amounts calculated in 
     subparagraphs (A) and (B).
       (2) Adjustments.--Subject to the availability of funding 
     and notwithstanding fluctuations in the data elements used by 
     the Secretary, the initial amounts resulting from the 
     calculation described in paragraph (1) shall be adjusted to 
     ensure that, for each State, the amount shall not

[[Page H7467]]

     be less than 97 percent of the average amount of funding 
     received or other equitable amounts in fiscal years 2013, 
     2014, and 2015 for--
       (A) motor carrier safety assistance program funds awarded 
     under section 32603(a) of MAP-21 (126 Stat. 807; Public Law 
     112-141);
       (B) border enforcement grants awarded under section 
     32603(a) of MAP-21 (126 Stat. 807; Public Law 112-141); and
       (C) new entrant audit grants awarded under section 32603(a) 
     of MAP-21 (126 Stat. 807; Public Law 112-141).
       (3) Immediate relief.--In developing the new allocation 
     formula, the Secretary shall provide immediate relief for at 
     least 3 fiscal years to all States currently subject to the 
     withholding provisions of Motor Carrier Safety Assistance 
     Program funds for matters of noncompliance.
       (4) Future withholdings.--Beginning on the date that the 
     new allocation formula is implemented, the Secretary shall 
     impose all future withholdings in accordance with section 
     31102(k) of title 49, United States Code, as amended by 
     section 32502 of this Act.
       (e) Termination of Effectiveness.--This section expires 
     upon the implementation of a new Motor Carrier Safety 
     Assistance Program Allocation Formula.

     SEC. 32509. MAINTENANCE OF EFFORT CALCULATION.

       (a) Before New Allocation Formula.--
       (1) Fiscal year 2017.--If a new allocation formula has not 
     been established for fiscal year 2017, then, for fiscal year 
     2017, the Secretary of Transportation shall calculate the 
     maintenance of effort required under section 31102(f) of 
     title 49, United States Code, as amended by section 32502 of 
     this Act, by averaging the expenditures for fiscal years 2004 
     and 2005 required by section 32601(a)(5) of MAP-21 (Public 
     Law 112-141), as that section was in effect on the day before 
     the date of enactment of this Act.
       (2) Subsequent fiscal years.--The Secretary may use the 
     methodology for calculating the maintenance of effort for 
     fiscal year 2017 and each fiscal year thereafter if a new 
     allocation formula has not been established.
       (b) Beginning With New Allocation Formation.--
       (1) In general.--Subject to paragraphs (2) and (3)(B), 
     beginning on the date that a new allocation formula is 
     established under section 2508, upon the request of a State, 
     the Secretary may modify the baseline maintenance of effort 
     required by section 31102(e) of title 49, United States Code, 
     as amended by section 32502 of this Act, for the purpose of 
     establishing a new baseline maintenance of effort if the 
     Secretary determines that a waiver or modification--
       (A) is equitable due to reasonable circumstances;
       (B) will ensure the continuation of commercial motor 
     vehicle enforcement activities in the State; and
       (C) is necessary to ensure that the total amount of State 
     maintenance of effort and matching expenditures required 
     under sections 31102 and 31104 of title 49, United States 
     Code, as amended by section 32502 of this Act, does not 
     exceed a sum greater than the average of the total amount of 
     State maintenance of effort and matching expenditures for the 
     3 fiscal years prior to the date of enactment of this Act.
       (2) Adjustment methodology.--If requested by a State, the 
     Secretary may modify the maintenance of effort baseline 
     according to the following methodology:
       (A) The Secretary shall establish the maintenance of effort 
     using the average of fiscal years 2004 and 2005, as required 
     by section 32601(a)(5) of MAP-21 (Public Law 112-141).
       (B) The Secretary shall calculate the average required 
     match by a lead State commercial motor vehicle safety agency 
     for fiscal years 2013, 2014, and 2015 for motor carrier 
     safety assistance grants established at 20 percent by section 
     31103 of title 49, United States Code, as that section was in 
     effect on the day before the date of enactment of this Act.
       (C) The Secretary shall calculate the estimated match 
     required under section 31104(b) of title 49, United States 
     Code, as amended by section 32502 of this Act.
       (D) The Secretary will subtract the amount in subparagraph 
     (B) from the amount in subparagraph (C) and--
       (i) if the number is greater than 0, then the Secretary 
     shall subtract the number from the amount in subparagraph 
     (A); or
       (ii) if the number is not greater than 0, then the 
     Secretary shall calculate the maintenance of effort using the 
     methodology in subparagraph (A).
       (3) Maintenance of effort amount.--
       (A) In general.--The Secretary shall use the amount 
     calculated in paragraph (2) as the baseline maintenance of 
     effort required in section 31102(f) of title 49, United 
     States Code, as amended by section 32502 of this Act.
       (B) Deadline.--If a State does not request a waiver or 
     modification under this subsection before September 30 during 
     the first fiscal year that the Secretary implements the new 
     allocation formula under section 32508, the Secretary shall 
     calculate the maintenance of effort using the methodology in 
     paragraph (2)(A) of this subsection.
       (4) Maintenance of effort described.--The maintenance of 
     effort calculated under this section is the amount required 
     under section 31102(f) of title 49, United States Code, as 
     amended by section 32502 of this Act.
       (c) Termination of Effectiveness.--The authority under this 
     section terminates effective on the date that the new 
     maintenance of effort is calculated based on the new 
     allocation formula implemented under section 32508.

                  Subtitle F--Miscellaneous Provisions

     SEC. 32601. WINDSHIELD TECHNOLOGY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall revise the 
     regulations in section 393.60(e) of title 49, Code of Federal 
     Regulations (relating to the prohibition on obstructions to 
     the driver's field of view) to exempt from that section the 
     voluntary mounting on a windshield of vehicle safety 
     technology likely to achieve a level of safety that is 
     equivalent to or greater than the level of safety that would 
     be achieved absent the exemption.
       (b) Definition of Vehicle Safety Technology.--In this 
     section, ``vehicle safety technology'' includes fleet-related 
     incident management system, performance or behavior 
     management system, speed management system, lane departure 
     warning system, forward collision warning or mitigation 
     system, active cruise control system, and any other 
     technology that the Secretary considers applicable.
       (c) Rule of Construction.--For purposes of this section, 
     any windshield mounted technology with a short term exemption 
     under part 381 of title 49, Code of Federal Regulations, on 
     the day before the date of enactment of this Act, shall be 
     considered likely to achieve a level of safety that is 
     equivalent to or greater than the level of safety that would 
     be achieved absent an exemption under subsection (a).

     SEC. 32602. ELECTRONIC LOGGING DEVICES REQUIREMENTS.

       Section 31137(b) is amended--
       (1) in paragraph (1)(C), by striking ``apply to'' and 
     inserting ``except as provided in paragraph (3), apply to''; 
     and
       (2) by adding at the end the following:
       ``(3) Exception.--A motor carrier, when transporting a 
     motor home or recreation vehicle trailer within the 
     definition of `driveaway-towaway operation' (as defined in 
     section 390.5 of title 49, Code of Federal Regulations) may 
     comply with the hours of service requirements by requiring 
     each driver to use--
       ``(A) a paper record of duty status form; or
       ``(B) an electronic logging device.''.

     SEC. 32603. LAPSE OF REQUIRED FINANCIAL SECURITY; SUSPENSION 
                   OF REGISTRATION.

       Section 13906(e) is amended by inserting ``or suspend'' 
     after ``revoke''.

     SEC. 32604. ACCESS TO NATIONAL DRIVER REGISTER.

       Section 30305(b) is amended by adding at the end the 
     following:
       ``(13) The Administrator of the Federal Motor Carrier 
     Safety Administration may request the chief driver licensing 
     official of a State to provide information under subsection 
     (a) of this section about an individual in connection with a 
     safety investigation under the Administrator's 
     jurisdiction.''.

     SEC. 32605. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER 
                   COMMUTING.

       (a) Effects of Commuting.--The Administrator of the Federal 
     Motor Carrier Safety Administration shall conduct a study of 
     the effects of motor carrier operator commutes exceeding 150 
     minutes commuting time on safety and commercial motor vehicle 
     driver fatigue.
       (b) Study.--In conducting the study, the Administrator 
     shall consider--
       (1) the prevalence of driver commuting in the commercial 
     motor vehicle industry, including the number and percentage 
     of drivers who commute;
       (2) the distances traveled, time zones crossed, time spent 
     commuting, and methods of transportation used;
       (3) research on the impact of excessive commuting on safety 
     and commercial motor vehicle driver fatigue;
       (4) the commuting practices of commercial motor vehicle 
     drivers and policies of motor carriers;
       (5) the Federal Motor Carrier Safety Administration 
     regulations, policies, and guidance regarding driver 
     commuting; and
       (6) any other matters the Administrator considers 
     appropriate.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report containing the findings under the study and 
     any recommendations for legislative action concerning driver 
     commuting.

     SEC. 32606. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING 
                   GROUP.

       (a) Working Group.--The Secretary shall establish a working 
     group for the purpose of developing recommendations on how to 
     best convey to inexperienced consumers the information such 
     consumers need to know with respect to the Federal laws 
     concerning the interstate transportation of household goods 
     by motor carrier.
       (b) Membership.--The Secretary shall ensure that the 
     working group is comprised of individuals with expertise in 
     consumer affairs, educators with expertise in how people 
     learn most effectively, and representatives of the household 
     goods moving industry.
       (c) Recommendations.--
       (1) Contents.--The recommendations developed by the working 
     group shall include, at a minimum, recommendations on--
       (A) condensing publication ESA 03005 of the Federal Motor 
     Carrier Safety Administration into a format that is more 
     easily used by consumers;
       (B) using state-of-the-art education techniques and 
     technologies, including optimizing the use of the Internet as 
     an educational tool; and
       (C) reducing and simplifying the paperwork required of 
     motor carriers and shippers in interstate transportation.
       (2) Deadline.--Not later than one year after the date of 
     enactment of this Act, the working group shall make the 
     recommendations described in paragraph (1) which the 
     Secretary shall publish on a public website.
       (d) Report.--Not later than 1 year after the date on which 
     the working group makes its recommendations, the Secretary 
     shall issue a report

[[Page H7468]]

     to Congress on the implementation of such recommendations.
       (e) Federal Advisory Committee Act Exemption.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     working group established under this section.
       (f) Termination.--The working group shall terminate 2 years 
     after the date of enactment of this Act.

     SEC. 32607. INTERSTATE VAN OPERATIONS.

       Section 4136 of SAFETEA-LU (Public Law 109-59; 119 Stat. 
     1745; 49 U.S.C. 3116 note) is amended by inserting ``with the 
     exception of commuter vanpool operations, which shall remain 
     exempt'' before the period at the end.

     SEC. 32608. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS 
                   ROADSIDE INSPECTION SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report regarding the 
     design, development, testing, and implementation of wireless 
     roadside inspection systems.
       (b) Elements.--The report required under subsection (a) 
     shall include a determination as to whether wireless roadside 
     inspection systems--
       (1) conflict with existing non-Federal electronic screening 
     systems, or create capabilities already available;
       (2) require additional statutory authority to incorporate 
     generated inspection data into the safety measurement system 
     or the safety fitness determinations program; and
       (3) provide appropriate restrictions to specifically 
     address privacy concerns of affected motor carriers and 
     operators.

     SEC. 32609. MOTORCOACH HOURS OF SERVICE STUDY.

       (a) Requirement Before Implementing New Rules.--
       (1) In general.--The Secretary may not amend, adjust, or 
     revise the driver hours of service regulations for motor 
     carriers of passengers, by rulemaking or any other means, 
     until the Secretary conducts a formal study that properly 
     accounts for operational differences and variances in crash 
     data for drivers in intercity motorcoach service and 
     interstate property carrier operations and between segments 
     of the intercity motorcoach industry.
       (2) Contents.--The study required under paragraph (1) shall 
     include--
       (A) the impact of the current hours of service regulations 
     for motor carriers of passengers on fostering safe operation 
     of intercity motorcoaches;
       (B) the separation of the failures of the current passenger 
     carrier hours-of-service regulations and the lack of 
     enforcement of the current regulations by Federal and State 
     agencies;
       (C) the correlation of noncompliance with current passenger 
     carrier hours of service rule to passenger carrier accidents 
     using data from 2000 through 2013; and
       (D) how passenger carrier crashes could have been mitigated 
     by any changes to passenger carrier hours of service rules.
       (b) Emergency Regulations.--Nothing in this section may be 
     construed to affect the Secretary's existing authority to 
     provide relief from the hours of service regulations in the 
     event of an emergency under section 390.232 of title 49, Code 
     of Federal Regulations.

     SEC. 32610. GAO REVIEW OF SCHOOL BUS SAFETY.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit, to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, a review of the following:
       (1) Existing Federal and State rules and guidance, as of 
     the date of the review, concerning school bus transportation 
     of elementary school and secondary school students engaging 
     in home-to-school transport or other transport determined by 
     the Comptroller General to be a routine part of kindergarten 
     through grade 12 education, including regulations and 
     guidance regarding driver training programs, capacity 
     requirements, programs for special needs students, inspection 
     standards, vehicle age requirements, best practices, and 
     public access to inspection results and crash records.
       (2) Any correlation between public or private school bus 
     fleet operators whose vehicles are involved in an accident as 
     defined by section 390.5 of title 49, Code of Federal 
     Regulations, and each of the following:
       (A) A failure by those same operators of State or local 
     safety inspections.
       (B) The average age or odometer readings of the school 
     buses in the fleets of such operators.
       (C) Violations of Federal laws administered by the 
     Department of Transportation, or of State law equivalents of 
     such laws.
       (D) Violations of State or local law relating to illegal 
     passing of a school bus.
       (3) A regulatory framework comparison of public and private 
     school bus operations.
       (4) Expert recommendations on best practices for safe and 
     reliable school bus transportation, including driver training 
     programs, inspection standards, school bus age and odometer 
     reading maximums for retirement, the percentage of buses in a 
     local bus fleet needed as spare buses, and capacity levels 
     per school bus for different age groups.

     SEC. 32611. USE OF HAIR TESTING FOR PREEMPLOYMENT AND RANDOM 
                   CONTROLLED SUBSTANCES TESTS.

       (a) Short Title.--This section may be cited as the ``Drug 
     Free Commercial Driver Act of 2015''.
       (b) Authorization of Hair Testing as an Acceptable 
     Procedure for Preemployment and Random Controlled Substance 
     Tests.--Section 31306 is amended--
       (1) in subsection (b)(1)--
       (A) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (B) in subparagraph (A), by striking ``The regulations 
     shall permit such motor carriers to conduct preemployment 
     testing of such employees for the use of alcohol.'' and 
     inserting the following:
       ``(B) The regulations prescribed under subparagraph (A) 
     shall permit motor carriers--
       ``(i) to conduct preemployment testing of commercial motor 
     vehicle operators for the use of alcohol; and
       ``(ii) to use hair testing as an acceptable alternative to 
     urinalysis--
       ``(I) in conducting preemployment screening for the use of 
     a controlled substance; and
       ``(II) in conducting random screening for the use of a 
     controlled substance by individuals who were subject to 
     preemployment screening.''; and
       (2) in subsection (c)(2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by inserting ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(D) laboratory protocols and cut-off levels for hair 
     testing to detect the use of a controlled substance;''.
       (c) Exemption From Mandatory Urinalysis.--
       (1) In general.--Any motor carrier that demonstrates, to 
     the satisfaction of the Administrator of the Federal Motor 
     Carrier Safety Administration, in consultation with the 
     Department of Health and Human Services, that it can carry 
     out an applicable hair testing program, consistent with 
     generally accepted industry standards, to detect the use of a 
     controlled substance by commercial motor vehicle operators, 
     may apply to the Administrator for an exemption from the 
     mandatory urinalysis testing requirements set forth in 
     subpart C of part 382 of title 49, Code of Federal 
     Regulations until a final rule is issued implementing the 
     amendments made by subsection (b).
       (2) Evaluation of applications.--
       (A) In general.--In evaluating applications for an 
     exemption under paragraph (1), the Administrator, in 
     consultation with the Department of Health and Human 
     Services, shall determine if the applicant's testing program 
     employs procedures and protections similar to fleets that 
     have carried out hair testing programs for at least 1 year.
       (B) Requirements.--A testing program may not receive an 
     exemption under paragraph (1) unless the applicable testing 
     laboratories--
       (i) have obtained laboratory accreditation specific to hair 
     testing from an accrediting body, compliant with 
     international or other Federal standards, as appropriate, 
     such as the College of American Pathologists; and
       (ii) utilize hair testing assays that have been cleared by 
     the Food and Drug Administration under section 510(k) of the 
     Federal Food, Drug and Cosmetic Act (21 U.S.C. 360(k)).
       (3) Deadline for decisions.--Not later than 90 days after 
     receiving an application from a motor carrier under this 
     subsection, the Administrator, in consultation with the 
     Secretary of Health and Human Services, shall determine 
     whether the motor carrier is exempt from the testing 
     requirements described in paragraph (1).
       (4) Reporting requirement.--Any motor carrier that is 
     granted an exemption under paragraph (1) shall submit records 
     to the national clearinghouse established under section 
     31306a of title 49, United States Code, relating to all 
     positive test results and test refusals from the hair testing 
     program described in that paragraph.
       (d) Guidelines for Hair Testing.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall issue scientific and 
     technical guidelines for hair testing as a method of 
     detecting the use of a controlled substance for purposes of 
     section 31306 of title 49, United States Code, as amended by 
     subsection (b). When issuing the scientific and technical 
     guidelines, the Secretary of Health and Human Services may 
     consider differentiating between exposure to, and usage of, 
     various controlled substances.
       (e) Annual Report to Congress.--The Secretary shall submit 
     an annual report to Congress that--
       (1) summarizes the results of preemployment and random drug 
     testing using both hair testing and urinalysis;
       (2) evaluates the efficacy of each method; and
       (3) determines which method provides the most accurate 
     means of detecting the use of controlled substances over 
     time.

                   TITLE XXXIII--HAZARDOUS MATERIALS

     SEC. 33101. ENDORSEMENTS.

       (a) Exclusions.--Section 5117(d)(1) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) a service vehicle (as defined in section 33101 of the 
     Comprehensive Transportation and Consumer Protection Act of 
     2015) carrying diesel fuel in quantities of 3,785 liters 
     (1,000 gallons) or less that is--
       ``(i) driven by a class A commercial driver's license 
     holder who is a custom harvester, an agricultural retailer, 
     an agricultural business employee, an agricultural 
     cooperative employee, or an agricultural producer; and
       ``(ii) clearly marked with a placard reading `Diesel 
     Fuel'.''.
       (b) Hazardous Materials Endorsement Exemption.--The 
     Secretary shall exempt all class A commercial driver's 
     license holders who are custom harvesters, agricultural 
     retailers, agricultural business employees, agricultural 
     cooperative employees, or agricultural producers

[[Page H7469]]

     from the requirement to obtain a hazardous materials 
     endorsement under part 383 of title 49, Code of Federal 
     Regulations, while operating a service vehicle carrying 
     diesel fuel in quantities of 3,785 liters (1,000 gallons) or 
     less if the tank containing such fuel is clearly marked with 
     a placard reading ``Diesel Fuel''.
       (c) Definition of Service Vehicle.--In this section, the 
     term ``service vehicle'' means a vehicle carrying diesel fuel 
     that will be deductible as a profit-seeking activity--
       (1) under section 162 of the Internal Revenue Code of 1986 
     as a business expense; or
       (2) under section 212 of the Internal Revenue Code of 1986 
     as a production of income expense.

     SEC. 33102. ENHANCED REPORTING.

       Section 5121(h) is amended by striking ``transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate'' and inserting ``post on 
     the Department of Transportation public website''.

     SEC. 33103. HAZARDOUS MATERIAL INFORMATION.

       (a) Derailment Data.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall revise the form 
     for reporting a rail equipment accident or incident under 
     section 225.21 of title 49, Code of Federal Regulations (Form 
     FRA F 6180.54, Rail Equipment Accident/Incident Report), 
     including to its instructions, to require additional data 
     concerning rail cars carrying crude oil or ethanol that are 
     involved in a reportable rail equipment accident or incident 
     under part 225 of that title.
       (2) Contents.--The data under subsection (a) shall 
     include--
       (A) the number of rail cars carrying crude oil or ethanol;
       (B) the number of rail cars carrying crude oil or ethanol 
     damaged or derailed; and
       (C) the number of rail cars releasing crude oil or ethanol.
       (3) Differentiation.--The data described in paragraph (2) 
     shall be reported separately for crude oil and for ethanol.
       (b) Database Connectivity.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall implement 
     information management practices to ensure that the Pipeline 
     and Hazardous Materials Safety Administration Hazardous 
     Materials Incident Reports Database (referred to in this 
     section as ``Incident Reports Database'') and the Federal 
     Railroad Administration Railroad Safety Information System 
     contain accurate and consistent data on a reportable rail 
     equipment accident or incident under part 225 of title 49, 
     Code of Federal Regulations, involving the release of 
     hazardous materials.
       (2) Identifiers.--The Secretary shall ensure that the 
     Incident Reports Database uses a searchable Federal Railroad 
     Administration report number, or other applicable unique 
     identifier that is linked to the Federal Railroad Safety 
     Information System, for each reportable rail equipment 
     accident or incident under part 225 of title 49, Code of 
     Federal Regulations, involving the release of hazardous 
     materials.
       (c) Evaluation.--
       (1) In general.--The Department of Transportation Inspector 
     General shall--
       (A) evaluate the accuracy of information in the Incident 
     Reports Database, including determining whether any 
     inaccuracies exist in--
       (i) the type of hazardous materials released;
       (ii) the quantity of hazardous materials released;
       (iii) the location of hazardous materials released;
       (iv) the damages or effects of hazardous materials 
     released; and
       (v) any other data contained in the database; and
       (B) considering the requirements in subsection (b), 
     evaluate the consistency and accuracy of data involving 
     accidents or incidents reportable to both the Pipeline and 
     Hazardous Materials Safety Administration and the Federal 
     Railroad Administration, including whether the Incident 
     Reports Database uses a searchable identifier described in 
     subsection (b)(2).
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Department of Transportation 
     Inspector General shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report of the findings under subparagraphs 
     (A) and (B) of paragraph (1) and recommendations for 
     resolving any inconsistencies or inaccuracies.
       (d) Savings Clause.--Nothing in this section may be 
     construed to prohibit the Secretary from requiring other 
     commodity-specific information for any reportable rail 
     equipment accident or incident under part 225 of title 49, 
     Code of Federal Regulations.

     SEC. 33104. NATIONAL EMERGENCY AND DISASTER RESPONSE.

       (a) Purpose.--Section 5101 is amended by inserting and 
     ``and to facilitate the safe movement of hazardous materials 
     during national emergencies'' after ``commerce''.
       (b) General Regulatory Authority.--Section 5103 is 
     amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Federally Declared Disaster and Emergency Areas.--The 
     Secretary, in consultation with the Secretary of Homeland 
     Security, may prescribe standards to facilitate the safe 
     movement of hazardous materials into, from, and within a 
     federally declared disaster area or a national emergency 
     area.''.

     SEC. 33105. AUTHORIZATION OF APPROPRIATIONS.

       Section 5128 is amended to read as follows:

     ``Sec. 5128. Authorization of appropriations

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out this chapter (except sections 
     5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
       ``(1) $43,660,000 for fiscal year 2016;
       ``(2) $44,577,000 for fiscal year 2017;
       ``(3) $45,513,000 for fiscal year 2018;
       ``(4) $46,469,000 for fiscal year 2019;
       ``(5) $47,445,000 for fiscal year 2020; and
       ``(6) $48,441,000 for fiscal year 2021.
       ``(b) Hazardous Materials Emergency Preparedness Fund.--
     From the Hazardous Materials Emergency Preparedness Fund 
     established under section 5116(i), the Secretary may expend, 
     during each of fiscal years 2016 through 2021--
       ``(1) $188,000 to carry out section 5115;
       ``(2) $21,800,000 to carry out subsections (a) and (b) of 
     section 5116, of which not less than $13,650,000 shall be 
     available to carry out section 5116(b);
       ``(3) $150,000 to carry out section 5116(f);
       ``(4) $625,000 to publish and distribute the Emergency 
     Response Guidebook under section 5116(i)(3); and
       ``(5) $1,000,000 to carry out section 5116(j).
       ``(c) Hazardous Materials Training Grants.--From the 
     Hazardous Materials Emergency Preparedness Fund established 
     pursuant to section 5116(i), the Secretary may expend 
     $4,000,000 for each of the fiscal years 2016 through 2021 to 
     carry out section 5107(e).
       ``(d) Credits to Appropriations.--
       ``(1) Expenses.--In addition to amounts otherwise made 
     available to carry out this chapter, the Secretary may credit 
     amounts received from a State, Indian tribe, or other public 
     authority or private entity for expenses the Secretary incurs 
     in providing training to the State, authority, or entity.
       ``(2) Availability of amounts.--Amounts made available 
     under this section shall remain available until expended.''.

             TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY

                   Subtitle A--Highway Traffic Safety

                         PART I--HIGHWAY SAFETY

     SEC. 34101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Highway safety programs.--For carrying out section 402 
     of title 23, United States Code--
       (A) $243,526,500 for fiscal year 2016;
       (B) $252,267,972 for fiscal year 2017;
       (C) $261,229,288 for fiscal year 2018;
       (D) $270,415,429 for fiscal year 2019;
       (E) $279,831,482 for fiscal year 2020; and
       (F) $289,482,646 for fiscal year 2021.
       (2) Highway safety research and development.--For carrying 
     out section 403 of title 23, United States Code--
       (A) $137,835,000 for fiscal year 2016;
       (B) $140,729,535 for fiscal year 2017;
       (C) $143,684,855 for fiscal year 2018;
       (D) $146,702,237 for fiscal year 2019;
       (E) $149,782,984 for fiscal year 2020; and
       (F) $152,928,427 for fiscal year 2021.
       (3) National priority safety programs.--For carrying out 
     section 405 of title 23, United States Code--
       (A) $274,720,000 for fiscal year 2016;
       (B) $277,467,200 for fiscal year 2017;
       (C) $280,241,872 for fiscal year 2018;
       (D) $283,044,291 for fiscal year 2019;
       (E) $285,874,734 for fiscal year 2020; and
       (F) $288,733,481 for fiscal year 2021.
       (4) National driver register.--For the National Highway 
     Traffic Safety Administration to carry out chapter 303 of 
     title 49, United States Code--
       (A) $5,105,000 for fiscal year 2016;
       (B) $5,212,205 for fiscal year 2017;
       (C) $5,321,661 for fiscal year 2018;
       (D) $5,433,416 for fiscal year 2019;
       (E) $5,547,518 for fiscal year 2020; and
       (F) $5,664,016 for fiscal year 2021.
       (5) High visibility enforcement program.--For carrying out 
     section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
       (A) $29,290,000 for fiscal year 2016;
       (B) $29,582,900 for fiscal year 2017;
       (C) $29,878,729 for fiscal year 2018;
       (D) $30,177,516 for fiscal year 2019;
       (E) $30,479,291 for fiscal year 2020; and
       (F) $30,784,084 for fiscal year 2021.
       (6) Administrative expenses.--For administrative and 
     related operating expenses of the National Highway Traffic 
     Safety Administration in carrying out chapter 4 of title 23, 
     United States Code, and this subtitle--
       (A) $25,755,000 for fiscal year 2016;
       (B) $26,012,550 for fiscal year 2017;
       (C) $26,272,676 for fiscal year 2018;
       (D) $26,535,402 for fiscal year 2019;
       (E) $26,800,756 for fiscal year 2020; and
       (F) $27,068,764 for fiscal year 2021.
       (b) Prohibition on Other Uses.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, in 
     this subtitle, and in the amendments made by this subtitle, 
     the amounts made available from the Highway Trust Fund (other 
     than the Mass Transit Account) for a program under such 
     chapter--
       (1) shall only be used to carry out such program; and
       (2) may not be used by States or local governments for 
     construction purposes.
       (c) Applicability of Title 23.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, and in 
     this subtitle, amounts made available under subsection (a) 
     for fiscal years 2016 through 2021 shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code.
       (d) Regulatory Authority.--Grants awarded under this 
     subtitle shall be in accordance with regulations issued by 
     the Secretary.

[[Page H7470]]

       (e) State Matching Requirements.--If a grant awarded under 
     this subtitle requires a State to share in the cost, the 
     aggregate of all expenditures for highway safety activities 
     made during any fiscal year by the State and its political 
     subdivisions (exclusive of Federal funds) for carrying out 
     the grant (other than planning and administration) shall be 
     available for the purpose of crediting the State during such 
     fiscal year for the non-Federal share of the cost of any 
     project under this subtitle (other than planning or 
     administration) without regard to whether such expenditures 
     were actually made in connection with such project.
       (f) Grant Application and Deadline.--To receive a grant 
     under this subtitle, a State shall submit an application, and 
     the Secretary shall establish a single deadline for such 
     applications to enable the award of grants early in the next 
     fiscal year.
       (g) Transfers.--Section 405(a)(1)(G) of title 23, United 
     States Code, is amended to read as follows:
       ``(G) Transfers.--Notwithstanding subparagraphs (A) through 
     (F), the Secretary shall reallocate, before the last day of 
     any fiscal year, any amounts remaining available of the 
     amounts allocated to carry out any of the activities 
     described in subsections (b) through (g) to increase the 
     amount made available to carry out section 402, in order to 
     ensure, to the maximum extent possible, that all such amounts 
     are obligated during such fiscal year.''.

     SEC. 34102. HIGHWAY SAFETY PROGRAMS.

       (a) Restriction.--Section 402(g) of title 23, United States 
     Code, is amended to read as follows:
       ``(g) Restriction.--Nothing in this section may be 
     construed to authorize the appropriation or expenditure of 
     funds for highway construction, maintenance, or design (other 
     than design of safety features of highways to be incorporated 
     into guidelines).''.
       (b) Use of Funds.--
       (1) Highway safety programs.--Section 402(c)(2) of title 
     23, United States Code, is amended by inserting ``A State may 
     provide the funds apportioned under this section to a 
     political subdivision of a State, including Indian tribal 
     governments.'' after ``neighboring States.''.
       (2) National priority safety programs.--Section 405(a)(1) 
     is amended by adding at the end the following:
       ``(I) Political subdivisions.--A State may provide the 
     funds awarded under this section to a political subdivision 
     of a State, including Indian tribal governments.''.
       (c) Tracking Process.--Section 412 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(f) Tracking Process.--The Secretary shall develop a 
     process to identify and mitigate possible systemic issues 
     across States and regional offices by reviewing oversight 
     findings and recommended actions identified in triennial 
     State management reviews.''.
       (d) Highway Safety Plans.--Section 402(k)(5)(A) of title 
     23, United States Code, is amended by striking ``60'' and 
     inserting ``45''.
       (e) Maintenance of Effort.--Section 405(a)(1)(H) of title 
     23, United States Code, is amended to read as follows:
       ``(H) Maintenance of effort certification.--As part of the 
     grant application required in section 402(k)(3)(F), a State 
     receiving a grant in any fiscal year under subsection (b), 
     subsection (c), or subsection (d) of this section shall 
     provide certification that the lead State agency responsible 
     for programs described in any of those sections is 
     maintaining aggregate expenditures at or above the average 
     level of such expenditures in the 2 fiscal years prior to the 
     date of enactment of the Comprehensive Transportation and 
     Consumer Protection Act of 2015.''.

     SEC. 34103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK LAWS AND 
                   24-7 SOBRIETY PROGRAMS.

       Section 405(d) of title 23, United States Code, is 
     amended--
       (1) in paragraph (6)--
       (A) by amending the heading to read as follows: 
     ``Additional grants.--'';
       (B) in subparagraph (A), by amending the heading to read as 
     follows: ``Grants to states with alcohol-ignition interlock 
     laws.--'';
       (C) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively;
       (D) by inserting after subparagraph (A), the following:
       ``(B) Grants to states with 24-7 sobriety programs.--The 
     Secretary shall make a separate grant under this subsection 
     to each State that--
       ``(i) adopts and is enforcing a law that requires all 
     individuals convicted of driving under the influence of 
     alcohol or of driving while intoxicated to receive a 
     restriction on driving privileges; and
       ``(ii) provides a 24-7 sobriety program.'';
       (E) in subparagraph (C), as redesignated, by inserting 
     ``and subparagraph (B)'' after ``subparagraph (A)'';
       (F) in subparagraph (D), as redesignated, by inserting 
     ``and subparagraph (B)'' after ``subparagraph (A)'';
       (G) by amending subparagraph (E), as redesignated, to read 
     as follows:
       ``(E) Funding.--
       ``(i) Funding for grants to states with alcohol-ignition 
     interlock laws.--Not more than 12 percent of the amounts made 
     available to carry out this subsection in a fiscal year shall 
     be made available by the Secretary for making grants under 
     subparagraph (A).
       ``(ii) Funding for grants to states with 24-7 sobriety 
     programs.--Not more than 3 percent of the amounts made 
     available to carry out this subsection in a fiscal year shall 
     be made available by the Secretary for making grants under 
     subparagraph (B).''; and
       (H) by adding at the end the following:
       ``(F) Exceptions.--A State alcohol-ignition interlock law 
     under subparagraph (A) may include exceptions for the 
     following circumstances:
       ``(i) The individual is required to operate an employer's 
     motor vehicle in the course and scope of employment and the 
     business entity that owns the vehicle is not owned or 
     controlled by the individual.
       ``(ii) The individual is certified by a medical doctor as 
     being unable to provide a deep lung breath sample for 
     analysis by an ignition interlock device.''; and
       (2) in paragraph (7)(A)--
       (A) in the matter preceding clause (i)--
       (i) by striking ``or a State agency'' and inserting ``or an 
     agency with jurisdiction''; and
       (ii) by inserting ``bond,'' before ``sentence'';
       (B) in clause (i), by striking ``who plead guilty or'' and 
     inserting ``who was arrested, plead guilty, or''; and
       (C) in clause (ii), by inserting ``at a testing location'' 
     after ``per day''.

     SEC. 34104. REPEAT OFFENDER CRITERIA.

       Section 164(a) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) 24-7 sobriety program.--The term `24-7 sobriety 
     program' has the meaning given the term in section 
     405(d)(7)(A).'';
       (3) in paragraph (5), as redesignated--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or combination of laws or programs'' after ``State law''; 
     and
       (B) by amending subparagraph (A) to read as follows:
       ``(A) receive, for a period of not less than 1 year--
       ``(i) a suspension of all driving privileges;
       ``(ii) a restriction on driving privileges that limits the 
     individual to operating only motor vehicles with an ignition 
     interlock device installed, unless a special exception 
     applies;
       ``(iii) a restriction on driving privileges that limits the 
     individual to operating motor vehicles only if participating 
     in, and complying with, a 24-7 sobriety program; or
       ``(iv) any combination of clauses (i) through (iii);'';
       (C) by striking subparagraph (B);
       (D) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (E) in subparagraph (C), as redesignated--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``; or'' and inserting a 
     semicolon;
       (II) in subclause (II), by striking ``; and''; and 
     inserting ``; or''; and
       (III) by adding at the end the following:
       ``(III) the State certifies that the general practice is 
     that such an individual will be incarcerated; and''; and

       (ii) in clause (ii)--

       (I) in subclause (I), by striking ``; or'' and inserting a 
     semicolon;
       (II) in subclause (II), by striking ``; and''; and 
     inserting ``; or''; and
       (III) by adding at the end the following:
       ``(III) the State certifies that the general practice is 
     that such an individual will receive approximately 10 days of 
     incarceration.''; and

       (4) by adding at the end--
       ``(6) Special exception.--The term `special exception' 
     means an exception under a State alcohol-ignition interlock 
     law for the following circumstances:
       ``(A) The individual is required to operate an employer's 
     motor vehicle in the course and scope of employment and the 
     business entity that owns the vehicle is not owned or 
     controlled by the individual.
       ``(B) The individual is certified by a medical doctor as 
     being unable to provide a deep lung breath sample for 
     analysis by an ignition interlock device.''.

     SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL 
                   AND DRUG USE BY DRIVERS.

       Not later than 180 days after the date that the Comptroller 
     General reviews and reports on the overall value of the 
     National Roadside Survey to researchers and other public 
     safety stakeholders, the differences between a National 
     Roadside Survey site and typical law enforcement checkpoints, 
     and the effectiveness of the National Roadside Survey 
     methodology at protecting the privacy of the driving public, 
     as requested by the Committee on Appropriations of the Senate 
     on June 5, 2014 (Senate Report 113-182), the Secretary shall 
     report to Congress on the National Highway Traffic Safety 
     Administration's progress toward reviewing that report and 
     implementing any recommendations made in that report.

     SEC. 34106. INCREASING PUBLIC AWARENESS OF THE DANGERS OF 
                   DRUG-IMPAIRED DRIVING.

       (a) Additional Actions.--The Administrator of the National 
     Highway Traffic Safety Administration, in consultation with 
     the White House Office of National Drug Control Policy, the 
     Secretary of Health and Human Services, State highway safety 
     offices, and other interested parties, as determined by the 
     Administrator, shall identify and carry out additional 
     actions that should be undertaken by the Administration to 
     assist States in their efforts to increase public awareness 
     of the dangers of drug-impaired driving, including the 
     dangers of driving while under the influence of heroin or 
     prescription opioids.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and

[[Page H7471]]

     Infrastructure of the House of Representatives that describes 
     the additional actions undertaken by the Administration 
     pursuant to subsection (a).

     SEC. 34107. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCUPANTS 
                   IN VEHICLE CRASHES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall revise the crash 
     investigation data collection system of the National Highway 
     Traffic Safety Administration to include the collection of 
     the following data in connection with vehicle crashes 
     whenever a child restraint system was in use in a vehicle 
     involved in a crash:
       (1) The type or types of child restraint systems in use 
     during the crash in any vehicle involved in the crash, 
     including whether a five-point harness or belt-positioning 
     booster.
       (2) If a five-point harness child restraint system was in 
     use during the crash, whether the child restraint system was 
     forward-facing or rear-facing in the vehicle concerned.
       (b) Consultation.--In implementing subsection (a), the 
     Secretary shall work with law enforcement officials, safety 
     advocates, the medical community, and research organizations 
     to improve the recordation of data described in subsection 
     (a) in police and other applicable incident reports.
       (c) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report on child occupant crash data 
     collection in the crash investigation data collection system 
     of the National Highway Traffic Safety Administration 
     pursuant to the revision required by subsection (a).

            PART II--STOP MOTORCYCLE CHECKPOINT FUNDING ACT

     SEC. 34121. SHORT TITLE.

       This part may be cited as the ``Stop Motorcycle Checkpoint 
     Funding Act''.

     SEC. 34122. GRANT RESTRICTION.

       Notwithstanding section 153 of title 23, United States 
     Code, the Secretary may not provide a grant or any funds to a 
     State, county, town, township, Indian tribe, municipality, or 
     other local government that may be used for any program--
       (1) to check helmet usage; or
       (2) to create checkpoints that specifically target 
     motorcycle operators or motorcycle passengers.

             PART III--IMPROVING DRIVER SAFETY ACT OF 2015

     SEC. 34131. SHORT TITLE.

       This part may be cited as the ``Improving Driver Safety Act 
     of 2015''.

     SEC. 34132. DISTRACTED DRIVING INCENTIVE GRANTS.

       Section 405(e) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``includes distracted 
     driving issues as part of the State's driver's license 
     examination and'' after ``any State that'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by amending subparagraph (C) to read as follows:
       ``(C) establishes a minimum fine for a violation of the 
     statute; and''; and
       (C) by adding at the end the following:
       ``(D) does not provide for an exception that specifically 
     allows a driver to use a personal wireless communications 
     device for texting while stopped in traffic.'';
       (3) in paragraph (3)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) prohibits the use of a personal wireless 
     communications device while driving for drivers--
       ``(i) younger than 18 years of age; or
       ``(ii) in the learner's permit and intermediate license 
     stages;''; and
       (B) by striking subparagraphs (C) and (D) and inserting the 
     following:
       ``(C) establishes a minimum fine for a violation of the 
     statute; and
       ``(D) does not provide for an exception that specifically 
     allows a driver to text through a personal wireless 
     communications device while stopped in traffic.''; and
       (4) in paragraph (4)--
       (A) in subparagraph (B)(ii), by striking ``and'' at the 
     end;
       (B) in subparagraph (C)--
       (i) by striking ``section 31152'' and inserting ``section 
     31136''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(D) any additional exceptions determined by the Secretary 
     through the rulemaking process.'';
       (5) by amending paragraph (6) to read as follows:
       ``(6) Additional distracted driving grants.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Secretary shall use up to 50 percent of the amounts available 
     for grants under this subsection to award grants to any State 
     that--
       ``(i) in fiscal year 2017--

       ``(I) certifies that it has enacted a basic text messaging 
     statute that--

       ``(aa) is applicable to drivers of all ages; and
       ``(bb) makes violation of the basic text messaging statute 
     a primary offense or secondary enforcement action as allowed 
     by State statute; and

       ``(II) is otherwise ineligible for a grant under this 
     subsection; and

       ``(ii) in fiscal year 2018--

       ``(I) meets the requirements under clause (i);
       ``(II) imposes fines for violations; and
       ``(III) has a statute that prohibits drivers who are 
     younger than 18 years of age from using a personal wireless 
     communications device while driving.

       ``(B) Use of grant funds.--
       ``(i) In general.--Notwithstanding paragraph (5) and 
     subject to clauses (ii) and (iii) of this subparagraph, 
     amounts received by a State under subparagraph (A) may be 
     used for activities related to the enforcement of distracted 
     driving laws, including for public information and awareness 
     purposes.
       ``(ii) Fiscal year 2017.--In fiscal year 2017, up to 15 
     percent of the amounts received by a State under subparagraph 
     (A) may be used for any eligible project or activity under 
     section 402.
       ``(iii) Fiscal year 2018.--In fiscal year 2018, up to 25 
     percent of the amounts received by a State under subparagraph 
     (A) may be used for any eligible project or activity under 
     section 402.''; and
       (6) in paragraph (9)(A)(i), by striking ``, including 
     operation while temporarily stationary because of traffic, a 
     traffic light or stop sign, or otherwise''.

     SEC. 34133. BARRIERS TO DATA COLLECTION REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the National Highway Traffic 
     Safety Administration shall submit a report to the Committee 
     on Commerce, Science, and Transportation of the Senate, the 
     Committee on Energy and Commerce of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives that--
       (1) identifies any legal and technical barriers to 
     capturing adequate data on the prevalence of the use of 
     wireless communications devices while driving; and
       (2) provides recommendations on how to address such 
     barriers.

     SEC. 34134. MINIMUM REQUIREMENTS FOR STATE GRADUATED DRIVER 
                   LICENSING INCENTIVE GRANT PROGRAM.

       Section 405(g)(2) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``21'' and inserting 
     ``18''; and
       (2) by amending subparagraph (B) to read as follows:
       ``(B) Licensing process.--A State is in compliance with the 
     2-stage licensing process described in this subparagraph if 
     the State's driver's license laws include--
       ``(i) a learner's permit stage that--

       ``(I) is at least 6 months in duration;
       ``(II) contains a prohibition on the driver using a 
     personal wireless communications device (as defined in 
     subsection (e)) while driving except under an exception 
     permitted under paragraph (4) of that subsection, and makes a 
     violation of the prohibition a primary offense;
       ``(III) requires applicants to successfully pass a vision 
     and knowledge assessment prior to receiving a learner's 
     permit;
       ``(IV) requires that the driver be accompanied and 
     supervised at all times while the driver is operating a motor 
     vehicle by a licensed driver who is at least 21 years of age 
     or is a State-certified driving instructor;
       ``(V) has a requirement that the driver--

       ``(aa) complete a State-certified driver education or 
     training course; or
       ``(bb) obtain at least 50 hours of behind-the-wheel 
     training, with at least 10 hours at night, with a licensed 
     driver;

       ``(VI) remains in effect until the driver--

       ``(aa) reaches 16 years of age and enters the intermediate 
     stage; or
       ``(bb) reaches 18 years of age;
       ``(ii) an intermediate stage that--

       ``(I) commences immediately after the expiration of the 
     learner's permit stage and successful completion of a driving 
     skills assessment;
       ``(II) is at least 6 months in duration;
       ``(III) prohibits the driver from using a personal wireless 
     communications device (as defined in subsection (e)) while 
     driving except under an exception permitted under paragraph 
     (4) of that subsection, and makes a violation of the 
     prohibition a primary offense;
       ``(IV) for the first 6 month of the intermediate stage, 
     restricts driving at night between the hours of 10:00 p.m. 
     and 5:00 a.m. when not supervised by a licensed driver 21 
     years of age or older, excluding transportation to work, 
     school, religious activities, or emergencies;
       ``(V) prohibits the driver from operating a motor vehicle 
     with more than 1 nonfamilial passenger younger than 21 years 
     of age unless a licensed driver who is at least 21 years of 
     age is in the motor vehicle; and
       ``(VI) remains in effect until the driver reaches 17 years 
     of age; and

       ``(iii) a learner's permit and intermediate stage that 
     require, in addition to any other penalties imposed by State 
     law, the granting of an unrestricted driver's license be 
     automatically delayed for any individual who, during the 
     learner's permit or intermediate stage, is convicted of a 
     driving-related offense during the first 6 months, 
     including--

       ``(I) driving while intoxicated;
       ``(II) misrepresentation of the individual's age;
       ``(III) reckless driving;
       ``(IV) driving without wearing a seat belt;
       ``(V) speeding; or
       ``(VI) any other driving-related offense, as determined by 
     the Secretary.''.

              PART IV--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 34141. TECHNICAL CORRECTIONS TO THE MOTOR VEHICLE AND 
                   HIGHWAY SAFETY IMPROVEMENT ACT OF 2012.

       (a) Highway Safety Programs.--Section 402 of title 23, 
     United States Code is amended--
       (1) in subsection (b)(1)(C), by striking ``except as 
     provided in paragraph (3),'';
       (2) in subsection (b)(1)(E)--
       (A) by striking ``in which a State'' and inserting ``for 
     which a State''; and
       (B) by striking ``subsection (f)'' and inserting 
     ``subsection (k)''; and

[[Page H7472]]

       (3) in subsection (k)(4), by striking ``paragraph (2)(A)'' 
     and inserting ``paragraph (3)(A)''.
       (b) Highway Safety Research and Development.--Section 
     403(e) of title 23, United States Code is amended by 
     inserting ``of title 49'' after ``chapter 301''.
       (c) National Priority Safety Programs.--Section 405 of 
     title 23, United States Code is amended--
       (1) in subsection (d)(5), by striking ``section 402(c)'' 
     and inserting ``section 402''; and
       (2) in subsection (f)(4)(A)(iv), by striking ``developed 
     under subsection (g)''.

                       Subtitle B--Vehicle Safety

     SEC. 34201. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there is 
     authorized to be appropriated to the Secretary to carry out 
     chapter 301 of title 49, and part C of subtitle VI of title 
     49, United States Code, amounts as follows:
       (1) $132,730,000 for fiscal year 2016.
       (2) $135,517,330 for fiscal year 2017.
       (3) $138,363,194 for fiscal year 2018.
       (4) $141,268,821 for fiscal year 2019.
       (5) $144,235,466 for fiscal year 2020.
       (6) $147,264,411 for fiscal year 2021.
       (b) Additional Authorization of Appropriations if a 
     Certification Is Made.--
       (1) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a) to carry out chapter 301 
     of title 49, and part C of subtitle VI of title 49, United 
     States Code, if the certification described in paragraph (2) 
     is made during a fiscal year there is authorized to be 
     appropriated to the Secretary for that purpose for that 
     fiscal year and subsequent fiscal years an additional amount 
     as follows:
       (A) $46,270,000 for fiscal year 2016.
       (B) $51,537,670 for fiscal year 2017.
       (C) $57,296,336 for fiscal year 2018.
       (D) $62,999,728 for fiscal year 2019.
       (E) $69,837,974 for fiscal year 2020.
       (F) $76,656,407 for fiscal year 2021.
       (2) Certification described.--The certification described 
     in this paragraph is a certification made by the Secretary 
     and submitted to Congress that the National Highway Traffic 
     Safety Administration has implemented all of the 
     recommendations in the Office of Inspector General Audit 
     Report issued June 18, 2015 (ST-2015-063). As part of the 
     certification, the Secretary shall review the actions the 
     National Highway Traffic Safety Administration has taken to 
     implement the recommendations and issue a report to Congress 
     detailing how the recommendations were implemented. The 
     Secretary shall not delegate or assign the responsibility 
     under this paragraph.

     SEC. 34202. INSPECTOR GENERAL RECOMMENDATIONS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and periodically thereafter until the 
     completion date, the Department of Transportation Inspector 
     General shall report to the appropriate committees of 
     Congress on whether and what progress has been made to 
     implement the recommendations in the Office of Inspector 
     General Audit Report issued June 18, 2015 (ST-2015-063).
       (b) Implementation Progress.--The Administrator of the 
     National Highway Traffic Safety Administration shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, and periodically thereafter until the completion 
     date, provide a briefing to the appropriate committees of 
     Congress on the actions the Administrator has taken to 
     implement the recommendations in the audit report described 
     in subsection (a), including a plan for implementing any 
     remaining recommendations; and
       (2) not later than 1 year after the date of enactment of 
     this Act, issue a final report to the appropriate committees 
     of Congress on the implementation of all of the 
     recommendations in the audit report described in subsection 
     (a).
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Completion date.--The term ``completion date'' means 
     the date that the National Highway Traffic Safety 
     Administration has implemented all of the recommendations in 
     the Office of Inspector General Audit Report issued June 18, 
     2015 (ST-2015-063).

     SEC. 34203. IMPROVEMENTS IN AVAILABILITY OF RECALL 
                   INFORMATION.

       (a) Vehicle Recall Information.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary shall 
     implement current information technology, web design trends, 
     and best practices that will help ensure that motor vehicle 
     safety recall information available to the public on the 
     Federal website is readily accessible and easy to use, 
     including--
       (1) by improving the organization, availability, 
     readability, and functionality of the website;
       (2) by accommodating high-traffic volume; and
       (3) by establishing best practices for scheduling routine 
     website maintenance.
       (b) Government Accountability Office Public Awareness 
     Report.--
       (1) In general.--The Comptroller General shall study the 
     current use by consumers, dealers, and manufacturers of the 
     safety recall information made available to the public, 
     including the usability and content of the Federal and 
     manufacturers' websites and the National Highway Traffic 
     Safety Administration's efforts to publicize and educate 
     consumers about safety recall information.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall issue a 
     report with the findings of the study under paragraph (1), 
     including recommending any actions the Secretary can take to 
     improve public awareness and use of the websites for safety 
     recall information.
       (c) Promotion of Public Awareness.--Section 31301(c) of the 
     Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 
     30166 note) is amended to read as follows:
       ``(c) Promotion of Public Awareness.--The Secretary shall 
     improve public awareness of safety recall information made 
     publicly available by periodically updating the method of 
     conveying that information to consumers, dealers, and 
     manufacturers, such as through public service 
     announcements.''.
       (d) Consumer Guidance.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall make 
     available to the public on the Internet detailed guidance for 
     consumers submitting safety complaints, including--
       (1) a detailed explanation of what information a consumer 
     should include in a complaint; and
       (2) a detailed explanation of the possible actions the 
     National Highway Traffic Safety Administration can take to 
     address a complaint and respond to the consumer, including 
     information on--
       (A) the consumer records, such as photographs and police 
     reports, that could assist with an investigation; and
       (B) the length of time a consumer should retain the records 
     described in subparagraph (A).
       (e) VIN Search.--
       (1) In general.--The Secretary, in coordination with 
     industry, including manufacturers and dealers, shall study--
       (A) the feasibility of searching multiple vehicle 
     identification numbers at a time to retrieve motor vehicle 
     safety recall information; and
       (B) the feasibility of making the search mechanism 
     described under subparagraph (A) publicly available.
       (2) Considerations.--In conducting the study under 
     paragraph (1), the Secretary shall consider the potential 
     costs, and potential risks to privacy and security in 
     implementing such a search mechanism.

     SEC. 34204. RECALL PROCESS.

       (a) Notification Improvement.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall prescribe a final 
     rule revising the regulations under section 577.7 of title 
     49, Code of Federal Regulations, to include notification by 
     electronic means in addition to notification by first class 
     mail.
       (2) Definition of electronic means.--In this subsection, 
     the term ``electronic means'' includes electronic mail and 
     may include such other means of electronic notification, such 
     as social media or targeted online campaigns, as determined 
     by the Secretary.
       (b) Notification by Manufacturer.--Section 30118(c) is 
     amended by inserting ``or electronic mail'' after ``certified 
     mail''.
       (c) Recall Completion Rates Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and biennially thereafter for 4 years, 
     the Secretary shall--
       (A) conduct an analysis of vehicle safety recall completion 
     rates to assess potential actions by the National Highway 
     Traffic Safety Administration to improve vehicle safety 
     recall completion rates; and
       (B) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     results of the analysis.
       (2) Contents.--Each report shall include--
       (A) the annual recall completion rate by manufacturer, 
     model year, component (such as brakes, fuel systems, and air 
     bags), and vehicle type (passenger car, sport utility 
     vehicle, passenger van, and pick-up truck) for each of the 5 
     years before the year the report is submitted;
       (B) the methods by which the Secretary has conducted 
     analyses of these recall completion rates to determine trends 
     and identify risk factors associated with lower recall rates; 
     and
       (C) the actions the Secretary has planned to improve recall 
     completion rates based on the results of this data analysis.
       (d) Inspector General Audit of Vehicle Recalls.--
       (1) In general.--The Department of Transportation Inspector 
     General shall conduct an audit of the National Highway 
     Traffic Safety Administration's management of vehicle safety 
     recalls.
       (2) Contents.--The audit shall include a determination of 
     whether the National Highway Traffic Safety Administration--
       (A) appropriately monitors recalls to ensure the 
     appropriateness of scope and adequacy of recall completion 
     rates and remedies;
       (B) ensures manufacturers provide safe remedies, at no cost 
     to consumers;
       (C) is capable of coordinating recall remedies and 
     processes; and
       (D) can improve its policy on consumer notice to combat 
     effects of recall fatigue.

     SEC. 34205. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO 
                   CONSUMERS OF MOTOR VEHICLE RECALL STATUS.

       (a) In General.--Not later than October 1, 2016, the 
     Secretary shall implement a 2-year pilot program to evaluate 
     the feasibility and effectiveness of a State process for 
     informing consumers of open motor vehicle recalls at the time 
     of motor vehicle registration in the State.
       (b) Grants.--To carry out this program, the Secretary may 
     make a grant to each eligible State, but not more than 6 
     eligible States in total, that agrees to comply with the 
     requirements under subsection (c). Funds made available to a 
     State under this section shall be used by the State for the 
     pilot program described in subsection (a).
       (c) Eligibility.--To be eligible for a grant, a State 
     shall--

[[Page H7473]]

       (1) submit an application in such form and manner as the 
     Secretary prescribes;
       (2) agree to notify, at the time of registration, each 
     owner or lessee of a motor vehicle presented for registration 
     in the State of any open recall on that vehicle;
       (3) provide the open motor vehicle recall information at no 
     cost to each owner or lessee of a motor vehicle presented for 
     registration in the State; and
       (4) provide such other information as the Secretary may 
     require.
       (d) Awards.--In selecting an applicant for an award under 
     this section, the Secretary shall consider the State's 
     methodology for determining open recalls on a motor vehicle, 
     for informing consumers of the open recalls, and for 
     determining performance.
       (e) Performance Period.--Each grant awarded under this 
     section shall require a 2-year performance period.
       (f) Report.--Not later than 90 days after the completion of 
     the performance period under subsection (e), a grantee shall 
     provide to the Secretary a report of performance containing 
     such information as the Secretary considers necessary to 
     evaluate the extent to which open recalls have been remedied.
       (g) Evaluation.--Not later than 180 days after the 
     completion of the pilot program, the Secretary shall evaluate 
     the extent to which open recalls identified have been 
     remedied.
       (h) Definitions.--In this section:
       (1) Consumer.--The term ``consumer'' includes owner and 
     lessee.
       (2) Motor vehicle.--The term ``motor vehicle'' has the 
     meaning given the term under section 30102(a) of title 49, 
     United States Code.
       (3) Open recall.--The term ``open recall'' means a recall 
     for which a notification by a manufacturer has been provided 
     under section 30119 of title 49, United States Code, and that 
     has not been remedied under section 30120 of that title.
       (4) Registration.--The term ``registration'' means the 
     process for registering motor vehicles in the State.
       (5) State.--The term ``State'' has the meaning given the 
     term under section 101(a) of title 23, United States Code.

     SEC. 34206. RECALL OBLIGATIONS UNDER BANKRUPTCY.

       Section 30120A is amended by striking ``chapter 11 of title 
     11,'' and inserting ``chapter 7 or chapter 11 of title 11''.

     SEC. 34207. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.

       Section 30120(f) is amended--
       (1) by inserting ``(1) In general.--'' before ``A 
     manufacturer'' and indenting appropriately;
       (2) in paragraph (1), as redesignated, by striking the 
     period at the end and inserting the following: ``if--
       ``(A) at the time of providing service for each of the 
     manufacturer's motor vehicles it services, the dealer 
     notifies the owner or the individual requesting the service 
     of any open recall; and
       ``(B) the notification requirement under subparagraph (A) 
     is specified in a franchise, operating, or other agreement 
     between the dealer and the manufacturer.''; and
       (3) by adding at the end the following:
       ``(2) Definition of open recall.--In this subsection, the 
     term `open recall' means a recall for which a notification by 
     a manufacturer has been provided under section 30119 and that 
     has not been remedied under this section.''.

     SEC. 34208. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE 
                   DEFECTS.

       Section 30120(b) of title 49, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``60 days'' and inserting 
     ``180 days''; and
       (2) in paragraph (2), by striking ``60-day'' each place it 
     appears and inserting ``180-day''.

     SEC. 34209. RENTAL CAR SAFETY.

       (a) Short Title.--This section may be cited as the 
     ``Raechel and Jacqueline Houck Safe Rental Car Act of 2015''.
       (b) Definitions.--Section 30102(a) is amended--
       (1) by redesignating paragraphs (10) and (11) as paragraphs 
     (12) and (13), respectively;
       (2) by redesignating paragraphs (1) through (9) as 
     paragraphs (2) through (10), respectively;
       (3) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `covered rental vehicle' means a motor vehicle that--
       ``(A) has a gross vehicle weight rating of 10,000 pounds or 
     less;
       ``(B) is rented without a driver for an initial term of 
     less than 4 months; and
       ``(C) is part of a motor vehicle fleet of 5 or more motor 
     vehicles that are used for rental purposes by a rental 
     company.''; and
       (4) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) `rental company' means a person who--
       ``(A) is engaged in the business of renting covered rental 
     vehicles; and
       ``(B) uses for rental purposes a motor vehicle fleet of 5 
     or more covered rental vehicles.''.
       (c) Remedies for Defects and Noncompliance.--Section 
     30120(i) is amended--
       (1) in the subsection heading, by adding ``, or Rental'' at 
     the end;
       (2) in paragraph (1)--
       (A) by striking ``(1) If notification'' and inserting the 
     following:
       ``(1) In general.--If notification'';
       (B) by indenting subparagraphs (A) and (B) four ems from 
     the left margin;
       (C) by inserting ``or the manufacturer has provided to a 
     rental company notification about a covered rental vehicle in 
     the company's possession at the time of notification'' after 
     ``time of notification'';
       (D) by striking ``the dealer may sell or lease,'' and 
     inserting ``the dealer or rental company may sell, lease, or 
     rent''; and
       (E) in subparagraph (A), by striking ``sale or lease'' and 
     inserting ``sale, lease, or rental agreement'';
       (3) by amending paragraph (2) to read as follows:
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit a dealer or rental company from 
     offering the vehicle or equipment for sale, lease, or 
     rent.''; and
       (4) by adding at the end the following:
       ``(3) Specific rules for rental companies.--
       ``(A) In general.--Except as otherwise provided under this 
     paragraph, a rental company shall comply with the limitations 
     on sale, lease, or rental set forth in subparagraph (C) and 
     paragraph (1) as soon as practicable, but not later than 24 
     hours after the earliest receipt of the notice to owner under 
     subsection (b) or (c) of section 30118 (including the vehicle 
     identification number for the covered vehicle) by the rental 
     company, whether by electronic means or first class mail.
       ``(B) Special rule for large vehicle fleets.--
     Notwithstanding subparagraph (A), if a rental company 
     receives a notice to owner covering more than 5,000 motor 
     vehicles in its fleet, the rental company shall comply with 
     the limitations on sale, lease, or rental set forth in 
     subparagraph (C) and paragraph (1) as soon as practicable, 
     but not later than 48 hours after the earliest receipt of the 
     notice to owner under subsection (b) or (c) of section 30118 
     (including the vehicle identification number for the covered 
     vehicle) by the rental company, whether by electronic means 
     or first class mail.
       ``(C) Special rule for when remedies not immediately 
     available.--If a notification required under subsection (b) 
     or (c) of section 30118 indicates that the remedy for the 
     defect or noncompliance is not immediately available and 
     specifies actions to temporarily alter the vehicle that 
     eliminate the safety risk posed by the defect or 
     noncompliance, the rental company, after causing the 
     specified actions to be performed, may rent (but may not sell 
     or lease) the motor vehicle. Once the remedy for the rental 
     vehicle becomes available to the rental company, the rental 
     company may not rent the vehicle until the vehicle has been 
     remedied, as provided in subsection (a).
       ``(D) Inapplicability to junk automobiles.--Notwithstanding 
     paragraph (1), this subsection does not prohibit a rental 
     company from selling a covered rental vehicle if such 
     vehicle--
       ``(i) meets the definition of a junk automobile under 
     section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 
     30501);
       ``(ii) is retitled as a junk automobile pursuant to 
     applicable State law; and
       ``(iii) is reported to the National Motor Vehicle 
     Information System, if required under section 204 of such Act 
     (49 U.S.C. 30504).''.
       (d) Making Safety Devices and Elements Inoperative.--
     Section 30122(b) is amended by inserting ``rental company,'' 
     after ``dealer,'' each place such term appears.
       (e) Inspections, Investigations, and Records.--Section 
     30166 is amended--
       (1) in subsection (c)(2), by striking ``or dealer'' each 
     place such term appears and inserting ``dealer, or rental 
     company'';
       (2) in subsection (e), by striking ``or dealer'' each place 
     such term appears and inserting ``dealer, or rental 
     company''; and
       (3) in subsection (f), by striking ``or to owners'' and 
     inserting ``, rental companies, or other owners''.
       (f) Research Authority.--The Secretary of Transportation 
     may conduct a study of--
       (1) the effectiveness of the amendments made by this 
     section; and
       (2) other activities of rental companies (as defined in 
     section 30102(a)(11) of title 49, United States Code) related 
     to their use and disposition of motor vehicles that are the 
     subject of a notification required under section 30118 of 
     title 49, United States Code.
       (g) Study.--
       (1) Additional requirement.--Section 32206(b)(2) of the 
     Moving Ahead for Progress in the 21st Century Act (Public Law 
     112-141; 126 Stat. 785) is amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (E) the following:
       ``(F) evaluate the completion of safety recall remedies on 
     rental trucks; and''.
       (2) Report.--Section 32206(c) of such Act is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by striking ``Report.--Not later'' and inserting the 
     following:
       ``(c) Reports.--
       ``(1) Initial report.--Not later'';
       (C) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subparagraphs (A) through (E) and (G) of 
     subsection (b)(2)''; and
       (D) by adding at the end the following:
       ``(2) Safety recall remedy report.--Not later than 1 year 
     after the date of the enactment of the `Raechel and 
     Jacqueline Houck Safe Rental Car Act of 2015', the Secretary 
     shall submit a report to the congressional committees set 
     forth in paragraph (1) that contains--
       ``(A) the findings of the study conducted pursuant to 
     subsection (b)(2)(F); and
       ``(B) any recommendations for legislation that the 
     Secretary determines to be appropriate.''.
       (h) Public Comments.--The Secretary shall solicit comments 
     regarding the implementation of this section from members of 
     the public, including rental companies, consumer 
     organizations, automobile manufacturers, and automobile 
     dealers.
       (i) Rule of Construction.--Nothing in this section or the 
     amendments made by this section--
       (1) may be construed to create or increase any liability, 
     including for loss of use, for a manufacturer as a result of 
     having manufactured or

[[Page H7474]]

     imported a motor vehicle subject to a notification of defect 
     or noncompliance under subsection (b) or (c) of section 30118 
     of title 49, United States Code; or
       (2) shall supersede or otherwise affect the contractual 
     obligations, if any, between such a manufacturer and a rental 
     company (as defined in section 30102(a) of title 49, United 
     States Code).
       (j) Rulemaking.--The Secretary may promulgate rules, as 
     appropriate, to implement this section and the amendments 
     made by this section.
       (k) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.

     SEC. 34210. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF 
                   MOTOR VEHICLE SAFETY.

       (a) Increase in Civil Penalties.--Section 30165(a) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``$5,000'' and inserting ``$21,000''; and
       (B) by striking ``$35,000,000'' and inserting 
     ``$105,000,000''; and
       (2) in paragraph (3)--
       (A) by striking ``$5,000'' and inserting ``$21,000''; and
       (B) by striking ``$35,000,000'' and inserting 
     ``$105,000,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     of this section take effect on the date that the Secretary 
     certifies to Congress that the National Highway Traffic 
     Safety Administration has issued the final rule required by 
     section 31203(b) of the Moving Ahead for Progress In the 21st 
     Century Act (Public Law 112-141; 126 Stat. 758; 49 U.S.C. 
     30165 note).
       (c) Publication of Effective Date.--The Secretary shall 
     publish notice of the effective date under subsection (b) of 
     this section in the Federal Register.

     SEC. 34211. ELECTRONIC ODOMETER DISCLOSURES.

       Section 32705(g) is amended--
       (1) by inserting ``(1)'' before ``Not later than'' and 
     indenting appropriately; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding paragraph (1) and subject to 
     paragraph (3), a State, without approval from the Secretary 
     under subsection (d), may allow for written disclosures or 
     notices and related matters to be provided electronically 
     if--
       ``(A) in compliance with--
       ``(i) the requirements of subchapter 1 of chapter 96 of 
     title 15; or
       ``(ii) the requirements of a State law under section 
     7002(a) of title 15; and
       ``(B) the disclosures or notices otherwise meet the 
     requirements under this section, including appropriate 
     authentication and security measures.
       ``(3) Paragraph (2) ceases to be effective on the date the 
     regulations under paragraph (1) become effective.''.

     SEC. 34212. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

       Section 30166(o) is amended--
       (1) in paragraph (1), by striking ``may'' and inserting 
     ``shall''; and
       (2) by adding at the end the following:
       ``(3) Deadline.--Not later than 1 year after the date of 
     enactment of the Comprehensive Transportation and Consumer 
     Protection Act of 2015, the Secretary shall issue a final 
     rule under paragraph (1).''.

     SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS.

       (a) Recall Notification Report.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     issue a report on the feasibility of a technical system that 
     would operate in each new motor vehicle to indicate when the 
     vehicle is subject to an open recall.
       (b) Definition of Open Recall.--In this section the term 
     ``open recall'' means a recall for which a notification by a 
     manufacturer has been provided under section 30119 of title 
     49, United States Code, and that has not been remedied under 
     section 30120 of that title.

     SEC. 34214. UNATTENDED CHILDREN WARNING.

       Section 31504(a) of the Moving Ahead for Progress in the 
     21st Century Act (49 U.S.C. 30111 note) is amended by 
     striking ``may'' and inserting ``shall''.

     SEC. 34215. TIRE PRESSURE MONITORING SYSTEM.

       (a) Proposed Rule.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall publish a proposed 
     rule that updates the standards pertaining to tire pressure 
     monitoring systems to ensure that a tire pressure monitoring 
     system that is installed in a new motor vehicle after the 
     effective date of the revised standards cannot, to a level 
     other than a safe pressure level, be--
       (1) overridden;
       (2) reset; or
       (3) recalibrated.
       (b) Safe Pressure Level.--For the purposes of subsection 
     (a), the term ``safe pressure level'' shall mean a pressure 
     level consistent with the TPMS detection requirements 
     contained in S4.2(a) of section 571.138 of title 49, Code of 
     Federal Regulations, or any corresponding similar regulation 
     or ruling.
       (c) Final Rule.--Not later than 2 years after the date of 
     enactment of this Act, after providing the public with 
     sufficient opportunity for notice and comment on the proposed 
     rule published under subsection (a), the Secretary shall 
     issue a final rule on the subject described in subsection 
     (a).

      Subtitle C--Research and Development and Vehicle Electronics

     SEC. 34301. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE 
                   ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING 
                   TECHNOLOGIES.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report regarding the operations of the Council for Vehicle 
     Electronics, Vehicle Software, and Emerging Technologies 
     established under section 31401 of the Moving Ahead for 
     Progress in the 21st Century Act (49 U.S.C. 105 note). The 
     report shall include information about the accomplishments of 
     the Council, the role of the Council in integrating and 
     aggregating electronic and emerging technologies expertise 
     across the National Highway Traffic Safety Administration, 
     the role of the Council in coordinating with other Federal 
     agencies, and the priorities of the Council over the next 5 
     years.

     SEC. 34302. COOPERATION WITH FOREIGN GOVERNMENTS.

       (a) Title 49 Amendment.--Section 30182(b) is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (5) the following:
       ``(6) in coordination with Department of State, enter into 
     cooperative agreements and collaborative research and 
     development agreements with foreign governments.''.
       (b) Title 23 Amendment.--Section 403 of title 23, United 
     States Code, is amended--
       (1) in subsection (b)(2)(C), by inserting ``foreign 
     government (in coordination with the Department of State)'' 
     after ``institution,''; and
       (2) in subsection (c)(1)(A), by inserting ``foreign 
     governments,'' after ``local governments,''.
       (c) Audit.--The Department of Transportation Inspector 
     General shall conduct an audit of the Secretary of 
     Transportation's management and oversight of cooperative 
     agreements and collaborative research and development 
     agreements, including any cooperative agreements between the 
     Secretary of Transportation and foreign governments under 
     section 30182(b)(6) of title 49, United States Code, and 
     subsections (b)(2)(C) and (c)(1)(A) of title 23, United 
     States Code.

                  Subtitle D--Miscellaneous Provisions

                   PART I--DRIVER PRIVACY ACT OF 2015

     SEC. 34401. SHORT TITLE.

       This part may be cited as the ``Driver Privacy Act of 
     2015''.

     SEC. 34402. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT 
                   DATA RECORDERS.

       (a) Ownership of Data.--Any data retained by an event data 
     recorder (as defined in section 563.5 of title 49, Code of 
     Federal Regulations), regardless of when the motor vehicle in 
     which it is installed was manufactured, is the property of 
     the owner, or, in the case of a leased vehicle, the lessee of 
     the motor vehicle in which the event data recorder is 
     installed.
       (b) Privacy.--Data recorded or transmitted by an event data 
     recorder described in subsection (a) may not be accessed by a 
     person other than an owner or a lessee of the motor vehicle 
     in which the event data recorder is installed unless--
       (1) a court or other judicial or administrative authority 
     having jurisdiction--
       (A) authorizes the retrieval of the data; and
       (B) to the extent that there is retrieved data, the data is 
     subject to the standards for admission into evidence required 
     by that court or other administrative authority;
       (2) an owner or a lessee of the motor vehicle provides 
     written, electronic, or recorded audio consent to the 
     retrieval of the data for any purpose, including the purpose 
     of diagnosing, servicing, or repairing the motor vehicle, or 
     by agreeing to a subscription that describes how data will be 
     retrieved and used;
       (3) the data is retrieved pursuant to an investigation or 
     inspection authorized under section 1131(a) or 30166 of title 
     49, United States Code, and the personally identifiable 
     information of an owner or a lessee of the vehicle and the 
     vehicle identification number is not disclosed in connection 
     with the retrieved data, except that the vehicle 
     identification number may be disclosed to the certifying 
     manufacturer;
       (4) the data is retrieved for the purpose of determining 
     the need for, or facilitating, emergency medical response in 
     response to a motor vehicle crash; or
       (5) the data is retrieved for traffic safety research, and 
     the personally identifiable information of an owner or a 
     lessee of the vehicle and the vehicle identification number 
     is not disclosed in connection with the retrieved data.

     SEC. 34403. VEHICLE EVENT DATA RECORDER STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the National 
     Highway Traffic Safety Administration shall submit to 
     Congress a report that contains the results of a study 
     conducted by the Administrator to determine the amount of 
     time event data recorders installed in passenger motor 
     vehicles should capture and record for retrieval vehicle-
     related data in conjunction with an event in order to provide 
     sufficient information to investigate the cause of motor 
     vehicle crashes.
       (b) Rulemaking.--Not later than 2 years after submitting 
     the report required under subsection (a), the Administrator 
     of the National Highway Traffic Safety Administration shall 
     promulgate regulations to establish the appropriate period 
     during which event data recorders installed in passenger 
     motor vehicles may capture and record for retrieval vehicle-
     related data to the time necessary to provide accident 
     investigators with vehicle-related information pertinent to 
     crashes involving such motor vehicles.

[[Page H7475]]

  


         PART II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

     SEC. 34421. SHORT TITLE.

       This part may be cited as the ``Safety Through Informed 
     Consumers Act of 2015''.

     SEC. 34422. PASSENGER MOTOR VEHICLE INFORMATION.

       Section 32302 is amended by inserting after subsection (b) 
     the following:
       ``(c) Crash Avoidance.--Not later than 1 year after the 
     date of enactment of the Safety Through Informed Consumers 
     Act of 2015, the Secretary shall promulgate a rule to ensure 
     that crash avoidance information is indicated next to 
     crashworthiness information on stickers placed on motor 
     vehicles by their manufacturers.''.

    PART III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015

     SEC. 34431. SHORT TITLE.

       This part may be cited as the ``Tire Efficiency, Safety, 
     and Registration Act of 2015'' or the ``TESR Act''.

     SEC. 34432. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE 
                   STANDARDS.

       Section 32304A is amended--
       (1) in the section heading, by inserting ``AND STANDARDS'' 
     after ``CONSUMER TIRE INFORMATION'';
       (2) in subsection (a)--
       (A) in the heading, by striking ``Rulemaking'' and 
     inserting ``Consumer Tire Information''; and
       (B) in paragraph (1), by inserting ``(referred to in this 
     section as the `Secretary')'' after ``Secretary of 
     Transportation'';
       (3) by redesignating subsections (b) through (e) as 
     subsections (e) though (h), respectively; and
       (4) by inserting after subsection (a) the following:
       ``(b) Promulgation of Regulations for Tire Fuel Efficiency 
     Minimum Performance Standards.--
       ``(1) In general.--The Secretary, after consultation with 
     the Secretary of Energy and the Administrator of the 
     Environmental Protection Agency, shall promulgate regulations 
     for tire fuel efficiency minimum performance standards for--
       ``(A) passenger car tires with a maximum speed capability 
     equal to or less than 149 miles per hour or 240 kilometers 
     per hour; and
       ``(B) passenger car tires with a maximum speed capability 
     greater than 149 miles per hour or 240 kilometers per hour.
       ``(2) Tire fuel efficiency minimum performance standards.--
       ``(A) Standard basis and test procedures.--The minimum 
     performance standards promulgated under paragraph (1) shall 
     be expressed in terms of the rolling resistance coefficient 
     measured using the test procedure specified in section 
     575.106 of title 49, Code of Federal Regulations (as in 
     effect on the date of enactment of this Act).
       ``(B) No disparate effect on high performance tires.--The 
     Secretary shall ensure that the minimum performance standards 
     promulgated under paragraph (1) will not have a 
     disproportionate effect on passenger car high performance 
     tires with a maximum speed capability greater than 149 miles 
     per hour or 240 kilometers per hour.
       ``(C) Applicability.--
       ``(i) In general.--This subsection applies to new pneumatic 
     tires for use on passenger cars.
       ``(ii) Exceptions.--This subsection does not apply to light 
     truck tires, deep tread tires, winter-type snow tires, space-
     saver or temporary use spare tires, or tires with nominal rim 
     diameters of 12 inches or less.
       ``(c) Promulgation of Regulations for Tire Wet Traction 
     Minimum Performance Standards.--
       ``(1) In general.--The Secretary shall promulgate 
     regulations for tire wet traction minimum performance 
     standards to ensure that passenger tire wet traction 
     capability is not reduced to achieve improved tire fuel 
     efficiency.
       ``(2) Tire wet traction minimum performance standards.--
       ``(A) Basis of standard.--The minimum performance standards 
     promulgated under paragraph (1) shall be expressed in terms 
     of peak coefficient of friction.
       ``(B) Test procedures.--Any test procedure promulgated 
     under this subsection shall be consistent with any test 
     procedure promulgated under subsection (a).
       ``(C) Benchmarking.--The Secretary shall conduct testing to 
     benchmark the wet traction performance of tire models 
     available for sale in the United States as of the date of 
     enactment of this Act to ensure that the minimum performance 
     standards promulgated under paragraph (1) are tailored to--
       ``(i) tires sold in the United States; and
       ``(ii) the needs of consumers in the United States.
       ``(D) Applicability.--
       ``(i) In general.--This subsection applies to new pneumatic 
     tires for use on passenger cars.
       ``(ii) Exceptions.--This subsection does not apply to light 
     truck tires, deep tread tires, winter-type snow tires, space-
     saver or temporary use spare tires, or tires with nominal rim 
     diameters of 12 inches or less.
       ``(d) Coordination Among Regulations.--
       ``(1) Compatibility.--The Secretary shall ensure that the 
     test procedures and requirements promulgated under 
     subsections (a), (b), and (c) are compatible and consistent.
       ``(2) Combined effect of rules.--The Secretary shall 
     evaluate the regulations promulgated under subsections (b) 
     and (c) to ensure that compliance with the minimum 
     performance standards promulgated under subsection (b) will 
     not diminish wet traction performance of affected tires.
       ``(3) Rulemaking deadlines.--The Secretary shall 
     promulgate--
       ``(A) the regulations under subsections (b) and (c) not 
     later than 24 months after the date of enactment of this Act; 
     and
       ``(B) the regulations under subsection (c) not later than 
     the date of promulgation of the regulations under subsection 
     (b).''.

     SEC. 34433. TIRE REGISTRATION BY INDEPENDENT SELLERS.

       Section 30117(b) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) Rulemaking.--
       ``(A) In general.--The Secretary shall initiate a 
     rulemaking to require a distributor or dealer of tires that 
     is not owned or controlled by a manufacturer of tires to 
     maintain records of--
       ``(i) the name and address of tire purchasers and lessors 
     and information identifying the tire that was purchased or 
     leased; and
       ``(ii) any additional records the Secretary considers 
     appropriate.
       ``(B) Electronic transmission.--The rulemaking carried out 
     under subparagraph (A) shall require a distributor or dealer 
     of tires that is not owned or controlled by a manufacturer of 
     tires to electronically transmit the records described in 
     clauses (i) and (ii) of subparagraph (A) to the manufacturer 
     of the tires or the designee of the manufacturer by secure 
     means at no cost to tire purchasers or lessors.
       ``(C) Satisfaction of requirements.--A regulation 
     promulgated under subparagraph (A) may be considered to 
     satisfy the requirements of paragraph (2)(B).''.

     SEC. 34434. TIRE RECALL DATABASE.

       (a) In General.--The Secretary shall establish a publicly 
     available and searchable electronic database of tire recall 
     information that is reported to the Administrator of the 
     National Highway Traffic Safety Administration.
       (b) Tire Identification Number.--The database established 
     under subsection (a) shall be searchable by Tire 
     Identification Number (TIN) and any other criteria that 
     assists consumers in determining whether a tire is subject to 
     a recall.

        TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY

     SEC. 35001. SHORT TITLE.

       This title may be cited as the ``Railroad Reform, 
     Enhancement, and Efficiency Act''.

     SEC. 35002. PASSENGER TRANSPORTATION; DEFINITIONS.

       Section 24102 is amended--
       (1) by redesignating paragraphs (5) through (9) as 
     paragraphs (6) through (10), respectively;
       (2) by inserting after paragraph (4), the following:
       ``(5) `long-distance route' means a route described in 
     paragraph (6)(C).'';
       (3) by amending paragraph (6)(A), as redesignated, to read 
     as follows:
       ``(A) the Northeast Corridor main line between Boston, 
     Massachusetts and the Virginia Avenue interlocking in the 
     District of Columbia, and the facilities and services used to 
     operate and maintain that line;'';
       (4) in paragraph (7), as redesignated, by striking the 
     period at the end and inserting ``, except that the term 
     `Northeast Corridor' for the purposes of chapter 243 means 
     the main line between Boston, Massachusetts and the Virginia 
     Avenue interlocking in the District of Columbia, and the 
     facilities and services used to operate and maintain that 
     line.''; and
       (5) by adding at the end the following:
       ``(11) `state-of-good-repair' means a condition in which 
     physical assets, both individually and as a system, are--
       ``(A) performing at a level at least equal to that called 
     for in their as-built or as-modified design specification 
     during any period when the life cycle cost of maintaining the 
     assets is lower than the cost of replacing them; and
       ``(B) sustained through regular maintenance and replacement 
     programs.
       ``(12) `State-supported route' means a route described in 
     paragraph (6)(B) or paragraph (6)(D), or in section 
     24702(a).''.

              Subtitle A--Authorization of Appropriations

     SEC. 35101. AUTHORIZATION OF GRANTS TO AMTRAK.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary for the use of Amtrak for deposit into the 
     accounts established under section 24319(a) of title 49, 
     United States Code, the following amounts:
       (1) For fiscal year 2016, $1,450,000,000.
       (2) For fiscal year 2017, $1,550,000,000.
       (3) For fiscal year 2018, $1,700,000,000.
       (4) For fiscal year 2019, $1,900,000,000.
       (b) Project Management Oversight.--The Secretary may 
     withhold up to one half of 1 percent of the amount 
     appropriated under subsection (a) for the costs of management 
     oversight of Amtrak.
       (c) Competition.--In administering grants to Amtrak under 
     section 24318 of title 49, United States Code, the Secretary 
     may withhold, from amounts that would otherwise be made 
     available to Amtrak, such sums as are necessary from the 
     amount appropriated under subsection (a) of this section to 
     cover the operating subsidy described in section 
     24711(b)(1)(E)(ii) of title 49, United States Code.
       (d) State-Supported Route Committee.--The Secretary may 
     withhold up to $2,000,000 from the amount appropriated in 
     each fiscal year under subsection (a) of this section for the 
     use of the State-Supported Route Committee established under 
     section 24712 of title 49, United States Code.
       (e) Northeast Corridor Commission.--The Secretary may 
     withhold up to $5,000,000 from the amount appropriated in 
     each fiscal year under subsection (a) of this section for the 
     use of the Northeast Corridor Commission established under 
     section 24905 of title 49, United States Code.

     SEC. 35102. NATIONAL INFRASTRUCTURE AND SAFETY INVESTMENTS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary for grants under

[[Page H7476]]

     chapter 244 of title 49, United States Code, the following 
     amounts:
       (1) For fiscal year 2016, $350,000,000.
       (2) For fiscal year 2017, $430,000,000.
       (3) For fiscal year 2018, $600,000,000.
       (4) For fiscal year 2019, $900,000,000.
       (b) Project Management Oversight.--The Secretary may 
     withhold up to 1 percent from the amount appropriated under 
     subsection (a) of this section for the costs of project 
     management oversight of grants carried out under chapter 244 
     of title 49, United States Code.

     SEC. 35103. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 
                   TRANSPORTATION SAFETY BOARD RAIL 
                   INVESTIGATIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, there are authorized to be appropriated to the National 
     Transportation Safety Board to carry out railroad accident 
     investigations under section 1131(a)(1)(C) of title 49, 
     United States Code, the following amounts:
       (1) For fiscal year 2016, $6,300,000.
       (2) For fiscal year 2017, $6,400,000.
       (3) For fiscal year 2018, $6,500,000.
       (4) For fiscal year 2019, $6,600,000.
       (b) Investigation Personnel.--Amounts appropriated under 
     subsection (a) of this section shall be available to the 
     National Transportation Safety Board for personnel, in 
     regional offices and in Washington, DC, whose duties involve 
     railroad accident investigations.

     SEC. 35104. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE 
                   OF INSPECTOR GENERAL.

       There are authorized to be appropriated to the Office of 
     Inspector General of Amtrak the following amounts:
       (1) For fiscal year 2016, $20,000,000.
       (2) For fiscal year 2017, $20,500,000.
       (3) For fiscal year 2018, $21,000,000.
       (4) For fiscal year 2019, $21,500,000.

     SEC. 35105. NATIONAL COOPERATIVE RAIL RESEARCH PROGRAM.

       (a) In General.--Section 24910 is amended--
       (1) in subsection (b)--
       (A) in paragraph (12), by striking ``and'';
       (B) in paragraph (13), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(14) to improve the overall safety of intercity passenger 
     and freight rail operations.''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Allocation.--At least $5,000,000 of the amounts 
     appropriated to the Secretary for a fiscal year to carry out 
     railroad research and development programs shall be available 
     to carry out this section.''.

                       Subtitle B--Amtrak Reform

     SEC. 35201. AMTRAK GRANT PROCESS.

       (a) Requirements and Procedures.--Chapter 243 is amended by 
     adding at the end the following:

     ``Sec. 24317. Costs and revenues

       ``(a) Allocation.--Not later than 180 days after the date 
     of enactment of the Railroad Reform, Enhancement, and 
     Efficiency Act, Amtrak shall establish and maintain internal 
     controls to ensure Amtrak's costs, revenues, and other 
     compensation are appropriately and proportionally allocated 
     to its Northeast Corridor train services or infrastructure, 
     its State-supported routes, its long-distance routes, and its 
     other national network activities.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to limit the ability of Amtrak to enter into an 
     agreement with 1 or more States to allocate operating and 
     capital costs under section 209 of the Passenger Rail 
     Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note).

     ``Sec. 24318. Grant process

       ``(a) Procedures for Grant Requests.--Not later than 90 
     days after the date of enactment of the Railroad Reform, 
     Enhancement, and Efficiency Act, the Secretary of 
     Transportation shall establish and transmit to the Committee 
     on Commerce, Science, and Transportation and the Committee on 
     Appropriations of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives substantive 
     and procedural requirements, including schedules, for grant 
     requests under this section.
       ``(b) Grant Requests.--Amtrak shall transmit grant requests 
     for Federal funds appropriated to the Secretary of 
     Transportation for the use of Amtrak to--
       ``(1) the Secretary; and
       ``(2) the Committee on Commerce, Science, and 
     Transportation, the Committee on Appropriations, and the 
     Committee on the Budget of the Senate and the Committee on 
     Transportation and Infrastructure, the Committee on 
     Appropriations, and the Committee on the Budget of the House 
     of Representatives.
       ``(c) Contents.--A grant request under subsection (b) 
     shall--
       ``(1) describe projected operating and capital costs for 
     the upcoming fiscal year for Northeast Corridor train 
     services and infrastructure, Amtrak's State-supported routes, 
     and Amtrak's long-distance routes, and Amtrak's other 
     national network activities, as applicable, in comparison to 
     prior fiscal year actual financial performance;
       ``(2) describe the capital projects to be funded, with cost 
     estimates and an estimated timetable for completion of the 
     projects covered by the request;
       ``(3) assess Amtrak's financial condition;
       ``(4) be displayed on Amtrak's Web site within a reasonable 
     timeframe following its transmission under subsection (b); 
     and
       ``(5) describe how the funding requested in a grant will be 
     allocated to the accounts established under section 24319(a), 
     considering the projected operating losses or capital costs 
     for services and activities associated with such accounts 
     over the time period intended to be covered by the grants.
       ``(d) Review and Approval.--
       ``(1) Thirty-day approval process.--
       ``(A) In general.--Not later than 30 days after the date 
     that Amtrak submits a grant request under this section, the 
     Secretary of Transportation shall complete a review of the 
     request and provide notice to Amtrak that--
       ``(i) the request is approved; or
       ``(ii) the request is disapproved, including the reason for 
     the disapproval and an explanation of any incomplete or 
     deficient items.
       ``(B) Grant agreement.--If a grant request is approved, the 
     Secretary shall enter into a grant agreement with Amtrak that 
     allocates the grant funding to 1 of the 4 accounts 
     established under section 24319(a).
       ``(2) Fifteen-day modification period.--Not later than 15 
     days after the date of the notice under paragraph (1)(A)(ii), 
     Amtrak shall submit a modified request for the Secretary's 
     review.
       ``(3) Modified requests.--Not later than 15 days after the 
     date that Amtrak submits a modified request under paragraph 
     (2), the Secretary shall either approve the modified request, 
     or, if the Secretary finds that the request is still 
     incomplete or deficient, the Secretary shall identify in 
     writing to the Committee on Commerce, Science, and 
     Transportation, the Committee on Appropriations, and the 
     Committee on the Budget of the Senate and the Committee on 
     Transportation and Infrastructure, the Committee on 
     Appropriations, and the Committee on the Budget of the House 
     of Representatives the remaining deficiencies and recommend a 
     process for resolving the outstanding portions of the 
     request.
       ``(e) Payments to Amtrak.--
       ``(1) In general.--A grant agreement entered into under 
     subsection (d) shall specify the operations, services, and 
     other activities to be funded by the grant. The grant 
     agreement shall include provisions, consistent with the 
     requirements of this chapter, to measure Amtrak's performance 
     and ensure accountability in delivering the operations, 
     services, or activities to be funded by the grant.
       ``(2) Schedule.--Except as provided in paragraph (3), in 
     each fiscal year for which amounts are appropriated to the 
     Secretary for the use of Amtrak, and for which the Secretary 
     and Amtrak have entered into a grant agreement under 
     subsection (d), the Secretary shall disburse grant funds to 
     Amtrak on the following schedule:
       ``(A) 50 percent on October 1.
       ``(B) 25 percent on January 1.
       ``(C) 25 percent on April 1.
       ``(3) Exceptions.--The Secretary may make a payment to 
     Amtrak of appropriated funds--
       ``(A) more frequently than the schedule under paragraph (2) 
     if Amtrak, for good cause, requests more frequent payment 
     before the end of a payment period; or
       ``(B) with a different frequency or in different percentage 
     allocations in the event of a continuing resolution or in the 
     absence of an appropriations Act for the duration of a fiscal 
     year.
       ``(f) Availability of Amounts and Early Appropriations.--
     Amounts appropriated to the Secretary for the use of Amtrak 
     shall remain available until expended. Amounts for capital 
     acquisitions and improvements may be appropriated for a 
     fiscal year before the fiscal year in which the amounts will 
     be obligated.
       ``(g) Limitations on Use.--Amounts appropriated to the 
     Secretary for the use of Amtrak may not be used to cross-
     subsidize operating losses or capital costs of commuter rail 
     passenger or freight rail transportation.

     ``Sec. 24319. Accounts

       ``(a) Establishment of Accounts.--Beginning not later than 
     October 1, 2016, Amtrak, in consultation with the Secretary 
     of Transportation, shall define and establish--
       ``(1) a Northeast Corridor investment account, including 
     subaccounts for Amtrak train services and infrastructure;
       ``(2) a State-supported account;
       ``(3) a long-distance account; and
       ``(4) an other national network activities account.
       ``(b) Northeast Corridor Investment Account.--
       ``(1) Deposits.--Amtrak shall deposit in the Northeast 
     Corridor investment account established under subsection 
     (a)(1)--
       ``(A) a portion of the grant funds appropriated under the 
     authorization in section 35101(a) of the Railroad Reform, 
     Enhancement, and Efficiency Act, or any subsequent Act 
     appropriating funds for the use of Amtrak, as specified in a 
     grant agreement entered into under section 24318;
       ``(B) any compensation received from commuter rail 
     passenger transportation providers for such providers' share 
     of capital costs on the Northeast Corridor provided to Amtrak 
     under section 24905(c);
       ``(C) any operating surplus of the Northeast Corridor train 
     services or infrastructure, as allocated under section 24317; 
     and
       ``(D) any other net revenue received in association with 
     the Northeast Corridor, including freight access fees, 
     electric propulsion, and commercial development.
       ``(2) Use of northeast corridor investment account.--Except 
     as provided in subsection (f), amounts deposited in the 
     Northeast Corridor investment account shall be made available 
     for the use of Amtrak for its share of--
       ``(A) capital projects described in section 
     24904(a)(2)(E)(i), and developed under the planning process 
     established under that section, to bring Northeast Corridor 
     infrastructure to a state-of-good-repair;
       ``(B) capital projects described in clauses (ii) and (iv) 
     of section 24904(a)(2)(E) that are developed under the 
     planning process established

[[Page H7477]]

     under that section intended to increase corridor capacity, 
     improve service reliability, and reduce travel time on the 
     Northeast Corridor;
       ``(C) capital projects to improve safety and security;
       ``(D) capital projects to improve customer service and 
     amenities;
       ``(E) acquiring, rehabilitating, manufacturing, 
     remanufacturing, overhauling, or improving equipment and 
     associated facilities used for intercity rail passenger 
     transportation by Northeast Corridor train services;
       ``(F) retirement of principal and payment of interest on 
     loans for capital projects described in this paragraph or for 
     capital leases for equipment and related to the Northeast 
     Corridor;
       ``(G) participation in public-private partnerships, joint 
     ventures, and other mechanisms or arrangements that result in 
     the completion of capital projects described in this 
     paragraph; and
       ``(H) indirect, common, corporate, or other costs directly 
     incurred by or allocated to the Northeast Corridor.
       ``(c) State-Supported Account.--
       ``(1) Deposits.--Amtrak shall deposit in the State-
     supported account established under subsection (a)(2)--
       ``(A) a portion of the grant funds appropriated under the 
     authorization in section 35101(a) of the Railroad Reform, 
     Enhancement, and Efficiency Act, or any subsequent Act 
     appropriating funds for the use of Amtrak, as specified in a 
     grant agreement entered into under section 24318;
       ``(B) any compensation received from States provided to 
     Amtrak under section 209 of the Passenger Rail Investment and 
     Improvement Act of 2008 (42 U.S.C. 24101 note); and
       ``(C) any operating surplus from its State-supported 
     routes, as allocated under section 24317.
       ``(2) Use of state-supported account.--Except as provided 
     in subsection (f), amounts deposited in the State-supported 
     account shall be made available for the use of Amtrak for 
     capital expenses and operating costs, including indirect, 
     common, corporate, or other costs directly incurred by or 
     allocated to State-supported routes, of its State-supported 
     routes and retirement of principal and payment of interest on 
     loans or capital leases attributable to its State-supported 
     routes.
       ``(d) Long-Distance Account.--
       ``(1) Deposits.--Amtrak shall deposit in the long-distance 
     account established under subsection (a)(3)--
       ``(A) a portion of the grant funds appropriated under the 
     authorization in section 35101(a) of the Railroad Reform, 
     Enhancement, and Efficiency Act, or any subsequent Act 
     appropriating funds for the use of Amtrak, as specified in a 
     grant agreement entered into under section 24318;
       ``(B) any compensation received from States provided to 
     Amtrak for costs associated with its long-distance routes; 
     and
       ``(C) any operating surplus from its long-distance routes, 
     as allocated under section 24317.
       ``(2) Use of long-distance account.--Except as provided in 
     subsection (f), amounts deposited in the long-distance 
     account shall be made available for the use of Amtrak for 
     capital expenses and operating costs, including indirect, 
     common, corporate, or other costs directly incurred by or 
     allocated to long-distance routes, of its long-distance 
     routes and retirement of principal and payment of interest on 
     loans or capital leases attributable to the long-distance 
     routes.
       ``(e) Other National Network Activities Account.--
       ``(1) Deposits.--Amtrak shall deposit in the other national 
     network activities account established under subsection 
     (a)(4)--
       ``(A) a portion of the grant funds appropriated under the 
     authorization in section 35101(a) of the Railroad Reform, 
     Enhancement, and Efficiency Act, or any subsequent Act 
     appropriating funds for the use of Amtrak, as specified in a 
     grant agreement entered into under section 24318;
       ``(B) any compensation received from States provided to 
     Amtrak for costs associated with its other national network 
     activities; and
       ``(C) any operating surplus from its other national network 
     activities.
       ``(2) Use of other national network activities account.--
     Except as provided in subsection (f), amounts deposited into 
     the other national network activities account shall be made 
     available for the use of Amtrak for capital and operating 
     costs not allocated to the Northeast Corridor investment 
     account, State-supported account, or long-distance account, 
     and retirement of principal and payment of interest on loans 
     or capital leases attributable to other national network 
     activities.
       ``(f) Transfer Authority.--
       ``(1) Authority.--Amtrak may transfer any funds 
     appropriated under the authorization in section 35101(a) of 
     the Railroad Reform, Enhancement, and Efficiency Act, or any 
     subsequent Act appropriating funds for the use of Amtrak for 
     deposit into the accounts described in that section, or any 
     surplus generated by operations, between the Northeast 
     Corridor, State-supported, long-distance, and other national 
     network activities accounts--
       ``(A) upon the expiration of 10 days after the date that 
     Amtrak notifies the Amtrak Board of Directors, including the 
     Secretary, of the planned transfer; and
       ``(B) with the approval of the Secretary.
       ``(2) Report.--Not later than 5 days after the date that 
     Amtrak notifies the Amtrak Board of Directors of a planned 
     transfer under paragraph (1), Amtrak shall transmit to the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Appropriations of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives a report that 
     includes--
       ``(A) the amount of the transfer; and
       ``(B) a detailed explanation of the reason for the 
     transfer, including--
       ``(i) the effects on Amtrak services funded by the account 
     from which the transfer is drawn, in comparison to a scenario 
     in which no transfer was made; and
       ``(ii) the effects on Amtrak services funded by the account 
     receiving the transfer, in comparison to a scenario in which 
     no transfer was made.
       ``(3) Notifications.--
       ``(A) State-supported account.--Not later than 5 days after 
     the date that Amtrak notifies the Amtrak Board of Directors 
     of a planned transfer under paragraph (1) of funds to or from 
     the State-supported account, Amtrak shall transmit to each 
     State that sponsors a State-supported route a letter that 
     includes the information described under subparagraphs (A) 
     and (B) of paragraph (2).
       ``(B) Northeast corridor account.--Not later than 5 days 
     after the date that Amtrak notifies the Amtrak Board of 
     Directors of a planned transfer under paragraph (1) of funds 
     to or from the Northeast Corridor account, Amtrak shall 
     transmit to the Northeast Corridor Commission a letter that 
     includes the information described under subparagraphs (A) 
     and (B) of paragraph (2).
       ``(g) Enforcement.--The Secretary shall enforce the 
     provisions of each grant agreement under section 24318(d), 
     including any deposit into an account under this section.
       ``(h) Letters of Intent.--
       ``(1) Requirement.--The Secretary may issue a letter of 
     intent to Amtrak announcing an intention to obligate, for a 
     major capital project described in clauses (ii) and (iv) of 
     section 24904(a)(2)(E), an amount from future available 
     budget authority specified in law that is not more than the 
     amount stipulated as the financial participation of the 
     Secretary in the project.
       ``(2) Notice to congress.--At least 30 days before issuing 
     a letter under paragraph (1), the Secretary shall notify in 
     writing the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate and the Committee on Transportation and Infrastructure 
     and the Committee on Appropriations of the House of 
     Representatives of the proposed letter. The Secretary shall 
     include with the notice a copy of the proposed letter, the 
     criteria used for selecting the project for a grant award, 
     and a description of how the project meets the criteria under 
     this section.
       ``(3) Contingent nature of obligation or commitment.--An 
     obligation or administrative commitment may be made only when 
     amounts are appropriated. The letter of intent shall state 
     that the contingent commitment is not an obligation of the 
     Federal Government, and is subject to the availability of 
     appropriations under Federal law and to Federal laws in force 
     or enacted after the date of the contingent commitment.''.
       (b) Conforming Amendments.--The table of contents for 
     chapter 243 is amended by adding at the end the following:

``24317. Costs and revenues.
``24318. Grant process.
``24319. Accounts.''.
       (c) Repeals.--
       (1) Establishment of grant process.--Section 206 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note) and the item relating to that section in 
     the table of contents of that Act are repealed.
       (2) Authorization of appropriations.--Section 24104 and the 
     item relating to that section in the table of contents of 
     chapter 241 are repealed.

     SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS PLANS.

       (a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 
     243, as amended by section 35201 of this Act, is further 
     amended by inserting after section 24319 the following:

     ``Sec. 24320. Amtrak 5-year business line and asset plans

       ``(a) In General.--
       ``(1) Final plans.--Not later than February 15 of each 
     year, Amtrak shall submit to Congress and the Secretary final 
     5-year business line plans and 5-year asset plans prepared in 
     accordance with this section. These final plans shall form 
     the basis for Amtrak's general and legislative annual report 
     to the President and Congress required by section 24315(b).
       ``(2) Fiscal constraint.--Each plan prepared under this 
     section shall be based on funding levels authorized or 
     otherwise available to Amtrak in a fiscal year. In the 
     absence of an authorization or appropriation of funds for a 
     fiscal year, the plans shall be based on the amount of 
     funding available in the previous fiscal year, plus 
     inflation. Amtrak may include an appendix to the asset plan 
     required in subsection (c) that describes any capital funding 
     requirements in excess of amounts authorized or otherwise 
     available to Amtrak in a fiscal year for capital investment.
       ``(b) Amtrak 5-Year Business Line Plans.--
       ``(1) Amtrak business lines.--Amtrak shall prepare a 5-year 
     business line plan for each of the following business lines 
     and services:
       ``(A) Northeast Corridor train services.
       ``(B) State-supported routes operated by Amtrak.
       ``(C) Long-distance routes operated by Amtrak.
       ``(D) Ancillary services operated by Amtrak, including 
     commuter operations and other revenue generating activities 
     as determined by the Secretary in consultation with Amtrak.
       ``(2) Contents of 5-year business line plans.--The 5-year 
     business line plan for each business line shall include, at a 
     minimum--
       ``(A) a statement of Amtrak's vision, goals, and service 
     plan for the business line, coordinated with any entities 
     that are contributing capital or operating funding to support 
     passenger rail services within those business lines,

[[Page H7478]]

     and aligned with Amtrak's Strategic Plan and 5-year asset 
     plans under subsection (c);
       ``(B) all projected revenues and expenditures for the 
     business line, including identification of revenues and 
     expenditures incurred by--
       ``(i) passenger operations;
       ``(ii) non-passenger operations that are directly related 
     to the business line; and
       ``(iii) governmental funding sources, including revenues 
     and other funding received from States;
       ``(C) projected ridership levels for all passenger 
     operations;
       ``(D) estimates of long-term and short-term debt and 
     associated principal and interest payments (both current and 
     forecasts);
       ``(E) annual profit and loss statements and forecasts and 
     balance sheets;
       ``(F) annual cash flow forecasts;
       ``(G) a statement describing the methodologies and 
     significant assumptions underlying estimates and forecasts;
       ``(H) specific performance measures that demonstrate year 
     over year changes in the results of Amtrak's operations;
       ``(I) financial performance for each route within each 
     business line, including descriptions of the cash operating 
     loss or contribution and labor productivity for each route;
       ``(J) specific costs and savings estimates resulting from 
     reform initiatives;
       ``(K) prior fiscal year and projected equipment reliability 
     statistics; and
       ``(L) an identification and explanation of any major 
     adjustments made from previously-approved plans.
       ``(3) 5-year business line plans process.--In meeting the 
     requirements of this section, Amtrak shall--
       ``(A) coordinate the development of the business line plans 
     with the Secretary;
       ``(B) for the Northeast Corridor business line plan, 
     coordinate with the Northeast Corridor Commission and 
     transmit to the Commission the final plan under subsection 
     (a)(1), and consult with other entities, as appropriate;
       ``(C) for the State-supported route business line plan, 
     coordinate with the State-Supported Route Committee 
     established under section 24712;
       ``(D) for the long-distance route business line plan, 
     coordinate with any States or Interstate Compacts that 
     provide funding for such routes, as appropriate;
       ``(E) ensure that Amtrak's annual budget request to 
     Congress is consistent with the information in the 5-year 
     business line plans; and
       ``(F) identify the appropriate Amtrak officials that are 
     responsible for each business line.
       ``(4) Standards to promote financial stability.--In meeting 
     the requirements under this subsection, Amtrak shall use the 
     categories specified in the financial accounting and 
     reporting system developed under section 203 of the Passenger 
     Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note) when preparing its 5-year business line plans.
       ``(c) Amtrak 5-Year Asset Plans.--
       ``(1) Asset categories.--Amtrak shall prepare a 5-year 
     asset plan for each of the following asset categories:
       ``(A) Infrastructure, including all Amtrak-controlled 
     Northeast Corridor assets and other Amtrak-owned 
     infrastructure, and the associated facilities that support 
     the operation, maintenance, and improvement of those assets.
       ``(B) Passenger rail equipment, including all Amtrak-
     controlled rolling stock, locomotives, and mechanical shop 
     facilities that are used to overhaul equipment.
       ``(C) Stations, including all Amtrak-controlled passenger 
     rail stations and elements of other stations for which Amtrak 
     has legal responsibility or intends to make capital 
     investments.
       ``(D) National assets, including national reservations, 
     security, training and training centers, and other assets 
     associated with Amtrak's national passenger rail 
     transportation system.
       ``(2) Contents of 5-year asset plans.--Each asset plan 
     shall include, at a minimum--
       ``(A) a summary of Amtrak's 5-year strategic plan for each 
     asset category, including goals, objectives, any relevant 
     performance metrics, and statutory or regulatory actions 
     affecting the assets;
       ``(B) an inventory of existing Amtrak capital assets, to 
     the extent practicable, including information regarding 
     shared use or ownership, if applicable;
       ``(C) a prioritized list of proposed capital investments 
     that--
       ``(i) categorizes each capital project as being primarily 
     associated with--

       ``(I) normalized capital replacement;
       ``(II) backlog capital replacement;
       ``(III) improvements to support service enhancements or 
     growth;
       ``(IV) strategic initiatives that will improve overall 
     operational performance, lower costs, or otherwise improve 
     Amtrak's corporate efficiency; or
       ``(V) statutory, regulatory, or other legal mandates;

       ``(ii) identifies each project or program that is 
     associated with more than 1 category described in clause (i); 
     and
       ``(iii) describes the anticipated business outcome of each 
     project or program identified under this subparagraph, 
     including an assessment of--

       ``(I) the potential effect on passenger operations, safety, 
     reliability, and resilience;
       ``(II) the potential effect on Amtrak's ability to meet 
     regulatory requirements if the project or program is not 
     funded; and
       ``(III) the benefits and costs; and

       ``(D) annual profit and loss statements and forecasts and 
     balance sheets for each asset category.
       ``(3) 5-year asset plan process.--In meeting the 
     requirements of this subsection, Amtrak shall--
       ``(A) coordinate with each business line described in 
     subsection (b)(1) in the preparation of each 5-year asset 
     plan and ensure integration of each 5-year asset plan with 
     the 5-year business line plans;
       ``(B) as applicable, coordinate with the Northeast Corridor 
     Commission, the State-Supported Route Committee, and owners 
     of assets affected by 5-year asset plans; and
       ``(C) identify the appropriate Amtrak officials that are 
     responsible for each asset category.
       ``(4) Evaluation of national assets costs.--The Secretary 
     shall--
       ``(A) evaluate the costs and scope of all national assets; 
     and
       ``(B) determine the activities and costs that are--
       ``(i) required in order to ensure the efficient operations 
     of a national passenger rail system;
       ``(ii) appropriate for allocation to 1 of the other Amtrak 
     business lines; and
       ``(iii) extraneous to providing an efficient national 
     passenger rail system or are too costly relative to the 
     benefits or performance outcomes they provide.
       ``(5) Definition of national assets.--In this section, the 
     term `national assets' means the Nation's core rail assets 
     shared among Amtrak services, including national 
     reservations, security, training and training centers, and 
     other assets associated with Amtrak's national passenger rail 
     transportation system.
       ``(6) Restructuring of national assets.--Not later than 1 
     year after the date of completion of the evaluation under 
     paragraph (4), the Administrator of the Federal Railroad 
     Administration, in consultation with the Amtrak Board of 
     Directors, the governors of each relevant State, and the 
     Mayor of the District of Columbia, or their designees, shall 
     restructure or reallocate, or both, the national assets costs 
     in accordance with the determination under that section, 
     including making appropriate updates to Amtrak's cost 
     accounting methodology and system.''.
       (b) Effective Date.--The requirements for Amtrak to submit 
     final 5-year business line plans and 5-year asset plans under 
     section 24320 of title 49, United States Code, shall take 
     effect 1 year after the date of enactment of this Act.
       (c) Conforming Amendments.--The table of contents for 
     chapter 243, as amended by section 35201 of this Act, is 
     further amended by adding at the end the following:

``24320. Amtrak 5-year business line and asset plans.''.
       (d) Repeal of 5-Year Financial Plan.--Section 204 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note), and the item relating to that section in 
     the table of contents of that Act, are repealed.
       (e) Identification of Duplicative Reporting Requirements.--
     Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall--
       (1) review existing Amtrak reporting requirements and 
     identify where the existing requirements are duplicative with 
     the business line and capital plans required by section 24320 
     of title 49, United States Code;
       (2) if the duplicative reporting requirements are 
     administrative, the Secretary shall eliminate the duplicative 
     requirements; and
       (3) submit to Congress a report with any recommendations 
     for repealing any other duplicative Amtrak reporting 
     requirements.

     SEC. 35203. STATE-SUPPORTED ROUTE COMMITTEE.

       (a) Amendment.--Chapter 247 is amended by adding at the end 
     the following:

     ``Sec. 24712. State-supported routes operated by Amtrak

       ``(a) State-Supported Route Committee.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Railroad Reform, Enhancement, and 
     Efficiency Act, the Secretary of Transportation shall 
     establish the State-Supported Route Committee (referred to in 
     this section as the `Committee') to promote mutual 
     cooperation and planning pertaining to the rail operations of 
     Amtrak and related activities of trains operated by Amtrak on 
     State-supported routes and to further implement section 209 
     of the Passenger Rail Investment and Improvement Act of 2008 
     (49 U.S.C. 24101 note).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of--
       ``(i) members representing Amtrak;
       ``(ii) members representing the Department of 
     Transportation, including the Federal Railroad 
     Administration; and
       ``(iii) members representing States.
       ``(B) Non-voting members.--The Committee may invite and 
     accept other non-voting members to participate in Committee 
     activities, as appropriate.
       ``(3) Decisionmaking.--The Committee shall establish a bloc 
     voting system under which, at a minimum--
       ``(A) there are 3 separate voting blocs to represent the 
     Committee's voting members, including--
       ``(i) 1 voting bloc to represent the members described in 
     paragraph (2)(A)(i);
       ``(ii) 1 voting bloc to represent the members described in 
     paragraph (2)(A)(ii); and
       ``(iii) 1 voting bloc to represent the members described in 
     paragraph (2)(A)(iii);
       ``(B) each voting bloc has 1 vote;
       ``(C) the vote of the voting bloc representing the members 
     described in paragraph (2)(A)(iii) requires the support of at 
     least two-thirds of that voting bloc's members; and
       ``(D) the Committee makes decisions by unanimous consent of 
     the 3 voting blocs.
       ``(4) Meetings; rules and procedures.--The Committee shall 
     convene a meeting and shall define and implement the rules 
     and procedures governing the Committee's proceedings not 
     later than 180 days after the date of establishment of the 
     Committee by the Secretary. The rules and procedures shall--

[[Page H7479]]

       ``(A) incorporate and further describe the decisionmaking 
     procedures to be used in accordance with paragraph (3); and
       ``(B) be adopted in accordance with such decisionmaking 
     procedures.
       ``(5) Committee decisions.--Decisions made by the Committee 
     in accordance with the Committee's rules and procedures, once 
     established, are binding on all Committee members.
       ``(6) Cost allocation methodology.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Committee may amend the cost allocation methodology required 
     and previously approved under section 209 of the Passenger 
     Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note).
       ``(B) Procedures for changing methodology.--The rules and 
     procedures implemented under paragraph (4) shall include 
     procedures for changing the cost allocation methodology.
       ``(C) Requirements.--The cost allocation methodology 
     shall--
       ``(i) ensure equal treatment in the provision of like 
     services of all States and groups of States; and
       ``(ii) allocate to each route the costs incurred only for 
     the benefit of that route and a proportionate share, based 
     upon factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 route.
       ``(b) Invoices and Reports.--Not later than February 15, 
     2016, and monthly thereafter, Amtrak shall provide to each 
     State that sponsors a State-supported route a monthly invoice 
     of the cost of operating such route, including fixed costs 
     and third-party costs. The Committee shall determine the 
     frequency and contents of the financial and performance 
     reports that Amtrak shall provide to the States, as well as 
     the planning and demand reports that the States shall provide 
     to Amtrak.
       ``(c) Dispute Resolution.--
       ``(1) Request for dispute resolution.--If a dispute arises 
     with respect to the rules and procedures implemented under 
     subsection (a)(4), an invoice or a report provided under 
     subsection (b), implementation or compliance with the cost 
     allocation methodology developed under section 209 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note) or amended under subsection (a)(6) of this 
     section, either Amtrak or the State may request that the 
     Surface Transportation Board conduct dispute resolution under 
     this subsection.
       ``(2) Procedures.--The Surface Transportation Board shall 
     establish procedures for resolution of disputes brought 
     before it under this subsection, which may include provision 
     of professional mediation services.
       ``(3) Binding effect.--A decision of the Surface 
     Transportation Board under this subsection shall be binding 
     on the parties to the dispute.
       ``(4) Obligation.--Nothing in this subsection shall affect 
     the obligation of a State to pay an amount not in dispute.
       ``(d) Assistance.--
       ``(1) In general.--The Secretary may provide assistance to 
     the parties in the course of negotiations for a contract for 
     operation of a State-supported route.
       ``(2) Financial assistance.--From among available funds, 
     the Secretary shall--
       ``(A) provide financial assistance to Amtrak or 1 or more 
     States to perform requested independent technical analysis of 
     issues before the Committee; and
       ``(B) reimburse Members for travel expenses, including per 
     diem in lieu of subsistence, in accordance with section 5703 
     of title 5.
       ``(e) Performance Metrics.--In negotiating a contract for 
     operation of a State-supported route, Amtrak and the State or 
     States that sponsor the route shall consider including 
     provisions that provide penalties and incentives for 
     performance.
       ``(f) Statement of Goals and Objectives.--
       ``(1) In general.--The Committee shall develop a statement 
     of goals, objectives, and associated recommendations 
     concerning the future of State-supported routes operated by 
     Amtrak. The statement shall identify the roles and 
     responsibilities of Committee members and any other relevant 
     entities, such as host railroads, in meeting the identified 
     goals and objectives, or carrying out the recommendations. 
     The Committee may consult with such relevant entities, as the 
     Committee considers appropriate, when developing the 
     statement.
       ``(2) Transmission of statement of goals and objectives.--
     Not later than 2 years after the date of enactment of the 
     Railroad Reform, Enhancement, and Efficiency Act the 
     Committee shall transmit the statement developed under 
     paragraph (1) to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       ``(g) Rule of Construction.--The decisions of the 
     Committee--
       ``(1) shall pertain to the rail operations of Amtrak and 
     related activities of trains operated by Amtrak on State-
     sponsored routes; and
       ``(2) shall not pertain to the rail operations or related 
     activities of services operated by other rail passenger 
     carriers on State-supported routes.
       ``(h) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Committee.
       ``(i) Definition of State.--In this section, the term 
     `State' means any of the 50 States, the District of Columbia, 
     or a public entity that sponsor the operation of trains by 
     Amtrak on a State-supported route.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents for chapter 247 is amended by adding at the end the 
     following:

``24712. State-supported routes operated by Amtrak.''.

     SEC. 35204. ROUTE AND SERVICE PLANNING DECISIONS.

       Section 208 of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note) is amended to 
     read as follows:

     ``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE 
                   PLANNING DECISIONS.

       ``(a) Methodology Development.--Not later than 180 days 
     after the date of enactment of the Railroad Reform, 
     Enhancement, and Efficiency Act, as a condition of receiving 
     a grant under section 101 of that Act, Amtrak shall obtain 
     the services of an independent entity to develop and 
     recommend objective methodologies for Amtrak to use in 
     determining what intercity rail passenger transportation 
     routes and services it should provide, including the 
     establishment of new routes, the elimination of existing 
     routes, and the contraction or expansion of services or 
     frequencies over such routes.
       ``(b) Considerations.--Amtrak shall require the independent 
     entity, in developing the methodologies described in 
     subsection (a), to consider--
       ``(1) the current and expected performance and service 
     quality of intercity rail passenger transportation 
     operations, including cost recovery, on-time performance, 
     ridership, on-board services, stations, facilities, 
     equipment, and other services;
       ``(2) the connectivity of a route with other routes;
       ``(3) the transportation needs of communities and 
     populations that are not well served by intercity rail 
     passenger transportation service or by other forms of 
     intercity transportation;
       ``(4) the methodologies of Amtrak and major intercity rail 
     passenger transportation service providers in other countries 
     for determining intercity passenger rail routes and services;
       ``(5) the financial and operational effects on the overall 
     network, including the effects on indirect costs;
       ``(6) the views of States and the recommendations described 
     in State rail plans, rail carriers that own infrastructure 
     over which Amtrak operates, Interstate Compacts established 
     by Congress and States, Amtrak employee representatives, 
     stakeholder organizations, and other interested parties; and
       ``(7) the funding levels that will be available under 
     authorization levels that have been enacted into law.
       ``(c) Recommendations.--Not later than 1 year after the 
     date of enactment of the Railroad Reform, Enhancement, and 
     Efficiency Act, Amtrak shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives recommendations developed by the 
     independent entity under subsection (a).
       ``(d) Consideration of Recommendations.--Not later than 90 
     days after the date the recommendations are transmitted under 
     subsection (c), Amtrak shall consider the adoption of each 
     recommendation and transmit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report explaining the reasons for adopting 
     or not adopting each recommendation.''.

     SEC. 35205. COMPETITION.

       (a) Alternate Passenger Rail Service Pilot Program.--
     Section 24711 is amended to read as follows:

     ``Sec. 24711. Alternate passenger rail service pilot program

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Railroad Reform, Enhancement, and 
     Efficiency Act, the Secretary of Transportation shall 
     promulgate a rule to implement a pilot program for 
     competitive selection of rail carriers for long-distance 
     routes (as defined in section 24102).
       ``(b) Pilot Program Requirements.--
       ``(1) In general.--The pilot program shall--
       ``(A) allow a party described in paragraph (2) to petition 
     the Secretary to provide intercity rail passenger 
     transportation over a long-distance route in lieu of Amtrak 
     for an operations period of 4 years from the date of 
     commencement of service by the winning bidder and, at the 
     option of the Secretary, consistent with the rule promulgated 
     under subsection (a), allow the contract to be renewed for an 
     additional operations period of 4 years, but not to exceed a 
     total of 3 operations periods;
       ``(B) require the Secretary to--
       ``(i) notify the petitioner and Amtrak of receipt of the 
     petition under subparagraph (A) and to publish in the Federal 
     Register a notice of receipt not later than 30 days after the 
     date of receipt; and
       ``(ii) establish a deadline, of not more than 120 days 
     after the notice of receipt is published in the Federal 
     Register under clause (i), by which both the petitioner and 
     Amtrak, if Amtrak chooses to do so, would be required to 
     submit a complete bid to provide intercity rail passenger 
     transportation over the applicable route;
       ``(C) require that each bid--
       ``(i) describe the capital needs, financial projections, 
     and operational plans, including staffing plans, for the 
     service, and such other factors as the Secretary considers 
     appropriate; and
       ``(ii) be made available by the winning bidder to the 
     public after the bid award;
       ``(D) for a route that receives funding from a State or 
     States, require that for each bid received from a party 
     described in paragraph (2), other than a State, the Secretary 
     have the concurrence of the State or States that provide 
     funding for that route;
       ``(E) for a winning bidder that is not or does not include 
     Amtrak, require the Secretary to execute a contract not later 
     than 270 days after the deadline established under 
     subparagraph (B)(ii) and award to the winning bidder--
       ``(i) subject to paragraphs (3) and (4), the right and 
     obligation to provide intercity rail passenger transportation 
     over that route subject

[[Page H7480]]

     to such performance standards as the Secretary may require; 
     and
       ``(ii) an operating subsidy, as determined by the 
     Secretary, for--

       ``(I) the first year at a level that does not exceed 90 
     percent of the level in effect for that specific route during 
     the fiscal year preceding the fiscal year in which the 
     petition was received, adjusted for inflation; and
       ``(II) any subsequent years at the level calculated under 
     subclause (I), adjusted for inflation; and

       ``(F) for a winning bidder that is or includes Amtrak, 
     award to that bidder an operating subsidy, as determined by 
     the Secretary, over the applicable route that will not change 
     during the fiscal year in which the bid was submitted solely 
     as a result of the winning bid.
       ``(2) Eligible petitioners.--The following parties are 
     eligible to submit petitions under paragraph (1):
       ``(A) A rail carrier or rail carriers that own the 
     infrastructure over which Amtrak operates a long-distance 
     route.
       ``(B) A rail passenger carrier with a written agreement 
     with the rail carrier or rail carriers that own the 
     infrastructure over which Amtrak operates a long-distance 
     route and that host or would host the intercity rail 
     passenger transportation.
       ``(C) A State, group of States, or State-supported joint 
     powers authority or other sub-State governance entity 
     responsible for provision of intercity rail passenger 
     transportation with a written agreement with the rail carrier 
     or rail carriers that own the infrastructure over which 
     Amtrak operates a long-distance route and that host or would 
     host the intercity rail passenger transportation.
       ``(D) A State, group of States, or State-supported joint 
     powers authority or other sub-State governance entity 
     responsible for provision of intercity rail passenger 
     transportation and a rail passenger carrier with a written 
     agreement with the rail carrier or rail carriers that own the 
     infrastructure over which Amtrak operates a long-distance 
     route and that host or would host the intercity rail 
     passenger transportation.
       ``(3) Performance standards.--If the winning bidder under 
     paragraph (1)(E)(i) is not or does not include Amtrak, the 
     performance standards shall be consistent with the 
     performance required of or achieved by Amtrak on the 
     applicable route during the last fiscal year.
       ``(4) Agreement governing access issues.--Unless the 
     winning bidder already has applicable access agreements in 
     place or includes a rail carrier that owns the infrastructure 
     used in the operation of the route, the winning bidder under 
     paragraph (1)(E)(i) shall enter into a written agreement 
     governing access issues between the winning bidder and the 
     rail carrier or rail carriers that own the infrastructure 
     over which the winning bidder would operate and that host or 
     would host the intercity rail passenger transportation.
       ``(c) Access to Facilities; Employees.--If the Secretary 
     awards the right and obligation to provide rail passenger 
     transportation over a route under this section to an entity 
     in lieu of Amtrak--
       ``(1) the Secretary shall require Amtrak to provide access 
     to the Amtrak-owned reservation system, stations, and 
     facilities directly related to operations of the awarded 
     routes to the rail passenger carrier awarded a contract under 
     this section, in accordance with subsection (g), as necessary 
     to carry out the purposes of this section;
       ``(2) an employee of any person, except for a freight 
     railroad or a person employed or contracted by a freight 
     railroad, used by such rail passenger carrier in the 
     operation of a route under this section shall be considered 
     an employee of that rail passenger carrier and subject to the 
     applicable Federal laws and regulations governing similar 
     crafts or classes of employees of Amtrak; and
       ``(3) the winning bidder shall provide hiring preference to 
     qualified Amtrak employees displaced by the award of the bid, 
     consistent with the staffing plan submitted by the bidder, 
     and shall be subject to the grant conditions under section 
     24405.
       ``(d) Cessation of Service.--If a rail passenger carrier 
     awarded a route under this section ceases to operate the 
     service or fails to fulfill an obligation under the contract 
     required under subsection (b)(1)(E), the Secretary shall take 
     any necessary action consistent with this title to enforce 
     the contract and ensure the continued provision of service, 
     including--
       ``(1) the installment of an interim rail passenger carrier;
       ``(2) providing to the interim rail passenger carrier under 
     paragraph (1) an operating subsidy necessary to provide 
     service; and
       ``(3) rebidding the contract to operate the rail passenger 
     transportation.
       ``(e) Budget Authority.--
       ``(1) In general.--The Secretary shall provide to a winning 
     bidder that is not or does not include Amtrak and that is 
     selected under this section any appropriations withheld under 
     section 35101(c) of the Railroad Reform, Enhancement, and 
     Efficiency Act, or any subsequent appropriation for the same 
     purpose, necessary to cover the operating subsidy described 
     in subsection (b)(1)(E)(ii).
       ``(2) Amtrak.--If the Secretary selects a winning bidder 
     that is not or does not include Amtrak, the Secretary may 
     provide to Amtrak an appropriate portion of the 
     appropriations under section 35101(a) of the Railroad Reform, 
     Enhancement, and Efficiency Act, or any subsequent 
     appropriation for the same purpose, to cover any cost 
     directly attributable to the termination of Amtrak service on 
     the route and any indirect costs to Amtrak imposed on other 
     Amtrak routes as a result of losing service on the route 
     operated by the winning bidder. Any amount provided by the 
     Secretary to Amtrak under this paragraph shall not be 
     deducted from or have any effect on the operating subsidy 
     described in subsection (b)(1)(E)(ii).
       ``(f) Deadline.--If the Secretary does not promulgate the 
     final rule and implement the program before the deadline 
     under subsection (a), the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a letter, signed by the 
     Secretary and Administrator of the Federal Railroad 
     Administration, each month until the rule is complete, 
     including--
       ``(1) the reasons why the rule has not been issued;
       ``(2) an updated staffing plan for completing the rule as 
     soon as feasible;
       ``(3) the contact information of the official that will be 
     overseeing the execution of the staffing plan; and
       ``(4) the estimated date of completion of the rule.
       ``(g) Disputes.--If Amtrak and the rail passenger carrier 
     awarded a route under this section cannot agree upon terms to 
     carry out subsection (c)(1), and the Surface Transportation 
     Board finds that access to Amtrak's facilities or equipment, 
     or the provision of services by Amtrak, is necessary under 
     subsection (c)(1) and that the operation of Amtrak's other 
     services will not be impaired thereby, the Surface 
     Transportation Board shall issue an order that the facilities 
     and equipment be made available, and that services be 
     provided, by Amtrak, and shall determine reasonable 
     compensation, liability, and other terms for use of the 
     facilities and equipment and provision of the services.
       ``(h) Limitation.--Not more than 3 long-distance routes may 
     be selected under this section for operation by a winning 
     bidder that is not or does not include Amtrak.
       ``(i) Preservation of Right to Competition on State-
     Supported Routes.--Nothing in this section shall be construed 
     as prohibiting a State from introducing competition for 
     intercity rail passenger transportation or services on its 
     State-supported route or routes.''.
       (b) Report.--Not later than 4 years after the date of 
     implementation of the pilot program under section 24711 of 
     title 49, United States Code, and quadrennially thereafter 
     until the pilot program is discontinued, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results on the pilot program 
     to date and any recommendations for further action.

     SEC. 35206. ROLLING STOCK PURCHASES.

       (a) In General.--Prior to entering into any contract in 
     excess of $100,000,000 for rolling stock and locomotive 
     procurements Amtrak shall submit a business case analysis to 
     the Secretary, the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate and the Committee on Transportation and Infrastructure 
     and the Committee on Appropriations of the House of 
     Representatives, on the utility of such procurements.
       (b) Contents.--The business case analysis shall--
       (1) include a cost and benefit comparison that describes 
     the total lifecycle costs and the anticipated benefits 
     related to revenue, operational efficiency, reliability, and 
     other factors;
       (2) set forth the total payments by fiscal year;
       (3) identify the specific source and amounts of funding for 
     each payment, including Federal funds, State funds, Amtrak 
     profits, Federal, State, or private loans or loan guarantees, 
     and other funding;
       (4) include an explanation of whether any payment under the 
     contract will increase Amtrak's grant request, as required 
     under section 24318 of title 49, United States Code, in that 
     particular fiscal year; and
       (5) describe how Amtrak will adjust the procurement if 
     future funding is not available.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed as requiring Amtrak to disclose confidential 
     information regarding a potential vendor's proposed pricing 
     or other sensitive business information prior to contract 
     execution.

     SEC. 35207. FOOD AND BEVERAGE POLICY.

       (a) In General.--Chapter 243, as amended in section 35202 
     of this Act, is further amended by adding after section 24320 
     the following:

     ``Sec. 24321. Food and beverage reform

       ``(a) Plan.--Not later than 90 days after the date of 
     enactment of the Railroad Reform, Enhancement, and Efficiency 
     Act, Amtrak shall develop and begin implementing a plan to 
     eliminate, not later than 4 years after the date of enactment 
     of that Act, the operating loss associated with providing 
     food and beverage service on board Amtrak trains.
       ``(b) Considerations.--In developing and implementing the 
     plan under subsection (a), Amtrak shall consider a 
     combination of cost management and revenue generation 
     initiatives, including--
       ``(1) scheduling optimization;
       ``(2) onboard logistics;
       ``(3) product development and supply chain efficiency;
       ``(4) training, awards, and accountability;
       ``(5) technology enhancements and process improvements; and
       ``(6) ticket revenue allocation.
       ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak 
     employee holding a position as of the date of enactment of 
     the Railroad Reform, Enhancement, and Efficiency Act is 
     involuntarily separated because of--
       ``(1) the development and implementation of the plan 
     required under subsection (a); or
       ``(2) any other action taken by Amtrak to implement this 
     section.

[[Page H7481]]

       ``(d) No Federal Funding for Operating Losses.--Beginning 
     on the date that is 4 years after the date of enactment of 
     the Railroad Reform, Enhancement, and Efficiency Act, no 
     Federal funds may be used to cover any operating loss 
     associated with providing food and beverage service on a 
     route operated by Amtrak or an alternative passenger rail 
     service provider that operates a route in lieu of Amtrak 
     under section 24711.
       ``(e) Report.--Not later than 120 days after the date of 
     enactment of the Railroad Reform, Enhancement, and Efficiency 
     Act, and annually thereafter for a period of 4 years, Amtrak 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the plan developed under 
     subsection (a) and a description of progress in the 
     implementation of the plan.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 243, as amended in section 35202 of this Act, is 
     amended by adding at the end the following:

``24321. Food and beverage reform.''.

     SEC. 35208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, Amtrak shall establish a pilot program 
     for a State or States that sponsor a State-supported route 
     operated by Amtrak to facilitate--
       (1) onboard purchase and sale of local food and beverage 
     products; and
       (2) partnerships with local entities to hold promotional 
     events on trains or in stations.
       (b) Program Design.--The pilot program under paragraph (1) 
     shall allow a State or States--
       (1) to nominate and select a local food and beverage 
     products supplier or suppliers or local promotional event 
     partner;
       (2) to charge a reasonable price or fee for local food and 
     beverage products or promotional events and related 
     activities to help defray the costs of program administration 
     and State-supported routes; and
       (3) a mechanism to ensure that State products can 
     effectively be handled and integrated into existing food and 
     beverage services, including compliance with all applicable 
     regulations and standards governing such services.
       (c) Program Administration.--The pilot program shall--
       (1) for local food and beverage products, ensure the 
     products are integrated into existing food and beverage 
     services, including compliance with all applicable 
     regulations and standards;
       (2) for promotional events, ensure the events are held in 
     compliance with all applicable regulations and standards, 
     including terms to address insurance requirements; and
       (3) require an annual report that documents revenues and 
     costs and indicates whether the products or events resulted 
     in a reduction in the financial contribution of a State or 
     States to the applicable State-supported route.
       (d) Report.--Not later than 4 years after the date of 
     establishment of the pilot programs under this section, 
     Amtrak shall report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on which States have participated in the 
     pilot programs under this section. The report shall summarize 
     the financial and operational outcomes of the pilot programs.
       (e) Rule of Construction.--Nothing in this subsection shall 
     be construed as limiting Amtrak's ability to operate special 
     trains in accordance with section 216 of the Passenger Rail 
     Investment and Improvement Act of 2008 (49 U.S.C. 24308 
     note).

     SEC. 35209. RIGHT-OF-WAY LEVERAGING.

       (a) Request for Proposals.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, Amtrak shall issue a Request for 
     Proposals seeking qualified persons or entities to utilize 
     right-of-way and real estate owned, controlled, or managed by 
     Amtrak for telecommunications systems, energy distribution 
     systems, and other activities considered appropriate by 
     Amtrak.
       (2) Contents.--The Request for Proposals shall provide 
     sufficient information on the right-of-way and real estate 
     assets to enable respondents to propose an arrangement that 
     will monetize or generate additional revenue from such assets 
     through revenue sharing or leasing agreements with Amtrak, to 
     the extent possible.
       (b) Consideration of Proposals.--Not later than 180 days 
     following the deadline for the receipt of proposals under 
     subsection (a), Amtrak shall review and consider each 
     qualified proposal. Amtrak may enter into such agreements as 
     are necessary to implement any qualified proposal.
       (c) Report.--Not later than 270 days following the deadline 
     for the receipt of proposals under subsection (a), Amtrak 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the Request for Proposals 
     required by this section, including summary information of 
     any proposals submitted to Amtrak and any proposals accepted 
     by Amtrak.
       (d) Savings Clause.--Nothing in this section shall be 
     construed to limit Amtrak's ability to utilize right-of-way 
     or real estate assets that it currently owns, controls, or 
     manages or constrain Amtrak's ability to enter into 
     agreements with other parties to utilize such assets.

     SEC. 35210. STATION DEVELOPMENT.

       (a) Report on Development Options.--Not later than 1 year 
     after the date of the enactment of this Act, Amtrak shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes--
       (1) options to enhance economic development and 
     accessibility of and around Amtrak stations and terminals, 
     for the purposes of--
       (A) improving station condition, functionality, capacity, 
     and customer amenities;
       (B) generating additional investment capital and 
     development-related revenue streams;
       (C) increasing ridership and revenue;
       (D) complying with the applicable sections of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 
     the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and
       (E) strengthening multimodal connections, including 
     transit, intercity buses, roll-on and roll-off bicycles, and 
     airports, as appropriate; and
       (2) options for additional Amtrak stops that would have a 
     positive incremental financial impact to Amtrak, based on 
     Amtrak feasibility studies that demonstrate a financial 
     benefit to Amtrak by generating additional revenue that 
     exceeds any incremental costs.
       (b) Request for Information.--Not later than 90 days after 
     the date the report is transmitted under subsection (a), 
     Amtrak shall issue a Request of Information for 1 or more 
     owners of stations served by Amtrak to formally express an 
     interest in completing the requirements of this section.
       (c) Proposals.--
       (1) Request for proposals.--Not later than 180 days after 
     the date the Request for Information is issued under 
     subsection (a), Amtrak shall issue a Request for Proposals 
     from qualified persons, including small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals and veteran-owned small businesses, 
     to lead, participate, or partner with Amtrak, a station owner 
     that responded under subsection (b), and other entities in 
     enhancing development in and around such stations and 
     terminals using applicable options identified under 
     subsection (a) at facilities selected by Amtrak.
       (2) Consideration of proposals.--Not later than 1 year 
     after the date the Request for Proposals are issued under 
     paragraph (1), Amtrak shall review and consider qualified 
     proposals submitted under paragraph (1). Amtrak or a station 
     owner that responded under subsection (b) may enter into such 
     agreements as are necessary to implement any qualified 
     proposal.
       (d) Report.--Not later than 3 years after the date of 
     enactment of this Act, Amtrak shall transmit to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the Request for 
     Proposals process required under this section, including 
     summary information of any qualified proposals submitted to 
     Amtrak and any proposals acted upon by Amtrak or a station 
     owner that responded under subsection (b).
       (e) Definitions.--In this section, the terms ``small 
     business concern'', ``socially and economically disadvantaged 
     individual'', and ``veteran-owned small business'' have the 
     meanings given the terms in section 304(c) of this Act.
       (f) Savings Clause.--Nothing in this section shall be 
     construed to limit Amtrak's ability to develop its stations, 
     terminals, or other assets, to constrain Amtrak's ability to 
     enter into and carry out agreements with other parties to 
     enhance development at or around Amtrak stations or 
     terminals, or to affect any station development initiatives 
     ongoing as of the date of enactment of this Act.

     SEC. 35211. AMTRAK DEBT.

       Section 205 of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note) is amended--
       (1) by striking ``as of the date of enactment of this Act'' 
     each place it appears;
       (2) in subsection (a)--
       (A) by inserting ``, to the extent provided in advance in 
     appropriations Acts'' after ``Amtrak's indebtedness''; and
       (B) by striking the second sentence;
       (3) in subsection (b), by striking ``The Secretary of the 
     Treasury, in consultation'' and inserting ``To the extent 
     amounts are provided in advance in appropriations Acts, the 
     Secretary of the Treasury, in consultation'';
       (4) in subsection (d), by inserting ``, to the extent 
     provided in advance in appropriations Acts'' after ``as 
     appropriate'';
       (5) in subsection (e)--
       (A) in paragraph (1), by striking ``by section 102 of this 
     division''; and
       (B) in paragraph (2), by striking ``by section 102'' and 
     inserting ``for Amtrak'';
       (6) in subsection (g), by inserting ``, unless that debt 
     receives credit assistance, including direct loans and loan 
     guarantees, under chapter 6 of title 23, United States Code 
     or title V of the Railroad Revitalization and Regulatory Act 
     of 1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
       (7) by striking subsection (h).

     SEC. 35212. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING 
                   DOMESTICATED CATS AND DOGS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, Amtrak shall develop a pilot program 
     that allows passengers to transport domesticated cats or dogs 
     on certain trains operated by Amtrak.
       (b) Pet Policy.--In developing the pilot program required 
     under subsection (a), Amtrak shall--
       (1) in the case of a passenger train that is comprised of 
     more than 1 car, designate, where feasible, at least 1 car in 
     which a ticketed passenger may transport a domesticated cat 
     or dog in the same manner as carry-on baggage if--
       (A) the cat or dog is contained in a pet kennel;

[[Page H7482]]

       (B) the pet kennel complies with Amtrak size requirements 
     for carriage of carry-on baggage;
       (C) the passenger is traveling on a train operating on a 
     route described in subparagraph (A), (B), or (D) of section 
     24102(6) of title 49, United States Code; and
       (D) the passenger pays a fee described in paragraph (3);
       (2) allow a ticketed passenger to transport a domesticated 
     cat or dog on a train in the same manner as cargo if--
       (A) the cat or dog is contained in a pet kennel;
       (B) the pet kennel is stowed in accordance with Amtrak 
     requirements for cargo stowage;
       (C) the passenger is traveling on a train operating on a 
     route described in subparagraph (A), (B), or (D) of section 
     24102(6) of title 49, United States Code;
       (D) the cargo area is temperature controlled in a manner 
     protective of cat and dog safety and health; and
       (E) the passenger pays a fee described in paragraph (3); 
     and
       (3) collect fees for each cat or dog transported by a 
     ticketed passenger in an amount that, in the aggregate and at 
     a minimum, covers the full costs of the pilot program.
       (c) Report.--Not later than 1 year after the pilot program 
     required under subsection (a) is first implemented, Amtrak 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing an evaluation of the 
     pilot program.
       (d) Limitation on Statutory Construction.--
       (1) Service animals.--The pilot program under subsection 
     (a) shall be separate from and in addition to the policy 
     governing Amtrak passengers traveling with service animals. 
     Nothing in this section may be interpreted to limit or waive 
     the rights of passengers to transport service animals.
       (2) Additional train cars.--Nothing in this section may be 
     interpreted to require Amtrak to add additional train cars or 
     modify existing train cars.
       (3) Federal funds.--No Federal funds may be used to 
     implement the pilot program required under this section.

     SEC. 35213. AMTRAK BOARD OF DIRECTORS.

       (a) In General.--Section 24302(a) is amended to read as 
     follows:
       ``(a) Composition and Terms.--
       ``(1) In general.--The Amtrak Board of Directors (referred 
     to in this section as the `Board') is composed of the 
     following 9 directors, each of whom must be a citizen of the 
     United States:
       ``(A) The Secretary of Transportation.
       ``(B) The President of Amtrak.
       ``(C) 7 individuals appointed by the President of the 
     United States, by and with the advice and consent of the 
     Senate, with general business and financial experience, 
     experience or qualifications in transportation, freight and 
     passenger rail transportation, travel, hospitality, or 
     passenger air transportation businesses, or representatives 
     of employees or users of passenger rail transportation or a 
     State government.
       ``(2) Selection.--In selecting individuals described in 
     paragraph (1)(C) for nominations for appointments to the 
     Board, the President shall consult with the Speaker of the 
     House of Representatives, the minority leader of the House of 
     Representatives, the majority leader of the Senate, and the 
     minority leader of the Senate. The individuals appointed to 
     the Board under paragraph (1)(C) shall be composed of the 
     following;
       ``(A) 2 individuals from the Northeast Corridor.
       ``(B) 4 individuals from regions of the country outside of 
     the Northeast Corridor and geographically distributed with--
       ``(i) 2 individuals from States with long-distance routes 
     operated by Amtrak; and
       ``(ii) 2 individuals from States with State-supported 
     routes operated by Amtrak.
       ``(C) 1 individual from the Northeast Corridor or a State 
     with long-distance or State-supported routes.
       ``(3) Term.--An individual appointed under paragraph (1)(C) 
     shall be appointed for a term of 5 years. The term may be 
     extended until the individual's successor is appointed and 
     qualified. Not more than 4 individuals appointed under 
     paragraph (1)(C) may be members of the same political party.
       ``(4) Chairperson and vice chairperson.--The Board shall 
     elect a chairperson and vice chairperson, other than the 
     President of Amtrak, from among its membership. The vice 
     chairperson shall serve as chairperson in the absence of the 
     chairperson.
       ``(5) Secretary's designee.--The Secretary may be 
     represented at Board meetings by the Secretary's designee.''.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as affecting the term of any director serving on 
     the Amtrak Board of Directors under section 24302(a)(1)(C) of 
     title 49, United States Code, on the day preceding the date 
     of enactment of this Act.

     SEC. 35214. AMTRAK BOARDING PROCEDURES.

       (a) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Amtrak Office of Inspector General 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that--
       (1) evaluates Amtrak's boarding procedures for passengers, 
     including passengers using or transporting nonmotorized 
     transportation, such as wheelchairs and bicycles, at its 15 
     stations through which the most people pass;
       (2) compares Amtrak's boarding procedures to--
       (A) commuter railroad boarding procedures at stations 
     shared with Amtrak;
       (B) international intercity passenger rail boarding 
     procedures; and
       (C) fixed guideway transit boarding procedures; and
       (3) makes recommendations, as appropriate, in consultation 
     with the Transportation Security Administration, to improve 
     Amtrak's boarding procedures, including recommendations 
     regarding the queuing of passengers and free-flow of all 
     station users and facility improvements needed to achieve the 
     recommendations.
       (b) Consideration of Recommendations.--Not later than 6 
     months after the report is submitted under subsection (a), 
     Amtrak shall consider each recommendation provided under 
     subsection (a)(3) for implementation at appropriate locations 
     across the Amtrak system.

              Subtitle C--Intercity Passenger Rail Policy

     SEC. 35301. COMPETITIVE OPERATING GRANTS.

