[Congressional Record Volume 161, Number 173 (Tuesday, December 1, 2015)]
[House]
[Pages H8679-H8822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 22, SURFACE TRANSPORTATION REAUTHORIZATION 
                         AND REFORM ACT OF 2015

  Mr. SHUSTER submitted the following conference report and statement 
on the bill (H.R. 22) to authorize

[[Page H8680]]

funds for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes:

                Conference Report (to accompany H.R. 22)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the amendment of 
     the Senate to the bill (H.R. 22), to authorize funds for 
     Federal-aid highways, highway safety programs, and transmit 
     programs, and for other purposes, having met, after full and 
     free conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Fixing 
     America's Surface Transportation Act'' or the ``FAST Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                   DIVISION A--SURFACE TRANSPORTATION

Sec. 1001. Definitions.
Sec. 1002. Reconciliation of funds.
Sec. 1003. Effective date.
Sec. 1004. 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. Nationally significant freight and highway projects.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief for federally owned roads.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. Bundling of bridge projects.
Sec. 1112. Construction of ferry boats and ferry terminal facilities.
Sec. 1113. Highway safety improvement program.
Sec. 1114. Congestion mitigation and air quality improvement program.
Sec. 1115. Territorial and Puerto Rico highway program.
Sec. 1116. National highway freight program.
Sec. 1117. Federal lands and tribal transportation programs.
Sec. 1118. Tribal transportation program amendment.
Sec. 1119. Federal lands transportation program.
Sec. 1120. Federal lands programmatic activities.
Sec. 1121. Tribal transportation self-governance program.
Sec. 1122. State flexibility for National Highway System modifications.
Sec. 1123. Nationally significant Federal lands and tribal projects 
              program.

            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. Clarification of transportation environmental authorities.
Sec. 1303. Treatment of certain bridges under preservation 
              requirements.
Sec. 1304. Efficient environmental reviews for project decisionmaking.
Sec. 1305. Integration of planning and environmental review.
Sec. 1306. Development of programmatic mitigation plans.
Sec. 1307. Technical assistance for States.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Program for eliminating duplication of environmental 
              reviews.
Sec. 1310. Application of categorical exclusions for multimodal 
              projects.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Improving State and Federal agency engagement in 
              environmental reviews.
Sec. 1313. Aligning Federal environmental reviews.
Sec. 1314. Categorical exclusion for projects of limited Federal 
              assistance.
Sec. 1315. Programmatic agreement template.
Sec. 1316. Assumption of authorities.
Sec. 1317. Modernization of the environmental review process.
Sec. 1318. Assessment of progress on accelerating project delivery.

                       Subtitle D--Miscellaneous

Sec. 1401. Prohibition on the use of funds for automated traffic 
              enforcement.
Sec. 1402. Highway Trust Fund transparency and accountability.
Sec. 1403. Additional deposits into Highway Trust Fund.
Sec. 1404. Design standards.
Sec. 1405. Justification reports for access points on the Interstate 
              System.
Sec. 1406. Performance period adjustment.
Sec. 1407. Vehicle-to-infrastructure equipment.
Sec. 1408. Federal share payable.
Sec. 1409. Milk products.
Sec. 1410. Interstate weight limits.
Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and 
              rehabilitation.
Sec. 1412. Projects for public safety relating to idling trains.
Sec. 1413. National electric vehicle charging and hydrogen, propane, 
              and natural gas fueling corridors.
Sec. 1414. Repeat offender criteria.
Sec. 1415. Administrative provisions to encourage pollinator habitat 
              and forage on transportation rights-of-way.
Sec. 1416. High priority corridors on National Highway System.
Sec. 1417. Work zone and guard rail safety training.
Sec. 1418. Consolidation of programs.
Sec. 1419. Elimination or modification of certain reporting 
              requirements.
Sec. 1420. Flexibility for projects.
Sec. 1421. Productive and timely expenditure of funds.
Sec. 1422. Study on performance of bridges.
Sec. 1423. Relinquishment of park-and-ride lot facilities.
Sec. 1424. Pilot program.
Sec. 1425. Service club, charitable association, or religious service 
              signs.
Sec. 1426. Motorcyclist advisory council.
Sec. 1427. Highway work zones.
Sec. 1428. Use of durable, resilient, and sustainable materials and 
              practices.
Sec. 1429. Identification of roadside highway safety hardware devices.
Sec. 1430. Use of modeling and simulation technology.
Sec. 1431. National Advisory Committee on Travel and Tourism 
              Infrastructure.
Sec. 1432. Emergency exemptions.
Sec. 1433. Report on Highway Trust Fund administrative expenditures.
Sec. 1434. Availability of reports.
Sec. 1435. Appalachian development highway system.
Sec. 1436. Appalachian regional development program.
Sec. 1437. Border State infrastructure.
Sec. 1438. Adjustments.
Sec. 1439. Elimination of barriers to improve at-risk bridges.
Sec. 1440. At-risk project preagreement authority.
Sec. 1441. Regional infrastructure accelerator demonstration program.
Sec. 1442. Safety for users.
Sec. 1443. Sense of Congress.
Sec. 1444. Every Day Counts initiative.
Sec. 1445. Water infrastructure finance and innovation.
Sec. 1446. Technical corrections.

                  TITLE II--INNOVATIVE PROJECT FINANCE

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
              1998 amendments.
Sec. 2002. 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. 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. Private sector participation.
Sec. 3011. General provisions.
Sec. 3012. Project management oversight.
Sec. 3013. Public transportation safety program.
Sec. 3014. Apportionments.
Sec. 3015. State of good repair grants.
Sec. 3016. Authorizations.
Sec. 3017. Grants for buses and bus facilities.
Sec. 3018. Obligation ceiling.
Sec. 3019. Innovative procurement.
Sec. 3020. Review of public transportation safety standards.
Sec. 3021. Study on evidentiary protection for public transportation 
              safety program information.
Sec. 3022. Improved public transportation safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.
Sec. 3024. Report on potential of Internet of Things.
Sec. 3025. Report on parking safety.
Sec. 3026. Appointment of directors of Washington Metropolitan Area 
              Transit Authority.
Sec. 3027. Effectiveness of public transportation changes and funding.
Sec. 3028. Authorization of grants for positive train control.
Sec. 3029. Amendment to title 5.
Sec. 3030. Technical and conforming changes.

                    TITLE IV--HIGHWAY TRAFFIC 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. Tracking process.
Sec. 4007. Stop motorcycle checkpoint funding.
Sec. 4008. Marijuana-impaired driving.
Sec. 4009. Increasing public awareness of the dangers of drug-impaired 
              driving.
Sec. 4010. National priority safety program grant eligibility.
Sec. 4011. Data collection.
Sec. 4012. Study on the national roadside survey of alcohol and drug 
              use by drivers.

[[Page H8681]]

Sec. 4013. Barriers to data collection report.
Sec. 4014. Technical corrections.
Sec. 4015. Effective date for certain programs.

                     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.
Sec. 5205. Inspector standards.
Sec. 5206. Applications.

           Part II--Compliance, Safety, Accountability Reform

Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Data improvement.
Sec. 5225. Accident review.

              Subtitle C--Commercial Motor Vehicle Safety

Sec. 5301. Windshield technology.
Sec. 5302. Prioritizing statutory rulemakings.
Sec. 5303. Safety reporting system.
Sec. 5304. New entrant safety review program.
Sec. 5305. High risk carrier reviews.
Sec. 5306. Post-accident report review.
Sec. 5307. Implementing safety requirements.

              Subtitle D--Commercial Motor Vehicle Drivers

Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Medical certification of veterans for commercial driver's 
              licenses.
Sec. 5404. Commercial driver pilot program.

                     Subtitle E--General Provisions

Sec. 5501. Delays in goods movement.
Sec. 5502. Emergency route working group.
Sec. 5503. Household goods consumer protection working group.
Sec. 5504. Technology improvements.
Sec. 5505. Notification regarding motor carrier registration.
Sec. 5506. Report on commercial driver's license skills test delays.
Sec. 5507. Electronic logging device requirements.
Sec. 5508. Technical corrections.
Sec. 5509. Minimum financial responsibility.
Sec. 5510. Safety study regarding double-decker motorcoaches.
Sec. 5511. GAO review of school bus safety.
Sec. 5512. Access to National Driver Register.
Sec. 5513. Report on design and implementation of wireless roadside 
              inspection systems.
Sec. 5514. Regulation of tow truck operations.
Sec. 5515. Study on commercial motor vehicle driver commuting.
Sec. 5516. Additional State authority.
Sec. 5517. Report on motor carrier financial responsibility.
Sec. 5518. Covered farm vehicles.
Sec. 5519. Operators of hi-rail vehicles.
Sec. 5520. Automobile transporter.
Sec. 5521. Ready mix concrete delivery vehicles.
Sec. 5522. Transportation of construction materials and equipment.
Sec. 5523. Commercial delivery of light- and medium-duty trailers.
Sec. 5524. Exemptions from requirements for certain welding trucks used 
              in pipeline industry.
Sec. 5525. Report.

                          TITLE VI--INNOVATION

Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Technology and innovation deployment program.
Sec. 6004. Advanced transportation and congestion management 
              technologies deployment.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system purposes.
Sec. 6007. Intelligent transportation system program report.
Sec. 6008. Intelligent transportation system national architecture and 
              standards.
Sec. 6009. Communication systems deployment report.
Sec. 6010. Infrastructure development.
Sec. 6011. Departmental research programs.
Sec. 6012. Research and Innovative Technology Administration.
Sec. 6013. Web-based training for emergency responders.
Sec. 6014. Hazardous materials research and development.
Sec. 6015. Office of Intermodalism.
Sec. 6016. University transportation centers.
Sec. 6017. Bureau of Transportation Statistics.
Sec. 6018. Port performance freight statistics program.
Sec. 6019. Research planning.
Sec. 6020. Surface transportation system funding alternatives.
Sec. 6021. Future interstate study.
Sec. 6022. Highway efficiency.
Sec. 6023. Transportation technology policy working group.
Sec. 6024. Collaboration and support.
Sec. 6025. GAO report.
Sec. 6026. Traffic congestion.
Sec. 6027. Smart cities transportation planning study.
Sec. 6028. Performance management data support program.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Short title.

                       Subtitle A--Authorizations

Sec. 7101. Authorization of appropriations.

         Subtitle B--Hazardous Material Safety and Improvement

Sec. 7201. National emergency and disaster response.
Sec. 7202. Motor carrier safety permits.
Sec. 7203. Improving the effectiveness of planning and training grants.
Sec. 7204. Improving publication of special permits and approvals.
Sec. 7205. Enhanced reporting.
Sec. 7206. Wetlines.
Sec. 7207. GAO study on acceptance of classification examinations.
Sec. 7208. Hazardous materials endorsement exemption.

      Subtitle C--Safe Transportation of Flammable Liquids by Rail

Sec. 7301. Community safety grants.
Sec. 7302. Real-time emergency response information.
Sec. 7303. Emergency response.
Sec. 7304. Phase-out of all tank cars used to transport Class 3 
              flammable liquids.
Sec. 7305. Thermal blankets.
Sec. 7306. Minimum requirements for top fittings protection for class 
              DOT-117R tank cars.
Sec. 7307. Rulemaking on oil spill response plans.
Sec. 7308. Modification reporting.
Sec. 7309. Report on crude oil characteristics research study.
Sec. 7310. Hazardous materials by rail liability study.
Sec. 7311. Study and testing of electronically controlled pneumatic 
              brakes.

             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.

                             TITLE XI--RAIL

Sec. 11001. Short title.

                       Subtitle A--Authorizations

Sec. 11101. Authorization of grants to Amtrak.
Sec. 11102. Consolidated rail infrastructure and safety improvements.
Sec. 11103. Federal-State partnership for state of good repair.
Sec. 11104. Restoration and enhancement grants.
Sec. 11105. Authorization of appropriations for Amtrak Office of 
              Inspector General.
Sec. 11106. Definitions.

                       Subtitle B--Amtrak Reforms

Sec. 11201. Accounts.
Sec. 11202. Amtrak grant process.
Sec. 11203. 5-year business line and asset plans.
Sec. 11204. State-supported route committee.
Sec. 11205. Composition of Amtrak's Board of Directors.
Sec. 11206. Route and service planning decisions.
Sec. 11207. Food and beverage reform.
Sec. 11208. Rolling stock purchases.
Sec. 11209. Local products and promotional events.
Sec. 11210. Amtrak pilot program for passengers transporting 
              domesticated cats and dogs.
Sec. 11211. Right-of-way leveraging.
Sec. 11212. Station development.
Sec. 11213. Amtrak boarding procedures.
Sec. 11214. Amtrak debt.
Sec. 11215. Elimination of duplicative reporting.

              Subtitle C--Intercity Passenger Rail Policy

Sec. 11301. Consolidated rail infrastructure and safety improvements.
Sec. 11302. Federal-State partnership for state of good repair.
Sec. 11303. Restoration and enhancement grants.
Sec. 11304. Gulf Coast rail service working group.
Sec. 11305. Northeast Corridor Commission.
Sec. 11306. Northeast corridor planning.
Sec. 11307. Competition.
Sec. 11308. Performance-based proposals.
Sec. 11309. Large capital project requirements.
Sec. 11310. Small business participation study.
Sec. 11311. Shared-use study.
Sec. 11312. Northeast Corridor through-ticketing and procurement 
              efficiencies.
Sec. 11313. Data and analysis.
Sec. 11314. Amtrak Inspector General.
Sec. 11315. Miscellaneous provisions.
Sec. 11316. Technical and conforming amendments.

                           Subtitle D--Safety

Sec. 11401. Highway-rail grade crossing safety.
Sec. 11402. Private highway-rail grade crossings.
Sec. 11403. Study on use of locomotive horns at highway-rail grade 
              crossings.
Sec. 11404. Positive train control at grade crossings effectiveness 
              study.
Sec. 11405. Bridge inspection reports.
Sec. 11406. Speed limit action plans.

[[Page H8682]]

Sec. 11407. Alerters.
Sec. 11408. Signal protection.
Sec. 11409. Commuter rail track inspections.
Sec. 11410. Post-accident assessment.
Sec. 11411. Recording devices.
Sec. 11412. Railroad police officers.
Sec. 11413. Repair and replacement of damaged track inspection 
              equipment.
Sec. 11414. Report on vertical track deflection.
Sec. 11415. Rail passenger liability.

                      Subtitle E--Project Delivery

Sec. 11501. Short title.
Sec. 11502. Treatment of improvements to rail and transit under 
              preservation requirements.
Sec. 11503. Efficient environmental reviews.
Sec. 11504. Railroad rights-of-way.

                         Subtitle F--Financing

Sec. 11601. Short title; references.
Sec. 11602. Definitions.
Sec. 11603. Eligible applicants.
Sec. 11604. Eligible purposes.
Sec. 11605. Program administration.
Sec. 11606. Loan terms and repayment.
Sec. 11607. Credit risk premiums.
Sec. 11608. Master credit agreements.
Sec. 11609. Priorities and conditions.
Sec. 11610. Savings provisions.
Sec. 11611. Report on leveraging RRIF.

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

                    TITLE XXIV--MOTOR VEHICLE SAFETY

                       Subtitle A--Vehicle Safety

Sec. 24101. Authorization of appropriations.
Sec. 24102. Inspector general recommendations.
Sec. 24103. Improvements in availability of recall information.
Sec. 24104. Recall process.
Sec. 24105. Pilot grant program for state notification to consumers of 
              motor vehicle recall status.
Sec. 24106. Recall obligations under bankruptcy.
Sec. 24107. Dealer requirement to check for open recall.
Sec. 24108. Extension of time period for remedy of tire defects.
Sec. 24109. Rental car safety.
Sec. 24110. Increase in civil penalties for violations of motor vehicle 
              safety.
Sec. 24111. Electronic odometer disclosures.
Sec. 24112. Corporate responsibility for NHTSA reports.
Sec. 24113. Direct vehicle notification of recalls.
Sec. 24114. Unattended children warning.
Sec. 24115. Tire pressure monitoring system.
Sec. 24116. Information regarding components involved in recall.

      Subtitle B--Research And Development And Vehicle Electronics

Sec. 24201. Report on operations of the council for vehicle 
              electronics, vehicle software, and emerging technologies.
Sec. 24202. Cooperation with foreign governments.

                  Subtitle C--Miscellaneous Provisions

                   Part I--DRIVER PRIVACY ACT OF 2015

Sec. 24301. Short title.
Sec. 24302. Limitations on data retrieval from vehicle event data 
              recorders.
Sec. 24303. Vehicle event data recorder study.

         Part II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

Sec. 24321. Short title.
Sec. 24322. Passenger motor vehicle information.

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

Sec. 24331. Short title.
Sec. 24332. Tire fuel efficiency minimum performance standards.
Sec. 24333. Tire registration by independent sellers.
Sec. 24334. Tire identification study and report.
Sec. 24335. Tire recall database.

                   Part IV--ALTERNATIVE FUEL VEHICLES

Sec. 24341. Regulatory parity for natural gas vehicles.

             Part V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

Sec. 24351. Short title.
Sec. 24352. Motor vehicle safety whistleblower incentives and 
              protections.

            Subtitle D--Additional Motor Vehicle Provisions

Sec. 24401. Required reporting of NHTSA agenda.
Sec. 24402. Application of remedies for defects and noncompliance.
Sec. 24403. Retention of safety records by manufacturers.
Sec. 24404. Nonapplication of prohibitions relating to noncomplying 
              motor vehicles to vehicles used for testing or 
              evaluation.
Sec. 24405. Treatment of low-volume manufacturers.
Sec. 24406. Motor vehicle safety guidelines.
Sec. 24407. Improvement of data collection on child occupants in 
              vehicle crashes.

                          DIVISION C--FINANCE

            TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

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

Sec. 31101. Extension of Highway Trust Fund expenditure authority.
Sec. 31102. Extension of highway-related taxes.

         Subtitle B--Additional Transfers to Highway Trust Fund

Sec. 31201. Further additional transfers to trust fund.
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle 
              safety penalties.
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust 
              Fund.

                          TITLE XXXII--OFFSETS

                       Subtitle A--Tax Provisions

Sec. 32101. Revocation or denial of passport in case of certain unpaid 
              taxes.
Sec. 32102. Reform of rules relating to qualified tax collection 
              contracts.
Sec. 32103. Special compliance personnel program.
Sec. 32104. Repeal of modification of automatic extension of return due 
              date for certain employee benefit plans.

                     Subtitle B--Fees and Receipts

Sec. 32201. Adjustment for inflation of fees for certain customs 
              services.
Sec. 32202. Limitation on surplus funds of Federal reserve banks.
Sec. 32203. Dividends of Federal reserve banks.
Sec. 32204. Strategic Petroleum Reserve drawdown and sale.
Sec. 32205. Repeal.

                          Subtitle C--Outlays

Sec. 32301. Interest on overpayment.

                     Subtitle D--Budgetary Effects

Sec. 32401. Budgetary effects.

                       DIVISION D--MISCELLANEOUS

               TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

Sec. 41001. Definitions.
Sec. 41002. Federal Permitting Improvement Council.
Sec. 41003. Permitting process improvement.
Sec. 41004. Interstate compacts.
Sec. 41005. Coordination of required reviews.
Sec. 41006. Delegated State permitting programs.
Sec. 41007. Litigation, judicial review, and savings provision.
Sec. 41008. Reports.
Sec. 41009. Funding for governance, oversight, and processing of 
              environmental reviews and permits.
Sec. 41010. Application.
Sec. 41011. GAO Report.
Sec. 41012. Savings provision.
Sec. 41013. Sunset.
Sec. 41014. Placement.

                   TITLE XLII--ADDITIONAL PROVISIONS

Sec. 42001. GAO report on refunds to registered vendors of kerosene 
              used in noncommercial aviation.

      TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

Sec. 43001. Payments from Abandoned Mine Reclamation Fund.

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

Sec. 50001. Short title.

 TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

Sec. 51001. Reduction in authorized amount of outstanding loans, 
              guarantees, and insurance.
Sec. 51002. Increase in loss reserves.
Sec. 51003. Review of fraud controls.
Sec. 51004. Office of Ethics.
Sec. 51005. Chief Risk Officer.
Sec. 51006. Risk Management Committee.
Sec. 51007. Independent audit of bank portfolio.
Sec. 51008. Pilot program for reinsurance.

             TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

Sec. 52001. Increase in small business lending requirements.
Sec. 52002. Report on programs for small- and medium-sized businesses.

                TITLE LIII--MODERNIZATION OF OPERATIONS

Sec. 53001. Electronic payments and documents.
Sec. 53002. Reauthorization of information technology updating.

                     TITLE LIV--GENERAL PROVISIONS

Sec. 54001. Extension of authority.
Sec. 54002. Certain updated loan terms and amounts.

                        TITLE LV--OTHER MATTERS

Sec. 55001. Prohibition on discrimination based on industry.
Sec. 55002. Negotiations to end export credit financing.
Sec. 55003. Study of financing for information and communications 
              technology systems.

                      DIVISION F--ENERGY SECURITY

Sec. 61001. Emergency preparedness for energy supply disruptions.
Sec. 61002. Resolving environmental and grid reliability conflicts.
Sec. 61003. Critical electric infrastructure security.
Sec. 61004. Strategic Transformer Reserve.
Sec. 61005. Energy security valuation.

                     DIVISION G--FINANCIAL SERVICES

 TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

Sec. 71001. Filing requirement for public filing prior to public 
              offering.
Sec. 71002. Grace period for change of status of emerging growth 
              companies.
Sec. 71003. Simplified disclosure requirements for emerging growth 
              companies.

        TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

Sec. 72001. Summary page for form 10-K.
Sec. 72002. Improvement of regulation S-K.
Sec. 72003. Study on modernization and simplification of regulation S-
              K.

 TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND 
                              COST SAVINGS

Sec. 73001. Technical corrections.

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Sec. 73002. American Eagle Silver Bullion 30th Anniversary.

                   TITLE LXXIV--SBIC ADVISERS RELIEF

Sec. 74001. Advisers of SBICs and venture capital funds.
Sec. 74002. Advisers of SBICs and private funds.
Sec. 74003. Relationship to State law.

             TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

Sec. 75001. Exception to annual privacy notice requirement under the 
              Gramm-Leach-Bliley Act.

  TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

Sec. 76001. Exempted transactions.

     TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

Sec. 77001. Distributions and residual receipts.
Sec. 77002. Future refinancings.
Sec. 77003. Implementation.

            TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

Sec. 78001. Reviews of family incomes.

               TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

Sec. 79001. Authority to administer rental assistance.
Sec. 79002. Reallocation of funds.

                  TITLE LXXX--CHILD SUPPORT ASSISTANCE

Sec. 80001. Requests for consumer reports by State or local child 
              support enforcement agencies.

               TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

Sec. 81001. Budget-neutral demonstration program for energy and water 
              conservation improvements at multifamily residential 
              units.

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

Sec. 82001. Privately insured credit unions authorized to become 
              members of a Federal home loan bank.
Sec. 82002. GAO Report.

              TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

Sec. 83001. Smaller institutions qualifying for 18-month examination 
              cycle.

            TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

Sec. 84001. Forward incorporation by reference for Form S-1.

    TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

Sec. 85001. Registration threshold for savings and loan holding 
              companies.

          TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

Sec. 86001. Repeal.

   TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER 
                              INSTITUTIONS

Sec. 87001. Date for determining consolidated assets.

               TITLE LXXXVIII--STATE LICENSING EFFICIENCY

Sec. 88001. Short title.
Sec. 88002. Background checks.

  TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

Sec. 89001. Short title.
Sec. 89002. Designation of rural area.
Sec. 89003. Operations in rural areas.

                   DIVISION A--SURFACE TRANSPORTATION

     SEC. 1001. DEFINITIONS.

       In this division, 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. 1002. RECONCILIATION OF FUNDS.

       The Secretary shall reduce the amount apportioned or 
     allocated for a program, project, or activity under titles I 
     and VI of this Act in fiscal year 2016 by amounts apportioned 
     or allocated pursuant to any extension Act of MAP-21, 
     including the amendments made by that extension Act, during 
     the period beginning on October 1, 2015, and ending on the 
     date of enactment of this Act. For purposes of making such 
     reductions, funds set aside pursuant to section 133(h) of 
     title 23, United States Code, as amended by this Act, shall 
     be reduced by the amount set aside pursuant to section 213 of 
     such title, as in effect on the day before the date of 
     enactment of this Act.

     SEC. 1003. EFFECTIVE DATE.

       Except as otherwise provided, this division, including the 
     amendments made by this division, takes effect on October 1, 
     2015.

     SEC. 1004. 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, the national highway freight 
     program under section 167 of that title, and to carry out 
     section 134 of that title--
       (A) $39,727,500,000 for fiscal year 2016;
       (B) $40,547,805,000 for fiscal year 2017;
       (C) $41,424,020,075 for fiscal year 2018;
       (D) $42,358,903,696 for fiscal year 2019; and
       (E) $43,373,294,311 for fiscal year 2020.
       (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--
       (A) $275,000,000 for fiscal year 2016;
       (B) $275,000,000 for fiscal year 2017;
       (C) $285,000,000 for fiscal year 2018;
       (D) $300,000,000 for fiscal year 2019; and
       (E) $300,000,000 for fiscal year 2020.
       (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; and
       (v) $505,000,000 for fiscal year 2020.
       (B) Federal lands transportation program.--
       (i) In general.--For the Federal lands transportation 
     program under section 203 of title 23, United States Code--

       (I) $335,000,000 for fiscal year 2016;
       (II) $345,000,000 for fiscal year 2017;
       (III) $355,000,000 for fiscal year 2018;
       (IV) $365,000,000 for fiscal year 2019; and
       (V) $375,000,000 for fiscal year 2020.

       (ii) Allocation.--Of the amount made available for a fiscal 
     year under clause (i)--

       (I) the amount for the National Park Service is--

       (aa) $268,000,000 for fiscal year 2016;
       (bb) $276,000,000 for fiscal year 2017;
       (cc) $284,000,000 for fiscal year 2018;
       (dd) $292,000,000 for fiscal year 2019; and
       (ee) $300,000,000 for fiscal year 2020.

       (II) the amount for the United States Fish and Wildlife 
     Service is $30,000,000 for each of fiscal years 2016 through 
     2020; 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; and
       (ee) $19,000,000 for fiscal year 2020.
       (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; and
       (v) $270,000,000 for fiscal year 2020.
       (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 2020.
       (5) Nationally significant freight and highway projects.--
     For nationally significant freight and highway projects under 
     section 117 of title 23, United States Code--
       (A) $800,000,000 for fiscal year 2016;
       (B) $850,000,000 for fiscal year 2017;
       (C) $900,000,000 for fiscal year 2018;
       (D) $950,000,000 for fiscal year 2019; and
       (E) $1,000,000,000 for fiscal year 2020.
       (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

[[Page H8684]]

     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 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.
       (8) Sense of congress on prompt payment of dbe 
     subcontractors.--It is the sense of Congress that--
       (A) the Secretary should take additional steps to ensure 
     that recipients comply with section 26.29 of title 49, Code 
     of Federal Regulations (the disadvantaged business 
     enterprises prompt payment rule), or any corresponding 
     regulation, in awarding federally funded transportation 
     contracts under laws and regulations administered by the 
     Secretary; and
       (B) such additional steps should include increasing the 
     Department's ability to track and keep records of complaints 
     and to make that information publicly available.

     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) $42,361,000,000 for fiscal year 2016;
       (2) $43,266,100,000 for fiscal year 2017;
       (3) $44,234,212,000 for fiscal year 2018;
       (4) $45,268,596,000 for fiscal year 2019; and
       (5) $46,365,092,000 for fiscal year 2020.
       (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 2020, 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 2020, 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 2020--
       (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.

[[Page H8685]]

       (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 2020, 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--
       ``(A) $453,000,000 for fiscal year 2016;
       ``(B) $459,795,000 for fiscal year 2017;
       ``(C) $466,691,925 for fiscal year 2018;
       ``(D) $473,692,304 for fiscal year 2019; and
       ``(E) $480,797,689 for fiscal year 2020.''.
       (b) Division Among Programs of State's Share of Base 
     Apportionment.--Section 104(b) of title 23, United States 
     Code, is amended--
       (1) by striking ``(b) Division of'' and all that follows 
     before paragraph (1) and inserting the following:
       ``(b) Division Among Programs of State's Share of Base 
     Apportionment.--The Secretary shall distribute the amount of 
     the base apportionment apportioned to a State for a fiscal 
     year under subsection (c) among the national highway 
     performance program, the surface transportation block grant 
     program, the highway safety improvement program, the 
     congestion mitigation and air quality improvement program, 
     the national highway freight program, and to carry out 
     section 134 as follows:'';
       (2) in paragraphs (1), (2), and (3) by striking 
     ``paragraphs (4) and (5)'' each place it appears and 
     inserting ``paragraphs (4), (5), and (6)'';
       (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'';
       (4) in paragraph (4), in the matter preceding subparagraph 
     (A), by striking ``the amount determined for the State under 
     subsection (c)'' and inserting ``the amount of the base 
     apportionment remaining for the State under subsection (c) 
     after making the set aside in accordance with paragraph 
     (5)'';
       (5) by redesignating paragraph (5) as paragraph (6);
       (6) by inserting after paragraph (4) the following:
       ``(5) National highway freight program.--
       ``(A) In general.--For the national highway freight program 
     under section 167, the Secretary shall set aside from the 
     base apportionment 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 highway freight program for all States shall be--
       ``(i) $1,150,000,000 for fiscal year 2016;
       ``(ii) $1,100,000,000 for fiscal year 2017;
       ``(iii) $1,200,000,000 for fiscal year 2018;
       ``(iv) $1,350,000,000 for fiscal year 2019; and
       ``(v) $1,500,000,000 for fiscal year 2020.
       ``(C) State share.--For each fiscal year, the Secretary 
     shall distribute among the States the total set-aside amount 
     for the national highway freight program under subparagraph 
     (B) so that each State receives the amount equal to the 
     proportion that--
       ``(i) the total base apportionment determined for the State 
     under subsection (c); bears to
       ``(ii) the total base apportionments for all States under 
     subsection (c).
       ``(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
       (7) in paragraph (6) (as so redesignated), in the matter 
     preceding subparagraph (A), by striking ``the amount 
     determined for the State under subsection (c)'' and inserting 
     ``the amount of the base apportionment remaining for a State 
     under subsection (c) after making the set aside in accordance 
     with paragraph (5)''.
       (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 
     2020, 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 2020, 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, the national highway freight program under 
     section 167, 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; and
       ``(ii) $66,717,816 for fiscal year 2020.
       ``(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--
       ``(i) $835,000,000 for each of fiscal years 2016 and 2017 
     pursuant to section 133(h), plus--

       ``(I) $55,426,310 for fiscal year 2016; and
       ``(II) $89,289,904 for fiscal year 2017; and

       ``(ii) $850,000,000 for each of fiscal years 2018 through 
     2020 pursuant to section 133(h), plus--

       ``(I) $118,013,536 for fiscal year 2018;
       ``(II) $130,688,367 for fiscal year 2019; and
       ``(III) $170,053,448 for fiscal year 2020.

       ``(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, the national highway freight 
     program under section 167, 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.''.
       (e) 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

[[Page H8686]]

     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. 1105. 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.--
       ``(1) In general.--There is established a nationally 
     significant freight and highway projects program to provide 
     financial assistance for projects of national or regional 
     significance.
       ``(2) Goals.--The goals of the program shall be to--
       ``(A) improve the safety, efficiency, and reliability of 
     the movement of freight and people;
       ``(B) generate national or regional economic benefits and 
     an increase in the global economic competitiveness of the 
     United States;
       ``(C) reduce highway congestion and bottlenecks;
       ``(D) improve connectivity between modes of freight 
     transportation;
       ``(E) enhance the resiliency of critical highway 
     infrastructure and help protect the environment;
       ``(F) improve roadways vital to national energy security; 
     and
       ``(G) address the impact of population growth on the 
     movement of people and freight.
       ``(b) Grant Authority.--
       ``(1) In general.--In carrying out the program established 
     in subsection (a), the Secretary may make grants, on a 
     competitive basis, in accordance with this section.
       ``(2) Grant amount.--Except as otherwise provided, each 
     grant made under this section shall be in an amount that is 
     at least $25,000,000.
       ``(c) Eligible Applicants.--
       ``(1) In general.--The Secretary may make a grant under 
     this section to the following:
       ``(A) A State or a 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 or a group of local 
     governments.
       ``(D) A political subdivision of a State or local 
     government.
       ``(E) A special purpose district or public authority with a 
     transportation function, including a port authority.
       ``(F) A Federal land management agency that applies jointly 
     with a State or group of States.
       ``(G) A tribal government or a consortium of tribal 
     governments.
       ``(H) A multistate or multijurisdictional group of entities 
     described in this paragraph.
       ``(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 (e), 
     the Secretary may make a grant under this section only for a 
     project that--
       ``(A) is--
       ``(i) a highway freight project carried out on the National 
     Highway Freight Network established under section 167;
       ``(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; or
       ``(II) a project in a national scenic area;

       ``(iii) a freight project that is--

       ``(I) a freight intermodal or freight rail project; or
       ``(II) within the boundaries of a public or private freight 
     rail, water (including ports), or intermodal facility and 
     that is a surface transportation infrastructure project 
     necessary to facilitate direct intermodal interchange, 
     transfer, or access into or out of the facility; 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 2020, 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)--
       ``(i) shall 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) Small Projects.--
       ``(1) In general.--The Secretary shall reserve 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) 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.
       ``(f) 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 directly related to 
     improving system performance.
       ``(g) Project Requirements.--The Secretary may select a 
     project described under this section (other than subsection 
     (e)) for funding under this section only if the Secretary 
     determines 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 and efficiently 
     completed without other Federal funding or financial 
     assistance available to the project sponsor; 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.
       ``(h) Additional Considerations.--In making a grant under 
     this section, the Secretary shall consider--
       ``(1) utilization of nontraditional financing, innovative 
     design and construction techniques, or innovative 
     technologies;
       ``(2) utilization of non-Federal contributions; and
       ``(3) contributions to geographic diversity among grant 
     recipients, including the need for a balance between the 
     needs of rural and urban communities.
       ``(i) Rural Areas.--
       ``(1) In general.--The Secretary shall reserve not less 
     than 25 percent of the amounts made available for grants 
     under this section, including the amounts made available 
     under subsection (e), each fiscal year to make grants for 
     projects located in rural areas.
       ``(2) 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.
       ``(3) Rural area defined.--In this subsection, the term 
     `rural area' means an area that is outside an urbanized area 
     with a population of over 200,000.
       ``(j) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project assisted with a grant under this section may not 
     exceed 60 percent.
       ``(2) Maximum federal involvement.--Federal assistance 
     other than a grant under this section may be used to satisfy 
     the non-Federal share of the cost of a project for which such 
     a grant is made, except that the total Federal assistance 
     provided for a project receiving a grant under this section 
     may not exceed 80 percent of the total project cost.
       ``(3) Federal land management agencies.--Notwithstanding 
     any other provision of law, any Federal funds other than 
     those made available under this title or title 49 may be used 
     to pay the non-Federal share of the cost of a project carried 
     out under this section by a Federal land management agency, 
     as described under subsection (c)(1)(F).
       ``(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.--
       ``(A) In general.--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

[[Page H8687]]

     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.
       ``(B) Multimodal projects.--In addition to the notice 
     required under subparagraph (A), the Secretary shall notify 
     the Committee on Commerce, Science, and Transportation of the 
     Senate before making a grant for a project described in 
     subsection (d)(1)(A)(iii).
       ``(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).
       ``(n) Reports.--
       ``(1) Annual report.--The Secretary shall make available on 
     the Web site of the Department of Transportation 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 under this 
     section.
       ``(B) Report.--Not later than 1 year after the initial 
     awarding of grants under this section, the Comptroller 
     General shall submit to the Committee on Environment and 
     Public Works of the Senate, the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that describes--
       ``(i) the adequacy and fairness of the process by which 
     each project was selected, if applicable; and
       ``(ii) the justification and criteria used for the 
     selection of each project, if applicable.''.
       (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. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

       Section 119 of title 23, United States Code, is amended 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).
       ``(j) Critical Infrastructure.--
       ``(1) Critical infrastructure defined.--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) Consideration.--The asset management plan of a State 
     may include consideration of critical infrastructure 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 critical infrastructure in the State.''.

     SEC. 1107. 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) 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. 1108. 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; and
       ``(v) $245,000,000 for fiscal year 2020.
       ``(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).''.

     SEC. 1109. 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, 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

[[Page H8688]]

     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 FAST 
     Act, 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 FAST 
     Act; 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; and
       ``(E) for fiscal year 2020, 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 2020'';
       (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 2020''; 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 under this subsection 
     of--
       ``(i) $835,000,000 for each of fiscal years 2016 and 2017; 
     and
       ``(ii) $850,000,000 for each of fiscal years 2018 through 
     2020; 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 
     FAST Act.
       ``(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;
       ``(vii) a nonprofit entity responsible for the 
     administration of local transportation safety programs; and
       ``(viii) 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 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).
       ``(7) Annual reports.--
       ``(A) In general.--Each State or metropolitan planning 
     organization responsible for carrying out the requirements of 
     this subsection shall submit to the Secretary an annual 
     report that describes--
       ``(i) 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 projects to be carried out, expressed 
     as percentages of the total apportionment of the State under 
     this subsection; and

       ``(ii) the number of projects selected for funding for each 
     fiscal year, including the aggregate cost and location of 
     projects selected.
       ``(B) Public availability.--The Secretary shall make 
     available to the public, in a user-friendly format on the Web 
     site of the Department of Transportation, a copy of each 
     annual report submitted under subparagraph (A).
       ``(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.--

[[Page H8689]]

       (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. 1110. 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 $4,000,000 for each of fiscal 
     years 2016 through 2020, 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. 1111. 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.
       ``(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. 1112. 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), in the subsection heading, by 
     striking ``In General.--'' and inserting ``Program.--''; and
       (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 
     amounts 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).
       ``(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) 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 2020.
       ``(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) 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 200 of 
     title 2, Code of Federal Regulations.
       ``(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. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       (a) In General.--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) 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) in subsection (c)(1)(A) by striking ``subsections 
     (a)(12)'' and inserting ``subsections (a)(11)'';
       (3) in subsection (d)(2)(B)(i) by striking ``subsection 
     (a)(12)'' and inserting ``subsection (a)(11)''; and
       (4) 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) the State does not use funds provided to carry out 
     this section for a project on any such roads until the State 
     completes a collection of the required model inventory of 
     roadway elements for the applicable road segment; 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 under section 
     202(b)(1) of this title.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to allow a State to cease data collection 
     related to serious injuries or fatalities.''.

[[Page H8690]]

       (b) 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 a report describing the results of 
     the review conducted under paragraph (1).

     SEC. 1114. 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 in the area of'';
       (D) in paragraph (7) by striking ``or'' at the end;
       (E) in paragraph (8)--
       (i) in subparagraph (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''; and

       (ii) in subparagraph (B) by striking the period at the end 
     and inserting ``; or''; and
       (F) by adding at the end the following:
       ``(9) if the project or program is for the installation of 
     vehicle-to-infrastructure communication equipment.'';
       (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) by striking paragraph (1)(B) and inserting the 
     following:
       ``(B) is eligible under the surface transportation block 
     grant program under section 133.'';
       (B) 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 ``paragraph (l)'' and 
     inserting ``subsection (k)(1)''; and

       (ii) in subparagraph (B)(i) by striking ``MAP-21t'' and 
     inserting ``MAP-21''; and
       (C) 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)(2)(B) by striking ``not later that'' 
     and inserting ``not later than'';
       (5) in subsection (k) 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. 1115. 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. 1116. 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) In General.--
       ``(1) Policy.--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 the foundation for the United States to 
     compete in the global economy and achieve the goals described 
     in subsection (b).
       ``(2) Establishment.--In support of the goals described in 
     subsection (b), the Administrator of the Federal Highway 
     Administration 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 bottlenecks on the National 
     Highway Freight Network;
       ``(C) reduce the cost of freight transportation;
       ``(D) improve the year-round 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 innovation and advanced technology to improve 
     the safety, efficiency, and reliability of the National 
     Highway Freight Network;
       ``(5) to improve the efficiency and productivity of the 
     National Highway Freight Network;
       ``(6) 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
       ``(7) 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 Administrator 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 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.
       ``(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 the 41,518-mile network identified 
     during the designation process for the primary freight 
     network under section 167(d) of this title, as in effect on 
     the day before the date of enactment of the FAST Act.
       ``(2) Redesignation of primary highway freight system.--
       ``(A) In general.--Beginning 5 years after the date of 
     enactment of the FAST Act, and every 5 years thereafter, 
     using the designation factors described in subparagraph (E), 
     the Administrator shall redesignate the primary highway 
     freight system.
       ``(B) Redesignation mileage.--Each redesignation may 
     increase the mileage on the primary highway freight system by 
     not more than 3 percent of the total mileage of the system.
       ``(C) Use of measurable data.--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, destinations, and linking components of the 
     United States global and domestic supply chains.
       ``(D) Input.--In redesignating the primary highway freight 
     system, the Administrator shall provide an opportunity for 
     State freight advisory committees, as applicable, to submit 
     additional miles for consideration.
       ``(E) Factors for redesignation.--In redesignating the 
     primary highway freight system, the Administrator shall 
     consider--
       ``(i) changes in the origins and destinations of freight 
     movement in, to, and from the United States;
       ``(ii) changes in the percentage of annual daily truck 
     traffic in the annual average daily traffic on principal 
     arterials;
       ``(iii) changes in the location of key facilities;
       ``(iv) land and water ports of entry;
       ``(v) access to energy exploration, development, 
     installation, or production areas;
       ``(vi) access to other freight intermodal facilities, 
     including rail, air, water, and pipelines facilities;
       ``(vii) the total freight tonnage and value moved via 
     highways;
       ``(viii) significant freight bottlenecks, as identified by 
     the Administrator;
       ``(ix) the significance of goods movement on principal 
     arterials, including consideration of global and domestic 
     supply chains;
       ``(x) critical emerging freight corridors and critical 
     commerce corridors; and
       ``(xi) network connectivity.
       ``(e) Critical Rural Freight Corridors.--
       ``(1) In general.--A State may designate a public road 
     within the borders of the State as a critical rural freight 
     corridor if the public road is not in an urbanized area and--

[[Page H8691]]

       ``(A) 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);
       ``(B) provides access to energy exploration, development, 
     installation, or production areas;
       ``(C) connects the primary highway freight system, a 
     roadway described in subparagraph (A) or (B), or the 
     Interstate System to facilities that handle more than--
       ``(i) 50,000 20-foot equivalent units per year; or
       ``(ii) 500,000 tons per year of bulk commodities;
       ``(D) provides access to--
       ``(i) a grain elevator;
       ``(ii) an agricultural facility;
       ``(iii) a mining facility;
       ``(iv) a forestry facility; or
       ``(v) an intermodal facility;
       ``(E) connects to an international port of entry;
       ``(F) provides access to significant air, rail, water, or 
     other freight facilities in the State; or
       ``(G) is, in the determination of the State, vital to 
     improving the efficient movement of freight of importance to 
     the economy of the State.
       ``(2) Limitation.--A State may designate as critical rural 
     freight corridors a maximum of 150 miles of highway or 20 
     percent of the primary highway freight system mileage in the 
     State, whichever is greater.
       ``(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 paragraph (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 system;
       ``(II) the Interstate System; or
       ``(III) an intermodal freight facility;
       ``(ii) is located within a corridor of a route on the 
     primary highway freight system 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.
       ``(4) Limitation.--For each State, a maximum of 75 miles of 
     highway or 10 percent of the primary highway freight system 
     mileage in the State, whichever is greater, may be designated 
     as a critical urban freight corridor under paragraphs (1) and 
     (2).
       ``(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 FAST 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 2 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 2 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 FAST Act, a State may not obligate funds 
     apportioned to the State under section 104(b)(5) unless the 
     State has developed a freight plan in accordance with section 
     70202 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 identified in a freight investment plan included 
     in a freight plan of the State that is in effect.
       ``(B) Other projects.--For each fiscal year, a State may 
     obligate not more than 10 percent of the total apportionment 
     of the State under section 104(b)(5) for freight intermodal 
     or freight rail projects, including projects--
       ``(i) within the boundaries of public or private freight 
     rail or water facilities (including ports); and
       ``(ii) that provide surface transportation infrastructure 
     necessary to facilitate direct intermodal interchange, 
     transfer, and access into or 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 for freight 
     movement.
       ``(vi) Railway-highway grade separation.
       ``(vii) Geometric improvements to interchanges and ramps.
       ``(viii) Truck-only lanes.
       ``(ix) Climbing and runaway truck lanes.
       ``(x) Adding or widening of shoulders.
       ``(xi) Truck parking facilities eligible for funding under 
     section 1401 of MAP-21 (23 U.S.C. 137 note).
       ``(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) Physical separation of passenger vehicles from 
     commercial motor freight.
       ``(xxi) Enhancement of the resiliency of critical highway 
     infrastructure, including highway infrastructure that 
     supports national energy security, to improve the flow of 
     freight.
       ``(xxii) A highway or bridge project, other than a project 
     described in clauses (i) through (xxi), to improve the flow 
     of freight on the National Highway Freight Network.
       ``(xxiii) 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 the 
     freight performance target under 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, the State shall 
     include in the next report submitted under section 150(e) a 
     description of the actions the State will undertake to 
     achieve the targets, including--
       ``(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 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.

[[Page H8692]]

       ``(k) Intelligent Freight Transportation System.--
       ``(1) Definition of intelligent freight transportation 
     system.--In this section, the term `intelligent freight 
     transportation system' means--
       ``(A) innovative or intelligent technological 
     transportation systems, infrastructure, or facilities, 
     including elevated freight transportation facilities--
       ``(i) in proximity to, or within, an existing right of way 
     on a Federal-aid highway; or
       ``(ii) that connect land ports-of entry to existing 
     Federal-aid highways; or
       ``(B) communications or information processing systems that 
     improve the efficiency, security, or safety of freight 
     movements on the Federal-aid highway system, including to 
     improve the conveyance of freight on dedicated intelligent 
     freight lanes.
       ``(2) Operating standards.--The Administrator shall 
     determine whether there is a need for establishing operating 
     standards for intelligent freight transportation systems.
       ``(l) 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) 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 program.''.
       (c) Repeals.--Sections 1116, 1117, and 1118 of MAP-21 (23 
     U.S.C. 167 note), and the items relating to such sections in 
     the table of contents in section 1(c) of such Act, are 
     repealed.

     SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

       (a) 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 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).
       ``(iv) An estimate of the number of jobs created and the 
     number of jobs retained by the projects and activities 
     identified under clause (i).''.
       (b) Report on Tribal Government Transportation Safety 
     Data.--
       (1) Findings.--Congress finds that--
       (A) in many States, the Native American population is 
     disproportionately represented in fatalities and crash 
     statistics;
       (B) improved crash reporting by tribal law enforcement 
     agencies would facilitate safety planning and would enable 
     Indian tribes to apply more successfully for State and 
     Federal funds for safety improvements;
       (C) the causes of underreporting of crashes on Indian 
     reservations include--
       (i) tribal law enforcement capacity, including--

       (I) staffing shortages and turnover; and
       (II) lack of equipment, software, and training; and

       (ii) lack of standardization in crash reporting forms and 
     protocols; and
       (D) without more accurate reporting of crashes on Indian 
     reservations, it is difficult or impossible to fully 
     understand the nature of the problem and develop appropriate 
     countermeasures, which may include effective transportation 
     safety planning and programs aimed at--
       (i) driving under the influence (DUI) prevention;
       (ii) pedestrian safety;
       (iii) roadway safety improvements;
       (iv) seat belt usage; and
       (v) proper use of child restraints.
       (2) Report to congress.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, after consultation with 
     the Secretary of Interior, the Secretary of Health and Human 
     Services, the Attorney General, and Indian tribes, shall 
     submit to the Committee on Environment and Public Works and 
     the Committee on Indian Affairs of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Natural Resources of the House of 
     Representatives a report describing the quality of 
     transportation safety data collected by States, counties, and 
     Indian tribes for transportation safety systems and the 
     relevance of that data to improving the collection and 
     sharing of data on crashes on Indian reservations.
       (B) Purposes.--The purposes of the report are--
       (i) to improve the collection and sharing of data on 
     crashes on Indian reservations; and
       (ii) to develop data that Indian tribes can use to recover 
     damages to tribal property caused by motorists.
       (C) Paperless data reporting.--In preparing the report, the 
     Secretary shall provide States, counties, and Indian tribes 
     with options and best practices for transition to a paperless 
     transportation safety data reporting system that--
       (i) improves the collection of crash reports;
       (ii) stores, archives, queries, and shares crash records; 
     and
       (iii) uses data exclusively--

       (I) to address traffic safety issues on Indian 
     reservations; and
       (II) to identify and improve problem areas on public roads 
     on Indian reservations.

       (D) Additional budgetary resources.--The Secretary shall 
     include in the report the identification of Federal 
     transportation funds provided to Indian tribes by agencies in 
     addition to the Department and the Department of the 
     Interior.
       (c) Study on Bureau of Indian Affairs Road Safety.--Not 
     later than 2 years after the date of enactment of this Act, 
     the Secretary, in consultation with the Secretary of 
     Interior, the Attorney General, States, and Indian tribes 
     shall--
       (1) complete a study that identifies and evaluates options 
     for improving safety on public roads on Indian reservations; 
     and
       (2) submit to the Committee on Environment and Public Works 
     and the Committee on Indian Affairs of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Natural Resources of the House of 
     Representatives a report describing the results of the study.

     SEC. 1118. 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. 1119. 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)--
       (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. 1120. 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 (and by moving the subclauses 2 ems to 
     the right);
       (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 for each 
     fiscal year combine and use not greater than 5 percent 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. 1121. 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.--

[[Page H8693]]

       ``(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). The provisions of this section shall be in 
     addition to the methods for making funding contributions 
     described in section 202(a)(9). Nothing in this section shall 
     diminish the authority of the Secretary to provide funds to 
     an Indian tribe under section 202(a)(9).
       ``(II) Method for transfers.--If a State elects to provide 
     funds described in subclause (I) to an Indian tribe--

       ``(aa) the transfer may occur in accordance with section 
     202(a)(9); or
       ``(bb) 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 FAST Act.
       ``(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 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

[[Page H8694]]

       ``(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 106 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450j-1), 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 
     106(f) of that Act (25 U.S.C. 450j-1(f)).
       ``(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), 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 is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians. 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 section, 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 section 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

[[Page H8695]]

     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 FAST Act, 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 subparagraph (A) shall expire 30 months 
     after such date of enactment.
       ``(D) Extension of deadlines.--A deadline set forth in 
     subparagraph (B) or (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 chapter 2 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 206 the following:

``207. Tribal transportation self-governance program.''.

     SEC. 1122. 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. 1123. 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 in an inventory 
     described in section 202 or 203 of such title;
       (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 $25,000,000, 
     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, economic competitiveness, quality of life, 
     and safety;
       (2) improves the condition of critical transportation 
     facilities, including multimodal facilities;
       (3) needs construction, reconstruction, or rehabilitation;
       (4) has costs matched by funds that are not provided under 
     this section, with projects with a greater percentage of 
     other sources of matching funds ranked ahead of lesser 
     matches;
       (5) is included in or eligible for inclusion in the 
     National Register of Historic Places;
       (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.--
       (1) In general.--The Federal share of the cost of a project 
     shall be up to 90 percent.
       (2) Non-federal share.--Notwithstanding any other provision 
     of law, any Federal funds other than those made available 
     under title 23 or title 49, United States Code, may be used 
     to pay the non-Federal share of the cost of a project carried 
     out under this section.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2016 through 2020. Such sums shall 
     remain available for a period of 3 fiscal years following the 
     fiscal year for which the amounts are appropriated.

            Subtitle B--Planning and Performance Management

     SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

       Section 134 of title 23, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``people and freight and'' and inserting 
     ``people and freight,'' and
       (B) by inserting ``and take into consideration resiliency 
     needs'' after ``urbanized areas,'';
       (2) 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 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.--

[[Page H8696]]

       ``(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)'';
       (4) in subsection (e)(4)(B) by striking ``subsection 
     (d)(5)'' and inserting ``subsection (d)(6)'';
       (5) in subsection (g)(3)(A) by inserting ``tourism, natural 
     disaster risk reduction,'' after ``economic development,'';
       (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 a semicolon; and
       (iii) by adding at the end the following:
       ``(I) improve the resiliency and reliability of the 
     transportation system and reduce or mitigate stormwater 
     impacts of surface transportation; 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'';
       (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 the vulnerability of the 
     existing transportation infrastructure to natural disasters'' 
     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, 
     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;
       (8) 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 serving 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.'';
       (9) 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'';
       (10) in subsection (n)(1) by inserting ``49'' after 
     ``chapter 53 of title'';
       (11) in subsection (p) by striking ``Funds set aside under 
     section 104(f)'' and inserting ``Funds apportioned under 
     paragraphs (5)(D) and (6) of section 104(b)''; and
       (12) by adding at the end the following:
       ``(r) Bi-State Metropolitan Planning Organization.--
       ``(1) Definition of bi-state mpo region.--In this 
     subsection, the term `Bi-State MPO 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 Bi-
     State MPO 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) Planning.--In determining the amounts 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 Bi-State MPO 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 Bi-State MPO Region in that State.
       ``(B) STBGP set aside.--In determining the amounts under 
     paragraph (2) of section 133(h) that shall be obligated for a 
     fiscal year in the States of California and Nevada, the 
     Secretary shall, for the purpose of that subsection, 
     calculate the populations for each of those States in a 
     manner consistent with subparagraph (A).''.

     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 and commuter van pool 
     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 a semicolon; and
       (iii) by adding at the end the following:
       ``(I) improve the resiliency and reliability of the 
     transportation system and reduce or mitigate stormwater 
     impacts of surface transportation; 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'';
       (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''; and
       (C) 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; and
       (4) in subsection (g)(3)--
       (A) by inserting ``public ports,'' before ``freight 
     shippers''; and
       (B) by inserting ``(including intercity bus operators),'' 
     after ``private providers of transportation''.

              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. 4321 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. 4321 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 subsection 
     (a)(1).

[[Page H8697]]

       ``(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--
       ``(i) be included in the record of decision or finding of 
     no significant impact of the Secretary; and
       ``(ii) be 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 subsection (a)(2) through the 
     consultation requirements of section 306108 of title 54.
       ``(B) Satisfaction of conditions.--To satisfy 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 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. 4321 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. 4321 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 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 (c)(1) shall be required.
       ``(C) Publication.--A notice of a determination, together 
     with each relevant concurrence to that determination, under 
     subparagraph (A) shall--
       ``(i) be included in the record of decision or finding of 
     no significant impact of the Secretary; and
       ``(ii) be 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 subsection (c)(2) through the 
     consultation requirements of section 306108 of title 54.
       ``(B) Satisfaction of conditions.--To satisfy 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. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL 
                   AUTHORITIES.

       (a) Title 23 Amendment.--Section 138 of title 23, United 
     States Code, as amended by section 1301, is amended by adding 
     at the end the following:
       ``(d) 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. 917) as in effect before the repeal of that 
     section).''.
       (b) Title 49 Amendment.--Section 303 of title 49, United 
     States Code, as amended by section 1301, is amended by adding 
     at the end the following:
       ``(f) 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. 917) as in effect before the repeal of that 
     section).''.

     SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION 
                   REQUIREMENTS.

       (a) Preservation of Parklands.--Section 138 of title 23, 
     United States Code, as amended by section 1302, is amended by 
     adding at the end the following:
       ``(e) 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 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 1302, is amended by adding at the end 
     the following:
       ``(g) 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 shall be exempt from consideration 
     under this section.''.

     SEC. 1304. 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.''; and
       (2) 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 of 
     Transportation.
       ``(B) Considerations.--In determining whether a project is 
     a project under subparagraph (A), the Secretary shall take 
     into account, if known, any sources of Federal funding or 
     financing identified by the project sponsor, including any 
     discretionary grant, loan, and loan guarantee programs 
     administered by the Department of Transportation.''.
       (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
       ``(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) of title 23, 
     United States Code, is amended--
       (1) in paragraph (1)(A) by inserting ``, or an operating 
     administration thereof designated by the Secretary,'' after 
     ``Department of Transportation''; and
       (2) in paragraph (6)--
       (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) to consider and respond to comments received from 
     participating agencies on matters within the special 
     expertise or jurisdiction of those agencies.''.
       (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''.

