[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.
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``(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.
____________________