       (a) In General.--Chapter 244 is amended--
       (1) by striking section 24406; and
       (2) by inserting after section 24405 the following:

     ``Sec. 24406. Competitive operating grants

       ``(a) Applicant Defined.--In this section, the term 
     `applicant' means--
       ``(1) a State;
       ``(2) a group of States;
       ``(3) an Interstate Compact;
       ``(4) a public agency or publicly chartered authority 
     established by 1 or more States and having responsibility for 
     providing intercity rail passenger transportation or commuter 
     rail passenger transportation;
       ``(5) a political subdivision of a State;
       ``(6) Amtrak or another rail passenger carrier that 
     provides intercity rail passenger transportation;
       ``(7) Any rail carrier in partnership with at least 1 of 
     the entities described in paragraphs (1) through (5); and
       ``(8) any combination of the entities described in 
     paragraphs (1) through (7).
       ``(b) Grants Authorized.--The Secretary of Transportation 
     shall develop and implement a program for issuing 3-year 
     operating assistance grants to applicants, on a competitive 
     basis, for the purpose of initiating, restoring, or enhancing 
     intercity rail passenger service.
       ``(c) Application.--An applicant for a grant under this 
     section shall submit to the Secretary--
       ``(1) a capital and mobilization plan that--
       ``(A) describes any capital investments, service planning 
     actions (such as environmental reviews), and mobilization 
     actions (such as qualification of train crews) required for 
     initiation of service; and
       ``(B) includes the timeline for undertaking and completing 
     each of the investments and actions referred to in 
     subparagraph (A);
       ``(2) an operating plan that describes the planned 
     operation of the service, including--
       ``(A) the identity and qualifications of the train 
     operator;
       ``(B) the identity and qualifications of any other service 
     providers;
       ``(C) service frequency;
       ``(D) the planned routes and schedules;
       ``(E) the station facilities that will be utilized;
       ``(F) projected ridership, revenues, and costs;
       ``(G) descriptions of how the projections under 
     subparagraph (F) were developed;
       ``(H) the equipment that will be utilized, how such 
     equipment will be acquired or refurbished, and where such 
     equipment will be maintained; and
       ``(I) a plan for ensuring safe operations and compliance 
     with applicable safety regulations;
       ``(3) a funding plan that--
       ``(A) describes the funding of initial capital costs and 
     operating costs for the first 3 years of operation;
       ``(B) includes a commitment by the applicant to provide the 
     funds described in subparagraph (A) to the extent not covered 
     by Federal grants and revenues; and
       ``(C) describes the funding of operating costs and capital 
     costs, to the extent necessary, after the first 3 years of 
     operation; and
       ``(4) a description of the status of negotiations and 
     agreements with--
       ``(A) each of the railroads or regional transportation 
     authorities whose tracks or facilities would be utilized by 
     the service;
       ``(B) the anticipated rail passenger carrier, if such 
     entity is not part of the applicant group; and
       ``(C) any other service providers or entities expected to 
     provide services or facilities that will be used by the 
     service, including any required access to Amtrak systems, 
     stations, and facilities if Amtrak is not part of the 
     applicant group.
       ``(d) Priorities.--In awarding grants under this section, 
     the Secretary shall give priority to applications--
       ``(1) for which planning, design, any environmental 
     reviews, negotiation of agreements, acquisition of equipment, 
     construction, and other actions necessary for initiation of 
     service have been completed or nearly completed;
       ``(2) that would restore service over routes formerly 
     operated by Amtrak, including routes with international 
     connections;
       ``(3) that would provide daily or daytime service over 
     routes where such service did not previously exist;
       ``(4) that include private funding (including funding from 
     railroads), and funding or other significant participation by 
     State, local, and regional governmental and private entities;
       ``(5) that include a funding plan that demonstrates the 
     intercity rail passenger service will be financially 
     sustainable beyond the 3-year grant period;
       ``(6) that would provide service to regions and communities 
     that are underserved or not served by other intercity public 
     transportation;
       ``(7) that would foster economic development, particularly 
     in rural communities and for disadvantaged populations;

[[Page H7483]]

       ``(8) that would provide other non-transportation benefits; 
     and
       ``(9) that would enhance connectivity and geographic 
     coverage of the existing national network of intercity 
     passenger rail service.
       ``(e) Limitations.--
       ``(1) Duration.--Federal operating assistance grants 
     authorized under this section for any individual intercity 
     rail passenger transportation route may not provide funding 
     for more than 3 years and may not be renewed.
       ``(2) Limitation.--Not more than 6 of the operating 
     assistance grants awarded pursuant to subsection (b) may be 
     simultaneously active.
       ``(3) Maximum funding.--Grants described in paragraph (1) 
     may not exceed--
       ``(A) 80 percent of the projected net operating costs for 
     the first year of service;
       ``(B) 60 percent of the projected net operating costs for 
     the second year of service; and
       ``(C) 40 percent of the projected net operating costs for 
     the third year of service.
       ``(f) Use With Capital Grants and Other Federal Funding.--A 
     recipient of an operating assistance grant under subsection 
     (b) may use that grant in combination with other grants 
     awarded under this chapter or any other Federal funding that 
     would benefit the applicable service.
       ``(g) Availability.--Amounts appropriated for carrying out 
     this section shall remain available until expended.
       ``(h) Coordination With Amtrak.--If the Secretary awards a 
     grant under this section to a rail passenger carrier other 
     than Amtrak, Amtrak may be required under section 24711(c)(1) 
     of this title to provide access to its reservation system, 
     stations, and facilities that are directly related to 
     operations to such carrier, to the extent necessary to carry 
     out the purposes of this section. The Secretary may award an 
     appropriate portion of the grant to Amtrak as compensation 
     for this access.
       ``(i) Conditions.--
       ``(1) Grant agreement.--The Secretary shall require grant 
     recipients under this section to enter into a grant agreement 
     that requires them to provide similar information regarding 
     the route performance, financial, and ridership projections, 
     and capital and business plans that Amtrak is required to 
     provide, and such other data and information as the Secretary 
     deems necessary.
       ``(2) Installments; termination.--The Secretary may--
       ``(A) award grants under this section in installments, as 
     the Secretary considers appropriate; and
       ``(B) terminate any grant agreement upon--
       ``(i) the cessation of service; or
       ``(ii) the violation of any other term of the grant 
     agreement.
       ``(3) Grant conditions.--Except as specifically provided in 
     this section, the use of any amounts appropriated for grants 
     under this section shall be subject to the requirements under 
     this chapter.
       ``(j) Report.--Not later than 4 years after the date of 
     enactment of the Railroad Reform, Enhancement, and Efficiency 
     Act, the Secretary, after consultation with grant recipients 
     under this section, shall submit a report to Congress that 
     describes--
       ``(1) the implementation of this section;
       ``(2) the status of the investments and operations funded 
     by such grants;
       ``(3) the performance of the routes funded by such grants;
       ``(4) the plans of grant recipients for continued operation 
     and funding of such routes; and
       ``(5) any legislative recommendations.''.
       (b) Conforming Amendments.--Chapter 244 is amended--
       (1) in the table of contents, by inserting after the item 
     relating to section 24405 the following:

``24406. Competitive operating grants.'';
       (2) in the chapter title, by striking ``INTERCITY PASSENGER 
     RAIL SERVICE CORRIDOR CAPITAL'' and inserting ``RAIL CAPITAL 
     AND OPERATING'';
       (3) in section 24401, by striking paragraph (1);
       (4) in section 24402, by striking subsection (j) and 
     inserting the following:
       ``(j) Applicant Defined.--In this section, the term 
     `applicant' means a State (including the District of 
     Columbia), a group of States, an Interstate Compact, a public 
     agency or publicly chartered authority established by 1 or 
     more States and having responsibility for providing intercity 
     rail passenger transportation, or a political subdivision of 
     a State.''; and
       (5) in section 24405--
       (A) in subsection (b)--
       (i) by inserting ``, or for which an operating grant is 
     issued under section 24406,'' after ``chapter''; and
       (ii) in paragraph (2), by striking ``(43'' and inserting 
     ``(45'';
       (B) in subsection (d)(1), in the matter preceding 
     subparagraph (A), by inserting ``or unless Amtrak ceased 
     providing intercity passenger railroad transportation over 
     the affected route more than 3 years before the commencement 
     of new service'' after ``unless such service was provided 
     solely by Amtrak to another entity'';
       (C) in subsection (f), by striking ``under this chapter for 
     commuter rail passenger transportation, as defined in section 
     24012(4) of this title.'' and inserting ``under this chapter 
     for commuter rail passenger transportation (as defined in 
     section 24102(3)).''; and
       (D) by adding at the end the following:
       ``(g) Special Transportation Circumstances.--In carrying 
     out this chapter, the Secretary shall allocate an appropriate 
     portion of the amounts available under this chapter to 
     provide grants to States--
       ``(1) in which there is no intercity passenger rail 
     service, for the purpose of funding freight rail capital 
     projects that are on a State rail plan developed under 
     chapter 227 that provide public benefits (as defined in 
     chapter 227), as determined by the Secretary; or
       ``(2) in which the rail transportation system is not 
     physically connected to rail systems in the continental 
     United States or may not otherwise qualify for a grant under 
     this section due to the unique characteristics of the 
     geography of that State or other relevant considerations, for 
     the purpose of funding transportation-related capital 
     projects.''.

     SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 
                   REPAIR.

       (a) Amendment.--Chapter 244 is amended by inserting after 
     section 24406, as added by section 5301 of this Act, the 
     following:

     ``Sec. 24407. Federal-State partnership for state of good 
       repair

       ``(a) Definitions.--In this section:
       ``(1) Applicant.--The term `applicant' means--
       ``(A) a State (including the District of Columbia);
       ``(B) a group of States;
       ``(C) an Interstate Compact;
       ``(D) a public agency or publicly chartered authority 
     established by 1 or more States that has responsibility for 
     providing intercity rail passenger transportation or commuter 
     rail passenger transportation;
       ``(E) a political subdivision of a State;
       ``(F) Amtrak, acting on its own behalf or under a 
     cooperative agreement with 1 or more States; or
       ``(G) any combination of the entities described in 
     subparagraphs (A) through (F).
       ``(2) Capital project.--The term `capital project' means--
       ``(A) a project primarily intended to replace, 
     rehabilitate, or repair major infrastructure assets utilized 
     for providing intercity passenger rail service, including 
     tunnels, bridges, stations, and other assets, as determined 
     by the Secretary; or
       ``(B) a project primarily intended to improve intercity 
     passenger rail performance, including reduced trip times, 
     increased train frequencies, higher operating speeds, and 
     other improvements, as determined by the Secretary.
       ``(3) Northeast corridor.--The term `Northeast Corridor' 
     means--
       ``(A) the main rail line between Boston, Massachusetts and 
     the Virginia Avenue interlocking in the District of Columbia; 
     and
       ``(B) the branch rail lines connecting to Harrisburg, 
     Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, 
     New York.
       ``(4) Qualified railroad asset.--The term `qualified 
     railroad asset' means infrastructure, equipment, or a 
     facility that--
       ``(A) is owned or controlled by an eligible applicant; and
       ``(B) was not in a state of good repair on the date of 
     enactment of the Railroad Reform, Enhancement, and Efficiency 
     Act.
       ``(b) Grant Program Authorized.--The Secretary of 
     Transportation shall develop and implement a program for 
     issuing grants to applicants, on a competitive basis, to fund 
     capital projects that reduce the state of good repair backlog 
     on qualified railroad assets.
       ``(c) Eligible Projects.--Projects eligible for grants 
     under this section include capital projects to replace or 
     rehabilitate qualified railroad assets, including--
       ``(1) capital projects to replace existing assets in-kind;
       ``(2) capital projects to replace existing assets with 
     assets that increase capacity or provide a higher level of 
     service; and
       ``(3) capital projects to ensure that service can be 
     maintained while existing assets are brought to a state of 
     good repair.
       ``(d) Project Selection Criteria.--In selecting an 
     applicant for a grant under this section, the Secretary 
     shall--
       ``(1) give preference to eligible projects--
       ``(A) that are consistent with the goals, objectives, and 
     policies defined in any regional rail planning document that 
     is applicable to a project proposal; and
       ``(B) for which the proposed Federal share of total project 
     costs does not exceed 50 percent; and
       ``(2) take into account--
       ``(A) the cost-benefit analysis of the proposed project, 
     including anticipated private and public benefits relative to 
     the costs of the proposed project, including--
       ``(i) effects on system and service performance;
       ``(ii) effects on safety, competitiveness, reliability, 
     trip or transit time, and resilience;
       ``(iii) efficiencies from improved integration with other 
     modes; and
       ``(iv) ability to meet existing or anticipated demand;
       ``(B) the degree to which the proposed project's business 
     plan considers potential private sector participation in the 
     financing, construction, or operation of the proposed 
     project;
       ``(C) the applicant's past performance in developing and 
     delivering similar projects, and previous financial 
     contributions;
       ``(D) whether the applicant has, or will have--
       ``(i) the legal, financial, and technical capacity to carry 
     out the project;
       ``(ii) satisfactory continuing control over the use of the 
     equipment or facilities; and
       ``(iii) the capability and willingness to maintain the 
     equipment or facilities;
       ``(E) if applicable, the consistency of the project with 
     planning guidance and documents set forth by the Secretary or 
     required by law; and
       ``(F) any other relevant factors, as determined by the 
     Secretary.
       ``(e) Planning Requirements.--A project is not eligible for 
     a grant under this section unless the project is specifically 
     identified--
       ``(1) on a State rail plan prepared in accordance with 
     chapter 227; or
       ``(2) if the project is located on the Northeast Corridor, 
     on the Northeast Corridor Capital Investment Plan developed 
     pursuant to section 24904(a).

[[Page H7484]]

       ``(f) Northeast Corridor Projects.--
       ``(1) Compliance with usage agreements.--Grant funds may 
     not be provided under this section to an eligible recipient 
     for an eligible project located on the Northeast Corridor 
     unless Amtrak and the public authorities providing commuter 
     rail passenger transportation on the Northeast Corridor are 
     in compliance with section 24905(c)(2).
       ``(2) Capital investment plan.--When selecting projects 
     located on the Northeast Corridor, the Secretary shall 
     consider the appropriate sequence and phasing of projects as 
     contained in the Northeast Corridor Capital Investment Plan 
     developed pursuant to section 24904(a).
       ``(g) Federal Share of Total Project Costs.--
       ``(1) Total project cost.--The Secretary shall estimate the 
     total cost of a project under this section based on the best 
     available information, including engineering studies, studies 
     of economic feasibility, environmental analyses, and 
     information on the expected use of equipment or facilities.
       ``(2) Federal share.--The Federal share of total costs for 
     a project under this subsection shall not exceed 80 percent.
       ``(3) Treatment of amtrak revenue.--If Amtrak or another 
     rail passenger carrier is an applicant under this section, 
     Amtrak or the other rail passenger carrier, as applicable, 
     may use ticket and other revenues generated from its 
     operations and other sources to satisfy the non-Federal share 
     requirements.
       ``(h) Letters of Intent.--
       ``(1) In general.--The Secretary may issue a letter of 
     intent to a grantee under this section that--
       ``(A) announces an intention to obligate, for a major 
     capital project under this section, an amount from future 
     available budget authority specified in law that is not more 
     than the amount stipulated as the financial participation of 
     the Secretary in the project; and
       ``(B) states that the contingent commitment--
       ``(i) is not an obligation of the Federal Government; and
       ``(ii) is subject to the availability of appropriations 
     under Federal law and to Federal laws in force or enacted 
     after the date of the contingent commitment.
       ``(2) Congressional notification.--
       ``(A) In general.--Not later than 30 days before issuing a 
     letter under paragraph (1), the Secretary shall submit 
     written notification to--
       ``(i) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(ii) the Committee on Appropriations of the Senate;
       ``(iii) the Committee on Transportation and Infrastructure 
     of the House of Representatives; and
       ``(iv) the Committee on Appropriations of the House of 
     Representatives.
       ``(B) Contents.--The notification submitted pursuant to 
     subparagraph (A) shall include--
       ``(i) a copy of the proposed letter or agreement;
       ``(ii) the criteria used under subsection (d) for selecting 
     the project for a grant award; and
       ``(iii) a description of how the project meets such 
     criteria.
       ``(3) Appropriations required.--An obligation or 
     administrative commitment may be made under this section only 
     when amounts are appropriated for such purpose.
       ``(i) Availability.--Amounts appropriated for carrying out 
     this section shall remain available until expended.
       ``(j) Grant Conditions.--Except as specifically provided in 
     this section, the use of any amounts appropriated for grants 
     under this section shall be subject to the requirements under 
     this chapter.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 244 is amended by inserting after the item relating 
     to section 24406 the following:

``24407. Federal-State partnership for state of good repair.''.

     SEC. 35303. LARGE CAPITAL PROJECT REQUIREMENTS.

       Section 24402 is amended by adding at the end the 
     following:
       ``(m) Large Capital Project Requirements.--
       ``(1) In general.--For a grant awarded under this chapter 
     for an amount in excess of $1,000,000,000, the following 
     conditions shall apply:
       ``(A) The Secretary of Transportation may not obligate any 
     funding unless the applicant demonstrates, to the 
     satisfaction of the Secretary, that the applicant has 
     committed, and will be able to fulfill, the non-Federal share 
     required for the grant within the applicant's proposed 
     project completion timetable.
       ``(B) The Secretary may not obligate any funding for work 
     activities that occur after the completion of final design 
     unless--
       ``(i) the applicant submits a financial plan to the 
     Secretary that generally identifies the sources of the non-
     Federal funding required for any subsequent segments or 
     phases of the corridor service development program covering 
     the project for which the grant is awarded;
       ``(ii) the grant will result in a useable segment, a 
     transportation facility, or equipment, that has operational 
     independence or is financially sustainable; and
       ``(iii) the intercity passenger rail benefits anticipated 
     to result from the grant, such as increased speed, improved 
     on-time performance, reduced trip time, increased 
     frequencies, new service, safety improvements, improved 
     accessibility, or other significant enhancements, are 
     detailed by the grantee and approved by the Secretary.
       ``(C)(i) The Secretary shall ensure that the project is 
     maintained to the level of utility that is necessary to 
     support the benefits approved under subparagraph (B)(iii) for 
     a period of 20 years from the date on which the useable 
     segment, transportation facility, or equipment described in 
     subparagraph (B)(ii) is placed in service.
       ``(ii) If the project property is not maintained as 
     required under clause (i) for a 12-month period, the grant 
     recipient shall refund a pro-rata share of the Federal 
     contribution, based upon the percentage remaining of the 20-
     year period that commenced when the project property was 
     placed in service.
       ``(2) Early work.--The Secretary may allow a grantee 
     subject to this subsection to engage in at-risk work 
     activities subsequent to the conclusion of final design if 
     the Secretary determines that such work activities are 
     reasonable and necessary.''.

     SEC. 35304. SMALL BUSINESS PARTICIPATION STUDY.

       (a) Study.--The Secretary shall conduct a nationwide 
     disparity and availability study on the availability and use 
     of small business concerns owned and controlled by socially 
     and economically disadvantaged individuals and veteran-owned 
     small businesses in publicly funded intercity passenger rail 
     service projects.
       (b) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit a report 
     containing the results of the study conducted under 
     subsection (a) to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (c) Definitions.--In this section:
       (1) Small business concern.--The term ``small business 
     concern'' has the meaning given such term in section 3 of the 
     Small Business Act (15 U.S.C. 632), except that the term does 
     not include any concern or group of concerns controlled by 
     the same socially and economically disadvantaged individual 
     or individuals that have average annual gross receipts during 
     the preceding 3 fiscal years in excess of $22,410,000, as 
     adjusted annually by the Secretary for inflation.
       (2) Socially and economically disadvantaged individual.--
     The term ``socially and economically disadvantaged 
     individual'' has the meaning given such term in section 8(d) 
     of the Small Business Act (15 U.S.C. 637(d)) and relevant 
     subcontracting regulations issued pursuant to such Act, 
     except that women shall be presumed to be socially and 
     economically disadvantaged individuals for purposes of this 
     section.
       (3) Veteran-owned small business.--The term ``veteran-owned 
     small business'' has the meaning given the term ``small 
     business concern owned and controlled by veterans'' in 
     section 3(q)(3) of the Small Business Act (15 U.S.C. 
     632(q)(3)), except that the term does not include any concern 
     or group of concerns controlled by the same veterans that 
     have average annual gross receipts during the preceding 3 
     fiscal years in excess of $22,410,000, as adjusted annually 
     by the Secretary for inflation.

     SEC. 35305. GULF COAST RAIL SERVICE WORKING GROUP.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall convene a working 
     group to evaluate the restoration of intercity rail passenger 
     service in the Gulf Coast region between New Orleans, 
     Louisiana, and Orlando, Florida.
       (b) Membership.--The working group convened pursuant to 
     subsection (a) shall consist of representatives of--
       (1) the Federal Railroad Administration, which shall serve 
     as chair of the working group;
       (2) Amtrak;
       (3) the States along the proposed route or routes;
       (4) regional transportation planning organizations and 
     metropolitan planning organizations, municipalities, and 
     communities along the proposed route or routes, which shall 
     be selected by the Administrator;
       (5) the Southern Rail Commission;
       (6) freight railroad carriers whose tracks may be used for 
     such service; and
       (7) other entities determined appropriate by the Secretary, 
     which may include independent passenger rail operators that 
     express an interest in Gulf Coast service.
       (c) Responsibilities.--The working group shall--
       (1) evaluate all options for restoring intercity rail 
     passenger service in the Gulf Coast region, including options 
     outlined in the report transmitted to Congress pursuant to 
     section 226 of the Passenger Rail Investment and Improvement 
     Act of 2008 (division B of Public Law 110-432);
       (2) select a preferred option for restoring such service;
       (3) develop a prioritized inventory of capital projects and 
     other actions required to restore such service and cost 
     estimates for such projects or actions; and
       (4) identify Federal and non-Federal funding sources 
     required to restore such service, including options for 
     entering into public-private partnerships to restore such 
     service.
       (d) Report.--Not later than 9 months after the date of 
     enactment of this Act, the working group shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that includes--
       (1) the preferred option selected under subsection (c)(2) 
     and the reasons for selecting such option;
       (2) the information described in subsection (c)(3);
       (3) the funding sources identified under subsection (c)(4);
       (4) the costs and benefits of restoring intercity rail 
     passenger transportation in the region; and
       (5) any other information the working group determines 
     appropriate.

[[Page H7485]]

  


     SEC. 35306. INTEGRATED PASSENGER RAIL WORKING GROUP.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall convene a working 
     group to review issues relating to--
       (1) the potential operation of State-supported routes by 
     rail passenger carriers other than Amtrak; and
       (2) their role in establishing an integrated intercity 
     passenger rail network in the United States.
       (b) Membership.--The working group shall consist of a 
     balanced representation of--
       (1) the Federal Railroad Administration, who shall chair 
     the Working Group;
       (2) States that fund State-sponsored routes;
       (3) independent passenger rail operators, including those 
     that carry at least 5,000,000 passengers annually in United 
     States or international rail service;
       (4) Amtrak;
       (5) railroads that host intercity State-supported routes;
       (6) employee representatives from railroad unions and 
     building trade unions with substantial engagement in railroad 
     rights of way construction and maintenance; and
       (7) other entities determined appropriate by the Secretary.
       (c) Responsibilities.--The working group shall evaluate 
     options for improving State-supported routes and may make 
     recommendations, as appropriate, regarding--
       (1) best practices for State or State authority governance 
     of State-supported routes;
       (2) future sources of Federal and non-Federal funding 
     sources for State-supported routes;
       (3) best practices in obtaining passenger rail operations 
     and services on a competitive basis with the objective of 
     creating the highest quality service at the lowest cost to 
     the taxpayer;
       (4) ensuring potential interoperability of State-supported 
     routes as a part of a national network with multiple 
     providers providing integrated services including ticketing, 
     scheduling, and route planning; and
       (5) the interface between State-supported routes and 
     connecting commuter rail operations, including maximized 
     intra-modal and intermodal connections and common sources of 
     funding for capital projects.
       (d) Meetings.--Not later than 60 days after the 
     establishment of the working group by the Secretary under 
     subsection (a), the working group shall convene an 
     organizational meeting outside of the District of Columbia 
     and shall define the rules and procedures governing the 
     proceedings of the working group. The working group shall 
     hold at least 3 meetings per year in States that fund State-
     supported routes.
       (e) Reports.--
       (1) Preliminary report.--Not later than 1 year after the 
     date the working group is established, the working group 
     shall submit a preliminary report to the Secretary, the 
     Governors of States funding State-supported routes, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives that 
     includes--
       (A) administrative recommendations that can be implemented 
     by a State and State authority or by the Secretary; and
       (B) preliminary legislative recommendations.
       (2) Final legislative recommendations.--Not later than 2 
     years after the date the working group is established, the 
     working group shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives that includes final legislative 
     recommendations.

     SEC. 35307. SHARED-USE STUDY.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     Amtrak, commuter rail authorities, and other passenger rail 
     operators, railroad carriers that own rail infrastructure 
     over which both passenger and freight trains operate, States, 
     the Surface Transportation Board, the Northeast Corridor 
     Commission established under section 24905, the State-
     Supported Route Committee established under section 24712, 
     and groups representing rail passengers and customers, as 
     appropriate, shall complete a study that evaluates--
       (1) the shared use of right-of-way by passenger and freight 
     rail systems; and
       (2) the operational, institutional, and legal structures 
     that would best support improvements to the systems referred 
     to in paragraph (1).
       (b) Areas of Study.--In conducting the study under 
     subsection (a), the Secretary shall evaluate--
       (1) the access and use of railroad right-of-way by a rail 
     carrier that does not own the right-of-way, such as passenger 
     rail services that operate over privately-owned right-of-way, 
     including an analysis of--
       (A) access agreements;
       (B) costs of access; and
       (C) the resolution of disputes relating to such access or 
     costs;
       (2) the effectiveness of existing contractual, statutory, 
     and regulatory mechanisms for establishing, measuring, and 
     enforcing train performance standards, including--
       (A) the manner in which passenger train delays are 
     recorded;
       (B) the assignment of responsibility for such delays; and
       (C) the use of incentives and penalties for performance;
       (3) strengths and weaknesses in the existing mechanisms 
     described in paragraph (2) and possible approaches to address 
     the weaknesses;
       (4) mechanisms for measuring and maintaining public 
     benefits resulting from publicly funded freight or passenger 
     rail improvements, including improvements directed towards 
     shared-use right-of-way by passenger and freight rail;
       (5) approaches to operations, capacity, and cost estimation 
     modeling that--
       (A) allows for transparent decisionmaking; and
       (B) protects the proprietary interests of all parties;
       (6) liability requirements and arrangements, including--
       (A) whether to expand statutory liability limits to 
     additional parties;
       (B) whether to revise the current statutory liability 
     limits;
       (C) whether current insurance levels of passenger rail 
     operators are adequate and whether to establish minimum 
     insurance requirements for such passenger rail operators; and
       (D) whether to establish a liability regime modeled after 
     section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210);
       (7) the effect on rail passenger services, operations, 
     liability limits and insurance levels of the assertion of 
     sovereign immunity by a State; and
       (8) other issues identified by the Secretary.
       (c) Report.--Not later than 60 days after the study under 
     subsection (a) is complete, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that includes--
       (1) the results of the study; and
       (2) any recommendations for further action, including any 
     legislative proposals consistent with such recommendations.
       (d) Implementation.--The Secretary shall integrate the 
     recommendations submitted under subsection (c) into its 
     financial assistance programs under subtitle V of title 49, 
     United States Code, and section 502 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822), as appropriate.

     SEC. 35308. NORTHEAST CORRIDOR COMMISSION.

       (a) Composition.--Section 24905(a) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, infrastructure investments,'' after ``rail operations'';
       (B) by amending subparagraph (B) to read as follows:
       ``(B) members representing the Department of 
     Transportation, including the Office of the Secretary, the 
     Federal Railroad Administration, and the Federal Transit 
     Administration;''; and
       (C) in subparagraph (D) by inserting ``and commuter'' after 
     ``freight''; and
       (2) by amending paragraph (6) to read as follows:
       ``(6) The members of the Commission shall elect co-chairs 
     consisting of 1 member described in paragraph (1)(B) and 1 
     member described in paragraph (1)(C).''.
       (b) Statement of Goals and Recommendations.--Section 
     24905(b) is amended--
       (1) in paragraph (1), by inserting ``and periodically 
     update'' after ``develop'';
       (2) in paragraph (2)(A), by striking ``beyond those 
     specified in the state of good repair plan under section 211 
     of the Passenger Rail Investment and Improvement Act of 
     2008''; and
       (3) by adding at the end the following:
       ``(3) Submission of statement of goals, recommendations, 
     and performance reports.--The Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives--
       ``(A) any updates made to the statement of goals developed 
     under paragraph (1) not later than 60 days after such updates 
     are made; and
       ``(B) annual performance reports and recommendations for 
     improvements, as appropriate, issued not later than March 31 
     of each year, for the prior fiscal year, which summarize--
       ``(i) the operations and performance of commuter, 
     intercity, and freight rail transportation along the 
     Northeast Corridor; and
       ``(ii) the delivery of the capital plan described in 
     section 24904.''.
       (c) Cost Allocation Policy.--Section 24905(c) is amended--
       (1) in the subsection heading, by striking ``Access Costs'' 
     and inserting ``Allocation of Costs'';
       (2) in paragraph (1)--
       (A) in the paragraph heading, by striking ``formula'' and 
     inserting ``policy'';
       (B) in the matter preceding subparagraph (A), by striking 
     ``Within 2 years after the date of enactment of the Passenger 
     Rail Investment and Improvement Act of 2008, the Commission'' 
     and inserting ``The Commission'';
       (C) in subparagraph (A), by striking ``formula'' and 
     inserting ``policy''; and
       (D) by striking subparagraph (B) through (D) and inserting 
     the following:
       ``(B) develop a proposed timetable for implementing the 
     policy;
       ``(C) submit the policy and timetable developed under 
     subparagraph (B) to the Surface Transportation Board, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives;
       ``(D) not later than October 1, 2015, adopt and implement 
     the policy in accordance with the timetable; and
       ``(E) with the consent of a majority of its members, the 
     Commission may petition the Surface Transportation Board to 
     appoint a mediator to assist the Commission members through 
     nonbinding mediation to reach an agreement under this 
     section.'';
       (3) in paragraph (2)--
       (A) by striking ``formula proposed in'' and inserting 
     ``policy developed under''; and
       (B) in the second sentence--
       (i) by striking ``the timetable, the Commission shall 
     petition the Surface Transportation Board to'' and inserting 
     ``paragraph (1)(D) or fail to comply with the policy 
     thereafter, the Surface Transportation Board shall''; and

[[Page H7486]]

       (ii) by striking ``amounts for such services in accordance 
     with section 24904(c) of this title'' and inserting ``for 
     such usage in accordance with the procedures and procedural 
     schedule applicable to a proceeding under section 24903(c), 
     after taking into consideration the policy developed under 
     paragraph (1)(A), as applicable'';
       (4) in paragraph (3), by striking ``formula'' and inserting 
     ``policy''; and
       (5) by adding at the end the following:
       ``(4) Request for dispute resolution.--If a dispute arises 
     with the implementation of, or compliance with, the policy 
     developed under paragraph (1), the Commission, Amtrak, or 
     public authorities providing commuter rail passenger 
     transportation on the Northeast Corridor may request that the 
     Surface Transportation Board conduct dispute resolution. The 
     Surface Transportation Board shall establish procedures for 
     resolution of disputes brought before it under this 
     paragraph, which may include the provision of professional 
     mediation services.''.
       (d) Conforming Amendments.--Section 24905 is amended--
       (1) by striking subsection (d);
       (2) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively;
       (3) in subsection (d), as redesignated, by striking ``to 
     the Commission such sums as may be necessary for the period 
     encompassing fiscal years 2009 through 2013 to carry out this 
     section'' and inserting ``to the Secretary for the use of the 
     Commission and the Northeast Corridor Safety Committee such 
     sums as may be necessary to carry out this section during 
     fiscal year 2016 through 2019, in addition to amounts 
     withheld under section 35101(e) of the Railroad Reform, 
     Enhancement, and Efficiency Act''; and
       (4) in subsection (e)(2), as redesignated, by striking ``on 
     the main line.'' and inserting ``on the main line and meet 
     annually with the Commission on the topic of Northeast 
     Corridor safety and security.''.
       (e) Northeast Corridor Planning.--
       (1) Amendment.--Chapter 249 is amended--
       (A) by redesignating section 24904 as section 24903; and
       (B) by inserting after section 24903, as redesignated, the 
     following:

     ``Sec. 24904. Northeast Corridor planning

       ``(a) Northeast Corridor Capital Investment Plan.--
       ``(1) Requirement.--Not later than May 1 of each year, the 
     Northeast Corridor Commission established under section 24905 
     (referred to in this section as the `Commission') shall--
       ``(A) develop a capital investment plan for the Northeast 
     Corridor main line between Boston, Massachusetts, and the 
     Virginia Avenue interlocking in the District of Columbia, and 
     the Northeast Corridor branch lines connecting to Harrisburg, 
     Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, 
     New York, including the facilities and services used to 
     operate and maintain those lines; and
       ``(B) submit the capital investment plan to the Secretary 
     of Transportation and the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       ``(2) Contents.--The capital investment plan shall--
       ``(A) reflect coordination and network optimization across 
     the entire Northeast Corridor;
       ``(B) integrate the individual capital and service plans 
     developed by each operator using the methods described in the 
     cost allocation policy developed under section 24905(c);
       ``(C) cover a period of 5 fiscal years, beginning with the 
     first fiscal year after the date on which the plan is 
     completed;
       ``(D) notwithstanding section 24902(b), identify, 
     prioritize, and phase the implementation of projects and 
     programs to achieve the service outcomes identified in the 
     Northeast Corridor service development plan and the asset 
     condition needs identified in the Northeast Corridor asset 
     management plans, once available, and consider--
       ``(i) the benefits and costs of capital investments in the 
     plan;
       ``(ii) project and program readiness;
       ``(iii) the operational impacts; and
       ``(iv) funding availability;
       ``(E) categorize capital projects and programs as primarily 
     associated with;
       ``(i) normalized capital replacement and basic 
     infrastructure renewals;
       ``(ii) replacement or rehabilitation of major Northeast 
     Corridor infrastructure assets, including tunnels, bridges, 
     stations, and other assets;
       ``(iii) statutory, regulatory, or other legal mandates;
       ``(iv) improvements to support service enhancements or 
     growth; or
       ``(v) strategic initiatives that will improve overall 
     operational performance or lower costs;
       ``(F) identify capital projects and programs that are 
     associated with more than 1 category described in 
     subparagraph (E);
       ``(G) describe the anticipated outcomes of each project or 
     program, including an assessment of--
       ``(i) the potential effect on passenger accessibility, 
     operations, safety, reliability, and resiliency;
       ``(ii) the ability of infrastructure owners and operators 
     to meet regulatory requirements if the project or program is 
     not funded; and
       ``(iii) the benefits and costs; and
       ``(H) include a financial plan.
       ``(3) Financial plan.--The financial plan under paragraph 
     (2)(H) shall--
       ``(A) identify funding sources and financing methods;
       ``(B) identify the expected allocated shares of costs 
     pursuant to the cost allocation policy developed under 
     section 24905(c);
       ``(C) identify the projects and programs that the 
     Commission expects will receive Federal financial assistance; 
     and
       ``(D) identify the eligible entity or entities that the 
     Commission expects will receive the Federal financial 
     assistance described under subparagraph (C).
       ``(b) Failure To Develop a Capital Investment Plan.--If a 
     capital investment plan has not been developed by the 
     Commission for a given fiscal year, then the funds assigned 
     to the account established under section 24319(b) for that 
     fiscal year may be spent only on--
       ``(1) capital projects described in clause (i) or (iii) of 
     subsection (a)(2)(E) of this section; or
       ``(2) capital projects described in subsection 
     (a)(2)(E)(iv) of this section that are for the sole benefit 
     of Amtrak.
       ``(c) Northeast Corridor Asset Management.--
       ``(1) Contents.--With regard to its infrastructure, Amtrak 
     and each State and public transportation entity that owns 
     infrastructure that supports or provides for intercity rail 
     passenger transportation on the Northeast Corridor shall 
     develop an asset management system and develop and update, as 
     necessary, a Northeast Corridor asset management plan for 
     each service territory described in subsection (a) that--
       ``(A) are consistent with the Federal Transit 
     Administration process, as authorized under section 5326, 
     when implemented; and
       ``(B) include, at a minimum--
       ``(i) an inventory of all capital assets owned by the 
     developer of the asset management plan;
       ``(ii) an assessment of asset condition;
       ``(iii) a description of the resources and processes 
     necessary to bring or maintain those assets in a state of 
     good repair, including decision-support tools and investment 
     prioritization methods; and
       ``(iv) a description of changes in asset condition since 
     the previous version of the plan.
       ``(2) Transmittal.--Each entity described in paragraph (1) 
     shall transmit to the Commission--
       ``(A) not later than 2 years after the date of enactment of 
     the Railroad Reform, Enhancement, and Efficiency Act, its 
     Northeast Corridor asset management plan developed under 
     paragraph (1); and
       ``(B) at least biennial thereafter, an update to its 
     Northeast Corridor asset management plan.
       ``(d) Northeast Corridor Service Development Plan 
     Updates.--Not less frequently than once every 10 years, the 
     Commission shall update the Northeast Corridor service 
     development plan.''.
       (2) Conforming amendments.--
       (A) Note and mortgage.--Section 24907(a) is amended by 
     striking ``section 24904 of this title'' and inserting 
     ``section 24903''.
       (B) Table of contents amendment.--The table of contents for 
     chapter 249 is amended--
       (i) by redesignating the item relating to section 24904 as 
     relating to section 24903; and
       (ii) by inserting after the item relating to section 24903, 
     as redesignated, the following:

``24904. Northeast Corridor planning.''.
       (3) Repeal.--Section 211 of the Passenger Rail Investment 
     and Improvement Act of 2008 (division B of Public Law 110-
     432; 49 U.S.C. 24902 note) is repealed.

     SEC. 35309. NORTHEAST CORRIDOR THROUGH-TICKETING AND 
                   PROCUREMENT EFFICIENCIES.

       (a) Through-Ticketing Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Northeast Corridor Commission 
     established under section 24905(a) of title 49, United States 
     Code (referred to in this section as the ``Commission''), in 
     consultation with Amtrak and the commuter rail passenger 
     transportation providers along the Northeast Corridor shall 
     complete a study on the feasibility of and options for 
     permitting through-ticketing between Amtrak service and 
     commuter rail services on the Northeast Corridor.
       (2) Contents.--In completing the study under paragraph (1), 
     the Northeast Corridor Commission shall--
       (A) examine the current state of intercity and commuter 
     rail ticketing technologies, policies, and other relevant 
     aspects on the Northeast Corridor;
       (B) consider and recommend technology, process, policy, or 
     other options that would permit through-ticketing to allow 
     intercity and commuter rail passengers to purchase, in a 
     single transaction, travel that utilizes Amtrak and 
     connecting commuter rail services;
       (C) consider options to expand through-ticketing to include 
     local transit services;
       (D) summarize costs, benefits, opportunities, and 
     impediments to developing such through-ticketing options; and
       (E) develop a proposed methodology, including cost and 
     schedule estimates, for carrying out a pilot program on 
     through-ticketing on the Northeast Corridor.
       (3) Report.--Not later than 60 days after the date the 
     study under paragraph (1) is complete, the Commission shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes--
       (A) the results of the study; and
       (B) any recommendations for further action.
       (b) Joint Procurement Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     Commission, Amtrak, and commuter rail transportation 
     authorities on the Northeast Corridor shall complete a study 
     of the potential benefits resulting from Amtrak and such 
     authorities undertaking select joint procurements for common 
     materials, assets, and equipment when expending Federal funds 
     for such purchases.
       (2) Contents.--In completing the study under paragraph (1), 
     the Secretary shall consider--

[[Page H7487]]

       (A) the types of materials, assets, and equipment that are 
     regularly purchased by Amtrak and such authorities that are 
     similar and could be jointly procured;
       (B) the potential benefits of such joint procurements, 
     including lower procurement costs, better pricing, greater 
     market relevancy, and other efficiencies;
       (C) the potential costs of such joint procurements;
       (D) any significant impediments to undertaking joint 
     procurements, including any necessary harmonization and 
     reconciliation of Federal and State procurement or safety 
     regulations or standards and other requirements; and
       (E) whether to create Federal incentives or requirements 
     relating to considering or carrying out joint procurements 
     when expending Federal funds.
       (3) Transmission.--Not later than 60 days after completing 
     the study required under this subsection, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes--
       (A) the results of the study; and
       (B) any recommendations for further action.
       (c) Northeast Corridor.--In this section, the term 
     ``Northeast Corridor'' means the Northeast Corridor main line 
     between Boston, Massachusetts, and the Virginia Avenue 
     interlocking in the District of Columbia, and the Northeast 
     Corridor branch lines connecting to Harrisburg, Pennsylvania, 
     Springfield, Massachusetts, and Spuyten Duyvil, New York, 
     including the facilities and services used to operate and 
     maintain those lines.

     SEC. 35310. DATA AND ANALYSIS.

       (a) Data.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Surface Transportation Board, Amtrak, freight railroads, 
     State and local governments, and regional business, tourism 
     and economic development agencies shall conduct a data needs 
     assessment--
       (1) to support the development of an efficient and 
     effective intercity passenger rail network;
       (2) to identify the data needed to conduct cost-effective 
     modeling and analysis for intercity passenger rail 
     development programs;
       (3) to determine limitations to the data used for inputs;
       (4) to develop a strategy to address such limitations;
       (5) to identify barriers to accessing existing data;
       (6) to develop recommendations regarding whether the 
     authorization of additional data collection for intercity 
     passenger rail travel is warranted; and
       (7) to determine which entities will be responsible for 
     generating or collecting needed data.
       (b) Benefit-Cost Analysis.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     enhance the usefulness of assessments of benefits and costs, 
     for intercity passenger rail and freight rail projects--
       (1) by providing ongoing guidance and training on 
     developing benefit and cost information for rail projects;
       (2) by providing more direct and consistent requirements 
     for assessing benefits and costs across transportation 
     funding programs, including the appropriate use of discount 
     rates;
       (3) by requiring applicants to clearly communicate the 
     methodology used to calculate the project benefits and costs, 
     including non-proprietary information on--
       (A) assumptions underlying calculations;
       (B) strengths and limitations of data used; and
       (C) the level of uncertainty in estimates of project 
     benefits and costs; and
       (4) by ensuring that applicants receive clear and 
     consistent guidance on values to apply for key assumptions 
     used to estimate potential project benefits and costs.
       (c) Confidential Data.--The Secretary shall protect 
     sensitive or confidential to the greatest extent permitted by 
     law. Nothing in this section shall require any entity to 
     provide information to the Secretary in the absence of a 
     voluntary agreement.

     SEC. 35311. PERFORMANCE-BASED PROPOSALS.

       (a) Solicitation of Proposals.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall issue a request 
     for proposals for projects for the financing, design, 
     construction, operation, and maintenance of an intercity 
     passenger rail system, including--
       (A) the Northeast Corridor;
       (B) the California Corridor;
       (C) the Empire Corridor;
       (D) the Pacific Northwest Corridor;
       (E) the South Central Corridor;
       (F) the Gulf Coast Corridor;
       (G) the Chicago Hub Network;
       (H) the Florida Corridor;
       (I) the Keystone Corridor;
       (J) the Northern New England Corridor; and
       (K) the Southeast Corridor.
       (2) Submission.--Proposals shall be submitted to the 
     Secretary not later than 180 days after the publication of 
     such request for proposals under paragraph (1).
       (3) Performance standard.--Proposals submitted under 
     paragraph (2) shall meet any standards established by the 
     Secretary. For corridors with existing intercity passenger 
     rail service, proposals shall also be designed to achieve a 
     reduction of existing minimum intercity rail service trip 
     times between the main corridor city pairs by a minimum of 25 
     percent. In the case of a proposal submitted with respect to 
     paragraph (1)(A), the proposal shall be designed to achieve a 
     2-hour or less express service between Washington, District 
     of Columbia, and New York City, New York.
       (4) Contents.--A proposal submitted under this subsection 
     shall include--
       (A) the names and qualifications of the persons submitting 
     the proposal and the entities proposed to finance, design, 
     construct, operate, and maintain the railroad, railroad 
     equipment, and related facilities, stations, and 
     infrastructure;
       (B) a detailed description of the proposed rail service, 
     including possible routes, required infrastructure 
     investments and improvements, equipment needs and type, train 
     frequencies, peak and average operating speeds, and trip 
     times;
       (C) a description of how the project would comply with all 
     applicable Federal rail safety and security laws, orders, and 
     regulations;
       (D) the locations of proposed stations, which maximize the 
     usage of existing infrastructure to the extent possible, and 
     the populations such stations are intended to serve;
       (E) the type of equipment to be used, including any 
     technologies, to achieve trip time goals;
       (F) a description of any proposed legislation needed to 
     facilitate all aspects of the project;
       (G) a financing plan identifying--
       (i) projected revenue, and sources thereof;
       (ii) the amount of any requested public contribution toward 
     the project, and proposed sources;
       (iii) projected annual ridership projections for the first 
     10 years of operations;
       (iv) annual operations and capital costs;
       (v) the projected levels of capital investments required 
     both initially and in subsequent years to maintain a state-
     of-good-repair necessary to provide the initially proposed 
     level of service or higher levels of service;
       (vi) projected levels of private investment and sources 
     thereof, including the identity of any person or entity that 
     has made or is expected to make a commitment to provide or 
     secure funding and the amount of such commitment; and
       (vii) projected funding for the full fair market 
     compensation for any asset, property right or interest, or 
     service acquired from, owned, or held by a private person or 
     Federal entity that would be acquired, impaired, or 
     diminished in value as a result of a project, except as 
     otherwise agreed to by the private person or entity;
       (H) a description of how the project would contribute to 
     the development of the intercity passenger rail system and an 
     intermodal plan describing how the system will facilitate 
     convenient travel connections with other transportation 
     services;
       (I) a description of how the project will ensure compliance 
     with Federal laws governing the rights and status of 
     employees associated with the route and service, including 
     those specified in section 24405 of title 49, United States 
     Code;
       (J) a description of how the design, construction, 
     implementation, and operation of the project will accommodate 
     and allow for future growth of existing and projected 
     intercity, commuter, and freight rail service;
       (K) a description of how the project would comply with 
     Federal and State environmental laws and regulations, of what 
     environmental impacts would result from the project, and of 
     how any adverse impacts would be mitigated; and
       (L) a description of the project's impacts on highway and 
     aviation congestion, energy consumption, land use, and 
     economic development in the service area.
       (b) Determination and Establishment of Commissions.--Not 
     later than 90 days after receipt of the proposals under 
     subsection (a), the Secretary shall--
       (1) make a determination as to whether any such proposals--
       (A) contain the information required under paragraphs (3) 
     and (4) of subsection (a);
       (B) are sufficiently credible to warrant further 
     consideration;
       (C) are likely to result in a positive impact on the 
     Nation's transportation system; and
       (D) are cost-effective and in the public interest;
       (2) establish a commission under subsection (c) for each 
     corridor with 1 or more proposals that the Secretary 
     determines satisfy the requirements of paragraph (1); and
       (3) forward to each commission established under paragraph 
     (2) the applicable proposals for review and consideration.
       (c) Commissions.--
       (1) Members.--Each commission established under subsection 
     (b)(2) shall include--
       (A) the governors of the affected States, or their 
     respective designees;
       (B) mayors of appropriate municipalities with stops along 
     the proposed corridor, or their respective designees;
       (C) a representative from each freight railroad carrier 
     using the relevant corridor, if applicable;
       (D) a representative from each transit authority using the 
     relevant corridor, if applicable;
       (E) representatives of nonprofit employee labor 
     organizations representing affected railroad employees; and
       (F) the President of Amtrak or his or her designee.
       (2) Appointment and selection.--The Secretary shall appoint 
     the members under paragraph (1). In selecting each 
     commission's members to fulfill the requirements under 
     subparagraphs (B) and (E) of paragraph (1), the Secretary 
     shall consult with the Chairperson and Ranking Member of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and of the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (3) Chairperson and vice-chairperson selection.--The 
     Chairperson and Vice-Chairperson shall be elected from among 
     members of each commission.
       (4) Quorum and vacancy.--
       (A) Quorum.--A majority of the members of each commission 
     shall constitute a quorum.
       (B) Vacancy.--Any vacancy in each commission shall not 
     affect its powers and shall be

[[Page H7488]]

     filled in the same manner in which the original appointment 
     was made.
       (5) Application of law.--Except where otherwise provided by 
     this section, the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to each commission created under this 
     section.
       (d) Commission Consideration.--
       (1) In general.--Each commission established under 
     subsection (b)(2) shall be responsible for reviewing the 
     proposal or proposals forwarded to it under that subsection 
     and not later than 90 days after the establishment of the 
     commission, shall transmit to the Secretary a report, 
     including--
       (A) a summary of each proposal received;
       (B) services to be provided under each proposal, including 
     projected ridership, revenues, and costs;
       (C) proposed public and private contributions for each 
     proposal;
       (D) the advantages offered by the proposal over existing 
     intercity passenger rail services;
       (E) public operating subsidies or assets needed for the 
     proposed project;
       (F) possible risks to the public associated with the 
     proposal, including risks associated with project financing, 
     implementation, completion, safety, and security;
       (G) a ranked list of the proposals recommended for further 
     consideration under subsection (e) in accordance with each 
     proposal's projected positive impact on the Nation's 
     transportation system;
       (H) an identification of any proposed Federal legislation 
     that would facilitate implementation of the projects and 
     Federal legislation that would be required to implement the 
     projects; and
       (I) any other recommendations by the commission concerning 
     the proposed projects.
       (2) Verbal presentation.--Proposers shall be given an 
     opportunity to make a verbal presentation to the commission 
     to explain their proposals.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary for the use of each 
     commission established under subsection (b)(2) such sums as 
     are necessary to carry out this section.
       (e) Selection by Secretary.--
       (1) In general.--Not later than 60 days after receiving the 
     recommended proposals of the commissions established under 
     subsection (b)(2), the Secretary shall--
       (A) review such proposals and select any proposal that 
     provides substantial benefits to the public and the national 
     transportation system, is cost-effective, offers significant 
     advantages over existing services, and meets other relevant 
     factors determined appropriate by the Secretary; and
       (B) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing any proposal with respect 
     to subsection (a)(1)(A) that is selected by the Secretary 
     under subparagraph (A) of this paragraph, all the information 
     regarding the proposal provided to the Secretary under 
     subsection (d), and any other information the Secretary 
     considers relevant.
       (2) Subsequent report.--Following the submission of the 
     report under paragraph (1)(B), the Secretary shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report containing any 
     proposal with respect to subparagraphs (B) through (K) of 
     subsection (a)(1) that are selected by the Secretary under 
     paragraph (1) of this subsection, all the information 
     regarding the proposal provided to the Secretary under 
     subsection (d), and any other information the Secretary 
     considers relevant.
       (3) Limitation on report submission.--The report required 
     under paragraph (2) shall not be submitted by the Secretary 
     until the report submitted under paragraph (1)(B) has been 
     considered through a hearing by the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives on the report submitted under paragraph 
     (1)(B).
       (f) No Actions Without Additional Authority.--No Federal 
     agency may take any action to implement, establish, 
     facilitate, or otherwise act upon any proposal submitted 
     under this section, other than those actions specifically 
     authorized by this section, without explicit statutory 
     authority enacted after the date of enactment of this Act.
       (g) Definitions.--In this section:
       (1) Intercity passenger rail.--The term ``intercity 
     passenger rail'' means intercity rail passenger 
     transportation as defined in section 24102 of title 49, 
     United States Code.
       (2) State.--The term ``State'' means any of the 50 States 
     or the District of Columbia.

     SEC. 35312. AMTRAK INSPECTOR GENERAL.

       (a) Authority.--
       (1) In general.--The Inspector General of Amtrak shall have 
     the authority available to other Inspectors General, as 
     necessary in carrying out the duties specified in the 
     Inspector General Act of 1978 (5 U.S.C. App.), to investigate 
     any alleged violation of sections 286, 287, 371, 641, 1001, 
     1002 and 1516 of title 18, United States Code.
       (2) Agency.--For purposes of sections 286, 287, 371, 641, 
     1001, 1002, and 1516 of title 18, United States Code, Amtrak 
     and the Amtrak Office of Inspector General, shall be 
     considered a corporation in which the United States has a 
     proprietary interest as set forth in section 6 of that title.
       (b) Assessment.--The Inspector General of Amtrak shall--
       (1) not later than 60 days after the date of enactment of 
     this Act, initiate an assessment to determine whether current 
     expenditures or procurements involving Amtrak's fulfillment 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.) utilize competitive, market-driven provisions 
     that are applicable throughout the entire term of such 
     related expenditures or procurements; and
       (2) not later than 6 months after the date of enactment of 
     this Act, transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives the assessment under paragraph (1).
       (c) Limitation.--The authority provided by subsections (a) 
     and (b) shall be effective only with respect to a fiscal year 
     for which Amtrak receives a Federal subsidy.

     SEC. 35313. MISCELLANEOUS PROVISIONS.

       (a) Title 49 Amendments.--
       (1) Contingent interest recoveries.--Section 22106(b) is 
     amended by striking ``interest thereof'' and inserting 
     ``interest thereon''.
       (2) Authority.--Section 22702(b)(4) is amended by striking 
     ``5 years for reapproval by the Secretary'' and inserting ``4 
     years for acceptance by the Secretary''.
       (3) Contents of state rail plans.--Section 22705(a) is 
     amended by striking paragraph (12).
       (4) Mission.--Section 24101(b) is amended by striking ``of 
     subsection (d)'' and inserting ``set forth in subsection 
     (c)''.
       (5) Table of contents amendment.--The table of contents for 
     chapter 243 is amended by striking the item relating to 
     section 24316 and inserting the following:

``24316. Plans to address the needs of families of passengers involved 
              in rail passenger accidents.''.
       (6) Update.--Section 24305(f)(3) is amended by striking 
     ``$1,000,000'' and inserting ``$5,000,000''.
       (7) Amtrak.--Chapter 247 is amended--
       (A) in section 24702(a), by striking ``not included in the 
     national rail passenger transportation system'';
       (B) in section 24706--
       (i) in subsection (a)--

       (I) in paragraph (1), by striking ``a discontinuance under 
     section 24704 or or''; and
       (II) in paragraph (2), by striking ``section 24704 or''; 
     and

       (ii) in subsection (b), by striking ``section 24704 or''; 
     and
       (C) in section 24709, by striking ``The Secretary of the 
     Treasury and the Attorney General,'' and inserting ``The 
     Secretary of Homeland Security,''.
       (b) Passenger Rail Investment and Improvement Act 
     Amendments.--Section 305(a) of the Passenger Rail Investment 
     and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended 
     by inserting ``nonprofit organizations representing employees 
     who perform overhaul and maintenance of passenger railroad 
     equipment,'' after ``equipment manufacturers,''.

                        Subtitle D--Rail Safety

                       PART I--SAFETY IMPROVEMENT

     SEC. 35401. HIGHWAY-RAIL GRADE CROSSING SAFETY.

       (a) Model State Highway-Rail Grade Crossing Action Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a model of 
     a State-specific highway-rail grade crossing action plan and 
     distribute the model plan to each State.
       (2) Contents.--The plan developed under paragraph (1) shall 
     include--
       (A) methodologies, tools, and data sources for identifying 
     and evaluating highway-rail grade crossing safety risks, 
     including the public safety risks posed by blocked highway-
     rail grade crossings due to idling trains;
       (B) best practices to reduce the risk of highway-rail grade 
     crossing accidents or incidents and to alleviate the blockage 
     of highway-rail grade crossings due to idling trains, 
     including strategies for--
       (i) education, including model stakeholder engagement plans 
     or tools;
       (ii) engineering, including the benefits and costs of 
     different designs and technologies used to mitigate highway-
     rail grade crossing safety risks; and
       (iii) enforcement, including the strengths and weaknesses 
     associated with different enforcement methods;
       (C) for each State, a customized list and data set of the 
     highway-rail grade crossing accidents or incidents in that 
     State over the past 3 years, including the location, number 
     of deaths, and number of injuries for each accident or 
     incident; and
       (D) contact information of a Department of Transportation 
     safety official available to assist the State in adapting the 
     model plan to satisfy the requirements under subsection (b).
       (b) State Highway-Rail Grade Crossing Action Plans.--
       (1) Requirements.--Not later than 18 months after the 
     Secretary develops and distributes the model plan under 
     subsection (a), the Secretary shall promulgate a rule that 
     requires--
       (A) each State, except the 10 States identified under 
     section 202 of the Rail Safety Improvement Act of 2008 (49 
     U.S.C. 22501 note), to develop and implement a State highway-
     rail grade crossing action plan; and
       (B) each State that was identified under section 202 of the 
     Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note), 
     to update its State action plan under that section and submit 
     to the Secretary the updated State action plan and a report 
     describing what the State did to implement its previous State 
     action plan under that section and how it will continue to 
     reduce highway-rail grade crossing safety risks.
       (2) Contents.--Each State plan required under this 
     subsection shall--
       (A) identify highway-rail grade crossings that have 
     experienced recent highway-rail grade crossing accidents or 
     incidents, or are at high-risk for accidents or incidents;

[[Page H7489]]

       (B) identify specific strategies for improving safety at 
     highway-rail grade crossings, including highway-rail grade 
     crossing closures or grade separations; and
       (C) designate a State official responsible for managing 
     implementation of the State plan under subparagraph (A) or 
     (B) of paragraph (1), as applicable.
       (3) Assistance.--The Secretary shall provide assistance to 
     each State in developing and carrying out, as appropriate, 
     the State plan under this subsection.
       (4) Public availability.--Each State shall submit its final 
     State plan under this subsection to the Secretary for 
     publication. The Secretary shall make each approved State 
     plan publicly available on an official Internet Web site.
       (5) Conditions.--The Secretary may condition the awarding 
     of a grant to a State under chapter 244 of title 49, United 
     States Code, on that State submitting an acceptable State 
     plan under this subsection.
       (6) Review of action plans.--Not later than 60 days after 
     the date of receipt of a State plan under this subsection, 
     the Secretary shall--
       (A) if the State plan is approved, notify the State and 
     publish the State plan under paragraph (4); and
       (B) if the State plan is incomplete or deficient, notify 
     the State of the specific areas in which the plan is 
     deficient and allow the State to complete the plan or correct 
     the deficiencies and resubmit the plan under paragraph (1).
       (7) Deadline.--Not later than 60 days after the date of a 
     notice under paragraph (6)(B), a State shall complete the 
     plan or correct the deficiencies and resubmit the plan.
       (8) Failure to complete or correct plan.--If a State fails 
     to meet the deadline under paragraph (7), the Secretary shall 
     post on the Web site under paragraph (4) a notice that the 
     State has an incomplete or deficient highway-rail grade 
     crossing action plan.
       (c) Railway-Highway Crossings Funds.--The Secretary may use 
     funds made available to carry out section 130 of title 23, 
     United States Code, to provide States with funds to develop a 
     State highway-rail grade crossing action plan under 
     subsection (b)(1)(A) of this section or to update a State 
     action plan under subsection (b)(1)(B) of this section.
       (d) Definitions.--In this section:
       (1) Highway-rail grade crossing.--The term ``highway-rail 
     grade crossing'' means a location within a State, other than 
     a location where 1 or more railroad tracks cross 1 or more 
     railroad tracks at grade, where--
       (A) a public highway, road, or street, or a private 
     roadway, including associated sidewalks and pathways, crosses 
     1 or more railroad tracks either at grade or grade-separated; 
     or
       (B) a pathway explicitly authorized by a public authority 
     or a railroad carrier that is dedicated for the use of non-
     vehicular traffic, including pedestrians, bicyclists, and 
     others, that is not associated with a public highway, road, 
     or street, or a private roadway, crosses 1 or more railroad 
     tracks either at grade or grade-separated.
       (2) State.--The term ``State'' means a State of the United 
     States or the District of Columbia.

     SEC. 35402. SPEED LIMIT ACTION PLANS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, each railroad carrier providing 
     intercity rail passenger transportation or commuter rail 
     passenger transportation, in consultation with any applicable 
     host railroad carrier, shall survey its entire system and 
     identify each main track location where there is a reduction 
     of more than 20 miles per hour from the approach speed to a 
     curve or bridge and the maximum authorized operating speed 
     for passenger trains at that curve or bridge.
       (b) Action Plans.--Not later than 120 days after the date 
     that the survey under subsection (a) is complete, a rail 
     passenger carrier shall submit to the Secretary an action 
     plan that--
       (1) identifies each main track location where there is a 
     reduction of more than 20 miles per hour from the approach 
     speed to a curve or bridge and the maximum authorized 
     operating speed for passenger trains at that curve or bridge;
       (2) describes appropriate actions, including modification 
     to automatic train control systems, if applicable, other 
     signal systems, increased crew size, improved signage, or 
     other practices, including increased crew communication, to 
     enable warning and enforcement of the maximum authorized 
     speed for passenger trains at each location identified under 
     paragraph (1);
       (3) contains milestones and target dates for implementing 
     each appropriate action described under paragraph (2); and
       (4) ensures compliance with the maximum authorized speed at 
     each location identified under paragraph (1).
       (c) Approval.--Not later than 90 days after the date an 
     action plan is submitted under subsection (a), the Secretary 
     shall approve, approve with conditions, or disapprove the 
     action plan.
       (d) Alternative Safety Measures.--The Secretary may exempt 
     from the requirements of this section each segment of track 
     for which operations are governed by a positive train control 
     system certified under section 20157 of title 49, United 
     States Code, or any other safety technology or practice that 
     would achieve an equivalent or greater level of safety in 
     reducing derailment risk.
       (e) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that describes--
       (1) the actions the railroad carriers have taken in 
     response to Safety Advisory 2013-08, entitled ``Operational 
     Tests and Inspections for Compliance With Maximum Authorized 
     Train Speeds and Other Speed Restrictions'';
       (2) the actions the railroad carriers have taken in 
     response to Safety Advisory 2015-03, entitled ``Operational 
     and Signal Modifications for Compliance with Maximum 
     Authorized Passenger Train Speeds and Other Speed 
     Restrictions''; and
       (3) the actions the Federal Railroad Administration has 
     taken to evaluate or incorporate the information and findings 
     arising from the safety advisories referred to in paragraphs 
     (1) and (2) into the development of regulatory action and 
     oversight activities.
       (f) Savings Clause.--Nothing in this section shall prohibit 
     the Secretary from applying the requirements of this section 
     to other segments of track at high risk of overspeed 
     derailment.

     SEC. 35403. SIGNAGE.

       (a) In General.--The Secretary shall promulgate such 
     regulations as the Secretary considers necessary to require 
     each railroad carrier providing intercity rail passenger 
     transportation or commuter rail passenger transportation, in 
     consultation with any applicable host railroad carrier, to 
     install signs to warn train crews before the train approaches 
     a location that the Secretary identifies as having high risk 
     of overspeed derailment.
       (b) Alternative Safety Measures.--The Secretary may exempt 
     from the requirements of this section each segment of track 
     for which operations are governed by a positive train control 
     system certified under section 20157 of title 49, United 
     States Code, or any other safety technology or practice that 
     would achieve an equivalent or greater level of safety in 
     reducing derailment risk.

     SEC. 35404. ALERTERS.

       (a) In General.--The Secretary shall promulgate a rule to 
     require a working alerter in the controlling locomotive of 
     each passenger train in intercity rail passenger 
     transportation (as defined in section 24102 of title 49, 
     United States Code) or commuter rail passenger transportation 
     (as defined in section 24102 of title 49, United States 
     Code).
       (b) Rulemaking.--
       (1) In general.--The Secretary may promulgate a rule to 
     specify the essential functionalities of a working alerter, 
     including the manner in which the alerter can be reset.
       (2) Alternate practice or technology.--The Secretary may 
     require or allow a technology or practice in lieu of a 
     working alerter if the Secretary determines that the 
     technology or practice would achieve an equivalent or greater 
     level of safety in enhancing or ensuring appropriate 
     locomotive control.

     SEC. 35405. SIGNAL PROTECTION.

       (a) In General.--The Secretary shall promulgate regulations 
     to require, not later than 18 months after the date of the 
     enactment of this Act, that on-track safety regulations, 
     whenever practicable and consistent with other safety 
     requirements and operational considerations, include 
     requiring implementation of redundant signal protection, such 
     as shunting or other practices and technologies that achieve 
     an equivalent or greater level of safety, for maintenance-of-
     way work crews who depend on a train dispatcher to provide 
     signal protection.
       (b) Alternative Safety Measures.--The Secretary may exempt 
     from the requirements of this section each segment of track 
     for which operations are governed by a positive train control 
     system certified under section 20157 of title 49, United 
     States Code, or any other safety technology or practice that 
     would achieve an equivalent or greater level of safety in 
     providing additional signal protection.

     SEC. 35406. TECHNOLOGY IMPLEMENTATION PLANS.

       Section 20156(e) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking ``and'' at the end; 
     and
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(C) each railroad carrier required to submit such a plan, 
     until the implementation of a positive train control system 
     by the railroad carrier, shall analyze and, as appropriate, 
     prioritize technologies and practices to mitigate the risk of 
     overspeed derailments.''.

     SEC. 35407. COMMUTER RAIL TRACK INSPECTIONS.

       (a) In General.--The Secretary shall evaluate track 
     inspection regulations to determine if a railroad carrier 
     providing commuter rail passenger transportation on high 
     density commuter railroad lines should be required to inspect 
     the lines in the same manner as currently required for other 
     commuter railroad lines.
       (b) Rulemaking.--Considering safety, including railroad 
     carrier employee and contractor safety, and system capacity, 
     the Secretary may promulgate a rule for high density commuter 
     railroad lines. If, after the evaluation under subsection 
     (a), the Secretary determines that it is necessary to 
     promulgate a rule, the Secretary shall specifically consider 
     the following regulatory requirements for high density 
     commuter railroad lines:
       (1) At least once every 2 weeks--
       (A) traverse each main line by vehicle; or
       (B) inspect each main line on foot.
       (2) At least once each month, traverse and inspect each 
     siding by vehicle or by foot.
       (c) Report.--If, after the evaluation under subsection (a), 
     the Secretary determines it is not necessary to revise the 
     regulations under this section, the Secretary, not later than 
     18 months after the date of enactment of this Act, shall 
     transmit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives explaining the reasons for not revising the 
     regulations.

[[Page H7490]]

       (d) Construction.--Nothing in this section may be construed 
     to limit the authority of the Secretary to promulgate 
     regulations or issue orders under any other law.

     SEC. 35408. EMERGENCY RESPONSE.

       (a) In General.--The Secretary, in consultation with 
     railroad carriers, shall conduct a study to determine whether 
     limitations or weaknesses exist in the emergency response 
     information carried by train crews transporting hazardous 
     materials.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall evaluate the differences between the 
     emergency response information carried by train crews 
     transporting hazardous materials and the emergency response 
     guidance provided in the Emergency Response Guidebook issued 
     by the Department of Transportation.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report of the findings of 
     the study under subsection (a) and any recommendations for 
     legislative action.

     SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.

       (a) In General.--The Secretary, in consultation with 
     railroad carriers, shall conduct a study--
       (1) to determine whether limitations or weaknesses exist 
     regarding the availability and usefulness for safety purposes 
     of data on private highway-rail grade crossings; and
       (2) to evaluate existing engineering practices on private 
     highway-rail grade crossings.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall make recommendations as necessary to 
     improve--
       (1) the utility of the data on private highway-rail grade 
     crossings; and
       (2) the implementation of private highway-rail crossing 
     safety measures, including signage and warning systems.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report of the findings of 
     the study and any recommendations for further action.

     SEC. 35410. REPAIR AND REPLACEMENT OF DAMAGED TRACK 
                   INSPECTION EQUIPMENT.

       (a) In General.--Subchapter I of chapter 201 is amended by 
     inserting after section 20120 the following:

     ``Sec. 20121. Repair and replacement of damaged track 
       inspection equipment

       ``The Secretary of Transportation may receive and expend 
     cash, or receive and utilize spare parts and similar items, 
     from non-United States Government sources to repair damages 
     to or replace United States Government owned automated track 
     inspection cars and equipment as a result of third-party 
     liability for such damages, and any amounts collected under 
     this section shall be credited directly to the Railroad 
     Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation, and maintenance of automated track 
     inspection cars and equipment in connection with the 
     automated track inspection program.''.
       (b) Conforming Amendment.--The table of contents for 
     subchapter I of chapter 201 is amended by adding after 
     section 21020 the following:

``20121. Repair and replacement of damaged track inspection 
              equipment.''.

     SEC. 35411. RAIL POLICE OFFICERS.

       (a) In General.--Section 28101 is amended--
       (1) by striking ``employed by'' each place it appears and 
     inserting ``directly employed by or contracted by'';
       (2) in subsection (b), by inserting ``or agent, as 
     applicable,'' after ``an employee''; and
       (3) by adding at the end the following:
       ``(c) Transfers.--
       ``(1) In general.--If a railroad police officer directly 
     employed by or contracted by a rail carrier and certified or 
     commissioned as a police officer under the laws of a State 
     transfers primary employment or residence from the certifying 
     or commissioning State to another State or jurisdiction, the 
     railroad police officer, not later than 1 year after the date 
     of transfer, shall apply to be certified or commissioned as a 
     police office under the laws of the State of new primary 
     employment or residence.
       ``(2) Interim period.--During the period beginning on the 
     date of transfer and ending 1 year after the date of 
     transfer, a railroad police officer directly employed by or 
     contracted by a rail carrier and certified or commissioned as 
     a police officer under the laws of a State may enforce the 
     laws of the new jurisdiction in which the railroad police 
     officer resides, to the same extent as provided in subsection 
     (a).
       ``(d) Training.--
       ``(1) In general.--A State shall recognize as meeting that 
     State's basic police officer certification or commissioning 
     requirements for qualification as a rail police officer under 
     this section any individual who successfully completes a 
     program at a State-recognized police training academy in 
     another State or at a Federal law enforcement training center 
     and who is certified or commissioned as a police officer by 
     that other State.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed as superseding or affecting any unique 
     State training requirements related to criminal law, criminal 
     procedure, motor vehicle code, or State-mandated comparative 
     or annual in-service training academy or Federal law 
     enforcement training center.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall revise the 
     regulations in part 207 of title 49, Code of Federal 
     Regulations (relating to railroad police officers), to permit 
     a railroad to designate an individual, who is commissioned in 
     the individual's State of legal residence or State of primary 
     employment and directly employed by or contracted by a 
     railroad to enforce State laws for the protection of railroad 
     property, personnel, passengers, and cargo, to serve in the 
     States in which the railroad owns property.
       (c) Conforming Amendments.--
       (1) Amtrak rail police.--Section 24305(e) is amended--
       (A) by striking ``may employ'' and inserting ``may directly 
     employ or contract with'';
       (B) by striking ``employed by'' and inserting ``directly 
     employed by or contracted by''; and
       (C) by striking ``employed without'' and inserting 
     ``directly employed or contracted without''.
       (2) Secure gun storage or safety device; exceptions.--
     Section 922(z)(2)(B) of title 18 is amended by striking 
     ``employed by'' and inserting ``directly employed by or 
     contracted by''.

     SEC. 35412. OPERATION DEEP DIVE; REPORT.

       (a) Progress Reports.--Not later than 60 days after the 
     date of the enactment of this Act, and quarterly thereafter 
     until the completion date, the Administrator of the Federal 
     Railroad Administration shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that describes the progress 
     of Metro-North Commuter Railroad in implementing the 
     directives and recommendations issued by the Federal Railroad 
     Administration in its March 2014 report to Congress titled 
     ``Operation Deep Dive Metro-North Commuter Railroad Safety 
     Assessment''.
       (b) Final Report.--Not later than 30 days after the 
     completion date, the Administrator of the Federal Railroad 
     Administration shall submit a final report on the directives 
     and recommendations to Congress.
       (c) Defined Term.--In this section, the term ``completion 
     date'' means the date on which Metro-North Commuter Railroad 
     has completed all of the directives and recommendations 
     referred to in subsection (a).

     SEC. 35413. POST-ACCIDENT ASSESSMENT.

       (a) In General.--The Secretary of Transportation, in 
     cooperation with the National Transportation Safety Board and 
     the National Railroad Passenger Corporation (referred to in 
     this section as ``Amtrak''), shall conduct a post-accident 
     assessment of the Amtrak Northeast Regional Train #188 crash 
     on May 12, 2015.
       (b) Elements.--The assessment conducted pursuant to 
     subsection (a) shall include--
       (1) a review of Amtrak's compliance with the plan for 
     addressing the needs of the families of passengers involved 
     in any rail passenger accident, which was submitted pursuant 
     to section 24316 of title 49, United States Code;
       (2) a review of Amtrak's compliance with the emergency 
     preparedness plan required under section 239.101(a) of title 
     49, Code of Federal Regulations;
       (3) a determination of any additional action items that 
     should be included in the plans referred to in paragraphs (1) 
     and (2) to meet the needs of the passengers involved in the 
     crash and their families, including--
       (A) notification of emergency contacts;
       (B) dedicated and trained staff to manage family 
     assistance;
       (C) the establishment of a family assistance center at the 
     accident locale or other appropriate location;
       (D) a system for identifying and recovering items belonging 
     to passengers that were lost in the crash; and
       (E) the establishment of a single customer service entity 
     within Amtrak to coordinate the response to the needs of the 
     passengers involved in the crash and their families;
       (4) recommendations for any additional training needed by 
     Amtrak staff to better implement the plans referred to in 
     paragraphs (1) and (2), including the establishment of a 
     regular schedule for training drills and exercises.
       (c) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this Act, Amtrak shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes--
       (1) its plan to achieve the recommendations referred to in 
     subsection (b)(4); and
       (2) steps that have been taken to address any deficiencies 
     identified through the assessment.

     SEC. 35414. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Assistance to Families of Passengers Involved in Rail 
     Passenger Accidents.--Section 1139 is amended--
       (1) in subsection (a)(1), by striking ``phone number'' and 
     inserting ``telephone number'';
       (2) in subsection (a)(2), by striking ``post trauma 
     communication with families'' and inserting ``post-trauma 
     communication with families''; and
       (3) in subsection (j), by striking ``railroad passenger 
     accident'' each place it appears and inserting ``rail 
     passenger accident''.
       (b) Solid Waste Rail Transfer Facility Land-Use 
     Exemption.--Section 10909 is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``Clean Railroad Act of 2008'' and inserting 
     ``Clean Railroads Act of 2008''; and
       (2) in subsection (e), by striking ``Upon the granting of 
     petition from the State'' and inserting ``Upon the granting 
     of a petition from the State''.

[[Page H7491]]

       (c) Rulemaking Process.--Section 20116 is amended--
       (1) by inserting ``(2)'' before ``the code, rule, standard, 
     requirement, or practice has been subject to notice and 
     comment under a rule or order issued under this part.'' and 
     indenting accordingly;
       (2) by inserting ``(1)'' before ``unless'' and indenting 
     accordingly;
       (3) in paragraph (1), as redesignated, by striking ``order, 
     or'' and inserting ``order; or''; and
       (4) in the matter preceding paragraph (1), as redesignated, 
     by striking ``unless'' and inserting ``unless--''.
       (d) Enforcement Report.--Section 20120(a) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``website'' and inserting ``Web site'';
       (2) in paragraph (1), by striking ``accident and incidence 
     reporting'' and inserting ``accident and incident 
     reporting'';
       (3) in paragraph (2)(G), by inserting ``and'' at the end; 
     and
       (4) in paragraph (5)(B), by striking ``Administrative 
     Hearing Officer or Administrative Law Judge'' and inserting 
     ``administrative hearing officer or administrative law 
     judge''.
       (e) Railroad Safety Risk Reduction Program.--Section 20156 
     is amended--
       (1) in subsection (c), by inserting a comma after ``In 
     developing its railroad safety risk reduction program''; and
       (2) in subsection (g)(1)--
       (A) by inserting a comma after ``good faith''; and
       (B) by striking ``non-profit'' and inserting ``nonprofit''.
       (f) Roadway User Sight Distance at Highway-Rail Grade 
     Crossings.--Section 20159 is amended by striking ``the 
     Secretary'' and inserting ``the Secretary of 
     Transportation''.
       (g) National Crossing Inventory.--Section 20160 is 
     amended--
       (1) in subsection (a)(1), by striking ``concerning each 
     previously unreported crossing through which it operates or 
     with respect to the trackage over which it operates'' and 
     inserting ``concerning each previously unreported crossing 
     through which it operates with respect to the trackage over 
     which it operates''; and
       (2) in subsection (b)(1)(A), by striking ``concerning each 
     crossing through which it operates or with respect to the 
     trackage over which it operates'' and inserting ``concerning 
     each crossing through which it operates with respect to the 
     trackage over which it operates''.
       (h) Minimum Training Standards and Plans.--Section 
     20162(a)(3) is amended by striking ``railroad compliance with 
     Federal standards'' and inserting ``railroad carrier 
     compliance with Federal standards''.
       (i) Development and Use of Rail Safety Technology.--Section 
     20164(a) is amended by striking ``after enactment of the 
     Railroad Safety Enhancement Act of 2008'' and inserting 
     ``after the date of enactment of the Rail Safety Improvement 
     Act of 2008''.
       (j) Rail Safety Improvement Act of 2008.--
       (1) Table of contents.--Section 1(b) of division A of the 
     Rail Safety Improvement Act of 2008 (Public Law 110-432; 122 
     Stat. 4848) is amended--
       (A) in the item relating to section 307, by striking 
     ``website'' and inserting ``Web site'';
       (B) in the item relating to title VI, by striking ``solid 
     waste facilities'' and inserting ``solid waste rail transfer 
     facilities''; and
       (C) in the item relating to section 602, by striking 
     ``solid waste transfer facilities'' and inserting ``solid 
     waste rail transfer facilities''.
       (2) Definitions.--Section 2(a)(1) of division A of the Rail 
     Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat. 
     4849) is amended in the matter preceding subparagraph (A), by 
     inserting a comma after ``at grade''.
       (3) Railroad safety strategy.--Section 102(a)(6) of title I 
     of division A of the Rail Safety Improvement Act of 2008 (49 
     U.S.C. 20101 note) is amended by striking ``Improving the 
     safety of railroad bridges, tunnels, and related 
     infrastructure to prevent accidents, incidents, injuries, and 
     fatalities caused by catastrophic failures and other bridge 
     and tunnel failures.'' and inserting ``Improving the safety 
     of railroad bridges, tunnels, and related infrastructure to 
     prevent accidents, incidents, injuries, and fatalities caused 
     by catastrophic and other failures of such infrastructure.''.
       (4) Operation lifesaver.--Section 206(a) of title II of 
     division A of the Rail Safety Improvement Act of 2008 (49 
     U.S.C. 22501 note) is amended by striking ``Public Service 
     Announcements'' and inserting ``public service 
     announcements''.
       (5) Update of federal railroad administration's web site.--
     Section 307 of title III of division A of the Rail Safety 
     Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
       (A) in the heading by striking ``FEDERAL RAILROAD 
     ADMINISTRATION'S WEBSITE'' and inserting ``Federal Railroad 
     Administration Web site'';
       (B) by striking ``website'' each place it appears and 
     inserting ``Web site''; and
       (C) by striking ``website's'' and inserting ``Web site's''.
       (6) Alcohol and controlled substance testing for 
     maintenance-of-way employees.--Section 412 of title IV of 
     division A of the Rail Safety Improvement Act of 2008 (49 
     U.S.C. 20140 note) is amended by striking ``Secretary of 
     Transportation'' and inserting ``Secretary''.
       (7) Tunnel information.--Section 414 of title IV of 
     division A of the Rail Safety Improvement Act of 2008 (49 
     U.S.C. 20103 note) is amended--
       (A) by striking ``parts 171.8, 173.115'' and inserting 
     ``sections 171.8, 173.115''; and
       (B) by striking ``part 1520.5'' and inserting ``section 
     1520.5''.
       (8) Safety inspections in mexico.--Section 416 of title IV 
     of division A of the Rail Safety Improvement Act of 2008 (49 
     U.S.C. 20107 note) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``Secretary of Transportation'' and inserting ``Secretary''; 
     and
       (B) in paragraph (4), by striking ``subsection'' and 
     inserting ``section''.
       (9) Heading of title vi.--The heading of title VI of 
     division A of the Rail Safety Improvement Act of 2008 (122 
     Stat. 4900) is amended by striking ``SOLID WASTE FACILITIES'' 
     and inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
       (10) Heading of section 602.--Section 602 of title VI of 
     division A of the Rail Safety Improvement Act of 2008 (122 
     Stat. 4900) is amended by striking ``SOLID WASTE TRANSFER 
     FACILITIES'' and inserting ``SOLID WASTE RAIL TRANSFER 
     FACILITIES''.

     SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-
                   RAIL GRADE CROSSINGS.

       The Comptroller General of the United States shall submit a 
     report to Congress containing the results of a study 
     evaluating the effectiveness of the Federal Railroad 
     Administration's final rule on the use of locomotive horns at 
     highway-rail grade crossings, which was published in the 
     Federal Register on August 17, 2006 (71 Fed. Reg. 47614).

     SEC. 35416. BRIDGE INSPECTION REPORTS.

       Section 417(d) of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20103 note) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Availability of bridge inspection reports.--The 
     Administrator of the Federal Railroad Administration shall--
       ``(A) maintain a copy of the most recent bridge inspection 
     reports prepared in accordance with section (b)(5); and
       ``(B) provide copies of the reports described in 
     subparagraph (A) to appropriate State and local government 
     transportation officials, upon request.''.

   PART II--CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

     SEC. 35421. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                   IMPROVEMENTS.

       (a) In General.--Chapter 244, as amended by section 35302 
     of this Act, is further amended by adding at the end the 
     following:

     ``Sec. 24408. Consolidated rail infrastructure and safety 
       improvements

       ``(a) General Authority.--The Secretary may make grants 
     under this section to an eligible recipient to assist in 
     financing the cost of improving passenger and freight rail 
     transportation systems in terms of safety, efficiency, or 
     reliability.
       ``(b) Eligible Recipients.--The following entities are 
     eligible to receive a grant under this section:
       ``(1) A State.
       ``(2) A group of States.
       ``(3) An Interstate Compact.
       ``(4) A public agency or publicly chartered authority 
     established by 1 or more States and having responsibility for 
     providing intercity rail passenger, commuter rail passenger, 
     or freight rail transportation service.
       ``(5) A political subdivision of a State.
       ``(6) Amtrak or another rail passenger carrier that 
     provides intercity rail passenger transportation (as defined 
     in section 24102) or commuter rail passenger transportation 
     (as defined in section 24102).
       ``(7) A Class II railroad or Class III railroad (as those 
     terms are defined in section 20102).
       ``(8) Any rail carrier or rail equipment manufacturer in 
     partnership with at least 1 of the entities described in 
     paragraphs (1) through (5).
       ``(9) Any entity established to procure, manage, or 
     maintain passenger rail equipment under section 305 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note).
       ``(10) An organization that is actively involved in the 
     development of operational and safety-related standards for 
     rail equipment and operations or the implementation of 
     safety-related programs.
       ``(11) The Transportation Research Board and any entity 
     with which it contracts in the development of rail-related 
     research, including cooperative research programs.
       ``(12) A University transportation center actively engaged 
     in rail-related research.
       ``(13) A non-profit labor organization representing a class 
     or craft of employees of railroad carriers or railroad 
     carrier contractors.
       ``(c) Eligible Projects.--The following projects are 
     eligible to receive grants under this section:
       ``(1) Deployment of railroad safety technology, including 
     positive train control and rail integrity inspection systems.
       ``(2) A capital project as defined in section 24401, except 
     that a project shall not be required to be in a State rail 
     plan developed under chapter 227.
       ``(3) A capital project identified by the Secretary as 
     being necessary to address congestion challenges affecting 
     rail service.
       ``(4) A highway-rail grade crossing improvement, including 
     grade separations, private highway-rail grade crossing 
     improvements, and safety engineering improvements to reduce 
     risk in quiet zones or potential quiet zones.
       ``(5) A rail line relocation project.
       ``(6) A capital project to improve short-line or regional 
     railroad infrastructure.
       ``(7) Development of public education, awareness, and 
     targeted law enforcement activities to reduce violations of 
     traffic laws at highway-rail grade crossings and to help 
     prevent and reduce injuries and fatalities along railroad 
     rights-of-way.
       ``(8) The preparation of regional rail and corridor service 
     development plans and corresponding environmental analyses.

[[Page H7492]]

       ``(9) Any project that the Secretary considers necessary to 
     enhance multimodal connections or facilitate service 
     integration between rail service and other modes, including 
     between intercity rail passenger transportation and intercity 
     bus service.
       ``(10) The development of rail-related capital, operations, 
     and safety standards.
       ``(11) The implementation and operation of a safety program 
     or institute designed to improve rail safety culture and rail 
     safety performance.
       ``(12) Any research that the Secretary considers necessary 
     to advance any particular aspect of rail-related capital, 
     operations, or safety improvements.
       ``(13) Workforce development activities, coordinated to the 
     extent practicable with the existing local training programs 
     supported by the Department of Transportation, Department of 
     Labor, and Department of Education.
       ``(d) Application Process.--The Secretary shall prescribe 
     the form and manner of filing an application under this 
     section.
       ``(e) Project Selection Criteria.--
       ``(1) In general.--In selecting a recipient of a grant for 
     an eligible project, the Secretary shall--
       ``(A) give preference to a proposed project for which the 
     proposed Federal share of total project costs does not exceed 
     50 percent; and
       ``(B) after factoring in preference to projects under 
     subparagraph (A), select projects that will maximize the net 
     benefits of the funds appropriated for use under this 
     section, considering the cost-benefit analysis of the 
     proposed project, including anticipated private and public 
     benefits relative to the costs of the proposed project and 
     factoring in the other considerations described in paragraph 
     (2).
       ``(2) Other considerations.--The Secretary shall also 
     consider the following:
       ``(A) The degree to which the proposed project's business 
     plan considers potential private sector participation in the 
     financing, construction, or operation of the project;
       ``(B) The recipient's past performance in developing and 
     delivering similar projects, and previous financial 
     contributions;
       ``(C) Whether the recipient has or will have the legal, 
     financial, and technical capacity to carry out the proposed 
     project, satisfactory continuing control over the use of the 
     equipment or facilities, and the capability and willingness 
     to maintain the equipment or facilities;
       ``(D) If applicable, the consistency of the proposed 
     project with planning guidance and documents set forth by the 
     Secretary or required by law or State rail plans developed 
     under chapter 227;
       ``(E) If applicable, any technical evaluation ratings that 
     proposed project received under previous competitive grant 
     programs administered by the Secretary; and
       ``(F) Such other factors as the Secretary considers 
     relevant to the successful delivery of the project.
       ``(3) Benefits.--The benefits described in paragraph (1)(B) 
     may include the effects on system and service performance, 
     including measures such as improved safety, competitiveness, 
     reliability, trip or transit time, resilience, efficiencies 
     from improved integration with other modes, and ability to 
     meet existing or anticipated demand.
       ``(f) Performance Measures.--The Secretary shall establish 
     performance measures for each grant recipient to assess 
     progress in achieving strategic goals and objectives. The 
     Secretary may require a grant recipient to periodically 
     report information related to such performance measures.
       ``(g) Rural Areas.--
       ``(1) In general.--Of the amounts appropriated under this 
     section, at least 25 percent shall be available for projects 
     in rural areas. The Secretary shall consider a project to be 
     in a rural area if all or the majority of the project 
     (determined by the geographic location or locations where the 
     majority of the project funds will be spent) is located in a 
     rural area.
       ``(2) Definition of rural area.--In this subsection, the 
     term `rural area' means any area not in an urbanized area, as 
     defined by the Census Bureau.
       ``(h) Federal Share of Total Project Costs.--
       ``(1) Total project costs.--The Secretary shall estimate 
     the total costs of a project under this subsection based on 
     the best available information, including engineering 
     studies, studies of economic feasibility, environmental 
     analyses, and information on the expected use of equipment or 
     facilities.
       ``(2) Federal share.--The Federal share of total project 
     costs under this subsection shall not exceed 80 percent.
       ``(3) Treatment of passenger rail revenue.--If Amtrak or 
     another rail passenger carrier is an applicant under this 
     section, Amtrak or the other rail passenger carrier, as 
     applicable, may use ticket and other revenues generated from 
     its operations and other sources to satisfy the non-Federal 
     share requirements.
       ``(i) Applicability.--Except as specifically provided in 
     this section, the use of any amounts appropriated for grants 
     under this section shall be subject to the requirements of 
     this chapter.
       ``(j) Availability.--Amounts appropriated for carrying out 
     this section shall remain available until expended.''.
       (b) Conforming Amendment.--The table of contents of chapter 
     244, as amended by section 35302 of this Act, is amended by 
     adding after the item relating to section 24407 the 
     following:

``24408. Consolidated rail infrastructure and safety improvements.''.

     PART III--HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY 
                              ENHANCEMENTS

     SEC. 35431. REAL-TIME EMERGENCY RESPONSE INFORMATION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Homeland Security, shall promulgate 
     regulations--
       (1) to require a Class I railroad transporting hazardous 
     materials--
       (A) to generate accurate, real-time, and electronic train 
     consist information, including--
       (i) the identity, quantity, and location of hazardous 
     materials on a train;
       (ii) the point of origin and destination of the train;
       (iii) any emergency response information or resources 
     required by the Secretary; and
       (iv) an emergency response point of contact designated by 
     the Class I railroad; and
       (B) to enter into a memorandum of understanding with each 
     applicable fusion center to provide that fusion center with 
     secure and confidential access to the electronic train 
     consist information described in subparagraph (A) for each 
     train transporting hazardous materials in that fusion 
     center's jurisdiction;
       (2) to require each applicable fusion center to provide the 
     electronic train consist information described in paragraph 
     (1)(A) to first responders, emergency response officials, and 
     law enforcement personnel that are involved in the response 
     to or investigation of an incident, accident, or public 
     health or safety emergency involving the rail transportation 
     of hazardous materials and that request such electronic train 
     consist information;
       (3) upon the request of each State, political subdivision 
     of a State, or public agency responsible for emergency 
     response or law enforcement, to require each applicable 
     fusion center to provide advance notice for each high-hazard 
     flammable train traveling through the jurisdiction of each 
     State, political subdivision of a State, or public agency, 
     which notice shall include the electronic train consist 
     information described in paragraph (1)(A) for the high-hazard 
     flammable train, and to the extent practicable, for 
     requesting States, political subdivisions, or public 
     agencies, to ensure that the fusion center shall provide at 
     least 12 hours of advance notice for a high-hazard flammable 
     train that will be traveling through the jurisdiction of the 
     State, political subdivision of a State, or public agency, 
     and include within the notice its best estimate of the time 
     the train will enter the jurisdiction;
       (4) to prohibit any railroad, employee, or agent from 
     withholding, or causing to be withheld the train consist 
     information from first responders, emergency response 
     officials, and law enforcement personnel described in 
     paragraph (2) in the event of an incident, accident, or 
     public health or safety emergency involving the rail 
     transportation of hazardous materials;
       (5) to establish security and confidentiality protections 
     to prevent the release of the electronic train consist 
     information to unauthorized persons; and
       (6) to allow each Class I railroad to enter into a 
     memorandum of understanding with any Class II or Class III 
     railroad that operates trains over the Class I railroad's 
     line to incorporate the Class II or Class III railroad's 
     train consist information within the existing framework 
     described in paragraph (1).
       (b) Definitions.--In this section:
       (1) Applicable fusion center.--The term ``applicable fusion 
     center'' means a fusion center with responsibility for a 
     geographic area in which a Class I railroad operates.
       (2) Class i railroad.--The term ``Class I railroad'' has 
     the meaning given the term in section 20102 of title 49, 
     United States Code.
       (3) Fusion center.--The term ``fusion center'' has the 
     meaning given the term in section 124h(j) of title 6, United 
     States Code.
       (4) Hazardous materials.--The term ``hazardous materials'' 
     means material designated as hazardous by the Secretary of 
     Transportation under chapter 51 of the United States Code.
       (5) High-hazard flammable train.--The term ``high-hazard 
     flammable train'' means a single train transporting 20 or 
     more tank cars loaded with a Class 3 flammable liquid in a 
     continuous block or a single train transporting 35 or more 
     tank cars loaded with a Class 3 flammable liquid throughout 
     the train consist.
       (6) Train consist.--The term ``train consist'' includes, 
     with regard to a specific train, the number of rail cars and 
     the commodity transported by each rail car.
       (c) Savings Clause.--
       (1) Nothing in this section may be construed to prohibit a 
     Class I railroad from voluntarily entering into a memorandum 
     of understanding, as described in subsection (a)(1)(B), with 
     a State emergency response commission or an entity 
     representing or including first responders, emergency 
     response officials, and law enforcement personnel.
       (2) Nothing in this section may be construed to amend any 
     requirement for a railroad to provide a State Emergency 
     Response Commission, for each State in which it operates 
     trains transporting 1,000,000 gallons or more of Bakken crude 
     oil, notification regarding the expected movement of such 
     trains through the counties in the State.

     SEC. 35432. THERMAL BLANKETS.

       (a) Requirements.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall promulgate such 
     regulations as are necessary to require each tank car built 
     to meet the DOT-117 specification and each non-jacketed tank 
     car modified to meet the DOT-117R specification--
       (1) to be equipped with a thermal blanket; or
       (2) to have sufficient thermal resistance so that there 
     will be no release of any lading within the tank car, except 
     release through the pressure relief device, when subjected to 
     a pool fire for 200 minutes and a torch fire for 30 minutes.
       (b) Definition of Thermal Blanket.--In this section, the 
     term ``thermal blanket'' means an insulating blanket that is 
     applied between

[[Page H7493]]

     the outer surface of a tank car tank and the inner surface of 
     a tank car jacket and that has thermal conductivity no 
     greater than 2.65 Btu per inch, per hour, per square foot, 
     and per degree Fahrenheit at a temperature of 2000 degrees 
     Fahrenheit, plus or minus 100 degrees Fahrenheit.
       (c) Savings Clause.--
       (1) Pressure relief devices.--Nothing in this section may 
     be construed to affect or prohibit any requirement to equip 
     with appropriately sized pressure relief devices a tank car 
     built to meet the DOT-117 specification or a non-jacketed 
     tank car modified to meet the DOT-117R specification.
       (2) Harmonization.--Nothing in this section may be 
     construed to require or allow the Secretary to prescribe an 
     implementation deadline or authorization end date for the 
     requirement under subsection (a) that is earlier than the 
     applicable implementation deadline or authorization end date 
     for other tank car modifications necessary to meet the DOT-
     117R specification.

     SEC. 35433. COMPREHENSIVE OIL SPILL RESPONSE PLANS.

       (a) Requirements.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary shall issue a notice 
     of proposed rulemaking to require each railroad carrier 
     transporting a Class 3 flammable liquid to maintain a 
     comprehensive oil spill response plan.
       (b) Contents.--The regulations under subsection (a) shall 
     require each rail carrier described in that subsection--
       (1) to include in the comprehensive oil spill response plan 
     procedures and resources for responding, to the maximum 
     extent practicable, to a worst-case discharge;
       (2) to ensure the comprehensive oil spill response plan is 
     consistent with the National Contingency Plan and each 
     applicable Area Contingency Plan;
       (3) to include in the comprehensive oil spill response plan 
     appropriate notification and training procedures;
       (4) to review and update its comprehensive oil spill 
     response plan as appropriate; and
       (5) to provide the comprehensive oil spill response plan 
     for acceptance by the Secretary.
       (c) Savings Clause.--Nothing in the section may be 
     construed as prohibiting the Secretary from promulgating 
     different comprehensive oil response plan standards for Class 
     I, Class II, and Class III railroads.
       (d) Definitions.--In this section:
       (1) Area contingency plan.--The term ``Area Contingency 
     Plan'' has the meaning given the term in section 311(a) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1321(a)).
       (2) Class 3 flammable liquid.--The term ``Class 3 flammable 
     liquid'' has the meaning given the term in section 173.120(a) 
     of title 49, Code of Federal Regulations.
       (3) Class i railroad, class ii railroad, and class iii 
     railroad.--The terms ``Class I railroad'', ``Class II 
     railroad'' and ``Class III railroad'' have the meanings given 
     the terms in section 20102 of title 49, United States Code.
       (4) National contingency plan.--The term ``National 
     Contingency Plan'' has the meaning given the term in section 
     1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
       (5) Railroad carrier.--The term ``railroad carrier'' has 
     the meaning given the term in section 20102 of title 49, 
     United States Code.
       (6) Worst-case discharge.--The term ``worst-case 
     discharge'' means a railroad carrier's calculation of its 
     largest foreseeable discharge in the event of an accident or 
     incident.

     SEC. 35434. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall initiate a study 
     on the levels and structure of insurance for a railroad 
     carrier transporting hazardous materials.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall evaluate--
       (1) the level and structure of insurance, including self-
     insurance, available in the private market against the full 
     liability potential for damages arising from an accident or 
     incident involving a train transporting hazardous materials;
       (2) the level and structure of insurance that would be 
     necessary and appropriate--
       (A) to efficiently allocate risk and financial 
     responsibility for claims; and
       (B) to ensure that a railroad carrier transporting 
     hazardous materials can continue to operate despite the risk 
     of an accident or incident;
       (3) the potential applicability to trains transporting 
     hazardous materials of--
       (A) a liability regime modeled after section 170 of the 
     Atomic Energy Act of 1954, as amended (42 U.S.C. 2210); and
       (B) a liability regime modeled after subtitle 2 of title 
     XXI of the Public Health Service Act (42 U.S.C. 300aa-10 et 
     seq.).
       (c) Report.--Not later than 1 year after the date the study 
     under subsection (a) is initiated, the Secretary shall submit 
     a report containing the results of the study and 
     recommendations for addressing liability issues with rail 
     transportation of hazardous materials to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (d) Definitions.--In this section:
       (1) Hazardous material.--The term ``hazardous material'' 
     means a substance or material the Secretary designates under 
     section 5103(a) of title 49, United States Code.
       (2) Railroad carrier.--The term ``railroad carrier'' has 
     the meaning given the term in section 20102 of title 49, 
     United States Code.

     SEC. 35435. STUDY AND TESTING OF ELECTRONICALLY-CONTROLLED 
                   PNEUMATIC BRAKES.

       (a) Government Accountability Office Study.--
       (1) In general.--The Government Accountability Office shall 
     complete an independent evaluation of ECP brake systems pilot 
     program data and the Department of Transportation's research 
     and analysis on the effects of ECP brake systems.
       (2) Study elements.--In completing the independent 
     evaluation under paragraph (1), the Government Accountability 
     Office shall examine the following issues related to ECP 
     brake systems:
       (A) Data and modeling results on safety benefits relative 
     to conventional brakes and to other braking technologies or 
     systems, such as distributed power and 2-way end-of-train 
     devices.
       (B) Data and modeling results on business benefits, 
     including the effects of dynamic braking.
       (C) Data on costs, including up-front capital costs and on-
     going maintenance costs.
       (D) Analysis of potential operational challenges, including 
     the effects of potential locomotive and car segregation, 
     technical reliability issues, and network disruptions.
       (E) Analysis of potential implementation challenges, 
     including installation time, positive train control 
     integration complexities, component availability issues, and 
     tank car shop capabilities.
       (F) Analysis of international experiences with the use of 
     advanced braking technologies.
       (3) Deadline.--Not later than 18 months after the date of 
     enactment of this Act, the Government Accountability Office 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results of the independent 
     evaluation under paragraph (1).
       (b) Emergency Braking Application Testing.--
       (1) In general.--The Secretary of Transportation shall 
     enter into an agreement with the NCRRP Board--
       (A) to complete testing of ECP brake systems during 
     emergency braking application, including more than 1 scenario 
     involving the uncoupling of a train with 70 or more DOT-117-
     specification or DOT-117R-specification tank cars; and
       (B) to transmit, not later than 18 months after the date of 
     enactment of this Act, to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results of the testing.
       (2) Independent experts.--In completing the testing under 
     paragraph (1), the NCRRP Board may contract with 1 or more 
     engineering or rail experts, as appropriate, with relevant 
     experience in conducting railroad safety technology tests or 
     similar crash tests.
       (3) Testing framework.--In completing the testing under 
     paragraph (1), the NCRRP Board and each contractor described 
     in paragraph (2) shall ensure that the testing objectively, 
     accurately, and reliably measures the performance of ECP 
     brake systems relative to other braking technologies or 
     systems, such as distributed power and 2-way end-of-train 
     devices, including differences in--
       (A) the number of cars derailed;
       (B) the number of cars punctured;
       (C) the measures of in-train forces; and
       (D) the stopping distance.
       (4) Funding.--The Secretary shall require, as part of the 
     agreement under paragraph (1), that the NCRRP Board fund the 
     testing required under this section--
       (A) using such sums made available under section 24910 of 
     title 49, United States Code; and
       (B) to the extent funding under subparagraph (A) is 
     insufficient or unavailable to fund the testing required 
     under this section, using such sums as are necessary from the 
     amounts appropriated to the Office of the Secretary.
       (5) Equipment.--The NCRRP Board and each contractor 
     described in paragraph (2) may receive or use rolling stock, 
     track, and other equipment or infrastructure from a private 
     entity for the purposes of conducting the testing required 
     under this section.
       (c) Evidence-based Approach.--
       (1) Analysis.--The Secretary shall--
       (A) not later than 90 days after the report date, fully 
     incorporate and reflect the findings from both reports into a 
     draft updated regulatory impact analysis of the effects of 
     the applicable ECP brake system requirements;
       (B) as soon as practicable after completion of the draft 
     updated analysis under subparagraph (A), solicit public 
     comment on the analysis for a period of not more than 30 
     days; and
       (C) not later than 60 days after the end of the public 
     comment period, post the final updated regulatory impact 
     analysis on the Department of Transportation Web site.
       (2) Determination.--Not later than 180 days after the 
     report date, the Secretary shall--
       (A) determine, based on whether the final regulatory impact 
     analysis described in paragraph (1)(C) demonstrates that the 
     benefits, including safety benefits, of the applicable ECP 
     brake system requirements exceed their costs, whether the 
     applicable ECP brake system requirements are justified; and
       (B)(i) if the applicable ECP brake system requirements are 
     justified, publish in the Federal Register the determination 
     with the reasons for it; or
       (ii) if the Secretary does not publish the determination 
     under clause (i), repeal the applicable ECP brake system 
     requirements.
       (d) Definitions.--In this section:
       (1) Applicable ecp brake system requirements.--The term 
     ``applicable brake system requirements'' means sections 
     174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 
     179.102-10, 179.202-12(g), and 179.202-13(i) of title 49, 
     Code of Federal Regulations, and any other regulation in 
     effect on the date of enactment of this

[[Page H7494]]

     Act requiring the installation of ECP brakes or operation in 
     ECP brake mode.
       (2) Class 3 flammable liquid.--The term ``Class 3 flammable 
     liquid'' has the meaning given the term in section 173.120(a) 
     of title 49, Code of Federal Regulations.
       (3) ECP.--The term ``ECP'' means electronically-controlled 
     pneumatic when applied to a brake or brakes.
       (4) ECP brake mode.--The term ``ECP brake mode'' includes 
     any operation of a rail car or an entire train using an ECP 
     brake system.
       (5) ECP brake system.--
       (A) In general.--The term ``ECP brake system'' means a 
     train power braking system actuated by compressed air and 
     controlled by electronic signals from the locomotive or an 
     ECP-EOT to the cars in the consist for service and emergency 
     applications in which the brake pipe is used to provide a 
     constant supply of compressed air to the reservoirs on each 
     car but does not convey braking signals to the car.
       (B) Inclusions.--The term ``ECP brake system'' includes 
     dual mode and stand-alone ECP brake systems.
       (6) High-hazard flammable unit train.--The term ``high-
     hazard flammable unit train'' means a single train 
     transporting 70 or more loaded tank cars containing Class 3 
     flammable liquid.
       (7) NCRRP board.--The term ``NCRRP Board'' means the 
     independent governing board of the National Cooperative Rail 
     Research Program.
       (8) Railroad carrier.--The term ``railroad carrier'' has 
     the meaning given the term in section 20102 of title 49, 
     United States Code.
       (9) Report date.--The term ``report date'' means the date 
     that both the report under subsection (a)(3) and the report 
     under subsection (b)(1)(B) have been transmitted under those 
     subsections.

     SEC. 35436. RECORDING DEVICES.

       (a) In General.--Subchapter II of chapter 201 is amended by 
     adding after section 20167 the following:

     ``Sec. 20168. Installation of audio and image recording 
       devices

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Railroad Reform, Enhancement, and Efficiency 
     Act, the Secretary of Transportation shall promulgate 
     regulations to require each rail carrier that provides 
     regularly scheduled intercity rail passenger or commuter rail 
     passenger transportation to the public to install inward- and 
     outward-facing image recording devices in all controlling 
     locomotive cabs and cab car operating compartments in such 
     passenger trains.
       ``(b) Device Standards.--Each inward- and outward-facing 
     image recording device shall--
       ``(1) have a minimum 12-hour continuous recording 
     capability;
       ``(2) have crash and fire protections for any in-cab image 
     recordings that are stored only within a controlling 
     locomotive cab or cab car operating compartment; and
       ``(3) have recordings accessible for review during an 
     accident investigation.
       ``(c) Review.--The Secretary shall establish a process to 
     review and approve or disapprove an inward- or outward-facing 
     recording device for compliance with the standards described 
     in subsection (b).
       ``(d) Uses.--A rail carrier that has installed an inward- 
     or outward-facing image recording device approved under 
     subsection (c) may use recordings from that inward- or 
     outward-facing image recording device for the following 
     purposes:
       ``(1) Verifying that train crew actions are in accordance 
     with applicable safety laws and the rail carrier's operating 
     rules and procedures.
       ``(2) Assisting in an investigation into the causation of a 
     reportable accident or incident.
       ``(3) Carrying out efficiency testing and system-wide 
     performance monitoring programs.
       ``(4) Documenting a criminal act or monitoring unauthorized 
     occupancy of the controlling locomotive cab or car operating 
     compartment.
       ``(5) Other purposes that the Secretary considers 
     appropriate.
       ``(e) Voluntary Implementation.--
       ``(1) In general.--Each rail carrier operating freight rail 
     service may implement any inward- or outward-facing image 
     recording devices approved under subsection (c).
       ``(2) Authorized uses.--Notwithstanding any other provision 
     of law, each rail carrier may use recordings from an inward- 
     or outward-facing image recording device approved under 
     subsection (c) for any of the purposes described in 
     subsection (d).
       ``(f) Discretion.--
       ``(1) In general.--The Secretary may--
       ``(A) require in-cab audio recording devices for the 
     purposes described in subsection (d); and
       ``(B) define in appropriate technical detail the essential 
     features of the devices required under subparagraph (A).
       ``(2) Exemptions.--The Secretary may exempt any rail 
     passenger carrier or any part of a rail passenger carrier's 
     operations from the requirements under subsection (a) if the 
     Secretary determines that the rail passenger carrier has 
     implemented an alternative technology or practice that 
     provides an equivalent or greater safety benefit or is better 
     suited to the risks of the operation.
       ``(g) Tampering.--A rail carrier may take appropriate 
     enforcement or administrative action against any employee 
     that tampers with or disables an audio or inward- or outward-
     facing image recording device installed by the rail carrier.
       ``(h) Preservation of Data.--Each rail passenger carrier 
     subject to the requirements of subsection (a) shall preserve 
     recording device data for 1 year after the date of a 
     reportable accident or incident.
       ``(i) Information Protections.--The Secretary may not 
     disclose publicly any part of an in-cab audio or image 
     recording or transcript of oral communications by or among 
     train employees or other operating employees responsible for 
     the movement and direction of the train, or between such 
     operating employees and company communication centers, 
     related to an accident investigated by the Secretary. 
     However, the Secretary shall make public any part of a 
     transcript or any written depiction of visual information 
     that the Secretary decides is relevant to the accident at the 
     time a majority of the other factual reports on the accident 
     are released to the public.
       ``(j) Prohibited Use.--An in-cab audio or image recording 
     obtained by a rail carrier under this section may not be used 
     to retaliate against an employee.
       ``(k) Savings Clause.--Nothing in this section may be 
     construed as requiring a rail carrier to cease or restrict 
     operations upon a technical failure of an inward- or outward-
     facing image recording device. Such rail carrier shall repair 
     or replace the failed inward- or outward-facing image 
     recording device as soon as practicable.''.
       (b) Conforming Amendment.--The table of contents for 
     subchapter II of chapter 201 is amended by adding at the end 
     the following:

``20168. Installation of audio and image recording devices.''.

     SEC. 35437. RAIL PASSENGER TRANSPORTATION LIABILITY.

       (a) Limitations.--Section 28103(a) is amended--
       (1) in paragraph (2), by striking ``$200,000,000'' and 
     inserting ``$295,000,000, except as provided in paragraph 
     (3).''; and
       (2) by adding at the end the following:
       ``(3) The liability cap under paragraph (2) shall be 
     adjusted every 5 years by the Secretary of Transportation to 
     reflect changes in the Consumer Price Index-All Urban 
     Consumers.
       ``(4) The Federal Government shall have no financial 
     responsibility for any claims described in paragraph (2).''.
       (b) Definition of Rail Passenger Transportation.--Section 
     28103(e) is amended--
       (1) in the heading, by striking ``Definition.--'' and 
     inserting ``Definitions.--'';
       (2) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (3) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) the term `rail passenger transportation' includes 
     commuter rail passenger transportation (as defined in section 
     24102).''.
       (c) Prohibition.--No Federal funds may be appropriated for 
     the purpose of paying for the portion of an insurance premium 
     attributable to the increase in allowable awards under the 
     amendments made by subsection (a).
       (d) Effective Date.--The amendments made by subsection (a) 
     shall be effective for any passenger rail accident or 
     incident occurring on or after May 12, 2015.

     SEC. 35438. MODIFICATION REPORTING.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall implement a 
     reporting requirement to monitor industry-wide progress 
     toward modifying tank cars used in high-hazard flammable 
     train service by the applicable deadlines or authorization 
     end dates set in regulation.
       (b) Tank Car Data.--The Secretary shall collect data from 
     shippers and tank car owners on--
       (1) the total number of tank cars modified to meet the DOT-
     117R specification, or equivalent, specifying--
       (A) the type or specification of each tank car before it 
     was modified, including non-jacketed DOT-111, jacketed DOT-
     111, non-jacketed DOT-111 meeting the CPC-1232 standard, or 
     jacketed DOT-111 meeting the CPC-1232 standard; and
       (B) the identification number of each Class 3 flammable 
     liquid carried by each tank car in the past year;
       (2) the total number of tank cars built to meet the DOT-117 
     specification, or equivalent; and
       (3) the total number of tank cars used or likely to be used 
     in high-hazard flammable train service that have not been 
     modified, specifying--
       (A) the type or specification of each tank car not 
     modified, including the non-jacketed DOT-111, jacketed DOT-
     111, non-jacketed DOT-111 meeting the CPC-1232 standard, or 
     jacketed DOT-111 meeting the CPC-1232 standard; and
       (B) the identification number of each Class 3 flammable 
     liquid carried by each tank car in the past year.
       (c) Tank Car Shop Data.--The Secretary shall conduct a 
     survey of tank car facilities modifying tank cars to the DOT-
     117R specification, or equivalent, or building new tank cars 
     to the DOT-117 specification, or equivalent, to generate 
     statistically-valid estimates of the expected number of tank 
     cars those facilities expect to modify to DOT-117R 
     specification, or equivalent, or build to the DOT-117 
     specification, or equivalent.
       (d) Frequency.--The Secretary shall collect the data under 
     subsection (b) and conduct the survey under subsection (c) 
     annually until May 1, 2025.
       (e) Information Protections.--
       (1) In general.--The Secretary shall only report data in 
     industry-wide totals and shall treat company-specific 
     information as confidential business information.
       (2) Level of confidentiality.--The Secretary shall ensure 
     the data collected under subsection (b) and the survey data 
     under subsection (c) have the same level of confidentiality 
     as contained in the Confidential Information Protection and 
     Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as 
     administered by the Bureau of Transportation Statistics.

[[Page H7495]]

       (3) Designee.--The Secretary may designate the Director of 
     the Bureau of Transportation Statistics to collect data under 
     subsection (b) and the survey data under subsection (c) and 
     direct the Director to ensure the confidentially of company-
     specific information to the maximum extent permitted by law.
       (f) Report.--Each year, not later than 60 days after the 
     date that both the collection of the data under subsection 
     (b) and the survey under subsection (c) are complete, the 
     Secretary shall report on the aggregate results, without 
     company-specific information, to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (g) Definitions.--In this section:
       (1) Class 3 flammable liquid.--The term ``Class 3 flammable 
     liquid'' has the meaning given the term in section 173.120(a) 
     of title 49, Code of Federal Regulations.
       (2) High-hazard flammable train.--The term ``high-hazard 
     flammable train'' means a single train transporting 20 or 
     more tank cars loaded with a Class 3 flammable liquid in a 
     continuous block or a single train transporting 35 or more 
     tank cars loaded with a Class 3 flammable liquid throughout 
     the train consist.

     SEC. 35439. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH 
                   STUDY.

       Not later than 180 days after the research completion of 
     the comprehensive Crude Oil Characteristics Research 
     Sampling, Analysis, and Experiment (SAE) Plan study at Sandia 
     National Laboratories, the Secretary of Energy, in 
     cooperation with the Secretary of Transportation, shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Natural Resources of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Energy and Commerce of 
     the House of Representatives that contains--
       (1) the results of the comprehensive Crude Oil 
     Characteristics Research Sampling, Analysis, and Experiment 
     (SAE) Plan study; and
       (2) recommendations, based on the findings of the study, 
     for--
       (A) regulations that should be prescribed by the Secretary 
     of Transportation or the Secretary of Energy to improve the 
     safe transport of crude oil; and
       (B) statutes that should be enacted by Congress to improve 
     the safe transport of crude oil.

                    PART IV--POSITIVE TRAIN CONTROL

     SEC. 35441. COORDINATION OF SPECTRUM.

       (a) Assessment.--The Secretary, in coordination with the 
     Chairman of the Federal Communications Commission, shall 
     assess spectrum needs and availability for implementing 
     positive train control systems (as defined in section 
     20157(i)(3) of title 49, United States Code). The Secretary 
     and the Chairman may consult with external stakeholders in 
     carrying out this section.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that contains the results of 
     the assessment conducted under subsection (a).

     SEC. 35442. UPDATED PLANS.

       (a) Implementation.--Section 20157(a) is amended to read as 
     follows:
       ``(a) Implementation.--
       ``(1) Plan required.--Each Class I railroad carrier and 
     each entity providing regularly scheduled intercity or 
     commuter rail passenger transportation shall develop and 
     submit to the Secretary of Transportation a plan for 
     implementing a positive train control system by December 31, 
     2015, governing operations on--
       ``(A) its main line over which intercity rail passenger 
     transportation or commuter rail passenger transportation (as 
     defined in section 24102) is regularly provided;
       ``(B) its main line over which poison- or toxic-by-
     inhalation hazardous materials (as defined in sections 171.8, 
     173.115, and 173.132 of title 49, Code of Federal 
     Regulations) are transported; and
       ``(C) such other tracks as the Secretary may prescribe by 
     regulation or order.
       ``(2) Interoperability and prioritization.--The plan shall 
     describe how the railroad carrier or other entity subject to 
     paragraph (1) will provide for interoperability of the 
     positive train control systems with movements of trains of 
     other railroad carriers over its lines and shall, to the 
     extent practical, implement the positive train control 
     systems in a manner that addresses areas of greater risk 
     before areas of lesser risk.
       ``(3) Secretarial review of updated plans.--
       ``(A) Submission of updated plans.--Notwithstanding the 
     deadline set forth in paragraph (1), not later than 90 days 
     after the date of enactment of the Railroad Reform, 
     Enhancement, and Efficiency Act, each Class I railroad 
     carrier or other entity subject to paragraph (1) may submit 
     to the Secretary an updated plan that amends the plan 
     submitted under paragraph (1) with an updated implementation 
     schedule (as described in paragraph (4)(B)) and milestones or 
     metrics (as described in paragraph (4)(A)) that demonstrate 
     that the railroad carrier or other entity will implement a 
     positive train control system as soon as practicable, if 
     implementing in accordance with the updated plan will not 
     introduce operational challenges or risks to full, 
     successful, and safe implementation.
       ``(B) Review of updated plans.--Not later than 150 days 
     after receiving an updated plan under subparagraph (A), the 
     Secretary shall review the updated plan and approve or 
     disapprove it. In determining whether to approve or 
     disapprove the updated plan, the Secretary shall consider 
     whether the railroad carrier or other entity submitting the 
     plan--
       ``(i)(I) has encountered technical or programmatic 
     challenges identified by the Secretary in the 2012 report 
     transmitted to Congress pursuant to subsection (d); and
       ``(II) the challenges referred to in subclause (I) have 
     negatively affected the successful implementation of positive 
     train control systems;
       ``(ii) has demonstrated due diligence in its effort to 
     implement a positive train control system;
       ``(iii) has included in its plan milestones or metrics that 
     demonstrate the railroad carrier or other entity will 
     implement a positive train control system as soon as 
     practicable, if implementing in accordance with the 
     milestones or metrics will not introduce operational 
     challenges or risks to full, successful, and safe 
     implementation; and
       ``(iv) has set an implementation schedule in its plan that 
     shows the railroad will comply with paragraph (7), if 
     implementing in accordance with the implementation schedule 
     will not introduce operational challenges or risks to full, 
     successful, and safe implementation.
       ``(C) Modification of updated plans.--(i) If the Secretary 
     has not approved an updated plan under subparagraph (B) 
     within 60 days of receiving the updated plan under 
     subparagraph (A), the Secretary shall immediately--
       ``(I) provide a written response to the railroad carrier or 
     other entity that identifies the reason for not approving the 
     updated plan and explains any incomplete or deficient items;
       ``(II) allow the railroad carrier or other entity to 
     submit, within 30 days of receiving the written response 
     under subclause (I), a modified version of the updated plan 
     for the Secretary's review; and
       ``(III) approve or issue final disapproval for a modified 
     version of the updated plan submitted under subclause (II) 
     not later than 60 days after receipt.
       ``(ii) During the 60-day period described in clause 
     (i)(III), the railroad or other entity that has submitted a 
     modified version of the updated plan under clause (i)(II) may 
     make additional modifications, if requested by the Secretary, 
     for the purposes of correcting incomplete or deficient items 
     to receive approval.
       ``(D) Public availability.--Not later than 30 days after 
     approving an updated plan under this paragraph, the Secretary 
     shall make the updated plan available on the website of the 
     Federal Railroad Administration.
       ``(E) Pending reviews.--For an applicant that submits an 
     updated plan under subparagraph (A), the Secretary shall 
     extend the deadline for implementing a positive train control 
     system at least until the date the Secretary approves or 
     issues final disapproval for the updated plan with an updated 
     implementation schedule (as described in paragraph (4)(B)).
       ``(F) Disapproval.--A railroad carrier or other entity that 
     has its modified version of its updated plan disapproved by 
     the Secretary under subparagraph (C)(i)(III), and that has 
     not implemented a positive train control system by the 
     deadline in subsection (a)(1), is subject to enforcement 
     action authorized under subsection (e).
       ``(4) Contents of updated plan.--
       ``(A) Milestones or metrics.--Each updated plan submitted 
     under paragraph (3) shall describe the following milestones 
     or metrics:
       ``(i) The total number of components that will be installed 
     with positive train control by the end of each calendar year 
     until positive train control is fully implemented, with 
     totals separated by each component category.
       ``(ii) The number of employees that will receive the 
     training, as required under the applicable positive train 
     control system regulations, by the end of each calendar year 
     until positive train control is fully implemented.
       ``(iii) The calendar year or years in which spectrum will 
     be acquired and will be available for use in all areas that 
     it is needed for positive train control implementation, if 
     such spectrum is not already acquired and ready for use.
       ``(B) Implementation schedule.--Each updated plan submitted 
     under paragraph (3) shall include an implementation schedule 
     that identifies the dates by which the railroad carrier or 
     other entity will--
       ``(i) fully implement a positive train control system;
       ``(ii) complete all component installation, consistent with 
     the milestones or metrics described in subparagraph (A)(i);
       ``(iii) complete all employee training required under the 
     applicable positive train control system regulations, 
     consistent with the milestones or metrics described in 
     subparagraph (A)(ii);
       ``(iv) acquire all necessary spectrum, consistent with the 
     milestones or metrics in subparagraph (A)(iii); and
       ``(v) activate its positive train control system.
       ``(C) Additional information.--Each updated plan submitted 
     under paragraph (3) shall include--
       ``(i) the total number of positive train control components 
     required for implementation, with totals separated by each 
     major component category;
       ``(ii) the total number of employees requiring training 
     under the applicable positive train control system 
     regulations;
       ``(iii) a summary of the remaining challenges to positive 
     train control system implementation, including--

       ``(I) testing issues;
       ``(II) interoperability challenges;
       ``(III) permitting issues; and
       ``(IV) certification challenges.

       ``(D) Defined term.--In this paragraph, the term 
     `component' means a locomotive apparatus, a wayside interface 
     unit (including any associated legacy signal system 
     replacements), back office system hardware, a base station 
     radio, a wayside radio, or a locomotive radio.
       ``(5) Plan implementation.--The Class I railroad carrier or 
     other entity subject to paragraph

[[Page H7496]]

     (1) shall implement a positive train control system in 
     accordance with its plan, including any amendments made to 
     the plan by its updated plan approved by the Secretary under 
     paragraph (3), and subject to section 35443 of the Railroad 
     Reform, Enhancement, and Efficiency Act.
       ``(6) Progress report.--Each Class I railroad carrier or 
     other entity with an approved updated plan shall submit an 
     annual report to the Secretary that describes the progress 
     made on positive train control implementation, including--
       ``(A) the extent to which the railroad carrier or other 
     entity met or exceeded the metrics or milestones described in 
     paragraph (4)(A);
       ``(B) the extent to which the railroad carrier or other 
     entity complied with its implementation schedule under 
     paragraph (4)(B); and
       ``(C) any update to the information provided under 
     paragraph (4)(C).
       ``(7) Constraint.--Each updated plan shall reflect that the 
     railroad carrier or other entity subject to paragraph (1) 
     will, not later than December 31, 2018--
       ``(A) complete component installation and spectrum 
     acquisition; and
       ``(B) activate its positive train control system without 
     undue delay.''.
       (b) Enforcement.--Section 20157(e) is amended to read as 
     follows:
       ``(e) Enforcement.--The Secretary is authorized to assess 
     civil penalties pursuant to chapter 213 for the failure to 
     submit or comply with a plan for implementing positive train 
     control under subsection (a), including any amendments to the 
     plan made by an updated plan (including milestones or metrics 
     and an updated implementation schedule) approved by the 
     Secretary under paragraph (3) of such subsection, subject to 
     section 35443 of the Railroad Reform, Enhancement, and 
     Efficiency Act.''.
       (c) Definitions.--Section 20157(i) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (4), respectively; and
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Activate.--The term `activate' means to initiate the 
     use of a positive train control system in every subdivision 
     or district where the railroad carrier or other entity is 
     prepared to do so safely, reliably, and successfully, and 
     proceed with revenue service demonstration as necessary for 
     system testing and certification, prior to full 
     implementation.''.
       (d) Conforming Amendment.--Section 20157(g) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Conforming regulatory amendments.--Immediately after 
     the date of the enactment of the Railroad Reform, 
     Enhancement, and Efficiency Act, the Secretary--
       ``(A) shall remove or revise any references to specified 
     dates in the regulations or orders implementing this section 
     to the extent necessary to conform with the amendments made 
     by such Act; and
       ``(B) may not enforce any such date-specific deadlines or 
     requirements that are inconsistent with the amendments made 
     by such Act.''.
       (e) Savings Provisions.--
       (1) Resubmission of information.--Nothing in the amendments 
     made by this section may be construed to require a Class I 
     railroad carrier or other entity subject to section 20157(a) 
     of title 49, United States Code, to resubmit in its updated 
     plan information from its initial implementation plan that is 
     not changed or affected by the updated plan. The Secretary 
     shall consider an updated plan submitted pursuant to 
     paragraph (3) of that section to be an addendum that makes 
     amendments to the initial implementation plan.
       (2) Submission of new plan.--Nothing in the amendments made 
     by this section may be construed to require a Class I 
     railroad carrier or other entity subject to section 20157(a) 
     of title 49, United States Code, to submit a new 
     implementation plan pursuant to the deadline set forth in 
     that section.
       (3) Approval.--A railroad carrier or other entity subject 
     to section 20157(a) of title 49, United States Code, that has 
     its updated plan, including a modified version of the updated 
     plan, approved by the Secretary under subparagraph (B) or 
     subparagraph (C) of paragraph (3) of that section shall not 
     be required to implement a positive train control system by 
     the deadline under paragraph (1) of that section.

     SEC. 35443. EARLY ADOPTION AND INTEROPERABILITY.

       (a) Early Adoption.--During the 1-year period beginning on 
     the date on which the last railroad carrier's or other 
     entity's positive train control system, subject to section 
     20157(a) of title 49, United States Code, is certified by the 
     Secretary under subsection (h) of such section and 
     implemented on all of that railroad carrier's or other 
     entity's lines required to have operations governed by a 
     positive train control system, any railroad carrier or other 
     entity shall not be subject to the operational restrictions 
     set forth in subpart I of part 236 of title 49, Code of 
     Federal Regulations, that would otherwise apply in the event 
     of a positive train control system component failure.
       (b) Interoperability Procedure.--If multiple railroad 
     carriers operate on a single railroad line through a trackage 
     or haulage agreement, each railroad carrier operating on the 
     railroad line shall not be subject to the operating 
     restrictions set forth in subpart I of part 236 of title 49, 
     Code of Federal Regulations, with respect to the railroad 
     line, until the Secretary certifies that--
       (1) each Class I railroad carrier and each entity providing 
     regularly scheduled intercity or commuter rail passenger 
     transportation that operates on the railroad line is in 
     compliance with its positive train control requirements under 
     section 20157(a) of title 49, United States Code;
       (2) each Class II or Class III railroad that operates on 
     the railroad line is in compliance with the applicable 
     regulatory requirements to equip locomotives operating in 
     positive train control territory; and
       (3) the implementation of any and all positive train 
     control systems are interoperable and operational on the 
     railroad line in conformance with each approved 
     implementation plan so that each freight and passenger 
     railroad can operate on the line with that freight or 
     passenger railroad's positive train control equipment.
       (c) Small Railroads.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary shall amend 
     section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal 
     Regulations (relating to equipping locomotives for applicable 
     Class II and Class III railroads operating in positive train 
     control territory) to extend each deadline by 3 years.
       (d) Enforcement.--
       (1) In general.--Subject to paragraph (2), nothing in 
     subsection (a) may be construed to prohibit the Secretary 
     from enforcing the metrics and milestones under section 
     20157(a)(4)(A) of title 49, United States Code, as amended by 
     section 35442 of this Act.
       (2) Activation.--Beginning on the date in which a railroad 
     carrier or other entity subject to section 20157(a) of title 
     49, United States Code, as amended by section 35442 of this 
     Act, has activated its positive train control system, the 
     railroad carrier or other entity shall not be in violation of 
     its plan, including its updated plan, approved under this Act 
     if implementing such plan introduces operational challenges 
     or risks to full, successful, and safe implementation.

     SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS 
                   EFFECTIVENESS STUDY.

       (a) Study.--After the Secretary certifies that each Class I 
     railroad carrier and each entity providing regularly 
     scheduled intercity or commuter rail passenger transportation 
     is in compliance with the positive train control requirements 
     under section 20157(a) of title 49, United States Code, the 
     Secretary shall enter into an agreement with the National 
     Cooperative Rail Research Program Board--
       (1) to conduct a study of the possible effectiveness of 
     positive train control and related technologies on reducing 
     collisions at highway-rail grade crossings; and
       (2) to submit a report containing the results of the study 
     conducted under paragraph (1) to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
       (b) Funding.--The Secretary may require, as part of the 
     agreement under subsection (a), that the National Cooperative 
     Rail Research Program Board fund the study required under 
     this section using such sums as may be necessary out of the 
     amounts made available under section 24910 of title 49, 
     United States Code.

                      Subtitle E--Project Delivery

     SEC. 35501. SHORT TITLE.

       This subtitle may be cited as the ``Track, Railroad, and 
     Infrastructure Network Act''.

     SEC. 35502. PRESERVATION OF PUBLIC LANDS.

       (a) Highways.--Section 138 of title 23, United States Code, 
     is amended--
       (1) in subsection (b)(2)(A)(i), by inserting ``, taking 
     into consideration any avoidance, minimization, and 
     mitigation or enhancement measures incorporated into the 
     program or project'' after ``historic site''; and
       (2) by adding at the end the following:
       ``(c) Rail and Transit.--Improvements to, or the 
     maintenance, rehabilitation, or operation of, railroad or 
     rail transit lines or elements of such lines, with the 
     exception of stations, that are in use or were historically 
     used for the transportation of goods or passengers, shall not 
     be considered a use of an historic site under subsection (a), 
     regardless of whether the railroad or rail transit line or 
     element of such line is listed on, or eligible for listing 
     on, the National Register of Historic Places.''.
       (b) Transportation Projects.--Section 303 is amended--
       (1) in subsection (c), by striking ``subsection (d)'' and 
     inserting ``subsections (d) and (e)'';
       (2) in subsection (d)(2)(A)(i), by inserting ``, taking 
     into consideration any avoidance, minimization, and 
     mitigation or enhancement measures incorporated into the 
     program or project'' after ``historic site''; and
       (3) by adding at the end the following:
       ``(e) Rail and Transit.--Improvements to, or the 
     maintenance, rehabilitation, or operation of, railroad or 
     rail transit lines or elements of such lines, with the 
     exception of stations, that are in use or were historically 
     used for the transportation of goods or passengers, shall not 
     be considered a use of an historic site under subsection (c), 
     regardless of whether the railroad or rail transit line or 
     element of such line is listed on, or eligible for listing 
     on, the National Register of Historic Places.''.

     SEC. 35503. EFFICIENT ENVIRONMENTAL REVIEWS.

       (a) In General.--Section 304 is amended--
       (1) in the heading, by striking ``for multimodal projects'' 
     and inserting ``and increasing the efficiency of 
     environmental reviews''; and
       (2) by adding at the end the following:
       ``(e) Efficient Environmental Reviews.--
       ``(1) In general.--The Secretary of Transportation shall 
     apply the project development procedures, to the greatest 
     extent feasible, described in section 139 of title 23, United 
     States Code, to any rail project that requires the approval 
     of

[[Page H7497]]

     the Secretary of Transportation under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Regulations and procedures.--The Secretary of 
     Transportation shall incorporate such project development 
     procedures into the agency regulations and procedures 
     pertaining to rail projects.
       ``(f) Applicability of NEPA Decisions.--
       ``(1) In general.--A Department of Transportation operating 
     administration may apply a categorical exclusion designated 
     by another Department of Transportation operating 
     administration under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       ``(2) Findings.--A Department of Transportation operating 
     administration may adopt, in whole or in part, another 
     Department of Transportation operating administration's 
     Record of Decision, Finding of No Significant Impact, and any 
     associated evaluations, determinations, or findings 
     demonstrating compliance with any law related to 
     environmental review or historic preservation.''.

     SEC. 35504. ADVANCE ACQUISITION.

       (a) In General.--Chapter 241 is amended by inserting after 
     section 24105 the following--

     ``Sec. 24106. Advance acquisition

       ``(a) Rail Corridor Preservation.--The Secretary may assist 
     a recipient of funding in acquiring right-of-way and adjacent 
     real property interests before or during the completion of 
     the environmental reviews for any project receiving funding 
     under subtitle V of title 49, United States Code, that may 
     use such property interests if the acquisition is otherwise 
     permitted under Federal law, and the recipient requesting 
     Federal funding for the acquisition certifies, with the 
     concurrence of the Secretary, that--
       ``(1) the recipient has authority to acquire the right-of-
     way or adjacent real property interest; and
       ``(2) the acquisition of the right-of-way or adjacent real 
     property interest--
       ``(A) is for a transportation or transportation-related 
     purpose;
       ``(B) will not cause significant adverse environmental 
     impact;
       ``(C) will not limit the choice of reasonable alternatives 
     for the proposed project or otherwise influence the decision 
     of the Secretary on any approval required for the proposed 
     project;
       ``(D) does not prevent the lead agency for the review 
     process from making an impartial decision as to whether to 
     accept an alternative that is being considered;
       ``(E) complies with other applicable Federal law, including 
     regulations;
       ``(F) will be acquired through negotiation and without the 
     threat of condemnation; and
       ``(G) will not result in the elimination or reduction of 
     benefits or assistance to a displaced person under the 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
       ``(b) Environmental Reviews.--
       ``(1) Completion of nepa review.--Before authorizing any 
     Federal funding for the acquisition of a real property 
     interest that is the subject of a grant or other funding 
     under this subtitle, the Secretary shall complete, if 
     required, the review process under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 
     the acquisition.
       ``(2) Completion of section 106.--An acquisition of a real 
     property interest involving an historic site shall not occur 
     unless the section 106 process, if required, under the 
     National Historic Preservation Act (54 U.S.C. 306108) is 
     complete.
       ``(3) Timing of acquisitions.--A real property interest 
     acquired under subsection (a) may not be developed in 
     anticipation of the proposed project until all required 
     environmental reviews for the project have been completed.''.
       (b) Conforming Amendment.--The table of contents of chapter 
     241 is amended by inserting after the item relating to 
     section 24105 the following:

``24106. Advance acquisition.''.

     SEC. 35505. RAILROAD RIGHTS-OF-WAY.

       Section 306108 of title 54, United States Code, is 
     amended--
       (1) by inserting ``(b) Opportunity To Comment.--'' before 
     ``The head of the Federal agency shall afford'' and indenting 
     accordingly;
       (2) in the matter before subsection (b), by inserting ``(a) 
     In General.--'' before ``The head of any Federal agency 
     having direct'' and indenting accordingly; and
       (3) by adding at the end the following:
       ``(c) Exemption for Railroad Rights-of-Way.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Track, Railroad, and Infrastructure Network 
     Act, the Secretary of Transportation shall submit a proposed 
     exemption of railroad rights-of-way from the review under 
     this chapter to the Council for its consideration, consistent 
     with the exemption for interstate highways approved on March 
     10, 2005 (70 Fed. Reg. 11,928).
       ``(2) Final exemption.--Not later than 180 days after the 
     date that the Secretary submits the proposed exemption under 
     paragraph (1) to the Council, the Council shall issue a final 
     exemption of railroad rights-of-way from review under this 
     chapter, consistent with the exemption for interstate 
     highways approved on March 10, 2005 (70 Fed. Reg. 11,928).''.

     SEC. 35506. SAVINGS CLAUSE.

       Nothing in this title, or any amendment made by this title, 
     shall be construed as superceding, amending, or modifying the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) or affect the responsibility of any Federal officer to 
     comply with or enforce any such statute.

     SEC. 35507. TRANSITION.

       Nothing in this title, or any amendment made by this title, 
     shall affect any existing environmental review process, 
     program, agreement, or funding arrangement approved by the 
     Secretary under title 49, United States Code, as that title 
     was in effect on the day preceding the date of enactment of 
     this subtitle.

                         Subtitle F--Financing

     SEC. 35601. SHORT TITLE; REFERENCES.

       (a) Short Title.--This subtitle may be cited as the 
     ``Railroad Infrastructure Financing Improvement Act''.
       (b) References to the Railroad Revitalization and 
     Regulatory Reform Act of 1976.--Except as otherwise expressly 
     provided, wherever in this subtitle an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Railroad 
     Revitalization and Regulatory Reform Act of 1976, as amended 
     (45 U.S.C. 801 et seq.).

     SEC. 35602. DEFINITIONS.

       Section 501 (45 U.S.C. 821) is amended--
       (1) by redesignating paragraph (8) as paragraph (10);
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (3) by inserting after paragraph (5) the following:
       ``(6) The term `investment-grade rating' means a rating of 
     BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by 
     a rating agency.'';
       (4) by inserting after paragraph (8), as redesignated, the 
     following:
       ``(9) The term `master credit agreement' means an agreement 
     to make 1 or more direct loans or loan guarantees at future 
     dates for a program of related projects on terms acceptable 
     to the Secretary.''; and
       (5) by adding at the end the following:
       ``(11) The term `project obligation' means a note, bond, 
     debenture, or other debt obligation issued by a borrower in 
     connection with the financing of a project, other than a 
     direct loan or loan guarantee under this title.
       ``(12) The term `railroad' has the meaning given the term 
     `railroad carrier' in section 20102 of title 49, United 
     States Code.
       ``(13) The term `rating agency' means a credit rating 
     agency registered with the Securities and Exchange Commission 
     as a nationally recognized statistical rating organization 
     (as defined in section 3(a) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a))).
       ``(14) The term `substantial completion' means--
       ``(A) the opening of a project to passenger or freight 
     traffic; or
       ``(B) a comparable event, as determined by the Secretary 
     and specified in the direct loan.''.

     SEC. 35603. ELIGIBLE APPLICANTS.

       Section 502(a) (45 U.S.C. 822(a)) is amended--
       (1) in paragraph (5), by striking ``one railroad; and'' and 
     inserting ``1 of the entities described in paragraph (1), 
     (2), (3), (4), or (6);''; and
       (2) by amending paragraph (6) to read as follows:
       ``(6) solely for the purpose of constructing a rail 
     connection between a plant or facility and a rail carrier, 
     limited option freight shippers that own or operate a plant 
     or other facility; and''.

     SEC. 35604. ELIGIBLE PURPOSES.

       Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
       (1) in subparagraph (A), by inserting ``, and costs related 
     to these activities, including pre-construction costs'' after 
     ``shops'';
       (2) in subparagraph (B), by striking ``subparagraph (A); 
     or'' and inserting ``subparagraph (A) or (C);'';
       (3) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(D) reimburse planning and design expenses relating to 
     projects described in subparagraph (A) or (C).''.

     SEC. 35605. PROGRAM ADMINISTRATION.

       (a) Application Processing Procedures.--Section 502(i) (45 
     U.S.C. 822(i)) is amended to read as follows:
       ``(i) Application Processing Procedures.--
       ``(1) Application status notices.--Not later than 30 days 
     after the date that the Secretary receives an application 
     under this section, the Secretary shall provide the applicant 
     written notice as to whether the application is complete or 
     incomplete.
       ``(2) Incomplete applications.--If the Secretary determines 
     that an application is incomplete, the Secretary shall--
       ``(A) provide the applicant with a description of all of 
     the specific information or material that is needed to 
     complete the application; and
       ``(B) allow the applicant to resubmit the information and 
     material described under subparagraph (A) to complete the 
     application.
       ``(3) Application approvals and disapprovals.--
       ``(A) In general.--Not later than 60 days after the date 
     the Secretary notifies an applicant that an application is 
     complete under paragraph (1), the Secretary shall provide the 
     applicant written notice as to whether the Secretary has 
     approved or disapproved the application.
       ``(B) Actions by the office of management and budget.--In 
     order to enable compliance with the time limit under 
     subparagraph (A), the Office of Management and Budget shall 
     take any action required with respect to the application 
     within that 60-day period.
       ``(4) Expedited processing.--The Secretary shall implement 
     procedures and measures to economize the time and cost 
     involved in obtaining an approval or a disapproval of credit 
     assistance under this title.
       ``(5) Dashboard.--The Secretary shall post on the 
     Department of Transportation's public Web

[[Page H7498]]

     site a monthly report that includes for each application--
       ``(A) the name of the applicant or applicants;
       ``(B) the location of the project;
       ``(C) a brief description of the project, including its 
     purpose;
       ``(D) the requested direct loan or loan guarantee amount;
       ``(E) the date on which the Secretary provided application 
     status notice under paragraph (1); and
       ``(F) the date that the Secretary provided notice of 
     approval or disapproval under paragraph (3).''.
       (b) Administration of Direct Loans and Loan Guarantees.--
     Section 503 (45 U.S.C. 823) is amended--
       (1) in subsection (a), by striking the period at the end 
     and inserting ``, including a program guide and standard term 
     sheet and specific timetables.'';
       (2) by redesignating subsections (c) through (l) as 
     subsections (d) through (m), respectively;
       (3) by striking ``(b) Assignment of Loan Guarantees.--'' 
     and inserting ``(c) Assignment of Loan Guarantees.--'';
       (4) in subsection (d), as redesignated--
       (A) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) the modification cost has been covered under section 
     502(f).''; and
       (5) by amending subsection (l), as redesignated, to read as 
     follows:
       ``(l) Charges and Loan Servicing.--
       ``(1) Purposes.--The Secretary may collect and spend from 
     each applicant, obligor, or loan party a reasonable charge 
     for--
       ``(A) the cost of evaluating the application, amendments, 
     modifications, and waivers, including for evaluating project 
     viability, applicant creditworthiness, and the appraisal of 
     the value of the equipment or facilities for which the direct 
     loan or loan guarantee is sought, and for making necessary 
     determinations and findings;
       ``(B) the cost of award management and project management 
     oversight;
       ``(C) the cost of services from expert firms, including 
     counsel, and independent financial advisors to assist in the 
     underwriting, auditing, servicing, and exercise of rights 
     with respect to direct loans and loan guarantees; and
       ``(D) the cost of all other expenses incurred as a result 
     of a breach of any term or condition or any event of default 
     on a direct loan or loan guarantee.
       ``(2) Standards.--The Secretary may charge different 
     amounts under this subsection based on the different costs 
     incurred under paragraph (1).
       ``(3) Servicer.--
       ``(A) In general.--The Secretary may appoint a financial 
     entity to assist the Secretary in servicing a direct loan or 
     loan guarantee under this section.
       ``(B) Duties.--A servicer appointed under subparagraph (A) 
     shall act as the agent of the Secretary in serving a direct 
     loan or loan guarantee under this section.
       ``(C) Fees.--A servicer appointed under subparagraph (A) 
     shall receive a servicing fee from the obligor or other loan 
     party, subject to approval by the Secretary.
       ``(4) Safety and operations account.--Amounts collected 
     under this subsection shall--
       ``(A) be credited directly to the Safety and Operations 
     account of the Federal Railroad Administration; and
       ``(B) remain available until expended to pay for the costs 
     described in this subsection.''.

     SEC. 35606. LOAN TERMS AND REPAYMENT.

       (a) Prerequisites for Assistance.--Section 502(g)(1) (45 
     U.S.C. 822(g)(1)) is amended by striking ``35 years from the 
     date of its execution'' and inserting ``the lesser of 35 
     years after the date of substantial completion of the project 
     or the estimated useful life of the rail equipment or 
     facilities to be acquired, rehabilitated, improved, 
     developed, or established''.
       (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) 
     is amended--
       (1) in paragraph (1), by striking ``the sixth anniversary 
     date of the original loan disbursement'' and inserting ``5 
     years after the date of substantial completion''; and
       (2) by adding at the end the following:
       ``(3) Deferred payments.--
       ``(A) In general.--If at any time after the date of 
     substantial completion the project is unable to generate 
     sufficient revenues to pay the scheduled loan repayments of 
     principal and interest on the direct loan, the Secretary, 
     subject to subparagraph (B), may allow, for a maximum 
     aggregate time of 1 year over the duration of the direct 
     loan, the obligor to add unpaid principal and interest to the 
     outstanding balance of the direct loan.
       ``(B) Interest.--A payment deferred under subparagraph (A) 
     shall--
       ``(i) continue to accrue interest under paragraph (2) until 
     the loan is fully repaid; and
       ``(ii) be scheduled to be amortized over the remaining term 
     of the loan.
       ``(4) Prepayments.--
       ``(A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and direct loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay the direct loan without 
     penalty.
       ``(B) Use of proceeds of refinancing.--The direct loan may 
     be prepaid at any time without penalty from the proceeds of 
     refinancing from non-Federal funding sources.''.
       (c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is 
     amended by adding at the end the following:
       ``(k) Sale of Direct Loans.--
       ``(1) In general.--Subject to paragraph (2) and as soon as 
     practicable after substantial completion of a project, the 
     Secretary, after notifying the obligor, may sell to another 
     entity or reoffer into the capital markets a direct loan for 
     the project if the Secretary determines that the sale or 
     reoffering has a high probability of being made on favorable 
     terms.
       ``(2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary may not change the 
     original terms and conditions of the secured loan without the 
     prior written consent of the obligor''.
       (d) Nonsubordination.--Section 502 (45 U.S.C. 822), as 
     amended in subsection (c), is further amended by adding at 
     the end the following:
       ``(l) Nonsubordination.--
       ``(1) In general.--Except as provided in paragraph (2)(B), 
     a direct loan shall not be subordinated to the claims of any 
     holder of project obligations in the event of bankruptcy, 
     insolvency, or liquidation of the obligor.
       ``(2) Preexisting indentures.--
       ``(A) In general.--The Secretary may waive the requirement 
     under paragraph (1) for a public agency borrower that is 
     financing ongoing capital programs and has outstanding senior 
     bonds under a preexisting indenture if--
       ``(i) the direct loan is rated in the A category or higher;
       ``(ii) the direct loan is secured and payable from pledged 
     revenues not affected by project performance, such as a tax-
     based revenue pledge or a system-backed pledge of project 
     revenues; and
       ``(iii) the program share, under this title, of eligible 
     project costs is 50 percent or less.
       ``(B) Limitation.--The Secretary may impose limitations for 
     the waiver of the nonsubordination requirement under this 
     paragraph if the Secretary determines that such limitations 
     would be in the financial interest of the Federal 
     Government.''.

     SEC. 35607. CREDIT RISK PREMIUMS.

       Section 502(f) (45 U.S.C. 822(f)) is amended--
       (1) in paragraph (1), by amending the first sentence to 
     read as follows: ``In lieu of or in combination with 
     appropriations of budget authority to cover the costs of 
     direct loans and loan guarantees as required under section 
     504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661c(b)(1)), including the cost of a modification thereof, 
     the Secretary may accept on behalf of an applicant for 
     assistance under this section a commitment from a non-Federal 
     source, including a State or local government or agency or 
     public benefit corporation or public authority thereof, to 
     fund in whole or in part credit risk premiums and 
     modification costs with respect to the loan that is the 
     subject of the application or modification.'';
       (2) in paragraph (2)--
       (A) in subparagraph (D), by adding ``and'' after the 
     semicolon;
       (B) by striking subparagraph (E); and
       (C) by redesignating subparagraph (F) as subparagraph (E);
       (3) by striking paragraph (4);
       (4) by redesignating paragraph (3) as paragraph (4);
       (5) by inserting after paragraph (2) the following:
       ``(3) Creditworthiness.--An applicant may propose and the 
     Secretary may accept as a basis for determining the amount of 
     the credit risk premium under paragraph (2) any of the 
     following in addition to the value of any tangible asset:
       ``(A) The net present value of a future stream of State or 
     local subsidy income or other dedicated revenues to secure 
     the direct loan or loan guarantee.
       ``(B) Adequate coverage requirements to ensure repayment, 
     on a non-recourse basis, from cash flows generated by the 
     project or any other dedicated revenue source, including--
       ``(i) tolls;
       ``(ii) user fees; or
       ``(iii) payments owing to the obligor under a public-
     private partnership.
       ``(C) An investment-grade rating on the direct loan or loan 
     guarantee, as applicable, except that if the total amount of 
     the direct loan or loan guarantee is greater than 
     $75,000,000, the applicant shall have an investment-grade 
     rating from at least 2 rating agencies on the direct loan or 
     loan guarantee.''; and
       (6) in paragraph (4), as redesignated, by striking 
     ``amounts'' and inserting ``amounts (and in the case of a 
     modification, before the modification is executed), to the 
     extent appropriations are not available to the Secretary to 
     meet the costs of direct loans and loan guarantees, including 
     costs of modifications thereof''.

     SEC. 35608. MASTER CREDIT AGREEMENTS.

       Section 502 (45 U.S.C. 822), as amended by subsections (c) 
     and (d) of section 35606 of this Act, is further amended by 
     adding at the end the following:
       ``(m) Master Credit Agreements.--
       ``(1) In general.--Subject to section 502(d) and paragraph 
     (2) of this subsection, the Secretary may enter into a master 
     credit agreement that is contingent on all of the conditions 
     for the provision of a direct loan or loan guarantee, as 
     applicable, under this title and other applicable 
     requirements being satisfied prior to the issuance of the 
     direct loan or loan guarantee.
       ``(2) Conditions.--Each master credit agreement shall--
       ``(A) establish the maximum amount and general terms and 
     conditions of each applicable direct loan or loan guarantee;
       ``(B) identify 1 or more dedicated non-Federal revenue 
     sources that will secure the repayment of each applicable 
     direct loan or loan guarantee;
       ``(C) provide for the obligation of funds for the direct 
     loans or loan guarantees contingent

[[Page H7499]]

     on and after all requirements have been met for the projects 
     subject to the master credit agreement; and
       ``(D) provide 1 or more dates, as determined by the 
     Secretary, before which the master credit agreement results 
     in each of the direct loans or loan guarantees or in the 
     release of the master credit agreement.''.

     SEC. 35609. PRIORITIES AND CONDITIONS.

       (a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c)) 
     is amended--
       (1) in paragraph (1), by inserting ``, including projects 
     for the installation of a positive train control system (as 
     defined in section 20157(i) of title 49, United States 
     Code)'' after ``public safety'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (2), respectively;
       (3) in paragraph (5), by inserting ``or chapter 227 of 
     title 49'' after ``section 135 of title 23'';
       (4) by redesignating paragraphs (6) through (8) as 
     paragraphs (7) through (9), respectively; and
       (5) by inserting after paragraph (5) the following:
       ``(6) improve railroad stations and passenger facilities 
     and increase transit-oriented development;''.
       (b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 
     822(h)) is amended in paragraph (2), by inserting ``, if 
     applicable'' after ``project''.

     SEC. 35610. SAVINGS PROVISION.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle, and the amendments made by this subtitle, shall not 
     affect any direct loan (or direct loan obligation) or an 
     outstanding loan guarantee (or loan guarantee commitment) 
     that was in effect prior to the date of enactment of this 
     Act. Any such transaction entered into before the date of 
     enactment of this Act shall be administered until completion 
     under its terms as if this Act were not enacted.
       (b) Modification Costs.--At the discretion of the 
     Secretary, the authority to accept modification costs on 
     behalf of an applicant under section 502(f) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822(f)), as amended by section 35607 of this Act, may apply 
     with respect to any direct loan (or direct loan obligation) 
     or an outstanding loan guarantee (or loan guarantee 
     commitment) that was in effect prior to the date of enactment 
     of this Act.

                 DIVISION D--FREIGHT AND MAJOR PROJECTS

                       TITLE XLI--FREIGHT POLICY

     SEC. 41001. ESTABLISHMENT OF FREIGHT CHAPTER.

       (a) Freight.--Subtitle III of title 49, United States Code, 
     is amended by inserting after chapter 53 the following:

                         ``CHAPTER 54--FREIGHT

``5401. Definitions.
``5402. National multimodal freight policy.
``5403. National multimodal freight network.
``5404. National freight strategic plan.
``5405. State freight advisory committees.
``5406. State freight plans.
``5407. Transportation investment planning and data tools.
``5408. Savings provision.
``5409. Assistance for freight projects.