[[Page H8698]]

       (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.
       ``(9) Participating agency responsibilities.--An agency 
     participating in the 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 agency; and
       ``(B) use the process to address any environmental issues 
     of concern to the agency.''.
       (e) Project Initiation.--Section 139(e) of title 23, United 
     States Code, is amended--
       (1) 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 ``general location of the proposed 
     project''; and
       (2) by adding at the end the following:
       ``(3) Review of application.--Not later than 45 days after 
     the date on which the Secretary receives notification under 
     paragraph (1), 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 documentation is 
     necessary to initiate the environmental review process.
       ``(4) Request to designate a lead agency.--
       ``(A) In general.--Any project sponsor may submit to the 
     Secretary a request to designate the operating administration 
     or secretarial office within the Department of Transportation 
     with the expertise on the proposed project to serve as the 
     Federal lead agency for the project.
       ``(B) Secretarial action.--
       ``(i) In general.--If the Secretary receives a request 
     under subparagraph (A), the Secretary shall respond to the 
     request not later than 45 days after the date of receipt.
       ``(ii) Requirements.--The response under clause (i) shall--

       ``(I) approve the request;
       ``(II) deny the request, with an explanation of the reasons 
     for the denial; 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 the submission not later than 45 
     days after the date of receipt.
       ``(5) 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''; and
       (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 provide 
     an opportunity for involvement by participating agencies and 
     the public in determining the range of alternatives to be 
     considered for a project.
       ``(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 limit the comments of the agency to 
     subject matter areas within the special expertise or 
     jurisdiction of the agency.
       ``(iii) Effect of nonparticipation.--A participating agency 
     that declines to participate in the development of the 
     purpose and need and range of alternatives for a project 
     shall be required to comply with the schedule developed under 
     subsection (g)(1)(B).'';
       (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 the responsibilities of the agency under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 
     a timely manner.''; and

       (C) 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 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 of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and any other 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 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.''.
       (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 as 
     part of the coordination plan'' and inserting ``shall 
     establish as part of such coordination plan''.
       (2) Deadlines for decisions under other laws.--Section 
     139(g)(3) of title 23, United States Code, is amended in the 
     matter preceding subparagraph (A) by inserting ``and publish 
     on the Internet'' after ``House of Representatives''.
       (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 with the concurrence of 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)), is 
     amended by striking ``paragraph (5) and'' and inserting 
     ``paragraph (6)''.
       (3) Financial penalty provisions.--Section 139(h)(7)(B) of 
     title 23, United States Code (as redesignated by paragraph 
     (1)(A)), is amended--
       (A) in clause (i)(I) by striking ``under section 106(i) is 
     required'' and inserting ``is required under subsection (h) 
     or (i) of section 106''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Description of date.--The date referred to in clause 
     (i) is--

       ``(I) the date that is 30 days after the date for rendering 
     a decision as described in the project

[[Page H8699]]

     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; 
     and
       ``(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.); or

       ``(III) a modified date in accordance with subsection 
     (g)(1)(D).''.

       (i) Assistance to Affected State and Federal Agencies.--
       (1) In general.--Section 139(j) of title 23, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(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) of title 23, United States 
     Code, is amended by striking paragraph (6) and inserting the 
     following:
       ``(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) Accelerated Decisionmaking; Improving Transparency in 
     Environmental Reviews.--
       (1) 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 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--
       ``(A) cite the sources, authorities, and reasons that 
     support the position of the agency; and
       ``(B) if appropriate, indicate the circumstances that would 
     trigger agency reappraisal or further response.
       ``(2) 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--
       ``(A) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       ``(B) 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.
       ``(o) Improving Transparency in Environmental Reviews.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this subsection, the Secretary shall--
       ``(A) use the searchable Internet website maintained under 
     section 41003(b) of the FAST Act--
       ``(i) to make publicly available the status and progress of 
     projects 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 those 
     projects; and
       ``(ii) 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 
     subsection (f); and
       ``(B) issue reporting standards to meet the requirements of 
     subparagraph (A).
       ``(2) Federal, state, and local agency participation.--
       ``(A) Federal agencies.--A Federal agency participating in 
     the environmental review or permitting process for a project 
     shall provide to the Secretary information regarding the 
     status and progress of the approval of the project for 
     publication on the Internet website referred to in paragraph 
     (1)(A), consistent with the standards established under 
     paragraph (1)(B).
       ``(B) State and local agencies.--The Secretary shall 
     encourage State and local agencies participating in the 
     environmental review permitting process for a project to 
     provide information regarding the status and progress of the 
     approval of the project for publication on the Internet 
     website referred to in paragraph (1)(A).
       ``(3) 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 shall be responsible for supplying to 
     the Secretary project development and compliance status for 
     all applicable projects.''.
       (2) 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.
       (k) 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. 1305. 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' has the meaning given the term 
     in section 139(a).
       ``(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).
       ``(5) Project sponsor.--The term `project sponsor' has the 
     meaning given the term in section 139(a).
       ``(6) Relevant agency.--The term `relevant agency' means 
     the agency with authority under subparagraph (A) or (B) of 
     subsection (b)(1).
       ``(b) Adoption or Incorporation by Reference of Planning 
     Products for Use in NEPA Proceedings.--
       ``(1) In general.--Subject to subsection (d) and to the 
     maximum extent practicable and appropriate, the following 
     agencies may adopt or incorporate by reference and use a 
     planning product in proceedings relating to any class of 
     action in the environmental review process of the project:
       ``(A) The lead agency for a project, with respect to 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.).
       ``(B) The cooperating agency with responsibility under 
     Federal law, with respect to the process for and completion 
     of any environmental permit, approval, review, or study 
     required for a project under any Federal law other than the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), if consistent with that law.
       ``(2) Identification.--If the relevant agency makes a 
     determination to adopt or incorporate by reference and use a 
     planning product, the relevant agency shall identify the 
     agencies that participated in the development of the planning 
     products.
       ``(3) Adoption or incorporation by reference of planning 
     products.--The relevant agency may--
       ``(A) adopt or incorporate by reference an entire planning 
     product under paragraph (1); or
       ``(B) select portions of a planning project under paragraph 
     (1) for adoption or incorporation by reference.
       ``(4) Timing.--A determination under paragraph (1) with 
     respect to the adoption or incorporation by reference of a 
     planning product may--
       ``(A) be made at the time the relevant 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 relevant agency in the 
     environmental review process may adopt or incorporate by 
     reference 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 a project, including a programmatic 
     mitigation plan developed in accordance with section 169, 
     that the relevant agency determines are more effectively 
     addressed on a national or regional scale, including--

[[Page H8700]]

       ``(i) measures to avoid, minimize, and mitigate impacts at 
     a national or regional scale of proposed transportation 
     investments on environmental resources, including regional 
     ecosystem and water resources; and
       ``(ii) potential mitigation activities, locations, and 
     investments.
       ``(2) Planning analyses.--The relevant agency in the 
     environmental review process may adopt or incorporate by 
     reference 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 direct, 
     indirect, and cumulative effects on those resources; and
       ``(H) mitigation needs for a proposed project, or for 
     programmatic level mitigation, for potential effects that the 
     lead agency determines are most effectively addressed at a 
     regional or national program level.
       ``(d) Conditions.--The relevant agency in the environmental 
     review process may adopt or incorporate by reference a 
     planning product under this section if the relevant agency 
     determines, with the concurrence of the lead agency and, if 
     the planning product is necessary for a cooperating agency to 
     issue a permit, review, or approval for the project, with the 
     concurrence of the cooperating agency, 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 relevant 
     agency has--
       ``(A) made the planning documents available for public 
     review and comment by members of the general public and 
     Federal, State, local, and tribal governments that may have 
     an interest in the proposed project;
       ``(B) provided notice of the intention of the relevant 
     agency to adopt or incorporate by reference 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 or 
     incorporation by reference and use in the environmental 
     review process for the project and is incorporated in 
     accordance with, and is sufficient to meet the requirements 
     of, 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 FAST Act).
       ``(10) The planning product was approved 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.--
     Any planning product adopted or incorporated by reference by 
     the relevant agency in accordance with this section may be--
       ``(1) incorporated directly into an environmental review 
     process document or other environmental document; and
       ``(2) relied on and used by other Federal agencies in 
     carrying out reviews of the project.
       ``(f) Rules of Construction.--
       ``(1) In general.--This section does not make the 
     environmental review process applicable to the transportation 
     planning process conducted under this title and chapter 53 of 
     title 49.
       ``(2) Transportation planning activities.--Initiation of 
     the environmental review process as a part of, or 
     concurrently with, transportation planning activities does 
     not subject transportation plans and programs to the 
     environmental review process.
       ``(3) Planning products.--This section does not affect the 
     use of planning products in the environmental review process 
     pursuant to other authorities under any other provision of 
     law or restrict the initiation of the environmental review 
     process during planning.''.

     SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

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

     SEC. 1307. 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. 1308. 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 180 days after the date of 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.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be carried out by an audit team determined by the 
     Secretary, in consultation with the State, in accordance with 
     subparagraph (B).
       ``(B) Consultation.--Consultation with the State under 
     subparagraph (A) shall include a reasonable opportunity for 
     the State to review and provide comments on the proposed 
     members of the audit team.'';
       (5) in subsection (j) 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.''; and
       (6) 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. 1309. 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 laws and the

[[Page H8701]]

     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (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 have assumed 
     responsibilities of the Secretary under section 327 and are 
     approved to participate in the program under this section to 
     conduct environmental reviews and make approvals for projects 
     under State environmental laws and regulations instead of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), consistent with the requirements of this section.
       ``(2) Participating states.--The Secretary may select not 
     more than 5 States to participate in the program.
       ``(3) Alternative environmental review and approval 
     procedures defined.--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) any provisions of section 139 establishing 
     procedures for the implementation of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     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 (42 
     U.S.C. 4321 et seq.);
       ``(ii) any provisions of section 139 establishing 
     procedures for the implementation of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     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, including--
       ``(A) the procedures the State uses to engage the public 
     and consider alternatives to the proposed action; and
       ``(B) the extent to which the State considers environmental 
     consequences or impacts on resources potentially impacted by 
     the proposed action (such as air, water, or species);
       ``(2) each Federal requirement described in subsection 
     (a)(3) that the State is seeking to substitute;
       ``(3) each State law or regulation that the State intends 
     to substitute for such Federal requirement;
       ``(4) an explanation of the basis for concluding that the 
     State law or regulation is at least as stringent as the 
     Federal requirement 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 and accept public comments on an application 
     submitted under subsection (b);
       ``(2) approve or disapprove the application not later than 
     120 days after the date of receipt of an application that the 
     Secretary determines is complete; 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 and 
     after considering any public comments received pursuant to 
     subsection (c), determines that the laws and regulations of 
     the State described in the application are at least as 
     stringent as the Federal requirements described in subsection 
     (a)(3);
       ``(B) the Secretary, after considering any public comments 
     received pursuant to subsection (c), determines that the 
     State has the capacity, including financial and personnel, to 
     assume the responsibility;
       ``(C) the State has executed an agreement with the 
     Secretary in accordance with section 327; and
       ``(D) the State has executed an agreement with the 
     Secretary under this section that--
       ``(i) has been executed by the Governor or the top-ranking 
     transportation official in the State who is charged with 
     responsibility for highway construction;
       ``(ii) is in such form as the Secretary may prescribe;
       ``(iii) provides that the State--

       ``(I) agrees to assume the responsibilities, as identified 
     by the Secretary, under this section;
       ``(II) expressly consents, on behalf of the State, to 
     accept the jurisdiction of the Federal courts under 
     subsection (e)(1) for the compliance, discharge, and 
     enforcement of any responsibility under this section;
       ``(III) certifies that State laws (including regulations) 
     are in effect that--

       ``(aa) authorize the State to take the actions necessary to 
     carry out the responsibilities being assumed; and
       ``(bb) are comparable to section 552 of title 5, including 
     providing that any decision regarding the public availability 
     of a document under those State laws is reviewable by a court 
     of competent jurisdiction; and

       ``(IV) agrees to maintain the financial resources necessary 
     to carry out the responsibilities being assumed;

       ``(iv) requires the State to provide to the Secretary any 
     information the Secretary reasonably considers necessary to 
     ensure that the State is adequately carrying out the 
     responsibilities assigned to the State;
       ``(v) has a term of not more than 5 years; and
       ``(vi) is renewable.
       ``(2) Exclusion.--The National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) 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 relating to the failure of the State--
       ``(A) to meet the requirements of this section; or
       ``(B) to follow the alternative environmental review and 
     approval procedures approved pursuant to this section.
       ``(2) Limitation on review.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a claim seeking judicial review of a permit, license, or 
     approval issued by a State under this section shall be barred 
     unless the claim is filed not later than 2 years after the 
     date of publication in the Federal Register by the Secretary 
     of a notice that the permit, license, or approval is final 
     pursuant to the law under which the action is taken.
       ``(B) Deadlines.--
       ``(i) Notification.--The State shall notify the Secretary 
     of the final action of the State not later than 10 days after 
     the final action is taken.
       ``(ii) Publication.--The Secretary shall publish the notice 
     of final action in the Federal Register not later than 30 
     days after the date of receipt of the notice under clause 
     (i).
       ``(C) Savings provision.--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 a 
     permit, license, or approval.
       ``(3) New information.--
       ``(A) In general.--A State shall consider new information 
     received after the close of a comment period if the 
     information satisfies the requirements for a supplemental 
     environmental impact statement under section 771.130 of title 
     23, Code of Federal Regulations (or successor regulations).
       ``(B) Treatment of final agency action.--
       ``(i) In general.--The final agency action that follows 
     preparation of a supplemental environmental impact statement, 
     if required, shall be considered a separate final agency 
     action, and the deadline for filing a claim for judicial 
     review of the action shall be 2 years after the date of 
     publication in the Federal Register by the Secretary of a 
     notice announcing such action.
       ``(ii) Deadlines.--

       ``(I) Notification.--The State shall notify the Secretary 
     of the final action of the State not later than 10 days after 
     the final action is taken.
       ``(II) Publication.--The Secretary shall publish the notice 
     of final action in the Federal Register not later than 30 
     days after the date of receipt of the notice under subclause 
     (I).

       ``(f) Election.--A State participating in the programs 
     under this section and section 327, at the discretion of the 
     State, may elect to apply the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) instead of the 
     alternative environmental review and approval procedures of 
     the State.
       ``(g) Adoption or Incorporation by Reference of 
     Documents.--To the maximum extent practicable and consistent 
     with Federal law, other Federal agencies with authority over 
     a project subject to this section shall adopt or incorporate 
     by reference documents produced by a participating State 
     under this section to satisfy the requirements of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(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 25 
     local governments for locally administered projects.
       ``(2) Scope.--For up to 25 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 (42 U.S.C. 4321 et 
     seq.) 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.

[[Page H8702]]

       ``(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 the 
     laws and regulations of the State for the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(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;
       ``(3) a description and assessment of whether 
     implementation of the program has resulted in more efficient 
     review of projects; and
       ``(4) any recommendations for modifications to the program.
       ``(k) Sunset.--The program shall terminate 12 years after 
     the date of enactment of this section.
       ``(l) 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, 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 stringency.--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 at least as stringent as a Federal 
     requirement described in section 330(a)(3) of title 23, 
     United States Code; and
       (B) ensure that the 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 the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (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. 1310. 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 implementing 
     regulations of the cooperating authority or procedures under 
     that 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 
     that 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. 1311. 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 and Incorporation by Reference 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 subsection.
       ``(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 use of 
     the adopting operating administration 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 
     the 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 
     use of the adopting operating administration 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 are 
     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. 1312. 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.

[[Page H8703]]

       ``(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.--A request 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 the 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) Guidance.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall issue 
     guidance to implement this section.
       ``(2) Factors.--As part of the guidance issued 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. 1313. 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').
       ``(b) Contents.--The coordinated and concurrent 
     environmental review and permitting process developed under 
     subsection (a) shall--
       ``(1) ensure that the Department of Transportation 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 of Transportation 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.
       ``(4) Consultation.--The interagency collaboration sessions 
     shall include a consultation with groups or individuals 
     representing State, tribal, and local governments that are 
     engaged in the infrastructure permitting process.
       ``(e) Performance Measurement.--Not later than 1 year after 
     the date of enactment of this section, the Secretary of 
     Transportation, in coordination with relevant Federal 
     agencies, shall establish a program to measure and report on 
     progress toward aligning Federal reviews and reducing 
     permitting and project delivery time as outlined in this 
     section.
       ``(f) Reports.--
       ``(1) Report to congress.--Not later than 2 years after the 
     date of enactment of this section and biennially thereafter, 
     the Secretary of Transportation 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 describes--
       ``(A) progress in aligning Federal environmental reviews 
     under this section; and
       ``(B) the impact this section has had on accelerating the 
     environmental review and permitting process.
       ``(2) Inspector general report.--Not later than 3 years 
     after the date of enactment of this section, the Inspector 
     General of the Department of Transportation 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 describes--
       ``(A) progress in aligning Federal environmental reviews 
     under this section; and
       ``(B) the impact this section has had on accelerating the 
     environmental review and permitting process.
       ``(g) Savings Provision.--This section shall not apply to 
     any project subject to section 139 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 309 the following:

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

     SEC. 1314. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED 
                   FEDERAL ASSISTANCE.

       (a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 
     U.S.C. 109 note; Public Law 112-141) 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. 1315. 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

[[Page H8704]]

     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. 1316. ASSUMPTION 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 allow a State to assume the 
     responsibilities of the Secretary 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 assumption of additional authorities by States, 
     including with respect to real estate acquisition and project 
     design.

     SEC. 1317. 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. 4321 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 Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report describing the results of 
     the review carried out under subsection (a).

     SEC. 1318. 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;
       (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.

                       Subtitle D--Miscellaneous

     SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED 
                   TRAFFIC ENFORCEMENT.

       (a) Prohibition.--Except as provided in subsection (b), for 
     fiscal years 2016 through 2020, 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. 1402. 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.--Not later than 180 days after 
     the date of enactment of the FAST Act, 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 website of the 
     Department of Transportation and can be searched and 
     downloaded by users of the website.
       ``(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 provides, 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 greater than $25,000,000, and to the maximum 
     extent practicable, other projects funded under this title, 
     project data describing--
       ``(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, 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;

       ``(vi) the ownership of the highway or bridge;
       ``(vii) 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;
       ``(III) 50,000 or more individuals but less than 200,000 
     individuals; or
       ``(IV) 200,000 or more individuals; and

       ``(viii) available information on 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.''.
       (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. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 104 the following:

     ``Sec. 105. Additional deposits into Highway Trust Fund

       ``(a) In General.--If monies are deposited into the Highway 
     Account or Mass Transit Account pursuant to a law enacted 
     subsequent to the date of enactment of the FAST Act, the 
     Secretary shall make available additional amounts of contract 
     authority under subsections (b) and (c).
       ``(b) Amount of Adjustment.--If monies are deposited into 
     the Highway Account or the

[[Page H8705]]

     Mass Transit Account as described in subsection (a), on 
     October 1 of the fiscal year following the deposit of such 
     monies, the Secretary shall--
       ``(1) make available for programs authorized from such 
     account for such fiscal year a total amount equal to--
       ``(A) the amount otherwise authorized to be appropriated 
     for such programs for such fiscal year; plus
       ``(B) an amount equal to such monies deposited into such 
     account during the previous fiscal year as described in 
     subsection (a); and
       ``(2) distribute the additional amount under paragraph 
     (1)(B) to each of such programs in accordance with subsection 
     (c).
       ``(c) Distribution of Adjustment Among Programs.--
       ``(1) In general.--In making an adjustment for programs 
     authorized to be appropriated from the Highway Account or the 
     Mass Transit Account for a fiscal 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 fiscal year; bears to
       ``(ii) the total amount authorized to be appropriated for 
     such fiscal year for all programs under such account;
       ``(B) multiply the ratio determined under subparagraph (A) 
     by the amount of the adjustment determined under subsection 
     (b)(1)(B); and
       ``(C) adjust the amount that the Secretary would otherwise 
     have allocated for the program for such fiscal 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 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 an adjustment of funding under 
     subsection (c)(1).
       ``(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 amount of an 
     adjustment for a fiscal year under subsection (b) for any of 
     fiscal years 2017 through 2020.
       ``(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 
     3018 of the FAST Act--
       ``(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) 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 FAST Act; and
       ``(C) the Federal Motor Carrier Safety Administration, as 
     authorized under section 31110 of title 49.
       ``(2) Highway account.--The term `Highway Account' means 
     the portion of the Highway Trust Fund that is not the Mass 
     Transit Account.
       ``(3) 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.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 104 
     the following:

``105. Additional deposits into Highway Trust Fund.''.

     SEC. 1404. 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'';
       (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. 1405. 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. 1406. 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) in the matter preceding clause 
     (i) 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. 1407. 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 vehicle-to-
     infrastructure communication equipment'' after ``capital 
     improvements''.
       (b) Surface Transportation Block Grant Program.--Section 
     133(b)(1)(D) of title 23, United States Code, is amended by 
     inserting ``, including the installation of vehicle-to-
     infrastructure communication equipment'' after ``capital 
     improvements''.

     SEC. 1408. FEDERAL SHARE PAYABLE.

       (a) Innovative Project Delivery Methods.--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 inserting ``or project delivery'' after ``or 
     contracting'';
       (2) in subparagraph (B)--
       (A) in clause (iii) by inserting ``and alternative 
     bidding'' before the semicolon at the end;
       (B) in clause (iv) by striking ``or'' at the end;
       (C) by redesignating clause (v) as clause (vi); and
       (D) 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''; and
       (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. 1409. 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. 1410. INTERSTATE WEIGHT LIMITS.

       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.
       ``(n) Operation of Vehicles on Certain Highways in the 
     State of Texas.--If any segment in the State of Texas of 
     United States Route 59, United States Route 77, United States

[[Page H8706]]

     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 the designation may continue to operate on that 
     segment, without regard to any requirement under this 
     section.
       ``(o) Certain Logging Vehicles in the State of Wisconsin.--
       ``(1) In general.--The Secretary shall waive, with respect 
     to a covered logging vehicle, the application of any vehicle 
     weight limit established under this section.
       ``(2) Covered logging vehicle defined.--In this subsection, 
     the term `covered logging vehicle' means a vehicle that--
       ``(A) is transporting raw or unfinished forest products, 
     including logs, pulpwood, biomass, or wood chips;
       ``(B) has a gross vehicle weight of not more than 98,000 
     pounds;
       ``(C) has not less than 6 axles; and
       ``(D) is operating on a segment of Interstate Route 39 in 
     the State of Wisconsin from mile marker 175.8 to mile marker 
     189.
       ``(p) 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, the single axle weight, tandem axle weight, gross 
     vehicle weight, and bridge formula limits under subsection 
     (a) and the width limitation under section 31113(a) of title 
     49 shall not apply to that segment with respect to the 
     operation of any vehicle that could operate legally on that 
     segment before the date of the designation.
       ``(q) Certain Logging Vehicles in the State of Minnesota.--
       ``(1) In general.--The Secretary shall waive, with respect 
     to a covered logging vehicle, the application of any vehicle 
     weight limit established under this section.
       ``(2) Covered logging vehicle defined.--In this subsection, 
     the term `covered logging vehicle' means a vehicle that--
       ``(A) is transporting raw or unfinished forest products, 
     including logs, pulpwood, biomass, or wood chips;
       ``(B) has a gross vehicle weight of not more than 99,000 
     pounds;
       ``(C) has not less than 6 axles; and
       ``(D) is operating on a segment of Interstate Route 35 in 
     the State of Minnesota from mile marker 235.4 to mile marker 
     259.552.
       ``(r) Emergency Vehicles.--
       ``(1) In general.--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.
       ``(2) Emergency vehicle defined.--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.
       ``(s) 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.''.

     SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION 
                   AND REHABILITATION.

       (a) Tolling.--Section 129(a) of title 23, United States 
     Code, is amended--
       (1) in paragraph (3)(A), in the matter preceding clause 
     (i)--
       (A) by striking ``shall use'' and inserting ``shall ensure 
     that''; and
       (B) by inserting ``are used'' before ``only for'';
       (2) by striking paragraph (4) and redesignating paragraphs 
     (5) through (9) as paragraphs (4) through (8), respectively; 
     and
       (3) in subparagraph (B) of paragraph (4) (as so 
     redesignated) by striking ``Federal-aid system'' and 
     inserting ``Federal-aid highways'';
       (4) by inserting after paragraph (8) (as so redesignated)--
       ``(9) Equal access for over-the-road buses.--An over-the-
     road bus that serves the public shall be provided access to a 
     toll facility under the same rates, terms, and conditions as 
     public transportation buses.''; and
       (5) in paragraph (10)--
       (A) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (B) by inserting after subparagraph (B) the following:
       ``(C) Over-the-road bus.--The term `over-the-road bus' has 
     the meaning given the term in section 301 of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12181).''.
       (b) HOV Facilities.--Section 166 of title 23, United States 
     Code, is amended--
       (1) by striking ``the agency'' each place it appears and 
     inserting ``the authority'';
       (2) 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'';
       (3) in subsection (b)--
       (A) by striking ``State agency'' each place it appears and 
     inserting ``public authority'';
       (B) in paragraph (3)--
       (i) in subparagraph (A) by striking ``and'' at the end;
       (ii) in subparagraph (B) by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) provides equal access under the same rates, terms, 
     and conditions for all public transportation vehicles and 
     over-the-road buses serving the public.'';
       (C) in paragraph (4)(C)--
       (i) in clause (i) by striking ``and'' at the end;
       (ii) in clause (ii) by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) ensure that over-the-road buses serving the public 
     are provided access to the facility under the same rates, 
     terms, and conditions as public transportation buses.''; and
       (D) in paragraph (5)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Special rule.--Before September 30, 2025, if a public 
     authority establishes procedures for enforcing the 
     restrictions on the use of a HOV facility by vehicles 
     described in clauses (i) and (ii), the public authority 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.''; and
       (ii) in subparagraph (B) by striking ``2017'' and inserting 
     ``2019'';
       (4) in subsection (c)--
       (A) by striking paragraph (1) and inserting the following:
       ``(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.''; and
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2);
       (5) in subsection (d)--
       (A) by striking ``State agency'' each place it appears and 
     inserting ``public authority'';
       (B) in paragraph (1)--
       (i) by striking subparagraphs (D) and (E); and
       (ii) by inserting after subparagraph (C) 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 public authority with jurisdiction over the facility 
     shall submit to the Secretary for approval a plan that 
     details the actions the public authority will take to make 
     significant progress toward bringing the facility into 
     compliance with the minimum average operating speed 
     performance standard through changes to the 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 public authority 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 make significant progress 
     toward bringing the HOV facility into compliance with the 
     minimum average operating speed performance standard.
       ``(iii) Annual progress updates.--Until the date on which 
     the Secretary determines that the public authority has 
     brought the HOV facility into compliance with this 
     subsection, the public authority shall submit annual updates 
     that describe--

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

       ``(E) Compliance.--If the public authority fails to bring a 
     facility into compliance under subparagraph (D), the 
     Secretary shall subject the public authority 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.
       ``(F) Waiver.--
       ``(i) In general.--Upon the request of a public authority, 
     the Secretary may waive the compliance requirements of 
     subparagraph (E), if the Secretary determines that--

       ``(I) the waiver is in the best interest of the traveling 
     public;
       ``(II) the public authority is meeting the conditions under 
     subparagraph (D); and
       ``(III) 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 providing a waiver under this subparagraph, that 
     a public authority take additional actions, as determined by 
     the Secretary, to maximize the operating speed performance of 
     the facility, even if such performance is below the level set 
     under paragraph (2).'';
       (6) in subsection (f)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``solely'' before ``operating'';
       (B) in paragraph (4)(B)(iii) by striking ``State agency'' 
     and inserting ``public authority'';
       (C) by striking paragraph (5);
       (D) by redesignating paragraph (4) as paragraph (6); and
       (E) by inserting after paragraph (3) the following:
       ``(4) Over-the-road bus.--The term `over-the-road bus' has 
     the meaning given the term in section 301 of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12181).

[[Page H8707]]

       ``(5) 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.''; and
       (7) by adding at the end the following:
       ``(g) Consultation of MPO.--If a HOV facility charging 
     tolls under paragraph (4) or (5) of subsection (b) is on the 
     Interstate System and located in a metropolitan planning area 
     established in accordance with section 134, the public 
     authority shall consult with the metropolitan planning 
     organization for the area concerning the placement and amount 
     of tolls on 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 the authority 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 (42 U.S.C. 4321 et 
     seq.);
       ``(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).
       ``(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 FAST Act shall have 1 year after that 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. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING 
                   TRAINS.

       Section 130(a) of title 23, United States Code, is amended 
     by striking ``and the relocation of highways to eliminate 
     grade crossings'' and inserting ``the relocation of highways 
     to eliminate grade crossings, and projects at grade crossings 
     to eliminate hazards posed by blocked grade crossings due to 
     idling trains''.

     SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 
                   PROPANE, 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 hydrogen, 
       propane, and natural gas fueling corridors

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the FAST Act, the Secretary shall designate 
     national electric vehicle charging and hydrogen, propane, and 
     natural gas fueling corridors that identify the near- and 
     long-term need for, and location of, electric vehicle 
     charging infrastructure, hydrogen fueling infrastructure, 
     propane fueling 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, propane, 
     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, 
     hydrogen fueling, propane fueling, 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 stations, hydrogen fueling 
     stations, propane 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, propane, 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 infrastructure, 
     hydrogen fueling infrastructure, propane fueling 
     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 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, and natural gas fueling 
     infrastructure in those corridors by the end of fiscal year 
     2020.''.
       (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 and hydrogen, propane, and 
              natural gas fueling corridors.''.
       (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 (or allow, on a 
     reimbursable basis, the use of a 120-volt electrical 
     receptacle for battery recharging) 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) Areas under other federal agencies.--The Administrator 
     of General Services (on the request of a Federal agency) or 
     the head of a Federal agency may install, construct, operate, 
     and maintain on a reimbursable basis a battery recharging 
     station (or allow, on a reimbursable basis, the use of a 120-
     volt electrical receptacle for battery recharging) in a 
     parking area that is in the custody, control, or 
     administrative jurisdiction of the requesting 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 subparagraph (A) or (B), or the head of a 
     Federal agency, with respect to subparagraph (B), may carry 
     out 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 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 affects 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

[[Page H8708]]

       (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--
       (A) repeals or limits any existing authorities of a Federal 
     agency to install, construct, operate, or maintain battery 
     recharging stations; or
       (B) requires a Federal agency to seek reimbursement for the 
     costs of installing or constructing a battery recharging 
     station--
       (i) that has been installed or constructed prior to the 
     date of enactment of this Act;
       (ii) that is installed or constructed for Federal fleet 
     vehicles, but that receives incidental use to recharge 
     privately owned vehicles; or
       (iii) that is otherwise installed or constructed pursuant 
     to appropriations for that purpose.
       (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 Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report describing--
       (A) the number of battery recharging stations installed by 
     the Administrator on the Administrator's own initiative under 
     this subsection;
       (B) requests from other Federal agencies to install battery 
     recharging stations; and
       (C) 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 the term ``Executive 
     agency'' in section 105 of title 5, United States Code, and 
     includes--
       (A) the United States Postal Service;
       (B) the Executive Office of the President;
       (C) the military departments (as defined in section 102 of 
     title 5, United States Code); and
       (D) the judicial branch.
       (7) Effective date.--This subsection shall apply with 
     respect to fiscal year 2016 and each succeeding fiscal year.

     SEC. 1414. 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'';
       (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)(II) by inserting before the semicolon the 
     following: ``(unless the State certifies that the general 
     practice is that such an individual will be incarcerated)''; 
     and
       (ii) in clause (ii)(II) by inserting before the period at 
     the end the following: ``(unless the State certifies that the 
     general practice is that such an individual will receive 10 
     days of incarceration)''; and
       (4) by adding at the end the following:
       ``(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. 1415. 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. 1416. 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 (105 Stat. 2032; 112 
     Stat. 190; 119 Stat. 1213) 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.
       ``(86) Interstate Route 70 from Denver, Colorado, to Salt 
     Lake City, Utah.
       ``(87) The Oregon 99W Newberg-Dundee Bypass Route between 
     Newberg, Oregon, and Dayton, Oregon.
       ``(88) Interstate Route 205 in Oregon from its intersection 
     with Interstate Route 5 to the Columbia River.''.
       (b) Inclusion of Certain Route Segments on Interstate 
     System.--Section 1105(e)(5)(A) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (109 Stat. 597; 118 
     Stat. 293; 119 Stat. 1213) is amended in the first sentence--
       (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 (109 
     Stat. 598; 126 Stat. 427) 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. The route referred to in subsection (c)(84) is 
     designated as Interstate Route I-14.''.
       (d) Future Interstate Designation.--Section 119(a) of the 
     SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1608) 
     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, and, as a future Interstate Route 65 and 66 Spur, 
     the William H. Natcher Parkway between Bowling Green, 
     Kentucky, and Owensboro, Kentucky''.

     SEC. 1417. 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.''.

[[Page H8709]]

  


     SEC. 1418. 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 2020, 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. 1419. 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. 1420. 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. 1421. 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. 1422. 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. 1423. 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. 1424. PILOT PROGRAM.

       (a) In General.--The Administrator of the Federal Highway 
     Administration (referred to in this section as the 
     ``Administrator'') may establish a pilot program that allows 
     a State to utilize innovative approaches to maintain the 
     right-of-way of Federal-aid highways within the State.
       (b) Limitation.--A pilot program established under 
     subsection (a) shall--
       (1) terminate after not more than 4 years;
       (2) include not more than 5 States; and
       (3) be subject to guidelines published by the 
     Administrator.
       (c) Report.--If the Administrator establishes a pilot 
     program under subsection (a), the Administrator 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.
       (d) Savings Provision.--Nothing in this section may be 
     construed to affect the requirements of section 111 of title 
     23, United States Code.

     SEC. 1425. 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), if a State notifies the Federal 
     Highway Administration, the State may allow the maintenance 
     of a sign of a service club, charitable association, or 
     religious service organization--
       (1) that exists on the date of enactment of this Act (or 
     was removed in the 3-year period ending on such date of 
     enactment); and
       (2) the area of which is less than or equal to 32 square 
     feet.

     SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL.

       The Secretary, acting through the Administrator of the 
     Federal Highway Administration, 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.

     SEC. 1427. HIGHWAY WORK ZONES.

       It is the sense of Congress 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.

     SEC. 1428. 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.

     SEC. 1429. 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 under subsection 
     (a), the Secretary shall evaluate identification methods 
     based on the ability of the method--
       (1) to convey information on the devices, including 
     manufacturing date, factory of origin, product brand, and 
     model;
       (2) to withstand roadside conditions; and
       (3) to 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 under subsection (a).

     SEC. 1430. 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

[[Page H8710]]

     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.

     SEC. 1431. 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 United States, 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 (referred to 
     in this section 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) State 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 intermodal transportation network of the 
     United States 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;
       (3) promote the sharing of information between the private 
     and public sectors on transportation issues impacting travel 
     and tourism;
       (4) gather information, develop technical advice, and make 
     recommendations to the Secretary on policies that improve the 
     condition and performance of an integrated national 
     transportation system that--
       (A) is safe, economical, and efficient; and
       (B) maximizes the benefits to the United States generated 
     through the 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.--Not later than 3 years after the date of enactment of 
     this Act, the Secretary, in consultation with the Committee, 
     State departments of transportation, and other appropriate 
     public and private transportation stakeholders, shall develop 
     and post on the public Internet website of the Department a 
     national travel and tourism infrastructure strategic plan 
     that includes--
       (1) an assessment of the condition and performance of the 
     national transportation network;
       (2) an identification of the issues on the national 
     transportation network that create significant congestion 
     problems and barriers to long-haul passenger travel and 
     tourism,
       (3) forecasts of long-haul passenger travel and tourism 
     volumes for the 20-year period beginning in the year during 
     which the plan is issued;
       (4) 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;
       (5) an assessment of statutory, regulatory, technological, 
     institutional, financial, and other barriers to improved 
     long-haul passenger travel performance (including 
     opportunities for overcoming the barriers);
       (6) best practices for improving the performance of the 
     national transportation network; and
       (7) strategies to improve intermodal connectivity for long-
     haul passenger travel and tourism.

     SEC. 1432. EMERGENCY EXEMPTIONS.

       (a) In General.--Any road, highway, railway, bridge, or 
     transit facility that is damaged by an emergency that is 
     declared by the Governor of the State, with the concurrence 
     of 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 may be reconstructed 
     in the same location with the same capacity, dimensions, and 
     design as before the emergency subject to the exemptions and 
     expedited procedures under subsection (b).
       (b) Exemptions and Expedited Procedures.--
       (1) Alternative arrangements.--Alternative arrangements for 
     an emergency under section 1506.11 of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act) shall apply to reconstruction under subsection (a), 
     and the reconstruction shall be considered necessary to 
     control the immediate impacts of the emergency.
       (2) Stormwater discharge permits.--A general permit for 
     stormwater discharges from construction activities, if 
     available, issued by the Administrator of the Environmental 
     Protection Agency or the director of a State program under 
     section 402(p) of the Federal Water Pollution Control Act (33 
     U.S.C. 1342(p)), as applicable, shall apply to reconstruction 
     under subsection (a), on submission of a notice of intent to 
     be subject to the permit.
       (3) Emergency procedures.--The emergency procedures for 
     issuing permits in accordance with section 325.2(e)(4) of 
     title 33, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act) shall apply to reconstruction 
     under subsection (a), and the reconstruction shall be 
     considered an emergency under that regulation.
       (4) National historic preservation act exemption.--
     Reconstruction under subsection (a) is eligible for an 
     exemption from the requirements of the National Historic 
     Preservation Act of 1966 pursuant to part 78 of title 36, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this Act).
       (5) Endangered species act exemption.--An exemption from 
     the requirements of the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) pursuant to section 7(p) of that Act (16 
     U.S.C. 1536(p)) shall apply to reconstruction under 
     subsection (a) and, if the President makes the determination 
     required under section 7(p) of that Act, the determinations 
     required under subsections (g) and (h) of that section shall 
     be deemed to be made.
       (6) Expedited consultation under endangered species act.--
     Expedited consultation pursuant to section 402.05 of title 
     50, Code of Federal Regulations (as in effect on the date of 
     enactment of this Act) shall apply to reconstruction under 
     subsection (a).
       (7) Other exemptions.--Any reconstruction that is exempt 
     under paragraph (5) shall also be exempt from requirements 
     under--
       (A) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (B) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.); and
       (C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.).

     SEC. 1433. 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--
       (1) the types of administrative expenses of programs and 
     offices funded by the Highway Trust Fund;
       (2) the tracking and monitoring of administrative expenses;
       (3) the controls in place to ensure that funding for 
     administrative expenses is used as efficiently as 
     practicable; and
       (4) the flexibility of the Department to reallocate amounts 
     from the Highway Trust Fund between full-time equivalent 
     employees and other functions.

     SEC. 1434. 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. 1435. 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. 1436. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.

       (a) High-speed Broadband Development Initiative.--

[[Page H8711]]

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

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

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

``14509. High-speed broadband deployment initiative.''.
       (b) Authorization of Appropriations.--Section 14703 of 
     title 40, United States Code, is amended--
       (1) in subsection (a)(5), by striking ``fiscal year 2012'' 
     and inserting ``each of fiscal years 2012 through 2020'';
       (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 may 
     be used to carry out section 14509 for each of fiscal years 
     2016 through 2020.''.
       (c) Termination.--Section 14704 of title 40, United States 
     Code, is amended by striking ``2012'' and inserting ``2020''.
       (d) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2015.

     SEC. 1437. BORDER STATE INFRASTRUCTURE.

       (a) 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 the 
     funds made available to the State under section 133(d)(1)(B) 
     of title 23, United States Code, for border infrastructure 
     projects eligible under section 1303 of SAFETEA-LU (23 U.S.C. 
     101 note; 119 Stat. 1207).
       (b) Use of Funds.--Funds designated under this section 
     shall be available under the requirements of section 1303 of 
     SAFETEA-LU (23 U.S.C. 101 note; 119 Stat. 1207).
       (c) Certification.--Before making a designation under 
     subsection (a), the Governor shall certify that the 
     designation is consistent with transportation planning 
     requirements under title 23, United States Code.
       (d) Notification.--Not later than 30 days after making a 
     designation under subsection (a), 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.
       (e) Limitation.--This section applies only to funds 
     apportioned to a State after the date of enactment of this 
     Act.
       (f) Deadline for Designation.--A designation under 
     subsection (a) shall--
       (1) be submitted to the Secretary not later than 30 days 
     before the first day of the fiscal year for which the 
     designation is being made; and
       (2) remain in effect for the funds designated under 
     subsection (a) for a fiscal year until the Governor of the 
     State notifies the Secretary of the termination of the 
     designation.
       (g) Unobligated Funds After Termination.--Effective 
     beginning on the date of a termination under subsection 
     (f)(2), all remaining unobligated funds that were designated 
     under subsection (a) for the fiscal year for which the 
     designation is being terminated shall be made available to 
     the State for the purposes described in section 133(d)(1)(B) 
     of title 23, United States Code.

     SEC. 1438. ADJUSTMENTS.

       (a) In General.--On July 1, 2020, of the unobligated 
     balances of funds apportioned among the States under chapter 
     1 of title 23, United States Code, a total of $7,569,000,000 
     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) section 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, 2019, for the State; bears to
       (2) the unobligated balances subject to the rescission as 
     of September 30, 2019, 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, 2019, for 
     such program in such State; bears to
       (2) the unobligated balances as of September 30, 2019, for 
     all programs to which the rescission applies in such State.

     SEC. 1439. 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. 1440. 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.

[[Page H8712]]

       (c) Eligibility.--The Secretary may reimburse preliminary 
     engineering costs incurred by a recipient or subrecipient 
     under subsection (b)--
       (1) if the costs meet all applicable requirements under 
     title 23, United States Code, at the time the costs are 
     incurred and the Secretary concurs that the requirements have 
     been met;
       (2) in the case of a project located within a designated 
     nonattainment or maintenance area for air quality, if the 
     conformity requirements of the Clean Air Act (42 U.S.C. 7401 
     et seq.) have been met; and
       (3) if the costs would have been allowable if incurred 
     after the date of the project authorization by the 
     Department.
       (d) At-risk.--A recipient or subrecipient that elects to 
     use the authority provided under this section shall--
       (1) assume all risk for preliminary engineering costs 
     incurred prior to project authorization; and
       (2) be responsible for ensuring and demonstrating to the 
     Secretary that all applicable cost eligibility conditions are 
     met after the authorization is received.
       (e) Restrictions.--Nothing in this section--
       (1) allows a recipient or subrecipient to use the authority 
     under this section to advance a project beyond preliminary 
     engineering prior to the completion of the environmental 
     review process;
       (2) waives the applicability of Federal requirements to a 
     project other than the reimbursement of preliminary 
     engineering costs incurred prior to an authorization to 
     proceed in accordance with this section; or
       (3) guarantees Federal funding of the project or the 
     eligibility of the project for future Federal-aid highway 
     funding.

     SEC. 1441. 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. 1442. 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) of all users of the surface 
     transportation network, including motorized and nonmotorized 
     users, in all phases of project planning, development, and 
     operation.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall make available to 
     the public a report cataloging examples of State law or State 
     transportation policy that provide for the safe and adequate 
     accommodation of all users of the surface transportation 
     network, in all phases of project planning, development, and 
     operation.
       (c) Best Practices.--Based on the report 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 surface transportation network in all 
     phases of project planning, development, and operation.

     SEC. 1443. SENSE OF CONGRESS.

       It is the sense of Congress that the engineering industry 
     of the United States 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 engineering 
     industry of the United States 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.

     SEC. 1444. 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 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 Web site.

     SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

       Section 5028(a) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 3907(a)) is amended--
       (1) by striking paragraph (5); and
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively.

     SEC. 1446. TECHNICAL CORRECTIONS.

       (a) Title 23.--Title 23, United States Code, is amended as 
     follows:
       (1) Section 119(d)(1)(A) is amended by striking 
     ``mobility,'' and inserting ``congestion reduction, system 
     reliability,''.
       (2) Section 126(b)(1) is amended by striking ``133(d)'' and 
     inserting ``133(d)(1)(A)''.
       (3) Section 127(a)(3) is amended by striking ``118(b)(2) of 
     this title'' and inserting ``118(b)''.
       (4) Section 150(b)(5) is amended by striking ``national 
     freight network'' and inserting ``National Highway Freight 
     Network''.
       (5) Section 150(c)(3)(B) is amended by striking the 
     semicolon at the end and inserting a period.
       (6) Section 150(e)(4) is amended by striking ``National 
     Freight Strategic Plan'' and inserting ``national freight 
     strategic plan''.
       (7) Section 153(h)(2) is amended by striking ``paragraphs 
     (1) through (3)'' and inserting ``paragraphs (1), (2), and 
     (4)''.
       (8) Section 154(c) is amended--
       (A) in paragraph (1) by striking ``paragraphs (1), (3), and 
     (4)'' and inserting ``paragraphs (1), (2), and (4)'';
       (B) in paragraph (3)(A) by striking ``transferred'' and 
     inserting ``reserved''; and
       (C) 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)''.
       (9) Section 163(f)(2) is amended by striking ``118(b)(2)'' 
     and inserting ``118(b)''.
       (10) 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''.
       (11) Section 165(c)(7) is amended by striking ``paragraphs 
     (2), (4), (7), (8), (14), and (19) of section 133(b)'' and 
     inserting ``paragraphs (1) through (4) of section 133(c) and 
     section 133(b)(12)''.
       (12) Section 202(b)(3) is amended--
       (A) in subparagraph (A)(i), in the matter preceding 
     subclause (I), by inserting ``(a)(6),'' after 
     ``subsections''; and
       (B) in subparagraph (C)(ii)(IV), by striking ``(III).]'' 
     and inserting ``(III).''.
       (13) Section 217(a) is amended by striking ``104(b)(3)'' 
     and inserting ``104(b)(4)''.
       (14) Section 515 is amended by striking ``this chapter'' 
     each place it appears and inserting ``sections 512 through 
     518''.

[[Page H8713]]

       (b) Title 49.--Section 6302(b)(3)(B)(vi)(III) of title 49, 
     United States Code, is amended by striking ``6310'' and 
     inserting ``6309''.
       (c) SAFETEA-LU.--Section 4407 of SAFETEA-LU (Public Law 
     109-59; 119 Stat. 1777) is amended by striking ``hereby 
     enacted into law'' and inserting ``granted''.
       (d) 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)--
       (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), by striking ``than rail'' in the matter 
     proposed to be struck and inserting ``than on rail''.
       (e) Transportation Research and Innovative Technology Act 
     of 2012.--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 II--INNOVATIVE PROJECT FINANCE

     SEC. 2001. 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.'';
       (3) in paragraph (3) by striking ``this chapter'' and 
     inserting ``the TIFIA program'';
       (4) in paragraph (10)--
       (A) by striking ``(10) Master credit agreement.--'' and all 
     that follows before subparagraph (A) and inserting the 
     following:
       ``(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 covered 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--'';
       (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 ``in 
     section 602(c)'' and inserting ``under the TIFIA program, 
     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 (C) by striking ``and'' at the end;
       (B) in subparagraph (D)(iv) by striking the period at the 
     end and inserting a semicolon; and
       (C) 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, or 
     capital project described in section 5302(3)(G)(v) of title 
     49, and related infrastructure; and
       ``(F) the capitalization of a rural projects fund.'';
       (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 so 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 so 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 paragraph 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 ``subparagraph (B), 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 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.'';

       (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 of 
     title 23, United States Code, is amended--
       (1) in subsection (a) by striking paragraph (2) and 
     inserting the following:

[[Page H8714]]

       ``(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.'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) by striking ``The amount of'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of''; and
       (ii) 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).'';
       (B) in paragraph (3)(A)(i)--
       (i) in subclause (III) by striking ``or'' at the end;
       (ii) in subclause (IV) by striking ``and'' at the end and 
     inserting ``or''; and
       (iii) 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'';

       (C) in paragraph (4)(B)--
       (i) in clause (i) by striking ``under this chapter'' and 
     inserting ``or a rural projects fund under the TIFIA 
     program''; and
       (ii) in clause (ii) by inserting ``and rural project 
     funds'' after ``rural infrastructure projects'';
       (D) in paragraph (5)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (ii) in the matter preceding clause (i) (as so 
     redesignated) by striking ``The final'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the final''; and
       (iii) 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.'';
       (E) in paragraph (8) by striking ``this chapter'' and 
     inserting ``the TIFIA program''; and
       (F) in paragraph (9)--
       (i) 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
       (ii) by adding at the end the following:
       ``(B) Rural projects fund.--A project capitalizing a rural 
     projects fund shall satisfy subparagraph (A) through 
     compliance with the Federal share requirement described in 
     section 610(e)(3)(B).''; and
       (3) by adding at the end the following:
       ``(f) Streamlined Application Process.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the FAST Act, the Secretary shall make 
     available an expedited application process or processes 
     available at the request of entities seeking secured loans 
     under the TIFIA program that use a set or sets of 
     conventional terms established pursuant to this section.
       ``(2) Terms.--In establishing the streamlined application 
     process required by this subsection, the Secretary may 
     include terms commonly included in prior credit agreements 
     and allow for an expedited application period, including--
       ``(A) the secured loan is in an amount of not greater than 
     $100,000,000;
       ``(B) the secured loan is secured and payable from pledged 
     revenues not affected by project performance, such as a tax-
     backed revenue pledge, tax increment financing, or a system-
     backed pledge of project revenues; and
       ``(C) repayment of the loan commences not later than 5 
     years after disbursement.''.
       (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)(5), 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) in a fiscal year shall be made available on October 1 of 
     the following fiscal year to provide credit assistance to any 
     project under the TIFIA program.''.
       (e) State and Local Permits.--Section 606 of title 23, 
     United States Code, is amended in the matter preceding 
     paragraph (1) by striking ``this chapter'' and inserting 
     ``the TIFIA program''.
       (f) Regulations.--Section 607 of title 23, United States 
     Code, is amended by striking ``this chapter'' and inserting 
     ``the TIFIA program''.
       (g) Funding.--Section 608 of title 23, United States Code, 
     is amended--
       (1) by striking ``this chapter'' each place it appears and 
     inserting ``the TIFIA program''; and
       (2) in subsection (a)--
       (A) in paragraph (2) by inserting ``of'' after ``504(f)'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by inserting ``or rural projects 
     funds'' after ``rural infrastructure projects''; and
       (ii) in subparagraph (B), by inserting ``or rural projects 
     funds'' after ``rural infrastructure projects'';
       (C) by striking paragraphs (4) and (6) and redesignating 
     paragraph (5) as paragraph (4); and
       (D) by inserting at the end the following:
       ``(5) Administrative costs.--Of the amounts made available 
     to carry out the TIFIA program, the Secretary may use not 
     more than $6,875,000 for fiscal year 2016, $7,081,000 for 
     fiscal year 2017, $7,559,000 for fiscal year 2018, $8,195,000 
     for fiscal year 2019, and $8,441,000 for fiscal year 2020 for 
     the administration of the TIFIA program.''.
       (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 of fiscal years 2016 through 2020 
     under each of paragraphs (1), (2), and (5) of section 104(b); 
     and'';
       (B) in paragraph (2) by striking ``fiscal years 2005 
     through 2009'' and inserting ``fiscal years 2016 through 
     2020'';
       (C) in paragraph (3) by striking ``fiscal years 2005 
     through 2009'' and inserting ``fiscal years 2016 through 
     2020'';
       (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 sections 602 and 603.''; and
       (F) in paragraph (6) (as so 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 of the bank, 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 ``fiscal years 2005 
     through 2009'' and inserting ``fiscal years 2016 through 
     2020''.

     SEC. 2002. 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''.

[[Page H8715]]

  


     SEC. 3002. DEFINITIONS.

       Section 5302 of title 49, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C) by inserting ``functional'' before 
     ``landscaping and''; and
       (B) in subparagraph (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) by striking subparagraph (I) and inserting the 
     following:
       ``(I) the provision of nonfixed route paratransit 
     transportation services in accordance with section 223 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12143), 
     but only for grant recipients that are in compliance with 
     applicable requirements of that Act, including both fixed 
     route and demand responsive service, and only for amounts--
       ``(i) not to exceed 10 percent of such recipient's annual 
     formula apportionment under sections 5307 and 5311; or
       ``(ii) not to exceed 20 percent of such recipient's annual 
     formula apportionment under sections 5307 and 5311, if, 
     consistent with guidance issued by the Secretary, the 
     recipient demonstrates that the recipient meets at least 2 of 
     the following requirements:

       ``(I) Provides an active fixed route travel training 
     program that is available for riders with disabilities.
       ``(II) Provides that all fixed route and paratransit 
     operators participate in a passenger safety, disability 
     awareness, and sensitivity training class on at least a 
     biennial basis.
       ``(III) Has memoranda of understanding in place with 
     employers and the American Job Center to increase access to 
     employment opportunities for people with disabilities.'';

       (D) in subparagraph (K) by striking ``or'' at the end;
       (E) in subparagraph (L) by striking the period at the end 
     and inserting a semicolon; and
       (F) 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 property value to property located 
     near public transportation resulting from investments in 
     public transportation.''.

     SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION 
                   PLANNING.

       (a) In General.--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, and 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).''; 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 ``tourism, natural 
     disaster risk reduction,'' after ``economic development,'';
       (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 resiliency 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 the vulnerability of the existing 
     transportation infrastructure to natural disasters''; 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, 
     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)'';
       (8) 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 serving 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.'';
       (9) 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'';
       (10) in subsection (p) by striking ``Funds set aside under 
     section 104(f)'' and inserting ``Funds apportioned under 
     section 104(b)(5)''; and
       (11) by adding at the end the following:
       ``(r) Bi-State Metropolitan Planning Organization.--
       ``(1) Definition of bi-state mpo region.--In this 
     subsection, the term `Bi-State Metropolitan Planning 
     Organization' 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 Bi-
     State Metropolitan Planning Organization 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.''.
       (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 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 resiliency 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) in paragraph (2) by inserting ``or demand response 
     service, excluding ADA complementary paratransit service,'' 
     before ``during'' each place it appears; and
       (B) by adding at the end the following:
       ``(3) Exception to the special rule.--Notwithstanding 
     paragraph (2), if a public transportation system described in 
     such 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 the paragraph 
     by a method other than by measuring vehicle revenue hours, 
     each public transportation system that is a

[[Page H8716]]

     party to the written agreement may follow the terms of the 
     written agreement without regard to measured vehicle revenue 
     hours referred to in the paragraph.''; and
       (2) in subsection (c)(1)--
       (A) in subparagraph (C), by inserting ``in accordance with 
     the recipient's transit asset management plan'' after 
     ``equipment and facilities''; and
       (B) in subparagraph (K), by striking ``Census--'' and all 
     that follows through clause (ii) and inserting the following: 
     ``Census, will submit an annual report listing projects 
     carried out in the preceding fiscal year under this section 
     for associated transit improvements as defined in section 
     5302; and''.

     SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

       (a) In General.--Section 5309 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``and weekend days'';
       (B) in paragraph (6)--
       (i) in subparagraph (A) by inserting ``, small start 
     projects,'' after ``new fixed guideway capital projects''; 
     and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) 2 or more projects that are any combination of new 
     fixed guideway capital projects, small start projects, and 
     core capacity improvement projects.''; and
       (C) in paragraph (7)--
       (i) in subparagraph (A), by striking ``$75,000,000'' and 
     inserting ``$100,000,000''; and
       (ii) in subparagraph (B), by striking ``$250,000,000'' and 
     inserting ``$300,000,000'';
       (2) in subsection (d)--
       (A) in paragraph (1)(B) by striking ``, policies and land 
     use patterns that promote public transportation,''; and
       (B) in paragraph (2)(A)--
       (i) in clause (iii) by adding ``and'' after the semicolon;
       (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 (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.).'';
       (5) 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 
     capital projects, small start projects, and core capacity 
     improvement projects;''; and
       (iii) in subparagraph (F), by inserting ``or subsection 
     (h)(5), as applicable'' after ``subsection (f)''; and
       (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.'';
       (6) in subsection (l)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Estimation of net capital project cost.--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.
       ``(B) Grants.--
       ``(i) Grant for new fixed guideway capital project.--A 
     grant for a new fixed guideway capital project shall not 
     exceed 80 percent of the net capital project cost.
       ``(ii) Full funding grant agreement for new fixed guideway 
     capital project.--A full funding grant agreement for a new 
     fixed guideway capital project shall not include a share of 
     more than 60 percent from the funds made available under this 
     section.
       ``(iii) Grant for core capacity improvement project.--A 
     grant for a core capacity improvement project shall not 
     exceed 80 percent of the net capital project cost of the 
     incremental cost to increase the capacity in the corridor
       ``(iv) Grant for small start project.--. A grant for a 
     small start project shall not exceed 80 percent of the net 
     capital project costs.''; and
       (B) by striking paragraph (4) and inserting the following:
       ``(4) Remaining costs.--The remainder of the net capital 
     project costs shall be provided--
       ``(A) in cash from non-Government sources;
       ``(B) from revenues from the sale of advertising and 
     concessions; or
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital.'';
       (7) by striking subsection (n) and inserting the following:
       ``(n) Availability of Amounts.--
       ``(1) In general.--An amount made available or appropriated 
     for a new fixed guideway capital project or core capacity 
     improvement project shall remain available to that project 
     for 4 fiscal years, including the fiscal year in which the 
     amount is made available or appropriated. Any amounts that 
     are unobligated to the project at the end of the 4-fiscal-
     year period may be used by the Secretary for any purpose 
     under this section.
       ``(2) Use of deobligated amounts.--An amount available 
     under this section that is deobligated may be used for any 
     purpose under this section.''; and
       (8) by adding at the end the following:
       ``(p) 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 non-functional landscaping elements 
     from the annualized capital cost calculation.
       ``(q) 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

[[Page H8717]]

       (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 capital 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 8 
     grants under this subsection for eligible projects if the 
     Secretary determines that--
       (i) the eligible project is part of an approved 
     transportation plan required under sections 5303 and 5304 of 
     title 49, United States Code;
       (ii) the applicant has, or will have--

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

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

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

       (v) the eligible project is supported by an acceptable 
     degree of local financial commitment (including evidence of 
     stable and dependable financing sources); and
       (vi) the eligible project will be operated and maintained 
     by employees of an existing provider of fixed guideway or bus 
     rapid transit public transportation in the service area of 
     the project, or if none exists, by employees of an existing 
     public transportation provider in the service area.
       (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

[[Page H8718]]

     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 on 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.
       (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 4 
     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 4-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. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH 
                   DISABILITIES.

       (a) In General.--Section 5310 of title 49, United States 
     Code, is amended--
       (1) in subsection (a), 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.''; and
       (2) by adding at the end the following:
       ``(i) Best Practices.--The Secretary shall collect from, 
     review, and disseminate to public transportation agencies--
       ``(1) innovative practices;
       ``(2) program models;
       ``(3) new service delivery options;
       ``(4) findings from activities under subsection (h); and
       ``(5) transit cooperative research program reports.''.
       (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 
     nonemergency 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 appropriate 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 
     nonemergency medical transportation services for the 
     transportation disadvantaged; or
       (ii) nonprofit entities engaged in the coordination of 
     nonemergency medical transportation services for the 
     transportation disadvantaged;

[[Page H8719]]

       (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) Report.--The Secretary shall make publicly available an 
     annual report on the pilot program carried out under this 
     subsection for each fiscal year, not later than December 31 
     of the calendar year in which that fiscal year ends. The 
     report shall include a detailed description of the activities 
     carried out under the pilot program, and an evaluation of the 
     program, including an evaluation of the performance measures 
     described in paragraph (3)(D).
       (5) 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.
       (6) Rule of construction.--For purposes of this subsection, 
     nonemergency 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) Coordinated Mobility.--
       (1) Definitions.--In this subsection, the following 
     definitions apply:
       (A) 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.
       (B) Council.--The term ``Council'' means the Interagency 
     Transportation Coordinating Council on Access and Mobility 
     established under Executive Order No. 13330 (49 U.S.C. 101 
     note).
       (2) 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--
       (A) outlines the role and responsibilities of each Federal 
     agency with respect to local transportation coordination, 
     including nonemergency 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 No. 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;
       (D) to the extent feasible, addresses recommendations by 
     the Comptroller General concerning local coordination of 
     transportation services;
       (E) examines and proposes changes to Federal regulations 
     that will eliminate Federal barriers to local transportation 
     coordination, including non-emergency medical transportation; 
     and
       (F) recommends to Congress changes to Federal laws, 
     including chapter 7 of title 42, United States Code, that 
     will eliminate Federal barriers to local transportation 
     coordination, including nonemergency medical transportation.
       (3) Development of cost-sharing policy in compliance with 
     applicable federal laws.--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 nonemergency 
     medical transportation, to use the cost-sharing policy in a 
     manner that does not violate applicable Federal laws; and
       (B) 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.
       (4) Report.--The Council shall, concurrently with 
     submission to the President of a report containing final 
     recommendations of the Council, transmit such report to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.

     SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.

       (a) In General.--Section 5311 of title 49, United States 
     Code, is amended--
       (1) in subsection (c)(1), 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).'';
       (2) in subsection (g)(3)--
       (A) by redesignating subparagraphs (A) through (D) as 
     subparagraphs (C) through (F), respectively;
       (B) by inserting before subparagraph (C) (as so 
     redesignated) the following:
       ``(A) may be provided in cash from non-Government sources;
       ``(B) may be provided from revenues from the sale of 
     advertising and concessions;'';
       (C) 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''; and
       (3) 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 so 
     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 Indian tribes in the Tribal Statistical 
     Area.''.
       (b) Conforming Amendments.--Section 5311 of such title is 
     further amended--
       (1) in subsection (b) by striking ``5338(a)(2)(E)'' and 
     inserting ``5338(a)(2)(F)'';
       (2) in subsection (c)-
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``5338(a)(2)(E)'' and inserting 
     ``5338(a)(2)(F)'';
       (B) in paragraph (2)(C), by striking ``5338(a)(2)(E)'' and 
     inserting ``5338(a)(2)(F)''; and
       (C) in paragraph (3)(A), by striking ``5338(a)(2)(E)'' and 
     inserting ``5338(a)(2)(F)''.

     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) (as so redesignated)--
       (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.'';
       (5) by adding at the end the following:
       ``(h) 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 selected under paragraph (2)(A);
       ``(B) the terms `direct carbon emissions' and `low or no 
     emission vehicle' have the meanings given those terms in 
     subsection (e)(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 competitively select 
     at least one facility 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, 
     at least one institution of higher education to operate and 
     maintain a facility selected under subparagraph (A).
       ``(ii) Requirements.--An institution of higher education 
     described in clause (i) shall have--

[[Page H8720]]

       ``(I) capacity to carry out transportation-related advanced 
     component and vehicle evaluation;
       ``(II) laboratories capable of testing and evaluation; and
       ``(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.

       ``(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 
     vehicle components at the applicable facility selected 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 an 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 selected 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 selected under 
     subparagraph (A).
       ``(F) Compliance with section 5318.--Notwithstanding 
     whether a low or no emission vehicle component is assessed at 
     a facility selected under subparagraph (A), each new bus 
     model shall comply with the requirements under section 5318.
       ``(G) Separate facility.--A facility selected 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 selected 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 selected under paragraph (2)(A) shall 
     be made publicly 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 selected under paragraph (2)(A); or
       ``(B) the development or disclosure of a privately funded 
     component assessment.''.
       (6) in subsection (f) (as so redesignated)--
       (A) by striking ``(f)'' and all that follows before 
     paragraph (1) and inserting the following:
       ``(g) 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--''; and
       (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
       (7) by adding at the end the following:
       ``(i) Transit Cooperative Research Program.--
       ``(1) In general.--The amounts made available under section 
     5338(a)(2)(G)(ii) 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 share of costs.--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
       (4) in subsection (f)(2) by striking ``subsection (d)(4)'' 
     and inserting ``subsection (e)(4)''.
       (c) 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 low or 
     no emission vehicles (as defined in section 5339(c)(1)) or 
     low or no emission vehicle components (as defined in section 
     5312(h)(1)); 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 employment for 
     veterans, females, individuals with a disability, minorities 
     (including American Indians or Alaska Natives, Asian, Black 
     or African Americans, native Hawaiians or other Pacific 
     Islanders, and Hispanics) 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.

[[Page H8721]]

       ``(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 paragraph 
     (1).
       ``(B) Eligible programs.--A program eligible for assistance 
     under paragraph (1) shall--
       ``(i) develop apprenticeships, on-the-job training, and 
     instructional training for public transportation maintenance 
     and operations occupations;
       ``(ii) build local, regional, and statewide public 
     transportation training partnerships with local public 
     transportation operators, labor union organizations, 
     workforce development boards, and State workforce agencies to 
     identify and address workforce skill gaps;
       ``(iii) improve safety, security, and emergency 
     preparedness in local public transportation systems through 
     improved safety culture and workforce communication with 
     first responders and the riding public; and
       ``(iv) address current or projected workforce shortages by 
     developing partnerships with high schools, community 
     colleges, and other community organizations.
       ``(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 low or no 
     emission vehicles and facilities used in public 
     transportation;
       ``(vii) target areas with high rates of unemployment;
       ``(viii) advance opportunities for minorities, women, 
     veterans, individuals with disabilities, low-income 
     populations, and other underserved populations; and
       ``(ix) address in-demand industry sector or occupation, as 
     such term is defined in section 3 of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3102).
       ``(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;
       ``(iii) the number of participants obtaining certifications 
     or credentials required for specific types of employment;
       ``(iv) 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
       ``(v) 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.
       ``(E) Report to congress.--The Secretary shall make 
     publicly available a report on the Frontline Workforce 
     Development Program for each fiscal year, not later than 
     December 31 of the calendar 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.
       ``(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.
       ``(4) Availability of amounts.--Not more than 0.5 percent 
     of amounts made available to a recipient under sections 5307, 
     5337, and 5339 is available for expenditures 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.
       ``(c) National Transit Institute.--
       ``(1) Establishment.--The Secretary shall establish a 
     national transit institute and award grants to a public 4-
     year degree-granting 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) Provision for 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.--
       ``(A) In general.--Not more than 0.5 percent of amounts 
     made available to a recipient under sections 5307, 5337, and 
     5339 is available for expenditures 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 subparagraph (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.''.
       (b) 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. 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 priorities for 
     assistance provided under this chapter; or
       ``(2) the requirements of section 5306(a).''.
       (b) MAP-21 Technical Correction.--Section 20013(d) of MAP-
     21 (Public Law 112-141; 126 Stat. 694) is amended by striking 
     ``5307(c)'' and inserting ``5307(b)''.

     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 non-
     functional landscaping into facilities, including the costs 
     of an artist on the design team; or'';
       (2) in subsection (j)--
       (A) in paragraph (2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) when procuring rolling stock (including train 
     control, communication, 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 that is produced in the United 
     States and used in the rolling stock frames or car shells.
       ``(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.'';

[[Page H8722]]

       (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) Steel and iron.--For purposes of this subsection, 
     steel and iron meeting the requirements of section 661.5(b) 
     of title 49, Code of Federal Regulations may be considered 
     produced 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.'';
       (3) in subsection (q)(1), by striking the second sentence; 
     and
       (4) 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) 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 such 
     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. 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(f)'' ; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``section 5338(i)'' and inserting section 
     5338(f); 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 
     failed to meet the requirements of such plan and the project 
     may be 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. 3013. 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 3020 of the Federal Public Transportation Act of 
     2015; and
       ``(V) any additional information that the Secretary 
     determines necessary and appropriate; and'';

       (2) in subsection (e)--
       (A) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (B) by inserting after paragraph (7) the following:
       ``(8) Federal safety management.--
       ``(A) In general.--If the Secretary determines that a State 
     safety oversight program is not being carried out in 
     accordance with this section, has become inadequate to ensure 
     the enforcement of Federal safety regulation, or is incapable 
     of providing adequate safety oversight consistent with the 
     prevention of substantial risk of death, or personal injury, 
     the Secretary shall administer the State safety oversight 
     program until the eligible State develops a State safety 
     oversight program certified by the Secretary in accordance 
     with this subsection.
       ``(B) Temporary federal oversight.--In making a 
     determination under subparagraph (A), the Secretary shall--
       ``(i) transmit to the eligible State and affected recipient 
     or recipients, a written explanation of the determination or 
     subsequent finding, including any intention to withhold 
     funding under this section, the amount of funds proposed to 
     be withheld, and if applicable, a formal notice of a 
     withdrawal of State safety oversight program approval; and
       ``(ii) require the State to submit a State safety oversight 
     program or modification for certification by the Secretary 
     that meets the requirements of this subsection.
       ``(C) Failure to correct.--If the Secretary determines in 
     accordance with subparagraph (A), that a State safety 
     oversight program or modification required pursuant to 
     subparagraph (B)(ii), submitted by a State is not sufficient, 
     the Secretary may--
       ``(i) withhold funds available under paragraph (6) in an 
     amount determined by the Secretary;
       ``(ii) beginning 1 year after the date of the 
     determination, withhold not more than 5 percent of the amount 
     required to be appropriated for use in a State or an 
     urbanized area in the State under section 5307, until the 
     State safety oversight program or modification has been 
     certified; and
       ``(iii) use any other authorities authorized under this 
     chapter considered necessary and appropriate.
       ``(D) Administrative and oversight activities.--To carry 
     out administrative and oversight activities authorized by 
     this paragraph, the Secretary may use grant funds apportioned 
     to an eligible State, under paragraph (6), to develop or 
     carry out a State safety oversight program.'';
       (3) in subsection (f)(2), by inserting ``or the public 
     transportation industry generally'' after ``recipients'';
       (4) 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 ``; and''; and
       (D) by adding at the end the following:
       ``(E) withholding not more than 25 percent of financial 
     assistance under section 5307.'';
       (5) in subsection (g)(2)(A)--
       (A) by inserting after ``funds'' the following: ``or 
     withhold funds''; and
       (B) by inserting ``or (1)(E)'' after ``paragraph (1)(D)''; 
     and
       (6) by striking subsection (h) and inserting the following:
       ``(h) Restrictions and Prohibitions.--
       ``(1) Restrictions and prohibitions.--The Secretary shall 
     issue restrictions and prohibitions by whatever means are 
     determined necessary and appropriate, without regard to 
     section 5334(c), if, through testing, inspection, 
     investigation, audit, or research carried out under this 
     chapter, the Secretary determines that an unsafe condition or 
     practice, or a combination of unsafe conditions and 
     practices, exist such that there is a substantial risk of 
     death or personal injury.
       ``(2) Notice.--The notice of restriction or prohibition 
     shall describe the condition or practice, the subsequent risk 
     and the standards and procedures required to address the 
     restriction or prohibition.
       ``(3) Continued authority.--Nothing in this subsection 
     shall be construed as limiting the Secretary's authority to 
     maintain a restriction or prohibition for as long as is 
     necessary to ensure that the risk has been substantially 
     addressed.''.

     SEC. 3014. 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 
     (h)(5)'';
       (2) in subsection (b)(2)(E) by striking ``22.27 percent'' 
     and inserting ``27 percent''; and
       (3) in subsection (h)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) $30,000,000 shall be set aside each fiscal year to 
     carry out section 5307(h);''; 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 (i); and
       ``(B) for fiscal years 2019 and 2020, 2 percent shall be 
     apportioned to urbanized areas with populations of less than 
     200,000 in accordance with subsection (i);''.

     SEC. 3015. STATE OF GOOD REPAIR GRANTS.

       (a) In General.--Section 5337 of title 49, United States 
     Code, is amended--
       (1) in subsection (c)(2)(B), by inserting ``the provisions 
     of'' before ``section 5336(b)(1)'';
       (2) in subsection (d)--
       (A) in paragraph (2) by inserting ``vehicle'' after 
     ``motorbus''; 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 
     cost shall be provided--
       ``(A) in cash from non-Government sources;
       ``(B) from revenues derived from the sale of advertising 
     and concessions; or
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital.''.

[[Page H8723]]

       (b) Conforming Amendments.--Section 5337 of such title is 
     further amended--
       (1) in subsection (c)(1) by striking ``5338(a)(2)(I)'' and 
     inserting ``5338(a)(2)(K)''; and
       (2) in subsection (d)(2) by striking ``5338(a)(2)(I)'' and 
     inserting ``5338(a)(2)(K)''.

     SEC. 3016. AUTHORIZATIONS.

       Section 5338 of title 49, United States Code, 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, 5335, 
     5337, 5339, and 5340, section 20005(b) of the Federal Public 
     Transportation Act of 2012, and sections 3006(b) of the 
     Federal Public Transportation Act of 2015--
       ``(A) $9,347,604,639 for fiscal year 2016;
       ``(B) $9,534,706,043 for fiscal year 2017;
       ``(C) $9,733,353,407 for fiscal year 2018;
       ``(D) $9,939,380,030 for fiscal year 2019; and
       ``(E) $10,150,348,462 for fiscal year 2020.
       ``(2) Allocation of funds.--Of the amounts made available 
     under paragraph (1)--
       ``(A) $130,732,000 for fiscal year 2016, $133,398,933 for 
     fiscal year 2017, $136,200,310 for fiscal year 2018, 
     $139,087,757 for fiscal year 2019, and $142,036,417 for 
     fiscal year 2020, shall be available to carry out section 
     5305;
       ``(B) $10,000,000 for each of fiscal years 2016 through 
     2020 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, $4,629,683,814 
     for fiscal year 2017, $4,726,907,174 for fiscal year 2018, 
     $4,827,117,606 for fiscal year 2019, and $4,929,452,499 for 
     fiscal year 2020 shall be allocated in accordance with 
     section 5336 to provide financial assistance for urbanized 
     areas under section 5307;
       ``(D) $262,949,400 for fiscal year 2016, $268,208,388 for 
     fiscal year 2017, $273,840,764 for fiscal year 2018, 
     $279,646,188 for fiscal year 2019, and $285,574,688 for 
     fiscal year 2020 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 fiscal year 2016, $3,000,000 for 
     fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000 
     for fiscal year 2019 and $3,500,000 for fiscal year 2020 
     shall be available for the pilot program for innovative 
     coordinated access and mobility under section 3006(b) of the 
     Federal Public Transportation Act of 2015;
       ``(F) $619,956,000 for fiscal year 2016, $632,355,120 for 
     fiscal year 2017, $645,634,578 for fiscal year 2018, 
     $659,322,031 for fiscal year 2019, and $673,299,658 for 
     fiscal year 2020 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 
     2020 shall be available to carry out section 5311(c)(1); and
       ``(ii) $20,000,000 for each of fiscal years 2016 through 
     2020 shall be available to carry out section 5311(c)(2);
       ``(G) $28,000,000 for each of fiscal years 2016 through 
     2020 shall be available to carry out section 5312, of which--
       ``(i) $3,000,000 for each of fiscal years 2016 through 2020 
     shall be available to carry out section 5312(h); and
       ``(ii) $5,000,000 for each of fiscal years 2016 through 
     2020 shall be available to carry out section 5312(i);
       ``(H) $9,000,000 for each of fiscal years 2016 through 2020 
     shall be available to carry out section 5314; of which 
     $5,000,000 shall be available for the national transit 
     institute under section 5314(c);
       ``(I) $3,000,000 for each of fiscal years 2016 through 2020 
     shall be available for bus testing under section 5318;
       ``(J) $4,000,000 for each of fiscal years 2016 through 2020 
     shall be available to carry out section 5335;
       ``(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000 
     for fiscal year 2017, $2,593,703,558 for fiscal year 2018, 
     $2,638,366,859 for fiscal year 2019, and $2,683,798,369 for 
     fiscal year 2020 shall be available to carry out section 
     5337;
       ``(L) $427,800,000 for fiscal year 2016, $436,356,000 for 
     fiscal year 2017, $445,519,476 for fiscal year 2018, 
     $454,964,489 for fiscal year 2019, and $464,609,736 for 
     fiscal year 2020 shall be available for the bus and buses 
     facilities program under section 5339(a);
       ``(M) $268,000,000 for fiscal year 2016, $283,600,000 for 
     fiscal year 2017, $301,514,000 for fiscal year 2018, 
     $322,059,980 for fiscal year 2019, and $344,044,179 for 
     fiscal year 2020 shall be available for buses 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 2020 shall 
     be available to carry out section 5339(c); and
       ``(N) $536,261,539 for fiscal year 2016, $544,433,788 for 
     fiscal year 2017, $552,783,547 for fiscal year 2018, 
     $561,315,120 for fiscal year 2019 and $570,032,917 for fiscal 
     year 2020, to carry out section 5340 to provide financial 
     assistance for urbanized areas under section 5307 and rural 
     areas under section 5311, of which--
       ``(i) $272,297,083 for fiscal year 2016, $279,129,510 for 
     fiscal year 2017, $286,132,747 for fiscal year 2018, 
     $293,311,066 for fiscal year 2019, $300,668,843 for fiscal 
     year 2020 shall be for growing States under section 5340(c); 
     and
       ``(ii) $263,964,457 for fiscal year 2016, $265,304,279 for 
     fiscal year 2017, $266,650,800 for fiscal year 2018, 
     $268,004,054 for fiscal year 2019, $269,364,074 for fiscal 
     year 2020 shall be for high density States under section 
     5340(d).
       ``(b) Research, Development, Demonstration, and Deployment 
     Program.--There are authorized to be appropriated to carry 
     out section 5312, other than subsections (h) and (i) of that 
     section, $20,000,000 for each of fiscal years 2016 through 
     2020.
       ``(c) Technical Assistance and Training.--There are 
     authorized to be appropriated to carry out section 5314, 
     $5,000,000 for each of fiscal years 2016 through 2020.
       ``(d) Capital Investment Grants.--There are authorized to 
     be appropriated to carry out section 5309 of this title and 
     section 3005(b) of the Federal Public Transportation Act of 
     2015, $2,301,785,760 for each of fiscal years 2016 through 
     2020.
       ``(e) Administration.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out section 5334, $115,016,543 for each of fiscal 
     years 2016 through 2020.
       ``(2) Section 5329.--Of the amounts authorized to be 
     appropriated under paragraph (1), not less than $5,000,000 
     for each of fiscal years 2016 through 2020 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 2020 shall be available to carry out 
     section 5326.
       ``(f) 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 of amounts 
     made available for this subparagraph 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.
       ``(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) Availability of Amounts.--Amounts made available by 
     or appropriated under this section shall remain available 
     until expended.''.

     SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES.

       (a) In General.--Section 5339 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5339. Grants for buses 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 emission 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.--
       ``(A) Recipients.--Eligible recipients under this 
     subsection are--
       ``(i) designated recipients that allocate funds to fixed 
     route bus operators; or

[[Page H8724]]

       ``(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)(L) shall be distributed as follows:
       ``(A) National distribution.--$90,500,000 for each of 
     fiscal years 2016 through 2020 shall be allocated to all 
     States and territories, with each State receiving $1,750,000 
     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) or 
     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 (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 
     such period shall be added to the amount that may be 
     apportioned under this subsection in the next fiscal year.
       ``(9) Pilot program for cost-effective capital 
     investment.--
       ``(A) In general.--For each of fiscal years 2016 through 
     2020, the Secretary shall carry out a pilot program under 
     which an eligible recipient (as described in paragraph (4)) 
     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 eligible 
     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. 
     An eligible 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 
     eligible recipients participating in the State's pool for 
     that fiscal year pursuant to the formulas referred to in 
     paragraph (5).
       ``(E) Allocations to eligible 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 
     eligible 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 2020 to ensure that an eligible 
     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 
     eligible recipient for that period pursuant to the formulas 
     referred to in paragraph (5).
       ``(G) Grants.--The Secretary shall make grants under this 
     subsection for a fiscal year to an eligible recipient 
     participating in a State pool following notification by the 
     State of the allocation amount determined under subparagraph 
     (E).
       ``(b) Buses and Bus Facilities Competitive Grants.--
       ``(1) In general.--The Secretary may make grants under this 
     subsection to eligible recipients (as described in subsection 
     (a)(4)) to assist in the financing of buses 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 (as 
     described in subsection (a)(4)) 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 than 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 eligible recipients of grants made 
     in urbanized areas; and
       ``(ii) section 5311 for eligible 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 3 fiscal years after the 
     fiscal year for which the amount is made available; and
       ``(B) that remain unobligated at the end of the period 
     described in subparagraph (A) shall be added to the amount 
     made available to an eligible project in the following fiscal 
     year.
       ``(8) Limitation.--Of the amounts made available under this 
     subsection, not more than 10 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 subsection (c)(3) of section 3019 
     of the Federal Public Transportation Act of 2015 that is made 
     available through a capital lease under such 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--

[[Page H8725]]

       ``(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 or bus facilities 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 3 
     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 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. Grants for buses and bus facilities.''.

     SEC. 3018. 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, and section 
     3028 of the Federal Public Transportation Act of 2015 shall 
     not exceed--
       (1) $9,347,604,639 in fiscal year 2016;
       (2) $9,733,706,043 in fiscal year 2017;
       (3) $9,733,353,407 in fiscal year 2018;
       (4) $9,939,380,030 in fiscal year 2019; and
       (5) $10,150,348,462 in fiscal year 2020.

     SEC. 3019. INNOVATIVE PROCUREMENT.

       (a) Definition.--In this section, the term ``grantee'' 
     means a recipient or subrecipient of assistance under chapter 
     53 of title 49, United States Code.
       (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 entity 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 cooperative purchasing organization 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 chapter 53 of title 
     49, United States Code.
       (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 eligible 
     nonprofit entities.
       (B) Designation.--In carrying out the program under this 
     paragraph, the Secretary shall designate not less than 3 
     eligible nonprofit entities to enter into a cooperative 
     procurement contract under which the eligible nonprofit 
     entity acts throughout the term of the contract as the lead 
     nonprofit entity.
       (C) 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.
       (4) Joint procurement clearinghouse.--
       (A) 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.
       (B) Nonprofit consultation.--In establishing the 
     clearinghouse under subparagraph (A), the Secretary may 
     consult with nonprofit entities with expertise in public 
     transportation or procurement, and other stakeholders as the 
     Secretary determines appropriate.
       (C) 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.
       (D) Limitations.--
       (i) Access.--The clearinghouse shall only be accessible to 
     the Federal Transit Administration, a nonprofit entity 
     coordinating for such clearinghouse with the Secretary, and 
     grantees.
       (ii) Participation.--No grantee shall be required to submit 
     procurement information to the database.
       (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 
     chapter 53 of title 49, United States Code, to enter into a 
     capital lease if--
       (i) the rolling stock or related equipment covered under 
     the lease is eligible for capital assistance under such 
     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 chapter 53 of title 49, United 
     States Code, 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) 
     of title 49, United States Code, shall apply to a capital 
     lease.
       (3) 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) of title 49, United States 
     Code.
       (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.

[[Page H8726]]

       (C) Eligible capital lease.--A grantee may acquire a 
     removable power source by itself through a capital lease.
       (D) Procurement regulations.--For purposes of this section, 
     a removable power source shall be subject to section 200.88 
     of title 2, Code of Federal Regulations.
       (4) Reporting requirement.--Not later than 3 years after 
     the date on which a grantee enters into a capital lease under 
     this subsection, the grantee shall submit to the Secretary a 
     report that contains--
       (A) an evaluation of the overall costs and benefits of 
     leasing rolling stock; and
       (B) a comparison of the expected short-term and long-term 
     maintenance costs of leasing versus buying rolling stock.
       (5) Report.--The Secretary shall make publicly available an 
     annual report on this subsection for each fiscal year, not 
     later than December 31 of the calendar year in which that 
     fiscal year ends. The report shall include a detailed 
     description of the activities carried out under this 
     subsection, and evaluation of the program including the 
     evaluation of the data reported in paragraph (4).
       (d) Buy America.--The requirements of section 5323(j) of 
     title 49, United States Code, shall apply to all procurements 
     under this section.

     SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.

       (a) Review Required.--
       (1) 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.
       (2) Contents of review.--In conducting the review under 
     this paragraph, the Secretary shall review--
       (A) minimum safety performance standards developed by the 
     public transportation industry;
       (B) 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--

       (I) emergency preparedness training, drills, and 
     familiarization programs for the first responders; and
       (II) 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--

       (I) tunnel, station, and vehicle ventilation systems;
       (II) signal and train control systems, track, mechanical 
     systems, and other infrastructure; and
       (III) 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
       (C) 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--

       (I) the reduction of blindspots that contribute to 
     accidents involving pedestrians; and
       (II) 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.
       (b) Evaluation.--After conducting the review under 
     subsection (a), the Secretary shall, in consultation with 
     representatives of the public transportation industry, 
     evaluate the need to establish additional Federal minimum 
     public transportation safety standards.
       (c) Report.--After completing the review and evaluation 
     required under subsections (a) and (b), and 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--
       (1) findings based on the review conducted under subsection 
     (a);
       (2) the outcome of the evaluation conducted under 
     subsection (b);
       (3) a comprehensive set of recommendations to improve the 
     safety of the public transportation industry, including 
     recommendations for statutory changes if applicable; and
       (4) actions that the Secretary will take to address the 
     recommendations provided under paragraph (3), including, if 
     necessary, the authorities under section 5329(b)(2)(D) of 
     title 49, United States Code.

     SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC 
                   TRANSPORTATION SAFETY PROGRAM INFORMATION.

       (a) Study.--The Secretary shall enter into an agreement 
     with the Transportation Research Board of the National 
     Academies of Sciences, Engineering, and Medicine, to conduct 
     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 title 49, United States 
     Code, including information related to a recipient's safety 
     plan, safety risks, and mitigation measures.
       (b) Coordination.--In conducting the study under subsection 
     (a), the Transportation Research Board shall coordinate with 
     the legal research entities of the National Academies of 
     Sciences, Engineering, and Medicine, including the Committee 
     on Law and Justice and the Committee on Science, Technology, 
     and Law, and include members of those committees on the 
     research committee established for the purposes of this 
     section
       (c) Input.--In conducting the study under subsection (a), 
     the relevant entities of the National Academies of Sciences, 
     Engineering, and Medicine shall solicit input from the public 
     transportation recipients, public transportation nonprofit 
     employee labor organizations, and impacted members of the 
     general public.
       (d) Report.--Not later than 18 months after the date of 
     enactment of this Act, the National Academies of Sciences, 
     Engineering, and Medicine 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 public transportation safety.

     SEC. 3022. IMPROVED PUBLIC TRANSPORTATION SAFETY MEASURES.

       (a) Requirements.--Not later than 90 days after publication 
     of the report required in section 3020, the Secretary shall 
     issue a notice of proposed rulemaking on protecting public 
     transportation 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 
     that 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 section 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, if the fare for the existing tiered, 
     distance-based coordinated paratransit fare system is not 
     increased by a greater percentage than any increase to the 
     fixed route fare for the largest transit agency in the 
     complementary paratransit service area.

     SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.

       (a) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the potential of the Internet of Things to 
     improve transportation services in rural, suburban, and urban 
     areas.
       (b) Contents.--The report required under subsection (a) 
     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, as 
     determined as a result of such survey; and
       (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.

     SEC. 3025. REPORT ON PARKING SAFETY.

       (a) Study.--The Secretary shall conduct a study on the 
     safety of certain transportation facilities and locations, 
     focusing on any property damage, injuries, deaths, and other 
     incidents that occur or originate at locations intended to 
     encourage public use of alternative transportation, 
     including--
       (1) carpool 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) Report.--Not later than 8 months 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 Banking, Housing, and 
     Urban Affairs of the Senate a report on the results of the 
     study.
       (c) Recommendations.--The Secretary shall include in the 
     report recommendations to Congress on the best ways to use 
     innovative technologies to increase safety and ensure a 
     better response by transit security and local, State, and 
     Federal law enforcement to address threats to public safety.

     SEC. 3026. APPOINTMENT OF DIRECTORS OF WASHINGTON 
                   METROPOLITAN AREA TRANSIT AUTHORITY.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Compact.--The term ``Compact'' means the Washington 
     Metropolitan Area Transit Authority Compact (Public Law 89-
     774; 80 Stat. 1324).

[[Page H8727]]

       (2) Federal director.--The term ``Federal Director'' 
     means--
       (A) a voting member of the Board of Directors of the 
     Transit Authority who represents the Federal Government; and
       (B) a nonvoting member of the Board of Directors of the 
     Transit Authority who serves as an alternate for a member 
     described in subparagraph (A).
       (3) Transit authority.--The term ``Transit Authority'' 
     means the Washington Metropolitan Area Transit Authority 
     established under Article III of the Compact.
       (b) Appointment by Secretary of Transportation.--
       (1) In general.--For any appointment made on or after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall have sole authority to appoint Federal 
     Directors to the Board of Directors of the Transit Authority.
       (2) Amendment to compact.--The signatory parties to the 
     Compact shall amend the Compact as necessary in accordance 
     with paragraph (1).

     SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES AND 
                   FUNDING.

       Not later than 18 months after the date of enactment of 
     this Act, the Comptroller General shall examine and evaluate 
     the impact of the changes that MAP-21 had on public 
     transportation, including--
       (1) the ability and effectiveness of public transportation 
     agencies to provide public transportation to low-income 
     workers in accessing jobs and being able to use reverse 
     commute services;
       (2) whether services to low-income riders declined after 
     MAP-21 was implemented; and
       (3) if guidance provided by the Federal Transit 
     Administration encouraged public transportation agencies to 
     maintain and support services to low-income riders to allow 
     them to access jobs, medical services, and other life 
     necessities.

     SEC. 3028. 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 2017 to assist in 
     financing the installation of positive train control systems 
     required under section 20157 of title 49, United States Code.
       (b) Uses.--The amounts made available under subsection (a) 
     of this section shall be awarded by the Secretary on a 
     competitive basis, and grant funds awarded under this section 
     shall not exceed 80 percent of the total cost of a project.
       (c) Credit Assistance.--At the request of an eligible 
     applicant under this section, the Secretary may use amounts 
     awarded to the entity to pay the subsidy and administrative 
     costs necessary to provide the entity Federal credit 
     assistance under sections 502 through 504 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     801 et seq.), with respect to the project for which the grant 
     was awarded.
       (d) 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.
       (e) 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.
       (f) 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.
       (g) Grants Financed From Highway Trust Fund.--A grant 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.
       (h) Availability of Amounts.--Notwithstanding subsection 
     (j), amounts made available under this section shall remain 
     available until expended.
       (i) Obligation Limitation.--Funds made available under this 
     section shall be subject to obligation limit of section 3018 
     of the Federal Public Transportation Act of 2015.
       (j) Sunset.--The Secretary of Transportation shall provide 
     the grants, direct loans, and loan guarantees under 
     subsections (b) and (c) by September 30, 2018.

     SEC. 3029. AMENDMENT TO TITLE 5.

       (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. 3030. TECHNICAL AND CONFORMING CHANGES.

       (a) Repeal.--Section 20008(b) of MAP-21 (49 U.S.C. 5309 
     note) is repealed.
       (b) Repeal Section 5313.--Section 5313 of title 49, United 
     States Code, and the item relating to that section in the 
     analysis for chapter 53 of such title, are repealed.
       (c) Repeal of Section 5319.--Section 5319 of title 49, 
     United States Code, and the item relating to that section in 
     the analysis for chapter 53 of such title, are repealed.
       (d) Repeal of Section 5322.--Section 5322 of title 49, 
     United States Code, and the item relating to that section in 
     the analysis for chapter 53 of such title, are repealed.
       (e) Section 5325.--Section 5325 of title 49, United States 
     Code is amended--
       (1) in subsection (e)(2), by striking ``at least two''; and
       (2) in subsection (h), by striking ``Federal Public 
     Transportation Act of 2012'' and inserting ``Federal Public 
     Transportation Act of 2015''.
       (f) Section 5340.--Section 5340 of title 49, United States 
     Code, is amended--
       (1) by striking subsection (b); and
       (2) by inserting the following:
       ``(b) Allocation.--The Secretary shall apportion the 
     amounts made available under section 5338(b)(2)(N) in 
     accordance with subsection (c) and subsection (d).''.
       (g) 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''.

                    TITLE IV--HIGHWAY TRAFFIC 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) $243,500,000 for fiscal year 2016;
       (B) $252,300,000 for fiscal year 2017;
       (C) $261,200,000 for fiscal year 2018;
       (D) $270,400,000 for fiscal year 2019; and
       (E) $279,800,000 for fiscal year 2020.
       (2) Highway safety research and development.--For carrying 
     out section 403 of title 23, United States Code--
       (A) $137,800,000 for fiscal year 2016;
       (B) $140,700,000 for fiscal year 2017;
       (C) $143,700,000 for fiscal year 2018;
       (D) $146,700,000 for fiscal year 2019; and
       (E) $149,800,000 for fiscal year 2020.
       (3) National priority safety programs.--For carrying out 
     section 405 of title 23, United States Code--
       (A) $274,700,000 for fiscal year 2016;
       (B) $277,500,000 for fiscal year 2017;
       (C) $280,200,000 for fiscal year 2018;
       (D) $283,000,000 for fiscal year 2019; and
       (E) $285,900,000 for fiscal year 2020.
       (4) National driver register.--For the National Highway 
     Traffic Safety Administration to carry out chapter 303 of 
     title 49, United States Code--
       (A) $5,100,000 for fiscal year 2016;
       (B) $5,200,000 for fiscal year 2017;
       (C) $5,300,000 for fiscal year 2018;
       (D) $5,400,000 for fiscal year 2019; and
       (E) $5,500,000 for fiscal year 2020.
       (5) High-visibility enforcement program.--For carrying out 
     section 404 of title 23, United States Code--
       (A) $29,300,000 for fiscal year 2016;
       (B) $29,500,000 for fiscal year 2017;
       (C) $29,900,000 for fiscal year 2018;
       (D) $30,200,000 for fiscal year 2019; and
       (E) $30,500,000 for fiscal year 2020.
       (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) $25,832,000 for fiscal year 2016;
       (B) $26,072,000 for fiscal year 2017;
       (C) $26,329,000 for fiscal year 2018;
       (D) $26,608,000 for fiscal year 2019; and
       (E) $26,817,000 for fiscal year 2020.
       (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 
     2020 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 title 
     shall be carried out in accordance with regulations issued by 
     the Secretary.
       (e) 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) 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.
       (f) 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--

[[Page H8728]]

       (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 in which an automated traffic 
     enforcement system is installed 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
       ``(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;
       (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
       (C) in paragraph (6)(A), as so redesignated, by striking 
     ``60 days'' and inserting ``45 days''; and
       (5) in subsection (m)(2)(B)--
       (A) in clause (vii) by striking ``and'' at the end;
       (B) in clause (viii) by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(ix) increase driver awareness of commercial motor 
     vehicles to prevent crashes and reduce injuries and 
     fatalities; and
       ``(x) support for school-based driver's education classes 
     to improve teen knowledge about--

       ``(I) safe driving practices; and
       ``(II) State graduated driving license requirements, 
     including behind-the-wheel training required to meet those 
     requirements.''.

     SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

       Section 403 of title 23, United States Code, is amended--
       (1) in subsection (h)--
       (A) in paragraph (1) by striking ``may'' and inserting 
     ``shall'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Funding.--The Secretary shall obligate from funds 
     made available to carry out this section for the period 
     covering fiscal years 2017 through 2020 not more than 
     $21,248,000 to conduct the research described in paragraph 
     (1).'';
       (C) in paragraph (3) by striking ``If the Administrator 
     utilizes the authority under paragraph (1), the'' and 
     inserting ``The''; and
       (D) in paragraph (4) by striking ``If the Administrator 
     conducts the research authorized under paragraph (1), the'' 
     and inserting ``The''; and
       (2) 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 Secretary shall establish and 
     administer a program under which not less than 3 campaigns 
     will be carried out in each of fiscal years 2016 through 
     2020.
       ``(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.
       ``(c) Advertising.--The Secretary 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. In allocating such funds, 
     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 Secretary 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 made 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 be used only 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 given that 
     term in 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 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 shall 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) 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), (c), or (d) of this 
     section shall provide certification that the lead State 
     agency responsible for programs described in any of those 
     subsections 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 FAST Act.
       ``(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.
       ``(10) Political subdivisions.--A State may provide the 
     funds awarded under this section to a political subdivision 
     of the State or an Indian tribal government.''.
       (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);

[[Page H8729]]

       ``(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;
       ``(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-range and high-range States may use funds for any 
     expenditure designed to reduce impaired driving based on 
     problem identification upon approval by the Secretary.'';
       (2) in paragraph (6)--
       (A) by amending the paragraph heading to read as follows: 
     ``Additional grants.--'';
       (B) in subparagraph (A) by amending the subparagraph 
     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.
       ``(iii) A State-certified ignition interlock provider is 
     not available within 100 miles of the individual's 
     residence.''; and
       (3) in paragraph (7)--
       (A) in subparagraph (A)--
       (i) 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'';

       (ii) in clause (i) by striking ``who plead guilty or'' and 
     inserting ``who was arrested for, plead guilty to, or''; and
       (iii) in clause (ii)(I) by inserting ``at a testing 
     location'' after ``per day''; and
       (B) in subparagraph (D) by striking the second period at 
     the end.
       (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.--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;
       ``(B) makes violation of the law a primary offense;
       ``(C) establishes a minimum fine for a violation of the 
     law; and
       ``(D) does not provide for an exemption that specifically 
     allows a driver to text through a personal wireless 
     communication device while stopped in traffic.
       ``(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 if the driver is--
       ``(i) younger than 18 years of age; or
       ``(ii) in the learner's permit or intermediate license 
     stage set forth in subsection (g)(2)(B);
       ``(B) makes violation of the law a primary offense;
       ``(C) establishes a minimum fine for a violation of the 
     law; and
       ``(D) does not provide for an exemption that specifically 
     allows a driver to text through a personal wireless 
     communication device while stopped in traffic.
       ``(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) Additional distracted driving grants.--
       ``(A) In general.--Notwithstanding paragraph (1), for each 
     of fiscal years 2017 and 2018, the Secretary shall use up to 
     25 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) 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;

       ``(II) imposes fines for violations;
       ``(III) has a statute that prohibits drivers who are 
     younger than 18 years of age from using a personal wireless 
     communications device while driving; and
       ``(IV) is otherwise ineligible for a grant under this 
     subsection.

       ``(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.
       ``(7) 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.

[[Page H8730]]

       ``(8) 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.
       ``(9) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Driving.--The term `driving'--
       ``(i) means operating a motor vehicle on a public road; 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) Minimum Requirements for State Graduated Driver 
     Licensing Incentive Grant Program.--Section 405(g) of title 
     23, United States Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A) by striking ``21'' and inserting 
     ``18''; and
       (B) 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; 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 months 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) learner's permit and intermediate stages that each 
     require, in addition to any other penalties imposed by State 
     law, that 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.''; and

       (2) by adding at the end the following:
       ``(6) Special rule.--Notwithstanding paragraph (5), up to 
     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. 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.''.

     SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING.

       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.

     SEC. 4008. 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.

[[Page H8731]]

       (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.
       (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. 4009. 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 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 describes the 
     additional actions undertaken by the Administration pursuant 
     to subsection (a).

     SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT 
                   ELIGIBILITY.

       Not later than 60 days after the date on which the 
     Secretary 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. 4011. 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 fiscal years 2017 through 2020 
     to carry out this section.'';
       (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.''; and
       (D) by adding at the end the following:
       ``(3) Other uses.--The Secretary may reallocate, before the 
     last day of any fiscal year, amounts remaining available 
     under paragraph (1) to increase the amounts made available to 
     carry out any of other activities authorized under section 
     403 of title 23, United States Code, in order to ensure, to 
     the maximum extent possible, that all such amounts are 
     obligated during such fiscal year.''.

     SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL 
                   AND DRUG USE BY DRIVERS.

       Not later than 180 days after the date on which the 
     Comptroller General of the United States 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. 4013. BARRIERS TO DATA COLLECTION REPORT.

       Not later than 180 days after the date of 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 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. 4014. 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)(D), as redesignated by this Act, 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)''.

     SEC. 4015. EFFECTIVE DATE FOR CERTAIN PROGRAMS.

       Notwithstanding any other provision of this Act, except for 
     the technical corrections in section 4014, the amendments 
     made by this Act to sections 164, 402, and 405 of title 23, 
     United States Code, shall be effective on October 1, 2016.

                     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;

[[Page H8732]]

       ``(E) provides a right of entry (or other method a State 
     may use that the Secretary determines is adequate to obtain 
     necessary information) 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
       ``(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 5107 of the FAST Act, 
     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 FAST Act.
       ``(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 FAST Act, 
     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

[[Page H8733]]

     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 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 FAST Act, 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(a)(2) 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 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.

[[Page H8734]]

       ``(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 
     (except subsection (l))--
       ``(A) $292,600,000 for fiscal year 2017;
       ``(B) $298,900,000 for fiscal year 2018;
       ``(C) $304,300,000 for fiscal year 2019; and
       ``(D) $308,700,000 for fiscal year 2020.
       ``(2) High priority activities program.--Subject to 
     subsection (c), to carry out section 31102(l)--
       ``(A) $42,200,000 for fiscal year 2017;
       ``(B) $43,100,000 for fiscal year 2018;
       ``(C) $44,000,000 for fiscal year 2019; and
       ``(D) $44,900,000 for fiscal year 2020.
       ``(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; and
       ``(D) $1,000,000 for fiscal year 2020.
       ``(4) Commercial driver's license program implementation 
     program.--Subject to subsection (c), to carry out section 
     31313--
       ``(A) $31,200,000 for fiscal year 2017;
       ``(B) $31,800,000 for fiscal year 2018;
       ``(C) $32,500,000 for fiscal year 2019; and
       ``(D) $33,200,000 for fiscal year 2020.
       ``(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.
       ``(i) Reallocation.--Amounts not expended by a recipient 
     during the period of availability shall be released back to 
     the Secretary for reallocation for any purpose under section 
     31102, 31103, or 31313 or this section to ensure, to the 
     maximum extent possible, that all such amounts are 
     obligated.''.
       (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).
       (11) Winter home heating oil delivery state flexibility 
     program.--Section 346 of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31166 note), and the item 
     relating to that section in the table of contents in section 
     1(b) of that Act, are repealed.
       (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, and 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 subsection heading 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) $267,400,000 for fiscal year 2016;
       ``(2) $277,200,000 for fiscal year 2017;
       ``(3) $283,000,000 for fiscal year 2018;
       ``(4) $284,000,000 for fiscal year 2019; and
       ``(5) $288,000,000 for fiscal year 2020.
       ``(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;

[[Page H8735]]

       ``(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 to carry out this 
     subsection.
       ``(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.
       ``(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) International 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) Financial Assistance Program.--
       ``(1) 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 (2) and (3).
       ``(2) 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; and
       ``(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).
       ``(3) 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)(3) 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) $218,000,000 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, $30,000,000 for fiscal year 
     2016.
       ``(2) Border enforcement grants.--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 program.--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 $25,000,000 for fiscal year 2016.
       ``(5) Safety data improvement grants.--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) of title 
     49, United States Code, as redesignated by this subtitle, is 
     amended by striking ``2015'' the first place it appears and 
     all that follows through ``for States,'' and inserting ``2016 
     for States,''.
       (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

[[Page H8736]]

     for the establishment of a new allocation formula for the 
     motor carrier safety 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 
     safety 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) detailed summaries of the meetings of the working 
     group; and
       (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 safety 
     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 safety 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.--On the date of enactment of this 
     Act, and for the 3 fiscal years following the implementation 
     of the new allocation formula, the Secretary shall terminate 
     the withholding of motor carrier safety assistance program 
     funds from a State 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 safety 
     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 the 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(f) 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.--
       ``(1) In general.--Within each regulatory impact analysis 
     of a proposed or final major rule issued by the Federal Motor 
     Carrier Safety Administration, the Secretary shall, whenever 
     practicable--
       ``(A) consider the effects of the proposed or final rule on 
     different segments of the motor carrier industry; and
       ``(B) formulate estimates and findings based on the best 
     available science.
       ``(2) Scope.--To the extent feasible and appropriate, and 
     consistent with law, an analysis described in paragraph (1) 
     shall--
       ``(A) use data that is representative of commercial motor 
     vehicle operators or motor carriers, or both, that will be 
     impacted by the proposed or final rule; and
       ``(B) consider the effects on commercial truck and bus 
     carriers of various sizes and types.
       ``(g) Public Participation.--
       ``(1) In general.--If a proposed rule under this part is 
     likely to lead to the promulgation of a major rule, the 
     Secretary, before publishing such proposed rule, shall--

[[Page H8737]]

       ``(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;
       ``(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) 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 issued by the Federal Motor Carrier Safety 
     Administration and in effect on such date of enactment 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 
     comments 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 
     available to the public.

     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 
     petition'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) Treatment of Multiple Petitions.--The Administrator may 
     treat multiple similar petitions as a single petition for the 
     purposes of subsection (a).
       (c) Petition Defined.--In this section, the term 
     ``petition'' means a request for--
       (1) a new regulation;
       (2) a regulatory interpretation or clarification; or
       (3) a determination by the Administrator that a regulation 
     should be modified or eliminated because it is--
       (A) no longer--
       (i) consistent and clear;
       (ii) current with the operational realities of the motor 
     carrier industry; or
       (iii) uniformly enforced;
       (B) ineffective; or
       (C) overly burdensome.

     SEC. 5205. 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. 5206. APPLICATIONS.

       (a) Review Process.--Section 31315(b) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) in the first sentence by striking ``paragraph (3)'' and 
     inserting ``this subsection''; and
       (B) by striking the second sentence;
       (2) by redesignating paragraphs (2) through (7) as 
     paragraphs (4) through (9), respectively; and
       (3) by inserting after paragraph (1) the following:
       ``(2) Length of exemption and renewal.--An exemption may be 
     granted under paragraph (1) for no longer than 5 years and 
     may be renewed, upon request, for subsequent 5-year periods 
     if the Secretary continues to make the finding under 
     paragraph (1).
       ``(3) Opportunity for resubmission.--If the Secretary 
     denies an application under paragraph (1) and the applicant 
     can reasonably address the reason for the denial, the 
     Secretary may allow the applicant to resubmit the 
     application.''.
       (b) Administrative Exemptions.--
       (1) In general.--The Secretary shall make permanent the 
     following limited exemptions:
       (A) Perishable construction products, as published in the 
     Federal Register on April 2, 2015 (80 Fed. Reg. 17819).
       (B) Transport of commercial bee hives, as published in the 
     Federal Register on June 19, 2015 (80 Fed. Reg. 35425).
       (C) Safe transport of livestock, as published in the 
     Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
       (2) Additional administrative exemptions.--Any exemption 
     from any provision of the regulations under part 395 of title 
     49, Code of Federal Regulations, that is in effect on the 
     date of enactment of this Act--
       (A) except as otherwise provided in section 31315(b) of 
     title 49, shall be valid for a period of 5 years from the 
     date such exemption was granted; and
       (B) may be subject to renewal under section 31315(b)(2) of 
     title 49, United States Code.

           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, including 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, 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 separately from motor 
     carriers of freight;

[[Page H8738]]

       (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, 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--
       (1) submit a report containing the results of the study 
     commissioned pursuant to subsection (a) to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (C) the Inspector General of the Department; and
       (2) publish the report on a publicly accessible Internet 
     Web site 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 or data 
     analysis under 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 addresses--
       (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 allow 
     recognition, including credit or an improved SMS percentile, 
     for a motor carrier that--
       (1) installs advanced safety equipment;
       (2) uses enhanced driver fitness measures;
       (3) adopts fleet safety management tools, technologies, and 
     programs; or
       (4) satisfies other standards determined appropriate by the 
     Administrator.
       (b) Implementation.--The Administrator shall carry out 
     subsection (a) by--
       (1) incorporating a methodology into the CSA program; or
       (2) establishing a safety BASIC in the SMS.
       (c) Process.--
       (1) In general.--The Administrator, after providing notice 
     and an opportunity for comment, shall develop a process for 
     identifying and reviewing advanced safety equipment, enhanced 
     driver fitness measures, fleet safety management tools, 
     technologies, and programs, and other standards for use by 
     motor carriers to receive recognition, including credit or an 
     improved SMS percentile, for purposes of subsection (a).
       (2) Contents.--A process developed under paragraph (1) 
     shall--
       (A) provide for a petition process for reviewing advanced 
     safety equipment, enhanced driver fitness measures, fleet 
     safety management tools, technologies, and programs, and 
     other standards; and
       (B) seek input and participation from industry 
     stakeholders, including commercial motor vehicle drivers, 
     technology manufacturers, vehicle manufacturers, motor 
     carriers, law enforcement, safety advocates, and the Motor 
     Carrier Safety Advisory Committee.
       (d) 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 standards for purposes of subsection (a).
       (e) Monitoring.--The Administrator may authorize qualified 
     entities to monitor motor carriers that receive recognition, 
     including credit or an improved SMS percentile, under this 
     section through a no-cost contract structure.
       (f) Dissemination of Information.--The Administrator shall 
     maintain on a publicly accessible Internet Web site of the 
     Department information on--
       (1) the advanced safety equipment, enhanced driver fitness 
     measures, fleet safety management tools, technologies, and 
     programs, and other standards eligible for recognition, 
     including credit or an improved SMS percentile;
       (2) any petitions for review of advanced safety equipment, 
     enhanced driver fitness measures, fleet safety management 
     tools, technologies, and programs, and other standards; and
       (3) any relevant statistics relating to the use of advanced 
     safety equipment, enhanced driver fitness measures, fleet 
     safety management tools, technologies, and programs, and 
     other standards.
       (g) Report.--Not later than 3 years after the date of 
     enactment of this Act, 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--
       (1) number of motor carriers receiving recognition, 
     including credit or an improved SMS percentile, under this 
     section; and
       (2) 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 general public 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 Secretary has initiated modification of the CSA 
     program 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;
       (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; and
       (C) a 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 in paragraph (1)(C) 
     shall include the following: ``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) 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. DATA IMPROVEMENT.

       (a) Functional Specifications.--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 functional 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.

[[Page H8739]]

       (d) Consultation With the States.--Before implementing the 
     functional specifications developed pursuant to 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. 5225. ACCIDENT REVIEW.

       (a) In General.--Not later than 1 year after a 
     certification under section 5223, the Secretary shall task 
     the Motor Carrier Safety Advisory Committee with reviewing 
     the treatment of preventable crashes under the SMS.
       (b) Duties.--Not later than 6 months after being tasked 
     under subsection (a), the Motor Carrier Safety Advisory 
     Committee shall make recommendations to the Secretary on a 
     process to allow motor carriers and drivers to request that 
     the Administrator make a determination with respect to the 
     preventability of a crash, if such a process has not yet been 
     established by the Secretary.
       (c) Report.--The Secretary shall--
       (1) review and consider the recommendations provided by the 
     Motor Carrier Safety Advisory Committee; and
       (2) report to Congress on how the Secretary intends to 
     address the treatment of preventable crashes.
       (d) Preventable Defined.--In this section, the term 
     ``preventable'' has the meaning given that term in Appendix B 
     of part 385 of title 49, Code of Federal Regulations, as in 
     effect on the date of enactment of this Act.

              Subtitle C--Commercial Motor Vehicle Safety

     SEC. 5301. 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) Vehicle Safety Technology Defined.--In this section, 
     the term ``vehicle safety technology'' includes a fleet-
     related incident management system, performance or behavior 
     management system, speed management system, lane departure 
     warning system, forward collision warning or mitigation 
     system, and 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 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. 5302. 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 and 
     notifies Congress of such determination.

     SEC. 5303. 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. 5304. 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. 5305. HIGH RISK CARRIER REVIEWS.

       (a) In General.--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.--The Secretary shall post on a public Web site 
     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 SAFETEA-LU (49 
     U.S.C. 31144 note), and the item relating to that section in 
     the table of contents in section 1(b) of that Act, are 
     repealed.

     SEC. 5306. 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; and
       (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.
       (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.
       (e) Termination.--The working group shall terminate not 
     more than 180 days after the date on which the Secretary 
     makes recommendations under subsection (d)(3).

     SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS.

       (a) In General.--For each rulemaking described in 
     subsection (c), not later than 30 days after the date of 
     enactment of this Act and every 180 days thereafter until the 
     rulemaking is complete, 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 written notification that 
     includes--
       (1) for a rulemaking with a statutory deadline--
       (A) an explanation of why the deadline was not met; and
       (B) an expected date of completion of the rulemaking; and
       (2) for a rulemaking without a statutory deadline, an 
     expected date of completion of the rulemaking.
       (b) Additional Contents.--A notification submitted under 
     subsection (a) shall include--
       (1) an updated rulemaking timeline;
       (2) a list of factors causing delays in the completion of 
     the rulemaking; and
       (3) any other details associated with the status of the 
     rulemaking.
       (c) Rulemakings.--The Secretary shall submit a written 
     notification under subsection (a) for each of the following 
     rulemakings:
       (1) The rulemaking required under section 31306a(a)(1) of 
     title 49, United States Code.
       (2) The rulemaking required under section 31137(a) of title 
     49, United States Code.
       (3) The rulemaking required under section 31305(c) of title 
     49, United States Code.
       (4) The rulemaking required under section 31601 of division 
     C of MAP-21 (49 U.S.C. 30111 note).
       (5) A rulemaking concerning motor carrier safety fitness 
     determinations.
       (6) A rulemaking concerning commercial motor vehicle safety 
     required by an Act of Congress enacted on or after August 1, 
     2005, and incomplete for more than 2 years.