     ``Sec. 5401. Definitions

       ``In this chapter:
       ``(1) Economic competitiveness.--The term `economic 
     competitiveness' means the ability of the economy to 
     efficiently move freight and people, produce goods, and 
     deliver services, including--
       ``(A) reductions in the travel time of freight;
       ``(B) reductions in the congestion caused by the movement 
     of freight;
       ``(C) improvements to freight travel time reliability; and
       ``(D) reductions in freight transportation costs due to 
     congestion and insufficient infrastructure.
       ``(2) Freight.--The term `freight' means the commercial 
     transportation of cargo, including agricultural, 
     manufactured, retail, or other goods by vessel, vehicle, 
     pipeline, or rail.
       ``(3) Freight transportation modes.--The term `freight 
     transportation modes' means--
       ``(A) the infrastructure supporting any mode of 
     transportation that moves freight, including highways, ports, 
     waterways, rail facilities, and pipelines; and
       ``(B) any vehicles or equipment transporting goods on such 
     infrastructure.
       ``(4) National highway freight network.--The term `national 
     highway freight network' means the network established under 
     section 167 of title 23.
       ``(5) National multimodal freight network.--The term 
     `national multimodal freight network' means the network 
     established under section 5403.
       ``(6) National multimodal freight strategic plan.--The term 
     `national multimodal freight strategic plan' means the 
     strategic plan developed under section 5404.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(8) State.--The term `State' means a State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
     American Samoa, and the United States Virgin Islands.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for subtitle III of title 49, United States Code, is 
     amended by inserting after the item relating to chapter 53 
     the following:

``54. Freight...............................................5401''.....

     SEC. 41002. NATIONAL MULTIMODAL FREIGHT POLICY.

       Chapter 54 of subtitle III of title 49, United States Code, 
     as added by section 41001, is amended by adding after section 
     5401 the following:

     ``Sec. 5402. National multimodal freight policy

       ``(a) Policy.--It is the policy of the United States--
       ``(1) to support investment to maintain and improve the 
     condition and performance of the national multimodal freight 
     network;
       ``(2) to ensure that the United States maximizes its 
     competitiveness in the global economy by increasing the 
     overall productivity and connectivity of the national freight 
     system; and
       ``(3) to pursue the goals described in subsection (b).
       ``(b) Goals.--The national multimodal freight policy has 
     the following goals:
       ``(1) To enhance the economic competitiveness of the United 
     States by investing in infrastructure improvements and 
     implementing operational improvements on the freight network 
     of the United States that achieve 1 or more of the following:
       ``(A) Strengthen the contribution of the national freight 
     network to the economic competitiveness of the United States.
       ``(B) Reduce congestion and relieve bottlenecks in the 
     freight transportation system.
       ``(C) Reduce the cost of freight transportation.
       ``(D) Improve the reliability of freight transportation.
       ``(E) Increase productivity, particularly for domestic 
     industries and businesses that create jobs.
       ``(2) To improve the safety, security, efficiency, and 
     resiliency of freight transportation in rural and urban 
     areas.
       ``(3) To improve the condition of the national freight 
     network.
       ``(4) To use advanced technology to improve the safety and 
     efficiency of the national freight network.
       ``(5) To incorporate concepts of performance, innovation, 
     competition, and accountability into the operation and 
     maintenance of the national freight network.
       ``(6) To improve the efficiency and productivity of the 
     national freight network.
       ``(7) To pursue these goals in a manner that is not 
     burdensome to State and local governments.
       ``(c) Strategies.--The United States may achieve the goals 
     described in subsection (b) by--
       ``(1) providing funding to maintain and improve freight 
     infrastructure facilities;
       ``(2) implementing appropriate safety, environmental, 
     energy and other transportation policies;
       ``(3) utilizing advanced technology and innovation;
       ``(4) promoting workforce development; and
       ``(5) using performance management activities.
       ``(d) Implementation.--The Under Secretary for Policy, who 
     shall be responsible for the oversight and implementation of 
     the national multimodal freight policy, shall--
       ``(1) assist with the coordination of modal freight 
     planning;
       ``(2) ensure consistent, expedited review of multimodal 
     freight projects;
       ``(3) review the project planning and approval processes at 
     each modal administration to identify modeling and metric 
     inconsistencies, approvals, and terminology differences that 
     could hamper multimodal project approval;
       ``(4) identify interagency data sharing opportunities to 
     promote freight planning and coordination;
       ``(5) identify multimodal efforts and connections;
       ``(6) designate the lead agency for multimodal freight 
     projects;
       ``(7) develop recommendations for State incentives for 
     multimodal planning efforts, which may include--
       ``(A) reducing the State cost share; or
       ``(B) expediting the review of agreements for multimodal or 
     freight specific projects;
       ``(8) explore opportunities within existing legal 
     authorities to reduce project delays by issuing categorical 
     exclusions or allowing self-certifications of right-of-way 
     acquisitions for freight projects; and
       ``(9) submit a report to the Committee on Commerce, 
     Science, and Transportation and the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that identifies required reports, statutory 
     requirements, and other limitations on efficient freight 
     project delivery that could be streamlined or 
     consolidated.''.

     SEC. 41003. NATIONAL MULTIMODAL FREIGHT NETWORK.

       Chapter 54 of subtitle III of title 49, United States Code, 
     as amended by section 41002, is amended by adding after 
     section 5402 the following:

     ``Sec. 5403. National multimodal freight network

       ``(a) In General.--The Secretary shall establish a national 
     freight network, in accordance with this section--
       ``(1) to assist States in strategically directing resources 
     toward improved system performance for the efficient movement 
     of freight on transportation networks;
       ``(2) to inform freight transportation planning;
       ``(3) to assist in the prioritization of Federal 
     investment; and
       ``(4) to assess and support Federal investments to achieve 
     the national multimodal freight policy goals described in 
     section 5402(b) of this title and in section 150(b) of title 
     23.
       ``(b) Network Components.--The national multimodal freight 
     network established under this section shall consist of all 
     connectors, corridors, and facilities in all freight 
     transportation modes that are the most critical to the 
     current and future movement of freight, including the 
     national highway freight network, to achieve

[[Page H7500]]

     the national multimodal freight policy goals described in 
     section 5402(b) of this title and in section 150(b) of title 
     23.
       ``(c) Initial Designation of Primary Freight System.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the DRIVE Act, the Secretary, after soliciting 
     input from stakeholders, including multimodal freight system 
     users, transport providers, metropolitan planning 
     organizations, local governments, ports, airports, railroads, 
     and States, through a public process to identify critical 
     freight facilities and corridors that are vital to achieve 
     the national multimodal freight policy goals described in 
     section 5402(b) of this title and in section 150(b) of title 
     23, and after providing notice and opportunity for comment on 
     a draft system, shall designate a primary freight system with 
     the goal of--
       ``(A) improving network and intermodal connectivity; and
       ``(B) using measurable data as part of the assessment of 
     the significance of freight movement, including the 
     consideration of points of origin, destination, and linking 
     components of domestic and international supply chains.
       ``(2) Factors.--In designating or redesignating a primary 
     freight system, the Secretary shall consider--
       ``(A) origins and destinations of freight movement within, 
     to, and from the United States;
       ``(B) volume, value, tonnage, and the strategic importance 
     of freight;
       ``(C) access to border crossings, airports, seaports, and 
     pipelines;
       ``(D) economic factors, including balance of trade;
       ``(E) access to major areas for manufacturing, agriculture, 
     or natural resources;
       ``(F) access to energy exploration, development, 
     installation, and production areas;
       ``(G) intermodal links and intersections that promote 
     connectivity;
       ``(H) freight choke points and other impediments 
     contributing to significant measurable congestion, delay in 
     freight movement, or inefficient modal connections;
       ``(I) impacts on all freight transportation modes and modes 
     that share significant freight infrastructure;
       ``(J) elements and transportation corridors identified by a 
     multi-State coalition, a State, a State advisory committee, 
     or a metropolitan planning organization, using national or 
     local data, as having critical freight importance to the 
     region;
       ``(K) intermodal connectors, major distribution centers, 
     inland intermodal facilities, and first- and last-mile 
     facilities;
       ``(L) the annual average daily truck traffic on principal 
     arterials; and
       ``(M) the significance of goods movement, including 
     consideration of global and domestic supply chains.
       ``(3) Requirements for designation.--A designation may be 
     made under this subsection if the freight transportation 
     facility or infrastructure being considered--
       ``(A) is in an urbanized area, regardless of population;
       ``(B) has been designated under subsection (d) as a 
     critical rural freight corridor;
       ``(C) connects an intermodal facility to--
       ``(i) the primary freight network; or
       ``(ii) an intermodal freight facility;
       ``(D)(i) is located within a corridor of a route on the 
     primary freight network; and
       ``(ii) provides an alternative option important to goods 
     movement;
       ``(E) serves a major freight generator, logistic center, 
     agricultural region, or manufacturing, warehouse, or 
     industrial land; or
       ``(F) is important to the movement of freight within a 
     State or metropolitan region, as determined by the State or 
     the metropolitan planning organization.
       ``(4) Considerations.--In designating or redesignating the 
     primary freight system under subsection (e), the Secretary 
     shall--
       ``(A) use, to the extent practicable, measurable data to 
     assess the significance of goods movement, including the 
     consideration of points of origin, destination, and linking 
     components of the United States global and domestic supply 
     chains;
       ``(B) consider--
       ``(i) the factors described in subsection (c)(2); and
       ``(ii) any changes in the economy or freight transportation 
     network demand; and
       ``(C) provide the States with an opportunity to submit 
     proposed designations in accordance with paragraph (5).
       ``(5) State input.--
       ``(A) In general.--Each State that proposes increased 
     designations on the primary freight system shall--
       ``(i) consider nominations for additional designations from 
     metropolitan planning organizations and State freight 
     advisory committees within the State;
       ``(ii) consider nominations for the additional designations 
     from owners and operators of port, rail, pipeline, and 
     airport facilities; and
       ``(iii) ensure that additional designations are consistent 
     with the State Transportation Improvement Program or freight 
     plan.
       ``(B) Revisions.--States may revise routes certified under 
     section 4006 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2148) 
     to conform with the designated freight system under this 
     section.
       ``(C) Submission and certification.--Each State shall 
     submit to the Secretary--
       ``(i) a list of the additional designations added under 
     this subsection; and
       ``(ii) certification that--

       ``(I) the State has satisfied the requirements under 
     subparagraph (A); and
       ``(II) the designations referred to in clause (i) address 
     the factors for redesignation described in subsection (c)(3).

       ``(d) Critical Rural Freight Corridors.--A State may 
     designate freight transportation infrastructure or facilities 
     within the borders of the State as a critical rural freight 
     corridor if the public road or facility--
       ``(1) is a rural principal arterial roadway or facility;
       ``(2) provides access or service to energy exploration, 
     development, installation, or production areas;
       ``(3) provides access or service to--
       ``(A) a grain elevator;
       ``(B) an agricultural facility;
       ``(C) a mining facility;
       ``(D) a forestry facility; or
       ``(E) an intermodal facility;
       ``(4) connects to an international port of entry;
       ``(5) provides access to significant air, rail, water, or 
     other freight facilities in the State; or
       ``(6) has been determined by the State to be vital to 
     improving the efficient movement of freight of importance to 
     the economy of the State.
       ``(e) Redesignation of Primary Freight System.--Beginning 
     on the date that is 5 years after the initial designation 
     under subsection (c), and every 5 years thereafter, the 
     Secretary, using the designation factors described in 
     subsection (c)(3), shall redesignate the primary freight 
     system.''.

                          TITLE XLII--PLANNING

     SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN.

       Chapter 54 of subtitle III of title 49, United States Code 
     (as amended by title XLI), is amended by adding at the end 
     the following:

     ``Sec. 5404. National freight strategic plan

       ``(a) Initial Development of National Freight Strategic 
     Plan.--Not later than 3 years after the date of enactment of 
     the DRIVE Act, the Secretary, in consultation with State 
     departments of transportation, metropolitan planning 
     organizations, and other appropriate public and private 
     transportation stakeholders, shall develop, after providing 
     opportunity for notice and comment on a draft national 
     freight strategic plan, and post on the public website of the 
     Department of Transportation a national freight strategic 
     plan that includes--
       ``(1) an assessment of the condition and performance of the 
     national multimodal freight network;
       ``(2) an identification of bottlenecks on the national 
     multimodal freight network that create significant freight 
     congestion based on a quantitative methodology developed by 
     the Secretary, which shall, at a minimum, include--
       ``(A) information from the Freight Analysis Framework of 
     the Federal Highway Administration; and
       ``(B) to the maximum extent practicable, an estimate of the 
     cost of addressing each bottleneck and any operational 
     improvements that could be implemented;
       ``(3) a forecast of freight volumes, based on the most 
     recent data available, for--
       ``(A) the 5-year period beginning in the year during which 
     the plan is issued; and
       ``(B) if practicable, for the 10- and 20-year period 
     beginning in the year during which the plan is issued;
       ``(4) an identification of major trade gateways and 
     national freight corridors that connect major economic 
     corridors, population centers, trade gateways, and other 
     major freight generators for current and forecasted traffic 
     and freight volumes, the identification of which shall be 
     revised, as appropriate, in subsequent plans;
       ``(5) an assessment of statutory, regulatory, 
     technological, institutional, financial, and other barriers 
     to improved freight transportation performance (including 
     opportunities for overcoming the barriers);
       ``(6) an identification of routes providing access to 
     energy exploration, development, installation, or production 
     areas;
       ``(7) routes for providing access to major areas for 
     manufacturing, agriculture, or natural resources;
       ``(8) best practices for improving the performance of the 
     national freight network;
       ``(9) best practices to mitigate the impacts of freight 
     movement on communities;
       ``(10) a process for addressing multistate projects and 
     encouraging jurisdictions to collaborate on multistate 
     projects;
       ``(11) identification of locations or areas with congestion 
     involving freight traffic, and strategies to address those 
     issues;
       ``(12) strategies to improve freight intermodal 
     connectivity; and
       ``(13) best practices for improving the performance of the 
     national multimodal freight network and rural and urban 
     access to critical freight corridors.
       ``(b) Updates to National Freight Strategic Plan.--Not 
     later than 5 years after the date of completion of the first 
     national multimodal freight strategic plan under subsection 
     (a) and every 5 years thereafter, the Secretary shall update 
     and repost on the public website of the Department of 
     Transportation a revised national freight strategic plan.''.

     SEC. 42002. STATE FREIGHT ADVISORY COMMITTEES.

       Chapter 54 of subtitle III of title 49, United States Code 
     (as amended by section 42001), is amended by adding at the 
     end the following:

     ``Sec. 5405. State freight advisory committees

       ``(a) In General.--Each State shall establish a freight 
     advisory committee consisting of a representative cross-
     section of public and private sector freight stakeholders, 
     including representatives of ports, third party logistics 
     providers, shippers, carriers, freight-related associations, 
     the freight industry workforce, the transportation department 
     of the State, and local governments.
       ``(b) Role of Committee.--A freight advisory committee of a 
     State described in subsection (a) shall--

[[Page H7501]]

       ``(1) advise the State on freight-related priorities, 
     issues, projects, and funding needs;
       ``(2) serve as a forum for discussion for State 
     transportation decisions affecting freight mobility;
       ``(3) communicate and coordinate regional priorities with 
     other organizations;
       ``(4) promote the sharing of information between the 
     private and public sectors on freight issues; and
       ``(5) participate in the development of the freight plan of 
     the State described in section 5406.''.

     SEC. 42003. STATE FREIGHT PLANS.

       Chapter 54 of subtitle III of title 49, United States Code 
     (as amended by section 42002), is amended by adding at the 
     end the following:

     ``Sec. 5406. State freight plans

       ``(a) In General.--Each State shall develop a freight plan 
     that provides a comprehensive plan for the immediate and 
     long-range planning activities and investments of the State 
     with respect to freight.
       ``(b) Plan Contents.--A freight plan described in 
     subsection (a) shall include, at a minimum--
       ``(1) an identification of significant freight system 
     trends, needs, and issues with respect to the State;
       ``(2) a description of the freight policies, strategies, 
     and performance measures that will guide the freight-related 
     transportation investment decisions of the State;
       ``(3) when applicable, a listing of critical rural and 
     urban freight corridors designated within the State under 
     section 5403 of this title or section 167 of title 23;
       ``(4) a description of how the plan will improve the 
     ability of the State to meet the national freight goals 
     established under section 5402(b) of this title and section 
     150(b) of title 23;
       ``(5) a description of how innovative technologies and 
     operational strategies, including freight intelligent 
     transportation systems, that improve the safety and 
     efficiency of freight movement, were considered;
       ``(6) in the case of roadways on which travel by heavy 
     vehicles (including mining, agricultural, energy cargo or 
     equipment, and timber vehicles) is projected to substantially 
     deteriorate the condition of roadways, a description of 
     improvements that may be required to reduce or impede the 
     deterioration;
       ``(7) an inventory of facilities with freight mobility 
     issues, such as bottlenecks, within the State, and where the 
     facilities are State owned or operated, a description of the 
     strategies the State is employing to address those freight 
     mobility issues;
       ``(8) consideration of any significant congestion or delay 
     caused by freight movements and any strategies to mitigate 
     that congestion or delay; and
       ``(9) a freight investment plan that, subject to subsection 
     (c)(2), includes a list of priority projects and describes 
     how funds made available to carry out section 167 of title 23 
     would be invested and matched.
       ``(c) Relationship to Long-range Plan.--
       ``(1) Incorporation.--A State freight plan described in 
     subsection (a) may be developed separately from or 
     incorporated into the statewide strategic long-range 
     transportation plan required by section 135 of title 23.
       ``(2) Fiscal constraint.--The freight investment plan 
     component of a freight plan shall include a project, or an 
     identified phase of a project, only if funding for completion 
     of the project can reasonably be anticipated to be available 
     for the project within the time period identified in the 
     freight investment plan.
       ``(d) Planning Period.--The freight plan shall address a 5-
     year forecast period.
       ``(e) Updates.--
       ``(1) In general.--A State shall update the freight plan 
     not less frequently than once every 5 years.
       ``(2) Freight investment plan.--A State may update the 
     freight investment plan more frequently than is required 
     under paragraph (1).''.

     SEC. 42004. FREIGHT DATA AND TOOLS.

       Chapter 54 of subtitle III of title 49, United States Code 
     (as amended by section 42003), is amended by adding at the 
     end the following:

     ``Sec. 5407. Transportation investment data and planning 
       tools

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the DRIVE Act, the Secretary shall--
       ``(1) begin development of new tools and improvement of 
     existing tools to support an outcome-oriented, performance-
     based approach to evaluate proposed freight-related and other 
     transportation projects, including--
       ``(A) methodologies for systematic analysis of benefits and 
     costs on a national or regional basis;
       ``(B) tools for ensuring that the evaluation of freight-
     related and other transportation projects could consider 
     safety, economic competitiveness, urban and rural access, 
     environmental sustainability, and system condition in the 
     project selection process;
       ``(C) improved methods for data collection and trend 
     analysis;
       ``(D) encouragement of public-private partnerships to carry 
     out data sharing activities while maintaining the 
     confidentiality of all proprietary data; and
       ``(E) other tools to assist in effective transportation 
     planning;
       ``(2) identify transportation-related model data elements 
     to support a broad range of evaluation methods and techniques 
     to assist in making transportation investment decisions; and
       ``(3) at a minimum, in consultation with other relevant 
     Federal agencies, consider any improvements to existing 
     freight flow data collection efforts that could reduce 
     identified freight data gaps and deficiencies and help 
     improve forecasts of freight transportation demand.
       ``(b) Consultation.--The Secretary shall consult with 
     Federal, State, and other stakeholders to develop, improve, 
     and implement the tools and collect the data described in 
     subsection (a).''.

     SEC. 42005. SAVINGS PROVISION.

       Chapter 54 of subtitle III of title 49, United States Code 
     (as amended by section 42004), is amended by adding at the 
     end the following:

     ``Sec. 5408. Savings provision

       ``Nothing in this chapter provides additional authority to 
     regulate or direct private activity on freight networks 
     designated by this chapter.''.

                  TITLE XLIII--FORMULA FREIGHT PROGRAM

     SEC. 43001. NATIONAL HIGHWAY FREIGHT PROGRAM.

       (a) In General.--Section 167 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 167. National highway freight program

       ``(a) Establishment.--
       ``(1) In general.--It is the policy of the United States to 
     improve the condition and performance of the national highway 
     freight network to ensure that the national freight network 
     provides the foundation for the United States to compete in 
     the global economy and achieve each goal described in 
     subsection (b).
       ``(2) Establishment.--In support of the goals described in 
     subsection (b), the Federal Highway Administrator (referred 
     to in this section as the `Administrator') shall establish a 
     national highway freight program in accordance with this 
     section to improve the efficient movement of freight on the 
     national highway freight network.
       ``(b) Goals.--The goals of the national highway freight 
     program are--
       ``(1) to invest in infrastructure improvements and to 
     implement operational improvements on the highways of the 
     United States that--
       ``(A) strengthen the contribution of the national highway 
     freight network to the economic competitiveness of the United 
     States;
       ``(B) reduce congestion and relieve bottlenecks in the 
     freight transportation system;
       ``(C) reduce the cost of freight transportation;
       ``(D) improve the reliability of freight transportation; 
     and
       ``(E) increase productivity, particularly for domestic 
     industries and businesses that create high-value jobs;
       ``(2) to improve the safety, security, efficiency, and 
     resiliency of freight transportation in rural and urban 
     areas;
       ``(3) to improve the state of good repair of the national 
     highway freight network;
       ``(4) to use advanced technology to improve the safety and 
     efficiency of the national highway freight network;
       ``(5) to incorporate concepts of performance, innovation, 
     competition, and accountability into the operation and 
     maintenance of the national highway freight network;
       ``(6) to improve the efficiency and productivity of the 
     national highway freight network; and
       ``(7) to reduce the environmental impacts of freight 
     movement.
       ``(c) Establishment of a National Highway Freight 
     Network.--
       ``(1) In general.--The Administrator shall establish a 
     national highway freight network in accordance with this 
     section to assist States in strategically directing resources 
     toward improved system performance for efficient movement of 
     freight on highways.
       ``(2) Network components.--The national highway freight 
     network shall consist of--
       ``(A) the primary highway freight system, as designated 
     under subsection (d);
       ``(B) critical rural freight corridors established under 
     subsection (e);
       ``(C) critical urban freight corridors established under 
     subsection (f); and
       ``(D) the portions of the Interstate System not designated 
     as part of the primary highway freight system, including 
     designated future Interstate System routes as of the date of 
     enactment of the DRIVE Act.
       ``(d) Designation and Redesignation of the Primary Highway 
     Freight System.--
       ``(1) Initial designation of primary highway freight 
     system.--The initial designation of the primary highway 
     freight system shall be--
       ``(A) the network designated by the Secretary under section 
     167(d) of title 23, United States Code, as in effect on the 
     day before the date of enactment of the DRIVE Act; and
       ``(B) all National Highway System freight intermodal 
     connectors.
       ``(2) Redesignation of primary highway freight system.--
       ``(A) In general.--Beginning on the date that is 1 year 
     after the date of enactment of the DRIVE Act and every 5 
     years thereafter, using the designation factors described in 
     subparagraph (E), the Administrator shall redesignate the 
     primary highway freight system (including any additional 
     mileage added to the primary highway freight system under 
     this paragraph as of the date on which the redesignation 
     process is effective).
       ``(B) Mileage.--
       ``(i) First redesignation.--In redesignating the primary 
     highway freight system on the date that is 1 year after the 
     date of enactment of the DRIVE Act, the Administrator shall 
     limit the system to 30,000 centerline miles, without regard 
     to the connectivity of the primary highway freight system.
       ``(ii) Subsequent redesignations.--Each redesignation after 
     the redesignation described in clause (i), the Administrator 
     may increase the primary highway freight system by up to 5 
     percent of the total mileage of the system, without regard to 
     the connectivity of the primary highway freight system.
       ``(C) Considerations.--

[[Page H7502]]

       ``(i) In general.--In redesignating the primary highway 
     freight system, to the maximum extent practicable, the 
     Administrator shall use measurable data to assess the 
     significance of goods movement, including consideration of 
     points of origin, destination, and linking components of the 
     United States global and domestic supply chains.
       ``(ii) Intermodal connectors.--In redesignating the primary 
     highway freight system, the Administrator shall include all 
     National Highway System freight intermodal connectors.
       ``(D) Input.--In addition to the process provided to State 
     freight advisory committees under paragraph (3), in 
     redesignating the primary highway freight system, the 
     Administrator shall provide an opportunity for State freight 
     advisory committees to submit additional miles for 
     consideration.
       ``(E) Factors for redesignation.--In redesignating the 
     primary highway freight system, the Administrator shall 
     consider--
       ``(i) the origins and destinations of freight movement in, 
     to, and from the United States;
       ``(ii) land and water ports of entry;
       ``(iii) access to energy exploration, development, 
     installation, or production areas;
       ``(iv) proximity of access to other freight intermodal 
     facilities, including rail, air, water, and pipelines;
       ``(v) the total freight tonnage and value moved via 
     highways;
       ``(vi) significant freight bottlenecks, as identified by 
     the Administrator;
       ``(vii) the annual average daily truck traffic on principal 
     arterials; and
       ``(viii) the significance of goods movement on principal 
     arterials, including consideration of global and domestic 
     supply chains.
       ``(3) State flexibility for additional miles on primary 
     highway freight system.--
       ``(A) In general.--Not later than 1 year after each 
     redesignation conducted by the Administrator under paragraph 
     (2), each State, under the advisement of the State freight 
     advisory committee, as developed and carried out in 
     accordance with subsection (l), may increase the number of 
     miles designated as part of the primary highway freight 
     system in that State by not more than 10 percent of the miles 
     designated in that State under this subsection if the 
     additional miles--
       ``(i) close gaps between primary highway freight system 
     segments;
       ``(ii) establish connections of the primary highway freight 
     system critical to the efficient movement of goods, including 
     ports, international border crossings, airports, intermodal 
     facilities, logistics centers, warehouses, and agricultural 
     facilities; or
       ``(iii) designate critical emerging freight routes.
       ``(B) Considerations.--Each State, under the advisement of 
     the State freight advisory committee that increases the 
     number of miles on the primary highway freight system under 
     subparagraph (A) shall--
       ``(i) consider nominations for the additional miles from 
     metropolitan planning organizations within the State;
       ``(ii) ensure that the additional miles are consistent with 
     the freight plan of the State; and
       ``(iii) review the primary highway freight system of the 
     State designated under paragraph (1) and redesignate miles in 
     a manner that is consistent with paragraph (2).
       ``(C) Submission.--Each State, under the advisement of the 
     State freight advisory committee shall--
       ``(i) submit to the Administrator a list of the additional 
     miles added under this subsection; and
       ``(ii) certify that--

       ``(I) the additional miles meet the requirements of 
     subparagraph (A); and
       ``(II) the State, under the advisement of the State freight 
     advisory committee, has satisfied the requirements of 
     subparagraph (B).

       ``(e) Critical Rural Freight Corridors.--A State may 
     designate a public road within the borders of the State as a 
     critical rural freight corridor if the public road--
       ``(1) is a rural principal arterial roadway and has a 
     minimum of 25 percent of the annual average daily traffic of 
     the road measured in passenger vehicle equivalent units from 
     trucks (Federal Highway Administration vehicle class 8 to 
     13);
       ``(2) provides access to energy exploration, development, 
     installation, or production areas;
       ``(3) connects the primary highway freight system, a 
     roadway described in paragraph (1) or (2), or the Interstate 
     System to facilities that handle more than--
       ``(A) 50,000 20-foot equivalent units per year; or
       ``(B) 500,000 tons per year of bulk commodities;
       ``(4) provides access to--
       ``(A) a grain elevator;
       ``(B) an agricultural facility;
       ``(C) a mining facility;
       ``(D) a forestry facility; or
       ``(E) an intermodal facility;
       ``(5) connects to an international port of entry;
       ``(6) provides access to significant air, rail, water, or 
     other freight facilities in the State; or
       ``(7) is, in the determination of the State, vital to 
     improving the efficient movement of freight of importance to 
     the economy of the State.
       ``(f) Critical Urban Freight Corridors.--
       ``(1) Urbanized area with population of 500,000 or more.--
     In an urbanized area with a population of 500,000 or more 
     individuals, the representative metropolitan planning 
     organization, in consultation with the State, may designate a 
     public road within the borders of that area of the State as a 
     critical urban freight corridor.
       ``(2) Urbanized area with a population less than 500,000.--
     In an urbanized area with a population of less than 500,000 
     individuals, the State, in consultation with the 
     representative metropolitan planning organization, may 
     designate a public road within the borders of that area of 
     the State as a critical urban freight corridor.
       ``(3) Requirements for designation.--A designation may be 
     made under paragraphs (1) or (2) if the public road--
       ``(A) is in an urbanized area, regardless of population; 
     and
       ``(B)(i) connects an intermodal facility to--
       ``(I) the primary highway freight network;
       ``(II) the Interstate System; or
       ``(III) an intermodal freight facility;
       ``(ii) is located within a corridor of a route on the 
     primary highway freight network and provides an alternative 
     highway option important to goods movement;
       ``(iii) serves a major freight generator, logistic center, 
     or manufacturing and warehouse industrial land; or
       ``(iv) is important to the movement of freight within the 
     region, as determined by the metropolitan planning 
     organization or the State.
       ``(g) Designation and Certification.--
       ``(1) Designation.--States and metropolitan planning 
     organizations may designate corridors under subsections (e) 
     and (f) and submit the designated corridors to the 
     Administrator on a rolling basis.
       ``(2) Certification.--Each State or metropolitan planning 
     organization that designates a corridor under subsection (e) 
     or (f) shall certify to the Administrator that the designated 
     corridor meets the requirements of the applicable subsection.
       ``(h) Highway Freight Transportation Conditions and 
     Performance Reports.--Not later than 2 years after the date 
     of enactment of the DRIVE Act and biennially thereafter, the 
     Administrator shall prepare and submit to Congress a report 
     that describes the conditions and performance of the national 
     highway freight network in the United States.
       ``(i) Use of Apportioned Funds.--
       ``(1) In general.--A State shall obligate funds apportioned 
     to the State under section 104(b)(5) to improve the movement 
     of freight on the national highway freight network.
       ``(2) Formula.--The Administrator shall calculate for each 
     State the proportion that--
       ``(A) the total mileage in the State designated as part of 
     the primary highway freight system; bears to
       ``(B) the total mileage of the primary highway freight 
     system in all States.
       ``(3) Use of funds.--
       ``(A) States with high primary highway freight system 
     mileage.--If the proportion of a State under paragraph (2) is 
     greater than or equal to 3 percent, the State may obligate 
     funds apportioned to the State under section 104(b)(5) for 
     projects on--
       ``(i) the primary highway freight system;
       ``(ii) critical rural freight corridors; and
       ``(iii) critical urban freight corridors.
       ``(B) States with low primary highway freight system 
     mileage.--If the proportion of a State under paragraph (2) is 
     less than 3 percent, the State may obligate funds apportioned 
     to the State under section 104(b)(5) for projects on any 
     component of the national highway freight network.
       ``(4) Freight planning.--Notwithstanding any other 
     provision of law, effective beginning 2 years after the date 
     of enactment of the DRIVE Act, a State may not obligate funds 
     apportioned to the State under section 104(b)(5) unless the 
     State has--
       ``(A) established a freight advisory committee in 
     accordance with section 5405 of title 49; and
       ``(B) developed a freight plan in accordance with section 
     5406 of title 49, except that the multimodal component of the 
     plan may be incomplete before an obligation may be made under 
     this section.
       ``(5) Eligibility.--
       ``(A) In general.--Except as provided in this subsection, 
     for a project to be eligible for funding under this section 
     the project shall--
       ``(i) contribute to the efficient movement of freight on 
     the national highway freight network; and
       ``(ii) be consistent with a freight investment plan 
     included in a freight plan of the State that is in effect.
       ``(B) Other projects.--A State may obligate not more than 
     10 percent of the total apportionment of the State under 
     section 104(b)(5) for projects--
       ``(i) within the boundaries of public and private freight 
     rail, water facilities (including ports), and intermodal 
     facilities; and
       ``(ii) that provide surface transportation infrastructure 
     necessary to facilitate direct intermodal interchange, 
     transfer, and access into and out of the facility.
       ``(C) Eligible projects.--Funds apportioned to the State 
     under section 104(b)(5) for the national highway freight 
     program may be obligated to carry out 1 or more of the 
     following:
       ``(i) Development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities.
       ``(ii) Construction, reconstruction, rehabilitation, 
     acquisition of real property (including land relating to the 
     project and improvements to land), construction 
     contingencies, acquisition of equipment, and operational 
     improvements directly relating to improving system 
     performance.
       ``(iii) Intelligent transportation systems and other 
     technology to improve the flow of freight, including 
     intelligent freight transportation systems.
       ``(iv) Efforts to reduce the environmental impacts of 
     freight movement.
       ``(v) Environmental and community mitigation of freight 
     movement.
       ``(vi) Railway-highway grade separation.
       ``(vii) Geometric improvements to interchanges and ramps.

[[Page H7503]]

       ``(viii) Truck-only lanes.
       ``(ix) Climbing and runaway truck lanes.
       ``(x) Adding or widening of shoulders.
       ``(xi) Truck parking facilities eligible for funding under 
     section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-
     141).
       ``(xii) Real-time traffic, truck parking, roadway 
     condition, and multimodal transportation information systems.
       ``(xiii) Electronic screening and credentialing systems for 
     vehicles, including weigh-in-motion truck inspection 
     technologies.
       ``(xiv) Traffic signal optimization, including synchronized 
     and adaptive signals.
       ``(xv) Work zone management and information systems.
       ``(xvi) Highway ramp metering.
       ``(xvii) Electronic cargo and border security technologies 
     that improve truck freight movement.
       ``(xviii) Intelligent transportation systems that would 
     increase truck freight efficiencies inside the boundaries of 
     intermodal facilities.
       ``(xix) Additional road capacity to address highway freight 
     bottlenecks.
       ``(xx) A highway project, other than a project described in 
     clauses (i) through (xix), to improve the flow of freight on 
     the national highway freight network.
       ``(xxi) Any other surface transportation project to improve 
     the flow of freight into and out of a facility described in 
     subparagraph (B).
       ``(6) Other eligible costs.--In addition to the eligible 
     projects identified in paragraph (5), a State may use funds 
     apportioned under section 104(b)(5) for--
       ``(A) carrying out diesel retrofit or alternative fuel 
     projects under section 149 for class 8 vehicles; and
       ``(B) the necessary costs of--
       ``(i) conducting analyses and data collection related to 
     the national highway freight program;
       ``(ii) developing and updating performance targets to carry 
     out this section; and
       ``(iii) reporting to the Administrator to comply with 
     section 150.
       ``(7) Applicability of planning requirements.--Programming 
     and expenditure of funds for projects under this section 
     shall be consistent with the requirements of sections 134 and 
     135.
       ``(j) State Performance Targets.--If the Administrator 
     determines that a State has not met or made significant 
     progress toward meeting the performance targets related to 
     freight movement of the State established under section 
     150(d) by the date that is 2 years after the date of the 
     establishment of the performance targets, until the date on 
     which the Administrator determines that the State has met or 
     has made significant progress towards meeting the performance 
     targets, the State shall submit to the Administrator, on a 
     biennial basis, a freight performance improvement plan that 
     includes--
       ``(1) an identification of significant freight system 
     trends, needs, and issues within the State;
       ``(2) a description of the freight policies and strategies 
     that will guide the freight-related transportation 
     investments of the State;
       ``(3) an inventory of freight bottlenecks within the State 
     and a description of the ways in which the State is 
     allocating the national highway freight program funds to 
     improve those bottlenecks; and
       ``(4) a description of the actions the State will undertake 
     to meet the performance targets of the State.
       ``(k) Study of Multimodal Projects.--Not later than 2 years 
     after the date of enactment of the DRIVE Act, the 
     Administrator shall submit to Congress a report that 
     contains--
       ``(1) a study of freight projects identified in State 
     freight plans under section 5406 of title 49; and
       ``(2) an evaluation of multimodal freight projects included 
     in the State freight plans, or otherwise identified by 
     States, that are subject to the limitation of funding for 
     such projects under this section.
       ``(l) State Freight Advisory Committees.--A State freight 
     advisory committee shall be carried out as described in 
     section 5405 of title 49.
       ``(m) State Freight Plans.--A State freight plan shall be 
     carried out as described in section 5406 of title 49.
       ``(n) Intelligent Freight Transportation System.--
       ``(1) Definition of intelligent freight transportation 
     system.--In this section, the term `intelligent freight 
     transportation system' means--
       ``(A) an innovative or intelligent technological 
     transportation system, infrastructure, or facilities, 
     including electronic roads, driverless trucks, elevated 
     freight transportation facilities, and other intelligent 
     freight transportation systems; and
       ``(B) a communications or information processing system 
     used singly or in combination for dedicated intelligent 
     freight lanes and conveyances that improve the efficiency, 
     security, or safety of freight on the Federal-aid highway 
     system or that operate to convey freight or improve existing 
     freight movements.
       ``(2) Location.--An intelligent freight transportation 
     system shall be located--
       ``(A)(i) along existing Federal-aid highways; or
       ``(ii) in a manner that connects ports-of-entry to existing 
     Federal-aid highways; and
       ``(B) in proximity to, or within, an existing right-of-way 
     on a Federal-aid highway.
       ``(3) Operating standards.--The Administrator of the 
     Federal Highway Administration shall determine the need for 
     establishing operating standards for intelligent freight 
     transportation systems.
       ``(o) Treatment of Freight Projects.--Notwithstanding any 
     other provision of law, a freight project carried out under 
     this section shall be treated as if the project were on a 
     Federal-aid highway.''.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by adding at the end the following:

``167. National highway freight program.''
       (2) Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C. 167 
     note; Public Law 112-141) are repealed.

                           TITLE XLIV--GRANTS

     SEC. 44001. PURPOSE; DEFINITIONS; ADMINISTRATION.

       (a) In General.--The purpose of the grants described in the 
     amendments made by section 44002 is to assist in funding 
     critical high-cost transportation infrastructure projects 
     that--
       (1) are difficult to complete with existing Federal, State, 
     local, and private funds; and
       (2) will achieve 1 or more of--
       (A) generation of national or regional economic benefits 
     and an increase in the global economic competitiveness of the 
     United States;
       (B) reduction of congestion and the impacts of congestion;
       (C) improvement of facilities vital to agriculture, 
     manufacturing, or national energy security;
       (D) improvement of the efficiency, reliability, and 
     affordability of the movement of freight;
       (E) improvement of transportation safety;
       (F) improvement of existing and designated future 
     Interstate System routes; or
       (G) improvement of the movement of people through improving 
     rural connectivity and metropolitan accessibility.
       (b) Definitions.--In this section and for purposes of the 
     grant programs established under the amendments made by 
     section 44002:
       (1) Eligible applicant.--The term ``eligible applicant'' 
     means--
       (A) a State (or a group of States);
       (B) a local government (or a group of local governments);
       (C) a tribal government (or a consortium of tribal 
     governments);
       (D) a transit agency (or a group of transit agencies);
       (E) a special purpose district or a public authority with a 
     transportation function;
       (F) a port authority (or a group of port authorities);
       (G) a political subdivision of a State or local government;
       (H) a Federal land management agency, jointly with the 
     applicable State; or
       (I) a multistate or multijurisdictional group of entities 
     described in subparagraphs (A) through (H).
       (2) Rural area.--The term ``rural area'' means an area that 
     is outside of an urbanized area with a population greater 
     than 150,000 individuals, as determined by the Bureau of the 
     Census.
       (3) Rural state.--The term ``rural State'' means a State 
     that has a population density of 80 or fewer persons per 
     square mile, based on the most recent decennial census.
       (c) Applications.--
       (1) In general.--An eligible applicant shall submit to the 
     Secretary or the Federal Highway Administrator (referred to 
     in this section as the ``Administrator''), as appropriate, an 
     application in such form and containing such information as 
     the Secretary or Administrator, as appropriate, determines 
     necessary, including the total amount of the grant requested.
       (2) Contents.--Each application submitted under this 
     paragraph shall include data on the most recent system 
     performance, to the extent practicable, and estimated system 
     improvements that will result from completion of the eligible 
     project, including projections for improvements 5 and 10 
     years after completion of the project.
       (3) Resubmission of applications.--An eligible applicant 
     whose project is not selected may resubmit an application in 
     a subsequent solicitation with an addendum indicating changes 
     to the project application.
       (d) Accountability Measures.--The Secretary and the 
     Administrator shall establish accountability measures for the 
     management of the grants described in this section--
       (1) to establish clear procedures for addressing late-
     arriving applications;
       (2) to publicly communicate decisions to accept or reject 
     applications; and
       (3) to document major decisions in the application 
     evaluation and project selection process through a decision 
     memorandum or similar mechanism that provides a clear 
     rationale for decisions.
       (e) Geographic Distribution.--In awarding grants, the 
     Secretary or Administrator, as appropriate, shall take 
     measures to ensure, to the maximum extent practicable--
       (1) an equitable geographic distribution of amounts; and
       (2) an appropriate balance in addressing the needs of rural 
     and urban communities.
       (f) Reports.--
       (1) In general.--The Secretary or the Administrator, as 
     appropriate, shall make available on the website of the 
     Department at the end of each fiscal year an annual report 
     that lists each project for which a grant has been provided 
     under this section during that fiscal year.
       (2) Comptroller general.--
       (A) Assessment.--The Comptroller General of the United 
     States shall conduct an assessment of the administrative 
     establishment, solicitation, selection, and justification 
     process with respect to the funding of grants described in 
     this title.
       (B) Report.--Not later than 1 year after the initial 
     awarding of grants described in this section, the Comptroller 
     General of the United States shall submit to the Committee on 
     Environment and Public Works of the Senate, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report that describes--

[[Page H7504]]

       (i) the adequacy and fairness of the process by which each 
     project was selected, if applicable;
       (ii) the justification and criteria used for the selection 
     of each project, if applicable.

     SEC. 44002. GRANTS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 171. Assistance for major projects program

       ``(a) Purpose of Program.--The purpose of the assistance 
     for major projects program shall be the purpose described in 
     section 44001 of the DRIVE Act.
       ``(b) Definitions.--In this section--
       ``(1) the terms defined in section 44001 of the DRIVE Act 
     shall apply; and
       ``(2) the following definitions shall apply:
       ``(A) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Highway Administration.
       ``(B) Eligible project.--
       ``(i) In general.--The term `eligible project' means a 
     surface transportation project, or a program of integrated 
     surface transportation projects closely related in the 
     function the projects perform, that--

       ``(I) is a capital project that is eligible for Federal 
     financial assistance under--

       ``(aa) this title; or
       ``(bb) chapter 53 of title 49; and

       ``(II) except as provided in clause (ii), has eligible 
     project costs that are reasonably anticipated to equal or 
     exceed the lesser of--

       ``(aa) $350,000,000; and
       ``(bb)(AA) for a project located in a single State, 25 
     percent of the amount of Federal-aid highway funds 
     apportioned to the State for the most recently completed 
     fiscal year;
       ``(BB) for a project located in a single rural State with a 
     population density of 80 or fewer persons per square mile 
     based on the most recent decennial census, 10 percent of the 
     amount of Federal-aid highway funds apportioned to the State 
     for the most recently completed fiscal year; or
       ``(CC) for a project located in more than 1 State, 75 
     percent of the amount of Federal-aid highway funds 
     apportioned to the participating State that has the largest 
     apportionment for the most recently completed fiscal year.
       ``(ii) Federal land transportation facility.--In the case 
     of a Federal land transportation facility, the term `eligible 
     project' means a Federal land transportation facility that 
     has eligible project costs that are reasonably anticipated to 
     equal or exceed $150,000,000.
       ``(C) Eligible project costs.--The term `eligible project 
     costs' means the costs of--
       ``(i) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities; and
       ``(ii) construction, reconstruction, rehabilitation, and 
     acquisition of real property (including land related to the 
     project and improvements to land), environmental mitigation, 
     construction contingencies, acquisition of equipment directly 
     related to improving system performance, and operational 
     improvements.
       ``(c) Establishment of Program.--The Administrator shall 
     establish a program in accordance with this section to 
     provide grants for projects that will have a significant 
     impact on a region or the Nation.
       ``(d) Solicitations and Applications.--
       ``(1) Grant solicitations.--The Administrator shall conduct 
     a transparent and competitive national solicitation process 
     to review eligible projects for funding under this section.
       ``(2) Applications.--An eligible applicant shall submit an 
     application to the Administrator in such form as described in 
     and in accordance with section 44001 of the DRIVE Act.
       ``(e) Criteria for Project Evaluation and Selection.--
       ``(1) In general.--The Administrator may select a project 
     for funding under this section only if the Administrator 
     determines that the project--
       ``(A) is consistent with the national goals described in 
     section 150(b);
       ``(B) will significantly improve the performance of the 
     national surface transportation network, nationally or 
     regionally;
       ``(C) is based on the results of preliminary engineering;
       ``(D) is consistent with the long-range statewide 
     transportation plan;
       ``(E) cannot be readily and efficiently completed without 
     Federal financial assistance;
       ``(F) is justified based on the ability of the project to 
     achieve 1 or more of--
       ``(i) generation of national economic benefits that 
     reasonably exceed the costs of the project;
       ``(ii) reduction of long-term congestion, including impacts 
     on a national, regional, and statewide basis;
       ``(iii) an increase in the speed, reliability, and 
     accessibility of the movement of people or freight; or
       ``(iv) improvement of transportation safety, including 
     reducing transportation accident and serious injuries and 
     fatalities; and
       ``(G) is supported by a sufficient amount of non-Federal 
     funding, including evidence of stable and dependable 
     financing to construct, maintain, and operate the 
     infrastructure facility.
       ``(2) Additional considerations.--In evaluating a project 
     under this section, in addition to the criteria described in 
     paragraph (1), the Administrator shall consider the extent to 
     which the project--
       ``(A) leverages Federal investment by encouraging non-
     Federal contributions to the project, including contributions 
     from public-private partnerships;
       ``(B) is able to begin construction by the date that is not 
     later than 18 months after the date on which the project is 
     selected;
       ``(C) incorporates innovative project delivery and 
     financing to the maximum extent practicable;
       ``(D) helps maintain or protect the environment;
       ``(E) improves roadways vital to national energy security;
       ``(F) improves or upgrades designated future Interstate 
     System routes;
       ``(G) uses innovative technologies, including intelligent 
     transportation systems, that enhance the efficiency of the 
     project;
       ``(H) helps to improve mobility and accessibility; and
       ``(I) address the impact of population growth on the 
     movement of people and freight.
       ``(f) Geographic Distribution.--In awarding grants under 
     this section, the Administrator shall take measures as 
     described in section 44001 of the DRIVE Act.
       ``(g) Funding Requirements.--
       ``(1) In general.--Except in the case of projects described 
     in paragraph (2), the amount of a grant under this section 
     shall be at least $50,000,000.
       ``(2) Rural projects.--The amounts made available for a 
     fiscal year under this section for eligible projects located 
     in rural areas or in rural States shall not be--
       ``(A) less than 20 percent of the amount made available for 
     the fiscal year under this section; and
       ``(B) subject to paragraph (1).
       ``(3) Limitation of funds.--Not more than 20 percent of the 
     funds made available for a fiscal year to carry out this 
     section shall be allocated for projects eligible under 
     section 167(i)(5)(B) or chapter 53 of title 49.
       ``(4) State cap.--
       ``(A) In general.--Not more than 20 percent of the funds 
     made available for a fiscal year to carry out this section 
     may be awarded to projects in a single State.
       ``(B) Exception for multistate projects.--For purposes of 
     the limitation described in subparagraph (A), funds awarded 
     for a multistate project shall be considered to be 
     distributed evenly to each State.
       ``(5) TIFIA program.--On the request of an eligible 
     applicant under this section, the Administrator may use 
     amounts awarded to the entity to pay subsidy and 
     administrative costs necessary to provide the entity Federal 
     credit assistance under chapter 6 with respect to the project 
     for which the grant was awarded.
       ``(h) Grant Requirements.--
       ``(1) Applicability of planning requirements.--The 
     programming and expenditure of funds for projects under this 
     section shall be consistent with the requirements of sections 
     134 and 135.
       ``(2) Determination of applicable modal requirements.--If 
     an eligible project that receives a grant under this section 
     has a crossmodal component, the Administrator--
       ``(A) shall determine the predominant modal component of 
     the project; and
       ``(B) may apply the applicable requirements of that 
     predominant modal component to the project.
       ``(i) Report to the Administrator.--For each project funded 
     under this section, the project sponsor shall evaluate system 
     performance and submit to the Administrator a report not 
     later than 5, 10, and 20 years after completion of the 
     project to assess whether the project outcomes have met 
     preconstruction projections.
       ``(j) Administrative Selection.--The Administrator shall 
     award grants to eligible projects in a fiscal year based on 
     the criteria described in subsection (e).
       ``(k) Reports.--
       ``(1) In general.--The Administrator shall provide an 
     annual report as described in section 44001 of the DRIVE Act.
       ``(2) Comptroller general.--The Comptroller General of the 
     United States shall conduct an assessment as described in 
     section 44001 of the DRIVE Act.''.
       (b) Assistance for Freight Projects.--Chapter 54 of 
     subtitle III of title 49, United States Code, as amended by 
     section 42005, is amended by adding after section 5408 the 
     following:

     ``Sec. 5409. Assistance for freight projects

       ``(a) Establishment.--The Secretary shall establish and 
     implement an assistance for freight projects grant program 
     for capital investments in major freight transportation 
     infrastructure projects to improve the movement of goods 
     through the transportation network of the United States.
       ``(b) Criteria for Project Evaluation and Selection.--
       ``(1) In general.--The Secretary may select a project for 
     funding under this section only if the Secretary determines 
     that the project--
       ``(A) is consistent with the goals described in section 
     5402(b);
       ``(B) will significantly improve the national or regional 
     performance of the freight transportation network;
       ``(C) is based on the results of preliminary engineering;
       ``(D) is consistent with the long-range statewide 
     transportation plan;
       ``(E) cannot be readily and efficiently completed without 
     Federal financial assistance;
       ``(F) is justified based on the ability of the project--
       ``(i) to generate national economic benefits that 
     reasonably exceed the costs of the project;
       ``(ii) to reduce long-term congestion, including impacts on 
     a regional and statewide basis; or
       ``(iii) to increase the speed, reliability, and 
     accessibility of the movement of freight; and
       ``(G) is supported by a sufficient amount of non-Federal 
     funding, including evidence of stable and dependable 
     financing to construct, maintain, and operate the 
     infrastructure facility.
       ``(2) Additional considerations.--In evaluating a project 
     under this section, in addition to

[[Page H7505]]

     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 ``November 21, 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 
     ``Surface Transportation Reauthorization and Reform 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 ``Surface Transportation Extension Act of 
     2015'' each place it appears in subsection (b)(2) and 
     inserting ``Surface Transportation Reauthorization and Reform 
     Act of 2015'', and
       (2) by striking ``November 21, 2015'' in subsection (d)(2) 
     and inserting ``October 1, 2021''.
         (c) Leaking Underground Storage Tank Trust Fund.--Section 
     9508(e)(2) of the Internal Revenue Code of 1986 is amended by 
     striking ``November 21, 2015'' and inserting ``October 1, 
     2021''.
         (d) Effective Date.--The amendments made by this section 
     shall take effect on November 21, 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

[[Page H7506]]

       (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 (8) as 
     paragraph (10) and inserting after paragraph (7) the 
     following new paragraphs:
       ``(8) Further transfers to trust fund.--Out of money in the 
     Treasury not otherwise appropriated, there is hereby 
     appropriated--
       ``(A) $25,976,000,000 to the Highway Account (as defined in 
     subsection (e)(5)(B)) in the Highway Trust Fund; and
       ``(B) $9,000,000,000 to the Mass Transit Account in the 
     Highway Trust Fund.
       ``(9) Additional increase in fund balance.--There is hereby 
     transferred to the Highway Account (as defined in subsection 
     (e)(5)(B)) in the Highway Trust Fund amounts appropriated 
     from the Leaking Underground Storage Tank Trust Fund under 
     section 9508(c)(4).''.

     SEC. 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)(9) to the Highway 
     Account (as defined in section 9503(e)(5)(B)) in the Highway 
     Trust Fund.''.
       (b) Conforming Amendment.--Section 9508(c)(1) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``paragraphs (2) and (3)'' and inserting ``paragraphs (2), 
     (3), and (4)''.

                           TITLE LII--OFFSETS

                       Subtitle A--Tax Provisions

     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. 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

[[Page H7507]]

     Internal Revenue Code of 1986 is amended by redesignating 
     subsections (c) through (f) as subsections (d) through (g), 
     respectively, and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Collection of Inactive Tax Receivables.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall enter into one or more qualified tax 
     collection contracts for the collection of all outstanding 
     inactive tax receivables.
       ``(2) Inactive tax receivables.--For purposes of this 
     section--
       ``(A) In general.--The term `inactive tax receivable' means 
     any tax receivable if--
       ``(i) at any time after assessment, the Internal Revenue 
     Service removes such receivable from the active inventory for 
     lack of resources or inability to locate the taxpayer,
       ``(ii) more than \1/3\ of the period of the applicable 
     statute of limitation has lapsed and such receivable has not 
     been assigned for collection to any employee of the Internal 
     Revenue Service, or
       ``(iii) in the case of a receivable which has been assigned 
     for collection, more than 365 days have passed without 
     interaction with the taxpayer or a third party for purposes 
     of furthering the collection of such receivable.
       ``(B) Tax receivable.--The term `tax receivable' means any 
     outstanding assessment which the Internal Revenue Service 
     includes in potentially collectible inventory.''.
       (b) Certain Tax Receivables Not Eligible for Collection 
     Under Qualified Tax Collection Contracts.--Section 6306 of 
     the Internal Revenue Code of 1986, as amended by subsection 
     (a), is amended by redesignating subsections (d) through (g) 
     as subsections (e) through (h), respectively, and by 
     inserting after subsection (c) the following new subsection:
       ``(d) Certain Tax Receivables Not Eligible for Collection 
     Under Qualified Tax Collections Contracts.--A tax receivable 
     shall not be eligible for collection pursuant to a qualified 
     tax collection contract if such receivable--
       ``(1) is subject to a pending or active offer-in-compromise 
     or installment agreement,
       ``(2) is classified as an innocent spouse case,
       ``(3) involves a taxpayer identified by the Secretary as 
     being--
       ``(A) deceased,
       ``(B) under the age of 18,
       ``(C) in a designated combat zone, or
       ``(D) a victim of tax-related identity theft,
       ``(4) is currently under examination, litigation, criminal 
     investigation, or levy, or
       ``(5) is currently subject to a proper exercise of a right 
     of appeal under this title.''.
       (c) Contracting Priority.--Section 6306 of the Internal 
     Revenue Code of 1986, as amended by the preceding provisions 
     of this section, is amended by redesignating subsection (h) 
     as subsection (i) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) Contracting Priority.--In contracting for the 
     services of any person under this section, the Secretary 
     shall utilize private collection contractors and debt 
     collection centers on the schedule required under section 
     3711(g) of title 31, United States Code, including the 
     technology and communications infrastructure established 
     therein, to the extent such private collection contractors 
     and debt collection centers are appropriate to carry out the 
     purposes of this section.''.
       (d) Disclosure of Return Information.--Section 6103(k) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new paragraph:
       ``(11) Qualified tax collection contractors.--Persons 
     providing services pursuant to a qualified tax collection 
     contract under section 6306 may, if speaking to a person who 
     has identified himself or herself as having the name of the 
     taxpayer to which a tax receivable (within the meaning of 
     such section) relates, identify themselves as contractors of 
     the Internal Revenue Service and disclose the business name 
     of the contractor, and the nature, subject, and reason for 
     the contact. Disclosures under this paragraph shall be made 
     only in such situations and under such conditions as have 
     been approved by the Secretary.''.
       (e) Taxpayers Affected by Federally Declared Disasters.--
     Section 6306 of the Internal Revenue Code of 1986, as amended 
     by the preceding provisions of this section, is amended by 
     redesignating subsection (i) as subsection (j) and by 
     inserting after subsection (h) the following new subsection:
       ``(i) Taxpayers in Presidentially Declared Disaster 
     Areas.--The Secretary may prescribe procedures under which a 
     taxpayer determined to be affected by a Federally declared 
     disaster (as defined by section 165(i)(5)) may request--
       ``(1) relief from immediate collection measures by 
     contractors under this section, and
       ``(2) a return of the inactive tax receivable to the 
     inventory of the Internal Revenue Service to be collected by 
     an employee thereof.''.
       (f) Report to Congress.--
       (1) In general.--Section 6306 of the Internal Revenue Code 
     of 1986, as amended by the preceding provisions of this 
     section, is amended by redesignating subsection (j) as 
     subsection (k) and by inserting after subsection (i) the 
     following new subsection:
       ``(j) Report to Congress.--Not later than 90 days after the 
     last day of each fiscal year (beginning with the first such 
     fiscal year ending after the date of the enactment of this 
     subsection), the Secretary shall submit to the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Finance of the Senate a report with respect to 
     qualified tax collection contracts under this section which 
     shall include--
       ``(1) annually, with respect to such fiscal year--
       ``(A) the total number and amount of tax receivables 
     provided to each contractor for collection under this 
     section,
       ``(B) the total amounts collected (and amounts of 
     installment agreements entered into under subsection 
     (b)(1)(B)) with respect to each contractor and the collection 
     costs incurred (directly and indirectly) by the Internal 
     Revenue Service with respect to such amounts,
       ``(C) the impact of such contracts on the total number and 
     amount of unpaid assessments, and on the number and amount of 
     assessments collected by Internal Revenue Service personnel 
     after initial contact by a contractor,
       ``(D) the amount of fees retained by the Secretary under 
     subsection (e) and a description of the use of such funds, 
     and
       ``(E) a disclosure safeguard report in a form similar to 
     that required under section 6103(p)(5), and
       ``(2) biannually (beginning with the second report 
     submitted under this subsection)--
       ``(A) an independent evaluation of contractor performance, 
     and
       ``(B) a measurement plan that includes a comparison of the 
     best practices used by the private collectors to the 
     collection techniques used by the Internal Revenue Service 
     and mechanisms to identify and capture information on 
     successful collection techniques used by the contractors that 
     could be adopted by the Internal Revenue Service.''.
       (2) Repeal of existing reporting requirements with respect 
     to qualified tax collection contracts.--Section 881 of the 
     American Jobs Creation Act of 2004 is amended by striking 
     subsection (e).
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) shall apply to tax receivables identified by the 
     Secretary after the date of the enactment of this Act.
       (2) Contracting priority.--The Secretary shall begin 
     entering into contracts and agreements as described in the 
     amendment made by subsection (c) within 3 months after the 
     date of the enactment of this Act.
       (3) Disclosures.--The amendment made by subsection (d) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (4) Procedures; report to congress.--The amendments made by 
     subsections (e) and (f) shall take effect on the date of the 
     enactment of this Act.

     SEC. 52107. SPECIAL COMPLIANCE PERSONNEL PROGRAM.

       (a) In General.--Subsection (e) of section 6306 of the 
     Internal Revenue Code of 1986, as redesignated by section 
     52106, is amended by striking ``for collection enforcement 
     activities of the Internal Revenue Service'' in paragraph (2) 
     and inserting ``to fund the special compliance personnel 
     program account under section 6307''.
       (b) Special Compliance Personnel Program Account.--
     Subchapter A of chapter 64 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.

       ``(a) Establishment of a Special Compliance Personnel 
     Program Account.--The Secretary shall establish an account 
     within the Department for carrying out a program consisting 
     of the hiring, training, and employment of special compliance 
     personnel, and shall transfer to such account from time to 
     time amounts retained by the Secretary under section 
     6306(e)(2).
       ``(b) Restrictions.--The program described in subsection 
     (a) shall be subject to the following restrictions:
       ``(1) No funds shall be transferred to such account except 
     as described in subsection (a).
       ``(2) No other funds from any other source shall be 
     expended for special compliance personnel employed under such 
     program, and no funds from such account shall be expended for 
     the hiring of any personnel other than special compliance 
     personnel.
       ``(3) Notwithstanding any other authority, the Secretary is 
     prohibited from spending funds out of such account for any 
     purpose other than for costs under such program associated 
     with the employment of special compliance personnel and the 
     retraining and reassignment of current noncollections 
     personnel as special compliance personnel, and to reimburse 
     the Internal Revenue Service or other government agencies for 
     the cost of administering qualified tax collection contracts 
     under section 6306.
       ``(c) Reporting.--Not later than March of each year, the 
     Commissioner of Internal Revenue shall submit a report to the 
     Committees on Finance and Appropriations of the Senate and 
     the Committees on Ways and Means and Appropriations of the 
     House of Representatives consisting of the following:
       ``(1) For the preceding fiscal year, all funds received in 
     the account established under subsection (a), administrative 
     and program costs for the program described in such 
     subsection, the number of special compliance personnel hired 
     and employed under the program, and the amount of revenue 
     actually collected by such personnel.
       ``(2) For the current fiscal year, all actual and estimated 
     funds received or to be received in the account, all actual 
     and estimated administrative and program costs, the number of 
     all actual and estimated special compliance personnel hired 
     and employed under the program, and the actual and estimated 
     revenue actually collected or to be collected by such 
     personnel.
       ``(3) For the following fiscal year, an estimate of all 
     funds to be received in the account, all estimated 
     administrative and program costs, the estimated number of 
     special compliance personnel hired and employed under the 
     program, and the estimated revenue to be collected by such 
     personnel.
       ``(d) Definitions.--For purposes of this section--

[[Page H7508]]

       ``(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.

                     Subtitle B--Fees and Receipts

     SEC. 52202. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN 
                   CUSTOMS SERVICES.

       (a) In General.--Section 13031 of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended 
     by adding at the end the following:
       ``(l) Adjustment of Fees for Inflation.--
       ``(1) In general.--The Secretary of the Treasury shall 
     adjust the fees established under subsection (a), and the 
     limitations on such fees under paragraphs (2), (3), (5), (6), 
     (8), and (9) of subsection (b), on October 1, 2015, and 
     annually thereafter, to reflect the percentage (if any) of 
     the increase in the average of the Consumer Price Index for 
     the preceding 12-month period compared to the Consumer Price 
     Index for fiscal year 2014.
       ``(2) Special rules for calculation of adjustment.--In 
     adjusting under paragraph (1) the amount of the fees 
     established under subsection (a), and the limitations on such 
     fees under paragraphs (2), (3), (5), (6), (8), and (9) of 
     subsection (b), the Secretary--
       ``(A) shall round the amount of any increase in the 
     Consumer Price Index to the nearest dollar; and
       ``(B) may ignore any such increase of less than 1 percent.
       ``(3) Consumer price index defined.--For purposes of this 
     subsection, the term `Consumer Price Index' means the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor.''.
       (b) Deposits Into Customs User Fee Account.--Section 
     13031(f) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(f)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``all fees collected under subsection (a)'' 
     and inserting ``the amount of fees collected under subsection 
     (a) (determined without regard to any adjustment made under 
     subsection (l))''; and
       (2) in paragraph (3)(A), in the matter preceding clause 
     (i)--
       (A) by striking ``fees collected'' and inserting ``amount 
     of fees collected''; and
       (B) by striking ``), each appropriation'' and inserting ``, 
     and determined without regard to any adjustment made under 
     subsection (l)), each appropriation''.
       (c) Conforming Amendments.--Section 13031 of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c), as amended by subsections (a) and (b), is 
     further amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``(subject to adjustment under subsection 
     (l))'' after ``following fees''; and
       (2) in subsection (b)--
       (A) in paragraph (2), by inserting ``(subject to adjustment 
     under subsection (l))'' after ``in fees'';
       (B) in paragraph (3), by inserting ``(subject to adjustment 
     under subsection (l))'' after ``in fees'';
       (C) in paragraph (5)(A), by inserting ``(subject to 
     adjustment under subsection (l))'' after ``in fees'';
       (D) in paragraph (6), by inserting ``(subject to adjustment 
     under subsection (l))'' after ``in fees'';
       (E) in paragraph (8)(A)--
       (i) in clause (i), by inserting ``or (l)'' after 
     ``subsection (a)(9)(B)''; and
       (ii) in clause (ii), by inserting ``(subject to adjustment 
     under subsection (l))'' after ``$3''; and
       (F) in paragraph (9)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting ``and 
     subject to adjustment under subsection (l)'' after ``Tariff 
     Act of 1930''; and
       (II) in clause (ii)(I), by inserting ``(subject to 
     adjustment under subsection (l))'' after ``bill of lading''; 
     and

       (ii) in subparagraph (B)(i), by inserting ``(subject to 
     adjustment under subsection (l))'' after ``bill of lading''.

     SEC. 52203. DIVIDENDS AND SURPLUS FUNDS OF RESERVE BANKS.

       Section 7(a)(1)(A) of the Federal Reserve Act (12 U.S.C. 
     289(a)(1)(A)) is amended by striking ``6 percent'' and 
     inserting ``6 percent (1.5 percent in the case of a 
     stockholder having total consolidated assets of more than 
     $1,000,000,000 (determined as of September 30 of the 
     preceding fiscal year))''.

     SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.

       (a) Drawdown and Sale.--
       (1) In general.--Notwithstanding section 161 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6241), except as 
     provided in subsections (b) and (c), the Secretary of Energy 
     shall drawdown and sell from the Strategic Petroleum 
     Reserve--
       (A) the quantity of barrels of crude oil that the Secretary 
     of Energy determines to be appropriate to maximize the 
     financial return to United States taxpayers for each of 
     fiscal years 2016 and 2017;
       (B) 4,000,000 barrels of crude oil during fiscal year 2018;
       (C) 5,000,000 barrels of crude oil during fiscal year 2019;
       (D) 8,000,000 barrels of crude oil during fiscal year 2020;
       (E) 8,000,000 barrels of crude oil during fiscal year 2021;
       (F) 10,000,000 barrels of crude oil during fiscal year 
     2022;
       (G) 16,000,000 barrels of crude oil during fiscal year 
     2023;
       (H) 25,000,000 barrels of crude oil during fiscal year 
     2024; and
       (I) 25,000,000 barrels of crude oil during fiscal year 
     2025.
       (2) Deposit of amounts received from sale.--Amounts 
     received from a sale under paragraph (1) shall be deposited 
     in the general fund of the Treasury during the fiscal year in 
     which the sale occurs.
       (b) Emergency Protection.--In any 1 fiscal year described 
     in subsection (a)(1), the Secretary of Energy shall not 
     drawdown and sell crude oil under this section in quantities 
     that would result in a Strategic Petroleum Reserve that 
     contains an inventory of petroleum products representing 
     fewer than 90 days of emergency reserves, based on the 
     average daily level of net imports of crude oil and petroleum 
     products in the calendar year preceding that fiscal year.
       (c) Increase; Limitation.--
       (1) Increase.--The Secretary of Energy may increase the 
     drawdown and sales under subparagraphs (A) through (I) of 
     subsection (a)(1) as the Secretary of Energy determines to be 
     appropriate to maximize the financial return to United States 
     taxpayers.
       (2) Limitation.--The Secretary of Energy shall not drawdown 
     or conduct sales of crude oil under this section after the 
     date on which a total of $9,050,000,000 has been deposited in 
     the general fund of the Treasury from sales authorized under 
     this section.

     SEC. 52205. EXTENSION OF ENTERPRISE GUARANTEE FEE.

       Section 1327(f) of the Housing and Community Development 
     Act of 1992 (12 U.S.C. 4547(f)) is amended by striking 
     ``October 1, 2021'' and inserting ``October 1, 2025''.

                          Subtitle C--Outlays

     SEC. 52301. INTEREST ON OVERPAYMENT.

       Section 111 of the Federal Oil and Gas Royalty Management 
     Act of 1982 (30 U.S.C. 1721) is amended--
       (1) by striking subsections (h) and (i);
       (2) by redesignating subsections (j) through (l) as 
     subsections (h) through (j), respectively; and
       (3) in subsection (h) (as so redesignated), by striking the 
     fourth sentence.

                       DIVISION F--MISCELLANEOUS

               TITLE LXI--FEDERAL PERMITTING IMPROVEMENT

     SEC. 61001. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Agency cerpo.--The term ``agency CERPO'' means the 
     chief environmental review and permitting officer of an 
     agency, as designated by the head of the agency under section 
     61002(b)(2)(A)(iii)(I).
       (3) Authorization.--The term ``authorization'' means any 
     license, permit, approval, finding, determination, or other 
     administrative decision issued by an agency that is required 
     or authorized under Federal law in order to site, construct, 
     reconstruct, or commence operations of a covered project, 
     whether administered by a Federal or State agency.
       (4) Cooperating agency.--The term ``cooperating agency'' 
     means any agency with--
       (A) jurisdiction under Federal law; or
       (B) special expertise as described in section 1501.6 of 
     title 40, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act).
       (5) Council.--The term ``Council'' means the Federal 
     Infrastructure Permitting Improvement Steering Council 
     established under section 61002(a).
       (6) Covered project.--
       (A) In general.--The term ``covered project'' means any 
     activity in the United States that requires authorization or 
     environmental review by a Federal agency involving 
     construction of infrastructure for renewable or conventional 
     energy production, electricity transmission, surface 
     transportation, aviation, ports and waterways, water resource 
     projects, broadband, pipelines, manufacturing, or any other 
     sector as determined by a majority vote of the Council that--
       (i)(I) is subject to NEPA;

[[Page H7509]]

       (II) is likely to require a total investment of more than 
     $200,000,000; and
       (III) does not qualify for abbreviated authorization or 
     environmental review processes under any applicable law; or
       (ii) is subject to NEPA and the size and complexity of 
     which, in the opinion of the Council, make the project likely 
     to benefit from enhanced oversight and coordination, 
     including a project likely to require--

       (I) authorization from or environmental review involving 
     more than 2 Federal agencies; or
       (II) the preparation of an environmental impact statement 
     under NEPA.

       (B) Exclusion.--The term ``covered project'' does not 
     include--
       (i) any project subject to section 139 of title 23, United 
     States Code; or
       (ii) any project subject to section 2045 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2348).
       (7) Dashboard.--The term ``Dashboard'' means the Permitting 
     Dashboard required under section 61003(b).
       (8) Environmental assessment.--The term ``environmental 
     assessment'' means a concise public document for which a 
     Federal agency is responsible under section 1508.9 of title 
     40, Code of Federal Regulations (or successor regulations).
       (9) Environmental document.--
       (A) In general.--The term ``environmental document'' means 
     an environmental assessment, finding of no significant 
     impact, notice of intent, environmental impact statement, or 
     record of decision.
       (B) Inclusions.--The term ``environmental document'' 
     includes--
       (i) any document that is a supplement to a document 
     described in subparagraph (A); and
       (ii) a document prepared pursuant to a court order.
       (10) Environmental impact statement.--The term 
     ``environmental impact statement'' means the detailed written 
     statement required under section 102(2)(C) of NEPA.
       (11) Environmental review.--The term ``environmental 
     review'' means the agency procedures and processes for 
     applying a categorical exclusion or for preparing an 
     environmental assessment, an environmental impact statement, 
     or other document required under NEPA.
       (12) Executive director.--The term ``Executive Director'' 
     means the Executive Director appointed by the President under 
     section 61002(b)(1)(A).
       (13) Facilitating agency.--The term ``facilitating agency'' 
     means the agency that receives the initial notification from 
     the project sponsor required under section 61003(a).
       (14) Inventory.--The term ``inventory'' means the inventory 
     of covered projects established by the Executive Director 
     under section 61002(c)(1)(A).
       (15) Lead agency.--The term ``lead agency'' means the 
     agency with principal responsibility for an environmental 
     review of a covered project under NEPA and parts 1500 through 
     1508 of title 40, Code of Federal Regulations (or successor 
     regulations).
       (16) NEPA.--The term ``NEPA'' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (17) Participating agency.--The term ``participating 
     agency'' means an agency participating in an environmental 
     review or authorization for a covered project in accordance 
     with section 61003.
       (18) Project sponsor.--The term ``project sponsor'' means 
     an entity, including any private, public, or public-private 
     entity, seeking an authorization for a covered project.

     SEC. 61002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.

       (a) Establishment.--There is established the Federal 
     Permitting Improvement Steering Council.
       (b) Composition.--
       (1) Chair.--The Executive Director shall--
       (A) be appointed by the President; and
       (B) serve as Chair of the Council.
       (2) Council members.--
       (A) In general.--
       (i) Designation by head of agency.--Each individual listed 
     in subparagraph (B) shall designate a member of the agency in 
     which the individual serves to serve on the Council.
       (ii) Qualifications.--A councilmember described in clause 
     (i) shall hold a position in the agency of deputy secretary 
     (or the equivalent) or higher.
       (iii) Support.--

       (I) In general.--Consistent with guidance provided by the 
     Director of the Office of Management and Budget, each 
     individual listed in subparagraph (B) shall designate 1 or 
     more appropriate members of the agency in which the 
     individual serves to serve as an agency CERPO.
       (II) Reporting.--In carrying out the duties of the agency 
     CERPO under this title, an agency CERPO shall report directly 
     to a deputy secretary (or the equivalent) or higher.

       (B) Heads of agencies.--The individuals that shall each 
     designate a councilmember under this subparagraph are as 
     follows:
       (i) The Secretary of Agriculture.
       (ii) The Secretary of the Army.
       (iii) The Secretary of Commerce.
       (iv) The Secretary of the Interior.
       (v) The Secretary of Energy.
       (vi) The Secretary of Transportation.
       (vii) The Secretary of Defense.
       (viii) The Administrator of the Environmental Protection 
     Agency.
       (ix) The Chairman of the Federal Energy Regulatory 
     Commission.
       (x) The Chairman of the Nuclear Regulatory Commission.
       (xi) The Secretary of Homeland Security.
       (xii) The Secretary of Housing and Urban Development.
       (xiii) The Chairman of the Advisory Council on Historic 
     Preservation.
       (xiv) Any other head of a Federal agency that the Executive 
     Director may invite to participate as a member of the 
     Council.
       (3) Additional members.--In addition to the members listed 
     in paragraphs (1) and (2), the Chairman of the Council on 
     Environmental Quality and the Director of the Office of 
     Management and Budget shall also be members of the Council.
       (c) Duties.--
       (1) Executive director.--
       (A) Inventory development.--The Executive Director, in 
     consultation with the Council, shall--
       (i) not later than 180 days after the date of enactment of 
     this Act, establish an inventory of covered projects that are 
     pending the environmental review or authorization of the head 
     of any Federal agency;
       (ii)(I) categorize the projects in the inventory as 
     appropriate, based on sector and project type; and
       (II) for each category, identify the types of environmental 
     reviews and authorizations most commonly involved; and
       (iii) add a covered project to the inventory after 
     receiving a notice described in section 61003(a)(1).
       (B) Facilitating agency designation.--The Executive 
     Director, in consultation with the Council, shall--
       (i) designate a facilitating agency for each category of 
     covered projects described in subparagraph (A)(ii); and
       (ii) publish the list of designated facilitating agencies 
     for each category of projects in the inventory on the 
     Dashboard in an easily accessible format.
       (C) Performance schedules.--
       (i) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Executive Director, in 
     consultation with the Council, shall develop recommended 
     performance schedules, including intermediate and final 
     completion dates, for environmental reviews and 
     authorizations most commonly required for each category of 
     covered projects described in subparagraph (A)(ii).
       (ii) Requirements.--

       (I) In general.--The performance schedules shall reflect 
     employment of the use of the most efficient applicable 
     processes.
       (II) Limit.--

       (aa) In general.--The final completion dates in any 
     performance schedule for the completion of an environmental 
     review or authorization under clause (i) shall not exceed the 
     average time to complete an environmental review or 
     authorization for a project within that category.
       (bb) Calculation of average time.--The average time 
     referred to in item (aa) shall be calculated on the basis of 
     data from the preceding 2 calendar years and shall run from 
     the period beginning on the date on which the Executive 
     Director must make a specific entry for the project on the 
     Dashboard under section 61003(b)(2) (except that, for 
     projects initiated before that duty takes effect, the period 
     beginning on the date of filing of a completed application), 
     and ending on the date of the issuance of a record of 
     decision or other final agency action on the review or 
     authorization.
       (cc) Completion date.--Each performance schedule shall 
     specify that any decision by an agency on an environmental 
     review or authorization must be issued not later than 180 
     days after the date on which all information needed to 
     complete the review or authorization (including any hearing 
     that an agency holds on the matter) is in the possession of 
     the agency.
       (iii) Review and revision.--Not later than 2 years after 
     the date on which the performance schedules are established 
     under this subparagraph, and not less frequently than once 
     every 2 years thereafter, the Executive Director, in 
     consultation with the Council, shall review and revise the 
     performance schedules.
       (D) Guidance.--The Executive Director, in consultation with 
     the Council, may recommend to the Director of the Office of 
     Management and Budget or to the Council on Environmental 
     Quality, as appropriate, that guidance be issued as necessary 
     for agencies--
       (i) to carry out responsibilities under this title; and
       (ii) to effectuate the adoption by agencies of the best 
     practices and recommendations of the Council described in 
     paragraph (2).
       (2) Council.--
       (A) Recommendations.--
       (i) In general.--The Council shall make recommendations to 
     the Executive Director with respect to the designations under 
     paragraph (1)(B) and the performance schedules under 
     paragraph (1)(C).
       (ii) Update.--The Council may update the recommendations 
     described in clause (i).
       (B) Best practices.--Not later than 1 year after the date 
     of enactment of this Act, and not less frequently than 
     annually thereafter, the Council shall issue recommendations 
     on the best practices for--
       (i) enhancing early stakeholder engagement, including fully 
     considering and, as appropriate, incorporating 
     recommendations provided in public comments on any proposed 
     covered project;
       (ii) ensuring timely decisions regarding environmental 
     reviews and authorizations, including through the development 
     of performance metrics;
       (iii) improving coordination between Federal and non-
     Federal governmental entities, including through the 
     development of common data standards and terminology across 
     agencies;
       (iv) increasing transparency;
       (v) reducing information collection requirements and other 
     administrative burdens on agencies, project sponsors, and 
     other interested parties;
       (vi) developing and making available to applicants 
     appropriate geographic information systems and other tools;

[[Page H7510]]

       (vii) creating and distributing training materials useful 
     to Federal, State, tribal, and local permitting officials; 
     and
       (viii) addressing other aspects of infrastructure 
     permitting, as determined by the Council.
       (3) Agency cerpos.--An agency CERPO shall--
       (A) advise the respective agency councilmember on matters 
     related to environmental reviews and authorizations;
       (B) provide technical support, when requested to facilitate 
     efficient and timely processes for environmental reviews and 
     authorizations for covered projects under the jurisdictional 
     responsibility of the agency, including supporting timely 
     identification and resolution of potential disputes within 
     the agency or between the agency and other Federal agencies;
       (C) analyze agency environmental review and authorization 
     processes, policies, and authorities and make recommendations 
     to the respective agency councilmember for ways to 
     standardize, simplify, and improve the efficiency of the 
     processes, policies, and authorities, including by 
     implementing guidance issued under paragraph (1)(D) and other 
     best practices, including the use of information technology 
     and geographic information system tools within the agency and 
     across agencies, to the extent consistent with existing law; 
     and
       (D) review and develop training programs for agency staff 
     that support and conduct environmental reviews or 
     authorizations.
       (d) Administrative Support.--The Director of the Office of 
     Management and Budget shall designate a Federal agency, other 
     than an agency that carries out or provides support for 
     projects that are not covered projects, to provide 
     administrative support for the Executive Director, and the 
     designated agency shall, as reasonably necessary, provide 
     support and staff to enable the Executive Director to fulfill 
     the duties of the Executive Director under this title.

     SEC. 61003. PERMITTING PROCESS IMPROVEMENT.

       (a) Project Initiation and Designation of Participating 
     Agencies.--
       (1) Notice.--
       (A) In general.--A project sponsor of a covered project 
     shall submit to the Executive Director and the facilitating 
     agency notice of the initiation of a proposed covered 
     project.
       (B) Default designation.--If, at the time of submission of 
     the notice under subparagraph (A), the Executive Director has 
     not designated a facilitating agency under section 
     61002(c)(1)(B) for the categories of projects noticed, the 
     agency that receives the notice under subparagraph (A) shall 
     be designated as the facilitating agency.
       (C) Contents.--Each notice described in subparagraph (A) 
     shall include--
       (i) a statement of the purposes and objectives of the 
     proposed project;
       (ii) a concise description, including the general location 
     of the proposed project and a summary of geospatial 
     information, if available, illustrating the project area and 
     the locations, if any, of environmental, cultural, and 
     historic resources;
       (iii) a statement regarding the technical and financial 
     ability of the project sponsor to construct the proposed 
     project;
       (iv) a statement of any Federal financing, environmental 
     reviews, and authorizations anticipated to be required to 
     complete the proposed project; and
       (v) an assessment that the proposed project meets the 
     definition of a covered project under section 61001 and a 
     statement of reasons supporting the assessment.
       (2) Invitation.--
       (A) In general.--Not later than 45 days after the date on 
     which the Executive Director must make a specific entry for 
     the project on the Dashboard under subsection (b)(2)(A), the 
     facilitating agency or lead agency, as applicable, shall--
       (i) identify all Federal and non-Federal agencies and 
     governmental entities likely to have financing, environmental 
     review, authorization, or other responsibilities with respect 
     to the proposed project; and
       (ii) invite all Federal agencies identified under clause 
     (i) to become a participating agency or a cooperating agency, 
     as appropriate, in the environmental review and authorization 
     management process described in section 61005.
       (B) Deadlines.--Each invitation made under subparagraph (A) 
     shall include a deadline for a response to be submitted to 
     the facilitating or lead agency, as applicable.
       (3) Participating and cooperating agencies.--
       (A) In general.--An agency invited under paragraph (2) 
     shall be designated as a participating or cooperating agency 
     for a covered project, unless the agency informs the 
     facilitating or lead agency, as applicable, in writing before 
     the deadline under paragraph (2)(B) that the agency--
       (i) has no jurisdiction or authority with respect to the 
     proposed project; or
       (ii) does not intend to exercise authority related to, or 
     submit comments on, the proposed project.
       (B) Changed circumstances.--On request and a showing of 
     changed circumstances, the Executive Director may designate 
     an agency that has opted out under subparagraph (A)(ii) to be 
     a participating or cooperating agency, as appropriate.
       (4) Effect of designation.--The designation described in 
     paragraph (3) shall not--
       (A) give the participating agency authority or jurisdiction 
     over the covered project; or
       (B) expand any jurisdiction or authority a cooperating 
     agency may have over the proposed project.
       (5) Lead agency designation.--
       (A) In general.--On establishment of the lead agency, the 
     lead agency shall assume the responsibilities of the 
     facilitating agency under this title.
       (B) Redesignation of facilitating agency.--If the lead 
     agency assumes the responsibilities of the facilitating 
     agency under subparagraph (A), the facilitating agency may be 
     designated as a cooperative or participating agency.
       (6) Change of facilitating or lead agency.--
       (A) In general.--On the request of a participating agency 
     or project sponsor, the Executive Director may designate a 
     different agency as the facilitating or lead agency, as 
     applicable, for a covered project, if the facilitating or 
     lead agency or the Executive Director receives new 
     information regarding the scope or nature of a covered 
     project that indicates that the project should be placed in a 
     different category under section 61002(c)(1)(B).
       (B) Resolution of dispute.--The Executive Director shall 
     resolve any dispute over designation of a facilitating or 
     lead agency for a particular covered project.
       (b) Permitting Dashboard.--
       (1) Requirement to maintain.--
       (A) In general.--The Executive Director, in coordination 
     with the Administrator of General Services, shall maintain an 
     online database to be known as the ``Permitting Dashboard'' 
     to track the status of Federal environmental reviews and 
     authorizations for any covered project in the inventory 
     described in section 61002(c)(1)(A).
       (B) Specific and searchable entry.--The Dashboard shall 
     include a specific and searchable entry for each covered 
     project.
       (2) Additions.--
       (A) In general.--
       (i) Existing projects.--Not later than 14 days after the 
     date on which the Executive Director adds a project to the 
     inventory under section 61002(c)(1)(A), the Executive 
     Director shall create a specific entry on the Dashboard for 
     the covered project.
       (ii) New projects.--Not later than 14 days after the date 
     on which the Executive Director receives a notice under 
     subsection (a)(1), the Executive Director shall create a 
     specific entry on the Dashboard for the covered project, 
     unless the Executive Director, facilitating agency, or lead 
     agency, as applicable, determines that the project is not a 
     covered project.
       (B) Explanation.--If the facilitating agency or lead 
     agency, as applicable, determines that the project is not a 
     covered project, the project sponsor may submit a further 
     explanation as to why the project is a covered project not 
     later than 14 days after the date of the determination under 
     subparagraph (A).
       (C) Final determination.--Not later than 14 days after 
     receiving an explanation described in subparagraph (B), the 
     Executive Director shall--
       (i) make a final and conclusive determination as to whether 
     the project is a covered project; and
       (ii) if the Executive Director determines that the project 
     is a covered project, create a specific entry on the 
     Dashboard for the covered project.
       (3) Postings by agencies.--
       (A) In general.--For each covered project added to the 
     Dashboard under paragraph (2), the facilitating or lead 
     agency, as applicable, and each cooperating and participating 
     agency shall post to the Dashboard--
       (i) a hyperlink that directs to a website that contains, to 
     the extent consistent with applicable law--

       (I) the notification submitted under subsection (a)(1);
       (II)(aa) where practicable, the application and supporting 
     documents, if applicable, that have been submitted by a 
     project sponsor for any required environmental review or 
     authorization; or
       (bb) a notice explaining how the public may obtain access 
     to such documents;
       (III) a description of any Federal agency action taken or 
     decision made that materially affects the status of a covered 
     project;
       (IV) any significant document that supports the action or 
     decision described in subclause (III); and
       (V) a description of the status of any litigation to which 
     the agency is a party that is directly related to the 
     project, including, if practicable, any judicial document 
     made available on an electronic docket maintained by a 
     Federal, State, or local court; and

       (ii) any document described in clause (i) that is not 
     available by hyperlink on another website.
       (B) Deadline.--The information described in subparagraph 
     (A) shall be posted to the website made available by 
     hyperlink on the Dashboard not later than 5 business days 
     after the date on which the Federal agency receives the 
     information.
       (4) Postings by the executive director.--The Executive 
     Director shall publish to the Dashboard--
       (A) the permitting timetable established under subparagraph 
     (A) or (C) of subsection (c)(2);
       (B) the status of the compliance of each agency with the 
     permitting timetable;
       (C) any modifications of the permitting timetable;
       (D) an explanation of each modification described in 
     subparagraph (C); and
       (E) any memorandum of understanding established under 
     subsection (c)(3)(B).
       (c) Coordination and Timetables.--
       (1) Coordinated project plan.--
       (A) In general.--Not later than 60 days after the date on 
     which the Executive Director must make a specific entry for 
     the project on the Dashboard under subsection (b)(2)(A), the 
     facilitating or lead agency, as applicable, in consultation 
     with each coordinating and participating agency, shall 
     establish a concise plan for coordinating public and agency 
     participation in, and completion of, any required Federal 
     environmental review and authorization for the project.

[[Page H7511]]

       (B) Required information.--The Coordinated Project Plan 
     shall include the following information and be updated by the 
     facilitating or lead agency, as applicable, at least once per 
     quarter:
       (i) A list of, and roles and responsibilities for, all 
     entities with environmental review or authorization 
     responsibility for the project.
       (ii) A permitting timetable, as described in paragraph (2), 
     setting forth a comprehensive schedule of dates by which all 
     environmental reviews and authorizations, and to the maximum 
     extent practicable, State permits, reviews and approvals must 
     be made.
       (iii) A discussion of potential avoidance, minimization, 
     and mitigation strategies, if required by applicable law and 
     known.
       (iv) Plans and a schedule for public and tribal outreach 
     and coordination, to the extent required by applicable law.
       (C) Memorandum of understanding.--The coordinated project 
     plan described in subparagraph (A) may be incorporated into a 
     memorandum of understanding.
       (2) Permitting timetable.--
       (A) Establishment.--
       (i) In general.--As part of the coordination project plan 
     under paragraph (1), the facilitating or lead agency, as 
     applicable, in consultation with each cooperating and 
     participating agency, the project sponsor, and any State in 
     which the project is located, shall establish a permitting 
     timetable that includes intermediate and final completion 
     dates for action by each participating agency on any Federal 
     environmental review or authorization required for the 
     project.
       (ii) Consensus.--In establishing a permitting timetable 
     under clause (i), each agency shall, to the maximum extent 
     practicable, make efforts to reach a consensus.
       (B) Factors for consideration.--In establishing the 
     permitting timetable under subparagraph (A), the facilitating 
     or lead agency shall follow the performance schedules 
     established under section 61002(c)(1)(C), but may vary the 
     timetable based on relevant factors, including--
       (i) the size and complexity of the covered project;
       (ii) the resources available to each participating agency;
       (iii) the regional or national economic significance of the 
     project;
       (iv) the sensitivity of the natural or historic resources 
     that may be affected by the project;
       (v) the financing plan for the project; and
       (vi) the extent to which similar projects in geographic 
     proximity to the project were recently subject to 
     environmental review or similar procedures under State law.
       (C) Dispute resolution.--
       (i) In general.--The Executive Director, in consultation 
     with appropriate agency CERPOs and the project sponsor, 
     shall, as necessary, mediate any disputes regarding the 
     permitting timetable established under subparagraph (A).
       (ii) Disputes.--If a dispute remains unresolved 30 days 
     after the date on which the dispute was submitted to the 
     Executive Director, the Director of the Office of Management 
     and Budget, in consultation with the Chairman of the Council 
     on Environmental Quality, shall facilitate a resolution of 
     the dispute and direct the agencies party to the dispute to 
     resolve the dispute by the end of the 60-day period beginning 
     on the date of submission of the dispute to the Executive 
     Director.
       (iii) Final resolution.--Any action taken by the Director 
     of the Office of Management and Budget in the resolution of a 
     dispute under clause (ii) shall--

       (I) be final and conclusive; and
       (II) not be subject to judicial review.

       (D) Modification after approval.--
       (i) In general.--The facilitating or lead agency, as 
     applicable, may modify a permitting timetable established 
     under subparagraph (A) only if--

       (I) the facilitating or lead agency, as applicable, and the 
     affected cooperating agencies, after consultation with the 
     participating agencies, agree to a different completion date; 
     and
       (II) the facilitating agency or lead agency, as applicable, 
     or the affected cooperating agency provides a written 
     justification for the modification.

       (ii) Completion date.--A completion date in the permitting 
     timetable may not be modified within 30 days of the 
     completion date.
       (E) Consistency with other time periods.--A permitting 
     timetable established under subparagraph (A) shall be 
     consistent with any other relevant time periods established 
     under Federal law and shall not prevent any cooperating or 
     participating agency from discharging any obligation under 
     Federal law in connection with the project.
       (F) Conforming to permitting timetables.--
       (i) In general.--Each Federal agency shall conform to the 
     completion dates set forth in the permitting timetable 
     established under subparagraph (A), or with any completion 
     date modified under subparagraph (D).
       (ii) Failure to conform.--If a Federal agency fails to 
     conform with a completion date for agency action on a covered 
     project or is at significant risk of failing to conform with 
     such a completion date, the agency shall--

       (I) promptly submit to the Executive Director for 
     publication on the Dashboard an explanation of the specific 
     reasons for failing or significantly risking failing to 
     conform to the completion date and a proposal for an 
     alternative completion date;
       (II) in consultation with the facilitating or lead agency, 
     as applicable, establish an alternative completion date; and
       (III) each month thereafter until the agency has taken 
     final action on the delayed authorization or review, submit 
     to the Executive Director for posting on the Dashboard a 
     status report describing any agency activity related to the 
     project.

       (G) Abandonment of covered project.--
       (i) In general.--If the facilitating or lead agency, as 
     applicable, has a reasonable basis to doubt the continuing 
     technical or financial ability of the project sponsor to 
     construct the covered project, the facilitating or lead 
     agency may request the project sponsor provide an updated 
     statement regarding the ability of the project sponsor to 
     complete the project.
       (ii) Failure to respond.--If the project sponsor fails to 
     respond to a request described in clause (i) by the date that 
     is 30 days after receiving the request, the lead or 
     facilitating agency, as applicable, shall notify the 
     Executive Director, who shall publish an appropriate notice 
     on the Dashboard.
       (iii) Publication to dashboard.--On publication of a notice 
     under clause (ii), the completion dates in the permitting 
     timetable shall be tolled and agencies shall be relieved of 
     the obligation to comply with subparagraph (F) until such 
     time as the project sponsor submits to the facilitating or 
     lead agency, as applicable, an updated statement regarding 
     the technical and financial ability of the project sponsor to 
     construct the project.
       (3) Cooperating state, local, or tribal governments.--
       (A) State authority.--If the Federal environmental review 
     is being implemented within the boundaries of a State, the 
     State, consistent with State law, may choose to participate 
     in the environmental review and authorization process under 
     this subsection and to make subject to the process all State 
     agencies that--
       (i) have jurisdiction over the covered project;
       (ii) are required to conduct or issue a review, analysis, 
     opinion, or statement for the covered project; or
       (iii) are required to make a determination on issuing a 
     permit, license, or other approval or decision for the 
     covered project.
       (B) Coordination.--To the maximum extent practicable under 
     applicable law, the facilitating or lead agency, as 
     applicable, shall coordinate the Federal environmental review 
     and authorization processes under this subsection with any 
     State, local, or tribal agency responsible for conducting any 
     separate review or authorization of the covered project to 
     ensure timely and efficient completion of environmental 
     reviews and authorizations.
       (C) Memorandum of understanding.--
       (i) In general.--Any coordination plan between the 
     facilitating or lead agency, as applicable, and any State, 
     local, or tribal agency shall, to the maximum extent 
     practicable, be included in a memorandum of understanding.
       (ii) Submission to executive director.--The facilitating or 
     lead agency, as applicable, shall submit to the Executive 
     Director each memorandum of understanding described in clause 
     (i).
       (d) Early Consultation.--The facilitating or lead agency, 
     as applicable, shall provide an expeditious process for 
     project sponsors to confer with each cooperating and 
     participating agency involved and, not later than 60 days 
     after the date on which the project sponsor submits a request 
     under this subsection, to have each such agency provide to 
     the project sponsor information concerning--
       (1) the availability of information and tools, including 
     pre-application toolkits, to facilitate early planning 
     efforts;
       (2) key issues of concern to each agency and to the public; 
     and
       (3) issues that must be addressed before an environmental 
     review or authorization can be completed.
       (e) Cooperating Agency.--
       (1) In general.--A lead agency may designate a 
     participating agency as a cooperating agency in accordance 
     with part 1501 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (2) Effect on other designation.--The designation described 
     in paragraph (1) shall not affect any designation under 
     subsection (a)(3).
       (3) Limitation on designation.--Any agency not designated 
     as a participating agency under subsection (a)(3) shall not 
     be designated as a cooperating agency under paragraph (1).
       (f) Reporting Status of Other Projects on Dashboard.--
       (1) In general.--On request of the Executive Director, the 
     Secretary and the Secretary of the Army shall use best 
     efforts to provide information for inclusion on the Dashboard 
     on projects subject to section 139 of title 23, United States 
     Code, and section 2045 of the Water Resources Development Act 
     of 2007 (33 U.S.C. 2348) likely to require--
       (A) a total investment of more than $200,000,000; and
       (B) an environmental impact statement under NEPA.
       (2) Effect of inclusion on dashboard.--Inclusion on the 
     Dashboard of information regarding projects subject to 
     section 139 of title 23, United States Code, or section 2045 
     of the Water Resources Development Act of 2007 (33 U.S.C. 
     2348) shall not subject those projects to any requirements of 
     this title.

     SEC. 61004. INTERSTATE COMPACTS.

       (a) In General.--The consent of Congress is given for 3 or 
     more contiguous States to enter into an interstate compact 
     establishing regional infrastructure development agencies to 
     facilitate authorization and review of covered projects, 
     under State law or in the exercise of delegated permitting 
     authority described under section 61006, that will advance 
     infrastructure development, production, and generation within 
     the States that are parties to the compact.
       (b) Regional Infrastructure.--For the purpose of this 
     title, a regional infrastructure development agency referred 
     to in subsection (a) shall have the same authorities and 
     responsibilities of a State agency.

[[Page H7512]]

  


     SEC. 61005. COORDINATION OF REQUIRED REVIEWS.

       (a) Concurrent Reviews.--To integrate environmental reviews 
     and authorizations, each agency shall, to the maximum extent 
     practicable--
       (1) carry out the obligations of the agency with respect to 
     a covered project under any other applicable law 
     concurrently, and in conjunction with, other environmental 
     reviews and authorizations being conducted by other 
     cooperating or participating agencies, including 
     environmental reviews and authorizations required under NEPA, 
     unless the agency determines that doing so would impair the 
     ability of the agency to carry out the statutory obligations 
     of the agency; and
       (2) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       (b) Adoption, Incorporation by Reference, and Use of 
     Documents.--
       (1) State environmental documents; supplemental 
     documents.--
       (A) Use of existing documents.--
       (i) In general.--On the request of a project sponsor, a 
     lead agency shall consider and, as appropriate, adopt or 
     incorporate by reference, the analysis and documentation that 
     has been prepared for a covered project under State laws and 
     procedures as the documentation, or part of the 
     documentation, required to complete an environmental review 
     for the covered project, if the analysis and documentation 
     were, as determined by the lead agency in consultation with 
     the Council on Environmental Quality, prepared under 
     circumstances that allowed for opportunities for public 
     participation and consideration of alternatives and 
     environmental consequences that are substantially equivalent 
     to what would have been available had the documents and 
     analysis been prepared by a Federal agency pursuant to NEPA.
       (ii) Guidance by ceq.--The Council on Environmental Quality 
     may issue guidance to carry out this subsection.
       (B) NEPA obligations.--An environmental document adopted 
     under subparagraph (A) or a document that includes 
     documentation incorporated under subparagraph (A) may serve 
     as the documentation required for an environmental review or 
     a supplemental environmental review required to be prepared 
     by a lead agency under NEPA.
       (C) Supplementation of state documents.--If the lead agency 
     adopts or incorporates analysis and documentation described 
     in subparagraph (A), the lead agency shall prepare and 
     publish a supplemental document if the lead agency determines 
     that during the period after preparation of the analysis and 
     documentation and before the adoption or incorporation--
       (i) a significant change has been made to the covered 
     project that is relevant for purposes of environmental review 
     of the project; or
       (ii) there has been a significant circumstance or new 
     information has emerged that is relevant to the environmental 
     review for the covered project.
       (D) Comments.--If a lead agency prepares and publishes a 
     supplemental document under subparagraph (C), the lead agency 
     shall solicit comments from other agencies and the public on 
     the supplemental document for a period of not more than 45 
     days, beginning on the date on which the supplemental 
     document is published, unless--
       (i) the lead agency, the project sponsor, and any 
     cooperating agency agree to a longer deadline; or
       (ii) the lead agency extends the deadline for good cause.
       (E) Notice of outcome of environmental review.--A lead 
     agency shall issue a record of decision or finding of no 
     significant impact, as appropriate, based on the document 
     adopted under subparagraph (A) and any supplemental document 
     prepared under subparagraph (C).
       (c) Alternatives Analysis.--
       (1) Participation.--As early as practicable during the 
     environmental review, but not later than the commencement of 
     scoping for a project requiring the preparation of an 
     environmental impact statement, the lead agency, in 
     consultation with each cooperating agency, shall determine 
     the range of reasonable alternatives to be considered for a 
     covered project.
       (2) Range of alternatives.--
       (A) In general.--Following participation under paragraph 
     (1) and subject to subparagraph (B), the lead agency shall 
     determine the range of reasonable alternatives for 
     consideration in any document that the lead agency is 
     responsible for preparing for the covered project.
       (B) Alternatives required by law.--In determining the range 
     of alternatives under subparagraph (A), the lead agency shall 
     include all alternatives required to be considered by law.
       (3) Methodologies.--
       (A) In general.--The lead agency shall determine, in 
     collaboration with each cooperating agency at appropriate 
     times during the environmental review, the methodologies to 
     be used and the level of detail required in the analysis of 
     each alternative for a covered project.
       (B) Environmental review.--A cooperating agency shall use 
     the methodologies referred to in subparagraph (A) when 
     conducting any required environmental review, to the extent 
     consistent with existing law.
       (4) Preferred alternative.--With the concurrence of the 
     cooperating agencies with jurisdiction under Federal law and 
     at the discretion of the lead agency, the preferred 
     alternative for a project, after being identified, may be 
     developed to a higher level of detail than other alternatives 
     to facilitate the development of mitigation measures or 
     concurrent compliance with other applicable laws if the lead 
     agency determines that the development of the higher level of 
     detail will not prevent--
       (A) the lead agency from making an impartial decision as to 
     whether to accept another alternative that is being 
     considered in the environmental review; and
       (B) the public from commenting on the preferred and other 
     alternatives.
       (d) Environmental Review Comments.--
       (1) Comments on draft environmental impact statement.--For 
     comments by an agency or the public on a draft environmental 
     impact statement, the lead agency shall establish a comment 
     period of not less than 45 days and not more than 60 days 
     after the date on which a notice announcing availability of 
     the environmental impact statement is published in the 
     Federal Register, unless--
       (A) the lead agency, the project sponsor, and any 
     cooperating agency agree to a longer deadline; or
       (B) the lead agency, in consultation with each cooperating 
     agency, extends the deadline for good cause.
       (2) Other review and comment periods.--For all other review 
     or comment periods in the environmental review process 
     described in parts 1500 through 1508 of title 40, Code of 
     Federal Regulations (or successor regulations), the lead 
     agency shall establish a comment period of not more than 45 
     days after the date on which the materials on which comment 
     is requested are made available, unless--
       (A) the lead agency, the project sponsor, and any 
     cooperating agency agree to a longer deadline; or
       (B) the lead agency extends the deadline for good cause.
       (e) Issue Identification and Resolution.--
       (1) Cooperation.--The lead agency and each cooperating and 
     participating agency shall work cooperatively in accordance 
     with this section to identify and resolve issues that could 
     delay completion of an environmental review or an 
     authorization required for the project under applicable law 
     or result in the denial of any approval under applicable law.
       (2) Lead agency responsibilities.--
       (A) In general.--The lead agency shall make information 
     available to each cooperating and participating agency and 
     project sponsor as early as practicable in the environmental 
     review regarding the environmental, historic, and 
     socioeconomic resources located within the project area and 
     the general locations of the alternatives under 
     consideration.
       (B) Sources of information.--The information described in 
     subparagraph (A) may be based on existing data sources, 
     including geographic information systems mapping.
       (3) Cooperating and participating agency 
     responsibilities.--Each cooperating and participating agency 
     shall--
       (A) identify, as early as practicable, any issues of 
     concern regarding any potential environmental impacts of the 
     covered project, including any issues that could 
     substantially delay or prevent an agency from completing any 
     environmental review or authorization required for the 
     project; and
       (B) communicate any issues described in subparagraph (A) to 
     the project sponsor.
       (f) Categories of Projects.--The authorities granted under 
     this section may be exercised for an individual covered 
     project or a category of covered projects.

     SEC. 61006. DELEGATED STATE PERMITTING PROGRAMS.

       (a) In General.--If a Federal statute permits a Federal 
     agency to delegate to or otherwise authorize a State to issue 
     or otherwise administer a permit program in lieu of the 
     Federal agency, the Federal agency with authority to carry 
     out the statute shall--
       (1) on publication by the Council of best practices under 
     section 61002(c)(2)(B), initiate a national process, with 
     public participation, to determine whether and the extent to 
     which any of the best practices are generally applicable on a 
     delegation- or authorization-wide basis to permitting under 
     the statute; and
       (2) not later than 2 years after the date of enactment of 
     this Act, make model recommendations for State modifications 
     of the applicable permit program to reflect the best 
     practices described in section 61002(c)(2)(B), as 
     appropriate.
       (b) Best Practices.--Lead and cooperating agencies may 
     share with State, tribal, and local authorities best 
     practices involved in review of covered projects and invite 
     input from State, tribal, and local authorities regarding 
     best practices.

     SEC. 61007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS 
                   PROVISION.

       (a) Limitations on Claims.--
       (1) In general.--Notwithstanding any other provision of 
     law, a claim arising under Federal law seeking judicial 
     review of any authorization issued by a Federal agency for a 
     covered project shall be barred unless--
       (A) the action is filed not later than 2 years after the 
     date of publication in the Federal Register of the final 
     record of decision or approval or denial of a permit, unless 
     a shorter time is specified in the Federal law under which 
     judicial review is allowed; and
       (B) in the case of an action pertaining to an environmental 
     review conducted under NEPA--
       (i) the action is filed by a party that submitted a comment 
     during the environmental review or a party that lacked a 
     reasonable opportunity to submit a comment; and
       (ii) a party filed a sufficiently detailed comment so as to 
     put the lead agency on notice of the issue on which the party 
     seeks judicial review.
       (2) New information.--
       (A) In general.--The head of a lead agency or participating 
     agency shall consider new information received after the 
     close of a comment period if the information satisfies the 
     requirements under regulations implementing NEPA.

[[Page H7513]]

       (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

              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.'';

[[Page H7514]]

       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``$107,274,521 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$128,800,000 for fiscal year 2015'';
       (B) in subparagraph (B), by striking ``2013 and 2014 and 
     $8,328,767 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (C) in subparagraph (C), by striking ``$3,713,505,753 for 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015,'' and inserting ``$4,458,650,000 for fiscal year 
     2015'';
       (D) in subparagraph (D), by striking ``$215,132,055 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$258,300,000 for fiscal year 2015'';
       (E) in subparagraph (E)--
       (i) by striking ``$506,222,466 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``$607,800,000 for fiscal year 2015'';
       (ii) by striking ``$24,986,301 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``$30,000,000 for fiscal year 2015''; and
       (iii) by striking ``$16,657,534 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``$20,000,000 for fiscal year 2015'';
       (F) in subparagraph (F), by striking ``2013 and 2014 and 
     $2,498,630 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (G) in subparagraph (G), by striking ``2013 and 2014 and 
     $4,164,384 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (H) in subparagraph (H), by striking ``2013 and 2014 and 
     $3,206,575 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``2013, 2014, and 
     2015'';
       (I) in subparagraph (I), by striking ``$1,803,927,671 for 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015,'' and inserting ``$2,165,900,000 for fiscal year 
     2015'';
       (J) in subparagraph (J), by striking ``$356,304,658 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$427,800,000 for fiscal year 2015''; 
     and
       (K) in subparagraph (K), by striking ``$438,009,863 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``$525,900,000 for fiscal year 2015''.
       (b) Research, Development Demonstration and Deployment 
     Projects.--Section 5338(b) of title 49, United States Code, 
     is amended by striking ``$58,301,370 for the period beginning 
     on October 1, 2014, and ending on July 31, 2015'' and 
     inserting ``$70,000,000 for fiscal year 2015''.
       (c) Transit Cooperative Research Program.--Section 5338(c) 
     of title 49, United States Code, is amended by striking 
     ``$5,830,137 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015'' and inserting ``$7,000,000 for 
     fiscal year 2015''.
       (d) Technical Assistance and Standards Development.--
     Section 5338(d) of title 49, United States Code, is amended 
     by striking ``$5,830,137 for the period beginning on October 
     1, 2014, and ending on July 31, 2015'' and inserting 
     ``$7,000,000 for fiscal year 2015''.
       (e) Human Resources and Training.--Section 5338(e) of title 
     49, United States Code, is amended by striking ``$4,164,384 
     for the period beginning on October 1, 2014, and ending on 
     July 31, 2015'' and inserting ``$5,000,000 for fiscal year 
     2015''.
       (f) Capital Investment Grants.--Section 5338(g) of title 
     49, United States Code, is amended by striking 
     ``$1,558,295,890 for the period beginning on October 1, 2014, 
     and ending on July 31, 2015'' and inserting ``$1,907,000,000 
     for fiscal year 2015''.
       (g) Administration.--Section 5338(h) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``$86,619,178 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015'' and inserting ``$104,000,000 for fiscal year 2015'';
       (2) in paragraph (2), by striking ``2013 and 2014 and not 
     less than $4,164,384 for the period beginning on October 1, 
     2014, and ending on July 31, 2015,'' and inserting ``2013, 
     2014, and 2015''; and
       (3) in paragraph (3), by striking ``2013 and 2014 and not 
     less than $832,877 for the period beginning on October 1, 
     2014, and ending on July 31, 2015,'' and inserting ``2013, 
     2014, and 2015''.

     SEC. 72004. BUS AND BUS FACILITIES FORMULA GRANTS.

       Section 5339(d)(1) of title 49, United States Code, is 
     amended--
       (1) by striking ``2013 and 2014 and $54,553,425 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``2013, 2014, and 2015'';
       (2) by striking ``and $1,041,096 for such period''; and
       (3) by striking ``and $416,438 for such period''.

           TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS

            Subtitle A--Extension of Highway Safety Programs

     SEC. 73101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY 
                   ADMINISTRATION HIGHWAY SAFETY PROGRAMS.

       (a) Extension of Programs.--
       (1) Highway safety programs.--Section 31101(a)(1)(C) of 
     MAP-21 (126 Stat. 733) is amended to read as follows:
       ``(C) $235,000,000 for fiscal year 2015.''.
       (2) Highway safety research and development.--Section 
     31101(a)(2)(C) of MAP-21 (126 Stat. 733) is amended to read 
     as follows:
       ``(C) $113,500,000 for fiscal year 2015.''.
       (3) National priority safety programs.--Section 
     31101(a)(3)(C) of MAP-21 (126 Stat. 733) is amended to read 
     as follows:
       ``(C) $272,000,000 for fiscal year 2015.''.
       (4) National driver register.--Section 31101(a)(4)(C) of 
     MAP-21 (126 Stat. 733) is amended to read as follows:
       ``(C) $5,000,000 for fiscal year 2015.''.
       (5) High visibility enforcement program.--
       (A) Authorization of appropriations.--Section 
     31101(a)(5)(C) of MAP-21 (126 Stat. 733) is amended to read 
     as follows:
       ``(C) $29,000,000 for fiscal year 2015.''.
       (B) Law enforcement campaigns.--Section 2009(a) of SAFETEA-
     LU (23 U.S.C. 402 note) is amended--
       (i) in the first sentence, by striking ``and 2014 and in 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015'' and inserting ``through 2015''; and
       (ii) in the second sentence, by striking ``and 2014 and in 
     the period beginning on October 1, 2014, and ending on July 
     31, 2015,'' and inserting ``through 2015''.
       (6) Administrative expenses.--Section 31101(a)(6)(C) of 
     MAP-21 (126 Stat. 733) is amended to read as follows:
       ``(C) $25,500,000 for fiscal year 2015.''.
       (b) Cooperative Research and Evaluation.--Section 403(f)(1) 
     of title 23, United States Code, is amended by striking 
     ``under subsection 402(c) in each fiscal year ending before 
     October 1, 2014, and $2,082,192 of the total amount available 
     for apportionment to the States for highway safety programs 
     under section 402(c) in the period beginning on October 1, 
     2014, and ending on July 31, 2015,'' and inserting ``under 
     section 402(c) in each fiscal year ending before October 1, 
     2015,''.
       (c) Applicability of Title 23.--Section 31101(c) of MAP-21 
     (126 Stat. 733) is amended by striking ``fiscal years 2013 
     and 2014 and for the period beginning on October 1, 2014, and 
     ending on July 31, 2015,'' and inserting ``each of fiscal 
     years 2013 through 2015''.

     SEC. 73102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 
                   ADMINISTRATION PROGRAMS.

       (a) Motor Carrier Safety Grants.--Section 31104(a)(10) of 
     title 49, United States Code, is amended to read as follows:
       ``(10) $218,000,000 for fiscal year 2015.''.
       (b) Administrative Expenses.--Section 31104(i)(1)(J) of 
     title 49, United States Code, is amended to read as follows:
       ``(J) $259,000,000 for fiscal year 2015.''.
       (c) Grant Programs.--
       (1) Commercial driver's license program improvement 
     grants.--Section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) is 
     amended by striking ``each of fiscal years 2013 and 2014 and 
     $24,986,301 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015'' and inserting ``each of fiscal 
     years 2013 through 2015''.
       (2) Border enforcement grants.--Section 4101(c)(2) of 
     SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of 
     fiscal years 2013 and 2014 and $26,652,055 for the period 
     beginning on October 1, 2014, and ending on July 31, 2015'' 
     and inserting ``each of fiscal years 2013 through 2015''.
       (3) Performance and registration information system 
     management grant program.--Section 4101(c)(3) of SAFETEA-LU 
     (119 Stat. 1715) is amended by striking ``each of fiscal 
     years 2013 and 2014 and $4,164,384 for the period beginning 
     on October 1, 2014, and ending on July 31, 2015'' and 
     inserting ``each of fiscal years 2013 through 2015''.
       (4) Commercial vehicle information systems and networks 
     deployment program.--Section 4101(c)(4) of SAFETEA-LU (119 
     Stat. 1715) is amended by striking ``each of fiscal years 
     2013 and 2014 and $20,821,918 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015'' and inserting 
     ``each of fiscal years 2013 through 2015''.
       (5) Safety data improvement grants.--Section 4101(c)(5) of 
     SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of 
     fiscal years 2013 and 2014 and $2,498,630 for the period 
     beginning on October 1, 2014, and ending on July 31, 2015'' 
     and inserting ``each of fiscal years 2013 through 2015''.
       (d) High-Priority Activities.--Section 31104(k)(2) of title 
     49, United States Code, is amended by striking ``each of 
     fiscal years 2006 through 2014 and up to $12,493,151 for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``each of fiscal years 2006 through 
     2015''.
       (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 
     49, United States Code, is amended by striking ``per fiscal 
     year and up to $26,652,055 for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``per fiscal year''.
       (f) Outreach and Education.--Section 4127(e) of SAFETEA-LU 
     (119 Stat. 1741) is amended by striking ``each of fiscal 
     years 2013 and 2014 and $3,331,507 to the Federal Motor 
     Carrier Safety Administration for the period beginning on 
     October 1, 2014, and ending on July 31, 2015,'' and inserting 
     ``each of fiscal years 2013 through 2015''.
       (g) Grant Program for Commercial Motor Vehicle Operators.--
     Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is 
     amended by striking ``each of fiscal years 2005 through 2014 
     and $832,877 for the period beginning on October 1, 2014, and 
     ending on July 31, 2015'' and inserting ``each of fiscal 
     years 2005 through 2015''.

     SEC. 73103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.

       Section 4 of the Dingell-Johnson Sport Fish Restoration Act 
     (16 U.S.C. 777c) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1) by striking ``each fiscal year through 2014 and for the 
     period beginning on October 1, 2014, and ending on July 31, 
     2015,'' and inserting ``each fiscal year through 2015''; and
       (2) in subsection (b)(1)(A) by striking ``for each fiscal 
     year ending before October 1, 2014, and for the period 
     beginning on October 1, 2014, and ending on July 31, 2015,'' 
     and inserting ``for each fiscal year ending before October 1, 
     2015''.

[[Page H7515]]

  


                    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

                     DIVISION H--BUDGETARY EFFECTS

     SEC. 80001. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

     SEC. 80002. MAINTENANCE OF HIGHWAY TRUST FUND CASH BALANCE.

       (a) Definitions.--In this section:
       (1) Highway account.--The term ``Highway Account'' has the 
     meaning given the term in section 9503(e)(5)(B) of the 
     Internal Revenue Code of 1986.
       (2) Highway trust fund.--The term ``Highway Trust Fund'' 
     means the Highway Trust Fund established by section 9503(a) 
     of the Internal Revenue Code of 1986.
       (3) Mass transit account.--The term ``Mass Transit 
     Account'' means the Mass Transit Account established by 
     section 9503(e)(1) of the Internal Revenue Code of 1986.
       (b) Restriction on Obligations.--If the Secretary, in 
     consultation with the Secretary of the Treasury, determines 
     under the test or reevaluation described under subsection (c) 
     or (d) that the projected cash balances of either the Highway 
     Account or the Mass Transit Account of the Highway Trust Fund 
     will fall below the levels described in subparagraph (A) or 
     (B) of subsection (c)(2) at any time during the fiscal year 
     for which that determination applies, the Secretary shall not 
     approve any obligation of funds authorized out of the Highway 
     Account or the Mass Transit Account of the Highway Trust Fund 
     during that fiscal year.
       (c) Cash Balance Test.--On July 15 prior to the beginning 
     of each of fiscal years 2019 through 2021, the Secretary, in 
     consultation with the Secretary of the Treasury, shall--
       (1) based on data available for the midsession review 
     described under section 1106 of title 31, United States Code, 
     estimate the projected cash balances of the Highway Account 
     and the Mass Transit Account of the Highway Trust Fund for 
     the upcoming fiscal year; and
       (2) determine if those cash balances--
       (A) are projected to fall below the amount of 
     $4,000,000,000 at any time during that upcoming fiscal year 
     in the Highway Account of the Highway Trust Fund; or
       (B) are projected to fall below the amount of 
     $1,000,000,000 at any time during that upcoming fiscal year 
     in the Mass Transit Account of the Highway Trust Fund.
       (d) Reevaluation.--The Secretary shall conduct the test 
     described under subsection (c) again during a respective 
     fiscal year--
       (1) if a law is enacted that provides additional revenues, 
     deposits, or transfers to the Highway Trust Fund; or
       (2) when the President submits to Congress under section 
     1105(a) of title 31, United States Code, updated outlay 
     estimates or revenue projections related to the Highway Trust 
     Fund.
       (e) Notification.--Not later than 15 days after a 
     determination is made under subsection (c) or (d), the 
     Secretary shall provide notification of the determination 
     to--
       (1) the Committee on Environment and Public Works of the 
     Senate;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (3) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (4) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (5) State transportation departments and designated 
     recipients.
       (f) Exceptions.--Notwithstanding subsection (b), the 
     Secretary shall approve obligations in every fiscal year 
     for--
       (1) administrative expenses of the Federal Highway 
     Administration, including any administrative expenses funded 
     under--
       (A) section 104(a) of title 23, United States Code;
       (B) the tribal transportation program under section 
     202(a)(6), of title 23, United States Code;
       (C) the Federal lands transportation program under section 
     203 of title 23, United States Code; and
       (D) chapter 6 of title 23, United States Code;
       (2) funds for the national highway performance program 
     under section 119 of title 23, United States Code, that are 
     exempt from the limitation on obligations;
       (3) the emergency relief program under section 125 of title 
     23, United States Code;
       (4) the administrative expenses of the National Highway 
     Traffic Safety Administration in carrying out chapter 4 of 
     title 23, United States Code;
       (5) the highway safety programs under section 402 of title 
     23, United States Code, and national priority safety programs 
     under section 405 of title 23, United States Code;
       (6) the high visibility enforcement program under section 
     2009 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59);
       (7) the highway safety research and development program 
     under section 403 of title 23, United States Code;
       (8) the national driver register under chapter 303 of title 
     49, United States Code;
       (9) the motor carrier safety assistance program under 
     section 31102 of title 49, United States Code;
       (10) the administrative expenses of the Federal Motor 
     Carrier Safety Administration under section 31110 of title 
     49, United States Code; and
       (11) the administrative expenses of the Federal Transit 
     Administration funded under section 5338(h) of title 49, 
     United States Code, to carry out section 5329 of title 49, 
     United States Code.

     SEC. 80003. PROHIBITION ON RESCISSIONS OF CERTAIN CONTRACT 
                   AUTHORITY.

       For purposes of the enforcement of a point of order 
     established under the Congressional Budget Act of 1974 (2 
     U.S.C. 621 et seq.), the determination of levels under the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.) or the Statutory Pay-As-You-Go Act of 
     2010 (2 U.S.C. 931 et seq.), and the enforcement of a point 
     of order established under or the determination of levels 
     under a concurrent resolution on the budget, the rescission 
     of contract authority that is provided under this Act or an 
     amendment made by this Act for fiscal year 2019, 2020, or 
     2021 shall not be counted.

          DIVISION I--EXPORT-IMPORT BANK OF THE UNITED STATES

     SEC. 90001. SHORT TITLE.

       This division may be cited as the ``Export-Import Bank 
     Reform and Reauthorization Act of 2015''.

 TITLE XCI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

     SEC. 91001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING 
                   LOANS, GUARANTEES, AND INSURANCE.

       Section 6(a) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635e(a)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Applicable amount defined.--In this subsection, the 
     term `applicable amount', for each of fiscal years 2015 
     through 2019, means $135,000,000,000.
       ``(3) Freezing of lending cap if default rate is 2 percent 
     or more.--If the rate calculated under section 8(g)(1) is 2 
     percent or more for a quarter, the Bank may not exceed the 
     amount of loans, guarantees, and insurance outstanding on the 
     last day of that quarter until the rate calculated under 
     section 8(g)(1) is less than 2 percent.''.

     SEC. 91002. INCREASE IN LOSS RESERVES.

       (a) In General.--Section 6 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635e) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Reserve Requirement.--The Bank shall build to and 
     hold in reserve, to protect against future losses, an amount 
     that is not less than 5 percent of the aggregate amount of 
     disbursed and outstanding loans, guarantees, and insurance of 
     the Bank.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act.

     SEC. 91003. REVIEW OF FRAUD CONTROLS.

       Section 17(b) of the Export-Import Bank Reauthorization Act 
     of 2012 (12 U.S.C. 635a-6(b)) is amended to read as follows:
       ``(b) Review of Fraud Controls.--Not later than 4 years 
     after the date of the enactment of the Export-Import Bank 
     Reform and Reauthorization Act of 2015, and every 4 years 
     thereafter, the Comptroller General of the United States 
     shall--
       ``(1) review the adequacy of the design and effectiveness 
     of the controls used by the Export-Import Bank of the United 
     States to prevent, detect, and investigate fraudulent 
     applications for loans and guarantees and the compliance by 
     the Bank with the controls, including by auditing a sample of 
     Bank transactions; and
       ``(2) submit a written report regarding the findings of the 
     review and providing such recommendations with respect to the 
     controls described in paragraph (1) as the Comptroller 
     General deems appropriate to--
       ``(A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Appropriations of the Senate; and
       ``(B) the Committee on Financial Services and the Committee 
     on Appropriations of the House of Representatives.''.

     SEC. 91004. OFFICE OF ETHICS.

       Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635a) is amended by adding at the end the following:
       ``(k) Office of Ethics.--
       ``(1) Establishment.--There is established an Office of 
     Ethics within the Bank, which shall oversee all ethics issues 
     within the Bank.

[[Page H7516]]

       ``(2) Head of office.--
       ``(A) In general.--The head of the Office of Ethics shall 
     be the Chief Ethics Officer, who shall report to the Board of 
     Directors.
       ``(B) Appointment.--Not later than 180 days after the date 
     of the enactment of the Export-Import Bank Reform and 
     Reauthorization Act of 2015, the Chief Ethics Officer shall 
     be--
       ``(i) appointed by the President of the Bank from among 
     persons--

       ``(I) with a background in law who have experience in the 
     fields of law and ethics; and
       ``(II) who are not serving in a position requiring 
     appointment by the President of the United States before 
     being appointed to be Chief Ethics Officer; and

       ``(ii) approved by the Board.
       ``(C) Designated agency ethics official.--The Chief Ethics 
     Officer shall serve as the designated agency ethics official 
     for the Bank pursuant to the Ethics in Government Act of 1978 
     (5 U.S.C. App. 101 et seq.).
       ``(3) Duties.--The Office of Ethics has jurisdiction over 
     all employees of, and ethics matters relating to, the Bank. 
     With respect to employees of the Bank, the Office of Ethics 
     shall--
       ``(A) recommend administrative actions to establish or 
     enforce standards of official conduct;
       ``(B) refer to the Office of the Inspector General of the 
     Bank alleged violations of--
       ``(i) the standards of ethical conduct applicable to 
     employees of the Bank under parts 2635 and 6201 of title 5, 
     Code of Federal Regulations;
       ``(ii) the standards of ethical conduct established by the 
     Chief Ethics Officer; and
       ``(iii) any other laws, rules, or regulations governing the 
     performance of official duties or the discharge of official 
     responsibilities that are applicable to employees of the 
     Bank;
       ``(C) report to appropriate Federal or State authorities 
     substantial evidence of a violation of any law applicable to 
     the performance of official duties that may have been 
     disclosed to the Office of Ethics; and
       ``(D) render advisory opinions regarding the propriety of 
     any current or proposed conduct of an employee or contractor 
     of the Bank, and issue general guidance on such matters as 
     necessary.''.

     SEC. 91005. CHIEF RISK OFFICER.

       Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635a), as amended by section 91004, is further amended by 
     adding at the end the following:
       ``(l) Chief Risk Officer.--
       ``(1) In general.--There shall be a Chief Risk Officer of 
     the Bank, who shall--
       ``(A) oversee all issues relating to risk within the Bank; 
     and
       ``(B) report to the President of the Bank.
       ``(2) Appointment.--Not later than 180 days after the date 
     of the enactment of the Export-Import Bank Reform and 
     Reauthorization Act of 2015, the Chief Risk Officer shall 
     be--
       ``(A) appointed by the President of the Bank from among 
     persons--
       ``(i) with a demonstrated ability in the general management 
     of, and knowledge of and extensive practical experience in, 
     financial risk evaluation practices in large governmental or 
     business entities; and
       ``(ii) who are not serving in a position requiring 
     appointment by the President of the United States before 
     being appointed to be Chief Risk Officer; and
       ``(B) approved by the Board.
       ``(3) Duties.--The duties of the Chief Risk Officer are--
       ``(A) to be responsible for all matters related to managing 
     and mitigating all risk to which the Bank is exposed, 
     including the programs and operations of the Bank;
       ``(B) to establish policies and processes for risk 
     oversight, the monitoring of management compliance with risk 
     limits, and the management of risk exposures and risk 
     controls across the Bank;
       ``(C) to be responsible for the planning and execution of 
     all Bank risk management activities, including policies, 
     reporting, and systems to achieve strategic risk objectives;
       ``(D) to develop an integrated risk management program that 
     includes identifying, prioritizing, measuring, monitoring, 
     and managing internal control and operating risks and other 
     identified risks;
       ``(E) to ensure that the process for risk assessment and 
     underwriting for individual transactions considers how each 
     such transaction considers the effect of the transaction on 
     the concentration of exposure in the overall portfolio of the 
     Bank, taking into account fees, collateralization, and 
     historic default rates; and
       ``(F) to review the adequacy of the use by the Bank of 
     qualitative metrics to assess the risk of default under 
     various scenarios.''.

     SEC. 91006. RISK MANAGEMENT COMMITTEE.

       (a) In General.--Section 3 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635a), as amended by sections 91004 and 
     91005, is further amended by adding at the end the following:
       ``(m) Risk Management Committee.--
       ``(1) Establishment.--There is established a management 
     committee to be known as the `Risk Management Committee'.
       ``(2) Membership.--The membership of the Risk Management 
     Committee shall be the members of the Board of Directors, 
     with the President and First Vice President of the Bank 
     serving as ex officio members.
       ``(3) Duties.--The duties of the Risk Management Committee 
     shall be--
       ``(A) to oversee, in conjunction with the Office of the 
     Chief Financial Officer of the Bank--
       ``(i) periodic stress testing on the entire Bank portfolio, 
     reflecting different market, industry, and macroeconomic 
     scenarios, and consistent with common practices of commercial 
     and multilateral development banks; and
       ``(ii) the monitoring of industry, geographic, and obligor 
     exposure levels; and
       ``(B) to review all required reports on the default rate of 
     the Bank before submission to Congress under section 8(g).''.
       (b) Termination of Audit Committee.--Not later than 180 
     days after the date of the enactment of this Act, the Board 
     of Directors of the Export-Import Bank of the United States 
     shall revise the bylaws of the Bank to terminate the Audit 
     Committee established by section 7 of the bylaws.

     SEC. 91007. INDEPENDENT AUDIT OF BANK PORTFOLIO.

       (a) Audit.--The Inspector General of the Export-Import Bank 
     of the United States shall conduct an audit or evaluation of 
     the portfolio risk management procedures of the Bank, 
     including a review of the implementation by the Bank of the 
     duties assigned to the Chief Risk Officer under section 3(l) 
     of the Export-Import Bank Act of 1945, as amended by section 
     91005.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, and not less frequently than every 3 
     years thereafter, the Inspector General shall submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives a written report containing all findings 
     and determinations made in carrying out subsection (a).

     SEC. 91008. PILOT PROGRAM FOR REINSURANCE.

       (a) In General.--Notwithstanding any provision of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.), the 
     Export-Import Bank of the United States (in this section 
     referred to as the ``Bank'') may establish a pilot program 
     under which the Bank may enter into contracts and other 
     arrangements to share risks associated with the provision of 
     guarantees, insurance, or credit, or the participation in the 
     extension of credit, by the Bank under that Act.
       (b) Limitations on Amount of Risk-Sharing.--
       (1) Per contract or other arrangement.--The aggregate 
     amount of liability the Bank may transfer through risk-
     sharing pursuant to a contract or other arrangement entered 
     into under subsection (a) may not exceed $1,000,000,000.
       (2) Per year.--The aggregate amount of liability the Bank 
     may transfer through risk-sharing during a fiscal year 
     pursuant to contracts or other arrangements entered into 
     under subsection (a) during that fiscal year may not exceed 
     $10,000,000,000.
       (c) Annual Reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter through 
     2019, the Bank shall submit to Congress a written report that 
     contains a detailed analysis of the use of the pilot program 
     carried out under subsection (a) during the year preceding 
     the submission of the report.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to affect, impede, or revoke any authority of the 
     Bank.
       (e) Termination.--The pilot program carried out under 
     subsection (a) shall terminate on September 30, 2019.

            TITLE XCII--PROMOTION OF SMALL BUSINESS EXPORTS

     SEC. 92001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.

       (a) In General.--Section 2(b)(1)(E)(v) of the Export-Import 
     Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by 
     striking ``20 percent'' and inserting ``25 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to fiscal year 2016 and each fiscal 
     year thereafter.

     SEC. 92002. REPORT ON PROGRAMS FOR SMALL AND MEDIUM-SIZED 
                   BUSINESSES.

       (a) In General.--Section 8 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635g) is amended by adding at the end the 
     following:
       ``(k) Report on Programs for Small and Medium-Sized 
     Businesses.--The Bank shall include in its annual report to 
     Congress under subsection (a) a report on the programs of the 
     Bank for United States businesses with less than $250,000,000 
     in annual sales.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the report of the Export-Import 
     Bank of the United States submitted to Congress under section 
     8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for 
     the first year that begins after the date of the enactment of 
     this Act.

                TITLE XCIII--MODERNIZATION OF OPERATIONS

     SEC. 93001. ELECTRONIC PAYMENTS AND DOCUMENTS.

       Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(b)(1)) is amended by adding at the end the 
     following:
       ``(M) Not later than 2 years after the date of the 
     enactment of the Export-Import Bank Reform and 
     Reauthorization Act of 2015, the Bank shall implement 
     policies--
       ``(i) to accept electronic documents with respect to 
     transactions whenever possible, including copies of bills of 
     lading, certifications, and compliance documents, in such 
     manner so as not to undermine any potential civil or criminal 
     enforcement related to the transactions; and
       ``(ii) to accept electronic payments in all of its 
     programs.''.

     SEC. 93002. REAUTHORIZATION OF INFORMATION TECHNOLOGY 
                   UPDATING.

       Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 
     635a(j)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``2012, 2013, and 2014'' and inserting 
     ``2015 through 2019'';
       (2) in paragraph (2)(B), by striking ``(I) the funds'' and 
     inserting ``(i) the funds''; and
       (3) in paragraph (3), by striking ``2012, 2013, and 2014'' 
     and inserting ``2015 through 2019''.

                     TITLE XCIV--GENERAL PROVISIONS

     SEC. 94001. EXTENSION OF AUTHORITY.

       (a) In General.--Section 7 of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635f) is amended by striking ``2014'' and 
     inserting ``2019''.

[[Page H7517]]

       (b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 
     (12 U.S.C. 635 note) is amended by striking ``September 30, 
     2014'' and inserting ``the date on which the authority of the 
     Export-Import Bank of the United States expires under section 
     7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f)''.
       (c) Sub-Saharan Africa Advisory Committee.--Section 
     2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(b)(9)(B)(iii)) is amended by striking ``September 
     30, 2014'' and inserting ``the date on which the authority of 
     the Bank expires under section 7''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of the date of the enactment 
     of this Act or June 30, 2015.

     SEC. 94002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.

       (a) Loan Terms for Medium-Term Financing.--Section 
     2(a)(2)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635(a)(2)(A)) is amended--
       (1) in clause (i), by striking ``; and'' and inserting a 
     semicolon; and
       (2) by adding at the end the following:
       ``(iii) with principal amounts of not more than 
     $25,000,000; and''.
       (b) Competitive Opportunities Relating to Insurance.--
     Section 2(d)(2) of the Export-Import Bank Act of 1945 (12 
     U.S.C. 635(d)(2)) is amended by striking ``$10,000,000'' and 
     inserting ``$25,000,000''.
       (c) Export Amounts for Small Business Loans.--Section 
     3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635a(g)(3)) is amended by striking ``$10,000,000'' and 
     inserting ``$25,000,000''.
       (d) Consideration of Environmental Effects.--Section 
     11(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635i-5(a)(1)(A)) is amended by striking ``$10,000,000 or 
     more'' and inserting the following: ``$25,000,000 (or, if 
     less than $25,000,000, the threshold established pursuant to 
     international agreements, including the Common Approaches for 
     Officially Supported Export Credits and Environmental and 
     Social Due Diligence, as adopted by the Organisation for 
     Economic Co-operation and Development Council on June 28, 
     2012, and the risk-management framework adopted by financial 
     institutions for determining, assessing, and managing 
     environmental and social risk in projects (commonly referred 
     to as the `Equator Principles')) or more''.
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2016 and each fiscal 
     year thereafter.

                        TITLE XCV--OTHER MATTERS

     SEC. 95001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.

       Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 
     635 et seq.) is amended by adding at the end the following:
       ``(k) Prohibition on Discrimination Based on Industry.--
       ``(1) In general.--Except as provided in this Act, the Bank 
     may not--
       ``(A) deny an application for financing based solely on the 
     industry, sector, or business that the application concerns; 
     or
       ``(B) promulgate or implement policies that discriminate 
     against an application based solely on the industry, sector, 
     or business that the application concerns.
       ``(2) Applicability.--The prohibitions under paragraph (1) 
     apply only to applications for financing by the Bank for 
     projects concerning the exploration, development, production, 
     or export of energy sources and the generation or 
     transmission of electrical power, or combined heat and power, 
     regardless of the energy source involved.''.

     SEC. 95002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.

       (a) In General.--Section 11 of the Export-Import Bank 
     Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Secretary of the Treasury (in this section referred to as 
     the `Secretary')'' and inserting ``President''; and
       (B) in paragraph (1)--
       (i) by striking ``(OECD)'' and inserting ``(in this section 
     referred to as the `OECD')''; and
       (ii) by striking ``ultimate goal of eliminating'' and 
     inserting ``possible goal of eliminating, before the date 
     that is 10 years after the date of the enactment of the 
     Export-Import Bank Reform and Reauthorization Act of 2015,'';
       (2) in subsection (b), by striking ``Secretary'' each place 
     it appears and inserting ``President''; and
       (3) by adding at the end the following:
       ``(c) Report on Strategy.--Not later than 180 days after 
     the date of the enactment of the Export-Import Bank Reform 
     and Reauthorization Act of 2015, the President shall submit 
     to Congress a proposal, and a strategy for achieving the 
     proposal, that the United States Government will pursue with 
     other major exporting countries, including OECD members and 
     non-OECD members, to eliminate over a period of not more than 
     10 years subsidized export-financing programs, tied aid, 
     export credits, and all other forms of government-supported 
     export subsidies.
       ``(d) Negotiations With Non-OECD Members.--The President 
     shall initiate and pursue negotiations with countries that 
     are not OECD members to bring those countries into a 
     multilateral agreement establishing rules and limitations on 
     officially supported export credits.
       ``(e) Annual Reports on Progress of Negotiations.--Not 
     later than 180 days after the date of the enactment of the 
     Export-Import Bank Reform and Reauthorization Act of 2015, 
     and annually thereafter through calendar year 2019, the 
     President shall submit to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives a report 
     on the progress of any negotiations described in subsection 
     (d).''.
       (b) Effective Date.--The amendments made by paragraphs (1) 
     and (2) of subsection (a) shall apply with respect to reports 
     required to be submitted under section 11(b) of the Export-
     Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b)) 
     after the date of the enactment of this Act.

     SEC. 95003. STUDY OF FINANCING FOR INFORMATION AND 
                   COMMUNICATIONS TECHNOLOGY SYSTEMS.

       (a) Analysis of Information and Communications Technology 
     Industry Use of Bank Products.--The Export-Import Bank of the 
     United States (in this section referred to as the ``Bank'') 
     shall conduct a study of the extent to which the products 
     offered by the Bank are available and used by companies that 
     export information and communications technology services and 
     related goods.
       (b) Elements.--In conducting the study required by 
     subsection (a), the Bank shall examine the following:
       (1) The number of jobs in the United States that are 
     supported by the export of information and communications 
     technology services and related goods, and the degree to 
     which access to financing will increase exports of such 
     services and related goods.
       (2) The reduction in the financing by the Bank of exports 
     of information and communications technology services from 
     2003 through 2014.
       (3) The activities of foreign export credit agencies to 
     facilitate the export of information and communications 
     technology services and related goods.
       (4) Specific proposals for how the Bank could provide 
     additional financing for the exportation of information and 
     communications technology services and related goods through 
     risk-sharing with other export credit agencies and other 
     third parties.
       (5) Proposals for new products the Bank could offer to 
     provide financing for exports of information and 
     communications technology services and related goods, 
     including--
       (A) the extent to which the Bank is authorized to offer new 
     products;
       (B) the extent to which the Bank would need additional 
     authority to offer new products to meet the needs of the 
     information and communications technology industry;
       (C) specific proposals for changes in law that would enable 
     the Bank to provide increased financing for exports of 
     information and communications technology services and 
     related goods in compliance with the credit and risk 
     standards of the Bank;
       (D) specific proposals that would enable the Bank to 
     provide increased outreach to the information and 
     communications technology industry about the products the 
     Bank offers; and
       (E) specific proposals for changes in law that would enable 
     the Bank to provide the financing to build information and 
     communications technology infrastructure, in compliance with 
     the credit and risk standards of the Bank, to allow for 
     market access opportunities for United States information and 
     communications technology companies to provide services on 
     the infrastructure being financed by the Bank.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Bank shall submit to Congress a 
     report that contains the results of the study required by 
     subsection (a).

  The CHAIR. No further amendment to the Senate amendment, as amended, 
shall be in order except for an amendment consisting of the text of 
Rules Committee Print 114-32, which shall be considered as pending, 
shall be considered as read, shall not be debatable, shall not be 
subject to amendment except as specified in section 2(b) of House 
Resolution 507, and shall not be subject to a demand for division of 
the question.
  No amendment to the further amendment referred to in section 2(a) of 
House Resolution 507 shall be in order except those printed in part B 
of House Report 114-325. Each such amendment may be offered only in the 
order printed in the report, by a Member designated in the report, 
shall be considered read, shall be debatable for the time specified in 
the report equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be subject 
to a demand for division of the question.
  Pursuant to the rule, an amendment consisting of the text of Rules 
Committee Print 114-32 is now pending.
  The Clerk will designate the amendment.
  The text of the House amendment to the Senate amendment, as amended, 
to the text is as follows;

       In the matter proposed to be inserted by the amendment of 
     the Senate to the text of the bill, strike section 1 and all 
     that follows through division B and insert the following:

                   DIVISION A--SURFACE TRANSPORTATION

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Surface 
     Transportation Reauthorization and Reform Act of 2015''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

                   DIVISION A--SURFACE TRANSPORTATION

Sec. 1. Short title; table of contents.

[[Page H7518]]

Sec. 2. Definitions.
Sec. 3. Effective date.
Sec. 4. References.

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. National highway performance program.
Sec. 1106. Surface transportation block grant program.
Sec. 1107. Railway-highway grade crossings.
Sec. 1108. Highway safety improvement program.
Sec. 1109. Congestion mitigation and air quality improvement program.
Sec. 1110. National highway freight policy.
Sec. 1111. Nationally significant freight and highway projects.
Sec. 1112. Territorial and Puerto Rico highway program.
Sec. 1113. Federal lands and tribal transportation program.
Sec. 1114. Tribal transportation program.
Sec. 1115. Federal lands transportation program.
Sec. 1116. Tribal transportation self-governance program.
Sec. 1117. Emergency relief.
Sec. 1118. Highway use tax evasion projects.
Sec. 1119. Bundling of bridge projects.
Sec. 1120. Tribal High Priority Projects program.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.

            Subtitle B--Planning and Performance Management

Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.

              Subtitle C--Acceleration of Project Delivery

Sec. 1301. Satisfaction of requirements for certain historic sites.
Sec. 1302. Treatment of improvements to rail and transit under 
              preservation requirements.
Sec. 1303. Clarification of transportation environmental authorities.
Sec. 1304. Treatment of certain bridges under preservation 
              requirements.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Improving transparency in environmental reviews.
Sec. 1307. Integration of planning and environmental review.
Sec. 1308. Development of programmatic mitigation plans.
Sec. 1309. Delegation of authorities.
Sec. 1310. Categorical exclusion for projects of limited Federal 
              assistance.
Sec. 1311. Application of categorical exclusions for multimodal 
              projects.
Sec. 1312. Surface transportation project delivery program.
Sec. 1313. Program for eliminating duplication of environmental 
              reviews.
Sec. 1314. Assessment of progress on accelerating project delivery.
Sec. 1315. Improving State and Federal agency engagement in 
              environmental reviews.
Sec. 1316. Accelerated decisionmaking in environmental reviews.
Sec. 1317. Aligning Federal environmental reviews.

                       Subtitle D--Miscellaneous

Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and 
              rehabilitation.
Sec. 1402. Prohibition on the use of funds for automated traffic 
              enforcement.
Sec. 1403. Minimum penalties for repeat offenders for driving while 
              intoxicated or driving under the influence.
Sec. 1404. Highway Trust Fund transparency and accountability.
Sec. 1405. High priority corridors on National Highway System.
Sec. 1406. Flexibility for projects.
Sec. 1407. Productive and timely expenditure of funds.
Sec. 1408. Consolidation of programs.
Sec. 1409. Federal share payable.
Sec. 1410. Elimination or modification of certain reporting 
              requirements.
Sec. 1411. Technical corrections.
Sec. 1412. Safety for users.
Sec. 1413. Design standards.
Sec. 1414. Reserve fund.
Sec. 1415. Adjustments.
Sec. 1416. National electric vehicle charging, hydrogen, and natural 
              gas fueling corridors.
Sec. 1417. Ferries.
Sec. 1418. Study on performance of bridges.
Sec. 1419. Relinquishment of park-and-ride lot facilities.
Sec. 1420. Pilot program.
Sec. 1421. Innovative project delivery examples.
Sec. 1422. Administrative provisions to encourage pollinator habitat 
              and forage on transportation rights-of-way.
Sec. 1423. Milk products.
Sec. 1424. Interstate weight limits for emergency vehicles.
Sec. 1425. Vehicle weight limitations--Interstate System.
Sec. 1426. New national goal, performance measure, and performance 
              target.
Sec. 1427. Service club, charitable association, or religious service 
              signs.
Sec. 1428. Work zone and guard rail safety training.
Sec. 1429. Motorcyclist advisory council.
Sec. 1430. Highway work zones.

                  TITLE II--INNOVATIVE PROJECT FINANCE

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
              1998 amendments.
Sec. 2002. State infrastructure bank program.
Sec. 2003. Availability payment concession model.

                    TITLE III--PUBLIC TRANSPORTATION

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Metropolitan and statewide transportation planning.
Sec. 3004. Urbanized area formula grants.
Sec. 3005. Fixed guideway capital investment grants.
Sec. 3006. Formula grants for enhanced mobility of seniors and 
              individuals with disabilities.
Sec. 3007. Formula grants for rural areas.
Sec. 3008. Public transportation innovation.
Sec. 3009. Technical assistance and workforce development.
Sec. 3010. Bicycle facilities.
Sec. 3011. General provisions.
Sec. 3012. Public transportation safety program.
Sec. 3013. Apportionments.
Sec. 3014. State of good repair grants.
Sec. 3015. Authorizations.
Sec. 3016. Bus and bus facility grants.
Sec. 3017. Obligation ceiling.
Sec. 3018. Innovative procurement.
Sec. 3019. Review of public transportation safety standards.
Sec. 3020. Study on evidentiary protection for public transportation 
              safety program information.
Sec. 3021. Mobility of seniors and individuals with disabilities.
Sec. 3022. Improved transit safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.

                        TITLE IV--HIGHWAY SAFETY

Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. National priority safety programs.
Sec. 4006. Prohibition on funds to check helmet usage or create related 
              checkpoints for a motorcycle driver or passenger.
Sec. 4007. Marijuana-impaired driving.
Sec. 4008. National priority safety program grant eligibility.
Sec. 4009. Data collection.
Sec. 4010. Technical corrections.

                     TITLE V--MOTOR CARRIER SAFETY

          Subtitle A--Motor Carrier Safety Grant Consolidation

Sec. 5101. Grants to States.
Sec. 5102. Performance and registration information systems management.
Sec. 5103. Authorization of appropriations.
Sec. 5104. Commercial driver's license program implementation.
Sec. 5105. Extension of Federal motor carrier safety programs for 
              fiscal year 2016.
Sec. 5106. Motor carrier safety assistance program allocation.
Sec. 5107. Maintenance of effort calculation.

     Subtitle B--Federal Motor Carrier Safety Administration Reform

                       Part I--Regulatory Reform

Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.
Sec. 5204. Petitions.

           Part II--Compliance, Safety, Accountability Reform

Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Interim hiring standard.

              Subtitle C--Commercial Motor Vehicle Safety

Sec. 5301. Implementing safety requirements.
Sec. 5302. Windshield mounted safety technology.
Sec. 5303. Prioritizing statutory rulemakings.
Sec. 5304. Safety reporting system.
Sec. 5305. New entrant safety review program.
Sec. 5306. Ready mixed concrete trucks.

              Subtitle D--Commercial Motor Vehicle Drivers

Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Certified medical examiners.
Sec. 5404. Graduated commercial driver's license pilot program.
Sec. 5405. Veterans expanded trucking opportunities.

                     Subtitle E--General Provisions

Sec. 5501. Minimum financial responsibility.
Sec. 5502. Delays in goods movement.
Sec. 5503. Report on motor carrier financial responsibility.
Sec. 5504. Emergency route working group.
Sec. 5505. Household goods consumer protection working group.
Sec. 5506. Technology improvements.
Sec. 5507. Notification regarding motor carrier registration.

[[Page H7519]]

Sec. 5508. Report on commercial driver's license skills test delays.
Sec. 5509. Covered farm vehicles.
Sec. 5510. Operators of hi-rail vehicles.
Sec. 5511. Electronic logging device requirements.
Sec. 5512. Technical corrections.
Sec. 5513. Automobile transporter.
Sec. 5514. Ready mix concrete delivery vehicles.

                          TITLE VI--INNOVATION

Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Advanced transportation and congestion management 
              technologies deployment.
Sec. 6004. Technology and innovation deployment program.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system program report.
Sec. 6007. Intelligent transportation system national architecture and 
              standards.
Sec. 6008. Communication systems deployment report.
Sec. 6009. Infrastructure development.
Sec. 6010. Departmental research programs.
Sec. 6011. Research and Innovative Technology Administration.
Sec. 6012. Office of Intermodalism.
Sec. 6013. University transportation centers.
Sec. 6014. Bureau of Transportation Statistics.
Sec. 6015. Surface transportation system funding alternatives.
Sec. 6016. Future interstate study.
Sec. 6017. Highway efficiency.
Sec. 6018. Motorcycle safety.
Sec. 6019. Hazardous materials research and development.
Sec. 6020. Web-based training for emergency responders.
Sec. 6021. Transportation technology policy working group.
Sec. 6022. Collaboration and support.
Sec. 6023. Prize competitions.
Sec. 6024. GAO report.
Sec. 6025. Intelligent transportation system purposes.
Sec. 6026. Infrastructure integrity.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Short title.
Sec. 7002. Authorization of appropriations.
Sec. 7003. National emergency and disaster response.
Sec. 7004. Enhanced reporting.
Sec. 7005. Wetlines.
Sec. 7006. Improving publication of special permits and approvals.
Sec. 7007. GAO study on acceptance of classification examinations.
Sec. 7008. Improving the effectiveness of planning and training grants.
Sec. 7009. Motor carrier safety permits.
Sec. 7010. Thermal blankets.
Sec. 7011. Comprehensive oil spill response plans.
Sec. 7012. Information on high-hazard flammable trains.
Sec. 7013. Study and testing of electronically controlled pneumatic 
              brakes.
Sec. 7014. Ensuring safe implementation of positive train control 
              systems.
Sec. 7015. Phase-out of all tank cars used to transport Class 3 
              flammable liquids.

             TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

Sec. 8001. Multimodal freight transportation.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

Sec. 9001. National Surface Transportation and Innovative Finance 
              Bureau.
Sec. 9002. Council on Credit and Finance.

    TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) Department.--The term ``Department'' means the 
     Department of Transportation.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 3. EFFECTIVE DATE.

       Except as otherwise provided, this Act, including the 
     amendments made by this Act, takes effect on October 1, 2015.

     SEC. 4. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in this division shall be treated as 
     referring only to the provisions of this division.

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

     SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the surface transportation block grant program 
     under section 133 of that title, the highway safety 
     improvement program under section 148 of that title, the 
     congestion mitigation and air quality improvement program 
     under section 149 of that title, and to carry out section 134 
     of that title--
       (A) $38,419,500,000 for fiscal year 2016;
       (B) $39,113,500,000 for fiscal year 2017;
       (C) $39,927,500,000 for fiscal year 2018;
       (D) $40,764,000,000 for fiscal year 2019;
       (E) $41,623,000,000 for fiscal year 2020; and
       (F) $42,483,000,000 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, $200,000,000 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) $490,000,000 for fiscal year 2019;
       (v) $495,000,000 for fiscal year 2020; and
       (vi) $500,000,000 for fiscal year 2021.
       (B) Federal lands transportation program.--
       (i) In general.--For the Federal lands transportation 
     program under section 203 of title 23, United States Code--

       (I) $325,000,000 for fiscal year 2016;
       (II) $335,000,000 for fiscal year 2017;
       (III) $345,000,000 for fiscal year 2018;
       (IV) $350,000,000 for fiscal year 2019;
       (V) $375,000,000 for fiscal year 2020; and
       (VI) $400,000,000 for fiscal year 2021.

       (ii) Allocation.--Of the amount made available for a fiscal 
     year under clause (i)--

       (I) the amount for the National Park Service is--

       (aa) $260,000,000 for fiscal year 2016;
       (bb) $268,000,000 for fiscal year 2017;
       (cc) $276,000,000 for fiscal year 2018;
       (dd) $280,000,000 for fiscal year 2019;
       (ee) $300,000,000 for fiscal year 2020; and
       (ff) $320,000,000 for fiscal year 2021;

       (II) the amount for the United States Fish and Wildlife 
     Service is $30,000,000 for each of fiscal years 2016 through 
     2021; and
       (III) the amount for the United States Forest Service is--

       (aa) $15,000,000 for fiscal year 2016;
       (bb) $16,000,000 for fiscal year 2017;
       (cc) $17,000,000 for fiscal year 2018;
       (dd) $18,000,000 for fiscal year 2019;
       (ee) $19,000,000 for fiscal year 2020; and
       (ff) $20,000,000 for fiscal year 2021.
       (C) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code--
       (i) $250,000,000 for fiscal year 2016;
       (ii) $255,000,000 for fiscal year 2017;
       (iii) $260,000,000 for fiscal year 2018;
       (iv) $265,000,000 for fiscal year 2019;
       (v) $270,000,000 for fiscal year 2020; and
       (vi) $275,000,000 for fiscal year 2021.
       (4) Territorial and puerto rico highway program.--For the 
     territorial and Puerto Rico highway program under section 165 
     of title 23, United States Code, $200,000,000 for each of 
     fiscal years 2016 through 2021.
       (5) Nationally significant freight and highway projects.--
     For nationally significant freight and highway projects under 
     section 117 of title 23, United States Code--
       (A) $725,000,000 for fiscal year 2016;
       (B) $735,000,000 for fiscal year 2017; and
       (C) $750,000,000 for each of fiscal years 2018 through 
     2021.
       (b) Disadvantaged Business Enterprises.--
       (1) Findings.--Congress finds that--
       (A) while significant progress has occurred due to the 
     establishment of the disadvantaged business enterprise 
     program, discrimination and related barriers continue to pose 
     significant obstacles for minority- and women-owned 
     businesses seeking to do business in federally assisted 
     surface transportation markets across the United States;
       (B) the continuing barriers described in subparagraph (A) 
     merit the continuation of the disadvantaged business 
     enterprise program;
       (C) Congress has received and reviewed testimony and 
     documentation of race and gender discrimination from numerous 
     sources, including congressional hearings and roundtables, 
     scientific reports, reports issued by public and private 
     agencies, news stories, reports of discrimination by 
     organizations and individuals, and discrimination lawsuits, 
     which show that race- and gender-neutral efforts alone are 
     insufficient to address the problem;
       (D) the testimony and documentation described in 
     subparagraph (C) demonstrate that discrimination across the 
     United States poses a barrier to full and fair participation 
     in surface transportation-related businesses of women 
     business owners and minority business owners and has impacted 
     firm development and many aspects of surface transportation-
     related business in the public and private markets; and
       (E) the testimony and documentation described in 
     subparagraph (C) provide a strong basis that there is a 
     compelling need for the continuation of the disadvantaged 
     business enterprise program to address race and gender 
     discrimination in surface transportation-related business.
       (2) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Small business concern.--
       (i) In general.--The term ``small business concern'' means 
     a small business concern (as the term is used in section 3 of 
     the Small Business Act (15 U.S.C. 632)).
       (ii) Exclusions.--The term ``small business concern'' does 
     not include any concern or group of concerns controlled by 
     the same socially and economically disadvantaged individual 
     or individuals that have average annual gross receipts during 
     the preceding 3 fiscal years in excess of $23,980,000, as 
     adjusted annually by the Secretary for inflation.

[[Page H7520]]

       (B) Socially and economically disadvantaged individuals.--
     The term ``socially and economically disadvantaged 
     individuals'' has the meaning given the term in section 8(d) 
     of the Small Business Act (15 U.S.C. 637(d)) and relevant 
     subcontracting regulations issued pursuant to that Act, 
     except that women shall be presumed to be socially and 
     economically disadvantaged individuals for purposes of this 
     subsection.
       (3) Amounts for small business concerns.--Except to the 
     extent that the Secretary determines otherwise, not less than 
     10 percent of the amounts made available for any program 
     under titles I, II, III, and VI of this Act and section 403 
     of title 23, United States Code, shall be expended through 
     small business concerns owned and controlled by socially and 
     economically disadvantaged individuals.
       (4) Annual listing of disadvantaged business enterprises.--
     Each State shall annually--
       (A) survey and compile a list of the small business 
     concerns referred to in paragraph (3) in the State, including 
     the location of the small business concerns in the State; and
       (B) notify the Secretary, in writing, of the percentage of 
     the small business concerns that are controlled by--
       (i) women;
       (ii) socially and economically disadvantaged individuals 
     (other than women); and
       (iii) individuals who are women and are otherwise socially 
     and economically disadvantaged individuals.
       (5) Uniform certification.--
       (A) In general.--The Secretary shall establish minimum 
     uniform criteria for use by State governments in certifying 
     whether a concern qualifies as a small business concern for 
     the purpose of this subsection.
       (B) Inclusions.--The minimum uniform criteria established 
     under subparagraph (A) shall include, with respect to a 
     potential small business concern--
       (i) on-site visits;
       (ii) personal interviews with personnel;
       (iii) issuance or inspection of licenses;
       (iv) analyses of stock ownership;
       (v) listings of equipment;
       (vi) analyses of bonding capacity;
       (vii) listings of work completed;
       (viii) examination of the resumes of principal owners;
       (ix) analyses of financial capacity; and
       (x) analyses of the type of work preferred.
       (6) Reporting.--The Secretary shall establish minimum 
     requirements for use by State governments in reporting to the 
     Secretary--
       (A) information concerning disadvantaged business 
     enterprise awards, commitments, and achievements; and
       (B) such other information as the Secretary determines to 
     be appropriate for the proper monitoring of the disadvantaged 
     business enterprise program.
       (7) Compliance with court orders.--Nothing in this 
     subsection limits the eligibility of an individual or entity 
     to receive funds made available under titles I, II, III, and 
     VI of this Act and section 403 of title 23, United States 
     Code, if the entity or person is prevented, in whole or in 
     part, from complying with paragraph (3) because a Federal 
     court issues a final order in which the court finds that a 
     requirement or the implementation of paragraph (3) is 
     unconstitutional.

     SEC. 1102. OBLIGATION CEILING.

       (a) General Limitation.--Subject to subsection (e), and 
     notwithstanding any other provision of law, the obligations 
     for Federal-aid highway and highway safety construction 
     programs shall not exceed--
       (1) $40,867,000,000 for fiscal year 2016;
       (2) $41,599,000,000 for fiscal year 2017;
       (3) $42,453,000,000 for fiscal year 2018;
       (4) $43,307,000,000 for fiscal year 2019;
       (5) $44,201,000,000 for fiscal year 2020; and
       (6) $45,096,000,000 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) Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century (112 Stat. 107) or subsequent Acts 
     for multiple years or to remain available until expended, but 
     only to the extent that the obligation authority has not 
     lapsed or been used;
       (10) section 105 of title 23, United States Code (as in 
     effect for fiscal years 2005 through 2012, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
     Stat. 1248), to the extent that funds obligated in accordance 
     with that section were not subject to a limitation on 
     obligations at the time at which the funds were initially 
     made available for obligation;
       (12) section 119 of title 23, United States Code (as in 
     effect for fiscal years 2013 through 2015, but only in an 
     amount equal to $639,000,000 for each of those fiscal years); 
     and
       (13) section 119 of title 23, United States Code (but, for 
     fiscal years 2016 through 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--
       (1) shall not distribute obligation authority provided by 
     subsection (a) for the fiscal year for--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) shall not distribute an amount of obligation authority 
     provided by subsection (a) that is equal to the unobligated 
     balance of amounts--
       (A) made available from the Highway Trust Fund (other than 
     the Mass Transit Account) for Federal-aid highway and highway 
     safety construction programs for previous fiscal years the 
     funds for which are allocated by the Secretary (or 
     apportioned by the Secretary under section 202 or 204 of 
     title 23, United States Code); and
       (B) for which obligation authority was provided in a 
     previous fiscal year;
       (3) shall determine the proportion that--
       (A) the obligation authority provided by subsection (a) for 
     the fiscal year, less the aggregate of amounts not 
     distributed under paragraphs (1) and (2) of this subsection; 
     bears to
       (B) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs (other than sums authorized to be appropriated for 
     provisions of law described in paragraphs (1) through (12) of 
     subsection (b) and sums authorized to be appropriated for 
     section 119 of title 23, United States Code, equal to the 
     amount referred to in subsection (b)(13) for the fiscal 
     year), less the aggregate of the amounts not distributed 
     under paragraphs (1) and (2) of this subsection;
       (4) shall distribute the obligation authority provided by 
     subsection (a), less the aggregate amounts not distributed 
     under paragraphs (1) and (2), for each of the programs (other 
     than programs to which paragraph (1) applies) that are 
     allocated by the Secretary under this Act and title 23, 
     United States Code, or apportioned by the Secretary under 
     sections 202 or 204 of that title, by multiplying--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for the fiscal year; and
       (5) shall distribute the obligation authority provided by 
     subsection (a), less the aggregate amounts not distributed 
     under paragraphs (1) and (2) and the amounts distributed 
     under paragraph (4), for Federal-aid highway and highway 
     safety construction programs that are apportioned by the 
     Secretary under title 23, United States Code (other than the 
     amounts apportioned for the national highway performance 
     program in section 119 of title 23, United States Code, that 
     are exempt from the limitation under subsection (b)(13) and 
     the amounts apportioned under sections 202 and 204 of that 
     title) in the proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for the fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for the fiscal year.
       (d) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (c), the Secretary shall, after 
     August 1 of each of fiscal years 2016 through 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 (Public Law 112-141)) and 104 of title 
     23, United States Code.
       (e) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), 
     obligation limitations imposed by subsection (a) shall apply 
     to contract authority for transportation research programs 
     carried out under--
       (A) chapter 5 of title 23, United States Code; and
       (B) title VI of this Act.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (f) Redistribution of Certain Authorized Funds.--

[[Page H7521]]

       (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. 1103. DEFINITIONS.

       Section 101(a) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (29);
       (2) by redesignating paragraphs (15) through (28) as 
     paragraphs (16) through (29), respectively; and
       (3) by inserting after paragraph (14) the following:
       ``(15) National highway freight network.--The term 
     `National Highway Freight Network' means the National Highway 
     Freight Network established under section 167.''.

     SEC. 1104. APPORTIONMENT.

       (a) Administrative Expenses.--Section 104(a)(1) of title 
     23, United States Code, is amended to read as follows:
       ``(1) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to be made available to the Secretary for 
     administrative expenses of the Federal Highway Administration 
     $440,000,000 for each of fiscal years 2016 through 2021.''.
       (b) Division Among Programs of State's Share of Base 
     Apportionment.--Section 104(b) of title 23, United States 
     Code, is amended--
       (1) in the subsection heading by striking ``Division of 
     State Apportionments Among Programs'' and inserting 
     ``Division Among Programs of State's Share of Base 
     Apportionment'';
       (2) in the matter preceding paragraph (1)--
       (A) by inserting ``of the base apportionment'' after ``the 
     amount''; and
       (B) by striking ``surface transportation program'' and 
     inserting ``surface transportation block grant program'';
       (3) in paragraph (2)--
       (A) in the paragraph heading by striking ``Surface 
     transportation program'' and inserting ``Surface 
     transportation block grant program''; and
       (B) by striking ``surface transportation program'' and 
     inserting ``surface transportation block grant program''; and
       (4) in each of paragraphs (4) and (5), in the matter 
     preceding subparagraph (A), by inserting ``of the base 
     apportionment'' after ``the amount''.
       (c) Calculation of State Amounts.--Section 104(c) of title 
     23, United States Code, is amended to read as follows:
       ``(c) Calculation of Amounts.--
       ``(1) State share.--For each of fiscal years 2016 through 
     2021, the amount for each State shall be determined as 
     follows:
       ``(A) Initial amounts.--The initial amounts for each State 
     shall be determined by multiplying--
       ``(i) each of--

       ``(I) the base apportionment;
       ``(II) supplemental funds reserved under subsection (h)(1) 
     for the national highway performance program; and
       ``(III) supplemental funds reserved under subsection (h)(2) 
     for the surface transportation block grant program; by

       ``(ii) the share for each State, which shall be equal to 
     the proportion that--

       ``(I) the amount of apportionments that the State received 
     for fiscal year 2015; bears to
       ``(II) the amount of those apportionments received by all 
     States for that fiscal year.

       ``(B) Adjustments to amounts.--The initial amounts 
     resulting from the calculation under subparagraph (A) shall 
     be adjusted to ensure that each State receives an aggregate 
     apportionment equal to at least 95 percent of the estimated 
     tax payments attributable to highway users in the State paid 
     into the Highway Trust Fund (other than the Mass Transit 
     Account) in the most recent fiscal year for which data are 
     available.
       ``(2) State apportionment.--On October 1 of fiscal years 
     2016 through 2021, the Secretary shall apportion the sums 
     authorized to be appropriated for expenditure on the national 
     highway performance program under section 119, the surface 
     transportation block grant program under section 133, the 
     highway safety improvement program under section 148, the 
     congestion mitigation and air quality improvement program 
     under section 149, and to carry out section 134 in accordance 
     with paragraph (1).''.
       (d) Supplemental Funds.--Section 104 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(h) Supplemental Funds.--
       ``(1) Supplemental funds for national highway performance 
     program.--
       ``(A) Amount.--Before making an apportionment for a fiscal 
     year under subsection (c), the Secretary shall reserve for 
     the national highway performance program under section 119 
     for that fiscal year an amount equal to--
       ``(i) $53,596,122 for fiscal year 2019;
       ``(ii) $66,717,816 for fiscal year 2020; and
       ``(iii) $79,847,397 for fiscal year 2021.
       ``(B) Treatment of funds.--Funds reserved under 
     subparagraph (A) and apportioned to a State under subsection 
     (c) shall be treated as if apportioned under subsection 
     (b)(1), and shall be in addition to amounts apportioned under 
     that subsection.
       ``(2) Supplemental funds for surface transportation block 
     grant program.--
       ``(A) Amount.--Before making an apportionment for a fiscal 
     year under subsection (c), the Secretary shall reserve for 
     the surface transportation block grant program under section 
     133 for that fiscal year an amount equal to $819,900,000 
     pursuant to section 133(h), plus--
       ``(i) $70,526,310 for fiscal year 2016;
       ``(ii) $104,389,904 for fiscal year 2017;
       ``(iii) $148,113,536 for fiscal year 2018;
       ``(iv) $160,788,367 for fiscal year 2019;
       ``(v) $200,153,448 for fiscal year 2020; and
       ``(vi) $239,542,191 for fiscal year 2021.
       ``(B) Treatment of funds.--Funds reserved under 
     subparagraph (A) and apportioned to a State under subsection 
     (c) shall be treated as if apportioned under subsection 
     (b)(2), and shall be in addition to amounts apportioned under 
     that subsection.
       ``(i) Base Apportionment Defined.--In this section, the 
     term `base apportionment' means--
       ``(1) the combined amount authorized for appropriation for 
     the national highway performance program under section 119, 
     the surface transportation block grant program under section 
     133, the highway safety improvement program under section 
     148, the congestion mitigation and air quality improvement 
     program under section 149, and to carry out section 134; 
     minus
       ``(2) supplemental funds reserved under subsection (h) for 
     the national highway performance program and the surface 
     transportation block grant program.''.

     SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

       Section 119 of title 23, United States Code, is amended--
       (1) in subsection (e)(7)--
       (A) by striking ``this paragraph'' and inserting ``section 
     150(e)''; and
       (B) by inserting ``under section 150(e)'' after ``the next 
     report submitted''; and
       (2) by adding at the end the following:
       ``(h) TIFIA Program.--Upon Secretarial approval of credit 
     assistance under chapter 6, the Secretary, at the request of 
     a State, may allow the State to use funds apportioned under 
     section 104(b)(1) to pay subsidy and administrative costs 
     necessary to provide an eligible entity Federal credit 
     assistance under chapter 6 with respect to a project eligible 
     for assistance under this section.
       ``(i) Additional Funding Eligibility for Certain Bridges.--
       ``(1) In general.--Funds apportioned to a State to carry 
     out the national highway performance program may be obligated 
     for a project for the reconstruction, resurfacing, 
     restoration, rehabilitation, or preservation of a bridge not 
     on the National Highway System, if the bridge is on a 
     Federal-aid highway.
       ``(2) Limitation.--A State required to make obligations 
     under subsection (f) shall ensure such requirements are 
     satisfied in order to use the flexibility under paragraph 
     (1).''.

     SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

       (a) Findings.--Congress finds that--
       (1) the benefits of the surface transportation block grant 
     program accrue principally to the residents of each State and 
     municipality where the funds are obligated;
       (2) decisions about how funds should be obligated are best 
     determined by the States and municipalities to respond to 
     unique local circumstances and implement the most efficient 
     solutions; and
       (3) reforms of the program to promote flexibility will 
     enhance State and local control over transportation 
     decisions.
       (b) Surface Transportation Block Grant Program.--Section 
     133 of title 23, United States Code, is amended--
       (1) by striking subsections (a), (b), (c), and (d) and 
     inserting the following:
       ``(a) Establishment.--The Secretary shall establish a 
     surface transportation block grant program in accordance with 
     this section to provide flexible funding to address State and 
     local transportation needs.
       ``(b) Eligible Projects.--Funds apportioned to a State 
     under section 104(b)(2) for the surface transportation block 
     grant program may be obligated for the following:
       ``(1) Construction of--
       ``(A) highways, bridges, tunnels, including designated 
     routes of the Appalachian development highway system and 
     local access roads under section 14501 of title 40;
       ``(B) ferry boats and terminal facilities eligible for 
     funding under section 129(c);
       ``(C) transit capital projects eligible for assistance 
     under chapter 53 of title 49;
       ``(D) infrastructure-based intelligent transportation 
     systems capital improvements;
       ``(E) truck parking facilities eligible for funding under 
     section 1401 of MAP-21 (23 U.S.C. 137 note); and
       ``(F) border infrastructure projects eligible for funding 
     under section 1303 of SAFETEA-LU (23 U.S.C. 101 note).
       ``(2) Operational improvements and capital and operating 
     costs for traffic monitoring,

[[Page H7522]]

     management, and control facilities and programs.
       ``(3) Environmental measures eligible under sections 
     119(g), 328, and 329 and transportation control measures 
     listed in section 108(f)(1)(A) (other than clause (xvi) of 
     that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
       ``(4) Highway and transit safety infrastructure 
     improvements and programs, including railway-highway grade 
     crossings.
       ``(5) Fringe and corridor parking facilities and programs 
     in accordance with section 137 and carpool projects in 
     accordance with section 146.
       ``(6) Recreational trails projects eligible for funding 
     under section 206, pedestrian and bicycle projects in 
     accordance with section 217 (including modifications to 
     comply with accessibility requirements under the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and 
     the safe routes to school program under section 1404 of 
     SAFETEA-LU (23 U.S.C. 402 note).
       ``(7) Planning, design, or construction of boulevards and 
     other roadways largely in the right-of-way of former 
     Interstate System routes or other divided highways.
       ``(8) Development and implementation of a State asset 
     management plan for the National Highway System and a 
     performance-based management program for other public roads.
       ``(9) Protection (including painting, scour 
     countermeasures, seismic retrofits, impact protection 
     measures, security countermeasures, and protection against 
     extreme events) for bridges (including approaches to bridges 
     and other elevated structures) and tunnels on public roads, 
     and inspection and evaluation of bridges and tunnels and 
     other highway assets.
       ``(10) Surface transportation planning programs, highway 
     and transit research and development and technology transfer 
     programs, and workforce development, training, and education 
     under chapter 5 of this title.
       ``(11) Surface transportation infrastructure modifications 
     to facilitate direct intermodal interchange, transfer, and 
     access into and out of a port terminal.
       ``(12) Projects and strategies designed to support 
     congestion pricing, including electronic toll collection and 
     travel demand management strategies and programs.
       ``(13) At the request of a State, and upon Secretarial 
     approval of credit assistance under chapter 6, subsidy and 
     administrative costs necessary to provide an eligible entity 
     Federal credit assistance under chapter 6 with respect to a 
     project eligible for assistance under this section.
       ``(14) The creation and operation by a State of an office 
     to assist in the design, implementation, and oversight of 
     public-private partnerships eligible to receive funding under 
     this title and chapter 53 of title 49, and the payment of a 
     stipend to unsuccessful private bidders to offset their 
     proposal development costs, if necessary to encourage robust 
     competition in public-private partnership procurements.
       ``(15) Any type of project eligible under this section as 
     in effect on the day before the date of enactment of the 
     Surface Transportation Reauthorization and Reform Act of 
     2015, including projects described under section 101(a)(29) 
     as in effect on such day.
       ``(c) Location of Projects.--A surface transportation block 
     grant project may not be undertaken on a road functionally 
     classified as a local road or a rural minor collector unless 
     the road was on a Federal-aid highway system on January 1, 
     1991, except--
       ``(1) for a bridge or tunnel project (other than the 
     construction of a new bridge or tunnel at a new location);
       ``(2) for a project described in paragraphs (4) through 
     (11) of subsection (b);
       ``(3) for a project described in section 101(a)(29), as in 
     effect on the day before the date of enactment of the Surface 
     Transportation Reauthorization and Reform Act of 2015; and
       ``(4) as approved by the Secretary.
       ``(d) Allocations of Apportioned Funds to Areas Based on 
     Population.--
       ``(1) Calculation.--Of the funds apportioned to a State 
     under section 104(b)(2) (after the reservation of funds under 
     subsection (h))--
       ``(A) the percentage specified in paragraph (6) for a 
     fiscal year shall be obligated under this section, in 
     proportion to their relative shares of the population of the 
     State--
       ``(i) in urbanized areas of the State with an urbanized 
     area population of over 200,000;
       ``(ii) in areas of the State other than urban areas with a 
     population greater than 5,000; and
       ``(iii) in other areas of the State; and
       ``(B) the remainder may be obligated in any area of the 
     State.
       ``(2) Metropolitan areas.--Funds attributed to an urbanized 
     area under paragraph (1)(A)(i) may be obligated in the 
     metropolitan area established under section 134 that 
     encompasses the urbanized area.
       ``(3) Consultation with regional transportation planning 
     organizations.--For purposes of paragraph (1)(A)(iii), before 
     obligating funding attributed to an area with a population 
     greater than 5,000 and less than 200,000, a State shall 
     consult with the regional transportation planning 
     organizations that represent the area, if any.
       ``(4) Distribution among urbanized areas of over 200,000 
     population.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of funds that a State is required to obligate 
     under paragraph (1)(A)(i) shall be obligated in urbanized 
     areas described in paragraph (1)(A)(i) based on the relative 
     population of the areas.
       ``(B) Other factors.--The State may obligate the funds 
     described in subparagraph (A) based on other factors if the 
     State and the relevant metropolitan planning organizations 
     jointly apply to the Secretary for the permission to base the 
     obligation on other factors and the Secretary grants the 
     request.
       ``(5) Applicability of planning requirements.--Programming 
     and expenditure of funds for projects under this section 
     shall be consistent with sections 134 and 135.
       ``(6) Percentage.--The percentage referred to in paragraph 
     (1)(A) is--
       ``(A) for fiscal year 2016, 51 percent;
       ``(B) for fiscal year 2017, 52 percent;
       ``(C) for fiscal year 2018, 53 percent;
       ``(D) for fiscal year 2019, 54 percent;
       ``(E) for fiscal year 2020, 55 percent; and
       ``(F) for fiscal year 2021, 55 percent.'';
       (2) by striking the section heading and inserting ``Surface 
     transportation block grant program'';
       (3) by striking subsection (e);
       (4) by redesignating subsections (f) through (h) as 
     subsections (e) through (g), respectively;
       (5) in subsection (e)(1), as redesignated by this 
     subsection--
       (A) by striking ``104(b)(3)'' and inserting ``104(b)(2)''; 
     and
       (B) by striking ``fiscal years 2011 through 2014'' and 
     inserting ``fiscal years 2016 through 2021'';
       (6) in subsection (g)(1), as redesignated by this 
     subsection, by striking ``under subsection (d)(1)(A)(iii) for 
     each of fiscal years 2013 through 2014'' and inserting 
     ``under subsection (d)(1)(A)(ii) for each of fiscal years 
     2016 through 2021''; and
       (7) by adding at the end the following:
       ``(h) STP Set-Aside.--
       ``(1) Reservation of funds.--Of the funds apportioned to a 
     State under section 104(b)(2) for each fiscal year, the 
     Secretary shall reserve an amount such that--
       ``(A) the Secretary reserves a total of $819,900,000 under 
     this subsection; and
       ``(B) the State's share of that total is determined by 
     multiplying the amount under subparagraph (A) by the ratio 
     that--
       ``(i) the amount apportioned to the State for the 
     transportation enhancements program for fiscal year 2009 
     under section 133(d)(2), as in effect on the day before the 
     date of enactment of MAP-21; bears to
       ``(ii) the total amount of funds apportioned to all States 
     for the transportation enhancements program for fiscal year 
     2009.
       ``(2) Allocation within a state.--Funds reserved for a 
     State under paragraph (1) shall be obligated within that 
     State in the manner described in subsection (d), except that, 
     for purposes of this paragraph (after funds are made 
     available under paragraph (5))--
       ``(A) for each fiscal year, the percentage referred to in 
     paragraph (1)(A) of that subsection shall be deemed to be 50 
     percent; and
       ``(B) the following provisions shall not apply:
       ``(i) Paragraph (3) of subsection (d).
       ``(ii) Subsection (e).
       ``(3) Eligible projects.--Funds reserved under this 
     subsection may be obligated for projects or activities 
     described in section 101(a)(29) or 213, as such provisions 
     were in effect on the day before the date of enactment of the 
     Surface Transportation Reauthorization and Reform Act of 
     2015.
       ``(4) Access to funds.--
       ``(A) In general.--A State or metropolitan planning 
     organization required to obligate funds in accordance with 
     paragraph (2) shall develop a competitive process to allow 
     eligible entities to submit projects for funding that achieve 
     the objectives of this subsection. A metropolitan planning 
     organization for an area described in subsection (d)(1)(A)(i) 
     shall select projects under such process in consultation with 
     the relevant State.
       ``(B) Eligible entity defined.--In this paragraph, the term 
     `eligible entity' means--
       ``(i) a local government;
       ``(ii) a regional transportation authority;
       ``(iii) a transit agency;
       ``(iv) a natural resource or public land agency;
       ``(v) a school district, local education agency, or school;
       ``(vi) a tribal government; and
       ``(vii) any other local or regional governmental entity 
     with responsibility for or oversight of transportation or 
     recreational trails (other than a metropolitan planning 
     organization or a State agency) that the State determines to 
     be eligible, consistent with the goals of this subsection.
       ``(5) Continuation of certain recreational trails 
     projects.--For each fiscal year, a State shall--
       ``(A) obligate an amount of funds reserved under this 
     section equal to the amount of the funds apportioned to the 
     State for fiscal year 2009 under section 104(h)(2), as in 
     effect on the day before the date of enactment of MAP-21, for 
     projects relating to recreational trails under section 206;
       ``(B) return 1 percent of those funds to the Secretary for 
     the administration of that program; and
       ``(C) comply with the provisions of the administration of 
     the recreational trails program under section 206, including 
     the use of apportioned funds described in subsection 
     (d)(3)(A) of that section.
       ``(6) State flexibility.--
       ``(A) Recreational trails.--A State may opt out of the 
     recreational trails program under paragraph (5) if the 
     Governor of the

[[Page H7523]]

     State notifies the Secretary not later than 30 days prior to 
     apportionments being made for any fiscal year.
       ``(B) Large urbanized areas.--A metropolitan planning area 
     may use not to exceed 50 percent of the funds reserved under 
     this subsection for an urbanized area described in subsection 
     (d)(1)(A)(i) for any purpose eligible under subsection (b).
       ``(i) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects funded under this section 
     (excluding those carried out under subsection (h)(5)) shall 
     be treated as projects on a Federal-aid highway under this 
     chapter.''.
       (c) Technical and Conforming Amendments.--
       (1) Section 126.--Section 126(b)(2) of title 23, United 
     States Code, is amended--
       (A) by striking ``section 213'' and inserting ``section 
     133(h)''; and
       (B) by striking ``section 213(c)(1)(B)'' and inserting 
     ``section 133(h)''.
       (2) Section 213.--Section 213 of title 23, United States 
     Code, is repealed.
       (3) Section 322.--Section 322(h)(3) of title 23, United 
     States Code, is amended by striking ``surface transportation 
     program'' and inserting ``surface transportation block grant 
     program''.
       (4) Section 504.--Section 504(a)(4) of title 23, United 
     States Code, is amended--
       (A) by striking ``104(b)(3)'' and inserting ``104(b)(2)''; 
     and
       (B) by striking ``surface transportation program'' and 
     inserting ``surface transportation block grant program''.
       (5) Chapter 1.--Chapter 1 of title 23, United States Code, 
     is amended by striking ``surface transportation program'' 
     each place it appears and inserting ``surface transportation 
     block grant program''.
       (6) Chapter analyses.--
       (A) Chapter 1.--The analysis for chapter 1 of title 23, 
     United States Code, is amended by striking the item relating 
     to section 133 and inserting the following:

``133. Surface transportation block grant program.''.

       (B) Chapter 2.--The item relating to section 213 in the 
     analysis for chapter 2 of title 23, United States Code, is 
     repealed.
       (7) Other references.--Any reference in any other law, 
     regulation, document, paper, or other record of the United 
     States to the surface transportation program under section 
     133 of title 23, United States Code, shall be deemed to be a 
     reference to the surface transportation block grant program 
     under such section.

     SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS.

       Section 130(e)(1) of title 23, United States Code, is 
     amended to read as follows:
       ``(1) In general.--
       ``(A) Set aside.--Before making an apportionment under 
     section 104(b)(3) for a fiscal year, the Secretary shall set 
     aside, from amounts made available to carry out the highway 
     safety improvement program under section 148 for such fiscal 
     year, for the elimination of hazards and the installation of 
     protective devices at railway-highway crossings at least--
       ``(i) $225,000,000 for fiscal year 2016;
       ``(ii) $230,000,000 for fiscal year 2017;
       ``(iii) $235,000,000 for fiscal year 2018;
       ``(iv) $240,000,000 for fiscal year 2019;
       ``(v) $245,000,000 for fiscal year 2020; and
       ``(vi) $250,000,000 for fiscal year 2021.
       ``(B) Installation of protective devices.--At least \1/2\ 
     of the funds set aside each fiscal year under subparagraph 
     (A) shall be available for the installation of protective 
     devices at railway-highway crossings.
       ``(C) Obligation availability.--Sums set aside each fiscal 
     year under subparagraph (A) shall be available for obligation 
     in the same manner as funds apportioned under section 
     104(b)(1) of this title.''.

     SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       (a) Definitions.--
       (1) In general.--Section 148(a) of title 23, United States 
     Code, is amended--
       (A) in paragraph (4)(B)--
       (i) in the matter preceding clause (i), by striking 
     ``includes, but is not limited to,'' and inserting ``only 
     includes''; and
       (ii) by adding at the end the following:
       ``(xxv) Installation of vehicle-to-infrastructure 
     communication equipment.
       ``(xxvi) Pedestrian hybrid beacons.
       ``(xxvii) Roadway improvements that provide separation 
     between pedestrians and motor vehicles, including medians and 
     pedestrian crossing islands.
       ``(xxviii) A physical infrastructure safety project not 
     described in clauses (i) through (xxvii).'';
       (B) by striking paragraph (10); and
       (C) by redesignating paragraphs (11) through (13) as 
     paragraphs (10) through (12), respectively.
       (2) Conforming amendments.--Section 148 of title 23, United 
     States Code, is amended--
       (A) in subsection (c)(1)(A) by striking ``subsections 
     (a)(12)'' and inserting ``subsections (a)(11)''; and
       (B) in subsection (d)(2)(B)(i) by striking ``subsection 
     (a)(12)'' and inserting ``subsection (a)(11)''.
       (b) Data Collection.--Section 148(f) of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(3) Process.--The Secretary shall establish a process to 
     allow a State to cease to collect the subset referred to in 
     paragraph (2)(A) for public roads that are gravel roads or 
     otherwise unpaved if--
       ``(A) the State does not use funds provided to carry out 
     this section for a project on such roads until the State 
     completes a collection of the required model inventory of 
     roadway elements for the roads; and
       ``(B) the State demonstrates that the State consulted with 
     affected Indian tribes before ceasing to collect data with 
     respect to such roads that are included in the National 
     Tribal Transportation Facility Inventory.
       ``(4) Rule of construction.--Nothing in paragraph (3) may 
     be construed to allow a State to cease data collection 
     related to serious injuries or fatalities.''.
       (c) Rural Road Safety.--Section 148(g)(1) of title 23, 
     United States Code, is amended--
       (1) by striking ``If the fatality rate'' and inserting the 
     following:
       ``(A) In general.--If the fatality rate''; and
       (2) by adding at the end the following:
       ``(B) Fatalities exceeding the median rate.--If the 
     fatality rate on rural roads in a State, for the most recent 
     2-year period for which data is available, is more than the 
     median fatality rate for rural roads among all States for 
     such 2-year period, the State shall be required to 
     demonstrate, in the subsequent State strategic highway safety 
     plan of the State, strategies to address fatalities and 
     achieve safety improvements on high risk rural roads.''.
       (d) Commercial Motor Vehicle Safety Best Practices.--
       (1) Review.--The Secretary shall conduct a review of best 
     practices with respect to the implementation of roadway 
     safety infrastructure improvements that--
       (A) are cost effective; and
       (B) reduce the number or severity of accidents involving 
     commercial motor vehicles.
       (2) Consultation.--In conducting the review under paragraph 
     (1), the Secretary shall consult with State transportation 
     departments and units of local government.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate, and make available on the public 
     Internet Web site of the Department, a report describing the 
     results of the review conducted under paragraph (1).

     SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                   PROGRAM.

       (a) Eligible Projects.--Section 149(b) of title 23, United 
     States Code, is amended--
       (1) in paragraph (7) by striking ``or'' at the end;
       (2) in paragraph (8) by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(9) if the project or program is for the installation of 
     vehicle-to-infrastructure communication equipment.''.
       (b) States Flexibility.--Section 149(d) of title 23, United 
     States Code, is amended to read as follows:
       ``(d) States Flexibility.--
       ``(1) States without a nonattainment area.--If a State does 
     not have, and never has had, a nonattainment area designated 
     under the Clean Air Act (42 U.S.C. 7401 et seq.), the State 
     may use funds apportioned to the State under section 
     104(b)(4) for any project in the State that--
       ``(A) would otherwise be eligible under subsection (b) if 
     the project were carried out in a nonattainment or 
     maintenance area; or
       ``(B) is eligible under the surface transportation block 
     grant program under section 133.
       ``(2) States with a nonattainment area.--
       ``(A) In general.--If a State has a nonattainment area or 
     maintenance area and received funds in fiscal year 2009 under 
     section 104(b)(2)(D), as in effect on the day before the date 
     of enactment of the MAP-21, above the amount of funds that 
     the State would have received based on the nonattainment and 
     maintenance area population of the State under subparagraphs 
     (B) and (C) of section 104(b)(2), as in effect on the day 
     before the date of enactment of the MAP-21, the State may 
     use, for any project that would otherwise be eligible under 
     subsection (b) if the project were carried out in a 
     nonattainment or maintenance area or is eligible under the 
     surface transportation block grant program under section 133, 
     an amount of funds apportioned to such State under section 
     104(b)(4) that is equal to the product obtained by 
     multiplying--
       ``(i) the amount apportioned to such State under section 
     104(b)(4) (excluding the amounts reserved for obligation 
     under subsection (k)(1)); by
       ``(ii) the ratio calculated under subparagraph (B).
       ``(B) Ratio.--For purposes of this paragraph, the ratio 
     shall be calculated as the proportion that--
       ``(i) the amount for fiscal year 2009 such State was 
     permitted by section 149(c)(2), as in effect on the day 
     before the date of enactment of the MAP-21, to obligate in 
     any area of the State for projects eligible under section 
     133, as in effect on the day before the date of enactment of 
     the MAP-21; bears to
       ``(ii) the total apportionment to such State for fiscal 
     year 2009 under section 104(b)(2), as in effect on the day 
     before the date of enactment of the MAP-21.
       ``(3) Changes in designation.--If a new nonattainment area 
     is designated or a previously designated nonattainment area 
     is redesignated as an attainment area in a State under the 
     Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall 
     modify, in a manner consistent with the approach that was in

[[Page H7524]]

     effect on the day before the date of enactment of MAP-21, the 
     amount such State is permitted to obligate in any area of the 
     State for projects eligible under section 133.''.
       (c) Priority Consideration.--Section 149(g)(3) of title 23, 
     United States Code, is amended to read as follows:
       ``(3) Priority consideration.--
       ``(A) In general.--In distributing funds received for 
     congestion mitigation and air quality projects and programs 
     from apportionments under section 104(b)(4) in areas 
     designated as nonattainment or maintenance for PM2.5 under 
     the Clean Air Act (42 U.S.C. 7401 et seq.) and where regional 
     motor vehicle emissions are not an insignificant contributor 
     to the air quality problem for PM2.5, States and metropolitan 
     planning organizations shall give priority to projects, 
     including diesel retrofits, that are proven to reduce direct 
     emissions of PM2.5.
       ``(B) Use of funding.--To the maximum extent practicable, 
     funding used in an area described in subparagraph (A) shall 
     be used on the most cost-effective projects and programs that 
     are proven to reduce directly emitted fine particulate 
     matter.''.
       (d) Priority for Use of Funds in PM2.5 Areas.--Section 
     149(k) of title 23, United States Code, is amended--
       (1) in paragraph (1) by striking ``such fine particulate'' 
     and inserting ``directly emitted fine particulate''; and
       (2) by adding at the end the following:
       ``(3) PM2.5 nonattainment and maintenance in low population 
     density states.--
       ``(A) Exception.--For any State with a population density 
     of 80 or fewer persons per square mile of land area, based on 
     the most recent decennial census, subsection (g)(3) and 
     paragraphs (1) and (2) of this subsection do 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.''.
       (e) Performance Plan.--Section 149(l)(1)(B) of title 23, 
     United States Code, is amended by inserting ``emission and 
     congestion reduction'' after ``achieving the''.

     SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY.

       (a) In General.--Section 167 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 167. National highway freight policy

       ``(a) In General.--It is the policy of the United States to 
     improve the condition and performance of the National Highway 
     Freight Network established under this section to ensure that 
     the Network provides a foundation for the United States to 
     compete in the global economy and achieve the goals described 
     in subsection (b).
       ``(b) Goals.--The goals of the national highway freight 
     policy are--
       ``(1) to invest in infrastructure improvements and to 
     implement operational improvements that--
       ``(A) strengthen the contribution of the National Highway 
     Freight Network to the economic competitiveness of the United 
     States;
       ``(B) reduce congestion and bottlenecks on the National 
     Highway Freight Network; and
       ``(C) increase productivity, particularly for domestic 
     industries and businesses that create high-value jobs;
       ``(2) to improve the safety, security, and resilience of 
     highway freight transportation;
       ``(3) to improve the state of good repair of the National 
     Highway Freight Network;
       ``(4) to use innovation and advanced technology to improve 
     the safety, efficiency, and reliability of the National 
     Highway Freight Network;
       ``(5) to improve the economic efficiency of the National 
     Highway Freight Network;
       ``(6) to improve the short and long distance movement of 
     goods that--
       ``(A) travel across rural areas between population centers; 
     and
       ``(B) travel between rural areas and population centers;
       ``(7) to improve the flexibility of States to support 
     multi-State corridor planning and the creation of multi-State 
     organizations to increase the ability of States to address 
     highway freight connectivity; and
       ``(8) to reduce the environmental impacts of freight 
     movement on the National Highway Freight Network.
       ``(c) Establishment of National Highway Freight Network.--
       ``(1) In general.--The Secretary shall establish a National 
     Highway Freight Network in accordance with this section to 
     strategically direct Federal resources and policies toward 
     improved performance of the Network.
       ``(2) Network components.--The National Highway Freight 
     Network shall consist of--
       ``(A) the Interstate System;
       ``(B) non-Interstate highway segments on the 41,000-mile 
     comprehensive primary freight network developed by the 
     Secretary under section 167(d) as in effect on the day before 
     the date of enactment of the Surface Transportation 
     Reauthorization and Reform Act of 2015; and
       ``(C) additional non-Interstate highway segments designated 
     by the States under subsection (d).
       ``(d) State Additions to Network.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Surface Transportation Reauthorization and 
     Reform Act of 2015, each State, in consultation with the 
     State freight advisory committee, may increase the number of 
     miles designated as part of the National Highway Freight 
     Network by not more than 10 percent of the miles designated 
     in that State under subparagraphs (A) and (B) of subsection 
     (c)(2) if the additional miles--
       ``(A) close gaps between segments of the National Highway 
     Freight Network;
       ``(B) establish connections from the National Highway 
     Freight Network to critical facilities for the efficient 
     movement of freight, including ports, freight railroads, 
     international border crossings, airports, intermodal 
     facilities, warehouse and logistics centers, and agricultural 
     facilities; or
       ``(C) are part of critical emerging freight corridors or 
     critical commerce corridors.
       ``(2) Submission.--Each State shall--
       ``(A) submit to the Secretary a list of the additional 
     miles added under this subsection; and
       ``(B) certify that the additional miles meet the 
     requirements of paragraph (1).
       ``(e) Redesignation.--
       ``(1) Redesignation by secretary.--
       ``(A) In general.--Effective beginning 5 years after the 
     date of enactment of the Surface Transportation 
     Reauthorization and Reform Act of 2015, and every 5 years 
     thereafter, the Secretary shall redesignate the highway 
     segments designated by the Secretary under subsection 
     (c)(2)(B) that are on the National Highway Freight Network.
       ``(B) Considerations.--In redesignating highway segments 
     under subparagraph (A), the Secretary shall consider--
       ``(i) changes in the origins and destinations of freight 
     movements in the United States;
       ``(ii) changes in the percentage of annual average daily 
     truck traffic in the annual average daily traffic on 
     principal arterials;
       ``(iii) changes in the location of key facilities;
       ``(iv) critical emerging freight corridors; and
       ``(v) network connectivity.
       ``(C) Limitation.--Each redesignation under subparagraph 
     (A) may increase the mileage on the National Highway Freight 
     Network designated by the Secretary by not more than 3 
     percent.
       ``(2) Redesignation by states.--
       ``(A) In general.--Effective beginning 5 years after the 
     date of enactment of the Surface Transportation 
     Reauthorization and Reform Act of 2015, and every 5 years 
     thereafter, each State may, in consultation with the State 
     freight advisory committee, redesignate the highway segments 
     designated by the State under subsection (c)(2)(C) that are 
     on the National Highway Freight Network.
       ``(B) Considerations.--In redesignating highway segments 
     under subparagraph (A), the State shall consider--
       ``(i) gaps between segments of the National Highway Freight 
     Network;
       ``(ii) needed connections from the National Highway Freight 
     Network to critical facilities for the efficient movement of 
     freight, including ports, freight railroads, international 
     border crossings, airports, intermodal facilities, warehouse 
     and logistics centers, and agricultural facilities; and
       ``(iii) critical emerging freight corridors or critical 
     commerce corridors.
       ``(C) Limitation.--Each redesignation under subparagraph 
     (A) may increase the mileage on the National Highway Freight 
     Network designated by the State by not more than 3 percent.
       ``(D) Resubmission.--Each State, under the advisement of 
     the State freight advisory committee, shall--
       ``(i) submit to the Secretary a list of the miles 
     redesignated under this paragraph; and
       ``(ii) certify that the redesignated miles meet the 
     requirements of subsection (d)(1).''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 167 and inserting the following:

``167. National highway freight policy.''.

     SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY 
                   PROJECTS.

       (a) In General.--Title 23, United States Code, is amended 
     by inserting after section 116 the following:

     ``Sec. 117. Nationally significant freight and highway 
       projects

       ``(a) Establishment.--There is established a nationally 
     significant freight and highway projects program to provide 
     financial assistance for projects of national or regional 
     significance that will--
       ``(1) improve the safety, efficiency, and reliability of 
     the movement of freight and people;
       ``(2) generate national or regional economic benefits and 
     an increase in the global economic competitiveness of the 
     United States;
       ``(3) reduce highway congestion and bottlenecks;
       ``(4) improve connectivity between modes of freight 
     transportation; or
       ``(5) enhance the strength, durability, and serviceability 
     of critical highway infrastructure.
       ``(b) Grant Authority.--In carrying out the program 
     established in subsection (a),

[[Page H7525]]

     the Secretary may make grants, on a competitive basis, in 
     accordance with this section.
       ``(c) Eligible Applicants.--
       ``(1) In general.--The Secretary may make a grant under 
     this section to the following:
       ``(A) A State or group of States.
       ``(B) A metropolitan planning organization that serves an 
     urbanized area (as defined by the Bureau of the Census) with 
     a population of more than 200,000 individuals.
       ``(C) A unit of local government.
       ``(D) A special purpose district or public authority with a 
     transportation function, including a port authority.
       ``(E) A Federal land management agency that applies jointly 
     with a State or group of States.
       ``(2) Applications.--To be eligible for a grant under this 
     section, an entity specified in paragraph (1) shall submit to 
     the Secretary an application in such form, at such time, and 
     containing such information as the Secretary determines is 
     appropriate.
       ``(d) Eligible Projects.--
       ``(1) In general.--Except as provided in subsection (h), 
     the Secretary may make a grant under this section only for a 
     project that--
       ``(A) is--
       ``(i) a freight project carried out on the National Highway 
     Freight Network established under section 167 of this title;
       ``(ii) a highway or bridge project carried out on the 
     National Highway System;
       ``(iii) an intermodal or rail freight project carried out 
     on the National Multimodal Freight Network established under 
     section 70103 of title 49; or
       ``(iv) a railway-highway grade crossing or grade separation 
     project; and
       ``(B) has eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i) $100,000,000; or
       ``(ii) in the case of a project--

       ``(I) located in 1 State, 30 percent of the amount 
     apportioned under this chapter to the State in the most 
     recently completed fiscal year; or
       ``(II) located in more than 1 State, 50 percent of the 
     amount apportioned under this chapter to the participating 
     State with the largest apportionment under this chapter in 
     the most recently completed fiscal year.

       ``(2) Limitation.--
       ``(A) In general.--Not more than $500,000,000 of the 
     amounts made available for grants under this section for 
     fiscal years 2016 through 2021, in the aggregate, may be used 
     to make grants for projects described in paragraph 
     (1)(A)(iii) and such a project may only receive a grant under 
     this section if--
       ``(i) the project will make a significant improvement to 
     freight movements on the National Highway Freight Network; 
     and
       ``(ii) the Federal share of the project funds only elements 
     of the project that provide public benefits.
       ``(B) Exclusions.--The limitation under subparagraph (A) 
     shall--
       ``(i) not apply to a railway-highway grade crossing or 
     grade separation project; and
       ``(ii) with respect to a multimodal project, shall apply 
     only to the non-highway portion or portions of the project.
       ``(e) Eligible Project Costs.--Grant amounts received for a 
     project under this section may be used for--
       ``(1) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities; and
       ``(2) construction, reconstruction, rehabilitation, 
     acquisition of real property (including land related to the 
     project and improvements to the land), environmental 
     mitigation, construction contingencies, acquisition of 
     equipment, and operational improvements.
       ``(f) Project Requirements.--The Secretary may make a grant 
     for a project described under subsection (d) only if the 
     relevant applicant demonstrates that--
       ``(1) the project will generate national or regional 
     economic, mobility, or safety benefits;
       ``(2) the project will be cost effective;
       ``(3) the project will contribute to the accomplishment of 
     1 or more of the national goals described under section 150 
     of this title;
       ``(4) the project is based on the results of preliminary 
     engineering;
       ``(5) with respect to related non-Federal financial 
     commitments--
       ``(A) 1 or more stable and dependable sources of funding 
     and financing are available to construct, maintain, and 
     operate the project; and
       ``(B) contingency amounts are available to cover 
     unanticipated cost increases;
       ``(6) the project cannot be easily addressed using other 
     funding available to the project sponsor under this chapter; 
     and
       ``(7) the project is reasonably expected to begin 
     construction not later than 18 months after the date of 
     obligation of funds for the project.
       ``(g) Additional Considerations.--In making a grant under 
     this section, the Secretary shall consider--
       ``(1) the extent to which a project utilizes nontraditional 
     financing, innovative design and construction techniques, or 
     innovative technologies;
       ``(2) the amount and source of non-Federal contributions 
     with respect to the proposed project; and
       ``(3) the need for geographic diversity among grant 
     recipients, including the need for a balance between the 
     needs of rural and urban communities.
       ``(h) Reserved Amounts.--
       ``(1) In general.--The Secretary shall reserve not less 
     than 10 percent of the amounts made available for grants 
     under this section each fiscal year to make grants for 
     projects described in subsection (d)(1)(A)(i) that do not 
     satisfy the minimum threshold under subsection (d)(1)(B).
       ``(2) Grant amount.--Each grant made under this subsection 
     shall be in an amount that is at least $5,000,000.
       ``(3) Project selection considerations.--In addition to 
     other applicable requirements, in making grants under this 
     subsection the Secretary shall consider--
       ``(A) the cost effectiveness of the proposed project; and
       ``(B) the effect of the proposed project on mobility in the 
     State and region in which the project is carried out.
       ``(4) Excess funding.--In any fiscal year in which 
     qualified applications for grants under this subsection will 
     not allow for the amount reserved under paragraph (1) to be 
     fully utilized, the Secretary shall use the unutilized 
     amounts to make other grants under this section.
       ``(5) Rural areas.--The Secretary shall reserve not less 
     than 20 percent of the amounts made available for grants 
     under this section, including the amounts made available 
     under paragraph (1), each fiscal year to make grants for 
     projects located in rural areas.
       ``(i) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project assisted with a grant under this section may not 
     exceed 50 percent.
       ``(2) Non-federal share.--Funds apportioned to a State 
     under section 104(b)(1) or 104(b)(2) may be used to satisfy 
     the non-Federal share of the cost of a project for which a 
     grant is made under this section so long as the total amount 
     of Federal funding for the project does not exceed 80 percent 
     of project costs.
       ``(j) Agreements To Combine Amounts.--Two or more entities 
     specified in subsection (c)(1) may combine, pursuant to an 
     agreement entered into by the entities, any part of the 
     amounts provided to the entities from grants under this 
     section for a project for which the relevant grants were made 
     if--
       ``(1) the agreement will benefit each entity entering into 
     the agreement; and
       ``(2) the agreement is not in violation of a law of any 
     such entity.
       ``(k) Treatment of Freight Projects.--Notwithstanding any 
     other provision of law, a freight project carried out under 
     this section shall be treated as if the project is located on 
     a Federal-aid highway.
       ``(l) TIFIA Program.--At the request of an eligible 
     applicant under this section, the Secretary may use amounts 
     awarded to the entity to pay subsidy and administrative costs 
     necessary to provide the entity Federal credit assistance 
     under chapter 6 with respect to the project for which the 
     grant was awarded.
       ``(m) Congressional Notification.--
       ``(1) Notification.--At least 60 days before making a grant 
     for a project under this section, the Secretary shall notify, 
     in writing, the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate of 
     the proposed grant. The notification shall include an 
     evaluation and justification for the project and the amount 
     of the proposed grant award.
       ``(2) Congressional disapproval.--The Secretary may not 
     make a grant or any other obligation or commitment to fund a 
     project under this section if a joint resolution is enacted 
     disapproving funding for the project before the last day of 
     the 60-day period described in paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 116 the following:

``117. Nationally significant freight and highway projects.''.

       (c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 
     note), and the item relating to that section in the table of 
     contents in section 1(b) of such Act, are repealed.

     SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

       Section 165(a) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1) by striking ``$150,000,000'' and 
     inserting ``$158,000,000''; and
       (2) in paragraph (2) by striking ``$40,000,000'' and 
     inserting ``$42,000,000''.

     SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAM.

       Section 201(c)(6) of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(C) Tribal data collection.--In addition to the data to 
     be collected under subparagraph (A), not later than 90 days 
     after the last day of each fiscal year, any entity carrying 
     out a project under the tribal transportation program under 
     section 202 shall submit to the Secretary and the Secretary 
     of the Interior, based on obligations and expenditures under 
     the tribal transportation program during the preceding fiscal 
     year, the following data:
       ``(i) The names of projects and activities carried out by 
     the entity under the tribal transportation program during the 
     preceding fiscal year.
       ``(ii) A description of the projects and activities 
     identified under clause (i).
       ``(iii) The current status of the projects and activities 
     identified under clause (i).

[[Page H7526]]

       ``(iv) An estimate of the number of jobs created and the 
     number of jobs retained by the projects and activities 
     identified under clause (i).''.

     SEC. 1114. TRIBAL TRANSPORTATION PROGRAM.

       Section 202(a)(6) of title 23, United States Code, is 
     amended by striking ``6 percent'' and inserting ``5 
     percent''.

     SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM.

       Section 203 of title 23, United States Code, is amended--
       (1) in subsection (a)(1)(B) by striking ``operation'' and 
     inserting ``capital, operations,'';
       (2) in subsection (b)--
       (A) in paragraph (1)(B)--
       (i) in clause (iv) by striking ``and'' at the end;
       (ii) in clause (v) by striking the period at the end and 
     inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(vi) the Bureau of Reclamation; and
       ``(vii) independent Federal agencies with natural resource 
     and land management responsibilities.''; and
       (B) in paragraph (2)(B)--
       (i) in the matter preceding clause (i) by inserting 
     ``performance management, including'' after ``support''; and
       (ii) in clause (i)(II) by striking ``, and'' and inserting 
     ``; and''; and
       (3) in subsection (c)(2)(B) by adding at the end the 
     following:
       ``(vi) The Bureau of Reclamation.''.

     SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 206 the following:

     ``SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

       ``(a) Establishment.--Subject to the requirements of this 
     section, the Secretary shall establish and carry out a 
     program to be known as the tribal transportation self-
     governance program. The Secretary may delegate 
     responsibilities for administration of the program as the 
     Secretary determines appropriate.
       ``(b) Eligibility.--
       ``(1) In general.--Subject to paragraphs (2) and (3), an 
     Indian tribe shall be eligible to participate in the program 
     if the Indian tribe requests participation in the program by 
     resolution or other official action by the governing body of 
     the Indian tribe, and demonstrates, for the preceding 3 
     fiscal years, financial stability and financial management 
     capability, and transportation program management capability.
       ``(2) Criteria for determining financial stability and 
     financial management capacity.--For the purposes of paragraph 
     (1), evidence that, during the preceding 3 fiscal years, an 
     Indian tribe had no uncorrected significant and material 
     audit exceptions in the required annual audit of the Indian 
     tribe's self-determination contracts or self-governance 
     funding agreements with any Federal agency shall be 
     conclusive evidence of the required financial stability and 
     financial management capability.
       ``(3) Criteria for determining transportation program 
     management capability.--The Secretary shall require an Indian 
     tribe to demonstrate transportation program management 
     capability, including the capability to manage and complete 
     projects eligible under this title and projects eligible 
     under chapter 53 of title 49, to gain eligibility for the 
     program.
       ``(c) Compacts.--
       ``(1) Compact required.--Upon the request of an eligible 
     Indian tribe, and subject to the requirements of this 
     section, the Secretary shall negotiate and enter into a 
     written compact with the Indian tribe for the purpose of 
     providing for the participation of the Indian tribe in the 
     program.
       ``(2) Contents.--A compact entered into under paragraph (1) 
     shall set forth the general terms of the government-to-
     government relationship between the Indian tribe and the 
     United States under the program and other terms that will 
     continue to apply in future fiscal years.
       ``(3) Amendments.--A compact entered into with an Indian 
     tribe under paragraph (1) may be amended only by mutual 
     agreement of the Indian tribe and the Secretary.
       ``(d) Annual Funding Agreements.--
       ``(1) Funding agreement required.--After entering into a 
     compact with an Indian tribe under subsection (c), the 
     Secretary shall negotiate and enter into a written annual 
     funding agreement with the Indian tribe.
       ``(2) Contents.--
       ``(A) In general.--
       ``(i) Formula funding and discretionary grants.--A funding 
     agreement entered into with an Indian tribe shall authorize 
     the Indian tribe, as determined by the Indian tribe, to plan, 
     conduct, consolidate, administer, and receive full tribal 
     share funding, tribal transit formula funding, and funding to 
     tribes from discretionary and competitive grants administered 
     by the Department for all programs, services, functions, and 
     activities (or portions thereof) that are made available to 
     Indian tribes to carry out tribal transportation programs and 
     programs, services, functions, and activities (or portions 
     thereof) administered by the Secretary that are otherwise 
     available to Indian tribes.
       ``(ii) Transfers of state funds.--

       ``(I) Inclusion of transferred funds in funding 
     agreement.--A funding agreement entered into with an Indian 
     tribe shall include Federal-aid funds apportioned to a State 
     under chapter 1 if the State elects to provide a portion of 
     such funds to the Indian tribe for a project eligible under 
     section 202(a).
       ``(II) Method for transfers.--If a State elects to provide 
     funds described in subclause (I) to an Indian tribe, the 
     State shall transfer the funds back to the Secretary and the 
     Secretary shall transfer the funds to the Indian tribe in 
     accordance with this section.
       ``(III) Responsibility for transferred funds.--
     Notwithstanding any other provision of law, if a State 
     provides funds described in subclause (I) to an Indian 
     tribe--

       ``(aa) the State shall not be responsible for constructing 
     or maintaining a project carried out using the funds or for 
     administering or supervising the project or funds during the 
     applicable statute of limitations period related to the 
     construction of the project; and
       ``(bb) the Indian tribe shall be responsible for 
     constructing and maintaining a project carried out using the 
     funds and for administering and supervising the project and 
     funds in accordance with this section during the applicable 
     statute of limitations period related to the construction of 
     the project.
       ``(B) Administration of tribal shares.--The tribal shares 
     referred to in subparagraph (A) shall be provided without 
     regard to the agency or office of the Department within which 
     the program, service, function, or activity (or portion 
     thereof) is performed.
       ``(C) Flexible and innovative financing.--
       ``(i) In general.--A funding agreement entered into with an 
     Indian tribe under paragraph (1) shall include provisions 
     pertaining to flexible and innovative financing if agreed 
     upon by the parties.
       ``(ii) Terms and conditions.--

       ``(I) Authority to issue regulations.--The Secretary may 
     issue regulations to establish the terms and conditions 
     relating to the flexible and innovative financing provisions 
     referred to in clause (i).
       ``(II) Terms and conditions in absence of regulations.--If 
     the Secretary does not issue regulations under subclause (I), 
     the terms and conditions relating to the flexible and 
     innovative financing provisions referred to in clause (i) 
     shall be consistent with--

       ``(aa) agreements entered into by the Department under--
       ``(AA) section 202(b)(7); and
       ``(BB) section 202(d)(5), as in effect before the date of 
     enactment of MAP-21 (Public Law 112-141); or
       ``(bb) regulations of the Department of the Interior 
     relating to flexible financing contained in part 170 of title 
     25, Code of Federal Regulations, as in effect on the date of 
     enactment of the Surface Transportation Reauthorization and 
     Reform Act of 2015.
       ``(3) Terms.--A funding agreement shall set forth--
       ``(A) terms that generally identify the programs, services, 
     functions, and activities (or portions thereof) to be 
     performed or administered by the Indian tribe; and
       ``(B) for items identified in subparagraph (A)--
       ``(i) the general budget category assigned;
       ``(ii) the funds to be provided, including those funds to 
     be provided on a recurring basis;
       ``(iii) the time and method of transfer of the funds;
       ``(iv) the responsibilities of the Secretary and the Indian 
     tribe; and
       ``(v) any other provision agreed to by the Indian tribe and 
     the Secretary.
       ``(4) Subsequent funding agreements.--
       ``(A) Applicability of existing agreement.--Absent 
     notification from an Indian tribe that the Indian tribe is 
     withdrawing from or retroceding the operation of 1 or more 
     programs, services, functions, or activities (or portions 
     thereof) identified in a funding agreement, or unless 
     otherwise agreed to by the parties, each funding agreement 
     shall remain in full force and effect until a subsequent 
     funding agreement is executed.
       ``(B) Effective date of subsequent agreement.--The terms of 
     the subsequent funding agreement shall be retroactive to the 
     end of the term of the preceding funding agreement.
       ``(5) Consent of indian tribe required.--The Secretary 
     shall not revise, amend, or require additional terms in a new 
     or subsequent funding agreement without the consent of the 
     Indian tribe that is subject to the agreement unless such 
     terms are required by Federal law.
       ``(e) General Provisions.--
       ``(1) Redesign and consolidation.--
       ``(A) In general.--An Indian tribe, in any manner that the 
     Indian tribe considers to be in the best interest of the 
     Indian community being served, may--
       ``(i) redesign or consolidate programs, services, 
     functions, and activities (or portions thereof) included in a 
     funding agreement; and
       ``(ii) reallocate or redirect funds for such programs, 
     services, functions, and activities (or portions thereof), if 
     the funds are--

       ``(I) expended on projects identified in a transportation 
     improvement program approved by the Secretary; and
       ``(II) used in accordance with the requirements in--

       ``(aa) appropriations Acts;
       ``(bb) this title and chapter 53 of title 49; and
       ``(cc) any other applicable law.
       ``(B) Exception.--Notwithstanding subparagraph (A), if, 
     pursuant to subsection (d), an Indian tribe receives a 
     discretionary or

[[Page H7527]]

     competitive grant from the Secretary or receives State 
     apportioned funds, the Indian tribe shall use the funds for 
     the purpose for which the funds were originally authorized.
       ``(2) Retrocession.--
       ``(A) In general.--
       ``(i) Authority of indian tribes.--An Indian tribe may 
     retrocede (fully or partially) to the Secretary programs, 
     services, functions, or activities (or portions thereof) 
     included in a compact or funding agreement.
       ``(ii) Reassumption of remaining funds.--Following a 
     retrocession described in clause (i), the Secretary may--

       ``(I) reassume the remaining funding associated with the 
     retroceded programs, functions, services, and activities (or 
     portions thereof) included in the applicable compact or 
     funding agreement;
       ``(II) out of such remaining funds, transfer funds 
     associated with Department of Interior programs, services, 
     functions, or activities (or portions thereof) to the 
     Secretary of the Interior to carry out transportation 
     services provided by the Secretary of the Interior; and
       ``(III) distribute funds not transferred under subclause 
     (II) in accordance with applicable law.

       ``(iii) Correction of programs.--If the Secretary makes a 
     finding under subsection (f)(2)(B) and no funds are available 
     under subsection (f)(2)(A)(ii), the Secretary shall not be 
     required to provide additional funds to complete or correct 
     any programs, functions, services, or activities (or portions 
     thereof).
       ``(B) Effective date.--Unless the Indian tribe rescinds a 
     request for retrocession, the retrocession shall become 
     effective within the timeframe specified by the parties in 
     the compact or funding agreement. In the absence of such a 
     specification, the retrocession shall become effective on--
       ``(i) the earlier of--

       ``(I) 1 year after the date of submission of the request; 
     or
       ``(II) the date on which the funding agreement expires; or

       ``(ii) such date as may be mutually agreed upon by the 
     parties and, with respect to Department of the Interior 
     programs, functions, services, and activities (or portions 
     thereof), the Secretary of the Interior.
       ``(f) Provisions Relating to Secretary.--
       ``(1) Decisionmaker.--A decision that relates to an appeal 
     of the rejection of a final offer by the Department shall be 
     made either--
       ``(A) by an official of the Department who holds a position 
     at a higher organizational level within the Department than 
     the level of the departmental agency in which the decision 
     that is the subject of the appeal was made; or
       ``(B) by an administrative judge.
       ``(2) Termination of compact or funding agreement.--
       ``(A) Authority to terminate.--
       ``(i) Provision to be included in compact or funding 
     agreement.--A compact or funding agreement shall include a 
     provision authorizing the Secretary, if the Secretary makes a 
     finding described in subparagraph (B), to--

       ``(I) terminate the compact or funding agreement (or a 
     portion thereof); and
       ``(II) reassume the remaining funding associated with the 
     reassumed programs, functions, services, and activities 
     included in the compact or funding agreement.

       ``(ii) Transfers of funds.--Out of any funds reassumed 
     under clause (i)(II), the Secretary may transfer the funds 
     associated with Department of the Interior programs, 
     functions, services, and activities (or portions thereof) to 
     the Secretary of the Interior to provide continued 
     transportation services in accordance with applicable law.
       ``(B) Findings resulting in termination.--The finding 
     referred to in subparagraph (A) is a specific finding of--
       ``(i) imminent jeopardy to a trust asset, natural 
     resources, or public health and safety that is caused by an 
     act or omission of the Indian tribe and that arises out of a 
     failure to carry out the compact or funding agreement, as 
     determined by the Secretary; or
       ``(ii) gross mismanagement with respect to funds or 
     programs transferred to the Indian tribe under the compact or 
     funding agreement, as determined by the Secretary in 
     consultation with the Inspector General of the Department, as 
     appropriate.
       ``(C) Prohibition.--The Secretary shall not terminate a 
     compact or funding agreement (or portion thereof) unless--
       ``(i) the Secretary has first provided written notice and a 
     hearing on the record to the Indian tribe that is subject to 
     the compact or funding agreement; and
       ``(ii) the Indian tribe has not taken corrective action to 
     remedy the mismanagement of funds or programs or the imminent 
     jeopardy to a trust asset, natural resource, or public health 
     and safety.
       ``(D) Exception.--
       ``(i) In general.--Notwithstanding subparagraph (C), the 
     Secretary, upon written notification to an Indian tribe that 
     is subject to a compact or funding agreement, may immediately 
     terminate the compact or funding agreement (or portion 
     thereof) if--

       ``(I) the Secretary makes a finding of imminent substantial 
     and irreparable jeopardy to a trust asset, natural resource, 
     or public health and safety; and
       ``(II) the jeopardy arises out of a failure to carry out 
     the compact or funding agreement.

       ``(ii) Hearings.--If the Secretary terminates a compact or 
     funding agreement (or portion thereof) under clause (i), the 
     Secretary shall provide the Indian tribe subject to the 
     compact or agreement with a hearing on the record not later 
     than 10 days after the date of such termination.
       ``(E) Burden of proof.--In any hearing or appeal involving 
     a decision to terminate a compact or funding agreement (or 
     portion thereof) under this paragraph, the Secretary shall 
     have the burden of proof in demonstrating by clear and 
     convincing evidence the validity of the grounds for the 
     termination.
       ``(g) Cost Principles.--In administering funds received 
     under this section, an Indian tribe shall apply cost 
     principles under the applicable Office of Management and 
     Budget circular, except as modified by section 450j-1 of 
     title 25, other provisions of law, or by any exemptions to 
     applicable Office of Management and Budget circulars 
     subsequently granted by the Office of Management and Budget. 
     No other audit or accounting standards shall be required by 
     the Secretary. Any claim by the Federal Government against 
     the Indian tribe relating to funds received under a funding 
     agreement based on any audit conducted pursuant to this 
     subsection shall be subject to the provisions of section 
     450j-1(f) of title 25.
       ``(h) Transfer of Funds.--The Secretary shall provide funds 
     to an Indian tribe under a funding agreement in an amount 
     equal to--
       ``(1) the sum of the funding that the Indian tribe would 
     otherwise receive for the program, function, service, or 
     activity in accordance with a funding formula or other 
     allocation method established under this title or chapter 53 
     of title 49; and
       ``(2) such additional amounts as the Secretary determines 
     equal the amounts that would have been withheld for the costs 
     of the Bureau of Indian Affairs for administration of the 
     program or project.
       ``(i) Construction Programs.--
       ``(1) Standards.--Construction projects carried out under 
     programs administered by an Indian tribe with funds 
     transferred to the Indian tribe pursuant to a funding 
     agreement entered into under this section shall be 
     constructed pursuant to the construction program standards 
     set forth in applicable regulations or as specifically 
     approved by the Secretary (or the Secretary's designee).
       ``(2) Monitoring.--Construction programs shall be monitored 
     by the Secretary in accordance with applicable regulations.
       ``(j) Facilitation.--
       ``(1) Secretarial interpretation.--Except as otherwise 
     provided by law, the Secretary shall interpret all Federal 
     laws, Executive orders, and regulations in a manner that will 
     facilitate--
       ``(A) the inclusion of programs, services, functions, and 
     activities (or portions thereof) and funds associated 
     therewith, in compacts and funding agreements; and
       ``(B) the implementation of the compacts and funding 
     agreements.
       ``(2) Regulation waiver.--
       ``(A) In general.--An Indian tribe may submit to the 
     Secretary a written request to waive application of a 
     regulation promulgated under this section with respect to a 
     compact or funding agreement. The request shall identify the 
     regulation sought to be waived and the basis for the request.
       ``(B) Approvals and denials.--
       ``(i) In general.--Not later than 90 days after the date of 
     receipt of a written request under subparagraph (A), the 
     Secretary shall approve or deny the request in writing.
       ``(ii) Review.--The Secretary shall review any application 
     by an Indian tribe for a waiver bearing in mind increasing 
     opportunities for using flexible policy approaches at the 
     Indian tribal level.
       ``(iii) Deemed approval.--If the Secretary does not approve 
     or deny a request submitted under subparagraph (A) on or 
     before the last day of the 90-day period referred to in 
     clause (i), the request shall be deemed approved.
       ``(iv) Denials.--If the application for a waiver is not 
     granted, the agency shall provide the applicant with the 
     reasons for the denial as part of the written response 
     required in clause (i).
       ``(v) Finality of decisions.--A decision by the Secretary 
     under this subparagraph shall be final for the Department.
       ``(k) Disclaimers.--
       ``(1) Existing authority.--Notwithstanding any other 
     provision of law, upon the election of an Indian tribe, the 
     Secretary shall--
       ``(A) maintain current tribal transportation program 
     funding agreements and program agreements; or
       ``(B) enter into new agreements under the authority of 
     section 202(b)(7).
       ``(2) Limitation on statutory construction.--Nothing in 
     this section may be construed to impair or diminish the 
     authority of the Secretary under section 202(b)(7).
       ``(l) Applicability of Indian Self-Determination and 
     Education Assistance Act.--Except to the extent in conflict 
     with this section (as determined by the Secretary), the 
     following provisions of the Indian Self-Determination and 
     Education Assistance Act shall apply to compact and funding 
     agreements (except that any reference to the Secretary of the 
     Interior or the Secretary of Health and Human Services in 
     such provisions shall be treated as a reference to the 
     Secretary of Transportation):
       ``(1) Subsections (a), (b), (d), (g), and (h) of section 
     506 of such Act (25 U.S.C. 458aaa-5), relating to general 
     provisions.
       ``(2) Subsections (b) through (e) and (g) of section 507 of 
     such Act (25 U.S.C.458aaa-6),

[[Page H7528]]

     relating to provisions relating to the Secretary of Health 
     and Human Services.
       ``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and 
     (k) of section 508 of such Act (25 U.S.C. 458aaa-7), relating 
     to transfer of funds.
       ``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), 
     relating to Federal procurement laws and regulations.
       ``(5) Section 511 of such Act (25 U.S.C. 458aaa-10), 
     relating to civil actions.
       ``(6) Subsections (a)(1), (a)(2), and (c) through (f) of 
     section 512 of such Act (25 U.S.C. 458aaa-11), relating to 
     facilitation, except that subsection (c)(1) of that section 
     shall be applied by substituting `transportation facilities 
     and other facilities' for `school buildings, hospitals, and 
     other facilities'.
       ``(7) Subsections (a) and (b) of section 515 of such Act 
     (25 U.S.C. 458aaa-14), relating to disclaimers.
       ``(8) Subsections (a) and (b) of section 516 of such Act 
     (25 U.S.C. 458aaa-15), relating to application of title I 
     provisions.
       ``(9) Section 518 of such Act (25 U.S.C. 458aaa-17), 
     relating to appeals.
       ``(m) Definitions.--
       ``(1) In general.--In this section, the following 
     definitions apply (except as otherwise expressly provided):
       ``(A) Compact.--The term `compact' means a compact between 
     the Secretary and an Indian tribe entered into under 
     subsection (c).
       ``(B) Department.--The term `Department' means the 
     Department of Transportation.
       ``(C) Eligible indian tribe.--The term `eligible Indian 
     tribe' means an Indian tribe that is eligible to participate 
     in the program, as determined under subsection (b).
       ``(D) Funding agreement.--The term `funding agreement' 
     means a funding agreement between the Secretary and an Indian 
     tribe entered into under subsection (d).
       ``(E) Indian tribe.--The term `Indian tribe' means any 
     Indian or Alaska Native tribe, band, nation, pueblo, village, 
     or community that the Secretary of the Interior acknowledges 
     to exist as an Indian tribe under the Federally Recognized 
     Indian Tribe List Act of 1994 (25 U.S.C. 479a). In any case 
     in which an Indian tribe has authorized another Indian tribe, 
     an intertribal consortium, or a tribal organization to plan 
     for or carry out programs, services, functions, or activities 
     (or portions thereof) on its behalf under this part, the 
     authorized Indian tribe, intertribal consortium, or tribal 
     organization shall have the rights and responsibilities of 
     the authorizing Indian tribe (except as otherwise provided in 
     the authorizing resolution or in this title). In such event, 
     the term `Indian tribe' as used in this part shall include 
     such other authorized Indian tribe, intertribal consortium, 
     or tribal organization.
       ``(F) Program.--The term `program' means the tribal 
     transportation self-governance program established under this 
     section.
       ``(G) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(H) Transportation programs.--The term `transportation 
     programs' means all programs administered or financed by the 
     Department under this title and chapter 53 of title 49.
       ``(2) Applicability of other definitions.--In this section, 
     the definitions set forth in sections 4 and 505 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b; 458aaa) apply, except as otherwise expressly provided 
     in this section.
       ``(n) Regulations.--
       ``(1) In general.--
       ``(A) Promulgation.--Not later than 90 days after the date 
     of enactment of the Surface Transportation Reauthorization 
     and Reform Act of 2015, the Secretary shall initiate 
     procedures under subchapter III of chapter 5 of title 5 to 
     negotiate and promulgate such regulations as are necessary to 
     carry out this section.
       ``(B) Publication of proposed regulations.--Proposed 
     regulations to implement this section shall be published in 
     the Federal Register by the Secretary not later than 21 
     months after such date of enactment.
       ``(C) Expiration of authority.--The authority to promulgate 
     regulations under paragraph (1) shall expire 30 months after 
     such date of enactment.
       ``(D) Extension of deadlines.--A deadline set forth in 
     paragraph (1)(B) or (1)(C) may be extended up to 180 days if 
     the negotiated rulemaking committee referred to in paragraph 
     (2) concludes that the committee cannot meet the deadline and 
     the Secretary so notifies the appropriate committees of 
     Congress.
       ``(2) Committee.--
       ``(A) In general.--A negotiated rulemaking committee 
     established pursuant to section 565 of title 5 to carry out 
     this subsection shall have as its members only Federal and 
     tribal government representatives, a majority of whom shall 
     be nominated by and be representatives of Indian tribes with 
     funding agreements under this title.
       ``(B) Requirements.--The committee shall confer with, and 
     accommodate participation by, representatives of Indian 
     tribes, inter-tribal consortia, tribal organizations, and 
     individual tribal members.
       ``(C) Adaptation of procedures.--The Secretary shall adapt 
     the negotiated rulemaking procedures to the unique context of 
     self-governance and the government-to-government relationship 
     between the United States and Indian tribes.
       ``(3) Effect.--The lack of promulgated regulations shall 
     not limit the effect of this section.
       ``(4) Effect of circulars, policies, manuals, guidance, and 
     rules.--Unless expressly agreed to by the participating 
     Indian tribe in the compact or funding agreement, the 
     participating Indian tribe shall not be subject to any agency 
     circular, policy, manual, guidance, or rule adopted by the 
     Department, except regulations promulgated under this 
     section.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 206 
     the following:

``207. Tribal transportation self-governance program.''.

     SEC. 1117. EMERGENCY RELIEF.

       (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 Federal lands transportation facilities or other 
     federally owned roads that are open to public travel (as 
     defined in subsection (e)).''.
       (b) Definitions.--Section 125(e) of title 23, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Open to public travel.--The term `open to public 
     travel' means, with respect to a road, that, except during 
     scheduled periods, extreme weather conditions, or 
     emergencies, the road--
       ``(i) is maintained;
       ``(ii) is open to the general public; and
       ``(iii) can accommodate travel by a standard passenger 
     vehicle, without restrictive gates or prohibitive signs or 
     regulations, other than for general traffic control or 
     restrictions based on size, weight, or class of registration.
       ``(B) Standard passenger vehicle.--The term `standard 
     passenger vehicle' means a vehicle with 6 inches of clearance 
     from the lowest point of the frame, body, suspension, or 
     differential to the ground.''.

     SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS.

       Section 143(b) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (2)(A) and inserting the 
     following:
       ``(A) In general.--From administrative funds made available 
     under section 104(a), the Secretary may deduct such sums as 
     are necessary, not to exceed $6,000,000 for each of fiscal 
     years 2016 through 2021, to carry out this section.'';
       (2) in the heading for paragraph (8) by inserting ``block 
     grant'' after ``surface transportation''; and
       (3) in paragraph (9) by inserting ``, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Environment and Public 
     Works of the Senate'' after ``the Secretary''.

     SEC. 1119. BUNDLING OF BRIDGE PROJECTS.

       Section 144 of title 23, United States Code, is amended--
       (1) in subsection (c)(2)(A) by striking ``the natural 
     condition of the bridge'' and inserting ``the natural 
     condition of the water'';
       (2) by redesignating subsection (j) as subsection (k);
       (3) by inserting after subsection (i) the following:
       ``(j) Bundling of Bridge Projects.--
       ``(1) Purpose.--The purpose of this subsection is to save 
     costs and time by encouraging States to bundle multiple 
     bridge projects as 1 project.
       ``(2) Eligible entity defined.--In this subsection, the 
     term `eligible entity' means an entity eligible to carry out 
     a bridge project under section 119 or 133.
       ``(3) Bundling of bridge projects.--An eligible entity may 
     bundle 2 or more similar bridge projects that are--
       ``(A) eligible projects under section 119 or 133;
       ``(B) included as a bundled project in a transportation 
     improvement program under section 134(j) or a statewide 
     transportation improvement program under section 135, as 
     applicable; and
       ``(C) awarded to a single contractor or consultant pursuant 
     to a contract for engineering and design or construction 
     between the contractor and an eligible entity.
       ``(4) Itemization.--Notwithstanding any other provision of 
     law (including regulations), a bundling of bridge projects 
     under this subsection may be listed as--
       ``(A) 1 project for purposes of sections 134 and 135; and
       ``(B) a single project 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.
       ``(6) Engineering cost reimbursement.--The provisions of 
     section 102(b) do not apply to projects carried out under 
     this subsection.''; and
       (4) in subsection (k)(2), as redesignated by paragraph (2) 
     of this section, by striking ``104(b)(3)'' and inserting 
     ``104(b)(2)''.

     SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

       Section 1123(h)(1) of MAP-21 (23 U.S.C. 202 note) is 
     amended by striking ``fiscal years'' and all that follows 
     through the period at the end and inserting ``fiscal years 
     2016 through 2021.''.

[[Page H7529]]

  


     SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                   FACILITIES.

       Section 147(e) of title 23, United States Code, is amended 
     by striking ``2013 and 2014'' and inserting ``2016 through 
     2021''.

            Subtitle B--Planning and Performance Management

     SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

       Section 134 of title 23, United States Code, is amended--
       (1) in subsection (c)(2), by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, including intercity buses 
     and intercity bus facilities'';
       (2) in subsection (d)--
       (A) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively;
       (B) by inserting after paragraph (2) the following:
       ``(3) Representation.--
       ``(A) In general.--Designation or selection of officials or 
     representatives under paragraph (2) shall be determined by 
     the metropolitan planning organization according to the 
     bylaws or enabling statute of the organization.
       ``(B) Public transportation representative.--Subject to the 
     bylaws or enabling statute of the metropolitan planning 
     organization, a representative of a provider of public 
     transportation may also serve as a representative of a local 
     municipality.
       ``(C) Powers of certain officials.--An official described 
     in paragraph (2)(B) shall have responsibilities, actions, 
     duties, voting rights, and any other authority commensurate 
     with other officials described in paragraph (2).''; and
       (C) in paragraph (5) as so redesignated by striking 
     ``paragraph (5)'' and inserting ``paragraph (6)'';
       (3) in subsection (e)(4)(B), by striking ``subsection 
     (d)(5)'' and inserting ``subsection (d)(6)'';
       (4) in subsection (g)(3)(A), by inserting ``tourism, 
     natural disaster risk reduction,'' after ``economic 
     development,'';
       (5) in subsection (h)--
       (A) in paragraph (1)--
       (i) in subparagraph (G), by striking ``and'' at the end;
       (ii) in subparagraph (H) by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(I) improve the resilience and reliability of the 
     transportation system; and
       ``(J) enhance travel and tourism.''; and
       (B) in paragraph (2)(A) by striking ``and in section 
     5301(c) of title 49'' and inserting ``and the general 
     purposes described in section 5301 of title 49'';
       (6) in subsection (i)--
       (A) in paragraph (2)(A)(i) by striking ``transit,'' and 
     inserting ``public transportation facilities, intercity bus 
     facilities,'';
       (B) in paragraph (6)(A)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers,''; and
       (ii) by inserting ``(including intercity bus operators, 
     employer-based commuting programs, such as a carpool program, 
     vanpool program, transit benefit program, parking cash-out 
     program, shuttle program, or telework program)'' after 
     ``private providers of transportation''; and
       (C) in paragraph (8) by striking ``paragraph (2)(C)'' and 
     inserting ``paragraph (2)(E)'' each place it appears;
       (7) in subsection (k)(3)--
       (A) in subparagraph (A) by inserting ``(including intercity 
     bus operators, employer-based commuting programs such as a 
     carpool program, vanpool program, transit benefit program, 
     parking cash-out program, shuttle program, or telework 
     program), job access projects,'' after ``reduction''; and
       (B) by adding at the end the following:
       ``(C) Congestion management plan.--A metropolitan planning 
     organization with a transportation management area may 
     develop a plan that includes projects and strategies that 
     will be considered in the TIP of such metropolitan planning 
     organization. Such plan shall--
       ``(i) develop regional goals to reduce vehicle miles 
     traveled during peak commuting hours and improve 
     transportation connections between areas with high job 
     concentration and areas with high concentrations of low-
     income households;
       ``(ii) identify existing public transportation services, 
     employer-based commuter programs, and other existing 
     transportation services that support access to jobs in the 
     region; and
       ``(iii) identify proposed projects and programs to reduce 
     congestion and increase job access opportunities.
       ``(D) Participation.--In developing the plan under 
     subparagraph (C), a metropolitan planning organization shall 
     consult with employers, private and nonprofit providers of 
     public transportation, transportation management 
     organizations, and organizations that provide job access 
     reverse commute projects or job-related services to low-
     income individuals.'';
       (8) in subsection (l)--
       (A) by adding a period at the end of paragraph (1); and
       (B) in paragraph (2)(D) by striking ``of less than 
     200,000'' and inserting ``with a population of 200,000 or 
     less'';
       (9) in subsection (n)(1) by inserting ``49'' after 
     ``chapter 53 of title''; and
       (10) in subsection (p) by striking ``Funds set aside under 
     section 104(f)'' and inserting ``Funds apportioned under 
     section 104(b)(5)''.

     SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

       Section 135 of title 23, United States Code, is amended--
       (1) in subsection (a)(2) by striking ``and bicycle 
     transportation facilities'' and inserting, ``, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, including intercity buses 
     and intercity bus facilities'';
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (G) by striking ``and'' at the end;
       (ii) in subparagraph (H) by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(I) improve the resilience and reliability of the 
     transportation system; and
       ``(J) enhance travel and tourism.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A) by striking ``and in section 
     5301(c) of title 49'' and inserting ``and the general 
     purposes described in section 5301 of title 49'';
       (ii) in subparagraph (B)(ii) by striking ``urbanized''; and
       (iii) in subparagraph (C) by striking ``urbanized''; and
       (3) in subsection (f)--
       (A) in paragraph (3)(A)(ii)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers,''; and
       (ii) by inserting ``(including intercity bus operators, 
     employer-based commuting programs, such as a carpool program, 
     vanpool program, transit benefit program, parking cash-out 
     program, shuttle program, or telework program)'' after 
     ``private providers of transportation''; and
       (B) in paragraph (7), in the matter preceding subparagraph 
     (A), by striking ``should'' and inserting ``shall''.

              Subtitle C--Acceleration of Project Delivery

     SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
                   SITES.

       (a) Highways.--Section 138 of title 23, United States Code, 
     is amended by adding at the end the following:
       ``(c) Satisfaction of Requirements for Certain Historic 
     Sites.--
       ``(1) In general.--The Secretary shall--
       ``(A) align, to the maximum extent practicable, with the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 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 a historic site, the 
     Secretary may--
       ``(i) include the determination of the Secretary in the 
     analysis required under that Act;
       ``(ii) provide a notice of the determination to--

       ``(I) each applicable State historic preservation officer 
     and tribal historic preservation officer;
       ``(II) the Council, if the Council is participating in the 
     consultation process under section 306108 of title 54; and
       ``(III) the Secretary of the Interior; and

       ``(iii) request from the applicable preservation officer, 
     the Council, and the Secretary of the Interior a concurrence 
     that the determination is sufficient to satisfy 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 Web site 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.''.

[[Page H7530]]

       (b) Public Transportation.--Section 303 of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(e) Satisfaction of Requirements for Certain Historic 
     Sites.--
       ``(1) In general.--The Secretary shall--
       ``(A) align, to the maximum extent practicable, the 
     requirements of this section with the requirements of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 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 a historic site, the 
     Secretary may--
       ``(i) include the determination of the Secretary in the 
     analysis required under that Act;
       ``(ii) provide a notice of the determination to--

       ``(I) each applicable State historic preservation officer 
     and tribal historic preservation officer;
       ``(II) the Council, if the Council is participating in the 
     consultation process under section 306108 of title 54; and
       ``(III) the Secretary of the Interior; and

       ``(iii) request from the applicable preservation officer, 
     the Council, and the Secretary of the Interior a concurrence 
     that the determination is sufficient to satisfy 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 Web site 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. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT 
                   UNDER PRESERVATION REQUIREMENTS.

       (a) Title 23 Amendment.--Section 138 of title 23, United 
     States Code, as amended by this Act, is further amended by 
     adding at the end the following:
       ``(d) Rail and Transit.--
       ``(1) In general.--Improvements to, or the maintenance, 
     rehabilitation, or operation of, railroad or rail transit 
     lines or elements thereof that are in use or were 
     historically used for the transportation of goods or 
     passengers shall not be considered a use of a historic site 
     under subsection (a), regardless of whether the railroad or 
     rail transit line or element thereof is listed on, or 
     eligible for listing on, the National Register of Historic 
     Places.
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to--
       ``(i) stations; or
       ``(ii) bridges or tunnels located on--

       ``(I) railroad lines that have been abandoned; or
       ``(II) transit lines that are not in use.

       ``(B) Clarification with respect to certain bridges and 
     tunnels.--The bridges and tunnels referred to in subparagraph 
     (A)(ii) do not include bridges or tunnels located on railroad 
     or transit lines--
       ``(i) over which service has been discontinued; or
       ``(ii) that have been railbanked or otherwise reserved for 
     the transportation of goods or passengers.''.
       (b) Title 49 Amendment.--Section 303 of title 49, United 
     States Code, as amended by this Act, is further amended--
       (1) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``subsection (d)'' and inserting 
     ``subsections (d), (e), and (f)''; and
       (2) by adding at the end the following:
       ``(f) Rail and Transit.--
       ``(1) In general.--Improvements to, or the maintenance, 
     rehabilitation, or operation of, railroad or rail transit 
     lines or elements thereof that are in use or were 
     historically used for the transportation of goods or 
     passengers shall not be considered a use of a historic site 
     under subsection (c), regardless of whether the railroad or 
     rail transit line or element thereof is listed on, or 
     eligible for listing on, the National Register of Historic 
     Places.
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to--
       ``(i) stations; or
       ``(ii) bridges or tunnels located on--

       ``(I) railroad lines that have been abandoned; or
       ``(II) transit lines that are not in use.

       ``(B) Clarification with respect to certain bridges and 
     tunnels.--The bridges and tunnels referred to in subparagraph 
     (A)(ii) do not include bridges or tunnels located on railroad 
     or transit lines--
       ``(i) over which service has been discontinued; or
       ``(ii) that have been railbanked or otherwise reserved for 
     the transportation of goods or passengers.''.

     SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL 
                   AUTHORITIES.

       (a) Title 23 Amendment.--Section 138 of title 23, United 
     States Code, as amended by this Act, is further amended by 
     adding at the end the following:
       ``(e) References to Past Transportation Environmental 
     Authorities.--
       ``(1) Section 4(f) requirements.--The requirements of this 
     section are commonly referred to as section 4(f) requirements 
     (see section 4(f) of the Department of Transportation Act 
     (Public Law 89-670; 80 Stat. 934) as in effect before the 
     repeal of that section).
       ``(2) Section 106 requirements.--The requirements of 
     section 306108 of title 54 are commonly referred to as 
     section 106 requirements (see section 106 of the National 
     Historic Preservation Act of 1966 (Public Law 89-665; 80 
     Stat. 915) as in effect before the repeal of that 
     section).''.
       (b) Title 49 Amendment.--Section 303 of title 49, United 
     States Code, as amended by this Act, is further amended by 
     adding at the end the following:
       ``(g) References to Past Transportation Environmental 
     Authorities.--
       ``(1) Section 4(f) requirements.--The requirements of this 
     section are commonly referred to as section 4(f) requirements 
     (see section 4(f) of the Department of Transportation Act 
     (Public Law 89-670; 80 Stat. 934) as in effect before the 
     repeal of that section).
       ``(2) Section 106 requirements.--The requirements of 
     section 306108 of title 54 are commonly referred to as 
     section 106 requirements (see section 106 of the National 
     Historic Preservation Act of 1966 (Public Law 89-665; 80 
     Stat. 915) as in effect before the repeal of that 
     section).''.

     SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION 
                   REQUIREMENTS.

       (a) Title 23 Amendment.--Section 138 of title 23, United 
     States Code, as amended by this Act, is further amended by 
     adding at the end the following:
       ``(f) Bridge Exemption.--A common post-1945 concrete or 
     steel bridge or culvert that is exempt from individual review 
     under section 306108 of title 54 (as described in 77 Fed. 
     Reg. 68790) shall be treated under this section as having a 
     de minimis impact on an area.''.
       (b) Title 49 Amendment.--Section 303 of title 49, United 
     States Code, as amended by this Act, is further amended by 
     adding at the end the following:
       ``(h) Bridge Exemption.--A common post-1945 concrete or 
     steel bridge or culvert that is exempt from individual review 
     under section 306108 of title 54 (as described in 77 Fed. 
     Reg. 68790) shall be treated under this section as having a 
     de minimis impact on an area.''.

     SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
                   DECISIONMAKING.

       (a) Definitions.--Section 139(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5) Multimodal project.--The term `multimodal project' 
     means a project that requires the approval of more than 1 
     Department of Transportation operating administration or 
     secretarial office.'';
       (2) by adding at the end the following:
       ``(9) Substantial deference.--The term `substantial 
     deference' means deference by a participating agency to the 
     recommendations and decisions of the lead agency unless it is 
     not possible to defer without violating the participating 
     agency's statutory responsibilities.''.
       (b) Applicability.--Section 139(b)(3) of title 23, United 
     States Code, is amended--
       (1) in subparagraph (A) in the matter preceding clause (i) 
     by striking ``initiate a rulemaking to''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Requirements.--In carrying out subparagraph (A), the 
     Secretary shall ensure that programmatic reviews--
       ``(i) promote transparency, including the transparency of--

       ``(I) the analyses and data used in the environmental 
     reviews;
       ``(II) the treatment of any deferred issues raised by 
     agencies or the public; and
       ``(III) the temporal and spatial scales to be used to 
     analyze issues under subclauses (I) and (II);

       ``(ii) use accurate and timely information, including 
     through establishment of--

       ``(I) criteria for determining the general duration of the 
     usefulness of the review; and

[[Page H7531]]

       ``(II) a timeline for updating an out-of-date review;

       ``(iii) describe--

       ``(I) the relationship between any programmatic analysis 
     and future tiered analysis; and
       ``(II) the role of the public in the creation of future 
     tiered analysis;

       ``(iv) are available to other relevant Federal and State 
     agencies, Indian tribes, and the public; and
       ``(v) provide notice and public comment opportunities 
     consistent with applicable requirements.''.
       (c) Federal Lead Agency.--Section 139(c)(1)(A) of title 23, 
     United States Code, is amended by inserting ``, or an 
     operating administration thereof designated by the 
     Secretary,'' after ``Department of Transportation''.
       (d) Participating Agencies.--
       (1) Invitation.--Section 139(d)(2) of title 23, United 
     States Code, is amended by striking ``The lead agency shall 
     identify, as early as practicable in the environmental review 
     process for a project,'' and inserting ``Not later than 45 
     days after the date of publication of a notice of intent to 
     prepare an environmental impact statement or the initiation 
     of an environmental assessment, the lead agency shall 
     identify''.
       (2) Single nepa document.--Section 139(d) of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(8) Single nepa document.--
       ``(A) In general.--Except as inconsistent with paragraph 
     (7), to the maximum extent practicable and consistent with 
     Federal law, all Federal permits and reviews for a project 
     shall rely on a single environment document prepared under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) under the leadership of the lead agency.
       ``(B) Use of document.--
       ``(i) In general.--To the maximum extent practicable, the 
     lead agency shall develop an environmental document 
     sufficient to satisfy the requirements for any Federal 
     approval or other Federal action required for the project, 
     including permits issued by other Federal agencies.
       ``(ii) Cooperation of participating agencies.--Other 
     participating agencies shall cooperate with the lead agency 
     and provide timely information to help the lead agency carry 
     out this subparagraph.
       ``(C) Treatment as participating and cooperating 
     agencies.--A Federal agency required to make an approval or 
     take an action for a project, as described in subparagraph 
     (B), shall work with the lead agency for the project to 
     ensure that the agency making the approval or taking the 
     action is treated as being both a participating and 
     cooperating agency for the project.''.
       (e) Project Initiation.--Section 139(e) of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(3) Environmental checklist.--
       ``(A) Development.--The lead agency for a project, in 
     consultation with participating agencies, shall develop, as 
     appropriate, a checklist to help project sponsors identify 
     potential natural, cultural, and historic resources in the 
     area of the project.
       ``(B) Purpose.--The purposes of the checklist are--
       ``(i) to identify agencies and organizations that can 
     provide information about natural, cultural, and historic 
     resources;
       ``(ii) to develop the information needed to determine the 
     range of alternatives; and
       ``(iii) to improve interagency collaboration to help 
     expedite the permitting process for the lead agency and 
     participating agencies.''.
       (f) Purpose and Need.--Section 139(f) of title 23, United 
     States Code, is amended--
       (1) in the subsection heading by inserting ``; Alternatives 
     Analysis'' after ``Need'';
       (2) in paragraph (4)--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Participation.--
       ``(i) In general.--As early as practicable during the 
     environmental review process, the lead agency shall seek the 
     involvement of participating agencies and the public for the 
     purpose of reaching agreement early in the environmental 
     review process on a reasonable range of alternatives that 
     will satisfy all subsequent Federal environmental review and 
     permit requirements.
       ``(ii) Comments of participating agencies.--To the maximum 
     extent practicable and consistent with applicable law, each 
     participating agency receiving an opportunity for involvement 
     under clause (i) shall--

       ``(I) limit the agency's comments to subject matter areas 
     within the agency's special expertise or jurisdiction; and
       ``(II) afford substantial deference to the range of 
     alternatives recommended by the lead agency.

       ``(iii) Effect of nonparticipation.--A participating agency 
     that declines to participate in the development of the 
     purpose and need and reasonable range of alternatives for a 
     project shall be required to comply with the schedule 
     developed under subsection (g)(1)(B).''; and
       (B) in subparagraph (B)--
       (i) by striking ``Following participation under paragraph 
     (1)'' and inserting the following:
       ``(i) Determination.--Following participation under 
     subparagraph (A)''; and
       (ii) by adding at the end the following:
       ``(ii) Use.--To the maximum extent practicable and 
     consistent with Federal law, the range of alternatives 
     determined for a project under clause (i) shall be used for 
     all Federal environmental reviews and permit processes 
     required for the project unless the alternatives must be 
     modified--

       ``(I) to address significant new information or 
     circumstances, and the lead agency and participating agencies 
     agree that the alternatives must be modified to address the 
     new information or circumstances; or
       ``(II) for the lead agency or a participating agency to 
     fulfill its responsibilities under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely 
     manner.''.

       (g) Coordination and Scheduling.--
       (1) Coordination plan.--Section 139(g)(1) of title 23, 
     United States Code, is amended--
       (A) in subparagraph (A) by striking ``The lead agency'' and 
     inserting ``Not later than 90 days after the date of 
     publication of a notice of intent to prepare an environmental 
     impact statement or the initiation of an environmental 
     assessment, the lead agency''; and
       (B) in subparagraph (B)(i) by striking ``may establish'' 
     and inserting ``shall establish''.
       (2) Deadlines for decisions under other laws.--Section 
     139(g)(3) of title 23, United States Code, is amended to read 
     as follows:
       ``(3) Deadlines for decisions under other laws.--
       ``(A) In general.--In any case in which a decision under 
     any Federal law relating to a project (including the issuance 
     or denial of a permit or license) is required by law, 
     regulation, or Executive order to be made after the date on 
     which the lead agency has issued a categorical exclusion, 
     finding of no significant impact, or record of decision with 
     respect to the project, any such later decision shall be made 
     or completed by the later of--
       ``(i) the date that is 180 days after the lead agency's 
     final decision has been made; or
       ``(ii) the date that is 180 days after the date on which a 
     completed application was submitted for the permit or 
     license.
       ``(B) Treatment of delays.--Following the deadline 
     established by subparagraph (A), the Secretary shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate, and publish on the Department's 
     Internet Web site--
       ``(i) as soon as practicable after the 180-day period, an 
     initial notice of the failure of the Federal agency to make 
     the decision; and
       ``(ii) every 60 days thereafter, until such date as all 
     decisions of the Federal agency relating to the project have 
     been made by the Federal agency, an additional notice that 
     describes the number of decisions of the Federal agency that 
     remain outstanding as of the date of the additional 
     notice.''.
       (3) Adoption of documents; accelerated decisionmaking in 
     environmental reviews.--
       (A) In general.--Section 139(g) of title 23, United States 
     Code, is amended--
       (i) by redesignating paragraph (4) as paragraph (5); and
       (ii) by inserting after paragraph (3) the following:
       ``(4) Accelerated decisionmaking in environmental 
     reviews.--
       ``(A) In general.--In preparing a final environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies 
     the statement in response to comments that are minor and are 
     confined to factual corrections or explanations of why the 
     comments do not warrant additional agency response, the lead 
     agency may write on errata sheets attached to the statement 
     instead of rewriting the draft statement, subject to the 
     condition that the errata sheets--
       ``(i) cite the sources, authorities, and reasons that 
     support the position of the agency; and
       ``(ii) if appropriate, indicate the circumstances that 
     would trigger agency reappraisal or further response.
       ``(B) Single document.--To the maximum extent practicable, 
     the lead agency shall expeditiously develop a single document 
     that consists of a final environmental impact statement and a 
     record of decision, unless--
       ``(i) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       ``(ii) there is a significant new circumstance or 
     information relevant to environmental concerns that bears on 
     the proposed action or the impacts of the proposed action.''.
       (B) Conforming amendment.--Section 1319 of MAP-21 (42 
     U.S.C. 4332a), and the item relating to that section in the 
     table of contents contained in section 1(c) of that Act, are 
     repealed.
       (h) Issue Identification and Resolution.--
       (1) Issue resolution.--Section 139(h) of title 23, United 
     States Code, is amended--
       (A) by redesignating paragraphs (4) through (7) as 
     paragraphs (5) through (8), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) Issue resolution.--Any issue resolved by the lead 
     agency and participating agencies may not be reconsidered 
     unless significant new information or circumstances arise.''.
       (2) Failure to assure.--Section 139(h)(5)(C) of title 23, 
     United States Code, (as redesignated by paragraph (1)(A) of 
     this subsection) is amended by striking ``paragraph (5) and'' 
     and inserting ``paragraph (6)''.

[[Page H7532]]

       (3) Accelerated issue resolution and referral.--Section 
     139(h)(6) of title 23, United States Code, (as redesignated 
     by paragraph (1)(A) of this subsection) is amended by 
     striking subparagraph (C) and inserting the following:
       ``(C) Referral to council on environmental quality.--
       ``(i) In general.--If issue resolution for a project is not 
     achieved on or before the 30th day after the date of a 
     meeting under subparagraph (B), the Secretary shall refer the 
     matter to the Council on Environmental Quality.
       ``(ii) Meeting.--Not later than 30 days after the date of 
     receipt of a referral from the Secretary under clause (i), 
     the Council on Environmental Quality shall hold an issue 
     resolution meeting with--

       ``(I) the head of the lead agency;
       ``(II) the heads of relevant participating agencies; and
       ``(III) the project sponsor (including the Governor only if 
     the initial issue resolution meeting request came from the 
     Governor).

       ``(iii) Resolution.--The Council on Environmental Quality 
     shall work with the lead agency, relevant participating 
     agencies, and the project sponsor until all issues are 
     resolved.''.
       (4) Financial penalty provisions.--Section 
     139(h)(7)(B)(i)(I) of title 23, United States Code, (as 
     redesignated by paragraph (1)(A) of this subsection) is 
     amended by striking ``under section 106(i) is required'' and 
     inserting ``is required under subsection (h) or (i) of 
     section 106''.
       (i) Assistance to Affected State and Federal Agencies.--
       (1) In general.--Section 139(j)(1) of title 23, United 
     States Code, is amended to read as follows:
       ``(1) In general.--
       ``(A) Authority to provide funds.--The Secretary may allow 
     a public entity receiving financial assistance from the 
     Department of Transportation under this title or chapter 53 
     of title 49 to provide funds to Federal agencies (including 
     the Department), State agencies, and Indian tribes 
     participating in the environmental review process for the 
     project or program.
       ``(B) Use of funds.--Funds referred to in subparagraph (A) 
     may be provided only to support activities that directly and 
     meaningfully contribute to expediting and improving 
     permitting and review processes, including planning, 
     approval, and consultation processes for the project or 
     program.''.
       (2) Activities eligible for funding.--Section 139(j)(2) of 
     title 23, United States Code, is amended by inserting 
     ``activities directly related to the environmental review 
     process,'' before ``dedicated staffing,''.
       (3) Agreement.--Section 139(j)(6) of title 23, United 
     States Code, is amended to read as follows:
       ``(6) Agreement.--Prior to providing funds approved by the 
     Secretary for dedicated staffing at an affected agency under 
     paragraphs (1) and (2), the affected agency and the 
     requesting public entity shall enter into an agreement that 
     establishes the projects and priorities to be addressed by 
     the use of the funds.''.
       (j) Implementation of Programmatic Compliance.--
       (1) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete a 
     rulemaking to implement the provisions of section 139(b)(3) 
     of title 23, United States Code, as amended by this section.
       (2) Consultation.--Before initiating the rulemaking under 
     paragraph (1), the Secretary shall consult with relevant 
     Federal agencies, relevant State resource agencies, State 
     departments of transportation, Indian tribes, and the public 
     on the appropriate use and scope of the programmatic 
     approaches.
       (3) Requirements.--In carrying out this subsection, the 
     Secretary shall ensure that the rulemaking meets the 
     requirements of section 139(b)(3)(B) of title 23, United 
     States Code, as amended by this section.
       (4) Comment period.--The Secretary shall--
       (A) allow not fewer than 60 days for public notice and 
     comment on the proposed rule; and
       (B) address any comments received under this subsection.

     SEC. 1306. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall--
       (1) maintain and use a searchable Internet Web site--
       (A) to make publicly available the status and progress of 
     projects, as defined in section 139 of title 23, United 
     States Code, requiring an environmental assessment or an 
     environmental impact statement with respect to compliance 
     with applicable requirements of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other 
     Federal, State, or local approval required for such projects; 
     and
       (B) to make publicly available the names of participating 
     agencies not participating in the development of a project 
     purpose and need and range of alternatives under section 
     139(f) of title 23, United States Code; and
       (2) in coordination with agencies described in subsection 
     (b) and State agencies, issue reporting standards to meet the 
     requirements of paragraph (1).
       (b) Federal, State, and Local Agency Participation.--A 
     Federal, State, or local agency participating in the 
     environmental review or permitting process for a project, as 
     defined in section 139 of title 23, United States Code, shall 
     provide to the Secretary information regarding the status and 
     progress of the approval of the project for publication on 
     the Internet Web site maintained under subsection (a), 
     consistent with the standards established under subsection 
     (a).
       (c) States With Delegated Authority.--A State with 
     delegated authority for responsibilities under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     pursuant to section 327 of title 23, United States Code, 
     shall be responsible for supplying project development and 
     compliance status to the Secretary for all applicable 
     projects.

     SEC. 1307. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

       (a) Definitions.--Section 168(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Environmental review process.--The term 
     `environmental review process' has the meaning given that 
     term in section 139(a).'';
       (2) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Lead agency.--The term `lead agency' has the meaning 
     given that term in section 139(a).''; and
       (4) by striking paragraph (3) (as redesignated by paragraph 
     (2) of this subsection) and inserting the following:
       ``(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 section 135, 
     respectively.''.
       (b) Adoption of Planning Products for Use in NEPA 
     Proceedings.--Section 168(b) of title 23, United States Code, 
     is amended--
       (1) in the subsection heading by inserting ``or 
     Incorporation by Reference'' after ``Adoption'';
       (2) in paragraph (1) by striking ``the Federal lead agency 
     for a project may adopt'' and inserting ``and to the maximum 
     extent practicable and appropriate, the lead agency for a 
     project may adopt or incorporate by reference'';
       (3) by striking paragraph (2) and redesignating paragraphs 
     (3) and (4) as paragraphs (2) and (3), respectively;
       (4) by striking paragraph (2) (as so redesignated) and 
     inserting the following:
       ``(2) Partial adoption or incorporation by reference of 
     planning products.--The lead agency may adopt or incorporate 
     by reference a planning product under paragraph (1) in its 
     entirety or may select portions for adoption or incorporation 
     by reference.''; and
       (5) in paragraph (3) (as so redesignated) by inserting ``or 
     incorporation by reference'' after ``adoption''.
       (c) Applicability.--
       (1) Planning decisions.--Section 168(c)(1) of title 23, 
     United States Code, is amended--
       (A) in the matter preceding subparagraph (A) by striking 
     ``adopted'' and inserting ``adopted or incorporated by 
     reference by the lead agency'';
       (B) by redesignating subparagraphs (A) through (E) as 
     subparagraphs (B) through (F), respectively;
       (C) by inserting before subparagraph (B) (as so 
     redesignated) the following:
       ``(A) the project purpose and need;'';
       (D) by striking subparagraph (B) (as so redesignated) and 
     inserting the following:
       ``(B) the preliminary screening of alternatives and 
     elimination of unreasonable alternatives;'';
       (E) in subparagraph (C) (as so redesignated) by inserting 
     ``and general travel corridor'' after ``modal choice'';
       (F) in subparagraph (E) (as so redesignated) by striking 
     ``and'' at the end;
       (G) in subparagraph (F) (as so redesignated)--
       (i) in the matter preceding clause (i) by striking 
     ``potential impacts'' and all that follows through ``resource 
     agencies,'' and inserting ``potential impacts of a project, 
     including a programmatic mitigation plan developed in 
     accordance with section 169, that the lead agency''; and
       (ii) in clause (ii) by striking the period at the end and 
     inserting ``; and''; and
       (H) by adding at the end the following:
       ``(G) whether tolling, private financial assistance, or 
     other special financial measures are necessary to implement 
     the project.''.
       (2) Planning analyses.--Section 168(c)(2) of title 23, 
     United States Code, is amended--
       (A) in the matter preceding subparagraph (A) by striking 
     ``adopted'' and inserting ``adopted or incorporated by 
     reference by the lead agency'';
       (B) in subparagraph (G)--
       (i) by inserting ``direct, indirect, and'' before 
     ``cumulative effects''; and
       (ii) by striking ``, identified as a result of a statewide 
     or regional cumulative effects assessment''; and
       (C) in subparagraph (H)--
       (i) by striking ``proposed action'' and inserting 
     ``proposed project''; and
       (ii) by striking ``Federal lead agency'' and inserting 
     ``lead agency''.
       (d) Conditions.--Section 168(d) of title 23, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``Adoption and use'' and all that

[[Page H7533]]

     follows through ``Federal lead agency, that'' and inserting 
     ``The lead agency in the environmental review process may 
     adopt or incorporate by reference and use a planning product 
     under this section if the lead agency determines that'';
       (2) in paragraph (2) by striking ``by engaging in active 
     consultation'' and inserting ``in consultation'';
       (3) by striking paragraphs (4) and (5) and inserting the 
     following:
       ``(4) The planning process included public notice that the 
     planning products may be adopted or incorporated by reference 
     during a subsequent environmental review process in 
     accordance with this section.
       ``(5) During the environmental review process, but prior to 
     determining whether to rely on and use the planning product, 
     the lead agency has--
       ``(A) made the planning documents available for review and 
     comment by members of the general public and Federal, State, 
     local, and tribal governments that may have an interest in 
     the proposed action;
       ``(B) provided notice of the lead agency's intent to adopt 
     the planning product or incorporate the planning product by 
     reference; and
       ``(C) considered any resulting comments.'';
       (4) in paragraph (9)--
       (A) by inserting ``or incorporation by reference'' after 
     ``adoption''; and
       (B) by inserting ``and is sufficient to meet the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.)'' after ``for the project''; and
       (5) in paragraph (10) by striking ``not later than 5 years 
     prior to date on which the information is adopted'' and 
     inserting ``within the 5-year period ending on the date on 
     which the information is adopted or incorporated by 
     reference''.
       (e) Effect of Adoption or Incorporation by Reference.--
     Section 168(e) of title 23, United States Code, is amended--
       (1) in the subsection heading by inserting ``or 
     Incorporation by Reference'' after ``Adoption''; and
       (2) by striking ``adopted by the Federal lead agency'' and 
     inserting ``adopted or incorporated by reference by the lead 
     agency''.

     SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

       Section 169(f) of title 23, United States Code, is amended 
     by striking ``may use'' and inserting ``shall give 
     substantial weight to''.

     SEC. 1309. DELEGATION OF AUTHORITIES.

       (a) In General.--The Secretary shall use the authority 
     under section 106(c) of title 23, United States Code, to the 
     maximum extent practicable, to delegate responsibility to the 
     States for project design, plans, specifications, estimates, 
     contract awards, and inspection of projects, on both a 
     project-specific and programmatic basis.
       (b) Submission of Recommendations.--Not later than 18 
     months after the date of enactment of this Act, the 
     Secretary, in cooperation with the States, shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate recommendations for legislation to 
     permit the delegation of additional authorities to the 
     States, including with respect to real estate acquisition and 
     project design.

     SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED 
                   FEDERAL ASSISTANCE.

       (a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 
     U.S.C. 109 note) is amended--
       (1) in paragraph (1)(A) by inserting ``(as adjusted 
     annually by the Secretary to reflect any increases in the 
     Consumer Price Index prepared by the Department of Labor)'' 
     after ``$5,000,000''; and
       (2) in paragraph (1)(B) by inserting ``(as adjusted 
     annually by the Secretary to reflect any increases in the 
     Consumer Price Index prepared by the Department of Labor)'' 
     after ``$30,000,000''.
       (b) Retroactive Application.--The first adjustment made 
     pursuant to the amendments made by subsection (a) shall--
       (1) be carried out not later than 60 days after the date of 
     enactment of this Act; and
       (2) reflect the increase in the Consumer Price Index since 
     July 1, 2012.

     SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
                   MULTIMODAL PROJECTS.

       Section 304 of title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``operating authority that'' and inserting 
     ``operating administration or secretarial office that has 
     expertise but''; and
       (ii) by inserting ``proposed multimodal'' after ``with 
     respect to a''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Lead authority.--The term `lead authority' means a 
     Department of Transportation operating administration or 
     secretarial office that has the lead responsibility for 
     compliance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) with respect to a proposed 
     multimodal project.'';
       (2) in subsection (b) by inserting ``or title 23'' after 
     ``under this title'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Application of Categorical Exclusions for Multimodal 
     Projects.--In considering the environmental impacts of a 
     proposed multimodal project, a lead authority may apply 
     categorical exclusions designated under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 
     implementing regulations or procedures of a cooperating 
     authority for a proposed multimodal project, subject to the 
     conditions that--
       ``(1) the lead authority makes a determination, with the 
     concurrence of the cooperating authority--
       ``(A) on the applicability of a categorical exclusion to a 
     proposed multimodal project; and
       ``(B) that the project satisfies the conditions for a 
     categorical exclusion under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) and this section;
       ``(2) the lead authority follows the cooperating 
     authority's implementing regulations or procedures under such 
     Act; and
       ``(3) the lead authority determines that--
       ``(A) the proposed multimodal project does not individually 
     or cumulatively have a significant impact on the environment; 
     and
       ``(B) extraordinary circumstances do not exist that merit 
     additional analysis and documentation in an environmental 
     impact statement or environmental assessment required under 
     such Act.''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) Cooperating Authority Expertise.--A cooperating 
     authority shall provide expertise to the lead authority on 
     aspects of the multimodal project in which the cooperating 
     authority has expertise.''.

     SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

       Section 327 of title 23, United States Code, is amended--
       (1) in subsection (a)(2)(B)(iii) by striking ``(42 U.S.C. 
     13 4321 et seq.)'' and inserting ``(42 U.S.C. 4321 et 
     seq.)'';
       (2) in subsection (c)(4) by inserting ``reasonably'' before 
     ``considers necessary'';
       (3) in subsection (e) by inserting ``and without further 
     approval of'' after ``in lieu of'';
       (4) in subsection (g)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--To ensure compliance by a State with any 
     agreement of the State under subsection (c) (including 
     compliance by the State with all Federal laws for which 
     responsibility is assumed under subsection (a)(2)), for each 
     State participating in the program under this section, the 
     Secretary shall--
       ``(A) not later than 6 months after execution of the 
     agreement, meet with the State to review implementation of 
     the agreement and discuss plans for the first annual audit;
       ``(B) conduct annual audits during each of the first 4 
     years of State participation; and
       ``(C) ensure that the time period for completing an annual 
     audit, from initiation to completion (including public 
     comment and responses to those comments), does not exceed 180 
     days.''; and
       (B) by adding at the end the following:
       ``(3) Audit team.--An audit conducted under paragraph (1) 
     shall be carried out by an audit team determined by the 
     Secretary, in consultation with the State. Such consultation 
     shall include a reasonable opportunity for the State to 
     review and provide comments on the proposed members of the 
     audit team.''; and
       (5) by adding at the end the following:
       ``(k) Capacity Building.--The Secretary, in cooperation 
     with representatives of State officials, may carry out 
     education, training, peer-exchange, and other initiatives as 
     appropriate--
       ``(1) to assist States in developing the capacity to 
     participate in the assignment program under this section; and
       ``(2) to promote information sharing and collaboration 
     among States that are participating in the assignment program 
     under this section.
       ``(l) Relationship to Locally Administered Projects.--A 
     State granted authority under this section may, as 
     appropriate and at the request of a local government--
       ``(1) exercise such authority on behalf of the local 
     government for a locally administered project; or
       ``(2) provide guidance and training on consolidating and 
     minimizing the documentation and environmental analyses 
     necessary for sponsors of a locally administered project to 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and any comparable requirements under 
     State law.''.

     SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF 
                   ENVIRONMENTAL REVIEWS.

       (a) Purpose.--The purpose of this section is to eliminate 
     duplication of environmental reviews and approvals under 
     State and Federal laws.
       (b) In General.--Chapter 3 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 330. Program for eliminating duplication of 
       environmental reviews

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish a pilot 
     program to authorize States that are approved to participate 
     in the program to conduct environmental reviews and make 
     approvals for projects under State environmental laws and 
     regulations instead of Federal environmental laws and 
     regulations, consistent with the requirements of this 
     section.

[[Page H7534]]

       ``(2) Participating states.--The Secretary may select not 
     more than 5 States to participate in the program.
       ``(3) Alternative review and approval procedures.--In this 
     section, the term `alternative environmental review and 
     approval procedures' means--
       ``(A) substitution of 1 or more State environmental laws 
     for--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(ii) such provisions of sections 109(h), 128, and 139 
     related to the application of that Act that are under the 
     authority of the Secretary, as the Secretary, in consultation 
     with the State, considers appropriate; and
       ``(iii) related regulations and Executive orders; and
       ``(B) substitution of 1 or more State environmental 
     regulations for--
       ``(i) the National Environmental Policy Act of 1969;
       ``(ii) such provisions of sections 109(h), 128, and 139 
     related to the application of that Act that are under the 
     authority of the Secretary, as the Secretary, in consultation 
     with the State, considers appropriate; and
       ``(iii) related regulations and Executive orders.
       ``(b) Application.--To be eligible to participate in the 
     program, a State shall submit to the Secretary an application 
     containing such information as the Secretary may require, 
     including--
       ``(1) a full and complete description of the proposed 
     alternative environmental review and approval procedures of 
     the State;
       ``(2) each Federal law described in subsection (a)(3) that 
     the State is seeking to substitute;
       ``(3) each State law and regulation that the State intends 
     to substitute for such Federal law, Federal regulation, or 
     Executive order;
       ``(4) an explanation of the basis for concluding that the 
     State law or regulation is substantially equivalent to the 
     Federal law described in subsection (a)(3);
       ``(5) a description of the projects or classes of projects 
     for which the State anticipates exercising the authority that 
     may be granted under the program;
       ``(6) verification that the State has the financial 
     resources necessary to carry out the authority that may be 
     granted under the program;
       ``(7) evidence of having sought, received, and addressed 
     comments on the proposed application from the public; and
       ``(8) any such additional information as the Secretary, or, 
     with respect to section (d)(1)(A), the Secretary in 
     consultation with the Chair, may require.
       ``(c) Review of Application.--In accordance with subsection 
     (d), the Secretary shall--
       ``(1) review an application submitted under subsection (b);
       ``(2) approve or disapprove the application not later than 
     90 days after the date of receipt of the application; and
       ``(3) transmit to the State notice of the approval or 
     disapproval, together with a statement of the reasons for the 
     approval or disapproval.
       ``(d) Approval of Application.--
       ``(1) In general.--The Secretary shall approve an 
     application submitted under subsection (b) only if--
       ``(A) the Secretary, with the concurrence of the Chair, 
     determines that the laws and regulations of the State 
     described in the application are substantially equivalent to 
     the Federal laws that the State is seeking to substitute;
       ``(B) the Secretary determines that the State has the 
     capacity, including financial and personnel, to assume the 
     responsibility; and
       ``(C) the State has executed an agreement with the 
     Secretary, in accordance with section 327, providing for 
     environmental review, consultation, or other action under 
     Federal environmental laws pertaining to the review or 
     approval of a specific project.
       ``(2) Exclusion.--The National Environmental Policy Act of 
     1969 shall not apply to a decision by the Secretary to 
     approve or disapprove an application submitted under this 
     section.
       ``(e) Judicial Review.--
       ``(1) In general.--The United States district courts shall 
     have exclusive jurisdiction over any civil action against a 
     State--
       ``(A) for failure of the State to meet the requirements of 
     this section; or
       ``(B) if the action involves the exercise of authority by 
     the State under this section and section 327.
       ``(2) State jurisdiction.--A State court shall have 
     exclusive jurisdiction over any civil action against a State 
     if the action involves the exercise of authority by the State 
     under this section not covered by paragraph (1).
       ``(f) Election.--At its discretion, a State participating 
     in the programs under this section and section 327 may elect 
     to apply the National Environmental Protection Act of 1969 
     instead of the State's alternative environmental review and 
     approval procedures.
       ``(g) Treatment of State Laws and Regulations.--To the 
     maximum extent practicable and consistent with Federal law, 
     other Federal agencies with authority over a project subject 
     to this section shall use documents produced by a 
     participating State under this section to satisfy the 
     requirements of the National Environmental Policy Act of 
     1969.
       ``(h) Relationship to Locally Administered Projects.--
       ``(1) In general.--A State with an approved program under 
     this section, at the request of a local government, may 
     exercise authority under that program on behalf of up to 10 
     local governments for locally administered projects.
       ``(2) Scope.--For up to 10 local governments selected by a 
     State with an approved program under this section, the State 
     shall be responsible for ensuring that any environmental 
     review, consultation, or other action required under the 
     National Environmental Policy Act of 1969 or the State 
     program, or both, meets the requirements of such Act or 
     program.
       ``(i) Review and Termination.--
       ``(1) In general.--A State program approved under this 
     section shall at all times be in accordance with the 
     requirements of this section.
       ``(2) Review.--The Secretary shall review each State 
     program approved under this section not less than once every 
     5 years.
       ``(3) Public notice and comment.--In conducting the review 
     process under paragraph (2), the Secretary shall provide 
     notice and an opportunity for public comment.
       ``(4) Withdrawal of approval.--If the Secretary, in 
     consultation with the Chair, determines at any time that a 
     State is not administering a State program approved under 
     this section in accordance with the requirements of this 
     section, the Secretary shall so notify the State, and if 
     appropriate corrective action is not taken within a 
     reasonable time, not to exceed 90 days, the Secretary shall 
     withdraw approval of the State program.
       ``(5) Extensions and terminations.--At the conclusion of 
     the review process under paragraph (2), the Secretary may 
     extend for an additional 5-year period or terminate the 
     authority of a State under this section to substitute that 
     State's laws and regulations for Federal laws.
       ``(j) Report to Congress.--Not later than 2 years after the 
     date of enactment of this section, and annually thereafter, 
     the Secretary shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that describes the administration of the program, 
     including--
       ``(1) the number of States participating in the program;
       ``(2) the number and types of projects for which each State 
     participating in the program has used alternative 
     environmental review and approval procedures; and
       ``(3) any recommendations for modifications to the program.
       ``(k) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Chair.--The term `Chair' means the Chair of the 
     Council on Environmental Quality.
       ``(2) Multimodal project.--The term `multimodal project' 
     has the meaning given that term in section 139(a).
       ``(3) Program.--The term `program' means the pilot program 
     established under this section.
       ``(4) Project.--The term `project' means--
       ``(A) a project requiring approval under this title, 
     chapter 53 of subtitle III of title 49, or subtitle V of 
     title 49; and
       ``(B) a multimodal project.''.
       (c) Rulemaking.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Chair of the Council on Environmental 
     Quality, shall promulgate regulations to implement the 
     requirements of section 330 of title 23, United States Code, 
     as added by this section.
       (2) Determination of substantially equivalent.--As part of 
     the rulemaking required under this subsection, the Chair 
     shall--
       (A) establish the criteria necessary to determine that a 
     State law or regulation is substantially equivalent to a 
     Federal law described in section 330(a)(3) of title 23, 
     United States Code;
       (B) ensure that such criteria, at a minimum--
       (i) provide for protection of the environment;
       (ii) provide opportunity for public participation and 
     comment, including access to the documentation necessary to 
     review the potential impact of a project; and
       (iii) ensure a consistent review of projects that would 
     otherwise have been covered under Federal law.
       (d) Clerical Amendment.--The analysis for chapter 3 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``330. Program for eliminating duplication of environmental reviews.''.

     SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT 
                   DELIVERY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall assess the progress made under this Act, MAP-21 
     (Public Law 112-141), and SAFETEA-LU (Public Law 109-59), 
     including the amendments made by those Acts, to accelerate 
     the delivery of Federal-aid highway and highway safety 
     construction projects and public transportation capital 
     projects by streamlining the environmental review and 
     permitting process.
       (b) Contents.--The assessment required under subsection (a) 
     shall evaluate--
       (1) how often the various streamlining provisions have been 
     used;
       (2) which of the streamlining provisions have had the 
     greatest impact on streamlining the environmental review and 
     permitting process;

[[Page H7535]]

       (3) what, if any, impact streamlining of the process has 
     had on environmental protection;
       (4) how, and the extent to which, streamlining provisions 
     have improved and accelerated the process for permitting 
     under the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq.), and other applicable Federal laws;
       (5) what impact actions by the Council on Environmental 
     Quality have had on accelerating Federal-aid highway and 
     highway safety construction projects and public 
     transportation capital projects;
       (6) the number and percentage of projects that proceed 
     under a traditional environmental assessment or environmental 
     impact statement, and the number and percentage of projects 
     that proceed under categorical exclusions;
       (7) the extent to which the environmental review and 
     permitting process remains a significant source of project 
     delay and the sources of delays; and
       (8) the costs of conducting environmental reviews and 
     issuing permits or licenses for a project, including the cost 
     of contractors and dedicated agency staff.
       (c) Recommendations.--The assessment required under 
     subsection (a) shall include recommendations with respect 
     to--
       (1) additional opportunities for streamlining the 
     environmental review process, including regulatory or 
     statutory changes to accelerate the processes of Federal 
     agencies (other than the Department) with responsibility for 
     reviewing Federal-aid highway and highway safety construction 
     projects and public transportation capital projects without 
     negatively impacting the environment; and
       (2) best practices of other Federal agencies that should be 
     considered for adoption by the Department.
       (d) Report to Congress.--The Comptroller General of the 
     United States shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report containing the assessment and recommendations required 
     under this section.

     SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN 
                   ENVIRONMENTAL REVIEWS.

       (a) In General.--Title 49, United States Code, is amended 
     by inserting after section 306 the following:

     ``Sec. 307. Improving State and Federal agency engagement in 
       environmental reviews

       ``(a) In General.--
       ``(1) Requests to provide funds.--A public entity receiving 
     financial assistance from the Department of Transportation 
     for 1 or more projects, or for a program of projects, for a 
     public purpose may request that the Secretary allow the 
     public entity to provide funds to Federal agencies, including 
     the Department, State agencies, and Indian tribes 
     participating in the environmental planning and review 
     process for the project, projects, or program.
       ``(2) Use of funds.--The funds may be provided only to 
     support activities that directly and meaningfully contribute 
     to expediting and improving permitting and review processes, 
     including planning, approval, and consultation processes for 
     the project, projects, or program.
       ``(b) Activities Eligible for Funding.--Activities for 
     which funds may be provided under subsection (a) include 
     transportation planning activities that precede the 
     initiation of the environmental review process, activities 
     directly related to the environmental review process, 
     dedicated staffing, training of agency personnel, information 
     gathering and mapping, and development of programmatic 
     agreements.
       ``(c) Amounts.--Requests under subsection (a) may be 
     approved only for the additional amounts that the Secretary 
     determines are necessary for the Federal agencies, State 
     agencies, or Indian tribes participating in the environmental 
     review process to timely conduct their review.
       ``(d) Agreements.--Prior to providing funds approved by the 
     Secretary for dedicated staffing at an affected Federal 
     agency under subsection (a), the affected Federal agency and 
     the requesting public entity shall enter into an agreement 
     that establishes a process to identify projects or priorities 
     to be addressed by the use of the funds.
       ``(e) Rulemaking.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall initiate a 
     rulemaking to implement this section.
       ``(2) Factors.--As part of the rulemaking carried out under 
     paragraph (1), the Secretary shall ensure--
       ``(A) to the maximum extent practicable, that expediting 
     and improving the process of environmental review and 
     permitting through the use of funds accepted and expended 
     under this section does not adversely affect the timeline for 
     review and permitting by Federal agencies, State agencies, or 
     Indian tribes of other entities that have not contributed 
     funds under this section;
       ``(B) that the use of funds accepted under this section 
     will not impact impartial decisionmaking with respect to 
     environmental reviews or permits, either substantively or 
     procedurally; and
       ``(C) that the Secretary maintains, and makes publicly 
     available, including on the Internet, a list of projects or 
     programs for which such review or permits have been carried 
     out using funds authorized under this section.
       ``(f) Existing Authority.--Nothing in this section may be 
     construed to conflict with section 139(j) of title 23.''.
       (b) Conforming Amendment.--The analysis for chapter 3 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 306 the following:

``307. Improving State and Federal agency engagement in environmental 
              reviews.''.

     SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 
                   REVIEWS.

       (a) In General.--Title 49, United States Code, is amended 
     by inserting after section 304 the following:

     ``Sec. 304a. Accelerated decisionmaking in environmental 
       reviews

       ``(a) In General.--In preparing a final environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies 
     the statement in response to comments that are minor and are 
     confined to factual corrections or explanations of why the 
     comments do not warrant additional agency response, the lead 
     agency may write on errata sheets attached to the statement, 
     instead of rewriting the draft statement, subject to the 
     condition that the errata sheets--
       ``(1) cite the sources, authorities, and reasons that 
     support the position of the agency; and
       ``(2) if appropriate, indicate the circumstances that would 
     trigger agency reappraisal or further response.
       ``(b) Single Document.--To the maximum extent practicable, 
     the lead agency shall expeditiously develop a single document 
     that consists of a final environmental impact statement and a 
     record of decision, unless--
       ``(1) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       ``(2) there is a significant new circumstance or 
     information relevant to environmental concerns that bears on 
     the proposed action or the impacts of the proposed action.
       ``(c) Adoption of Documents.--
       ``(1) Avoiding duplication.--To prevent duplication of 
     analyses and support expeditious and efficient decisions, the 
     operating administrations of the Department of Transportation 
     shall use adoption and incorporation by reference in 
     accordance with this paragraph.
       ``(2) Adoption of documents of other operating 
     administrations.--An operating administration or a 
     secretarial office within the Department of Transportation 
     may adopt a draft environmental impact statement, an 
     environmental assessment, or a final environmental impact 
     statement of another operating administration for the 
     adopting operating administration's use when preparing an 
     environmental assessment or final environmental impact 
     statement for a project without recirculating the document 
     for public review, if--
       ``(A) the adopting operating administration certifies that 
     its proposed action is substantially the same as the project 
     considered in the document to be adopted;
       ``(B) the other operating administration concurs with such 
     decision; and
       ``(C) such actions are consistent with the requirements of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       ``(3) Incorporation by reference.--An operating 
     administration or secretarial office within the Department of 
     Transportation may incorporate by reference all or portions 
     of a draft environmental impact statement, an environmental 
     assessment, or a final environmental impact statement for the 
     adopting operating administration's use when preparing an 
     environmental assessment or final environmental impact 
     statement for a project if--
       ``(A) the incorporated material is cited in the 
     environmental assessment or final environmental impact 
     statement and the contents of the incorporated material is 
     briefly described;
       ``(B) the incorporated material is reasonably available for 
     inspection by potentially interested persons within the time 
     allowed for review and comment; and
       ``(C) the incorporated material does not include 
     proprietary data that is not available for review and 
     comment.''.
       (b) Conforming Amendment.--The analysis for chapter 3 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 304 the following:

``304a. Accelerated decisionmaking in environmental reviews.''.

     SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.

       (a) In General.--Title 49, United States Code, is amended 
     by inserting after section 309 the following:

     ``Sec. 310. Aligning Federal environmental reviews

       ``(a) Coordinated and Concurrent Environmental Reviews.--
     Not later than 1 year after the date of enactment of this 
     section, the Department of Transportation, in coordination 
     with the heads of Federal agencies likely to have substantive 
     review or approval responsibilities under Federal law, shall 
     develop a coordinated and concurrent environmental review and 
     permitting process for transportation projects when 
     initiating an environmental impact statement under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.; in this section referred to as `NEPA').

[[Page H7536]]

       ``(b) Contents.--The coordinated and concurrent 
     environmental review and permitting process shall--
       ``(1) ensure that the Department and agencies of 
     jurisdiction possess sufficient information early in the 
     review process to determine a statement of a transportation 
     project's purpose and need and range of alternatives for 
     analysis that the lead agency and agencies of jurisdiction 
     will rely on for concurrent environmental reviews and 
     permitting decisions required for the proposed project;
       ``(2) achieve early concurrence or issue resolution during 
     the NEPA scoping process on the Department of 
     Transportation's statement of a project's purpose and need, 
     and during development of the environmental impact statement 
     on the range of alternatives for analysis, that the lead 
     agency and agencies of jurisdiction will rely on for 
     concurrent environmental reviews and permitting decisions 
     required for the proposed project absent circumstances that 
     require reconsideration in order to meet an agency of 
     jurisdiction's obligations under a statute or Executive 
     order; and
       ``(3) achieve concurrence or issue resolution in an 
     expedited manner if circumstances arise that require a 
     reconsideration of the purpose and need or range of 
     alternatives considered during any Federal agency's 
     environmental or permitting review in order to meet an agency 
     of jurisdiction's obligations under a statute or Executive 
     order.
       ``(c) Environmental Checklist.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary of Transportation 
     and Federal agencies of jurisdiction likely to have 
     substantive review or approval responsibilities on 
     transportation projects shall jointly develop a checklist to 
     help project sponsors identify potential natural, cultural, 
     and historic resources in the area of a proposed project.
       ``(2) Purpose.--The purpose of the checklist shall be to--
       ``(A) identify agencies of jurisdiction and cooperating 
     agencies;
       ``(B) develop the information needed for the purpose and 
     need and alternatives for analysis; and
       ``(C) improve interagency collaboration to help expedite 
     the permitting process for the lead agency and agencies of 
     jurisdiction.
       ``(d) Interagency Collaboration.--
       ``(1) In general.--Consistent with Federal environmental 
     statutes, the Secretary shall facilitate annual interagency 
     collaboration sessions at the appropriate jurisdictional 
     level to coordinate business plans and facilitate 
     coordination of workload planning and workforce management.
       ``(2) Purpose of collaboration sessions.--The interagency 
     collaboration sessions shall ensure that agency staff is--
       ``(A) fully engaged;
       ``(B) utilizing the flexibility of existing regulations, 
     policies, and guidance; and
       ``(C) identifying additional actions to facilitate high 
     quality, efficient, and targeted environmental reviews and 
     permitting decisions.
       ``(3) Focus of collaboration sessions.--The interagency 
     collaboration sessions, and the interagency collaborations 
     generated by the sessions, shall focus on methods to--
       ``(A) work with State and local transportation entities to 
     improve project planning, siting, and application quality; 
     and
       ``(B) consult and coordinate with relevant stakeholders and 
     Federal, tribal, State, and local representatives early in 
     permitting processes.
       ``(e) Performance Measurement.--Not later than 1 year after 
     the date of enactment of this section, the Secretary, in 
     coordination with relevant Federal agencies, shall establish 
     a program to measure and report on progress towards aligning 
     Federal reviews as outlined in this section.''.
       (b) Conforming Amendment.--The analysis for chapter 3 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 309 the following:

``310. Aligning Federal environmental reviews.''.

                       Subtitle D--Miscellaneous

     SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION 
                   AND REHABILITATION.

       (a) Tolling.--Section 129(a) of title 23, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B) by striking ``, bridge, or tunnel'' 
     each place it appears;
       (B) in subparagraph (C) by striking ``, bridge, or tunnel'' 
     each place it appears;
       (C) by striking subparagraph (G);
       (D) by redesignating subparagraphs (H) and (I) as 
     subparagraphs (G) and (H); and
       (E) in subparagraph (G) as redesignated--
       (i) by inserting ``(HOV)'' after ``high occupancy 
     vehicle''; and
       (ii) by inserting ``under section 166 of this title'' after 
     ``facility'';
       (2) in paragraph (3)(A)--
       (A) by striking ``shall use'' and inserting ``shall ensure 
     that''; and
       (B) by inserting ``are used'' after ``toll facility'' the 
     second place it appears; and
       (3) by striking paragraph (4) and redesignating paragraphs 
     (5) through (10) as paragraphs (4) through (9), respectively.
       (b) HOV Facilities.--Section 166 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking the paragraph heading and inserting 
     ``authority of public authorities''; and
       (B) by striking ``State agency'' and inserting ``public 
     authority'';
       (2) in subsection (b)--
       (A) by striking ``State agency'' each place it appears and 
     inserting ``public authority'';
       (B) in paragraph (3)--
       (i) by striking ``and'' at the end of subparagraph (A);
       (ii) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (iii) by inserting at the end the following:
       ``(C) provides equal access for all public transportation 
     vehicles and over-the-road buses.''; and
       (C) in paragraph (5)--
       (i) in subparagraph (A) by striking ``2017'' and inserting 
     ``2021''; and
       (ii) in subparagraph (B) by striking ``2017'' and inserting 
     ``2021'';
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Notwithstanding section 301, tolls may 
     be charged under paragraphs (4) and (5) of subsection (b), 
     subject to the requirements of section 129.'';
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (C) by inserting after paragraph (2), as redesignated, the 
     following:
       ``(3) Exemption from tolls.--In levying tolls on a facility 
     under this section, a public authority may designate classes 
     of vehicles that are exempt from the tolls or charge 
     different toll rates for different classes of vehicles, if 
     equal rates are charged for all public transportation 
     vehicles and over-the-road buses, whether publicly or 
     privately owned.'';
       (4) in subsection (d)--
       (A) by striking ``State agency'' each place it appears and 
     inserting ``public authority'';
       (B) in paragraph (1)--
       (i) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (ii) by inserting after subparagraph (C) the following:
       ``(D) Consultation of mpo.--If the facility is on the 
     Interstate System and located in a metropolitan planning area 
     established in accordance with section 134, consulting with 
     the metropolitan planning organization for the area 
     concerning the placement and amount of tolls on the 
     facility.''; and
       (iii) in subparagraph (F), as redesignated--

       (I) by striking ``State'' the first place it appears and 
     inserting ``public authority''; and
       (II) by striking ``subparagraph (D)'' and inserting 
     ``subparagraph (E)''; and

       (5) in subsection (f)--
       (A) in paragraph (4)(B)(iii) by striking ``State agency'' 
     and inserting ``public authority''; and
       (B) by striking paragraph (5) and inserting after paragraph 
     (4) the following:
       ``(5) Over-the-road bus.--The term `over-the-road bus' 
     means a vehicle as defined in section 301(5) of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12181(5)).
       ``(6) Public authority.--The term `public authority' as 
     used with respect to a HOV facility, means a State, 
     interstate compact of States, public entity designated by a 
     State, or local government having jurisdiction over the 
     operation of the facility.''.
       (c) Interstate System Reconstruction and Rehabilitation 
     Pilot Program.--Section 1216(b) of the Transportation Equity 
     Act for the 21st Century (Public Law 105-178) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (D) by striking ``and'' at the end;
       (B) in subparagraph (E) by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) the State has approved enabling legislation required 
     for the project to proceed.'';
       (2) by redesignating paragraphs (6) through (8) as 
     paragraphs (8) through (10), respectively; and
       (3) by inserting after paragraph (5) the following:
       ``(6) Requirements for project completion.--
       ``(A) General term for expiration of provisional 
     application.--An application provisionally approved by the 
     Secretary under this subsection shall expire 3 years after 
     the date on which the application was provisionally approved 
     if the State has not--
       ``(i) submitted a complete application to the Secretary 
     that fully satisfies the eligibility criteria under paragraph 
     (3) and the selection criteria under paragraph (4);
       ``(ii) completed the environmental review and permitting 
     process under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) for the pilot project; and
       ``(iii) executed a toll agreement with the Secretary.
       ``(B) Exceptions to expiration.--Notwithstanding 
     subparagraph (A), the Secretary may extend the provisional 
     approval for not more than 1 additional year if the State 
     demonstrates material progress toward implementation of the 
     project as evidenced by--
       ``(i) substantial progress in completing the environmental 
     review and permitting process for the pilot project under the 
     National Environmental Policy Act of 1969;
       ``(ii) funding and financing commitments for the pilot 
     project;
       ``(iii) expressions of support for the pilot project from 
     State and local governments, community interests, and the 
     public; and
       ``(iv) submission of a facility management plan pursuant to 
     paragraph (3)(D).

[[Page H7537]]

       ``(C) Conditions for previously provisionally approved 
     applications.--A State with a provisionally approved 
     application for a pilot project as of the date of enactment 
     of the Surface Transportation Reauthorization and Reform Act 
     of 2015 shall have 1 year after such date of enactment to 
     meet the requirements of subparagraph (A) or receive an 
     extension from the Secretary under subparagraph (B), or the 
     application will expire.
       ``(7) Definition.--In this subsection, the term 
     `provisional approval' or `provisionally approved' means the 
     approval by the Secretary of a partial application under this 
     subsection, including the reservation of a slot in the pilot 
     program.''.
       (d) Approval of Applications.--The Secretary may approve an 
     application submitted under section 1604(c) of SAFETEA-LU 
     (Public Law 109-59; 119 Stat. 1253) if the application, or 
     any part of the application, was submitted before the 
     deadline specified in section 1604(c)(8) of that Act.

     SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED 
                   TRAFFIC ENFORCEMENT.

       (a) Prohibition.--Except as provided in subsection (b), for 
     fiscal years 2016 through 2021, funds apportioned to a State 
     under section 104(b)(3) of title 23, United States Code, may 
     not be used to purchase, operate, or maintain an automated 
     traffic enforcement system.
       (b) Exception.--Subsection (a) does not apply to an 
     automated traffic enforcement system located in a school 
     zone.
       (c) Automated Traffic Enforcement System Defined.--In this 
     section, the term ``automated traffic enforcement system'' 
     means any camera that captures an image of a vehicle for the 
     purposes of traffic law enforcement.

     SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING 
                   WHILE INTOXICATED OR DRIVING UNDER THE 
                   INFLUENCE.

       (a) In General.--Section 164(a)(4) of title 23, United 
     States Code, is amended--
       (1) in the matter preceding subparagraph (A) by inserting 
     ``, or a combination of State laws,'' after ``a State law''; 
     and
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) receive, for 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 system installed (allowing for limited exceptions 
     for circumstances when 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); or
       ``(iii) a combination of both clauses (i) and (ii);''.
       (b) Application.--The amendments made by this section shall 
     apply with respect to fiscal years beginning after the date 
     of enactment of this Act.

     SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND 
                   ACCOUNTABILITY.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (g) and inserting the 
     following:
       ``(g) Highway Trust Fund Transparency and Accountability 
     Reports.--
       ``(1) Compilation of data.--The Secretary shall compile 
     data in accordance with this subsection on the use of 
     Federal-aid highway funds made available under this title.
       ``(2) Requirements.--The Secretary shall ensure that the 
     reports required under this subsection are made available in 
     a user-friendly manner on the public Internet Web site of the 
     Department and can be searched and downloaded by users of the 
     Web site.
       ``(3) Contents of reports.--
       ``(A) Apportioned and allocated programs.--On a semiannual 
     basis, the Secretary shall make available a report on funding 
     apportioned and allocated to the States under this title that 
     describes--
       ``(i) the amount of funding obligated by each State, year-
     to-date, for the current fiscal year;
       ``(ii) the amount of funds remaining available for 
     obligation by each State;
       ``(iii) changes in the obligated, unexpended balance for 
     each State, year-to-date, during the current fiscal year, 
     including the obligated, unexpended balance at the end of the 
     preceding fiscal year and current fiscal year expenditures;
       ``(iv) the amount and program category of unobligated 
     funding, year-to-date, available for expenditure at the 
     discretion of the Secretary;
       ``(v) the rates of obligation on and off the National 
     Highway System, year-to-date, for the current fiscal year of 
     funds apportioned, allocated, or set aside under this 
     section, according to--

       ``(I) program;
       ``(II) funding category or subcategory;
       ``(III) type of improvement;
       ``(IV) State; and
       ``(V) sub-State geographical area, including urbanized and 
     rural areas, on the basis of the population of each such 
     area; and

       ``(vi) the amount of funds transferred by each State, year-
     to-date, for the current fiscal year between programs under 
     section 126.
       ``(B) Project data.--On an annual basis, the Secretary 
     shall make available a report that, to the maximum extent 
     possible, provides project-specific data describing--
       ``(i) for all projects funded under this title (excluding 
     projects for which funds are transferred to agencies other 
     than the Federal Highway Administration)--

       ``(I) the specific location of the project;
       ``(II) the total cost of the project;
       ``(III) the amount of Federal funding obligated for the 
     project;
       ``(IV) the program or programs from which Federal funds 
     have been obligated for the project;
       ``(V) the type of improvement being made; and
       ``(VI) the ownership of the highway or bridge; and

       ``(ii) for any project funded under this title (excluding 
     projects for which funds are transferred to agencies other 
     than the Federal Highway Administration) with an estimated 
     total cost as of the start of construction in excess of 
     $100,000,000, the data specified under clause (i) and 
     additional data describing--

       ``(I) whether the project is located in an area of the 
     State with a population of--

       ``(aa) less than 5,000 individuals;
       ``(bb) 5,000 or more individuals but less than 50,000 
     individuals;
       ``(cc) 50,000 or more individuals but less than 200,000 
     individuals; or
       ``(dd) 200,000 or more individuals;

       ``(II) the estimated cost of the project as of the start of 
     project construction, or the revised cost estimate based on a 
     description of revisions to the scope of work or other 
     factors affecting project cost other than cost overruns; and
       ``(III) the amount of non-Federal funds obligated for the 
     project.''.