              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--

[[Page H8740]]

       ``(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) of title 10.
       ``(B) Covered individual.--The term `covered individual' 
     means an individual over the age of 21 years who is--
       ``(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 Administrative Recommendations.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary, in consultation with the Secretary of Defense, 
     shall implement the recommendations contained in the report 
     submitted under section 32308 of MAP-21 (49 U.S.C. 31301 
     note) that are not implemented as a result of the amendment 
     in subsection (a).
       (c) 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.
       (d) 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) of title 10); or
       ``(II) the reserve components (as that term is defined in 
     section 31305(d)(2) 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)--
       (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. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL 
                   DRIVER'S LICENSES.

       (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) National Registry of Medical Examiners.--The Secretary, 
     in consultation with the Secretary of Veterans Affairs, shall 
     develop a process for qualified physicians to perform a 
     medical examination and provide a medical certificate under 
     subsection (a) and include such physicians on the national 
     registry of medical examiners established under section 
     31149(d) of title 49, United States Code.
       (d) 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 to 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.
       (e) Statutory Construction.--Nothing in this section shall 
     be construed to change any statutory penalty associated with 
     fraud or abuse.

     SEC. 5404. COMMERCIAL DRIVER PILOT PROGRAM.

       (a) In General.--The Secretary shall establish a pilot 
     program under section 31315(c) of title 49, United States 
     Code, to study the feasibility, benefits, and safety impacts 
     of allowing a covered driver to operate a commercial motor 
     vehicle in interstate commerce.
       (b) Data Collection.--The Secretary shall collect and 
     analyze data relating to accidents in which--
       (1) a covered driver participating in the pilot program is 
     involved; and
       (2) a driver under the age of 21 operating a commercial 
     motor vehicle in intrastate commerce is involved.
       (c) Limitations.--A driver participating in the pilot 
     program may not--
       (1) transport--
       (A) passengers; or
       (B) hazardous cargo; or
       (2) operate a vehicle in special configuration.
       (d) Working Group.--
       (1) Establishment.--The Secretary shall conduct, monitor, 
     and evaluate the pilot program in consultation with a working 
     group to be established by the Secretary consisting of 
     representatives of the armed forces, industry, drivers, 
     safety advocacy organizations, and State licensing and 
     enforcement officials.
       (2) Duties.--The working group shall review the data 
     collected under subsection (b) and provide recommendations to 
     the Secretary on the feasibility, benefits, and safety 
     impacts of allowing a covered driver to operate a commercial 
     motor vehicle in interstate commerce.
       (e) Report.--Not later than 1 year after the date on which 
     the pilot program is concluded, the Secretary shall submit to 
     Congress a report describing the findings of the pilot 
     program and the recommendations of the working group.
       (f) Definitions.--In this section, the following 
     definitions apply:
       (1) Accident.--The term ``accident'' has the meaning given 
     that term in section 390.5 of title 49, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     Act.
       (2) Armed forces.--The term ``armed forces'' has the 
     meaning given that term in section 101(a) of title 10, United 
     States Code.
       (3) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given that term in section 31301 of 
     title 49, United States Code.
       (4) Covered driver.--The term ``covered driver'' means an 
     individual who is--
       (A) between the ages of 18 and 21;
       (B) a member or former member of the--
       (i) armed forces; or
       (ii) reserve components (as defined in section 31305(d)(2) 
     of title 49, United States Code, as added by this Act); and
       (C) qualified in a Military Occupational Specialty to 
     operate a commercial motor vehicle or similar vehicle.

                     Subtitle E--General Provisions

     SEC. 5501. 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

[[Page H8741]]

       (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. 5502. 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) Termination.--The working group shall terminate 1 year 
     after the date the Secretary receives the report under 
     subsection (c)(1).

     SEC. 5503. 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 consumers relevant information 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) Termination.--The working group shall terminate 1 year 
     after the date the working group makes its recommendations 
     under subsection (c)(2).

     SEC. 5504. TECHNOLOGY IMPROVEMENTS.

       (a) In General.--Not later than 18 months 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--
       (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. 5505. 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. 5506. REPORT ON COMMERCIAL DRIVER'S LICENSE SKILLS TEST 
                   DELAYS.

       Not later than 18 months 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 from the date an applicant 
     requests to take a skills test to the date the applicant has 
     the opportunity to complete such test;
       (B) the average wait time from the date an applicant, upon 
     failure of a skills test, requests a retest to the date the 
     applicant has the opportunity to complete such retest;
       (C) the actual number of qualified commercial driver's 
     license examiners 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 has the opportunity to complete such test 
     or retest.

     SEC. 5507. 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. 5508. 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:

[[Page H8742]]

  


     ``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. 5509. 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;
       (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--
       (A) medical care;
       (B) compensation; and
       (C) 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, to the extent practicable--
       (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. 5510. SAFETY STUDY REGARDING DOUBLE-DECKER MOTORCOACHES.

       (a) Study.--The Secretary, in consultation with State 
     transportation safety and law enforcement 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 180 days 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.

     SEC. 5511. 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. 5512. ACCESS TO NATIONAL DRIVER REGISTER.

       Section 30305(b) of title 49, United States Code, 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. 5513. 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 Federal wireless 
     roadside inspection systems--
       (1) conflict with existing 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. 5514. REGULATION OF TOW TRUCK OPERATIONS.

       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''.

     SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER 
                   COMMUTING.

       (a) Effects of Commuting.--The Administrator of the Federal 
     Motor Carrier Safety Administration shall conduct a study on 
     the safety effects of motor carrier operator commutes 
     exceeding 150 minutes.
       (b) 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.

     SEC. 5516. ADDITIONAL STATE AUTHORITY.

       Notwithstanding any other provision of law, South Dakota 
     shall be provided the opportunity to update and revise the 
     routes designated as qualifying Federal-aid Primary System 
     highways under section 31111(e) of title 49, United States 
     Code, as long as the update shifts routes to divided highways 
     or does not increase centerline miles by more than 5 percent 
     and is expected to increase safety performance.

     SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.

       (a) In General.--Not later than January 1, 2017, 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, to the extent practicable, 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; and
       (C) other identifiable costs; and
       (3) the frequency with which insurance claims exceed the 
     current minimum levels of financial responsibility.

     SEC. 5518. 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. 5519. 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

[[Page H8743]]

     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) Hi-Rail Vehicle Defined.--In this section, the term 
     ``hi-rail vehicle'' means an internal rail flaw detection 
     vehicle equipped with flange hi-rails.

     SEC. 5520. AUTOMOBILE TRANSPORTER.

       (a) Automobile Transporter Defined.--Section 31111(a)(1) of 
     title 49, United States Code, is amended--
       (1) by striking ``specifically''; and
       (2) by adding at the end the following: ``An automobile 
     transporter shall not be prohibited from the transport of 
     cargo or general freight on a backhaul, so long as it 
     complies with weight limitations for a truck tractor and 
     semitrailer combination.''.
       (b) Truck Tractor Defined.--Section 31111(a)(3)(B) of title 
     49, United States Code, is amended--
       (1) by striking ``only''; and
       (2) by inserting before the period at the end the 
     following: ``or any other commodity, including cargo or 
     general freight on a backhaul''.
       (c) Backhaul Defined.--Section 31111(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(5) Backhaul.--The term `backhaul' means the return trip 
     of a vehicle transporting cargo or general freight, 
     especially when carrying goods back over all or part of the 
     same route.''.
       (d) Stinger-Steered Automobile Transporters.--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 a semicolon; 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; or''.

     SEC. 5521. 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 395.1(e)(1)(ii) 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 a 
     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.''.

     SEC. 5522. TRANSPORTATION OF CONSTRUCTION MATERIALS AND 
                   EQUIPMENT.

       Section 229(e)(4) of the Motor Carrier Safety Improvement 
     Act of 1999 (49 U.S.C. 31136 note) is amended--
       (1) by striking ``50 air mile radius'' and inserting ``75 
     air mile radius''; and
       (2) by striking ``the driver.'' and inserting ``the driver, 
     except that a State, upon notice to the Secretary, may 
     establish a different air mile radius limitation for purposes 
     of this paragraph if such limitation is between 50 and 75 air 
     miles and applies only to movements that take place entirely 
     within the State.''.

     SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY 
                   TRAILERS.

       (a) Definitions.--Section 31111(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(6) Trailer transporter towing unit.--The term `trailer 
     transporter towing unit' means a power unit that is not used 
     to carry property when operating in a towaway trailer 
     transporter combination.
       ``(7) Towaway trailer transporter combination.--The term 
     `towaway trailer transporter combination' means a combination 
     of vehicles consisting of a trailer transporter towing unit 
     and 2 trailers or semitrailers--
       ``(A) with a total weight that does not exceed 26,000 
     pounds; and
       ``(B) in which the trailers or semitrailers carry no 
     property and constitute inventory property of a manufacturer, 
     distributor, or dealer of such trailers or semitrailers.''.
       (b) General Limitations.--Section 31111(b)(1) of such title 
     is amended by adding at the end the following:
       ``(H) has the effect of imposing an overall length 
     limitation of less than 82 feet on a towaway trailer 
     transporter combination.''.
       (c) Conforming Amendments.--
       (1) Property-carrying unit limitation.--Section 31112(a)(1) 
     of such title is amended by inserting before the period at 
     the end the following: ``, but not including a trailer or a 
     semitrailer transported as part of a towaway trailer 
     transporter combination (as defined in section 31111(a))''.
       (2) Access to interstate system.--Section 31114(a)(2) of 
     such title is amended by inserting ``any towaway trailer 
     transporter combination (as defined in section 31111(a)),'' 
     after ``passengers,''.

     SEC. 5524. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN WELDING 
                   TRUCKS USED IN PIPELINE INDUSTRY.

       (a) Covered Motor Vehicle Defined.--In this section, the 
     term ``covered motor vehicle'' means a motor vehicle that--
       (1) is traveling in the State in which the vehicle is 
     registered or another State;
       (2) is owned by a welder;
       (3) is a pick-up style truck;
       (4) is equipped with a welding rig that is used in the 
     construction or maintenance of pipelines; and
       (5) has a gross vehicle weight and combination weight 
     rating and weight of 15,000 pounds or less.
       (b) Federal Requirements.--A covered motor vehicle, 
     including the individual operating such vehicle and the 
     employer of such individual, shall be exempt from the 
     following:
       (1) Any requirement relating to registration as a motor 
     carrier, including the requirement to obtain and display a 
     Department of Transportation number, established under 
     chapters 139 and 311 of title 49, United States Code.
       (2) Any requirement relating to driver qualifications 
     established under chapter 311 of title 49, United States 
     Code.
       (3) Any requirement relating to driving of commercial motor 
     vehicles established under chapter 311 of title 49, United 
     States Code.
       (4) Any requirement relating to parts and accessories and 
     inspection, repair, and maintenance of commercial motor 
     vehicles established under chapter 311 of title 49, United 
     States Code.
       (5) Any requirement relating to hours of service of 
     drivers, including maximum driving and on duty time, 
     established under chapter 315 of title 49, United States 
     Code.

     SEC. 5525. REPORT.

       (a) In General.--Not later than 4 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 Transportation and Infrastructure 
     of the House of Representatives a report describing the 
     safety and enforcement impacts of sections 5520, 5521, 5522, 
     5523, 5524, and 7208 of this Act.
       (b) Consultation.--In preparing the report required under 
     subsection (a), the Secretary shall consult with States, 
     State law enforcement agencies, entities impacted by the 
     sections described in subsection (a), and other entities the 
     Secretary considers appropriate.

                          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 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 2020.
       (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; and
       (E) $67,500,000 for fiscal year 2020.
       (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 2020.
       (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 2020.
       (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; and
       (E) $77,500,000 for fiscal year 2020.
       (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 2020.
       (b) Administration.--The Federal Highway Administration 
     shall--
       (1) administer the programs described in paragraphs (1), 
     (2), and (3) of subsection (a); and
       (2) in consultation with relevant modal administrations, 
     administer the programs described in subsection (a)(4).
       (c) 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

[[Page H8744]]

     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. 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 2020''; and
       (2) by adding at the end the following:
       ``(D) Publication.--
       ``(i) In general.--Not less frequently than annually, the 
     Secretary shall issue and make available to the public on an 
     Internet website 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.
       ``(ii) Inclusions.--The report under clause (i) 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. 6004. 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 10 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, including urban and 
     rural areas.
       ``(iii) Technology diversity.--In awarding a grant under 
     this paragraph, the Secretary shall ensure, to the extent 
     practicable, that grant recipients represent diverse 
     technology solutions.
       ``(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.--For each eligible entity that 
     receives a grant under this paragraph, not later than 1 year 
     after the entity receives the grant, 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 website 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 Committees on Transportation and 
     Infrastructure and Science, Space, and Technology of the 
     House of Representatives and the Committees on Environment 
     and Public Works and Commerce, Science, and Transportation of 
     the Senate.
       ``(I) Funding.--
       ``(i) In general.--From funds made available to carry out 
     subsection (b), this subsection, and sections 512 through 
     518, the Secretary shall set aside for grants awarded under 
     subparagraph (D) $60,000,000 for each of fiscal years 2016 
     through 2020.
       ``(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).

[[Page H8745]]

       ``(ii) Programs.--The programs referred to in clause (i) 
     are--

       ``(I) the program under subsection (b);
       ``(II) the program under this subsection; 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, local 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. 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.''.

     SEC. 6006. 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 
     research 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. 6007. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.

       Section 515(h)(4) of title 23, United States Code, is 
     amended in the matter preceding subparagraph (A)--
       (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 
     website''.

     SEC. 6008. 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. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.

       Section 518(a) of title 23, United States Code, is amended 
     in the matter preceding paragraph (1) 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 website a report''.

     SEC. 6010. 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 of intelligent transportation systems--
       ``(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:

``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. 6011. DEPARTMENTAL RESEARCH PROGRAMS.

       (a) Assistant Secretary for Research and Technology.--
     Section 102(e)(1) of title 49, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A) by striking 
     ``5'' and inserting ``6''; and
       (2) in subparagraph (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(d) of the Stevenson-Wydler Technology Innovation Act of 
     1980 (15 U.S.C. 3710a(d))), 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 2020, the Secretary is authorized to 
     expend not more than 1 \1/2\ 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 of 
     title 49, United States Code, is

[[Page H8746]]

     amended by striking subsection (a) and inserting the 
     following:
       ``(a) In General.--There shall be within the Department of 
     Transportation the Bureau of Transportation Statistics.''.

     SEC. 6012. 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. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.

       Section 5115(a) of title 49, United States Code, is amended 
     in the first sentence by inserting ``, including online 
     curriculum as appropriate,'' after ``a current curriculum of 
     courses''.

     SEC. 6014. 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:
       ``(c) Cooperative Research.--
       ``(1) In general.--As part of the program established under 
     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 research 
     described in paragraph (1).
       ``(3) Research.--Research conducted under this subsection 
     may include activities relating 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. 6015. 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. 6016. 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) Restriction.--
       ``(A) Limitation.--A lead institution of a consortium of 
     nonprofit institutions of higher education, as applicable, 
     may only receive 1 grant 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.
       ``(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 
     chapter 65.
       ``(B) Criteria.--The Secretary, in consultation with the 
     Assistant Secretary for Research and Technology and the 
     Administrator of the Federal Highway Administration and other 
     modal administrations as appropriate, 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 
     (4) 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, 
     including 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 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 6503(c).
       ``(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
       ``(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

[[Page H8747]]

     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, congestion, 
     connected vehicles, connected infrastructure, and autonomous 
     vehicles.
       ``(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 6503, 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 Committees on Environment 
     and Public Works and Commerce, Science, and Transportation of 
     the Senate a report describing that review and evaluation.
       ``(3) Program evaluation and oversight.--For each of fiscal 
     years 2016 through 2020, 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. 6017. BUREAU OF TRANSPORTATION STATISTICS.

       Section 6302 of title 49, United States Code, 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 
     authorized budget of the Bureau, 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; Public Law 107-
     347).''.

     SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.

       (a) In General.--Chapter 63 of title 49, United States 
     Code, 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) 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 port performance measures for each of the United 
     States ports referred to in subsection (a) that--
       ``(A) receives Federal assistance; or
       ``(B) is subject to Federal regulation to submit necessary 
     information to the Bureau that includes statistics on 
     capacity and throughput as applicable to the specific 
     configuration of the port.
       ``(c) Recommendations.--
       ``(1) In general.--The Director shall obtain 
     recommendations for--
       ``(A) port performance measures, including specifications 
     and data measurements to be used in the program established 
     under subsection (a); and
       ``(B) a process for the Department 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 Transportation for Tomorrow Act of 
     2015, the Director shall commission a working group composed 
     of--
       ``(A) operating administrations of the Department;
       ``(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 Bureau of Labor Statistics;
       ``(I) the Maritime Advisory Committee for Occupational 
     Safety and Health;
       ``(J) the Advisory Committee on Supply Chain 
     Competitiveness;
       ``(K) 1 representative from the rail industry;
       ``(L) 1 representative from the trucking industry;
       ``(M) 1 representative from the maritime shipping industry;
       ``(N) 1 representative from a labor organization for each 
     industry described in subparagraphs (K) through (M);
       ``(O) 1 representative from the International 
     Longshoremen's Association;
       ``(P) 1 representative from the International Longshore and 
     Warehouse Union;
       ``(Q) 1 representative from a port authority;
       ``(R) 1 representative from a terminal operator;
       ``(S) representatives of the National Freight Advisory 
     Committee of the Department; and
       ``(T) representatives of the Transportation Research Board 
     of the National Academies of Sciences, Engineering, and 
     Medicine.
       ``(3) Recommendations.--Not later than 1 year after the 
     date of the enactment of the Transportation for Tomorrow Act 
     of 2015, the working group commissioned under paragraph (2) 
     shall submit its recommendations to the Director.
       ``(d) Access to Data.--The Director shall ensure that--
       ``(1) the statistics compiled under this section--
       ``(A) are readily accessible to the public; and
       ``(B) are consistent with applicable security constraints 
     and confidentiality interests; and
       ``(2) the data acquired, regardless of source, shall be 
     protected in accordance with the Confidential Information 
     Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 
     3501 note; Public Law 107-347).''.
       (b) Prohibition on Certain Disclosures; Copies of 
     Reports.--Section 6307(b) of such title is amended, by 
     inserting ``or section 6314(b)'' after ``section 
     6302(b)(3)(B)'' each place it appears.
       (c) Clerical Amendment.--The table of sections for chapter 
     63 of such title is amended by adding at the end the 
     following:

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

     SEC. 6019. RESEARCH PLANNING.

       (a) Findings.--Congress finds that--
       (1) Federal transportation research planning--
       (A) should be coordinated by the Office of the Secretary; 
     and
       (B) should be, to the extent practicable, multimodal and 
     not occur solely within the sub-agencies of the Department;
       (2) managing a multimodal research portfolio within the 
     Office of the Secretary will--
       (A) help identify opportunities in which research could be 
     applied across modes; and
       (B) prevent duplication of efforts and waste of limited 
     Federal resources;
       (3) the Assistant Secretary for Research and Technology 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; and
       (4) increasing transparency of transportation research and 
     development efforts will--
       (A) build stakeholder confidence in the final product; and
       (B) lead to the improved implementation of research 
     findings.

[[Page H8748]]

       (b) Research Planning.--
       (1) In general.--Subtitle III of title 49, United States 
     Code, is amended by inserting after chapter 63 the following:

                    ``CHAPTER 65--RESEARCH PLANNING

``Sec.
``6501. Annual modal research plans.
``6502. Consolidated research database.
``6503. Transportation research and development 5-year strategic plan.

     ``SEC. 6501. ANNUAL MODAL RESEARCH PLANS.

       ``(a) Modal Plans Required.--
       ``(1) In general.--Not later than May 1 of each year, the 
     head of each modal administration and joint program office of 
     the Department of Transportation shall submit to the 
     Assistant Secretary for Research and Technology of the 
     Department of Transportation (referred to in this chapter as 
     the `Assistant Secretary') a comprehensive annual modal 
     research plan for the upcoming fiscal year and a detailed 
     outlook for the following fiscal year.
       ``(2) Relationship to strategic plan.--Each plan submitted 
     under paragraph (1), after the plan required in 2016, shall 
     be consistent with the strategic plan developed under section 
     6503.
       ``(b) Review.--
       ``(1) In general.--Not later than September 1 of each year, 
     the Assistant Secretary, for each plan and outlook submitted 
     pursuant to subsection (a), shall--
       ``(A) review the scope of the research; and
       ``(B)(i) approve the plan and outlook; or
       ``(ii) request that the plan and outlook be revised and 
     resubmitted for approval.
       ``(2) Publications.--Not later than January 30 of each 
     year, the Secretary shall publish on a public website each 
     plan and outlook that has been approved under paragraph 
     (1)(B)(i).
       ``(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 any of the projects described 
     in the plan duplicate significant aspects of research efforts 
     of any other modal administration.
       ``(c) Funding Limitations.--No funds may be expended by the 
     Department of Transportation on research that has been 
     determined by the Assistant Secretary under subsection (b)(3) 
     to be duplicative unless--
       ``(1) the research is required by an Act of Congress;
       ``(2) the research was part of a contract that was funded 
     before the date of enactment of this chapter;
       ``(3) the research updates previously commissioned 
     research; or
       ``(4) the Assistant Secretary certifies to Congress that 
     such research is necessary, and provides justification for 
     such certification.
       ``(d) 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 to Congress a corrective action plan to 
     eliminate the duplicative research.

     ``SEC. 6502. CONSOLIDATED RESEARCH DATABASE.

       ``(a) Research Abstract Database.--
       ``(1) In general.--The Secretary shall annually publish on 
     a public website a comprehensive database of all research 
     projects conducted by the Department of Transportation, 
     including, to the extent practicable, research funded through 
     University Transportation Centers.
       ``(2) Contents.--The database published under paragraph (1) 
     shall, to the extent practicable--
       ``(A) include the consolidated modal research plans 
     approved under section 6501(b)(1)(B)(i);
       ``(B) describe the research objectives, progress, findings, 
     and allocated funds for each research project;
       ``(C) identify research projects with multimodal 
     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 more than 1 modal 
     administration is conducting research on a similar subject or 
     a subject that has a bearing on more than 1 mode;
       ``(F) indicate how the findings of research are being 
     disseminated to improve the efficiency, effectiveness, and 
     safety of transportation systems; and
       ``(G) describe the public and stakeholder input to the 
     research plans submitted under section 6501(a)(1).
       ``(b) Funding Report.--In conjunction with each of the 
     annual budget requests submitted by the President under 
     section 1105 of title 31, the Secretary shall annually 
     publish on a public website and submit to the appropriate 
     committees of Congress a report that describes--
       ``(1) the amount spent in the last full fiscal year on 
     transportation research and development with specific 
     descriptions of projects funded at $5,000,000 or more; and
       ``(2) the amount proposed in the current budget for 
     transportation research and development with specific 
     descriptions of projects funded at $5,000,000 or more.
       ``(c) Performance Plans and Reports.--In the plans and 
     reports submitted under sections 1115 and 1116 of title 31, 
     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 described in section 
     6503(c)(1); and
       ``(4) any amendments to the strategic plan developed under 
     section 6503.

     ``SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR 
                   STRATEGIC PLAN.

       ``(a) In General.--The Secretary shall develop a 5-year 
     transportation research and development strategic plan 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;
       ``(2) sections 1115 and 1116 of title 31; and
       ``(3) any other research and development plan within the 
     Department of Transportation.
       ``(c) Contents.--The strategic plan developed under 
     subsection (a) shall--
       ``(1) describe how the plan furthers the primary purposes 
     of the transportation research and development program, which 
     shall include--
       ``(A) improving mobility of people and goods;
       ``(B) reducing congestion;
       ``(C) promoting safety;
       ``(D) improving the durability and extending the life of 
     transportation infrastructure;
       ``(E) preserving the environment; and
       ``(F) preserving the existing transportation system;
       ``(2) for each of the purposes referred to in paragraph 
     (1), list the primary proposed research and development 
     activities that the Department of Transportation intends to 
     pursue to accomplish that purpose, 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 a wide range of external 
     stakeholders;
       ``(2) includes and integrates the research and development 
     programs of all of the modal administrations of the 
     Department of Transportation, including aviation, transit, 
     rail, and maritime and joint programs;
       ``(3) takes into account research and development by other 
     Federal, State, local, private sector, and nonprofit 
     institutions;
       ``(4) not later than December 31, 2016, is published on a 
     public website; and
       ``(5) takes into account how research and development by 
     other Federal, State, private sector, and nonprofit 
     institutions--
       ``(A) contributes to the achievement of the purposes 
     identified under subsection (c)(1); and
       ``(B) avoids unnecessary duplication of those efforts.
       ``(e) Interim Report.--Not later than 2 \1/2\ years after 
     the date of enactment of this chapter, the Secretary may 
     publish on a public website an interim report that--
       ``(1) provides an assessment of the 5-year research and 
     development strategic plan of the Department of 
     Transportation described in this section; and
       ``(2) 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).''.
       (c) Technical and Conforming Amendment.--The table of 
     chapters for subtitle III of title 49, United States Code, is 
     amended by adding at the end the following:

``63. Bureau of Transportation Statistics.....................6301 ....

``65. Research planning.....................................6501''.....

       (d) 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 6503 of title 
     49''; 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 6503 of 
     title 49''; 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.--The Intelligent 
     Transportation Systems Act of 1998 (23 U.S.C. 502 note; 
     Public Law 105-178) is amended--
       (A) in section 5205(b), by striking ``as part of the 
     Surface Transportation Research and Development Strategic 
     Plan developed under section 508 of title 23'' and inserting 
     ``as part of the transportation research and development 
     strategic plan under section 6503 of title 49''; and
       (B) in section 5206(e)(2)(A), by striking ``or the Surface 
     Transportation Research and Development Strategic Plan 
     developed under section 508

[[Page H8749]]

     of title 23'' and inserting ``or the transportation research 
     and development strategic plan under section 6503 of title 
     49''.
       (3) Intelligent transportation system research.--Section 
     5305(h)(3)(A) of SAFETEA-LU (23 U.S.C. 512 note; Public Law 
     109-59) is amended by striking ``the strategic plan under 
     section 508 of title 23, United States Code'' and inserting 
     ``the 5-year strategic plan under 6503 of title 49, United 
     States Code''.

     SEC. 6020. 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 website 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 2020.
       (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. 6021. 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 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;
       (4) those National Highway System routes that should be 
     added to the existing Interstate System to more efficiently 
     serve national traffic flows; and
       (5) the resources necessary to maintain and improve the 
     Interstate System, including the resources required to 
     upgrade the National Highway System routes identified in 
     paragraph (4) to Interstate standards.
       (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 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.
       (g) Funding.--From amounts authorized to carry out the 
     Highway Research and Development Program, the Secretary shall 
     use to carry out this section not more than $5,000,000 for 
     fiscal year 2016.

     SEC. 6022. HIGHWAY EFFICIENCY.

       (a) Study.--
       (1) In general.--The Secretary 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 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 Secretary 
     shall consult with--
       (A) modal administrations of the Department and other 
     Federal agencies, including the National Institute of 
     Standards and Technology;
       (B) State departments of transportation;
       (C) industry stakeholders; and
       (D) appropriate academic experts.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall publish on a 
     public website a report describing 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 safety, 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, improve 
     safety, ride

[[Page H8750]]

     quality, and road conditions, and to minimize the need for 
     road and vehicle repairs.

     SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.

       To improve the scientific pursuit and research procedures 
     concerning transportation, the Secretary may convene an 
     interagency working group--
       (1) to identify opportunities for coordination between the 
     Department and universities and the private sector; and
       (2) to identify and develop a plan to address related 
     workforce development needs.

     SEC. 6024. 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. 6025. GAO REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress 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, 
     including consumer privacy protections; and
       (3) recommends implementation paths for autonomous 
     transportation technology, applications, and policies that 
     are based on the assessment described in paragraph (2).

     SEC. 6026. TRAFFIC CONGESTION.

       (a) Congestion Research.--The Secretary may conduct 
     research on the reduction of traffic congestion.
       (b) Consideration.--The Secretary may--
       (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, 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 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 completion of 
     research under this section, the Secretary may make available 
     on a public website a report on any activities under this 
     section.

     SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY.

       (a) In General.--The Secretary may 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 
     those 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 may publish the report 
     containing the results of the study conducted under 
     subsection (a) to a public website.

     SEC. 6028. 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 
     of the Federal Highway Administration may use up to 
     $10,000,000 for each of fiscal years 2016 through 2020 to 
     carry out this section.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

     SEC. 7001. SHORT TITLE.

       This title may be cited as the ``Hazardous Materials 
     Transportation Safety Improvement Act of 2015''.

                       Subtitle A--Authorizations

     SEC. 7101. 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; and
       ``(5) $60,000,000 for fiscal year 2020.
       ``(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 2020--
       ``(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 
     $4,000,000 for each of fiscal years 2016 through 2020 to 
     carry out section 5107(e).
       ``(d) Community Safety Grants.--Of the amounts made 
     available under subsection (a) to carry out this chapter, the 
     Secretary shall withhold $1,000,000 for each of fiscal years 
     2016 through 2020 to carry out section 5107(i).
       ``(e) 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.''.

         Subtitle B--Hazardous Material Safety and Improvement

     SEC. 7201. 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 reasons for granting 
     the waiver.''.

     SEC. 7202. 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

[[Page H8751]]

     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 concerns identified during 
     the course of the comprehensive review.''.

     SEC. 7203. 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 if--
       ``(i) 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) 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 planning and 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 for 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 so redesignated, by striking 
     ``subsections (a)(2)(A) and (b)(2)(A)'' and inserting 
     ``subsection (a)(3)(A)'';
       (B) in subsection (h), as so redesignated--
       (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 so redesignated, by striking 
     ``subsection (b)'' and inserting ``subsection (a)''; and
       (D) in subsection (j), as so redesignated--
       (i) by striking ``planning grants allocated under 
     subsection (a), training grants under subsection (b), and 
     grants under subsection (j) of this section and under section 
     5107'' and inserting ``planning and training grants under 
     subsection (a) and grants under subsection (i) of this 
     section and under subsections (e) and (i) of section 5107''; 
     and
       (ii) by redesignating subparagraphs (A) through (D) as 
     paragraphs (1) through (4), respectively.
       (c) Savings Clause.--Nothing in this section may be 
     construed to prohibit the Secretary from recovering and 
     deobligating funds from grants that are not managed or 
     expended in compliance with a grant agreement.

     SEC. 7204. 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 second 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
       (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. 7205. 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. 7206. 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. 7207. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION 
                   EXAMINATIONS.

       (a) In General.--Not later than 180 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

[[Page H8752]]

       (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 180 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 
     consider such recommendations, and if determined appropriate, 
     issue regulations to address the recommendations not later 
     than 18 months after the date of the publication of the plan 
     under subsection (c).

     SEC. 7208. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION.

       The Secretary shall allow a State, at the discretion of the 
     State, to waive the requirement for a holder of a Class A 
     commercial driver's license to obtain a hazardous materials 
     endorsement under part 383 of title 49, Code of Federal 
     Regulations, if the license holder--
       (1) is acting within the scope of the license holder's 
     employment as an employee of a custom harvester operation, 
     agrichemical business, farm retail outlet and supplier, or 
     livestock feeder; and
       (2) is operating a service vehicle that is--
       (A) transporting diesel in a quantity of 3,785 liters 
     (1,000 gallons) or less; and
       (B) clearly marked with a ``flammable'' or ``combustible'' 
     placard, as appropriate.

      Subtitle C--Safe Transportation of Flammable Liquids by Rail

     SEC. 7301. COMMUNITY SAFETY GRANTS.

       Section 5107 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(i) Community Safety Grants.--The Secretary shall 
     establish a competitive program for making grants to 
     nonprofit organizations for--
       ``(1) conducting national outreach and training programs to 
     assist communities in preparing for and responding to 
     accidents and incidents involving the transportation of 
     hazardous materials, including Class 3 flammable liquids by 
     rail; and
       ``(2) training State and local personnel responsible for 
     enforcing the safe transportation of hazardous materials, 
     including Class 3 flammable liquids.''.

     SEC. 7302. 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 
     appropriate Federal agencies, shall issue regulations that--
       (1) 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 the fusion center with 
     secure and confidential access to the electronic train 
     consist information described in subparagraph (A) for each 
     train transporting hazardous materials in the jurisdiction of 
     the fusion center;
       (2) require each applicable fusion center to provide the 
     electronic train consist information described in paragraph 
     (1)(A) to State and local first responders, emergency 
     response officials, and law enforcement personnel that are 
     involved in the response to or investigation of an accident, 
     incident, or public health or safety emergency involving the 
     rail transportation of hazardous materials and that request 
     such electronic train consist information;
       (3) require each Class I railroad to provide advanced 
     notification and information on high-hazard flammable trains 
     to each State emergency response commission, consistent with 
     the notification content requirements in Emergency Order 
     Docket No. DOT-OST-2014-0067, including--
       (A) a reasonable estimate of the number of implicated 
     trains that are expected to travel, per week, through each 
     county within the applicable State;
       (B) updates to such estimate prior to making any material 
     changes to any volumes or frequencies of trains traveling 
     through a county;
       (C) identification and a description of the Class 3 
     flammable liquid being transported on such trains;
       (D) applicable emergency response information, as required 
     by regulation;
       (E) identification of the routes over which such liquid 
     will be transported; and
       (F) a point of contact at the Class I railroad responsible 
     for serving as the point of contact for State emergency 
     response centers and local emergency responders related to 
     the Class I railroad's transportation of such liquid.
       (4) require each applicable State emergency response 
     commission to provide to a political subdivision of a State, 
     or public agency responsible for emergency response or law 
     enforcement, upon request of the political subdivision or 
     public agency, the information the commission receives from a 
     Class I railroad pursuant to paragraph (3), including, for 
     any such political subdivision or public agency responsible 
     for emergency response or law enforcement that makes an 
     initial request for such information, any updates received by 
     the State emergency response commission.
       (5) prohibit any Class I 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;
       (6) establish security and confidentiality protections, 
     including protections from the public release of proprietary 
     information or security-sensitive information, to prevent the 
     release to unauthorized persons any electronic train consist 
     information or advanced notification or information provided 
     by Class I railroads under this section; and
       (7) allow each Class I railroad to enter into a memorandum 
     of understanding with any Class II railroad or Class III 
     railroad that operates trains over the Class I railroad's 
     line to incorporate the Class II railroad 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; class ii railroad; class iii 
     railroad.--The terms ``Class I railroad'', ``Class II 
     railroad'', and ``Class III railroad'' have the meaning given 
     those terms in section 20102 of title 49, United States Code.
       (3) 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.
       (4) Fusion center.--The term ``fusion center'' has the 
     meaning given the term in section 210A(j) of the Homeland 
     Security Act of 2002 (6 U.S.C. 124h(j)).
       (5) Hazardous material.--The term ``hazardous material'' 
     means a substance or material the Secretary designates as 
     hazardous under section 5103 of title 49, United States Code.
       (6) 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.
       (7) 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.--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.

     SEC. 7303. EMERGENCY RESPONSE.

       (a) In General.--The Comptroller General of the United 
     States 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 Comptroller General 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 Comptroller General 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. 7304. 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 DOT-111 
     specification railroad tank cars used to transport Class 3 
     flammable liquids shall meet the DOT-117, DOT-117P, 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, DOT-117P, 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;

[[Page H8753]]

       (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, DOT-117P, or DOT-117R specifications by the 
     deadlines set forth in such paragraphs.
       (d) Conforming Regulatory Amendments.--
       (1) In general.--Immediately after the date of enactment of 
     this section, the Secretary--
       (A) shall remove or revise the date-specific deadlines in 
     any applicable regulations or orders to the extent necessary 
     to conform with the requirements of this section; and
       (B) may not enforce any such date-specific deadlines or 
     requirements that are inconsistent with the requirements of 
     this section.
       (2) Implementation.--Nothing in this section shall be 
     construed to require the Secretary to issue regulations, 
     except as required under paragraph (1), 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.

     SEC. 7305. 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. 7306. 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.

     SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE PLANS.

       The Secretary shall, not later than 30 days after the date 
     of enactment of this Act and every 90 days thereafter until a 
     final rule based on the advanced notice of proposed 
     rulemaking issued on August 1, 2014, entitled ``Hazardous 
     Materials: Oil Spill Response Plans for High-Hazard Flammable 
     Trains'' (79 Fed. Reg. 45079) is promulgated, notify the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate in writing of--
       (1) the status of such rulemaking;
       (2) any reasons why such final rule has not been 
     implemented;
       (3) a plan for completing such final rule as soon as 
     practicable; and
       (4) the estimated date of completion of such final rule.

     SEC. 7308. 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 rail tank cars used to transport Class 3 
     flammable liquids by the applicable deadlines established in 
     section 7304.
       (b) Tank Car Data.--The Secretary shall collect data from 
     shippers and rail 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 
     to transport Class 3 flammable liquids 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 anticipated 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, 2029.
       (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 required by the Confidential Information Protection and 
     Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as 
     administered by the Bureau of Transportation Statistics.
       (3) Designee.--The Secretary may--
       (A) designate the Director of the Bureau of Transportation 
     Statistics to collect data under subsection (b) and the 
     survey data under subsection (c); and
       (B) 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 submit a written 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) Definition of Class 3 Flammable Liquid.--In this 
     section, 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.

     SEC. 7309. 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 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 
     Plan study; and
       (2) recommendations, based on the findings of the study, 
     for--
       (A) regulations by the Secretary of Transportation or the 
     Secretary of Energy to improve the safe transport of crude 
     oil; and
       (B) legislation to improve the safe transport of crude oil.

[[Page H8754]]

  


     SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall initiate a study 
     on the levels and structure of insurance for railroad 
     carriers transporting hazardous materials.
       (b) Contents.--ln 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; and
       (3) the potential applicability, for a train transporting 
     hazardous materials, of an alternative insurance model, 
     including--
       (A) a secondary liability coverage pool or pools to 
     supplement commercial insurance; and
       (B) other models administered by the Federal Government.
       (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.--ln this section:
       (1) Hazardous material.--The term ``hazardous material'' 
     means a substance or material the Secretary designates as 
     hazardous under section 5103 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. 7311. 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 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 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.--
       (A) Receipt.--The National Academy of Sciences and each 
     contractor described in paragraph (2) may receive or use 
     rolling stock, track, and other equipment or infrastructure 
     from a railroad carrier or other private entity for the 
     purposes of conducting the testing required under this 
     section.
       (B) Contracted use.--Notwithstanding paragraph (2)(A), to 
     facilitate testing, the National Academy of Sciences and each 
     contractor may contract with a railroad carrier or any other 
     private entity for the use of such carrier or entity's 
     rolling stock, track, or other equipment and receive 
     technical assistance on their use.
       (c) Evidence-Based Approach.--
       (1) Analysis.--The Secretary shall--
       (A) not later than 90 days after the report date, fully 
     incorporate the results of the evaluation under subsection 
     (a) and the testing under subsection (b) 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 in 
     the Federal Register 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 2 years after the date 
     of enactment of this Act, 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 rule on 
     the provisions of such final rule, other than on the 
     applicable ECP brake system requirements, if the Secretary 
     does not determine that the applicable ECP brake system 
     requirements are 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), 
     179.202-10, 179.202-12(g), and 179.202-13(i) of title 49, 
     Code of Federal Regulations, and any other regulation in 
     effect on the date of enactment of this Act requiring the 
     installation of ECP brakes or operation in ECP brake mode.
       (2) Class 3 flammable liquid.--The term ``Class 3 flammable 
     liquid'' has the meaning given the term 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.

             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....

[[Page H8755]]

``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 and productivity 
     of the National Multimodal Freight Network;
       ``(6) to improve the reliability of freight transportation;
       ``(7) 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;
       ``(8) 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;
       ``(9) to reduce the adverse environmental impacts of 
     freight movement on the National Multimodal Freight Network; 
     and
       ``(10) to pursue the goals described in this subsection in 
     a manner that is not burdensome to State and local 
     governments.
       ``(c) Implementation.--The Under Secretary of 
     Transportation for Policy, who shall be responsible for the 
     oversight and implementation of the national multimodal 
     freight policy, shall--
       ``(1) carry out sections 70102 and 70103;
       ``(2) assist with the coordination of modal freight 
     planning; and
       ``(3) identify interagency data sharing opportunities to 
     promote freight planning and coordination.

     ``Sec. 70102. National freight strategic plan

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of this section, the Under Secretary of 
     Transportation for Policy 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 established under section 
     70103;
       ``(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 Under Secretary, which shall include, at a minimum--
       ``(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) a process for addressing multistate projects and 
     encouraging jurisdictions to collaborate;
       ``(7) strategies to improve freight intermodal 
     connectivity;
       ``(8) an identification of corridors providing access to 
     energy exploration, development, installation, or production 
     areas;
       ``(9) an identification of corridors providing access to 
     major areas for manufacturing, agriculture, or natural 
     resources;
       ``(10) an identification of best practices for improving 
     the performance of the National Multimodal Freight Network, 
     including critical commerce corridors and rural and urban 
     access to critical freight corridors; and
       ``(11) an identification of best practices to mitigate the 
     impacts of freight movement on communities.
       ``(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 Under 
     Secretary shall update the plan and publish the updated plan 
     on the public Internet Web site of the Department of 
     Transportation.
       ``(d) Consultation.--The Under Secretary shall develop and 
     update the national freight strategic plan--
       ``(1) after providing notice and an opportunity for public 
     comment; and
       ``(2) 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.--The Under Secretary of Transportation 
     for Policy shall establish a National Multimodal 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 the Network;
       ``(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 70101(b) of this title and the national highway 
     freight program goals described in section 167 of title 23.
       ``(b) Interim Network.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Under Secretary shall 
     establish an interim National Multimodal Freight Network in 
     accordance with this subsection.
       ``(2) Network components.--The interim National Multimodal 
     Freight Network shall include--
       ``(A) the National Highway Freight Network, as established 
     under section 167 of title 23;
       ``(B) the freight rail systems of Class I railroads, as 
     designated by the Surface Transportation Board;
       ``(C) 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;
       ``(D) the inland and intracoastal waterways of the United 
     States, as described in section 206 of the Inland Waterways 
     Revenue Act of 1978 (33 U.S.C. 1804);
       ``(E) the Great Lakes, the St. Lawrence Seaway, and coastal 
     and ocean routes along which domestic freight is transported;
       ``(F) the 50 airports located in the United States with the 
     highest annual landed weight, as identified by the Federal 
     Aviation Administration; and
       ``(G) other strategic freight assets, including strategic 
     intermodal facilities and freight rail lines of Class II and 
     Class III railroads, designated by the Under Secretary as 
     critical to interstate commerce.
       ``(c) Final Network.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Under Secretary, after 
     soliciting input from stakeholders, including multimodal 
     freight system users, transportation providers, metropolitan 
     planning organizations, local governments, ports, airports, 
     railroads, and States, through a public process to identify 
     critical freight facilities and corridors, including critical 
     commerce corridors, that are vital to achieve the national 
     multimodal freight policy goals described in section 70101(b) 
     of this title and the national highway freight program goals 
     described in section 167 of title 23, and after providing 
     notice and an opportunity for comment on a draft system, 
     shall designate a National Multimodal Freight Network 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, destinations, and linking 
     components of domestic and international supply chains.
       ``(2) Factors.--In designating or redesignating the 
     National Multimodal Freight Network, the Under 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) facilities and transportation corridors identified by 
     a multi-State coalition, a State, a State freight advisory 
     committee, or a metropolitan planning organization, using 
     national or local data, as having critical freight importance 
     to the region;
       ``(K) major distribution centers, inland intermodal 
     facilities, and first- and last-mile facilities; and

[[Page H8756]]

       ``(L) the significance of goods movement, including 
     consideration of global and domestic supply chains.
       ``(3) Considerations.--In designating or redesignating the 
     National Multimodal Freight Network, the Under Secretary 
     shall--
       ``(A) use, to the extent practicable, measurable data to 
     assess the significance of goods movement, including the 
     consideration of points of origin, destinations, and linking 
     components of the United States global and domestic supply 
     chains;
       ``(B) consider--
       ``(i) the factors described in paragraph (2); and
       ``(ii) any changes in the economy that affect freight 
     transportation network demand; and
       ``(C) provide the States with an opportunity to submit 
     proposed designations in accordance with paragraph (4).
       ``(4) State input.--
       ``(A) In general.--Each State that proposes additional 
     designations for the National Multimodal Freight Network 
     shall--
       ``(i) consider nominations for additional designations from 
     metropolitan planning organizations and State freight 
     advisory committees, as applicable, within the State;
       ``(ii) consider nominations for 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) Critical rural freight facilities and corridors.--As 
     part of the designations under subparagraph (A), a State may 
     designate a freight facility or corridor within the borders 
     of the State as a critical rural freight facility or corridor 
     if the facility or corridor--
       ``(i) is a rural principal arterial;
       ``(ii) provides access or service to energy exploration, 
     development, installation, or production areas;
       ``(iii) provides access or service to--

       ``(I) a grain elevator;
       ``(II) an agricultural facility;
       ``(III) a mining facility;
       ``(IV) a forestry facility; or
       ``(V) an intermodal facility;

       ``(iv) connects to an international port of entry;
       ``(v) provides access to a significant air, rail, water, or 
     other freight facility in the State; or
       ``(vi) has been determined by the State to be vital to 
     improving the efficient movement of freight of importance to 
     the economy of the State.
       ``(C) Limitation.--
       ``(i) In general.--A State may propose additional 
     designations to the National Multimodal Freight Network in 
     the State in an amount that is not more than 20 percent of 
     the total mileage designated by the Under Secretary in the 
     State.
       ``(ii) Determination by under secretary.--The Under 
     Secretary shall determine how to apply the limitation under 
     clause (i) to the components of the National Multimodal 
     Freight Network.
       ``(D) Submission and certification.--A State shall submit 
     to the Under Secretary--
       ``(i) a list of any additional designations proposed to be 
     added under this paragraph; and
       ``(ii) a certification that--

       ``(I) the State has satisfied the requirements of 
     subparagraph (A); and
       ``(II) the designations referred to in clause (i) address 
     the factors for designation described in this subsection.

       ``(d) Redesignation of National Multimodal Freight 
     Network.--Not later than 5 years after the initial 
     designation under subsection (c), and every 5 years 
     thereafter, the Under Secretary, using the designation 
     factors described in subsection (c), shall redesignate the 
     National Multimodal Freight Network.

     ``CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND 
                              INFORMATION

``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Transportation investment data and planning tools.
``70204. Savings provision.

     ``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 that receives funding under 
     section 167 of title 23 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 State 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--
       ``(A) multimodal critical rural freight facilities and 
     corridors designated within the State under section 70103 of 
     this title; and
       ``(B) critical rural and urban freight corridors designated 
     within the State under section 167 of title 23;
       ``(4) a description of how the plan will improve the 
     ability of the State to meet the national multimodal freight 
     policy goals described in section 70101(b) of this title and 
     the national highway freight program goals described in 
     section 167 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 the 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 for those 
     facilities that are State owned or operated, a description of 
     the strategies the State is employing to address the freight 
     mobility issues;
       ``(8) consideration of any significant congestion or delay 
     caused by freight movements and any strategies to mitigate 
     that congestion or delay;
       ``(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; and
       ``(10) consultation with the State freight advisory 
     committee, if applicable.
       ``(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.--A State freight plan described in 
     subsection (a) shall address a 5-year forecast period.
       ``(e) Updates.--
       ``(1) In general.--A State shall update a State freight 
     plan described in subsection (a) not less frequently than 
     once every 5 years.
       ``(2) Freight investment plan.--A State may update a 
     freight investment plan described in subsection (b)(9) more 
     frequently than is required under paragraph (1).

     ``Sec. 70203. Transportation investment data and planning 
       tools

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Transportation 
     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 collaboration 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. 70204. Savings provision

       ``Nothing in this subtitle provides additional authority to 
     regulate or direct private activity on freight networks 
     designated under this subtitle.''.
       (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''.....

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:

[[Page H8757]]

  


     ``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 provide assistance and communicate best practices 
     and financing and funding opportunities to eligible entities 
     for the programs referred to in subsection (d)(1);
       ``(2) to administer the application processes for programs 
     within the Department in accordance with subsection (d);
       ``(3) to promote innovative financing best practices in 
     accordance with subsection (e);
       ``(4) to reduce uncertainty and delays with respect to 
     environmental reviews and permitting in accordance with 
     subsection (f); and
       ``(5) to reduce costs and risks to taxpayers in project 
     delivery and procurement in accordance with subsection (g).
       ``(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 Executive Director 
     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 Executive Director 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 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 
     Executive Director shall submit to the Committee on 
     Transportation and 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 Executive Director will implement 
     administrative actions identified under subparagraph (B) that 
     do not require an Act of Congress.
       ``(6) Procedures and transparency.--
       ``(A) Procedures.--With respect to the programs referred to 
     in paragraph (1), the Executive Director shall--
       ``(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 Executive Director 
     with the requirements of this paragraph.
       ``(ii) Recommendations.--The Comptroller General may make 
     recommendations to the Executive Director 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, the Committee on Banking, 
     Housing, and Urban Affairs, 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, eligible entities, 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 eligible 
     entities that seek to leverage public and private funding;
       ``(C) by sharing innovative financing best practices and 
     case studies from eligible entities with other eligible 
     entities 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 
     eligible entities in determining the appropriate project 
     delivery model, including a value for money analysis.
       ``(3) Transparency.--The Bureau shall--
       ``(A) ensure the transparency of a project receiving credit 
     assistance under a program referred to in subsection (d)(1) 
     and procured as a public-private partnership by--
       ``(i) requiring the sponsor of the 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 date of completion 
     of the project, requiring the sponsor of the project to 
     conduct a review regarding whether the private partner is 
     meeting the terms of the relevant public-private partnership 
     agreement; 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 project sponsors.--At the request of an 
     eligible entity, the Bureau shall provide technical 
     assistance to the eligible entity regarding proposed public-
     private partnership agreements for transportation facilities, 
     including assistance in performing a value for money analysis 
     or comparable analysis.
       ``(f) Environmental Review and Permitting.--
       ``(1) In general.--The Bureau shall take actions that are 
     appropriate and consistent with the Department's goals and 
     policies to improve the delivery timelines for projects 
     carried out under the programs referred to in subsection 
     (d)(1).
       ``(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 efforts to improve the efficiency and 
     effectiveness of the environmental review and permitting 
     process;
       ``(C) 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; and
       ``(D) by identifying, developing, and tracking metrics for 
     permit reviews and decisions by Federal agencies for projects 
     under the National Environmental Policy Act of 1969.
       ``(3) Support to project sponsors.--At the request of an 
     eligible entity that is carrying out a project under a 
     program referred to in subsection (d)(1), the Bureau, in 
     coordination with the appropriate modal administrations 
     within the Department, shall provide technical assistance 
     with regard to the compliance of the project 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 referred to in subsection (d)(1) by developing, in 
     coordination with modal administrations within the Department 
     as appropriate, procurement benchmarks in order to ensure 
     accountable expenditure of Federal assistance over the life 
     cycle of the project.
       ``(2) Procurement benchmarks.--To the maximum extent 
     practicable, the procurement benchmarks developed under 
     paragraph (1) shall--
       ``(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.
       ``(3) Data collection.--The Bureau shall--
       ``(A) collect information related to procurement benchmarks 
     developed under paragraph

[[Page H8758]]

     (1), including project specific information detailed under 
     paragraph (2); and
       ``(B) provide on a publicly accessible Internet Web site of 
     the Department a report on the information collected under 
     subparagraph (A).
       ``(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--
       ``(A) the purposes of the office are duplicative of the 
     purposes of the Bureau; and
       ``(B) the elimination of the office does not adversely 
     affect the obligations of the Secretary under any Federal 
     law.
       ``(2) Consolidation of offices and office functions.--The 
     Secretary may consolidate any office or office function 
     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.
       ``(C) Savings provision.--If the Secretary transfers a 
     position to the Bureau under subparagraph (B), the Secretary, 
     in coordination with the appropriate modal administration, 
     shall ensure that the transfer of the position does not 
     adversely affect the obligations of the modal administration 
     under any Federal law.
       ``(D) Budgetary resources.--
       ``(i) Transfer of funds from eliminated or consolidated 
     offices.--During the 2-year period beginning on the date of 
     enactment of this section, the Secretary may transfer to the 
     Bureau funds allocated to any office or office function that 
     is eliminated or consolidated under this subsection to carry 
     out the purposes of the Bureau.
       ``(ii) Transfer of funds allocated to administrative 
     costs.--During the 2-year period beginning on the date of 
     enactment of this section, the Secretary may transfer to the 
     Bureau funds allocated to the administrative costs of 
     processing applications for the programs referred to in 
     subsection (d)(1).
       ``(4) Notification.--Not later than 90 days after the date 
     of enactment of this section, and every 90 days thereafter, 
     the Secretary shall notify the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Commerce, Science, and Transportation of the Senate of--
       ``(A) the offices eliminated under paragraph (1) and the 
     rationale for elimination of the offices;
       ``(B) the offices and office functions consolidated under 
     paragraph (2) and the rationale for consolidation of the 
     offices and office functions;
       ``(C) the actions taken under paragraph (3) and the 
     rationale for taking such actions; and
       ``(D) any additional legislative actions that may be 
     needed.
       ``(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, or project approval or 
     implementation for the programs and projects subject to this 
     section.
       ``(3) Applicability.--Nothing in this section may be 
     construed to affect any pending application under 1 or more 
     of the programs referred to in subsection (d)(1) that was 
     received by the Secretary on or before the date of enactment 
     of 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) Eligible entity.--The term `eligible entity' means an 
     eligible applicant receiving financial or credit assistance 
     under 1 or more of the programs referred to in subsection 
     (d)(1).
       ``(4) Executive director.--The term `Executive Director' 
     means the Executive Director of the Bureau.
       ``(5) Multimodal project.--The term `multimodal project' 
     means a project involving the participation of more than 1 
     modal administration or secretarial office within the 
     Department.
       ``(6) 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 Deputy Secretary of Transportation.
       ``(B) The Under Secretary of Transportation for Policy.
       ``(C) The Chief Financial Officer and Assistant Secretary 
     for Budget and Programs.
       ``(D) The General Counsel of the Department of 
     Transportation.
       ``(E) The Assistant Secretary for Transportation Policy.
       ``(F) The Administrator of the Federal Highway 
     Administration.
       ``(G) The Administrator of the Federal Transit 
     Administration.
       ``(H) 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 Deputy Secretary of Transportation 
     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 subparagraphs (A), (B), and (C) 
     of section 116(d)(1);
       ``(2) review applications for assistance submitted under 
     the program referred to in section 116(d)(1)(D), as 
     determined appropriate by the Secretary;
       ``(3) make recommendations to the Secretary regarding the 
     selection of projects to receive assistance under such 
     programs;
       ``(4) review, on a regular basis, projects that received 
     assistance under such programs; and
       ``(5) 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, $7,700,000; and
       ``(ii) for fiscal year 2017 and each fiscal year 
     thereafter, the sum of--

       ``(I) the available amount for the preceding fiscal year; 
     and
       ``(II) the amount determined by multiplying--

       ``(aa) the available amount for the preceding fiscal year; 
     and
       ``(bb) the change, relative to the preceding fiscal year, 
     in the Consumer Price Index for All Urban Consumers published 
     by the Department of Labor.''; 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

[[Page H8759]]

       (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.

     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 $2,100,000 is available to ensure 
     compliance with chapter 43 of this title; and
       ``(ii) not more than $1,500,000 is available to conduct by 
     grant or contract 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''.

                             TITLE XI--RAIL

     SEC. 11001. SHORT TITLE.

       This title may be cited as the ``Passenger Rail Reform and 
     Investment Act of 2015''.

                       Subtitle A--Authorizations

     SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.

       (a) Northeast Corridor.--There are authorized to be 
     appropriated to the Secretary for the use of Amtrak for 
     activities associated with the Northeast Corridor the 
     following amounts:
       (1) For fiscal year 2016, $450,000,000.
       (2) For fiscal year 2017, $474,000,000.
       (3) For fiscal year 2018, $515,000,000.
       (4) For fiscal year 2019, $557,000,000.
       (5) For fiscal year 2020, $600,000,000.
       (b) National Network.--There are authorized to be 
     appropriated to the Secretary for the use of Amtrak for 
     activities associated with the National Network the following 
     amounts:
       (1) For fiscal year 2016, $1,000,000,000.
       (2) For fiscal year 2017, $1,026,000,000.
       (3) For fiscal year 2018, $1,085,000,000.
       (4) For fiscal year 2019, $1,143,000,000.
       (5) For fiscal year 2020, $1,200,000,000.
       (c) Project Management Oversight.--The Secretary may 
     withhold up to one half of 1 percent of the amount 
     appropriated under subsections (a) and (b) for the costs of 
     management oversight of Amtrak.
       (d) Gulf Coast Working Group.--Of the total amount made 
     available to the Office of the Secretary of Transportation 
     and the Federal Railroad Administration, for each of fiscal 
     years 2016 and 2017, $500,000 shall be used to convene the 
     Gulf Coast rail service working group established under 
     section 11304 of this Act and carry out its responsibilities 
     under such section.
       (e) Competition.--In administering grants to Amtrak under 
     section 24319 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 (b) of this section to 
     cover the operating subsidy described in section 
     24711(b)(1)(E)(ii) of title 49, United States Code.
       (f) State-supported Route Committee.--The Secretary may 
     withhold up to $2,000,000 from the amount appropriated in 
     each fiscal year under subsection (b) of this section for the 
     use of the State-Supported Route Committee established under 
     section 24712 of title 49, United States Code.
       (g) 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.
       (h) Northeast Corridor.--For purposes of this section, the 
     term ``Northeast Corridor'' means the Northeast Corridor main 
     line between Boston, Massachusetts, and the District of 
     Columbia, and facilities and services used to operate and 
     maintain that line.
       (i) Small Business Participation Study.--Of the total 
     amount made available to the Office of the Secretary of 
     Transportation and the Federal Railroad Administration, for 
     each of fiscal years 2016 and 2017, $1,500,000 shall be used 
     to implement the small business participation study 
     authorized under section 11310 of this Act.

     SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                   IMPROVEMENTS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary for grants under section 24407 of title 49, 
     United States Code, (as added by section 11301 of this Act), 
     the following amounts:
       (1) For fiscal year 2016, $98,000,000.
       (2) For fiscal year 2017, $190,000,000.
       (3) For fiscal year 2018, $230,000,000.
       (4) For fiscal year 2019, $255,000,000.
       (5) For fiscal year 2020, $330,000,000.
       (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 section 
     24407 of title 49, United States Code.

     SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 
                   REPAIR.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary for grants under section 24911 of title 49, 
     United States Code, (as added by section 11302 of this Act), 
     the following amounts:
       (1) For fiscal year 2016, $82,000,000.
       (2) For fiscal year 2017, $140,000,000.
       (3) For fiscal year 2018, $175,000,000.
       (4) For fiscal year 2019, $300,000,000.
       (5) For fiscal year 2020, $300,000,000.
       (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 section 
     24911 of title 49, United States Code.

     SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary for grants under section 24408 of title 49, 
     United States Code, (as added by section 11303 of this Act), 
     $20,000,000 for each of fiscal years 2016 through 2020.
       (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 section 
     24408 of title 49, United States Code.

     SEC. 11105. 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.
       (5) For fiscal year 2020, $22,000,000.

     SEC. 11106. DEFINITIONS.

       (a) Title 49 Amendments.--Section 24102 of title 49, United 
     States Code, is amended--
       (1) by redesignating paragraphs (5) through (9) as 
     paragraphs (7) through (11), respectively;
       (2) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) `long-distance route' means a route described in 
     subparagraph (C) of paragraph (7).
       ``(6) `National Network' includes long-distance routes and 
     State-supported routes.''; and
       (3) by adding at the end the following new paragraphs:
       ``(12) `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.
       ``(13) `State-supported route' means a route described in 
     subparagraph (B) or (D) of paragraph (7), or in section 
     24702, that is operated by Amtrak, excluding those trains 
     operated by Amtrak on the routes described in paragraph 
     (7)(A).''.
       (b) Conforming Amendments.--
       (1) Section 217 of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C.

[[Page H8760]]

     24702 note) is amended by striking ``24102(5)(D)'' and 
     inserting ``24102(7)(D)''.
       (2) Section 209(a) of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note) is amended by 
     striking ``24102(5)(B) and (D)'' and inserting ``24102(7)(B) 
     and (D)''.

                       Subtitle B--Amtrak Reforms

     SEC. 11201. ACCOUNTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24317. Accounts

       ``(a) Purpose.--The purpose of this section is to--
       ``(1) promote the effective use and stewardship by Amtrak 
     of Amtrak revenues, Federal, State, and third party 
     investments, appropriations, grants and other forms of 
     financial assistance, and other sources of funds; and
       ``(2) enhance the transparency of the assignment of 
     revenues and costs among Amtrak business lines while ensuring 
     the health of the Northeast Corridor and National Network.
       ``(b) Account Structure.--Not later than 180 days after the 
     date of enactment of the Passenger Rail Reform and Investment 
     Act of 2015, the Secretary of Transportation, in consultation 
     with Amtrak, shall define an account structure and 
     improvements to accounting methodologies, as necessary, to 
     support, at a minimum, the Northeast Corridor and the 
     National Network.
       ``(c) Financial Sources.--In defining the account structure 
     and improvements to accounting methodologies required under 
     subsection (b), the Secretary shall ensure, to the greatest 
     extent practicable, that Amtrak assigns the following:
       ``(1) For the Northeast Corridor account, all revenues, 
     appropriations, grants and other forms of financial 
     assistance, compensation, and other sources of funds 
     associated with the Northeast Corridor, including--
       ``(A) grant funds appropriated for the Northeast Corridor 
     pursuant to section 11101(a) of the Passenger Rail Reform and 
     Investment Act of 2015 or any subsequent Act;
       ``(B) compensation received from commuter rail passenger 
     transportation providers for such providers' share of capital 
     and operating costs on the Northeast Corridor provided to 
     Amtrak pursuant to section 24905(c); and
       ``(C) any operating surplus of the Northeast Corridor, as 
     allocated pursuant to section 24318.
       ``(2) For the National Network account, all revenues, 
     appropriations, grants and other forms of financial 
     assistance, compensation, and other sources of funds 
     associated with the National Network, including--
       ``(A) grant funds appropriated for the National Network 
     pursuant to section 11101(b) of the Passenger Rail Reform and 
     Investment Act of 2015 or any subsequent Act;
       ``(B) compensation received from States provided to Amtrak 
     pursuant to section 209 of the Passenger Rail Investment and 
     Improvement Act of 2008 (42 U.S.C. 24101 note); and
       ``(C) any operating surplus of the National Network, as 
     allocated pursuant to section 24318.
       ``(d) Financial Uses.--In defining the account structure 
     and improvements to accounting methodologies required under 
     subsection (b), the Secretary shall ensure, to the greatest 
     extent practicable, that amounts assigned to the Northeast 
     Corridor and National Network accounts shall be used by 
     Amtrak for the following:
       ``(1) For the Northeast Corridor, all associated costs, 
     including--
       ``(A) operating activities;
       ``(B) capital activities as described in section 
     24904(a)(2)(E);
       ``(C) acquiring, rehabilitating, manufacturing, 
     remanufacturing, overhauling, or improving equipment and 
     associated facilities used for intercity rail passenger 
     transportation by Northeast Corridor train services;
       ``(D) payment of principal and interest on loans for 
     capital projects described in this paragraph or for capital 
     leases attributable to the Northeast Corridor;
       ``(E) other capital projects on the Northeast Corridor, 
     determined appropriate by the Secretary, and consistent with 
     section 24905(c)(1)(A)(i); and
       ``(F) if applicable, capital projects described in section 
     24904(b).
       ``(2) For the National Network, all associated costs, 
     including--
       ``(A) operating activities;
       ``(B) capital activities; and
       ``(C) the payment of principal and interest on loans or 
     capital leases attributable to the National Network.
       ``(e) Implementation and Reporting.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015, Amtrak, in consultation with the Secretary, shall 
     implement any account structures and improvements defined 
     under subsection (b) so that Amtrak is able to produce profit 
     and loss statements for each of the business lines described 
     in section 24320(b)(1) and, as appropriate, each of the asset 
     categories described in section 24320(c)(1) that identify 
     sources and uses of--
       ``(A) revenues;
       ``(B) appropriations; and
       ``(C) transfers between business lines.
       ``(2) Updated profit and loss statements.--Not later than 1 
     month after the implementation under paragraph (1), and 
     monthly thereafter, Amtrak shall submit updated profit and 
     loss statements for each of the business lines and asset 
     categories to the Secretary.
       ``(f) Account Management.--For the purposes of account 
     management, Amtrak may transfer funds between the Northeast 
     Corridor account and National Network account without prior 
     notification and approval under subsection (g) if such 
     transfers--
       ``(1) do not materially impact Amtrak's ability to achieve 
     its anticipated financial, capital, and operating performance 
     goals for the fiscal year; and
       ``(2) would not materially change any grant agreement 
     entered into pursuant to section 24319(d), or other 
     agreements made pursuant to applicable Federal law.
       ``(g) Transfer Authority.--
       ``(1) In general.--If Amtrak determines that a transfer 
     between the accounts defined under subsection (b) does not 
     meet the account management standards established under 
     subsection (f), Amtrak may transfer funds between the 
     Northeast Corridor and National Network accounts if--
       ``(A) Amtrak notifies the Amtrak Board of Directors, 
     including the Secretary, at least 10 days prior to the 
     expected date of transfer; and
       ``(B) solely for a transfer that will materially change a 
     grant agreement, the Secretary approves.
       ``(2) Report.--Not later than 5 days after the Amtrak Board 
     of Directors receives notification from Amtrak under 
     paragraph (1)(A), the Board shall transmit to the Secretary, 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives, 
     and the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate, 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.--Not later than 5 days after the date 
     that Amtrak notifies the Amtrak Board of Directors of a 
     transfer under paragraph (1) to or from an account, Amtrak 
     shall transmit to the State-Supported Route Committee and 
     Northeast Corridor Commission a letter that includes the 
     information described under subparagraphs (A) and (B) of 
     paragraph (2).
       ``(h) Report.--Not later than 2 years after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015, Amtrak shall submit to the Secretary a report assessing 
     the account and reporting structure established under this 
     section and providing any recommendations for further action. 
     Not later than 180 days after the date of receipt of such 
     report, the Secretary shall provide an assessment that 
     supplements Amtrak's report and submit the Amtrak report with 
     the supplemental assessment to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
       ``(i) Definition of Northeast Corridor.--Notwithstanding 
     section 24102, for purposes of this section, the term 
     `Northeast Corridor' means the Northeast Corridor main line 
     between Boston, Massachusetts, and the District of Columbia, 
     and facilities and services used to operate and maintain that 
     line.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 243 is amended by adding at the end the following:

``24317. Accounts.''.

     SEC. 11202. AMTRAK GRANT PROCESS.

       (a) Requirements and Procedures.--Chapter 243 of title 49, 
     United States Code, is further amended by adding at the end 
     the following:

     ``Sec. 24318. Costs and revenues

       ``(a) Allocation.--Not later than 180 days after the date 
     of enactment of the Passenger Rail Reform and Investment Act 
     of 2015, Amtrak shall establish and maintain internal 
     controls to ensure Amtrak's costs, revenues, and other 
     compensation are appropriately allocated to the Northeast 
     Corridor, including train services or infrastructure, or the 
     National Network, including proportional shares of common and 
     fixed costs.
       ``(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).
       ``(c) Definition of Northeast Corridor.--Notwithstanding 
     section 24102, for purposes of this section, the term 
     `Northeast Corridor' means the Northeast Corridor main line 
     between Boston, Massachusetts, and the District of Columbia, 
     and facilities and services used to operate and maintain that 
     line.

     ``Sec. 24319. Grant process

       ``(a) Procedures for Grant Requests.--Not later than 90 
     days after the date of enactment of the Passenger Rail Reform 
     and Investment Act of 2015, 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 to the 
     Secretary grant requests for Federal funds appropriated to 
     the Secretary of Transportation for the use of Amtrak.
       ``(c) Contents.--A grant request under subsection (b) 
     shall, as applicable--
       ``(1) describe projected operating and capital costs for 
     the upcoming fiscal year for Northeast Corridor activities, 
     including train services and infrastructure, and National 
     Network activities, including State-supported routes and 
     long-distance routes, in comparison to prior fiscal year 
     actual financial performance;
       ``(2) describe the capital projects to be funded, with cost 
     estimates and an estimated timetable

[[Page H8761]]

     for completion of the projects covered by the request; and
       ``(3) assess Amtrak's financial condition.
       ``(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.
       ``(2) Fifteen-day modification period.--Not later than 15 
     days after the date of a 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 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 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.
       ``(h) Definition of Northeast Corridor.--Notwithstanding 
     section 24102, for purposes of this section, the term 
     `Northeast Corridor' means the Northeast Corridor main line 
     between Boston, Massachusetts, and the District of Columbia, 
     and facilities and services used to operate and maintain that 
     line.''.
       (b) Conforming Amendments.--The table of contents for 
     chapter 243 is further amended by adding at the end the 
     following:

``24318. Costs and revenues.
``24319. Grant process.''.
       (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 of 
     title 49, United States Code, and the item relating to that 
     section in the table of contents of chapter 241 are repealed.

     SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.

       (a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 
     243 of title 49, United States Code, 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 of 
     Transportation 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). Each plan shall cover a period 
     of 5 fiscal years, beginning with the first fiscal year after 
     the date on which the plan is completed.
       ``(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 funding needs 
     in excess of amounts authorized or otherwise available to 
     Amtrak in a fiscal year.
       ``(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 coordination 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 objectives, goals, and 
     service plan for the business line, in consultation with any 
     entities that are contributing capital or operating funding 
     to support passenger rail services within those business 
     lines, and aligned with Amtrak's Strategic Plan and 5-year 
     asset plans under subsection (c);
       ``(B) all projected revenues and expenditures for the 
     business line, including identification of revenues and 
     expenditures incurred by--
       ``(i) passenger operations;
       ``(ii) non-passenger operations that are directly related 
     to the business line; and
       ``(iii) governmental funding sources, including revenues 
     and other funding received from States;
       ``(C) projected ridership levels for all passenger 
     operations;
       ``(D) estimates of long-term and short-term debt and 
     associated principal and interest payments (both current and 
     forecasts);
       ``(E) annual profit and loss statements and forecasts and 
     balance sheets;
       ``(F) annual cash flow forecasts;
       ``(G) a statement describing the methodologies and 
     significant assumptions underlying estimates and forecasts;
       ``(H) specific performance measures that demonstrate year 
     over year changes in the results of Amtrak's operations;
       ``(I) financial performance for each route within each 
     business line, including descriptions of the cash operating 
     loss or contribution and 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) consult with the Secretary in the development of the 
     business line plans;
       ``(B) for the Northeast Corridor business line plan, 
     consult 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, 
     consult with the State-Supported Route Committee established 
     under section 24712;
       ``(D) for the long-distance route business line plan, 
     consult with any States or Interstate Compacts that provide 
     funding for such routes, as appropriate;
       ``(E) ensure that Amtrak's general and legislative annual 
     report, required under section 24315(b), to the President and 
     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) Definition of northeast corridor.--Notwithstanding 
     section 24102, for purposes of this section, the term 
     `Northeast Corridor' means the Northeast Corridor main line 
     between Boston, Massachusetts, and the District of Columbia, 
     and facilities and services used to operate and maintain that 
     line.
       ``(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 rail passenger 
     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

[[Page H8762]]

     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) consult 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, consult 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 rail passenger system;
       ``(ii) appropriate for allocation to 1 of the other Amtrak 
     business lines; and
       ``(iii) extraneous to providing an efficient national rail 
     passenger 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 rail passenger 
     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.
       ``(7) Exemption.--
       ``(A) In general.--Upon written request from the Amtrak 
     Board of Directors, the Secretary may exempt Amtrak from 
     including in a plan required under this subsection any 
     information described in paragraphs (1) and (2).
       ``(B) Public availability.--The Secretary shall make 
     available to the public on the Department's Internet Web site 
     any exemption granted under subparagraph (A) and a detailed 
     justification for granting such exemption.
       ``(C) Inclusion in plan.--Amtrak shall include in the plan 
     required under this subsection any request granted under 
     subparagraph (A) and justification under subparagraph (B).
       ``(d) Standards to Promote Financial Stability.--In 
     preparing plans under this section, Amtrak shall--
       ``(1) apply sound budgetary practices, including reducing 
     costs and other expenditures, improving productivity, 
     increasing revenues, or combinations of such practices; and
       ``(2) 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).''.
       (b) Effective Dates.--The requirement for Amtrak to submit 
     5-year business line plans under section 24320(a)(1) of title 
     49, United States Code, shall take effect on February 15, 
     2017, the due date of the first business line plans. The 
     requirement for Amtrak to submit 5-year asset plans under 
     section 24320(a)(1) of such title shall take effect on 
     February 15, 2019, the due date of the first asset plans.
       (c) Conforming Amendments.--The table of contents for 
     chapter 243 of title 49, United States Code, is 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.

     SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE.

       (a) Amendment.--Chapter 247 of title 49, United States 
     Code, 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 Passenger Rail Reform and Investment 
     Act of 2015, the Secretary of Transportation shall establish 
     the State-Supported Route Committee (referred to in this 
     section as the `Committee') to promote mutual cooperation and 
     planning pertaining to the rail operations of Amtrak and 
     related activities of trains operated by Amtrak on State-
     supported routes and to further implement section 209 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of--
       ``(i) members representing Amtrak;
       ``(ii) members representing the Department of 
     Transportation, including the Federal Railroad 
     Administration; and
       ``(iii) members representing States.
       ``(B) Non-voting members.--The Committee may invite and 
     accept other non-voting members to participate in Committee 
     activities, as appropriate.
       ``(3) Decisionmaking.--The Committee shall establish a bloc 
     voting system under which, at a minimum--
       ``(A) there are 3 separate voting blocs to represent the 
     Committee's voting members, including--
       ``(i) 1 voting bloc to represent the members described in 
     paragraph (2)(A)(i);
       ``(ii) 1 voting bloc to represent the members described in 
     paragraph (2)(A)(ii); and
       ``(iii) 1 voting bloc to represent the members described in 
     paragraph (2)(A)(iii);
       ``(B) each voting bloc has 1 vote;
       ``(C) the vote of the voting bloc representing the members 
     described in paragraph (2)(A)(iii) requires the support of at 
     least two-thirds of that voting bloc's members; and
       ``(D) the Committee makes decisions by unanimous consent of 
     the 3 voting blocs.
       ``(4) Meetings; rules and procedures.--The Committee shall 
     convene a meeting and shall define and implement the rules 
     and procedures governing the Committee's proceedings not 
     later than 180 days after the date of establishment of the 
     Committee by the Secretary. The rules and procedures shall--
       ``(A) incorporate and further describe the decisionmaking 
     procedures to be used in accordance with paragraph (3); and
       ``(B) be adopted in accordance with such decisionmaking 
     procedures.
       ``(5) Committee decisions.--Decisions made by the Committee 
     in accordance with the Committee's rules and procedures, once 
     established, are binding on all Committee members.
       ``(6) Cost allocation methodology.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Committee may amend the cost allocation methodology required 
     and previously approved under section 209 of the Passenger 
     Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note).
       ``(B) Procedures for changing methodology.--The rules and 
     procedures implemented under paragraph (4) shall include 
     procedures for changing the cost allocation methodology.
       ``(C) Requirements.--The cost allocation methodology 
     shall--
       ``(i) ensure equal treatment in the provision of like 
     services of all States and groups of States; and
       ``(ii) allocate to each route the costs incurred only for 
     the benefit of that route and a proportionate share, based 
     upon factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 route.
       ``(b) Invoices and Reports.--Not later than April 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 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 provide--
       ``(A) financial assistance to Amtrak or 1 or more States to 
     perform requested independent technical analysis of issues 
     before the Committee; and
       ``(B) administrative expenses that the Secretary determines 
     necessary.
       ``(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

[[Page H8763]]

     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 
     Passenger Rail Reform and Investment Act of 2015, 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 carriers on 
     State-supported routes.
       ``(h) Definition of State.--In this section, the term 
     `State' means any of the 50 States, including the District of 
     Columbia, that sponsor the operation of trains by Amtrak on a 
     State-supported route, or a public entity that sponsors such 
     operation on such a route.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     247 of title 49, United States Code, is amended by adding at 
     the end the following:

``24712. State-supported routes operated by Amtrak.''.
       (2) Passenger rail investment and improvement act.--Section 
     209 of the Passenger Rail Investment and Improvement Act of 
     2008 (49 U.S.C. 24101 note) is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.

     SEC. 11205. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.

       Section 24302 of title 49, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``9 directors'' and inserting ``10 
     directors'';
       (B) in subparagraph (B) by inserting ``, who shall serve as 
     a nonvoting member of the Board'' after ``Amtrak''; and
       (C) in subparagraph (C) by striking ``7'' and inserting 
     ``8''; and
       (2) in subsection (e), by inserting ``who are eligible to 
     vote'' after ``serving''.

     SEC. 11206. 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 Passenger Rail Reform and 
     Investment Act of 2015, 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 direct and indirect costs;
       ``(6) the views of States, 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 Passenger Rail Reform and Investment 
     Act of 2015, 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 the recommendations developed by the 
     independent entity under subsection (a).
       ``(d) Consideration of Recommendations.--Not later than 90 
     days after the date on which the recommendations are 
     transmitted under subsection (c), the Amtrak Board of 
     Directors 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. 11207. FOOD AND BEVERAGE REFORM.

       (a) Amendment.--Chapter 243 of title 49, United States 
     Code, is further amended by adding at the end the following 
     new section:

     ``Sec. 24321. Food and beverage reform

       ``(a) Plan.--Not later than 90 days after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015, Amtrak shall develop and begin implementing a plan to 
     eliminate, within 5 years of such date of enactment, the 
     operating loss associated with providing food and beverage 
     service on board Amtrak trains.
       ``(b) Considerations.--In developing and implementing the 
     plan, Amtrak shall consider a combination of cost management 
     and revenue generation initiatives, including--
       ``(1) scheduling optimization;
       ``(2) on-board 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 Passenger Rail Reform and Investment Act of 2015 is 
     involuntarily separated because of--
       ``(1) the development and implementation of the plan 
     required under subsection (a); or
       ``(2) any other action taken by Amtrak to implement this 
     section.
       ``(d) No Federal Funding for Operating Losses.--Beginning 
     on the date that is 5 years after the date of enactment of 
     the Passenger Rail Reform and Investment Act of 2015, 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 a rail carrier that operates a 
     route in lieu of Amtrak pursuant to section 24711.
       ``(e) Report.--Not later than 120 days after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015, and annually thereafter for 5 years, Amtrak 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 containing the plan developed pursuant to 
     subsection (a) and a description of progress in the 
     implementation of the plan.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 243 of title 49, United States Code, is further 
     amended by adding at the end the following new item:

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

     SEC. 11208. ROLLING STOCK PURCHASES.

       (a) Amendment.--Chapter 243 of title 49, United States 
     Code, is further amended by adding at the end the following 
     new section:

     ``Sec. 24322. 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 of Transportation, 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 funding request in its 
     general and legislative annual report required under section 
     24315(b) in a 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 or prohibiting Amtrak from entering into a contract 
     after submission of a business case analysis under subsection 
     (a).''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 243 of title 49, United States Code, is further 
     amended by adding at the end the following new item:

``24322. Rolling stock purchases.''.

     SEC. 11209. 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--
       (1) allow a State or States to nominate and select a local 
     food and beverage products supplier or suppliers or local 
     promotional event partner;
       (2) allow a State or States 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) provide 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.

[[Page H8764]]

       (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 
     enactment of this Act, 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 and include any plan for future action.
       (e) Rule of Construction.--Nothing in this section 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. 11210. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING 
                   DOMESTICATED CATS AND DOGS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, Amtrak shall develop a pilot program 
     that allows passengers to transport domesticated cats or dogs 
     on certain trains operated by Amtrak.
       (b) Pet Policy.--In developing the pilot program required 
     under subsection (a), Amtrak shall--
       (1) in the case of a passenger train that is comprised of 
     more than 1 car, designate, where feasible, at least 1 car in 
     which a ticketed passenger may transport a domesticated cat 
     or dog in the same manner as carry-on baggage if--
       (A) the cat or dog is contained in a pet kennel;
       (B) the pet kennel complies with Amtrak size requirements 
     for carriage of carry-on baggage;
       (C) the passenger is traveling on a train operating on a 
     route described in subparagraph (A), (B), or (D) of section 
     24102(7) 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 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(7) 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. 11211. 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.
       (3) Deadline.--Amtrak shall set a deadline for the 
     submission of proposals that is not later than 1 year after 
     the issuance of the Request for Proposals under paragraph 
     (1).
       (b) Consideration of Proposals.--Not later than 180 days 
     after the deadline for the receipt of proposals under 
     subsection (a), the Amtrak Board of Directors 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 1 year after 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 the Amtrak Board of Directors.
       (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. 11212. STATION DEVELOPMENT.

       (a) Report on Development Options.--Not later than 1 year 
     after the date of 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; and
       (D) 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 submitted under subsection (a), Amtrak 
     shall issue a Request for 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 (b), 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 is issued under 
     paragraph (1), the Amtrak Board of Directors 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 4 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 11310(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. 11213. AMTRAK BOARDING PROCEDURES.

       (a) Report.--Not later than 9 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 bicycles, at its 15 stations through 
     which the most people pass;
       (2) compares Amtrak's boarding procedures to--
       (A) boarding procedures of providers of commuter railroad 
     passenger transportation 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, 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), 
     the Amtrak Board of Directors shall consider each 
     recommendation provided under subsection (a)(3) for 
     implementation at appropriate locations across the Amtrak 
     system.

[[Page H8765]]

  


     SEC. 11214. 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 
     Reform Act of 1976 (45 U.S.C. 821 et seq.)'' after 
     ``Secretary''; and
       (7) by striking subsection (h).

     SEC. 11215. ELIMINATION OF DUPLICATIVE REPORTING.

       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 asset plans required by section 24320 
     of title 49, United States Code, or any other planning or 
     reporting requirements under Federal law or regulation;
       (2) if the duplicative requirements identified under 
     paragraph (1) are administrative, eliminate such 
     requirements; and
       (3) submit to Congress a report with any recommendations 
     for repealing any other duplicative requirements.

              Subtitle C--Intercity Passenger Rail Policy

     SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                   IMPROVEMENTS.

       (a) In General.--Chapter 244 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24407. 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.
       ``(5) A political subdivision of a State.
       ``(6) Amtrak or another rail carrier that provides 
     intercity 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) The Transportation Research Board and any entity with 
     which it contracts in the development of rail-related 
     research, including cooperative research programs.
       ``(10) A University transportation center engaged in rail-
     related research.
       ``(11) A non-profit labor organization representing a class 
     or craft of employees of rail carriers or rail 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(2), 
     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 capital project identified by the Secretary as 
     being necessary to reduce congestion and facilitate ridership 
     growth in intercity passenger rail transportation along 
     heavily traveled rail corridors.
       ``(5) A highway-rail grade crossing improvement project, 
     including installation, repair, or improvement of grade 
     separations, railroad crossing signals, gates, and related 
     technologies, highway traffic signalization, highway lighting 
     and crossing approach signage, roadway improvements such as 
     medians or other barriers, railroad crossing panels and 
     surfaces, and safety engineering improvements to reduce risk 
     in quiet zones or potential quiet zones.
       ``(6) A rail line relocation and improvement project.
       ``(7) A capital project to improve short-line or regional 
     railroad infrastructure.
       ``(8) The preparation of regional rail and corridor service 
     development plans and corresponding environmental analyses.
       ``(9) Any project that the Secretary considers necessary to 
     enhance multimodal connections or facilitate service 
     integration between rail service and other modes, including 
     between intercity rail passenger transportation and intercity 
     bus service or commercial air service.
       ``(10) The development and implementation of a safety 
     program or institute designed to improve rail safety.
       ``(11) Any research that the Secretary considers necessary 
     to advance any particular aspect of rail-related capital, 
     operations, or safety improvements.
       ``(12) Workforce development and training activities, 
     coordinated to the extent practicable with the existing local 
     training programs supported by the Department of 
     Transportation, the Department of Labor, and the 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 the 
     proposed project received under previous competitive grant 
     programs administered by the Secretary.
       ``(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, the ability to 
     meet existing or anticipated demand, and any other benefits.
       ``(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 Bureau of the Census.
       ``(h) Federal Share of Total Project Costs.--
       ``(1) Total project costs.--The Secretary shall estimate 
     the total costs of a project under this section based on the 
     best available information, including any available 
     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 section shall not exceed 80 percent.
       ``(3) Treatment of passenger rail revenue.--If Amtrak or 
     another rail carrier is an applicant under this section, 
     Amtrak or the other rail 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.
       ``(k) Limitation.--The requirements of sections 24402, 
     24403, and 24404 and the definition contained in 24401(1) 
     shall not apply to this section.
       ``(l) Special Transportation Circumstances.--
       ``(1) In general.--In carrying out this chapter, the 
     Secretary shall allocate an appropriate portion of the 
     amounts available to programs in this chapter to provide 
     grants to States--
       ``(A) 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
       ``(B) 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

[[Page H8766]]

     purpose of funding transportation-related capital projects.
       ``(2) Definition.--For the purposes of this subsection, the 
     term `appropriate portion' means a share, for each State 
     subject to paragraph (1), not less than the share of the 
     total railroad route miles in such State of the total 
     railroad route miles in the United States, excluding from all 
     totals the route miles exclusively used for tourist, scenic, 
     and excursion railroad operations.''.
       (b) Conforming Amendment.--The table of contents of chapter 
     244 of title 49, United States Code, is amended by adding 
     after the item relating to section 24406 the following:

``24407. Consolidated rail infrastructure and safety improvements.''.
       (c) Repeals.--
       (1) Sections 20154 and 20167 of chapter 201 of title 49, 
     United States Code, and the items relating to such sections 
     in the table of contents of such chapter, are repealed.
       (2) Section 24105 of chapter 241 of title 49, United States 
     Code, and the item relating to such section in the table of 
     contents of such chapter, is repealed.
       (3) Chapter 225 of title 49, United States Code, and the 
     item relating to such chapter in the table of contents of 
     subtitle V of such title, is repealed.
       (4) Section 22108 of chapter 221 of title 49, United States 
     Code, and the item relating to such section in the table of 
     contents of such chapter, are repealed.

     SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 
                   REPAIR.

       (a) Amendment.--Chapter 249 of title 49, United States 
     Code, is amended by inserting after section 24910 the 
     following:

     ``Sec. 24911. 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;
       ``(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 rail passenger 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) Intercity rail passenger transportation.--The term 
     `intercity rail passenger transportation' has the meaning 
     given the term in section 24102.
       ``(4) Northeast corridor.--The term `Northeast Corridor' 
     means--
       ``(A) the main rail line between Boston, Massachusetts and 
     the District of Columbia;
       ``(B) the branch rail lines connecting to Harrisburg, 
     Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, 
     New York; and
       ``(C) facilities and services used to operate and maintain 
     lines described in subparagraphs (A) and (B).
       ``(5) Qualified railroad asset.--The term `qualified 
     railroad asset' means infrastructure, equipment, or a 
     facility that--
       ``(A) is owned or controlled by an eligible applicant;
       ``(B) is contained in the planning document developed under 
     section 24904 and for which a cost-allocation policy has been 
     developed under section 24905(c), or is contained in an 
     equivalent planning document and for which a similar cost-
     allocation policy has been developed; and
       ``(C) was not in a state of good repair on the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015.
       ``(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 
     with respect to 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;
       ``(3) capital projects to ensure that service can be 
     maintained while existing assets are brought to a state of 
     good repair; and
       ``(4) capital projects to bring existing assets into 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 for which--
       ``(A) Amtrak is not the sole applicant;
       ``(B) applications were submitted jointly by multiple 
     applicants; and
       ``(C) 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) 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).
       ``(f) 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 section shall not exceed 80 percent.
       ``(3) Treatment of amtrak revenue.--If Amtrak is an 
     applicant under this section, Amtrak may use ticket and other 
     revenues generated from its operations and other sources to 
     satisfy the non-Federal share requirements.
       ``(g) Letters of Intent.--
       ``(1) In general.--The Secretary shall, to the maximum 
     extent practicable, 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 for 
     grants under this section and subject 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;
       ``(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.
       ``(h) Availability.--Amounts appropriated for carrying out 
     this section shall remain available until expended.
       ``(i) 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 grant conditions 
     under section 24405.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 249 is amended by inserting after the item relating 
     to section 24910 the following:

``24911. Federal-State partnership for state of good repair.''.

     SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.

       (a) In General.--Chapter 244 of title 49, United States 
     Code, is further amended by adding at the end the following:

     ``Sec. 24408. Restoration and enhancement grants

       ``(a) Applicant Defined.--Notwithstanding section 24401(1), 
     in this section, the term `applicant' means--
       ``(1) a State, including the District of Columbia;
       ``(2) a group of States;
       ``(3) an Interstate Compact;
       ``(4) a public agency or publicly chartered authority 
     established by 1 or more States;
       ``(5) a political subdivision of a State;
       ``(6) Amtrak or another rail carrier that provides 
     intercity rail passenger transportation;

[[Page H8767]]

       ``(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 operating 
     assistance grants to applicants, on a competitive basis, for 
     the purpose of initiating, restoring, or enhancing intercity 
     rail passenger transportation.
       ``(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 intercity rail passenger transportation; 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 railroad 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 described in section 
     11304 of the Passenger Rail Reform and Investment Act of 
     2015;
       ``(3) that would provide daily or daytime service over 
     routes where such service did not previously exist;
       ``(4) that include funding (including funding from 
     railroads), or other significant participation by State, 
     local, and regional governmental and private entities;
       ``(5) that include a funding plan that demonstrates the 
     intercity rail passenger service will be financially 
     sustainable beyond the 3-year grant period;
       ``(6) that would provide service to regions and communities 
     that are underserved or not served by other intercity public 
     transportation;
       ``(7) that would foster economic development, particularly 
     in rural communities and for disadvantaged populations;
       ``(8) that would provide other non-transportation benefits; 
     and
       ``(9) that would enhance connectivity and geographic 
     coverage of the existing national network of intercity rail 
     passenger 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 Federal 
     grants awarded 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 carrier other than Amtrak, 
     Amtrak may be required consistent with 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 a grant 
     recipient under this section to enter into a grant agreement 
     that requires such recipient 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 considers 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.--The Secretary shall require each 
     recipient of a grant under this section to comply with the 
     grant requirements of section 24405.
       ``(j) Report.--Not later than 4 years after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015, the Secretary, after consultation with grant recipients 
     under this section, shall submit to Congress a report 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.--
       (1) Chapter 244.--Chapter 244 of title 49, United States 
     Code, is further amended--
       (A) in the table of contents by adding at the end the 
     following:

``24408. Restoration and enhancement grants.'';
       (B) in the chapter heading by striking ``INTERCITY 
     PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE'' and 
     inserting ``RAIL IMPROVEMENT GRANTS'';
       (C) in section 24402 by striking subsection (j); and
       (D) in section 24405--
       (i) in subsection (b)(2) by striking ``(43'' and inserting 
     ``(45'';
       (ii) in subsection (c)(2)(B) by striking ``protective 
     arrangements established'' and inserting ``protective 
     arrangements that are equivalent to the protective 
     arrangements established'';
       (iii) 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''; and
       (iv) in subsection (f) by striking ``under this chapter for 
     commuter rail passenger transportation, as defined in section 
     24102(4) of this title.'' and inserting ``under this chapter 
     for commuter rail passenger transportation (as defined in 
     section 24102(3)).''; and
       (2) Table of chapters amendment.--The item relating to 
     chapter 244 in the table of chapters of subtitle V of title 
     49, United States Code, is amended by striking ``Intercity 
     passenger rail service corridor capital assistance'' and 
     inserting ``Rail improvement grants''.

     SEC. 11304. 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) railroad carriers whose tracks may be used for such 
     service; and
       (7) other entities determined appropriate by the Secretary, 
     which may include other railroad carriers 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;

[[Page H8768]]

       (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.
       (e) Funding.--From funds made available under section 
     11101(d), the Secretary shall provide--
       (1) financial assistance to the working group to perform 
     requested independent technical analysis of issues before the 
     working group; and
       (2) administrative expenses that the Secretary determines 
     necessary.

     SEC. 11305. NORTHEAST CORRIDOR COMMISSION.

       (a) Composition.--Section 24905(a) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A) by inserting 
     ``, infrastructure investments,'' after ``rail operations'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(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) of title 49, United States Code, 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 investment plan 
     described in section 24904.''.
       (c) Cost Allocation Policy.--Section 24905(c) of title 49, 
     United States Code, 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 subparagraphs (B) through (D) and inserting 
     the following:
       ``(B) develop a proposed timetable for implementing the 
     policy;
       ``(C) submit the policy and the 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, 
     petition the Surface Transportation Board to appoint a 
     mediator to assist the Commission members through nonbinding 
     mediation to reach an agreement under this section.'';
       (3) in paragraph (2)--
       (A) by striking ``formula proposed in'' and inserting 
     ``policy developed under''; and
       (B) in the second sentence--
       (i) by striking ``the timetable, the Commission shall 
     petition the Surface Transportation Board to'' and inserting 
     ``paragraph (1)(D) or fail to comply with the policy 
     thereafter, the Surface Transportation Board shall''; and
       (ii) by striking ``amounts for such services in accordance 
     with section 24904(c) of this title'' and inserting ``for 
     such usage in accordance with the procedures and procedural 
     schedule applicable to a proceeding under section 24903(c), 
     after taking into consideration the policy developed under 
     paragraph (1)(A), as applicable'';
       (4) in paragraph (3), by striking ``formula'' and inserting 
     ``policy''; and
       (5) by adding at the end the following:
       ``(4) Request for dispute resolution.--If a dispute arises 
     with the implementation of, or compliance with, the policy 
     developed under paragraph (1), the Commission, Amtrak, or 
     public authorities providing commuter rail passenger 
     transportation on the Northeast Corridor may request that the 
     Surface Transportation Board conduct dispute resolution. The 
     Surface Transportation Board shall establish procedures for 
     resolution of disputes brought before it under this 
     paragraph, which may include the provision of professional 
     mediation services.''.
       (d) Conforming Amendments.--
       (1) Title 49.--Section 24905 of title 49, United States 
     Code, is amended--
       (A) in the section heading by striking ``infrastructure and 
     operations advisory'';
       (B) in subsection (a)--
       (i) in the heading by striking ``Infrastructure and 
     Operations Advisory''; and
       (ii) by striking ``Infrastructure and Operations 
     Advisory'';
       (C) by striking subsection (d);
       (D) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively;
       (E) in subsection (d), as so redesignated--
       (i) by striking ``to the Commission'' and inserting ``to 
     the Secretary for the use of the Commission and the Northeast 
     Corridor Safety Committee''; and
       (ii) by striking ``for the period encompassing fiscal years 
     2009 through 2013 to carry out this section'' and inserting 
     ``to carry out this section during fiscal years 2016 through 
     2020, in addition to any amounts withheld under section 
     11101(g) of the Passenger Rail Reform and Investment Act of 
     2015''; and
       (F) in subsection (e)(2), as so 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.''.
       (2) Table of contents.--The table of contents for chapter 
     249 of title 49, United States Code, is amended by striking 
     the item relating to section 24905 and inserting the 
     following:

``24905. Northeast Corridor Commission.''.

     SEC. 11306. NORTHEAST CORRIDOR PLANNING.

       (a) Amendment.--Chapter 249 of title 49, United States 
     Code, is amended--
       (1) by redesignating section 24904 as section 24903; and
       (2) by inserting after section 24903, as so 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; 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) Federal and non-Federal 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) and implement 
     each capital project.
       ``(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 Northeast Corridor account established under section 
     24317(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) or (v) of this section that are for the sole 
     benefit of Amtrak.

[[Page H8769]]

       ``(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) is consistent with the Federal Transit Administration 
     process, as authorized under section 5326, when implemented; 
     and
       ``(B) includes, 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 Passenger Rail Reform and Investment Act of 2015, a 
     Northeast Corridor asset management plan developed under 
     paragraph (1); and
       ``(B) at least biennially thereafter, an update to such 
     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.
       ``(e) Definition of Northeast Corridor.--In this section, 
     the term `Northeast Corridor' means the main line between 
     Boston, Massachusetts, and 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.''.
       (b) Conforming Amendments.--
       (1) Note and mortgage.--Section 24907(a) of title 49, 
     United States Code, is amended by striking ``section 24904 of 
     this title'' and inserting ``section 24903''.
       (2) Table of contents.--The table of contents for chapter 
     249 of title 49, United States Code, is amended--
       (A) by redesignating the item relating to section 24904 as 
     relating to section 24903; and
       (B) by inserting after the item relating to section 24903, 
     as so redesignated, the following:

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

     SEC. 11307. COMPETITION.

       (a) Competitive Passenger Rail Service Pilot Program.--
     Section 24711 of title 49, United States Code, is amended to 
     read as follows:

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

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of the Passenger Rail Reform and Investment Act 
     of 2015, the Secretary of Transportation shall promulgate a 
     rule to implement a pilot program for competitive selection 
     of eligible petitioners described in subsection (b)(3) in 
     lieu of Amtrak to operate not more than 3 long-distance 
     routes (as defined in section 24102) operated by Amtrak on 
     the date of enactment of such Act.
       ``(b) Pilot Program Requirements.--
       ``(1) In general.--The pilot program shall--
       ``(A) allow a petitioner described in paragraph (3) to 
     petition the Secretary to provide intercity rail passenger 
     transportation over a long-distance route described in 
     subsection (a) for an operation 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 1 additional operation period of 4 years;
       ``(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;
       ``(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; and
       ``(iii) upon selecting a winning bid, publish in the 
     Federal Register the identity of the winning bidder, the long 
     distance route that the bidder will operate, a detailed 
     justification of the reasons why the Secretary selected the 
     bid, and any other information the Secretary determines 
     appropriate for public comment for a reasonable period of 
     time not to exceed 30 days after the date on which the 
     Secretary selects the bid;
       ``(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 with any appropriate redactions 
     for confidential or proprietary information;
       ``(D) for a route that receives funding from a State or 
     States, require that for each bid received from a petitioner 
     described in paragraph (3), other than such State or States, 
     the Secretary have the concurrence of the State or States 
     that provide funding for that route; and
       ``(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 (4) and (5), the right and 
     obligation to provide intercity rail passenger transportation 
     over that route subject to such performance standards as the 
     Secretary may require; and
       ``(ii) an operating subsidy, as determined by the 
     Secretary, for--

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

       ``(2) Limitation.--The requirements under paragraph (1)(E), 
     including the amounts of operating subsidies in the first and 
     any subsequent years under paragraph (1)(E)(ii), shall not 
     apply to a winning bidder that is or includes Amtrak.
       ``(3) 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, or another rail carrier that has a written agreement 
     with a rail carrier or rail carriers that own such 
     infrastructure.
       ``(B) 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.
       ``(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 and a rail carrier with a written agreement 
     with another 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.
       ``(4) Performance standards.--The performance standards 
     required under paragraph (1)(E)(i) shall meet or exceed the 
     performance required of or achieved by Amtrak on the 
     applicable route during the last fiscal year.
       ``(5) Agreement governing access issues.--Unless the 
     winning bidder already has applicable access rights or 
     agreements in place or includes a rail carrier that owns the 
     infrastructure used in the operation of the route, a winning 
     bidder that is not or does not include Amtrak 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 intercity rail 
     passenger transportation over a route described in this 
     section to an eligible petitioner--
       ``(1) the Secretary shall, if necessary to carry out the 
     purposes of this section, require Amtrak to provide access to 
     the Amtrak-owned reservation system, stations, and facilities 
     directly related to operations of the awarded routes to the 
     eligible petitioner awarded a contract under this section, in 
     accordance with subsection (g);
       ``(2) an employee of any person, except as provided in a 
     collective bargaining agreement, used by such eligible 
     petitioner in the operation of a route under this section 
     shall be considered an employee of that eligible petitioner 
     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 an eligible petitioner 
     awarded a route under this section ceases to operate the 
     service or fails to fulfill an obligation under a contract 
     required under subsection (b)(1)(E), the Secretary, in 
     collaboration with the Surface Transportation Board, 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 carrier;
       ``(2) providing to the interim rail carrier under paragraph 
     (1) an operating subsidy necessary to provide service; and
       ``(3) rebidding the contract to operate the intercity 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 11101(e) of the Passenger Rail Reform and Investment 
     Act of 2015, or any subsequent appropriation for the same 
     purpose, necessary to cover the operating subsidy described 
     in subsection (b)(1)(E)(ii).
       ``(2) Attributable costs.--If the Secretary selects a 
     winning bidder that is not or does not include Amtrak, the 
     Secretary shall provide to Amtrak an appropriate portion of 
     the appropriations under section 11101(b) of the Passenger 
     Rail Reform and Investment Act of 2015, 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

[[Page H8770]]

     under this paragraph shall not be deducted from or have any 
     effect on the operating subsidy described in subsection 
     (b)(1)(E)(ii).
       ``(f) Reporting.--If the Secretary does not promulgate the 
     final rule before the deadline under subsection (a), the 
     Secretary shall, not later than 19 months after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015 and every 90 days thereafter until the rule is complete, 
     notify the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives in writing--
       ``(1) the reasons why the rule has not been issued;
       ``(2) a plan for completing the rule as soon as reasonably 
     practicable; and
       ``(3) the estimated date of completion of the rule.
       ``(g) Disputes.--
       ``(1) Petitioning surface transportation board.--If Amtrak 
     and the eligible petitioner awarded a route under this 
     section cannot agree upon terms to carry out subsection 
     (c)(1), either party may petition the Surface Transportation 
     Board for a determination as to--
       ``(A) whether access to Amtrak's facility or equipment, or 
     the provisions of services by Amtrak, is necessary under 
     subsection (c)(1); and
       ``(B) whether the operation of Amtrak's other services will 
     not be unreasonably impaired by such access.
       ``(2) Surface transportation board determination.--If the 
     Surface Transportation Board determines access to Amtrak's 
     facilities or equipment, or the provision of services by 
     Amtrak, is necessary under paragraph (1)(A) and the operation 
     of Amtrak's other services will not be unreasonably impaired 
     under paragraph (1)(B), the Board shall issue an order that--
       ``(A) requires Amtrak to provide the applicable facilities, 
     equipment, and services; and
       ``(B) determines reasonable compensation, liability, and 
     other terms for the use of the facilities and equipment and 
     the 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.
       ``(j) Savings Clause.--Nothing in this section shall affect 
     Amtrak's access rights to railroad rights-of-way and 
     facilities.''.
       (b) Conforming Amendment.--The table of contents for 
     section 24711 of title 49, United States Code, is amended to 
     read as follows:

``24711. Competitive passenger rail service pilot program.''.
       (c) 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 of the pilot program 
     to date and any recommendations for further action.

     SEC. 11308. 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 a high-speed 
     passenger rail system operating within a high-speed rail 
     corridor, 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 
     the 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 a national high-speed 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 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 filled in the same manner in 
     which the original appointment was made.
       (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;

[[Page H8771]]

       (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) Adequate Resources.--Before taking any action 
     authorized under this section the Secretary shall certify to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that the Secretary has 
     sufficient resources that are adequate to undertake the 
     program established under this section.
       (h) Definitions.--In this section:
       (1) Intercity passenger rail.--The term ``intercity 
     passenger rail'' has the meaning given the term 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. 11309. LARGE CAPITAL PROJECT REQUIREMENTS.

       Section 24402 of title 49, United States Code, is amended 
     by inserting after subsection (i) the following:
       ``(j) 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 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; 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. 11310. 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 rail passenger 
     transportation projects.
       (b) Report.--Not later than 2 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. 11311. 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 passenger transportation authorities, 
     other railroad carriers, 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 
     of title 49, United States Code, the State-Supported Route 
     Committee established under section 24712 of such title, 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) the strengths and weaknesses of 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) allow for transparent decisionmaking; and
       (B) protect the proprietary interests of all parties;
       (6) liability requirements and arrangements, including--
       (A) whether to expand statutory liability limits to 
     additional parties;

[[Page H8772]]

       (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 alternative insurance models, 
     including other models administered by the Federal 
     Government;
       (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, as 
     appropriate, the recommendations submitted under subsection 
     (c) into the 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).

     SEC. 11312. 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 Secretary, 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.
       (4) Review.--Not later than 180 days after receipt of the 
     report under paragraph (3), the Secretary shall review the 
     report and recommend best practices in developing through 
     ticketing for other areas outside of the Northeast Corridor. 
     The Secretary shall transmit the best practices to the State-
     Supported Route Committee established under section 24712 of 
     title 49, United States Code.
       (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 joint procurements.
       (2) Contents.--In completing the study under paragraph (1), 
     the Secretary shall consider--
       (A) the types of materials, assets, and equipment that are 
     regularly purchased by Amtrak and such authorities that are 
     similar and could be jointly procured;
       (B) the potential benefits of such joint procurements, 
     including lower procurement costs, better pricing, greater 
     market relevancy, and other efficiencies;
       (C) the potential costs of such joint procurements;
       (D) any significant impediments to undertaking joint 
     procurements, including any necessary harmonization and 
     reconciliation of Federal and State procurement or safety 
     regulations or standards and other requirements; and
       (E) whether to create Federal incentives or requirements 
     relating to considering or carrying out joint procurements 
     when expending Federal funds.
       (3) Transmission.--Not later than 60 days after completing 
     the study required under this subsection, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that includes--
       (A) the results of the study; and
       (B) any recommendations for further action.
       (c) Northeast Corridor.--In this section, the term 
     ``Northeast Corridor'' means the Northeast Corridor main line 
     between Boston, Massachusetts, and the 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. 11313. 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 to--
       (1) support the development of an efficient and effective 
     intercity passenger rail network;
       (2) identify the data needed to conduct cost-effective 
     modeling and analysis for intercity passenger rail 
     development programs;
       (3) determine limitations to the data used for inputs;
       (4) develop a strategy to address such limitations;
       (5) identify barriers to accessing existing data;
       (6) develop recommendations regarding whether the 
     authorization of additional data collection for intercity 
     passenger rail travel is warranted; and
       (7) determine which entities should 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 by--
       (1) providing ongoing guidance and training on developing 
     benefit and cost information for rail projects;
       (2) providing more direct and consistent requirements for 
     assessing benefits and costs across transportation funding 
     programs, including the appropriate use of discount rates;
       (3) 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) 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 all 
     sensitive and confidential information 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. 11314. 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 such 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 subsection (a) 
     shall be effective only with respect to a fiscal year for 
     which Amtrak receives a Federal subsidy.

     SEC. 11315. MISCELLANEOUS PROVISIONS.

       (a) Title 49 Amendments.--
       (1) Authority.--Section 22702(b)(4) of title 49, United 
     States Code, is amended by striking ``5 years for reapproval 
     by the Secretary'' and inserting ``4 years for acceptance by 
     the Secretary''.
       (2) Contents of state rail plans.--Section 22705(a) of 
     title 49, United States Code, is amended by striking 
     paragraph (12).
       (b) Passenger Rail Investment and Improvement Act 
     Amendments.--Section 305 of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note) is amended--
       (1) in subsection (a) by inserting after ``equipment 
     manufacturers,'' the following: ``nonprofit organizations 
     representing employees who perform overhaul and maintenance 
     of passenger railroad equipment,'';
       (2) in subsection (c) by striking ``, and may establish a 
     corporation, which may be owned or jointly-owned by Amtrak, 
     participating States, or other entities, to perform these 
     functions''; and
       (3) in subsection (e) by striking ``and establishing a 
     jointly-owned corporation to manage that equipment''.
       (c) Certain Projects.--A project described in 1307(a)(3) of 
     SAFETEA-LU (Public Law 109-59) may be eligible for the 
     Railroad Rehabilitation and Improvement Financing program if 
     the Secretary determines such project meets the requirements 
     of sections 502 and 503 of the Railroad

[[Page H8773]]

     Revitalization and Regulatory Reform Act of 1976.
       (d) Clarification.--
       (1) Amendment.--Section 20157(g) of title 49, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4) Clarification.--
       ``(A) Prohibitions.--The Secretary is prohibited from--
       ``(i) approving or disapproving a revised plan submitted 
     under subsection (a)(1);
       ``(ii) considering a revised plan under subsection (a)(1) 
     as a request for amendment under section 236.1021 of title 
     49, Code of Federal Regulations; or
       ``(iii) requiring the submission, as part of the revised 
     plan under subsection (a)(1), of--

       ``(I) only a schedule and sequence under subsection 
     (a)(2)(A)(iii)(VII); or
       ``(II) both a schedule and sequence under subsection 
     (a)(2)(A)(iii)(VII) and an alternative schedule and sequence 
     under subsection (a)(2)(B).

       ``(B) Civil penalty authority.--Except as provided in 
     paragraph (2) and this paragraph, nothing in this subsection 
     shall be construed to limit the Secretary's authority to 
     assess civil penalties pursuant to subsection (e), consistent 
     with the requirements of this section.
       ``(C) Retained review authority.--The Secretary retains the 
     authority to review revised plans submitted under subsection 
     (a)(1) and is authorized to require modifications of those 
     plans to the extent necessary to ensure that such plans 
     include the descriptions under subsection (a)(2)(A)(i), the 
     contents under subsection (a)(2)(A)(ii), and the year or 
     years, totals, and summary under subsection (a)(2)(A)(iii)(I) 
     through (VI).''.
       (2) Conforming amendment.--Section 20157(g)(3) of title 49, 
     United States Code, is amended by striking ``by paragraph (2) 
     and subsection (k)'' and inserting ``to conform with this 
     section''.

     SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Assistance to Families of Passengers Involved in Rail 
     Passenger Accidents.--Section 1139 of title 49, United States 
     Code, 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 of title 49, United States Code, is 
     amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``Clean Railroad Act of 2008'' and inserting 
     ``Clean Railroads Act of 2008''; and
       (2) in subsection (e), by striking ``Upon the granting of 
     petition from the State'' and inserting ``Upon the granting 
     of a petition from the State''.
       (c) Rulemaking Process.--Section 20116 of title 49, United 
     States Code, 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)'' after ``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) of title 49, 
     United States Code, 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 
     of title 49, United States Code, 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 of title 49, United States Code, is 
     amended by striking ``the Secretary'' and inserting ``the 
     Secretary of Transportation''.
       (g) National Crossing Inventory.--Section 20160 of title 
     49, United States Code, 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) of title 49, United States Code, 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) of title 49, United States Code, 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.--The heading of 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''.
       (k) Contingent Interest Recoveries.--Section 22106(b) of 
     title 49, United States Code, is amended by striking 
     ``interest thereof'' and inserting ``interest thereon''.
       (l) Mission.--Section 24101(b) of title 49, United States 
     Code, is amended by striking ``of subsection (d)'' and 
     inserting ``set forth in subsection (c)''.
       (m) Table of Contents Amendment.--The table of contents for 
     chapter 243 of title 49, United States Code, 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.''.
       (n) Amtrak.--Chapter 247 of title 49, United States Code, 
     is amended--
       (1) in section 24706--
       (A) 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
       (B) in subsection (b) by striking ``section 24704 or''; and
       (2) in section 24709 by striking ``The Secretary of the 
     Treasury and the Attorney General,'' and inserting ``The 
     Secretary of Homeland Security,''.
       (o) Rail Cooperative Research Program.--Section 24910(b) of 
     title 49, United States Code, is amended--
       (1) in paragraph (12) by striking ``and'' at the end;
       (2) in paragraph (13) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) to improve overall safety of intercity passenger and 
     freight rail operations.''.

[[Page H8774]]

       (p) Secretarial Oversight.--Section 24403 of title 49, 
     United States Code, is amended by striking subsection (b).

                           Subtitle D--Safety

     SEC. 11401. 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 Administrator of the Federal 
     Railroad Administration shall develop a model of a State-
     specific highway-rail grade crossing action plan and 
     distribute the 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 a list of highway-rail grade crossings in that 
     State that have experienced multiple accidents or incidents 
     over the past 3 years; 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 
     Administrator develops and distributes the model plan under 
     subsection (a), the Administrator 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 identified under section 202 of the Rail 
     Safety Improvement Act of 2008 (49 U.S.C. 22501 note) to--
       (i) update the State action plan under such section; and
       (ii) submit to the Administrator--

       (I) the updated State action plan; and
       (II) a report describing what the State did to implement 
     its previous State action plan under such section and how the 
     State 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 multiple highway-rail grade crossing accidents 
     or incidents, or are at high-risk for accidents or incidents;
       (B) identify specific strategies for improving safety at 
     highway-rail grade crossings, including highway-rail grade 
     crossing closures or grade separations; and
       (C) designate a State official responsible for managing 
     implementation of the State action plan under subparagraph 
     (A) or (B) of paragraph (1), as applicable.
       (3) Assistance.--The Administrator shall provide assistance 
     to each State in developing and carrying out, as appropriate, 
     the State action plan under this subsection.
       (4) Public availability.--Each State shall submit a final 
     State plan under this subsection to the Administrator for 
     publication. The Administrator 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 
     action plan under this subsection.
       (6) Review of action plans.--Not later than 60 days after 
     the date of receipt of a State action plan under this 
     subsection, the Administrator shall--
       (A) if the State action plan is approved, notify the State 
     and publish the State action plan under paragraph (4); and
       (B) if the State action 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 Administrator 
     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) Report.--Not later than the date that is 3 years after 
     the Administrator publishes the final rule under subsection 
     (b)(1), 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 report on--
       (1) the specific strategies identified by States to improve 
     safety at highway-rail grade crossings, including crossings 
     with multiple accidents or incidents; and
       (2) the progress each State described under subsection 
     (b)(1)(B) has made in implementing its action plan.
       (d) 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) or to update a State action plan under 
     subsection (b)(1)(B).
       (e) 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. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.