       (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. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY 
                   SYSTEM.

       (a) Identification of High Priority Corridors on National 
     Highway System.--Section 1105(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 is amended--
       (1) by striking paragraph (13) and inserting the following:
       ``(13) Raleigh-Norfolk Corridor from Raleigh, North 
     Carolina, through Rocky Mount, Williamston, and Elizabeth 
     City, North Carolina, to Norfolk, Virginia.'';
       (2) in paragraph (18)(D)--
       (A) in clause (ii) by striking ``and'' at the end;
       (B) in clause (iii) by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iv) include Texas State Highway 44 from United States 
     Route 59 at Freer, Texas, to Texas State Highway 358.'';
       (3) by striking paragraph (68) and inserting the following:
       ``(68) The Washoe County Corridor and the Intermountain 
     West Corridor, which shall generally follow--
       ``(A) for the Washoe County Corridor, along Interstate 
     Route 580/United States Route 95/United States Route 95A from 
     Reno, Nevada, to Las Vegas, Nevada; and
       ``(B) for the Intermountain West Corridor, from the 
     vicinity of Las Vegas, Nevada, north along United States 
     Route 95 terminating at Interstate Route 80.''; and
       (4) by adding at the end the following:
       ``(81) United States Route 117/Interstate Route 795 from 
     United States Route 70 in Goldsboro, Wayne County, North 
     Carolina, to Interstate Route 40 west of Faison, Sampson 
     County, North Carolina.
       ``(82) United States Route 70 from its intersection with 
     Interstate Route 40 in Garner, Wake County, North Carolina, 
     to the Port at Morehead City, Carteret County, North 
     Carolina.
       ``(83) The Sonoran Corridor along State Route 410 
     connecting Interstate Route 19 and Interstate Route 10 south 
     of the Tucson International Airport.
       ``(84) The Central Texas Corridor commencing at the logical 
     terminus of Interstate Route 10, generally following portions 
     of United States Route 190 eastward, passing in the vicinity 
     Fort Hood, Killeen, Belton, Temple, Bryan, College Station, 
     Huntsville, Livingston, and Woodville, to the logical 
     terminus of Texas Highway 63 at the Sabine River Bridge at 
     Burrs Crossing.
       ``(85) Interstate Route 81 in New York from its 
     intersection with Interstate Route 86 to the United States-
     Canadian border.''.
       (b) Inclusion of Certain Route Segments on Interstate 
     System.--Section 1105(e)(5)(A) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 is amended--
       (1) by inserting ``subsection (c)(13),'' after ``subsection 
     (c)(9),'';
       (2) by striking ``subsections (c)(18)'' and all that 
     follows through ``subsection (c)(36)'' and inserting 
     ``subsection (c)(18), subsection (c)(20), subparagraphs (A) 
     and (B)(i) of subsection (c)(26), subsection (c)(36)''; and
       (3) by striking ``and subsection (c)(57)'' and inserting 
     ``subsection (c)(57), subsection (c)(68)(B), subsection 
     (c)(81), subsection (c)(82), and subsection (c)(83)''.
       (c) Designation.--Section 1105(e)(5)(C)(i) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 is 
     amended by striking the final sentence and inserting the 
     following: ``The routes referred to in subparagraphs (A) and 
     (B)(i) of subsection (c)(26) and in subsection (c)(68)(B) are 
     designated as Interstate Route I-11.''.
       (d) Future Interstate Designation.--Section 119(a) of the 
     SAFETEA-LU Technical Corrections Act of 2008 is amended by 
     striking ``and, as a future Interstate Route 66 Spur, the 
     Natcher Parkway in Owensboro, Kentucky'' and inserting 
     ``between Henderson, Kentucky, and Owensboro, Kentucky,

[[Page H7538]]

     and, as a future Interstate Route 65 and 66 Spur, the William 
     H. Natcher Parkway between Bowling Green, Kentucky, and 
     Owensboro, Kentucky''.

     SEC. 1406. FLEXIBILITY FOR PROJECTS.

       (a) Authority.--With respect to projects eligible for 
     funding under title 23, United States Code, subject to 
     subsection (b) and on request by a State, the Secretary may--
       (1) exercise all existing flexibilities under and 
     exceptions to--
       (A) the requirements of title 23, United States Code; and
       (B) other requirements administered by the Secretary, in 
     whole or part; and
       (2) otherwise provide additional flexibility or expedited 
     processing with respect to the requirements described in 
     paragraph (1).
       (b) Maintaining Protections.--Nothing in this section--
       (1) waives the requirements of section 113 or 138 of title 
     23, United States Code;
       (2) supersedes, amends, or modifies--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) or any other Federal environmental law; 
     or
       (B) any requirement of title 23 or title 49, United States 
     Code; or
       (3) affects the responsibility of any Federal officer to 
     comply with or enforce any law or requirement described in 
     this subsection.

     SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop guidance 
     that encourages the use of programmatic approaches to project 
     delivery, expedited and prudent procurement techniques, and 
     other best practices to facilitate productive, effective, and 
     timely expenditure of funds for projects eligible for funding 
     under title 23, United States Code.
       (b) Implementation.--The Secretary shall work with States 
     to ensure that any guidance developed under subsection (a) is 
     consistently implemented by States and the Federal Highway 
     Administration to--
       (1) avoid unnecessary delays in completing projects;
       (2) minimize cost overruns; and
       (3) ensure the effective use of Federal funding.

     SEC. 1408. CONSOLIDATION OF PROGRAMS.

       Section 1519(a) of MAP-21 (126 Stat. 574) is amended by 
     striking ``From administrative funds'' and all that follows 
     through ``shall be made available'' and inserting ``For each 
     of fiscal years 2016 through 2021, before making an 
     apportionment under section 104(b)(3) of title 23, United 
     States Code, the Secretary shall set aside, from amounts made 
     available to carry out the highway safety improvement program 
     under section 148 of such title for the fiscal year, 
     $3,500,000''.

     SEC. 1409. FEDERAL SHARE PAYABLE.

       (a) Innovative Project Delivery Methods.--Section 
     120(c)(3)(A)(ii) of title 23, United States Code, is amended 
     by inserting ``engineering or design approaches,'' after 
     ``technologies,''.
       (b) Emergency Relief.--Section 120(e)(2) of title 23, 
     United States Code, is amended by striking ``Federal land 
     access transportation facilities,'' and inserting ``other 
     federally owned roads that are open to public travel,''.

     SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING 
                   REQUIREMENTS.

       (a) Fundamental Properties of Asphalts Report.--Section 
     6016(e) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (105 Stat. 2183) is repealed.
       (b) Express Lanes Demonstration Program Reports.--Section 
     1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.

     SEC. 1411. TECHNICAL CORRECTIONS.

       (a) Title 23.--Title 23, United States Code, is amended as 
     follows:
       (1) Section 150(c)(3)(B) is amended by striking the 
     semicolon at the end and inserting a period.
       (2) Section 154(c) is amended--
       (A) in paragraph (3)(A) by striking ``transferred'' and 
     inserting ``reserved''; and
       (B) in paragraph (5)--
       (i) in the matter preceding subparagraph (A) by inserting 
     ``or released'' after ``transferred''; and
       (ii) in subparagraph (A) by striking ``under section 
     104(b)(l)'' and inserting ``under section 104(b)(1)''.
       (3) Section 164(b) is amended--
       (A) in paragraph (3)(A) by striking ``transferred'' and 
     inserting ``reserved''; and
       (B) in paragraph (5) by inserting ``or released'' after 
     ``transferred''.
       (b) MAP-21.--Effective as of July 6, 2012, and as if 
     included therein as enacted, MAP-21 (Public Law 112-141) is 
     amended as follows:
       (1) Section 1109(a)(2) (126 Stat. 444) is amended by 
     striking ``fourth'' and inserting ``fifth''.
       (2) Section 1203 (126 Stat. 524) is amended--
       (A) in subsection (a) by striking ``Section 150 of title 
     23, United States Code, is amended to read as follows'' and 
     inserting ``Title 23, United States Code, is amended by 
     inserting after section 149 the following''; and
       (B) in subsection (b) by striking ``by striking the item 
     relating to section 150 and inserting'' and inserting ``by 
     inserting after the item relating to section 149''.
       (3) Section 1313(a)(1) (126 Stat. 545) is amended to read 
     as follows:
       ``(1) in the section heading by striking `pilot'; and''.
       (4) Section 1314(b) (126 Stat. 549) is amended--
       (A) by inserting ``chapter 3 of'' after ``analysis for''; 
     and
       (B) by inserting a period at the end of the matter proposed 
     to be inserted.
       (5) Section 1519(c) (126 Stat. 575) is amended--
       (A) by striking paragraph (3);
       (B) by redesignating paragraphs (4) through (12) as 
     paragraphs (3) through (11), respectively;
       (C) in paragraph (7), as redesignated by subparagraph (B) 
     of this paragraph--
       (i) by striking the period at the end of the matter 
     proposed to be struck; and
       (ii) by adding a period at the end; and
       (D) in paragraph (8)(A)(i)(I), as redesignated by 
     subparagraph (B) of this paragraph, by striking ``than rail'' 
     in the matter proposed to be struck and inserting ``than on 
     rail''.
       (6) Section 1528 is amended--
       (A) in subsection (b) by inserting ``(or a lower percentage 
     if so requested by a State with respect to a project)'' after 
     ``100 percent''; and
       (B) in subsection (c) by inserting ``(or a lower percentage 
     if so requested by a State with respect to a project)'' after 
     ``100 percent''.

     SEC. 1412. SAFETY FOR USERS.

       (a) In General.--The Secretary shall encourage each State 
     and metropolitan planning organization to adopt standards for 
     the design of Federal surface transportation projects that 
     provide for the safe and adequate accommodation (as 
     determined by the State) in all phases of project planning, 
     development, and operation, of all users of the surface 
     transportation network, including motorized and nonmotorized 
     users.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall make available 
     to the public a report cataloging examples of State law or 
     State transportation policy that provides for the safe and 
     adequate accommodation, in all phases of project planning, 
     development, and operation of all users of the surface 
     transportation network.
       (c) Best Practices.--Based on the report required under 
     subsection (b), the Secretary shall identify and disseminate 
     examples of best practices where States have adopted measures 
     that have successfully provided for the safe and adequate 
     accommodation of all users of the transportation network in 
     all phases of project development and operation.

     SEC. 1413. DESIGN STANDARDS.

       (a) In General.--Section 109 of title 23, United States 
     Code, is amended--
       (1) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``may take into account'' and inserting 
     ``shall consider'';
       (ii) in subparagraph (B) by striking ``and'' at the end;
       (iii) by redesignating subparagraph (C) as subparagraph 
     (D); and
       (iv) by inserting after subparagraph (B) the following:
       ``(C) cost savings by utilizing flexibility that exists in 
     current design guidance and regulations; and''; and
       (B) in paragraph (2)--
       (i) in subparagraph (C) by striking ``and'' at the end;
       (ii) by redesignating subparagraph (D) as subparagraph (F); 
     and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) the publication entitled `Highway Safety Manual' of 
     the American Association of State Highway and Transportation 
     Officials;
       ``(E) the publication entitled `Urban Street Design Guide' 
     of the National Association of City Transportation Officials; 
     and''; and
       (2) in subsection (f) by inserting ``pedestrian walkways,'' 
     after ``bikeways,''.
       (b) Design Standard Flexibility.--Notwithstanding section 
     109(o) of title 23, United States Code, a State may allow a 
     local jurisdiction to use a roadway design publication that 
     is different from the roadway design publication used by the 
     State in which the local jurisdiction is located for the 
     design of a project on a roadway under the ownership of the 
     local jurisdiction (other than a highway on the Interstate 
     System) if--
       (1) the local jurisdiction is a direct recipient of Federal 
     funds for the project;
       (2) the roadway design publication--
       (A) is recognized by the Federal Highway Administration; 
     and
       (B) is adopted by the local jurisdiction; and
       (3) the design complies with all other applicable Federal 
     laws.

     SEC. 1414. RESERVE FUND.

       (a) Limitation.--
       (1) In general.--Notwithstanding funding, authorizations of 
     appropriations, and contract authority described in sections 
     1101, 1102, 3017, 4001, 5101, and 6002 of this Act, including 
     the amendments made by such sections, sections 125 and 147 of 
     title 23, United States Code, and section 5338(a) of title 
     49, United States Code, no funding, authorization of 
     appropriations, and contract authority described in those 
     sections for fiscal years 2019 through 2021 shall exist 
     unless and only to the extent that a subsequent Act of 
     Congress causes additional monies to be deposited in the 
     Highway Trust Fund.
       (2) Administrative expenses.--The limitation on funds 
     provided in paragraph (1) shall not apply to--
       (A) administrative expenses of the Federal Highway 
     Administration under sections 104(a) and 608(a)(6) of title 
     23, United States Code;

[[Page H7539]]

       (B) administrative expenses of the National Highway Traffic 
     Safety Administration under section 4001(a)(6) of this Act;
       (C) administrative expenses of the Federal Motor Carrier 
     Safety Administration under section 5103 of this Act; and
       (D) administrative expenses of the Federal Transit 
     Administration under section 5338(h) of title 49, United 
     States Code.
       (b) Adjustments to Contract Authority.--
       (1) In general.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 104 the following:

     ``Sec. 105. Adjustments to contract authority

       ``(a) Calculation.--
       ``(1) In general.--The President shall include in each of 
     the fiscal year 2017 through 2021 budget submissions to 
     Congress under section 1105(a) of title 31, for each of the 
     Highway Account and the Mass Transit Account, a calculation 
     of the difference between--
       ``(A) the actual level of monies deposited in that account 
     for the most recently completed fiscal year; and
       ``(B) the estimated level of receipts for that account for 
     the most recently completed fiscal year, as specified in 
     paragraph (2).
       ``(2) Estimate.--The estimated level of receipts specified 
     in this paragraph are--
       ``(A) for the Highway Account--
       ``(i) for fiscal year 2015, $35,740,259,248;
       ``(ii) for fiscal year 2016, $35,498,000,000;
       ``(iii) for fiscal year 2017, $35,879,000,000;
       ``(iv) for fiscal year 2018, $36,084,000,000; and
       ``(v) for fiscal year 2019, $36,117,000,000; and
       ``(B) for the Mass Transit Account--
       ``(i) for fiscal year 2015, $5,048,527,972;
       ``(ii) for fiscal year 2016, $5,020,000,000;
       ``(iii) for fiscal year 2017, $5,024,000,000;
       ``(iv) for fiscal year 2018, $5,011,000,000; and
       ``(v) for fiscal year 2019, $4,981,000,000.
       ``(3) Technical correction.--For purposes of paragraph 
     (1)(A), the term `actual level of monies deposited in that 
     account' shall not include funding of the Highway Trust Fund 
     provided by section 2002 of Public Law 114-41.
       ``(b) Adjustments to Contract Authority.--
       ``(1) Additional amounts.--If the difference determined in 
     a budget submission under subsection (a) for a fiscal year 
     for the Highway Account or the Mass Transit Account is 
     greater than zero, the Secretary shall on October 1 of the 
     budget year of that submission--
       ``(A) make available for programs authorized from such 
     account for the budget year a total amount equal to--
       ``(i) the amount otherwise authorized to be appropriated 
     for such programs for such budget year; plus
       ``(ii) an amount equal to such difference; and
       ``(B) distribute the additional amount under subparagraph 
     (A)(ii) to each of such programs in accordance with 
     subsection (c).
       ``(2) Reduction.--If the difference determined in a budget 
     submission under subsection (a) for a fiscal year for the 
     Highway Account or the Mass Transit Account is less than 
     zero, the Secretary shall on October 1 of the budget year of 
     that submission--
       ``(A) make available for programs authorized from such 
     account for the budget year a total amount equal to--
       ``(i) the amount otherwise authorized to be appropriated 
     for such programs for such budget year; minus
       ``(ii) an amount equal to such difference; and
       ``(B) apply the total adjustment under subparagraph (A)(ii) 
     to each of such programs in accordance with subsection (c).
       ``(c) Distribution of Adjustment Among Programs.--
       ``(1) In general.--In making an adjustment for the Highway 
     Account or the Mass Transit Account for a budget year under 
     subsection (b), the Secretary shall--
       ``(A) determine the ratio that--
       ``(i) the amount authorized to be appropriated for a 
     program from the account for the budget year; bears to
       ``(ii) the total amount authorized to be appropriated for 
     such budget year for all programs under such account;
       ``(B) multiply the ratio determined under subparagraph (A) 
     by the applicable difference calculated under subsection (a); 
     and
       ``(C) adjust the amount that the Secretary would otherwise 
     have allocated for the program for such budget year by the 
     amount calculated under subparagraph (B).
       ``(2) Formula programs.--For a program for which funds are 
     distributed by formula, the Secretary shall add or subtract 
     the adjustment to the amount authorized for the program but 
     for this section and make available the adjusted program 
     amount for such program in accordance with such formula.
       ``(3) Availability for obligation.--Adjusted amounts under 
     this subsection shall be available for obligation and 
     administered in the same manner as other amounts made 
     available for the program for which the amount is adjusted.
       ``(d) Exclusion of Emergency Relief Program and Covered 
     Administrative Expenses.--The Secretary shall exclude the 
     emergency relief program under section 125 and covered 
     administrative expenses from--
       ``(1) an adjustment of funding under subsection (c)(1); and
       ``(2) any calculation under subsection (b) or (c) related 
     to such an adjustment.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated from the appropriate account or accounts 
     of the Highway Trust Fund an amount equal to the amounts 
     calculated under subsection (a) for each of fiscal years 2017 
     through 2021.
       ``(f) Revision to Obligation Limitations.--
       ``(1) In general.--If the Secretary makes an adjustment 
     under subsection (b) for a fiscal year to an amount subject 
     to a limitation on obligations imposed by section 1102 or 
     3017 of the Surface Transportation Reauthorization and Reform 
     Act of 2015--
       ``(A) such limitation on obligations for such fiscal year 
     shall be revised by an amount equal to such adjustment; and
       ``(B) the Secretary shall distribute such limitation on 
     obligations, as revised under subparagraph (A), in accordance 
     with such sections.
       ``(2) Exclusion of covered administrative expenses.--The 
     Secretary shall exclude covered administrative expenses 
     from--
       ``(A) any calculation relating to a revision of a 
     limitation on obligations under paragraph (1)(A); and
       ``(B) any distribution of a revised limitation on 
     obligations under paragraph (1)(B).
       ``(g) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Budget year.--The term `budget year' means the fiscal 
     year for which a budget submission referenced in subsection 
     (a)(1) is submitted.
       ``(2) Covered administrative expenses.--The term `covered 
     administrative expenses' means the administrative expenses 
     of--
       ``(A) the Federal Highway Administration, as authorized 
     under section 104(a);
       ``(B) the National Highway Traffic Safety Administration, 
     as authorized under section 4001(a)(6) of the Surface 
     Transportation Reauthorization and Reform Act of 2015; and
       ``(C) the Federal Motor Carrier Safety Administration, as 
     authorized under section 31110 of title 49.
       ``(3) Highway account.--The term `Highway Account' means 
     the portion of the Highway Trust Fund that is not the Mass 
     Transit Account.
       ``(4) Mass transit account.--The term `Mass Transit 
     Account' means the Mass Transit Account of the Highway Trust 
     Fund established under section 9503(e)(1) of the Internal 
     Revenue Code of 1986.''.
       (2) Clerical amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 104 the following:

``105. Adjustments to contract authority.''.

     SEC. 1415. ADJUSTMENTS.

       (a) In General.--On July 1, 2018, of the unobligated 
     balances of funds apportioned among the States under chapter 
     1 of title 23, United States Code, a total of $6,000,000,000 
     is permanently rescinded.
       (b) Exclusions From Rescission.--The rescission under 
     subsection (a) shall not apply to funds distributed in 
     accordance with--
       (1) sections 104(b)(3) and 130(f) of title 23, United 
     States Code;
       (2) sections 133(d)(1)(A) of such title;
       (3) the first sentence of section 133(d)(3)(A) of such 
     title, as in effect on the day before the date of enactment 
     of MAP-21 (Public Law 112-141);
       (4) sections 133(d)(1) and 163 of such title, as in effect 
     on the day before the date of enactment of SAFETEA-LU (Public 
     Law 109-59); and
       (5) section 104(b)(5) of such title, as in effect on the 
     day before the date of enactment of MAP-21 (Public Law 112-
     141).
       (c) Distribution Among States.--The amount to be rescinded 
     under this section from a State shall be determined by 
     multiplying the total amount of the rescission in subsection 
     (a) by the ratio that--
       (1) the unobligated balances subject to the rescission as 
     of September 30, 2017, for the State; bears to
       (2) the unobligated balances subject to the rescission as 
     of September 30, 2017, for all States.
       (d) Distribution Within Each State.--The amount to be 
     rescinded under this section from each program to which the 
     rescission applies within a State shall be determined by 
     multiplying the required rescission amount calculated under 
     subsection (c) for such State by the ratio that--
       (1) the unobligated balance as of September 30, 2017, for 
     such program in such State; bears to
       (2) the unobligated balances as of September 30, 2017, for 
     all programs to which the rescission applies in such State.

     SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HYDROGEN, 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, hydrogen, and 
       natural gas fueling corridors

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Surface Transportation Reauthorization and 
     Reform Act of 2015, the Secretary shall designate national 
     electric vehicle charging, hydrogen, and natural gas fueling 
     corridors that identify the near- and long-term need for, and 
     location of, electric vehicle charging infrastructure, 
     hydrogen infrastructure, and natural gas fueling 
     infrastructure at strategic locations along major national 
     highways to improve the mobility of passenger and commercial 
     vehicles that employ electric, hydrogen fuel cell, 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;

[[Page H7540]]

       ``(2) incorporate existing electric vehicle charging, 
     hydrogen fueling stations, 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, hydrogen fueling stations, and 
     natural gas fueling infrastructure.
       ``(c) Stakeholders.--In designating corridors under 
     subsection (a), the Secretary shall involve, on a voluntary 
     basis, stakeholders that include--
       ``(1) the heads of other Federal agencies;
       ``(2) State and local officials;
       ``(3) representatives of--
       ``(A) energy utilities;
       ``(B) the electric, fuel cell electric, and natural gas 
     vehicle industries;
       ``(C) the freight and shipping industry;
       ``(D) clean technology firms;
       ``(E) the hospitality industry;
       ``(F) the restaurant industry;
       ``(G) highway rest stop vendors; and
       ``(H) industrial gas and hydrogen manufacturers; and
       ``(4) such other stakeholders as the Secretary determines 
     to be necessary.
       ``(d) Redesignation.--Not later than 5 years after the date 
     of establishment of the corridors under subsection (a), and 
     every 5 years thereafter, the Secretary shall update and 
     redesignate the corridors.
       ``(e) Report.--During designation and redesignation of the 
     corridors under this section, the Secretary shall issue a 
     report that--
       ``(1) identifies electric vehicle charging, hydrogen 
     infrastructure, and natural gas fueling infrastructure and 
     standardization needs for electricity providers, industrial 
     gas providers, natural gas providers, infrastructure 
     providers, vehicle manufacturers, electricity purchasers, and 
     natural gas purchasers; and
       ``(2) establishes an aspirational goal of achieving 
     strategic deployment of electric vehicle charging, hydrogen 
     infrastructure, and natural gas fueling infrastructure in 
     those corridors by the end of fiscal year 2021.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 150 the following:

``151. National electric vehicle charging, hydrogen, and natural gas 
              fueling corridors.''.

     SEC. 1417. FERRIES.

       Section 147 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(h) Redistribution of Unobligated Amounts.--The Secretary 
     shall--
       ``(1) withdraw amounts allocated to eligible entities under 
     this section 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 fiscal year beginning after a fiscal year in 
     which a withdrawal is made under paragraph (1), redistribute 
     the funds withdrawn, in accordance with the formula specified 
     under subsection (d), among eligible entities with respect to 
     which no amounts were withdrawn under paragraph (1).''.

     SEC. 1418. STUDY ON PERFORMANCE OF BRIDGES.

       (a) In General.--Subject to subsection (c), the 
     Administrator of the Federal Highway Administration shall 
     commission the Transportation Research Board of the National 
     Academy of Sciences to conduct a study on the performance of 
     bridges that are at least 15 years old and received funding 
     under the innovative bridge research and construction program 
     (in this section referred to 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) 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 a 
     report on the results of the study commissioned under 
     subsection (a) not later than 3 years after the date of 
     enactment of this Act.

     SEC. 1419. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES.

       A State transportation agency may relinquish park-and-ride 
     lot facilities or portions of park-and-ride lot facilities to 
     a local government agency for highway purposes if authorized 
     to do so under State law if the agreement providing for the 
     relinquishment provides that--
       (1) rights-of-way on the Interstate System will remain 
     available for future highway improvements; and
       (2) modifications to the facilities that could impair the 
     highway or interfere with the free and safe flow of traffic 
     are subject to the approval of the Secretary.

     SEC. 1420. PILOT PROGRAM.

       (a) In General.--The Secretary may establish a pilot 
     program that allows a State to utilize innovative approaches 
     to maintain the right-of-way of Federal-aid highways within 
     such State.
       (b) Limitation.--A pilot program established under 
     subsection (a) shall--
       (1) terminate after not more than 6 years;
       (2) include not more than 5 States; and
       (3) be subject to guidelines published by the Secretary.
       (c) Report.--If the Secretary establishes a pilot program 
     under subsection (a), the Secretary shall, not more than 1 
     year after the completion of the pilot program, submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the results of the 
     pilot program.

     SEC. 1421. INNOVATIVE PROJECT DELIVERY EXAMPLES.

       Section 120(c)(3)(B) of title 23, United States Code, is 
     amended--
       (1) in clause (iv) by striking ``or'' at the end;
       (2) by redesignating clause (v) as clause (vi); and
       (3) by inserting after clause (iv) the following:
       ``(v) innovative pavement materials that have a 
     demonstrated life cycle of 75 or more years, are manufactured 
     with reduced greenhouse gas emissions, and reduce 
     construction-related congestion by rapidly curing; or''.

     SEC. 1422. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR 
                   HABITAT AND FORAGE ON TRANSPORTATION RIGHTS-OF-
                   WAY.

       (a) In General.--Section 319 of title 23, United States 
     Code, is amended--
       (1) in subsection (a) by inserting ``(including the 
     enhancement of habitat and forage for pollinators)'' before 
     ``adjacent''; and
       (2) by adding at the end the following:
       ``(c) Encouragement of Pollinator Habitat and Forage 
     Development and Protection on Transportation Rights-of-Way.--
     In carrying out any program administered by the Secretary 
     under this title, the Secretary shall, in conjunction with 
     willing States, as appropriate--
       ``(1) encourage integrated vegetation management practices 
     on roadsides and other transportation rights-of-way, 
     including reduced mowing; and
       ``(2) encourage the development of habitat and forage for 
     Monarch butterflies, other native pollinators, and honey bees 
     through plantings of native forbs and grasses, including 
     noninvasive, native milkweed species that can serve as 
     migratory way stations for butterflies and facilitate 
     migrations of other pollinators.''.
       (b) Provision of Habitat, Forage, and Migratory Way 
     Stations for Monarch Butterflies, Other Native Pollinators, 
     and Honey Bees.--Section 329(a)(1) of title 23, United States 
     Code, is amended by inserting ``provision of habitat, forage, 
     and migratory way stations for Monarch butterflies, other 
     native pollinators, and honey bees,'' before ``and aesthetic 
     enhancement''.

     SEC. 1423. MILK PRODUCTS.

       Section 127(a) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(13) Milk products.--A vehicle carrying fluid milk 
     products shall be considered a load that cannot be easily 
     dismantled or divided.''.

     SEC. 1424. INTERSTATE WEIGHT LIMITS FOR EMERGENCY VEHICLES.

       Section 127(a) of title 23, United States Code, as amended 
     by this Act, is further amended by adding at the end the 
     following:
       ``(14) Emergency vehicles.--
       ``(A) In general.--With respect to an emergency vehicle, 
     the following weight limits shall apply in lieu of the 
     maximum and

[[Page H7541]]

     minimum weight limits specified in this subsection:
       ``(i) 24,000 pounds on a single steering axle.
       ``(ii) 33,500 pounds on a single drive axle.
       ``(iii) 62,000 pounds on a tandem axle.
       ``(iv) A maximum gross vehicle weight of 86,000 pounds.
       ``(B) Emergency vehicle defined.--In this paragraph, the 
     term `emergency vehicle' means a vehicle designed--
       ``(i) to be used under emergency conditions to transport 
     personnel and equipment; and
       ``(ii) to support the suppression of fires and mitigation 
     of other hazardous situations.''.

     SEC. 1425. VEHICLE WEIGHT LIMITATIONS--INTERSTATE SYSTEM.

       Section 127 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(m) Covered Heavy-Duty Tow and Recovery Vehicles.--
       ``(1) In general.--The vehicle weight limitations set forth 
     in this section do not apply to a covered heavy-duty tow and 
     recovery vehicle.
       ``(2) Covered heavy-duty tow and recovery vehicle 
     defined.--In this subsection, the term `covered heavy-duty 
     tow and recovery vehicle' means a vehicle that--
       ``(A) is transporting a disabled vehicle from the place 
     where the vehicle became disabled to the nearest appropriate 
     repair facility; and
       ``(B) has a gross vehicle weight that is equal to or 
     exceeds the gross vehicle weight of the disabled vehicle 
     being transported.''.

     SEC. 1426. NEW NATIONAL GOAL, PERFORMANCE MEASURE, AND 
                   PERFORMANCE TARGET.

       (a) National Goal.--Section 150(b) of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(8) Integrated economic development.--To improve road 
     conditions in economically distressed urban communities and 
     increase access to jobs, markets, and economic opportunities 
     for people who live in such communities.''.
       (b) Performance Measure.--Section 150(c) of such title is 
     amended by adding at the end the following:
       ``(7) Integrated economic development.--The Secretary shall 
     establish measures for States to use to assess the 
     conditions, accessibility, and reliability of roads in 
     economically distressed urban communities.''.
       (c) Performance Target.--Section 150(d)(1) of such title is 
     amended by striking ``and (6)'' and inserting ``(6), and 
     (7)''.

     SEC. 1427. 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 and the area of which is less than or 
     equal to 32 square feet, if the State notifies the Federal 
     Highway Administration.

     SEC. 1428. WORK ZONE AND GUARD RAIL SAFETY TRAINING.

       (a) In General.--Section 1409 of SAFETEA-LU (23 U.S.C. 401 
     note) is amended--
       (1) by striking the section heading and inserting ``work 
     zone and guard rail safety training''; and
       (2) in subsection (b) by adding at the end the following:
       ``(4) Development, updating, and delivery of training 
     courses on guard rail installation, maintenance, and 
     inspection.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     section 1409 and inserting the following:

``Sec. 1409. Work zone and guard rail safety training.''.

     SEC. 1429. MOTORCYCLIST ADVISORY COUNCIL.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Federal Highway Administration, and in 
     consultation with the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate, 
     shall appoint a Motorcyclist Advisory Council to coordinate 
     with and advise the Administrator on infrastructure issues of 
     concern to motorcyclists, including--
       (1) barrier design;
       (2) road design, construction, and maintenance practices; 
     and
       (3) the architecture and implementation of intelligent 
     transportation system technologies.
       (b) Composition.--The Council shall consist of not more 
     than 10 members of the motorcycling community with 
     professional expertise in national motorcyclist safety 
     advocacy, including--
       (1) at least--
       (A) 1 member recommended by a national motorcyclist 
     association;
       (B) 1 member recommended by a national motorcycle riders 
     foundation;
       (C) 1 representative of the National Association of State 
     Motorcycle Safety Administrators;
       (D) 2 members of State motorcyclists' organizations;
       (E) 1 member recommended by a national organization that 
     represents the builders of highway infrastructure;
       (F) 1 member recommended by a national association that 
     represents the traffic safety systems industry; and
       (G) 1 member of a national safety organization; and
       (2) at least 1, but not more than 2, motorcyclists who are 
     traffic system design engineers or State transportation 
     department officials.

     SEC. 1430. HIGHWAY WORK ZONES.

       It is the sense of the House of Representatives that the 
     Federal Highway Administration should--
       (1) do all within its power to protect workers in highway 
     work zones; and
       (2) move rapidly to finalize regulations, as directed in 
     section 1405 of MAP-21 (126 Stat. 560), to protect the lives 
     and safety of construction workers in highway work zones from 
     vehicle intrusions.

                  TITLE II--INNOVATIVE PROJECT FINANCE

     SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND 
                   INNOVATION ACT OF 1998 AMENDMENTS.

       (a) Definitions.--
       (1) Master credit agreement.--Section 601(a)(10) of title 
     23, United States Code, is amended to read as follows:
       ``(10) Master credit agreement.--The term `master credit 
     agreement' means a conditional agreement to extend credit 
     assistance for a program of related projects secured by a 
     common security pledge (which shall receive an investment 
     grade rating from a rating agency prior to the Secretary 
     entering into such master credit agreement) under section 
     602(b)(2)(A), or for a single project covered under section 
     602(b)(2)(B) that does not provide for a current obligation 
     of Federal funds, and that would--
       ``(A) make contingent commitments of 1 or more secured 
     loans or other Federal credit instruments at future dates, 
     subject to the availability of future funds being made 
     available to carry out this chapter and subject to the 
     satisfaction of all the conditions for the provision of 
     credit assistance under this chapter, including section 
     603(b)(1);
       ``(B) establish the maximum amounts and general terms and 
     conditions of the secured loans or other Federal credit 
     instruments;
       ``(C) identify the 1 or more dedicated non-Federal revenue 
     sources that will secure the repayment of the secured loans 
     or secured Federal credit instruments;
       ``(D) provide for the obligation of funds for the secured 
     loans or secured Federal credit instruments after all 
     requirements have been met for the projects subject to the 
     master credit agreement, including--
       ``(i) completion of an environmental impact statement or 
     similar analysis required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       ``(ii) compliance with such other requirements as are 
     specified in this chapter, including sections 602(c) and 
     603(b)(1); and
       ``(iii) the availability of funds to carry out this 
     chapter; and
       ``(E) require that contingent commitments result in a 
     financial close and obligation of credit assistance not later 
     than 3 years after the date of entry into the master credit 
     agreement, or release of the commitment, unless otherwise 
     extended by the Secretary.''.
       (2) Rural infrastructure project.--Section 601(a)(15) of 
     title 23, United States Code, is amended to read as follows:
       ``(15) Rural infrastructure project.--The term `rural 
     infrastructure project' means a surface transportation 
     infrastructure project located outside of a Census-Bureau-
     defined urbanized area.''.
       (b) Master Credit Agreements.--Section 602(b)(2) of title 
     23, United States Code is amended to read as follows:
       ``(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 in 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 during 
     which additional funds are available to receive credit 
     assistance.''.
       (c) Eligible Project Costs.--Section 602(a)(5) of title 23, 
     United States Code, is amended--
       (1) in subparagraph (A) by inserting ``and (C)'' after 
     ``(B)''; and
       (2) by adding at the end the following:
       ``(C) Local infrastructure projects.--Eligible project 
     costs shall be reasonably anticipated to equal or exceed 
     $10,000,000 in the case of a project or program of projects--
       ``(i) in which the applicant is a local government, public 
     authority, or instrumentality of local government;
       ``(ii) located on a facility owned by a local government; 
     or
       ``(iii) for which the Secretary determines that a local 
     government is substantially involved in the development of 
     the project.''.
       (d) Limitation on Refinancing of Interim Construction 
     Financing.--Section 603(a)(2) of title 23, United States 
     Code, is amended to read as follows:
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B)--
       ``(A) if the maturity of such interim construction 
     financing is later than 1 year after the substantial 
     completion of the project; and
       ``(B) later than 1 year after the date of substantial 
     completion of the project.''.

[[Page H7542]]

       (e) Funding.--Section 608(a) of title 23, United States 
     Code, is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A) by striking ``Beginning in fiscal 
     year 2014, on April 1 of each fiscal year'' and inserting 
     ``Beginning in fiscal year 2016, on August 1 of each fiscal 
     year''; and
       (B) by adding at the end the following:
       ``(D) 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 August 1 would reduce the 
     uncommitted balance of funds below the threshold established 
     in subparagraph (A).''; and
       (2) by striking paragraph (6) and inserting the following:
       ``(6) Administrative costs.--Of the amounts made available 
     to carry out this chapter, the Secretary may use not more 
     than $5,000,000 for fiscal year 2016, $5,150,000 for fiscal 
     year 2017, $5,304,500 for fiscal year 2018, $5,463,500 for 
     fiscal year 2019, $5,627,500 for fiscal year 2020, and 
     $5,760,500 for fiscal year 2021 for the administration of 
     this chapter.''.

     SEC. 2002. STATE INFRASTRUCTURE BANK 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) and 104(b)(2); and'';
       (B) in paragraph (2) by striking ``fiscal years 2005 
     through 2009'' and inserting ``fiscal years 2016 through 
     2021'';
       (C) in paragraph (3) by striking ``fiscal years 2005 
     through 2009'' and inserting ``fiscal years 2016 through 
     2021''; and
       (D) in paragraph (5) by striking ``section 133(d)(3)'' and 
     inserting ``section 133(d)(1)(A)(i)''; and
       (2) in subsection (k) by striking ``fiscal years 2005 
     through 2009'' and inserting ``fiscal years 2016 through 
     2021''.

     SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL.

       (a) Payment to States for Construction.--Section 121(a) of 
     title 23, United States Code, is amended by inserting 
     ``(including payments made pursuant to a long-term concession 
     agreement, such as availability payments)'' after ``a 
     project''.
       (b) Project Approval and Oversight.--Section 106(b)(1) of 
     title 23, United States Code, is amended by inserting 
     ``(including payments made pursuant to a long-term concession 
     agreement, such as availability payments)'' after 
     ``construction of the project''.

                    TITLE III--PUBLIC TRANSPORTATION

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Federal Public 
     Transportation Act of 2015''.

     SEC. 3002. DEFINITIONS.

       Section 5302 of title 49, United States Code, is amended--
       (1) in paragraph (1)(C) by striking ``landscaping and''; 
     and
       (2) by adding at the end the following:
       ``(24) Value capture.--The term `value capture' means 
     recovering the increased property value to property located 
     near public transportation resulting from investments in 
     public transportation.
       ``(25) Base-model bus.--The term `base-model bus' means a 
     heavy-duty public transportation bus manufactured to meet, 
     but not exceed, transit-specific minimum performance criteria 
     developed by the Secretary.''.

     SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION 
                   PLANNING.

       (a) In General.--Section 5303 of title 49, United States 
     Code, is amended--
       (1) in subsection (c)(2) by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, including intercity buses 
     and intercity bus facilities'';
       (2) in subsection (d)--
       (A) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Representation.--
       ``(A) In general.--Designation or selection of officials or 
     representatives under paragraph (2) shall be determined by 
     the metropolitan planning organization according to the 
     bylaws or enabling statute of the organization.
       ``(B) Public transportation representative.--Subject to the 
     bylaws or enabling statute of the metropolitan planning 
     organization, a representative of a provider of public 
     transportation may also serve as a representative of a local 
     municipality.
       ``(C) Powers of certain officials.--An official described 
     in paragraph (2)(B) shall have responsibilities, actions, 
     duties, voting rights, and any other authority commensurate 
     with other officials described in paragraph (2).''; and
       (C) in paragraph (5), as so redesignated, by striking 
     ``paragraph (5)'' and inserting ``paragraph (6)'';
       (3) in subsection (e)(4)(B) by striking ``subsection 
     (d)(5)'' and inserting ``subsection (d)(6)'';
       (4) in subsection (g)(3)(A) by inserting ``tourism, natural 
     disaster risk reduction,'' after ``economic development,'';
       (5) 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.'';
       (6) in subsection (i)--
       (A) in paragraph (2)(A)(i) by striking ``transit'' and 
     inserting ``public transportation facilities, intercity bus 
     facilities'';
       (B) in paragraph (6)(A)--
       (i) by inserting ``public ports,'' before ``freight 
     shippers,''; and
       (ii) by inserting ``(including intercity bus operators, 
     employer-based commuting programs, such as a carpool program, 
     vanpool program, transit benefit program, parking cash-out 
     program, shuttle program, or telework program)'' after 
     ``private providers of transportation''; and
       (C) in paragraph (8) by striking ``paragraph (2)(C)'' each 
     place it appears and inserting ``paragraph (2)(E)'';
       (7) in subsection (k)(3)--
       (A) in subparagraph (A) by inserting ``(including intercity 
     bus operators, employer-based commuting programs, such as a 
     carpool program, vanpool program, transit benefit program, 
     parking cash-out program, shuttle program, or telework 
     program), job access projects,'' after ``reduction''; and
       (B) by adding at the end the following:
       ``(C) Congestion management plan.--A metropolitan planning 
     organization with a transportation management area may 
     develop a plan that includes projects and strategies that 
     will be considered in the TIP of such metropolitan planning 
     organization. Such plan shall--
       ``(i) develop regional goals to reduce vehicle miles 
     traveled during peak commuting hours and improve 
     transportation connections between areas with high job 
     concentration and areas with high concentrations of low-
     income households;
       ``(ii) identify existing public transportation services, 
     employer-based commuter programs, and other existing 
     transportation services that support access to jobs in the 
     region; and
       ``(iii) identify proposed projects and programs to reduce 
     congestion and increase job access opportunities.
       ``(D) Participation.--In developing the plan under 
     subparagraph (C), a metropolitan planning organization shall 
     consult with employers, private and non-profit providers of 
     public transportation, transportation management 
     organizations, and organizations that provide job access 
     reverse commute projects or job-related services to low-
     income individuals.'';
       (8) in subsection (l)--
       (A) by adding a period at the end of paragraph (1); and
       (B) in paragraph (2)(D) by striking ``of less than 
     200,000'' and inserting ``with a population of 200,000 or 
     less''; and
       (9) in subsection (p) by striking ``Funds set aside under 
     section 104(f)'' and inserting ``Funds apportioned under 
     section 104(b)(5)''.
       (b) Statewide and Nonmetropolitan Transportation 
     Planning.--Section 5304 of title 49, United States Code, is 
     amended--
       (1) in subsection (a)(2) by striking ``and bicycle 
     transportation facilities'' and inserting ``, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, including intercity buses 
     and intercity bus facilities'';
       (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''; and
       (ii) in subparagraph (C) by striking ``urbanized''; and
       (3) in subsection (f)(3)(A)(ii)--
       (A) by inserting ``public ports,'' before ``freight 
     shippers,''; and
       (B) by inserting ``(including intercity bus operators, 
     employer-based commuting programs, such as a carpool program, 
     vanpool program, transit benefit program, parking cash-out 
     program, shuttle program, or telework program)'' after 
     ``private providers of transportation''.

     SEC. 3004. URBANIZED AREA FORMULA GRANTS.

       Section 5307 of title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Recipient defined.--In this section, the term 
     `recipient' means a designated recipient, State, or local 
     governmental authority that receives a grant under this 
     section directly from the Government.'';
       (C) in paragraph (3) (as so redesignated) by inserting ``or 
     general public demand response service'' before ``during'' 
     each place it appears; and
       (D) by adding at the end the following:
       ``(4) Exception to the special rule.--Notwithstanding 
     paragraph (3), if a public transportation system described in 
     such paragraph executes a written agreement with 1

[[Page H7543]]

     or more other public transportation systems to allocate funds 
     under this subsection, other than by measuring vehicle 
     revenue hours, each of the public transportation systems to 
     the agreement may follow the terms of such agreement without 
     regard to the percentages or the measured vehicle revenue 
     hours referred to in such paragraph.''; and
       (2) in subsection (c)(1)(K)(i) by striking ``1 percent'' 
     and inserting ``one-half of 1 percent''.

     SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

       Section 5309 of title 49, United States Code, is amended--
       (1) in subsection (a)(6)--
       (A) in subparagraph (A) by inserting ``, small start 
     projects,'' after ``new fixed guideway capital projects''; 
     and
       (B) 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.'';
       (2) in subsection (h)(6)--
       (A) by striking ``In carrying out'' and inserting the 
     following:
       ``(A) In general.--In carrying out''; and
       (B) by adding at the end the following:
       ``(B) Optional early rating.--At the request of the project 
     sponsor, the Secretary shall evaluate and rate the project in 
     accordance with paragraphs (4) and (5) and subparagraph (A) 
     of this paragraph upon completion of the analysis required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).'';
       (3) in subsection (i)--
       (A) in paragraph (1) by striking ``subsection (d) or (e)'' 
     and inserting ``subsection (d), (e), or (h)'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A) by inserting 
     ``new fixed guideway capital project or core capacity 
     improvement'' after ``federally funded'';
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) the program of interrelated projects, when evaluated 
     as a whole--
       ``(i) meets the requirements of subsection (d)(2), 
     subsection (e)(2), or paragraphs (3) and (4) of subsection 
     (h), as applicable, if the program is comprised entirely of--

       ``(I) new fixed guideway capital projects;
       ``(II) core capacity improvement projects; or
       ``(III) small start projects; or

       ``(ii) meets the requirements of subsection (d)(2) if the 
     program is comprised of any combination of new fixed guideway 
     projects, small start projects, and core capacity improvement 
     projects.'';
       (C) by striking paragraph (3)(A) and inserting the 
     following:
       ``(A) Project advancement.--A project receiving a grant 
     under this section that is part of a program of interrelated 
     projects may not advance--
       ``(i) in the case of a small start project, from the 
     project development phase to the construction phase unless 
     the Secretary determines that the program of interrelated 
     projects meets the applicable requirements of this section 
     and there is a reasonable likelihood that the program will 
     continue to meet such requirements; or
       ``(ii) in the case of a new fixed guideway capital project 
     or a core capacity improvement project, from the project 
     development phase to the engineering phase, or from the 
     engineering phase to the construction phase, unless the 
     Secretary determines that the program of interrelated 
     projects meets the applicable requirements of this section 
     and there is a reasonable likelihood that the program will 
     continue to meet such requirements.'';
       (4) in subsection (l)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Based on engineering studies, studies of 
     economic feasibility, and information on the expected use of 
     equipment or facilities, the Secretary shall estimate the net 
     capital project cost. A grant for a new fixed guideway 
     project shall not exceed 50 percent of the net capital 
     project cost. A grant for a core capacity project shall not 
     exceed 80 percent of the net capital project cost of the 
     incremental cost of increasing the capacity in the corridor. 
     A grant for a small start project shall not exceed 80 
     percent.''; and
       (B) by striking paragraph (4) and inserting the following:
       ``(4) Remaining costs.--The remainder of the net project 
     costs shall be provided--
       ``(A) in cash from non-Government sources other than 
     revenues from providing public transportation services;
       ``(B) from revenues from the sale of advertising and 
     concessions;
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital; or
       ``(D) from amounts appropriated or otherwise made available 
     to a department or agency of the Government (other than the 
     Department of Transportation) that are eligible to be 
     expended for transportation.'';
       (5) by striking subsection (n) and redesignating subsection 
     (o) as subsection (n); and
       (6) by adding at the end the following:
       ``(o) Special Rule.--For the purposes of calculating the 
     cost effectiveness of a project described in subsection (d) 
     or (e), the Secretary shall not reduce or eliminate the 
     capital costs of art and landscaping elements from the 
     annualized capital cost calculation.''.

     SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF SENIORS 
                   AND INDIVIDUALS WITH DISABILITIES.

       Section 5310 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(i) Best Practices.--The Secretary shall collect from, 
     review, and disseminate to public transit agencies innovative 
     practices, program models, new service delivery options, 
     findings from activities under subsection (h), and transit 
     cooperative research program reports.''.

     SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.

       Section 5311(g)(3) of title 49, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (A) through (D) as 
     subparagraphs (C) through (F), respectively;
       (2) by inserting before subparagraph (C) (as so 
     redesignated) the following:
       ``(A) may be provided in cash from non-Government sources 
     other than revenues from providing public transportation 
     services;
       ``(B) may be provided from revenues from the sale of 
     advertising and concessions;''; and
       (3) in subparagraph (F) (as so redesignated) by inserting 
     ``, including all operating and capital costs of such service 
     whether or not offset by revenue from such service,'' after 
     ``the costs of a private operator for the unsubsidized 
     segment of intercity bus service''.

     SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.

       (a) Consolidation of Programs.--Section 5312 of title 49, 
     United States Code, is amended--
       (1) by striking the section designation and heading and 
     inserting the following:

     ``Sec. 5312. Public transportation innovation'';

       (2) by redesignating subsections (a) through (f) as 
     subsections (b) through (g), respectively;
       (3) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) In General.--The Secretary shall provide assistance 
     for projects and activities to advance innovative public 
     transportation research and development in accordance with 
     the requirements of this section.'';
       (4) in subsection (e)(5) (as so redesignated)--
       (A) in subparagraph (A) by striking clause (vi) and 
     redesignating clause (vii) as clause (vi);
       (B) in subparagraph (B) by striking ``recipients'' and 
     inserting ``participants'';
       (C) in subparagraph (C) by striking clause (ii) and 
     inserting the following:
       ``(ii) Government share of costs for certain projects.--A 
     grant for a project carried out under this paragraph shall be 
     80 percent of the net project cost of the project unless the 
     grant recipient requests a lower grant percentage.''; and
       (D) by striking subparagraph (G);
       (5) in subsection (f) (as so redesignated)--
       (A) by striking ``(f)'' and all that follows before 
     paragraph (1) and inserting the following:
       ``(f) Annual Report on Research.--Not later than the first 
     Monday in February of each year, the Secretary shall make 
     available to the public on the Web site of the Department of 
     Transportation, a report that includes--'';
       (B) in paragraph (1) by adding ``and'' at the end;
       (C) in paragraph (2) by striking ``; and'' and inserting a 
     period; and
       (D) by striking paragraph (3); and
       (6) by adding at the end the following:
       ``(h) Transit Cooperative Research Program.--
       ``(1) In general.--The amounts made available under section 
     5338(b) are available for a public transportation cooperative 
     research program.
       ``(2) Independent governing board.--
       ``(A) Establishment.--The Secretary shall establish an 
     independent governing board for the program under this 
     subsection.
       ``(B) Recommendations.--The board shall recommend public 
     transportation research, development, and technology transfer 
     activities the Secretary considers appropriate.
       ``(3) Federal assistance.--The Secretary may make grants 
     to, and enter into cooperative agreements with, the National 
     Academy of Sciences to carry out activities under this 
     subsection that the Secretary considers appropriate.
       ``(4) Government's share.--If there would be a clear and 
     direct financial benefit to an entity under a grant or 
     contract financed under this subsection, the Secretary shall 
     establish a Government share consistent with that benefit.
       ``(5) Limitation on applicability.--Subsections (f) and (g) 
     shall not apply to activities carried out under this 
     subsection.''.
       (b) Conforming Amendments.--Section 5312 of such title (as 
     amended by subsection (a) of this section) is further 
     amended--
       (1) in subsection (c)(1) by striking ``subsection (a)(2)'' 
     and inserting ``subsection (b)(2)'';
       (2) in subsection (d)--
       (A) in paragraph (1) by striking ``subsection (a)(2)'' and 
     inserting ``subsection (b)(2)''; and
       (B) in paragraph (2)(A) by striking ``subsection (b)'' and 
     inserting ``subsection (c)'';
       (3) in subsection (e)(2) in each of subparagraphs (A) and 
     (B) by striking ``subsection (a)(2)'' and inserting 
     ``subsection (b)(2)''; and

[[Page H7544]]

       (4) in subsection (f)(2) by striking ``subsection (d)(4)'' 
     and inserting ``subsection (e)(4)''.
       (c) Repeal.--Section 5313 of such title, and the item 
     relating to that section in the analysis for chapter 53 of 
     such title, are repealed.
       (d) Clerical Amendment.--The analysis for chapter 53 of 
     such title is amended by striking the item relating to 
     section 5312 and inserting the following:

``5312. Public transportation innovation.''.

     SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

       (a) In General.--Section 5314 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5314. Technical assistance and workforce development

       ``(a) Technical Assistance and Standards.--
       ``(1) Technical assistance and standards development.--
       ``(A) In general.--The Secretary may make grants and enter 
     into contracts, cooperative agreements, and other agreements 
     (including agreements with departments, agencies, and 
     instrumentalities of the Government) to carry out activities 
     that the Secretary determines will assist recipients of 
     assistance under this chapter to--
       ``(i) more effectively and efficiently provide public 
     transportation service;
       ``(ii) administer funds received under this chapter in 
     compliance with Federal law; and
       ``(iii) improve public transportation.
       ``(B) Eligible activities.--The activities carried out 
     under subparagraph (A) may include--
       ``(i) technical assistance; and
       ``(ii) the development of voluntary and consensus-based 
     standards and best practices by the public transportation 
     industry, including standards and best practices for safety, 
     fare collection, intelligent transportation systems, 
     accessibility, procurement, security, asset management to 
     maintain a state of good repair, operations, maintenance, 
     vehicle propulsion, communications, and vehicle electronics.
       ``(2) Technical assistance.--The Secretary, through a 
     competitive bid process, may enter into contracts, 
     cooperative agreements, and other agreements with national 
     nonprofit organizations that have the appropriate 
     demonstrated capacity to provide public-transportation-
     related technical assistance under this subsection. The 
     Secretary may enter into such contracts, cooperative 
     agreements, and other agreements to assist providers of 
     public transportation to--
       ``(A) comply with the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12101 et seq.) through technical assistance, 
     demonstration programs, research, public education, and other 
     activities related to complying with such Act;
       ``(B) comply with human services transportation 
     coordination requirements and to enhance the coordination of 
     Federal resources for human services transportation with 
     those of the Department of Transportation through technical 
     assistance, training, and support services related to 
     complying with such requirements;
       ``(C) meet the transportation needs of elderly individuals;
       ``(D) increase transit ridership in coordination with 
     metropolitan planning organizations and other entities 
     through development around public transportation stations 
     through technical assistance and the development of tools, 
     guidance, and analysis related to market-based development 
     around transit stations;
       ``(E) address transportation equity with regard to the 
     effect that transportation planning, investment, and 
     operations have for low-income and minority individuals;
       ``(F) facilitate best practices to promote bus driver 
     safety;
       ``(G) meet the requirements of sections 5323(j) and 
     5323(m);
       ``(H) assist with the development and deployment of zero 
     emission transit technologies; and
       ``(I) any other technical assistance activity that the 
     Secretary determines is necessary to advance the interests of 
     public transportation.
       ``(3) Annual report on technical assistance.--Not later 
     than the first Monday in February of each year, the Secretary 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Appropriations of the Senate and 
     the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Appropriations of the House of Representatives a 
     report that includes--
       ``(A) a description of each project that received 
     assistance under this subsection during the preceding fiscal 
     year;
       ``(B) an evaluation of the activities carried out by each 
     organization that received assistance under this subsection 
     during the preceding fiscal year;
       ``(C) a proposal for allocations of amounts for assistance 
     under this subsection for the subsequent fiscal year; and
       ``(D) measurable outcomes and impacts of the programs 
     funded under subsections (b) and (c).
       ``(4) Government share of costs.--
       ``(A) In general.--The Government share of the cost of an 
     activity carried out using a grant under this subsection may 
     not exceed 80 percent.
       ``(B) Non-government share.--The non-Government share of 
     the cost of an activity carried out using a grant under this 
     subsection may be derived from in-kind contributions.
       ``(b) Human Resources and Training.--
       ``(1) In general.--The Secretary may undertake, or make 
     grants and contracts for, programs that address human 
     resource needs as they apply to public transportation 
     activities. A program may include--
       ``(A) an employment training program;
       ``(B) an outreach program to increase veteran, minority, 
     and female employment in public transportation activities;
       ``(C) research on public transportation personnel and 
     training needs;
       ``(D) training and assistance for veteran and minority 
     business opportunities; and
       ``(E) consensus-based national training standards and 
     certifications in partnership with industry stakeholders.
       ``(2) Innovative public transportation frontline workforce 
     development program.--
       ``(A) In general.--The Secretary shall establish a 
     competitive grant program to assist the development of 
     innovative activities eligible for assistance under 
     subparagraph (1).
       ``(B) Eligible programs.--A program eligible for assistance 
     under subsection (a) shall--
       ``(i) develop apprenticeships for transit maintenance and 
     operations occupations, including hands-on, peer trainer, 
     classroom and on-the-job training as well as training for 
     instructors and on-the-job mentors;
       ``(ii) build local, regional, and statewide transit 
     training partnerships 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), and community colleges and university 
     transportation centers, to identify and address workforce 
     skill gaps and develop skills needed for delivering quality 
     transit service and supporting employee career advancement;
       ``(iii) provide improved capacity for safety, security, and 
     emergency preparedness in local transit systems through--

       ``(I) developing the role of the frontline workforce in 
     building and sustaining safety culture and safety systems in 
     the industry and in individual public transportation systems;
       ``(II) specific training, in coordination with the National 
     Transit Institute, on security and emergency preparedness, 
     including protocols for coordinating with first responders 
     and working with the broader community to address natural 
     disasters or other threats to transit systems; and
       ``(III) training to address frontline worker roles in 
     promoting health and safety for transit workers and the 
     riding public, and improving communication during emergencies 
     between the frontline workforce and the riding public;

       ``(iv) address current or projected workforce shortages by 
     developing career pathway partnerships with high schools, 
     community colleges, and other community organizations for 
     recruiting and training underrepresented populations, 
     including minorities, women, individuals with disabilities, 
     veterans, and low-income populations as successful transit 
     employees who can develop careers in the transit industry; or
       ``(v) address youth unemployment by directing the Secretary 
     to award grants to local entities for work-based training and 
     other work-related and educational strategies and activities 
     of demonstrated effectiveness to provide unemployed, low-
     income young adults and low-income youth with skills that 
     will lead to employment.
       ``(C) Selection of recipients.--To the maximum extent 
     feasible, the Secretary shall select recipients that--
       ``(i) are geographically diverse;
       ``(ii) address the workforce and human resources needs of 
     large public transportation providers;
       ``(iii) address the workforce and human resources needs of 
     small public transportation providers;
       ``(iv) address the workforce and human resources needs of 
     urban public transportation providers;
       ``(v) address the workforce and human resources needs of 
     rural public transportation providers;
       ``(vi) advance training related to maintenance of 
     alternative energy, energy efficiency, or zero emission 
     vehicles and facilities used in public transportation;
       ``(vii) target areas with high rates of unemployment;
       ``(viii) address current or projected workforce shortages 
     in areas that require technical expertise; and
       ``(ix) advance opportunities for minorities, women, 
     veterans, individuals with disabilities, low-income 
     populations, and other underserved populations.
       ``(D) Program outcomes.--A recipient of assistance under 
     this subsection shall demonstrate outcomes for any program 
     that includes skills training, on-the-job training, and work-
     based learning, including--
       ``(i) the impact on reducing public transportation 
     workforce shortages in the area served;
       ``(ii) the diversity of training participants; and
       ``(iii) the number of participants obtaining certifications 
     or credentials required for specific types of employment.
       ``(3) Government's share of costs.--The Government share of 
     the cost of a project carried out using a grant under 
     paragraph (1) or (2) shall be 50 percent.

[[Page H7545]]

       ``(4) Use for technical assistance.--The Secretary may use 
     not more than 1 percent of amounts made available to carry 
     out this section to provide technical assistance for 
     activities and programs developed, conducted, and overseen 
     under paragraphs (1) and (2).
       ``(c) National Transit Institute.--
       ``(1) Establishment.--The Secretary shall establish a 
     national transit institute and award grants to a public, 4-
     year institution of higher education, as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)), in order to carry out the duties of the institute.
       ``(2) Duties.--
       ``(A) In general.--In cooperation with the Federal Transit 
     Administration, State transportation departments, public 
     transportation authorities, and national and international 
     entities, the institute established under paragraph (1) shall 
     develop and conduct training and educational programs for 
     Federal, State, and local transportation employees, United 
     States citizens, and foreign nationals engaged or to be 
     engaged in Government-aid public transportation work.
       ``(B) Training and educational programs.--The training and 
     educational programs developed under subparagraph (A) may 
     include courses in recent developments, techniques, and 
     procedures related to--
       ``(i) intermodal and public transportation planning;
       ``(ii) management;
       ``(iii) environmental factors;
       ``(iv) acquisition and joint-use rights-of-way;
       ``(v) engineering and architectural design;
       ``(vi) procurement strategies for public transportation 
     systems;
       ``(vii) turnkey approaches to delivering public 
     transportation systems;
       ``(viii) new technologies;
       ``(ix) emission reduction technologies;
       ``(x) ways to make public transportation accessible to 
     individuals with disabilities;
       ``(xi) construction, construction management, insurance, 
     and risk management;
       ``(xii) maintenance;
       ``(xiii) contract administration;
       ``(xiv) inspection;
       ``(xv) innovative finance;
       ``(xvi) workplace safety; and
       ``(xvii) public transportation security.
       ``(3) Providing education and training.--Education and 
     training of Government, State, and local transportation 
     employees under this subsection shall be provided--
       ``(A) by the Secretary at no cost to the States and local 
     governments for subjects that are a Government program 
     responsibility; or
       ``(B) when the education and training are paid under 
     paragraph (4), by the State, with the approval of the 
     Secretary, through grants and contracts with public and 
     private agencies, other institutions, individuals, and the 
     institute.
       ``(4) Availability of amounts.--Not more than 0.5 percent 
     of the amounts made available for a fiscal year beginning 
     after September 30, 1991, to a State or public transportation 
     authority in the State to carry out sections 5307 and 5309 is 
     available for expenditure by the State and public 
     transportation authorities in the State, with the approval of 
     the Secretary, to pay not more than 80 percent of the cost of 
     tuition and direct educational expenses related to educating 
     and training State and local transportation employees under 
     this subsection.''.
       (b) Repeal.--Section 5322 of such title, and the item 
     relating to that section in the analysis for chapter 53 of 
     such title, are repealed.
       (c) Clerical Amendment.--The analysis for chapter 53 of 
     such title is amended by striking the item relating to 
     section 5314 and inserting the following:

``5314. Technical assistance and workforce development.''.

     SEC. 3010. BICYCLE FACILITIES.

       Section 5319 of title 49, United States Code, is amended--
       (1) by striking ``90 percent'' and inserting ``80 
     percent''; and
       (2) by striking ``95 percent'' and inserting ``80 
     percent''.

     SEC. 3011. GENERAL PROVISIONS.

       Section 5323 of title 49, United States Code, is amended--
       (1) in subsection (h)--
       (A) in paragraph (1) by striking ``or'' at the end;
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) pay incremental costs of incorporating art or 
     landscaping into facilities, including the costs of an artist 
     on the design team; or'';
       (2) in subsection (i) by adding at the end the following:
       ``(3) Acquisition of base-model buses.--A grant for the 
     acquisition of a base-model bus for use in public 
     transportation may be not more than 85 percent of the net 
     project cost.'';
       (3) in subsection (j)(2) by striking subparagraph (C) and 
     inserting the following:
       ``(C) when procuring rolling stock (including train 
     control, communication, and traction power equipment) 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''; and
       (4) by adding at the end the following:
       ``(s) Value Capture Revenue Eligible for Local Share.--A 
     recipient of assistance under this chapter may use the 
     revenue generated from value capture financing mechanisms as 
     local matching funds for capital projects and operating costs 
     eligible under this chapter.
       ``(t) Special Condition on Charter Bus Transportation 
     Service.--If, in a fiscal year, the Secretary is prohibited 
     by law from enforcing regulations related to charter bus 
     service under part 604 of title 49, Code of Federal 
     Regulations, for any transit agency that during fiscal year 
     2008 was both initially granted a 60-day period to come into 
     compliance with such part 604, and then was subsequently 
     granted an exception from such part--
       ``(1) the transit agency shall be precluded from receiving 
     its allocation of urbanized area formula grant funds for that 
     fiscal year; and
       ``(2) any amounts withheld pursuant to paragraph (1) shall 
     be added to the amount that the Secretary may apportion under 
     section 5336 in the following fiscal year.''.

     SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM.

       Section 5329 of title 49, United States Code, is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (C) by striking ``and'' at the end;
       (B) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (C) by inserting after subparagraph (C) the following:
       ``(D) minimum safety standards to ensure the safe operation 
     of public transportation systems that--
       ``(i) are not related to performance standards for public 
     transportation vehicles developed under subparagraph (C); and
       ``(ii) to the extent practicable, take into consideration--

       ``(I) relevant recommendations of the National 
     Transportation Safety Board;
       ``(II) best practices standards developed by the public 
     transportation industry;
       ``(III) any minimum safety standards or performance 
     criteria being implemented across the public transportation 
     industry;
       ``(IV) relevant recommendations from the report under 
     section 3018 of the Surface Transportation Reauthorization 
     and Reform Act of 2015; and
       ``(V) any additional information that the Secretary 
     determines necessary and appropriate;'';

       (2) by striking subsection (f) and inserting the following:
       ``(f) Authority of Secretary.--
       ``(1) In general.--In carrying out this section, the 
     Secretary may--
       ``(A) conduct inspections, investigations, audits, 
     examinations, and testing of the equipment, facilities, 
     rolling stock, and operations of the public transportation 
     system of a recipient;
       ``(B) make reports and issue directives with respect to the 
     safety of the public transportation system of a recipient or 
     the public transportation industry generally;
       ``(C) in conjunction with an accident investigation or an 
     investigation into a pattern or practice of conduct that 
     negatively affects public safety, issue a subpoena to, and 
     take the deposition of, any employee of a recipient or a 
     State safety oversight agency, if--
       ``(i) before the issuance of the subpoena, the Secretary 
     requests a determination by the Attorney General as to 
     whether the subpoena will interfere with an ongoing criminal 
     investigation; and
       ``(ii) the Attorney General--

       ``(I) determines that the subpoena will not interfere with 
     an ongoing criminal investigation; or
       ``(II) fails to make a determination under clause (i) 
     before the date that is 30 days after the date on which the 
     Secretary makes a request under clause (i);

       ``(D) require the production of documents by, and prescribe 
     recordkeeping and reporting requirements for, a recipient or 
     a State safety oversight agency;
       ``(E) investigate public transportation accidents and 
     incidents and provide guidance to recipients regarding 
     prevention of accidents and incidents;
       ``(F) at reasonable times and in a reasonable manner, enter 
     and inspect relevant records of the public transportation 
     system of a recipient; and
       ``(G) issue rules to carry out this section.
       ``(2) Additional authority.--
       ``(A) Administration of state safety oversight 
     activities.--If the Secretary finds that a State safety 
     oversight agency that oversees a rail fixed guideway system 
     operating in more than 2 States has become incapable of 
     providing adequate safety oversight of such system, the 
     Secretary may administer State safety oversight activities 
     for such rail fixed guideway system until the States develop 
     a State safety oversight program certified by the Secretary 
     in accordance with subsection (e).
       ``(B) Funding.--To carry out administrative and oversight 
     activities authorized by this paragraph, the Secretary may 
     use grant funds apportioned to an eligible State under

[[Page H7546]]

     subsection (e)(6) to develop or carry out a State safety 
     oversight program.'';
       (3) in subsection (g)(1)--
       (A) in the matter preceding subparagraph (A) by striking 
     ``an eligible State, as defined in subsection (e),'' and 
     inserting ``a recipient'';
       (B) in subparagraph (C) by striking ``and'' at the end;
       (C) in subparagraph (D) by striking the period at the end 
     and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(E) withholding not more than 25 percent of financial 
     assistance under section 5307.''; and
       (4) in subsection (g)(2)--
       (A) in subparagraph (A)--
       (i) by inserting after ``funds'' the following: ``or 
     withhold funds''; and
       (ii) by inserting ``or (1)(E)'' after ``paragraph (1)(D)'';
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) Limitation.--The Secretary may only withhold funds in 
     accordance with paragraph (1)(E), if enforcement actions 
     under subparagraph (A), (B), (C), or (D) did not bring the 
     recipient into compliance.''.

     SEC. 3013. APPORTIONMENTS.

       Section 5336 of title 49, United States Code, is amended--
       (1) in subsection (a) in the matter preceding paragraph (1) 
     by striking ``subsection (h)(4)'' and inserting ``subsection 
     (g)(5)'';
       (2) in subsection (b)(2)(E) by striking ``22.27 percent'' 
     and inserting ``27 percent'';
       (3) by striking subsection (g) and redesignating 
     subsections (h), (i), and (j) as subsections (g), (h), and 
     (i), respectively;
       (4) in subsection (g) (as so redesignated)--
       (A) in paragraph (2) by striking ``subsection (j)'' and 
     inserting ``subsection (i)''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) of amounts not apportioned under paragraphs (1) and 
     (2)--
       ``(A) for fiscal years 2016 through 2018, 1.5 percent shall 
     be apportioned to urbanized areas with populations of less 
     than 200,000 in accordance with subsection (h); and
       ``(B) for fiscal years 2019 through 2021, 2 percent shall 
     be apportioned to urbanized areas with populations of less 
     than 200,000 in accordance with subsection (h);'';
       (5) in subsection (h)(2)(A) (as so redesignated) by 
     striking ``subsection (h)(3)'' and inserting ``subsection 
     (g)(3)''; and
       (6) in subsection (i) (as so redesignated) by striking 
     ``subsection (h)(2)'' and inserting ``subsection (g)(2)''.

     SEC. 3014. STATE OF GOOD REPAIR GRANTS.

       Section 5337 of title 49, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (1) by striking ``on a facility with 
     access for other high-occupancy vehicles'' and inserting ``on 
     high-occupancy vehicle lanes during peak hours'';
       (B) in paragraph (2) by inserting ``vehicle'' after 
     ``motorbus''; and
       (C) by adding at the end the following:
       ``(5) Use of funds.--A recipient in an urbanized area may 
     use any portion of the amount apportioned to the recipient 
     under this subsection for high intensity fixed guideway state 
     of good repair projects under subsection (c) if the recipient 
     demonstrates to the satisfaction of the Secretary that the 
     high intensity motorbus public transportation vehicles in the 
     urbanized area are in a state of good repair.''; and
       (2) by adding at the end the following:
       ``(e) Government Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be for 80 percent of the net project 
     cost of the project. The recipient may provide additional 
     local matching amounts.
       ``(2) Remaining costs.--The remainder of the net project 
     cost shall be provided--
       ``(A) in cash from non-Government sources other than 
     revenues from providing public transportation services;
       ``(B) from revenues derived from the sale of advertising 
     and concessions;
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital; or
       ``(D) from amounts appropriated or otherwise made available 
     to a department or agency of the Government (other than the 
     Department of Transportation) that are eligible to be 
     expended for transportation.''.

     SEC. 3015. AUTHORIZATIONS.

       Section 5338 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5338. Authorizations

       ``(a) Formula 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, 5314(c), 5318, 5335, 5337, 
     5339, and 5340, and section 20005(b) of the Federal Public 
     Transportation Act of 2012--
       ``(A) $8,723,925,000 for fiscal year 2016;
       ``(B) $8,879,211,000 for fiscal year 2017;
       ``(C) $9,059,459,000 for fiscal year 2018;
       ``(D) $9,240,648,000 for fiscal year 2019;
       ``(E) $9,429,000,000 for fiscal year 2020; and
       ``(F) $9,617,580,000 for fiscal year 2021.
       ``(2) Allocation of funds.--
       ``(A) Section 5305.--Of the amounts made available under 
     paragraph (1), there shall be available to carry out section 
     5305--
       ``(i) $128,800,000 for fiscal year 2016;
       ``(ii) $128,800,000 for fiscal year 2017;
       ``(iii) $131,415,000 for fiscal year 2018;
       ``(iv) $134,043,000 for fiscal year 2019;
       ``(v) $136,775,000 for fiscal year 2020; and
       ``(vi) $139,511,000 for fiscal year 2021.
       ``(B) Pilot program.--$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) Section 5307.--Of the amounts made available under 
     paragraph (1), there shall be allocated in accordance with 
     section 5336 to provide financial assistance for urbanized 
     areas under section 5307--
       ``(i) $4,458,650,000 for fiscal year 2016;
       ``(ii) $4,458,650,000 for fiscal year 2017;
       ``(iii) $4,549,161,000 for fiscal year 2018;
       ``(iv) $4,640,144,000 for fiscal year 2019;
       ``(v) $4,734,724,000 for fiscal year 2020; and
       ``(vi) $4,829,418,000 for fiscal year 2021.
       ``(D) Section 5310.--Of the amounts made available under 
     paragraph (1), there shall be available to provide financial 
     assistance for services for the enhanced mobility of seniors 
     and individuals with disabilities under section 5310--
       ``(i) $262,175,000 for fiscal year 2016;
       ``(ii) $266,841,000 for fiscal year 2017;
       ``(iii) $272,258,000 for fiscal year 2018;
       ``(iv) $277,703,000 for fiscal year 2019;
       ``(v) $283,364,000 for fiscal year 2020; and
       ``(vi) $289,031,000 for fiscal year 2021.
       ``(E) Section 5311.--
       ``(i) In general.--Of the amounts made available under 
     paragraph (1), there shall be available to provide financial 
     assistance for rural areas under section 5311--

       ``(I) $607,800,000 for fiscal year 2016;
       ``(II) $607,800,000 for fiscal year 2017;
       ``(III) $620,138,000 for fiscal year 2018;
       ``(IV) $632,541,000 for fiscal year 2019;
       ``(V) $645,434,000 for fiscal year 2020; and
       ``(VI) $658,343,000 for fiscal year 2021.

       ``(ii) Suballocation.--Of the amounts made available under 
     clause (i)--

       ``(I) there shall be available to carry out section 
     5311(c)(1) not less than $30,000,000 for each of fiscal years 
     2016 through 2021; and
       ``(II) there shall be available to carry out section 
     5311(c)(2) not less than $20,000,000 for each of fiscal years 
     2016 through 2021.

       ``(F) Section 5314(c).--Of the amounts made available under 
     paragraph (1), there shall be available for the national 
     transit institute under section 5314(c) $5,000,000 for each 
     of fiscal years 2016 through 2021.
       ``(G) Section 5318.--Of the amounts made available under 
     paragraph (1), there shall be available for bus testing under 
     section 5318 $3,000,000 for each of fiscal years 2016 through 
     2021.
       ``(H) Section 5335.--Of the amounts made available under 
     paragraph (1), there shall be available to carry out section 
     5335 $3,850,000 for each of fiscal years 2016 through 2021.
       ``(I) Section 5337.--Of the amounts made available under 
     paragraph (1), there shall be available to carry out section 
     5337--
       ``(i) $2,198,389,000 for fiscal year 2016;
       ``(ii) $2,237,520,000 for fiscal year 2017;
       ``(iii) $2,282,941,000 for fiscal year 2018;
       ``(iv) $2,328,600,000 for fiscal year 2019;
       ``(v) $2,376,064,000 for fiscal year 2020; and
       ``(vi) $2,423,585,000 for fiscal year 2021.
       ``(J) Section 5339(c).--Of the amounts made available under 
     paragraph (1), there shall be available for bus and bus 
     facilities programs under section 5339(c)--
       ``(i) $430,000,000 for fiscal year 2016;
       ``(ii) $431,850,000 for fiscal year 2017;
       ``(iii) $445,120,000 for fiscal year 2018;
       ``(iv) $458,459,000 for fiscal year 2019;
       ``(v) $472,326,000 for fiscal year 2020; and
       ``(vi) $486,210,000 for fiscal year 2021.
       ``(K) Section 5339(d).--Of the amounts made available under 
     paragraph (1), there shall be available for bus and bus 
     facilities competitive grants under 5339(d)--
       ``(i) $90,000,000 for fiscal year 2016; and
       ``(ii) $200,000,000 for each of fiscal years 2017 through 
     2021.
       ``(L) Section 5340.--Of the amounts made available under 
     paragraph (1), there shall be allocated in accordance with 
     section 5340 to provide financial assistance for urbanized 
     areas under section 5307 and rural areas under section 5311--
       ``(i) $525,900,000 for fiscal year 2016;
       ``(ii) $525,900,000 for fiscal year 2017;
       ``(iii) $536,576,000 for fiscal year 2018;
       ``(iv) $547,307,000 for fiscal year 2019;
       ``(v) $558,463,000 for fiscal year 2020; and
       ``(vi) $569,632,000 for fiscal year 2021.
       ``(b) Research, Development Demonstration and Deployment 
     Projects.--There are authorized to be appropriated to carry 
     out section 5312--
       ``(1) $33,495,000 for fiscal year 2016;
       ``(2) $34,091,000 for fiscal year 2017;
       ``(3) $34,783,000 for fiscal year 2018;
       ``(4) $35,479,000 for fiscal year 2019;
       ``(5) $36,202,000 for fiscal year 2020; and
       ``(6) $36,926,000 for fiscal year 2021.
       ``(c) Technical Assistance, Standards, and Workforce 
     Development.--There are authorized to be appropriated to 
     carry out section 5314--
       ``(1) $6,156,000 for fiscal year 2016;
       ``(2) $8,152,000 for fiscal year 2017;
       ``(3) $10,468,000 for fiscal year 2018;
       ``(4) $12,796,000 for fiscal year 2019;
       ``(5) $15,216,000 for fiscal year 2020; and
       ``(6) $17,639,000 for fiscal year 2021.
       ``(d) Capital Investment Grants.--There are authorized to 
     be appropriated to carry out section 5309--
       ``(1) $2,029,000,000 for fiscal year 2016;
       ``(2) $2,065,000,000 for fiscal year 2017;
       ``(3) $2,106,000,000 for fiscal year 2018;
       ``(4) $2,149,000,000 for fiscal year 2019;
       ``(5) $2,193,000,000 for fiscal year 2020; and
       ``(6) $2,237,000,000 for fiscal year 2021.
       ``(e) Administration.--

[[Page H7547]]

       ``(1) In general.--There are authorized to be appropriated 
     to carry out section 5334, $105,933,000 for fiscal years 2016 
     through 2021.
       ``(2) Section 5329.--Of the amounts authorized to be 
     appropriated under paragraph (1), not less than $4,500,000 
     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 (1), not less than $1,000,000 for each of fiscal 
     years 2016 through 2021 shall be available to carry out 
     section 5326.
       ``(f) Period of Availability.--Amounts made available by or 
     appropriated under this section shall remain available for 
     obligation for a period of 3 years after the last day of the 
     fiscal year for which the funds are authorized.
       ``(g) Grants as Contractual Obligations.--
       ``(1) Grants financed from highway trust fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts made available from the Mass Transit Account of the 
     Highway Trust Fund pursuant to this section is a contractual 
     obligation of the Government to pay the Government share of 
     the cost of the project.
       ``(2) Grants financed from general fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts appropriated in advance from the general fund of the 
     Treasury pursuant to this section is a contractual obligation 
     of the Government to pay the Government share of the cost of 
     the project only to the extent that amounts are appropriated 
     for such purpose by an Act of Congress.
       ``(h) 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; 122 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) 0.75 percent of amounts made available to carry out 
     section 5337(c), 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 available to the Secretary 
     before allocating the funds appropriated to carry out any 
     project under a full funding grant agreement.''.

     SEC. 3016. BUS AND BUS FACILITY GRANTS.

       (a) In General.--Section 5339 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5339. Bus and bus facility grants

       ``(a) General Authority.--The Secretary may make grants 
     under this section to assist eligible recipients described in 
     subsection (b)(1) in financing capital projects--
       ``(1) to replace, rehabilitate, and purchase buses and 
     related equipment; and
       ``(2) to construct bus-related facilities.
       ``(b) Eligible Recipients and Subrecipients.--
       ``(1) Recipients.--Eligible recipients under this section 
     are designated recipients that operate fixed route bus 
     service or that allocate funding to fixed route bus 
     operators.
       ``(2) Subrecipients.--A designated recipient that receives 
     a grant under this section may allocate amounts of the grant 
     to subrecipients that are public agencies or private 
     nonprofit organizations engaged in public transportation.
       ``(c) Formula Grant Distribution of Funds.--
       ``(1) In general.--Funds made available for making grants 
     under this subsection shall be distributed as follows:
       ``(A) National distribution.--$65,500,000 for each of 
     fiscal years 2016 through 2021 shall be allocated to all 
     States and territories, with each State receiving $1,250,000, 
     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 
     paragraph (1) shall be allocated pursuant to the formula set 
     forth in section 5336 (other than subsection (b) of that 
     section).
       ``(2) 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 subparagraph (A) to supplement--
       ``(i) amounts apportioned to the State under section 
     5311(c); or
       ``(ii) amounts apportioned to urbanized areas under 
     subsections (a) and (c) of section 5336.
       ``(B) Transfer flexibility for population and service 
     factors funds.--The Governor of a State may expend in an 
     urbanized area with a population of less than 200,000 any 
     amounts apportioned under paragraph (1)(B) that are not 
     allocated to designated recipients in urbanized areas with a 
     population of 200,000 or more.
       ``(3) Period of availability to recipients.--
       ``(A) In general.--Amounts made available under this 
     subsection may be obligated by a recipient for 3 years after 
     the fiscal year in which the amount is apportioned.
       ``(B) Reapportionment of unobligated amounts.--Not later 
     than 30 days after the end of the 3-year period described in 
     subparagraph (A), 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.
       ``(4) Pilot program for cost-effective capital 
     investment.--
       ``(A) In general.--For each of fiscal years 2016 through 
     2021, the Secretary shall carry out a pilot program under 
     which an eligible designated recipient (as described in 
     subsection (c)(1)) in an urbanized area with population of 
     not less than 200,000 and not more than 999,999 may elect to 
     participate in a State pool in accordance with this 
     paragraph.
       ``(B) Purpose of state pools.--The purpose of a State pool 
     shall be to allow for transfers of formula grant funds made 
     available under this subsection among the designated 
     recipients participating in the State pool in a manner that 
     supports the transit asset management plans of the designated 
     recipients under section 5326.
       ``(C) Requests for participation.--A State, and designated 
     recipients in the State described in subparagraph (A), may 
     submit to the Secretary a request for participation in the 
     program under procedures to be established by the Secretary. 
     A designated recipient for a multistate area may participate 
     in only 1 State pool.
       ``(D) Allocations to participating states.--For each fiscal 
     year, the Secretary shall allocate to each State 
     participating in the program the total amount of funds that 
     otherwise would be allocated to the urbanized areas of the 
     designated recipients participating in the State's pool for 
     that fiscal year pursuant to the formula referred to in 
     paragraph (1).
       ``(E) Allocations to designated recipients in state 
     pools.--A State shall distribute the amount that is allocated 
     to the State for a fiscal year under subparagraph (D) among 
     the designated recipients participating in the State's pool 
     in a manner that supports the transit asset management plans 
     of the recipients under section 5326.
       ``(F) Allocation plans.--A State participating in the 
     program shall develop an allocation plan for the period of 
     fiscal years 2016 through 2021 to ensure that a designated 
     recipient participating in the State's pool receives under 
     the program an amount of funds that equals the amount of 
     funds that would have otherwise been available to the 
     designated recipient for that period pursuant to the formula 
     referred to in paragraph (1).
       ``(G) Grants.--The Secretary shall make grants under this 
     subsection for a fiscal year to a designated recipient 
     participating in a State pool following notification by the 
     State of the allocation amount determined under subparagraph 
     (E).
       ``(d) Competitive Grants for Bus State of Good Repair.--
       ``(1) In general.--The Secretary may make grants under this 
     subsection to eligible recipients described in subsection 
     (b)(1) to assist in financing capital projects described in 
     subsection (a).
       ``(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 of an eligible recipient.
       ``(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 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) 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) following the period of availability shall be made 
     available to be apportioned

[[Page H7548]]

     under subsection (c) for the following fiscal year.
       ``(6) Limitation.--Of the amounts made available under this 
     subsection, not more than 15 percent in fiscal year 2016 and 
     not more than 5 percent in each of fiscal years 2017 through 
     2021 may be awarded to a single recipient.
       ``(7) Grant flexibility.--If the Secretary determines that 
     there are not sufficient grant applications that meet the 
     metrics described in paragraph (4)(A) to utilize the full 
     amount of funds made available to carry out this subsection 
     for a fiscal year, the Secretary may use the remainder of the 
     funds for making apportionments under sections 5307 and 5311.
       ``(e) Generally Applicable Provisions.--
       ``(1) Grant requirements.--A grant under this section shall 
     be subject to the requirements of--
       ``(A) section 5307 for recipients of grants made in 
     urbanized areas; and
       ``(B) section 5311 for recipients of grants made in rural 
     areas.
       ``(2) Government's share of costs.--
       ``(A) Capital projects.--A grant for a capital project 
     under this section shall be for 80 percent of the net capital 
     costs of the project. A recipient of a grant under this 
     section 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; or
       ``(iv) from amounts received under a service agreement with 
     a State or local social service agency or private social 
     service organization.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) State.--The term `State' means a State of the United 
     States.
       ``(2) Territory.--The term `territory' means the District 
     of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
     American Samoa, and the United States Virgin Islands.''.
       (b) Clerical Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 5339 and inserting the following:

``5339. Bus and bus facility grants.''.

     SEC. 3017. OBLIGATION CEILING.

       Notwithstanding any other provision of law, the total of 
     all obligations from amounts made available from the Mass 
     Transit Account of the Highway Trust Fund by subsection (a) 
     of section 5338 of title 49, United States Code, shall not 
     exceed--
       (1) $8,724,000,000 in fiscal year 2016;
       (2) $8,879,000,000 in fiscal year 2017;
       (3) $9,059,000,000 in fiscal year 2018;
       (4) $9,240,000,000 in fiscal year 2019;
       (5) $9,429,000,000 in fiscal year 2020; and
       (6) $9,618,000,000 in fiscal year 2021.

     SEC. 3018. INNOVATIVE PROCUREMENT.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Cooperative procurement contract.--The term 
     ``cooperative procurement contract'' means a contract--
       (A) entered into between a State government and 1 or more 
     vendors; and
       (B) under which the vendors agree to provide an option to 
     purchase rolling stock and related equipment to multiple 
     participants.
       (2) Lead procurement agency.--The term ``lead procurement 
     agency'' means a State government that acts in an 
     administrative capacity on behalf of each participant in a 
     cooperative procurement contract.
       (3) Participant.--The term ``participant'' means a grantee 
     that participates in a cooperative procurement contract.
       (4) Participate.--The term ``participate'' means to 
     purchase rolling stock and related equipment under a 
     cooperative procurement contract using assistance provided 
     under chapter 53 of title 49, United States Code.
       (5) Grantee.--The term ``grantee'' means a recipient and 
     subrecipient of assistance under chapter 53 of title 49, 
     United States Code.
       (b) Cooperative Procurement.--
       (1) General rules.--
       (A) 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.
       (B) Voluntary participation.--Participation by grantees in 
     a cooperative procurement contract shall be voluntary.
       (2) Authority.--A State government may enter into a 
     cooperative procurement contract with 1 or more vendors if 
     the vendors agree to provide an option to purchase rolling 
     stock and related equipment to the lead procurement agency 
     and any other participant.
       (3) Applicability of policies and procedures.--In procuring 
     rolling stock and related equipment under a cooperative 
     procurement contract under this subsection, a lead 
     procurement agency 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.
       (c) Joint Procurement Clearinghouse.--
       (1) In general.--The Secretary shall establish a 
     clearinghouse for the purpose of allowing grantees to 
     aggregate planned rolling stock purchases and identify joint 
     procurement participants.
       (2) Information on procurements.--The clearinghouse may 
     include information on bus size, engine type, floor type, and 
     any other attributes necessary to identify joint procurement 
     participants.
       (3) Limitations.--
       (A) Access.--The clearinghouse shall only be accessible to 
     the Federal Transit Administration and grantees.
       (B) Participation.--No grantees shall be required to submit 
     procurement information to the database.

     SEC. 3019. 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 begin a review of 
     the safety standards and protocols used in public 
     transportation systems in the United States that examines the 
     efficacy of existing standards and protocols.
       (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 approved by recipients with local 
     emergency responders having jurisdiction over a rail fixed 
     guideway public transportation system, including--

       (aa) emergency preparedness training, drills, and 
     familiarization programs for the 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) rail and bus safety standards, practices, or 
     protocols in use by public transportation systems, 
     regarding--

       (I) rail and bus design and the workstation of rail and bus 
     operators, as it relates to--

       (aa) the reduction of blindspots that contribute to 
     accidents involving pedestrians; and
       (bb) protecting rail and bus operators from the risk of 
     assault;

       (II) scheduling fixed route rail and bus service with 
     adequate time and access for operators to use restroom 
     facilities;
       (III) fatigue management; and
       (IV) crash avoidance and worthiness.

       (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 additional Federal minimum 
     public transportation safety standards.
       (3) Report.--After completing the review and evaluation 
     required under paragraphs (1) and (2), but not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall make available on a publicly accessible Web site, a 
     report that includes--
       (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 statutory changes if applicable; and
       (D) actions that the Secretary will take to address the 
     recommendations provided under subparagraph (C), including, 
     if necessary, the authorities under section 5329(b)(2)(D) of 
     chapter 53 of title 49, United States Code.

     SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC 
                   TRANSPORTATION SAFETY PROGRAM INFORMATION.

       (a) Study.--The Comptroller General shall complete a study 
     to evaluate whether it is in the public interest, including 
     public safety and the legal rights of persons injured in 
     public transportation accidents, to withhold from discovery 
     or admission into evidence in a Federal or State court 
     proceeding any plan, report, data, or other information or 
     portion thereof, submitted to, developed, produced, 
     collected, or obtained by the Secretary or the Secretary's 
     representative for purposes of complying with the 
     requirements under section 5329 of chapter 53 of title 49, 
     United States Code, including information related to a 
     recipient's safety plan, safety risks, and mitigation 
     measures.

[[Page H7549]]

       (b) Input.--In conducting the study under subsection (a), 
     the Comptroller General shall solicit input from the public 
     transportation recipients, public transportation nonprofit 
     employee labor organizations, and impacted members of the 
     general public.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this section, the Comptroller General shall 
     issue a report, with the findings of the study under 
     subsection (a), including any recommendations on statutory 
     changes regarding evidentiary protections that will increase 
     transit safety.

     SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH 
                   DISABILITIES.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Allocated cost model.--The term ``allocated cost 
     model'' means a method of determining the cost of trips by 
     allocating the cost to each trip purpose served by a 
     transportation provider in a manner that is proportional to 
     the level of transportation service that the transportation 
     provider delivers for each trip purpose, to the extent 
     permitted by applicable Federal laws.
       (2) Council.--The term ``Council'' means the Interagency 
     Transportation Coordinating Council on Access and Mobility 
     established under Executive Order 13330 (49 U.S.C. 101 note).
       (b) Strategic Plan.--Not later than 1 year after the date 
     of enactment of this Act, the Council shall publish a 
     strategic plan for the Council that--
       (1) outlines the role and responsibilities of each Federal 
     agency with respect to local transportation coordination, 
     including nonemergency medical transportation;
       (2) identifies a strategy to strengthen interagency 
     collaboration;
       (3) addresses any outstanding recommendations made by the 
     Council in the 2005 Report to the President relating to the 
     implementation of Executive Order 13330, including--
       (A) a cost-sharing policy endorsed by the Council; and
       (B) recommendations to increase participation by recipients 
     of Federal grants in locally developed, coordinated planning 
     processes;
       (4) to the extent feasible, addresses recommendations by 
     the Comptroller General of the United States concerning local 
     coordination of transportation services;
       (5) examines and proposes changes to Federal regulations 
     that will eliminate Federal barriers to local transportation 
     coordination, including non-emergency medical transportation; 
     and
       (6) recommends to Congress changes to Federal laws, except 
     chapter 53 of title 49, United States Code, that will 
     eliminate Federal barriers to local transportation 
     coordination, including nonemergency medical transportation.
       (c) Development of Cost-Sharing Policy in Compliance With 
     Applicable Federal Laws.--In establishing the cost-sharing 
     policy required under subsection (b), the Council may 
     consider, to the extent practicable--
       (1) the development of recommended strategies for grantees 
     of programs funded by members of the Council, including 
     strategies for grantees of programs that fund nonemergency 
     medical transportation, to use the cost-sharing policy in a 
     manner that does not violate applicable Federal laws; and
       (2) 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--
       (A) eligibility requirements;
       (B) service delivery requirements; and
       (C) reimbursement requirements.

     SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES.

       (a) Requirements.--Not later than 90 days after publication 
     of the report required in section 3019, the Secretary shall 
     issue a notice of proposed rulemaking on protecting transit 
     operators from the risk of assault.
       (b) Consideration.--In the proposed rulemaking the 
     Secretary shall consider--
       (1) different safety needs of drivers of different modes;
       (2) differences in operating environments;
       (3) the use of technology to mitigate driver assault risks;
       (4) existing experience, from both agencies and operators 
     who already are using or testing driver assault mitigation 
     infrastructure; and
       (5) the impact of the rule on future rolling stock 
     procurements and vehicles currently in revenue service.
       (c) Savings Clause.--Nothing in this section may be 
     construed as prohibiting the Secretary from issuing different 
     comprehensive worker protections, including standards for 
     mitigating assaults.

     SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED 
                   PLAN.

       Notwithstanding the provisions of part 37.131(c) of title 
     49, Code of Federal Regulations, any paratransit system 
     currently coordinating complementary paratransit service for 
     more than 40 fixed route agencies shall be permitted to 
     continue using an existing tiered, distance-based coordinated 
     paratransit fare system.

                        TITLE IV--HIGHWAY SAFETY

     SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Highway safety programs.--For carrying out section 402 
     of title 23, United States Code--
       (A) $260,274,200 for fiscal year 2016;
       (B) $265,935,829 for fiscal year 2017;
       (C) $271,787,002 for fiscal year 2018;
       (D) $278,090,300 for fiscal year 2019;
       (E) $284,874,829 for fiscal year 2020; and
       (F) $291,195,558 for fiscal year 2021.
       (2) Highway safety research and development.--For carrying 
     out section 403 of title 23, United States Code--
       (A) $115,951,600 for fiscal year 2016;
       (B) $118,398,179 for fiscal year 2017;
       (C) $121,665,968 for fiscal year 2018;
       (D) $124,926,616 for fiscal year 2019;
       (E) $128,187,201 for fiscal year 2020; and
       (F) $131,455,975 for fiscal year 2021.
       (3) National priority safety programs.--For carrying out 
     section 405 of title 23, United States Code--
       (A) $275,862,400 for fiscal year 2016;
       (B) $281,186,544 for fiscal year 2017;
       (C) $286,500,970 for fiscal year 2018;
       (D) $292,316,940 for fiscal year 2019;
       (E) $298,601,754 for fiscal year 2020; and
       (F) $304,394,628 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) $5,000,000 for fiscal year 2016;
       (B) $5,000,000 for fiscal year 2017;
       (C) $5,000,000 for fiscal year 2018;
       (D) $5,000,000 for fiscal year 2019;
       (E) $5,000,000 for fiscal year 2020; and
       (F) $5,000,000 for fiscal year 2021.
       (5) High-visibility enforcement program.--For carrying out 
     section 404 of title 23, United States Code--
       (A) $29,411,800 for fiscal year 2016;
       (B) $29,979,448 for fiscal year 2017;
       (C) $30,546,059 for fiscal year 2018;
       (D) $31,166,144 for fiscal year 2019;
       (E) $31,836,216 for fiscal year 2020; and
       (F) $32,453,839 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 title--
       (A) $25,500,000 for fiscal year 2016;
       (B) $25,500,000 for fiscal year 2017;
       (C) $25,500,000 for fiscal year 2018;
       (D) $25,500,000 for fiscal year 2019;
       (E) $25,500,000 for fiscal year 2020; and
       (F) $25,500,000 for fiscal year 2021.
       (b) Prohibition on Other Uses.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, and 
     chapter 303 of title 49, United States Code, the amounts made 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) for a program under such chapters--
       (1) shall only be used to carry out such program; and
       (2) may not be used by States or local governments for 
     construction purposes.
       (c) Applicability of Title 23.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, and 
     chapter 303 of title 49, United States Code, amounts made 
     available under subsection (a) for fiscal years 2016 through 
     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) State Matching Requirements.--If a grant awarded under 
     chapter 4 of title 23, United States Code, requires a State 
     to share in the cost, the aggregate of all expenditures for 
     highway safety activities made during a fiscal year by the 
     State and its political subdivisions (exclusive of Federal 
     funds) for carrying out the grant (other than planning and 
     administration) that are in excess of the amount required 
     under Federal law shall be available for the purpose of 
     crediting the State during such fiscal year for the non-
     Federal share of the cost of any other project carried out 
     under chapter 4 of title 23, United States Code (other than 
     planning or administration), without regard to whether such 
     expenditures were made in connection with such project.
       (e) Grant Application and Deadline.--To receive a grant 
     under chapter 4 of title 23, United States Code, a State 
     shall submit an application, and the Secretary shall 
     establish a single deadline for such applications to enable 
     the award of grants early in the next fiscal year.

     SEC. 4002. HIGHWAY SAFETY PROGRAMS.

       Section 402 of title 23, United States Code, is amended--
       (1) in subsection (a)(2)(A)--
       (A) in clause (vi) by striking ``and'' at the end;
       (B) in clause (vii) by inserting ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(viii) to increase driver awareness of commercial motor 
     vehicles to prevent crashes and reduce injuries and 
     fatalities;'';
       (2) in subsection (c)(4), by adding at the end the 
     following:
       ``(C) Survey.--A State shall expend funds apportioned to 
     that State under this section to conduct a biennial survey 
     that the Secretary shall make publicly available through the 
     Internet Web site of the Department of Transportation that 
     includes--
       ``(i) a list of automated traffic enforcement systems in 
     the State;
       ``(ii) adequate data to measure the transparency, 
     accountability, and safety attributes of each automated 
     traffic enforcement system; and
       ``(iii) a comparison of each automated traffic enforcement 
     system with--

       ``(I) Speed Enforcement Camera Systems Operational 
     Guidelines (DOT HS 810 916, March 2008); and

[[Page H7550]]

       ``(II) Red Light Camera Systems Operational Guidelines 
     (FHWA-SA-05-002, January 2005).'';

       (3) by striking subsection (g) and inserting the following:
       ``(g) Restriction.--Nothing in this section may be 
     construed to authorize the appropriation or expenditure of 
     funds for highway construction, maintenance, or design (other 
     than design of safety features of highways to be incorporated 
     into guidelines).'';
       (4) in subsection (k)--
       (A) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Electronic submission.--The Secretary, in 
     coordination with the Governors Highway Safety Association, 
     shall develop procedures to allow States to submit highway 
     safety plans under this subsection, including any attachments 
     to the plans, in electronic form.''; and
       (5) in subsection (m)(2)(A)--
       (A) in clause (iv) by striking ``and'' at the end; and
       (B) by adding at the end the following:
       ``(vi) increase driver awareness of commercial motor 
     vehicles to prevent crashes and reduce injuries and 
     fatalities; and''.

     SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

       Section 403 of title 23, United States Code, is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (E) by striking ``and'' at the end;
       (B) by redesignating subparagraph (F) as subparagraph (G);
       (C) by inserting after subparagraph (E) the following:
       ``(F) the installation of ignition interlocks in the United 
     States; and''; and
       (D) in subparagraph (G), as so redesignated, by striking 
     ``in subparagraphs (A) through (E)'' and inserting ``in 
     subparagraphs (A) through (F)'';
       (2) in subsection (h) by striking paragraph (2) and 
     inserting the following:
       ``(2) Funding.--The Secretary shall obligate for each of 
     fiscal years 2016 through 2021, from funds made available to 
     carry out this section, except that the total obligated for 
     the period covering fiscal years 2016 through 2021 may not 
     exceed $32,000,000, to conduct the research described in 
     paragraph (1).''; and
       (3) by adding at the end the following:
       ``(i) Limitation on Drug and Alcohol Survey Data.--The 
     Secretary shall establish procedures and guidelines to ensure 
     that any person participating in a program or activity that 
     collects data on drug or alcohol use by drivers of motor 
     vehicles and is carried out under this section is informed 
     that the program or activity is voluntary.
       ``(j) Federal Share.--The Federal share of the cost of any 
     project or activity carried out under this section may be not 
     more than 100 percent.''.

     SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

       (a) In General.--Section 404 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 404. High visibility enforcement program

       ``(a) In General.--The Administrator of the National 
     Highway Traffic Safety Administration shall establish and 
     administer a program under which not less than 3 campaigns 
     will be carried out in each of fiscal years 2016 through 
     2021.
       ``(b) Purpose.--The purpose of each campaign carried out 
     under this section shall be to achieve outcomes related to 
     not less than 1 of the following objectives:
       ``(1) Reduce alcohol-impaired or drug-impaired operation of 
     motor vehicles.
       ``(2) Increase use of seatbelts by occupants of motor 
     vehicles.
       ``(3) Reduce distracted driving of motor vehicles.
       ``(c) Advertising.--The Administrator may use, or authorize 
     the use of, funds available to carry out this section to pay 
     for the development, production, and use of broadcast and 
     print media advertising and Internet-based outreach in 
     carrying out campaigns under this section. Consideration 
     shall be given to advertising directed at non-English 
     speaking populations, including those who listen to, read, or 
     watch nontraditional media.
       ``(d) Coordination With States.--The Administrator shall 
     coordinate with States in carrying out the campaigns under 
     this section, including advertising funded under subsection 
     (c), with consideration given to--
       ``(1) relying on States to provide law enforcement 
     resources for the campaigns out of funding available under 
     sections 402 and 405; and
       ``(2) providing out of National Highway Traffic Safety 
     Administration resources most of the means necessary for 
     national advertising and education efforts associated with 
     the campaigns.
       ``(e) Use of Funds.--Funds made available to carry out this 
     section may only be used for activities described in 
     subsection (c).
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Campaign.--The term `campaign' means a high-
     visibility traffic safety law enforcement campaign.
       ``(2) State.--The term `State' has the meaning such term 
     has under section 401.''.
       (b) Clerical Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 404 and inserting the following:

``404. High-visibility enforcement program.''.

     SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.

       (a) General Authority.--Section 405(a) of title 23, United 
     States Code, is amended to read as follows:
       ``(a) General Authority.--Subject to the requirements of 
     this section, the Secretary of Transportation shall manage 
     programs to address national priorities for reducing highway 
     deaths and injuries. Funds shall be allocated according to 
     the following:
       ``(1) Occupant protection.--In each fiscal year, 13 percent 
     of the funds provided under this section shall be allocated 
     among States that adopt and implement effective occupant 
     protection programs to reduce highway deaths and injuries 
     resulting from individuals riding unrestrained or improperly 
     restrained in motor vehicles (as described in subsection 
     (b)).
       ``(2) State traffic safety information system 
     improvements.--In each fiscal year, 14.5 percent of the funds 
     provided under this section shall be allocated among States 
     that meet requirements with respect to State traffic safety 
     information system improvements (as described in subsection 
     (c)).
       ``(3) Impaired driving countermeasures.--In each fiscal 
     year, 52.5 percent of the funds provided under this section 
     shall be allocated among States that meet requirements with 
     respect to impaired driving countermeasures (as described in 
     subsection (d)).
       ``(4) Distracted driving.--In each fiscal year, 8.5 percent 
     of the funds provided under this section shall be allocated 
     among States that adopt and implement effective laws to 
     reduce distracted driving (as described in subsection (e)).
       ``(5) Motorcyclist safety.--In each fiscal year, 1.5 
     percent of the funds provided under this section shall be 
     allocated among States that implement motorcyclist safety 
     programs (as described in subsection (f)).
       ``(6) State graduated driver licensing laws.--In each 
     fiscal year, 5 percent of the funds provided under this 
     section shall be allocated among States that adopt and 
     implement graduated driver licensing laws (as described in 
     subsection (g)).
       ``(7) Nonmotorized safety.--In each fiscal year, 5 percent 
     of the funds provided under this section shall be allocated 
     among States that meet requirements with respect to 
     nonmotorized safety (as described in subsection (h)).
       ``(8) Transfers.--Notwithstanding paragraphs (1) through 
     (7), the Secretary may reallocate, before the last day of any 
     fiscal year, any amounts remaining available to carry out any 
     of the activities described in subsections (b) through (h) to 
     increase the amount made available under section 402, in 
     order to ensure, to the maximum extent possible, that all 
     such amounts are obligated during such fiscal year.
       ``(9) Maintenance of effort.--
       ``(A) Requirements.--No grant may be made to a State in any 
     fiscal year under subsection (b), (c), or (d) unless the 
     State enters into such agreements with the Secretary as the 
     Secretary may require to ensure that the State will maintain 
     its aggregate expenditures from all State and local sources 
     for programs described in those subsections at or above the 
     average level of such expenditures in the 2 fiscal years 
     preceding the date of enactment of this paragraph.
       ``(B) Waiver.--Upon the request of a State, the Secretary 
     may waive or modify the requirements under subparagraph (A) 
     for not more than 1 fiscal year if the Secretary determines 
     that such a waiver would be equitable due to exceptional or 
     uncontrollable circumstances.''.
       (b) High Seatbelt Use Rate.--Section 405(b)(4)(B) of title 
     23, United States Code, is amended by striking ``75 percent'' 
     and inserting ``100 percent''.
       (c) Impaired Driving Countermeasures.--Section 405(d) of 
     title 23, United States Code, is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) Use of grant amounts.--
       ``(A) Required programs.--High-range States shall use grant 
     funds for--
       ``(i) high-visibility enforcement efforts; and
       ``(ii) any of the activities described in subparagraph (B) 
     if--

       ``(I) the activity is described in the statewide plan; and
       ``(II) the Secretary approves the use of funding for such 
     activity.

       ``(B) Authorized programs.--Medium-range and low-range 
     States may use grant funds for--
       ``(i) any of the purposes described in subparagraph (A);
       ``(ii) hiring a full-time or part-time impaired driving 
     coordinator of the State's activities to address the 
     enforcement and adjudication of laws regarding driving while 
     impaired by alcohol, drugs, or the combination of alcohol and 
     drugs;
       ``(iii) court support of high-visibility enforcement 
     efforts, training and education of criminal justice 
     professionals (including law enforcement, prosecutors, 
     judges, and probation officers) to assist such professionals 
     in handling impaired driving cases, hiring traffic safety 
     resource prosecutors, hiring judicial outreach liaisons, and 
     establishing driving while intoxicated courts;
       ``(iv) alcohol ignition interlock programs;
       ``(v) improving blood-alcohol concentration testing and 
     reporting;

[[Page H7551]]

       ``(vi) paid and earned media in support of high-visibility 
     enforcement efforts, conducting standardized field sobriety 
     training, advanced roadside impaired driving evaluation 
     training, and drug recognition expert training for law 
     enforcement, and equipment and related expenditures used in 
     connection with impaired driving enforcement in accordance 
     with criteria established by the National Highway Traffic 
     Safety Administration;
       ``(vii) training on the use of alcohol and drug screening 
     and brief intervention;
       ``(viii) training for and implementation of impaired 
     driving assessment programs or other tools designed to 
     increase the probability of identifying the recidivism risk 
     of a person convicted of driving under the influence of 
     alcohol, drugs, or a combination of alcohol and drugs and to 
     determine the most effective mental health or substance abuse 
     treatment or sanction that will reduce such risk;
       ``(ix) developing impaired driving information systems; and
       ``(x) costs associated with a 24-7 sobriety program.
       ``(C) Other programs.--Low-range States may use grant funds 
     for any expenditure designed to reduce impaired driving based 
     on problem identification and may use not more than 50 
     percent of funds made available under this subsection for any 
     project or activity eligible for funding under section 402. 
     Medium- and high-range States may use funds for any 
     expenditure designed to reduce impaired driving based on 
     problem identification upon approval by the Secretary.''; and
       (2) by striking paragraph (6)(A) and inserting the 
     following:
       ``(A) In general.--The Secretary shall make a separate 
     grant under this subsection to each State that adopts and is 
     enforcing a law that requires any individual convicted of 
     driving under the influence of alcohol or of driving while 
     intoxicated to receive a restriction on driving privileges 
     that limits the individual to operating only motor vehicles 
     with an ignition interlock installed. Such law may provide 
     limited exceptions for circumstances when--
       ``(i) a State-certified ignition interlock provider is not 
     available within 100 miles of the individual's residence;
       ``(ii) 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; or
       ``(iii) 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.''.
       (d) Distracted Driving Grants.--Section 405(e) of title 23, 
     United States Code, is amended to read as follows:
       ``(e) Distracted Driving Grants.--
       ``(1) In general.--The Secretary shall award a grant under 
     this subsection to any State that includes distracted driving 
     awareness as part of the State's driver's license 
     examination, and enacts and enforces a law that meets the 
     requirements set forth in paragraphs (2) and (3).
       ``(2) Prohibition on texting while driving or stopped in 
     traffic.--A State law meets the requirements set forth in 
     this paragraph if the law--
       ``(A) prohibits a driver from texting through a personal 
     wireless communications device while driving or stopped in 
     traffic;
       ``(B) makes violation of the law a primary offense; and
       ``(C) establishes a minimum fine for a violation of the 
     law.
       ``(3) Prohibition on youth cell phone use while driving or 
     stopped in traffic.--A State law meets the requirements set 
     forth in this paragraph if the law--
       ``(A) prohibits a driver from using a personal wireless 
     communications device while driving or stopped in traffic--
       ``(i) younger than 18 years of age; or
       ``(ii) in the learner's permit and intermediate license 
     stages set forth in subsection (g)(2)(B);
       ``(B) makes violation of the law a primary offense; and
       ``(C) establishes a minimum fine for a first violation of 
     the law.
       ``(4) Permitted exceptions.--A law that meets the 
     requirements set forth in paragraph (2) or (3) may provide 
     exceptions for--
       ``(A) a driver who uses a personal wireless communications 
     device to contact emergency services;
       ``(B) emergency services personnel who use a personal 
     wireless communications device while--
       ``(i) operating an emergency services vehicle; and
       ``(ii) engaged in the performance of their duties as 
     emergency services personnel;
       ``(C) an individual employed as a commercial motor vehicle 
     driver or a school bus driver who uses a personal wireless 
     communications device within the scope of such individual's 
     employment if such use is permitted under the regulations 
     promulgated pursuant to section 31136 of title 49; and
       ``(D) any additional exceptions determined by the Secretary 
     through a rulemaking process.
       ``(5) Use of grant funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts received by a State under this subsection shall be 
     used--
       ``(i) to educate the public through advertising containing 
     information about the dangers of texting or using a cell 
     phone while driving;
       ``(ii) for traffic signs that notify drivers about the 
     distracted driving law of the State; or
       ``(iii) for law enforcement costs related to the 
     enforcement of the distracted driving law.
       ``(B) Flexibility.--

       ``(i) Not more than 50 percent of amounts received by a 
     State under this subsection may be used for any eligible 
     project or activity under section 402.
       ``(ii) Not more than 75 percent of amounts received by a 
     State under this subsection may be used for any eligible 
     project or activity under section 402 if the State has 
     conformed its distracted driving data to the most recent 
     Model Minimum Uniform Crash Criteria published by the 
     Secretary.

       ``(6) Allocation to support state distracted driving 
     laws.--Of the amounts available under this subsection in a 
     fiscal year for distracted driving grants, the Secretary may 
     expend not more than $5,000,000 for the development and 
     placement of broadcast media to reduce distracted driving of 
     motor vehicles, including to support campaigns related to 
     distracted driving that are funded under section 404.
       ``(7) Grant amount.--The allocation of grant funds to a 
     State under this subsection for a fiscal year shall be in 
     proportion to the State's apportionment under section 402 for 
     fiscal year 2009.
       ``(8) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Driving.--The term `driving'--
       ``(i) means operating a motor vehicle on a public road, 
     including operation while temporarily stationary because of 
     traffic, a traffic light or stop sign, or otherwise; and
       ``(ii) does not include operating a motor vehicle when the 
     vehicle has pulled over to the side of, or off, an active 
     roadway and has stopped in a location where it can safely 
     remain stationary.
       ``(B) Personal wireless communications device.--The term 
     `personal wireless communications device'--
       ``(i) means a device through which personal wireless 
     services (as defined in section 332(c)(7)(C)(i) of the 
     Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 
     transmitted; and
       ``(ii) does not include a global navigation satellite 
     system receiver used for positioning, emergency notification, 
     or navigation purposes.
       ``(C) Primary offense.--The term `primary offense' means an 
     offense for which a law enforcement officer may stop a 
     vehicle solely for the purpose of issuing a citation in the 
     absence of evidence of another offense.
       ``(D) Public road.--The term `public road' has the meaning 
     given such term in section 402(c).
       ``(E) Texting.--The term `texting' means reading from or 
     manually entering data into a personal wireless 
     communications device, including doing so for the purpose of 
     SMS texting, emailing, instant messaging, or engaging in any 
     other form of electronic data retrieval or electronic data 
     communication.''.
       (e) Motorcyclist Safety.--Section 405(f) of title 23, 
     United States Code, is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Grant amount.--The allocation of grant funds to a 
     State under this subsection for a fiscal year shall be in 
     proportion to the State's apportionment under section 402 for 
     fiscal year 2009, except that the amount of a grant awarded 
     to a State for a fiscal year may not exceed 25 percent of the 
     amount apportioned to the State under such section for fiscal 
     year 2009.'';
       (2) in paragraph (4) by adding at the end the following:
       ``(C) Flexibility.--Not more than 50 percent of grant funds 
     received by a State under this subsection may be used for any 
     eligible project or activity under section 402 if the State 
     is in the lowest 25 percent of all States for motorcycle 
     deaths per 10,000 motorcycle registrations based on the most 
     recent data that conforms with criteria established by the 
     Secretary.''; and
       (3) by adding at the end the following:
       ``(6) Share-the-road model language.--Not later than 1 year 
     after the date of enactment of this paragraph, the Secretary 
     shall update and provide to the States model language for use 
     in traffic safety education courses, driver's manuals, and 
     other driver training materials that provides instruction for 
     drivers of motor vehicles on the importance of sharing the 
     road safely with motorcyclists.''.
       (f) State Graduated Driver Licensing Incentive Grant.--
     Section 405(g) of title 23, United States Code, is amended to 
     read as follows:
       ``(g) State Graduated Driver Licensing Incentive Grant.--
       ``(1) Grants authorized.--Subject to the requirements under 
     this subsection, the Secretary shall award grants to States 
     that adopt and implement graduated driver licensing laws in 
     accordance with the requirements set forth in paragraph (2).
       ``(2) Minimum requirements.--
       ``(A) In general.--A State meets the requirements set forth 
     in this paragraph if the State has a graduated driver 
     licensing law that requires novice drivers younger than 18 
     years of age to comply with the 2-stage licensing process 
     described in subparagraph (B) before receiving an 
     unrestricted driver's license.

[[Page H7552]]

       ``(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 comply with the additional 
     requirements under subparagraph (C) and includes--
       ``(i) a learner's permit stage that--

       ``(I) is not less than 6 months in duration and remains in 
     effect until the driver reaches not less than 16 years of 
     age;
       ``(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 subsection (e)(4);
       ``(III) requires that the driver be accompanied and 
     supervised at all times while operating a motor vehicle by a 
     licensed driver who is--

       ``(aa) not less than 21 years of age;
       ``(bb) the driver's parent or guardian; or
       ``(cc) a State-certified driving instructor; and

       ``(IV) complies with the additional requirements for a 
     learner's permit stage set forth in subparagraph (C)(i); and

       ``(ii) an intermediate stage that--

       ``(I) is not less than 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 subsection (e)(4);
       ``(III) for the first 6 months of such stage, restricts 
     driving at night when not supervised by a licensed driver 
     described in clause (i)(III), excluding transportation to 
     work, school, or religious activities, or in the case of an 
     emergency;
       ``(IV) for a period of not less than 6 months, prohibits 
     the driver from operating a motor vehicle with more than 1 
     nonfamilial passenger under 21 years of age unless a licensed 
     driver described in clause (i)(III) is in the vehicle; and
       ``(V) complies with the additional requirements for an 
     intermediate stage set forth in subparagraph (C)(ii).

       ``(C) Additional requirements.--
       ``(i) Learner's permit stage.--In addition to the 
     requirements of subparagraph (B)(i), a learner's permit stage 
     shall include not less than 2 of the following requirements:

       ``(I) Passage of a vision and knowledge assessment by a 
     learner's permit applicant prior to receiving a learner's 
     permit.
       ``(II) The driver completes--

       ``(aa) a State-certified driver education or training 
     course; or
       ``(bb) not less than 40 hours of behind-the-wheel training 
     with a licensed driver described in subparagraph (B)(i)(III).

       ``(III) In addition to any other penalties imposed by State 
     law, the grant of an unrestricted driver's license or 
     advancement to an intermediate stage be automatically delayed 
     for any individual who, during the learner's permit stage, is 
     convicted of a driving-related offense, including--

       ``(aa) driving while intoxicated;
       ``(bb) misrepresentation of the individual's age;
       ``(cc) reckless driving;
       ``(dd) driving without wearing a seatbelt;
       ``(ee) speeding; or
       ``(ff) any other driving-related offense, as determined by 
     the Secretary.
       ``(ii) Intermediate stage.--In addition to the requirements 
     of subparagraph (B)(ii), an intermediate stage shall include 
     not less than 2 of the following requirements:

       ``(I) Commencement of such stage after the successful 
     completion of a driving skills test.
       ``(II) That such stage remain in effect until the driver 
     reaches the age of not less than 17.
       ``(III) In addition to any other penalties imposed by State 
     law, the grant of an unrestricted driver's license be 
     automatically delayed for any individual who, during the 
     learner's permit stage, is convicted of a driving-related 
     offense, including those described in clause (i)(III).

       ``(3) Exception.--A State that otherwise meets the minimum 
     requirements set forth in paragraph (2) shall be deemed by 
     the Secretary to be in compliance with the requirement set 
     forth in paragraph (2) if the State enacted a law before 
     January 1, 2011, establishing a class of license that permits 
     licensees or applicants younger than 18 years of age to drive 
     a motor vehicle--
       ``(A) in connection with work performed on, or for the 
     operation of, a farm owned by family members who are directly 
     related to the applicant or licensee; or
       ``(B) if demonstrable hardship would result from the denial 
     of a license to the licensees or applicants.
       ``(4) Allocation.--Grant funds allocated to a State under 
     this subsection for a fiscal year shall be in proportion to 
     the State's apportionment under section 402 for fiscal year 
     2009.
       ``(5) Use of funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     grant funds received by a State under this subsection shall 
     be used for--
       ``(i) enforcing a 2-stage licensing process that complies 
     with paragraph (2);
       ``(ii) training for law enforcement personnel and other 
     relevant State agency personnel relating to the enforcement 
     described in clause (i);
       ``(iii) publishing relevant educational materials that 
     pertain directly or indirectly to the State graduated driver 
     licensing law;
       ``(iv) carrying out other administrative activities that 
     the Secretary considers relevant to the State's 2-stage 
     licensing process; or
       ``(v) carrying out a teen traffic safety program described 
     in section 402(m).
       ``(B) Flexibility.--
       ``(i) Not more than 75 percent of grant funds received by a 
     State under this subsection may be used for any eligible 
     project or activity under section 402.
       ``(ii) Not more than 100 percent of grant funds received by 
     a State under this subsection may be used for any eligible 
     project or activity under section 402, if the State is in the 
     lowest 25 percent of all States for the number of drivers 
     under age 18 involved in fatal crashes in the State per the 
     total number of drivers under age 18 in the State based on 
     the most recent data that conforms with criteria established 
     by the Secretary.''.
       (g) Nonmotorized Safety.--Section 405 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(h) Nonmotorized Safety.--
       ``(1) General authority.--Subject to the requirements under 
     this subsection, the Secretary shall award grants to States 
     for the purpose of decreasing pedestrian and bicycle 
     fatalities and injuries that result from crashes involving a 
     motor vehicle.
       ``(2) Federal share.--The Federal share of the cost of a 
     project carried out by a State using amounts from a grant 
     awarded under this subsection may not exceed 80 percent.
       ``(3) Eligibility.--A State shall receive a grant under 
     this subsection in a fiscal year if the annual combined 
     pedestrian and bicycle fatalities in the State exceed 15 
     percent of the total annual crash fatalities in the State, 
     based on the most recently reported final data from the 
     Fatality Analysis Reporting System.
       ``(4) Use of grant amounts.--Grant funds received by a 
     State under this subsection may be used for--
       ``(A) training of law enforcement officials on State laws 
     applicable to pedestrian and bicycle safety;
       ``(B) enforcement mobilizations and campaigns designed to 
     enforce State traffic laws applicable to pedestrian and 
     bicycle safety; and
       ``(C) public education and awareness programs designed to 
     inform motorists, pedestrians, and bicyclists of State 
     traffic laws applicable to pedestrian and bicycle safety.
       ``(5) Grant amount.--The allocation of grant funds to a 
     State under this subsection for a fiscal year shall be in 
     proportion to the State's apportionment under section 402 for 
     fiscal year 2009.''.

     SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR 
                   CREATE RELATED CHECKPOINTS FOR A MOTORCYCLE 
                   DRIVER OR PASSENGER.

       The Secretary may not provide a grant or otherwise make 
     available funding to a State, Indian tribe, county, 
     municipality, or other local government to be used for a 
     program or activity to check helmet usage, including 
     checkpoints related to helmet usage, with respect to a 
     motorcycle driver or passenger.

     SEC. 4007. MARIJUANA-IMPAIRED DRIVING.

       (a) Study.--The Secretary, in consultation with the heads 
     of other Federal agencies as appropriate, shall conduct a 
     study on marijuana-impaired driving.
       (b) Issues To Be Examined.--In conducting the study, the 
     Secretary shall examine, at a minimum, the following:
       (1) Methods to detect marijuana-impaired driving, including 
     devices capable of measuring marijuana levels in motor 
     vehicle operators.
       (2) A review of impairment standard research for driving 
     under the influence of marijuana.
       (3) Methods to differentiate the cause of a driving 
     impairment between alcohol and marijuana.
       (4) State-based policies on marijuana-impaired driving.
       (5) The role and extent of marijuana impairment in motor 
     vehicle accidents.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in cooperation with 
     other Federal agencies as appropriate, shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.
       (2) Contents.--The report shall include, at a minimum, the 
     following:
       (A) Findings.--The findings of the Secretary based on the 
     study, including, at a minimum, the following:
       (i) An assessment of methodologies and technologies for 
     measuring driver impairment resulting from the use of 
     marijuana, including the use of marijuana in combination with 
     alcohol.
       (ii) A description and assessment of the role of marijuana 
     as a causal factor in traffic crashes and the extent of the 
     problem of marijuana-impaired driving.
       (iii) A description and assessment of current State laws 
     relating to marijuana-impaired driving.
       (iv) A determination whether an impairment standard for 
     drivers under the influence of marijuana is feasible and 
     could reduce vehicle accidents and save lives.
       (B) Recommendations.--The recommendations of the Secretary 
     based on the study, including, at a minimum, the following:
       (i) Effective and efficient methods for training law 
     enforcement personnel, including drug recognition experts, to 
     detect or measure the level of impairment of a motor vehicle 
     operator who is under the influence of marijuana by the use 
     of technology or otherwise.

[[Page H7553]]

       (ii) If feasible, an impairment standard for driving under 
     the influence of marijuana.
       (iii) Methodologies for increased data collection regarding 
     the prevalence and effects of marijuana-impaired driving.
       (d) Marijuana Defined.--In this section, the term 
     ``marijuana'' includes all substances containing 
     tetrahydrocannabinol.

     SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT 
                   ELIGIBILITY.

       Not later than 60 days after the date on which the 
     Secretary of Transportation awards grants under section 405 
     of title 23, United States Code, the Secretary shall make 
     available on a publicly available Internet Web site of the 
     Department of Transportation--
       (1) an identification of--
       (A) the States that were awarded grants under such section;
       (B) the States that applied and were not awarded grants 
     under such section; and
       (C) the States that did not apply for a grant under such 
     section; and
       (2) a list of deficiencies that made a State ineligible for 
     a grant under such section for each State under paragraph 
     (1)(B).

     SEC. 4009. DATA COLLECTION.

       Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is 
     amended--
       (1) in subsection (a)(1)--
       (A) by striking ``(A) has enacted'' and all that follows 
     through ``(B) is maintaining'' and inserting ``is 
     maintaining''; and
       (B) by striking ``and any passengers'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Use of Grant Funds.--A grant received by a State 
     under subsection (a) shall be used by the State for the costs 
     of--
       ``(1) collecting and maintaining data on traffic stops; and
       ``(2) evaluating the results of the data.'';
       (3) by striking subsection (c) and redesignating 
     subsections (d) and (e) as subsections (c) and (d), 
     respectively;
       (4) in subsection (c)(2), as so redesignated, by striking 
     ``A State'' and inserting ``On or after October 1, 2015, a 
     State''; and
       (5) in subsection (d), as so redesignated--
       (A) in the subsection heading by striking ``Authorization 
     of Appropriations'' and inserting ``Funding'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) In general.--From funds made available under section 
     403 of title 23, United States Code, the Secretary shall set 
     aside $7,500,000 for each of the fiscal years 2016 through 
     2021 to carry out this section.''; and
       (C) in paragraph (2)--
       (i) by striking ``authorized by'' and inserting ``made 
     available under''; and
       (ii) by striking ``percent,'' and all that follows through 
     the period at the end and inserting ``percent.''.

     SEC. 4010. TECHNICAL CORRECTIONS.

       Title 23, United States Code, is amended as follows:
       (1) Section 402 is amended--
       (A) in subsection (b)(1)--
       (i) in subparagraph (C) by striking ``paragraph (3)'' and 
     inserting ``paragraph (2)''; and
       (ii) in subparagraph (E)--

       (I) by striking ``in which'' and inserting ``for which''; 
     and
       (II) by striking ``under subsection (f)'' and inserting 
     ``under subsection (k)''; and

       (B) in subsection (k)(5), as redesignated by this Act, by 
     striking ``under paragraph (2)(A)'' and inserting ``under 
     paragraph (3)(A)''.
       (2) Section 403(e) is amended by striking ``chapter 301'' 
     and inserting ``chapter 301 of title 49''.
       (3) Section 405 is amended--
       (A) in subsection (d)--
       (i) in paragraph (5) by striking ``under section 402(c)'' 
     and inserting ``under section 402''; and
       (ii) in paragraph (6)(C) by striking ``on the basis of the 
     apportionment formula set forth in section 402(c)'' and 
     inserting ``in proportion to the State's apportionment under 
     section 402 for fiscal year 2009''; and
       (B) in subsection (f)(4)(A)(iv)--
       (i) by striking ``such as the'' and inserting 
     ``including''; and
       (ii) by striking ``developed under subsection (g)''.

                     TITLE V--MOTOR CARRIER SAFETY

          Subtitle A--Motor Carrier Safety Grant Consolidation

     SEC. 5101. GRANTS TO STATES.

       (a) Motor Carrier Safety Assistance Program.--Section 31102 
     of title 49, United States Code, is amended to read as 
     follows:

     ``Sec. 31102. Motor carrier safety assistance program

       ``(a) In General.--The Secretary of Transportation shall 
     administer a motor carrier safety assistance program funded 
     under section 31104.
       ``(b) Goal.--The goal of the program is to ensure that the 
     Secretary, States, local governments, other political 
     jurisdictions, federally recognized Indian tribes, and other 
     persons work in partnership to establish programs to improve 
     motor carrier, commercial motor vehicle, and driver safety to 
     support a safe and efficient surface transportation system 
     by--
       ``(1) making targeted investments to promote safe 
     commercial motor vehicle transportation, including the 
     transportation of passengers and hazardous materials;
       ``(2) investing in activities likely to generate maximum 
     reductions in the number and severity of commercial motor 
     vehicle crashes and in fatalities resulting from such 
     crashes;
       ``(3) adopting and enforcing effective motor carrier, 
     commercial motor vehicle, and driver safety regulations and 
     practices consistent with Federal requirements; and
       ``(4) assessing and improving statewide performance by 
     setting program goals and meeting performance standards, 
     measures, and benchmarks.
       ``(c) State Plans.--
       ``(1) In general.--In carrying out the program, the 
     Secretary shall prescribe procedures for a State to submit a 
     multiple-year plan, and annual updates thereto, under which 
     the State agrees to assume responsibility for improving motor 
     carrier safety by adopting and enforcing State regulations, 
     standards, and orders that are compatible with the 
     regulations, standards, and orders of the Federal Government 
     on commercial motor vehicle safety and hazardous materials 
     transportation safety.
       ``(2) Contents.--The Secretary shall approve a State plan 
     if the Secretary determines that the plan is adequate to 
     comply with the requirements of this section, and the plan--
       ``(A) implements performance-based activities, including 
     deployment and maintenance of technology to enhance the 
     efficiency and effectiveness of commercial motor vehicle 
     safety programs;
       ``(B) designates a lead State commercial motor vehicle 
     safety agency responsible for administering the plan 
     throughout the State;
       ``(C) contains satisfactory assurances that the lead State 
     commercial motor vehicle safety agency has or will have the 
     legal authority, resources, and qualified personnel necessary 
     to enforce the regulations, standards, and orders;
       ``(D) contains satisfactory assurances that the State will 
     devote adequate resources to the administration of the plan 
     and enforcement of the regulations, standards, and orders;
       ``(E) provides a right of entry and inspection to carry out 
     the plan;
       ``(F) provides that all reports required under this section 
     be available to the Secretary on request;
       ``(G) provides that the lead State commercial motor vehicle 
     safety agency will adopt the reporting requirements and use 
     the forms for recordkeeping, inspections, and investigations 
     that the Secretary prescribes;
       ``(H) requires all registrants of commercial motor vehicles 
     to demonstrate knowledge of applicable safety regulations, 
     standards, and orders of the Federal Government and the 
     State;
       ``(I) provides that the State will grant maximum 
     reciprocity for inspections conducted under the North 
     American Inspection Standards through the use of a nationally 
     accepted system that allows ready identification of 
     previously inspected commercial motor vehicles;
       ``(J) ensures that activities described in subsection (h), 
     if financed through grants to the State made under this 
     section, will not diminish the effectiveness of the 
     development and implementation of the programs to improve 
     motor carrier, commercial motor vehicle, and driver safety as 
     described in subsection (b);
       ``(K) ensures that the lead State commercial motor vehicle 
     safety agency will coordinate the plan, data collection, and 
     information systems with the State highway safety improvement 
     program required under section 148(c) of title 23;
       ``(L) ensures participation in appropriate Federal Motor 
     Carrier Safety Administration information technology and data 
     systems and other information systems by all appropriate 
     jurisdictions receiving motor carrier safety assistance 
     program funding;
       ``(M) ensures that information is exchanged among the 
     States in a timely manner;
       ``(N) provides satisfactory assurances that the State will 
     undertake efforts that will emphasize and improve enforcement 
     of State and local traffic safety laws and regulations 
     related to commercial motor vehicle safety;
       ``(O) provides satisfactory assurances that the State will 
     address national priorities and performance goals, 
     including--
       ``(i) activities aimed at removing impaired commercial 
     motor vehicle drivers from the highways of the United States 
     through adequate enforcement of regulations on the use of 
     alcohol and controlled substances and by ensuring ready 
     roadside access to alcohol detection and measuring equipment;
       ``(ii) activities aimed at providing an appropriate level 
     of training to State motor carrier safety assistance program 
     officers and employees on recognizing drivers impaired by 
     alcohol or controlled substances; and
       ``(iii) when conducted with an appropriate commercial motor 
     vehicle inspection, criminal interdiction activities, and 
     appropriate strategies for carrying out those interdiction 
     activities, including interdiction activities that affect the 
     transportation of controlled substances (as defined in 
     section 102 of the Comprehensive Drug Abuse Prevention and 
     Control Act of 1970 (21 U.S.C. 802) and listed in part 1308 
     of title 21, Code of Federal Regulations, as updated and 
     republished from time to time) by any occupant of a 
     commercial motor vehicle;
       ``(P) provides that the State has established and dedicated 
     sufficient resources to a program to ensure that--
       ``(i) the State collects and reports to the Secretary 
     accurate, complete, and timely motor carrier safety data; and

[[Page H7554]]

       ``(ii) the State participates in a national motor carrier 
     safety data correction system prescribed by the Secretary;
       ``(Q) ensures that the State will cooperate in the 
     enforcement of financial responsibility requirements under 
     sections 13906, 31138, and 31139 and regulations issued under 
     those sections;
       ``(R) ensures consistent, effective, and reasonable 
     sanctions;
       ``(S) ensures that roadside inspections will be conducted 
     at locations that are adequate to protect the safety of 
     drivers and enforcement personnel;
       ``(T) provides that the State will include in the training 
     manuals for the licensing examination to drive noncommercial 
     motor vehicles and commercial motor vehicles information on 
     best practices for driving safely in the vicinity of 
     noncommercial and commercial motor vehicles;
       ``(U) provides that the State will enforce the registration 
     requirements of sections 13902 and 31134 by prohibiting the 
     operation of any vehicle discovered to be operated by a motor 
     carrier without a registration issued under those sections or 
     to be operated beyond the scope of the motor carrier's 
     registration;
       ``(V) provides that the State will conduct comprehensive 
     and highly visible traffic enforcement and commercial motor 
     vehicle safety inspection programs in high-risk locations and 
     corridors;
       ``(W) except in the case of an imminent hazard or obvious 
     safety hazard, ensures that an inspection of a vehicle 
     transporting passengers for a motor carrier of passengers is 
     conducted at a bus station, terminal, border crossing, 
     maintenance facility, destination, or other location where a 
     motor carrier may make a planned stop (excluding a weigh 
     station);
       ``(X) ensures that the State will transmit to its roadside 
     inspectors notice of each Federal exemption granted under 
     section 31315(b) of this title and sections 390.23 and 390.25 
     of title 49, Code of Federal Regulations, and provided to the 
     State by the Secretary, including the name of the person that 
     received the exemption and any terms and conditions that 
     apply to the exemption;
       ``(Y) except as provided in subsection (d), provides that 
     the State--
       ``(i) will conduct safety audits of interstate and, at the 
     State's discretion, intrastate new entrant motor carriers 
     under section 31144(g); and
       ``(ii) if the State authorizes a third party to conduct 
     safety audits under section 31144(g) on its behalf, the State 
     verifies the quality of the work conducted and remains solely 
     responsible for the management and oversight of the 
     activities;
       ``(Z) provides that the State agrees to fully participate 
     in the performance and registration information systems 
     management under section 31106(b) not later than October 1, 
     2020, by complying with the conditions for participation 
     under paragraph (3) of that section, or demonstrates to the 
     Secretary an alternative approach for identifying and 
     immobilizing a motor carrier with serious safety deficiencies 
     in a manner that provides an equivalent level of safety;
       ``(AA) in the case of a State that shares a land border 
     with another country, provides that the State--
       ``(i) will conduct a border commercial motor vehicle safety 
     program focusing on international commerce that includes 
     enforcement and related projects; or
       ``(ii) will forfeit all funds calculated by the Secretary 
     based on border-related activities if the State declines to 
     conduct the program described in clause (i) in its plan; and
       ``(BB) in the case of a State that meets the other 
     requirements of this section and agrees to comply with the 
     requirements established in subsection (l)(3), provides that 
     the State may fund operation and maintenance costs associated 
     with innovative technology deployment under subsection (l)(3) 
     with motor carrier safety assistance program funds authorized 
     under section 31104(a)(1).
       ``(3) Publication.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall publish each approved State multiple-year 
     plan, and each annual update thereto, on a publically 
     accessible Internet Web site of the Department of 
     Transportation not later than 30 days after the date the 
     Secretary approves the plan or update.
       ``(B) Limitation.--Before publishing an approved State 
     multiple-year plan or annual update under subparagraph (A), 
     the Secretary shall redact any information identified by the 
     State that, if disclosed--
       ``(i) would reasonably be expected to interfere with 
     enforcement proceedings; or
       ``(ii) would reveal enforcement techniques or procedures 
     that would reasonably be expected to risk circumvention of 
     the law.
       ``(d) Exclusion of U.S. Territories.--The requirement that 
     a State conduct safety audits of new entrant motor carriers 
     under subsection (c)(2)(Y) does not apply to a territory of 
     the United States unless required by the Secretary.
       ``(e) Intrastate Compatibility.--The Secretary shall 
     prescribe regulations specifying tolerance guidelines and 
     standards for ensuring compatibility of intrastate commercial 
     motor vehicle safety laws, including regulations, with 
     Federal motor carrier safety regulations to be enforced under 
     subsections (b) and (c). To the extent practicable, the 
     guidelines and standards shall allow for maximum flexibility 
     while ensuring a degree of uniformity that will not diminish 
     motor vehicle safety.
       ``(f) Maintenance of Effort.--
       ``(1) Baseline.--Except as provided under paragraphs (2) 
     and (3) and in accordance with section 5106 of the Surface 
     Transportation Reauthorization and Reform 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 that is at 
     least equal to--
       ``(A) the average level of that expenditure for fiscal 
     years 2004 and 2005; or
       ``(B) the level of that expenditure for the year in which 
     the Secretary implements a new allocation formula under 
     section 5106 of the Surface Transportation Reauthorization 
     and Reform 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 5106 of the Surface 
     Transportation Reauthorization and Reform 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 a 
     total of 1 fiscal year if the Secretary determines that the 
     waiver or modification is reasonable, based on circumstances 
     described by the State, to ensure the continuation of 
     commercial motor vehicle enforcement activities in the State.
       ``(4) Level of state expenditures.--In estimating the 
     average level of a State's expenditures under paragraph (1), 
     the Secretary--
       ``(A) may allow the State to exclude State expenditures for 
     federally sponsored demonstration and pilot programs and 
     strike forces;
       ``(B) may allow the State to exclude expenditures for 
     activities related to border enforcement and new entrant 
     safety audits; and
       ``(C) shall require the State to exclude State matching 
     amounts used to receive Federal financing under section 
     31104.
       ``(g) Use of Unified Carrier Registration Fees Agreement.--
     Amounts generated under section 14504a and received by a 
     State and used for motor carrier safety purposes may be 
     included as part of the State's match required under section 
     31104 or maintenance of effort required by subsection (f).
       ``(h) Use of Grants To Enforce Other Laws.--When approved 
     as part of a State's plan under subsection (c), the State may 
     use motor carrier safety assistance program funds received 
     under this section--
       ``(1) if the activities are carried out in conjunction with 
     an appropriate inspection of a commercial motor vehicle to 
     enforce Federal or State commercial motor vehicle safety 
     regulations, for--
       ``(A) enforcement of commercial motor vehicle size and 
     weight limitations at locations, excluding fixed-weight 
     facilities, such as near steep grades or mountainous 
     terrains, where the weight of a commercial motor vehicle can 
     significantly affect the safe operation of the vehicle, or at 
     ports where intermodal shipping containers enter and leave 
     the United States; and
       ``(B) detection of and enforcement actions taken as a 
     result of criminal activity, including the trafficking of 
     human beings, in a commercial motor vehicle or by any 
     occupant, including the operator, of the commercial motor 
     vehicle; and
       ``(2) for documented enforcement of State traffic laws and 
     regulations designed to promote the safe operation of 
     commercial motor vehicles, including documented enforcement 
     of such laws and regulations relating to noncommercial motor 
     vehicles when necessary to promote the safe operation of 
     commercial motor vehicles, if--
       ``(A) the number of motor carrier safety activities, 
     including roadside safety inspections, conducted in the State 
     is maintained at a level at least equal to the average level 
     of such activities conducted in the State in fiscal years 
     2004 and 2005; and
       ``(B) the State does not use more than 10 percent of the 
     basic amount the State receives under a grant awarded under 
     section 31104(a)(1) for enforcement activities relating to 
     noncommercial motor vehicles necessary to promote the safe 
     operation of commercial motor vehicles unless the Secretary 
     determines that a higher percentage will result in 
     significant increases in commercial motor vehicle safety.
       ``(i) Evaluation of Plans and Award of Grants.--
       ``(1) Awards.--The Secretary shall establish criteria for 
     the application, evaluation, and approval of State plans 
     under this section. Subject to subsection (j), the Secretary 
     may allocate the amounts made available under section 
     31104(a)(1) among the States.
       ``(2) Opportunity to cure.--If the Secretary disapproves a 
     plan under this section, the Secretary shall give the State a 
     written explanation of the reasons for disapproval and allow 
     the State to modify and resubmit the plan for approval.
       ``(j) Allocation of Funds.--
       ``(1) In general.--The Secretary, by regulation, shall 
     prescribe allocation criteria for funds made available under 
     section 31104(a)(1).
       ``(2) Annual allocations.--On October 1 of each fiscal 
     year, or as soon as practicable

[[Page H7555]]

     thereafter, and after making a deduction under section 
     31104(c), the Secretary shall allocate amounts made available 
     under section 31104(a)(1) to carry out this section for the 
     fiscal year among the States with plans approved under this 
     section in accordance with the criteria prescribed under 
     paragraph (1).
       ``(3) Elective adjustments.--Subject to the availability of 
     funding and notwithstanding fluctuations in the data elements 
     used by the Secretary to calculate the annual allocation 
     amounts, after the creation of a new allocation formula under 
     section 5106 of the Surface Transportation Reauthorization 
     and Reform 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 a State plan 
     approved under this section and an investigation by the 
     Secretary, the Secretary shall periodically evaluate State 
     implementation of and compliance with the State plan.
       ``(2) Withholding of funds.--
       ``(A) Disapproval.--If, after notice and an opportunity to 
     be heard, the Secretary finds that a State plan previously 
     approved under this section is not being followed or has 
     become inadequate to ensure enforcement of State regulations, 
     standards, or orders described in subsection (c)(1), or the 
     State is otherwise not in compliance with the requirements of 
     this section, the Secretary may withdraw approval of the 
     State plan and notify the State. Upon the receipt of such 
     notice, the State plan shall no longer be in effect and the 
     Secretary shall withhold all funding to the State under this 
     section.
       ``(B) Noncompliance withholding.--In lieu of withdrawing 
     approval of a State plan under subparagraph (A), the 
     Secretary may, after providing notice to the State and an 
     opportunity to be heard, withhold funding from the State to 
     which the State would otherwise be entitled under this 
     section for the period of the State's noncompliance. In 
     exercising this option, the Secretary may withhold--
       ``(i) up to 5 percent of funds during the fiscal year that 
     the Secretary notifies the State of its noncompliance;
       ``(ii) up to 10 percent of funds for the first full fiscal 
     year of noncompliance;
       ``(iii) up to 25 percent of funds for the second full 
     fiscal year of noncompliance; and
       ``(iv) not more than 50 percent of funds for the third and 
     any subsequent full fiscal year of noncompliance.
       ``(3) Judicial review.--A State adversely affected by a 
     determination under paragraph (2) may seek judicial review 
     under chapter 7 of title 5. Notwithstanding the disapproval 
     of a State plan under paragraph (2)(A) or the withholding of 
     funds under paragraph (2)(B), the State may retain 
     jurisdiction in an administrative or a judicial proceeding 
     that commenced before the notice of disapproval or 
     withholding if the issues involved are not related directly 
     to the reasons for the disapproval or withholding.
       ``(l) High Priority Program.--
       ``(1) In general.--The Secretary shall administer a high 
     priority program funded under section 31104 for the purposes 
     described in paragraphs (2) and (3).
       ``(2) Activities related to motor carrier safety.--The 
     Secretary may make discretionary grants to and enter into 
     cooperative agreements with States, local governments, 
     federally recognized Indian tribes, other political 
     jurisdictions as necessary, and any person to carry out high 
     priority activities and projects that augment motor carrier 
     safety activities and projects planned in accordance with 
     subsections (b) and (c), including activities and projects 
     that--
       ``(A) increase public awareness and education on commercial 
     motor vehicle safety;
       ``(B) target unsafe driving of commercial motor vehicles 
     and noncommercial motor vehicles in areas identified as high 
     risk crash corridors;
       ``(C) improve the safe and secure movement of hazardous 
     materials;
       ``(D) improve safe transportation of goods and persons in 
     foreign commerce;
       ``(E) demonstrate new technologies to improve commercial 
     motor vehicle safety;
       ``(F) support participation in performance and registration 
     information systems management under section 31106(b)--
       ``(i) for entities not responsible for submitting the plan 
     under subsection (c); or
       ``(ii) for entities responsible for submitting the plan 
     under subsection (c)--

       ``(I) before October 1, 2020, to achieve compliance with 
     the requirements of participation; and
       ``(II) beginning on October 1, 2020, or once compliance is 
     achieved, whichever is sooner, for special initiatives or 
     projects that exceed routine operations required for 
     participation;

       ``(G) conduct safety data improvement projects--
       ``(i) that complete or exceed the requirements under 
     subsection (c)(2)(P) for entities not responsible for 
     submitting the plan under subsection (c); or
       ``(ii) that exceed the requirements under subsection 
     (c)(2)(P) for entities responsible for submitting the plan 
     under subsection (c); and
       ``(H) otherwise improve commercial motor vehicle safety and 
     compliance with commercial motor vehicle safety regulations.
       ``(3) Innovative technology deployment grant program.--
       ``(A) In general.--The Secretary shall establish an 
     innovative technology deployment grant program to make 
     discretionary grants 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 motor 
     vehicle regulatory requirements.

       ``(C) Eligibility.--To be eligible for a grant under this 
     paragraph, a State shall--
       ``(i) have a commercial motor vehicle information systems 
     and networks program plan approved by the Secretary that 
     describes the various systems and networks at the State level 
     that need to be refined, revised, upgraded, or built to 
     accomplish deployment of commercial motor vehicle information 
     systems and networks capabilities;
       ``(ii) certify to the Secretary that its commercial motor 
     vehicle information systems and networks deployment 
     activities, including hardware procurement, software and 
     system development, and infrastructure modifications--

       ``(I) are consistent with the national intelligent 
     transportation systems and commercial motor vehicle 
     information systems and networks architectures and available 
     standards; and
       ``(II) promote interoperability and efficiency to the 
     extent practicable; and

       ``(iii) agree to execute interoperability tests developed 
     by the Federal Motor Carrier Safety Administration to verify 
     that its systems conform with the national intelligent 
     transportation systems architecture, applicable standards, 
     and protocols for commercial motor vehicle information 
     systems and networks.
       ``(D) Use of funds.--Grant funds received under this 
     paragraph may be used--
       ``(i) for deployment activities and activities to develop 
     new and innovative advanced technology solutions that support 
     commercial motor vehicle information systems and networks;
       ``(ii) for planning activities, including the development 
     or updating of program or top level design plans in order to 
     become eligible or maintain eligibility under subparagraph 
     (C); and
       ``(iii) for the operation and maintenance costs associated 
     with innovative technology.
       ``(E) Secretary authorization.--The Secretary is authorized 
     to award a State funding for the operation and maintenance 
     costs associated with innovative technology deployment with 
     funds made available under sections 31104(a)(1) and 
     31104(a)(2).''.
       (b) Commercial Motor Vehicle Operators Grant Program.--
     Section 31103 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 31103. Commercial motor vehicle operators grant 
       program

       ``(a) In General.--The Secretary shall administer a 
     commercial motor vehicle operators grant program funded under 
     section 31104.
       ``(b) Purpose.--The purpose of the grant program is to 
     train individuals in the safe operation of commercial motor 
     vehicles (as defined in section 31301).
       ``(c) Veterans.--In administering grants under this 
     section, the Secretary shall award priority to grant 
     applications for programs to train former members of the 
     armed forces (as defined in section 101 of title 10) in the 
     safe operation of such vehicles.''.
       (c) Authorization of Appropriations.--Section 31104 of 
     title 49, United States Code, as amended by this Act, is 
     further amended on the effective date set forth in subsection 
     (f) to read as follows:

     ``Sec. 31104. Authorization of appropriations

       ``(a) Financial Assistance Programs.--The following sums 
     are authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account):
       ``(1) Motor carrier safety assistance program.--Subject to 
     paragraph (2) and subsection (c), to carry out section 
     31102--
       ``(A) $278,242,684 for fiscal year 2017;
       ``(B) $293,685,550 for fiscal year 2018;
       ``(C) $308,351,227 for fiscal year 2019;
       ``(D) $323,798,553 for fiscal year 2020; and
       ``(E) $339,244,023 for fiscal year 2021.
  

       ``(2) High priority activities program.--Subject to 
     subsection (c), to make grants and cooperative agreements 
     under section 31102(l), the Secretary may set aside from 
     amounts made available under paragraph (1) up to--
       ``(A) $40,798,780 for fiscal year 2017;
       ``(B) $41,684,114 for fiscal year 2018;
       ``(C) $42,442,764 for fiscal year 2019;
       ``(D) $43,325,574 for fiscal year 2020; and
       ``(E) $44,209,416 for fiscal year 2021.

[[Page H7556]]

       ``(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 
     program.--Subject to subsection (c), to carry out section 
     31313--
       ``(A) $30,958,536 for fiscal year 2017;
       ``(B) $31,630,336 for fiscal year 2018;
       ``(C) $32,206,008 for fiscal year 2019;
       ``(D) $32,875,893 for fiscal year 2020; and
       ``(E) $33,546,562 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 such sections. The Secretary shall pay the 
     recipient an amount not more than the Federal Government 
     share of the total costs approved by the Federal Government 
     in the financial assistance agreement. The Secretary shall 
     include a recipient's in-kind contributions in determining 
     the reimbursement.
       ``(3) Vouchers.--Each recipient shall submit vouchers at 
     least quarterly for costs the recipient incurs in developing 
     and implementing programs under sections 31102, 31103, and 
     31313.
       ``(c) Deductions for Partner Training and Program 
     Support.--On October 1 of each fiscal year, or as soon after 
     that date as practicable, the Secretary may deduct from 
     amounts made available under paragraphs (1), (2), and (4) of 
     subsection (a) for that fiscal year not more than 1.50 
     percent of those amounts for partner training and program 
     support in that fiscal year. The Secretary shall use at least 
     75 percent of those deducted amounts to train non-Federal 
     Government employees and to develop related training 
     materials in carrying out such programs.
       ``(d) Grants and Cooperative Agreements as Contractual 
     Obligations.--The approval of a financial assistance 
     agreement by the Secretary under section 31102, 31103, or 
     31313 is a contractual obligation of the Federal Government 
     for payment of the Federal Government's share of costs in 
     carrying out the provisions of the grant or cooperative 
     agreement.
       ``(e) Eligible Activities.--The Secretary shall establish 
     criteria for eligible activities to be funded with financial 
     assistance agreements under this section and publish those 
     criteria in a notice of funding availability before the 
     financial assistance program application period.
       ``(f) Period of Availability of Financial Assistance 
     Agreement Funds for Recipient Expenditures.--The period of 
     availability for a recipient to expend funds under a grant or 
     cooperative agreement authorized under subsection (a) is as 
     follows:
       ``(1) For grants made for carrying out section 31102, other 
     than section 31102(l), for the fiscal year in which the 
     Secretary approves the financial assistance agreement and for 
     the next fiscal year.
       ``(2) For grants made or cooperative agreements entered 
     into for carrying out section 31102(l)(2), for the fiscal 
     year in which the Secretary approves the financial assistance 
     agreement and for the next 2 fiscal years.
       ``(3) For grants made for carrying out section 31102(l)(3), 
     for the fiscal year in which the Secretary approves the 
     financial assistance agreement and for the next 4 fiscal 
     years.
       ``(4) For grants made for carrying out section 31103, for 
     the fiscal year in which the Secretary approves the financial 
     assistance agreement and for the next fiscal year.
       ``(5) For grants made or cooperative agreements entered 
     into for carrying out section 31313, for the fiscal year in 
     which the Secretary approves the financial assistance 
     agreement and for the next 4 fiscal years.
       ``(g) Contract Authority; Initial Date of Availability.--
     Amounts authorized from the Highway Trust Fund (other than 
     the Mass Transit Account) by this section shall be available 
     for obligation on the date of their apportionment or 
     allocation or on October 1 of the fiscal year for which they 
     are authorized, whichever occurs first.
       ``(h) Availability of Funding.--Amounts made available 
     under this section shall remain available until expended.''.
       (d) Clerical Amendment.--The analysis for chapter 311 of 
     title 49, United States Code, is amended by striking the 
     items relating to sections 31102, 31103, and 31104 and 
     inserting the following:

``31102. Motor carrier safety assistance program.
``31103. Commercial motor vehicle operators grant program.
``31104. Authorization of appropriations.''.

       (e) Conforming Amendments.--
       (1) Safety fitness of owners and operator; safety reviews 
     of new operators.--Section 31144(g) of title 49, United 
     States Code, is amended by striking paragraph (5).
       (2) Information systems; performance and registration 
     information program.--Section 31106(b) of title 49, United 
     States Code, is amended by striking paragraph (4).
       (3) Border enforcement grants.--Section 31107 of title 49, 
     United States Code, and the item relating to that section in 
     the analysis for chapter 311 of that title, are repealed.
       (4) Performance and registration information system 
     management.--Section 31109 of title 49, United States Code, 
     and the item relating to that section in the analysis for 
     chapter 311 of that title, are repealed.
       (5) Commercial vehicle information systems and networks 
     deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 
     note), and the item relating to that section in the table of 
     contents contained in section 1(b) of that Act, are repealed.
       (6) Safety data improvement program.--Section 4128 of 
     SAFETEA-LU (49 U.S.C. 31100 note), and the item relating to 
     that section in the table of contents contained in section 
     1(b) of that Act, are repealed.
       (7) Grant program for commercial motor vehicle operators.--
     Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the 
     item relating to that section in the table of contents 
     contained in section 1(b) of that Act, are repealed.
       (8) Maintenance of effort as condition on grants to 
     states.--Section 103(c) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
       (9) State compliance with cdl requirements.--Section 103(e) 
     of the Motor Carrier Safety Improvement Act of 1999 (49 
     U.S.C. 31102 note) is repealed.
       (10) Border staffing standards.--Section 218(d) of the 
     Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 
     note) is amended--
       (A) in paragraph (1) by striking ``section 31104(f)(2)(B) 
     of title 49, United States Code'' and inserting ``section 
     31104(a)(1) of title 49, United States Code''; and
       (B) by striking paragraph (3).
       (f) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2016.
       (g) Transition.--Notwithstanding the amendments made by 
     this section, the Secretary shall carry out sections 31102, 
     31103, 31104 of title 49, United States Code, and any 
     sections repealed under subsection (e), as necessary, as 
     those sections were in effect on the day before October 1, 
     2016, with respect to applications for grants, cooperative 
     agreements, or contracts under those sections submitted 
     before October 1, 2016.

     SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS 
                   MANAGEMENT.

       Section 31106(b) of title 49, United States Code, is 
     amended in the subheading by striking ``Program'' and 
     inserting ``Systems Management''.

     SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subchapter I of chapter 311 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 31110. Authorization of appropriations

       ``(a) Administrative Expenses.--There is authorized to be 
     appropriated from the Highway Trust Fund (other than the Mass 
     Transit Account) for the Secretary of Transportation to pay 
     administrative expenses of the Federal Motor Carrier Safety 
     Administration--
       ``(1) $259,000,000 for fiscal year 2016;
       ``(2) $259,000,000 for fiscal year 2017;
       ``(3) $259,000,000 for fiscal year 2018;
       ``(4) $259,000,000 for fiscal year 2019;
       ``(5) $259,000,000 for fiscal year 2020; and
       ``(6) $259,000,000 for fiscal year 2021.
       ``(b) Use of Funds.--The funds authorized by this section 
     shall be used for--
       ``(1) personnel costs;
       ``(2) administrative infrastructure;
       ``(3) rent;
       ``(4) information technology;
       ``(5) programs for research and technology, information 
     management, regulatory development, and the administration of 
     performance and registration information systems management 
     under section 31106(b);
       ``(6) programs for outreach and education under subsection 
     (c);
       ``(7) other operating expenses;
       ``(8) conducting safety reviews of new operators; and
       ``(9) such other expenses as may from time to time become 
     necessary to implement statutory mandates of the Federal 
     Motor Carrier Safety Administration not funded from other 
     sources.
       ``(c) Outreach and Education Program.--
       ``(1) In general.--The Secretary may conduct, through any 
     combination of grants, contracts, cooperative agreements, and 
     other activities, an internal and external outreach and 
     education program to be administered by the Administrator of 
     the Federal Motor Carrier Safety Administration.
       ``(2) Federal share.--The Federal share of an outreach and 
     education project for which a grant, contract, or cooperative 
     agreement is made under this subsection may be up to 100 
     percent of the cost of the project.
       ``(3) Funding.--From amounts made available under 
     subsection (a), the Secretary shall make available not more 
     than $4,000,000 each fiscal year.
       ``(d) Contract Authority; Initial Date of Availability.--
     Amounts authorized from the Highway Trust Fund (other than 
     the Mass Transit Account) by this section shall be available 
     for obligation on the date of their apportionment or 
     allocation or on October 1 of the fiscal year for which they 
     are authorized, whichever occurs first.
       ``(e) Funding Availability.--Amounts made available under 
     this section shall remain available until expended.

[[Page H7557]]

       ``(f) Contractual Obligation.--The approval of funds by the 
     Secretary under this section is a contractual obligation of 
     the Federal Government for payment of the Federal 
     Government's share of costs.''.
       (b) Clerical Amendment.--The analysis for chapter 311 of 
     title 49, United States Code, is amended by adding at the end 
     of the items relating to subchapter I the following:

``31110. Authorization of appropriations.''.

       (c) Conforming Amendments.--
       (1) Administrative expenses; authorization of 
     appropriations.--Section 31104 of title 49, United States 
     Code, is amended--
       (A) by striking subsection (i); and
       (B) by redesignating subsections (j) and (k) as subsections 
     (i) and (j), respectively.
       (2) Use of amounts made available under subsection (i).--
     Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is 
     amended by striking ``section 31104(i)'' and inserting 
     ``section 31110''.
       (3) Internal cooperation.--Section 31161 of title 49, 
     United States Code, is amended by striking ``section 
     31104(i)'' and inserting ``section 31110''.
       (4) SAFETEA-LU; outreach and education.--Section 4127 of 
     SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item 
     relating to that section in the table of contents contained 
     in section 1(b) of that Act, are repealed.

     SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM 
                   IMPLEMENTATION.

       (a) In General.--Section 31313 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 31313. Commercial driver's license program 
       implementation financial assistance program

       ``(a) 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.--In carrying out the program, the 
     Secretary may make a grant to a State agency in a fiscal 
     year--
       ``(A) to assist the State in complying with the 
     requirements of section 31311;
       ``(B) in the case of a State that is making a good faith 
     effort toward substantial compliance with the requirements of 
     section 31311, to improve the State's implementation of its 
     commercial driver's license program, including expenses--
       ``(i) for computer hardware and software;
       ``(ii) for publications, testing, personnel, training, and 
     quality control;
       ``(iii) for commercial driver's license program 
     coordinators; and
       ``(iv) to implement or maintain a system to notify an 
     employer of an operator of a commercial motor vehicle of the 
     suspension or revocation of the operator's commercial 
     driver's license consistent with the standards developed 
     under section 32303(b) of the Commercial Motor Vehicle Safety 
     Enhancement Act of 2012 (49 U.S.C. 31304 note).
       ``(2) Priority activities.--The Secretary may make a grant 
     to or enter into a cooperative agreement with a State agency, 
     local government, or any person in a fiscal year for 
     research, development and testing, demonstration projects, 
     public education, and other special activities and projects 
     relating to commercial drivers licensing and motor vehicle 
     safety that--
       ``(A) benefit all jurisdictions of the United States;
       ``(B) address national safety concerns and circumstances;
       ``(C) address emerging issues relating to commercial 
     driver's license improvements;
       ``(D) support innovative ideas and solutions to commercial 
     driver's license program issues; or
       ``(E) address other commercial driver's license issues, as 
     determined by the Secretary.
       ``(b) Prohibitions.--A recipient may not use financial 
     assistance funds awarded under this section to rent, lease, 
     or buy land or buildings.
       ``(c) Report.--The Secretary shall issue an annual report 
     on the activities carried out under this section.
       ``(d) Apportionment.--All amounts made available to carry 
     out this section for a fiscal year shall be apportioned to a 
     recipient described in subsection (a)(2) according to 
     criteria prescribed by the Secretary.
       ``(e) Funding.--For fiscal years beginning after September 
     30, 2016, this section shall be funded under section 
     31104.''.
       (b) Clerical Amendment.--The analysis for chapter 313 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 31313 and inserting the following:

``31313. Commercial driver's license program implementation financial 
              assistance program.''.

     SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS 
                   FOR FISCAL YEAR 2016.

       (a) Motor Carrier Safety Assistance Program Grant 
     Extension.--Section 31104(a) of title 49, United States Code, 
     is amended by striking paragraphs (10) and (11) and inserting 
     the following:
       ``(10) $218,000,000 for fiscal year 2015; and
       ``(11) $241,480,000 for fiscal year 2016.''.
       (b) Extension of Grant Programs.--Section 4101(c) of 
     SAFETEA-LU (119 Stat. 1715; Public Law 109-59) is amended to 
     read as follows:
       ``(c) Authorization of Appropriations.--The following sums 
     are authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account):
       ``(1) Commercial driver's license program improvement 
     grants.--For carrying out the commercial driver's license 
     program improvement grants program under section 31313 of 
     title 49, United States Code, $30,480,000 for fiscal year 
     2016.
       ``(2) Border enforcement grants.--For border enforcement 
     grants under section 31107 of that title $32,512,000 for 
     fiscal year 2016.
       ``(3) Performance and registration information systems 
     management grant program.--For the performance and 
     registration information systems management grant program 
     under section 31109 of that title $5,080,000 for fiscal year 
     2016.
       ``(4) Commercial vehicle information systems and networks 
     deployment.--For carrying out the commercial vehicle 
     information systems and networks deployment program under 
     section 4126 of this Act $25,400,000 for fiscal year 2016.
       ``(5) Safety data improvement grants.--For safety data 
     improvement grants under section 4128 of this Act $3,048,000 
     for fiscal year 2016.''.
       (c) High-Priority Activities.--Section 31104(j)(2) of title 
     49, United States Code, as redesignated by this subtitle, is 
     amended by striking ``2015'' the first place it appears and 
     inserting ``2016''.
       (d) New Entrant Audits.--Section 31144(g)(5)(B) of title 
     49, United States Code, is amended to read as follows:
       ``(B) Set aside.--The Secretary shall set aside from 
     amounts made available under section 31104(a) up to 
     $32,000,000 for fiscal year 2016 for audits of new entrant 
     motor carriers conducted under this paragraph.''.
       (e) Grant Program for Commercial Motor Vehicle Operators.--
     Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is 
     amended to read as follows:
       ``(c) Funding.--From amounts made available under section 
     31110 of title 49, United States Code, the Secretary shall 
     make available, $1,000,000 for fiscal year 2016 to carry out 
     this section.''.
       (f) Commercial Vehicle Information Systems and Networks 
     Deployment.--
       (1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C. 
     31106 note; 119 Stat. 1738; Public Law 109-59) is amended--
       (A) in subsection (c)--
       (i) in paragraph (2) by adding at the end the following: 
     ``Funds deobligated by the Secretary from previous year 
     grants shall not be counted toward the $2,500,000 maximum 
     aggregate amount for core deployment.''; and
       (ii) in paragraph (3) by adding at the end the following: 
     ``Funds may also be used for planning activities, including 
     the development or updating of program or top level design 
     plans.''; and
       (B) in subsection (d)(4) by adding at the end the 
     following: ``Funds may also be used for planning activities, 
     including the development or updating of program or top level 
     design plans.''.
       (2) Innovative technology deployment program.--For fiscal 
     year 2016, the commercial vehicle information systems and 
     networks deployment program under section 4126 of SAFETEA-LU 
     (119 Stat. 1738; Public Law 109-59) may also be referred to 
     as the innovative technology deployment program.

     SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 
                   ALLOCATION.

       (a) Working Group.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     motor carrier safety assistance program formula working group 
     (in this section referred to as the ``working group'').
       (2) Membership.--
       (A) In general.--Subject to subparagraph (B), the working 
     group shall consist of representatives of the following:
       (i) The Federal Motor Carrier Safety Administration.
       (ii) The lead State commercial motor vehicle safety 
     agencies responsible for administering the plan required by 
     section 31102 of title 49, United States Code.
       (iii) An organization representing State agencies 
     responsible for enforcing a program for inspection of 
     commercial motor vehicles.
       (iv) Such other persons as the Secretary considers 
     necessary.
       (B) Composition.--Representatives of State commercial motor 
     vehicle safety agencies shall comprise at least 51 percent of 
     the membership.
       (3) New allocation formula.--The working group shall 
     analyze requirements and factors for the establishment of a 
     new allocation formula for the motor carrier assistance 
     program under section 31102 of title 49, United States Code.
       (4) Recommendation.--Not later than 1 year after the date 
     the working group is established under paragraph (1), the 
     working group shall make a recommendation to the Secretary 
     regarding a new allocation formula for the motor carrier 
     assistance program.
       (5) Exemption.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the working group established 
     under this subsection.
       (6) Publication.--The Administrator of the Federal Motor 
     Carrier Safety Administration shall publish on a publicly 
     accessible Internet Web site of the Federal Motor Carrier 
     Safety Administration--
       (A) summaries of the meetings of the working group; and

[[Page H7558]]

       (B) the final recommendation of the working group provided 
     to the Secretary.
       (b) Notice of Proposed Rulemaking.--After receiving the 
     recommendation of the working group under subsection (a)(4), 
     the Secretary shall publish in the Federal Register a notice 
     seeking public comment on the establishment of a new 
     allocation formula for the motor carrier safety assistance 
     program.
       (c) Basis for Formula.--The Secretary shall ensure that the 
     new allocation formula for the motor carrier assistance 
     program is based on factors that reflect, at a minimum--
       (1) the relative needs of the States to comply with section 
     31102 of title 49, United States Code;
       (2) the relative administrative capacities of and 
     challenges faced by States in complying with that section;
       (3) the average of each State's new entrant motor carrier 
     inventory for the 3-year period prior to the date of 
     enactment of this Act;
       (4) the number of international border inspection 
     facilities and border crossings by commercial vehicles in 
     each State; and
       (5) any other factors the Secretary considers appropriate.
       (d) Funding Amounts Prior to Development of New Allocation 
     Formula.--
       (1) Interim formula.--Prior to the development of the new 
     allocation formula for the motor carrier assistance program, 
     the Secretary may calculate the interim funding amounts for 
     that program in fiscal year 2017 (and later fiscal years, as 
     necessary) under section 31104(a)(1) of title 49, United 
     States Code, as amended by this subtitle, by using the 
     following methodology:
       (A) The Secretary shall calculate the funding amount to a 
     State using the allocation formula the Secretary used to 
     award motor carrier safety assistance program funding in 
     fiscal year 2016 under section 31102 of title 49, United 
     States Code.
       (B) The Secretary shall average the funding awarded or 
     other equitable amounts to a State in fiscal years 2013, 
     2014, and 2015 for--
       (i) border enforcement grants under section 31107 of title 
     49, United States Code; and
       (ii) new entrant audit grants under section 31144(g)(5) of 
     that title.
       (C) The Secretary shall add the amounts calculated in 
     subparagraphs (A) and (B).
       (2) Adjustments.--Subject to the availability of funding 
     and notwithstanding fluctuations in the data elements used by 
     the Secretary, the initial amounts resulting from the 
     calculation described in paragraph (1) shall be adjusted to 
     ensure that, for each State, the amount shall not be less 
     than 97 percent of the average amount of funding received or 
     other equitable amounts in fiscal years 2013, 2014, and 2015 
     for--
       (A) motor carrier safety assistance program funds awarded 
     to the State under section 31102 of title 49, United States 
     Code;
       (B) border enforcement grants awarded to the State under 
     section 31107 of title 49, United States Code; and
       (C) new entrant audit grants awarded to the State under 
     section 31144(g)(5) of title 49, United States Code.
       (3) Immediate relief.--In developing the new allocation 
     formula, the Secretary shall terminate the withholding of 
     motor carrier assistance program funds from a State for at 
     least 3 fiscal years if the State was subject to the 
     withholding of such funds for matters of noncompliance 
     immediately prior to the date of enactment of this Act.
       (4) Future withholdings.--Beginning on the date that the 
     new allocation formula for the motor carrier assistance 
     program is implemented, the Secretary shall impose all future 
     withholdings in accordance with section 31102(k) of title 49, 
     United States Code, as amended by this subtitle.
       (e) Termination of Working Group.--The working group 
     established under subsection (a) shall terminate on the date 
     of the implementation of a new allocation formula for the 
     motor carrier safety assistance program.

     SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.

       (a) Before New Allocation Formula.--
       (1) Fiscal year 2017.--If a new allocation formula for the 
     motor carrier safety assistance program has not been 
     established under this subtitle for fiscal year 2017, the 
     Secretary shall calculate for fiscal year 2017 the 
     maintenance of effort baseline required under section 
     31102(f) of title 49, United States Code, as amended by this 
     subtitle, by averaging the expenditures for fiscal years 2004 
     and 2005 required by section 31102(b)(4) of title 49, United 
     States Code, as that section was in effect on the day before 
     the date of enactment of this Act.
       (2) Subsequent fiscal years.--The Secretary may use the 
     methodology for calculating the maintenance of effort 
     baseline specified in paragraph (1) for fiscal year 2018 and 
     subsequent fiscal years if a new allocation formula for the 
     motor carrier safety assistance program has not been 
     established for that fiscal year.
       (b) Beginning With New Allocation Formation.--
       (1) In general.--Subject to paragraphs (2) and (3)(B), 
     beginning on the date that a new allocation formula for the 
     motor carrier safety assistance program is established under 
     this subtitle, upon the request of a State, the Secretary may 
     waive or modify the baseline maintenance of effort required 
     of the State by section 31102(e) of title 49, United States 
     Code, as amended by this subtitle, for the purpose of 
     establishing a new baseline maintenance of effort if the 
     Secretary determines that a waiver or modification--
       (A) is equitable due to reasonable circumstances;
       (B) will ensure the continuation of commercial motor 
     vehicle enforcement activities in the State; and
       (C) is necessary to ensure that the total amount of State 
     maintenance of effort and matching expenditures required 
     under sections 31102 and 31104 of title 49, United States 
     Code, as amended by this subtitle, does not exceed a sum 
     greater than the average of the total amount of State 
     maintenance of effort and matching expenditures required 
     under those sections for the 3 fiscal years prior to the date 
     of enactment of this Act.
       (2) Adjustment methodology.--If requested by a State, the 
     Secretary may modify the maintenance of effort baseline 
     referred to in paragraph (1) for the State according to the 
     following methodology:
       (A) The Secretary shall establish the maintenance of effort 
     baseline for the State using the average baseline of fiscal 
     years 2004 and 2005, as required by section 31102(b)(4) of 
     title 49, United States Code, as that section was in effect 
     on the day before the date of enactment of this Act.
       (B) The Secretary shall calculate the average required 
     match by a lead State commercial motor vehicle safety agency 
     for fiscal years 2013, 2014, and 2015 for motor carrier 
     safety assistance grants established at 20 percent by section 
     31103 of title 49, United States Code, as that section was in 
     effect on the day before the date of enactment of this Act.
       (C) The Secretary shall calculate the estimated match 
     required under section 31104(b) of title 49, United States 
     Code, as amended by this subtitle.
       (D) The Secretary shall subtract the amount in subparagraph 
     (B) from the amount in subparagraph (C) and--
       (i) if the number is greater than 0, the Secretary shall 
     subtract the number from the amount in subparagraph (A); or
       (ii) if the number is not greater than 0, the Secretary 
     shall calculate the maintenance of effort using the 
     methodology in subparagraph (A).
       (3) Maintenance of effort amount.--
       (A) In general.--The Secretary shall use the amount 
     calculated under paragraph (2) as the baseline maintenance of 
     effort required under section 31102(f) of title 49, United 
     States Code, as amended by this subtitle.
       (B) Deadline.--If a State does not request a waiver or 
     modification under this subsection before September 30 during 
     the first fiscal year that the Secretary implements a new 
     allocation formula for the motor carrier safety assistance 
     program under this subtitle, the Secretary shall calculate 
     the maintenance of effort using the methodology described in 
     paragraph (2)(A).
       (4) Maintenance of effort described.--The maintenance of 
     effort calculated under this section is the amount required 
     under section 31102(f) of title 49, United States Code, as 
     amended by this subtitle.
       (c) Termination of Effectiveness.--The authority of the 
     Secretary under this section shall terminate effective on the 
     date that a new maintenance of effort baseline is calculated 
     based on a new allocation formula for the motor carrier 
     safety assistance program implemented under section 31102 of 
     title 49, United States Code.

     Subtitle B--Federal Motor Carrier Safety Administration Reform

                       PART I--REGULATORY REFORM

     SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.

       Section 13906(e) of title 49, United States Code, is 
     amended by inserting ``or suspend'' after ``revoke''.

     SEC. 5202. REGULATIONS.

       Section 31136 of title 49, United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g) and 
     transferring such subsection to appear at the end of section 
     31315 of such title; and
       (2) by adding at the end the following:
       ``(f) Regulatory Impact Analysis.--Within each regulatory 
     impact analysis of a proposed or final rule issued by the 
     Federal Motor Carrier Safety Administration, the Secretary 
     shall, whenever practicable--
       ``(1) consider the effects of the proposed or final rule on 
     different segments of the motor carrier industry;
       ``(2) formulate estimates and findings based on the best 
     available science; and
       ``(3) utilize available data specific to the different 
     types of motor carriers, including small and large carriers, 
     and drivers that will be impacted by the proposed or final 
     rule.
       ``(g) Public Participation.--
       ``(1) In general.--If a proposed rule promulgated under 
     this part is likely to lead to the promulgation of a major 
     rule, the Secretary, before promulgating such proposed rule, 
     shall--
       ``(A) issue an advance notice of proposed rulemaking; or
       ``(B) proceed with a negotiated rulemaking.
       ``(2) Requirements.--Each advance notice of proposed 
     rulemaking issued under paragraph (1) shall--
       ``(A) identify the need for a potential regulatory action;

[[Page H7559]]

       ``(B) identify and request public comment on the best 
     available science or technical information relevant to 
     analyzing potential regulatory alternatives;
       ``(C) request public comment on the available data and 
     costs with respect to regulatory alternatives reasonably 
     likely to be considered as part of the rulemaking; and
       ``(D) request public comment on available alternatives to 
     regulation.
       ``(3) Waiver.--This subsection does not apply to a proposed 
     rule if the Secretary, for good cause, finds (and 
     incorporates the finding and a brief statement of reasons for 
     such finding in the proposed or final rule) that an advance 
     notice of proposed rulemaking is impracticable, unnecessary, 
     or contrary to the public interest.
       ``(h) Review of Rules.--
       ``(1) In general.--Once every 5 years, the Secretary shall 
     conduct a review of regulations issued under this part.
       ``(2) Schedule.--At the beginning of each 5-year review 
     period, the Secretary shall publish a schedule that sets 
     forth the plan for completing the review under paragraph (1) 
     within 5 years.
       ``(3) Notification of changes.--During each review period, 
     the Secretary shall address any changes to the schedule 
     published under paragraph (2) and notify the public of such 
     changes.
       ``(4) Consideration of petitions.--In conducting a review 
     under paragraph (1), the Secretary shall consider petitions 
     for regulatory action under this part received by the 
     Administrator of the Federal Motor Carrier Safety 
     Administration.
       ``(5) Assessment.--At the conclusion of each review under 
     paragraph (1), the Secretary shall publish on a publicly 
     accessible Internet Web site of the Department of 
     Transportation an assessment that includes--
       ``(A) an inventory of the regulations issued during the 5-
     year period ending on the date on which the assessment is 
     published;
       ``(B) a determination of whether the regulations are--
       ``(i) consistent and clear;
       ``(ii) current with the operational realities of the motor 
     carrier industry; and
       ``(iii) uniformly enforced; and
       ``(C) an assessment of whether the regulations continue to 
     be necessary.
       ``(6) Rulemaking.--Not later than 2 years after the 
     completion of each review under this subsection, the 
     Secretary shall initiate a rulemaking to amend regulations as 
     necessary to address the determinations made under paragraph 
     (5)(B) and the results of the assessment under paragraph 
     (5)(C).
       ``(i) Rule of Construction.--Nothing in subsection (f) or 
     (g) may be construed to limit the contents of an advance 
     notice of proposed rulemaking.''.

     SEC. 5203. GUIDANCE.

       (a) In General.--
       (1) Date of issuance and point of contact.--Each guidance 
     document issued by the Federal Motor Carrier Safety 
     Administration shall have a date of issuance or a date of 
     revision, as applicable, and shall include the name and 
     contact information of a point of contact at the 
     Administration who can respond to questions regarding the 
     guidance.
       (2) Public accessibility.--
       (A) In general.--Each guidance document issued or revised 
     by the Federal Motor Carrier Safety Administration shall be 
     published on a publicly accessible Internet Web site of the 
     Department on the date of issuance or revision.
       (B) Redaction.--The Administrator of the Federal Motor 
     Carrier Safety Administration may redact from a guidance 
     document published under subparagraph (A) any information 
     that would reveal investigative techniques that would 
     compromise Administration enforcement efforts.
       (3) Incorporation into regulations.--Not later than 5 years 
     after the date on which a guidance document is published 
     under paragraph (2) or during an applicable review under 
     subsection (c), whichever is earlier, the Secretary shall 
     revise regulations to incorporate the guidance document to 
     the extent practicable.
       (4) Reissuance.--If a guidance document is not incorporated 
     into regulations in accordance with paragraph (3), the 
     Administrator shall--
       (A) reissue an updated version of the guidance document; 
     and
       (B) review and reissue an updated version of the guidance 
     document every 5 years until the date on which the guidance 
     document is removed or incorporated into applicable 
     regulations.
       (b) Initial Review.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator shall review all 
     guidance documents published under subsection (a) to ensure 
     that such documents are current, are readily accessible to 
     the public, and meet the standards specified in subparagraphs 
     (A), (B), and (C) of subsection (c)(1).
       (c) Regular Review.--
       (1) In general.--Subject to paragraph (2), not less than 
     once every 5 years, the Administrator shall conduct a 
     comprehensive review of the guidance documents issued by the 
     Federal Motor Carrier Safety Administration to determine 
     whether such documents are--
       (A) consistent and clear;
       (B) uniformly and consistently enforced; and
       (C) still necessary.
       (2) Notice and comment.--Prior to beginning a review under 
     paragraph (1), the Administrator shall publish in the Federal 
     Register a notice and request for comment that solicits input 
     from stakeholders on which guidance documents should be 
     updated or eliminated.
       (3) Report.--
       (A) In general.--Not later than 60 days after the date on 
     which a review under paragraph (1) is completed, the 
     Administrator shall publish on a publicly accessible Internet 
     Web site of the Department a report detailing the review and 
     a full inventory of the guidance documents of the 
     Administration.
       (B) Contents.--A report under subparagraph (A) shall 
     include a summary of the response of the Administration to 
     each comment received under paragraph (2).
       (d) Guidance Document Defined.--In this section, the term 
     ``guidance document'' means a document issued by the Federal 
     Motor Carrier Safety Administration that--
       (1) provides an interpretation of a regulation of the 
     Administration; or
       (2) includes an enforcement policy of the Administration.

     SEC. 5204. PETITIONS.

       (a) In General.--The Administrator of the Federal Motor 
     Carrier Safety Administration shall--
       (1) publish on a publicly accessible Internet Web site of 
     the Department a summary of all petitions for regulatory 
     action submitted to the Administration;
       (2) prioritize the petitions submitted based on the 
     likelihood of safety improvements resulting from the 
     regulatory action requested;
       (3) not later than 180 days after the date a summary of a 
     petition is published under paragraph (1), formally respond 
     to such petition by indicating whether the Administrator will 
     accept, deny, or further review the petition;
       (4) prioritize responses to petitions consistent with a 
     response's potential to reduce crashes, improve enforcement, 
     and reduce unnecessary burdens; and
       (5) not later than 60 days after the date of receipt of a 
     petition, publish on a publicly accessible Internet Web site 
     of the Department an updated inventory of the petitions 
     described in paragraph (1), including any applicable 
     disposition information for those petitions.
       (b) Petition Defined.--In this section, the term 
     ``petition'' means a request for a new regulation, a 
     regulatory interpretation or clarification, or a review of a 
     regulation to eliminate or modify an obsolete, ineffective, 
     or overly burdensome regulation.

           PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

     SEC. 5221. CORRELATION STUDY.

       (a) In General.--The Administrator of the Federal Motor 
     Carrier Safety Administration (referred to in this part as 
     the ``Administrator'') shall commission the National Research 
     Council of the National Academies to conduct a study of--
       (1) the Compliance, Safety, Accountability program of the 
     Federal Motor Carrier Safety Administration (referred to in 
     this part as the ``CSA program''); and
       (2) the Safety Measurement System utilized by the CSA 
     program (referred to in this part as the ``SMS'').
       (b) Scope of Study.--In carrying out the study commissioned 
     pursuant to subsection (a), the National Research Council--
       (1) shall analyze--
       (A) the accuracy with which the Behavior Analysis and 
     Safety Improvement Categories (referred to in this part as 
     ``BASIC'')--
       (i) identify high risk carriers; and
       (ii) predict or are correlated with future crash risk, 
     crash severity, or other safety indicators for motor 
     carriers;
       (B) the methodology used to calculate BASIC percentiles and 
     identify carriers for enforcement, including the weights 
     assigned to particular violations and the tie between crash 
     risk and specific regulatory violations, with respect to 
     accurately identifying and predicting future crash risk for 
     motor carriers;
       (C) the relative value of inspection information and 
     roadside enforcement data;
       (D) any data collection gaps or data sufficiency problems 
     that may exist and the impact of those gaps and problems on 
     the efficacy of the CSA program;
       (E) the accuracy of safety data, including the use of crash 
     data from crashes in which a motor carrier was free from 
     fault;
       (F) whether BASIC percentiles for motor carriers of 
     passengers should be calculated differently than for motor 
     carriers of freight;
       (G) the differences in the rates at which safety violations 
     are reported to the Federal Motor Carrier Safety 
     Administration for inclusion in the SMS by various 
     enforcement authorities, including States, territories, and 
     Federal inspectors; and
       (H) how members of the public use the SMS and what effect 
     making the SMS information public has had on reducing crashes 
     and eliminating unsafe motor carriers from the industry; and
       (2) shall consider--
       (A) whether the SMS provides comparable precision and 
     confidence, through SMS alerts and percentiles, for the 
     relative crash risk of individual large and small motor 
     carriers;
       (B) whether alternatives to the SMS would identify high 
     risk carriers more accurately; and
       (C) the recommendations and findings of the Comptroller 
     General of the United States and the Inspector General of the 
     Department, and independent review team reports,

[[Page H7560]]

     issued before the date of enactment of this Act.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit a 
     report containing the results of the study commissioned 
     pursuant to subsection (a) to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (3) the Inspector General of the Department.
       (d) Corrective Action Plan.--
       (1) In general.--Not later than 120 days after the 
     Administrator submits the report under subsection (c), if 
     that report identifies a deficiency or opportunity for 
     improvement in the CSA program or in any element of the SMS, 
     the Administrator shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a corrective action plan that--
       (A) responds to the deficiencies or opportunities 
     identified by the report;
       (B) identifies how the Federal Motor Carrier Safety 
     Administration will address such deficiencies or 
     opportunities; and
       (C) provides an estimate of the cost, including with 
     respect to changes in staffing, enforcement, and data 
     collection, necessary to address such deficiencies or 
     opportunities.
       (2) Program reforms.--The corrective action plan submitted 
     under paragraph (1) shall include an implementation plan 
     that--
       (A) includes benchmarks;
       (B) includes programmatic reforms, revisions to 
     regulations, or proposals for legislation; and
       (C) shall be considered in any rulemaking by the Department 
     that relates to the CSA program, including the SMS.
       (e) Inspector General Review.--Not later than 120 days 
     after the Administrator submits a corrective action plan 
     under subsection (d), the Inspector General of the Department 
     shall--
       (1) review the extent to which such plan implements--
       (A) recommendations contained in the report submitted under 
     subsection (c); and
       (B) relevant recommendations issued by the Comptroller 
     General or the Inspector General before the date of enactment 
     of this Act; and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the responsiveness of the 
     corrective action plan to the recommendations described in 
     paragraph (1).

     SEC. 5222. BEYOND COMPLIANCE.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall incorporate 
     into the CSA program a methodology to allow recognition and 
     an improved SMS score for--
       (1) the installation of advanced safety equipment;
       (2) the use of enhanced driver fitness measures;
       (3) the adoption of fleet safety management tools, 
     technologies, and programs; or
       (4) other metrics as determined appropriate by the 
     Administrator.
       (b) Qualification.--The Administrator, after providing 
     notice and an opportunity for comment, shall develop 
     technical or other performance standards with respect to 
     advanced safety equipment, enhanced driver fitness measures, 
     fleet safety management tools, technologies, and programs, 
     and other metrics for purposes of subsection (a).
       (c) Report.--Not later than 18 months after the 
     incorporation of the methodology under subsection (a), the 
     Administrator shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the number of motor carriers receiving 
     recognition and improved scores under such methodology and 
     the safety performance of such carriers.

     SEC. 5223. DATA CERTIFICATION.

       (a) In General.--On and after the date that is 1 day after 
     the date of enactment of this Act, no information regarding 
     analysis of violations, crashes in which a determination is 
     made that the motor carrier or the commercial motor vehicle 
     driver is not at fault, alerts, or the relative percentile 
     for each BASIC developed under the CSA program may be made 
     available to the public (including through requests under 
     section 552 of title 5, United States Code) until the 
     Inspector General of the Department certifies that--
       (1) the report required under section 5221(c) has been 
     submitted in accordance with that section;
       (2) any deficiencies identified in the report required 
     under section 5221(c) have been addressed;
       (3) if applicable, the corrective action plan under section 
     5221(d) has been implemented;
       (4) the Administrator of the Federal Motor Carrier Safety 
     Administration has fully implemented or satisfactorily 
     addressed the issues raised in the report titled ``Modifying 
     the Compliance, Safety, Accountability Program Would Improve 
     the Ability to Identify High Risk Carriers'' of the 
     Government Accountability Office and dated February 2014 
     (GAO-14-114); and
       (5) the CSA program has been modified in accordance with 
     section 5222.
       (b) Limitation on the Use of CSA Analysis.--Information 
     regarding alerts and the relative percentile for each BASIC 
     developed under the CSA program may not be used for safety 
     fitness determinations until the Inspector General of the 
     Department makes the certification under subsection (a).
       (c) Continued Public Availability of Data.--Notwithstanding 
     any other provision of this section, inspection and violation 
     information submitted to the Federal Motor Carrier Safety 
     Administration by commercial motor vehicle inspectors and 
     qualified law enforcement officials, out-of-service rates, 
     and absolute measures shall remain available to the public.
       (d) Exceptions.--
       (1) In general.--Notwithstanding any other provision of 
     this section--
       (A) the Federal Motor Carrier Safety Administration and 
     State and local commercial motor vehicle enforcement agencies 
     may use the information referred to in subsection (a) for 
     purposes of investigation and enforcement prioritization; and
       (B) a motor carrier and a commercial motor vehicle driver 
     may access information referred to in subsection (a) that 
     relates directly to the motor carrier or driver, 
     respectively.
       (2) Rule of construction.--Nothing in this section may be 
     construed to restrict the official use by State enforcement 
     agencies of the data collected by State enforcement 
     personnel.

     SEC. 5224. INTERIM HIRING STANDARD.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Entity.--The term ``entity'' means a person acting as--
       (A) a shipper, other than an individual shipper (as that 
     term is defined in section 13102 of title 49, United States 
     Code), or a consignee;
       (B) a broker or a 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) of title 49, United States 
     Code; or
       (G) a warehouse (as defined in section 7-102(13) of the 
     Uniform Commercial Code).
       (2) Motor carrier.--The term ``motor carrier'' means a 
     motor carrier (as that term is defined in section 13102 of 
     title 49, United States Code) that is subject to Federal 
     motor carrier financial responsibility and safety 
     regulations.
       (b) Hiring Standard.--Subsection (c) shall only be 
     applicable to entities who, before tendering a shipment, but 
     not more than 35 days before the pickup of the shipment by 
     the hired motor carrier, verify that the motor carrier, at 
     the time of such verification--
       (1) is registered with and authorized by the Federal Motor 
     Carrier Safety Administration to operate as a motor carrier, 
     if applicable;
       (2) has the minimum insurance coverage required by Federal 
     law; and
       (3) has a satisfactory safety fitness determination issued 
     by the Federal Motor Carrier Safety Administration in force.
       (c) Interim Use of Data.--
       (1) In general.--With respect to an entity who completed a 
     verification under subsection (b), only information regarding 
     the entity's compliance or noncompliance with subsection (b) 
     may be admitted as evidence or otherwise used against the 
     entity in a civil action for damages resulting from a claim 
     of negligent selection or retention of a motor carrier.
       (2) Excluded evidence.--With respect to an entity who 
     completed a verification under subsection (b), motor carrier 
     data (other than the information described in paragraph (1)) 
     created or maintained by the Federal Motor Carrier Safety 
     Administration, including SMS 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 the entity's selection 
     or retention of a motor carrier was negligent.
       (d) Sunset.--This section shall cease to be effective on 
     the date on which the Inspector General of the Department 
     makes the certification under section 5223(a).

              Subtitle C--Commercial Motor Vehicle Safety

     SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS.

       (a) National Clearinghouse for Controlled Substance and 
     Alcohol Test Results of Commercial Motor Vehicle Operators.--
     If the deadline established under section 31306a(a)(1) of 
     title 49, United States Code, has not been met, not later 
     than 30 days after the date of enactment of this Act, the 
     Secretary of Transportation shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate written notification that--
       (1) explains why such deadline has not been met; and
       (2) establishes a new deadline for completion of the 
     requirements of such section.

[[Page H7561]]

       (b) Electronic Logging Devices.--If the deadline 
     established under section 31137(a) of title 49, United States 
     Code, has not been met, not later than 30 days after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate written notification that--
       (1) explains why such deadline has not been met; and
       (2) establishes a new deadline for completion of the 
     requirements of such section.
       (c) Standards for Training.--If the deadline established 
     under section 31305(c) of title 49, United States Code, has 
     not been met, not later than 30 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate written notification that--
       (1) explains why such deadline has not been met; and
       (2) establishes a new deadline for completion of the 
     requirements of such section.
       (d) Further Responsibilities.--If the Secretary determines 
     that a deadline established under subsection (a)(2), (b)(2), 
     or (c)(2) cannot be met, not later than 30 days after the 
     date on which such determination is made, the Secretary shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate written 
     notification that--
       (1) explains why such deadline cannot be met; and
       (2) establishes a new deadline for completion of the 
     relevant requirements.

     SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     to modify section 393.60(e)(1) of title 49, Code of Federal 
     Regulations, to permanently allow the voluntary mounting on 
     the inside of a vehicle's windshield, within the area swept 
     by windshield wipers, of vehicle safety technologies, if the 
     Secretary determines that such mounting is likely to achieve 
     a level of safety that is equivalent to, or greater than, the 
     level of safety that would be achieved without such mounting.
       (b) Vehicle Safety Technology Defined.--In this section, 
     the term ``vehicle safety technology'' includes lane 
     departure warning systems, collision avoidance systems, on-
     board video event recording devices, and any other technology 
     determined appropriate by the Secretary.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to alter the terms of a short-term exemption from 
     section 393.60(e) of title 49, Code of Federal Regulations, 
     granted and in effect as of the date of enactment of this 
     Act.

     SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS.

       The Administrator of the Federal Motor Carrier Safety 
     Administration shall prioritize the completion of each 
     outstanding rulemaking required by statute before beginning 
     any other rulemaking, unless the Secretary determines that 
     there is a significant need for such other rulemaking.

     SEC. 5304. SAFETY REPORTING SYSTEM.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the cost and feasibility of 
     establishing a self-reporting system for commercial motor 
     vehicle drivers or motor carriers with respect to en route 
     equipment failures.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) an analysis of--
       (A) alternatives for the reporting of equipment failures in 
     real time, including an Internet Web site or telephone 
     hotline;
       (B) the ability of a commercial motor vehicle driver or a 
     motor carrier to provide to the Federal Motor Carrier Safety 
     Administration proof of repair of a self-reported equipment 
     failure;
       (C) the ability of the Federal Motor Carrier Safety 
     Administration to ensure that self-reported equipment 
     failures proven to be repaired are not used in the 
     calculation of Behavior Analysis and Safety Improvement 
     Category scores;
       (D) the ability of roadside inspectors to access self-
     reported equipment failures;
       (E) the cost to establish and administer a self-reporting 
     system;
       (F) the ability for a self-reporting system to track 
     individual commercial motor vehicles through unique 
     identifiers; and
       (G) whether a self-reporting system would yield 
     demonstrable safety benefits;
       (2) an identification of any regulatory or statutory 
     impediments to the implementation of a self-reporting system; 
     and
       (3) recommendations on implementing a self-reporting 
     system.

     SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM.

       (a) In General.--The Secretary shall conduct an assessment 
     of the new operator safety review program under section 
     31144(g) of title 49, United States Code, including the 
     program's effectiveness in reducing crashes, fatalities, and 
     injuries involving commercial motor vehicles and improving 
     commercial motor vehicle safety.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall publish on a 
     publicly accessible Internet Web site of the Department and 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results of the assessment 
     conducted under subsection (a), including any recommendations 
     for improving the effectiveness of the program (including 
     recommendations for legislative changes).

     SEC. 5306. READY MIXED CONCRETE TRUCKS.

       A driver of a ready mixed concrete mixer truck is exempt 
     from section 3(a)(3)(ii) of part 395 of title 49, Code of 
     Federal Regulations, if the driver is in compliance with 
     clauses (i), (iii), (iv), and (v) of subsection (e)(1) of 
     section 1 of part 395 of such title (regarding the 100 air-
     mile logging exemption).

              Subtitle D--Commercial Motor Vehicle Drivers

     SEC. 5401. OPPORTUNITIES FOR VETERANS.

       (a) Standards for Training and Testing of Veteran 
     Operators.--Section 31305 of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(d) Standards for Training and Testing of Veteran 
     Operators.--
       ``(1) In general.--Not later than December 31, 2016, the 
     Secretary shall modify the regulations prescribed under 
     subsections (a) and (c) to--
       ``(A) exempt a covered individual from all or a portion of 
     a driving test if the covered individual had experience in 
     the armed forces or reserve components driving vehicles 
     similar to a commercial motor vehicle;
       ``(B) ensure that a covered individual may apply for an 
     exemption under subparagraph (A) during, at least, the 1-year 
     period beginning on the date on which such individual 
     separates from service in the armed forces or reserve 
     components; and
       ``(C) credit the training and knowledge a covered 
     individual received in the armed forces or reserve components 
     driving vehicles similar to a commercial motor vehicle for 
     purposes of satisfying minimum standards for training and 
     knowledge.
       ``(2) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Armed forces.--The term `armed forces' has the 
     meaning given that term in section 101(a)(4) of title 10.
       ``(B) Covered individual.--The term `covered individual' 
     means--
       ``(i) a former member of the armed forces; or
       ``(ii) a former member of the reserve components.
       ``(C) Reserve components.--The term `reserve components' 
     means--
       ``(i) the Army National Guard of the United States;
       ``(ii) the Army Reserve;
       ``(iii) the Navy Reserve;
       ``(iv) the Marine Corps Reserve;
       ``(v) the Air National Guard of the United States;
       ``(vi) the Air Force Reserve; and
       ``(vii) the Coast Guard Reserve.''.
       (b) Implementation of the Military Commercial Driver's 
     License Act.--Not later than December 31, 2015, the Secretary 
     shall issue final regulations to implement the exemption to 
     the domicile requirement under section 31311(a)(12)(C) of 
     title 49, United States Code.
       (c) Conforming Amendment.--Section 31311(a)(12)(C)(ii) of 
     title 49, United States Code, is amended to read as follows:
       ``(ii) is an active duty member of--
       ``(I) the armed forces (as that term is defined in section 
     101(a)(4) of title 10); or
       ``(II) the reserve components (as that term is defined in 
     section 31305(d)(2)(C) of this title); and''.

     SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.

       (a) In General.--Section 31306 of title 49, United States 
     Code, is amended--
       (1) in subsection (b)(1)--
       (A) by redesignating subparagraph (B) as subparagraph (C);
       (B) in subparagraph (A) by striking ``The regulations shall 
     permit such motor carriers to conduct preemployment testing 
     of such employees for the use of alcohol.''; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) The regulations prescribed under subparagraph (A) 
     shall permit motor carriers--
       ``(i) to conduct preemployment testing of commercial motor 
     vehicle operators for the use of alcohol; and
       ``(ii) to use hair testing as an acceptable alternative to 
     urine testing--
       ``(I) in conducting preemployment testing for the use of a 
     controlled substance; and
       ``(II) in conducting random testing for the use of a 
     controlled substance if the operator was subject to hair 
     testing for preemployment testing.'';
       (2) in subsection (b)(2)--
       (A) in subparagraph (A) by striking ``and'' at the end;
       (B) in subparagraph (B) by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) shall provide an exemption from hair testing for 
     commercial motor vehicle operators with established religious 
     beliefs that prohibit the cutting or removal of hair.''; and
       (3) in subsection (c)(2)--

[[Page H7562]]

       (A) in the matter preceding subparagraph (A) by inserting 
     ``for urine testing, and technical guidelines for hair 
     testing,'' before ``including mandatory guidelines'';
       (B) in subparagraph (B) by striking ``and'' at the end;
       (C) in subparagraph (C) by inserting ``and'' after the 
     semicolon; and
       (D) by adding at the end the following:
       ``(D) laboratory protocols and cut-off levels for hair 
     testing to detect the use of a controlled substance;''.
       (b) Guidelines.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall issue scientific and technical guidelines for 
     hair testing as a method of detecting the use of a controlled 
     substance for purposes of section 31306 of title 49, United 
     States Code.

     SEC. 5403. CERTIFIED MEDICAL EXAMINERS.

       (a) In General.--Section 31315(b)(1) of title 49, United 
     States Code, is amended by striking ``or section 31136'' and 
     inserting ``, section 31136, or section 31149(d)(3)''.
       (b) Conforming Amendment.--Section 31149(d)(3) of title 49, 
     United States Code, is amended by inserting ``, unless the 
     person issuing the certificate is the subject of an exemption 
     issued under section 31315(b)(1)'' before the semicolon.

     SEC. 5404. GRADUATED COMMERCIAL DRIVER'S LICENSE PILOT 
                   PROGRAM.

       (a) Task Force.--
       (1) In general.--The Secretary shall convene a task force 
     to evaluate and make recommendations to the Secretary on 
     elements for inclusion in a graduated commercial driver's 
     license pilot program that would allow a novice licensed 
     driver between the ages of 19 years and 6 months and 21 years 
     to safely operate a commercial motor vehicle in a limited 
     capacity in interstate commerce between States that enter 
     into a bi-State agreement.
       (2) Membership.--The task force convened under paragraph 
     (1) shall include representatives of State motor vehicle 
     administrators, motor carriers, labor organizations, safety 
     advocates, and other stakeholders determined appropriate by 
     the Secretary.
       (3) Considerations.--The task force convened under 
     paragraph (1) shall evaluate and make recommendations on the 
     following elements for inclusion in a graduated commercial 
     driver's license pilot program:
       (A) A specified length of time for a learner's permit 
     stage.
       (B) A requirement that drivers under the age of 21 years be 
     accompanied by experienced drivers over the age of 21 years.
       (C) A restriction on travel distances.
       (D) A restriction on maximum allowable driving hours.
       (E) Mandatory driver training that exceeds the requirements 
     for drivers over the age of 21 years issued by the Secretary 
     under section 31305(c) of title 49, United States Code.
       (F) Use of certain safety technologies in the vehicles of 
     drivers under the age of 21 years.
       (G) Any other element the task force considers appropriate.
       (4) Recommendations.--Not later than 1 year after the date 
     of enactment of this Act, the task force convened under 
     paragraph (1) shall recommend to the Secretary the elements 
     the task force has determined appropriate for inclusion in a 
     graduated commercial driver's license pilot program.
       (b) Pilot Program.--
       (1) In general.--Not later than 1 year after receiving the 
     recommendations of the task force under subsection (a), the 
     Secretary shall establish a graduated commercial driver's 
     license pilot program in accordance with such recommendations 
     and section 31315(c) of title 49, United States Code.
       (2) Pre-establishment requirements.--Prior to the 
     establishment of the pilot program under paragraph (1), the 
     Secretary shall--
       (A) submit to Congress a report outlining the 
     recommendations of the task force received under subsection 
     (a); and
       (B) publish in the Federal Register, and provide sufficient 
     notice of and an opportunity for public comment on, the--
       (i) proposed requirements for State and driver 
     participation in the pilot program, based on the 
     recommendations of the task force and consistent with 
     paragraph (3);
       (ii) measures the Secretary will utilize under the pilot 
     program to ensure safety; and
       (iii) standards the Secretary will use to evaluate the 
     pilot program, including to determine any changes in the 
     level of motor carrier safety as a result of the pilot 
     program.
       (3) Program elements.--The pilot program established under 
     paragraph (1)--
       (A) may not allow an individual under the age of 19 years 
     and 6 months to participate;
       (B) may not allow a driver between the ages of 19 years and 
     6 months and 21 years to--
       (i) operate a commercial motor vehicle in special 
     configuration; or
       (ii) transport hazardous cargo;
       (C) shall be carried out in a State (including the District 
     of Columbia) only if the Governor of the State (or the Mayor 
     of the District of Columbia, if applicable) approves an 
     agreement with a contiguous State to allow a licensed driver 
     under the age of 21 years to operate a commercial motor 
     vehicle across both States in accordance with the pilot 
     program;
       (D) may not recognize more than 6 agreements described in 
     subparagraph (C);
       (E) may not allow more than 10 motor carriers to 
     participate in the pilot program under each agreement 
     described in subparagraph (C);
       (F) shall require each motor carrier participating in the 
     pilot program under an agreement described in subparagraph 
     (C) to--
       (i) have in effect a satisfactory safety fitness 
     determination that was issued by the Federal Motor Carrier 
     Safety Administration during the 2-year period preceding the 
     date of the Federal Register publication required under 
     paragraph (2)(B); and
       (ii) agree to have its safety performance monitored by the 
     Secretary during participation in the pilot program;
       (G) shall allow for the revocation of a motor carrier's 
     participation in the pilot program if a State or the 
     Secretary determines that the motor carrier violated the 
     requirements, including safety requirements, of the pilot 
     program; and
       (H) shall ensure that a valid graduated commercial driver's 
     license issued by a State that has entered into an agreement 
     described in subparagraph (C) and is approved by the 
     Secretary to participate in the pilot program is recognized 
     as valid in both States that are participating in the 
     agreement.
       (c) Inspector General Report.--
       (1) Monitoring.--The Inspector General of the Department of 
     Transportation shall monitor and review the implementation of 
     the pilot program established under subsection (b).
       (2) Report.--The Inspector General shall submit to Congress 
     and the Secretary--
       (A) not later than 1 year after the establishment of the 
     pilot program under subsection (b), an interim report on the 
     results of the review conducted under paragraph (1); and
       (B) not later than 60 days after the conclusion of the 
     pilot program, a final report on the results of the review 
     conducted under paragraph (1).
       (3) Additional contents.--
       (A) Interim report.--The interim report required under 
     paragraph (2)(A) shall address whether the Secretary has 
     established sufficient mechanisms and generated sufficient 
     data to determine if the pilot program is having any adverse 
     effects on motor carrier safety.
       (B) Final report.--The final report required under 
     paragraph (2)(B) shall address the impact of the pilot 
     program on--
       (i) safety; and
       (ii) the number of commercial motor vehicle drivers 
     available for employment.

     SEC. 5405. VETERANS EXPANDED TRUCKING OPPORTUNITIES.

       (a) In General.--In the case of a physician-approved 
     veteran operator, the qualified physician of such operator 
     may, subject to the requirements of subsection (b), perform a 
     medical examination and provide a medical certificate for 
     purposes of compliance with the requirements of section 31149 
     of title 49, United States Code.
       (b) Certification.--The certification described under 
     subsection (a) shall include--
       (1) assurances that the physician performing the medical 
     examination meets the requirements of a qualified physician 
     under this section; and
       (2) certification that the physical condition of the 
     operator is adequate to enable such operator to operate a 
     commercial motor vehicle safely.
       (c) Definitions.--In this section, the following 
     definitions apply:
       (1) Physician-approved veteran operator.--The term 
     ``physician-approved veteran operator'' means an operator of 
     a commercial motor vehicle who--
       (A) is a veteran who is enrolled in the health care system 
     established under section 1705(a) of title 38, United States 
     Code; and
       (B) is required to have a current valid medical certificate 
     pursuant to section 31149 of title 49, United States Code.
       (2) Qualified physician.--The term ``qualified physician'' 
     means a physician who--
       (A) is employed in the Department of Veterans Affairs;
       (B) is familiar with the standards for, and physical 
     requirements of, an operator certified pursuant to section 
     31149 of title 49, United States Code; and
       (C) has never, with respect such section, been found to 
     have acted fraudulently, including by fraudulently awarding a 
     medical certificate.
       (3) Veteran.--The term ``veteran'' has the meaning given 
     the term in section 101 of title 38, United States Code.
       (d) Statutory Construction.--Nothing in this section shall 
     be construed to change any statutory penalty associated with 
     fraud or abuse.

                     Subtitle E--General Provisions

     SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY.

       (a) Transporting Property.--If the Secretary proceeds with 
     a rulemaking to determine whether to increase the minimum 
     levels of financial responsibility required under section 
     31139 of title 49, United States Code, the Secretary shall 
     consider, prior to issuing a final rule--
       (1) the rulemaking's potential impact on--
       (A) the safety of motor vehicle transportation; and
       (B) the motor carrier industry, including small and 
     minority motor carriers and independent owner-operators;
       (2) the ability of the insurance industry to provide the 
     required amount of insurance;
       (3) the extent to which current minimum levels of financial 
     responsibility adequately cover--

[[Page H7563]]

       (A) medical care;
       (B) compensation;
       (C) attorney fees; and
       (D) other identifiable costs;
       (4) the frequency with which insurance claims exceed 
     current minimum levels of financial responsibility in fatal 
     accidents; and
       (5) the impact of increased levels on motor carrier safety 
     and accident reduction.
       (b) Transporting Passengers.--
       (1) In general.--Prior to initiating a rulemaking to change 
     the minimum levels of financial responsibility under section 
     31138 of title 49, United States Code, the Secretary shall 
     complete a study specific to the minimum financial 
     responsibility requirements for motor carriers of passengers.
       (2) Study contents.--A study under paragraph (1) shall 
     include--
       (A) a review of accidents, injuries, and fatalities in the 
     over-the-road bus and school bus industries;
       (B) a review of insurance held by over-the-road bus and 
     public and private school bus companies, including companies 
     of various sizes, and an analysis of whether such insurance 
     is adequate to cover claims;
       (C) an analysis of whether and how insurance affects the 
     behavior and safety record of motor carriers of passengers, 
     including with respect to crash reduction; and
       (D) an analysis of the anticipated impacts of an increase 
     in financial responsibility on insurance premiums for 
     passenger carriers and service availability.
       (3) Consultation.--In conducting a study under paragraph 
     (1), the Secretary shall consult with--
       (A) representatives of the over-the-road bus and private 
     school bus transportation industries, including 
     representatives of bus drivers; and
       (B) insurers of motor carriers of passengers.
       (4) Report.--If the Secretary undertakes a study under 
     paragraph (1), the Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     study.

     SEC. 5502. DELAYS IN GOODS MOVEMENT.

       (a) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the average length of time that operators 
     of commercial motor vehicles are delayed before the loading 
     and unloading of such vehicles and at other points in the 
     pick-up and delivery process.
       (2) Contents.--The report under paragraph (1) shall 
     include--
       (A) an assessment of how delays impact--
       (i) the economy;
       (ii) the efficiency of the transportation system;
       (iii) motor carrier safety, including the extent to which 
     delays result in violations of motor carrier safety 
     regulations; and
       (iv) the livelihood of motor carrier drivers; and
       (B) recommendations on how delays could be mitigated.
       (b) Collection of Data.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall establish 
     by regulation a process to collect data on delays experienced 
     by operators of commercial motor vehicles before the loading 
     and unloading of such vehicles and at other points in the 
     pick-up and delivery process.

     SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.

       (a) In General.--Not later than April 1, 2016, the 
     Secretary shall publish on a publicly accessible Internet Web 
     site of the Department a report on the minimum levels of 
     financial responsibility required under section 31139 of 
     title 49, United States Code.
       (b) Contents.--The report required under subsection (a) 
     shall include an analysis of--
       (1) the differences between State insurance requirements 
     and Federal requirements;
       (2) the extent to which current minimum levels of financial 
     responsibility adequately cover--
       (A) medical care;
       (B) compensation;
       (C) attorney fees; and
       (D) other identifiable costs; and
       (3) the frequency with which insurance claims exceed the 
     current minimum levels of financial responsibility.

     SEC. 5504. EMERGENCY ROUTE WORKING GROUP.

       (a) In General.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     working group to determine best practices for expeditious 
     State approval of special permits for vehicles involved in 
     emergency response and recovery.
       (2) Members.--The working group shall include 
     representatives from--
       (A) State highway transportation departments or agencies;
       (B) relevant modal agencies within the Department;
       (C) emergency response or recovery experts;
       (D) relevant safety groups; and
       (E) entities affected by special permit restrictions during 
     emergency response and recovery efforts.
       (b) Considerations.--In determining best practices under 
     subsection (a), the working group shall consider whether--
       (1) impediments currently exist that prevent expeditious 
     State approval of special permits for vehicles involved in 
     emergency response and recovery;
       (2) it is possible to pre-identify and establish emergency 
     routes between States through which infrastructure repair 
     materials could be delivered following a natural disaster or 
     emergency;
       (3) a State could pre-designate an emergency route 
     identified under paragraph (2) as a certified emergency route 
     if a motor vehicle that exceeds the otherwise applicable 
     Federal and State truck length or width limits may safely 
     operate along such route during periods of declared emergency 
     and recovery from such periods; and
       (4) an online map could be created to identify each pre-
     designated emergency route under paragraph (3), including 
     information on specific limitations, obligations, and 
     notification requirements along that route.
       (c) Report.--
       (1)  Submission.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall submit to the 
     Secretary a report on its findings under this section and any 
     recommendations for the implementation of best practices for 
     expeditious State approval of special permits for vehicles 
     involved in emergency response and recovery.
       (2) Publication.--Not later than 30 days after the date the 
     Secretary receives the report under paragraph (1), the 
     Secretary shall publish the report on a publicly accessible 
     Internet Web site of the Department.
       (d) Notification.--Not later than 6 months after the date 
     the Secretary receives the report under subsection (c)(1), 
     the Secretary shall notify the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the actions the Secretary and the States have taken 
     to implement the recommendations included in the report.
       (e) Exemption.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the working group.
       (f) Termination.--The working group shall terminate 1 year 
     after the date the Secretary receives the report under 
     subsection (c)(1).

     SEC. 5505. 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 recommendations on--
       (A) condensing publication ESA 03005 of the Federal Motor 
     Carrier Safety Administration into a format that is more 
     easily used by consumers;
       (B) using state-of-the-art education techniques and 
     technologies, including optimizing the use of the Internet as 
     an educational tool; and
       (C) reducing and simplifying the paperwork required of 
     motor carriers and shippers in interstate transportation.
       (2) Deadline.--Not later than 1 year after the date of 
     enactment of this Act--
       (A) the working group shall make the recommendations 
     described in paragraph (1); and
       (B) the Secretary shall publish the recommendations on a 
     publicly accessible Internet Web site of the Department.
       (d) Report.--Not later than 1 year after the date on which 
     the working group makes its recommendations under subsection 
     (c)(2), the Secretary shall issue a report to Congress on the 
     implementation of such recommendations.
       (e) Exemption.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the working group.
       (f) Termination.--The working group shall terminate 1 year 
     after the date the working group makes its recommendations 
     under subsection (c)(2).

     SEC. 5506. TECHNOLOGY IMPROVEMENTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a comprehensive analysis of the 
     information technology and data collection and management 
     systems of the Federal Motor Carrier Safety Administration.
       (b) Requirements.--The study conducted under subsection (a) 
     shall--
       (1) evaluate the efficacy of the existing information 
     technology, data collection, processing systems, data 
     correction procedures, and data management systems and 
     programs, including their interaction with each other and 
     their efficacy in meeting user needs;
       (2) identify any redundancies among the systems, 
     procedures, and programs described in paragraph (1);
       (3) explore the feasibility of consolidating data 
     collection and processing systems;
       (4) evaluate the ability of the systems, procedures, and 
     programs described in paragraph (1) to meet the needs of--

[[Page H7564]]

       (A) the Federal Motor Carrier Safety Administration, at 
     both the headquarters and State levels;
       (B) the State agencies that implement the motor carrier 
     safety assistance program under section 31102 of title 49, 
     United States Code; and
       (C) other users;
       (5) evaluate the adaptability of the systems, procedures, 
     and programs described in paragraph (1), in order to make 
     necessary future changes to ensure user needs are met in an 
     easier, timely, and more cost-efficient manner;
       (6) investigate and make recommendations regarding--
       (A) deficiencies in existing data sets impacting program 
     effectiveness; and
       (B) methods to improve user interfaces; and
       (7) identify the appropriate role the Federal Motor Carrier 
     Safety Administration should take with respect to software 
     and information systems design, development, and maintenance 
     for the purpose of improving the efficacy of the systems, 
     procedures, and programs described in paragraph (1).

     SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION.

       Not later than 30 days after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate written notification of the 
     actions the Secretary is taking to ensure, to the greatest 
     extent practicable, that each application for registration 
     under section 13902 of title 49, United States Code, is 
     processed not later than 30 days after the date on which the 
     application is received by the Secretary.

     SEC. 5508. REPORT ON COMMERCIAL DRIVER'S LICENSE SKILLS TEST 
                   DELAYS.

       Not later than 1 year after the date of enactment of this 
     Act, and each year thereafter, the Administrator of the 
     Federal Motor Carrier Safety Administration shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that--
       (1) describes, for each State, the status of skills testing 
     for applicants for a commercial driver's license, including--
       (A) the average wait time, by month and location, from the 
     date an applicant requests to take a skills test to the date 
     the applicant completes such test;
       (B) the average wait time, by month and location, from the 
     date an applicant, upon failure of a skills test, requests a 
     retest to the date the applicant completes such retest;
       (C) the actual number of qualified commercial driver's 
     license examiners, by month and location, available to test 
     applicants; and
       (D) the number of testing sites available through the State 
     department of motor vehicles and whether this number has 
     increased or decreased from the previous year; and
       (2) describes specific steps that the Administrator is 
     taking to address skills testing delays in States that have 
     average skills test or retest wait times of more than 7 days 
     from the date an applicant requests to test or retest to the 
     date the applicant completes such test or retest.

     SEC. 5509. COVERED FARM VEHICLES.

       Section 32934(b)(1) of MAP-21 (49 U.S.C. 31136 note) is 
     amended by striking ``from'' and all that follows through the 
     period at end and inserting the following: ``from--
       ``(A) a requirement described in subsection (a) or a 
     compatible State requirement; or
       ``(B) any other minimum standard provided by a State 
     relating to the operation of that vehicle.''.

     SEC. 5510. OPERATORS OF HI-RAIL VEHICLES.

       (a) In General.--In the case of a commercial motor vehicle 
     driver subject to the hours of service requirements in part 
     395 of title 49, Code of Federal Regulations, who is driving 
     a hi-rail vehicle, the maximum on duty time under section 
     395.3 of such title for such driver shall not include time in 
     transportation to or from a duty assignment if such time in 
     transportation--
       (1) does not exceed 2 hours per calendar day or a total of 
     30 hours per calendar month; and
       (2) is fully and accurately accounted for in records to be 
     maintained by the motor carrier and such records are made 
     available upon request of the Federal Motor Carrier Safety 
     Administration or the Federal Railroad Administration.
       (b) Emergency.--In the case of a train accident, an act of 
     God, a train derailment, or a major equipment failure or 
     track condition that prevents a train from advancing, a 
     driver described in subsection (a) may complete a run without 
     being in violation of the provisions of part 395 of title 49, 
     Code of Federal Regulations.
       (c) Hi-Rail Vehicle Defined.--In this section, the term 
     ``hi-rail vehicle'' has the meaning given the term in section 
     214.7 of title 49, Code of Federal Regulations, as in effect 
     on the date of enactment of this Act.

     SEC. 5511. ELECTRONIC LOGGING DEVICE REQUIREMENTS.

       Section 31137(b) of title 49, United States Code, is 
     amended--
       (1) in paragraph (1)(C) by striking ``apply to'' and 
     inserting ``except as provided in paragraph (3), apply to''; 
     and
       (2) by adding at the end the following:
       ``(3) Exception.--A motor carrier, when transporting a 
     motor home or recreation vehicle trailer within the 
     definition of the term `driveaway-towaway operation' (as 
     defined in section 390.5 of title 49, Code of Federal 
     Regulations), may comply with the hours of service 
     requirements by requiring each driver to use--
       ``(A) a paper record of duty status form; or
       ``(B) an electronic logging device.''.

     SEC. 5512. TECHNICAL CORRECTIONS.

       (a) Title 49.--Title 49, United States Code, is amended as 
     follows:
       (1) Section 13902(i)(2) is amended by inserting ``except 
     as'' before ``described''.
       (2) Section 13903(d) is amended by striking ``(d) 
     Registration as Motor Carrier Required.--'' and all that 
     follows through ``(1) In general.--A freight forwarder'' and 
     inserting ``(d) Registration as Motor Carrier Required.--A 
     freight forwarder''.
       (3) Section 13905(d)(2)(D) is amended--
       (A) by striking ``the Secretary finds that--'' and all that 
     follows through ``(i) the motor carrier,'' and inserting 
     ``the Secretary finds that the motor carrier,''; and
       (B) by adding a period at the end.
       (4) Section 14901(h) is amended by striking ``Household 
     Goods'' in the heading.
       (5) Section 14916 is amended by striking the section 
     designation and heading and inserting the following:

     ``Sec. 14916. Unlawful brokerage activities''.

       (b) MAP-21.--Effective as of July 6, 2012, and as if 
     included therein as enacted, MAP-21 (Public Law 112-141) is 
     amended as follows:
       (1) Section 32108(a)(4) (126 Stat. 782) is amended by 
     inserting ``for'' before ``each additional day'' in the 
     matter proposed to be struck.
       (2) Section 32301(b)(3) (126 Stat. 786) is amended by 
     striking ``by amending (a) to read as follows:'' and 
     inserting ``by striking subsection (a) and inserting the 
     following:''.
       (3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by 
     striking ``section 32303(c)(1)'' and inserting ``section 
     32302(c)(1)''.
       (4) Section 32921(b) (126 Stat. 828) is amended, in the 
     matter to be inserted, by striking ``(A) In addition'' and 
     inserting the following:
       ``(A) In general.--In addition''.
       (5) Section 32931(c) (126 Stat. 829) is amended--
       (A) by striking ``Secretary'' and inserting ``Secretary of 
     Transportation'' in the matter to be struck; and
       (B) by striking ``Secretary'' and inserting ``Secretary of 
     Transportation'' in the matter to be inserted.
       (c) Motor Carrier Safety Improvement Act of 1999.--Section 
     229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 
     (49 U.S.C. 31136 note) is amended by inserting ``of title 49, 
     United States Code,'' after ``sections 31136 and 31502''.

     SEC. 5513. AUTOMOBILE TRANSPORTER.

       Section 31111(b)(1) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (E) by striking ``or'' at the end;
       (2) in subparagraph (F) by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(G) imposes a vehicle length limitation of less than 80 
     feet on a stinger-steered automobile transporter with a front 
     overhang of less than 4 feet and a rear overhang of less than 
     6 feet.''.

     SEC. 5514. READY MIX CONCRETE DELIVERY VEHICLES.

       Section 31502 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(f) Ready Mixed Concrete Delivery Vehicles.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, regulations issued under this section or section 31136 
     (including section 1(e)(1)(ii) of part 395 of title 49, Code 
     of Federal Regulations) regarding reporting, recordkeeping, 
     or documentation of duty status, shall not apply to any 
     driver of a ready mixed concrete delivery vehicle if--
       ``(A) the driver operates within a 100 air-mile radius of 
     the normal work reporting location;
       ``(B) the driver returns to the work reporting location and 
     is released from work within 14 consecutive hours;
       ``(C) the driver has at least 10 consecutive hours off duty 
     following each 14 hours on duty;
       ``(D) the driver does not exceed 11 hours maximum driving 
     time following 10 consecutive hours off duty; and
       ``(E) the motor carrier that employs the driver maintains 
     and retains for a period of 6 months accurate and true time 
     records that show--
       ``(i) the time the driver reports for duty each day;
       ``(ii) the total number of hours the driver is on duty each 
     day;
       ``(iii) the time the driver is released from duty each day; 
     and
       ``(iv) the total time for the preceding driving week the 
     driver is used for the first time or intermittently.
       ``(2) Definition.--In this section, the term `driver of 
     ready mixed concrete delivery vehicle' means a driver of a 
     vehicle designed to deliver ready mixed concrete on a daily 
     basis and is equipped with a mechanism under which the 
     vehicle's propulsion engine provides the power to operate a 
     mixer drum to agitate and mix the product en route to the 
     delivery site.''.

                          TITLE VI--INNOVATION

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Transportation for 
     Tomorrow Act of 2015''.

     SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following amounts are authorized to be 
     appropriated out of the

[[Page H7565]]

     Highway Trust Fund (other than the Mass Transit Account):
       (1) Highway research and development program.--To carry out 
     section 503(b) of title 23, United States Code, $125,000,000 
     for each of fiscal years 2016 through 2021.
       (2) Technology and innovation deployment program.--To carry 
     out section 503(c) of title 23, United States Code--
       (A) $67,000,000 for fiscal year 2016;
       (B) $67,500,000 for fiscal year 2017;
       (C) $67,500,000 for fiscal year 2018;
       (D) $67,500,000 for fiscal year 2019;
       (E) $67,500,000 for fiscal year 2020; and
       (F) $67,500,000 for fiscal year 2021.
       (3) Training and education.--To carry out section 504 of 
     title 23, United States Code $24,000,000 for each of fiscal 
     years 2016 through 2021.
       (4) Intelligent transportation systems program.--To carry 
     out sections 512 through 518 of title 23, United States Code 
     $100,000,000 for each of fiscal years 2016 through 2021.
       (5) University transportation centers program.--To carry 
     out section 5505 of title 49, United States Code--
       (A) $72,500,000 for fiscal year 2016;
       (B) $75,000,000 for fiscal year 2017;
       (C) $75,000,000 for fiscal year 2018;
       (D) $77,500,000 for fiscal year 2019;
       (E) $77,500,000 for fiscal year 2020; and
       (F) $77,500,000 for fiscal year 2021.
       (6) Bureau of transportation statistics.--To carry out 
     chapter 63 of title 49, United States Code, $26,000,000 for 
     each of fiscal years 2016 through 2021.
       (b) Applicability of Title 23, United States Code.--Funds 
     authorized to be appropriated by subsection (a) shall--
       (1) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share of the cost 
     of a project or activity carried out using those funds shall 
     be 80 percent, unless otherwise expressly provided by this 
     Act (including the amendments by this Act) or otherwise 
     determined by the Secretary; and
       (2) remain available until expended and not be 
     transferable, except as otherwise provided in this Act.

     SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT 
                   TECHNOLOGIES DEPLOYMENT.

       Section 503(c) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(4) Advanced transportation technologies deployment.--
       ``(A) In general.--Not later than 6 months after the date 
     of enactment of this paragraph, the Secretary shall establish 
     an advanced transportation and congestion management 
     technologies deployment initiative to provide grants to 
     eligible entities to develop model deployment sites for large 
     scale installation and operation of advanced transportation 
     technologies to improve safety, efficiency, system 
     performance, and infrastructure return on investment.
       ``(B) Criteria.--The Secretary shall develop criteria for 
     selection of an eligible entity to receive a grant under this 
     paragraph, including how the deployment of technology will--
       ``(i) reduce costs and improve return on investments, 
     including through the enhanced use of existing transportation 
     capacity;
       ``(ii) deliver environmental benefits that alleviate 
     congestion and streamline traffic flow;
       ``(iii) measure and improve the operational performance of 
     the applicable transportation network;
       ``(iv) reduce the number and severity of traffic crashes 
     and increase driver, passenger, and pedestrian safety;
       ``(v) collect, disseminate, and use real-time traffic, 
     transit, parking, and other transportation-related 
     information to improve mobility, reduce congestion, and 
     provide for more efficient and accessible transportation;
       ``(vi) monitor transportation assets to improve 
     infrastructure management, reduce maintenance costs, 
     prioritize investment decisions, and ensure a state of good 
     repair;
       ``(vii) deliver economic benefits by reducing delays, 
     improving system performance, and providing for the efficient 
     and reliable movement of goods and services; or
       ``(viii) accelerate the deployment of vehicle-to-vehicle, 
     vehicle-to-infrastructure, autonomous vehicles, and other 
     technologies.
       ``(C) Applications.--
       ``(i) Request.--Not later than 6 months after the date of 
     enactment of this paragraph, and for every fiscal year 
     thereafter, the Secretary shall request applications in 
     accordance with clause (ii).
       ``(ii) Contents.--An application submitted under this 
     subparagraph shall include the following:

       ``(I) Plan.--A plan to deploy and provide for the long-term 
     operation and maintenance of advanced transportation and 
     congestion management technologies to improve safety, 
     efficiency, system performance, and return on investment.
       ``(II) Objectives.--Quantifiable system performance 
     improvements, such as--

       ``(aa) reducing traffic-related crashes, congestion, and 
     costs;
       ``(bb) optimizing system efficiency; and
       ``(cc) improving access to transportation services.

       ``(III) Results.--Quantifiable safety, mobility, and 
     environmental benefit projections such as data-driven 
     estimates of how the project will improve the region's 
     transportation system efficiency and reduce traffic 
     congestion.
       ``(IV) Partnerships.--A plan for partnering with the 
     private sector or public agencies, including multimodal and 
     multijurisdictional entities, research institutions, 
     organizations representing transportation and technology 
     leaders, or other transportation stakeholders.
       ``(V) Leveraging.--A plan to leverage and optimize existing 
     local and regional advanced transportation technology 
     investments.

       ``(D) Grant selection.--
       ``(i) Grant awards.--Not later than 1 year after the date 
     of enactment of this paragraph, and for every fiscal year 
     thereafter, the Secretary shall award grants to not less than 
     5 and not more than 8 eligible entities.
       ``(ii) Geographic diversity.--In awarding a grant under 
     this paragraph, the Secretary shall ensure, to the extent 
     practicable, that grant recipients represent diverse 
     geographic areas of the United States.
       ``(E) Use of grant funds.--A grant recipient may use funds 
     awarded under this paragraph to deploy advanced 
     transportation and congestion management technologies, 
     including--
       ``(i) advanced traveler information systems;
       ``(ii) advanced transportation management technologies;
       ``(iii) infrastructure maintenance, monitoring, and 
     condition assessment;
       ``(iv) advanced public transportation systems;
       ``(v) transportation system performance data collection, 
     analysis, and dissemination systems;
       ``(vi) advanced safety systems, including vehicle-to-
     vehicle and vehicle-to-infrastructure communications, 
     technologies associated with autonomous vehicles, and other 
     collision avoidance technologies, including systems using 
     cellular technology;
       ``(vii) integration of intelligent transportation systems 
     with the Smart Grid and other energy distribution and 
     charging systems;
       ``(viii) electronic pricing and payment systems; or
       ``(ix) advanced mobility and access technologies, such as 
     dynamic ridesharing and information systems to support human 
     services for elderly and disabled individuals.
       ``(F) Report to secretary.--Not later than 1 year after an 
     eligible entity receives a grant under this paragraph, and 
     each year thereafter, the entity shall submit a report to the 
     Secretary that describes--
       ``(i) deployment and operational costs of the project 
     compared to the benefits and savings the project provides; 
     and
       ``(ii) how the project has met the original expectations 
     projected in the deployment plan submitted with the 
     application, such as--

       ``(I) data on how the project has helped reduce traffic 
     crashes, congestion, costs, and other benefits of the 
     deployed systems;
       ``(II) data on the effect of measuring and improving 
     transportation system performance through the deployment of 
     advanced technologies;
       ``(III) the effectiveness of providing real-time integrated 
     traffic, transit, and multimodal transportation information 
     to the public to make informed travel decisions; and
       ``(IV) lessons learned and recommendations for future 
     deployment strategies to optimize transportation efficiency 
     and multimodal system performance.

       ``(G) Report.--Not later than 3 years after the date that 
     the first grant is awarded under this paragraph, and each 
     year thereafter, the Secretary shall make available to the 
     public on an Internet Web site a report that describes the 
     effectiveness of grant recipients in meeting their projected 
     deployment plans, including data provided under subparagraph 
     (F) on how the program has--
       ``(i) reduced traffic-related fatalities and injuries;
       ``(ii) reduced traffic congestion and improved travel time 
     reliability;
       ``(iii) reduced transportation-related emissions;
       ``(iv) optimized multimodal system performance;
       ``(v) improved access to transportation alternatives;
       ``(vi) provided the public with access to real-time 
     integrated traffic, transit, and multimodal transportation 
     information to make informed travel decisions;
       ``(vii) provided cost savings to transportation agencies, 
     businesses, and the traveling public; or
       ``(viii) provided other benefits to transportation users 
     and the general public.
       ``(H) Additional grants.--The Secretary may cease to 
     provide additional grant funds to a recipient of a grant 
     under this paragraph if--
       ``(i) the Secretary determines from such recipient's report 
     that the recipient is not carrying out the requirements of 
     the grant; and
       ``(ii) the Secretary provides written notice 60 days prior 
     to withholding funds to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate.
       ``(I) Funding.--
       ``(i) In general.--From funds made available to carry out 
     section 503(b), this subsection, and sections 512 through 
     518, the Secretary shall set aside for grants awarded under 
     subparagraph (D) $75,000,000 for each of fiscal years 2016 
     through 2021.

[[Page H7566]]

       ``(ii) Expenses for the secretary.--Of the amounts set 
     aside under clause (i), the Secretary may set aside 
     $2,000,000 each fiscal year for program reporting, 
     evaluation, and administrative costs related to this 
     paragraph.
       ``(J) Federal share.--The Federal share of the cost of a 
     project for which a grant is awarded under this subsection 
     shall not exceed 50 percent of the cost of the project.
       ``(K) Grant limitation.--The Secretary may not award more 
     than 20 percent of the amount described under subparagraph 
     (I) in a fiscal year to a single grant recipient.
       ``(L) Expenses for grant recipients.--A grant recipient 
     under this paragraph may use not more than 5 percent of the 
     funds awarded each fiscal year to carry out planning and 
     reporting requirements.
       ``(M) Grant flexibility.--
       ``(i) In general.--If, by August 1 of each fiscal year, the 
     Secretary determines that there are not enough grant 
     applications that meet the requirements described in 
     subparagraph (C) to carry out this section for a fiscal year, 
     the Secretary shall transfer to the programs specified in 
     clause (ii)--

       ``(I) any of the funds reserved for the fiscal year under 
     subparagraph (I) that the Secretary has not yet awarded under 
     this paragraph; and
       ``(II) an amount of obligation limitation equal to the 
     amount of funds that the Secretary transfers under subclause 
     (I).

       ``(ii) Programs.--The programs referred to in clause (i) 
     are--

       ``(I) the program under section 503(b);
       ``(II) the program under section 503(c); and
       ``(III) the programs under sections 512 through 518.

       ``(iii) Distribution.--Any transfer of funds and obligation 
     limitation under clause (i) shall be divided among the 
     programs referred to in that clause in the same proportions 
     as the Secretary originally reserved funding from the 
     programs for the fiscal year under subparagraph (I).
       ``(N) Definitions.--In this paragraph, the following 
     definitions apply:
       ``(i) Eligible entity.--The term `eligible entity' means a 
     State or local government, a transit agency, metropolitan 
     planning organization representing a population of over 
     200,000, or other political subdivision of a State or local 
     government or a multijurisdictional group or a consortia of 
     research institutions or academic institutions.
       ``(ii) Advanced and congestion management transportation 
     technologies.--The term `advanced transportation and 
     congestion management technologies' means technologies that 
     improve the efficiency, safety, or state of good repair of 
     surface transportation systems, including intelligent 
     transportation systems.
       ``(iii) Multijurisdictional group.--The term 
     `multijurisdictional group' means a any combination of State 
     governments, locals governments, metropolitan planning 
     agencies, transit agencies, or other political subdivisions 
     of a State for which each member of the group--

       ``(I) has signed a written agreement to implement the 
     advanced transportation technologies deployment initiative 
     across jurisdictional boundaries; and
       ``(II) is an eligible entity under this paragraph.''.

     SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

       Section 503(c)(3) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (C) by striking ``2013 through 2014'' 
     and inserting ``2016 through 2021''; and
       (2) by adding at the end the following:
       ``(D) Publication.--The Secretary shall make available to 
     the public on an Internet Web site on an annual basis a 
     report on the cost and benefits from deployment of new 
     technology and innovations that substantially and directly 
     resulted from the program established under this paragraph. 
     The report may include an analysis of--
       ``(i) Federal, State, and local cost savings;
       ``(ii) project delivery time improvements;
       ``(iii) reduced fatalities; and
       ``(iv) congestion impacts.''.

     SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.

       Section 514(a) of title 23, United States Code, is 
     amended--
       (1) in paragraph (4) by striking ``and'' at the end;
       (2) in paragraph (5) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) enhancement of the national freight system and 
     support to national freight policy goals by conducting heavy 
     duty vehicle demonstration activities and accelerating 
     adoption of intelligent transportation system applications in 
     freight operations.''.

     SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.

       Section 515(h)(4) of title 23, United States Code, is 
     amended--
       (1) by striking ``February 1 of each year after the date of 
     enactment of the Transportation Research and Innovative 
     Technology Act of 2012'' and inserting ``May 1 of each 
     year''; and
       (2) by striking ``submit to Congress'' and inserting ``make 
     available to the public on a Department of Transportation Web 
     site''.

     SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL 
                   ARCHITECTURE AND STANDARDS.

       Section 517(a)(3) of title 23, United States Code, is 
     amended by striking ``memberships are comprised of, and 
     represent,'' and inserting ``memberships include 
     representatives of''.

     SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.

       Section 518(a) of title 23, United States Code, is amended 
     by striking ``Not later than 3'' and all that follows through 
     ``House of Representatives'' and inserting ``Not later than 
     July 6, 2016, the Secretary shall make available to the 
     public on a Department of Transportation Web site a report''.

     SEC. 6009. INFRASTRUCTURE DEVELOPMENT.

       (a) In General.--Chapter 5 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 519. Infrastructure development

       ``Funds made available to carry out this chapter for 
     operational tests--
       ``(1) shall be used primarily for the development of 
     intelligent transportation system infrastructure, equipment, 
     and systems; and
       ``(2) to the maximum extent practicable, shall not be used 
     for the construction of physical surface transportation 
     infrastructure unless the construction is incidental and 
     critically necessary to the implementation of an intelligent 
     transportation system project.''.
       (b) Technical and Conforming Amendments.--
       (1) Clerical amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by adding at the end 
     the following new item:

``519. Infrastructure development.''.

       (2) Technical amendment.--The item relating to section 512 
     in the analysis for chapter 5 of title 23, United States 
     Code, is amended to read as follows:

``512. National ITS program plan.''.

     SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS.

       (a) Assistant Secretary for Research and Technology.--
     Section 102(e) of title 49, United States Code, is amended--
       (1) in paragraph (1) by striking ``5'' and inserting ``6''; 
     and
       (2) in paragraph (1)(A) by inserting ``an Assistant 
     Secretary for Research and Technology,'' after ``Governmental 
     Affairs,''.
       (b) Research Activities.--Section 330 of title 49, United 
     States Code, is amended--
       (1) in the section heading by striking ``contracts'' and 
     inserting ``activities'';
       (2) in subsection (a) by striking ``The Secretary of'' and 
     inserting ``In General.--The Secretary of'';
       (3) in subsection (b) by striking ``In carrying'' and 
     inserting ``Responsibilities.--In carrying'';
       (4) in subsection (c) by striking ``The Secretary'' and 
     inserting ``Publications.--The Secretary''; and
       (5) by adding at the end the following:
       ``(d) Duties.--The Secretary shall provide for the 
     following:
       ``(1) Coordination, facilitation, and review of Department 
     of Transportation research and development programs and 
     activities.
       ``(2) Advancement, and research and development, of 
     innovative technologies, including intelligent transportation 
     systems.
       ``(3) Comprehensive transportation statistics research, 
     analysis, and reporting.
       ``(4) Education and training in transportation and 
     transportation-related fields.
       ``(5) Activities of the Volpe National Transportation 
     Systems Center.
       ``(6) Coordination in support of multimodal and 
     multidisciplinary research activities.
       ``(e) Additional Authorities.--The Secretary may--
       ``(1) enter into grants and cooperative agreements with 
     Federal agencies, State and local government agencies, other 
     public entities, private organizations, and other persons to 
     conduct research into transportation service and 
     infrastructure assurance and to carry out other research 
     activities of the Department of Transportation;
       ``(2) carry out, on a cost-shared basis, collaborative 
     research and development to encourage innovative solutions to 
     multimodal transportation problems and stimulate the 
     deployment of new technology with--
       ``(A) non-Federal entities, including State and local 
     governments, foreign governments, institutions of higher 
     education, corporations, institutions, partnerships, sole 
     proprietorships, and trade associations that are incorporated 
     or established under the laws of any State;
       ``(B) Federal laboratories; and
       ``(C) other Federal agencies; and
       ``(3) directly initiate contracts, grants, cooperative 
     research and development agreements (as defined in section 12 
     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 
     Academies, State departments of transportation, cities, 
     counties, institutions of higher education, associations, and 
     the agents of those entities to carry out joint 
     transportation research and technology efforts.
       ``(f) Federal Share.--
       ``(1) In general.--Subject to paragraph (2), the Federal 
     share of the cost of an activity carried out under subsection 
     (e)(3) shall not exceed 50 percent.
       ``(2) Exception.--If the Secretary determines that the 
     activity is of substantial public interest or benefit, the 
     Secretary may approve a greater Federal share.
       ``(3) Non-federal share.--All costs directly incurred by 
     the non-Federal partners, including personnel, travel, 
     facility, and hardware development costs, shall be credited 
     toward the non-Federal share of the cost of an activity 
     described in subsection (e)(3).
       ``(g) Program Evaluation and Oversight.--For each of fiscal 
     years 2016 through

[[Page H7567]]

     2021, the Secretary is authorized to expend not more than 1 
     and a half percent of the amounts authorized to be 
     appropriated for the coordination, evaluation, and oversight 
     of the programs administered by the Office of the Assistant 
     Secretary for Research and Technology.
       ``(h) Use of Technology.--The research, development, or use 
     of a technology under a contract, grant, cooperative research 
     and development agreement, or other agreement entered into 
     under this section, including the terms under which the 
     technology may be licensed and the resulting royalties may be 
     distributed, shall be subject to the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
       ``(i) Waiver of Advertising Requirements.--Section 6101 of 
     title 41 shall not apply to a contract, grant, or other 
     agreement entered into under this section.''.
       (c) Clerical Amendment.--The item relating to section 330 
     in the analysis of chapter 3 of title 49, United States Code, 
     is amended to read as follows:

``330. Research activities.''.

       (d) Technical and Conforming Amendments.--
       (1) Title 5 amendments.--
       (A) Positions at level ii.--Section 5313 of title 5, United 
     States Code, is amended by striking ``The Under Secretary of 
     Transportation for Security.''.
       (B) Positions at level iv.--Section 5315 of title 5, United 
     States Code, is amended in the undesignated item relating to 
     Assistant Secretaries of Transportation by striking ``(4)'' 
     and inserting ``(5)''.
       (C) Positions at level v.--Section 5316 of title 5, United 
     States Code, is amended by striking ``Associate Deputy 
     Secretary, Department of Transportation.''.
       (2) Bureau of transportation statistics.--Section 6302(a) 
     of title 49, United States Code, is amended to read as 
     follows:
       ``(a) In General.--There shall be within the Department of 
     Transportation the Bureau of Transportation Statistics.''.

     SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.

       (a) Repeal.--Section 112 of title 49, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 112.

     SEC. 6012. OFFICE OF INTERMODALISM.

       (a) Repeal.--Section 5503 of title 49, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The analysis for chapter 55 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 5503.

     SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS.

       Section 5505 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5505. University transportation centers program

       ``(a) University Transportation Centers Program.--
       ``(1) Establishment and operation.--The Secretary shall 
     make grants under this section to eligible nonprofit 
     institutions of higher education to establish and operate 
     university transportation centers.
       ``(2) Role of centers.--The role of each university 
     transportation center referred to in paragraph (1) shall be--
       ``(A) to advance transportation expertise and technology in 
     the varied disciplines that comprise the field of 
     transportation through education, research, and technology 
     transfer activities;
       ``(B) to provide for a critical transportation knowledge 
     base outside of the Department of Transportation; and
       ``(C) to address critical workforce needs and educate the 
     next generation of transportation leaders.
       ``(b) Competitive Selection Process.--
       ``(1) Applications.--To receive a grant under this section, 
     a consortium of nonprofit institutions of higher education 
     shall submit to the Secretary an application that is in such 
     form and contains such information as the Secretary may 
     require.
       ``(2) Limitation.--A lead institution of a consortium of 
     nonprofit institutions of higher education, as applicable, 
     may only submit 1 grant application per fiscal year for each 
     of the transportation centers described under paragraphs (2), 
     (3), and (4) of subsection (c).
       ``(3) Coordination.--The Secretary shall solicit grant 
     applications for national transportation centers, regional 
     transportation centers, and Tier 1 university transportation 
     centers with identical advertisement schedules and deadlines.
       ``(4) General selection criteria.--
       ``(A) In general.--Except as otherwise provided by this 
     section, the Secretary shall award grants under this section 
     in nonexclusive candidate topic areas established by the 
     Secretary that address the research priorities identified in 
     section 503 of title 23.
       ``(B) Criteria.--The Secretary, in consultation with the 
     Assistant Secretary for Research and Technology and the 
     Administrator of the Federal Highway Administration, shall 
     select each recipient of a grant under this section through a 
     competitive process based on the assessment of the Secretary 
     relating to--
       ``(i) the demonstrated ability of the recipient to address 
     each specific topic area described in the research and 
     strategic plans of the recipient;
       ``(ii) the demonstrated research, technology transfer, and 
     education resources available to the recipient to carry out 
     this section;
       ``(iii) the ability of the recipient to provide leadership 
     in solving immediate and long-range national and regional 
     transportation problems;
       ``(iv) the ability of the recipient to carry out research, 
     education, and technology transfer activities that are 
     multimodal and multidisciplinary in scope;
       ``(v) the demonstrated commitment of the recipient to carry 
     out transportation workforce development programs through--

       ``(I) degree-granting programs or programs that provide 
     other industry-recognized credentials; and
       ``(II) outreach activities to attract new entrants into the 
     transportation field, including women and underrepresented 
     populations;

       ``(vi) the demonstrated ability of the recipient to 
     disseminate results and spur the implementation of 
     transportation research and education programs through 
     national or statewide continuing education programs;
       ``(vii) the demonstrated commitment of the recipient to the 
     use of peer review principles and other research best 
     practices in the selection, management, and dissemination of 
     research projects;
       ``(viii) the strategic plan submitted by the recipient 
     describing the proposed research to be carried out by the 
     recipient and the performance metrics to be used in assessing 
     the performance of the recipient in meeting the stated 
     research, technology transfer, education, and outreach goals; 
     and
       ``(ix) the ability of the recipient to implement the 
     proposed program in a cost-efficient manner, such as through 
     cost sharing and overall reduced overhead, facilities, and 
     administrative costs.
       ``(5) Transparency.--
       ``(A) In general.--The Secretary shall provide to each 
     applicant, upon request, any materials, including copies of 
     reviews (with any information that would identify a reviewer 
     redacted), used in the evaluation process of the proposal of 
     the applicant.
       ``(B) Reports.--The Secretary shall submit to the 
     Committees on Transportation and Infrastructure and Science, 
     Space, and Technology of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report describing the overall review process under paragraph 
     (3) that includes--
       ``(i) specific criteria of evaluation used in the review;
       ``(ii) descriptions of the review process; and
       ``(iii) explanations of the selected awards.
       ``(6) Outside stakeholders.--The Secretary shall, to the 
     maximum extent practicable, consult external stakeholders 
     such as the Transportation Research Board of the National 
     Research Council of the National Academies to evaluate and 
     competitively review all proposals.
       ``(c) Grants.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, Assistant Secretary 
     for Research and Technology, and the Administrator of the 
     Federal Highway Administration shall select grant recipients 
     under subsection (b) and make grant amounts available to the 
     selected recipients.
       ``(2) National transportation centers.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall provide grants to 5 consortia that the 
     Secretary determines best meet the criteria described in 
     subsection (b)(4).
       ``(B) Restrictions.--
       ``(i) In general.--For each fiscal year, a grant made 
     available under this paragraph shall be not greater than 
     $4,000,000 and not less than $2,000,000 per recipient.
       ``(ii) Focused research.--A consortium receiving a grant 
     under this paragraph shall focus research on 1 of the 
     transportation issue areas specified in section 508(a)(2) of 
     title 23.
       ``(C) Matching requirement.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 100 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) of title 23; or
       ``(II) section 505 of title 23.

       ``(3) Regional university transportation centers.--
       ``(A) Location of regional centers.--One regional 
     university transportation center shall be located in each of 
     the 10 Federal regions that comprise the Standard Federal 
     Regions established by the Office of Management and Budget in 
     the document entitled `Standard Federal Regions' and dated 
     April 1974 (circular A-105).
       ``(B) Selection criteria.--In conducting a competition 
     under subsection (b), the Secretary shall provide grants to 
     10 consortia on the basis of--
       ``(i) the criteria described in subsection (b)(4);
       ``(ii) the location of the lead center within the Federal 
     region to be served; and
       ``(iii) whether the consortium of institutions demonstrates 
     that the consortium has a well-established, nationally 
     recognized program in transportation research and education, 
     as evidenced by--

       ``(I) recent expenditures by the institution in highway or 
     public transportation research;
       ``(II) a historical track record of awarding graduate 
     degrees in professional fields closely related to highways 
     and public transportation; and

[[Page H7568]]

       ``(III) an experienced faculty who specialize in 
     professional fields closely related to highways and public 
     transportation.

       ``(C) Restrictions.--For each fiscal year, a grant made 
     available under this paragraph shall be not greater than 
     $3,000,000 and not less than $1,500,000 per recipient.
       ``(D) Matching requirements.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 100 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) of title 23; or
       ``(II) section 505 of title 23.

       ``(E) Focused research.--The Secretary shall make a grant 
     to 1 of the 10 regional university transportation centers 
     established under this paragraph for the purpose of 
     furthering the objectives described in subsection (a)(2) in 
     the field of comprehensive transportation safety.
       ``(4) Tier 1 university transportation centers.--
       ``(A) In general.--The Secretary shall provide grants of 
     not greater than $2,000,000 and not less than $1,000,000 to 
     not more than 20 recipients to carry out this paragraph.
       ``(B) Matching requirement.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 50 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) of title 23; or
       ``(II) section 505 of title 23.

       ``(C) Focused research.--In awarding grants under this 
     section, consideration shall be given to minority 
     institutions, as defined by section 365 of the Higher 
     Education Act of 1965 (20 U.S.C. 1067k), or consortia that 
     include such institutions that have demonstrated an ability 
     in transportation-related research.
       ``(d) Program Coordination.--
       ``(1) In general.--The Secretary shall--
       ``(A) coordinate the research, education, and technology 
     transfer activities carried out by grant recipients under 
     this section; and
       ``(B) disseminate the results of that research through the 
     establishment and operation of a publicly accessible online 
     information clearinghouse.
       ``(2) Annual review and evaluation.--Not less frequently 
     than annually, and consistent with the plan developed under 
     section 508 of title 23, the Secretary shall--
       ``(A) review and evaluate the programs carried out under 
     this section by grant recipients; and
       ``(B) submit to the Committees on Transportation and 
     Infrastructure and Science, Space, and Technology of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report describing that review 
     and evaluation.
       ``(3) Program evaluation and oversight.--For each of fiscal 
     years 2016 through 2021, the Secretary shall expend not more 
     than 1 and a half percent of the amounts made available to 
     the Secretary to carry out this section for any coordination, 
     evaluation, and oversight activities of the Secretary under 
     this section.
       ``(e) Limitation on Availability of Amounts.--Amounts made 
     available to the Secretary to carry out this section shall 
     remain available for obligation by the Secretary for a period 
     of 3 years after the last day of the fiscal year for which 
     the amounts are authorized.
       ``(f) Information Collection.--Any survey, questionnaire, 
     or interview that the Secretary determines to be necessary to 
     carry out reporting requirements relating to any program 
     assessment or evaluation activity under this section, 
     including customer satisfaction assessments, shall not be 
     subject to chapter 35 of title 44.''.

     SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS.

       (a) Bureau of Transportation Statistics.--Section 
     6302(b)(3)(B) of title 49, United States Code, is amended--
       (1) in clause (vi)(III) by striking ``section 6310'' and 
     inserting ``section 6309'';
       (2) by redesignating clauses (vii), (viii), (ix), and (x) 
     as clauses (x), (xi), (xii), and (xiii), respectively; and
       (3) by inserting after clause (vi) the following:
       ``(vii) develop and improve transportation economic 
     accounts to meet demand for methods for estimating the 
     economic value of transportation infrastructure, investment, 
     and services;
       ``(viii) not be required to obtain the approval of any 
     other officer or employee of the Department in connection 
     with the collection or analysis of any information;
       ``(ix) not be required, prior to publication, to obtain the 
     approval of any other officer or employee of the Federal 
     Government with respect to the substance of any statistical 
     technical reports or press releases that the Director has 
     prepared in accordance with the law;''.
       (b) Technical Amendment.--Section 6311(5) of title 49, 
     United States Code, is amended by striking ``section 6310'' 
     and inserting ``section 6309''.

     SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING 
                   ALTERNATIVES.

       (a) In General.--The Secretary shall establish a program to 
     provide grants to States to demonstrate user-based 
     alternative revenue mechanisms that utilize a user fee 
     structure to maintain the long-term solvency of the Highway 
     Trust Fund.
       (b) Application.--To be eligible for a grant under this 
     section, a State or group of States shall submit to the 
     Secretary an application in such form and containing such 
     information as the Secretary may require.
       (c) Objectives.--The Secretary shall ensure that the 
     activities carried out using funds provided under this 
     section meet the following objectives:
       (1) To test the design, acceptance, and implementation of 2 
     or more future user-based alternative revenue mechanisms.
       (2) To improve the functionality of such user-based 
     alternative revenue mechanisms.
       (3) To conduct outreach to increase public awareness 
     regarding the need for alternative funding sources for 
     surface transportation programs and to provide information on 
     possible approaches.
       (4) To provide recommendations regarding adoption and 
     implementation of user-based alternative revenue mechanisms.
       (5) To minimize the administrative cost of any potential 
     user-based alternative revenue mechanisms.
       (d) Use of Funds.--A State or group of States receiving 
     funds under this section to test the design, acceptance, and 
     implementation of a user-based alternative revenue 
     mechanism--
       (1) shall address--
       (A) the implementation, interoperability, public 
     acceptance, and other potential hurdles to the adoption of 
     the user-based alternative revenue mechanism;
       (B) the protection of personal privacy;
       (C) the use of independent and private third-party vendors 
     to collect fees and operate the user-based alternative 
     revenue mechanism;
       (D) market-based congestion mitigation, if appropriate;
       (E) equity concerns, including the impacts of the user-
     based alternative revenue mechanism on differing income 
     groups, various geographic areas, and the relative burdens on 
     rural and urban drivers;
       (F) ease of compliance for different users of the 
     transportation system; and
       (G) the reliability and security of technology used to 
     implement the user-based alternative revenue mechanism; and
       (2) may address--
       (A) the flexibility and choices of user-based alternative 
     revenue mechanisms, including the ability of users to select 
     from various technology and payment options;
       (B) the cost of administering the user-based alternative 
     revenue mechanism; and
       (C) the ability of the administering entity to audit and 
     enforce user compliance.
       (e) Consideration.--The Secretary shall consider geographic 
     diversity in awarding grants under this section.
       (f) Limitations on Revenue Collected.--Any revenue 
     collected through a user-based alternative revenue mechanism 
     established using funds provided under this section shall not 
     be considered a toll under section 301 of title 23, United 
     States Code.
       (g) Federal Share.--The Federal share of the cost of an 
     activity carried out under this section may not exceed 50 
     percent of the total cost of the activity.
       (h) Report to Secretary.--Not later than 1 year after the 
     date on which the first eligible entity receives a grant 
     under this section, and each year thereafter, each recipient 
     of a grant under this section shall submit to the Secretary a 
     report that describes--
       (1) how the demonstration activities carried out with grant 
     funds meet the objectives described in subsection (c); and
       (2) lessons learned for future deployment of alternative 
     revenue mechanisms that utilize a user fee structure.
       (i) Biennial Reports.--Not later than 2 years after the 
     date of enactment of this Act, and every 2 years thereafter 
     until the completion of the demonstration activities under 
     this section, the Secretary shall make available to the 
     public on an Internet Web site a report describing the 
     progress of the demonstration activities.
       (j) Funding.--Of the funds authorized to carry out section 
     503(b) of title 23, United States Code--
       (1) $15,000,000 shall be used to carry out this section for 
     fiscal year 2016; and
       (2) $20,000,000 shall be used to carry out this section for 
     each of fiscal years 2017 through 2021.
       (k) Grant Flexibility.--If, by August 1 of each fiscal 
     year, the Secretary determines that there are not enough 
     grant applications that meet the requirements of this section 
     for a fiscal year, Secretary shall transfer to the program 
     under section 503(b) of title 23, United States Code--
       (1) any of the funds reserved for the fiscal year under 
     subsection (j) that the Secretary has not yet awarded under 
     this section; and
       (2) an amount of obligation limitation equal to the amount 
     of funds that the Secretary transfers under paragraph (1).

     SEC. 6016. FUTURE INTERSTATE STUDY.

       (a) Future Interstate System Study.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall enter into an agreement with the Transportation 
     Research Board of the National Academies to conduct a study 
     on the actions needed to upgrade and restore the Dwight D. 
     Eisenhower National System of Interstate and Defense Highways 
     to its role as a premier system that meets the growing and 
     shifting demands of the 21st century.
       (b) Methodologies.--In conducting the study, the 
     Transportation Research Board

[[Page H7569]]

     shall build on the methodologies examined and recommended in 
     the report prepared for the American Association of State 
     Highway and Transportation Officials titled ``National 
     Cooperative Highway Research Program Project 20-24(79): 
     Specifications for a National Study of the Future 3R, 4R, and 
     Capacity Needs of the Interstate System'', dated December 
     2013.
       (c) Contents of Study.--The study--
       (1) shall include specific recommendations regarding the 
     features, standards, capacity needs, application of 
     technologies, and intergovernmental roles to upgrade the 
     Interstate System, including any revisions to law (including 
     regulations) that the Transportation Research Board 
     determines appropriate; and
       (2) is encouraged to build on the institutional knowledge 
     in the highway industry in applying the techniques involved 
     in implementing the study.
       (d) Considerations.--In carrying out the study, the 
     Transportation Research Board shall determine the need for 
     reconstruction and improvement of the Interstate System by 
     considering--
       (1) future demands on transportation infrastructure 
     determined for national planning purposes, including 
     commercial and private traffic flows to serve future economic 
     activity and growth;
       (2) the expected condition of the current Interstate System 
     over the period of 50 years beginning on the date of 
     enactment of this Act, including long-term deterioration and 
     reconstruction needs;
       (3) features that would take advantage of technological 
     capabilities to address modern standards of construction, 
     maintenance, and operations, for purposes of safety, and 
     system management, taking into further consideration system 
     performance and cost; and
       (4) the resources necessary to maintain and improve the 
     Interstate System.
       (e) Consultation.--In carrying out the study, the 
     Transportation Research Board--
       (1) shall convene and consult with a panel of national 
     experts, including operators and users of the Interstate 
     System and private sector stakeholders; and
       (2) is encouraged to consult with--
       (A) the Federal Highway Administration;
       (B) States;
       (C) planning agencies at the metropolitan, State, and 
     regional levels;
       (D) the motor carrier industry;
       (E) freight shippers;
       (F) highway safety groups; and
       (G) other appropriate entities.
       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Transportation Research Board 
     shall make available to the public on an Internet Web site 
     the results of the study conducted under this section.
       (g) Funding.--From funds made available to carry out 
     section 503(b) of title 23, United States Code, the Secretary 
     may use to carry out this section up to $5,000,000 for fiscal 
     year 2016.

     SEC. 6017. HIGHWAY EFFICIENCY.

       (a) Study.--
       (1) In general.--The Assistant Secretary of Transportation 
     for Research and Technology may examine the impact of 
     pavement durability and sustainability on vehicle fuel 
     consumption, vehicle wear and tear, road conditions, and road 
     repairs.
       (2) Methodology.--In carrying out the study, the Assistant 
     Secretary shall--
       (A) conduct a thorough review of relevant peer-reviewed 
     research published during at least the past 5 years;
       (B) analyze impacts of different types of pavement on all 
     motor vehicle types, including commercial vehicles;
       (C) specifically examine the impact of pavement deformation 
     and deflection; and
       (D) analyze impacts of different types of pavement on road 
     conditions and road repairs.
       (3) Consultation.--In carrying out the study, the Assistant 
     Secretary shall consult with--
       (A) experts from the different modal administrations of the 
     Department and from other Federal agencies, including the 
     National Institute of Standards and Technology;
       (B) State departments of transportation;
       (C) local government engineers and public works 
     professionals;
       (D) industry stakeholders; and
       (E) appropriate academic experts active in the field.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Assistant Secretary shall publish 
     on a public Web site the results of the study.
       (2) Contents.--The report shall include--
       (A) a summary of the different types of pavements analyzed 
     in the study and the impacts of pavement durability and 
     sustainability on vehicle fuel consumption, vehicle wear and 
     tear, road conditions, and road repairs; and
       (B) recommendations for State and local governments on best 
     practice methods for improving pavement durability and 
     sustainability to maximize vehicle fuel economy, ride 
     quality, and road conditions and to minimize the need for 
     road and vehicle repairs.

     SEC. 6018. MOTORCYCLE SAFETY.

       (a) Study.--The Assistant Secretary for Research and 
     Technology of the Department of Transportation may enter into 
     an agreement, within 45 days after the date of enactment of 
     this Act, with the National Academy of Sciences to conduct a 
     study on the most effective means of preventing motorcycle 
     crashes.
       (b) Publication.--The Assistant Secretary may make 
     available the findings on a public Web site within 30 days 
     after receiving the results of the study from the National 
     Academy of Sciences.

     SEC. 6019. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.

       Section 5118 of title 49, United States Code, is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A) by striking ``and'' at the end;
       (B) in subparagraph (B) by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) coordinate, as appropriate, with other Federal 
     agencies.''; and
       (2) by adding at the end the following new subsection:
       ``(c) Cooperative Research.--
       ``(1) In general.--As part of the program established in 
     subsection (a), the Secretary may carry out cooperative 
     research on hazardous materials transport.
       ``(2) National academies.--The Secretary may enter into an 
     agreement with the National Academies to support such 
     research.
       ``(3) Research.--Research conducted under this subsection 
     may include activities related to--
       ``(A) emergency planning and response, including 
     information and programs that can be readily assessed and 
     implemented in local jurisdictions;
       ``(B) risk analysis and perception and data assessment;
       ``(C) commodity flow data, including voluntary 
     collaboration between shippers and first responders for 
     secure data exchange of critical information;
       ``(D) integration of safety and security;
       ``(E) cargo packaging and handling;
       ``(F) hazmat release consequences; and
       ``(G) materials and equipment testing.''.

     SEC. 6020. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.

       Section 5115(a) of title 49, United States Code, is amended 
     by inserting ``, including online curriculum as 
     appropriate,'' after ``a current curriculum of courses''.

     SEC. 6021. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.

       To improve the scientific pursuit and research procedures 
     concerning transportation, the Assistant Secretary for 
     Research and Technology may convene an interagency working 
     group to--
       (1) develop within 1 year after the date of enactment of 
     this Act a national transportation research framework;
       (2) identify opportunities for coordination between the 
     Department and universities and the private sector, and 
     prioritize these opportunities;
       (3) identify and develop a plan to implement best practices 
     for moving transportation research results out of the 
     laboratory and into application; and
       (4) identify and develop a plan to address related 
     workforce development needs.

     SEC. 6022. COLLABORATION AND SUPPORT.

       The Secretary may solicit the support of, and identify 
     opportunities to collaborate with, other Federal research 
     agencies and national laboratories to assist in the effective 
     and efficient pursuit and resolution of research challenges 
     identified by the Secretary.

     SEC. 6023. PRIZE COMPETITIONS.

       Section 502(b)(7) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (D)--
       (A) by inserting ``(such as www.challenge.gov)'' after 
     ``public website'';
       (B) by redesignating clauses (iii) and (iv) as clauses (iv) 
     and (v), respectively;
       (C) by inserting after clause (ii) the following:
       ``(iii) the process for participants to register for the 
     competition;''; and
       (D) in clause (iv) (as redesignated by subparagraph (B)) by 
     striking ``prize'' and inserting ``cash prize purse'';
       (2) in subparagraph (E) by striking ``prize'' both places 
     it appears and inserting ``cash prize purse'';
       (3) by redesignating subparagraphs (F) through (K) as 
     subparagraphs (G) through (L), respectively;
       (4) by inserting after subparagraph (E) the following:
       ``(F) Use of federal facilities; consultation with federal 
     employees.--An individual or entity is not ineligible to 
     receive a cash prize purse under this paragraph as a result 
     of the individual or entity using a Federal facility or 
     consulting with a Federal employee related to the individual 
     or entity's participation in a prize competition under this 
     paragraph unless the same facility or employee is made 
     available to all individuals and entities participating in 
     the prize competition on an equitable basis.'';
       (5) in subparagraph (G) (as redesignated by paragraph (3) 
     of this section)--
       (A) in clause (i)(I) by striking ``competition'' and 
     inserting ``prize competition under this paragraph'';
       (B) in clause (ii)(I)--
       (i) by striking ``participation in a competition'' and 
     inserting ``participation in a prize competition under this 
     paragraph''; and
       (ii) by striking ``competition activities'' and inserting 
     ``prize competition activities''; and
       (C) by adding at the end the following:
       ``(iii) Intellectual property.--

       ``(I) Prohibition on requiring waiver.--The Secretary may 
     not require a participant to waive claims against the 
     Department arising out of the unauthorized use or disclosure

[[Page H7570]]

     by the Department of the intellectual property, trade 
     secrets, or confidential business information of the 
     participant.
       ``(II) Prohibition on government acquisition of 
     intellectual property rights.--The Federal Government may not 
     gain an interest in intellectual property developed by a 
     participant for a prize competition under this paragraph 
     without the written consent of the participant.
       ``(III) Licenses.--The Federal Government may negotiate a 
     license for the use of intellectual property developed by a 
     participant for a prize competition under this paragraph.'';

       (6) in subparagraph (H)(i) (as redesignated by paragraph 
     (3) of this section) by striking ``subparagraph (H)'' and 
     inserting ``subparagraph (I)'';
       (7) in subparagraph (I) (as redesignated by paragraph (3) 
     of this section) by striking ``an agreement with a private, 
     nonprofit entity'' and inserting ``a grant, contract, 
     cooperative agreement, or other agreement with a private 
     sector for-profit or nonprofit entity'';
       (8) in subparagraph (J) (as redesignated by paragraph (3) 
     of this section)--
       (A) in clause (i)--
       (i) in subclause (I) by striking ``the private sector'' and 
     inserting ``private sector for-profit and nonprofit entities, 
     to be available to the extent provided by appropriations 
     Acts'';
       (ii) in subclause (II) by striking ``and metropolitan 
     planning organizations'' and inserting ``metropolitan 
     planning organizations, and private sector for-profit and 
     nonprofit entities''; and
       (iii) in subclause (III) by inserting ``for-profit or 
     nonprofit'' after ``private sector'';
       (B) in clause (ii) by striking ``prize awards'' and 
     inserting ``cash prize purses'';
       (C) in clause (iv)--
       (i) by inserting ``competition'' after ``A prize''; and
       (ii) by striking ``the prize'' and inserting ``the cash 
     prize purse'';
       (D) in clause (v)--
       (i) by striking ``amount of a prize'' and inserting 
     ``amount of a cash prize purse'';
       (ii) by inserting ``competition'' after ``announcement of 
     the prize''; and
       (iii) in subclause (I) by inserting ``competition'' after 
     ``prize'';
       (E) in clause (vi) by striking ``offer a prize'' and 
     inserting ``offer a cash prize purse''; and
       (F) in clause (vii) by striking ``cash prizes'' and 
     inserting ``cash prize purses'';
       (9) in subparagraph (K) (as redesignated by paragraph (3) 
     of this section) by striking ``or providing a prize'' and 
     inserting ``a prize competition or providing a cash prize 
     purse''; and
       (10) in subparagraph (L)(ii) (as redesignated by paragraph 
     (3) of this section)--
       (A) in subclause (I) by striking ``The Secretary'' and 
     inserting ``Not later than March 1 of each year, the 
     Secretary''; and
       (B) in subclause (II)--
       (i) in item (cc) by striking ``cash prizes'' both places it 
     appears and inserting ``cash prize purses''; and
       (ii) in item (ee) by striking ``agency'' and inserting 
     ``Department''.

     SEC. 6024. GAO REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall make 
     available to the public a report that--
       (1) assesses the status of autonomous transportation 
     technology policy developed by public entities in the United 
     States;
       (2) assesses the organizational readiness of the Department 
     to address autonomous vehicle technology challenges; and
       (3) recommends implementation paths for autonomous 
     transportation technology, applications, and policies that 
     are based on the assessment described in paragraph (2).

     SEC. 6025. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.

       Section 514(b) of title 23, United States Code, is 
     amended--
       (1) in paragraph (8) by striking ``and'' at the end;
       (2) in paragraph (9) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) to assist in the development of cybersecurity 
     standards in cooperation with relevant modal administrations 
     of the Department of Transportation and other Federal 
     agencies to help prevent hacking, spoofing, and disruption of 
     connected and automated transportation vehicles.''.

     SEC. 6026. INFRASTRUCTURE INTEGRITY.

       Section 503(b)(3)(C) of title 23, United States Code, is 
     amended--
       (1) in clause (xviii) by striking ``and'' at the end;
       (2) in clause (xix) by striking the period at the end and 
     inserting ``; and'' ; and
       (3) by adding at the end the following:
       ``(xx) corrosion prevention measures for the structural 
     integrity of bridges.''.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

     SEC. 7001. SHORT TITLE.

       This title may be cited as the ``Hazardous Materials 
     Transportation Safety Improvement Act of 2015''.

     SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.

       Section 5128 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5128. Authorization of appropriations

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out this chapter (except sections 
     5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
       ``(1) $53,000,000 for fiscal year 2016;
       ``(2) $55,000,000 for fiscal year 2017;
       ``(3) $57,000,000 for fiscal year 2018;
       ``(4) $58,000,000 for fiscal year 2019;
       ``(5) $60,000,000 for fiscal year 2020; and
       ``(6) $62,000,000 for fiscal year 2021.
       ``(b) Hazardous Materials Emergency Preparedness Fund.--
     From the Hazardous Materials Emergency Preparedness Fund 
     established under section 5116(h), the Secretary may expend, 
     for each of fiscal years 2016 through 2021--
       ``(1) $21,988,000 to carry out section 5116(a);
       ``(2) $150,000 to carry out section 5116(e);
       ``(3) $625,000 to publish and distribute the Emergency 
     Response Guidebook under section 5116(h)(3); and
       ``(4) $1,000,000 to carry out section 5116(i).
       ``(c) Hazardous Materials Training Grants.--From the 
     Hazardous Materials Emergency Preparedness Fund established 
     pursuant to section 5116(h), the Secretary may expend 
     $5,000,000 for each of 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, Indian tribe, authority, 
     or entity.
       ``(2) Availability of amounts.--Amounts made available 
     under this section shall remain available until expended.''.

     SEC. 7003. NATIONAL EMERGENCY AND DISASTER RESPONSE.

       Section 5103 of title 49, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Federally Declared Disasters and Emergencies.--
       ``(1) In general.--The Secretary may by order waive 
     compliance with any part of an applicable standard prescribed 
     under this chapter without prior notice and comment and on 
     terms the Secretary considers appropriate if the Secretary 
     determines that--
       ``(A) it is in the public interest to grant the waiver;
       ``(B) the waiver is not inconsistent with the safety of 
     transporting hazardous materials; and
       ``(C) the waiver is necessary to facilitate the safe 
     movement of hazardous materials into, from, and within an 
     area of a major disaster or emergency that has been declared 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(2) Period of waiver.--A waiver under this subsection may 
     be issued for a period of not more than 60 days and may be 
     renewed upon application to the Secretary only after notice 
     and an opportunity for a hearing on the waiver. The Secretary 
     shall immediately revoke the waiver if continuation of the 
     waiver would not be consistent with the goals and objectives 
     of this chapter.
       ``(3) Statement of reasons.--The Secretary shall include in 
     any order issued under this section the reason for granting 
     the waiver.''.

     SEC. 7004. ENHANCED REPORTING.

       Section 5121(h) of title 49, United States Code, is amended 
     by striking ``transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate'' and inserting ``make available to the public on the 
     Department of Transportation's Internet Web site''.

     SEC. 7005. WETLINES.

       (a) Withdrawal.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall withdraw the 
     proposed rule described in the notice of proposed rulemaking 
     issued on January 27, 2011, entitled ``Safety Requirements 
     for External Product Piping on Cargo Tanks Transporting 
     Flammable Liquids'' (76 Fed. Reg. 4847).
       (b) Savings Clause.--Nothing in this section shall prohibit 
     the Secretary from issuing standards or regulations regarding 
     the safety of external product piping on cargo tanks 
     transporting flammable liquids after the withdrawal is 
     carried out pursuant to subsection (a).

     SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS AND 
                   APPROVALS.

       Section 5117 of title 49, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``an application for a special permit'' and 
     inserting ``an application for a new special permit or a 
     modification to an existing special permit''; and
       (B) by inserting after the first sentence the following: 
     ``The Secretary shall make available to the public on the 
     Department of Transportation's Internet Web site any special 
     permit other than a new special permit or a modification to 
     an existing special permit and shall give the public an 
     opportunity to inspect the safety analysis and comment on the 
     application for a period of not more than 15 days.''; and
       (2) in subsection (c)--
       (A) by striking ``publish'' and inserting ``make available 
     to the public'';
       (B) by striking ``in the Federal Register'';
       (C) by striking ``180'' and inserting ``120''; and
       (D) by striking ``the special permit'' each place it 
     appears and inserting ``a special permit or approval''; and

[[Page H7571]]

       (3) by adding at the end the following:
       ``(g) Disclosure of Final Action.--The Secretary shall 
     periodically, but at least every 120 days--
       ``(1) publish in the Federal Register notice of the final 
     disposition of each application for a new special permit, 
     modification to an existing special permit, or approval 
     during the preceding quarter; and
       ``(2) make available to the public on the Department of 
     Transportation's Internet Web site notice of the final 
     disposition of any other special permit during the preceding 
     quarter.''.

     SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION 
                   EXAMINATIONS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall evaluate and transmit to the Secretary, the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, and the Committee on Commerce, Science, 
     and Transportation of the Senate, a report on the standards, 
     metrics, and protocols that the Secretary uses to regulate 
     the performance of persons approved to recommend hazard 
     classifications pursuant to section 173.56(b) of title, 49, 
     Code of Federal Regulations (commonly referred to as ``third-
     party labs'').
       (b) Evaluation.--The evaluation required under subsection 
     (a) shall--
       (1) identify what standards and protocols are used to 
     approve such persons, assess the adequacy of such standards 
     and protocols to ensure that persons seeking approval are 
     qualified and capable of performing classifications, and make 
     recommendations to address any deficiencies identified;
       (2) assess the adequacy of the Secretary's oversight of 
     persons approved to perform the classifications, including 
     the qualification of individuals engaged in the oversight of 
     approved persons, and make recommendations to enhance 
     oversight sufficiently to ensure that classifications are 
     issued as required;
       (3) identify what standards and protocols exist to rescind, 
     suspend, or deny approval of persons who perform such 
     classifications, assess the adequacy of such standards and 
     protocols, and make recommendations to enhance such standards 
     and protocols if necessary; and
       (4) include annual data for fiscal years 2005 through 2015 
     on the number of applications received for new 
     classifications pursuant to section 173.56(b) of title 49, 
     Code of Federal Regulations, of those applications how many 
     classifications recommended by persons approved by the 
     Secretary were changed to another classification and the 
     reasons for the change, and how many hazardous materials 
     incidents have been attributed to a classification 
     recommended by such approved persons in the United States.
       (c) Action Plan.--Not later than 120 days after receiving 
     the report required under subsection (a), the Secretary shall 
     make available to the public a plan describing any actions 
     the Secretary will take to establish standards, metrics, and 
     protocols based on the findings and recommendations in the 
     report to ensure that persons approved to perform 
     classification examinations required under section 173.56(b) 
     of title 49, Code of Federal Regulations, can sufficiently 
     perform such examinations in a manner that meets the 
     hazardous materials regulations.
       (d) Regulations.--If the report required under subsection 
     (a) recommends new regulations in order for the Secretary to 
     have confidence in the accuracy of classification 
     recommendations rendered by persons approved to perform 
     classification examinations required under section 173.56(b) 
     of title 49, Code of Federal Regulations, the Secretary shall 
     issue such regulations not later than 24 months after the 
     date of enactment of this Act.

     SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING AND 
                   TRAINING GRANTS.

       (a) Planning and Training Grants.--Section 5116 of title 
     49, United States Code, is amended--
       (1) by redesignating subsections (c) through (k) as 
     subsections (b) through (j), respectively,
       (2) by striking subsection (b); and
       (3) by striking subsection (a) and inserting the following:
       ``(a) Planning and Training Grants.--(1) The Secretary 
     shall make grants to States and Indian tribes--
       ``(A) to develop, improve, and carry out emergency plans 
     under the Emergency Planning and Community Right-To-Know Act 
     of 1986 (42 U.S.C. 11001 et seq.), including ascertaining 
     flow patterns of hazardous material on lands under the 
     jurisdiction of a State or Indian tribe, and between lands 
     under the jurisdiction of a State or Indian tribe and lands 
     of another State or Indian tribe;
       ``(B) to decide on the need for regional hazardous material 
     emergency response teams; and
       ``(C) to train public sector employees to respond to 
     accidents and incidents involving hazardous material.
       ``(2) To the extent that a grant is used to train emergency 
     responders under paragraph (1)(C), the State or Indian tribe 
     shall provide written certification to the Secretary that the 
     emergency responders who receive training under the grant 
     will have the ability to protect nearby persons, property, 
     and the environment from the effects of accidents or 
     incidents involving the transportation of hazardous material 
     in accordance with existing regulations or National Fire 
     Protection Association standards for competence of responders 
     to accidents and incidents involving hazardous materials.
       ``(3) The Secretary may make a grant to a State or Indian 
     tribe under paragraph (1) of this subsection only if--
       ``(A) the State or Indian tribe certifies that the total 
     amount the State or Indian tribe expends (except amounts of 
     the Federal Government) for the purpose of the grant will at 
     least equal the average level of expenditure for the last 5 
     years; and
       ``(B) any emergency response training provided under the 
     grant shall consist of--
       ``(i) a course developed or identified under section 5115 
     of this title; or
       ``(ii) any other course the Secretary determines is 
     consistent with the objectives of this section.
       ``(4) A State or Indian tribe receiving a grant under this 
     subsection shall ensure that planning and emergency response 
     training under the grant is coordinated with adjacent States 
     and Indian tribes.
       ``(5) A training grant under paragraph (1)(C) may be used--
       ``(A) to pay--
       ``(i) the tuition costs of public sector employees being 
     trained;
       ``(ii) travel expenses of those employees to and from the 
     training facility;
       ``(iii) room and board of those employees when at the 
     training facility; and
       ``(iv) travel expenses of individuals providing the 
     training;
       ``(B) by the State, political subdivision, or Indian tribe 
     to provide the training; and
       ``(C) to make an agreement with a person (including an 
     authority of a State, a political subdivision of a State or 
     Indian tribe, or a local jurisdiction), subject to approval 
     by the Secretary, to provide the training--
       ``(i) if the agreement allows the Secretary and the State 
     or Indian tribe to conduct random examinations, inspections, 
     and audits of the training without prior notice;
       ``(ii) the person agrees to have an auditable accounting 
     system; and
       ``(iii) if the State or Indian tribe conducts at least one 
     on-site observation of the training each year.
       ``(6) The Secretary shall allocate amounts made available 
     for grants under this subsection among eligible States and 
     Indian tribes based on the needs of the States and Indian 
     tribes for emergency response training. In making a decision 
     about those needs, the Secretary shall consider--
       ``(A) the number of hazardous material facilities in the 
     State or on land under the jurisdiction of the Indian tribe;
       ``(B) the types and amounts of hazardous material 
     transported in the State or on such land;
       ``(C) whether the State or Indian tribe imposes and 
     collects a fee on transporting hazardous material;
       ``(D) whether such fee is used only to carry out a purpose 
     related to transporting hazardous material;
       ``(E) the past record of the State or Indian tribe in 
     effectively managing planning and training grants; and
       ``(F) any other factors the Secretary determines are 
     appropriate to carry out this subsection.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 5108(g) of title 49, United States Code, is 
     amended by striking ``5116(i)'' each place it appears and 
     inserting ``5116(h)''.
       (2) Section 5116 of such title is amended--
       (A) in subsection (d), as redesignated by this section, by 
     striking ``subsections (a)(2)(A) and (b)(2)(A)'' and 
     inserting ``subsection (a)(3)(A)'';
       (B) in subsection (h), as redesignated by this section--
       (i) in paragraph (1) by inserting ``and section 5107(e)'' 
     after ``section'';
       (ii) in paragraph (2) by striking ``(f)'' and inserting 
     ``(e)''; and
       (iii) in paragraph (4) by striking ``5108(g)(2) and 5115'' 
     and inserting ``5107(e) and 5108(g)(2)'';
       (C) in subsection (i), as redesignated by this section, by 
     striking ``subsection (b)'' and inserting ``subsection (a)''; 
     and
       (D) in subsection (j), as redesignated by this section--
       (i) by striking ``planning grants allocated under 
     subsection (a), training grants under subsection (b), and 
     grants under subsection (j)'' and inserting ``planning and 
     training grants under subsection (a) and grants under 
     subsection (i)''; and
       (ii) by redesignating subparagraphs (A) through (D) as 
     paragraphs (1) through (4), respectively.
       (c) Enforcement Personnel.--Section 5107(e) of title 49, 
     United States Code, is amended by inserting ``, State and 
     local personnel responsible for enforcing the safe 
     transportation of hazardous materials, or both'' after 
     ``hazmat employees'' each place it appears.

     SEC. 7009. MOTOR CARRIER SAFETY PERMITS.

       Section 5109(h) of title 49, United States Code, is amended 
     to read as follows:
       ``(h) Limitation on Denial.--The Secretary may not deny a 
     non-temporary permit held by a motor carrier pursuant to this 
     section based on a comprehensive review of that carrier 
     triggered by safety management system scores or out-of-
     service disqualification standards, unless--
       ``(1) the carrier has the opportunity, prior to the denial 
     of such permit, to submit a written description of corrective 
     actions taken and other documentation the carrier wishes the 
     Secretary to consider, including a corrective action plan; 
     and
       ``(2) the Secretary determines the actions or plan is 
     insufficient to address the safety

[[Page H7572]]

     concerns identified during the course of the comprehensive 
     review.''.

     SEC. 7010. THERMAL BLANKETS.

       (a) Requirements.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall issue such 
     regulations as are necessary to require that each tank car 
     built to meet the DOT-117 specification and each non-jacketed 
     tank car modified to meet the DOT-117R specification be 
     equipped with an insulating blanket with at least \1/2\-inch-
     thick material that has been approved by the Secretary 
     pursuant to section 179.18(c) of title 49, Code of Federal 
     Regulations.
       (b) Savings Clause.--Nothing in this section shall prohibit 
     the Secretary from approving new or alternative technologies 
     or materials as they become available that provide a level of 
     safety at least equivalent to the level of safety provided 
     for under subsection (a).

     SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS.

       (a) In General.--Chapter 51 of title 49, United States 
     Code, is amended by inserting after section 5110 the 
     following:

     ``Sec. 5111. Comprehensive oil spill response plans

       ``(a) Requirements.--Not later than 120 days after the date 
     of enactment of this section, the Secretary shall issue such 
     regulations as are necessary to require any 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 railroad carrier described in that subsection 
     to--
       ``(1) include in the comprehensive oil spill response plan 
     procedures and resources, including equipment, for 
     responding, to the maximum extent practicable, to a worst-
     case discharge;
       ``(2) ensure that the comprehensive oil spill response plan 
     is consistent with the National Contingency Plan and each 
     applicable Area Contingency Plan;
       ``(3) include in the comprehensive oil spill response plan 
     appropriate notification and training procedures and 
     procedures for coordinating with Federal, State, and local 
     emergency responders;
       ``(4) review and update its comprehensive oil spill 
     response plan as appropriate; and
       ``(5) provide the comprehensive oil spill response plan for 
     acceptance by the Secretary.
       ``(c) Savings Clause.--Nothing in the section may be 
     construed to prohibit the Secretary from promulgating 
     differing comprehensive oil response plan standards for Class 
     I railroads, Class II railroads, and Class III railroads.
       ``(d) Response Plans.--The Secretary shall--
       ``(1) maintain on file a copy of the most recent 
     comprehensive oil spill response plans prepared by a railroad 
     carrier transporting a Class 3 flammable liquid; and
       ``(2) provide to a person, upon written request, a copy of 
     the plan, which may exclude, as the Secretary determines 
     appropriate--
       ``(A) proprietary information;
       ``(B) security-sensitive information, including information 
     described in section 1520.5(a) of title 49, Code of Federal 
     Regulations;
       ``(C) specific response resources and tactical resource 
     deployment plans; and
       ``(D) the specific amount and location of worst-case 
     discharges, including the process by which a railroad carrier 
     determines the worst-case discharge.
       ``(e) Relationship to FOIA.--Nothing in this section may be 
     construed to require disclose of information or records that 
     are exempt from disclosure under section 552 of title 5.
       ``(f) Definitions.--
       ``(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 flammable 
     liquid in section 173.120 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 meaning given those terms 
     in section 20102.
       ``(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.
       ``(6) Worst-case discharge.--The term `worst-case 
     discharge' means the largest foreseeable discharge of oil in 
     the event of an accident or incident, as determined by each 
     railroad carrier in accordance with regulations issued under 
     this section.''.
       (b) Clerical Amendment.--The analysis for chapter 51 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5110 the following:

``5111. Comprehensive oil spill response plans.''.

     SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE TRAINS.

       (a) Information on High-Hazard Flammable Trains.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary shall issue regulations to require each applicable 
     railroad carrier to provide information on high-hazard 
     flammable trains to State emergency response commissions 
     consistent with Emergency Order Docket No. DOT-OST-2014-0067, 
     and include appropriate protections from public release of 
     proprietary information and security-sensitive information, 
     including information described in section 1520.5(a) of title 
     49, Code of Federal Regulations.
       (b) 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, as 
     such term is defined in section 173.120 of title 49, Code of 
     Federal Regulations, 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. 7013. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED 
                   PNEUMATIC BRAKES.

       (a) Government Accountability Office Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct an independent evaluation of ECP brake 
     systems, pilot program data, and the Department's research 
     and analysis on the costs, benefits, and effects of ECP brake 
     systems.
       (2) Study elements.--In completing the independent 
     evaluation under paragraph (1), the Comptroller General of 
     the United States shall examine the following issues related 
     to ECP brake systems:
       (A) Data and modeling results on safety benefits relative 
     to conventional brakes and to other braking technologies or 
     systems, such as distributed power and 2-way end-of-train 
     devices.
       (B) Data and modeling results on business benefits, 
     including the effects of dynamic braking.
       (C) Data on costs, including up-front capital costs and on-
     going maintenance costs.
       (D) Analysis of potential operational benefits and 
     challenges, including the effects of potential locomotive and 
     car segregation, technical reliability issues, and network 
     disruptions.
       (E) Analysis of potential implementation challenges, 
     including installation time, positive train control 
     integration complexities, component availability issues, and 
     tank car shop capabilities.
       (F) Analysis of international experiences with the use of 
     advanced braking technologies.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the results of the independent evaluation 
     under paragraph (1).
       (b) Emergency Braking Application Testing.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the National Academy of Sciences to--
       (A) complete testing of ECP brake systems during emergency 
     braking application, including more than 1 scenario involving 
     the uncoupling of a train with 70 or more DOT-117-
     specification or DOT-117R-specification tank cars; and
       (B) transmit, not later than 18 months after the date of 
     enactment of this Act, to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the results of the testing.
       (2) Independent experts.--In completing the testing under 
     paragraph (1)(A), the National Academy of Sciences may 
     contract with 1 or more engineering or rail experts, as 
     appropriate, that--
       (A) are not railroad carriers, entities funded by such 
     carriers, or entities directly impacted by the final rule 
     issued on May 8, 2015, entitled ``Enhanced Tank Car Standards 
     and Operational Controls for High-Hazard Flammable Trains'' 
     (80 Fed. Reg. 26643); and
       (B) have relevant experience in conducting railroad safety 
     technology tests or similar crash tests.
       (3) Testing framework.--In completing the testing under 
     paragraph (1), the National Academy of Sciences and each 
     contractor described in paragraph (2) shall ensure that the 
     testing objectively, accurately, and reliably measures the 
     performance of ECP brake systems relative to other braking 
     technologies or systems, such as distributed power and 2-way 
     end-of-train devices, including differences in--
       (A) the number of cars derailed;
       (B) the number of cars punctured;
       (C) the measures of in-train forces; and
       (D) the stopping distance.
       (4) Funding.--The Secretary shall provide funding, as part 
     of the agreement under paragraph (1), to the National Academy 
     of Sciences for the testing required under this section--
       (A) using sums made available to carry out sections 20108 
     and 5118 of title 49, United States Code; and
       (B) to the extent funding under subparagraph (A) is 
     insufficient or unavailable to fund the testing required 
     under this section, using such sums as are necessary from the 
     amounts appropriated to the Secretary, the Federal Railroad 
     Administration, or the Pipeline and Hazardous Materials 
     Safety Administration, or a combination thereof.
       (5) Equipment.--The National Academy of Sciences and each 
     contractor described in paragraph (2) may receive or use 
     rolling

[[Page H7573]]

     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 update the regulatory impact analysis of the 
     final rule described in subsection (b)(2)(A) of the costs, 
     benefits, and effects of the applicable ECP brake system 
     requirements;
       (B) as soon as practicable after completion of the updated 
     analysis under subparagraph (A), solicit public comment on 
     the analysis for a period of not more than 30 days; and
       (C) not later than 60 days after the end of the public 
     comment period under subparagraph (B), post the final updated 
     regulatory impact analysis on the Department of 
     Transportation's Internet Web site.
       (2) Determination.--Not later than 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 the costs of such 
     requirements, whether the applicable ECP brake system 
     requirements are justified;
       (B) if the applicable ECP brake system requirements are 
     justified, publish in the Federal Register the determination 
     and reasons for such determination; and
       (C) if the Secretary does not publish the determination 
     under subparagraph (B), repeal the applicable ECP brake 
     system requirements.
       (3) Savings clause.--Nothing in this section shall be 
     construed to prohibit the Secretary from implementing the 
     final rule described under subsection (b)(2)(A) prior to the 
     determination required under subsection (c)(2) of this 
     section, or require the Secretary to promulgate a new 
     rulemaking on the provisions of such final rule, other than 
     the applicable ECP brake system requirements, if the 
     Secretary determines that the applicable ECP brake system 
     requirements are not justified pursuant to this subsection.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Applicable ecp brake system requirements.--The term 
     ``applicable ECP brake system requirements'' means sections 
     174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 
     179.202-12(g), and 179.202-13(i) of title 49, Code of Federal 
     Regulations, and any other regulation in effect on the date 
     of enactment of this Act requiring the installation of ECP 
     brakes or operation in ECP brake mode.
       (2) Class 3 flammable liquid.--The term ``Class 3 flammable 
     liquid'' has the meaning given the term flammable liquid in 
     section 173.120(a) of title 49, Code of Federal Regulations.
       (3) ECP.--The term ``ECP'' means electronically controlled 
     pneumatic when applied to a brake or brakes.
       (4) ECP brake mode.--The term ``ECP brake mode'' includes 
     any operation of a rail car or an entire train using an ECP 
     brake system.
       (5) ECP brake system.--
       (A) In general.--The term ``ECP brake system'' means a 
     train power braking system actuated by compressed air and 
     controlled by electronic signals from the locomotive or an 
     ECP-EOT to the cars in the consist for service and emergency 
     applications in which the brake pipe is used to provide a 
     constant supply of compressed air to the reservoirs on each 
     car but does not convey braking signals to the car.
       (B) Inclusions.--The term ``ECP brake system'' includes 
     dual mode and stand-alone ECP brake systems.
       (6) Railroad carrier.--The term ``railroad carrier'' has 
     the meaning given the term in section 20102 of title 49, 
     United States Code.
       (7) Report date.--The term ``report date'' means the date 
     that the reports under subsections (a)(3) and (b)(1)(B) are 
     required to be transmitted pursuant to those subsections.

     SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN 
                   CONTROL SYSTEMS.

       (a) Short Title.--This section may be cited as the 
     ``Positive Train Control Enforcement and Implementation Act 
     of 2015''.
       (b) In General.--Section 20157 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``18 months after the date of enactment of 
     the Rail Safety Improvement Act of 2008'' and inserting ``90 
     days after the date of enactment of the Positive Train 
     Control Enforcement and Implementation Act of 2015'';
       (B) by striking ``develop and'';
       (C) by striking ``a plan for implementing'' and inserting 
     ``a revised plan for implementing'';
       (D) by striking ``December 31, 2015'' and inserting 
     ``December 31, 2018''; and
       (E) in subparagraph (B) by striking ``parts'' and inserting 
     ``sections'';
       (2) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) Implementation.--
       ``(A) Contents of revised plan.--A revised plan required 
     under paragraph (1) shall--
       ``(i) describe--

       ``(I) how the positive train control system will provide 
     for interoperability of the system with the movements of 
     trains of other railroad carriers over its lines; and
       ``(II) how, to the extent practical, the positive train 
     control system will be implemented in a manner that addresses 
     areas of greater risk before areas of lesser risk;

       ``(ii) comply with the positive train control system 
     implementation plan content requirements under section 
     236.1011 of title 49, Code of Federal Regulations; and
       ``(iii) provide--

       ``(I) the calendar year or years in which spectrum will be 
     acquired and will be available for use in each area as needed 
     for positive train control system implementation, if such 
     spectrum is not already acquired and available for use;
       ``(II) the total amount of positive train control system 
     hardware that will be installed for implementation, with 
     totals separated by each major hardware category;
       ``(III) the total amount of positive train control system 
     hardware that will be installed by the end of each calendar 
     year until the positive train control system is implemented, 
     with totals separated by each hardware category;
       ``(IV) the total number of employees required to receive 
     training under the applicable positive train control system 
     regulations;
       ``(V) the total 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 the positive train control system is implemented;
       ``(VI) a summary of any remaining technical, programmatic, 
     operational, or other challenges to the implementation of a 
     positive train control system, including challenges with--

       ``(aa) availability of public funding;
       ``(bb) interoperability;
       ``(cc) spectrum;
       ``(dd) software;
       ``(ee) permitting; and
       ``(ff) testing, demonstration, and certification; and

       ``(VII) a schedule and sequence for implementing a positive 
     train control system by the deadline established under 
     paragraph (1).

       ``(B) Alternative schedule and sequence.--Notwithstanding 
     the implementation deadline under paragraph (1) and in lieu 
     of a schedule and sequence under paragraph (2)(A)(iii)(VII), 
     a railroad carrier or other entity subject to paragraph (1) 
     may include in its revised plan an alternative schedule and 
     sequence for implementing a positive train control system, 
     subject to review under paragraph (3). Such schedule and 
     sequence shall provide for implementation of a positive train 
     control system as soon as practicable, but not later than the 
     date that is 24 months after the implementation deadline 
     under paragraph (1).
       ``(C) Amendments.--A railroad carrier or other entity 
     subject to paragraph (1) may file a request to amend a 
     revised plan, including any alternative schedule and 
     sequence, as applicable, in accordance with section 236.1021 
     of title 49, Code of Federal Regulations.
       ``(D) Compliance.--A railroad carrier or other entity 
     subject to paragraph (1) shall implement a positive train 
     control system in accordance with its revised plan, including 
     any amendments or any alternative schedule and sequence 
     approved by the Secretary under paragraph (3).
       ``(3) Secretarial review.--
       ``(A) Notification.--A railroad carrier or other entity 
     that submits a revised plan under paragraph (1) and proposes 
     an alternative schedule and sequence under paragraph (2)(B) 
     shall submit to the Secretary a written notification when 
     such railroad carrier or other entity is prepared for review 
     under subparagraph (B).
       ``(B) Criteria.--Not later than 90 days after a railroad 
     carrier or other entity submits a notification under 
     subparagraph (A), the Secretary shall review the alternative 
     schedule and sequence submitted pursuant to paragraph (2)(B) 
     and determine whether the railroad carrier or other entity 
     has demonstrated, to the satisfaction of the Secretary, that 
     such carrier or entity has--
       ``(i) installed all positive train control system hardware 
     consistent with the plan contents provided pursuant to 
     paragraph (2)(A)(iii)(II) on or before the implementation 
     deadline under paragraph (1);
       ``(ii) acquired all spectrum necessary for implementation 
     of a positive train control system, consistent with the plan 
     contents provided pursuant to paragraph (2)(A)(iii)(I) on or 
     before the implementation deadline under paragraph (1);
       ``(iii) completed employee training required under the 
     applicable positive train control system regulations;
       ``(iv) included in its revised plan an alternative schedule 
     and sequence for implementing a positive train control system 
     as soon as practicable, pursuant to paragraph (2)(B);
       ``(v) certified to the Secretary in writing that it will be 
     in full compliance with the requirements of this section on 
     or before the date provided in an alternative schedule and 
     sequence, subject to approval by the Secretary;
       ``(vi) in the case of a Class I railroad carrier and 
     Amtrak, implemented a positive train control system or 
     initiated revenue service demonstration on the majority of 
     territories, such as subdivisions or districts, or route 
     miles that are owned or controlled by such carrier and 
     required to have operations governed by a positive train 
     control system; and

[[Page H7574]]

       ``(vii) in the case of any other railroad carrier or other 
     entity not subject to clause (vi)--

       ``(I) initiated revenue service demonstration on at least 1 
     territory that is required to have operations governed by a 
     positive train control system; or
       ``(II) met any other criteria established by the Secretary.