       (a) In General.--The Secretary, in consultation with 
     railroad carriers, shall conduct a study to--
       (1) determine whether limitations or weaknesses exist 
     regarding the availability and usefulness for safety purposes 
     of data on private highway-rail grade crossings; and
       (2) 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 3 years 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. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-RAIL 
                   GRADE CROSSINGS.

       (a) Study.--The Comptroller General of the United States 
     shall submit a report to Congress containing the results of a 
     study evaluating the final rule issued on August 17, 2006, 
     entitled ``Use of Locomotive Horns at Highway-Rail Grade 
     Crossings'' (71 Fed. Reg. 47614), including--
       (1) the effectiveness of such final rule;
       (2) the benefits and costs of establishing quiet zones; and
       (3) any barriers to establishing quiet zones.
       (b) Savings Clause.--Nothing in this section shall be 
     construed to limit or preclude any planned retrospective 
     review by the Secretary of the final rule described in 
     subsection (a).

     SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS 
                   EFFECTIVENESS 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--
       (1) conduct a study of the possible effectiveness of 
     positive train control and related technologies on reducing 
     collisions at highway-rail grade crossings; and
       (2) 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.

     SEC. 11405. 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 condition.--
       ``(A) In general.--A State or political subdivision of a 
     State may file a request with the Secretary for a public 
     version of a bridge inspection report generated under 
     subsection (b)(5) for a bridge located in such State or 
     political subdivision's jurisdiction.
       ``(B) Public version of report.--If the Secretary 
     determines that the request is reasonable, the Secretary 
     shall require a railroad to submit a public version of the 
     most recent bridge inspection report, such as a summary form, 
     for a bridge subject to a request under subparagraph (A). The 
     public version of a bridge inspection report shall include 
     the date of last inspection, length of bridge, location of 
     bridge, type of bridge, type of structure, feature crossed by 
     bridge, and railroad contact information, along with a 
     general statement on the condition of the bridge.
       ``(C) Provision of report.--The Secretary shall provide to 
     a State or political subdivision of a State a public version 
     of a bridge inspection report submitted under subparagraph 
     (B).
       ``(D) Technical assistance.--The Secretary, upon the 
     reasonable request of State or political subdivision of a 
     State, shall provide technical

[[Page H8775]]

     assistance to such State or political subdivision of a State 
     to facilitate the understanding of a bridge inspection 
     report.''.

     SEC. 11406. 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, bridge, or tunnel and the maximum authorized operating 
     speed for passenger trains at that curve, bridge, or tunnel.
       (b) Action Plans.--Not later than 120 days after the date 
     that the survey under subsection (a) is complete, a railroad 
     carrier described in subsection (a) 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, bridge, or tunnel and the maximum 
     authorized operating speed for passenger trains at that 
     curve, bridge, or tunnel;
       (2) describes appropriate actions to enable warning and 
     enforcement of the maximum authorized speed for passenger 
     trains at each location identified under paragraph (1), 
     including--
       (A) modification to automatic train control systems, if 
     applicable, or other signal systems;
       (B) increased crew size;
       (C) installation of signage alerting train crews of the 
     maximum authorized speed for passenger trains in each 
     location identified under paragraph (1);
       (D) installation of alerters;
       (E) increased crew communication; and
       (F) other practices;
       (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 on 
     which an action plan is submitted under subsection (b), 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 
     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 that describes--
       (1) the actions 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 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. 11407. 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. 11408. SIGNAL PROTECTION.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall initiate a 
     rulemaking to require that on-track safety regulations, 
     whenever practicable and consistent with other safety 
     requirements and operational considerations, include 
     requiring implementation of redundant signal protection for 
     maintenance-of-way work crews who depend on a train 
     dispatcher to provide signal protection.
       (b) Alternative Safety Measures.--The Secretary shall 
     consider exempting from any final 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. 11409. 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 is required for other 
     commuter railroad lines.
       (b) Rulemaking.--Considering safety, including railroad 
     carrier employee and contractor safety, system capacity, and 
     other relevant factors, 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 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 not 
     revising the regulations.
       (d) Construction.--Nothing in this section may be construed 
     to limit the authority of the Secretary to promulgate 
     regulations or issue orders under any other law.

     SEC. 11410. POST-ACCIDENT ASSESSMENT.

       (a) In General.--The Secretary, in cooperation with the 
     National Transportation Safety Board and 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; and
       (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 enactment of this Act, Amtrak 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 describes--
       (1) Amtrak's plan to achieve the recommendations referred 
     to in subsection (b)(4); and
       (2) any steps that have been taken to address any 
     deficiencies identified through the assessment.

     SEC. 11411. RECORDING DEVICES.

       (a) In General.--Subchapter II of chapter 201 of title 49, 
     United States Code, is amended by adding at the end 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 Passenger Rail Reform and Investment Act of 
     2015, the Secretary of Transportation shall promulgate 
     regulations to require each railroad 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 or incident investigation.
       ``(c) Review.--The Secretary shall establish a process to 
     review and approve or disapprove an inward- or outward-facing 
     image recording device for compliance with the standards 
     described in subsection (b).
       ``(d) Uses.--A railroad carrier subject to the requirements 
     of subsection (a) 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

[[Page H8776]]

     railroad carrier's operating rules and procedures, including 
     a system-wide program for such verification.
       ``(2) Assisting in an investigation into the causation of a 
     reportable accident or incident.
       ``(3) Documenting a criminal act or monitoring unauthorized 
     occupancy of the controlling locomotive cab or car operating 
     compartment.
       ``(4) Other purposes that the Secretary considers 
     appropriate.
       ``(e) 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 railroad 
     carrier subject to the requirements of subsection (a) or any 
     part of the carrier's operations from the requirements under 
     subsection (a) if the Secretary determines that the carrier 
     has implemented an alternative technology or practice that 
     provides an equivalent or greater safety benefit or that is 
     better suited to the risks of the operation.
       ``(f) Tampering.--A railroad carrier subject to the 
     requirements of subsection (a) 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 railroad 
     carrier.
       ``(g) Preservation of Data.--Each railroad 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.
       ``(h) 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 or incident investigated by the 
     Secretary. The Secretary may make public any part of a 
     transcript or any written depiction of visual information 
     that the Secretary determines is relevant to the accident at 
     the time a majority of the other factual reports on the 
     accident or incident are released to the public.
       ``(i) Prohibited Use.--An in-cab audio or image recording 
     obtained by a railroad carrier under this section may not be 
     used to retaliate against an employee.
       ``(j) Savings Clause.--Nothing in this section may be 
     construed as requiring a railroad carrier to cease or 
     restrict operations upon a technical failure of an inward- or 
     outward-facing image recording device or in-cab audio device. 
     Such railroad 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 of title 49, United States Code, 
     is amended by adding at the end the following:

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

     SEC. 11412. RAILROAD POLICE OFFICERS.

       (a) In General.--Section 28101 of title 49, United States 
     Code, 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 may 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 State 
     training requirements related to criminal law, criminal 
     procedure, motor vehicle code, any other State law, 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) of title 49, 
     United States Code, 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) Exceptions.--Section 922(z)(2)(B) of title 18, United 
     States Code, is amended by striking ``employed by'' and 
     inserting ``directly employed by or contracted by''.

     SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK 
                   INSPECTION EQUIPMENT.

       (a) In General.--Subchapter I of chapter 201 of title 49, 
     United States Code, is amended by adding at the end 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 of title 49, United States Code, 
     is amended by adding at the end the following:

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

     SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION.

       (a) Report.--Not later than 9 months after the date of 
     enactment of this Act, 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 detailing research 
     conducted or procured by the Federal Railroad Administration 
     on developing a system that measures vertical track 
     deflection (in this section referred to as ``VTD'') from a 
     moving rail car, including the ability of such system to 
     identify poor track support from fouled ballast, deteriorated 
     cross ties, or other conditions.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) the findings and results of testing of VTD 
     instrumentation during field trials on revenue service track;
       (2) the findings and results of subsequent testing of VTD 
     instrumentation on a Federal Railroad Administration 
     automated track inspection program geometry car;
       (3) if considered appropriate by the Secretary based on the 
     report and related research, a plan for developing 
     quantitative inspection criteria for poor track support using 
     existing VTD instrumentation on Federal Railroad 
     Administration automated track inspection program geometry 
     cars; and
       (4) if considered appropriate by the Secretary based on the 
     report and related research, a plan for installing VTD 
     instrumentation on all remaining Federal Railroad 
     Administration automated track inspection program geometry 
     cars not later than 3 years after the date of enactment of 
     this Act.

     SEC. 11415. RAIL PASSENGER LIABILITY.

       (a) Amtrak Incident.--Notwithstanding any other provision 
     of law, the aggregate allowable awards to all rail 
     passengers, against all defendants, for all claims, including 
     claims for punitive damages, arising from a single accident 
     or incident involving Amtrak occurring on May 12, 2015, shall 
     not exceed $295,000,000.
       (b) Adjustment Based on Consumer Price Index.--The 
     liability cap under section 28103(a)(2) of title 49, United 
     States Code, shall be adjusted on the date of enactment of 
     this Act to reflect the change in the Consumer Price Index-
     All Urban Consumers between such date and December 2, 1997, 
     and the Secretary shall provide appropriate public notice of 
     such adjustment. The adjustment of the liability cap shall be 
     effective 30 days after such notice. Every fifth year after 
     the date of enactment of this Act, the Secretary shall adjust 
     such liability cap to reflect the change in the Consumer 
     Price Index-All Urban Consumers since the last adjustment. 
     The Secretary shall provide appropriate public notice of each 
     such adjustment, and the adjustment shall become effective 30 
     days after such notice.

                      Subtitle E--Project Delivery

     SEC. 11501. SHORT TITLE.

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

     SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT 
                   UNDER PRESERVATION REQUIREMENTS.

       (a) Title 23 Amendment.--Section 138 of title 23, United 
     States Code, is further amended 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 (a), regardless of whether the railroad or 
     rail transit line or element thereof is listed on, or

[[Page H8777]]

     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, is further amended--
       (1) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``subsection (d)'' and inserting 
     ``subsections (d) and (h)''; and
       (2) by adding at the end the following:
       ``(h) 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. 11503. EFFICIENT ENVIRONMENTAL REVIEWS.

       (a) Amendment.--Title 49, United States Code, is amended by 
     inserting after chapter 241 the following new chapter:

                    ``CHAPTER 242--PROJECT DELIVERY

``Sec.
``24201. Efficient environmental reviews.

     ``Sec. 24201. Efficient environmental reviews

       ``(a) 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 to any 
     railroad project that requires the approval of the Secretary 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(2) Regulations and procedures.--In carrying out 
     paragraph (1), the Secretary shall incorporate into agency 
     regulations and procedures pertaining to railroad projects 
     described in paragraph (1) aspects of such project 
     development procedures, or portions thereof, determined 
     appropriate by the Secretary in a manner consistent with this 
     section, that increase the efficiency of the review of 
     railroad projects.
       ``(3) Discretion.--The Secretary may choose not to 
     incorporate into agency regulations and procedures pertaining 
     to railroad projects described in paragraph (1) such project 
     development procedures that could only feasibly apply to 
     highway projects, public transportation capital projects, and 
     multimodal projects.
       ``(4) Applicability.--Subsection (l) of section 139 of 
     title 23 shall apply to railroad projects described in 
     paragraph (1), except that the limitation on claims of 150 
     days shall be 2 years.
       ``(b) Additional Categorical Exclusions.--Not later than 6 
     months after the date of enactment of the Passenger Rail 
     Reform and Investment Act of 2015, the Secretary shall--
       ``(1) survey the use by the Federal Railroad Administration 
     of categorical exclusions in transportation projects since 
     2005; and
       ``(2) publish in the Federal Register for notice and public 
     comment a review of the survey that includes a description 
     of--
       ``(A) the types of actions categorically excluded; and
       ``(B) any actions the Secretary is considering for new 
     categorical exclusions, including those that would conform to 
     those of other modal administrations.
       ``(c) New Categorical Exclusions.--Not later than 1 year 
     after the date of enactment of the Passenger Rail Reform and 
     Investment Act of 2015, the Secretary shall publish a notice 
     of proposed rulemaking to propose new and existing 
     categorical exclusions for railroad projects that require the 
     approval of the Secretary under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those 
     identified under subsection (b), and develop a process for 
     considering new categorical exclusions to the extent that the 
     categorical exclusions meet the criteria for a categorical 
     exclusion under section 1508.4 of title 40, Code of Federal 
     Regulations.
       ``(d) Transparency.--The Secretary shall maintain and make 
     publicly available, including on the Internet, a database 
     that identifies project-specific information on the use of a 
     categorical exclusion on any railroad project carried out 
     under this title.
       ``(e) Protections for Existing Agreements and NEPA.--
     Nothing in subtitle E of the Passenger Rail Reform and 
     Investment Act of 2015, or any amendment made by such 
     subtitle, shall affect any existing environmental review 
     process, program, agreement, or funding arrangement approved 
     by the Secretary under title 49, as that title was in effect 
     on the day preceding the date of enactment of such 
     subtitle.''.
       (b) Savings Clause.--Except as expressly provided in 
     section 41003(f) and subsection (o) of section 139 of title 
     23, United States Code, the requirements and other provisions 
     of title 41 of this Act shall not apply to--
       (1) programs administered now and in the future by the 
     Department of Transportation or its operating administrations 
     under title 23, 46, or 49, United States Code, including 
     direct loan and loan guarantee programs, or other Federal 
     statutes or programs or projects administered by an agency 
     pursuant to their authority under title 49, United States 
     Code; or
       (2) any project subject to section 2045 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2348).
       (c) Table of Chapters Amendment.--The table of chapters of 
     subtitle V of title 49, United States Code, is amended by 
     inserting after the item relating to chapter 241 the 
     following:

``242. Project delivery....................................24201''.....

     SEC. 11504. RAILROAD RIGHTS-OF-WAY.

       (a) Amendment.--Chapter 242 of title 49, United States 
     Code, (as added by this Act) is amended by adding at the end 
     the following:

     ``Sec. 24202. Railroad rights-of-way

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Passenger Rail Reform and Investment Act of 
     2015, the Secretary shall submit a proposed exemption of 
     railroad rights-of-way from the review under section 306108 
     of title 54 to the Advisory Council on Historic Preservation 
     for consideration, consistent with the exemption for 
     interstate highways approved on March 10, 2005 (70 Fed. Reg. 
     11,928).
       ``(b) Final Exemption.--Not later than 180 days after the 
     date on which the Secretary submits the proposed exemption 
     under subsection (a) to the Council, the Council shall issue 
     a final exemption of railroad rights-of-way from review under 
     chapter 3061 of title 54 consistent with the exemption for 
     interstate highways approved on March 10, 2005 (70 Fed. Reg. 
     11,928).''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 242 of title 49, United States Code, (as added by 
     this Act) is amended by adding at the end the following:

``24202. Railroad rights-of-way.''.

                         Subtitle F--Financing

     SEC. 11601. 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 (45 U.S.C. 
     801 et seq.).

     SEC. 11602. 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 terms of the direct loan or loan 
     guarantee provided by the Secretary.''.

     SEC. 11603. ELIGIBLE APPLICANTS.

       Section 502(a) (45 U.S.C. 822(a)) is amended--
       (1) in paragraph (5), by striking ``one railroad'' 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 railroad, 
     limited option freight shippers that own or operate a plant 
     or other facility.''.

     SEC. 11604. ELIGIBLE PURPOSES.

       (a) In General.--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);'';

[[Page H8778]]

       (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 
     activities described in subparagraph (A) or (C); or
       ``(E) finance economic development, including commercial 
     and residential development, and related infrastructure and 
     activities, that--
       ``(i) incorporates private investment;
       ``(ii) is physically or functionally related to a passenger 
     rail station or multimodal station that includes rail 
     service;
       ``(iii) has a high probability of the applicant commencing 
     the contracting process for construction not later than 90 
     days after the date on which the direct loan or loan 
     guarantee is obligated for the project under this title; and
       ``(iv) has a high probability of reducing the need for 
     financial assistance under any other Federal program for the 
     relevant passenger rail station or service by increasing 
     ridership, tenant lease payments, or other activities that 
     generate revenue exceeding costs.''.
       (b) Required Non-Federal Match for Transit-oriented 
     Development Projects.--Section 502(h) (45 U.S.C. 822(h)) is 
     amended by adding at the end the following:
       ``(4) The Secretary shall require each recipient of a 
     direct loan or loan guarantee under this section for a 
     project described in subsection (b)(1)(E) to provide a non-
     Federal match of not less than 25 percent of the total amount 
     expended by the recipient for such project.''.
       (c) Sunset.--Section 502(b) (45 U.S.C. 822(b)) is amended 
     by adding at the end the following:
       ``(3) Sunset.--The Secretary may provide a direct loan or 
     loan guarantee under this section for a project described in 
     paragraph (1)(E) only during the 4-year period beginning on 
     the date of enactment of the Passenger Rail Reform and 
     Investment Act of 2015.''.

     SEC. 11605. 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, or additional information and material 
     under paragraph (2)(B), 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, including any information required 
     by an independent financial analyst; and
       ``(B) allow the applicant to resubmit the application with 
     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 an 
     application for a direct loan or loan guarantee under this 
     title.
       ``(5) Dashboard.--The Secretary shall post on the 
     Department of Transportation's Internet Web site a monthly 
     report that includes, for each application--
       ``(A) the applicant type;
       ``(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, a 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 so 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 striking subsection (l), as so redesignated, and 
     inserting the following:
       ``(l) Charges and Loan Servicing.--
       ``(1) Purposes.--The Secretary may collect 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 title.
       ``(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 title.
       ``(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. 11606. 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 following: ``the 
     lesser of--
       ``(A) 35 years after the date of substantial completion of 
     the project; or
       ``(B) 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 obligor is unable to pay the 
     scheduled loan repayments of principal and interest on a 
     direct loan provided under this section, 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.--With respect to a direct 
     loan provided by the Secretary under this section, 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) is 
     further amended by adding at the end the following:
       ``(l) Nonsubordination.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     direct loan provided by the Secretary under this section 
     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.

[[Page H8779]]

       ``(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. 11607. CREDIT RISK PREMIUMS.

       (a) Infrastructure Partners.--Section 502(f) (45 U.S.C. 
     822(f)) is amended--
       (1) in paragraph (1) by striking the first sentence and 
     inserting the following: ``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 shall 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''.
       (b) Savings Clause.--All provisions under sections 502 
     through 504 of the Railroad Revitalization and Regulatory 
     Reform Act of 1976 (45 U.S.C. 801 et seq.) as they existed on 
     the day before enactment of this Act shall apply to direct 
     loans provided by the Secretary prior to the date of 
     enactment of this Act, and nothing in this title may be 
     construed to limit the payback of a credit risk premium, with 
     interest accrued thereon, if a direct loan provided by the 
     Secretary under such sections has been paid back in full, 
     prior to the date of enactment of this Act.

     SEC. 11608. MASTER CREDIT AGREEMENTS.

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

     SEC. 11609. 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 moving paragraph (3) to appear before paragraph (2), 
     and redesignating those paragraphs accordingly;
       (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)(2) (45 U.S.C. 
     822(h)(2)) is amended by inserting ``, if applicable'' after 
     ``project''.

     SEC. 11610. SAVINGS PROVISIONS.

       (a) In General.--Except as provided in subsection (b) and 
     section 11607(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 11607 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.

     SEC. 11611. REPORT ON LEVERAGING RRIF.

       (a) In General.--Not later than 180 days 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 that analyzes how the Railroad Rehabilitation 
     and Improvement Financing Program can be used to improve 
     passenger rail infrastructure.
       (b) Report Contents.--The report required under subsection 
     (a) shall include--
       (1) illustrative examples of projects that could be 
     financed under such Program;
       (2) potential repayment sources for such projects, 
     including tax-increment financing, user fees, tolls, and 
     other dedicated revenue sources; and
       (3) estimated costs and benefits of using the Program 
     relative to other options, including a comparison of the 
     length of time such projects would likely be completed 
     without Federal credit assistance.

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

                    TITLE XXIV--MOTOR VEHICLE SAFETY

                       Subtitle A--Vehicle Safety

     SEC. 24101. 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.
       (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.
       (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. 24102. 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

[[Page H8780]]

     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. 24103. 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. 24104. 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) of 
     title 49, United States Code, 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. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO 
                   CONSUMERS OF MOTOR VEHICLE RECALL STATUS.

       (a) In General.--Not later than October 1, 2016, the 
     Secretary shall implement a 2-year pilot program to evaluate 
     the feasibility and effectiveness of a State process for 
     informing consumers of open motor vehicle recalls at the time 
     of motor vehicle registration in the State.
       (b) Grants.--To carry out this program, the Secretary may 
     make a grant to each eligible State, but not more than 6 
     eligible States in total, that agrees to comply with the 
     requirements under subsection (c). Funds made available to a 
     State under this section shall be used by the State for the 
     pilot program described in subsection (a).
       (c) Eligibility.--To be eligible for a grant, a State 
     shall--
       (1) submit an application in such form and manner as the 
     Secretary prescribes;
       (2) agree to notify, at the time of registration, each 
     owner or lessee of a motor vehicle presented for registration 
     in the State of any open recall on that vehicle;
       (3) provide the open motor vehicle recall information at no 
     cost to each owner or lessee of a motor vehicle presented for 
     registration in the State; and
       (4) provide such other information as the Secretary may 
     require.
       (d) Awards.--In selecting an applicant for an award under 
     this section, the Secretary shall consider the State's 
     methodology for determining open recalls on a motor vehicle, 
     for informing consumers of the open recalls, and for 
     determining performance.
       (e) Performance Period.--Each grant awarded under this 
     section shall require a 2-year performance period.
       (f) Report.--Not later than 90 days after the completion of 
     the performance period under subsection (e), a grantee shall 
     provide to the Secretary a report of performance 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. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.

       Section 30120A of title 49, United States Code, is amended 
     by striking ``chapter 11 of title 11,'' and inserting 
     ``chapter 7 or chapter 11 of title 11''.

     SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.

       Section 30120(f) of title 49, United States Code, is 
     amended--
       (1) by inserting ``(1) in general. 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. 24108. 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. 24109. 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) of title 49, United 
     States Code, is amended--

[[Page H8781]]

       (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 35 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 35 
     or more covered rental vehicles, on average, during the 
     calendar year.''.
       (c) Remedies for Defects and Noncompliance.--Section 
     30120(i) of title 49, United States Code, 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) of title 49, United States Code, is amended 
     by inserting ``rental company,'' after ``dealer,'' each place 
     such term appears.
       (e) Inspections, Investigations, and Records.--Section 
     30166 of title 49, United States Code, 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) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subparagraphs (A) through (E) and (G) of 
     subsection (b)(2)'';
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (C) by striking ``Report. Not later'' and inserting the 
     following:
       ``(c) Reports.--
       ``(1) Initial report.--Not later''; and
       (D) by adding at the end the following:
       ``(2) Safety recall remedy report.--Not later than 1 year 
     after the date of the enactment of the `Raechel and 
     Jacqueline Houck Safe Rental Car Act of 2015', the Secretary 
     shall submit a report to the congressional committees set 
     forth in paragraph (1) that contains--
       ``(A) the findings of the study conducted pursuant to 
     subsection (b)(2)(F); and
       ``(B) any recommendations for legislation that the 
     Secretary determines to be appropriate.''.
       (h) Public Comments.--The Secretary shall solicit comments 
     regarding the implementation of this section from members of 
     the public, including rental companies, consumer 
     organizations, automobile manufacturers, and automobile 
     dealers.
       (i) Rule of Construction.--Nothing in this section or the 
     amendments made by this section--
       (1) may be construed to create or increase any liability, 
     including for loss of use, for a manufacturer as a result of 
     having manufactured or imported a motor vehicle subject to a 
     notification of defect or noncompliance under subsection (b) 
     or (c) of section 30118 of title 49, United States Code; or
       (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. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF 
                   MOTOR VEHICLE SAFETY.

       (a) Increase in Civil Penalties.--Section 30165(a) of title 
     49, United States Code, 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. 24111. ELECTRONIC ODOMETER DISCLOSURES.

       Section 32705(g) of title 49, United States Code, 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. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

       Section 30166(o) of title 49, United States Code, 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. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.

       (a) Recall Notification Report.--Not later than 1 year 
     after the date of enactment of this

[[Page H8782]]

     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. 24114. 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. 24115. 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--
       (1) 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 such updated standards cannot be 
     overridden, reset, or recalibrated in such a way that the 
     system will no longer detect when the inflation pressure in 
     one or more of the vehicle's tires has fallen to or below a 
     significantly underinflated pressure level; and
       (2) does not contain any provision that has the effect of 
     prohibiting the availability of direct or indirect tire 
     pressure monitoring systems that meet the requirements of the 
     standards updated pursuant to paragraph (1).
       (b) Final Rule.--Not later than 2 years after the date of 
     enactment of this Act, after providing the public with 
     sufficient opportunity for notice and comment on the proposed 
     rule published pursuant to subsection (a), the Secretary 
     shall issue a final rule based on the proposed rule described 
     in subsection (a) that--
       (1) allows a manufacturer to install a tire pressure 
     monitoring system that can be reset or recalibrated to 
     accommodate--
       (A) the repositioning of tire sensor locations on vehicles 
     with split inflation pressure recommendations;
       (B) tire rotation; or
       (C) replacement tires or wheels of a different size than 
     the original equipment tires or wheels; and
       (2) to address the accommodations described in 
     subparagraphs (A), (B), and (C) of paragraph (1), ensures 
     that a tire pressure monitoring system that is reset or 
     recalibrated according to the manufacturer's instructions 
     would illuminate the low tire pressure warning telltale when 
     a tire is significantly underinflated until the tire is no 
     longer significantly underinflated.
       (c) Significantly Underinflated Pressure Level Defined.--In 
     this section, the term ``significantly underinflated pressure 
     level'' means a pressure level that is--
       (1) below the level at which the low tire pressure warning 
     telltale must illuminate, 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 
     or successor regulation or ruling (as determined by the 
     Secretary); and
       (2) in the case of a replacement wheel or tire, below the 
     recommended cold inflation pressure of the wheel or tire 
     manufacturer.

     SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN 
                   RECALL.

       Section 30119 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(g) Information Regarding Components Involved in 
     Recall.--A manufacturer that is required to furnish a report 
     under section 573.6 of title 49, Code of Federal Regulations 
     (or any successor regulation) for a defect or noncompliance 
     in a motor vehicle or in an item of original or replacement 
     equipment shall, if such defect or noncompliance involves a 
     specific component or components, include in such report, 
     with respect to such component or components, the following 
     information:
       ``(1) The name of the component or components.
       ``(2) A description of the component or components.
       ``(3) The part number of the component or components, if 
     any.''.

      Subtitle B--Research And Development And Vehicle Electronics

     SEC. 24201. 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. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.

       (a) Title 49 Amendment.--Section 30182(b) of title 49, 
     United States Code, 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 C--Miscellaneous Provisions

                   PART I--DRIVER PRIVACY ACT OF 2015

     SEC. 24301. SHORT TITLE.

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

     SEC. 24302. 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. 24303. VEHICLE EVENT DATA RECORDER STUDY.

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

         PART II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

     SEC. 24321. SHORT TITLE.

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

     SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.

       Section 32302 of title 49, United States Code, 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. 24331. SHORT TITLE.

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

     SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE 
                   STANDARDS.

       Section 32304A of title 49, United States Code, is 
     amended--

[[Page H8783]]

       (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. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.

       Paragraph (3) of section 30117(b) of title 49, United 
     States Code, is amended to read as follows:
       ``(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;
       ``(ii) information identifying the tire that was purchased 
     or leased; and
       ``(iii) 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), (ii), and (iii) 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. 24334. TIRE IDENTIFICATION STUDY AND REPORT.

       (a) Study.--The Secretary shall conduct a study to examine 
     the feasibility of requiring all manufacturers of tires 
     subject to section 30117(b) of title 49, United States Code, 
     to--
       (1) include electronic identification on every tire that 
     reflects all of the information currently required in the 
     tire identification number; and
       (2) ensure that the same type and format of electronic 
     information technology is used on all tires.
       (b) Report.--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 the results of the study required 
     by paragraph (1).

     SEC. 24335. 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.

                   PART IV--ALTERNATIVE FUEL VEHICLES

     SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES.

       The Administrator of the Environmental Protection Agency 
     shall revise the regulations issued in sections 600.510-
     12(c)(2)(vi) and 600.510-12(c)(2) (vii)(A) of title 40, Code 
     of Federal Regulations, to replace references to the year 
     ``2019'' with the year ``2016''.

             PART V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

     SEC. 24351. SHORT TITLE.

       This part may be cited as the ``Motor Vehicle Safety 
     Whistleblower Act''.

     SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND 
                   PROTECTIONS.

       (a) In General.--Subchapter IV of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30172. Whistleblower incentives and protections

       ``(a) Definitions.--In this section:
       ``(1) Covered action.--The term `covered action' means any 
     administrative or judicial action, including any related 
     administrative or judicial action, brought by the Secretary 
     or the Attorney General under this chapter that in the 
     aggregate results in monetary sanctions exceeding $1,000,000.
       ``(2) Monetary sanctions.--The term `monetary sanctions' 
     means monies, including penalties and interest, ordered or 
     agreed to be paid.
       ``(3) Original information.--The term `original 
     information' means information that--
       ``(A) is derived from the independent knowledge or analysis 
     of an individual;
       ``(B) is not known to the Secretary from any other source, 
     unless the individual is the original source of the 
     information; and
       ``(C) is not exclusively derived from an allegation made in 
     a judicial or an administrative action, in a governmental 
     report, a hearing, an audit, or an investigation, or from the 
     news media, unless the individual is a source of the 
     information.
       ``(4) Part supplier.--The term `part supplier' means a 
     manufacturer of motor vehicle equipment.
       ``(5) Successful resolution.--The term `successful 
     resolution', with respect to a covered action, includes any 
     settlement or adjudication of the covered action.
       ``(6) Whistleblower.--The term `whistleblower' means any 
     employee or contractor of a motor vehicle manufacturer, part 
     supplier, or dealership who voluntarily provides to the 
     Secretary original information relating to any motor vehicle 
     defect, noncompliance, or any violation or alleged violation 
     of any notification or reporting requirement of this chapter, 
     which is likely to cause unreasonable risk of death or 
     serious physical injury.
       ``(b) Awards.--
       ``(1) In general.--If the original information that a 
     whistleblower provided to the Secretary leads to the 
     successful resolution of a covered action, the Secretary, 
     subject to subsection (c), may pay an award or awards to one 
     or more whistleblowers in an aggregate amount of--
       ``(A) not less than 10 percent, in total, of collected 
     monetary sanctions; and
       ``(B) not more than 30 percent, in total, of collected 
     monetary sanctions.
       ``(2) Payment of awards.--Any amount payable under 
     paragraph (1) shall be paid from the monetary sanctions 
     collected, and any monetary sanctions so collected shall be 
     available for such payment.
       ``(c) Determination of Awards; Denial of Awards.--
       ``(1) Determination of awards.--
       ``(A) Discretion.--The determination of whether, to whom, 
     or in what amount to make an award shall be in the discretion 
     of the Secretary subject to the provisions in subsection 
     (b)(1).
       ``(B) Criteria.--In determining an award made under 
     subsection (b), the Secretary shall take into consideration--
       ``(i) if appropriate, whether a whistleblower reported or 
     attempted to report the information internally to an 
     applicable motor vehicle manufacturer, part supplier, or 
     dealership;

[[Page H8784]]

       ``(ii) the significance of the original information 
     provided by the whistleblower to the successful resolution of 
     the covered action;
       ``(iii) the degree of assistance provided by the 
     whistleblower and any legal representative of the 
     whistleblower in the covered action; and
       ``(iv) such additional factors as the Secretary considers 
     relevant.
       ``(2) Denial of awards.--No award under subsection (b) 
     shall be made--
       ``(A) to any whistleblower who is convicted of a criminal 
     violation related to the covered action for which the 
     whistleblower otherwise could receive an award under this 
     section;
       ``(B) to any whistleblower who, acting without direction 
     from an applicable motor vehicle manufacturer, part supplier, 
     or dealership, or agent thereof, deliberately causes or 
     substantially contributes to the alleged violation of a 
     requirement of this chapter;
       ``(C) to any whistleblower who submits information to the 
     Secretary that is based on the facts underlying the covered 
     action submitted previously by another whistleblower;
       ``(D) to any whistleblower who fails to provide the 
     original information to the Secretary in such form as the 
     Secretary may require by regulation; or
       ``(E) if the applicable motor vehicle manufacturer, parts 
     supplier, or dealership has an internal reporting mechanism 
     in place to protect employees from retaliation, to any 
     whistleblower who fails to report or attempt to report the 
     information internally through such mechanism, unless--
       ``(i) the whistleblower reasonably believed that such an 
     internal report would have resulted in retaliation, 
     notwithstanding section 30171(a);
       ``(ii) the whistleblower reasonably believed that the 
     information--

       ``(I) was already internally reported;
       ``(II) was already subject to or part of an internal 
     inquiry or investigation; or
       ``(III) was otherwise already known to the motor vehicle 
     manufacturer, part supplier, or dealership; or

       ``(iii) the Secretary has good cause to waive this 
     requirement.
       ``(d) Representation.--A whistleblower may be represented 
     by counsel.
       ``(e) No Contract Necessary.--No contract with the 
     Secretary is necessary for any whistleblower to receive an 
     award under subsection (b).
       ``(f) Protection of Whistleblowers; Confidentiality.--
       ``(1) In general.--Notwithstanding section 30167, and 
     except as provided in paragraphs (4) and (5) of this 
     subsection, the Secretary, and any officer or employee of the 
     Department of Transportation, shall not disclose any 
     information, including information provided by a 
     whistleblower to the Secretary, which could reasonably be 
     expected to reveal the identity of a whistleblower, except in 
     accordance with the provisions of section 552a of title 5, 
     unless--
       ``(A) required to be disclosed to a defendant or respondent 
     in connection with a public proceeding instituted by the 
     Secretary or any entity described in paragraph (5);
       ``(B) the whistleblower provides prior written consent for 
     the information to be disclosed; or
       ``(C) the Secretary, or other officer or employee of the 
     Department of Transportation, receives the information 
     through another source, such as during an inspection or 
     investigation under section 30166, and has authority under 
     other law to release the information.
       ``(2) Redaction.--The Secretary, and any officer or 
     employee of the Department of Transportation, shall take 
     reasonable measures to not reveal the identity of the 
     whistleblower when disclosing any information under paragraph 
     (1).
       ``(3) Section 552(b)(3)(b).--For purposes of section 552 of 
     title 5, paragraph (1) of this subsection shall be considered 
     a statute described in subsection (b)(3)(B) of that section.
       ``(4) Effect.--Nothing in this subsection is intended to 
     limit the ability of the Attorney General to present such 
     evidence to a grand jury or to share such evidence with 
     potential witnesses or defendants in the course of an ongoing 
     criminal investigation.
       ``(5) Availability to government agencies.--
       ``(A) In general.--Without the loss of its status as 
     confidential in the hands of the Secretary, all information 
     referred to in paragraph (1) may, in the discretion of the 
     Secretary, when determined by the Secretary to be necessary 
     or appropriate to accomplish the purposes of this chapter and 
     in accordance with subparagraph (B), be made available to the 
     following:
       ``(i) The Department of Justice.
       ``(ii) An appropriate department or agency of the Federal 
     Government, acting within the scope of its jurisdiction.
       ``(B) Maintenance of information.--Each entity described in 
     subparagraph (A) shall maintain information described in that 
     subparagraph as confidential, in accordance with the 
     requirements in paragraph (1).
       ``(g) Provision of False Information.--A whistleblower who 
     knowingly and intentionally makes any false, fictitious, or 
     fraudulent statement or representation, or who makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry, shall 
     not be entitled to an award under this section and shall be 
     subject to prosecution under section 1001 of title 18.
       ``(h) Appeals.--
       ``(1) In general.--Any determination made under this 
     section, including whether, to whom, or in what amount to 
     make an award, shall be in the discretion of the Secretary.
       ``(2) Appeals.--Any determination made by the Secretary 
     under this section may be appealed by a whistleblower to the 
     appropriate court of appeals of the United States not later 
     than 30 days after the determination is issued by the 
     Secretary.
       ``(3) Review.--The court shall review the determination 
     made by the Secretary in accordance with section 706 of title 
     5.
       ``(i) Regulation.--Not later than 18 months after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations on the requirements of this section, consistent 
     with this section.''.
       (b) Rule of Construction.--
       (1) Original information.--Information submitted to the 
     Secretary of Transportation by a whistleblower in accordance 
     with the requirements of section 30172 of title 49, United 
     States Code, shall not lose its status as original 
     information solely because the whistleblower submitted the 
     information prior to the effective date of the regulations 
     issued under subsection (i) of that section if that 
     information was submitted after the date of enactment of this 
     Act.
       (2) Awards.--A whistleblower may receive an award under 
     section 30172 of title 49, United States Code, regardless of 
     whether the violation underlying the covered action occurred 
     prior to the date of enactment of this Act, and may receive 
     an award prior to the Secretary of Transportation 
     promulgating the regulations under subsection (i) of that 
     section.
       (c) Conforming Amendments.--The table of contents of 
     subchapter IV of chapter 301 of title 49, United States Code, 
     is amended by adding at the end the following:

``30172. Whistleblower incentives and protections.''.

            Subtitle D--Additional Motor Vehicle Provisions

     SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA.

       Not later than December 1 of the year beginning after the 
     date of enactment of this Act, and each year thereafter, the 
     Administrator of the National Highway Traffic Safety 
     Administration shall publish on the public website of the 
     Administration, and file with the Committees on Energy and 
     Commerce and Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate an annual plan for the 
     following calendar year detailing the Administration's 
     projected activities, including--
       (1) the Administrator's policy priorities;
       (2) any rulemakings projected to be commenced;
       (3) any plans to develop guidelines;
       (4) any plans to restructure the Administration or to 
     establish or alter working groups;
       (5) any planned projects or initiatives of the 
     Administration, including the working groups and advisory 
     committees of the Administration; and
       (6) any projected dates or timetables associated with any 
     of the items described in paragraphs (1) through (5).

     SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND 
                   NONCOMPLIANCE.

       Section 30120(g)(1) of title 49, United States Code, is 
     amended by striking ``10 calendar years'' and inserting ``15 
     calendar years''.

     SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFACTURERS.

       (a) Rule.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue a final rule pursuant to section 30117 of title 49, 
     United States Code, requiring each manufacturer of motor 
     vehicles or motor vehicle equipment to retain all motor 
     vehicle safety records required to be maintained by 
     manufacturers under section 576.6 of title 49, Code of 
     Federal Regulations, for a period of not less than 10 
     calendar years from the date on which they were generated or 
     acquired by the manufacturer.
       (b) Application.--The rule required by subsection (a) shall 
     apply with respect to any record described in such subsection 
     that is in the possession of a manufacturer on the effective 
     date of such rule.

     SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO 
                   NONCOMPLYING MOTOR VEHICLES TO VEHICLES USED 
                   FOR TESTING OR EVALUATION.

       Section 30112(b) of title 49, United States Code, is 
     amended--
       (1) in paragraph (8), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(10) the introduction of a motor vehicle in interstate 
     commerce solely for purposes of testing or evaluation by a 
     manufacturer that agrees not to sell or offer for sale the 
     motor vehicle at the conclusion of the testing or evaluation 
     and that prior to the date of enactment of this paragraph--
       ``(A) has manufactured and distributed motor vehicles into 
     the United States that are certified to comply with all 
     applicable Federal motor vehicle safety standards;
       ``(B) has submitted to the Secretary appropriate 
     manufacturer identification information under part 566 of 
     title 49, Code of Federal Regulations; and
       ``(C) if applicable, has identified an agent for service of 
     process in accordance with part 551 of such title.''.

     SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.

       (a) Exemption From Vehicle Safety Standards for Low-volume 
     Manufacturers.--Section 30114 of title 49, United States 
     Code, is amended--
       (1) by striking ``The'' and inserting ``(a) Vehicles Used 
     for Particular Purposes. The''; and
       (2) by adding at the end the following new subsection:
       ``(b) Exemption for Low-volume Manufacturers.--
       ``(1) In general.--The Secretary shall--

[[Page H8785]]

       ``(A) exempt from section 30112(a) of this title not more 
     than 325 replica motor vehicles per year that are 
     manufactured or imported by a low-volume manufacturer; and
       ``(B) except as provided in paragraph (4) of this 
     subsection, limit any such exemption to the Federal Motor 
     Vehicle Safety Standards applicable to motor vehicles and not 
     motor vehicle equipment.
       ``(2) Registration requirement.--To qualify for an 
     exemption under paragraph (1), a low-volume manufacturer 
     shall register with the Secretary at such time, in such 
     manner, and under such terms that the Secretary determines 
     appropriate. The Secretary shall establish terms that ensure 
     that no person may register as a low-volume manufacturer if 
     the person is registered as an importer under section 30141 
     of this title.
       ``(3) Permanent label requirement.--
       ``(A) In general.--The Secretary shall require a low-volume 
     manufacturer to affix a permanent label to a motor vehicle 
     exempted under paragraph (1) that identifies the specified 
     standards and regulations for which such vehicle is exempt 
     from section 30112(a), states that the vehicle is a replica, 
     and designates the model year such vehicle replicates.
       ``(B) Written notice.--The Secretary may require a low-
     volume manufacturer of a motor vehicle exempted under 
     paragraph (1) to deliver written notice of the exemption to--
       ``(i) the dealer; and
       ``(ii) the first purchaser of the motor vehicle, if the 
     first purchaser is not an individual that purchases the motor 
     vehicle for resale.
       ``(C) Reporting requirement.--A low-volume manufacturer 
     shall annually submit a report to the Secretary including the 
     number and description of the motor vehicles exempted under 
     paragraph (1) and a list of the exemptions described on the 
     label affixed under subparagraph (A).
       ``(4) Effect on other provisions.--Any motor vehicle 
     exempted under this subsection shall also be exempted from 
     sections 32304, 32502, and 32902 of this title and from 
     section 3 of the Automobile Information Disclosure Act (15 
     U.S.C. 1232).
       ``(5) Limitation and public notice.--The Secretary shall 
     have 90 days to review and approve or deny a registration 
     submitted under paragraph (2). If the Secretary determines 
     that any such registration submitted is incomplete, the 
     Secretary shall have an additional 30 days for review. Any 
     registration not approved or denied within 90 days after 
     initial submission, or 120 days if the registration submitted 
     is incomplete, shall be deemed approved. The Secretary shall 
     have the authority to revoke an existing registration based 
     on a failure to comply with requirements set forth in this 
     subsection or a finding by the Secretary of a safety-related 
     defect or unlawful conduct under this chapter that poses a 
     significant safety risk. The registrant shall be provided a 
     reasonable opportunity to correct all deficiencies, if such 
     are correctable based on the sole discretion of the 
     Secretary. An exemption granted by the Secretary to a low-
     volume manufacturer under this subsection may not be 
     transferred to any other person, and shall expire at the end 
     of the calendar year for which it was granted with respect to 
     any volume authorized by the exemption that was not applied 
     by the low-volume manufacturer to vehicles built during that 
     calendar year. The Secretary shall maintain an up-to-date 
     list of registrants and a list of the make and model of motor 
     vehicles exempted under paragraph (1) on at least an annual 
     basis and publish such list in the Federal Register or on a 
     website operated by the Secretary.
       ``(6) Limitation of liability for original manufacturers, 
     licensors or owners of product configuration, trade dress, or 
     design patents.--The original manufacturer, its successor or 
     assignee, or current owner, who grants a license or otherwise 
     transfers rights to a low-volume manufacturer shall incur no 
     liability to any person or entity under Federal or State 
     statute, regulation, local ordinance, or under any Federal or 
     State common law for such license or assignment to a low-
     volume manufacturer.
       ``(7) Definitions.--In this subsection:
       ``(A) Low-volume manufacturer.--The term `low-volume 
     manufacturer' means a motor vehicle manufacturer, other than 
     a person who is registered as an importer under section 30141 
     of this title, whose annual worldwide production, including 
     by a parent or subsidiary of the manufacturer, if applicable, 
     is not more than 5,000 motor vehicles.
       ``(B) Replica motor vehicle.--The term `replica motor 
     vehicle' means a motor vehicle produced by a low-volume 
     manufacturer and that--
       ``(i) is intended to resemble the body of another motor 
     vehicle that was manufactured not less than 25 years before 
     the manufacture of the replica motor vehicle; and
       ``(ii) is manufactured under a license for the product 
     configuration, trade dress, trademark, or patent, for the 
     motor vehicle that is intended to be replicated from the 
     original manufacturer, its successors or assignees, or 
     current owner of such product configuration, trade dress, 
     trademark, or patent rights.
       ``(8) Construction.--Except as provided in paragraphs (1) 
     and (4), a registrant shall be considered a motor vehicle 
     manufacturer for purposes of parts A and C of subtitle VI of 
     this title. Nothing shall be construed to exempt a registrant 
     from complying with the requirements under sections 30116 
     through 30120A of this title if the motor vehicle excepted 
     under paragraph (1) contains a defect related to motor 
     vehicle safety.
       ``(9) State registration.--Nothing in this subsection shall 
     be construed to preempt, affect, or supersede any State 
     titling or registration law or regulation for a replica motor 
     vehicle, or exempt a person from complying with such law or 
     regulation.''.
       (b) Vehicle Emission Compliance Standards for Low-volume 
     Motor Vehicle Manufacturers.--Section 206(a) of the Clean Air 
     Act (42 U.S.C. 7525(a)) is amended by adding at the end the 
     following new paragraph:
       ``(5)(A) A motor vehicle engine (including all engine 
     emission controls) may be installed in an exempted specially 
     produced motor vehicle if the motor vehicle engine is from a 
     motor vehicle that is covered by a certificate of conformity 
     issued by the Administrator for the model year in which the 
     exempted specially produced motor vehicle is produced, or the 
     motor vehicle engine is covered by an Executive order subject 
     to regulations promulgated by the California Air Resources 
     Board for the model year in which the exempted specially 
     produced motor vehicle is produced, and--
       ``(i) the manufacturer of the engine supplies written 
     instructions to the Administrator and the manufacturer of the 
     exempted specially produced motor vehicle explaining how to 
     install the engine and maintain functionality of the engine's 
     emission control system and the on-board diagnostic system 
     (commonly known as `OBD'), except with respect to evaporative 
     emissions;
       ``(ii) the manufacturer of the exempted specially produced 
     motor vehicle installs the engine in accordance with such 
     instructions and certifies such installation in accordance 
     with subparagraph (E);
       ``(iii) the installation instructions include emission 
     control warranty information from the engine manufacturer in 
     compliance with section 207, including where warranty repairs 
     can be made, emission control labels to be affixed to the 
     vehicle, and the certificate of conformity number for the 
     applicable vehicle in which the engine was originally 
     intended or the applicable Executive order number for the 
     engine; and
       ``(iv) the manufacturer of the exempted specially produced 
     motor vehicle does not produce more than 325 such vehicles in 
     the calendar year in which the vehicle is produced.
       ``(B) A motor vehicle containing an engine compliant with 
     the requirements of subparagraph (A) shall be treated as 
     meeting the requirements of section 202 applicable to new 
     vehicles produced or imported in the model year in which the 
     exempted specially produced motor vehicle is produced or 
     imported.
       ``(C) Engine installations that are not performed in 
     accordance with installation instructions provided by the 
     manufacturer and alterations to the engine not in accordance 
     with the installation instructions shall--
       ``(i) be treated as prohibited acts by the installer under 
     section 203 and any applicable regulations; and
       ``(ii) subject to civil penalties under section 205(a), 
     civil actions under section 205(b), and administrative 
     assessment of penalties under section 205(c).
       ``(D) The manufacturer of an exempted specially produced 
     motor vehicle that has an engine compliant with the 
     requirements of subparagraph (A) shall provide to the 
     purchaser of such vehicle all information received by the 
     manufacturer from the engine manufacturer, including 
     information regarding emissions warranties from the engine 
     manufacturer and all emissions-related recalls by the engine 
     manufacturer.
       ``(E) To qualify to install an engine under this paragraph, 
     and sell, offer for sale, introduce into commerce, deliver 
     for introduction into commerce or import an exempted 
     specially produced motor vehicle, a manufacturer of exempted 
     specially produced motor vehicles shall register with the 
     Administrator at such time and in such manner as the 
     Administrator determines appropriate. The manufacturer shall 
     submit an annual report to the Administrator that includes--
       ``(i) a description of the exempted specially produced 
     motor vehicles and engines installed in such vehicles;
       ``(ii) the certificate of conformity number issued to the 
     motor vehicle in which the engine was originally intended or 
     the applicable Executive order number for the engine; and
       ``(iii) a certification that it produced all exempted 
     specially produced motor vehicles according to the written 
     instructions from the engine manufacturer, and otherwise that 
     the engine conforms in all material respects to the 
     description in the application for the applicable certificate 
     of conformity or Executive order.
       ``(F) Exempted specially produced motor vehicles compliant 
     with this paragraph shall be exempted from--
       ``(i) motor vehicle certification testing under this 
     section; and
       ``(ii) vehicle emission control inspection and maintenance 
     programs required under section 110.
       ``(G)(i) Except as provided in subparagraphs (A) through 
     (F), a person engaged in the manufacturing or assembling of 
     exempted specially produced motor vehicles shall be 
     considered a manufacturer for purposes of this Act.
       ``(ii) Nothing in this paragraph shall be construed to 
     exempt any person from the prohibitions in section 203(a)(3) 
     or the requirements in sections 208, 206(c), or 202(m)(5).
       ``(H) In this paragraph:
       ``(i) The term `exempted specially produced motor vehicle' 
     means a light-duty vehicle or light-duty truck produced by a 
     low-volume manufacturer and that--

       ``(I) is intended to resemble the body of another motor 
     vehicle that was manufactured not less than 25 years before 
     the manufacture of the exempted specially produced motor 
     vehicle; and
       ``(II) is manufactured under a license for the product 
     configuration, trade dress, trademark, or patent, for the 
     motor vehicle that is intended to be replicated from the 
     original manufacturer, its successors or assignees, or 
     current owner of such product configuration, trade dress, 
     trademark, or patent rights.

       ``(ii) The term `low-volume manufacturer' means a motor 
     vehicle manufacturer, other than

[[Page H8786]]

     a person who is registered as an importer under section 30141 
     of title 49, United States Code, whose annual worldwide 
     production, including by a parent or subsidiary of the 
     manufacturer, if applicable, is not more than 5,000 motor 
     vehicles.''.
       (c) Implementation.--Not later than 12 months after the 
     date of enactment of this Act, the Secretary of 
     Transportation and the Administrator of the Environmental 
     Protection Agency shall issue such regulations as may be 
     necessary to implement the amendments made by subsections (a) 
     and (b), respectively.

     SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.

       Section 30111 of title 49, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f) Motor Vehicle Safety Guidelines.--
       ``(1) In general.--No guidelines issued by the Secretary 
     with respect to motor vehicle safety shall confer any rights 
     on any person, State, or locality, nor shall operate to bind 
     the Secretary or any person to the approach recommended in 
     such guidelines. In any enforcement action with respect to 
     motor vehicle safety, the Secretary shall allege a violation 
     of a provision of this subtitle, a motor vehicle safety 
     standard issued under this subtitle, or another relevant 
     statute or regulation. The Secretary may not base an 
     enforcement action on, or execute a consent order based on, 
     practices that are alleged to be inconsistent with any such 
     guidelines, unless the practices allegedly violate a 
     provision of this subtitle, a motor vehicle safety standard 
     issued under this subtitle, or another relevant statute or 
     regulation.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to confer any authority upon or negate any 
     authority of the Secretary to issue guidelines under this 
     chapter.''.

     SEC. 24407. 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).

                          DIVISION C--FINANCE

            TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

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

     SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 
                   AUTHORITY.

       (a) Highway Trust Fund.--Section 9503 of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``December 5, 2015'' in subsections 
     (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 
     2020'', and
       (2) by striking ``Surface Transportation Extension Act of 
     2015, Part II'' in subsections (c)(1) and (e)(3) and 
     inserting ``FAST Act''.
       (b) Sport Fish Restoration and Boating Trust Fund.--Section 
     9504 of such Code is amended--
       (1) by striking ``Surface Transportation Extension Act of 
     2015, Part II'' each place it appears in subsection (b)(2) 
     and inserting ``FAST Act'', and
       (2) by striking ``December 5, 2015'' in subsection (d)(2) 
     and inserting ``October 1, 2020''.
       (c) Leaking Underground Storage Tank Trust Fund.--Section 
     9508(e)(2) of such Code is amended by striking ``December 5, 
     2015'' and inserting ``October 1, 2020''.

     SEC. 31102. 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, 2022'':
       (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, 2022'':
       (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 ``2023'':
       (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, 2022'';
       (2) by striking ``March 31, 2017'' each place it appears 
     and inserting ``March 31, 2023''; and
       (3) by striking ``January 1, 2017'' and inserting ``January 
     1, 2023''.
       (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, 2022''.
       (2) Section 4483(i) of such Code is amended by striking 
     ``October 1, 2017'' and inserting ``October 1, 2023''.
       (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, 2022'';
       (ii) by striking ``October 1, 2016'' in the heading of 
     paragraph (2) and inserting ``October 1, 2022'';
       (iii) by striking ``September 30, 2016'' in paragraph (2) 
     and inserting ``September 30, 2022''; and
       (iv) by striking ``July 1, 2017'' in paragraph (2) and 
     inserting ``July 1, 2023''; and
       (B) in subsection (c)(2), by striking ``July 1, 2017'' and 
     inserting ``July 1, 2023''.
       (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, 2022''.
       (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, 2023''; and
       (ii) by striking ``October 1, 2016'' and inserting 
     ``October 1, 2022''.
       (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. 31201. 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) $51,900,000,000 to the Highway Account (as defined in 
     subsection (e)(5)(B)) in the Highway Trust Fund; and
       ``(B) $18,100,000,000 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. 31202. 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. 31203. 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 FAST 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)''.