       ``(C) Decision.--
       ``(i) In general.--Not later than 90 days after the receipt 
     of the notification from a railroad carrier or other entity 
     under subparagraph (A), the Secretary shall--

       ``(I) approve an alternative schedule and sequence 
     submitted pursuant to paragraph (2)(B) if the railroad 
     carrier or other entity meets the criteria in subparagraph 
     (B); and
       ``(II) notify in writing the railroad carrier or other 
     entity of the decision.

       ``(ii) Deficiencies.--Not later than 45 days after the 
     receipt of the notification under subparagraph (A), the 
     Secretary shall provide to the railroad carrier or other 
     entity a written notification of any deficiencies that would 
     prevent approval under clause (i) and provide the railroad 
     carrier or other entity an opportunity to correct 
     deficiencies before the date specified in such clause.
       ``(D) Revised deadlines.--
       ``(i) Pending reviews.--For a railroad carrier or other 
     entity that submits a notification under subparagraph (A), 
     the deadline for implementation of a positive train control 
     system required under paragraph (1) shall be extended until 
     the date on which the Secretary approves or disapproves the 
     alternative schedule and sequence, if such date is later than 
     the implementation date under paragraph (1).
       ``(ii) Alternative schedule and sequence deadline.--If the 
     Secretary approves a railroad carrier or other entity's 
     alternative schedule and sequence under subparagraph (C)(i), 
     the railroad carrier or other entity's deadline for 
     implementation of a positive train control system required 
     under paragraph (1) shall be the date specified in that 
     railroad carrier or other entity's alternative schedule and 
     sequence. The Secretary may not approve a date for 
     implementation that is later than 24 months from the deadline 
     in paragraph (1).'';
       (3) by striking subsections (c), (d), and (e) and inserting 
     the following:
       ``(c) Progress Reports and Review.--
       ``(1) Progress reports.--Each railroad carrier or other 
     entity subject to subsection (a) shall, not later than March 
     31, 2016, and annually thereafter until such carrier or 
     entity has completed implementation of a positive train 
     control system, submit to the Secretary a report on the 
     progress toward implementing such systems, including--
       ``(A) the information on spectrum acquisition provided 
     pursuant to subsection (a)(2)(A)(iii)(I);
       ``(B) the totals provided pursuant to subclauses (III) and 
     (V) of subsection (a)(2)(A)(iii), by territory, if 
     applicable;
       ``(C) the extent to which the railroad carrier or other 
     entity is complying with the implementation schedule under 
     subsection (a)(2)(A)(iii)(VII) or subsection (a)(2)(B);
       ``(D) any update to the information provided under 
     subsection (a)(2)(A)(iii)(VI);
       ``(E) for each entity providing regularly scheduled 
     intercity or commuter rail passenger transportation, a 
     description of the resources identified and allocated to 
     implement a positive train control system;
       ``(F) for each railroad carrier or other entity subject to 
     subsection (a), the total number of route miles on which a 
     positive train control system has been initiated for revenue 
     service demonstration or implemented, as compared to the 
     total number of route miles required to have a positive train 
     control system under subsection (a); and
       ``(G) any other information requested by the Secretary.
       ``(2) Plan review.--The Secretary shall at least annually 
     conduct reviews to ensure that railroad carriers or other 
     entities are complying with the revised plan submitted under 
     subsection (a), including any amendments or any alternative 
     schedule and sequence approved by the Secretary. Such 
     railroad carriers or other entities shall provide such 
     information as the Secretary determines necessary to 
     adequately conduct such reviews.
       ``(3) Public availability.--Not later than 60 days after 
     receipt, the Secretary shall make available to the public on 
     the Internet Web site of the Department of Transportation any 
     report submitted pursuant to paragraph (1) or subsection (d), 
     but may exclude, as the Secretary determines appropriate--
       ``(A) proprietary information; and
       ``(B) security-sensitive information, including information 
     described in section 1520.5(a) of title 49, Code of Federal 
     Regulations.
       ``(d) Report to Congress.--Not later than July 1, 2018, the 
     Secretary shall transmit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the progress of each railroad carrier or 
     other entity subject to subsection (a) in implementing a 
     positive train control system.
       ``(e) Enforcement.--The Secretary is authorized to assess 
     civil penalties pursuant to chapter 213 for--
       ``(1) a violation of this section;
       ``(2) the failure to submit or comply with the revised plan 
     required under subsection (a), including the failure to 
     comply with the totals provided pursuant to subclauses (III) 
     and (V) of subsection (a)(2)(A)(iii) and the spectrum 
     acquisition dates provided pursuant to subsection 
     (a)(2)(A)(iii)(I);
       ``(3) failure to comply with any amendments to such revised 
     plan pursuant to subsection (a)(2)(C); and
       ``(4) the failure to comply with an alternative schedule 
     and sequence submitted under subsection (a)(2)(B) and 
     approved by the Secretary under subsection (a)(3)(C).'';
       (4) in subsection (h)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Provisional operation.--Notwithstanding the 
     requirements of paragraph (1), the Secretary may authorize a 
     railroad carrier or other entity to commence operation in 
     revenue service of a positive train control system or 
     component to the extent necessary to enable the safe 
     implementation and operation of a positive train control 
     system in phases.'';
       (5) in subsection (i)--
       (A) by redesignating paragraphs (1) through (3) as 
     paragraphs (3) through (5), respectively; and
       (B) by inserting before paragraph (3) (as so redesignated) 
     the following:
       ``(1) Equivalent or greater level of safety.--The term 
     `equivalent or greater level of safety' means the compliance 
     of a railroad carrier with--
       ``(A) appropriate operating rules in place immediately 
     prior to the use or implementation of such carrier's positive 
     train control system, except that such rules may be changed 
     by such carrier to improve safe operations; and
       ``(B) all applicable safety regulations, except as 
     specified in subsection (j).
       ``(2) Hardware.--The term `hardware' means a locomotive 
     apparatus, a wayside interface unit (including any associated 
     legacy signal system replacements), switch position monitors 
     needed for a positive train control system, physical back 
     office system equipment, a base station radio, a wayside 
     radio, a locomotive radio, or a communication tower or 
     pole.''; and
       (6) by adding at the end the following:
       ``(j) Early Adoption.--
       ``(1) Operations.--From the date of enactment of the 
     Positive Train Control Enforcement and Implementation Act of 
     2015 through the 1-year period beginning on the date on which 
     the last Class I railroad carrier's positive train control 
     system subject to subsection (a) is certified by the 
     Secretary under subsection (h)(1) of this section and is 
     implemented on all of that railroad carrier's lines required 
     to have operations governed by a positive train control 
     system, any railroad carrier, including any railroad carrier 
     that has its positive train control system certified by the 
     Secretary, shall not be subject to the operational 
     restrictions set forth in sections 236.567 and 236.1029 of 
     title 49, Code of Federal Regulations, that would apply where 
     a controlling locomotive that is operating in, or is to be 
     operated in, a positive train control-equipped track segment 
     experiences a positive train control system failure, a 
     positive train control operated consist is not provided by 
     another railroad carrier when provided in interchange, or a 
     positive train control system otherwise fails to initialize, 
     cuts out, or malfunctions, provided that such carrier 
     operates at an equivalent or greater level of safety than the 
     level achieved immediately prior to the use or implementation 
     of its positive train control system.
       ``(2) Safety assurance.--During the period described in 
     paragraph (1), if a positive train control system that has 
     been certified and implemented fails to initialize, cuts out, 
     or malfunctions, the affected railroad carrier or other 
     entity shall make reasonable efforts to determine the cause 
     of the failure and adjust, repair, or replace any faulty 
     component causing the system failure in a timely manner.
       ``(3) Plans.--The positive train control safety plan for 
     each railroad carrier or other entity shall describe the 
     safety measures, such as operating rules and actions to 
     comply with applicable safety regulations, that will be put 
     in place during any system failure.
       ``(4) Notification.--During the period described in 
     paragraph (1), if a positive train control system that has 
     been certified and implemented fails to initialize, cuts out, 
     or malfunctions, the affected railroad carrier or other 
     entity shall submit a notification to the appropriate 
     regional office of the Federal Railroad Administration within 
     7 days of the system failure, or under alternative location 
     and deadline requirements set by the Secretary, and include 
     in the notification a description of the safety measures the 
     affected railroad carrier or other entity has in place.
       ``(k) 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 under such section 
     by 3 years.
       ``(l) Revenue Service Demonstration.--When a railroad 
     carrier or other entity subject to (a)(1) notifies the 
     Secretary it is prepared to initiate revenue service 
     demonstration, it shall also notify any applicable tenant 
     railroad carrier or other entity subject to subsection 
     (a)(1).''.

[[Page H7575]]

       (c) 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 Positive Train Control 
     Enforcement and Implementation Act of 2015, the Secretary--
       ``(A) shall remove or revise the date-specific deadlines 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.
       ``(3) Review.--Nothing in the Positive Train Control 
     Enforcement and Implementation Act of 2015, or the amendments 
     made by such Act, shall be construed to require the Secretary 
     to issue regulations to implement such Act or amendments 
     other than the regulatory amendments required by paragraph 
     (2) and subsection (k).''.

     SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 
                   3 FLAMMABLE LIQUIDS.

       (a) In General.--Except as provided for in subsection (b), 
     beginning on the date of enactment of this Act, all railroad 
     tank cars used to transport Class 3 flammable liquids shall 
     meet the DOT-117 or DOT-117R specifications in part 179 of 
     title 49, Code of Federal Regulations, regardless of train 
     composition.
       (b) Phase-Out Schedule.--Certain tank cars not meeting DOT-
     117 or DOT-117R specifications on the date of enactment of 
     this Act may be used, regardless of train composition, until 
     the following end-dates:
       (1) For transport of unrefined petroleum products in Class 
     3 flammable service, including crude oil--
       (A) January 1, 2018, for non-jacketed DOT-111 tank cars;
       (B) March 1, 2018, for jacketed DOT-111 tank cars;
       (C) April 1, 2020, for non-jacketed CPC-1232 tank cars; and
       (D) May 1, 2025, for jacketed CPC-1232 tank cars.
       (2) For transport of ethanol--
       (A) May 1, 2023, for non-jacketed and jacketed DOT-111 tank 
     cars;
       (B) July 1, 2023, for non-jacketed CPC-1232 tank cars; and
       (C) May 1, 2025, for jacketed CPC-1232 tank cars.
       (3) For transport of Class 3 flammable liquids in Packing 
     Group I, other than Class 3 flammable liquids specified in 
     paragraphs (1) and (2), May 1, 2025.
       (4) For transport of Class 3 flammable liquids in Packing 
     Groups II and III, other than Class 3 flammable liquids 
     specified in paragraphs (1) and (2), May 1, 2029.
       (c) Retrofitting Shop Capacity.--The Secretary may extend 
     the deadlines established under paragraphs (3) and (4) of 
     subsection (b) for a period not to exceed 2 years if the 
     Secretary determines that insufficient retrofitting shop 
     capacity will prevent the phase-out of tank cars not meeting 
     the DOT-117 or DOT-117R specifications by the deadlines set 
     forth in such paragraphs.
       (d) Implementation.--Nothing in this section shall be 
     construed to require the Secretary to issue regulations to 
     implement this section.
       (e) Savings Clause.--Nothing in this section shall be 
     construed to prohibit the Secretary from implementing the 
     final rule issued on May 08, 2015, entitled ``Enhanced Tank 
     Car Standards and Operational Controls for High-Hazard 
     Flammable Trains'' (80 Fed. Reg. 26643), other than the 
     provisions of the final rule that are inconsistent with this 
     section.
       (f) Class 3 Flammable Liquid Defined.--In this section, the 
     term ``Class 3 flammable liquid'' has the meaning given the 
     term flammable liquid in section 173.120(a) of title 49, Code 
     of Federal Regulations.

             TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

     SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.

       (a) In General.--Subtitle IX of title 49, United States 
     Code, is amended to read as follows:

            ``Subtitle IX--Multimodal Freight Transportation

``Chapter                                                          Sec.
``701. Multimodal freight policy..............................70101....

``702. Multimodal freight transportation planning and informat70201....

                ``CHAPTER 701--MULTIMODAL FREIGHT POLICY

``Sec.
``70101. National multimodal freight policy.
``70102. National freight strategic plan.
``70103. National Multimodal Freight Network.

     ``Sec. 70101. National multimodal freight policy

       ``(a) In General.--It is the policy of the United States to 
     maintain and improve the condition and performance of the 
     National Multimodal Freight Network established under section 
     70103 to ensure that the Network provides a foundation for 
     the United States to compete in the global economy and 
     achieve the goals described in subsection (b).
       ``(b) Goals.--The goals of the national multimodal freight 
     policy are--
       ``(1) to identify infrastructure improvements, policies, 
     and operational innovations that--
       ``(A) strengthen the contribution of the National 
     Multimodal Freight Network to the economic competitiveness of 
     the United States;
       ``(B) reduce congestion and eliminate bottlenecks on the 
     National Multimodal Freight Network; and
       ``(C) increase productivity, particularly for domestic 
     industries and businesses that create high-value jobs;
       ``(2) to improve the safety, security, efficiency, and 
     resiliency of multimodal freight transportation;
       ``(3) to achieve and maintain a state of good repair on the 
     National Multimodal Freight Network;
       ``(4) to use innovation and advanced technology to improve 
     the safety, efficiency, and reliability of the National 
     Multimodal Freight Network;
       ``(5) to improve the economic efficiency of the National 
     Multimodal Freight Network;
       ``(6) to improve the short- and long-distance movement of 
     goods that--
       ``(A) travel across rural areas between population centers;
       ``(B) travel between rural areas and population centers; 
     and
       ``(C) travel from the Nation's ports, airports, and 
     gateways to the National Multimodal Freight Network;
       ``(7) to improve the flexibility of States to support 
     multi-State corridor planning and the creation of multi-State 
     organizations to increase the ability of States to address 
     multimodal freight connectivity; and
       ``(8) to reduce the adverse environmental impacts of 
     freight movement on the National Multimodal Freight Network.

     ``Sec. 70102. National freight strategic plan

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of this section, the Secretary of Transportation 
     shall--
       ``(1) develop a national freight strategic plan in 
     accordance with this section; and
       ``(2) publish the plan on the public Internet Web site of 
     the Department of Transportation.
       ``(b) Contents.--The national freight strategic plan shall 
     include--
       ``(1) an assessment of the condition and performance of the 
     National Multimodal Freight Network;
       ``(2) forecasts of freight volumes for the succeeding 5-, 
     10-, and 20-year periods;
       ``(3) an identification of major trade gateways and 
     national freight corridors that connect major population 
     centers, trade gateways, and other major freight generators;
       ``(4) an identification of bottlenecks on the National 
     Multimodal Freight Network that create significant freight 
     congestion, based on a quantitative methodology developed by 
     the 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;
       ``(5) an assessment of statutory, regulatory, 
     technological, institutional, financial, and other barriers 
     to improved freight transportation performance, and a 
     description of opportunities for overcoming the barriers;
       ``(6) an identification of best practices for improving the 
     performance of the National Multimodal Freight Network;
       ``(7) a process for addressing multistate projects and 
     encouraging jurisdictions to collaborate; and
       ``(8) strategies to improve freight intermodal 
     connectivity.
       ``(c) Updates.--Not later than 5 years after the date of 
     completion of the national freight strategic plan under 
     subsection (a), and every 5 years thereafter, the Secretary 
     shall update the plan and publish the updated plan on the 
     public Internet Web site of the Department of Transportation.
       ``(d) Consultation.--The Secretary shall develop and update 
     the national freight strategic plan in consultation with 
     State departments of transportation, metropolitan planning 
     organizations, and other appropriate public and private 
     transportation stakeholders.

     ``Sec. 70103. National Multimodal Freight Network

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of this section, the Secretary of Transportation 
     shall establish the National Multimodal Freight Network in 
     accordance with this section--
       ``(1) to focus Federal policy on the most strategic freight 
     assets; and
       ``(2) to assist in strategically directing resources and 
     policies toward improved performance of the National 
     Multimodal Freight Network.
       ``(b) Network Components.--The National Multimodal Freight 
     Network shall include--
       ``(1) the National Highway Freight Network, as established 
     under section 167 of title 23;
       ``(2) the freight rail systems of Class I railroads, as 
     designated by the Surface Transportation Board;
       ``(3) the public ports of the United States that have total 
     annual foreign and domestic trade of at least 2,000,000 short 
     tons, as identified by the Waterborne Commerce Statistics 
     Center of the Army Corps of Engineers, using the data from 
     the latest year for which such data is available;
       ``(4) the inland and intracoastal waterways of the United 
     States, as described in section

[[Page H7576]]

     206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 
     1804);
       ``(5) the Great Lakes, the St. Lawrence Seaway, and coastal 
     routes along which domestic freight is transported;
       ``(6) the 50 airports located in the United States with the 
     highest annual landed weight, as identified by the Federal 
     Aviation Administration; and
       ``(7) other strategic freight assets, including strategic 
     intermodal facilities and freight rail lines of Class II and 
     Class III railroads, designated by the Secretary as critical 
     to interstate commerce.
       ``(c) Other Strategic Freight Assets.--In determining 
     network components in subsection (b), the Secretary may 
     consider strategic freight assets identified by States, 
     including public ports if such ports do not meet the annual 
     tonnage threshold, for inclusion on the National Multimodal 
     Freight Network.
       ``(d) Redesignation.--Not later than 5 years after the date 
     of establishment of the National Multimodal Freight Network 
     under subsection (a), and every 5 years thereafter, the 
     Secretary shall update the National Multimodal Freight 
     Network.
       ``(e) Consultation.--The Secretary shall establish and 
     update the National Multimodal Freight Network in 
     consultation with State departments of transportation and 
     other appropriate public and private transportation 
     stakeholders.
       ``(f) Landed Weight Defined.--In this section, the term 
     `landed weight' means the weight of an aircraft transporting 
     only cargo in intrastate, interstate, or foreign air 
     transportation, as such terms are defined in section 
     40102(a).

     ``CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND 
                              INFORMATION

``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Data and tools.

     ``Sec. 70201. State freight advisory committees

       ``(a) In General.--The Secretary of Transportation shall 
     encourage each State to establish a freight advisory 
     committee consisting of a representative cross-section of 
     public and private sector freight stakeholders, including 
     representatives of ports, freight railroads, shippers, 
     carriers, freight-related associations, third-party logistics 
     providers, the freight industry workforce, the transportation 
     department of the State, and local governments.
       ``(b) Role of Committee.--A freight advisory committee of a 
     State described in subsection (a) shall--
       ``(1) advise the State on freight-related priorities, 
     issues, projects, and funding needs;
       ``(2) serve as a forum for discussion for State 
     transportation decisions affecting freight mobility;
       ``(3) communicate and coordinate regional priorities with 
     other organizations;
       ``(4) promote the sharing of information between the 
     private and public sectors on freight issues; and
       ``(5) participate in the development of the freight plan of 
     the State described in section 70202.

     ``Sec. 70202. State freight plans

       ``(a) In General.--Each State 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) a description of how the plan will improve the 
     ability of the State to meet the national freight goals 
     described in section 70101;
       ``(4) evidence of consideration of innovative technologies 
     and operational strategies, including intelligent 
     transportation systems, that improve the safety and 
     efficiency of freight movement;
       ``(5) in the case of routes 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; and
       ``(6) an inventory of facilities with freight mobility 
     issues, such as truck bottlenecks, within the State, and a 
     description of the strategies the State is employing to 
     address those freight mobility issues.
       ``(c) Relationship to State Plans.--
       ``(1) In general.--A freight plan described in subsection 
     (a) may be developed separately from or incorporated into the 
     statewide transportation plans required by section 135 of 
     title 23.
       ``(2) Updates.--If the freight plan described in subsection 
     (a) is developed separately from the State transportation 
     improvement program, the freight plan shall be updated at 
     least every 5 years.

     ``Sec. 70203. Data and tools

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall--
       ``(1) begin development of new tools or improve 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;
       ``(B) tools for ensuring that the evaluation of freight-
     related and other transportation projects may consider 
     safety, economic competitiveness, environmental 
     sustainability, and system condition in the project selection 
     process; and
       ``(C) other elements to assist in effective transportation 
     planning;
       ``(2) identify transportation-related freight travel models 
     and 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, including improved 
     methods to standardize and manage the data, 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).''.
       (b) Clerical Amendment.--The analysis of subtitles for 
     title 49, United States Code, is amended by striking the item 
     relating to subtitle IX and inserting the following:

``IX. Multimodal Freight Transportation....................70101''.....

       (c) Repeals.--Sections 1117 and 1118 of MAP-21 (Public Law 
     112-141), and the items relating to such sections in the 
     table of contents in section 1(c) of such Act, are repealed.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

     SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
                   FINANCE BUREAU.

       (a) In General.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 116. National Surface Transportation and Innovative 
       Finance Bureau

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish a National Surface Transportation and Innovative 
     Finance Bureau in the Department.
       ``(b) Purposes.--The purposes of the Bureau shall be--
       ``(1) to administer the application processes for programs 
     within the Department in accordance with subsection (d);
       ``(2) to promote innovative financing best practices in 
     accordance with subsection (e);
       ``(3) to reduce uncertainty and delays with respect to 
     environmental reviews and permitting in accordance with 
     subsection (f);
       ``(4) to reduce costs and risks to taxpayers in project 
     delivery and procurement in accordance with subsection (g); 
     and
       ``(5) to carry out subtitle IX of this title.
       ``(c) Executive Director.--
       ``(1) Appointment.--The Bureau shall be headed by an 
     Executive Director, who shall be appointed in the competitive 
     service by the Secretary, with the approval of the President.
       ``(2) Duties.--The Executive Director shall--
       ``(A) report to the Under Secretary of Transportation for 
     Policy;
       ``(B) be responsible for the management and oversight of 
     the daily activities, decisions, operations, and personnel of 
     the Bureau;
       ``(C) support the Council on Credit and Finance established 
     under section 117 in accordance with this section; and
       ``(D) carry out such additional duties as the Secretary may 
     prescribe.
       ``(d) Administration of Certain Application Processes.--
       ``(1) In general.--The Bureau shall administer the 
     application processes for the following programs:
       ``(A) The infrastructure finance programs authorized under 
     chapter 6 of title 23.
       ``(B) The railroad rehabilitation and improvement financing 
     program authorized under sections 501 through 503 of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 (45 
     U.S.C. 821-823).
       ``(C) Amount allocations authorized under section 142(m) of 
     the Internal Revenue Code of 1986.
       ``(D) The nationally significant freight and highway 
     projects program under section 117 of title 23.
       ``(2) Congressional notification.--The Secretary shall 
     ensure that the congressional notification requirements for 
     each program referred to in paragraph (1) are followed in 
     accordance with the statutory provisions applicable to the 
     program.
       ``(3) Reports.--The Secretary shall ensure that the 
     reporting requirements for each program referred to in 
     paragraph (1) are followed in accordance with the statutory 
     provisions applicable to the program.
       ``(4) Coordination.--In administering the application 
     processes for the programs referred to in paragraph (1), the 
     Executive Director of the Bureau shall coordinate with 
     appropriate officials in the Department and its modal 
     administrations responsible for administering such programs.
       ``(5) Streamlining approval processes.--Not later than 1 
     year after the date of enactment of this section, the 
     Secretary shall submit to the Committee on Transportation and

[[Page H7577]]

     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Banking, Housing, and Urban Affairs, and the 
     Committee on Environment and Public Works of the Senate a 
     report that--
       ``(A) evaluates the application processes for the programs 
     referred to in paragraph (1);
       ``(B) identifies administrative and legislative actions 
     that would improve the efficiency of the application 
     processes without diminishing Federal oversight; and
       ``(C) describes how the Secretary will implement 
     administrative actions identified under subparagraph (B) that 
     do not require an Act of Congress.
       ``(6) Procedures and transparency.--
       ``(A) Procedures.--The Secretary shall, with respect to the 
     programs referred to in paragraph (1)--
       ``(i) establish procedures for analyzing and evaluating 
     applications and for utilizing the recommendations of the 
     Council on Credit and Finance;
       ``(ii) establish procedures for addressing late-arriving 
     applications, as applicable, and communicating the Bureau's 
     decisions for accepting or rejecting late applications to the 
     applicant and the public; and
       ``(iii) document major decisions in the application 
     evaluation process through a decision memorandum or similar 
     mechanism that provides a clear rationale for such decisions.
       ``(B) Review.--
       ``(i) In general.--The Comptroller General of the United 
     States shall review the compliance of the Secretary with the 
     requirements of this paragraph.
       ``(ii) Recommendations.--The Comptroller General may make 
     recommendations to the Secretary in order to improve 
     compliance with the requirements of this paragraph.
       ``(iii) Report.--Not later than 3 years after the date of 
     enactment of this section, the Comptroller General shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the review conducted under clause (i), including 
     findings and recommendations for improvement.
       ``(e) Innovative Financing Best Practices.--
       ``(1) In general.--The Bureau shall work with the modal 
     administrations within the Department, the States, and other 
     public and private interests to develop and promote best 
     practices for innovative financing and public-private 
     partnerships.
       ``(2) Activities.--The Bureau shall carry out paragraph 
     (1)--
       ``(A) by making Federal credit assistance programs more 
     accessible to eligible recipients;
       ``(B) by providing advice and expertise to State and local 
     governments that seek to leverage public and private funding;
       ``(C) by sharing innovative financing best practices and 
     case studies from State and local governments with other 
     State and local governments that are interested in utilizing 
     innovative financing methods; and
       ``(D) by developing and monitoring--
       ``(i) best practices with respect to standardized State 
     public-private partnership authorities and practices, 
     including best practices related to--

       ``(I) accurate and reliable assumptions for analyzing 
     public-private partnership procurements;
       ``(II) procedures for the handling of unsolicited bids;
       ``(III) policies with respect to noncompete clauses; and
       ``(IV) other significant terms of public-private 
     partnership procurements, as determined appropriate by the 
     Bureau;

       ``(ii) standard contracts for the most common types of 
     public-private partnerships for transportation facilities; 
     and
       ``(iii) analytical tools and other techniques to aid State 
     and local governments in determining the appropriate project 
     delivery model, including a value for money analysis.
       ``(3) Transparency.--The Bureau shall--
       ``(A) ensure transparency of a project receiving credit 
     assistance under a program identified in subsection (d)(1) 
     and procured as a public-private partnership by--
       ``(i) requiring the project sponsor of such project to 
     undergo a value for money analysis or a comparable analysis 
     prior to deciding to advance the project as a public-private 
     partnership;
       ``(ii) requiring the analysis required under subparagraph 
     (A) and other key terms of the relevant public-private 
     partnership agreement, to be made publicly available by the 
     project sponsor at an appropriate time;
       ``(iii) not later than 3 years after the completion of the 
     project, requiring the project sponsor of such project to 
     conduct a review regarding whether the private partner is 
     meeting the terms of the relevant public private partnership 
     agreement for the project; and
       ``(iv) providing a publicly available summary of the total 
     level of Federal assistance in such project; and
       ``(B) develop guidance to implement this paragraph that 
     takes into consideration variations in State and local laws 
     and requirements related to public-private partnerships.
       ``(4) Support to projects sponsors.--At the request of a 
     State or local government, the Bureau shall provide technical 
     assistance to the State or local government regarding 
     proposed public-private partnership agreements for 
     transportation facilities, including assistance in performing 
     a value for money analysis or comparable analysis.
       ``(5) Fixed guideway transit procedures report.--Not later 
     than 1 year after the date of enactment of this section, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report that--
       ``(A) evaluates the differences between traditional design-
     bid-build, design-build, and public-private partnership 
     procurements for projects carried out under the fixed 
     guideway capital investment program authorized under section 
     5309;
       ``(B) identifies, for project procured as public-private 
     partnerships whether the review and approval process under 
     the program requires modification to better suit the unique 
     nature of such procurements; and
       ``(C) describes how the Secretary will implement any 
     administrative actions identified under subparagraph (B) that 
     do not require an Act of Congress.
       ``(f) Environmental Review and Permitting.--
       ``(1) In general.--The Bureau shall take such actions as 
     are appropriate and consistent with the goals and policies 
     set forth in this title and title 23, including with the 
     concurrence of other Federal agencies as required under this 
     title and title 23, to improve delivery timelines for 
     projects.
       ``(2) Activities.--The Bureau shall carry out paragraph 
     (1)--
       ``(A) by serving as the Department's liaison to the Council 
     on Environmental Quality;
       ``(B) by coordinating Department-wide efforts to improve 
     the efficiency and effectiveness of the environmental review 
     and permitting process;
       ``(C) by coordinating Department efforts under section 139 
     of title 23;
       ``(D) by supporting modernization efforts at Federal 
     agencies to achieve innovative approaches to the permitting 
     and review of projects;
       ``(E) by providing technical assistance and training to 
     field and headquarters staff of Federal agencies on policy 
     changes and innovative approaches to the delivery of 
     projects;
       ``(F) by identifying, developing, and tracking metrics for 
     permit reviews and decisions by Federal agencies for projects 
     under the National Environmental Policy Act of 1969; and
       ``(G) by administering and expanding the use of Internet-
     based tools providing for--
       ``(i) the development and posting of schedules for permit 
     reviews and permit decisions for projects; and
       ``(ii) the sharing of best practices related to efficient 
     permitting and reviews for projects.
       ``(3) Support to project sponsors.--At the request of a 
     State or local government, the Bureau, in coordination with 
     the other appropriate modal agencies within the Department, 
     shall provide technical assistance with regard to the 
     compliance of a project sponsored by the State or local 
     government with the requirements of the National 
     Environmental Policy Act 1969 and relevant Federal 
     environmental permits.
       ``(g) Project Procurement.--
       ``(1) In general.--The Bureau shall promote best practices 
     in procurement for a project receiving assistance under a 
     program identified in subsection (d)(1) by developing, in 
     coordination with the Federal Highway Administration and 
     other modal agencies as appropriate, procurement benchmarks 
     in order to ensure accountable expenditure of Federal 
     assistance over the life cycle of such project.
       ``(2) Procurement benchmarks.--The procurement benchmarks 
     developed under paragraph (1) shall, to the maximum extent 
     practicable--
       ``(A) establish maximum thresholds for acceptable project 
     cost increases and delays in project delivery;
       ``(B) establish uniform methods for States to measure cost 
     and delivery changes over the life cycle of a project; and
       ``(C) be tailored, as necessary, to various types of 
     project procurements, including design-bid-build, design-
     build, and public private partnerships.
       ``(h) Elimination and Consolidation of Duplicative 
     Offices.--
       ``(1) Elimination of offices.--The Secretary may eliminate 
     any office within the Department if the Secretary determines 
     that the purposes of the office are duplicative of the 
     purposes of the Bureau, and the elimination of such office 
     shall not adversely affect the obligations of the Secretary 
     under any Federal law.
       ``(2) Consolidation of offices.--The Secretary may 
     consolidate any office within the Department into the Bureau 
     that the Secretary determines has duties, responsibilities, 
     resources, or expertise that support the purposes of the 
     Bureau.
       ``(3) Staffing and budgetary resources.--
       ``(A) In general.--The Secretary shall ensure that the 
     Bureau is adequately staffed and funded.
       ``(B) Staffing.--The Secretary may transfer to the Bureau a 
     position within the Department from any office that is 
     eliminated or consolidated under this subsection if the 
     Secretary determines that the position is necessary to carry 
     out the purposes of the Bureau.

[[Page H7578]]

       ``(C) Budgetary resources.--
       ``(i) Transfer of funds from eliminated or consolidated 
     offices.--The Secretary may transfer to the Bureau funds 
     allocated to any office that is eliminated or consolidated 
     under this subsection to carry out the purposes of the 
     Bureau.
       ``(ii) Transfer of funds allocated to administrative 
     costs.--The Secretary shall transfer to the Bureau funds 
     allocated to the administrative costs of processing 
     applications for the programs referred to in subsection 
     (d)(1).
       ``(4) Report.--Not later than 180 days after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works and the Committee on Commerce, Science, and 
     Transportation of the Senate a report that--
       ``(A) lists the offices eliminated under paragraph (1) and 
     provides the rationale for elimination of the offices;
       ``(B) lists the offices consolidated under paragraph (2) 
     and provides the rationale for consolidation of the offices; 
     and
       ``(C) describes the actions taken under paragraph (3) and 
     provides the rationale for taking such actions.
       ``(i) Savings Provisions.--
       ``(1) Laws and regulations.--Nothing in this section may be 
     construed to change a law or regulation with respect to a 
     program referred to in subsection (d)(1).
       ``(2) Responsibilities.--Nothing in this section may be 
     construed to abrogate the responsibilities of an agency, 
     operating administration, or office within the Department 
     otherwise charged by a law or regulation with other aspects 
     of program administration, oversight, and project approval or 
     implementation for the programs and projects subject to this 
     section.
       ``(j) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Bureau.--The term `Bureau' means the National Surface 
     Transportation and Innovative Finance Bureau of the 
     Department.
       ``(2) Department.--The term `Department' means the 
     Department of Transportation.
       ``(3) Multimodal project.--The term `multimodal project' 
     means a project involving the participation of more than one 
     modal administration or secretarial office within the 
     Department.
       ``(4) Project.--The term `project' means a highway project, 
     public transportation capital project, freight or passenger 
     rail project, or multimodal project.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``116. National Surface Transportation and Innovative Finance 
              Bureau.''.

     SEC. 9002. COUNCIL ON CREDIT AND FINANCE.

       (a) In General.--Chapter 1 of title 49, United States Code, 
     as amended by this Act, is further amended by adding at the 
     end the following:

     ``Sec. 117. Council on Credit and Finance

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish a Council on Credit and Finance in accordance with 
     this section.
       ``(b) Membership.--
       ``(1) In general.--The Council shall be composed of the 
     following members:
       ``(A) The Under Secretary of Transportation for Policy.
       ``(B) The Chief Financial Officer and Assistant Secretary 
     for Budget and Programs.
       ``(C) The General Counsel of the Department of 
     Transportation.
       ``(D) The Assistant Secretary for Transportation Policy.
       ``(E) The Administrator of the Federal Highway 
     Administration.
       ``(F) The Administrator of the Federal Transit 
     Administration.
       ``(G) The Administrator of the Federal Railroad 
     Administration.
       ``(2) Additional members.--The Secretary may designate up 
     to 3 additional officials of the Department to serve as at-
     large members of the Council.
       ``(3) Chairperson and vice chairperson.--
       ``(A) Chairperson.--The Under Secretary of Transportation 
     for Policy shall serve as the chairperson of the Council.
       ``(B) Vice chairperson.--The Chief Financial Officer and 
     Assistant Secretary for Budget and Programs shall serve as 
     the vice chairperson of the Council.
       ``(4) Executive director.--The Executive Director of the 
     National Surface Transportation and Innovative Finance Bureau 
     shall serve as a nonvoting member of the Council.
       ``(c) Duties.--The Council shall--
       ``(1) review applications for assistance submitted under 
     the programs referred to in section 116(d)(1);
       ``(2) make recommendations to the Secretary regarding the 
     selection of projects to receive assistance under the 
     programs referred to in section 116(d)(1);
       ``(3) review, on a regular basis, projects that received 
     assistance under the programs referred to in section 
     116(d)(1); and
       ``(4) carry out such additional duties as the Secretary may 
     prescribe.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     further amended by adding at the end the following:

``117. Council on Credit and Finance.''.

    TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

     SEC. 10001. ALLOCATIONS.

       (a) Authorization.--Section 3 of the Dingell-Johnson Sport 
     Fish Restoration Act (16 U.S.C. 777b) is amended by striking 
     ``57 percent'' and inserting ``58.012 percent''.
       (b) In General.--Section 4 of the Dingell-Johnson Sport 
     Fish Restoration Act (16 U.S.C. 777c) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``For each'' and all that follows through 
     ``the balance'' and inserting ``For each fiscal year through 
     fiscal year 2021, the balance''; and
       (ii) by striking ``multistate conservation grants under 
     section 14'' and inserting ``activities under section 
     14(e)'';
       (B) in paragraph (1), by striking ``18.5'' percent and 
     inserting ``18.673 percent'';
       (C) in paragraph (2) by striking ``18.5 percent'' and 
     inserting ``17.315 percent'';
       (D) by striking paragraphs (3) and (4);
       (E) by redesignating paragraph (5) as paragraph (4); and
       (F) by inserting after paragraph (2) the following:
       ``(3) Boating infrastructure improvement.--
       ``(A) In general.--An amount equal to 4 percent to the 
     Secretary of the Interior for qualified projects under 
     section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 
     1322 note) and section 7404(d) of the Sportfishing and 
     Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)).
       ``(B) Limitation.--Not more than 75 percent of the amount 
     under subparagraph (A) shall be available for projects under 
     either of the sections referred to in subparagraph (A).'';
       (2) in subsection (b)--
       (A) in paragraph (1)(A) by striking ``for each'' and all 
     that follows through ``the Secretary'' and inserting ``for 
     each fiscal year through fiscal year 2021, the Secretary'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Set-aside for coast guard administration.--
       ``(A) In general.--From the annual appropriation made in 
     accordance with section 3, for each of fiscal years 2016 
     through 2021, the Secretary of the department in which the 
     Coast Guard is operating may use no more than the amount 
     specified in subparagraph (B) for the fiscal year for the 
     purposes set forth in section 13107(c) of title 46, United 
     States Code. The amount specified in subparagraph (B) for a 
     fiscal year may not be included in the amount of the annual 
     appropriation distributed under subsection (a) for the fiscal 
     year.
       ``(B) Available amounts.--The available amount referred to 
     in subparagraph (A) is--
       ``(i) for fiscal year 2016, $7,800,000;
       ``(ii) for fiscal year 2017, $7,900,000;
       ``(iii) for fiscal year 2018, $8,000,000;
       ``(iv) for fiscal year 2019, $8,100,000;
       ``(v) for fiscal year 2020, $8,200,000; and
       ``(vi) for fiscal year 2021, $8,300,000.''; and
       (D) in paragraph (3), as so redesignated--
       (i) in subparagraph (A), by striking ``until the end of the 
     fiscal year.'' and inserting ``until the end of the 
     subsequent fiscal year.''; and
       (ii) in subparagraph (B) by striking ``under subsection 
     (e)'' and inserting ``under subsection (c)'';
       (3) in subsection (c)--
       (A) by striking ``(c) The Secretary'' and inserting 
     ``(c)(1) The Secretary,'';
       (B) by striking ``grants under section 14 of this title'' 
     and inserting ``activities under section 14(e)'';
       (C) by striking ``57 percent'' and inserting ``58.012 
     percent''; and
       (D) by adding at the end the following:
       ``(2) The Secretary shall deduct from the amount to be 
     apportioned under paragraph (1) the amounts used for grants 
     under section 14(a).''; and
       (4) in subsection (e)(1), by striking ``those 
     subsections,'' and inserting ``those paragraphs,''.
       (c) Submission and Approval of Plans and Projects.--Section 
     6(d) of the Dingell-Johnson Sport Fish Restoration Act (16 
     U.S.C. 777e(d)) is amended by striking ``for appropriations'' 
     and inserting ``from appropriations''.
       (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of 
     the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
     777g(b)(2)) is amended by striking ``57 percent'' and 
     inserting ``58.012 percent''.
       (e) Cooperation.--Section 12 of the Dingell-Johnson Sport 
     Fish Restoration Act (16 U.S.C. 777k) is amended--
       (1) by striking ``57 percent'' and inserting ``58.012 
     percent''; and
       (2) by striking ``under section 4(b)'' and inserting 
     ``under section 4(c)''.
       (f) Other Activities.--Section 14 of the Dingell-Johnson 
     Sport Fish Restoration Act (16 U.S.C. 777m) is amended--
       (1) in subsection (a)(1), by striking ``of each annual 
     appropriation made in accordance with the provisions of 
     section 3''; and
       (2) in subsection (e)--
       (A) in the matter preceding paragraph (1) by striking ``Of 
     amounts made available under section 4(b) for each fiscal 
     year--'' and inserting ``Not more than $1,200,000 of each 
     annual appropriation made in accordance with the provisions 
     of section 3 shall be distributed to the Secretary of the 
     Interior for use as follows:''; and
       (B) in paragraph (1)(D) by striking ``; and'' and inserting 
     a period.
       (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act 
     (16 U.S.C. 777 et seq.) is amended--
       (1) by striking section 15; and
       (2) by redesignating section 16 as section 15.

[[Page H7579]]

  


     SEC. 10002. RECREATIONAL BOATING SAFETY.

       Section 13107 of title 46, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(1) Subject to paragraph (2) and 
     subsection (c),'' and inserting ``Subject to subsection 
     (c),'';
       (B) by striking ``the sum of (A) the amount made available 
     from the Boat Safety Account for that fiscal year under 
     section 15 of the Dingell-Johnson Sport Fish Restoration Act 
     and (B)''; and
       (C) by striking paragraph (2); and
       (2) in subsection (c)--
       (A) by striking the subsection designation and paragraph 
     (1) and inserting the following:
       ``(c)(1)(A) The Secretary may use amounts made available 
     each fiscal year under section 4(b)(2) of the Dingell-Johnson 
     Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment 
     of expenses of the Coast Guard for investigations, personnel, 
     and activities directly related to--
       ``(i) administering State recreational boating safety 
     programs under this chapter; or
       ``(ii) coordinating or carrying out the national 
     recreational boating safety program under this title.
       ``(B) Of the amounts used by the Secretary each fiscal year 
     under subparagraph (A)--
       ``(i) not less than $2,000,000 is available to ensure 
     compliance with chapter 43 of this title; and
       ``(ii) not more than $1,500,000 is available to conduct a 
     survey of levels of recreational boating participation and 
     related matters in the United States.''; and
       (B) in paragraph (2)--
       (i) by striking ``No funds'' and inserting ``On and after 
     October 1, 2016, no funds''; and
       (ii) by striking ``traditionally''.

       In such matter, strike division C, except--
       (1) the division designation and heading; and
       (2) in title XXXIV--
       (A) the title designation and heading; and
       (B) subtitles B, C, and D.

       In such matter, strike divisions D, G, and H.


                 Amendment No. 1 Offered by Mr. Shuster

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
part B of House Report 114-325.
  Mr. SHUSTER. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 62, line 19, before the semicolon insert ``and 
     critical commerce corridors''.
       Page 77, strike lines 6 and 7 and insert the following:

     ``Sec. 207. Tribal transportation self-governance program

       Page 218, beginning on line 6, amend the heading for 
     section 1416 to read as follows:

     SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HYDROGEN, 
                   PROPANE, AND NATURAL GAS FUELING CORRIDORS.

       Page 218, line 12, insert ``propane,'' after ``hydrogen,''.
       Page 218, line 17, insert ``propane,'' after ``hydrogen,''.
       Page 218, line 20, insert ``propane fueling 
     infrastructure,'' after ``hydrogen infrastructure,''.
       Page 218, line 24, insert ``propane,'' after ``fuel 
     cell,''.
       Page 219, lines 5 and 6, insert ``stations'' after 
     ``electric vehicle charging''.
       Page 219, line 6, insert ``propane fueling stations,'' 
     after ``hydrogen fueling stations,''.
       Page 219, line 10, insert ``stations'' after ``electric 
     vehicle charging''.
       Page 219, line 11, insert ``propane fueling stations,'' 
     after ``stations,''.
       Page 219, line 19, insert ``propane,'' after ``fuel cell 
     electric,''.
       Page 220, line 12, insert ``infrastructure'' after 
     ``electric vehicle charging''.
       Page 220, line 13, insert ``propane fueling 
     infrastructure,'' after ``infrastructure,''.
       Page 220, line 20, insert ``infrastructure'' after 
     ``electric vehicle charging''.
       Page 220, line 21, insert ``propane fueling 
     infrastructure,'' after ``hydrogen infrastructure,''.
       Page 221, amend the matter following line 2 to read as 
     follows:

``151. National electric vehicle charging, hydrogen, propane, and 
              natural gas fueling corridors.''.
       Page 276, line 14, strike the first semicolon and insert 
     ``; and''.
       Page 324, line 1, strike ``High visibility'' and insert 
     ``High-visibility''.
       Page 393, line 23, add ``and'' at the end.
       Page 537, line 15, before the period insert ``and 
     planning''.
       Page 543, line 11, strike ``disclose'' and insert 
     ``disclosure''.
       Page 553, strike line 11 and all that follows through line 
     2 on page 571.
       Page 604, line 8, strike the closing quotation marks.
       Page 604, line 9, insert closing quotation marks after 
     ``percent''.
       Page 606, strike lines 5 through 12 and insert the 
     following:
       ``(i) for fiscal year 2016, $7,300,000;
       ``(ii) for fiscal year 2017, $7,400,000;
       ``(iii) for fiscal year 2018, $7,500,000;
       ``(iv) for fiscal year 2019, $7,600,000;
       ``(v) for fiscal year 2020, $7,700,000; and
       ``(vi) for fiscal year 2021, $7,800,000.''; and

  The CHAIR. Pursuant to House Resolution 507, the gentleman from 
Pennsylvania (Mr. Shuster) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. SHUSTER. Mr. Chairman, the manager's amendment that I am offering 
makes technical and conforming changes to the Rules Committee Print.
  This amendment was developed in cooperation with Ranking Member 
DeFazio. So I would urge all Members to support my amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Pennsylvania (Mr. Shuster).
  The amendment was agreed to.


         Amendment No. 2 Offered by Mr. Swalwell of California

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
part B of House Report 114-325.
  Mr. SWALWELL of California. Mr. Chairman, I have an amendment at the 
desk made in order under the rule.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 26, after line 2, insert the following:
       ``(4) by adding at the end the following:
       `` `(35) Shared-use programs & technologies.--The term 
     ``Shared-Use Programs & Technologies'' refers to projects and 
     programs that utilize innovative mobility technologies to 
     provide alternatives to driving alone, including, but not 
     limited to, carshare, Bikeshare, carpool/vanpool, 
     transportation network companies, multimodal fare payment 
     system, app based mobility providers, and other innovative 
     projects. '.''.
       Page 53, line 3, strike the period and insert ``; or''.
       Page 53, after line 3, insert the following new paragraph:
       ``(10) shared-Use Programs & Technologies that have a 
     demonstrated ability to reduce vehicle miles traveled or 
     improve air quality as determined by the Secretary.''.
       Page 241, strike lines 9 through 10 and insert the 
     following:
       (1) in paragraph (1)--
       (A) in subparagraph (C) by striking ``landscaping'';
       (B) in subparagraph (F) by striking ``or'';
       (C) in subparagraph (G) by striking period and inserting 
     ``; or''; and
       (D) by adding at the end the following:
       ``(H) Transit Oriented Shared-Use Programs and 
     Technologies.''.
       Page 241, after line 20, add the following:
       ``(26) Transit oriented shared-use programs & 
     technologies.--The term `Transit Oriented Shared-Use Programs 
     & Technologies' refers to projects and programs that utilize 
     innovative mobility technologies to better connect users with 
     a transit system including, but not limited to, carshare, 
     Bikeshare, carpool/vanpool, transportation network companies, 
     multimodal fare payment system, app based mobility providers, 
     and other innovative projects that help connect users to 
     transit.''.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from 
California (Mr. Swalwell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. SWALWELL of California. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chair, I rise to offer a bipartisan amendment with the gentleman 
from Arizona (Mr. Schweikert) that would make it easier for public 
entities to better utilize the benefits of new and innovative 
technologies to deliver more and better transportation outcomes.
  I thank my friend, Congressman Schweikert, for cosponsoring this 
important amendment. I also thank the gentleman from Indiana (Mr. 
Rokita) for his work in the subcommittee on a similar issue.
  In recent years, the Internet, new technologies, and shared-use 
programs have revolutionized the way we travel. Our Federal 
transportation policies, however, must take advantage of these new 
technologies and shared programs to help reduce traffic congestion, 
help improve air quality, and better connect users with mass 
transportation options.
  My amendment is simple. It would make eligible projects and programs 
that utilize innovative mobility technologies to provide alternatives 
to driving alone under the Congestion Mitigation and Air Quality 
Improvement Program, also known as CMAQ, and the associated transit 
improvement program to better connect users to mass transit systems.
  Allowing States and cities to have the flexibility to choose how to 
better improve transportation outcomes under CMAQ and associated 
transit improvement programs can help spur innovation to create better 
results for

[[Page H7580]]

transit users, ultimately allowing people to spend less time in their 
car and more time at home with their families.
  I know from driving in my district, California's 15th Congressional 
District, the East Bay, where traffic congestion is among the worst in 
our country, we need to give our States and local governments every 
opportunity to utilize new technologies and shared programs to reduce 
traffic.
  Under both CMAQ and associated transit improvement programs, State 
and local entities are already able to partner with private companies. 
Why not include these new technologies and shared programs to achieve 
these goals?
  Let me be clear, Mr. Chair. This amendment does not mandate that any 
funding go to any entity, and this amendment does not increase Federal 
spending by a dime.
  I urge my colleagues to support this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Mr. Chair, while this amendment is well intended, the 
amendment would dilute the eligibilities currently available to States 
to combat congestion and air.
  We have not had adequate time to determine if there are any 
unintended consequences of providing eligibility for broadly expanding 
the eligibilities to include things like car share, bike share, and 
transportation network companies.
  Additionally, this amendment includes these new eligibilities in the 
associated transit improvement mandate. The mandate hurts local 
flexibility and could have serious unintended consequences.
  Our bill worked to reform this mandate. So I reluctantly urge all 
Members to oppose this amendment.
  I reserve the balance of my time.
  Mr. SWALWELL of California. Mr. Chairman, I yield myself 2 minutes.
  My amendment also would allow States and local governments to partner 
with innovative technologies that best serve transit systems. For 
example, by explicitly including car-sharing and bike-sharing 
companies, like Lyft, a California-based company, we can both reduce 
congestion and improve air quality while ensuring people have access to 
mass transportation.
  According to a research done by UC Berkeley, there are 32 car-sharing 
operators in the United States with over 1.1 million members and 16,754 
vehicles. These car-sharing and bike-sharing examples are just a few of 
the many opportunities that would be explicitly available to States and 
local governments.
  Thirty cities have bike-sharing systems with over 17,000 bikes 
available. In 2013, a survey of Capital Bikeshare here in the Capital 
City found that users drove 4.4 million fewer miles to access this 
program.
  Also, it is important to note that these technologies and shared 
programs are already being implemented by cities across the country. 
Companies like Lyft and Uber are working in coordination with city 
governments to better connect workers to transit options. Lyft, for 
one, is now integrated in the Dallas Area Rapid Transit app, offering 
riders another option to start or end their transit trips.
  This amendment makes an important step toward using technology and 
shared programs to create a fully integrated transit system and improve 
its effectiveness.
  With that, Mr. Chairman, I yield to the gentleman from Arizona (Mr. 
Schweikert).
  Mr. SCHWEIKERT. Mr. Chair, I thank my friend from California and my 
fellow Members who I just pushed out of the way.
  Look, I know that we are discussing a transportation bill. But if you 
look at an amendment like this, the understanding of what is coming at 
us technology-wise, information, its ability to change how we look at 
moving ourselves, moving people, moving goods, moving freight, the 
amendment just basically directs the embracing of the information age 
and the opportunity that provides to actually deal with crowded roads, 
deal with congestion, and actually provide us some optionality out 
there.
  That is one of the reasons I stand behind this microphone and 
actually sort of stand behind my friend's amendment.
  Mr. SWALWELL of California. Mr. Chairman, I yield back the balance of 
my time.
  Mr. SHUSTER. Mr. Chair, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from California (Mr. Swalwell).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. SWALWELL of California. Mr. Chair, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from California will be 
postponed.


                 Amendment No. 3 Offered by Mr. Walden

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
part B of House Report 114-325.
  Mr. WALDEN. Mr. Chairman, I offer my amendment.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 67, strike lines 1 and 2 and insert the following:
       ``(ii) a highway or bridge project carried out on the 
     National Highway System, including--

       ``(I) a project to add capacity to the Interstate System to 
     improve mobility; and
       ``(II) a project in a national scenic area;

  The CHAIR. Pursuant to House Resolution 507, the gentleman from 
Oregon (Mr. Walden) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. WALDEN. Mr. Chair, I rise today in support of this bipartisan 
amendment, which clarifies the eligibility of projects within national 
scenic areas under the nationally significant freight and highway 
project section of this legislation.
  I thank Representatives Jaime Herrera Beutler, Earl Blumenauer, and 
Garret Graves for cosponsoring this important amendment with me. I 
thank Chairman Shuster, Ranking Member DeFazio, Chairman Graves, and 
Ranking Member Holmes Norton for their support as well.
  Across the Nation, there are 12 national scenic areas in 8 States, 
including the Columbia River Gorge National Scenic Area, which is the 
largest scenic area in the United States.
  This Federal overlay consists of 292,500 acres along 85 miles of the 
Columbia River in Oregon and Washington, encompassing 6 counties in 13 
different communities and subjecting the area to unique land use 
development restrictions. Ninety percent of the scenic area is subject 
to strict land use and development restrictions, including 114,600 
acres of special management area and 71,000 acres of national 
forestlands.
  While scenic areas like the Columbia Gorge provide tourist 
opportunities to thousands of visiting Americans from all across the 
country, this unique Federal involvement provides distinct challenges 
in promoting growth of the local economy while conserving natural 
beauty of the lands within the gorge.

                              {time}  1530

  Transportation infrastructure is an essential component to 
efficiently serve the interests of both local residents and visitors to 
the scenic area.
  There is a strong need for regional transportation planning and 
improvement to major transportation elements. That would include things 
such as the Hood River interstate bridge and the Bridge of the Gods at 
Cascade Locks. Together these amount to 5.2 million bridge crossings 
each year and the transfer of $110 million in goods, but they are 
deteriorating and deficient, and they are in need of major 
improvements. In fact, one of the bridges, the Hood River interstate 
bridge, was recently hit by a barge, which has caused some 
consternation about the damage that may have occurred there.
  Clarifying the eligibility of the scenic areas throughout the Nation 
for transportation grant funding would help ensure that these areas are 
eligible for meaningful funding opportunities to enhance infrastructure 
within these unique federally managed areas.

[[Page H7581]]

  Mr. Chairman, I urge adoption of this amendment to ensure that 
federally designated scenic areas like the Columbia River Gorge are 
eligible for these funds.
  I yield to the gentleman from Louisiana (Mr. Graves), the coauthor of 
this amendment, for his comments.
  Mr. GRAVES of Louisiana. Mr. Chairman, I want to thank Chairman 
Shuster, Ranking Member DeFazio, Congressman Walden, Congresswoman 
Herrera Beutler, Congressman Blumenauer, and others who worked to get 
to a point where we all could come to common agreement on this.
  The chairman included in this bill an important program called the 
Nationally Significant Freight and Highway Projects program. This 
program establishes a competitive grant opportunity for States, for 
metropolitan planning organizations, and for local governments to the 
tune of over $740 million annually.
  Mr. Chairman, this recognizes the fact that we have massive needs in 
transportation infrastructure that remain unaddressed. In my home city 
of Baton Rouge, you can see right here on this poster board, Mr. 
Chairman, that, for a midsized city, we have the worst traffic in the 
Nation. This is a snapshot of Google Maps taken just a few hours ago 
showing all the extraordinary traffic.
  Right here is one place in the Nation where the interstate going from 
California to Florida drops down to one lane. It shouldn't be a 
surprise to anyone that it is all red and shows extraordinarily backed-
up traffic. An average of 47 hours a year folks from this region sit in 
traffic.
  What this amendment does is it actually provides criteria for the 
United States Department of Transportation to consider when awarding 
grants under this competitive program. One of the criteria is ensuring 
mobility for addressing bottlenecks like this in substandard interstate 
systems to ensure the flow of traffic, to give back those 47 hours to 
the folks from the capital region of Louisiana so they can spend time 
with their families, so they can spend more time at work, so they can 
be more productive citizens, and so we can have lower emissions.
  Mr. Chairman, I want to thank Chairman Shuster and Ranking Member 
DeFazio for working with us on this amendment. I urge adoption of this 
amendment.
  Mr. WALDEN. Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, although I am not opposed to the 
amendment, I ask unanimous consent to claim the time in opposition so I 
may comment.
  The CHAIR. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  The CHAIR. The gentleman from Oregon is recognized for 5 minutes.
  Mr. DeFAZIO. Mr. Chairman, I strongly support this amendment and both 
its objectives, the Nationally Significant Freight and Highway 
Projects, under section 1111 of the rules, and the National Scenic 
Areas. I am quite familiar with the area mentioned by Representative 
Walden and the very scenic $1 tolled one-way Bridge of the Gods. It is 
a critical link. If it is not repaired or replaced, it is quite a long 
drive in either direction. This eligibility is potentially critical to 
getting Federal partnership in that project. There are other areas 
around the country which suffer from similar problems. I recommend this 
amendment to my colleagues.
  I yield back the balance of my time.
  Mr. WALDEN. Mr. Chairman, I want to thank my colleague from southern 
Oregon. I appreciate his support and that of my other colleagues in the 
Northwest and the chairman of the committee. I would urge adoption of 
this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Oregon (Mr. Walden).
  The amendment was agreed to.
  The CHAIR. It is now in order to consider amendment No. 4 printed in 
part B of House Report 114-325.


                  Amendment No. 5 Offered by Mr. Gosar

  The CHAIR. It is now in order to consider amendment No. 5 printed in 
part B of House Report 114-325.
  Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 144, line 6, before the semicolon insert the 
     following: ``(to include, at a minimum, the total number of 
     environmental reviews initiated through a notice of intent, 
     the total average cost for environmental reviews to taxpayers 
     and contractors, and the total average time it takes agencies 
     to get from a notice of intent to publication of a final 
     environmental review)''.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from 
Arizona (Mr. Gosar) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. GOSAR. Mr. Chairman, I rise today to offer a commonsense 
amendment to this transportation bill. This simple amendment requires 
the Federal Government to start keeping track of costs and time 
required for an environmental review undertaken for transportation 
projects in the new online database established by this bill.
  Last year GAO released a comprehensive audit of NEPA and found that 
there is currently no system in place for the Federal Government to 
track such information. It defies common sense that the Federal 
Government has no idea how long environmental reviews take or how much 
these reviews actually cost taxpayers and job creators.
  While scant information on this matter is available, GAO was able to 
identify that, within the Department of Energy, the average cost paid 
for a NEPA review was $6.6 million and that, shockingly, some 
environmental reviews cost nearly $90 million.
  In addition to the GAO report, a new report issued by the National 
Association of Environmental Professionals released just last week 
found that:

       It took agencies an average of 1,709 days to get from a 
     notice of intent, the first step in preparing an EIS, to 
     publication of a final EIS. That is 4 days longer than the 
     previous record set in 2013 and up from fewer than 1,200 days 
     in 2000.

  The report found that it takes the National Highway Administration 
6\1/2\ years to complete an environmental study, 6\1/2\ years before we 
can start work on construction projects. But the Federal Government 
can't even verify or dispute that number because they don't even track 
that information. These unnecessary delays would make Buzz Lightyear 
from ``Toy Story'' blush. His time mantra, ``to infinity and beyond,'' 
is inappropriate for NEPA. NEPA studies should not be allowed to linger 
in perpetuity.
  Contractors and folks in the construction industry are sitting on the 
sidelines losing time and money. Some have reported waiting as long as 
10 years on environmental studies before beginning work. The current 
system fails to provide certainty, and the current bureaucracy 
associated with this process is killing jobs.
  While the Federal Government doesn't seem to care to track this 
information, these reports confirm what exasperated contractors and 
frustrated taxpayers have known for years: the average time it takes to 
conduct an environmental review is growing. Each year more than a month 
is added to the average time it takes to complete these studies.
  My amendment will increase transparency for this process by requiring 
the Federal Government to start keeping track of the time, cost, and 
number of environmental studies conducted for transportation projects.
  This amendment is a responsible, commonsense step that a government 
accountable to the people should take to show proper stewardship of the 
public's dollar, time, and resources. If you support government 
accountability and transparency, you should support this amendment.
  I thank the chair and the ranking member for their tireless efforts 
to find a long-term transportation solution. I urge my colleagues to 
support my amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIR. The gentleman from Oregon is recognized for 5 minutes.
  Mr. DeFAZIO. Mr. Chairman, we are still in the process of 
implementing environmental streamlining from MAP-21, and yet this bill 
contains additional environmental streamlining that I

[[Page H7582]]

think will yield great results. We already have an accountability 
section at DOT with the Dashboard, and I would argue, given the fact 
that another section of this bill does further environmental 
streamlining on top of that which is still pending to be implemented, 
that it is unnecessary and, in fact, would be perhaps contradictory to 
the intent of the gentleman because of the time involved. It would 
essentially be like a billing in the private sector where every 15 
minutes you are writing down that you had to call this agency to talk 
about this or you had to review this letter or this document, and that 
is attributable to the environmental review versus some other part of 
the review. I think it would be problematic.
  I would urge Members to oppose this amendment and to support the bill 
because of the environmental streamlining that is in there. Let that 
environmental streamlining take effect; and a year or two down the 
road, if we feel that there are unaccountable delays, then we can look 
at ways to track that better.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GOSAR. Mr. Chairman, I would ask my colleagues to vote for this 
amendment in the fact that transparency doesn't hurt anybody. We need 
to look back at the process, and that should be for everybody--for the 
taxpayer, for the construction companies, for the States in which this 
is occurring. Transparency will show it all and leave nothing behind. 
It is great to implement this at the start of the process, not later on 
in the implementation. That is where common sense beleaguers me.
  Mr. Chairman, I ask everybody to vote for this amendment.
  I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I would urge my colleagues to oppose the 
amendment as it is unnecessary and, actually, time consuming, given the 
environmental streamlining in the bill.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Gosar).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Arizona will be postponed.


                  amendment no. 6 offered by mr. babin

  The CHAIR. It is now in order to consider amendment No. 6 printed in 
part B of House Report 114-325.
  Mr. BABIN. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 198, line 24, after the first period insert the 
     following: ``The route referred to in subsection (c)(84) is 
     designated as Interstate Route I-14.''.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from Texas 
(Mr. Babin) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BABIN. Mr. Chairman, I would like to begin by thanking Chairman 
Shuster and Ranking Member DeFazio and their staffs for their 
cooperation and assistance in moving this amendment forward. I would 
also like to thank the commissioners and the staff of the Texas 
Department of Transportation.
  I insert in the Record a letter of support for these efforts from 
Retired Lieutenant General Joe Weber.

                               Texas Department of Transportation,
                                     Austin, TX, October 29, 2015.
     Re High Priority Corridors on the National Highway System in 
         Texas

     Hon. Bill Shuster,
     House of Representatives,
     Washington, DC.
     Hon. Peter DeFazio,
     House of Representatives,
     Washington, DC.
       Dear Chairman Shuster and Ranking Member DeFazio: The Texas 
     Department of Transportation (TxDOT) is supportive of 
     Congressional action to enhance the highway system in Texas 
     and designate additional portions of that system as high 
     priority corridors and future interstates.
       TxDOT has facilitated communication with affected 
     communities and interested parties along the Central Texas 
     Corridor and U.S. 190, which is proposed to be a future 
     section of the interstate 14 corridor. The route is important 
     for east-west connectivity within the state and provides an 
     important link to military facilities, to metropolitan areas, 
     and Texas' existing and future interstate system.
       If I can be of additional assistance, please contact me or 
     your staff may contact Melissa Meyer in the TxDOT Federal 
     Affairs Section.
           Sincerely,
                                     LtGen J.F. Weber, USMC (Ret),
                                               Executive Director.

  Mr. BABIN. Mr. Chairman, I am honored to offer on behalf of my State 
of Texas, our military, and all Americans this amendment to designate 
the central Texas corridor as the first segment of what I truly believe 
will be America's next great highway, Interstate 14.
  As Supreme Allied Commander of Europe, General Dwight D. Eisenhower 
understood the critical importance of a reliable system of high-speed, 
high-capacity roadways to move across great distances the hardware and 
personnel that a modern military requires.
  As Commander in Chief, President Eisenhower applied these same 
principles to his domestic agenda with his championing of the 
Interstate Highway System. This allows our military to maintain maximum 
effectiveness and readiness, both in times of peace and in times of 
crisis. But even President Eisenhower could not have foreseen the 
incredible impact that the interstate system has had for almost every 
American family and business on a daily basis.
  Congress should not be in the business of designating a new 
interstate just because it can. A new interstate should truly serve the 
national interests on a number of levels. I am pleased to say, though, 
that the proposal of I-14 does not just meet these requirements; it far 
exceeds them. There is a reason this interstate already has a nickname, 
``Forts to Ports,'' as it provides either direct or very close access 
for some of our country's most strategically important military and 
shipping assets.
  I want to be very clear to my colleagues that this amendment that I 
am offering today only impacts my State of Texas and is just the first 
step in a long process for establishing a new interstate highway. Even 
one that builds upon many roadways that are already interstate grade is 
no small task. It requires buy-in from all the States involved, and the 
Interstate 14 coalition is working to get the consensus and the support 
that we have in Texas from all of these State DOTs and other 
stakeholders.
  Mr. Chairman, I urge my colleagues to adopt my amendment.
  I yield the balance of my time to the gentleman from Texas (Mr. 
Williams), my friend and colleague, a strong supporter of this 
amendment and former member of the Committee on Transportation and 
Infrastructure whose work in years past on this issue has helped lead 
us to where we are today.

                              {time}  1545

  Mr. WILLIAMS. Mr. Chairman, I rise today in support of Mr. Babin's 
amendment to designate 30 miles of existing freeway from Copperas Cove, 
Texas, to I-35 in Belton as U.S. Interstate 14.
  As the Texas Department of Transportation has previously 
acknowledged, the route is important for east-west connectivity and 
provides an important link to military facilities, metropolitan areas, 
and Texas' existing and future interstate systems.
  This highway will connect two of the Nation's largest military bases: 
Fort Bliss and Fort Hood. U.S. 190, the freeway from the front gate of 
Fort Hood to I-35 is already at interstate standards.
  Mr. Chairman, we are seeking Federal statutory designation as a high-
priority corridor and future interstate highway in order to save travel 
time, make this route the heart of a connector for freight, and link 
Army installations and strategic ports.
  In God we trust.
  Mr. BABIN. Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Babin).
  The amendment was agreed to.


                 Amendment No. 7 Offered by Mr. Massie

  The CHAIR. It is now in order to consider amendment No. 7 printed in 
part B of House Report 114-325.
  Mr. MASSIE. Mr. Chair, I have an amendment at the desk.

[[Page H7583]]

  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 221, before line 3, insert the following new 
     subsection:
       (c) Operation of Battery Recharging Stations in Parking 
     Areas Used by Federal Employees.--
       (1) Authorization.--
       (A) In general.--The Administrator of General Services may 
     install, construct, operate, and maintain on a reimbursable 
     basis a battery recharging station in a parking area that is 
     in the custody, control, or administrative jurisdiction of 
     the General Services Administration for the use of only 
     privately owned vehicles of employees of the General Services 
     Administration, tenant Federal agencies, and others who are 
     authorized to park in such area to the extent such use by 
     only privately owned vehicles does not interfere with or 
     impede access to the equipment by Federal fleet vehicles.
       (B) Delegation.--The Administrator of General Services may 
     install, construct, operate, and maintain on a reimbursable 
     basis a battery recharging station in a parking area that is 
     in the custody, control, or administrative jurisdiction of 
     another Federal agency, at the request of such agency, or 
     delegate such authority to another Federal agency to the 
     extent such use by only privately owned vehicles does not 
     interfere with or impede access to the equipment by Federal 
     fleet vehicles.
       (C) Use of vendors.--The Administrator of General Services, 
     with respect to subparagraphs (A) and (B), or the head of a 
     Federal agency delegated authority, with respect to 
     subparagraph (B), may carry such subparagraph through a 
     contract with a vendor, under such terms and conditions 
     (including terms relating to the allocation between the 
     Federal agency and the vendor of the costs of carrying out 
     the contract) as the Administrator or the head of the Federal 
     agency, as the case may be, and the vendor may agree to.
       (2) Imposition of fees to cover costs.--
       (A) Fees.--The Administrator of General Services or the 
     head of the Federal agency delegated authority under 
     paragraph (1)(B) shall charge fees to the individuals who use 
     the battery recharging station in such amount as is necessary 
     to ensure that the respective agency recovers all of the 
     costs such agency incurs in installing, constructing, 
     operating, and maintaining the station.
       (B) Deposit and availability of fees.--Any fees collected 
     by the Administrator of General Services or the Federal 
     agency, as the case may be, under this paragraph shall be--
       (i) deposited monthly in the Treasury to the credit of the 
     respective agency's appropriations account for the operations 
     of the building where the battery recharging station is 
     located; and
       (ii) available for obligation without further appropriation 
     during--

       (I) the fiscal year collected; and
       (II) the fiscal year following the fiscal year collected.

       (3) No effect on existing programs for house and senate.--
     Nothing in this subsection may be construed to affect the 
     installation, construction, operation, or maintenance of 
     battery recharging stations by the Architect of the Capitol--
       (A) under Public Law 112-170 (2 U.S.C. 2171), relating to 
     employees of the House of Representatives and individuals 
     authorized to park in any parking area under the jurisdiction 
     of the House of Representatives on the Capitol Grounds; or
       (B) under Public Law 112-167 (2 U.S.C. 2170), relating to 
     employees of the Senate and individuals authorized to park in 
     any parking area under the jurisdiction of the Senate on the 
     Capitol Grounds.
       (4) No effect on similar authorities.--Nothing in this 
     subsection may be construed as repealing or limiting any 
     existing authorities of a Federal agency to install, 
     construct, operate, or maintain battery recharging stations.
       (5) Annual report to congress.--Not later than 2 years 
     after the date of enactment of this Act, and annually 
     thereafter for 10 years, the Administrator of General 
     Services shall submit to the House Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Environment and Public Works a report describing--
       (A) the number of battery recharging stations installed by 
     the Administrator on its own initiative under this 
     subsection;
       (B) requests from other Federal agencies to install battery 
     recharging stations;
       (C) delegations of authority to other Federal agencies 
     under this subsection; and
       (D) the status and disposition of requests from other 
     Federal agencies.
       (6) Federal agency defined.--In this subsection, the term 
     ``Federal agency'' has the meaning given that term in section 
     102 of title 40, United States Code.
       (7) Effective date.--This subsection shall apply with 
     respect to fiscal year 2016 and each succeeding fiscal year.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from 
Kentucky (Mr. Massie) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Kentucky.
  Mr. MASSIE. Mr. Chair, I am honored to offer this amendment today 
with my Democrat colleagues from California, Ms. Lofgren and Ms. Eshoo.
  This amendment would allow the General Services Administration, or 
the GSA, to construct, install, and operate electric vehicle charging 
stations for private vehicle use at Federal facilities at no cost to 
the taxpayer.
  In 2012, Congress passed legislation with broad bipartisan support to 
allow Members of Congress and their staff to access EV charging 
stations on Capitol grounds for a fee. Federal agencies currently lack 
the authority to install and operate electric vehicle charging 
stations. So Federal employees are unable to charge their electric 
vehicles while at work.
  I yield 4 minutes to the gentlewoman from California (Ms. Lofgren).
  Ms. LOFGREN. Mr. Chairman, I am pleased that we are considering this 
amendment today. In fact, the genesis of this idea came to me in a 
constituent letter in February 2014. I was contacted by a constituent 
who works at a local Federal facility who was surprised and dismayed 
that he was unable to charge his electric car at work.
  We found that, due to a quirk in the reading of current law, Federal 
agencies were prevented from providing EV charging facilities for 
personal use by their employees.
  Thanks to this constituent's suggestions, I introduced a bill last 
Congress, the EV-COMUTE Act, to allow Federal agencies to provide 
charging stations for their employees at no cost to the taxpayer.
  I am grateful to my colleagues, Mr. Massie and Ms. Eshoo, for joining 
me in this effort, both as cosponsors of the EV-COMUTE and of this 
amendment.
  This story is a great example of democracy at work and the power of 
citizen participation in generating ideas. After two Congresses of 
introducing the EV-COMUTE, I am happy to support this amendment here 
today.
  It is a straightforward amendment that will make Federal workplaces 
more efficient, flexible, and innovative by allowing the GSA to install 
and operate electric car charging stations at Federal facilities for 
use by employees at no cost to the taxpayer, fully covered by user 
fees.
  Currently, if Members of Congress and their staff choose to drive an 
electric vehicle to work at the U.S. Capitol, we have the option to pay 
a fee to plug in our vehicle so that it will be fully charged and ready 
to go when we leave. But our constituents that work at Federal agencies 
outside the Capitol don't have the option.
  My district in Silicon Valley continues to lead in advancing 
innovation in the EV charging industry. Yet, nearly 5,000 Federal 
employees in my district do not have access to charging facilities at 
work.
  Congress approved electric vehicle recharging at the U.S. Capitol 
complex with strong bipartisan support in the House and Senate. This 
amendment corrects the disparity and allows Federal employees more 
choices in how they commute; gives the GSA and agencies flexibility on 
whether to provide charging, how to provide it, including through 
contractors; improves air quality while reducing reliance on foreign 
oil; and does so at no cost to the taxpayer.
  I urge my colleagues to support this amendment to expand workplace 
charging and transportation options. I thank Mr. Massie for being my 
partner in supporting and pursuing this innovation.
  Mr. MASSIE. Mr. Chair, American companies are leading the world in 
development of electric vehicle technology. All we are asking for in 
this amendment is to enable the infrastructure to be built at no cost 
to the taxpayer.
  Providing access to electric vehicle charging stations will give 
Federal employees enhanced flexibility in purchasing vehicles and more 
options in their commute. The construction, installation, and operation 
of the charging stations would be covered by user fees. So taxpayers 
would incur no cost.
  I urge my colleagues to vote for this amendment.
  I yield back the balance of my time.
  Ms. ESHOO. Mr. Chair, this amendment makes a very simple change to 
existing law that will allow federal employees to plug in their 
electric vehicles at work.
  I was surprised to learn last year that my constituents who work and 
volunteer at federal

[[Page H7584]]

facilities cannot charge their electric vehicle (EV) at their 
workplace. As the nation's largest employer, the federal government 
should lead by example in terms of offering workplace charging. 
However, a quirk in existing law prohibits federal agencies from 
constructing charging stations or even entering into contracts with 
third parties to build charging infrastructure.
  This amendment would simply authorize the federal government to 
install EV charging stations at federal facilities. It is based on the 
text of the bipartisan H.R. 3509, which I introduced together with 
Representatives Massie, Lofgren, and Woodall, and it was recently 
approved by the Energy and Commerce Committee by voice vote as an 
amendment to H.R. 8.
  This straightforward amendment does not contain any mandates or new 
spending, it simply allows federal agencies to offer EV charging 
stations and charge a fee for their use. The amendment is modeled after 
a successful initiative here at the U.S. Capitol. It requires stations 
to be installed and operated with funds collected from the use of the 
stations. This small but commonsense change to the law will ensure the 
U.S. remains a leader in clean energy deployment and would expand 
transportation options for many of our constituents at no cost to the 
taxpayer.
  I urge my colleagues to support this simple, bipartisan amendment.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Kentucky (Mr. Massie).
  The amendment was agreed to.


               Amendment No. 8 Offered by Mr. Fleischmann

  The CHAIR. It is now in order to consider amendment No. 8 printed in 
part B of House Report 114-325.
  Mr. FLEISCHMANN. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end of subtitle D of title I of division A the 
     following new section:

     SEC. 1431. USE OF DURABLE, RESILIENT, AND SUSTAINABLE 
                   MATERIALS AND PRACTICES.

       To the extent practicable, the Secretary shall encourage 
     the use of durable, resilient, and sustainable materials and 
     practices, including the use of geosynthetic materials and 
     other innovative technologies, in carrying out the activities 
     of the Federal Highway Administration.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from 
Tennessee (Mr. Fleischmann) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. FLEISCHMANN. Mr. Chairman, I rise in support of this amendment, 
which will support the geosynthetic materials industry in this country.
  My amendment encourages the Federal Highway Administration to use 
geosynthetic material. Similar language, Mr. Chairman, encouraging the 
U.S. Army Corps of Engineers was in the WRRDA bill and has been passed 
into law.
  If I may, Mr. Chairman, geosynthetics are a family of civil 
engineering solutions used in our national infrastructure. Since their 
introduction in the 1960s, geosynthetics are a proven versatile and 
cost-effective roadway reinforcement solution to our transportation 
needs.
  Their use has expanded into nearly all areas of civil and 
environmental engineering. This is a complementary material to 
traditional roadway and provides an alternative to traditional methods.
  If I may, the cost savings are tremendous. Geosynthetics are less 
costly to produce, transport, and install than comparable products and 
involves cost savings to the United States taxpayer.
  Reduced maintenance costs over time of the roadway have been proven 
with geosynthetic use. In addition, they have rapid construction and 
deployment. It is very flexible and quick to employ, including in 
inclement weather.
  Most of all, Mr. Chairman, this is an American jobs amendment. Over 
40 manufacturers in North America produce geosynthetic materials. Also, 
13,200 American jobs are involved in this. It is cost-effective, and it 
increases American jobs. This is something Members from both sides of 
the aisle support.
  I respectfully urge my colleagues to support this amendment to this 
transportation bill.
  I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I claim time in opposition, although I am 
not opposed to the amendment.
  The CHAIR. Without objection, the gentleman from Oregon is recognized 
for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Mr. Chair, I yield myself such time as I may consume.
  In the base bill, we have included measures to encourage States to 
build smart or right-size projects for practical design, and this 
amendment complements those efforts.
  Specifically, it mentions the use of geosynthetic materials, which 
the Federal Highway Administration has been promoting to speed up and 
reduce the cost of bridge construction as part of its Every Day Counts 
initiative.
  Use of geosynthetic fabrics to reinforce soil can reduce erosion at 
the point where bridge and road meet, which reduces maintenance costs 
and provides environmental benefits.
  All of these approaches help ensure that we are able to stretch the 
limited dollars we have to make meaningful improvements to our roads 
and bridges. It is a meritorious amendment by the gentleman. I urge my 
colleagues to support it.
  I yield back the balance of my time.
  Mr. FLEISCHMANN. I want to thank my colleague.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Tennessee (Mr. Fleischmann).
  The amendment was agreed to.


                  Amendment No. 9 Offered by Mr. Gibbs

  The CHAIR. It is now in order to consider amendment No. 9 printed in 
part B of House Report 114-325.
  Mr. GIBBS. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 233, after line 17, insert the following:

     SEC. 1431. STUDY ON STATE PROCUREMENT OF CULVERT AND STORM 
                   SEWER MATERIALS.

       (a) In General.--The Secretary shall evaluate the methods 
     in which States procure culvert and storm sewer materials and 
     the impact of those methods on project costs, including the 
     extent to which such methods take into account environmental 
     principles, engineering principles, and the varying needs of 
     projects based on geographic location.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the findings of the 
     study conducted under subsection (a).

  The CHAIR. Pursuant to House Resolution 507, the gentleman from Ohio 
(Mr. Gibbs) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. GIBBS. Mr. Chairman, I want to also congratulate Chairman Shuster 
and Ranking Member DeFazio for bringing this important bill to the 
floor.
  I am pleased to offer this bipartisan amendment with my colleague 
from California (Mrs. Napolitano) to study culvert and storm sewer 
procurement methods.
  Culvert and storm sewer materials have been subject to a unique 
procurement process in recent years. In previous legislation, SAFETEA-
LU, States were instructed to provide for competition in culvert 
procurement similar to the process for other construction materials 
used in highway projects. In MAP-21, States were given full autonomy, 
accounting for engineering principles.
  My simple amendment instructs the Secretary of Transportation to 
study methods used by States to procure culvert and storm sewer 
materials and report their findings to the Transportation and 
Infrastructure Committee. This study will enable us to better 
understand how costs, environmental and engineering principles, and 
other unique factors impact the States' procurement process.
  I yield to the gentlewoman from California (Mrs. Napolitano) to speak 
in support of the amendment.
  Mrs. NAPOLITANO. Mr. Chairman, I certainly want to thank my 
colleague, Mr. Gibbs, for introducing this very important amendment.
  I do strongly support this amendment that requests a DOT study 
regarding the federally funded materials used by the States for culvert 
and stormwater pipes.

[[Page H7585]]

  This issue was brought to my attention in my area in Los Angeles by 
companies that were being forced out of competition for federally 
funded transportation projects. The States were having a little problem 
and were the local governments that sole-sourced materials.
  State and local governments should be allowed to have open and fair 
competition on the best products available for use in these sewer and 
culvert systems.
  Mr. Gibbs' amendment, which I am happy to cosponsor, requires the 
Department again to study and report to Congress on these materials in 
order to ensure that taxpayer funds are being spent in a most cost-
effective and efficient way.
  I am very grateful to my colleague. I thank him for allowing me to 
co-offer this amendment. I urge my colleagues to support it.
  Mr. GIBBS. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Ohio (Mr. Gibbs).
  The amendment was agreed to.


                 Amendment No. 10 Offered by Mr. Gibson

  The CHAIR. It is now in order to consider amendment No. 10 printed in 
part B of House Report 114-325.
  Mr. GIBSON. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of division A, insert 
     the following new section:

     SEC. 1431. STRATEGY TO ADDRESS STRUCTURALLY DEFICIENT 
                   BRIDGES.

       The Secretary shall develop a comprehensive strategy to 
     address structurally deficient and functionally obsolete 
     bridges, as defined by the National Bridge Inventory, to 
     identify the unique challenges posed by bridges in each of 
     these respective categories, and to address such separate 
     challenges and improve the condition of such bridges. Not 
     later than 180 days after the date of enactment of this Act, 
     the Secretary shall transmit a report containing initial 
     recommendations to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate. Not later than 1 year after such date of enactment, 
     the Secretary shall transmit to such committees the final 
     strategy required by this section.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from New 
York (Mr. Gibson) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. GIBSON. Mr. Chairman, I rise today in support of an amendment I 
offered along with my fellow colleagues from New York, Representative 
Sean Patrick Maloney, John Katko, and Jerry Nadler. This amendment will 
improve the safety of bridges across New York State and, indeed, across 
the Nation.
  As you are aware, Mr. Chairman, our national bridges are in desperate 
need of repair. In New York, this is especially true. In 2015, the 
American Society of Civil Engineers graded New York's network of 
bridges as a dismal D-plus. New York ranks second worst in the Nation 
in functionally obsolete bridges and 12th worst when it comes to 
structurally deficient bridges.
  This is not an issue limited to New York. Across the Nation, more 
than one in nine bridges are graded as structurally deficient, and more 
than 84,000 functionally obsolete bridges are still in use.
  Mr. Chairman, our amendment does something positive and constructive 
about it by directing the DOT to develop a strategy to address 
structurally deficient and functionally obsolete bridges.

                              {time}  1600

  Notably, these two categories require different policy solutions but 
too often they are treated the same. By requiring this strategy, we 
will allow for effective oversight by the people through their 
Representatives here in the U.S. House.
  I want to thank Chairman Shuster and Ranking Member DeFazio for their 
strong work in the committee. I urge support of this amendment so we 
can develop a strategy to address the quality of bridges across this 
Nation which will help keep our people safe and help strengthen our 
economy.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I claim time in opposition to the 
amendment, although I am not opposed to it.
  The CHAIR. Without objection, the gentleman from Oregon is recognized 
for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Mr. Chair, I yield myself such time as I may consume.
  I really appreciate the gentleman's work here in pointing out the 
problem with our bridges, not just in New York, but nationwide, 147,000 
deficient bridges. In fact, as one of the few Democrats who opposed the 
so-called stimulus bill, I said at the time we would have been better 
served had we invested that money in projects, real projects, as 
opposed to tax cuts.
  One thing I suggested was how about a plan to rebuild all of the 
deficient bridges in America, put a million or so people to work, and 
solve a long-term problem. That wasn't to be, but this brings new focus 
to the issue, and, hopefully, we will get around to dealing with this 
issue in the near future with the information to be gleaned from this 
report.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New York (Mr. Gibson).
  The amendment was agreed to.


                 Amendment No. 11 Offered by Mr. Guinta

  The CHAIR. It is now in order to consider amendment No. 11 printed in 
part B of House Report 114-325.
  Mr. GUINTA. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of division A, add the 
     following:

     SEC. 1431. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON COST OF 
                   COMPLIANCE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report that describes the cost to the 
     Federal Highway Administration of compliance with Federal 
     statutes and regulations as a percentage of the overall 
     spending by such Administration.

  The CHAIR. Pursuant to House Resolution 507, the gentleman from New 
Hampshire (Mr. Guinta) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Hampshire.
  Mr. GUINTA. Mr. Chairman, I rise today in support of my amendment to 
the bipartisan Surface Transportation Reauthorization and Reform Act.
  Each year, we authorize funding for highway projects all across 
America. The underlying bill we are discussing today provides both 
much-needed Federal funding, but also necessary long-term certainty for 
planning transportation projects.
  The funds provided are critical for maintaining our current roads and 
highways, improving our infrastructure, and creating new infrastructure 
across the country, something that is especially important for many 
rural areas like those in the Granite State. But like many projects 
that use taxpayer dollars, burdensome regulations and inefficiencies 
often drive up the cost of projects and cause delays in the final 
project.
  My amendment is simple. It would require the Government 
Accountability Office to conduct a study to understand the purchasing 
power of the Federal highway dollars and quantify the things that 
weaken it, such as these burdensome regulations.
  At a time when we face immense budgetary constraints, we should be 
examining how each and every dollar is being spent. Granite Staters 
sent me to Washington to shed light on how we spend their tax dollars, 
and this amendment achieves just that.
  There is no doubt that these highway projects are beneficial and 
necessary for millions of Americans, but even the necessary and 
important projects should have proper oversight. It is just simply 
about good government.
  Hardworking Granite Staters know how to stretch a dollar, and it 
should be no different for the Federal Government. This amendment 
allows us to identify the true cost of infrastructure projects. We 
should be doing all we can to ensure our tax dollars are being spent 
wisely and efficiently so these projects are completed on time and on 
budget.
  I want to thank the chair and the ranking member, and I urge my 
colleagues to support my amendment.

[[Page H7586]]

  I yield back the balance of my time.
  Mr. DeFAZIO. Madam Chair, I claim the time in opposition to the 
amendment.
  The Acting CHAIR (Ms. Ros-Lehtinen). The gentleman from Oregon is 
recognized for 5 minutes.
  Mr. DeFAZIO. Madam Chair, I agree that regulations often need 
scrutiny and revision and sometimes elimination, but this bill 
undertakes a good deal of streamlining, both in the environmental area 
and in other processes.
  So, if we were to go down the road of a study looking at these 
programs, I would say a study that is a little broader, which would 
look at both the costs and benefits of regulation, would be useful. I 
don't think this one-sided study would be particularly useful.
  If we want to understand the purchasing power of our highway dollars, 
we only need to look at the fact that Congress has failed to increase 
the gas tax since 1993, during which time the purchasing power, due to 
inflation and construction costs, has diminished by a good 40 percent 
or more. Whether or not we will be allowed to take action on 
significant revenues under this bill is still being deliberated 
upstairs in the Rules Committee with amendments that might or might not 
be allowed to be offered.
  I urge opposition to the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Hampshire (Mr. Guinta).
  The amendment was rejected.


                 Amendment No. 12 Offered by Mr. Hanna

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in part B of House Report 114-325.
  Mr. HANNA. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of division A, add the 
     following new section:

     SEC. 1431. SENSE OF CONGRESS.

       It is the sense of Congress that the Nation's engineering 
     industry continues to provide critical technical expertise, 
     innovation, and local knowledge to Federal and State agencies 
     in order to efficiently deliver surface transportation 
     projects to the public, and Congress recognizes the valuable 
     contributions made by the Nation's engineering industry and 
     urges the Secretary to reinforce those partnerships by 
     encouraging State and local agencies to take full advantage 
     of engineering industry capabilities to strengthen project 
     performance, improve domestic competitiveness, and create 
     jobs.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from New York (Mr. Hanna) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. HANNA. Madam Chairman, this bipartisan amendment presents a 
simple, nonbinding sense of Congress recognizing the value of private 
sector engineering services in delivering road, bridge, and public 
transportation projects of all natures. Nearly identical language was 
included in the Water Resources Reform and Development Act last year, 
which we adopted with overwhelming support on both sides of the aisle.
  Local engineering firms in each of our districts play an important 
role in partnering with State and local agencies to deliver 
transportation projects. Just as States use private contractors to 
build roads and bridges, they utilize private engineering companies to 
design them.
  While many DOTs partner well with private engineering firms, some 
States do not take advantage of the services and expertise available. 
Local firms are essentially shut out from competing for federally 
funded projects.
  There is no one-size-fits-all approach to balancing private and 
public sector engineering expertise. But let me be clear: This 
amendment is not about privatization; it is about options.
  Private firms will be the first to argue that we must have trained 
and experienced engineers within the DOTs to manage, design, and 
oversee the many programs. This is about encouraging States to strike 
the balance that works best for them. Collaboration between public and 
private engineers is essential in delivering the highest quality and 
most cost-effective projects.
  I urge my colleagues to support this commonsense, bipartisan bill.
  I reserve the balance of my time.
  Mrs. NAPOLITANO. Madam Chair, I claim time in opposition to the 
amendment.
  The Acting CHAIR. The gentlewoman from California is recognized for 5 
minutes.
  Mrs. NAPOLITANO. Madam Chair, I rise in opposition to the amendment 
because it does encourage State DOTs to utilize the private sector for 
engineering and design services. The States deserve that flexibility to 
decide whether it is more cost effective and efficient to utilize their 
own staff or to contract with the private sector to deliver such 
transportation projects.
  The adoption of this language will encourage outsourcing and will 
waste already scarce transportation dollars. Countless studies from 
across the Nation confirm that outsourcing engineering and design 
services on transportation projects is more expensive than using 
publicly owned engineers and does not speed up project delivery.
  In California alone, they spend $237,000 per outsourced engineer per 
year, compared to $116,000 per State-employed engineer, according to 
the 2014 State budget.
  Louisiana spends $197,942 per outsourced engineer per year, compared 
to $82,364 for a State-employed engineer, according to the consulting 
firm contracted by the State in 2014 to recommend cost-savings 
measures.
  Tennessee DOT found they could save 15 percent if it brought in more 
in-house engineers.
  Colorado DOT also studied the issue, and they saved 29 percent by 
bringing the engineering and design services in-house.
  Adding this language into Federal law would be a first step toward 
incentivizing, or even mandating, the use of private sector for 
engineering and design services.
  States should be allowed to use public engineers if they believe that 
the public engineers are the most effective at, one, protecting the 
public interest, and two, ensuring public safety.
  I would like to mention that the professional engineers in California 
and the Governor are opposed, as are the transportation trades.
  Madam Chair, I ask my colleagues to oppose this amendment.
  I yield back the balance of my time.
  Mr. HANNA. Madam Chair, I yield such time as he may consume to the 
gentleman from Pennsylvania (Mr. Shuster), the chairman of the full 
committee.
  Mr. SHUSTER. I thank the gentleman, and I support this bipartisan 
amendment.
  It presents a simple sense of Congress on the value of utilizing 
private sector engineering and design services for enhanced project 
delivery, so I commend Mr. Hanna and Mr. Sean Patrick Maloney from New 
York.
  There was identical language in WRRDA last year, so I urge all 
Members to support this amendment.
  Mr. HANNA. Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Hanna).
  The amendment was agreed to.


                 Amendment No. 13 Offered by Mr. Mullin

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in part B of House Report 114-325.
  Mr. MULLIN. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of Division A of the 
     bill, insert the following:

     SEC. ___. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES.

       (a) Temporary Authorization.--
       (1) In general.--Until the Secretary of the Interior takes 
     the action described in subsection (b), the take of nesting 
     swallows to facilitate a construction project on a bridge 
     eligible for funding under title 23, United States Code, with 
     any component condition rating of 3 or less (as defined by 
     the National Bridge Inventory General Condition Guidance 
     issued by the Federal Highway Administration) is authorized 
     under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) 
     between April 1 and August 31.
       (2) Measures to minimize impacts.--
       (A) Notification before taking.--Prior to the taking of 
     nesting swallows authorized under paragraph (1), any person 
     taking that action shall submit to the Secretary of the 
     Interior a document that contains--
       (i) the name of the person acting under the authority of 
     paragraph (1) to take nesting swallows;

[[Page H7587]]

       (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.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Oklahoma (Mr. Mullin) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oklahoma.
  Mr. MULLIN. Madam Chair, I rise today to offer an amendment that is 
critical to the safety of our traveling public.
  Over 2 million trips are taken every day across failing bridges in 
the United States. This is unacceptable. We need to make sure repairs 
are made in a timely and efficient manner so human lives can be 
protected. We can start by removing unnecessary and overly burdensome 
barriers to maintenance.
  Barn or cliff swallows, whichever you want to call them, nest under 
bridges, sometimes in the thousands. Their nesting period can last from 
April to August, which is prime construction season. These birds are 
not endangered, but they are protected under the Migratory Bird Treaty 
Act. Because of this law, the birds cannot be disturbed, and State 
Departments of Transportation must develop plans for dealing with the 
birds in every bridge maintenance, repair, rehab, or replacement 
project.
  Because these plans are so burdensome, contractors often delay their 
work until after the nesting period so they don't have to risk 
violating the Migratory Bird Treaty Act and face Federal prosecution. 
Delaying the work puts the safety of the traveling public at risk.
  My amendment allows the bridge work to be done, despite the presence 
of swallows, if the bridge has a condition rating of 3 or less until 
the issue is addressed by the Department of the Interior. A condition 
rating of 3 means that the bridge is in serious need of repair: 
sections can be lost, the primary structural components have been 
damaged, and there are cracks in the steel or concrete.
  My amendment also directs the Secretary of the Interior to start the 
process for developing a rule to allow for the bridge work under the 
Migratory Bird Treaty Act. This amendment has already been negotiated 
and included in the Senate's DRIVE Act.
  This is a commonsense amendment that puts the safety of the public 
first, and I urge my colleagues to support it.
  I reserve the balance of my time.
  Mrs. NAPOLITANO. Madam Chair, I claim time in opposition to the 
amendment.
  The Acting CHAIR. The gentlewoman from California is recognized for 5 
minutes.
  Mrs. NAPOLITANO. Madam Chair, I rise in opposition to this amendment 
offered by the gentleman from Oklahoma (Mr. Mullin).
  The Migratory Bird Treaty Act, first enacted in 1918, makes it 
unlawful to take, kill, or capture any migratory bird. This landmark 
legislation is the product of treaties with Canada, with Mexico, and 
with Japan, and is credited with protecting over 800 species of 
endangered birds.
  The amendment's supporters claim that it is a waiver of the Migratory 
Bird Treaty Act solely for emergency situations. However, the amendment 
is overly broad and would act as a blanket waiver to allow the taking 
of swallows for any bridge construction, any repair, or any maintenance 
without a permit if certain conditions are met.
  Further, the amendment is unnecessary, as section 704(a) of the 
Migratory Bird Treaty Act already provides the Secretary of the 
Interior with the authority to allow the taking of migratory birds, 
including swallows, if certain conditions are met, and it also directs 
the Secretary of the Interior to promulgate regulations allowing the 
taking in those circumstances.
  As a waiver process already exists allowing for the taking of the 
migratory birds in emergency situations, I cannot support this 
amendment. I ask my colleagues to join me in opposing this amendment.
  I yield back the balance of my time.
  Mr. MULLIN. Madam Chair, I encourage my colleagues to support this 
amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oklahoma (Mr. Mullin).
  The amendment was rejected.

                              {time}  1615


                 Amendment No. 14 Offered by Mr. Ribble

  The Acting CHAIR. It is now in order to consider amendment No. 14 
printed in part B of House Report 114-325.
  Mr. RIBBLE. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of Division A, add the 
     following:

     SEC. ___. MODERNIZED WEIGHT LIMITATIONS FOR CERTAIN VEHICLES.

       Section 127 of title 23, United States Code, is further 
     amended by adding at the end the following:
       ``(n) Additional Exception to Weight Requirements.--
       ``(1) In general.--Notwithstanding subsection (a), a State 
     may authorize a vehicle with a maximum gross weight, 
     including all enforcement tolerances, that exceeds the 
     maximum gross weight otherwise applicable under subsection 
     (a) to operate on Interstate System routes in the State, if--
       ``(A) the vehicle is equipped with at least 6 axles;
       ``(B) the weight of any single axle on the vehicle does not 
     exceed 20,000 pounds, including enforcement tolerances;
       ``(C) the weight of any tandem axle on the vehicle does not 
     exceed 34,000 pounds, including enforcement tolerances;
       ``(D) the weight of any group of 3 or more axles on the 
     vehicle does not exceed 45,000 pounds, including enforcement 
     tolerances;
       ``(E) the gross weight of the vehicle does not exceed 
     91,000 pounds, including enforcement tolerances; and
       ``(F) the vehicle complies with the bridge formula in 
     subsection (a)(2) of this section.
       ``(2) Special rules.--
       ``(A) Other exceptions not affected.--This subsection shall 
     not restrict--
       ``(i) a vehicle that may operate under any other provision 
     of this section or another Federal law; or
       ``(ii) a State's authority with respect to a vehicle that 
     may operate under any other provision of this section or 
     another Federal law.
       ``(B) Means of implementation.--A State may implement this 
     subsection by any means, including statute or rule of general 
     applicability, by special permit, or otherwise.
       ``(3) Additional equipment.--
       ``(A) In general.--The Secretary may issue such regulations 
     as are necessary to require a vehicle operating pursuant to 
     this subsection to include 1 item of additional equipment not 
     otherwise required by law. The Secretary may issue such 
     regulations only if the equipment item to be required is 
     available at the time a rule is proposed.
       ``(B) Comment.--In issuing regulations pursuant to this 
     paragraph, the Secretary shall invite comment on the 
     effective date of any proposed equipment requirement.
       ``(C) Limited authority.--The authority to issue 
     regulations pursuant to this paragraph applies only to a rule 
     that is published as a final rule in the Federal Register not 
     later than the date that is 6 months after the date of 
     enactment of this subsection.
       ``(4) Reporting requirements.--
       ``(A) Triennial report.--If a State, pursuant to paragraph 
     (1), authorizes vehicles described in such paragraph to 
     operate on Interstate System routes in the State, the State 
     shall submit to the Secretary a triennial report containing--

[[Page H7588]]

       ``(i) an identification of highway routes in the State, 
     including routes not on the Interstate System, on which the 
     State so authorizes such vehicles to operate;
       ``(ii) a description of any gross vehicle weight limit 
     applicable to such vehicles so authorized and of any 
     operating requirements applicable to such vehicles that are 
     in addition to requirements applicable to all commercial 
     motor vehicles;
       ``(iii) the number of crashes that occurred in the State 
     involving such vehicles so authorized on the Interstate 
     System, the number of such crashes involving fatalities, and 
     the number of such crashes involving non-fatal injuries;
       ``(iv) estimated vehicle miles traveled on the Interstate 
     System in the State by such vehicles so authorized; and
       ``(v) other information, such as the gross vehicle weight 
     of a vehicle operating pursuant to the authority of this 
     subsection at the time of a crash, as the Secretary and the 
     State jointly determine necessary.
       ``(B) Public availability.--The Secretary shall make all 
     information required under subparagraph (A) available to the 
     public.
       ``(5) Termination as to route segment.--The Secretary may 
     terminate the operation of vehicles authorized by a State 
     under this subsection on a specific Interstate System route 
     segment if, after the effective date of a decision of a State 
     to allow vehicles to operate pursuant to paragraph (1), the 
     Secretary determines that such operation poses an 
     unreasonable safety risk based on an engineering analysis of 
     the route segment or an analysis of safety or other 
     applicable data from the route segment.
       ``(6) Waiver of highway funding reduction.--Notwithstanding 
     subsection (a), the total amount of funds apportioned to a 
     State under section 104(b)(1) for any period may not be 
     reduced under subsection (a) if the State authorizes a 
     vehicle described in paragraph (1) to operate on the 
     Interstate System in the State in accordance with this 
     subsection.
       ``(7) Preserving state and local authority regarding non-
     interstate system highways.--Subsection (b) of this section 
     shall not apply to motor vehicles operating on the Interstate 
     System solely under the authority provided by this 
     subsection.''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Wisconsin (Mr. Ribble) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. RIBBLE. Madam Chair, I include in the Record a letter dated last 
Friday, October 30, from the Federal Highway Administration. This 
letter states that the configuration I am proposing today is compliant 
with the federal bridge formula.
  The second letter is from Peter Rogoff, Under Secretary for the 
Department of Transportation, to Chairman Shuster.

               U.S. Department of Transportation, Federal Highway 
                                                   Administration,
                                 Washington, DC, October 30, 2015.
     Hon. Reid J. Ribble,
     House of Representatives,
     Washington, DC.
       Dear Congressman Ribble: I am writing to provide a 
     technical correction to my letter of April 24 (copy enclosed) 
     which responded to your inquiry regarding the Comprehensive 
     Truck Size and Weight Limits Study (CTSWLS) required by 
     Section 32801 of the Moving Ahead for Progress in the 21st 
     Century Act (MAP-21) P.L. 112-141.
       In your letter, you asked whether the 91,000-pound gross 
     vehicle weight six-axle configuration under analysis as part 
     of the CTSWLS is in compliance with the Federal bridge 
     formula set forth in 23 U.S.C. 127. The Federal Highway 
     Administration recently revisited the question of whether the 
     91,000-pound, six-axle configuration used in the CTSWLS was 
     in compliance with the Federal bridge formula (FBF).
       Our letter of April 24 confirmed that the configuration met 
     the FBF, which was our understanding at the time of the 
     CTSWLS based on a review of three standard tests of weight 
     and axle spacing. However, we have discovered that the 
     placement of axles and loading of the tridem for the specific 
     type studied in the CTSWLS did not meet a fourth test for 
     compliance. There is more than one way to design and load a 
     six-axle vehicle; the variations can affect whether the 
     vehicle is fully FBF-compliant. In order for a vehicle to 
     meet all tests of the FBF and be designed for safe and 
     practical operation, the maximum tridem axle weight would 
     need to be not more than 45,000 pounds in conjunction with 
     12-foot spacing between the 4th and 6th axles.
       I have sent similar letters to the cosigners of your 
     original letter. If you have additional questions about the 
     Study, please contact Mr. David Kim of the Federal Highway 
     Administration.
           Sincerely,
                                                Gregory G. Nadeau,
                                                    Administrator.
       Enclosure.
                                  ____

         U.S. Department of Transportation, Office of the 
           Secretary of Transportation,
                                     Washington, DC, June 5, 2015.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Shuster: The U.S. Department of 
     Transportation is releasing for public comment and peer 
     review the technical reports of the Federal Highway 
     Administration's (FHWA) comprehensive study of certain 
     safety, infrastructure, and efficiency impacts surrounding 
     potential changes to the Federal truck size and weight (TS&W) 
     limits. This study is required by the Moving Ahead for 
     Progress in the 21st Century Act (MAP-21; P.L. 112-141, 
     Sec. 32801) which dictated very precise parameters for the 
     study's scope. The FHWA will consider any comments from the 
     peer review of the study to be conducted by the 
     Transportation Research Board (TRB) and the public for the 
     final report that we expect to deliver to Congress later this 
     year.
       FHWA's technical work was able to employ the latest 
     modeling techniques in the areas of truck stability and 
     control performance as well as in bridge and pavement 
     structural impacts. It also featured the first-ever 
     accounting of violations and citations by truck configuration 
     in a study of this kind. Even so, the research also revealed 
     very significant data limitations that severely hampered 
     FHWA's efforts to conclusively study the effects of the size 
     and weight of various truck configurations. These limitations 
     are discussed below.
       Among the data issues is the lack of descriptive 
     information in crash reports involving trucks--especially the 
     weight of the vehicle at the time of an incident--which 
     undermines our ability to conduct adequate highway safety and 
     truck crash analyses. So, while FHWA was able to identify 
     significantly higher crash rates in six-axle trucks compared 
     to five-axle trucks in the State of Washington, the lack of 
     available and consistently reported data from other states 
     prevented the Department from drawing national conclusions on 
     the crash rates of this and other truck configurations. We 
     also were constrained in fully accounting for modal shift of 
     freight traffic to short line and regional railroads due to 
     the absence of publicly available data in this area. Our 
     modeling did suggest one potentially important finding: that 
     the expected Vehicle Miles Traveled (VMT) reductions that 
     might result from heavier or larger trucks would be 
     relatively small, resulting in little noticeable impact to 
     real freight VMT.
       Other data limitations, which are fully explored in the 
     attached technical studies, include:
       The profound absence of weight data in crash reporting, 
     which prevents us from knowing whether trucks were fully 
     loaded, at legal capacity for their axle configurations, had 
     unevenly distributed weight, or were running overweight prior 
     to a crash.
       The lack of acceptable models that can predict bridge deck 
     deterioration over time, which makes it difficult to 
     extrapolate long-term maintenance costs over time.
       Difficulty separating truck weight enforcement program 
     costs from overall truck safety enforcement costs.
       These findings were anticipated. The TRB's April 2014 peer 
     review report acknowledged weaknesses in the available 
     methods and data; however and notably, the TRB panel was not 
     able to identify better modeling approaches or data sets that 
     FHWA could employ. Additionally, a 2000 FHWA ``Comprehensive 
     Truck Size and Weight'' report also identified many of these 
     same insufficiencies.
       The Department sought the input of the public and subject 
     matter experts, including members of academia in an effort to 
     overcome these limitations and provide expertise and 
     objective analysis. We held several public meetings and 
     webinars to solicit feedback on the data, methodology, and 
     prior work, as well as to share the status of the study 
     effort. Additionally, we made information on the project 
     plans available on our website, and invited comments from the 
     public. We used only data available to the public to maximize 
     the transparency of the Department's work. Despite our 
     efforts, these data weaknesses could not be overcome as the 
     study progressed. The study will now be subjected to peer 
     review and public comment. At this time, the Department 
     believes that the current data limitations are so profound 
     that the results cannot accurately be extrapolated to predict 
     national impacts. As such, the Department believes that no 
     changes in the relevant truck size and weight laws and 
     regulations should be considered until these data limitations 
     are overcome.
       To make a genuine, measurable improvement in the knowledge 
     needed for these study areas, a more robust study effort 
     should start with the design of a research program that can 
     identify the areas, mechanisms and practices needed to 
     establish new data sets and models to advance the state of 
     practice. This research plan could be developed by an expert 
     panel, such as the TRB, and should include a realistic 
     estimation of timelines and costs.
       As stated above, we are providing the technical reports 
     from the study effort for peer review and public comment. 
     FHWA will provide you with a final report once it 
     incorporates these additional observations into the Study. In 
     addition to the technical reports, attached is a summary 
     sheet of the steps with the findings of this study.
       Please feel free to contact me should you have any 
     questions.
           Sincerely,
                                                  Peter M. Rogoff,
                                                  Under Secretary.


[[Page H7589]]


  

  Mr. RIBBLE. Madam Chair, we are facing a capacity crunch in the 
United States today. Overall freight tonnage is projected to increase 
by 25 percent over the next decade. Our Federal truck weight policy is 
two decades old, and it must be updated if we are going to stay 
competitive with our trading partners, especially those in this 
hemisphere.
  My bipartisan amendment would give States the option of increasing 
truck weight limits on their interstate highways from 80,000 pounds to 
91,000 pounds if those trucks add a sixth axle. I want to remind 
everyone it is an option, not a mandate, and it does not govern weight 
limits on State and local roads.
  Twenty-five of the 50 States, including my home State of Wisconsin, 
already allow heavier trucks on their State or local roads. So here we 
have an opportunity to move those trucks over to the interstate system, 
the safest place for trucks to travel.
  Under current laws, in many States, heavier trucks are forced to 
share smaller roads with moms and dads driving to work or taking their 
kids to school rather than on the interstate where they belong.
  The U.S. Department of Transportation found numerous safety and 
efficiency benefits for this configuration in their technical report of 
its truck size and weight study. Four main findings of the DOT report 
are, first, a 91,000-pound, six-axle truck would actually stop faster 
than trucks currently allowed on the highways; second, this 
configuration would reduce life-cycle pavement costs by up to 4 percent 
relative to trucks currently on the road; third, this configuration 
would reduce truck vehicle miles traveled and would lead to reduced 
fuel costs and carbon dioxide emissions.
  Finally, Madam Chairman, this configuration would result in no 
additional onetime rehabilitation costs for bridges on the Interstate 
Highway System. I repeat, no additional onetime rehab costs for the 
interstate system bridges.
  Madam Chair, I urge Members to vote ``yes'' on my amendment to 
support transportation safety and efficiency.
  Madam Chair, I reserve the balance of my time.
  Mr. CAPUANO. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Massachusetts is recognized for 
5 minutes.
  Mr. CAPUANO. Madam Chair, this is all well and good, but that 
presumes that moms, dads, and kids don't use the Interstate Highway 
System to go to school. Well, in my district they do, and especially in 
urban districts they do.
  When it comes to these humongously long trucks, what are we talking 
about? We are talking about a 14 percent increase in weight in a truck 
that is up to 100 feet long.
  Now, if you want your moms, dads, and kids to be driving next to 
them, that is your prerogative in your State. I don't want them in my 
State, and that is up to us. As a Member of Congress, I don't want them 
on the Interstate Highway System.
  By the way, if we are going to talk about the DOT study, let's be 
sure we understand the conclusion of that study, which basically says, 
``At this time, the Department believes that the current data 
limitations are so profound that the results cannot accurately be 
extrapolated to predict national impacts. As such, the Department 
believes that no changes in the relevant truck size and weight laws and 
regulations should be considered.''
  That is their conclusion after the study that they did that was just 
cited.
  I will end on this particular note. We have to understand who else is 
with us who opposes this at this time. The National Troopers 
Association, the National Sheriffs' Association, the International 
Association of Chiefs of Police, the National Association of Police 
Organizations, the AAA organization, the United States Conference of 
Mayors, the Advocates for Auto Safety, and the Teamsters Union.
  Madam Chair, I think those all speak for themselves who is on the 
side of safety and who is not on the side of safety. I hope that this 
amendment is not adopted.
  Madam Chair, I reserve the balance of my time.
  Mr. RIBBLE. Madam Chair, I appreciate the gentleman from 
Massachusetts' comments, although my amendment doesn't address truck 
size whatsoever. My amendment doesn't include any change in 
configuration to the truck size. It does take existing truck sizes, and 
it requires the additional axle to that.
  I also find it a tad bit striking that someone from Massachusetts 
would be challenging a 91,000-pound truck weight when their own State 
allows 99,000 pounds on State roads and county roads in certain types 
of trucks.
  What I am trying to do, rather than having those trucks driving on a 
two-lane highway, is to get them on a separated highway where everyone 
is moving in the same direction and moving them off of the smaller 
roads.
  I also would like to talk about the policy recommendations. What the 
gentleman from Massachusetts just referred to was a cover letter on the 
study, but not the study itself. I am referring to the actual study.
  The scientists that actually did the study came to the conclusions 
that I mentioned before. I'm not speaking of a political cover letter 
by the administration who opposes this.
  If we want to talk about agencies and organizations that support my 
amendment, there are over 80 of those. We could go on and on, but time 
does not allow.
  I would emphasize once again that my amendment is compliant with the 
Federal Bridge Formula. I would also note that my amendment gives the 
DOT the flexibility to prevent the operation of heavier trucks on 
certain roads if DOT determines that there is a safety risk. It also 
allows the States to opt out.
  Madam Chair, I reserve the balance of my time.
  Mr. CAPUANO. Madam Chair, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Barletta).
  Mr. BARLETTA. Madam Chairman, I rise today to strongly oppose the 
amendment. This is bad policy because our local communities cannot 
afford to spend billions in new damages to our local roads and bridges.

  As a former mayor, I stand with the mayors, cities, and counties in 
opposition. When heavy trucks get off the highway to fuel up their 
tanks or to make their deliveries, they end up on roads and bridges 
paid for by the counties, the cities, and the States.
  More than 25 percent of the Nation's bridges are structurally 
deficient, and a majority of these are locally owned. In Pennsylvania 
alone, we have over 5,000 structurally deficient bridges. It doesn't 
matter how many axles are on that truck.
  Additionally, Madam Chairman, I worked in the construction industry 
building roads and bridges. A local street only has a few inches of 
asphalt while the interstates have over a foot of concrete. Our local 
roads are not designed for the increased damage, and our local 
communities cannot afford billions in new maintenance costs.
  This is not just fiscally irresponsible; it is indefensible. It is 
wrong to force our mayors and county commissioners to subsidize this 
special perk, a perk that many truck drivers are afraid to take on. 
This weight increase is strongly opposed by truck drivers and 
companies.
  There are serious safety concerns, such as braking problems and 
increased crash rates. That is why I stand with the troopers, the 
sheriffs, and the first responders. Please vote ``no'' on this 
amendment.
  Mr. RIBBLE. Madam Chair, how much time is remaining?
  The Acting CHAIR. The gentleman from Wisconsin has 1\1/2\ minutes 
remaining.
  Mr. RIBBLE. Madam Chair, I continue to reserve the balance of my 
time.
  Mr. CAPUANO. Madam Chair, how much time do I have remaining?
  The Acting CHAIR. The gentleman from Massachusetts has 2 minutes 
remaining.
  Mr. CAPUANO. I yield 1\1/2\ minutes to the gentleman from New York 
(Mr. Nadler), my friend.
  Mr. NADLER. Madam Chairman, I rise in opposition to the Ribble 
amendment to allow heavier and bigger trucks on the Nation's highways.
  Every time we move a transportation bill, proponents of bigger trucks 
on behalf of certain industries try to weaken

[[Page H7590]]

the restrictions Congress has put in place to protect the safety of the 
traveling public and to reduce wear and tear on the highways.
  According to DOT, there is an $800 billion backlog of investment 
needs on highways and bridges, including $480 billion in critical 
repair work. The underlying bill does not provide any increase in 
funding. If this amendment passes, heavier trucks will further damage 
our roadways and add to the backlog, burdening our transportation 
agencies.
  In MAP-21, rather than consider an increase in truck weight, we 
required DOT to conduct a study. The DOT found there is insufficient 
data to support an increase in truck size or weight. But we do know 
that bigger trucks are damaging and dangerous.
  The DOT study found that 91,000-pound trucks would damage thousands 
of bridges and divert more than 2\1/2\ million tons of freight from 
rail to truck, further congesting our roadways, further damaging our 
roadways, and further contaminating our air, since trucks are three 
times less energy efficient and more emissions-polluting than rail.
  It is also well known that heavier trucks aren't safe. In 2013, there 
were over 134,000 accidents involving large trucks, resulting in 4,000 
fatalities. The DOT study found that 91,000-pound trucks resulted in a 
47 percent higher crash rate when compared to 80,000-pound trucks in 
State testing.
  That is why the public is overwhelmingly opposed to bigger trucks. 
That is why the National Association of Police Organizations, the 
National Sheriffs' Association, and other law enforcement organizations 
oppose this proposed increase in truck weight. That is why we should 
oppose this increase in truck weight and this amendment.
  Mr. RIBBLE. Madam Chair, in response to the gentleman from 
Pennsylvania earlier, Pennsylvania doesn't have to adopt this policy. 
It is totally optional for that State to do so.
  I find it interesting that the gentleman from New York is concerned 
about this while the State of New York already allows these heavier 
trucks on their roads in their State, as does the State of Wisconsin.
  The study supports the fact that this configuration would actually 
reduce life-cycle payment costs. That is in the study by the 
scientists, not the cover letter.
  So we have this dichotomy where 25 States already are running these 
heavier trucks. All my bill would do is allow them to move toward the 
interstate system.
  Madam Chair, I reserve the balance of my time.
  Mr. CAPUANO. Madam Chair, again, just two points. I think everything 
has been said. I do want to add that I have been informed that the 
independent owners and operators of trucking, which represents 90 
percent of the owners of trucks in this country, oppose this bill.
  This bill will help only the largest truckers in the company. It will 
hurt the little guy. It will hurt the drivers of trucks. It will put my 
family and other families in danger for virtually no advancement in the 
economy.
  It is a bad proposal. I understand the desire. I know that some 
States have done it. And, God forbid, if they have done it, that is 
their prerogative. But they are the ones who are going to have to 
answer to their increased deaths and damages on the highways.
  I yield back the balance of my time.
  Mr. RIBBLE. Madam Chair, I will wrap this up. I appreciate this 
debate. I will say this: I am not interested in whether truckers make 
more money or rails make more money.
  I am interested in the poor family that has to pay higher prices for 
food, for clothing, for goods and services, and for electricity because 
of this weight restriction.
  I also am concerned about the States that already are allowing these 
trucks--25 of them--but we can't drive them on the interstate system, 
which makes no sense whatsoever.
  I also want to remind everyone that any State can choose not to do 
this if they don't want to. This would just allow the ones that would 
like to be able to do that. It is in full compliance with the study.
  Madam Chair, I yield back the balance of my time.
  Mr. PETERSON. Madam Chair, I rise in support of the Ribble-Schrader-
Rouzer-Peterson amendment that would give states the option of allowing 
more productive trucks on the road if they are equipped with a sixth-
axle.
  In rural America, this amendment will mean that farmers will be able 
to get their harvest to market more efficiently, with fewer trips on 
the road.
  Fewer trips back and forth from the field saves fuel and saves time, 
which is especially important when farmers are racing the clock during 
the busy harvest season.
  Unlike other businesses, farmers can't just pass along the cost of 
transporting their crops to market.
  Staying competitive means that we need to take advantage of safe 
transportation options, like the one that would be allowed by the 
amendment we are considering today.
  This amendment has the support of a broad coalition of agriculture 
organizations including the American Farm Bureau Federation, the 
National Council of Farmer Cooperatives, the National Milk Producers 
Federation and the American Soybean Association to name a few.
  This amendment, as part of a long-term reauthorization bill, is a 
necessary step towards modernizing our transportation system, and I 
urge my colleague to vote in support of this commonsense amendment.
  Again, Madam Chair, I strongly support the amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Wisconsin (Mr. Ribble).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. RIBBLE. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Wisconsin 
will be postponed.


            Amendment No. 15 Offered by Ms. Brown of Florida

  The Acting CHAIR. It is now in order to consider amendment No. 15 
printed in part B of House Report 114-325.
  Ms. BROWN of Florida. Madam Chair, I have amendment No. 15 at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of division A, add the 
     following:

     SEC. __ . NATIONAL ADVISORY COMMITTEE ON TRAVEL AND TOURISM 
                   INFRASTRUCTURE.

       (a) Findings.--Congress finds that--
       (1) 1 out of every 9 jobs in the United States depends on 
     travel and tourism, and the industry supports 15,000,000 jobs 
     in the United States;
       (2) the travel and tourism industry employs individuals in 
     all 50 States, the District of Columbia, and all of the 
     territories of the United States;
       (3) international travel to the United States is the single 
     largest export industry in the Nation, generating a trade 
     surplus balance of approximately $74,000,000,000;
       (4) travel and tourism provide significant economic 
     benefits to the United States by generating nearly 
     $2,100,000,000,000 in annual economic output; and
       (5) the United States intermodal transportation network 
     facilitates the large-scale movement of business and leisure 
     travelers, and is the most important asset of the travel 
     industry.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory committee to be known as the National Advisory 
     Committee on Travel and Tourism Infrastructure (in this 
     section referred to as the ``Committee'') to provide 
     information, advice, and recommendations to the Secretary on 
     matters relating to the role of intermodal transportation in 
     facilitating mobility related to travel and tourism 
     activities.
       (c) Membership.--The Committee shall--
       (1) be composed of members appointed by the Secretary for 
     terms of not more than 3 years; and
       (2) include a representative cross-section of public and 
     private sector stakeholders involved in the travel and 
     tourism industry, including representatives of--
       (A) the travel and tourism industry, product and service 
     providers, and travel and tourism-related associations;
       (B) travel, tourism, and destination marketing 
     organizations;
       (C) the travel and tourism-related workforce;
       (D) State tourism offices;
       (E) Sate departments of transportation;
       (F) regional and metropolitan planning organizations; and
       (G) local governments.
       (d) Role of Committee.--The Committee shall--
       (1) advise the Secretary on current and emerging 
     priorities, issues, projects, and funding needs related to 
     the use of the Nation's intermodal transportation network to 
     facilitate travel and tourism;
       (2) serve as a forum for discussion for travel and tourism 
     stakeholders on transportation issues affecting interstate 
     and interregional mobility of passengers;

[[Page H7591]]

       (3) promote the sharing of information between the private 
     and public sectors on transportation issues impacting travel 
     and tourism;
       (4) gather information, develop technical advise, and make 
     recommendations to the Secretary on policies that improve the 
     condition and performance of an integrated national 
     transportation system that is safe, economical, and 
     efficient, and that maximizes the benefits to the Nation 
     generated through the United States travel and tourism 
     industry;
       (5) identify critical transportation facilities and 
     corridors that facilitate and support the interstate and 
     interregional transportation of passengers for tourism, 
     commercial, and recreational activities;
       (6) provide for development of measures of condition, 
     safety, and performance for transportation related to travel 
     and tourism;
       (7) provide for development of transportation investment, 
     data, and planning tools to assist Federal, State, and local 
     officials in making investment decisions relating to 
     transportation projects that improve travel and tourism; and
       (8) address other issues of transportation policy and 
     programs impacting the movement of travelers for tourism and 
     recreational purposes, including by making legislative 
     recommendations.
       (e) National Travel and Tourism Infrastructure Strategic 
     Plan.--
       (1) Initial development of national travel and tourism 
     infrastructure strategic plan.--Not later than 3 years after 
     the date of enactment of this act, the Secretary shall, in 
     consultation with the Committee, State departments of 
     transportation, and other appropriate public and private 
     transportation stakeholders, develop and post on the 
     Department's public Internet Web site a national travel and 
     tourism infrastructure strategic plan that includes--
       (A) an assessment of the condition and performance of the 
     national transportation network;
       (B) an identification of the issues on the national 
     transportation network that create significant congestion 
     problems and barriers to long-haul passenger travel and 
     tourism,
       (C) forecasts of long-haul passenger travel and tourism 
     volumes for the 20-year period beginning in the year during 
     which the plan is issued;
       (D) an identification of the major transportation 
     facilities and corridors for current and forecasted long-haul 
     travel and tourism volumes, the identification of which shall 
     be revised, as appropriate, in subsequent plans;
       (E) an assessment of statutory, regulatory, technological, 
     institutional, financial, and other barriers to improved 
     long-haul passenger travel performance (including 
     opportunities for overcoming the barriers);
       (F) best practices for improving the performance of the 
     national transportation network; and
       (G) strategies to improve intermodal connectivity for long-
     haul passenger travel and tourism.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Florida (Ms. Brown) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Florida.
  Ms. BROWN of Florida. Madam Chair, the amendment I am offering with 
my colleagues, Representatives Titus and Rice of South Carolina, simply 
creates a national advisory committee on travel and tourism 
infrastructure.
  The committee will advise the Secretary on current and emerging 
priorities and funding needs related to the use of the Nation's 
transportation system to help facilitate travel and tourism.
  The advisory committee will gather information, develop technical 
advice, and make recommendations to the Secretary on policies that 
maximize the benefits to the Nation that are generated through the 
United States travel and tourism industry.
  The committee will then share this information with Federal, State, 
and local officials making investment decisions relating to 
transportation projects that improve travel and tourism.
  Advisory committee members will be appointed by the Secretary of 
Transportation and will include representatives from public and private 
sector stakeholders involved in the travel and tourism industry. The 
travel industry generates $1.8 trillion in economic output and supports 
14.1 million jobs.
  I represent central Florida, which includes Disney World, Universal 
Studios, SeaWorld, NASA, the Citrus Bowl, world famous beaches, and 
hundreds of other tourist attractions with over 50 million visitors 
each year.

                              {time}  1630

  Not only is it critical to ensure the best infrastructure for the 
efficient flow of these visitors, but ensuring best practices and 
sharing information will help move people out of harm's way in case of 
a manmade or natural disaster.
  I encourage my colleagues to support this bipartisan amendment, and I 
reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chair, in the interest of the amendment's 
sponsors, it is already directly addressed in the bill by section 1201 
and section 1202. They specifically add travel and tourism as 
considerations in the metropolitan and State planning process.
  I appreciate the importance of travel and tourism to local economies. 
In fact, in Pennsylvania, it is one of the most important in the 
Pennsylvania economy.
  A national advisory committee does not need to be mandated by 
Congress, in my view. The stakeholder community will now be able to 
address travel and tourism in the development of State and metropolitan 
transportation plans.
  Further, there is nothing to prevent public and private interests 
from coordinating their efforts to promote tourism and travel in the 
absence of a national advisory committee.
  I urge all Members to oppose this. This is redundant. We already have 
it in the bill. I think it stands on its own merits in the bill.
  I reserve the balance of my time.
  Ms. BROWN of Florida. Madam Chair, how much time do I have remaining?
  The Acting CHAIR. The gentlewoman from Florida has 3\1/2\ minutes 
remaining.
  Ms. BROWN of Florida. Madam Chair, I yield 1\1/2\ minutes to the 
gentlewoman from Nevada (Ms. Titus).
  Ms. TITUS. Madam Chair, I thank my colleague for yielding.
  I rise in support of the Brown-Titus-Rice amendment to establish a 
national travel infrastructure strategy and advisory committee, and I 
urge all of my colleagues to do the same.
  I represent the heart of the Las Vegas Valley, where more than 42 
million travelers board planes, buses, and cars to come and enjoy some 
holiday time and bask in the sun and the bright lights of the Las Vegas 
Strip. Others come to attend some of the largest professional and 
business meetings in the country.
  Like so many places, our economy is built on the hospitality 
industry, and its success depends on a strong transportation network to 
bring and move those millions of visitors around, as well as the 
freight needed to serve those visitors. That is why I was proud to work 
with my colleague from Florida (Mr. Webster) on an amendment just 
referenced to ensure that State and local planning processes would 
consider the needs of the traveler as part of the long-term planning 
process. This amendment was approved by voice vote just 2 weeks ago in 
the committee.
  Today, we are here with a similar bipartisan amendment that ensures 
that travel and tourism are part of our national policy for 
transportation. Our policies are enhanced when we consult and 
collaborate with leaders who rely on our transportation networks. Their 
guidance and experience can ensure that our DOT decisionmakers are 
aware of the changing needs and trends in travel and tourism, and can 
tailor investments and strategies to meet those needs.
  We often hear people in this very body rail against Washington 
bureaucrats not knowing what is going on back home. This amendment 
would address that. I urge your support.
  Mr. SHUSTER. Madam Chair, I continue to reserve the balance of my 
time.
  Ms. BROWN of Florida. Madam Chair, I yield the balance of my time to 
the gentleman from South Carolina (Mr. Rice).
  Mr. RICE of South Carolina. Madam Chair, I thank the gentlewoman for 
yielding.
  I certainly appreciate and respect the chairman's hard work in 
gathering up this bill. While I respectfully disagree with him that the 
bill adequately addresses tourism, I think a national committee 
reporting directly to the Secretary of Transportation, similar to other 
aspects of the travel industry, like freight, trucking, and other

[[Page H7592]]

things, would certainly benefit the tourism industry and give a more 
balanced perspective.
  I rise in support of this amendment. It is important for the 
Department of Transportation not to lose focus on the movement of 
people in their strategic planning of our Federal network. Congestion 
is at an all-time high, and new construction is at an all-time low. To 
best address these issues, the Department of Transportation should 
consult with experts in moving people efficiently: the travel and 
tourism industry.
  Creating a national advisory committee on travel and tourism will 
ensure that most knowledgeable private sector stakeholders have a role 
in the planning of our most important corridors.
  Travel and tourism supports 15 million jobs in the United States and 
is important to every region of the country. Establishing a forum to 
collaborate, strategize, and develop infrastructure that allows the 
industry to exist is necessary to ensuring America's competitiveness in 
the tourism global market.
  Determining a long-term plan for anything is rare here in Washington. 
That is exactly what this amendment does; it determines a long-term 
strategic plan for the travel and tourism industry.
  Madam Chair, in my district in South Carolina, Myrtle Beach welcomes 
over 16 million visitors annually. Tourism is the driver of our economy 
in the Grand Strand. We are one of the most visited destinations in the 
country and do not have interstate access. In fact, we are the most 
visited destination that does not have interstate access. If a 
destination attracts 16 million visitors without an interstate, imagine 
what areas like ours could do with one.
  The national advisory committee on travel and tourism will identify, 
prioritize, and make recommendations to the DOT on areas in need of 
infrastructure advances, like Myrtle Beach, South Carolina. That is why 
I am a cosponsor of this important amendment.
  Mr. SHUSTER. Madam Chair, again, I continue to oppose the amendment 
offered by the gentleman from Myrtle Beach, the gentlewoman from Las 
Vegas, and the gentlewoman from central Florida. I understand 
completely their concern with tourism.
  As I pointed out earlier, this is already in the bill. I believe Ms. 
Titus and Mr. Webster got it into the bill in markup. So, again, this 
is redundant. This is not necessary. Section 1201 and section 1202 
specifically add travel and tourism, so I believe it is in the bill.
  I yield back the balance of my time.
  Ms. BROWN of Florida. Madam Chair, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Florida (Ms. Brown).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. BROWN of Florida. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Florida 
will be postponed.


               Amendment No. 16 Offered by Mr. DeSaulnier

  The Acting CHAIR. It is now in order to consider amendment No. 16 
printed in part B of House Report 114-325.
  Mr. DeSAULNIER. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of division A, add the 
     following:

     SEC. __. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE 
                   DEVICES.

       (a) Study.--The Secretary shall conduct a study on methods 
     for identifying roadside highway safety hardware devices to 
     improve the data collected on the devices, as necessary for 
     in-service evaluation of the devices.
       (b) Contents.--In conducting the study, the Secretary shall 
     evaluate identification methods based on the ability of the 
     method to--
       (1) convey information on the devices, including 
     manufacturing date, factory of origin, product brand, and 
     model;
       (2) withstand roadside conditions; and
       (3) connect to State and regional inventories of similar 
     devices.
       (c) Identification Methods.--The identification methods to 
     be studied under this section include stamped serial numbers, 
     radio-frequency identification, and such other methods as the 
     Secretary determines appropriate.
       (d) Report to Congress.--Not later than January 1, 2018, 
     the Secretary shall submit to Congress a report on the 
     results of the study.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from California (Mr. DeSaulnier) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. DeSAULNIER. Madam Chair, this commonsense amendment directs the 
U.S. Department of Transportation to study ways to improve data 
collection on highway safety hardware devices. Today, these devices, 
which include guardrails, barriers, terminals, and railings, are 
critical to the safety of our roadways yet are often taken for granted.
  In November of last year, Darryl Blackmon, a 24-year-old San 
Francisco Bay Area resident, a beloved family member who supported his 
mom, amongst other family members, community volunteer, and football 
star at Kansas State University, was killed in a collision with a 
guardrail that 40 States and the District of Columbia have stopped 
installing due to safety concerns.
  In response to tragedies like Darryl Blackmon's death and thanks to a 
whistleblower who highlighted the fraudulent actions taken by this 
particular guardrail manufacturer, earlier this year, a Federal judge 
handed down a $663 million judgment against the manufacturer for 
failing to disclose information to Federal and State regulators about 
modifications made to their guardrail specifications after they were 
approved by the Federal Highway Administration.
  Despite Federal tests dating back to 2005, suggesting these 
guardrails are safe, just last month, Virginia's attorney general said 
that the guardrails tested by the Virginia Department of Transportation 
``failed miserably.'' According to media reports, more than 200,000 of 
these particular guardrails may still be in service on our Nation's 
highways. Unfortunately, there is no existing mechanism to accurately 
verify this number or locate all the guardrails. That is why this 
amendment is critically important. Without a practical mechanism for 
identifying defective guardrails, many States are still assessing their 
ability to remove defective products from our roadways and incurring 
additional liability.
  Unfortunately, these events have highlighted the need to reform our 
current system of identifying and inventorying our highway hardware. 
This amendment makes progress towards reassessing FHWA's hardware 
review process to enhance accountability, promote transparency, and 
improve responsiveness to future safety concerns.
  It is critical to the safety of the traveling public that products 
installed on our roadways and using Federal dollars are properly 
evaluated and accounted for when safety concerns arise. Madam Chair, I 
urge my colleagues to support this commonsense amendment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim the time in opposition, although I 
am not opposed to it.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Madam Chair, I support the gentleman's amendment. It is 
a thoughtful amendment.
  I yield back the balance of my time.
  Mr. DeSAULNIER. Madam Chair, I thank the chairman.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. DeSaulnier).
  The amendment was agreed to.


           Amendment No. 17 Offered by Mr. Scott of Virginia

  The Acting CHAIR. It is now in order to consider amendment No. 17 
printed in part B of House Report 114-325.
  Mr. SCOTT of Virginia. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of division A, add the 
     following:

[[Page H7593]]

  


     SEC. __. USE OF MODELING AND SIMULATION TECHNOLOGY.

       It is the sense of Congress that the Department should 
     utilize, to the fullest and most economically feasible extent 
     practicable, modeling and simulation technology to analyze 
     highway and public transportation projects authorized by this 
     Act to ensure that these projects--
       (1) will increase transportation capacity and safety, 
     alleviate congestion, and reduce travel time and 
     environmental impacts; and
       (2) are as cost effective as practicable.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Virginia (Mr. Scott) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. SCOTT of Virginia. Madam Chair, this is a fairly simple amendment 
that I offer with my Virginia colleague, Randy Forbes. It simply 
encourages the use of modeling and simulation technology in designing 
and analyzing federally funded transportation projects so that those 
projects can be most efficient and save money in the process.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim the time in opposition, although I 
am not opposed to it.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Madam Chair, the gentleman's amendment is a smart, 
thoughtful amendment, and I support the amendment.
  I yield back the balance of my time.
  Mr. SCOTT of Virginia. Madam Chair, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Scott).
  The amendment was agreed to.


     Amendment No. 18 Offered by Ms. Eddie Bernice Johnson of Texas

  The Acting CHAIR. It is now in order to consider amendment No. 18 
printed in part B of House Report 114-325.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chair, I have an amendment 
at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 238, strike line 10 and all that follows through page 
     239, line 5, and insert the following:
       (1) by striking paragraph (4); and

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Texas (Ms. Eddie Bernice Johnson) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chair, my amendment 
represents an important effort to preserve the existing budget 
authority for the Transportation Infrastructure Finance and Innovation 
Act, TIFIA, program. In essence, this simple amendment would strike 
DOT's ability to reallocate budget authority for TIFIA, ensuring that 
this authority remains available for the TIFIA program.
  The TIFIA program was first authorized by Congress in 1998 to fill a 
critical gap in financing for large-scale transportation projects. 
Since that time, the Department of Transportation has provided low-
interest credit assistance to State and local governments in order to 
help finance projects of regional and national significance. Current 
law directs the Department of Transportation to redistribute 
uncommitted budget authority for TIFIA to States for use by their 
formula programs.
  Due to unforeseen delays in allocating budget authority, DOT 
redistributed approximately $640 million of budget authority for TIFIA 
as recently as April of this year. This reduced capacity for project 
financing will have serious consequences. Texas alone, for example, has 
more than $1 billion in potential projects that will utilize the TIFIA 
program.
  Make no mistake, this funding capacity has been lost not because of a 
lack of demand for the program, but because of the inability to commit 
budget authority in a timely manner.

                              {time}  1645

  Unfortunately, the highway bill being considered on the floor also 
cuts TIFIA drastically from the current level of $1 billion per year to 
just over $200 million per year. Allowing a redistribution clause to 
remain in place could result in further cuts to the program. My 
amendment would simply protect what has proven to be an invaluable 
financing tool for State and local governments.
  I urge the adoption of this amendment so that we can preserve the 
loan capacity for this time-tested program.
  I want to express my appreciation to Chairman Shuster and Ranking 
Member DeFazio for supporting this amendment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chairman, I claim the time in opposition, although 
I am not opposed.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Madam Chairman, the gentlewoman from Texas has been a 
long-term member of the committee, and she has thought this through 
well. We appreciate her bringing this amendment to the floor, and we 
support it.
  I yield back the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I yield 1 minute 
to the gentlewoman from California (Mrs. Napolitano).
  Mrs. NAPOLITANO. I thank my colleague for yielding.
  Madam Chairman, I rise in strong support of the Johnson amendment, 
and I thank my colleague from Texas for offering it.
  This amendment would allow unused TIFIA funds to be reprogrammed 
into--in other words, to be put back into--the TIFIA account.
  The L.A. Metro, in my region, is one of the biggest recipients of the 
financing from TIFIA. TIFIA is an incredibly important tool in Los 
Angeles County that allows us to use our two transportation sales tax 
measures to complete projects in 10 years instead of 30 years. Speeding 
up project construction saves money in the long run, and it allows our 
transportation users the benefits of an improved multimodal system.
  I understand the need to reduce TIFIA from $1 billion to $200 million 
for transportation funding in the underlying bill in order to provide 
for other important programs, such as a freight program. This amendment 
would help reduce the burden that decreased TIFIA funding will have on 
local communities.
  Madam Chairman, I support the Johnson amendment.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
  The amendment was agreed to.


                 Amendment No. 19 Offered by Mr. Welch

  The Acting CHAIR. It is now in order to consider amendment No. 19 
printed in part B of House Report 114-325.
  Mr. WELCH. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Strike section 3010 of division A.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Vermont (Mr. Welch) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Vermont.
  Mr. WELCH. Madam Chairman, one of the major challenges for a 
comprehensive transportation bill is to have it facilitate the creation 
of livable communities, and we have, across this country, more and more 
communities that, as part of creating that space for good 
transportation, want to include and have included bike paths.
  Biking transportation has become a real attraction for younger people 
who are moving into urban areas. It is something that has taken cars 
off the road and has put people on bikes. People are getting exercise 
and are finding beautiful ways to get around their communities. It is 
something that adds to the overall quality of life in communities 
across the country. It used to be that biking was seen as something 
that just individuals would do. It is now seen, as a result of 
transportation policy, as integral to a livable community approach.
  In the current legislation before us, the Federal match would be 
reduced

[[Page H7594]]

from 90 and 95 percent to 80 percent. This amendment would propose to 
keep the status quo, keeping that Federal contribution at 90 to 95 
percent. It makes a huge difference in our communities to get that 
extra boost as it makes a difference as to whether or not they can 
proceed on some bikeway improvements. So let's keep what we have. We 
have a good thing going. With this amendment, the ability to keep it 
going will be even stronger.
  In Vermont, bike commuting has increased by over 70 percent from 2005 
to 2014. Vermont has 19 bike and pedestrian facility projects across 
the State, totaling $38.9 million. There is a lot of local money in 
that. By the way, the young and old and middle-aged are all getting 
out, taking advantage of those things. Burlington has proposed a fully 
integrated bike network, and this amendment would help that city in 
Vermont complete that goal.
  The benefits to biking are tremendous. It is good for the 
environment. It is good for us when we get on bikes and get a little 
exercise. It is a good healthcare benefit. It is good for taking cars 
and congestion off the road. There are incidental benefits and 
economic. It has been demonstrated in Vermont that there are 
significant revenue gains to local businesses by having as robust a 
bike system as we can have.
  In summary, biking is integral in Vermont and in the Nation. Earl 
Blumenauer is the patron of biking in this country. It is a really big, 
important component, and I urge the passage of this amendment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chairman, I claim the time in opposition.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chairman, unfortunately, I rise in opposition to 
this amendment by my good friend from Vermont. I know there are a lot 
of health benefits and other benefits to this. The main reason that I 
rise in opposition is that, with the gentleman's amendment, there will 
be less money being invested in transit.
  The higher Federal share means that a bike project can eat up the 
funds the transit agencies need to address their needs. In addition, 
this amendment would mean that a bicycle project gets a higher Federal 
share than the acquisition of an ADA-compliant vehicle, which will 
support mobility for disabled individuals.
  Almost every other type of project we authorize in this bill--roads, 
bridges, bus stations--requires a partnership of up to 80 percent 
Federal, 20 percent non-Federal. These bike projects shouldn't be the 
exception; so I would urge all Members to oppose this amendment.
  I reserve the balance of my time.
  Mr. WELCH. Madam Chairman, may I inquire as to my remaining time.
  The Acting CHAIR. The gentleman from Vermont has 2\1/2\ minutes 
remaining.
  Mr. WELCH. Madam Chairman, I have one comment.
  We have a budgetary issue because we don't have as robustly funded a 
transportation bill as we need. I appreciate the comments of the 
chairman of the committee, but that problem is something that is going 
to be hamstringing every activity we do, whether it is mass transit or 
bikes. My hope is that, by the end of this process, we are finally 
going to put the money into our infrastructure--every component of it 
that we need.
  I yield 1\1/2\ minutes to the gentleman from Oregon (Mr. Blumenauer), 
my friend, who we all know in the United States House of 
Representatives is the champion of bikers everywhere.
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy in permitting 
me to speak and for his raising this issue.
  Madam Chairman, it is important that we have a balanced 
transportation system, and there are already problems in terms of being 
able to promote nonmotorized transportation in terms of bike and 
pedestrian. Being able to maintain the ability for the Federal funding, 
I think, is important. I don't think we should relegate this to being a 
second-class type of transportation.
  I was in Brooklyn on Friday night, and people were engaged in their 
initiatives with cycling. I started the week in Dallas. Texas cities 
are incorporating these mechanisms into their basic approach to 
transportation.
  This is not the end of the world, but I think it is ill-advised, and 
it is the wrong signal for us to be sending. There are several dozen 
women from the bicycle industry here--executives from companies--who 
are involved with hundreds of millions of dollars of economic activity. 
This is something that does not deserve to be downgraded. This is not 
going to upset the apple cart by any stretch of the imagination.
  I appreciate my colleague for putting the spotlight on this. We are 
watching cycling explode from Washington, D.C., to Seattle, to 
Rochester, New York, to Indianapolis, Indiana. This is a small but 
important step backwards.
  Mr. SHUSTER. Madam Chairman, I continue to oppose, and I urge all 
Members to oppose the gentleman's amendment.
  I yield back the balance of my time.
  Mr. WELCH. I thank the gentleman from Oregon, and I reiterate his 
strong arguments.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Vermont (Mr. Welch).
  The amendment was rejected.


           Amendment No. 20 Offered by Ms. Sewell of Alabama

  The Acting CHAIR. It is now in order to consider amendment No. 20 
printed in part B of House Report 114-325.
  Ms. SEWELL of Alabama. Madam Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of title III, add the following:

     SEC. ____. REPORT ON PARKING SAFETY.

       (a) Report.--Not later than 8 months after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate regarding the 
     safety of certain facilities and locations, focusing on any 
     property damage, injuries or deaths, and other incidents that 
     occur or originate at locations intended to encourage public 
     use of alternative transportation, including--
       (1) car pool lots;
       (2) mass transit lots;
       (3) local, State, or regional rail stations;
       (4) rest stops;
       (5) college or university lots;
       (6) bike paths or walking trails; and
       (7) any other locations that the Secretary considers 
     appropriate.
       (b) Recommendations.--Included with the report, the 
     Secretary shall make recommendations to Congress on the best 
     ways to use innovative technologies to increase safety and 
     ensure a better response by transit security, local, State, 
     and Federal law enforcement to address threats to public 
     safety.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Alabama (Ms. Sewell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Alabama.
  Ms. SEWELL of Alabama. Madam Chairman, I am offering this amendment 
on behalf of myself and as the designee of the gentlewoman from Texas, 
Congresswoman Sheila Jackson Lee.
  I wish to thank the chair and the ranking member of the Rules 
Committee for making this amendment in order.
  I want to thank the Transportation and Infrastructure chairman, Bill 
Shuster, as well as the ranking member, Peter DeFazio, for their 
efforts to bring the Surface Transportation Reauthorization and Reform 
Act to the floor. I thank them for this opportunity to explain the 
Jackson Lee-Sewell amendment, which makes a good bill even better by 
ensuring that the national goals of strengthening our Nation's 
transportation and infrastructure is aided by innovation.
  The Jackson Lee-Sewell amendment improves this good bill by ensuring 
that the goals of improving transportation efficiency and safety take 
into consideration the topic of rest stop and other parking and the 
topic of public safety.
  This amendment seeks a public safety report to be provided to the 
House and the Senate Transportation Committees on the security of 
locations that are intended to encourage the public use of alternative 
transportation as well as personal transportation parking areas. More 
than 1 in 10 property crimes occurs in parking lots

[[Page H7595]]

or in garages, and this study will provide an opportunity for Congress 
to do more to enhance the safety of parking areas that are used by the 
most vulnerable in our communities: students, women, seniors, the 
disabled, and other vulnerable members of the public.
  The Jackson Lee-Sewell amendment will make surface transportation 
travel safer. More importantly, it will increase safety for the 
traveling public, especially for women, seniors, students, disabled 
persons, and children.
  Madam Chairman, I ask my colleagues to support the Jackson Lee-Sewell 
amendment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chairman, I claim the time in opposition, although 
I am not opposed.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Madam Chairman, I think the gentlewoman from Alabama 
offers a sound safety provision, and I support the amendment.
  I yield back the balance of my time.
  Ms. SEWELL of Alabama. I thank the chairman for his agreeing to the 
Jackson Lee-Sewell amendment.
  Madam Chairman, I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Chair, I am offering this amendment on behalf 
of Congresswoman Sewell and myself.
  I wish to thank the Chair and Ranking Member of the Rules Committee 
for making this Amendment in order.
  I thank Transportation and Infrastructure Chairman Bill Shuster and 
Ranking Member Peter A. DeFazio for their efforts to bring the Surface 
Transportation Reauthorization and Reform Act to the floor.
  I thank them all for this opportunity to explain the Jackson Lee/
Sewell Amendments, which makes a good bill even better by ensuring that 
the national goals of strengthening our nation's transportation and 
infrastructure is aided by innovation.
  The work of the Transportation and Infrastructure Committee in 
bringing this bipartisan forward thinking bill to the floor is 
appreciated.
  This Jackson Lee/Sewell amendment improves this good bill by ensuring 
that the goals of improving transportation efficiency and safety take 
into consideration the topic of rest stop, and other parking and the 
topic of public safety.
  This Amendment seeks a public safety report to be provided to the 
House and Senate Transportation Committees on the security of locations 
that are intended to encourage public use of alternative 
transportation, as well as personal transportation parking areas.
  An essential part of the success of public transportation usage is 
the ability of automobile drivers to park their vehicles in safety.
  More than 1 in 10 property crimes occur in parking lots or garages.
  The report will provide an opportunity for Congress to do more to 
enhance the safety of parking areas that are used by students, women, 
seniors, disabled, and other vulnerable members of the public.
  The Bureau of Justice Statistics provides a detailed report on the 
place of occurrence for violent and property crimes from 2004 through 
2008.
  For example, purse snatchings and pocket pickings typically occur 
away from home.
  According to Bureau of Justice Statistics 28.2% of purses snatched 
occur in open areas such as the street or on public transportation.
  This amendment will lead to enhanced safety of car pool parking lots, 
mass transit parking; local, state, and regional rail station parking; 
college or university parking; bike paths, walking trails, and other 
locations the Secretary deems appropriate.
  The Bureau of Justice Statistics reports that victimization and 
property crimes occurring between 2004 and 2008 in parking lots and 
garages include: 213,540 victimization crimes that occurred in 
noncommercial parking lots and garages; and 864,190 property crimes.
  The Bureau's report on victimization crimes that occur at public 
transportation or in stations was 49,910 and property crimes was 
132,190.
  The Jackson Lee/Sewell Amendment will make surface transportation 
travel safer.
  More importantly, it will increase Safety of the traveling public, 
especially women, seniors, students, disabled persons, and children.
  Madam Chair, I ask my colleagues to support the Jackson Lee/Sewell 
amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Alabama (Ms. Sewell).
  The amendment was agreed to.


           Amendment No. 21 Offered by Ms. Sewell of Alabama

  The Acting CHAIR. It is now in order to consider amendment No. 21 
printed in part B of House Report 114-325.
  Ms. SEWELL of Alabama. Madam Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 315, after line 20, insert the following:

     SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit to 
     Congress a report on the potential of the Internet of Things 
     to improve transportation services in rural, suburban, and 
     urban areas. Such report shall include--
       (1) a survey of the communities, cities, and States that 
     are using innovative transportation systems to meet the needs 
     of ageing populations;
       (2) best practices to protect privacy and security 
     determined as a result of such survey;
       (3) recommendations with respect to the potential of the 
     Internet of Things to assist local, State, and Federal 
     planners to develop more efficient and accurate projections 
     of the transportation needs of rural, suburban, and urban 
     communities.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Alabama (Ms. Sewell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Alabama.
  Ms. SEWELL of Alabama. Madam Chairman, I am offering this amendment 
on behalf of myself and as the designee of the gentlewoman from Texas, 
Congresswoman Sheila Jackson Lee.
  Once again, I want to thank the chair and ranking member of the Rules 
Committee for making this amendment in order.
  I thank the Transportation and Infrastructure Committee chairman, 
Bill Shuster, as well as the ranking member, Peter DeFazio, for their 
bipartisan work in bringing the Surface Transportation Reauthorization 
and Reform Act to the floor.
  This Jackson Lee-Sewell amendment provides a report to Congress from 
the Secretary of the Department of Transportation on the Internet of 
Things, IoT, as to its potential to improve transportation services to 
the elderly and persons with disabilities as well as to assist local, 
State, and Federal transportation planners in achieving better 
efficiencies and cost savings by protecting privacy and the security of 
persons who use IoT technology.
  The IoT refers to the wireless environment that will support the 
networking of physical objects--or things--embedded with wireless 
electronic components, software sensors, and network connectivity. The 
IoT will introduce the functionality of computing into physical space 
as computing technology is integrated into devices and systems.
  This Jackson Lee-Sewell amendment will allow Congress to take into 
consideration how IoT technologies can be used to make public 
transportation safer and more convenient to the elderly and to the 
disabled and how it may improve mass personal transportation 
efficiencies.

                              {time}  1700

  This Jackson Lee-Sewell amendment will help ensure that we harness 
the benefit of the Internet of things for the traveling public and 
minimize the threats to privacy and cybersecurity presented by this new 
technology.
  I include in the Record, first, an article entitled ``How the 
Internet of Things is Improving Transportation and Logistics'' and, 
secondly, an article entitled, ``Mapping IoT into Today's Urban 
Transportation Systems.''

                  [From SupplyChain247, Sept. 9, 2015]

  How the Internet of Things Is Improving Transportation and Logistics

       Whether by air, ground or sea, transportation and logistics 
     are essential components to many enterprises' productivity, 
     and access to real-time data is critical.
       Many businesses have already discovered the advantages of 
     using mobile technologies; however, the unpredictable nature 
     of fuel costs, rising labor rates, increased traffic and a 
     changing regulatory environment, continue to make operations 
     challenging.
       What's more, inefficiencies caused by a lack of visibility 
     create considerable costs.
       As industry regulations force transportation and logistics 
     organizations to do more with less, profitability is 
     threatened. However, with visibility into personnel, 
     equipment and transactions, enterprises can better support 
     peak operations in real time--improving operational 
     efficiency and performance.

[[Page H7596]]

       With the advent of today's mobile technologies and the 
     Internet of Things (IoT), enterprises can accelerate 
     productivity, profitability and operations with solutions 
     designed specifically for their processes. With the right IoT 
     solution in place, enterprises can connect all devices across 
     a centralized cloud network, and capture and share their 
     mission-critical data, allowing them to gain real-time 
     visibility of their operations.
       This actionable insight is what provides organizations the 
     Enterprise Asset Intelligence they need to make improvements. 
     This enhanced business knowledge can be gained through a set 
     of enabling technologies in the areas of asset management, 
     cloud, mobile and Big Data.
       By leveraging Enterprise Asset Intelligence, transportation 
     and logistics can dramatically improve the following areas:


                        I. End-to-End Visibility

       Transportation and logistics businesses around the globe 
     are focused on maximizing supply chain efficiency in order to 
     sustain profitability and viability.
       However, to reach this level of performance, they need to 
     make end-to-end improvements. Complete visibility facilitates 
     more effective, timely decisions and reduces delays through 
     quicker detection of issues.
       Mobile devices, such as radio frequency identification 
     (RFID), barcode scanners and mobile computers, have become a 
     major influence in supply chain visibility and operations. 
     Many transportation and logistics companies using RFID today 
     are reaching nearly 100 percent shipping and receiving 
     accuracy, 99.5 percent inventory accuracy, 30 percent faster 
     order processing and 30 percent reduction in labor costs.
       Mobile technologies provide businesses line of sight into 
     equipment, inventory and business processes. This asset 
     intelligence allows organizations to increase their 
     efficiency by providing them real-time data across their 
     entire supply chain.
       Though these types of solutions have already helped 
     transportation and logistics businesses make improvements 
     over the years, leveraging them with enabling technologies 
     like the IoT can deliver even more asset intelligence, 
     leading to more informed decisions.


                   II. Warehouse and Yard Management

       The warehouse and/or yard are at the core of transportation 
     and logistics businesses. Their efficiency directly impacts 
     the cost of doing business and the ability to compete. With 
     IoT-enabled mobile devices designed to track inventory data, 
     equipment and vehicles, enterprises can give their physical 
     assets a digital voice.
       By converting the physical to digital, transportation and 
     logistics warehouses can capture and share their mission-
     critical data across the cloud, ensuring they have the right 
     products in the right place at the right time.
       Yard personnel are frequently moving around on foot or in 
     vehicles, manually conducting their routine tasks. This 
     process is time intensive and prone to error which causes a 
     number of visibility-related problems including redundant 
     trailer moves, yard gate congestion, product shrinkage, 
     wasted fuel and lost time. To address these issues, 
     organizations across the supply chain implement RFID systems 
     that automate asset tracking and location.
       By reducing human intervention and enabling more machine-
     to-machine information sharing, enterprises can greatly 
     increase efficiency and accuracy.


                         III. Fleet Management

       When it comes to transportation and logistics, fleet 
     management plays a critical role in managing maintenance 
     schedules, everyday vehicle usage and service routes. In 
     order to maximize productivity and operational efficiency, 
     fleet downtime must be minimized. With mobile scanners, 
     computers and RFID systems alone, enterprises can gain 
     visibility into their assets and better streamline operations 
     to keep their fleet moving.
       By replacing manual and hard-copy work orders with mobile 
     devices, technicians save time and increase data accuracy. 
     Furthermore, with realtime, accurate insight into maintenance 
     history, parts availability and inventory records, 
     technicians can relay information back to their central 
     database.
       By leveraging connected, mobile devices, enterprises can 
     capture, share and manage data around their moving assets 
     across the enterprise. Connectivity also enables enterprises 
     to communicate with their technicians (drivers) anytime, 
     anywhere, allowing them to be proactive with in-field 
     repairs, maintenance, etc. With real-time updates on certain 
     conditions such as bad weather or traffic, fleet technicians 
     can better respond and/or prepare.
       For field technicians, real-time visibility into driver and 
     vehicle performance is critical. This visibility can be used 
     to increase the safety of technicians, reduce damaged 
     inventory and decrease insurance-related costs all of which 
     are critical to an enterprise's bottom line. Additionally, 
     with real-time insight, technicians and drivers can respond 
     to customer service inquiries in a timely manner. This helps 
     personnel know when and where to allocate their time--
     improving the organization's overall performance and customer 
     service.
       Furthermore, with the ability to securely monitor their 
     equipment and environment in real time, field service 
     technicians can take action before problems arise. With the 
     IoT, companies can gain intelligence remotely around their 
     assets in the field, allowing them to facilitate needbased 
     maintenance and eliminating unnecessary and/or reactive 
     responses.
       Advances in mobile technology and the IoT are dramatically 
     improving the way transportation and logistics businesses 
     operate. The Enterprise Asset Intelligence delivered through 
     these solutions is what enables organizations to pinpoint 
     inefficiencies in real time, improving throughput and helping 
     them build progressive plans to move toward innovation.
                                  ____


                [From MassTransitMag.com, Nov. 2, 2015]

         Mapping IoT Into Today's Urban Transportation Systems

                          (By Ashwini Chharia)

       Today, more than 54 percent of the world's population lives 
     in urban areas, a number that is expected to increase to 66 
     percent in the coming decades. This results initially in 
     higher urban density, followed by urban sprawl as people and 
     businesses expand beyond the initial city boundaries. Such 
     urban growth and sprawl results in a society with 
     considerably more vehicles on the roads, amidst an increasing 
     demand from commuters for faster and alternate transportation 
     channels. We can all relate to experiencing more congestion, 
     increased accidents and road construction, all of which are 
     also resulting in safety issues and increase the amount of 
     time the average person spends commuting. Traffic congestion 
     wastes energy, contributes to global warming and costs 
     individuals and businesses time and money.
       Using mobile applications, users are promised real-time 
     travel information in order to reach a destination in an 
     efficient amount of time. Yet, even using map applications 
     many people still find themselves spending an inordinate 
     amount of time in commute due to traffic, accidents and other 
     disruptions. Cities are also increasingly forced to compete 
     amongst themselves to attract residents and businesses and be 
     considered a more desirable place to live and work. A city's 
     transportation and communication infrastructure is an 
     important consideration that has direct and indirect economic 
     impacts for government, businesses and residents.
       To meet rising demand, cities require infrastructures and 
     systems that are connected, energy-conscious and intelligent 
     enough to quickly react to everyday traffic situations. This 
     includes supporting machine-to-machine interactions that 
     allow travelers to quickly reroute their trip or plan to take 
     alternate transportation, should a disruption arise. Critical 
     to achieving this is a strong foundation of information and 
     communications technology (ICT), and resource management 
     systems that operate under a supportive policy framework and 
     enable an expanded public-private cooperation. This 
     communication infrastructure needs to support reliable high-
     speed transmission of vast amounts of data and enable 
     communication across people, organizations and systems. For 
     example, intelligent traffic management systems that use 
     wirelessly managed traffic lights at interchanges to help 
     reduce congestion require a robust infrastructure that 
     permits them to transmit large volumes of signal and video 
     data to traffic control centers.
       Mobile technologies today are already enabling residents to 
     quickly inform and be informed of traffic situations and 
     patterns that are emerging during their commute. In a traffic 
     incident or natural catastrophe situation, mobile 
     technologies provide a means for interactive exchange of 
     information and quick guidance and action from other parties, 
     such as medical and law enforcement organizations and 
     insurance companies. With intelligent transportation systems 
     that can be used for traffic management and are available on 
     a cloud platform, even smartphones can be used to manage the 
     traffic system at any time.

  Ms. SEWELL of Alabama. I yield back the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim the time in opposition, although I 
do not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Mr. Chairman, the gentlewoman has a solid, sound 
amendment, and I support it.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Chair, I am offering this amendment on behalf 
of Congresswoman Sewell and myself.
  Once again, I wish to thank the Chair and Ranking Member of the Rules 
Committee for making this Amendment in order.
  I thank the Transportation and Infrastructure Committee Chairman Bill 
Shuster and Ranking Member Peter A. DeFazio for their bipartisan work 
to bring the Surface Transportation Reauthorization and Reform Act to 
the floor.
  This Jackson Lee/Sewell Amendment provides a report to Congress from 
the Secretary of the Department of Transportation on the ``Internet of 
Things'' (IoT) and its potential to improve transportation services to 
the elderly and persons with disabilities as well as assist local, 
state and federal transportation planners in achieving better 
inefficiencies and cost effectiveness, while protecting privacy and 
security of persons who use IoT technology.

[[Page H7597]]

  The IoT refers to the wireless environment that will support 
networking of physical objects or ``things'' embedded with wireless 
electronic components, software, sensors, and network connectivity 
technology, which enables these objects to collect and exchange data on 
people, places and things.
  The IoT will introduce the functionality of computing into physical 
space as computing technology is integrated into devices and systems.
  It will also challenge the privacy and security of users of the 
technology if precautions are not taken to ensure that information on 
these devices is not protected.
  This Jackson Lee/Sewell amendment will allow Congress to take into 
consideration how IoT technologies can be used to make public 
transportation, safer, more convenient to the elderly and disabled, and 
how it may improve mass and personal transportation efficiency.
  The ability to include wireless technology into physical things or 
support communication among digital devices that may be nearby or at 
distances will offer many benefits to consumers.
  IoT products are already being deployed for personal, recreational, 
city planning, public safety, energy consumption management, 
healthcare, and many other applications.
  Today, local governments are working to incorporate IoT services into 
transportation; garbage pickup, as well as the provision of wireless 
connectivity for their residents.
  The Jackson Lee/Sewell Amendment will help ensure that we harness the 
benefits of the ``Internet of Things'' for the traveling public and 
minimize the threats to privacy and cybersecurity presented by this new 
and exciting technology.
  I urge support for the Jackson Lee/Sewell Amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Alabama (Ms. Sewell).
  The amendment was agreed to.


               Amendment No. 22 Offered by Mr. Blumenauer

  The Acting CHAIR. It is now in order to consider amendment No. 22 
printed in part B of House Report 114-325.
  Mr. BLUMENAUER. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 326, line 10, strike ``13 percent'' and insert ``11 
     percent''.
       Page 326, beginning line 18, strike ``14.5 percent'' and 
     insert ``13.5 percent''.
       Page 326, line 25, strike ``52.5 percent'' and insert 
     ``50.5 percent''.
       Page 327, line 20, strike ``5 percent'' and insert ``10 
     percent''.
       Page 348, line 17, strike ``15 percent'' and insert ``2 
     percent''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. BLUMENAUER. Madam Chair, I appreciate the work that has been done 
in this underlying legislation to put more national priority dealing 
with nonmotorized safety.
  This new program gives States funding for Vision-Zero-type activities 
that are on the forefront of what is happening in communities around 
the country that are not accepting the carnage on the highways for 
pedestrians and cyclists being able to use these tools, to be able to 
re-engineer and to enforce and protect some of our most vulnerable 
citizens.
  Being struck by a motor vehicle is the leading cause of injury-
related death for children under 14, and being struck by a motor 
vehicle is the second-leading cause of injury-related death for senior 
citizens. This is our young and our old.
  In low-income neighborhoods, there is a much higher pedestrian 
fatality rate than in higher income areas. Fatalities on our roadways 
have declined overall, but the number of pedestrians killed annually 
rose 16 percent over the course of the last 5 years.
  We spend billions of dollars on surface transportation every year, 
not as much as we should, but a significant amount of money. Yet, we 
are spending less than a billion on critical bike and pedestrian 
Federal projects.
  That is why I strongly support the new nonmotorized public safety 
program. However, I have one modest concern. Only States where 15 
percent or more of the traffic fatalities are nonmotorized are eligible 
for this funding. My reckoning is that only 20 States and the District 
of Columbia would qualify. This seems backwards to me.
  When we have this carnage occurring in communities large and small 
across the country, this provision would actually reward States with 
Federal money that are more dangerous for bicyclists and pedestrians 
and doesn't provide incentives for those States who have lowered the 
number of bike and pedestrian incidents and are working to move 
forward.
  I have introduced this legislation with my colleague, Congressman 
Buchanan of Florida, who is the co-chair of the Bike Caucus, to make 
this funding available to virtually every State by lowering the 
eligibility threshold to 2 percent of the fatalities and double the 
funding for a nonmotorized safety program.
  Madam Chair, this is serious business. I have encountered people from 
around the country who are part of this revolution in terms of 
enhancing bike and pedestrian facilities. This Congress has been in the 
forefront of moving it forward. I think extending the eligibility of 
this program would be in keeping with this record of accomplishment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim time in opposition.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chair, I do oppose this amendment.
  In this bill, we have created a competitive grant program for 
nonmotorized users. In this program, it stood up for the first time. We 
should let NHTSA stand this program up before we judge the success and 
before we award it more funding.
  This amendment would cut funding for critical safety programs that 
keep drunk drivers off our highways, encourage seat belt use, and 
improve State safety data programs. The funds would be reallocated in a 
new program created in this bill, as I mentioned, to focus on bike and 
pedestrian safety.
  I commend the gentleman for his passion and commitment to cyclists 
and their safety, but this is a new program that has been set up. So I 
would just urge that we should let NHTSA stand the program up and then 
judge its success and whether we should allocate more money or not.
  I oppose the amendment.
  I yield back the balance of my time.
  Mr. BLUMENAUER. Madam Chair, I appreciate what the committee has done 
putting this new program in. I think it is important. I look forward to 
its success.
  Since it is a competitive grant program, allowing most States to be 
eligible doesn't take that away.
  The other areas that the gentleman is talking about have much more 
generous funding than programs that hit our youth and our senior 
citizens in term of bike and pedestrian.
  I think, by any rational reallocation, we would be putting more in. 
This is a drop in the bucket, $28 million overall. It would be money 
well spent and would allow the program to be able to evaluate which 
programs are the best, particularly some that have successfully lowered 
their accident rate a little bit below the 15 percent threshold. Maybe 
they have got something going. Maybe they have got something that we 
could use for national applications.
  I respectfully request that the amendment be approved.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. Blumenauer).
  The amendment was rejected.


              Amendment No. 23 Offered by Mrs. Kirkpatrick

  The Acting CHAIR. It is now in order to consider amendment No. 23 
printed in part B of House Report 114-325.
  Mrs. KIRKPATRICK. Madam Chair, I have an amendment at the desk made 
in order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 333, line 18, strike ``or stopped in traffic''.
       Page 333, line 22, strike ``or stopped in traffic''.
       Page 333, line 24, strike ``and''.
       Page 334, line 2, strike the period and insert ``; and''.
       Page 334, after line 2, insert the following:
       ``(D) does not provide for an exemption that specifically 
     allows a driver to text through a personal wireless 
     communication device while stopped in traffic.''.

[[Page H7598]]

       Page 334, line 9, strike ``or stopped in traffic'' and 
     insert ``if the driver is''.
       Page 334, line 15, strike ``and''
       Page 334, line 16, strike ``first''.
       Page 334, line 17, strike the period and insert ``; and''.
       Page 334, after line 17, insert the following:
       ``(D) does not provide for an exemption that specifically 
     allows a driver to text through a personal wireless 
     communication device while stopped in traffic.''.
       Page 337, beginning on line 14, strike ``, including 
     operation while temporarily stationary because of traffic, a 
     traffic light or stop sign, or otherwise''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Arizona (Mrs. Kirkpatrick) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentlewoman from Arizona.
  Mrs. KIRKPATRICK. Madam Chair, I thank Chairman Shuster, Ranking 
Member DeFazio, Subcommittee Chair Graves, and Subcommittee Ranking 
Member Holmes Norton for accepting my amendment on distracted driving.
  Madam Chair, texting is an extremely dangerous activity as it 
requires drivers to take their eyes, hands, and minds off the task of 
driving. Drivers aged 16 to 24 have the highest propensity to text 
while driving. Cell phone conversations with handheld or hands-free 
devices are dangerous as well, especially for young, novice drivers.
  A Carnegie Mellon University study of MRIs shows that the area of the 
brain responsible for processing moving visual information, a vital 
part of driving, has 37 percent less capacity when talking on the 
phone. A driver texting may miss seeing up to 50 percent of his or her 
driving environment, even when looking through the windshield. This 
includes stop signs, pedestrians, and red lights, according to the 
University of Utah Applied Cognition Laboratory.
  This simple, commonsense amendment ensures that States that have 
enacted texting and teen cell phone bans qualify for incentive grant 
funding. This amendment will also allow additional States to qualify 
for distracted driving incentive grant funding while maintaining the 
core safety requirement of the grant.
  The amendment has the support of AAA, Advocates for Highway and Auto 
Safety, Governors Highway Safety Association, MADD, the National Safety 
Council, and Safe Kids Worldwide.
  We want to ensure that States that make necessary improvements to 
their distracted driving laws qualify for incentive grant funding.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim the time in opposition, although I 
do not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Madam Chair, this amendment makes an important change to 
the distracted driver incentive grant program that will ensure more 
States can qualify for funding.
  It is a good amendment. I urge its adoption.
  I yield back the balance of my time.
  Mrs. KIRKPATRICK. Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Arizona (Mrs. Kirkpatrick).
  The amendment was agreed to.


           Amendment No. 24 Offered by Miss Rice of New York

  The Acting CHAIR. It is now in order to consider amendment No. 24 
printed in part B of House Report 114-325.
  Miss RICE of New York. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 340, strike line 9 and all that follows through page 
     347, line 25, and insert the following:
       (f) State Graduated Driver Licensing Incentive Grant.--
     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 striking subparagraph (B) and inserting the 
     following:
       ``(B) Licensing process.--A State is in compliance with the 
     2-stage licensing process described in this subparagraph if 
     the State's driver's license laws include--
       ``(i) a learner's permit stage that--

       ``(I) is at least 6 months in duration;
       ``(II) contains a prohibition on the driver using a 
     personal wireless communications device (as defined in 
     subsection (e)) while driving except under an exception 
     permitted under paragraph (4) of that subsection, and makes a 
     violation of the prohibition a primary offense;
       ``(III) requires applicants to successfully pass a vision 
     and knowledge assessment prior to receiving a learner's 
     permit;
       ``(IV) requires that the driver be accompanied and 
     supervised at all times while the driver is operating a motor 
     vehicle by a licensed driver who is at least 21 years of age 
     or is a State-certified driving instructor;
       ``(V) has a requirement that the driver--

       ``(aa) complete a State-certified driver education or 
     training course; or
       ``(bb) obtain at least 50 hours of behind-the-wheel 
     training, with at least 10 hours at night, with a licensed 
     driver; and

       ``(VI) remains in effect until the driver--

       ``(aa) reaches 16 years of age and enters the intermediate 
     stage; or
       ``(bb) reaches 18 years of age;
       ``(ii) an intermediate stage that--

       ``(I) commences immediately after the expiration of the 
     learner's permit stage and successful completion of a driving 
     skills assessment;
       ``(II) is at least 6 months in duration;
       ``(III) prohibits the driver from using a personal wireless 
     communications device (as defined in subsection (e)) while 
     driving except under an exception permitted under paragraph 
     (4) of that subsection, and makes a violation of the 
     prohibition a primary offense;
       ``(IV) for the first 6 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.''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from New York (Miss Rice) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New York.
  Miss RICE of New York. Madam Chairwoman, over the course of my 
career, one issue that has taken on tremendous importance to me is 
reducing the number of traffic fatalities that occur on our roads and 
highways.
  One of the ways we can keep making progress in this area is by 
focusing on young drivers. As any parent with a teenaged child can tell 
you, young people do not have the knowledge, experience, and maturity 
to drive safely 100 percent of the time, and that can have deadly 
consequences for themselves and for others.
  In 2013, more than 4,000 people were killed in crashes involving teen 
drivers. For drivers aged 16 to 19, the fatal crash risk is three times 
higher than for drivers over age 20.
  My amendment will help reduce those risks by encouraging all 50 
States to adopt core graduated driver's license requirements that we 
know will help keep teens safe as they learn to drive.
  This amendment encourages States to enact meaningful requirements to 
help keep everyone safe on our roads. The amendment would require young 
drivers to go through two stages of licensing, a learner's permit 
followed by an intermediate stage.
  Drivers must have a learner's permit for at least 6 months. They have 
to pass vision and knowledge tests. They have to be supervised when 
they drive. They have to gain 50 hours of experience behind the wheel, 
with 10 of those hours at night.
  They must be strictly prohibited from using a cell phone or other 
device while driving, as all drivers should be, regardless of age, 
because even the most experienced driver in the world becomes dangerous 
when they are texting or taking selfies behind the wheel of a car.
  A learner who passes a driving test advances to the intermediate 
stage,

[[Page H7599]]

which lasts at least another 6 months. The cell phone ban remains in 
place, and violating that restriction must be a primary offense.
  Intermediate drivers cannot drive after 10 p.m., with reasonable 
exceptions. Eighty percent of crashes involving 16- and 17-year-old 
drivers happen between 9 o'clock at night and midnight, and this 
restriction reduces crashes by up to 60 percent during the overnight 
hours.
  Intermediate drivers cannot have any drunk driving violations, fake 
ID violations, reckless driving, failure to wear a seat belt, speeding, 
or other violations.
  These are some of the very basic requirements that we know are 
necessary to help keep young people safe as they learn how to drive. 
This should be the law in every American State.
  My amendment helps move us toward that goal by providing grant 
funding to States that adopt and implement these requirements in full.
  I want to note that this amendment is supported by the National 
Safety Council, as well as AAA, Advocates for Highway and Auto Safety, 
the Governors Highway Safety Association, Mothers Against Drunk 
Driving, and Safe Kids Worldwide.
  The language in this amendment is the same as the language in the 
DRIVE Act, which passed in the Senate with overwhelming bipartisan 
support.
  I believe it deserves the same bipartisan support in the House. I 
urge my colleagues to vote for this amendment.
  I reserve the balance of my time.

                              {time}  1715

  Mr. SHUSTER. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chair, this amendment would actually gut the 
reforms in this bill that ensures more States with graduated driver's 
license programs can qualify for these important safety grant funding 
programs.
  MAP-21 established an incentive grant program to improve teen driver 
safety by encouraging States to adopt graduated driver's license 
programs. Unfortunately, the Federal requirements for the program were 
too prescriptive, which happens so many times we put out something. As 
a result, over 40 States have graduated driver's license programs in 
place today. None of them qualified for grant funds in 2014.
  The STRR Act reforms the Federal requirements and ensures more States 
will qualify for funding.
  This amendment does little to reform the Federal requirements. Few, 
if any, States will qualify for funds if this amendment passes.
  I urge all my colleagues to oppose this amendment.
  Madam Chair, I reserve the balance of my time.
  Miss RICE of New York. Madam Chairwoman, I ask the Chairman if he 
would be willing to work with us in conference on this.
  I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Madam Chair, I would be glad to continue to work with 
the gentlewoman on this. The issue is important. Again, I think we have 
reforms in here. We would love to work with the gentlewoman and move 
this forward to make sure that these reforms get into place when we 
have a final bill on the floor.
  Miss RICE of New York. Madam Chair, I ask unanimous consent to 
withdraw this amendment.
  The Acting CHAIR. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  The Acting CHAIR. The amendment is withdrawn.
  The Chair understands that amendment No. 25 will not be offered.


          Amendment No. 26 Offered by Mr. Duncan of Tennessee

  The Acting CHAIR. It is now in order to consider amendment No. 26 
printed in part B of House Report 114-325.
  Mr. DUNCAN of Tennessee. Madam Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of title V, add the following:

     SEC. ___. SAFETY STUDY REGARDING DOUBLE-DECKER MOTORCOACHES.

       (a) Study.--The Secretary of Transportation, in 
     consultation with State transportation safety officials, 
     shall conduct a study regarding the safety operations, fire 
     suppression capability, tire loads, and pavement impacts of 
     operating a double-decker motorcoach equipped with a device 
     designed by the motorcoach manufacturer to attach to the rear 
     of the motorcoach for use in transporting passenger baggage.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall submit a report 
     containing the results of the study to--
       (1) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (2) the Committee on Commerce, Science, and Transportation 
     of the Senate.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Tennessee (Mr. Duncan) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. DUNCAN of Tennessee. Madam Chairman, my amendment requires the 
Department of Transportation to conduct a study on the operations of a 
double-decker motorcoach equipped with a luggage carrier on the rear of 
the vehicle. The Department of Transportation will be required to 
report its findings back to the Congress 60 days after the enactment of 
the bill.
  Federal law does not limit the length of buses but provides that 
States cannot limit buses to less than 45 feet. A majority, but not 
all, States adopted laws providing for a 45-foot maximum limit for 
buses years ago when all intercity buses were no longer than that 
length. However, the 45-foot limits in these States effectively 
precludes the attachment of a luggage carrier, known commonly as a 
luggage box, to the back of modern double-decker intercity motorcoaches 
of the sort now used by several intercity bus companies because the 
luggage boxes extend the bus by about 2 feet and several inches over 
the 45-foot limit.
  Luggage boxes have been in use, Madam Chairwoman, for many years in 
Europe, where they are used by over 600 bus operators. They are also 
currently in use in Florida and Georgia, neither of which State has a 
45-foot bus length limit. Even with the luggage box, these buses are 
much shorter than most truck-trailer combinations.
  Further, an intensive study undertaken by two respected ex-NHTSA 
engineers last year has confirmed that the luggage box poses no hazard 
to the bus, its passengers, or highway safety. In fact, no Federal or 
State vehicle safety agency has raised any objection to the use of the 
luggage box.
  While there is no evidence that the use of these luggage boxes is 
unsafe, I do think we would benefit from an independent study by the 
Department of Transportation so everyone will be completely assured 
that there is no safety risk involved in these luggage boxes at all.
  I hope my colleagues will support this very minor amendment to have 
the Department of Transportation conduct this study.
  Madam Chair, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Chairman, I claim the time in opposition to the 
amendment, although I am not opposed to it.
  The Acting CHAIR. Without objection, the gentleman from Oregon is 
recognized for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Madam Chair, I congratulate the gentleman on his 
amendment. I think that this will help provide us with more factual 
knowledge in terms of looking at any future changes as might relate to 
these sorts of buses and also will provide useful information to 
consumers. I think it is very well thought out, and I congratulate the 
gentleman. I urge support of the amendment.
  Madam Chair, I yield back the balance of my time.
  Mr. DUNCAN of Tennessee. Madam Chair, I certainly appreciate that 
support from the ranking member, Mr. DeFazio. I urge passage of this 
amendment.
  Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Tennessee (Mr. Duncan).
  The amendment was agreed to.


               Amendment No. 27 Offered by Mrs. Comstock

  The Acting CHAIR. It is now in order to consider amendment No. 27 
printed in part B of House Report 114-325.

[[Page H7600]]

  

  Mrs. COMSTOCK. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 494, lines 13 through 18, amend paragraph (2) to read 
     as follows:
       ``(2) Restriction.--
       ``(A) Limitation.--A lead institution of a consortium of 
     nonprofit institutions of higher education, as applicable, 
     may only submit 1 grant application per fiscal year for each 
     of the transportation centers described under paragraphs (2), 
     (3), and (4) of subsection (c).
       ``(B) Exception for consortium members that are not lead 
     institutions.--Subparagraph (A) shall not apply to a 
     nonprofit institution of higher education that is a member of 
     a consortium of nonprofit institutions of higher education 
     but not the lead institution of such consortium.
       Page 502, line 10, insert ``, congestion, connected 
     vehicles, connected infrastructure, and autonomous vehicles'' 
     after ``transportation safety''.
       Page 525, after line 16, insert the following:

     SEC. 6027. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR 
                   STRATEGIC PLAN.

       (a) In General.--The Secretary shall develop a 5-year 
     transportation research and development strategic plan for 
     fiscal years 2018 through 2022 to guide future Federal 
     transportation research and development activities.
       (b) Consistency.--The strategic plan developed under 
     subsection (a) shall be consistent with--
       (1) section 306 of title 5, United States Code;
       (2) sections 1115 and 1116 of title 31, United States Code;
       (3) section 508 of title 23, United States Code; and
       (4) any other research and development plan within the 
     Department.
       (c) Contents.--The strategic plan developed under 
     subsection (a) shall--
       (1) describe the primary purposes of the transportation 
     research and development program;
       (2) list the proposed research and development activities 
     that the Department intends to pursue to accomplish under the 
     strategic plan, which may include--
       (A) fundamental research pertaining to the applied physical 
     and natural sciences;
       (B) applied science and research;
       (C) technology development research; and
       (D) social science research; and
       (3) for each research and development activity--
       (A) identify the anticipated annual funding levels for the 
     period covered by the strategic plan; and
       (B) describe the research findings the Department expects 
     to discover at the end of the period covered by the strategic 
     plan.
       (d) Considerations.--The Secretary shall ensure that the 
     strategic plan developed under this section--
       (1) reflects input from external stakeholders;
       (2) includes and integrates the research and development 
     programs of all of the Department's modal administrations and 
     joint programs;
       (3) takes into account research and development by other 
     Federal, State, local, private sector, and nonprofit 
     institutions; and
       (4) is published on a public website by December 31, 2016.
       (e) Report.--
       (1) National research council review.--The Secretary shall 
     enter into an agreement with the National Research Council 
     for a review and analysis of the Department's 5-year research 
     and development strategic plan described in this section. By 
     March 31, 2017, the Secretary shall publish on a public 
     website the National Research Council's analysis of the 
     Department's plan.
       (2) Interim report.--By June 30, 2019, the Secretary shall 
     publish on a public website an interim report that--
       (A) provides an assessment of the Department's 5-year 
     research and development strategic plan described in this 
     section that includes a description of the extent to which 
     the research and development is or is not successfully 
     meeting the purposes described under subsection (c)(1); and
       (B) addresses any concerns and identifies any gaps that may 
     have been raised by the National Research Council analysis 
     under paragraph (1), including how the plan is or is not 
     responsive to the National Research Council review.

     SEC. 6028. TRAFFIC CONGESTION.

       (a) Congestion Research.--The Assistant Secretary may 
     conduct research on the reduction of traffic congestion.
       (b) Consideration.--The Assistant Secretary shall--
       (1) recommend research to accelerate the adoption of 
     transportation management systems that allow traffic to flow 
     in the safest and most efficient manner possible while 
     alleviating current and future traffic congestion challenges;
       (2) assess and analyze traffic, transit, and freight data 
     from various sources relevant to efforts to reduce traffic 
     congestion so as to maximize mobility, efficiency, and 
     capacity while decreasing congestion and travel times;
       (3) examine the use and integration of multiple data types 
     from multiple sources and technologies, including road 
     weather data, private vehicle (including Global Positioning 
     System) data, arterial and highway traffic conditions, 
     transit vehicle arrival and departure times, real time 
     navigation routing, construction zone information, and 
     reports of incidents, to suggest improvements in effective 
     communication of such data and information in real time;
       (4) develop and disseminate suggested strategies and 
     solutions to reduce congestion for high-density traffic 
     regions and to provide mobility in the event of an emergency 
     or natural disaster; and
       (5) collaborate with other relevant Federal agencies, State 
     and local agencies, industry and industry associations, and 
     university research centers to fulfill goals and objectives 
     under this section.
       (c) Identifying Information.--The Assistant Secretary shall 
     ensure that information used pursuant to this section does 
     not contain identifying information of any individual.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Assistant Secretary shall make 
     available on a public website a report on its activities 
     under this section.

     SEC. 6029. RAIL SAFETY.

       Not later than 1 year after the date of enactment of this 
     Act, the Assistant Secretary of Transportation for Research 
     and Technology may transmit to Congress a report containing--
       (1) the results of a study to examine the state of rail 
     safety technologies and an analysis of whether the passenger, 
     commuter, and transit rail transportation industries are 
     keeping up with innovations in technologies to make rail cars 
     safer for passengers and transport of commerce; and
       (2) a determination of how much additional time and public 
     and private resources will be required for railroad carriers 
     to meet the positive train control system implementation 
     requirements under section 20157 of title 49, United States 
     Code.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Virginia (Mrs. Comstock) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Virginia.
  Mrs. COMSTOCK. Madam Chair, I rise today in support of my amendment, 
which incorporates important provisions from a bill of mine, H.R. 3585, 
the Surface Transportation Research and Development Act of 2015.
  I appreciate that I serve on two committees that are very important 
to my district: the Committee on Transportation and Infrastructure and 
the Committee on Science, Space, and Technology. I am also honored to 
chair the Subcommittee on Research and Technology, which came together 
to pass this measure.
  This amendment, which consists of parts of this bill, is common sense 
and bipartisan. It provides for more and better solutions to ease 
traffic congestion and provide key research for transportation.
  The first part of the amendment further clarifies language in the 
underlying bill regarding universities' abilities to submit grant 
applications for the University Transportation Centers program as 
either the lead or partnering applicant. This provides more 
universities the opportunity to seek these funds.
  The second part directs the Secretary of Transportation to develop a 
5-year Strategic Plan for Transportation Research and Development.
  The third part of the amendment covers an issue that will be 
appreciated by Members representing urban and suburban areas of the 
country, and that is traffic congestion. It provides authority for the 
Transportation Assistant Secretary for Research and Technology to 
conduct research to reduce traffic congestion.
  That research would ask the Assistant Secretary to:
  First, help accelerate the adoption of transportation management 
systems that allow traffic better to flow in safe and more efficient 
ways;
  Second, to assess traffic, transit, and freight data from various 
sources;
  Third, develop and disseminate strategies to reduce congestion for 
high-density traffic regions; and
  Fourth, to collaborate with other Federal, State, and local 
governments as well as industry and universities.
  The fourth and final part of this amendment authorizes the Assistant 
Secretary to transmit a report to Congress on rail safety issues.
  I urge my colleagues to support this bipartisan amendment.
  Madam Chair, I yield 2\1/2\ minutes to the gentleman from Texas (Mr. 
Smith), the chairman of the House Science, Space, and Technology 
Committee.
  Mr. SMITH of Texas. Madam Chair, I support the amendment sponsored by

[[Page H7601]]

Representative Barbara Comstock, chair of the Subcommittee on Research 
and Technology of the Committee on Science, Space, and Technology, and 
the subcommittee's ranking minority member, Dan Lipinski.
  The Committee on Science, Space, and Technology has jurisdiction over 
research, development, and technology programs at the Department of 
Transportation. In anticipation of a House surface transportation 
authorization bill, the committee exercised its jurisdiction with a 
transportation research and development hearing in June. In September 
the Subcommittee on Research and Technology marked up H.R. 3585, the 
Surface Transportation Research and Development Act of 2015.
  It is essential that we find a way to maintain a healthy, substantive 
research base for America's transportation initiatives. We have to 
ensure that Congress gets its priorities right and that taxpayers 
receive maximum value for their hard-earned tax dollars. H.R. 3585 does 
just that. This makes the Committee on Science, Space, and Technology's 
jurisdiction over R&D programs at the Department of Transportation 
particularly relevant.
  Since the introduction and subsequent markup of the underlying bill, 
members and staff of the Committee on Science, Space, and Technology 
have worked closely with our counterparts on the House Committee on 
Transportation and Infrastructure to ensure inclusion of some of the 
Committee on Science, Space, and Technology's priorities into the 
highway bill.
  I want to thank Chairman Shuster for working with Congresswoman 
Comstock and me in this venture.
  I look forward to further discussions after the House passes this 
bill, as we continue to work cooperatively on policy deliberations and 
resolution of individual R&D provisions during the House-Senate 
conference.
  Again, I thank Chairman Shuster for his support of this amendment, 
and I thank the gentlewoman from Virginia for introducing the 
underlying bill that has been put into this underlying bill as well.
  Mr. DeFAZIO. Madam Chair, I claim the time in opposition, although I 
am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Oregon is 
recognized for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Madam Chair, I yield myself such time as I consume. I 
actually rise in support of the amendment, and I particularly want to 
congratulate my colleague, Dan Lipinski, who serves on both the 
Committee on Science, Space, and Technology and the Committee on 
Transportation and Infrastructure, for his work on this amendment.
  I yield such time as he may consume to the gentleman from Illinois 
(Mr. Lipinski).
  Mr. LIPINSKI. Madam Chair, I thank the ranking member for his support 
of this amendment. I thank Chairwoman Comstock and Chairman Smith for 
working with me and working together on this amendment.
  The piece of the amendment that I want to address is the language 
based on a small piece of the Future TRIP Act, which I introduced, 
cosponsored by Chairwoman Comstock, and that we passed in the 
Subcommittee on Research and Technology of the Committee on Science, 
Space, and Technology. The gentlewoman is chair of that committee. I am 
ranking member on that subcommittee.
  The language in this amendment from my bill calls for a regional 
transportation center on connected vehicles and connected 
infrastructure. Connected and autonomous vehicles hold enormous promise 
for safe, efficient transportation. This research center could play a 
big part in developing new technologies in this area, so I am very 
pleased to have it included in this amendment.
  The amendment also contains language from my bill in regard to 
University Transportation Centers. It allows universities to lead one 
proposal for each type of center. It also permits universities to 
collaborate on as many awards as they like, as long as they are not 
leading the proposal. This gives increased flexibility to those 
universities that have special expertise in this area.
  I want to thank Chairman Shuster and Ranking Member DeFazio for their 
support in working with us.
  I urge my colleagues to support this.
  Mrs. COMSTOCK. Madam Chairman, I thank Chairman Smith, and I thank 
Ranking Member Lipinski for their support. I also thank Chairman 
Shuster and our ranking member for working with us on this amendment. I 
urge passage of this amendment that will help bring our transportation 
system into the 21st century.
  I yield back the balance of my time.
  Mr. DeFAZIO. Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Virginia (Mrs. Comstock).
  The amendment was agreed to.

                              {time}  1730


                Amendment No. 28 Offered by Mr. Barletta

  The Acting CHAIR. It is now in order to consider amendment No. 28 
printed in part B of House Report 114-325.
  Mr. BARLETTA. Madam Chairwoman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of title VII, add the following:

     SEC. __. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION FOR 
                   CLASS DOT-117R TANK CARS.

       (a) Protective Housing.--Except as provided in subsections 
     (b) and (c), top fittings on DOT specification 117R tank cars 
     shall be located inside a protective housing not less than 
     \1/2\-inch in thickness and constructed of a material having 
     a tensile strength not less than 65 kilopound per square inch 
     and conform to the following specifications:
       (1) The protective housing shall be as tall as the tallest 
     valve or fitting involved and the height of a valve or 
     fitting within the protective housing must be kept to the 
     minimum compatible with their proper operation.
       (2) The protective housing or cover may not reduce the flow 
     capacity of the pressure relief device below the minimum 
     required.
       (3) The protective housing shall provide a means of 
     drainage with a minimum flow area equivalent to six 1-inch 
     diameter holes.
       (4) When connected to the nozzle or fittings cover plate 
     and subject to a horizontal force applied perpendicular to 
     and uniformly over the projected plane of the protective 
     housing, the tensile connection strength of the protective 
     housing shall be designed to be--
       (A) no greater than 70 percent of the nozzle to tank 
     tensile connection strength;
       (B) no greater than 70 percent of the cover plate to nozzle 
     connection strength; and
       (C) no less than either 40 percent of the nozzle to tank 
     tensile connection strength or the shear strength of twenty 
     \1/2\-inch bolts.
       (b) Pressure Relief Devices.--
       (1) The pressure relief device shall be located inside the 
     protective housing, unless space does not permit. If multiple 
     pressure relief devices are equipped, no more than 1 may be 
     located outside of a protective housing.
       (2) The highest point on any pressure relief device located 
     outside of a protective housing may not be more than 12 
     inches above the tank jacket.
       (3) The highest point on the closure of any unused pressure 
     relief device nozzle may not be more than 6 inches above the 
     tank jacket.
       (c) Alternative Protection.--As an alternative to the 
     protective housing requirements in subsection (a) of this 
     section, the tank car may be equipped with a system that 
     prevents the release of product from any top fitting in the 
     case of an incident where any top fitting would be sheared 
     off.
       (d) Implementation.--Nothing in this section shall be 
     construed to require the Secretary to issue regulations to 
     implement this section.
       (e) Savings Clause.--Nothing in this section shall prohibit 
     the Secretary from approving new technologies, methods or 
     requirements that provide a level of safety equivalent to or 
     greater than the level of safety provided for in this 
     section.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Pennsylvania (Mr. Barletta) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. BARLETTA. Madam Chairwoman, I am offering an amendment to make 
the transportation of crude oil by railroads safer.
  My amendment would require all tank cars moving flammable liquids to 
be retrofitted with new safety equipment. This is in addition to the 
strong safety measures included in the Federal Rail Administration's 
recent tank car rule.
  The safety measures would place top-fitting protections on the tank 
car. These top fittings protect the pressure relief valve, which 
protects the integrity of a tank car.
  The valve can slowly release the gases in the unlikely event that the

[[Page H7602]]

tank car is exposed to pressure buildup in a fire as a result of a 
derailment. This decreases the likelihood of a major incident and 
provides first responders additional time.
  The newer tank cars have this type of protection, but the majority of 
DOT 111 legacy tank cars do not have this enhanced protection. That is 
about 50 percent of the expected retrofit tank car fleet, making this 
reform very important. A similar requirement was considered and 
rejected during the tank car rulemaking process due to cost-benefit 
concerns.
  This proposal is a less costly option that is supported by the 
Association of American Railroads, the American Chemistry Council, the 
Railway Supply Institute, the American Petroleum Institute, and the 
Renewable Fuels Association.
  I am proud to offer this amendment to improve the safety of moving 
crude oil by rail. This is an issue that is very important to 
Pennsylvania.
  I thank Chairman Shuster and Ranking Member DeFazio for working with 
me on this amendment. I also thank Mr. Lipinski for cosponsoring the 
amendment.
  I reserve the balance of my time.
  Mr. DeFAZIO. Madam Chair, I rise to claim the time in opposition, 
although I am not in opposition.
  The Acting CHAIR. Without objection, the gentleman from Oregon is 
recognized for 5 minutes.
  There was no objection.
  Mr. DeFAZIO. Madam Chair, I yield myself such time as I may consume.
  I thank the two gentlemen involved for noting this deficiency in the 
rule. It is inexplicable to me that, although they certainly noted the 
need in the new design to have a protective housing around the pressure 
relief valve so they wouldn't shear off in a rollover accident, they 
did not extend that to retrofitted cars. This amendment ensures that 
they will meet those stronger standards. I think this amendment has 
tremendous merit.
  I yield such time as he may consume to the gentleman from Illinois 
(Mr. Lipinski), the Democratic sponsor of the amendment.
  Mr. LIPINSKI. I thank the ranking member for yielding, and I thank 
the gentleman from Pennsylvania (Mr. Barletta) for all his work on this 
amendment. I rise in support of this amendment and ask my colleagues to 
support it.
  Madam Chair, this amendment is common sense and will strengthen the 
Department of Transportation's tank car rule by providing all legacy 
tank cars retrofitted for class III flammable liquid service to include 
enhanced top fittings protections for pressure relief valves.
  The pressure relief valve on a new tank car standard allows tank cars 
to vent gases to reduce the chance of a tank car rupturing from vapor 
pressure, which can happen if it is heated after a derailment or an 
accident. However, this pressure relief valve is susceptible to damage 
in the event of an accident, as it can easily be torn off, thus 
eliminating any safety benefit.
  To mitigate this issue, this amendment would require the installation 
of a small, protective device that will help keep this valve in place 
after an accident and save lives in the process.
  This amendment is supported by the American Petroleum Institute, 
Association of American Railroads, the American Chemistry Council, and 
Renewable Fuels Association, and is something that has been called for 
by first responders who have a lot of these trains going through these 
districts.
  I know it is very important to me in my district in the Chicagoland 
area. We are the rail hub of the Nation, with nearly 40 percent of 
America's rail traffic flowing through, and my district is host to 
track owned by six out of the seven class I railroads.
  More crude oil passes through Chicago than anywhere else in the 
Nation, with upwards of 40-mile-long unit trains snaking through 
neighborhoods in the region each week, making them a common sight at 
the 195 at-grade crossings in my district, a few of which are as close 
to within a mile of my own home.
  While the energy renaissance has brought relief to many in the form 
of lower gas prices, it requires the use of rail to ensure that this 
commodity is transported in the safest possible manner. This amendment 
makes it even safer.
  I ask my colleagues to support this amendment.
  Mr. BARLETTA. Madam Chairwoman, I urge a ``yes'' vote.
  Mr. DeFAZIO. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Barletta).
  The amendment was agreed to.


                 Amendment No. 29 Offered by Mr. Lynch

  The Acting CHAIR. It is now in order to consider amendment No. 29 
printed in part B of House Report 114-325.
  Mr. LYNCH. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 573, after line 11, insert the following:

     SEC. 7016. SAFETY OF PIPELINE TRANSPORTATION INFRASTRUCTURE 
                   PROJECTS.

       The Secretary shall, at the request of a State or tribal 
     government, conduct a review of the safety and safety-related 
     aspects of a pipeline transportation infrastructure project.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Massachusetts (Mr. Lynch) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. LYNCH. Madam Chair, first of all, I want to come to the floor and 
say thank you to Chairman Shuster and Ranking Member DeFazio for their 
great work in bringing a long-term transportation bill to the floor.
  They need to really be congratulated on the work that they have done 
in negotiating the finer points of this bill, which I think is nearly 
perfect, with one small flaw, which I will attempt to cure with my 
amendment.
  Madam Chair, in my district and in many districts across the United 
States, we are dealing with a situation where high-pressure natural gas 
lines are being extended and expanded in some urban areas and some 
rural areas.
  I have three areas in my district that are impacted severely in some 
respects: the town of Dedham, the town of Weymouth, and the 
neighborhood of West Roxbury. I think the neighborhood of West Roxbury 
offers the most clear example of what my concern is.
  In the neighborhood of West Roxbury, we have an active gravel quarry. 
It is located a matter of yards away from a residential area. You could 
throw a baseball from the blasting zone of the quarry to the 
residential homes next door. You have got kids there. You have got 
schools there. It is a densely settled population there and is a 
beautiful neighborhood.
  FERC, in its wisdom, has authorized the placement of a high-pressure 
gas line that runs through the active blast zone adjacent to the 
residential area where my constituents live and are raising their 
families, where their kids go to bed at night. We cannot get entrance 
into the process because FERC controls the whole process. They make 
their decision, and then, in your appeal, they get to review their own 
decision.
  So what this amendment would do in those situations--like the West 
Roxbury situation where you have a pipeline company putting in a high-
pressure gas line through an active blast zone next to a residential 
area--is to have an appeal process where the public safety officers of 
the State could ask for a review on public safety grounds of that 
decision of where to place that pipeline.
  In all fairness to the community, they are just asking them to 
relocate the pipeline out of the blast zone. It would seem to make 
sense that that would be a reasonable request. But I think, obviously, 
the pipeline company is interested in reducing costs and delivering 
their product.
  I am trying to intervene, as any Member of Congress would, just to 
get them to take a good, hard second look at this, a fresh set of eyes 
on the request that the pipeline company has made and FERC has 
authorized.
  So that is the purpose of my amendment here. I am just trying to get 
a fair hearing on this decision, which I think is a horrendous decision 
and may result in the loss of life here, if they are not careful. We 
don't have much of a buffer zone between the pipeline, the quarry, and 
the homes where the people live.

[[Page H7603]]

  That is the purpose of my amendment. I am urging my colleagues here 
to consider themselves being in my position, trying to defend your 
constituents from a palpable danger, hoping that this body would 
recognize the wisdom in having a real appeal process.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim the time in opposition.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chair, I certainly understand where the gentleman 
from Massachusetts is coming from. I don't know all the details, but it 
sounds troubling.
  His amendment, as it is written, would go far beyond the mandate by 
inserting PHMSA into the approval process to construct a pipeline at 
the request of a State or tribe. This could significantly slow down 
construction to complete some of these pipelines around the country or 
even to start them.
  Pipelines are extremely safe. Again, I understand and empathize with 
the gentleman and the situation he is talking about, but pipelines 
carry 99.997 percent of all hazardous material safely to their 
destination. Again, we need to make sure PHMSA's scarce resources are 
focused on its mission to ensure pipelines are operated and maintained 
safely.
  This is a time where the country desperately needs to get more 
pipeline. The gentleman's amendment is just too broadly written, and 
the unintended consequences would go far beyond what he is talking 
about.
  So I would have to vote in opposition to his amendment, but I 
certainly would like to help the gentleman, if I can, if it is a 
situation where we can be of any help to him. But this amendment is too 
broadly written. So I would oppose it.
  I reserve the balance of my time.
  Mr. LYNCH. Madam Chair, can I ask how much time I have remaining?
  The Acting CHAIR. The gentleman from Massachusetts has 1 minute 
remaining.
  Mr. LYNCH. Madam Chair, we do have a pipeline safety bill that is 
coming up later in the session. So I would appreciate the opportunity 
to work with the chairman to try to address that.
  But I do want to remind him that these are very, very unique 
situations. You don't have many cases where you have a high-pressure 
gas line being put through a blast zone adjacent to residential homes.
  So this is a special danger, and it would require that special danger 
to exist before the State could take action. We are only asking for 
extra review.
  I would remind the Members that there was a tragic incident in 2010 
in San Bruno, California, where 8 people were killed and 38 homes were 
destroyed during a Pacific Gas and Electric natural gas line pipe 
explosion. That is what I am trying to prevent.
  This is a rare situation. I realize you have got to build pipelines, 
but I think you ought to be able to do it without, as I have said 
before multiple times, putting a pipeline through a blast zone adjacent 
to residential homes. I think you can find another route that wouldn't 
go through that blast zone. It is the one quarry I have got in my 
district, and they chose to go right through it.
  I know the gentleman from Pennsylvania. I know the hard work he has 
put into this bill. I am just looking for some relief for people that I 
care about. I am very fearful of the consequences if this is allowed to 
continue.
  I yield back the balance of my time.
  Mr. SHUSTER. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Lynch).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. LYNCH. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts will be postponed.


                 Amendment No. 30 Offered by Mr. Lewis

  The Acting CHAIR. It is now in order to consider amendment No. 30 
printed in part B of House Report 114-325.
  Mr. LEWIS. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 36, after line 23, insert the following (and 
     redesignate accordingly):
       ``(12) Planning, design, or construction of a Type II noise 
     barrier (as described in section 772.5 of title 23, Code of 
     Federal Regulations).''.
       Page 38, line 7, strike ``(11)'' and insert ``(12)''.
       Page 47, after line 10, insert the following:
       (8) National highway system designation act.--Section 339 
     of the National Highway System Designation Act of 1995 (23 
     U.S.C. 106 note) is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) through (j) as 
     subsections (b) through (i), respectively.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Georgia (Mr. Lewis) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.

                              {time}  1745

  Mr. LEWIS. Madam Chair, I appreciate the chairman and the ranking 
member's hard work on this bill.
  I rise to offer an amendment that is very important to the people of 
metro Atlanta. My amendment would allow Federal funds from the Surface 
Transportation Block Grant Program to be used to construct type II 
noise barriers. These are barriers built to cut down noise along 
existing highways.
  Current Federal law ties the hands of State transportation agencies. 
It limits their ability to address key quality-of-life concerns in the 
planning process.
  Madam Chair, my office has been working with the Georgia Department 
of Transportation for years to address these concerns. Many communities 
in metro Atlanta are tired of the noise and just want some peace and 
quiet. We are ready to move forward, but we need Congress to untie our 
hands.
  My amendment does not cost one cent, not one dime. If anything, it 
improves the effectiveness of the money we already send to the States.
  It does not require that States build these barriers; instead, it 
allows them the flexibility they need to minimize Federal funds, to 
raise property values, and to improve the quality of life in frustrated 
communities across America. Madam Chair, we have the opportunity to do 
something that would make our citizens' lives better.
  Living next to a loud highway can be a headache. When you have a good 
and quiet neighborhood, when you can get some sleep, you can be happy. 
I urge the adoption of my amendment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chair, I rise in opposition to this amendment.
  The prohibition on installing noise barriers on existing roads is put 
in place for a reason. Residents and businesses that have coexisted 
with highways for years, or even decades, should not be entitled to 
noise barriers. People built their houses, built their businesses.
  I understand there is increased traffic, certainly here in the 
Washington, D.C., area; but these noise barriers should be reserved for 
new highways or a significant highway expansion as a result of changing 
conditions in the neighborhoods.
  Again, if a homebuilder is willing to build his house next to a 
highway or an airport, they know what the consequences are; and to have 
to put this burden on the taxpayers just is something that I don't 
believe is fair. Given that we have limited resources, funding should 
be reserved for highway and bridge construction, and not used for noise 
barriers on existing roads.
  Again, if people have been there, then it is up to the local folks, 
it is up to the developer if they are building a development along that 
road to pay that bill, and again, not the taxpayer. So I oppose this 
amendment.
  Mr. DeFAZIO. Will the gentleman yield?
  Mr. SHUSTER. I yield to the gentleman from Oregon.
  Mr. DeFAZIO. Madam Chair, I would suggest that I would like to 
continue

[[Page H7604]]

the discussion. I think there are different conditions.
  Certainly if a developer buys a large tract of land next to an 
existing interstate and then expects the taxpayers to pay for sound 
protection, that is not right. But I think there are cases where you 
have found that a lot of interstates were built in areas where there 
wasn't a lot of traffic. The houses have been there for quite some 
time, and now the traffic has grown phenomenally, particularly truck 
traffic and things that create more noise. I think there may be a way 
to do it in certain circumstances where it is merited, where it isn't 
due to new development but due to growth and traffic and noise and 
that.
  I don't know if the chairman has considered that.
  Mr. SHUSTER. I think the gentleman from Oregon has a reasonable 
argument. I think those things do occur, and that would be something I 
would continue to work with him and work in the future on as we move 
forward on this.
  As the amendment stands right now, I would have to oppose it. But I 
am fully willing to accept what the gentleman from Oregon says and work 
with him, and I have great respect for the gentleman from Georgia.
  I reserve the balance of my time.
  Mr. LEWIS. Madam Chair, with the discussion and the words of the 
chairman and the ranking member, I ask unanimous consent to withdraw 
the amendment.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Georgia?
  There was no objection.
  The Acting CHAIR. The amendment is withdrawn.


                 Amendment No. 31 Offered by Mr. Takano

  The Acting CHAIR. It is now in order to consider amendment No. 31 
printed in part B of House Report 114-325.
  Mr. TAKANO. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 68, after line 21, insert the following:
       ``(3) Special rule.--The Secretary may treat a program of 
     eligible projects as a single project for purposes of meeting 
     the requirement of paragraph (1)(B)(i).

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from California (Mr. Takano) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. TAKANO. Madam Chair, the Nationally Significant Freight and 
Highway Projects program in this bill will address critical 
infrastructure needs that will improve America's economic 
competitiveness, but will also bring tremendous benefit to our 
communities, especially districts like mine, which is the epicenter of 
the international supply chain flowing through the Ports of L.A. and 
Long Beach.
  Freight corridors that run through districts such as mine, and those 
in Chicago, Houston, Florida, Charleston, New York, New Jersey, and 
Seattle, bring jobs and spur economic growth. However, they also create 
congestion, pollution, and safety concerns.
  One of the primary strategies to alleviate these issues--congestion, 
air pollution, and accidents--is to build rail grade separations that 
allow trains and cars to flow freely. In fact, grade separations are 
explicitly mentioned in the bill as eligible to receive funding from 
the Nationally Significant Freight and Highway Projects program. 
However, the $100 million threshold far exceeds the cost of most grade 
separation projects.
  To better achieve the intent of this bill, my amendment simply 
clarifies that a program of eligible projects, such as a corridor of 
grade separations, be eligible to receive funding from this program.
  There is ample legislative precedent for ``programs of projects'' to 
be eligible for funding, most notably, in the TIFIA loan program, the 
National Highway Performance Program, and Highway Safety and 
Improvement Program.
  This amendment recognizes that addressing nationally significant 
transportation challenges are not always best addressed through one 
major project but, instead, a comprehensive package of related projects 
that achieve a meaningful national objective.
  An example of this type of project is the Alameda Corridor-East, 
which was first recognized 10 years ago by this House in SAFETEA-LU. 
The Alameda Corridor-East was designated as a Project of National and 
Regional Significance, spanning four counties in the Nation's largest 
urban area, stretching over 100 miles of rail.
  In my county alone, Riverside County, this Federal funding, in 
partnership with local self-help tax dollars, has made possible nearly 
a half billion dollars in freight projects that are cleaning our air, 
making our constituents safer, and making the national economy more 
efficient. However, of these 16 projects on the same corridor, the 
highest cost project was $67 million. Yet, together, they have had a 
tremendous impact on the transportation system.
  My amendment ensures that this momentum can continue, not just in my 
district, but in all communities that are impacted by our national 
freight system. This is an easy technical fix, and I urge my colleagues 
to support this amendment.
  Madam Chair, I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. The Nationally Significant Freight and Highway Projects 
program is the core reform, a new program in this bill. It is 
fundamental to this bill's redirecting us back to our national 
interests on these freight corridors and these major projects.
  Allowing a group of small projects to count toward the $100 million 
threshold for eligibility would actually destroy the very purpose of 
the program, to provide funding for large-scale projects, that is, 
large-scale projects that States cannot fund with their $4 million that 
they get.
  In our bill, it is very different from what the Senate bill does. The 
Senate bill puts it out in formula. That is not going to solve the 
problem. This program will solve some of those problems that States 
cannot fund with, again, the money that is coming from their formulas.
  Many bridge projects, for example, fall under this category, as do 
large highway expansion projects. The only exception is a 10 percent 
set-aside for smaller freight projects with an impact on interstate 
commerce.
  Again, the Nationally Significant Freight and Highway Projects 
program in this bill was carefully crafted and negotiated with our 
ranking member and the folks on the other side of the aisle, and we 
believe the program is properly structured. So, again, I would oppose 
this amendment.
  I reserve the balance of my time.
  Mr. TAKANO. Madam Chair, I yield 2 minutes to the gentleman from 
California (Mr. Aguilar).
  Mr. AGUILAR. I thank the gentleman for yielding.
  Madam Chair, today I rise in support of my fellow Inland Empire 
colleague, Mr. Takano's amendment to the surface transportation bill, 
which would clarify project eligibility under the Nationally 
Significant Freight and Highway Projects program.
  Improving our roads, rails, and bridges is crucial for the Inland 
Empire, a region of San Bernardino and Riverside Counties that 
Congressman Takano and I represent.
  Working families need reliable transportation and infrastructure to 
get to and from work, to get their children to school, and to have the 
ability to play a role in our regional, State, and national economies.
  This amendment would allow more local projects to meet that $100 
million threshold to qualify for the Nationally Significant Freight and 
Highway Projects program that otherwise wouldn't meet the requirements 
and would be excluded from Federal funding.
  The Valley Boulevard grade separation in Colton is just one program 
in San Bernardino County that would benefit directly from this project, 
one of many throughout California and the Nation.
  This amendment would help San Bernardino and Riverside County 
residents, as well as millions of working families and public safety 
officials who

[[Page H7605]]

require the grade separations throughout our country, who rely on 
transportation and infrastructure each and every day.
  I urge my colleagues to vote in favor of the amendment.
  Mr. SHUSTER. Madam Chair, I will just again say I know where the 
gentlemen are coming from. I have not been there once. I have not been 
there twice. I have been there several times.
  Southern California has got every known problem in the transportation 
world because of the congestion, your ports. It is an important part of 
the country, but, again, this Nationally Significant Freight and 
Highway Projects program was carefully crafted to make sure that there 
are other places in the country that we can get those projects.
  Cobbling together a couple of smaller ones is really going to take 
away from the focus of this program and the focus of this bill, to try 
to get us looking back at what our national priorities are, when that 
has to be moving freight.
  One of those key places is the Port of Los Angeles, Long Beach, but 
there are places around the country, and we think this program is going 
to be able to address those with large sums of money, not bits and 
pieces flowing out there.
  So again, at this time, I understand where you are coming from. I 
have been there. I understand the problems in southern California, but 
I would have to oppose this amendment.
  I yield back the balance of my time.
  Mr. TAKANO. Madam Chair, I appreciate the sentiment of the gentleman 
from Pennsylvania, that he has been to our region and understands the 
importance of making sure that freight through rail is moved 
expeditiously.
  I do urge my colleagues to support this amendment. I wish that the 
gentleman would have a change of heart.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Takano).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. TAKANO. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


         Amendment No. 32 Offered by Ms. Brownley of California

  The Acting CHAIR. It is now in order to consider amendment No. 32 
printed in part B of House Report 114-325.
  Ms. BROWNLEY of California. Madam Chair, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 70, line 24, strike ``10 percent'' and insert ``20 
     percent''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from California (Ms. Brownley) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. BROWNLEY of California. Madam Chair, I would like to begin by 
thanking the chairmen and ranking members of the full committee and the 
subcommittee for their work on this bipartisan bill.
  I worked very hard to become a member of the Transportation and 
Infrastructure Committee because I wanted very much to be part of a 
team that gets things done.

                              {time}  1800

  When I first joined the committee, many of my constituents back in 
Ventura County questioned whether the 114th Congress could get a 
surface transportation bill through the House.
  The progress that we have made so far on the bill is a testament to 
the good work that Congress can do when we work together in a 
bipartisan way, through the committee process, to get things done for 
the American people. I am also very appreciative of the Rules Committee 
for making my amendment in order this evening.
  Madam Chair, my amendment would fix a small problem with the new 
freight program and would allow small- and mid-sized communities an 
opportunity to compete for a slightly larger piece of the pie.
  I agree with many of my colleagues that we absolutely must address 
capacity issues along long-haul routes and freight corridors. We must 
address the costly and time-consuming bottlenecks within congested 
metropolitan areas. We must also address the first- and last-mile 
connections to our ports, freight yards, and other job centers in our 
communities.
  However, Madam Chair, I am concerned that the freight program created 
in this bill includes a minimum project threshold of $100 million. Let 
me repeat: $100 million is the minimum threshold. Many of us represent 
small- and mid-sized communities.
  In my district of Ventura County, we have struggled over the past few 
years to address freight bottlenecks in our community, including along 
Rice Avenue, where we have seen far too many deadly accidents in recent 
years.
  But as this bill is currently drafted, Ventura County and many other 
small- and mid-sized communities across the country won't be able to 
fully compete for the freight program. We just don't have the resources 
back home to compete with these large projects.
  But that doesn't mean that we don't have freight bottlenecks. All 
that I am seeking is to ensure that small- and mid-sized communities 
like my county, Ventura County, can better compete.
  Madam Chairman, my simple amendment would increase the small project 
set-aside from 10 percent to 20 percent of the available resources to 
allow more communities across the country to compete for these limited 
resources. The small project threshold is $5 million or more.
  My amendment will still leave 80 percent of the money for larger 
projects. Increasing the small project set-aside will not guarantee 
funds for any specific project, but it will give many of our districts 
at least a fighting chance to compete for one-fifth of the funds under 
the new freight program.
  Madam Chairman, I urge my colleagues to support the amendment.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Madam Chair, let me say first to the gentlewoman from 
California thank you for your valuable contribution in putting this 
bill together and your hard work in committee. We thank you for that. 
You played an important role in developing this bill.
  Once again, the Nationally Significant Freight and Highways Projects 
program in the bill was carefully crafted. We do have a 10 percent set-
aside, as you mentioned, for some of these smaller programs and 
projects, but the idea is to really have these large projects. Let's 
focus on them.
  Once again, in southern California and that region, you have numerous 
projects there that are going to far exceed $100 million. Around the 
country, whether it is in Texas or in New Jersey or in New York, we 
have got these projects. We believe that we have crafted this to be 
able to really get those dollars to those projects to be able to move 
them forward.
  Again, just like the last amendment, if you cobble together a couple 
of smaller ones, then you take away money for smaller projects. Then we 
are not going to get the impact that we need.
  So, again, I appreciate the gentlewoman's passion, and I appreciate 
her work on the committee. But at this time, I have to oppose the 
amendment.
  Madam Chair, I yield back the balance of my time.
  Ms. BROWNLEY of California. Madam Chair, I will close. I just would 
like to reiterate that my amendment will simply increase the small 
project set-aside, which will leave 80 percent of the limited funds in 
the program for large projects.
  This is allowing the large projects to win. A small project may not 
win at all, but it is just giving us, the small- and mid-sized 
communities, an opportunity to compete.
  Again, for many, many districts, $100 million is just an 
insurmountable sum, but we can and want to compete under the freight 
program for very important projects.
  Again, I thank the chairman for all of his work on this important 
bill. I urge my colleagues to vote ``yes.''

[[Page H7606]]

  Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from California (Ms. Brownley).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. BROWNLEY of California. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
will be postponed.


                Amendment No. 33 Offered by Mr. Costello

  The Acting CHAIR. It is now in order to consider amendment No. 33 
printed in part B of House Report 114-325.
  Mr. COSTELLO of Pennsylvania. Madam Chair, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 71, line 2, strike ``(i)''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Pennsylvania (Mr. Costello) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. COSTELLO of Pennsylvania. Madam Chair, I yield myself such time 
as I may consume.
  Madam Chair, I rise to ask for a simple bipartisan amendment along 
with my fellow Transportation and Infrastructure Committee member, 
Representative Dan Lipinski of Illinois.
  This amendment would make a minor modification to the Nationally 
Significant Freight and Highway Projects grant program. This amendment 
would not change any dollar threshold or increase funding to the 
program, nor would it increase the cost of the overall bill.
  Under the program set forth in the bill, large grants, as they are 
defined, meaning those in excess of $100 million, are eligible for four 
types of programs: one, freight projects on the National Highway 
Freight Network; two, highway or bridge projects on the National 
Highway System; three, intermodal or freight rail projects on the 
National Multimodal Freight Network; and, four, railway-highway grade 
crossings and grade separations.
  However, the bill sets aside 10 percent of program funding for small 
projects defined as those projects that are less than $100 million. 
However, the bill only allows one of the previously mentioned four 
programs, freight projects on the National Highway Freight Network, to 
be eligible for this reserved small project funding.
  Madam Chair, in my home State of Pennsylvania, the structural 
integrity of our aging bridges and roadways is a major concern of my 
constituents and a personal priority of mine. I seek to add the other 
three programs to be eligible under the small projects definition.
  So I ask: Should a $50 or $95 million project to restore a crumbling 
bridge have less of a shot at program funding than a $100 million 
project? Or for the 55 short-line railroads in Pennsylvania, including 
three in my district, if they would otherwise be eligible for program 
funding to improve roadway grade separations, why should they not be 
eligible to compete for those dollars set forth for small projects?
  Madam Chair, this amendment addresses this discrepancy.
  Madam Chair, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Chair, I ask unanimous consent to claim the time 
in opposition, although I am not opposed to it.
  The Acting CHAIR. Is there objection to the request of the gentleman?
  There was no objection.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. Madam Chair, I yield myself such time as I may consume.
  Madam Chair, this is a very meritorious amendment offered by the 
gentleman. It provides flexibility for small projects under the 
Nationally Significant Freight and Highways Projects program.
  Rather than only highway freight, States and localities will be able 
to apply for funds to carry out a variety of project types, such as 
highways, bridges, intermodal, freight rail, and grade crossings.
  This is giving more control to local governments to do the most cost-
effective solutions to their problems that they know best. So I think 
it has great merit. I support it and recommend our colleagues support 
it.
  Madam Chair, I yield back the balance of my time.
  Mr. COSTELLO of Pennsylvania. Madam Chair, I urge support for this 
meritorious amendment.
  Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Costello).
  The amendment was agreed to.


               Amendment No. 34 Offered by Mrs. Radewagen

  The Acting CHAIR. It is now in order to consider amendment No. 34 
printed in part B of House Report 114-325.
  Mrs. RADEWAGEN. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 74, after line 15, insert the following new section:

     SEC. 1112A. TERRITORIAL HIGHWAY PROGRAM.

       Section 165(c) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(8) Division of funds between territories.--In carrying 
     out this subsection, the Secretary shall allocate the funds 
     made available to the territories each fiscal year among the 
     territories according to quantifiable measures that are 
     indicative of the surface transportation requirements of each 
     of the territories, which may include the use of population, 
     land area, roadway mileage, or another measure determined 
     appropriate by the Secretary.''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from American Samoa (Mrs. Radewagen) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from American Samoa.
  Mrs. RADEWAGEN. Madam Chair, the amendment that I am offering 
together with my colleague from the Northern Mariana Islands (Mr. 
Sablan) brings rationality and logic to the allocation of Territorial 
Highway Program funds among the four smaller U.S. territories. At 
present, these funds are simply allocated as the Department of 
Transportation sees fit using a formula set back in 1992, I understand.
  That system may have been okay for the last 23 years, but now that I 
am representing the people of American Samoa, I want to be sure that 
Federal funds are distributed among the territories in a way that has 
some rational basis.
  I cannot say to my constituents that we just have to live with the 
way things have always been done. I want to say to them that the 
assistance we get from the Federal Government is based on our real 
needs.
  Madam Chair, I also believe that my constituents deserve to have 
their elected representative participate in decisions like the 
distribution of highway funds. We elected no one at the Department of 
Transportation where the decision is now made.
  The amendment that I am offering, however, does not override the 
experts at the Department. The amendment simply instructs the experts 
to use the data they have to set up an allocation based on objective, 
quantifiable measures that apply to all the territories.
  If it turns out that American Samoa gets less as a result of that, so 
be it. Whether it is road distance or traffic volume--whatever it may 
be--let the Department ground its decision in some transportation 
reality. That would be a responsible use of Federal dollars.
  Madam Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. Madam Chair, I certainly am sympathetic. I have heard 
from all of the territories throughout this process, and because of the 
paucity of funding in this bill, the funding to the territories, no 
matter what formula you use, is inadequate to the growth and the 
problems that they are experiencing.

[[Page H7607]]

  I am not opposed to the idea of developing and updating statistical 
measures to target the limited funds. My preference would be there 
would be more funds.
  This funding formula was set in 1992 by the Federal Highway 
Administration. They included consideration of population, land area, 
and road mileage of each of the four covered territories.
  Based on that review, they came up with these allocations--obviously, 
that was 23 years ago--40 percent each to Guam and the U.S. Virgin 
Islands and 10 percent to American Samoa and Northern Mariana Islands.
  Before we unilaterally take steps to change the formula that has been 
in place for two decades, I think we need to hear from the delegates of 
all four. I have been contacted by the other two territories that would 
be impacted who are strongly opposed, and I would certainly like to 
work with the gentlewoman and all of the delegates to see what we could 
do to have a fair and balanced update of the formula.
  Again, formulas are some of the most tricky things around here. You 
change just one factor and you get dramatic differences at the other 
end. So we would have to first agree on criteria and proper factors and 
then direct the FHWA to run those numbers.
  So, Madam Chair, I reluctantly rise in opposition and urge my 
colleagues to oppose the amendment.
  Madam Chair, I reserve the balance of my time.
  Mrs. RADEWAGEN. Madam Chairman, I yield 3 minutes to the gentleman 
from the Northern Mariana Islands (Mr. Sablan).
  Mr. SABLAN. Madam Chair, let me make one thing very clear. The 
amendment that the distinguished lady from American Samoa and I have 
introduced does not change the formula.
  But I also want to take the time to thank Chairman Shuster and 
Ranking Member DeFazio and all the committee members who worked 
together successfully to bring this bipartisan bill to the floor.

                              {time}  1815

  I want to thank the committee, also, for deciding to increase funding 
for the Territorial Highway Program from $40 million to $42 million per 
year.
  The territories are some of the poorest parts of our country. We face 
a financial challenge providing transportation on separate islands and 
from one island to another island. I think the only territory that 
doesn't have to do that is the southernmost territory in the Mariana 
Islands.
  We are grateful for the assistance we receive from our fellow 
Americans. It is in the spirit of bipartisanship and with a deep 
respect for the wise use of Federal funds that Congressman Radewagen of 
American Samoa and I are offering the amendment at the desk.
  The amendment simply requires the Department of Transportation to use 
some rational basis for allocating the Territorial Highway Program 
funds among the territories.
  Currently, the Department is on autopilot. It uses a fixed allocation 
it devised back in 1992 and has continued to use ever since, without 
thinking about any changes that have occurred in the last 23 years.
  I believe that Federal dollars should not be spent willy-nilly. There 
should be some connection with the needs on the ground.
  I would like to make clear that this amendment does not slice up the 
pie to take money from one area and give it to another. In fact, thanks 
to the Transportation and Infrastructure Committee, the pie is actually 
getting a little larger.
  Our amendment does not even specify what objective measures the 
Department uses in allocating the territorial funds. It could be road 
distance, traffic volume, population, land area, or a combination, as 
long as the decision is based on some concrete reality related to 
highways.
  We think that linking the dollars to the need is simply good 
stewardship of Federal resources and American taxpayers' money. We hope 
that the House agrees to this responsible approach and agrees to this 
bipartisan amendment.
  Mr. DeFAZIO. Madam Chair, I yield back the balance of my time.
  Mrs. RADEWAGEN. Madam Chair, I want to thank the chairman and the 
committee for their consideration.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from American Samoa (Mrs. Radewagen).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mrs. RADEWAGEN. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from American 
Samoa will be postponed.


                Amendment No. 35 Offered by Ms. Edwards

  The Acting CHAIR. It is now in order to consider amendment No. 35 
printed in part B of House Report 114-325.
  Ms. EDWARDS. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 110, strike lines 3 and 4 and insert the following:

       ``(I) improve the reliance and reliability of the 
     transportation system and reduce or mitigate stormwater 
     impacts of surface transportation; and''.

       Page 113, strike lines 22 and 23 and insert the following:

       ``(I) improve the reliance and reliability of the 
     transportation system and reduce or mitigate stormwater 
     impacts of surface transportation; and''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Maryland (Ms. Edwards) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Maryland.
  Ms. EDWARDS. Madam Chair, the amendment at the desk is consistent 
with the streamlining effort that has already been underway in this 
bill.
  I want to thank Chairman Shuster and Ranking Member DeFazio because 
they have put in yeoman's work to make this a bipartisan effort.
  Ultimately, my amendment will reduce the overall cost of projects and 
the need for mitigation. If implemented, it will save money.
  As we know all too well, highway storm water is a growing threat to 
water quality, aquatic ecosystems, and the fish and wildlife that 
depend on the health of these ecosystems. Moreover, the high volumes 
and rapid flow of storm water runoff from highways and roads poses a 
serious threat to the condition of our Nation's water and 
transportation infrastructure.
  Impervious surfaces create rapidly moving high volumes of untreated 
polluted storm water that rush off road surfaces, erode unnatural 
channels next to and ultimately underneath roadways compromising the 
integrity of roadway infrastructure, and increase the stress on storm 
water sewer systems, shortening the life of all of this infrastructure.
  The total coverage of impervious surfaces in an area is usually 
expressed as a percentage of the total land area. According to the 
Chesapeake Bay program, impervious surfaces compose roughly 17 percent 
of all urban and suburban lands in the Chesapeake Bay watershed. The 
greatest concentration of impervious surfaces in the bay watershed is 
the Baltimore-Washington metropolitan areas of D.C., Maryland, and 
Virginia. In fact, the Virginia Tidewater area, Philadelphia's western 
suburbs, and Lancaster, Pennsylvania, are also regions in our watershed 
where impervious surfaces are greater than 10 percent of the total land 
area.
  While there are serious water quality concerns with not adequately 
controlling roadway infrastructure runoff, there are also serious 
infrastructure costs that are ultimately passed on to taxpayers and 
ratepayers. These can be avoided if transportation authorities do more 
to control and manage storm water runoff with the infrastructure assets 
they plan and manage.
  The aim of the amendment, of course, is to improve highway design to 
better manage storm water to avoid the costly damage that poorly 
managed storm water causes, and to move this up in the planning process 
so that thought goes in at the beginning how best to plan, design, and 
construct effectively, while also reducing costs. Now, that work is 
done near the end of the process, where mitigation is often used and 
costs are much higher.
  My amendment would simply move up the consideration of storm water 
issues in statewide and metropolitan

[[Page H7608]]

planning. Specifically, it would require consideration of projects and 
strategies that will improve the resiliency and reliability of the 
transportation system and reduce or mitigate storm water impacts on 
surface transportation.
  I urge my colleagues to support this amendment to address the problem 
that is facing America's waterways and infrastructure, and to do that 
early in the planning, which is more efficient and less costly.
  I reserve the balance of my time.
  Mr. SHUSTER. Madam Chair, I claim the time in opposition, even though 
I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Madam Chair, I yield back the balance of my time.
  Ms. EDWARDS. Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Maryland (Ms. Edwards).
  The amendment was agreed to.


                Amendment No. 36 Offered by Mr. Calvert

  The Acting CHAIR. It is now in order to consider amendment No. 36 
printed in part B of House Report 114-325.
  Mr. CALVERT. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 164, line 8, strike ``up to 10'' and insert ``up to 
     25''.
       Page 164, line 10, strike ``up to 10'' and insert ``up to 
     25''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from California (Mr. Calvert) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CALVERT. Madam Chair, the highway bill, crafted by my friends, 
Chairman Bill Shuster and Ranking Member Peter DeFazio and the rest of 
our colleagues on the Transportation and Infrastructure Committee, 
contains a number of important reforms to our highway programs that 
will benefit commuters across this country.
  One of those provisions, section 1313, establishes a pilot program 
that would allow States to conduct environmental reviews and make 
approvals for projects under State environmental laws and regulations 
instead of Federal laws and regulations. It is expected that this pilot 
program will save highway projects time and money, while maintaining 
the same environmental standards.
  The bill permits the State to designate 10 local governments to 
administer local projects under the new pilot program. However, for 
large States like California, New York, Texas, and Florida, limiting 
the program to 10 localities is simply not enough. My amendment would 
increase the allowable number of localities to 25 in order to allow 
more communities to take advantage of bringing down the cost and 
shrinking the amount of time required to complete highway projects.
  The amendment is supported by the California State Association of 
Counties, local transit authorities, and CalTrans is not opposed.
  We are well aware that our need for highway infrastructure continues 
to outpace the resources we have available. That is exactly why we need 
to support efforts like my amendment that can make more highway 
projects a reality by bringing their costs down and completing them 
more quickly.
  I urge all my colleagues to support the amendment which will help our 
communities, counties, and commuters.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Calvert).
  The amendment was agreed to.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part B of House Report 
114-325 on which further proceedings were postponed, in the following 
order:
  Amendment No. 2 by Mr. Swalwell of California.
  Amendment No. 5 by Mr. Gosar of Arizona.
  Amendment No. 14 by Mr. Ribble of Wisconsin.
  Amendment No. 15 by Ms. Brown of Florida.
  Amendment No. 29 by Mr. Lynch of Massachusetts.
  Amendment No. 31 by Mr. Takano of California.
  Amendment No. 32 by Ms. Brownley of California.
  Amendment No. 34 by Mrs. Radewagen of American Samoa.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote after the first vote in this series.


         Amendment No. 2 Offered by Mr. Swalwell of California

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Swalwell) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 181, 
noes 237, not voting 15, as follows:

                             [Roll No. 586]

                               AYES--181

     Adams
     Aguilar
     Amodei
     Ashford
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brooks (IN)
     Brown (FL)
     Buck
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Costello (PA)
     Courtney
     Crowley
     Cummings
     Curbelo (FL)
     Davis (CA)
     Davis, Rodney
     DeGette
     Delaney
     DelBene
     Denham
     Dent
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Dold
     Doyle, Michael F.
     Duckworth
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Fitzpatrick
     Fortenberry
     Foster
     Frankel (FL)
     Franks (AZ)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gibson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Heck (WA)
     Herrera Beutler
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Joyce
     Katko
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kuster
     LaMalfa
     Langevin
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McDermott
     McGovern
     McNerney
     McSally
     Meehan
     Meng
     Moulton
     Murphy (FL)
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Reichert
     Ribble
     Rice (NY)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schweikert
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stefanik
     Swalwell (CA)
     Takano
     Thompson (CA)
     Tipton
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)

                               NOES--237

     Abraham
     Aderholt
     Allen
     Amash
     Babin
     Barletta
     Barr
     Barton
     Becerra
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brownley (CA)
     Buchanan
     Bucshon
     Burgess
     Butterfield
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Cooper
     Costa
     Cramer
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Davis, Danny
     DeFazio
     DeLauro
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Edwards
     Emmer (MN)
     Farenthold
     Fincher
     Fleischmann
     Fleming
     Flores
     Forbes
     Foxx
     Frelinghuysen
     Garrett
     Gibbs
     Goodlatte
     Gosar
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Grayson
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Hice, Jody B.
     Higgins
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Kelly (MS)
     Kelly (PA)
     King (IA)

[[Page H7609]]


     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Kline
     Knight
     Labrador
     LaHood
     Lamborn
     Lance
     Larsen (WA)
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lowey
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McCollum
     McHenry
     McKinley
     McMorris Rodgers
     Meadows
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Renacci
     Rice (SC)
     Richmond
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rooney (FL)
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schakowsky
     Schrader
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stewart
     Stivers
     Stutzman
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiberi
     Trott
     Turner
     Upton
     Valadao
     Vela
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Walz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Zeldin
     Zinke

                             NOT VOTING--15

     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Jolly
     Larson (CT)
     Meeks
     Moore
     Nadler
     Takai
     Van Hollen
     Yarmuth
     Yoder
     Young (IN)

                              {time}  1855

  Mr. JOHNSON of Ohio, Ms. KAPTUR, Messrs. GRAVES of Georgia, POLIQUIN, 
WITTMAN, Mlles. McCOLLUM and EDWARDS, and Mr. WALZ changed their votes 
from ``aye'' to ``no.''
  Mr. ROHRABACHER, Ms. HAHN, Messrs. HASTINGS, CARSON of Indiana, 
CONYERS, CAPUANO, DENT, Ms. ROS-LEHTINEN, Messrs. DENHAM, NOLAN, 
CLEAVER, MEEHAN, and TIPTON changed their votes from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. MOORE. Mr. Chair, on rollcall No. 586, had I been present, I 
would have voted ``yes.''
  Mr. VAN HOLLEN. Mr. Chair, on the evening of November 3, 2015, I was 
unavoidably detained and missed rollcall vote 586. Had I been present, 
I would have voted ``yea.''
  (By unanimous consent, Mr. McCarthy was allowed to speak out of 
order.)


                          Legislative Program

  Mr. McCARTHY. Mr. Chairman, we are in the middle of a healthy and 
bipartisan debate on the highway bill. This is an important process, 
and I am encouraged by the enthusiasm of all Members' participation.
  I am encouraged, all right.
  While we rarely schedule votes later than 7 p.m., Members are advised 
that due to the number of amendments expected to be considered, it is 
likely we will need to vote late tomorrow evening. Members should be 
prepared for both late and multiple votes series tomorrow night.
  Members are further advised to expect a full day on Thursday as we 
will not leave until the House completes its work for the week.
  Mr. HOYER. Will the gentleman yield?
  Mr. McCARTHY. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding.
  As a former majority leader, I want to tell my friend that the 
enthusiasm of the Members for late nights has a very short fuse, but I 
appreciate his efforts.
  Mr. McCARTHY. Well, I do thank the gentleman from Maryland. We are 
into the process of regular order and giving feedback for everybody 
having an amendment.
  Tonight's work has gone very fast, faster than we expected. I did not 
want to keep people too late, but I do expect tomorrow night will very 
likely be a late night and a multiple series.


                  Amendment No. 5 Offered by Mr. Gosar

  The Acting CHAIR (Mr. Collins of Georgia). Without objection, 2-
minute voting will continue.
  There was no objection.
  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Gosar) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 196, 
noes 225, not voting 12, as follows:

                             [Roll No. 587]

                               AYES--196

     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (UT)
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buck
     Bucshon
     Burgess
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Conaway
     Cook
     Cramer
     Crawford
     Culberson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Garrett
     Gibbs
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (LA)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hardy
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (MS)
     Kelly (PA)
     King (IA)
     Kinzinger (IL)
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Latta
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Neugebauer
     Newhouse
     Noem
     Nugent
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (TX)
     Stewart
     Stivers
     Stutzman
     Thornberry
     Tipton
     Valadao
     Walberg
     Walden
     Walker
     Walorski
     Weber (TX)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                               NOES--225

     Abraham
     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Bishop (MI)
     Black
     Blumenauer
     Bonamici
     Boustany
     Boyle, Brendan F.
     Brown (FL)
     Brownley (CA)
     Buchanan
     Bustos
     Butterfield
     Byrne
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clawson (FL)
     Clay
     Cleaver
     Clyburn
     Cohen
     Collins (NY)
     Comstock
     Connolly
     Conyers
     Cooper
     Costa
     Costello (PA)
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Curbelo (FL)
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Dold
     Donovan
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)
     Frelinghuysen
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gibson
     Graham
     Granger
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanna
     Harper
     Hastings
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jeffries
     Jenkins (KS)
     Johnson (GA)
     Johnson, E. B.
     Jolly
     Kaptur
     Katko
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     King (NY)
     Kirkpatrick
     Kline
     Kuster
     Lance
     Langevin
     Larsen (WA)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     LoBiondo
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     MacArthur
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meng
     Messer
     Moore
     Moulton
     Murphy (FL)
     Murphy (PA)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     Nunes
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan

[[Page H7610]]


     Polis
     Price (NC)
     Quigley
     Rangel
     Reichert
     Rice (NY)
     Richmond
     Ros-Lehtinen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Shuster
     Simpson
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Speier
     Stefanik
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiberi
     Titus
     Tonko
     Torres
     Trott
     Tsongas
     Turner
     Upton
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wagner
     Walters, Mimi
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)

                             NOT VOTING--12

     Brady (PA)
     Ellmers (NC)
     Fattah
     Franks (AZ)
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Webster (FL)
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1901

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 14 Offered by Mr. Ribble

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Wisconsin 
(Mr. Ribble) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 236, not voting 10, as follows:

                             [Roll No. 588]

                               AYES--187

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Benishek
     Bishop (GA)
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Byrne
     Calvert
     Carter (GA)
     Castro (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Costa
     Cramer
     Crawford
     Cuellar
     Culberson
     Curbelo (FL)
     Davis, Rodney
     Dent
     DeSantis
     DesJarlais
     Duffy
     Duncan (SC)
     Emmer (MN)
     Fincher
     Fleischmann
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Fudge
     Garrett
     Gibbs
     Gowdy
     Graham
     Graves (GA)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Hinojosa
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Johnson (OH)
     Jolly
     Jordan
     Katko
     Kind
     King (IA)
     Kline
     Knight
     Kuster
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Lummis
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McMorris Rodgers
     McSally
     Messer
     Miller (FL)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Neugebauer
     Newhouse
     Noem
     Nunes
     Palmer
     Paulsen
     Payne
     Pearce
     Perry
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Polis
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Renacci
     Ribble
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rohrabacher
     Rokita
     Rooney (FL)
     Roskam
     Ross
     Rothfus
     Rouzer
     Ruiz
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sessions
     Sewell (AL)
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tipton
     Trott
     Valadao
     Vela
     Wagner
     Walberg
     Walden
     Walker
     Walz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zinke

                               NOES--236

     Adams
     Aguilar
     Ashford
     Barletta
     Barr
     Barton
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bilirakis
     Blumenauer
     Bonamici
     Bost
     Boustany
     Boyle, Brendan F.
     Brown (FL)
     Brownley (CA)
     Bucshon
     Burgess
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Carter (TX)
     Cartwright
     Castor (FL)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly
     Conyers
     Cook
     Cooper
     Costello (PA)
     Courtney
     Crenshaw
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Denham
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Dold
     Donovan
     Doyle, Michael F.
     Duckworth
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farenthold
     Farr
     Fitzpatrick
     Fleming
     Foster
     Frankel (FL)
     Frelinghuysen
     Gabbard
     Gallego
     Garamendi
     Gibson
     Goodlatte
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Harper
     Harris
     Hastings
     Heck (NV)
     Heck (WA)
     Higgins
     Himes
     Honda
     Hoyer
     Huffman
     Hultgren
     Hunter
     Hurd (TX)
     Israel
     Jeffries
     Jenkins (WV)
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Joyce
     Kaptur
     Keating
     Kelly (IL)
     Kelly (MS)
     Kelly (PA)
     Kennedy
     Kildee
     Kilmer
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Langevin
     Larsen (WA)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Luetkemeyer
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     MacArthur
     Maloney, Carolyn
     Maloney, Sean
     Marchant
     Matsui
     McCollum
     McDermott
     McGovern
     McHenry
     McKinley
     McNerney
     Meadows
     Meehan
     Meng
     Mica
     Miller (MI)
     Moore
     Moulton
     Murphy (FL)
     Murphy (PA)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     Nugent
     O'Rourke
     Olson
     Palazzo
     Pallone
     Pascrell
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Price (NC)
     Quigley
     Rangel
     Reichert
     Rice (NY)
     Richmond
     Rigell
     Rogers (KY)
     Ros-Lehtinen
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Russell
     Ryan (OH)
     Salmon
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Scott, David
     Sensenbrenner
     Serrano
     Sherman
     Shimkus
     Shuster
     Sires
     Slaughter
     Smith (NJ)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Titus
     Tonko
     Torres
     Tsongas
     Turner
     Upton
     Van Hollen
     Vargas
     Veasey
     Velazquez
     Visclosky
     Walorski
     Walters, Mimi
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Whitfield
     Williams
     Wilson (FL)
     Zeldin

                             NOT VOTING--10

     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1905

  Mr. CARSON of Indiana changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


            Amendment No. 15 Offered by Ms. Brown of Florida

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Florida 
(Ms. Brown) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 216, 
noes 207, not voting 10, as follows:

                             [Roll No. 589]

                               AYES--216

     Adams
     Aguilar
     Amodei
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bilirakis
     Bishop (GA)
     Blumenauer
     Bonamici
     Bost
     Boyle, Brendan F.
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Byrne
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Comstock
     Connolly
     Conyers
     Cooper
     Courtney
     Crowley
     Cuellar
     Cummings
     Curbelo (FL)
     Davis (CA)
     Davis, Danny
     Davis, Rodney
     DeGette
     Delaney
     DeLauro
     DelBene
     Dent
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Fitzpatrick
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gibson
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guinta
     Gutierrez
     Hahn
     Harris
     Hastings
     Heck (NV)
     Heck (WA)
     Higgins
     Hill
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jeffries

[[Page H7611]]


     Johnson (GA)
     Johnson, E. B.
     Jolly
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kuster
     Lance
     Langevin
     Larsen (WA)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     LoBiondo
     Loebsack
     Lofgren
     Long
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     MacArthur
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meehan
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pearce
     Pelosi
     Perlmutter
     Perry
     Peters
     Peterson
     Pingree
     Pocan
     Poliquin
     Polis
     Price (NC)
     Quigley
     Rangel
     Reed
     Rice (NY)
     Rice (SC)
     Richmond
     Roe (TN)
     Rogers (AL)
     Rooney (FL)
     Ros-Lehtinen
     Ross
     Rouzer
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Shimkus
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stefanik
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Webster (FL)
     Welch
     Wilson (FL)
     Wilson (SC)
     Womack
     Zinke

                               NOES--207

     Abraham
     Aderholt
     Allen
     Amash
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Costa
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     DeFazio
     Denham
     DeSantis
     DesJarlais
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Farenthold
     Fincher
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Goodlatte
     Gosar
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Hanna
     Hardy
     Harper
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Latta
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reichert
     Renacci
     Ribble
     Rigell
     Roby
     Rogers (KY)
     Rohrabacher
     Rokita
     Roskam
     Rothfus
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stewart
     Stivers
     Stutzman
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Williams
     Wittman
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin

                             NOT VOTING--10

     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1909

  Mr. CONYERS changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 29 Offered by Mr. Lynch

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Lynch) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 160, 
noes 263, not voting 10, as follows:

                             [Roll No. 590]

                               AYES--160

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Brown (FL)
     Brownley (CA)
     Bustos
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Costello (PA)
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeGette
     Delaney
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Duckworth
     Edwards
     Ellison
     Eshoo
     Farr
     Fitzpatrick
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gibson
     Grayson
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Heck (WA)
     Higgins
     Hinojosa
     Honda
     Hoyer
     Huffman
     Hurt (VA)
     Israel
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kuster
     Lance
     Langevin
     Larsen (WA)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Vela
     Velazquez
     Visclosky
     Walker
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)

                               NOES--263

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Boyle, Brendan F.
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Butterfield
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Conyers
     Cook
     Costa
     Courtney
     Cramer
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Curbelo (FL)
     Davis, Rodney
     DeFazio
     DeLauro
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Doyle, Michael F.
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Engel
     Esty
     Farenthold
     Fincher
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Goodlatte
     Gosar
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Himes
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Latta
     Lipinski
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Norcross
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perlmutter
     Perry
     Peters
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Ruiz
     Russell
     Salmon
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus

[[Page H7612]]


     Shuster
     Simpson
     Sinema
     Sires
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Veasey
     Wagner
     Walberg
     Walden
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                             NOT VOTING--10

     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1913

  Mr. CONYERS changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 31 Offered by Mr. Takano

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Takano) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 174, 
noes 248, not voting 11, as follows:

                             [Roll No. 591]

                               AYES--174

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Calvert
     Capps
     Capuano
     Cardenas
     Carney
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clawson (FL)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cook
     Cooper
     Costa
     Courtney
     Cuellar
     Cummings
     Curbelo (FL)
     Davis (CA)
     Davis, Danny
     DeGette
     Delaney
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Eshoo
     Esty
     Farr
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Hunter
     Israel
     Issa
     Jeffries
     Jenkins (WV)
     Johnson (GA)
     Johnson, E. B.
     Jolly
     Jones
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kind
     Knight
     Kuster
     Langevin
     Larsen (WA)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McGovern
     McNerney
     Mooney (WV)
     Moore
     Moulton
     Murphy (FL)
     Napolitano
     Neal
     Norcross
     O'Rourke
     Pallone
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Poliquin
     Polis
     Price (NC)
     Quigley
     Rangel
     Richmond
     Roybal-Allard
     Royce
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Zinke

                               NOES--248

     Abraham
     Aderholt
     Allen
     Amash
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Carson (IN)
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Crowley
     Culberson
     Davis, Rodney
     DeFazio
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Engel
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Goodlatte
     Gosar
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Heck (WA)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huffman
     Huizenga (MI)
     Hultgren
     Hurd (TX)
     Hurt (VA)
     Jenkins (KS)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     Kilmer
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Kline
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lowenthal
     Lowey
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McDermott
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Meng
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mullin
     Mulvaney
     Murphy (PA)
     Nadler
     Neugebauer
     Newhouse
     Noem
     Nolan
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Pascrell
     Paulsen
     Pearce
     Perry
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (NY)
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Russell
     Salmon
     Sanchez, Loretta
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sires
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin

                             NOT VOTING--11

     Amodei
     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1916

  Mr. ROYCE changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


         Amendment No. 32 Offered by Ms. Brownley of California

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Ms. Brownley) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 160, 
noes 263, not voting 10, as follows:

                             [Roll No. 592]

                               AYES--160

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Benishek
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Calvert
     Capps
     Capuano
     Cardenas
     Carney
     Cartwright
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cook
     Cooper
     Courtney
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     Davis, Rodney
     DeGette
     Delaney
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Eshoo
     Esty
     Farr
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graves (LA)
     Grayson
     Green, Al
     Grijalva
     Hahn
     Hastings
     Heck (WA)
     Herrera Beutler
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Israel
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kuster
     Larsen (WA)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McGovern

[[Page H7613]]


     McNerney
     Moore
     Moulton
     Murphy (FL)
     Neal
     Noem
     Nolan
     Norcross
     O'Rourke
     Pallone
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Poliquin
     Polis
     Price (NC)
     Quigley
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Russell
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Zinke

                               NOES--263

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Boyle, Brendan F.
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Carson (IN)
     Carter (GA)
     Carter (TX)
     Castor (FL)
     Castro (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Costa
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Crowley
     Culberson
     Curbelo (FL)
     DeFazio
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Doggett
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Engel
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Goodlatte
     Gosar
     Gowdy
     Graham
     Granger
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffith
     Grothman
     Guinta
     Guthrie
     Gutierrez
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huffman
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Langevin
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lowenthal
     Lowey
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McCollum
     McDermott
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Meng
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Nadler
     Napolitano
     Neugebauer
     Newhouse
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Pascrell
     Paulsen
     Pearce
     Perry
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price, Tom
     Rangel
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (NY)
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Rush
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott (VA)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Sires
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Titus
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Walz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin

                             NOT VOTING--10

     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1921

  Messrs. ELLISON and JOHNSON of Georgia changed their vote from ``no'' 
to ``aye.''
  Mr. GUTIERREZ changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


               Amendment No. 34 Offered by Mrs. Radewagen

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from American 
Samoa (Mrs. Radewagen) on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 113, 
noes 310, not voting 10, as follows:

                             [Roll No. 593]

                               AYES--113

     Aderholt
     Aguilar
     Ashford
     Barr
     Bass
     Benishek
     Bilirakis
     Bishop (UT)
     Black
     Bost
     Brat
     Buck
     Bucshon
     Burgess
     Cardenas
     Carney
     Chabot
     Chu, Judy
     Cohen
     Cole
     Collins (GA)
     Comstock
     Conyers
     Cook
     Costello (PA)
     Cuellar
     Curbelo (FL)
     Davis, Rodney
     Delaney
     Dent
     Dingell
     Duncan (TN)
     Emmer (MN)
     Eshoo
     Farr
     Foxx
     Franks (AZ)
     Gabbard
     Gibson
     Goodlatte
     Graves (GA)
     Graves (LA)
     Grayson
     Griffith
     Guthrie
     Gutierrez
     Hardy
     Hartzler
     Hensarling
     Hice, Jody B.
     Hinojosa
     Honda
     Huffman
     Hultgren
     Hurt (VA)
     Jeffries
     Johnson (GA)
     Katko
     Kind
     Kline
     Kuster
     LaMalfa
     Lamborn
     Lewis
     Lieu, Ted
     Lofgren
     Loudermilk
     Luetkemeyer
     Lynch
     Maloney, Sean
     McCarthy
     McHenry
     Mica
     Miller (FL)
     Mooney (WV)
     Mullin
     Murphy (FL)
     Newhouse
     Paulsen
     Pearce
     Peters
     Pingree
     Pitts
     Polis
     Posey
     Price (NC)
     Price, Tom
     Quigley
     Ros-Lehtinen
     Ross
     Rouzer
     Ruiz
     Ruppersberger
     Russell
     Sanchez, Loretta
     Scalise
     Serrano
     Sessions
     Sinema
     Smith (MO)
     Speier
     Stivers
     Takano
     Vargas
     Velazquez
     Visclosky
     Webster (FL)
     Westmoreland
     Wilson (SC)
     Woodall
     Young (AK)
     Young (IA)
     Zinke

                               NOES--310

     Abraham
     Adams
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barton
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Bishop (MI)
     Blackburn
     Blum
     Blumenauer
     Bonamici
     Boustany
     Boyle, Brendan F.
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Brown (FL)
     Brownley (CA)
     Buchanan
     Bustos
     Butterfield
     Byrne
     Calvert
     Capps
     Capuano
     Carson (IN)
     Carter (GA)
     Carter (TX)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chaffetz
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clawson (FL)
     Clay
     Cleaver
     Clyburn
     Coffman
     Collins (NY)
     Conaway
     Connolly
     Cooper
     Costa
     Courtney
     Cramer
     Crawford
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     Denham
     DeSantis
     DeSaulnier
     DesJarlais
     Deutch
     Diaz-Balart
     Doggett
     Dold
     Donovan
     Doyle, Michael F.
     Duckworth
     Duffy
     Duncan (SC)
     Edwards
     Ellison
     Engel
     Esty
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foster
     Frankel (FL)
     Frelinghuysen
     Fudge
     Gallego
     Garamendi
     Garrett
     Gibbs
     Gosar
     Gowdy
     Graham
     Granger
     Graves (MO)
     Green, Al
     Green, Gene
     Grijalva
     Grothman
     Guinta
     Hahn
     Hanna
     Harper
     Harris
     Hastings
     Heck (NV)
     Heck (WA)
     Herrera Beutler
     Higgins
     Hill
     Himes
     Holding
     Hoyer
     Hudson
     Huelskamp
     Huizenga (MI)
     Hunter
     Hurd (TX)
     Israel
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, E. B.
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Kaptur
     Keating
     Kelly (IL)
     Kelly (MS)
     Kelly (PA)
     Kennedy
     Kildee
     Kilmer
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Knight
     Labrador
     LaHood
     Lance
     Langevin
     Larsen (WA)
     Latta
     Lawrence
     Lee
     Levin
     Lipinski
     LoBiondo
     Loebsack
     Long
     Love
     Lowenthal
     Lowey
     Lucas
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lummis
     MacArthur
     Maloney, Carolyn
     Marchant
     Marino
     Massie
     Matsui
     McCaul
     McClintock
     McCollum
     McDermott
     McGovern
     McKinley
     McMorris Rodgers
     McNerney
     McSally
     Meadows
     Meehan
     Meng
     Messer
     Miller (MI)
     Moolenaar
     Moore
     Moulton
     Mulvaney
     Murphy (PA)
     Nadler
     Napolitano
     Neal
     Neugebauer
     Noem
     Nolan
     Norcross
     Nugent
     Nunes
     O'Rourke
     Olson
     Palazzo
     Pallone
     Palmer
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Perry
     Peterson
     Pittenger
     Pocan
     Poe (TX)
     Poliquin
     Pompeo
     Rangel
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (NY)
     Rice (SC)
     Richmond
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Roskam
     Rothfus
     Roybal-Allard
     Royce
     Rush
     Ryan (OH)
     Salmon
     Sanchez, Linda T.
     Sanford
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schweikert
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sewell (AL)
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Slaughter

[[Page H7614]]


     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Stefanik
     Stewart
     Stutzman
     Swalwell (CA)
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Titus
     Tonko
     Torres
     Trott
     Tsongas
     Turner
     Upton
     Valadao
     Van Hollen
     Veasey
     Vela
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Weber (TX)
     Welch
     Wenstrup
     Westerman
     Whitfield
     Williams
     Wilson (FL)
     Wittman
     Womack
     Yoho
     Young (IN)
     Zeldin

                             NOT VOTING--10

     Brady (PA)
     Ellmers (NC)
     Fattah
     Gohmert
     Jackson Lee
     Larson (CT)
     Meeks
     Takai
     Yarmuth
     Yoder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1925

  Ms. MAXINE WATERS of California changed her vote from ``aye'' to 
``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


               Amendment No. 37 Offered by Mrs. Hartzler

  The Acting CHAIR (Mr. Stewart). It is now in order to consider 
amendment No. 37 printed in part B of House Report 114-325.
  Mrs. HARTZLER. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 226, strike line 13 and all that follows through 
     ``Honey Bees.--'' on line 13 of page 227.
       At the end of subtitle D of title I of division A, add the 
     following:

     SEC. __. LANDSCAPING AND SCENIC ENHANCEMENT FUNDING 
                   DISCONTINUED.

       (a) Repeal.--Section 319 of title 23, United States Code, 
     and the item relating to that section in the analysis for 
     chapter 1 of such title, are repealed.
       (b) Effective Date.--Section 319 of title 23, United States 
     Code, as in effect on the day before the date of enactment of 
     this Act, shall apply to landscape and roadside development 
     as part of a construction project of Federal-aid highways if 
     funds were obligated for the project before such date of 
     enactment.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Missouri (Mrs. Hartzler) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Missouri.


           Modification to Amendment Offered by Mrs. Hartzler

  Mrs. HARTZLER. Mr. Chair, I ask unanimous consent that my amendment 
be modified in the form I have placed at the desk.
  The Acting CHAIR. The Clerk will report the modification.
  The Clerk read as follows:
  Modification to amendment offered by Mrs. Hartzler:

       Page 226, strike lines 13 through 21 and insert the 
     following:
       (a) In General.--
       (1) Use of funds under chapter 1 programs.--Section 319 of 
     title 23, United States Code, is amended to read as follows:

     ``Sec. 319. Encouragement of pollinator habitat and forage 
       development and protection on transportation rights-of-way

       ``In carrying out any
       Page 227, after line 10, insert the following:
       (2) Effective date.--Section 319 of title 23, United States 
     Code, as in effect on the day before the date of enactment of 
     this Act, shall apply to landscape and roadside development 
     as part of a construction project of Federal-aid highways if 
     funds were obligated for the project before such date of 
     enactment.
       (3) Clerical amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 319 and inserting the following:

``319. Encouragement of pollinator habitat and forage development and 
              protection on transportation rights-of-way.''.

  Mrs. HARTZLER (during the reading). Mr. Chair, I ask unanimous 
consent to dispense with the reading of the modification.
  The Acting CHAIR. Is there objection to the request of the 
gentlewoman from Missouri?
  There was no objection.
  The Acting CHAIR. Without objection, the amendment is modified.
  There was no objection.
  The Acting CHAIR. The Chair recognizes the gentlewoman from Missouri.
  Mrs. HARTZLER. Mr. Chair, my amendment gets our priorities right in 
our highway funding by prohibiting Federal funds from being used for 
landscaping and scenic beautification on highway projects.

                              {time}  1930

  We should spend our Federal highway dollars to improve our roads and 
bridges, not plant flowers.
  From 1992 to 2013, over $1.3 billion was spent on landscaping and 
scenic beautification. With data showing over 61,000 bridges classified 
as structurally deficient and 65 percent of the roads in the United 
States in less-than-good condition, this is outrageous.
  I appreciate roadside landscaping, but given today's limited highway 
dollars, these initiatives are best left to volunteer organizations 
such as the popular Adopt-a-Highway program.
  We must ensure that Federal funds are applied where they are needed 
most, and that is upgrading and improving our National infrastructure.
  I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chair, I claim time in opposition to the amendment.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. Mr. Chair, I appreciate the gentlewoman's concern about 
the condition of our bridges, and I have spent, as I spoke earlier 
tonight, a lot of time on that issue and, in fact, opposed the so-
called stimulus bill because of the lack of investment in 
infrastructure, particularly bridges.
  But in this case, I think perhaps there are some drafting errors in 
the amendment because it would preclude using these funds for rest 
areas, which I think is problematic.
  We have a crisis in terms of safe places for people to pull over, 
both commercial truck drivers and individuals. So I assume that the 
gentlewoman did not mean to preclude the use for rest areas.
  Also, I don't know Missouri well, but I know in the West, actually, 
we have used these landscaping funds when we do new construction or 
significant construction to reduce maintenance costs because we have 
high wildfire danger in the West and, if you can plant, basically, 
natives that will dominate, that are not tall, are not fire-prone, then 
you don't have to go in and mow two or three times a year in case some 
idiot throws their cigarette or cigar out of the car and starts a 
catastrophic forest fire.
  So, actually, leaving the discretion to the States to use these funds 
in that way, depending upon their conditions, I think is important.
  There have been a couple of instances in past bills where they went 
overboard with this kind of stuff. I think the current restrictions on 
the program are such--and there is no mandate for the projects like 
resurfacing or anything else that is new construction. And doing it, as 
appropriate, to state ``and including rest areas.''
  I think, because of all those things, I reluctantly oppose the 
gentlewoman's amendment.
  I reserve the balance of my time.
  Mrs. HARTZLER. Mr. Chair, I appreciate the gentleman's concerns. I, 
too, share his concern. I want to make sure that rest areas are still 
allowed.
  In fact, there is another provision in the code that does still allow 
and permit rest areas, for States to be able to build them. This 
amendment does not address that section. So there still would be that 
option.
  My amendment simply wants to make sure our highway tax dollars go 
where they are needed. This picture points out where they are needed 
and that 65 percent of our road system in our country now is in failing 
or is in bad condition.
  In fact, there are many, many deaths caused every year due to the 
crumbling of our highways. We also have 61,000 bridges that are 
considered structurally deficient.
  So this makes sure that our dollars that the people spend every time 
they go fill up their car with gas--that those highway road dollars 
will go to roads and they are not going to go to highway 
beautification.
  I ask for the support of my colleagues.
  I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chair, I yield myself such time as I may consume.
  Unfortunately, the Department of Transportation disagrees. We sent 
this language to them, and they said, yes, it appears, by repealing 23 
USC 319, the amendment would remove the Secretary's authority to 
approve, as part of the construction of Federal aid highways, the costs 
of landscape and roadside development, including acquisition and 
development of publicly

[[Page H7615]]

owned and controlled rest and recreation areas and sanitary and other 
facilities reasonably necessary to accommodate the traveling public.
  So I am pleased that it was not her intention. But, according to DOT, 
this amendment would do that, and that would be very deleterious to the 
traveling public. So I would oppose the amendment, as drafted.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Missouri (Mrs. Hartzler), as modified.
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mrs. HARTZLER. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Missouri 
will be postponed.


               Amendment No. 38 Offered by Mr. Farenthold

  The Acting CHAIR. It is now in order to consider amendment No. 38 
printed in part B of House Report 114-325.
  Mr. FARENTHOLD. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 229, line 23, strike the closing quotation marks and 
     final period.
       Page 229, after line 23, insert the following:
       ``(n) Operation of Vehicles on Certain Texas Highways.--If 
     any segment in Texas of United States Route 59, United States 
     Route 77, United States Route 281, United States Route 84, 
     Texas State Highway 44, or another roadway is designated as 
     Interstate Route 69, a vehicle that could operate legally on 
     that segment before the date of such designation may continue 
     to operate on that segment, without regard to any requirement 
     under this section.''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Texas (Mr. Farenthold) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. FARENTHOLD. Mr. Chairman, I yield myself 90 seconds.
  This bipartisan amendment would allow trucks with current weight 
exemptions to be allowed to continue to operate at those higher weight 
exemptions after certain segments of highways in Texas are reclassified 
and redesignate as Interstate 69.
  This language will not increase truck weights, nor will it allow for 
weight exemptions for new trucks. This is a narrow amendment that does 
not include new trucks. It only allows those that are currently 
operating to continue to operate.
  In the last omnibus, the State of Kentucky was able to include this 
exact language for their State whose industries were facing this exact 
problem. This amendment models Kentucky's language, except that it 
includes Texas highways.
  I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I claim the time in opposition, although I 
do not oppose the bill.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. I support the amendment.
  I yield back the balance of my time.
  Mr. FARENTHOLD. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Babin).
  Mr. BABIN. Mr. Chairman, every one of us on the Transportation and 
Infrastructure Committee hears a lot about trucks, bigger trucks and 
heavier trucks. I think by now it is safe to say that all 435 of us 
have heard a lot about trucks. It is a tough issue with strong feelings 
on both sides.
  But this amendment isn't talking about bigger trucks or heavier 
trucks, as my colleague, Mr. Farenthold, said. All we are talking about 
here is allowing the State of Texas, through a rigorous licensing and 
approval process, to keep the same weight limits that are in place 
right now for certain trucks on certain stretches of our road, not 
bigger, not heavier, but the same.
  Unless we get this amendment adopted, the new blue signs for 
Interstate 69 in East Texas won't just mean a new interstate. It could 
mean financial ruin for our loggers who already have a very thin profit 
margin and a very tough time for our timber industry.
  It will mean a dramatic decrease in the amount of weight that all the 
loggers can haul on their trucks, which they have been doing safely and 
effectively on these roads for generations, even back when these same 
Texas counties were represented by our colorful Texas Democrat 
Congressman, Timber Charlie Wilson.
  I am asking all of my colleagues, no matter where you stand on bigger 
trucks, to join me, Congressman Farenthold, and Congressman Gene Green 
in supporting this bipartisan amendment to allow the State of Texas to 
be treated in the exact same way that this same body treated the States 
of Kentucky and Mississippi just last year and help save these jobs.
  Mr. FARENTHOLD. Mr. Chairman, I would like to add it is not just the 
forestry industry as well. Various farm and ranch, cotton industries, 
in certain areas, especially in south Texas, as U.S. Highways 77 and 
281 are becoming Interstate 69, is making it very difficult for the 
very concrete trucks necessary to make improvements to those roads to 
travel on that road.
  So I urge my colleagues to support this amendment. I thank Chairman 
Shuster for his work on this bill and his not opposing this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Farenthold).
  The amendment was agreed to.


                 Amendment No. 39 Offered by Mr. Rooney

  The Acting CHAIR. It is now in order to consider amendment No. 39 
printed in part B of House Report 114-325.
  Mr. ROONEY of Florida. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of title I of division A, insert the following:

     SEC. __. VEHICLE WEIGHT LIMITATIONS FOR INTERSTATE SYSTEM 
                   HIGHWAYS.

       Section 127(a) of title 23, United States Code, as amended 
     by this Act, is further amended by adding at the end the 
     following:
       ``(15) Hauling of livestock.--A State may allow, by special 
     permit, the operation of vehicles with a gross vehicle weight 
     of up to 95,000 pounds for the hauling of livestock. The cost 
     of a special permit issued under this paragraph may not 
     exceed $200 per year for a livestock trailer.''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Florida (Mr. Rooney) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. ROONEY of Florida. Mr. Chairman, I rise today to ask my 
colleagues to support my amendment to H.R. 22, which would allow for 
States to give ranchers the flexibility they need in transporting 
livestock by truck.
  Today Florida is home to more than 1.7 million head of cattle. Of 
that, there are nearly 1 million head of beef cattle cared for by the 
15,000 beef producers across the State.
  Nationally, Florida comes in ninth place in overall cattle numbers. 
In fact, the top three ranking counties for cattle in my State are in 
my backyard, Okeechobee, Highlands, and Osceola Counties.
  Florida is what is referred to in the cattle industry as a cow-calf 
operation State. This means cows are bred and calved in Florida, but 
the calves are then shipped out West for development and processing. 
Because of this, our cattle ranchers and beef producers rely on the 
shipping of cattle through the State and across the country in order to 
succeed.
  Unlike most goods shipped by truck or rail, livestock needs special 
attention. That is why shipments are carefully organized to consider 
the needs and welfare of the animals being shipped. The livestock 
industry's goal is to move the cattle between locations safely and as 
fast as possible to minimize the stress on the animals.
  Unfortunately, this is where Washington regulations get in the way. 
The current gross weight limit restriction for all trucks on Federal 
highways is 80,000 pounds, which limits how many cows can be hauled in 
one load. This restriction results in a partially empty livestock 
trailer, increasing the needs for more shipments, and ends up putting 
more trucks on the road.
  The patchwork of State and national truck weight laws creates 
inefficiencies and forces livestock transporters to take indirect and 
longer routes.

[[Page H7616]]

  For cow-calf operations that rely on shipping their hauls nationwide, 
these constraints reduce the efficiency of their operation and reduce 
the slim profits for our hardworking ranchers.
  My amendment allows States to issue special permits for the 
transportation of livestock on trailers for up to 95,000 pounds. 
Focusing only on livestock shipping and allowing States to opt in to 
this program, my amendment would greatly benefit not only ranchers, but 
all American producers and consumers.
  This amendment means fewer trucks on the road and lower costs for 
transporting livestock. I encourage my colleagues to support my 
amendment and take overly restrictive government red tape out of the 
equation of beef production.
  My amendment is supported by the National Cattlemen's Beef 
Association, the oldest and largest national trade association 
supporting America's cattle producers.
  I encourage my colleagues to support this amendment and make 
Washington work for America's cattle ranchers instead of the other way 
around.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  Earlier this evening, an amendment was defeated to go to 90,000 
pounds. This would go to 95,000. At least the amendment on 90,000 had 
an additional axle, which made it compliant with the Federal bridge 
formula that is not causing undue damage every time a truck went over a 
bridge. This amendment does not require an additional axle and goes 
even 5,000 pounds higher.

                              {time}  1945

  So it would violate the Federal Bridge Formula, and Federal Highway 
says that it has estimated that a truck at this weight with the number 
of axles they have is currently paying about 43 percent of the cost of 
the damage they cause to the system, and that is an underpayment of 
about $6,000 a year. The bill does allow them to be charged another 
$200 a year, but that is a pretty big deficit with an already 
substantially deteriorated system.
  Raising truck weights is always a very controversial and difficult 
proposition because we have to look out for the taxpayers in terms of 
undue wear and tear to an already fragile and deteriorated system. 
140,000 bridges, as we mentioned numerous times already, need repair or 
replacement, and, unfortunately, I believe this would accelerate that 
problem. So I appreciate the gentleman's advocacy for a significant 
industry in his district, but I would have to oppose that increase.
  I reserve the balance of my time.
  Mr. ROONEY of Florida. Mr. Chairman, I would just say in response 
that, yes, the amendment increases the cap of weight on these trucks; 
but if we look at it from the standpoint of each individual State, 
including my own, we have to think about things like trucks hiding on 
local roads, and some of those bridges you were talking about that are 
most vulnerable are on those local roads. We also allow for States to 
be able to charge a small yearly fee to livestock haulers so that they 
can more efficiently transport their loads.
  So when we talk about actually reducing the number of trucks on the 
roads, getting them from outside of the shadows of these small, local 
county and municipal roads so that they are avoiding the interstates, 
plus the fee that we will be able to charge, I think that the overall 
result will be actual safer roadways.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, my State is unique. We actually have a weight mile 
formula we charge to the trucking industry. Federally, when I first 
served here, the industry tried to preempt it a number of times and 
never did. It is now widely recognized as one of the fairer systems in 
the States because it apportions according to scientifically based 
research, much of it done at Oregon State University in the labs there, 
the impacts of individual vehicles.
  In this case, DOT says that these vehicles would cause an additional 
$6,000-per-vehicle per-year damage on the Federal system, and they 
would be charged $200. I don't think that is a fair return to the 
taxpayer, and I urge Members to oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. ROONEY of Florida. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Rooney).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. ROONEY of Florida. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.


                Amendment No. 40 Offered by Mr. Rothfus

  The Acting CHAIR. It is now in order to consider amendment No. 40 
printed in part B of House Report 114-325.
  Mr. ROTHFUS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of Division A, add the 
     following:

     SEC. ___. EMERGENCY EXEMPTIONS.

       Any road, highway, railway, bridge, or transit facility 
     that is damaged by an emergency that is declared by the 
     Governor of the State and concurred in by the Secretary of 
     Homeland Security or declared as an emergency by the 
     President pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and 
     that is in operation or under construction on the date on 
     which the emergency occurs--
       (1) may be reconstructed in the same location with the same 
     capacity, dimensions, and design as before the emergency; and
       (2) shall be exempt from any environmental reviews, 
     approvals, licensing, and permit requirements under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (C) division A of subtitle III of title 54, United States 
     Code;
       (D) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (E) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (F) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (H) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetland); and
       (I) any Federal law (including regulations) requiring no 
     net loss of wetland.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Pennsylvania (Mr. Rothfus) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. ROTHFUS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today to discuss the need to help communities 
impacted by a national disaster get back on their feet without facing 
unnecessary regulatory obstacles. Families, businesses, and all members 
of the community may face significant challenges when the roads, 
bridges, transit, and other infrastructure they use on a daily basis 
are not acceptable and not repaired in a timely manner.
  We can all agree that we should do what we can to protect the 
environment from harm. However, we should carefully consider 
regulations currently in place that delay transportation infrastructure 
projects and remove or reform regulations that are inefficient, 
redundant, or harmful.
  I would include the redundant and time-consuming environmental 
reviews required for rebuilding disaster-damaged infrastructure in this 
category. Those who might argue there is already enough flexibility in 
current law, in communities to efficiently restore their critical 
infrastructure after a natural disaster or during a state of emergency 
should consider the following information from the Federal Highway 
Administration:
  FHA estimates that it takes an average of 58 months--that is almost 5 
years--for transportation projects to complete the NEPA process, and, 
since 2010, Federal permitting holdups have delayed at least nine 
transportation

[[Page H7617]]

projects in my State of Pennsylvania by more than a year.
  At the very least, we should consider removing reconstruction 
projects for critical disaster-damaged infrastructure from this drawn-
out process. No community trying to rebuild and restore its critical 
infrastructure after a natural disaster should have to endure such a 
long delay simply to rebuild infrastructure that has already been built 
before.
  My amendment, which was inspired by legislation introduced by Senator 
Toomey in the last Congress and Democratic Senator Ben Nelson before 
him, is intended to speed up reconstruction efforts. My proposal would 
exempt projects to rebuild any road, highway, railway, bridge, or 
transit facility that is damaged in a declared emergency from 
additional environmental permitting.
  Mr. Chairman, it is important to note that my amendment may only 
apply to projects where the same structure its being rebuilt. In other 
words, damaged infrastructure would need to be reconstructed in the 
same location and with the same capacity, dimensions, and design as 
before the emergency.
  It should be common sense that additional environmental reviews of 
this sort aren't a good use of taxpayer money and aren't helpful to 
disaster victims. Some commonsense streamlining is appropriate in these 
challenging cases. Because of this, this proposal has been supported by 
a number of groups, including CamTran, the transit agency for Cambria 
County, Pennsylvania; the National Association of Counties; the 
Pennsylvania Association of Township Supervisors; the Pennsylvania 
State Association of Boroughs; the County Commissioners Association of 
Pennsylvania; Southeast Pennsylvania Transit Authority; and National 
Stone, Sand & Gravel; as well as Americans for Prosperity.
  Mr. Chairman, I urge all my colleagues to advance this commonsense 
reform and help communities recover after natural disasters by voting 
``yea'' on my amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
  Actually, Mr. Chairman, most of the statutes that the gentleman is 
talking about already specifically have waivers and exceptions for 
natural disasters for emergency reconstruction under the Clean Water 
Act, under the Endangered Species Act, under NEPA just enacted 3 years 
ago in MAP-21, so this seems perhaps to be broader. I don't fully 
understand the implications. But if you look at the Minnesota bridge 
collapse, you look at the reconstruction of Vermont after the 
catastrophic hurricane flooding a few years ago, if you look at work in 
Louisiana, all these waivers were put into effect, and the projects 
were not unnecessarily delayed.
  This seems to be a broader and more general grant, and I don't fully 
understand the implications and feel it could potentially usurp 
necessary review, so I would oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. ROTHFUS. Mr. Chairman, this is a simple remedy to follow after a 
natural disaster. Again, I look at my State of Pennsylvania with its 
many valleys and riverbeds, and I look at the people supporting or who 
have supported this type of proposal before: again, the National 
Association of Counties, Pennsylvania Association of Township 
Supervisors, and Southeast Pennsylvania Transit Authority.
  We need to make sure that our communities have a robust capacity and 
ability to respond in the event of a disaster, and that is what the 
point of this amendment is.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Rothfus).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. ROTHFUS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Pennsylvania 
will be postponed.


               Amendment No. 41 Offered by Mr. DeSaulnier

  The Acting CHAIR. It is now in order to consider amendment No. 41 
printed in part B of House Report 114-325.
  Mr. DeSAULNIER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of Division A, add the 
     following:

     SEC. ___. ADDITIONAL REQUIREMENTS FOR CERTAIN TRANSPORTATION 
                   PROJECTS.

       (a) In General.--Section 106 of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(k) Megaprojects.--
       ``(1) Megaproject defined.--In this subsection, the term 
     `megaproject' means a project that has an estimated total 
     cost of $2,500,000,000 or more, and such other projects as 
     may be identified by the Secretary.
       ``(2) Comprehensive risk management plan.--A recipient of 
     Federal financial assistance under this title for a 
     megaproject shall, in order to be authorized for 
     construction, submit to the Secretary a comprehensive risk 
     management plan that contains--
       ``(A) a description of the process by which the recipient 
     will identify, quantify, and monitor the risks that might 
     result in cost overruns, project delays, reduced construction 
     quality, or reductions in benefits with respect to the 
     megaproject;
       ``(B) examples of mechanisms the recipient will use to 
     track risks identified pursuant to subparagraph (A);
       ``(C) a plan to control such risks; and
       ``(D) such assurances as the Secretary considers 
     appropriate that the recipient will, with respect to the 
     megaproject--
       ``(i) regularly submit to the Secretary updated cost 
     estimates; and
       ``(ii) maintain and regularly reassess financial reserves 
     for addressing known and unknown risks.
       ``(3) Peer review group.--
       ``(A) In general.--A recipient of Federal financial 
     assistance under this title for a megaproject shall, not 
     later than 90 days after the date when such megaproject is 
     authorized for construction, establish a peer review group 
     for such megaproject that consists of at least 5 individuals 
     (including at least 1 individual with project management 
     experience) to give expert advice on the scientific, 
     technical, and project management aspects of the megaproject.
       ``(B) Membership.--Not later than 180 days after the date 
     of the enactment of this subsection, the Secretary shall 
     establish guidelines describing how a recipient described in 
     subparagraph (A) shall--
       ``(i) recruit and select members for a peer review group 
     established under such subparagraph;
       ``(ii) ensure that no member of the peer group has a 
     conflict of interest relating to the project; and
       ``(iii) make publicly available the criteria for such 
     selection and the identity of members so selected.
       ``(C) Tasks.--A peer review group established under 
     subparagraph (A) by a recipient of Federal financial 
     assistance for a megaproject shall--
       ``(i) meet annually until completion of the megaproject;
       ``(ii) not later than 90 days after the date of the 
     establishment of the peer review group and not later than 90 
     days after the date of any significant change, as determined 
     by the Secretary, to the scope, schedule, or budget of the 
     megaproject, review the scope, schedule, and budget of the 
     megaproject, including planning, engineering, financing, and 
     any other elements determined appropriate by the Secretary; 
     and
       ``(iii) submit a report on the findings of each review 
     under clause (ii) to the Secretary, Congress, and the 
     recipient.
       ``(4) Transparency.--A recipient of Federal financial 
     assistance under this title for a megaproject shall publish 
     on the Internet Web site of such recipient--
       ``(A) the name, license number, and license type of each 
     engineer supervising an aspect of the megaproject; and
       ``(B) the report submitted under paragraph (3)(C)(iii), not 
     later than 90 days after such submission.''.
       (b) Applicability.--The amendment made by subsection (a) 
     applies with respect to projects that are authorized for 
     construction on or after the date that is 1 year after the 
     date of the enactment of this Act.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from California (Mr. DeSaulnier) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. DeSAULNIER. Mr. Chairman, this bipartisan amendment establishes 
an independent peer review group to assess the quality assurance, cost 
containment, and risk management and, in addition, creates a stricter 
cost

[[Page H7618]]

management plan for Federal transportation projects that cost over $2.5 
billion. So it is only Federal projects over $2.5 billion. It doesn't 
apply to anything below $2.5 billion.
  As we all know, large infrastructure projects are vital to our 
country's development and its economic growth. Unfortunately, 9 out of 
every 10 megaprojects experience cost overruns and suffer significant 
delays. This is according to an extensive research project out of 
Cambridge University in England. Current law already requires financial 
reporting for projects costing more than $500 million, but no 
additional oversight, such as what we have in this bill, exists for the 
largest and most complex megaprojects.
  Projects like the San Francisco-Oakland Bay Bridge, the I-265 bridge 
between Kentucky and Indiana, the Big Dig in Boston, the Tappan Zee 
Bridge in New York, and Denver International Airport--all of these 
projects would have benefited greatly from a comprehensive risk 
management plan and an independent peer review group, according to the 
experts.
  Mr. Chairman, the public deserves a system that manages costs, 
foresees risks, and holds decisionmakers accountable. In my prior life 
as a member of the California State Legislature and the State senate, 
we had a bipartisan investigation and public hearings as to what went 
wrong and what lessons could be learned from our overruns on the 
Oakland-San Francisco Bay Bridge replacement that was replaced, a 
project that was $5 billion overbudget and 10 years late.
  The project started, unfortunately, in 1989 because of the Loma 
Prieta earthquake. The idea in this bipartisan review was just to learn 
what we could from our experience and not to cast any judgments. 
Amongst the most significant things we were told were the 
implementation of a rigorous, with the least conflict of interest 
possible, peer review group and a more rigorous cost assessment and 
cost review process.
  Mr. Chairman, this amendment establishes that independent peer review 
group consisting of at least five individuals, without conflicts of 
interest, tasked with giving expert advice on scientific, technical, 
and management aspects of the megaproject. The amendment saves taxpayer 
dollars and reduces project timelines by requiring a comprehensive risk 
management plan that includes a description of identified risks 
associated with the project, proposed mechanisms to manage such risks, 
and updated cost estimates, among others.
  I urge my colleagues to support this commonsense bipartisan 
amendment.
  Mr. Chair, I yield 2 minutes to the gentleman from California (Mr. 
LaMalfa).
  Mr. LaMALFA. Mr. Chairman, I am pleased to join my colleague from 
California to support this effort to rein in cost overruns on large, 
complex projects that end up costing taxpayers far more than original 
estimates.
  Too often, extremely large projects suffer from extreme cost overruns 
that not only fail to provide good value to taxpayers, but damage other 
infrastructure by absorbing funds that could support other 
transportation projects.
  In California, for example, the State's high-speed rail proposal is 
estimated to cost over twice what voters were promised, and no honest 
observer actually believes that estimate is even high enough at twice. 
The project's growing costs threaten funding for every other aspect of 
California's transportation system, including key infrastructure that 
people are demanding like roads and highways, or in this time of record 
drought in California, with unlimited funds, maybe even for water 
storage projects in that area.
  Mr. Chairman, if this amendment were in place today, Congress would 
have the benefit of an independent peer review analysis when 
determining whether to provide funding, and the project would have 
prepared a detailed risk management plan to control costs--very similar 
to when I was a State senator in California, S. 22, to do this very 
same thing similarly on high-speed rail at the time.

                              {time}  2000

  Policymakers need accurate and partial information to make decisions, 
and this amendment will ensure that information is available.
  Mr. Chairman, I urge support for this amendment.
  Mr. SHUSTER. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. SHUSTER. Mr. Chairman, this amendment, I believe, is unnecessary. 
Special requirements and protections are already in place for any 
project costing more than $500 million, a much lower threshold than 
proposed by the gentleman's amendment.
  Each project must have a project management plan that documents 
procedures to manage the scope, costs, schedules, and Federal 
requirements applicable to the project. The plan must also document the 
role of the agency's leadership and the project management team in 
delivering the project.
  Each major project must have in place an annual financial plan that 
provides detailed estimates of the cost to complete the project, 
including future increases in the cost of the project.
  Again, it is already in the bill. It is at a much lower threshold 
than the gentleman's amendment.
  I urge all Members to oppose the amendment.
  I yield back the balance of my time.
  Mr. DeSAULNIER. Mr. Chairman, how much time do I have remaining?
  The Acting CHAIR (Mr. Chaffetz). The gentleman from California has 30 
seconds remaining.
  Mr. DeSAULNIER. Mr. Chairman, I want to thank the chairman. I also 
want to thank him for his coaching and helping me through a prospective 
working mistake.
  With all due respect--and, of course, the chairman is much more 
knowledgeable than I am--it is the intention at least of the author 
that this would be in addition to.
  I would respectfully ask for an ``aye'' vote.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. DeSaulnier).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DeSAULNIER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


                 Amendment No. 42 Offered by Mr. Beyer

  The Acting CHAIR. It is now in order to consider amendment No. 42 
printed in part B of House Report 114-325.
  Mr. BEYER. Mr. Chairman, I rise as the designee of the gentleman from 
Maryland. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle D of title I of Division A, add the 
     following:

     SEC. ___. REGULATION OF MOTOR CARRIERS OF PROPERTY.

       Section 14501(c)(2)(C) of title 49, United States Code, is 
     amended by striking ``the price of'' and all that follows 
     through ``transportation is'' and inserting ``the regulation 
     of tow truck operations''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Virginia (Mr. Beyer) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. BEYER. Mr. Chairman, I would like to begin by thanking Chairman 
Shuster and Ranking Member DeFazio for their hard work on the 
underlying bill and for considering Congressman Van Hollen's and my 
amendment.
  Our amendment is simple. It would merely restore the ability of State 
and local governments to regulate the tow truck industry.
  Through a provision slipped into the Federal Aviation Administration 
Act of 1994 that defined the tow truck industry as an interstate 
carrier, State and local regulation of tow truck operations has been 
preempted.
  But the very next year, passage of the Interstate Commerce 
Termination Act struck down the Federal regulatory body that was 
overseeing the towing industry. So it essentially left it without any 
oversight despite widely reported consumer abuses.

[[Page H7619]]

  In the years since, a number of conflicting court rulings have been 
made on cases between tow operators and localities. Some decisions have 
upheld some aspects of local regulations and others have stayed silent.
  With no Federal regulator and a confusing patchwork of Federal 
preemption and judicial rulings, no level of government has been able 
to adequately regulate the towing industry.
  This lack of regulatory authority has led to more than two decades of 
major misconduct by some unscrupulous towing companies, and these bad 
operators continue to taint an otherwise much-needed and respectable 
profession.
  State and localities are the logical towing regulators. They have an 
established body of law in place to do so.
  Mr. Chairman, in my family automobile business, we have long run our 
own tow trucks. We have contracted with independent tow truck companies 
for decades. Most of them are hardworking, honest, small businesses. 
They work long days and nights, weekends, in all kinds of weather, but 
they are given a bad name by the few, but real, irresponsible operators 
in the industry.
  I would just like to note our amendment is supported by the largest 
trade association representing small business trucking professionals 
and professional truck drivers, the Owner-Operator Independent Drivers 
Association.
  In their letter of support, they talk about nonconsensual tows and 
say:
  These are situations where there is no opportunity for motorists to 
negotiate services or compare prices among multiple towing operators. 
So it is critical that States have the ability to enact important 
consumer protections.
  I urge my colleagues to support this amendment and end unnecessary 
and impractical Federal overreach. Return this important authority to 
the States and help end our constituents' frustrations with abusive 
towing practices.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I claim the time in opposition, even 
though I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Mr. Chairman, I believe the gentleman's amendment is a 
sound amendment. I support it.
  I yield back the balance of my time.
  Mr. BEYER. Mr. Chairman, I thank the chair.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Beyer).
  The amendment was agreed to.


                  Amendment No. 43 Offered by Mr. Mica

  The Acting CHAIR. It is now in order to consider amendment No. 43 
printed in part B of House Report 114-325.
  Mr. MICA. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 229, after line 7, insert the following:
       ``(m) Operation of Certain Specialized Hauling Vehicles on 
     the Interstate.--
       ``(1) In general.--A State may not prohibit the operation 
     of an automobile transporter with a gross weight of 84,000 
     pounds or less on--
       ``(A) any segment of the Interstate System (except a 
     segment exempted under section 31111(f) of title 49); or
       ``(B) those classes of qualifying Federal-aid primary 
     highways designated by the Secretary under section 31111(e) 
     of title 49.
       ``(2) Reasonable access.--A state may not enact or enforce 
     a law denying reasonable access to automobile transporters, 
     to and from highways described in paragraph (1), to loading 
     or unloading points or facilities for food, fuel, repair, or 
     rest.
       ``(3) Axle weight tolerance.--A State shall allow an 
     automobile transporter a tolerance of no more than 5 percent 
     on axle weight limitations set forth in subsection (a).
       ``(4) Automobile transporter defined.--In this subsection, 
     the term `automobile transporter' has the meaning given that 
     term in section 31111(a) of title 49.''.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentleman 
from Florida (Mr. Mica) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. MICA. Mr. Chairman, my colleagues, I know the chairman and the 
ranking member have done yeoman's work in bringing this bill forward, 
and the staff have also done great work.
  This is a special achievement. I have been there and tried to do 
this, done it, and it is very difficult. Sometimes you try not to 
interfere in the process, but from time to time an issue comes up that 
you try to negotiate and make sense out of.
  My amendment is pretty simple. In the committee bill, the bill before 
us, the committee has already allowed for a very limited number of 
automobile transporter vehicles to increase their length from 75 to 80 
feet, some 5 feet, which will accommodate approximately one more 
vehicle.
  However, there is no consideration for the way to correspondingly 
provide for, again, the increase in the length. I have tried to 
negotiate between the industry. I do not support 91,000 pounds. I do 
not support 88,000 pounds. I do not support 86,000 pounds.
  What I said is: What would it take to transport one more vehicle? 
There are 12,000 of these vehicles across the country. About what 
weight would it take to add one more vehicle to the length that is 
already in this bill? And it is about 4,000 pounds.
  This amendment is simple. It says we would allow in this limited 
instance to go to 4,000 pounds because the committee draft and bill 
before us has, again, a provision to increase and allow, again, the 
additional 5-foot length.
  Forty percent of these carriers travel empty. We could actually force 
more vehicles on the road by not allowing this amendment. Actually, 
giving them the length, but not the capacity to carry, doesn't make 
sense. So that is my amendment.
  I reserve the balance of my time.
  Mrs. NAPOLITANO. Mr. Chairman, I claim the time in opposition.
  The Acting CHAIR. The gentlewoman from California is recognized for 5 
minutes.
  Mrs. NAPOLITANO. Mr. Chairman, I rise in opposition to this 
particular amendment offered by the gentleman from Florida (Mr. Mica).
  This amendment would raise the allowable gross vehicle weight of 
automobile transporters to 84,000 pounds, as was stated. It would also 
allow higher allowable axle weight, up to 5 percent above levels set in 
current law.
  We have agreed in the base bill to provide an exemption for the extra 
length to allow additional vehicles to be added to an automobile 
transporter.
  Amendments to raise truck weights are very controversial and have the 
potential to weaken support for an otherwise carefully negotiated bill.
  I ask my colleagues to vote ``no.''
  I yield back the balance of my time.
  Mr. MICA. Mr. Chairman, I am very disappointed that the other side of 
the aisle would not consider this a well-thought-out, reasonable 
amendment.
  The underlying bill does allow, again, 5 additional feet. It would 
accommodate another vehicle, but no accommodation for weight. That just 
does not make sense. We are talking about a very limited number of 
transporting vehicles.
  So even having offered on many occasions folks on the other side to 
present reasonable amendments and given that opportunity and not being 
allowed that tonight, Mr. Chairman, I ask unanimous consent to withdraw 
my amendment.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Florida?
  There was no objection.
  The Acting CHAIR. The amendment is withdrawn.


                Amendment No. 44 Offered by Ms. DelBene

  The Acting CHAIR. It is now in order to consider amendment No. 44 
printed in part B of House Report 114-325.
  Ms. DelBENE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 268, after line 17, insert the following:
       ``(E) Report to congress.--The Secretary shall make 
     publically available a report on the Frontline Workforce 
     Development Program for each fiscal year, not later than 
     December 31 of the year in which that fiscal year ends. The 
     report shall include a detailed description of activities 
     carried out under this paragraph, an evaluation of the 
     program, and policy recommendations to improve program 
     effectiveness.

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from Washington (Ms. DelBene) and a

[[Page H7620]]

Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Washington.
  Ms. DelBENE. Mr. Chairman, I would like to thank Chairman Shuster and 
Ranking Member DeFazio as well as subcommittee Chairman Graves and 
Ranking Member Holmes Norton for their work on this important bill. I 
would also like to thank Congresswoman Foxx for cosponsoring this 
amendment.
  This amendment is bipartisan, straightforward, and will ensure the 
Federal Government is getting the best return on our investment while 
helping the greatest number of people.
  The underlying bill provides grants through an innovative frontline 
workforce development program to train and recruit underrepresented 
populations for career pathways in transit maintenance and operations.
  By establishing apprenticeships and forging local and regional 
training partnerships, these grants will provide targeted, hands-on 
training for workers across the country. This is critical for 
identifying potential workforce shortages in the future and filling 
those gaps with skilled workers.
  Workforce development programs are often referred to as ladders of 
opportunity. Helping people find good-paying, long-term employment is 
the best way to ensure everyone has access to economic opportunities.
  The program included in today's bill is a great example of this. It 
will help low-income Americans become self-sufficient by giving them 
specialized training to secure a career in the transit field and 
increase their earning potential, and it will identify the best ways to 
help the most people succeed.
  My amendment would simply require a report on the frontline workforce 
development program for each fiscal year. The report would include an 
evaluation of the overall program and would include policy 
recommendations to improve the program's effectiveness.
  The amendment would not affect direct spending or revenue and is 
budget-neutral, according to the Congressional Budget Office.
  I firmly believe that this amendment improves the underlying bill, 
which will inject a sorely needed boost to our Nation's infrastructure 
and economy. I urge my colleagues to support this bipartisan amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I claim the time in opposition, even 
though I do not oppose the amendment.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. Mr. Chairman, I appreciate the gentlewoman's work on the 
amendment, and I support her amendment.
  I yield back the balance of my time.
  Ms. DelBENE. Mr. Chairman, I thank the gentleman for his support of 
the amendment and encourage others to support it.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Washington (Ms. DelBene).
  The amendment was agreed to.


              Amendment No. 45 Offered by Mrs. Napolitano

  The Acting CHAIR. It is now in order to consider amendment No. 45 
printed in part B of House Report 114-325.
  Mrs. NAPOLITANO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 184, line 22, strike ``and'' at the end.
       Page 185, line 7, strike ``and'' at the end.
       Page 185, after line 15, insert the following:
       (iv) by adding at the end the following:
       ``(G) Waiver.--
       ``(i) In general.--Upon the request of a public authority, 
     the Secretary may waive the requirements of subparagraph (E) 
     for a facility, and the corresponding program sanctions under 
     subparagraph (F), if the Secretary determines that--

       ``(I) the waiver is in the best interest of the traveling 
     public; and
       ``(II) the public authority has made a good faith effort to 
     improve the performance of the facility.

       ``(ii) Condition.--The Secretary may require, as a 
     condition of issuance of a waiver under this subparagraph, 
     that a public authority take additional actions, determined 
     by the Secretary, to improve the performance of the 
     facility.''; and

  The Acting CHAIR. Pursuant to House Resolution 507, the gentlewoman 
from California (Mrs. Napolitano) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from California.
  Mrs. NAPOLITANO. Mr. Chairman, I, too, want to give thanks to both 
Mr. Shuster and Mr. DeFazio for their great work on this bill. It is 
absolutely amazing. Thank you so very much.
  Mr. Chairman, this is a bipartisan amendment with Mr. Royce and Mr. 
Calvert and would allow a State or local transportation agency to apply 
for a waiver from the current HOV degradation standard if the Secretary 
of Transportation determines that a waiver is in the best interest of 
the traveling public and that the State or local agency has made a good 
faith effort to improve the performance of the HOV lane.

                              {time}  2015

  The Secretary may require the public authority to take additional 
actions to improve the HOV lane.
  The current HOV degradation standard requires HOV lanes to maintain 
an average speed above 45 miles per hour 90 percent of the time during 
peak hours. I repeat: during peak hours. This arbitrary standard does 
not take into consideration or account the specific transportation 
concerns of each State.
  Over 60 percent of California's highways are noncompliant by this 
Federal degradation standard, which means that California will be 
forced to spend limited resources on transportation projects that do 
not meet the needs of the general public. California will also have to 
reduce the amount of energy-efficient vehicles that it allows in the 
HOV lane.
  In California, we have studied the issue and have found that they do 
not meet the minimum driving speed standard because of accidents, 
weather events, and other unpredictable events. The degradation 
standard is supposed to address manageable recurring congestion, but 
California is noncompliant in the standard based on manageable traffic 
events.
  This amendment would allow the DOT to recognize that there are 
special circumstances in each State that lead to lane degradation and 
that they do not always include recurring congestion. The amendment 
would allow the DOT to grant waivers to States and local agencies that 
apply based on their local congestion concerns. It would protect States 
against a one-size-fits-all Federal policy that does not work for each 
State.
  I ask for the support of my amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I claim the time in opposition, although I 
am not opposed.
  The Acting CHAIR. Without objection, the gentleman from Pennsylvania 
is recognized for 5 minutes.
  There was no objection.
  Mr. SHUSTER. I thank the gentlewoman from California.
  Mr. Chairman, I understand that California has unique issues with HOV 
degradation, and I believe a waiver process is appropriate. One size 
does not fit all. I think this is another example we can all learn 
from. California is different from Pennsylvania. Pennsylvania is 
different from Minnesota.
  I appreciate the gentlewoman for continuing to fight for this 
amendment. I know that Mrs. Mimi Walters, from southern California, was 
also an advocate for this. We went back and forth on the negotiations 
as it was in one minute and out the next; but I appreciate your 
perseverance and Mrs. Mimi Walters' perseverance in that we were 
finally able to get this amendment to the floor and come to agreement 
on it. I support this amendment, and I think it is the right thing to 
do.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. NAPOLITANO. I thank the chairman for those kind words. I thank 
Mrs. Mimi Walters and Messrs. Royce and Calvert for their support of 
this amendment.
  I certainly look forward to continuing to work on transportation, and 
I thank the gentleman for hanging in there this late in the evening. I 
look forward to working with the gentleman and with Ranking Member 
DeFazio on this issue during the conference.

[[Page H7621]]

  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from California (Mrs. Napolitano).
  The amendment was agreed to.
  Mr. SHUSTER. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
McHenry) having assumed the chair, Mr. Chaffetz, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the Senate amendments 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, had come to no 
resolution thereon.

                          ____________________