[[Page H8787]]

  


                          TITLE XXXII--OFFSETS

                       Subtitle A--Tax Provisions

     SEC. 32101. 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 an individual 
     has a seriously delinquent tax debt, 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 32101 of the FAST Act.
       ``(b) Seriously Delinquent Tax Debt.--
       ``(1) In general.--For purposes of this section, the term 
     `seriously delinquent tax debt' means an unpaid, legally 
     enforceable Federal tax liability of an individual--
       ``(A) which has been assessed,
       ``(B) which is greater than $50,000, and
       ``(C) with respect to which--
       ``(i) a notice of lien has been filed pursuant to section 
     6323 and the administrative rights under section 6320 with 
     respect to such filing have been exhausted or have lapsed, or
       ``(ii) a levy is made pursuant to section 6331.
       ``(2) Exceptions.--Such term shall not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement to which the individual is party under 
     section 6159 or 7122, and
       ``(B) a debt with respect to which collection is suspended 
     with respect to the individual--
       ``(i) because a due process hearing under section 6330 is 
     requested or pending, or
       ``(ii) because an election under subsection (b) or (c) of 
     section 6015 is made or relief under subsection (f) of such 
     section is requested.
       ``(c) Reversal of Certification.--
       ``(1) In general.--In the case of an individual with 
     respect to whom the Commissioner makes a certification under 
     subsection (a), the Commissioner shall notify the Secretary 
     (and the Secretary shall subsequently notify the Secretary of 
     State) if such certification is found to be erroneous or if 
     the debt with respect to such certification is fully 
     satisfied or ceases to be a seriously delinquent tax debt by 
     reason of subsection (b)(2).
       ``(2) Timing of notice.--
       ``(A) Full satisfaction of debt.--In the case of a debt 
     that has been fully satisfied or has become legally 
     unenforceable, such notification shall be made not later than 
     the date required for issuing the certificate of release of 
     lien with respect to such debt under section 6325(a).
       ``(B) Innocent spouse relief.--In the case of an individual 
     who makes an election under subsection (b) or (c) of section 
     6015, or requests relief under subsection (f) of such 
     section, such notification shall be made not later than 30 
     days after any such election or request.
       ``(C) Installment agreement or offer-in-compromise.--In the 
     case of an installment agreement under section 6159 or an 
     offer-in-compromise under section 7122, such notification 
     shall be made not later than 30 days after such agreement is 
     entered into or such offer is accepted by the Secretary.
       ``(D) Erroneous certification.--In the case of a 
     certification found to be erroneous, such notification shall 
     be made as soon as practicable after such finding.
       ``(d) Contemporaneous Notice to Individual.--The 
     Commissioner shall contemporaneously notify an individual of 
     any certification under subsection (a), or any reversal of 
     certification under subsection (c), with respect to such 
     individual. Such notice shall include a description in simple 
     and nontechnical terms of the right to bring a civil action 
     under subsection (e).
       ``(e) Judicial Review of Certification.--
       ``(1) In general.--After the Commissioner notifies an 
     individual under subsection (d), the taxpayer may bring a 
     civil action against the United States in a district court of 
     the United States or the Tax Court to determine whether the 
     certification was erroneous or whether the Commissioner has 
     failed to reverse the certification.
       ``(2) Determination.--If the court determines that such 
     certification was erroneous, then the court may order the 
     Secretary to notify the Secretary of State that such 
     certification was erroneous.
       ``(f) 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 
     nearest multiple of $1,000.
       ``(g) Delegation of Certification.--A certification under 
     subsection (a) or reversal of certification under subsection 
     (c) may only be delegated by the Commissioner of Internal 
     Revenue to the Deputy Commissioner for Services and 
     Enforcement, or the Commissioner of an operating division, of 
     the Internal Revenue Service.''.
       (b) Information Included in Notice of Lien and Levy.--
       (1) Notice of lien.--Section 6320(a)(3) of such Code is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting ``; and'', and by adding at the end the following 
     new subparagraph:
       ``(E) the provisions of section 7345 relating to the 
     certification of seriously delinquent tax debts and the 
     denial, revocation, or limitation of passports of individuals 
     with such debts pursuant to section 32101 of the FAST Act.''.
       (2) Notice of levy.--Section 6331(d)(4) of such Code is 
     amended by striking ``and'' at the end of subparagraph (E), 
     by striking the period at the end of subparagraph (F) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(G) the provisions of section 7345 relating to the 
     certification of seriously delinquent tax debts and the 
     denial, revocation, or limitation of passports of individuals 
     with such debts pursuant to section 32101 of the FAST Act.''.
       (c) Authority for Information Sharing.--
       (1) In general.--Section 6103(k) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(11) 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 32101 of the FAST Act.''.
       (2) Conforming amendment.--Paragraph (4) of section 6103(p) 
     of such Code is amended by striking ``or (10)'' each place it 
     appears in subparagraph (F)(ii) and in the matter preceding 
     subparagraph (A) and inserting ``, (10), or (11)''.
       (d) Time for Certification of Seriously Delinquent Tax Debt 
     Postponed by Reason of Service in Combat Zone.--Section 
     7508(a) of such Code is amended by striking the period at the 
     end of paragraph (2) and inserting ``; and'' and by adding at 
     the end the following new paragraph:
       ``(3) Any certification of a seriously delinquent tax debt 
     under section 7345.''.
       (e) 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, the 
     Secretary of State, and any of their designees 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.
       (f) 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.
       (g) Removal of Certification From Record When Debt Ceases 
     to Be Seriously Delinquent.--If pursuant to subsection (c) or 
     (e) of section 7345 of the Internal Revenue Code of 1986 the 
     Secretary of State receives from the Secretary of the 
     Treasury a notice that an individual ceases to have a 
     seriously delinquent tax

[[Page H8788]]

     debt, the Secretary of State shall remove from the 
     individual's record the certification with respect to such 
     debt.
       (h) 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.''.
       (i) Effective Date.--The provisions of, and amendments made 
     by, this section shall take effect on the date of the 
     enactment of this Act.

     SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX 
                   COLLECTION CONTRACTS.

       (a) Requirement To Collect Certain Inactive Tax Receivables 
     Under Qualified Tax Collection Contracts.--Section 6306 of 
     the Internal Revenue Code of 1986 is amended by redesignating 
     subsections (c) through (f) as subsections (d) through (g), 
     respectively, and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Collection of Inactive Tax Receivables.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall enter into one or more qualified tax 
     collection contracts for the collection of all outstanding 
     inactive tax receivables.
       ``(2) Inactive tax receivables.--For purposes of this 
     section--
       ``(A) In general.--The term `inactive tax receivable' means 
     any tax receivable if--
       ``(i) at any time after assessment, the Internal Revenue 
     Service removes such receivable from the active inventory for 
     lack of resources or inability to locate the taxpayer,
       ``(ii) more than \1/3\ of the period of the applicable 
     statute of limitation has lapsed and such receivable has not 
     been assigned for collection to any employee of the Internal 
     Revenue Service, or
       ``(iii) in the case of a receivable which has been assigned 
     for collection, more than 365 days have passed without 
     interaction with the taxpayer or a third party for purposes 
     of furthering the collection of such receivable.
       ``(B) Tax receivable.--The term `tax receivable' means any 
     outstanding assessment which the Internal Revenue Service 
     includes in potentially collectible inventory.''.
       (b) Certain Tax Receivables Not Eligible for Collection 
     Under Qualified Tax Collection Contracts.--Section 6306 of 
     the Internal Revenue Code of 1986, as amended by subsection 
     (a), is amended by redesignating subsections (d) through (g) 
     as subsections (e) through (h), respectively, and by 
     inserting after subsection (c) the following new subsection:
       ``(d) Certain Tax Receivables Not Eligible for Collection 
     Under Qualified Tax Collections Contracts.--A tax receivable 
     shall not be eligible for collection pursuant to a qualified 
     tax collection contract if such receivable--
       ``(1) is subject to a pending or active offer-in-compromise 
     or installment agreement,
       ``(2) is classified as an innocent spouse case,
       ``(3) involves a taxpayer identified by the Secretary as 
     being--
       ``(A) deceased,
       ``(B) under the age of 18,
       ``(C) in a designated combat zone, or
       ``(D) a victim of tax-related identity theft,
       ``(4) is currently under examination, litigation, criminal 
     investigation, or levy, or
       ``(5) is currently subject to a proper exercise of a right 
     of appeal under this title.''.
       (c) Contracting Priority.--Section 6306 of the Internal 
     Revenue Code of 1986, as amended by the preceding provisions 
     of this section, is amended by redesignating subsection (h) 
     as subsection (i) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) Contracting Priority.--In contracting for the 
     services of any person under this section, the Secretary 
     shall utilize private collection contractors and debt 
     collection centers on the schedule required under section 
     3711(g) of title 31, United States Code, including the 
     technology and communications infrastructure established 
     therein, to the extent such private collection contractors 
     and debt collection centers are appropriate to carry out the 
     purposes of this section.''.
       (d) Disclosure of Return Information.--Section 6103(k) of 
     the Internal Revenue Code of 1986, as amended by section 
     32101, is amended by adding at the end the following new 
     paragraph:
       ``(12) 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. 32103. 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

[[Page H8789]]

     and employed under the program, and the amount of revenue 
     actually collected by such personnel.
       ``(2) For the current fiscal year, all actual and estimated 
     funds received or to be received in the account, all actual 
     and estimated administrative and program costs, the number of 
     all actual and estimated special compliance personnel hired 
     and employed under the program, and the actual and estimated 
     revenue actually collected or to be collected by such 
     personnel.
       ``(3) For the following fiscal year, an estimate of all 
     funds to be received in the account, all estimated 
     administrative and program costs, the estimated number of 
     special compliance personnel hired and employed under the 
     program, and the estimated revenue to be collected by such 
     personnel.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Special compliance personnel.--The term `special 
     compliance personnel' means individuals employed by the 
     Internal Revenue Service as field function collection 
     officers or in a similar position, or employed to collect 
     taxes using the automated collection system or an equivalent 
     replacement system.
       ``(2) Program costs.--The term `program costs' means--
       ``(A) total salaries (including locality pay and bonuses), 
     benefits, and employment taxes for special compliance 
     personnel employed or trained under the program described in 
     subsection (a), and
       ``(B) direct overhead costs, salaries, benefits, and 
     employment taxes relating to support staff, rental payments, 
     office equipment and furniture, travel, data processing 
     services, vehicle costs, utilities, telecommunications, 
     postage, printing and reproduction, supplies and materials, 
     lands and structures, insurance claims, and indemnities for 
     special compliance personnel hired and employed under this 
     section.
     For purposes of subparagraph (B), the cost of management and 
     supervision of special compliance personnel shall be taken 
     into account as direct overhead costs to the extent such 
     costs, when included in total program costs under this 
     paragraph, do not represent more than 10 percent of such 
     total costs.''.
       (c) Clerical Amendment.--The table of sections for 
     subchapter A of chapter 64 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 6306 the following new item:

``Sec. 6307. Special compliance personnel program account.''.
       (d) Effective Date.--The amendment made by subsection (a) 
     shall apply to amounts collected and retained by the 
     Secretary after the date of the enactment of this Act.

     SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION OF 
                   RETURN DUE DATE FOR CERTAIN EMPLOYEE BENEFIT 
                   PLANS.

       (a) In General.--Section 2006(b) of the Surface 
     Transportation and Veterans Health Care Choice Improvement 
     Act of 2015 is amended by striking paragraph (3).
       (b) Effective Date.--The amendment made by this section 
     shall apply to returns for taxable years beginning after 
     December 31, 2015.

                     Subtitle B--Fees and Receipts

     SEC. 32201. 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 April 1, 2016, and at the 
     beginning of each fiscal year 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) Use of Fees.--The fees collected as a result of the 
     amendments made by this section shall be deposited in the 
     Customs User Fee Account, shall be available for 
     reimbursement of customs services and inspections costs, and 
     shall be available only to the extent provided in 
     appropriations Acts.
       (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. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE 
                   BANKS.

       Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) 
     is amended by adding at the end the following:
       ``(3) Limitation on surplus funds.--
       ``(A) In general.--The aggregate amount of the surplus 
     funds of the Federal reserve banks may not exceed 
     $10,000,000,000.
       ``(B) Transfer to the general fund.--Any amounts of the 
     surplus funds of the Federal reserve banks that exceed, or 
     would exceed, the limitation under subparagraph (A) shall be 
     transferred to the Board of Governors of the Federal Reserve 
     System for transfer to the Secretary of the Treasury for 
     deposit in the general fund of the Treasury.''.

     SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.

       (a) In General.--Section 7(a)(1) of the Federal Reserve Act 
     (12 15 U.S.C. 289(a)(1)) is amended--
       (1) by amending subparagraph (A) to read as follows:
       ``(A) Dividend amount.--After all necessary expenses of a 
     Federal reserve bank have been paid or provided for, the 
     stockholders of the bank shall be entitled to receive an 
     annual dividend on paid-in capital stock of--
       ``(i) in the case of a stockholder with total consolidated 
     assets of more than $10,000,000,000, the smaller of--

       ``(I) the rate equal to the high yield of the 10-year 
     Treasury note auctioned at the last auction held prior to the 
     payment of such dividend; and
       ``(II) 6 percent; and

       ``(ii) in the case of a stockholder with total consolidated 
     assets of $10,000,000,000 or less, 6 percent.''; and
       (2) by adding at the end the following:
       ``(C) Inflation adjustment.--The Board of Governors of the 
     Federal Reserve System shall annually adjust the dollar 
     amounts of total consolidated assets specified under 
     subparagraph (A) to reflect the change in the Gross Domestic 
     Product Price Index, published by the Bureau of Economic 
     Analysis.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 1, 2016.

     SEC. 32204. 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) 16,000,000 barrels of crude oil during fiscal year 
     2023;
       (C) 25,000,000 barrels of crude oil during fiscal year 
     2024; and
       (D) 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.--The Secretary shall not draw 
     down and sell crude oil under this section in quantities that 
     would limit the authority to sell petroleum products under 
     section 161(h) of the Energy Policy and Conservation Act (42 
     U.S.C. 6241(h)) in the full quantity authorized by that 
     subsection.
       (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 $6,200,000,000 has been deposited in 
     the general fund of the Treasury from sales authorized under 
     this section.

     SEC. 32205. REPEAL.

       Effective as of November 2, 2015, the date of the enactment 
     of the Bipartisan Budget Act of 2015 (Public Law 114-74), 
     section 201 of such Act and the amendments made by such 
     section are repealed, and the provisions of law amended by 
     such section are hereby restored to appear as if such section 
     had not been enacted into law.

                          Subtitle C--Outlays

     SEC. 32301. INTEREST ON OVERPAYMENT.

       Section 111 of the Federal Oil and Gas Royalty Management 
     Act of 1982 (30 U.S.C. 1721) is amended--

[[Page H8790]]

       (1) by striking subsections (h) and (i);
       (2) by redesignating subsections (j) through (l) as 
     subsections (h) through (j), respectively; and
       (3) in subsection (h) (as so redesignated), by striking the 
     fourth sentence.

                     Subtitle D--Budgetary Effects

     SEC. 32401. BUDGETARY EFFECTS.

       The budgetary effects of this Act shall not be entered on 
     either PAYGO scorecard maintained pursuant to section 4(d) of 
     the Statutory Pay-As-You-Go Act of 2010.

                       DIVISION D--MISCELLANEOUS

               TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

     SEC. 41001. 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 
     41002(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 
     administered by a Federal agency or, in the case of a State 
     that chooses to participate in the environmental review and 
     authorization process in accordance with section 
     41003(c)(3)(A), a 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 41002(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;
       (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 41003(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 41002(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 41003(a).
       (14) Inventory.--The term ``inventory'' means the inventory 
     of covered projects established by the Executive Director 
     under section 41002(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 41003.
       (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. 41002. 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 councilmem-ber 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 41003(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, including the alignment of Federal reviews of 
     projects and reduction of permitting and project delivery 
     time.
       (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 41003(b)(2) (except that, for 
     projects initiated before that duty takes effect, the period 
     beginning

[[Page H8791]]

     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;
       (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.
       (C) Meetings.--The Council shall meet not less frequently 
     than annually with groups or individuals representing State, 
     tribal, and local governments that are engaged in the 
     infrastructure permitting process.
       (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 only 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. 41003. 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 
     41002(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 41001 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 41005.
       (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 41002(c)(1)(B).
       (B) Resolution of dispute.--The Chairman of the Council on 
     Environmental Quality 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 41002(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 41002(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--

[[Page H8792]]

       (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.
       (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.--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, and, subject to subparagraph 
     (C), with the concurrence of each cooperating agency, 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.
       (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 41002(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 referred to 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 and the project sponsor, agree to a 
     different completion date;
       (II) the facilitating agency or lead agency, as applicable, 
     or the affected cooperating agency provides a written 
     justification for the modification; and
       (III) in the case of a modification that would necessitate 
     an extension of a final completion date under a permitting 
     timetable established under subparagraph (A) to a date more 
     than 30 days after the final completion date originally 
     established under subparagraph (A), the facilitating or lead 
     agency submits a request to modify the permitting timetable 
     to the Executive Director, who shall consult with the project 
     sponsor and make a determination on the record, based on 
     consideration of the relevant factors described under 
     subparagraph (B), whether to grant the facilitating or lead 
     agency, as applicable, authority to make such modification.

       (ii) Completion date.--A completion date in the permitting 
     timetable may not be modified within 30 days of the 
     completion date.
       (iii) Limitation on length of modifications.--

       (I) In general.--Except as provided in subclause (II), the 
     total length of all modifications to a permitting timetable 
     authorized or made under this subparagraph, other than for 
     reasons outside the control of Federal, State, local, or 
     tribal governments, may not extend the permitting timetable 
     for a period of time greater than half of the amount of time 
     from the establishment of the permitting timetable under 
     subparagraph (A) to the last final completion date originally 
     established under subparagraph (A).
       (II) Additional extensions.--The Director of the Office of 
     Management and Budget, after consultation with the project 
     sponsor, may permit the Executive Director to authorize 
     additional extensions of a permitting timetable beyond the 
     limit prescribed by subclause (I). In such a case, the 
     Director of the Office of Management and Budget shall 
     transmit, not later than 5 days after making a determination 
     to permit an authorization of extension under this subclause, 
     a report to Congress explaining why such modification is 
     required. Such report shall explain to Congress with 
     specificity why the original permitting timetable and the 
     modifications authorized by the Executive Director failed to 
     be adequate. The lead or facilitating agency, as applicable, 
     shall transmit to Congress, the Director of the Office of 
     Management and Budget, and the Executive Director a 
     supplemental report on progress toward the final completion 
     date each year thereafter, until the permit review is 
     completed or the project sponsor withdraws its notice or 
     application or other request to which this title applies 
     under section 41010.

       (iv) Limitation on judicial review.--The following shall 
     not be subject to judicial review:

       (I) A determination by the Executive Director under clause 
     (i)(III).
       (II) A determination under clause (iii)(II) by the Director 
     of the Office of Management and Budget to permit the 
     Executive Director to authorize extensions of a permitting 
     timetable.

       (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.--

[[Page H8793]]

       (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) Applicability.--The requirements under this title shall 
     only apply to a State or an authorization issued by a State 
     if the State has chosen to participate in the environmental 
     review and authorization process pursuant to this paragraph.
       (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. 41004. 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 41006, that will advance 
     infrastructure development, production, and generation within 
     the States that are parties to the compact.
       (b) Regional Infrastructure.--For the purpose of this 
     title, a regional infrastructure development agency referred 
     to in subsection (a) shall have the same authorities and 
     responsibilities of a State agency.

     SEC. 41005. 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, 
     environmental consequences, and other required analyses 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.--
       (A) In general.--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 shall engage 
     the cooperating agencies and the public to determine the 
     range of reasonable alternatives to be considered for a 
     covered project.
       (B) Determination.--The determination under subparagraph 
     (A) shall be completed not later than the completion of 
     scoping.
       (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

[[Page H8794]]

     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. 41006. 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 41002(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 41002(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. 41007. 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; and
       (ii) any commenter filed a sufficiently detailed comment so 
     as to put the lead agency on notice of the issue on which the 
     party seeks judicial review, or the lead agency did not 
     provide a reasonable opportunity for such a comment on that 
     issue.
       (2) New information.--
       (A) In general.--The head of a lead agency or participating 
     agency shall consider new information received after the 
     close of a comment period if the information satisfies the 
     requirements under regulations implementing NEPA.
       (B) Separate action.--If Federal law requires the 
     preparation of a supplemental environmental impact statement 
     or other supplemental environmental document, the preparation 
     of such document shall be considered a separate final agency 
     action and the deadline for filing a claim for judicial 
     review of the agency action shall be 2 years after the date 
     on which a notice announcing the final agency action is 
     published in the Federal Register, unless a shorter time is 
     specified in the Federal law under which judicial review is 
     allowed.
       (3) Rule of construction.--Nothing in this subsection 
     creates a right to judicial review or places any limit on 
     filing a claim that a person has violated the terms of an 
     authorization.
       (b) Preliminary Injunctive Relief.--In addition to 
     considering any other applicable equitable factors, in any 
     action seeking a temporary restraining order or preliminary 
     injunction against an agency or a project sponsor in 
     connection with review or authorization of a covered project, 
     the court shall--
       (1) consider the potential effects on public health, 
     safety, and the environment, and the potential for 
     significant negative effects on jobs 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. 41008. REPORTS.

       (a) Report to Congress.--
       (1) 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.
       (2) Contents.--The report described in paragraph (1) shall 
     assess the performance of each participating agency and lead 
     agency based on the best practices described in section 
     41002(c)(2)(B), including--
       (A) agency progress in making improvements consistent with 
     those best practices; and
       (B) agency compliance with the performance schedules 
     established under section 41002(c)(1)(C).
       (3) 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 paragraph (1).
       (b) Comptroller General 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 describes--
       (1) agency progress in making improvements consistent with 
     the best practices issued under section 41002(c)(2)(B); and
       (2) agency compliance with the performance schedules 
     established under section 41002(c)(1)(C).

     SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING 
                   OF ENVIRONMENTAL REVIEWS AND PERMITS.

       (a) In General.--The heads of agencies listed in section 
     41002(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 41002 
     and 41003, 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

[[Page H8795]]

     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 
     41002(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. 41010. APPLICATION.

       This title applies to any covered project for which--
       (1) a notice is filed under section 41003(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. 41011. 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.

     SEC. 41012. SAVINGS PROVISION.

       Nothing in this title amends the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     SEC. 41013. SUNSET.

       This title shall terminate 7 years after the date of 
     enactment of this Act.

     SEC. 41014. PLACEMENT.

       The Office of the Law Revision Counsel is directed to place 
     sections 41001 through 41013 of this title in chapter 55 of 
     title 42, United States Code, as subchapter IV.

                   TITLE XLII--ADDITIONAL PROVISIONS

     SEC. 42001. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF 
                   KEROSENE USED IN NONCOMMERCIAL AVIATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States 
     shall--
       (1) conduct a study regarding payments made to vendors of 
     kerosene used in noncommercial aviation under section 
     6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and
       (2) submit to the appropriate committees of Congress a 
     report describing the results of such study, which shall 
     include estimates of--
       (A) the number of vendors of kerosene used in noncommercial 
     aviation who are registered under section 4101 of such Code;
       (B) the number of vendors of kerosene used in noncommercial 
     aviation who are not so registered;
       (C) the number of vendors described in subparagraph (A) who 
     receive payments under section 6427(l)(4)(C)(ii) of such 
     Code;
       (D) the excess of--
       (i) the amount of payments which would be made under 
     section 6427(l)(4)(C)(ii) of such Code if all vendors of 
     kerosene used in noncommercial aviation were registered and 
     filed claims for such payments, over
       (ii) the amount of payments actually made under such 
     section; and
       (E) the number of cases of diesel truck operators 
     fraudulently using kerosene taxed for use in aviation.

      TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

     SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.

       Section 411(h) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1240a(h)) is amended--
       (1) in paragraph (1)(C)--
       (A) by striking ``Payments'' and inserting the following:
       ``(i) In general.--Payments''; and
       (B) by adding at the end the following:
       ``(ii) Certain payments required.--Not withstanding any 
     other provision of this Act, as soon as practicable, but not 
     later than December 10, 2015, of the 7 equal installments 
     referred to in clause (i), the Secretary shall pay to any 
     certified State or Indian tribe to which the total annual 
     payment under this subsection was limited to $15,000,000 in 
     2013 and $28,000,000 in fiscal year 2014--

       ``(I) the final 2 installments in 2 separate payments of 
     $82,700,000 each; and
       ``(II) 2 separate payments of $38,250,000 each.''; and

       (2) by striking paragraphs (5) and (6).

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

     SEC. 50001. SHORT TITLE.

       This division may be cited as the ``Export-Import Bank 
     Reform and Reauthorization Act of 2015''.

 TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

     SEC. 51001. 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. 51002. 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. 51003. 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. 51004. 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.
       ``(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.''.

[[Page H8796]]

  


     SEC. 51005. 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. 51006. 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. 51007. 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 
     51005.
       (b) Report.--Not later than 1 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. 51008. 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 1 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 LII--PROMOTION OF SMALL BUSINESS EXPORTS

     SEC. 52001. 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. 52002. 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 LIII--MODERNIZATION OF OPERATIONS

     SEC. 53001. 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. 53002. 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 LIV--GENERAL PROVISIONS

     SEC. 54001. 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''.
       (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. 54002. 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

[[Page H8797]]

     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 LV--OTHER MATTERS

     SEC. 55001. 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. 55002. 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. 55003. 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).

                      DIVISION F--ENERGY SECURITY

     SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY 
                   DISRUPTIONS.

       (a) Finding.--Congress finds that recent natural disasters 
     have underscored the importance of having resilient oil and 
     natural gas infrastructure and effective ways for industry 
     and government to communicate to address energy supply 
     disruptions.
       (b) Authorization for Activities to Enhance Emergency 
     Preparedness for Natural Disasters.--The Secretary of Energy 
     shall develop and adopt procedures to--
       (1) improve communication and coordination between the 
     Department of Energy's energy response team, Federal 
     partners, and industry;
       (2) leverage the Energy Information Administration's 
     subject matter expertise within the Department's energy 
     response team to improve supply chain situation assessments;
       (3) establish company liaisons and direct communication 
     with the Department's energy response team to improve 
     situation assessments;
       (4) streamline and enhance processes for obtaining 
     temporary regulatory relief to speed up emergency response 
     and recovery;
       (5) facilitate and increase engagement among States, the 
     oil and natural gas industry, and the Department in 
     developing State and local energy assurance plans;
       (6) establish routine education and training programs for 
     key government emergency response positions with the 
     Department and States; and
       (7) involve States and the oil and natural gas industry in 
     comprehensive drill and exercise programs.
       (c) Cooperation.--The activities carried out under 
     subsection (b) shall include collaborative efforts with State 
     and local government officials and the private sector.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to Congress a report describing the effectiveness of the 
     activities authorized under this section.

     SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY 
                   CONFLICTS.

       (a) Compliance With or Violation of Environmental Laws 
     While Under Emergency Order.--Section 202(c) of the Federal 
     Power Act (16 U.S.C. 824a(c)) is amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following:
       ``(2) With respect to an order issued under this subsection 
     that may result in a conflict with a requirement of any 
     Federal, State, or local environmental law or regulation, the 
     Commission shall ensure that such order requires generation, 
     delivery, interchange, or transmission of electric energy 
     only during hours necessary to meet the emergency and serve 
     the public interest, and, to the maximum extent practicable, 
     is consistent with any applicable Federal, State, or local 
     environmental law or regulation and minimizes any adverse 
     environmental impacts.
       ``(3) To the extent any omission or action taken by a 
     party, that is necessary to comply with an order issued under 
     this subsection, including any omission or action taken to 
     voluntarily comply with such order, results in noncompliance 
     with, or causes such party to not comply with, any Federal, 
     State, or local environmental law or regulation, such 
     omission or action shall not be considered a violation of 
     such environmental law or regulation, or subject such party 
     to any requirement, civil or criminal liability, or a citizen 
     suit under such environmental law or regulation.
       ``(4)(A) An order issued under this subsection that may 
     result in a conflict with a requirement of any Federal, 
     State, or local environmental law or regulation shall expire 
     not later than 90 days after it is issued. The Commission may 
     renew or reissue such order pursuant to paragraphs (1) and 
     (2) for subsequent periods, not to exceed 90 days for each 
     period, as the Commission determines necessary to meet the 
     emergency and serve the public interest.
       ``(B) In renewing or reissuing an order under subparagraph 
     (A), the Commission shall consult with the primary Federal 
     agency with expertise in the environmental interest protected 
     by such law or regulation, and shall include in any such 
     renewed or reissued order such conditions as such Federal 
     agency determines necessary to minimize any adverse 
     environmental impacts to

[[Page H8798]]

     the extent practicable. The conditions, if any, submitted by 
     such Federal agency shall be made available to the public. 
     The Commission may exclude such a condition from the renewed 
     or reissued order if it determines that such condition would 
     prevent the order from adequately addressing the emergency 
     necessitating such order and provides in the order, or 
     otherwise makes publicly available, an explanation of such 
     determination.
       ``(5) If an order issued under this subsection is 
     subsequently stayed, modified, or set aside by a court 
     pursuant to section 313 or any other provision of law, any 
     omission or action previously taken by a party that was 
     necessary to comply with the order while the order was in 
     effect, including any omission or action taken to voluntarily 
     comply with the order, shall remain subject to paragraph 
     (3).''.
       (b) Temporary Connection or Construction by 
     Municipalities.--Section 202(d) of the Federal Power Act (16 
     U.S.C. 824a(d)) is amended by inserting ``or municipality'' 
     before ``engaged in the transmission or sale of electric 
     energy''.

     SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

       (a) Critical Electric Infrastructure Security.--Part II of 
     the Federal Power Act (16 U.S.C. 824 et seq.) is amended by 
     adding after section 215 the following new section:

     ``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

       ``(a) Definitions.--For purposes of this section:
       ``(1) Bulk-power system; electric reliability organization; 
     regional entity.--The terms `bulk-power system', `Electric 
     Reliability Organization', and `regional entity' have the 
     meanings given such terms in paragraphs (1), (2), and (7) of 
     section 215(a), respectively.
       ``(2) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means a system or asset of the bulk-
     power system, whether physical or virtual, the incapacity or 
     destruction of which would negatively affect national 
     security, economic security, public health or safety, or any 
     combination of such matters.
       ``(3) Critical electric infrastructure information.--The 
     term `critical electric infrastructure information' means 
     information related to critical electric infrastructure, or 
     proposed critical electrical infrastructure, generated by or 
     provided to the Commission or other Federal agency, other 
     than classified national security information, that is 
     designated as critical electric infrastructure information by 
     the Commission or the Secretary pursuant to subsection (d). 
     Such term includes information that qualifies as critical 
     energy infrastructure information under the Commission's 
     regulations.
       ``(4) Defense critical electric infrastructure.--The term 
     `defense critical electric infrastructure' means any electric 
     infrastructure located in any of the 48 contiguous States or 
     the District of Columbia that serves a facility designated by 
     the Secretary pursuant to subsection (c), but is not owned or 
     operated by the owner or operator of such facility.
       ``(5) Electromagnetic pulse.--The term `electromagnetic 
     pulse' means 1 or more pulses of electromagnetic energy 
     emitted by a device capable of disabling or disrupting 
     operation of, or destroying, electronic devices or 
     communications networks, including hardware, software, and 
     data, by means of such a pulse.
       ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
     means a temporary disturbance of the Earth's magnetic field 
     resulting from solar activity.
       ``(7) Grid security emergency.--The term `grid security 
     emergency' means the occurrence or imminent danger of--
       ``(A)(i) a malicious act using electronic communication or 
     an electromagnetic pulse, or a geomagnetic storm event, that 
     could disrupt the operation of those electronic devices or 
     communications networks, including hardware, software, and 
     data, that are essential to the reliability of critical 
     electric infrastructure or of defense critical electric 
     infrastructure; and
       ``(ii) disruption of the operation of such devices or 
     networks, with significant adverse effects on the reliability 
     of critical electric infrastructure or of defense critical 
     electric infrastructure, as a result of such act or event; or
       ``(B)(i) a direct physical attack on critical electric 
     infrastructure or on defense critical electric 
     infrastructure; and
       ``(ii) significant adverse effects on the reliability of 
     critical electric infrastructure or of defense critical 
     electric infrastructure as a result of such physical attack.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Authority to Address Grid Security Emergency.--
       ``(1) Authority.--Whenever the President issues and 
     provides to the Secretary a written directive or 
     determination identifying a grid security emergency, the 
     Secretary may, with or without notice, hearing, or report, 
     issue such orders for emergency measures as are necessary in 
     the judgment of the Secretary to protect or restore the 
     reliability of critical electric infrastructure or of defense 
     critical electric infrastructure during such emergency. As 
     soon as practicable but not later than 180 days after the 
     date of enactment of this section, the Secretary shall, after 
     notice and opportunity for comment, establish rules of 
     procedure that ensure that such authority can be exercised 
     expeditiously.
       ``(2) Notification of congress.--Whenever the President 
     issues and provides to the Secretary a written directive or 
     determination under paragraph (1), the President shall 
     promptly notify congressional committees of relevant 
     jurisdiction, including the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate, of the contents of, and 
     justification for, such directive or determination.
       ``(3) Consultation.--Before issuing an order for emergency 
     measures under paragraph (1), the Secretary shall, to the 
     extent practicable in light of the nature of the grid 
     security emergency and the urgency of the need for action, 
     consult with appropriate governmental authorities in Canada 
     and Mexico, entities described in paragraph (4), the 
     Electricity Sub-sector Coordinating Council, the Commission, 
     and other appropriate Federal agencies regarding 
     implementation of such emergency measures.
       ``(4) Application.--An order for emergency measures under 
     this subsection may apply to--
       ``(A) the Electric Reliability Organization;
       ``(B) a regional entity; or
       ``(C) any owner, user, or operator of critical electric 
     infrastructure or of defense critical electric infrastructure 
     within the United States.
       ``(5) Expiration and reissuance.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an order for emergency measures issued under paragraph (1) 
     shall expire no later than 15 days after its issuance.
       ``(B) Extensions.--The Secretary may reissue an order for 
     emergency measures issued under paragraph (1) for subsequent 
     periods, not to exceed 15 days for each such period, provided 
     that the President, for each such period, issues and provides 
     to the Secretary a written directive or determination that 
     the grid security emergency identified under paragraph (1) 
     continues to exist or that the emergency measure continues to 
     be required.
       ``(6) Cost recovery.--
       ``(A) Critical electric infrastructure.--If the Commission 
     determines that owners, operators, or users of critical 
     electric infrastructure have incurred substantial costs to 
     comply with an order for emergency measures issued under this 
     subsection and that such costs were prudently incurred and 
     cannot reasonably be recovered through regulated rates or 
     market prices for the electric energy or services sold by 
     such owners, operators, or users, the Commission shall, 
     consistent with the requirements of section 205, after notice 
     and an opportunity for comment, establish a mechanism that 
     permits such owners, operators, or users to recover such 
     costs.
       ``(B) Defense critical electric infrastructure.--To the 
     extent the owner or operator of defense critical electric 
     infrastructure is required to take emergency measures 
     pursuant to an order issued under this subsection, the owners 
     or operators of a critical defense facility or facilities 
     designated by the Secretary pursuant to subsection (c) that 
     rely upon such infrastructure shall bear the full incremental 
     costs of the measures.
       ``(7) Temporary access to classified information.--The 
     Secretary, and other appropriate Federal agencies, shall, to 
     the extent practicable and consistent with their obligations 
     to protect classified information, provide temporary access 
     to classified information related to a grid security 
     emergency for which emergency measures are issued under 
     paragraph (1) to key personnel of any entity subject to such 
     emergency measures to enable optimum communication between 
     the entity and the Secretary and other appropriate Federal 
     agencies regarding the grid security emergency.
       ``(c) Designation of Critical Defense Facilities.--Not 
     later than 180 days after the date of enactment of this 
     section, the Secretary, in consultation with other 
     appropriate Federal agencies and appropriate owners, users, 
     or operators of infrastructure that may be defense critical 
     electric infrastructure, shall identify and designate 
     facilities located in the 48 contiguous States and the 
     District of Columbia that are--
       ``(1) critical to the defense of the United States; and
       ``(2) vulnerable to a disruption of the supply of electric 
     energy provided to such facility by an external provider.
     The Secretary may, in consultation with appropriate Federal 
     agencies and appropriate owners, users, or operators of 
     defense critical electric infrastructure, periodically revise 
     the list of designated facilities as necessary.
       ``(d) Protection and Sharing of Critical Electric 
     Infrastructure Information.--
       ``(1) Protection of critical electric infrastructure 
     information.--Critical electric infrastructure information--
       ``(A) shall be exempt from disclosure under section 
     552(b)(3) of title 5, United States Code; and
       ``(B) shall not be made available by any Federal, State, 
     political subdivision or tribal authority pursuant to any 
     Federal, State, political subdivision or tribal law requiring 
     public disclosure of information or records.
       ``(2) Designation and sharing of critical electric 
     infrastructure information.--Not later than one year after 
     the date of enactment of this section, the Commission, after 
     consultation with the Secretary, shall promulgate such 
     regulations as necessary to--
       ``(A) establish criteria and procedures to designate 
     information as critical electric infrastructure information;
       ``(B) prohibit the unauthorized disclosure of critical 
     electric infrastructure information;
       ``(C) ensure there are appropriate sanctions in place for 
     Commissioners, officers, employees, or agents of the 
     Commission or the Department of Energy who knowingly and 
     willfully disclose critical electric infrastructure 
     information in a manner that is not authorized under this 
     section; and
       ``(D) taking into account standards of the Electric 
     Reliability Organization, facilitate voluntary sharing of 
     critical electric infrastructure information with, between, 
     and by--
       ``(i) Federal, State, political subdivision, and tribal 
     authorities;
       ``(ii) the Electric Reliability Organization;

[[Page H8799]]

       ``(iii) regional entities;
       ``(iv) information sharing and analysis centers established 
     pursuant to Presidential Decision Directive 63;
       ``(v) owners, operators, and users of critical electric 
     infrastructure in the United States; and
       ``(vi) other entities determined appropriate by the 
     Commission.
       ``(3) Authority to designate.--Information may be 
     designated by the Commission or the Secretary as critical 
     electric infrastructure information pursuant to the criteria 
     and procedures established by the Commission under paragraph 
     (2)(A).
       ``(4) Considerations.--In exercising their respective 
     authorities under this subsection, the Commission and the 
     Secretary shall take into consideration the role of State 
     commissions in reviewing the prudence and cost of 
     investments, determining the rates and terms of conditions 
     for electric services, and ensuring the safety and 
     reliability of the bulk-power system and distribution 
     facilities within their respective jurisdictions.
       ``(5) Protocols.--The Commission and the Secretary shall, 
     in consultation with Canadian and Mexican authorities, 
     develop protocols for the voluntary sharing of critical 
     electric infrastructure information with Canadian and Mexican 
     authorities and owners, operators, and users of the bulk-
     power system outside the United States.
       ``(6) No required sharing of information.--Nothing in this 
     section shall require a person or entity in possession of 
     critical electric infrastructure information to share such 
     information with Federal, State, political subdivision, or 
     tribal authorities, or any other person or entity.
       ``(7) Submission of information to congress.--Nothing in 
     this section shall permit or authorize the withholding of 
     information from Congress, any committee or subcommittee 
     thereof, or the Comptroller General.
       ``(8) Disclosure of nonprotected information.--In 
     implementing this section, the Commission and the Secretary 
     shall segregate critical electric infrastructure information 
     or information that reasonably could be expected to lead to 
     the disclosure of the critical electric infrastructure 
     information within documents and electronic communications, 
     wherever feasible, to facilitate disclosure of information 
     that is not designated as critical electric infrastructure 
     information.
       ``(9) Duration of designation.--Information may not be 
     designated as critical electric infrastructure information 
     for longer than 5 years, unless specifically re-designated by 
     the Commission or the Secretary, as appropriate.
       ``(10) Removal of designation.--The Commission or the 
     Secretary, as appropriate, shall remove the designation of 
     critical electric infrastructure information, in whole or in 
     part, from a document or electronic communication if the 
     Commission or the Secretary, as appropriate, determines that 
     the unauthorized disclosure of such information could no 
     longer be used to impair the security or reliability of the 
     bulk-power system or distribution facilities.
       ``(11) Judicial review of designations.--Notwithstanding 
     section 313(b), with respect to a petition filed by a person 
     to which an order under this section applies, any 
     determination by the Commission or the Secretary concerning 
     the designation of critical electric infrastructure 
     information under this subsection shall be subject to review 
     under chapter 7 of title 5, United States Code, except that 
     such review shall be brought in the district court of the 
     United States in the district in which the complainant 
     resides, or has his principal place of business, or in the 
     District of Columbia. In such a case the court shall examine 
     in camera the contents of documents or electronic 
     communications that are the subject of the determination 
     under review to determine whether such documents or any part 
     thereof were improperly designated or not designated as 
     critical electric infrastructure information.
       ``(e) Security Clearances.--The Secretary shall facilitate 
     and, to the extent practicable, expedite the acquisition of 
     adequate security clearances by key personnel of any entity 
     subject to the requirements of this section, to enable 
     optimum communication with Federal agencies regarding threats 
     to the security of the critical electric infrastructure. The 
     Secretary, the Commission, and other appropriate Federal 
     agencies shall, to the extent practicable and consistent with 
     their obligations to protect classified and critical electric 
     infrastructure information, share timely actionable 
     information regarding grid security with appropriate key 
     personnel of owners, operators, and users of the critical 
     electric infrastructure.
       ``(f) Clarifications of Liability.--
       ``(1) Compliance with or violation of this act.--Except as 
     provided in paragraph (4), to the extent any action or 
     omission taken by an entity that is necessary to comply with 
     an order for emergency measures issued under subsection 
     (b)(1), including any action or omission taken to voluntarily 
     comply with such order, results in noncompliance with, or 
     causes such entity not to comply with any rule, order, 
     regulation, or provision of this Act, including any 
     reliability standard approved by the Commission pursuant to 
     section 215, such action or omission shall not be considered 
     a violation of such rule, order, regulation, or provision.
       ``(2) Relation to section 202(c).--Except as provided in 
     paragraph (4), an action or omission taken by an owner, 
     operator, or user of critical electric infrastructure or of 
     defense critical electric infrastructure to comply with an 
     order for emergency measures issued under subsection (b)(1) 
     shall be treated as an action or omission taken to comply 
     with an order issued under section 202(c) for purposes of 
     such section.
       ``(3) Sharing or receipt of information.--No cause of 
     action shall lie or be maintained in any Federal or State 
     court for the sharing or receipt of information under, and 
     that is conducted in accordance with, subsection (d).
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to require dismissal of a cause of action 
     against an entity that, in the course of complying with an 
     order for emergency measures issued under subsection (b)(1) 
     by taking an action or omission for which they would be 
     liable but for paragraph (1) or (2 ), takes such action or 
     omission in a grossly negligent manner.''.
       (b) Conforming Amendments.--
       (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
     Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
     after ``215,'' each place it appears.
       (2) Public utility.--Section 201(e) of the Federal Power 
     Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' 
     after ``215,''.
       (c) Enhanced Grid Security.--
       (1) Definitions.--In this subsection:
       (A) Critical electric infrastructure; critical electric 
     infrastructure information.--The terms ``critical electric 
     infrastructure'' and ``critical electric infrastructure 
     information'' have the meanings given those terms in section 
     215A of the Federal Power Act.
       (B) Sector-specific agency.--The term ``Sector-Specific 
     Agency'' has the meaning given that term in the Presidential 
     Policy Directive entitled ``Critical Infrastructure Security 
     and Resilience'', numbered 21, and dated February 12, 2013.
       (2) Sector-specific agency for cybersecurity for the energy 
     sector.--
       (A) In general.--The Department of Energy shall be the lead 
     Sector-Specific Agency for cybersecurity for the energy 
     sector.
       (B) Duties.--As head of the designated Sector-Specific 
     Agency for cybersecurity, the duties of the Secretary of 
     Energy shall include--
       (i) coordinating with the Department of Homeland Security 
     and other relevant Federal departments and agencies;
       (ii) collaborating with--

       (I) critical electric infrastructure owners and operators; 
     and
       (II) as appropriate--

       (aa) independent regulatory agencies; and
       (bb) State, local, tribal, and territorial entities;
       (cc) serving as a day-to-day Federal interface for the 
     dynamic prioritization and coordination of sector-specific 
     activities;
       (dd) carrying out incident management responsibilities 
     consistent with applicable law (including regulations) and 
     other appropriate policies or directives;
       (ee) providing, supporting, or facilitating technical 
     assistance and consultations for the energy sector to 
     identify vulnerabilities and help mitigate incidents, as 
     appropriate; and
       (ff) supporting the reporting requirements of the 
     Department of Homeland Security under applicable law by 
     providing, on an annual basis, sector-specific critical 
     electric infrastructure information.

     SEC. 61004. STRATEGIC TRANSFORMER RESERVE.

       (a) Finding.--Congress finds that the storage of 
     strategically located spare large power transformers and 
     emergency mobile substations will reduce the vulnerability of 
     the United States to multiple risks facing electric grid 
     reliability, including physical attack, cyber attack, 
     electromagnetic pulse, geomagnetic disturbances, severe 
     weather, and seismic events.
       (b) Definitions.--In this section:
       (1) Bulk-power system.--The term ``bulk-power system'' has 
     the meaning given such term in section 215(a) of the Federal 
     Power Act (16 U.S.C. 824o(a)).
       (2) Critically damaged large power transformer.--The term 
     ``critically damaged large power transformer'' means a large 
     power transformer that--
       (A) has sustained extensive damage such that--
       (i) repair or refurbishment is not economically viable; or
       (ii) the extensive time to repair or refurbish the large 
     power transformer would create an extended period of 
     instability in the bulk-power system; and
       (B) prior to sustaining such damage, was part of the bulk-
     power system.
       (3) Critical electric infrastructure.--The term ``critical 
     electric infrastructure'' has the meaning given that term in 
     section 215A of the Federal Power Act.
       (4) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given such term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (5) Emergency mobile substation.--The term ``emergency 
     mobile substation'' means a mobile substation or mobile 
     transformer that is--
       (A) assembled and permanently mounted on a trailer that is 
     capable of highway travel and meets relevant Department of 
     Transportation regulations; and
       (B) intended for express deployment and capable of being 
     rapidly placed into service.
       (6) Large power transformer.--The term ``large power 
     transformer'' means a power transformer with a maximum 
     nameplate rating of 100 megavolt-amperes or higher, including 
     related critical equipment, that is, or is intended to be, a 
     part of the bulk-power system.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) Spare large power transformer.--The term ``spare large 
     power transformer'' means a large power transformer that is 
     stored within the Strategic Transformer Reserve to be 
     available to temporarily replace a critically damaged large 
     power transformer.
       (c) Strategic Transformer Reserve Plan.--
       (1) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, acting through the 
     Office of Electricity Delivery and Energy Reliability, shall, 
     in consultation with the Federal Energy Regulatory 
     Commission, the

[[Page H8800]]

     Electricity Sub-sector Coordinating Council, the Electric 
     Reliability Organization, and owners and operators of 
     critical electric infrastructure and defense and military 
     installations, prepare and submit to Congress a plan to 
     establish a Strategic Transformer Reserve for the storage, in 
     strategically located facilities, of spare large power 
     transformers and emergency mobile substations in sufficient 
     numbers to temporarily replace critically damaged large power 
     transformers and substations that are critical electric 
     infrastructure or serve defense and military installations.
       (2) Inclusions.--The Strategic Transformer Reserve plan 
     shall include a description of--
       (A) the appropriate number and type of spare large power 
     transformers necessary to provide or restore sufficient 
     resiliency to the bulk-power system, critical electric 
     infrastructure, and defense and military installations to 
     mitigate significant impacts to the electric grid resulting 
     from--
       (i) physical attack;
       (ii) cyber attack;
       (iii) electromagnetic pulse attack;
       (iv) geomagnetic disturbances;
       (v) severe weather; or
       (vi) seismic events;
       (B) other critical electric grid equipment for which an 
     inventory of spare equipment, including emergency mobile 
     substations, is necessary to provide or restore sufficient 
     resiliency to the bulk-power system, critical electric 
     infrastructure, and defense and military installations;
       (C) the degree to which utility sector actions or 
     initiatives, including individual utility ownership of spare 
     equipment, joint ownership of spare equipment inventory, 
     sharing agreements, or other spare equipment reserves or 
     arrangements, satisfy the needs identified under 
     subparagraphs (A) and (B);
       (D) the potential locations for, and feasibility and 
     appropriate number of, strategic storage locations for 
     reserve equipment, including consideration of--
       (i) the physical security of such locations;
       (ii) the protection of the confidentiality of such 
     locations; and
       (iii) the proximity of such locations to sites of 
     potentially critically damaged large power transformers and 
     substations that are critical electric infrastructure or 
     serve defense and military installations, so as to enable 
     efficient delivery of equipment to such sites;
       (E) the necessary degree of flexibility of spare large 
     power transformers to be included in the Strategic 
     Transformer Reserve to conform to different substation 
     configurations, including consideration of transformer--
       (i) power and voltage rating for each winding;
       (ii) overload requirements;
       (iii) impedance between windings;
       (iv) configuration of windings; and
       (v) tap requirements;
       (F) an estimate of the direct cost of the Strategic 
     Transformer Reserve, as proposed, including--
       (i) the cost of storage facilities;
       (ii) the cost of the equipment; and
       (iii) management, maintenance, and operation costs;
       (G) the funding options available to establish, stock, 
     manage, and maintain the Strategic Transformer Reserve, 
     including consideration of fees on owners and operators of 
     bulk-power system facilities, critical electric 
     infrastructure, and defense and military installations 
     relying on the Strategic Transformer Reserve, use of Federal 
     appropriations, and public-private cost-sharing options;
       (H) the ease and speed of transportation, installation, and 
     energization of spare large power transformers to be included 
     in the Strategic Transformer Reserve, including consideration 
     of factors such as--
       (i) transformer transportation weight;
       (ii) transformer size;
       (iii) topology of critical substations;
       (iv) availability of appropriate transformer mounting pads;
       (v) flexibility of the spare large power transformers as 
     described in subparagraph (E); and
       (vi) ability to rapidly transition a spare large power 
     transformer from storage to energization;
       (I) eligibility criteria for withdrawal of equipment from 
     the Strategic Transformer Reserve;
       (J) the process by which owners or operators of critically 
     damaged large power transformers or substations that are 
     critical electric infrastructure or serve defense and 
     military installations may apply for a withdrawal from the 
     Strategic Transformer Reserve;
       (K) the process by which equipment withdrawn from the 
     Strategic Transformer Reserve is returned to the Strategic 
     Transformer Reserve or is replaced;
       (L) possible fees to be paid by users of equipment 
     withdrawn from the Strategic Transformer Reserve;
       (M) possible fees to be paid by owners and operators of 
     large power transformers and substations that are critical 
     electric infrastructure or serve defense and military 
     installations to cover operating costs of the Strategic 
     Transformer Reserve;
       (N) the domestic and international large power transformer 
     supply chain;
       (O) the potential reliability, cost, and operational 
     benefits of including emergency mobile substations in any 
     Strategic Transformer Reserve established under this section; 
     and
       (P) other considerations for designing, constructing, 
     stocking, funding, and managing the Strategic Transformer 
     Reserve.
       (d) Disclosure of Information.--Any information included in 
     the Strategic Transformer Reserve plan, or shared in the 
     preparation and development of such plan, the disclosure of 
     which could cause harm to critical electric infrastructure, 
     shall be exempt from disclosure under section 552(b)(3) of 
     title 5, United States Code, and any State, tribal, or local 
     law requiring disclosure of information or records.

     SEC. 61005. ENERGY SECURITY VALUATION.

       (a) Establishment of Energy Security Valuation Methods.--
     Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Energy, in collaboration with the 
     Secretary of State, shall develop and transmit, after public 
     notice and comment, to the Committee on Energy and Commerce 
     and the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources and the Committee on Foreign Relations of the 
     Senate a report that includes recommended United States 
     energy security valuation methods. In developing the report, 
     the Secretaries may consider the recommendations of the 
     Administration's Quadrennial Energy Review released on April 
     21, 2015. The report shall--
       (1) evaluate and define United States energy security to 
     reflect modern domestic and global energy markets and the 
     collective needs of the United States and its allies and 
     partners;
       (2) identify transparent and uniform or coordinated 
     procedures and criteria to ensure that energy-related actions 
     that significantly affect the supply, distribution, or use of 
     energy are evaluated with respect to their potential impact 
     on energy security, including their impact on--
       (A) consumers and the economy;
       (B) energy supply diversity and resiliency;
       (C) well-functioning and competitive energy markets;
       (D) United States trade balance; and
       (E) national security objectives; and
       (3) include a recommended implementation strategy that 
     identifies and aims to ensure that the procedures and 
     criteria referred to in paragraph (2) are--
       (A) evaluated consistently across the Federal Government; 
     and
       (B) weighed appropriately and balanced with environmental 
     considerations required by Federal law.
       (b) Participation.--In developing the report referred to in 
     subsection (a), the Secretaries may consult with relevant 
     Federal, State, private sector, and international 
     participants, as appropriate and consistent with applicable 
     law.

                     DIVISION G--FINANCIAL SERVICES

 TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES

     SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO 
                   PUBLIC OFFERING.

       Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 
     77f(e)(1)) is amended by striking ``21 days'' and inserting 
     ``15 days''.

     SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING 
                   GROWTH COMPANIES.

       Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 
     77f(e)(1)) is further amended by adding at the end the 
     following: ``An issuer that was an emerging growth company at 
     the time it submitted a confidential registration statement 
     or, in lieu thereof, a publicly filed registration statement 
     for review under this subsection but ceases to be an emerging 
     growth company thereafter shall continue to be treated as an 
     emerging market growth company for the purposes of this 
     subsection through the earlier of the date on which the 
     issuer consummates its initial public offering pursuant to 
     such registrations statement or the end of the 1-year period 
     beginning on the date the company ceases to be an emerging 
     growth company.''.

     SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING 
                   GROWTH COMPANIES.

       Section 102 of the Jumpstart Our Business Startups Act 
     (Public Law 112-106) is amended by adding at the end the 
     following:
       ``(d) Simplified Disclosure Requirements.--With respect to 
     an emerging growth company (as such term is defined under 
     section 2 of the Securities Act of 1933):
       ``(1) Requirement to include notice on forms s-1 and f-1.--
     Not later than 30 days after the date of enactment of this 
     subsection, the Securities and Exchange Commission shall 
     revise its general instructions on Forms S-1 and F-1 to 
     indicate that a registration statement filed (or submitted 
     for confidential review) by an issuer prior to an initial 
     public offering may omit financial information for historical 
     periods otherwise required by regulation S-X (17 CFR 210.1-01 
     et seq.) as of the time of filing (or confidential 
     submission) of such registration statement, provided that--
       ``(A) the omitted financial information relates to a 
     historical period that the issuer reasonably believes will 
     not be required to be included in the Form S-1 or F-1 at the 
     time of the contemplated offering; and
       ``(B) prior to the issuer distributing a preliminary 
     prospectus to investors, such registration statement is 
     amended to include all financial information required by such 
     regulation S-X at the date of such amendment.
       ``(2) Reliance by issuers.--Effective 30 days after the 
     date of enactment of this subsection, an issuer filing a 
     registration statement (or submitting the statement for 
     confidential review) on Form S-1 or Form F-1 may omit 
     financial information for historical periods otherwise 
     required by regulation S-X (17 CFR 210.1-01 et seq.) as of 
     the time of filing (or confidential submission) of such 
     registration statement, provided that--
       ``(A) the omitted financial information relates to a 
     historical period that the issuer reasonably believes will 
     not be required to be included in the Form S-1 or Form F-1 at 
     the time of the contemplated offering; and
       ``(B) prior to the issuer distributing a preliminary 
     prospectus to investors, such registration statement is 
     amended to include all financial information required by such 
     regulation S-X at the date of such amendment.''.

[[Page H8801]]

  


        TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

     SEC. 72001. SUMMARY PAGE FOR FORM 10-K.

       Not later than the end of the 180-day period beginning on 
     the date of the enactment of this Act, the Securities and 
     Exchange Commission shall issue regulations to permit issuers 
     to submit a summary page on form 10-K (17 CFR 249.310), but 
     only if each item on such summary page includes a cross-
     reference (by electronic link or otherwise) to the material 
     contained in form 10-K to which such item relates.

     SEC. 72002. IMPROVEMENT OF REGULATION S-K.

       Not later than the end of the 180-day period beginning on 
     the date of the enactment of this Act, the Securities and 
     Exchange Commission shall take all such actions to revise 
     regulation S-K (17 CFR 229.10 et seq.)--
       (1) to further scale or eliminate requirements of 
     regulation S-K, in order to reduce the burden on emerging 
     growth companies, accelerated filers, smaller reporting 
     companies, and other smaller issuers, while still providing 
     all material information to investors;
       (2) to eliminate provisions of regulation S-K, required for 
     all issuers, that are duplicative, overlapping, outdated, or 
     unnecessary; and
       (3) for which the Commission determines that no further 
     study under section 72203 is necessary to determine the 
     efficacy of such revisions to regulation S-K.

     SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICATION OF 
                   REGULATION S-K.

       (a) Study.--The Securities and Exchange Commission shall 
     carry out a study of the requirements contained in regulation 
     S-K (17 CFR 229.10 et seq.). Such study shall--
       (1) determine how best to modernize and simplify such 
     requirements in a manner that reduces the costs and burdens 
     on issuers while still providing all material information;
       (2) emphasize a company by company approach that allows 
     relevant and material information to be disseminated to 
     investors without boilerplate language or static requirements 
     while preserving completeness and comparability of 
     information across registrants; and
       (3) evaluate methods of information delivery and 
     presentation and explore methods for discouraging repetition 
     and the disclosure of immaterial information.
       (b) Consultation.--In conducting the study required under 
     subsection (a), the Commission shall consult with the 
     Investor Advisory Committee and the Advisory Committee on 
     Small and Emerging Companies.
       (c) Report.--Not later than the end of the 360-day period 
     beginning on the date of enactment of this Act, the 
     Commission shall issue a report to the Congress containing--
       (1) all findings and determinations made in carrying out 
     the study required under subsection (a);
       (2) specific and detailed recommendations on modernizing 
     and simplifying the requirements in regulation S-K in a 
     manner that reduces the costs and burdens on companies while 
     still providing all material information; and
       (3) specific and detailed recommendations on ways to 
     improve the readability and navigability of disclosure 
     documents and to discourage repetition and the disclosure of 
     immaterial information.
       (d) Rulemaking.--Not later than the end of the 360-day 
     period beginning on the date that the report is issued to the 
     Congress under subsection (c), the Commission shall issue a 
     proposed rule to implement the recommendations of the report 
     issued under subsection (c).
       (e) Rule of Construction.--Revisions made to regulation S-K 
     by the Commission under section 202 shall not be construed as 
     satisfying the rulemaking requirements under this section.

 TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND 
                              COST SAVINGS

     SEC. 73001. TECHNICAL CORRECTIONS.

       Title 31, United States Code, is amended--
       (1) in section 5112--
       (A) in subsection (q)--
       (i) by striking paragraphs (3) and (8); and
       (ii) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (3), (4), (5), and (6), respectively;
       (B) in subsection (t)(6)(B), by striking ``90 percent 
     silver and 10 percent copper'' and inserting ``not less than 
     90 percent silver''; and
       (C) in subsection (v)--
       (i) in paragraph (1), by striking ``Subject to'' and all 
     that follows through ``the Secretary shall'' and inserting 
     ``The Secretary shall'';
       (ii) in paragraph (2)(A), by striking ``The Secretary'' and 
     inserting ``To the greatest extent possible, the Secretary'';
       (iii) in paragraph (5), by inserting after ``may issue'' 
     the following: ``collectible versions of''; and
       (iv) by striking paragraph (8); and
       (2) in section 5132(a)(2)(B)(i), by striking ``90 percent 
     silver and 10 percent copper'' and inserting ``not less than 
     90 percent silver''.

     SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.

       Proof and uncirculated versions of coins issued by the 
     Secretary of the Treasury pursuant to subsection (e) of 
     section 5112 of title 31, United States Code, during calendar 
     year 2016 shall have a smooth edge incused with a designation 
     that notes the 30th anniversary of the first issue of coins 
     under such subsection.

                   TITLE LXXIV--SBIC ADVISERS RELIEF

     SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS.

       Section 203(l) of the Investment Advisers Act of 1940 (15 
     U.S.C. 80b-3(l)) is amended--
       (1) by striking ``No investment adviser'' and inserting the 
     following:
       ``(1) In general.--No investment adviser''; and
       (2) by adding at the end the following:
       ``(2) Advisers of sbics.--For purposes of this subsection, 
     a venture capital fund includes an entity described in 
     subparagraph (A), (B), or (C) of subsection (b)(7) (other 
     than an entity that has elected to be regulated or is 
     regulated as a business development company pursuant to 
     section 54 of the Investment Company Act of 1940).''.

     SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.

       Section 203(m) of the Investment Advisers Act of 1940 (15 
     U.S.C. 80b-3(m)) is amended by adding at the end the 
     following:
       ``(3) Advisers of sbics.--For purposes of this subsection, 
     the assets under management of a private fund that is an 
     entity described in subparagraph (A), (B), or (C) of 
     subsection (b)(7) (other than an entity that has elected to 
     be regulated or is regulated as a business development 
     company pursuant to section 54 of the Investment Company Act 
     of 1940) shall be excluded from the limit set forth in 
     paragraph (1).''.

     SEC. 74003. RELATIONSHIP TO STATE LAW.

       Section 203A(b)(1) of the Investment Advisers Act of 1940 
     (15 U.S.C. 80b-3a(b)(1)) 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) that is not registered under section 203 because that 
     person is exempt from registration as provided in subsection 
     (b)(7) of such section, or is a supervised person of such 
     person.''.

             TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

     SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT 
                   UNDER THE GRAMM-LEACH-BLILEY ACT.

       Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) 
     is amended by adding at the end the following:
       ``(f) Exception to Annual Notice Requirement.--A financial 
     institution that--
       ``(1) provides nonpublic personal information only in 
     accordance with the provisions of subsection (b)(2) or (e) of 
     section 502 or regulations prescribed under section 504(b), 
     and
       ``(2) has not changed its policies and practices with 
     regard to disclosing nonpublic personal information from the 
     policies and practices that were disclosed in the most recent 
     disclosure sent to consumers in accordance with this section,
     shall not be required to provide an annual disclosure under 
     this section until such time as the financial institution 
     fails to comply with any criteria described in paragraph (1) 
     or (2).''.

  TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

     SEC. 76001. EXEMPTED TRANSACTIONS.

       (a) Exempted Transactions.--Section 4 of the Securities Act 
     of 1933 (15 U.S.C. 77d) is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(7) transactions meeting the requirements of subsection 
     (d).'';
       (2) by redesignating the second subsection (b) (relating to 
     securities offered and sold in compliance with Rule 506 of 
     Regulation D) as subsection (c); and
       (3) by adding at the end the following:
       ``(d) Certain Accredited Investor Transactions.--The 
     transactions referred to in subsection (a)(7) are 
     transactions meeting the following requirements:
       ``(1) Accredited investor requirement.--Each purchaser is 
     an accredited investor, as that term is defined in section 
     230.501(a) of title 17, Code of Federal Regulations (or any 
     successor regulation).
       ``(2) Prohibition on general solicitation or advertising.--
     Neither the seller, nor any person acting on the seller's 
     behalf, offers or sells securities by any form of general 
     solicitation or general advertising.
       ``(3) Information requirement.--In the case of a 
     transaction involving the securities of an issuer that is 
     neither subject to section 13 or 15(d) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from 
     reporting pursuant to section 240.12g3-2(b) of title 17, Code 
     of Federal Regulations, nor a foreign government (as defined 
     in section 230.405 of title 17, Code of Federal Regulations) 
     eligible to register securities under Schedule B, the seller 
     and a prospective purchaser designated by the seller obtain 
     from the issuer, upon request of the seller, and the seller 
     in all cases makes available to a prospective purchaser, the 
     following information (which shall be reasonably current in 
     relation to the date of resale under this section):
       ``(A) The exact name of the issuer and the issuer's 
     predecessor (if any).
       ``(B) The address of the issuer's principal executive 
     offices.
       ``(C) The exact title and class of the security.
       ``(D) The par or stated value of the security.
       ``(E) The number of shares or total amount of the 
     securities outstanding as of the end of the issuer's most 
     recent fiscal year.
       ``(F) The name and address of the transfer agent, corporate 
     secretary, or other person responsible for transferring 
     shares and stock certificates.
       ``(G) A statement of the nature of the business of the 
     issuer and the products and services it offers, which shall 
     be presumed reasonably current if the statement is as of 12 
     months before the transaction date.
       ``(H) The names of the officers and directors of the 
     issuer.
       ``(I) The names of any persons registered as a broker, 
     dealer, or agent that shall be paid or given, directly or 
     indirectly, any commission or remuneration for such person's 
     participation in the offer or sale of the securities.
       ``(J) The issuer's most recent balance sheet and profit and 
     loss statement and similar financial statements, which 
     shall--
       ``(i) be for such part of the 2 preceding fiscal years as 
     the issuer has been in operation;

[[Page H8802]]

       ``(ii) be prepared in accordance with generally accepted 
     accounting principles or, in the case of a foreign private 
     issuer, be prepared in accordance with generally accepted 
     accounting principles or the International Financial 
     Reporting Standards issued by the International Accounting 
     Standards Board;
       ``(iii) be presumed reasonably current if--

       ``(I) with respect to the balance sheet, the balance sheet 
     is as of a date less than 16 months before the transaction 
     date; and
       ``(II) with respect to the profit and loss statement, such 
     statement is for the 12 months preceding the date of the 
     issuer's balance sheet; and

       ``(iv) if the balance sheet is not as of a date less than 6 
     months before the transaction date, be accompanied by 
     additional statements of profit and loss for the period from 
     the date of such balance sheet to a date less than 6 months 
     before the transaction date.
       ``(K) To the extent that the seller is a control person 
     with respect to the issuer, a brief statement regarding the 
     nature of the affiliation, and a statement certified by such 
     seller that they have no reasonable grounds to believe that 
     the issuer is in violation of the securities laws or 
     regulations.
       ``(4) Issuers disqualified.--The transaction is not for the 
     sale of a security where the seller is an issuer or a 
     subsidiary, either directly or indirectly, of the issuer.
       ``(5) Bad actor prohibition.--Neither the seller, nor any 
     person that has been or will be paid (directly or indirectly) 
     remuneration or a commission for their participation in the 
     offer or sale of the securities, including solicitation of 
     purchasers for the seller is subject to an event that would 
     disqualify an issuer or other covered person under Rule 
     506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is 
     subject to a statutory disqualification described under 
     section 3(a)(39) of the Securities Exchange Act of 1934.
       ``(6) Business requirement.--The issuer is engaged in 
     business, is not in the organizational stage or in bankruptcy 
     or receivership, and is not a blank check, blind pool, or 
     shell company that has no specific business plan or purpose 
     or has indicated that the issuer's primary business plan is 
     to engage in a merger or combination of the business with, or 
     an acquisition of, an unidentified person.
       ``(7) Underwriter prohibition.--The transaction is not with 
     respect to a security that constitutes the whole or part of 
     an unsold allotment to, or a subscription or participation 
     by, a broker or dealer as an underwriter of the security or a 
     redistribution.
       ``(8) Outstanding class requirement.--The transaction is 
     with respect to a security of a class that has been 
     authorized and outstanding for at least 90 days prior to the 
     date of the transaction.
       ``(e) Additional Requirements.--
       ``(1) In general.--With respect to an exempted transaction 
     described under subsection (a)(7):
       ``(A) Securities acquired in such transaction shall be 
     deemed to have been acquired in a transaction not involving 
     any public offering.
       ``(B) Such transaction shall be deemed not to be a 
     distribution for purposes of section 2(a)(11).
       ``(C) Securities involved in such transaction shall be 
     deemed to be restricted securities within the meaning of Rule 
     144 (17 CFR 230.144).
       ``(2) Rule of construction.--The exemption provided by 
     subsection (a)(7) shall not be the exclusive means for 
     establishing an exemption from the registration requirements 
     of section 5.''.
       (b) Exemption in Connection With Certain Exempt 
     Offerings.--Section 18(b)(4) of the Securities Act of 1933 
     (15 U.S.C. 77r(b)(4)) is amended--
       (1) by redesignating the second subparagraph (D) and 
     subparagraph (E) as subparagraphs (E) and (F), respectively;
       (2) in subparagraph (E), as so redesignated, by striking 
     ``; or'' and inserting a semicolon;
       (3) in subparagraph (F), as so redesignated, by striking 
     the period and inserting ``; or''; and
       (4) by adding at the end the following new subparagraph:
       ``(G) section 4(a)(7).''.

     TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

     SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.

       Section 222 of the Low-Income Housing Preservation and 
     Resident Homeownership Act of 1990 (12 U.S.C. 4112) is 
     amended by adding at the end the following new subsection:
       ``(e) Distribution and Residual Receipts.--
       ``(1) Authority.--After the date of the enactment of this 
     subsection, the owner of a property subject to a plan of 
     action or use agreement pursuant to this section shall be 
     entitled to distribute--
       ``(A) annually, all surplus cash generated by the property, 
     but only if the owner is in material compliance with such use 
     agreement including compliance with prevailing physical 
     condition standards established by the Secretary; and
       ``(B) notwithstanding any conflicting provision in such use 
     agreement, any funds accumulated in a residual receipts 
     account, but only if the owner is in material compliance with 
     such use agreement and has completed, or set aside sufficient 
     funds for completion of, any capital repairs identified by 
     the most recent third party capital needs assessment.
       ``(2) Operation of property.--An owner that distributes any 
     amounts pursuant to paragraph (1) shall--
       ``(A) continue to operate the property in accordance with 
     the affordability provisions of the use agreement for the 
     property for the remaining useful life of the property;
       ``(B) as required by the plan of action for the property, 
     continue to renew or extend any project-based rental 
     assistance contract for a term of not less than 20 years; and
       ``(C) if the owner has an existing multi-year project-based 
     rental assistance contract for less than 20 years, have the 
     option to extend the contract to a 20-year term.''.

     SEC. 77002. FUTURE REFINANCINGS.

       Section 214 of the Low-Income Housing Preservation and 
     Resident Homeownership Act of 1990 (12 U.S.C. 4104) is 
     amended by adding at the end the following new subsection:
       ``(c) Future Financing.--Neither this section, nor any plan 
     of action or use agreement implementing this section, shall 
     restrict an owner from obtaining a new loan or refinancing an 
     existing loan secured by the project, or from distributing 
     the proceeds of such a loan; except that, in conjunction with 
     such refinancing--
       ``(1) the owner shall provide for adequate rehabilitation 
     pursuant to a capital needs assessment to ensure long-term 
     sustainability of the property satisfactory to the lender or 
     bond issuance agency;
       ``(2) any resulting budget-based rent increase shall 
     include debt service on the new financing, commercially 
     reasonable debt service coverage, and replacement reserves as 
     required by the lender; and
       ``(3) for tenants of dwelling units not covered by a 
     project- or tenant-based rental subsidy, any rent increases 
     resulting from the refinancing transaction may not exceed 10 
     percent per year, except that--
       ``(A) any tenant occupying a dwelling unit as of time of 
     the refinancing may not be required to pay for rent and 
     utilities, for the duration of such tenancy, an amount that 
     exceeds the greater of--
       ``(i) 30 percent of the tenant's income; or
       ``(ii) the amount paid by the tenant for rent and utilities 
     immediately before such refinancing; and
       ``(B) this paragraph shall not apply to any tenant who does 
     not provide the owner with proof of income.
     Paragraph (3) may not be construed to limit any rent 
     increases resulting from increased operating costs for a 
     project.''.

     SEC. 77003. IMPLEMENTATION.

       The Secretary of Housing and Urban Development shall issue 
     any guidance that the Secretary considers necessary to carry 
     out the provisions added by the amendments made by this title 
     not later than the expiration of the 120-day period beginning 
     on the date of the enactment of this Act.

            TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

     SEC. 78001. REVIEWS OF FAMILY INCOMES.

       (a) In General.--The second sentence of paragraph (1) of 
     section 3(a) of the United States Housing Act of 1937 (42 
     U.S.C. 1437a(a)(1)) is amended by inserting before the period 
     at the end the following: ``; except that, in the case of any 
     family with a fixed income, as defined by the Secretary, 
     after the initial review of the family's income, the public 
     housing agency or owner shall not be required to conduct a 
     review of the family's income for any year for which such 
     family certifies, in accordance with such requirements as the 
     Secretary shall establish, which shall include policies to 
     adjust for inflation-based income changes, that 90 percent or 
     more of the income of the family consists of fixed income, 
     and that the sources of such income have not changed since 
     the previous year, except that the public housing agency or 
     owner shall conduct a review of each such family's income not 
     less than once every 3 years''.
       (b) Housing Choice Voucher Program.--Subparagraph (A) of 
     section 8(o)(5) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(5)(A)) is amended by striking ``not less than 
     annually'' and inserting ``as required by section 3(a)(1) of 
     this Act''.

               TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

     SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.

       Subsection (g) of section 423 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11383(g)) is amended by 
     inserting ``private nonprofit organization,'' after ``unit of 
     general local government,''.

     SEC. 79002. REALLOCATION OF FUNDS.

       Paragraph (1) of section 414(d) of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11373(d)(1)) is amended by 
     striking ``twice'' and inserting ``once''.

                  TITLE LXXX--CHILD SUPPORT ASSISTANCE

     SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL 
                   CHILD SUPPORT ENFORCEMENT AGENCIES.

       Paragraph (4) of section 604(a) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681b(a)(4)) is amended--
       (1) in subparagraph (A), by striking ``or determining the 
     appropriate level of such payments'' and inserting ``, 
     determining the appropriate level of such payments, or 
     enforcing a child support order, award, agreement, or 
     judgment'';
       (2) in subparagraph (B)--
       (A) by striking ``paternity'' and inserting ``parentage''; 
     and
       (B) by adding ``and'' at the end;
       (3) by striking subparagraph (C); and
       (4) by redesignating subparagraph (D) as subparagraph (C).

               TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

     SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY 
                   AND WATER CONSERVATION IMPROVEMENTS AT 
                   MULTIFAMILY RESIDENTIAL UNITS.

       (a) Establishment.--The Secretary of Housing and Urban 
     Development (in this section referred to as the 
     ``Secretary'') shall establish a demonstration program under 
     which the Secretary may execute budget-neutral, performance-
     based agreements in fiscal years 2016 through 2019 that 
     result in a reduction in energy or water costs with such 
     entities as the Secretary determines to be appropriate under 
     which

[[Page H8803]]

     the entities shall carry out projects for energy or water 
     conservation improvements at not more than 20,000 residential 
     units in multifamily buildings participating in--
       (1) the project-based rental assistance program under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f), other than assistance provided under section 8(o) of 
     that Act;
       (2) the supportive housing for the elderly program under 
     section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
       (3) the supportive housing for persons with disabilities 
     program under section 811(d)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
       (b) Requirements.--
       (1) Payments contingent on savings.--
       (A) In general.--The Secretary shall provide to an entity a 
     payment under an agreement under this section only during 
     applicable years for which an energy or water cost savings is 
     achieved with respect to the applicable multifamily portfolio 
     of properties, as determined by the Secretary, in accordance 
     with subparagraph (B).
       (B) Payment methodology.--
       (i) In general.--Each agreement under this section shall 
     include a pay-for-success provision that--

       (I) shall serve as a payment threshold for the term of the 
     agreement; and
       (II) requires that payments shall be contingent on realized 
     cost savings associated with reduced utility consumption in 
     the participating properties.

       (ii) Limitations.--A payment made by the Secretary under an 
     agreement under this section--

       (I) shall be contingent on documented utility savings; and
       (II) shall not exceed the utility savings achieved by the 
     date of the payment, and not previously paid, as a result of 
     the improvements made under the agreement.

       (C) Third-party verification.--Savings payments made by the 
     Secretary under this section shall be based on a measurement 
     and verification protocol that includes at least--
       (i) establishment of a weather-normalized and occupancy-
     normalized utility consumption baseline established pre-
     retrofit;
       (ii) annual third-party confirmation of actual utility 
     consumption and cost for utilities;
       (iii) annual third-party validation of the tenant utility 
     allowances in effect during the applicable year and vacancy 
     rates for each unit type; and
       (iv) annual third-party determination of savings to the 
     Secretary.
     An agreement under this section with an entity shall provide 
     that the entity shall cover costs associated with third-party 
     verification under this subparagraph.
       (2) Terms of performance-based agreements.--A performance-
     based agreement under this section shall include--
       (A) the period that the agreement will be in effect and 
     during which payments may be made, which may not be longer 
     than 12 years;
       (B) the performance measures that will serve as payment 
     thresholds during the term of the agreement;
       (C) an audit protocol for the properties covered by the 
     agreement;
       (D) a requirement that payments shall be contingent on 
     realized cost savings associated with reduced utility 
     consumption in the participating properties; and
       (E) such other requirements and terms as determined to be 
     appropriate by the Secretary.
       (3) Entity eligibility.--The Secretary shall--
       (A) establish a competitive process for entering into 
     agreements under this section; and
       (B) enter into such agreements only with entities that, 
     either jointly or individually, demonstrate significant 
     experience relating to--
       (i) financing or operating properties receiving assistance 
     under a program identified in subsection (a);
       (ii) oversight of energy or water conservation programs, 
     including oversight of contractors; and
       (iii) raising capital for energy or water conservation 
     improvements from charitable organizations or private 
     investors.
       (4) Geographical diversity.--Each agreement entered into 
     under this section shall provide for the inclusion of 
     properties with the greatest feasible regional and State 
     variance.
       (5) Properties.--A property may only be included in the 
     demonstration under this section only if the property is 
     subject to affordability restrictions for at least 15 years 
     after the date of the completion of any conservation 
     improvements made to the property under the demonstration 
     program. Such restrictions may be made through an extended 
     affordability agreement for the property under a new housing 
     assistance payments contract with the Secretary of Housing 
     and Urban Development or through an enforceable covenant with 
     the owner of the property.
       (c) Plan and Reports.--
       (1) Plan.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations and Financial Services of the 
     House of Representatives and the Committees on Appropriations 
     and Banking, Housing, and Urban Affairs of the Senate a 
     detailed plan for the implementation of this section.
       (2) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall--
       (A) conduct an evaluation of the program under this 
     section; and
       (B) submit to Congress a report describing each evaluation 
     conducted under subparagraph (A).
       (d) Funding.--For each fiscal year during which an 
     agreement under this section is in effect, the Secretary may 
     use to carry out this section any funds appropriated to the 
     Secretary for the renewal of contracts under a program 
     described in subsection (a).

TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

     SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO 
                   BECOME MEMBERS OF A FEDERAL HOME LOAN BANK.

       (a) In General.--Section 4(a) of the Federal Home Loan Bank 
     Act (12 U.S.C. 1424(a)) is amended by adding at the end the 
     following new paragraph:
       ``(5) Certain privately insured credit unions.--
       ``(A) In general.--Subject to the requirements of 
     subparagraph (B), a credit union shall be treated as an 
     insured depository institution for purposes of determining 
     the eligibility of such credit union for membership in a 
     Federal home loan bank under paragraphs (1), (2), and (3).
       ``(B) Certification by appropriate supervisor.--
       ``(i) In general.--For purposes of this paragraph and 
     subject to clause (ii), a credit union which lacks Federal 
     deposit insurance and which has applied for membership in a 
     Federal home loan bank may be treated as meeting all the 
     eligibility requirements for Federal deposit insurance only 
     if the appropriate supervisor of the State in which the 
     credit union is chartered has determined that the credit 
     union meets all the eligibility requirements for Federal 
     deposit insurance as of the date of the application for 
     membership.
       ``(ii) Certification deemed valid.--If, in the case of any 
     credit union to which clause (i) applies, the appropriate 
     supervisor of the State in which such credit union is 
     chartered fails to make a determination pursuant to such 
     clause by the end of the 6-month period beginning on the date 
     of the application, the credit union shall be deemed to have 
     met the requirements of clause (i).
       ``(C) Security interests of federal home loan bank not 
     avoidable.--Notwithstanding any provision of State law 
     authorizing a conservator or liquidating agent of a credit 
     union to repudiate contracts, no such provision shall apply 
     with respect to--
       ``(i) any extension of credit from any Federal home loan 
     bank to any credit union which is a member of any such bank 
     pursuant to this paragraph; or
       ``(ii) any security interest in the assets of such credit 
     union securing any such extension of credit.
       ``(D) Protection for certain federal home loan bank 
     advances.--Notwithstanding any State law to the contrary, if 
     a Bank makes an advance under section 10 to a State-chartered 
     credit union that is not federally insured--
       ``(i) the Bank's interest in any collateral securing such 
     advance has the same priority and is afforded the same 
     standing and rights that the security interest would have had 
     if the advance had been made to a federally insured credit 
     union; and
       ``(ii) the Bank has the same right to access such 
     collateral that the Bank would have had if the advance had 
     been made to a federally insured credit union.''.
       (b) Copies of Audits of Private Insurers of Certain 
     Depository Institutions Required To Be Provided to 
     Supervisory Agencies.--Section 43(a)(2)(A) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t(a)(2)(A)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting at the end the following new clause:
       ``(iii) in the case of depository institutions described in 
     subsection (e)(2)(A) the deposits of which are insured by the 
     private insurer which are members of a Federal home loan 
     bank, to the Federal Housing Finance Agency, not later than 7 
     days after the audit is completed.''.

     SEC. 82002. GAO REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct a study and submit a report to Congress--
       (1) on the adequacy of insurance reserves held by a private 
     deposit insurer that insures deposits in an entity described 
     in section 43(e)(2)(A) of the Federal Deposit Insurance Act 
     (12 U.S.C. 1831t(e)(2)(A)); and
       (2) for an entity described in paragraph (1) the deposits 
     of which are insured by a private deposit insurer, 
     information on the level of compliance with Federal 
     regulations relating to the disclosure of a lack of Federal 
     deposit insurance.

              TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

     SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH 
                   EXAMINATION CYCLE.

       Section 10(d) of the Federal Deposit Insurance Act (12 
     U.S.C. 1820(d)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking ``$500,000,000'' and 
     inserting ``$1,000,000,000''; and
       (B) in subparagraph (C)(ii), by striking ``$100,000,000'' 
     and inserting ``$200,000,000''; and
       (2) in paragraph (10)--
       (A) by striking ``$100,000,000'' and inserting 
     ``$200,000,000''; and
       (B) by striking ``$500,000,000'' and inserting 
     ``$1,000,000,000''.

            TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

     SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR FORM S-1.

       Not later than 45 days after the date of the enactment of 
     this Act, the Securities and Exchange Commission shall revise 
     Form S-1 so as to permit a smaller reporting company (as 
     defined in section 230.405 of title 17, Code of Federal 
     Regulations) to incorporate by reference in

[[Page H8804]]

     a registration statement filed on such form any documents 
     that such company files with the Commission after the 
     effective date of such registration statement.

    TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

     SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN 
                   HOLDING COMPANIES.

       The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 
     is amended--
       (1) in section 12(g)--
       (A) in paragraph (1)(B), by inserting after ``is a bank'' 
     the following: ``, a savings and loan holding company (as 
     defined in section 10 of the Home Owners' Loan Act),''; and
       (B) in paragraph (4), by inserting after ``case of a bank'' 
     the following: ``, a savings and loan holding company (as 
     defined in section 10 of the Home Owners' Loan Act),''; and
       (2) in section 15(d), by striking ``case of bank'' and 
     inserting the following: ``case of a bank, a savings and loan 
     holding company (as defined in section 10 of the Home Owners' 
     Loan Act),''.

          TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

     SEC. 86001. REPEAL.

       (a) Derivatives Clearing Organizations.--Section 5b(k)(5) 
     of the Commodity Exchange Act (7 U.S.C. 7a-1(k)(5)) is 
     amended to read as follows:
       ``(5) Confidentiality agreement.--Before the Commission may 
     share information with any entity described in paragraph (4), 
     the Commission shall receive a written agreement from each 
     entity stating that the entity shall abide by the 
     confidentiality requirements described in section 8 relating 
     to the information on swap transactions that is provided.''.
       (b) Swap Data Repositories.--Section 21 of the Commodity 
     Exchange Act (7 U.S.C. 24a(d)) is amended--
       (1) in subsection (c)(7)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``all'' and inserting ``swap''; and
       (B) in subparagraph (E)--
       (i) in clause (ii), by striking ``and'' at the end; and
       (ii) by adding at the end the following:
       ``(iv) other foreign authorities; and''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Confidentiality Agreement.--Before the swap data 
     repository may share information with any entity described in 
     subsection (c)(7), the swap data repository shall receive a 
     written agreement from each entity stating that the entity 
     shall abide by the confidentiality requirements described in 
     section 8 relating to the information on swap transactions 
     that is provided.''.
       (c) Security-based Swap Data Repositories.--Section 
     13(n)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78m(n)(5)) is amended--
       (1) in subparagraph (G)--
       (A) in the matter preceding clause (i), by striking ``all'' 
     and inserting ``security-based swap''; and
       (B) in clause (v)--
       (i) in subclause (II), by striking ``; and'' and inserting 
     a semicolon;
       (ii) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:

       ``(IV) other foreign authorities.''; and

       (2) by striking subparagraph (H) and inserting the 
     following:
       ``(H) Confidentiality agreement.--Before the security-based 
     swap data repository may share information with any entity 
     described in subparagraph (G), the security-based swap data 
     repository shall receive a written agreement from each entity 
     stating that the entity shall abide by the confidentiality 
     requirements described in section 24 relating to the 
     information on security-based swap transactions that is 
     provided.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if enacted as part of the Dodd-Frank 
     Wall Street Reform and Consumer Protection Act (Public Law 
     111-203).

   TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER 
                              INSTITUTIONS

     SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS.

       Section 171(b)(4)(C) of the Financial Stability Act of 2010 
     (12 U.S.C. 5371(b)(4)(C)) is amended by inserting ``or March 
     31, 2010,'' after ``December 31, 2009,''.

               TITLE LXXXVIII--STATE LICENSING EFFICIENCY

     SECTION 88001. SHORT TITLE.

       This title may be cited as the ``State Licensing Efficiency 
     Act of 2015''.

     SEC. 88002. BACKGROUND CHECKS.

       Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 
     2008 (12 U.S.C. 5110(a)) is amended--
       (1) by inserting ``and other financial service providers'' 
     after ``State-licensed loan originators''; and
       (2) by inserting ``or other financial service providers'' 
     before the period at the end.

  TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

     SEC. 89001. SHORT TITLE.

       This title may be cited as the ``Helping Expand Lending 
     Practices in Rural Communities Act of 2015'' or the ``HELP 
     Rural Communities Act of 2015''.

     SEC. 89002. DESIGNATION OF RURAL AREA.

       (a) Application.--Not later than 90 days after the date of 
     the enactment of this Act, the Bureau of Consumer Financial 
     Protection shall establish an application process under which 
     a person who lives or does business in a State may, with 
     respect to an area identified by the person in such State 
     that has not been designated by the Bureau as a rural area 
     for purposes of a Federal consumer financial law (as defined 
     under section 1002 of the Consumer Financial Protection Act 
     of 2010), apply for such area to be so designated.
       (b) Evaluation Criteria.--When evaluating an application 
     submitted under subsection (a), the Bureau shall take into 
     consideration the following factors:
       (1) Criteria used by the Director of the Bureau of the 
     Census for classifying geographical areas as rural or urban.
       (2) Criteria used by the Director of the Office of 
     Management and Budget to designate counties as metropolitan 
     or micropolitan or neither.
       (3) Criteria used by the Secretary of Agriculture to 
     determine property eligibility for rural development 
     programs.
       (4) The Department of Agriculture rural-urban commuting 
     area codes.
       (5) A written opinion provided by the State's bank 
     supervisor, as defined under section 3(r) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1813(r)).
       (6) Population density.
       (c) Rule of Construction.--If, at any time prior to the 
     submission of an application under subsection (a), the area 
     subject to review has been designated as nonrural by any 
     Federal agency described under subsection (b) using any of 
     the criteria described under subsection (b), the Bureau shall 
     not be required to consider such designation in its 
     evaluation.
       (d) Public Comment Period.--
       (1) In general.--Not later than 60 days after receiving an 
     application submitted under subsection (a), the Bureau 
     shall--
       (A) publish such application in the Federal Register; and
       (B) make such application available for public comment for 
     not fewer than 90 days.
       (2)  Limitation on additional applications.--Nothing in 
     this section shall be construed to require the Bureau, during 
     the public comment period with respect to an application 
     submitted under subsection (a), to accept an additional 
     application with respect to the area that is the subject of 
     the initial application.
       (e) Decision on Designation.--Not later than 90 days after 
     the end of the public comment period under subsection (d)(1) 
     for an application, the Bureau shall--
       (1) grant or deny such application, in whole or in part; 
     and
       (2) publish such grant or denial in the Federal Register, 
     along with an explanation of what factors the Bureau relied 
     on in making such determination.
       (f) Subsequent Applications.--A decision by the Bureau 
     under subsection (e) to deny an application for an area to be 
     designated as a rural area shall not preclude the Bureau from 
     accepting a subsequent application submitted under subsection 
     (a) for such area to be so designated, so long as such 
     subsequent application is made after the end of the 90-day 
     period beginning on the date that the Bureau denies the 
     application under subsection (e).
       (g) Sunset.--This section shall cease to have any force or 
     effect after the end of the 2-year period beginning on the 
     date of the enactment of this Act.

     SEC. 89003. OPERATIONS IN RURAL AREAS.

       The Truth in Lending Act (15 U.S.C. 1601 et seq.) is 
     amended--
       (1) in section 129C(b)(2)(E)(iv)(I), by striking 
     ``predominantly''; and
       (2) in section 129D(c)(1), by striking ``predominantly''.
       And the House agree to the same.
     From the Committee on Transportation and Infrastructure, for 
     consideration of the House amendment and the Senate 
     amendment, and modifications committed to conference:
     Bill Shuster,
     John J. Duncan, Jr.,
     Sam Graves,
     Candice S. Miller,
     Eric A. ``Rick'' Crawford,
     Lou Barletta,
     Blake Farenthold,
     Bob Gibbs,
     Jeff Denham,
     Reid J. Ribble,
     Scott Perry,
     Rob Woodall,
     John Katko,
     Brian Babin,
     Cresent Hardy,
     Garret Graves,
     Peter A. DeFazio,
     Eleanor Holmes Norton,
     Jerrold Nadler,
     Corrine Brown,
     Eddie Bernice Johnson,
     Elijah E. Cummings,
     Rick Larsen,
     Michael E. Capuano,
     Grace F. Napolitano,
     Daniel Lipinski,
     Steve Cohen,
     Albio Sires,
     As additional conferees from the Committee on Armed Services, 
     for consideration of sec. 1111 of the House amendment, and 
     modifications committed to conference:
     Mac Thornberry,
     Loretta Sanchez,
     As additional conferees from the Committee on Energy and 
     Commerce, for consideration of secs. 1109, 1201, 1202, 3003, 
     Division B, secs. 31101, 31201, and Division F of the House 
     amendment and secs. 11005, 11006, 11013, 21003, 21004, 
     subtitles B and D of title XXXIV, secs. 51101 and 51201 of 
     the Senate amendment, and modifications committed to 
     conference:
     Fred Upton,
     Markwayne Mullin,
     Frank Pallone, Jr.,

[[Page H8805]]

     As additional conferees from the Committee on Financial 
     Services, for consideration of sec. 32202 and Division G of 
     the House amendment and secs. 52203 and 52205 of the Senate 
     amendment, and modifications committed to conference:
     Maxine Waters,
     As additional conferees from the Committee on the Judiciary, 
     for consideration of secs. 1313, 24406, and 43001 of the 
     House amendment and secs. 32502 and 35437 of the Senate 
     amendment, and modifications committed to conference:
     Bob Goodlatte,
     Tom Marino,
     Zoe Lofgren,
     As additional conferees from the Committee on Natural 
     Resources, for consideration of secs. 1114-16, 1120, 1301, 
     1302, 1304, 1305, 1307, 1308, 1310-13, 1316, 1317, 10001, and 
     10002 of the House amendment and secs. 11024-27, 11101-13, 
     11116-18, 15006, 31103-05, and 73103 of the Senate amendment 
     and modifications committed to conference:
     Glenn Thompson,
     Darin LaHood,
     As additional conferees from the Committee on Oversight and 
     Government Reform, for consideration of secs. 5106, 5223, 
     5504, 5505, 61003, and 61004 of the House amendment and secs. 
     12004, 21019, 31203, 32401, 32508, 32606, 35203, 35311, and 
     35312 of the Senate amendment, and modifications committed to 
     conference:
     John L. Mica,
     Will Hurd,
     Gerald E. Connolly,
     As additional conferees from the Committee on Science, Space, 
     and Technology, for consideration of secs. 3008, 3015, 4003, 
     and title VI of the House amendment and secs. 11001, 12001, 
     12002, 12004, 12102, 21009, 21017, subtitle B of title XXXI, 
     secs. 35105 and 72003 of the Senate amendment, and 
     modifications committed to conference:
     Lamar Smith,
     Barbara Comstock,
     Donna F. Edwards,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of secs. 31101, 31201, and 31203 of the 
     House amendment, and secs. 51101, 51201, 51203, 52101, 52103-
     05, 52108, 62001, and 74001 of the Senate amendment, and 
     modifications committed to conference:
     Kevin Brady,
     David G. Reichert,
     Sander Levin,
                                Managers on the Part of the House.

     James M. Inhofe,
     John Thune,
     Orrin G. Hatch,
     Lisa Murkowski,
     Deb Fischer,
     John Barrasso,
     John Cornyn,
     Barbara Boxer,
     Bill Nelson,
     Richard J. Durbin,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the amendment of the Senate to the 
     bill (H.R. 22), to authorize funds for Federal-aid highways, 
     highway safety programs, and transit programs, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effect of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House amendment struck out that matter proposed to be 
     inserted by the Senate amendment and inserted a substitute 
     text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     House bill, the Senate amendment, and the House amendment. 
     The differences between the House bill, the Senate amendment, 
     the House amendment, and the substitute agreed to in 
     conference are noted below, except for clerical corrections, 
     conforming changes made necessary by agreements reached by 
     the conferees, and minor drafting and clarifying changes.

     Joint Explanatory Statement of the Committee of the Conference

       H.R. 22, Fixing America's Surface Transportation Act (FAST 
     Act) authorizes federal surface transportation programs 
     through fiscal year (FY) 2020. The FAST Act improves our 
     Nation's infrastructure, reforms federal surface 
     transportation programs, refocuses those programs on 
     addressing national priorities, and encourages innovation to 
     make the surface transportation system safer and more 
     efficient.

                   DIVISION A--SURFACE TRANSPORTATION

                     Title I--Federal-Aid Highways

       Title I of the FAST Act reauthorizes the Federal-aid 
     Highway and highway safety construction programs through FY 
     2020, establishes new programs to promote the efficient 
     movement of freight and support large-scale projects of 
     national or regional significance, and makes other policy 
     changes and reforms.
     Refocuses on National Priorities
       The FAST Act focuses on the importance of goods movement to 
     the U.S. economy by establishing a new formula program for 
     highway freight projects, and emphasizes the need to address 
     large-scale projects of national or regional importance by 
     establishing a new competitive grant program, the Nationally 
     Significant Freight and Highway Projects (NSFHP) program. 
     Both programs provide limited eligibility for intermodal and 
     freight rail projects. The Act also modifies the National 
     Highway Freight Network created by the Moving Ahead for 
     Progress in the 21st Century Act (MAP-21), and requires the 
     redesignation of the Network every five years to reflect 
     changes in freight flows, including emerging freight 
     corridors and critical commerce corridors.
       The NSFHP program will facilitate the construction of 
     infrastructure projects that are difficult to complete solely 
     using existing federal, state, local, and private funds. 
     Among other purposes, projects supported by this program will 
     reduce the impact of congestion, generate national and 
     regional economic benefits, and facilitate the efficient 
     movement of freight. This program emphasizes the importance 
     of addressing transportation impediments, which significantly 
     slow interstate commerce. Across the country there are 
     significant bottlenecks that could benefit from this program, 
     which would provide substantial grant funding for 
     infrastructure projects.
       To address deficient bridges, the FAST Act continues the 
     set-aside for off-system bridges, and expands funding 
     available for on-system bridges located off the National 
     Highway System.
     Increases Flexibility
       The FAST Act converts the Surface Transportation Program 
     (STP) to a block grant program, maximizing the flexibility of 
     STP for states and local governments. It also increases the 
     amount of STP funding that is distributed to local 
     governments from 50 percent to 55 percent over the life of 
     the bill. The Act provides states and local governments with 
     increased flexibility by rolling the Transportation 
     Alternatives Program into STP, and allowing 50 percent of 
     certain transportation alternatives funding suballocated to 
     local areas to be used on any STP-eligible project.
       The FAST Act expands eligibility for the Transportation 
     Infrastructure Finance and Innovation Act (TIFIA) program by 
     allowing states to use National Highway Performance Program, 
     STP block grant, and NSFHP funds to pay the subsidy and 
     administrative costs associated with providing TIFIA credit 
     assistance.
     Streamlines Reviews, Reduces Bureaucracy, & Increases 
         Transparency
       The FAST Act streamlines the environmental review and 
     permitting process to accelerate project approvals. The Act 
     includes important reforms to align environmental reviews for 
     historic properties. In addition, it establishes a new pilot 
     program to allow up to five states to substitute their own 
     environmental laws and regulations for the National 
     Environmental Policy Act (NEPA) if the state's laws and 
     regulations are at least as stringent as NEPA. The Act also 
     requires an assessment of previous efforts to accelerate the 
     environmental review process, as well as recommendations on 
     additional means of accelerating the project delivery process 
     in a responsible manner.
       The FAST Act increases the transparency of the Federal-aid 
     Highway Program by requiring Federal Highway Administration 
     (FHWA) to provide project-level information to Congress and 
     the public. This information permits monitoring of projects 
     for cost overruns and assists Congress in understanding how 
     states are using their Federal-aid Highway funds.
     Promotes Innovative Technologies
       The FAST Act provides for the deployment of transportation 
     technologies and congestion management tools that support an 
     efficient and safe surface transportation system. It 
     encourages the installation of vehicle-to-infrastructure 
     equipment to reduce congestion and improve safety.
     Focus on Highway Safety
       The FAST Act increases the focus on roadway safety 
     infrastructure and on the safety needs of pedestrians. In 
     addition, there is an increase in funding to improve the 
     safety of railway-highway grade crossings.
     Additional Provisions
       The FAST Act removes a requirement which would have 
     required states to collect superfluous data on unpaved and 
     gravel roads. It also bans the use of funding for automated 
     traffic enforcement systems.
     Additional Explanatory Language
       The conferees intend that a wide range of freight projects 
     be eligible under the new formula and competitive grant 
     programs, including projects that eliminate freight 
     bottlenecks, use new technologies to improve the efficiency 
     of freight movement, and modify highways to provide 
     additional freight capacity, including by physically 
     separating passenger vehicles from commercial trucks.
       The conference report expands the flexibility for the use 
     of Congestion Mitigation and Air Quality Improvement Program 
     (CMAQ) funds for rural states and for the use of CMAQ funds 
     for port-related freight operations and vehicle-
     infrastructure communications equipment.
       The conferees intend that none of the amendments made by 
     section 1308 affect the authority of the U.S. Department of 
     Justice

[[Page H8806]]

     related to an approved state's implementation of NEPA that 
     existed prior to the date of enactment of this Act.
       Pursuant to section 1403 of the conference report, 
     conferees intend that additional monies deposited into the 
     Highway Trust Fund by subsequent Acts shall automatically be 
     made available for obligation to states, without further 
     action by Congress. These adjustments to contract authority, 
     which will be distributed among authorized programs in the 
     same manner as set forth in the FAST Act, will ensure that 
     any funding that flows into the Highway Trust Fund can 
     immediately be used to fund necessary surface transportation 
     investments.

                  Title II--Innovative Project Finance

       Title II of the FAST Act makes additional modifications to 
     improve access to the TIFIA program and expand leveraging 
     opportunities. Specifically, it updates the TIFIA program to 
     enable it to be better utilized by rural areas and more 
     accessible for small projects. This is accomplished by using 
     the leveraging ability of TIFIA to support state 
     infrastructure banks and allowing the U.S. Department of 
     Transportation (USDOT) to set-aside TIFIA funding in order to 
     replace the fees typically collected from TIFIA borrowers to 
     pay for independent financial analysis and outside counsel 
     for rural projects.
       The conference report also directs USDOT to establish a 
     streamlined application process for use by an eligible 
     applicant under certain circumstances. It also makes transit-
     oriented development projects eligible to apply for TIFIA 
     loans and reinstates the ability of a state to capitalize 
     their state infrastructure bank with their federal-aid 
     highway funds for fiscal years 2016 through 2020.
       Lastly, the conference report codifies an existing USDOT 
     practice of allowing costs related to highway projects 
     delivered by a public-private partnership that uses an 
     advance construction authorization coupled with the 
     availability payment concession model to be eligible for 
     federal-aid reimbursement.

                    Title III--Public Transportation

       Title III of the FAST Act reauthorizes the programs of the 
     Federal Transit Administration (FTA) through FY 2020 and 
     includes a number of reforms to improve mobility, streamline 
     capital project construction and acquisition, and increase 
     the safety of public transportation systems across the 
     country.
     Invests in Public Transportation
       The FAST Act provides stable, robust funding for FTA's 
     state and local partners. The five years of predictable 
     formula funding provided by this Act will enable recipients 
     to better manage their long-term capital assets and address 
     the backlog of state of good repair needs. It also includes 
     funding for new competitive grant programs for buses and bus 
     facilities, innovative transportation coordination, frontline 
     workforce training, and public transportation research 
     activities. Overall, the investments made by this Act will 
     promote greater mobility and access to public transportation 
     services throughout the Nation.
     Improves Safety
       The FAST Act clarifies FTA's safety authority with respect 
     to the oversight of, and responsibilities for, the safe 
     operation of rail fixed guideway public transportation 
     systems. It also requires the Secretary of Transportation 
     (Secretary) to undertake a review of safety standards and 
     protocols and evaluate the need to establish federal minimum 
     public transportation safety standards. Finally, the Act 
     requires the Secretary to promote workforce safety through a 
     rulemaking process.
     Promotes Wise Investments
       The FAST Act includes a number of reforms to the rolling 
     stock procurement process in an effort to facilitate more 
     cost-effective investments by public transportation agencies. 
     The conferees are aware that one of the biggest challenges to 
     capital asset acquisition, particularly for small and rural 
     public transportation providers, is the high purchasing costs 
     attributable to the relatively small size of the procurement. 
     The Act addresses current purchasing power issues for smaller 
     public transportation providers by supporting cooperative 
     procurements and leasing.
     Additional Explanatory Language
       The conference report includes language clarifying the 
     program of interrelated projects under the Capital Investment 
     Grant program. The conferees intend to ensure that project 
     sponsors have the option to seek funding for a program that 
     blends new fixed guideway capital projects, core capacity 
     improvement projects, and small start projects as well as a 
     program of projects that are only new fixed guideway capital 
     projects, core capacity improvement projects, or small start 
     projects.
       The conferees note the ongoing efforts of the USDOT in 
     coordination with the U.S. Department of Treasury to advance 
     the Build America Investment Initiative (Initiative). This 
     Initiative is intended to increase infrastructure investment 
     and economic growth by engaging with state and local 
     governments and private sector investors to encourage 
     collaboration, expand the market for public-private 
     partnerships and put federal credit programs to greater use. 
     The conferees encourage the USDOT to utilize all available 
     tools, including the National Surface Transportation and 
     Innovative Finance Bureau and the Expedited Project Delivery 
     for Capital Investment Grants Pilot Program established in 
     section 3005(b) for public transportation infrastructure 
     projects.
       Section 3005(b) establishes a program for the expedited 
     project delivery of projects utilizing public-private 
     partnerships. The program streamlines the project delivery 
     process for up to eight grants for new fixed guideway capital 
     projects, core capacity improvement projects, or small start 
     projects. The conferees seek to expedite projects that have a 
     federal interest of less than 25 percent. The conferees 
     intend state and local governments, as well as private 
     investors to complete their due diligence for a project prior 
     to their agreement to commit to the project. This pilot 
     program maintains the Secretary's discretion to determine 
     that the eligible project is a part of an approved 
     transportation plan; that the applicant has the legal, 
     financial, and technical capacity to carry out the project; 
     that the project will be supported by a public-private 
     partnership; that the project is supported by an acceptable 
     degree of local financial commitment; and that the project 
     will be operated by existing public transportation providers. 
     The conferees do not intend for public-private partnerships 
     to be a means to privatization, rather the pilot program is 
     intended to ensure that the FTA has all of the tools 
     necessary to allow public transportation infrastructure 
     projects to more effectively leverage public dollars and 
     encourage private investment through an innovative expedited 
     project delivery method.
       The conferees expect that all projects receiving funding 
     through this expedited process enter into revenue service. 
     Therefore, the conference report includes a provision 
     specifying that an applicant must repay all federal funds 
     awarded for the project from all federal funding sources, for 
     all eligible project activities, facilities, and equipment, 
     plus interest and penalty charges allowed by law if a project 
     is not completed. This provision is intended to ensure that 
     all federal interest is protected and returned plus interest 
     if a public-private partnership fails to deliver a project.
       Section 3005(b) requires the Secretary to deliver an annual 
     report on expedited project delivery for capital grants. As 
     with full funding grant agreements under section 5309, this 
     pilot program requires each recipient to conduct a before and 
     after study report, with an additional description and 
     analysis of predicted and actual benefits and costs of the 
     innovative project delivery and financing methods.
       The conference report includes a provision to promote the 
     local coordination of all transportation services in an area. 
     The purpose of this provision is to ensure that all 
     transportation providers receiving federal assistance 
     coordinate the provision of service to improve mobility for 
     the transportation disadvantaged, achieve service 
     efficiencies, and reduce or eliminate the duplication of 
     transportation services. Section 3006(b) establishes the 
     ``Pilot Program for Innovative Coordinated Access and 
     Mobility'' to provide grants for innovative projects that 
     improve the coordination of transportation services and non-
     emergency medical transportation, including the deployment of 
     technology. In section 3006(c), the conferees direct the 
     members of the Interagency Transportation Coordinating 
     Council on Access and Mobility (Council) to undertake action 
     to improve local coordination, establish a cost-sharing 
     policy, provide recommendations to Congress on eliminating 
     federal barriers to local coordination, and address 
     recommendations made previously to the Council by the 
     Government Accountability Office (GAO) for member federal 
     agencies.
       Section 3011 of the conference report includes a provision 
     to allow rolling stock manufacturers that procure iron and 
     steel produced in the United States, as defined in 49 CFR 
     661.5(b), to include the cost of that iron and steel in the 
     domestic content calculation made pursuant to section 
     5323(j)(2)(C), when such iron or steel is used in rolling 
     stock frames and car shells. The conferees intend for this 
     provision to apply to rolling stock frames or car shells, 
     regardless of where they are produced, provided the iron or 
     steel is produced in the United States.
       To increase accountability, section 3011 requires the 
     Secretary, upon denial of a Buy America waiver, to issue a 
     written certification that the item is produced in the United 
     States in a sufficient and reasonably available amount, the 
     item is of satisfactory quality, and includes a list of known 
     manufacturers in the United States from which the item can be 
     obtained. This section subsequently requires the Secretary to 
     disclose any waiver denial and subsequent written 
     certification on the website of the USDOT.
       The conference report includes a definition of a small 
     purchase to mean a purchase of not more than $150,000 for the 
     application of Buy America requirements in section 5323(j).
       Section 3013 provides the Secretary with increased 
     authority to assist public transportation systems with severe 
     safety needs. MAP-21 granted the Secretary permission to take 
     enforcement actions against recipients that are noncompliant 
     with federal transit safety law. The conferees expect the 
     Secretary to utilize this authority to issue directives, 
     require more frequent oversight, impose more frequent 
     reporting requirements, require that formula grant funds be 
     spent to correct safety deficiencies before funds are spent 
     on other projects, withdraw funds from a recipient, and 
     provide direct safety oversight when deemed necessary. In

[[Page H8807]]

     addition, the conferees intend to provide clarification that 
     the FTA's authority extends to each of the states in which a 
     multi-state fixed guideway public transportation system 
     operates.
       Section 3017 amends FTA's Buses and Bus Facilities grant 
     program to reflect a number of changes. This section allows 
     recipients in a state to pool formula funds to accommodate 
     larger scale procurements. Subsection (b) reinstitutes a 
     competitive grant bus program to address the capital 
     investment needs of public transportation systems across the 
     country. This competitive grant program includes a 10 percent 
     rural set-aside and a limitation that not more than 10 
     percent of all grant amounts be awarded to a single grantee. 
     States may also submit a statewide application for bus needs 
     to allow the state, rather than the federal government to 
     distribute competitively awarded grant funds.
       The conference report also incorporates grants for low or 
     no emission buses and bus facilities, previously included in 
     the research program, into the competitive bus program. The 
     conferees note that these grants are appropriately situated 
     in the bus program and have included language to ensure that 
     any vehicles or facilities financed under this program are 
     ready for full integration into a public transportation 
     system. Additionally, the new low or no emissions buses and 
     bus facilities grant program includes project eligibility for 
     rehabilitating or improving existing public transportation 
     facilities to accommodate low or no emission vehicles to 
     account for such things as retrofitting to include charging 
     stations.
       The conferees are aware that one of the biggest challenges 
     to capital asset acquisition, particularly for small and 
     rural public transportation providers, is the high purchasing 
     costs attributable to the relatively small size of the 
     procurement. The conferees intend to address current 
     purchasing power issues for smaller public transportation 
     providers in a variety of ways. First, the conference report 
     includes a provision allowing multiple states and providers 
     to purchase capital assets through cooperative procurements. 
     These procurements allow one state to act as a lead 
     procurement agency in an administrative capacity on behalf of 
     each participant to the contract. These voluntary cooperative 
     procurements will enable providers purchasing similar capital 
     assets to pool their procurement requests, which will 
     increase the size of the request and result in the 
     procurement receiving a more competitive bid from the 
     manufacturers. This provision will not only support the needs 
     of small and rural public transportation providers, but also 
     provide additional purchasing opportunities for large and 
     medium-sized public transportation providers.
       In addition, the conference report creates a pilot program 
     to allow up to three geographically diverse nonprofits to 
     host cooperative procurement contracts. These are intended to 
     be separate from the state cooperative purchasing contracts 
     and provide another opportunity for public transportation 
     systems of all sizes to enhance their purchasing options.
       Section 3019 of the conference report reduces the barriers 
     for transit agencies to develop and enter into leasing 
     arrangements for public transportation equipment or 
     facilities by removing existing regulatory requirements that 
     have impeded the authority of transit agencies seeking to 
     reduce long-term capital costs. The conference report ensures 
     that the terms of a lease agreement are negotiated by the 
     grantee to best suit their short- and long-term needs.

                    Title IV--Highway Traffic Safety

       Title IV of the FAST Act reauthorizes highway traffic 
     safety programs administered by the National Highway Traffic 
     Safety Administration (NHTSA) through FY 2020 and makes 
     several reforms to existing law to help keep drivers, 
     pedestrians, and our roads safer.
     Prioritizes Emerging Safety Needs
       The FAST Act enables states to spend more funds on the 
     pressing safety needs unique to their states by reallocating 
     unspent National Priority Safety Program funds and increasing 
     the percentage of such funds that can be flexed to each 
     state's traditional safety programs. It also requires the 
     Secretary to study the feasibility of establishing an 
     impairment standard for drivers under the influence of 
     marijuana and provide recommendations on how to implement 
     such a standard. Finally, the Act requires NHTSA to take 
     additional actions to improve awareness of the dangers of 
     drug impaired driving.
     Improves Safety
       The FAST Act reforms the Impaired Driving Countermeasures, 
     Distracted Driving, and State Graduated Driver License 
     incentive grants to reduce unreasonable barriers to state 
     eligibility, while strengthening incentives for states to 
     adopt laws and regulations to improve highway safety. It 
     encourages states to increase driver awareness of commercial 
     motor vehicles. Finally, the Act creates a state grant to 
     enhance safety for bicyclists, pedestrians, and other non-
     motorized users.
     Additional Explanatory Language
       The conferees are concerned about the dangers posed by 
     unsecured loads on non-commercial vehicles. Federal grant 
     funds for state-run safety campaigns raising awareness about 
     the dangers posed by unsecured loads are currently eligible 
     for funding under State Highway Safety Programs (23 U.S.C. 
     402). Therefore, the conferees encourage states to address 
     unsecured loads the next time they submit their State Highway 
     Safety Program for approval by the Secretary or through other 
     state initiatives.
       The conferees are concerned with the number of deaths due 
     to impaired driving. The conference report includes Senate 
     language to create an incentive grant for states that provide 
     a 24-7 sobriety program available for use within a state.
       As a condition of receiving grant funds, NHTSA currently 
     requires states to sign certifications and assurances that 
     they comply with applicable statutes and regulations with 
     regard to maintenance of effort requirements. The conference 
     report provides additional flexibility to allow states to 
     certify compliance with maintenance of effort requirements. 
     Therefore, the conferees expect that NHTSA should reasonably 
     defer to state interpretations and analyses that underpin 
     such certifications.

                        Title V--Motor Carriers

       Title V of the FAST Act reauthorizes the programs of the 
     Federal Motor Carrier Safety Administration (FMCSA) through 
     FY 2020 and includes several reforms to improve truck and bus 
     safety, while reducing regulatory burdens.
     Improves Safety
       The FAST Act incentivizes the adoption of innovative truck 
     and bus safety technologies and accelerates the 
     implementation of safety regulations required by law. The Act 
     also authorizes a new testing method to detect the use of 
     drugs and alcohol by commercial motor vehicle drivers.
     Reduces Regulatory Burdens
       The FAST Act reforms the regulatory process by requiring 
     FMCSA to use the best available science and data on various 
     segments of the trucking industry when developing rulemakings 
     and by establishing a process under which the public or the 
     motor carrier industry can petition FMCSA to revise or repeal 
     regulations if they are no longer current, consistent, and 
     uniformly enforced. The Act also consolidates nine existing 
     FMCSA grant programs into four and streamlines program 
     requirements to reduce administrative costs and regulatory 
     burdens on states.
     Provides Opportunities for Veterans
       The FAST Act awards grant priority to programs that train 
     veterans for careers in the trucking industry and reduces 
     regulatory barriers faced by veterans seeking employment as 
     commercial truck and bus drivers. It also establishes a pilot 
     program for younger veterans and reserve members that 
     received training during their service in the military to 
     drive certain commercial motor vehicles in interstate 
     commerce.
     Reform of Compliance, Safety, Accountability Program
       The FAST Act requires a thorough review and reform of the 
     current enforcement prioritization program to ensure that 
     FMCSA's Compliance, Safety, Accountability analysis is the 
     most reliable possible for the public and for enforcement 
     purposes. Following reviews by the GAO, the U.S. Department 
     of Transportation Inspector General and various law 
     enforcement organizations, the Act requires that FMCSA 
     analysis of enforcement data be temporarily removed from 
     public websites on the day after enactment, until the agency 
     has completed reforms required by this Act. Enforcement and 
     inspection data reported by states and enforcement agencies 
     will remain available for public view
     Additional Explanatory Language
       Section 5101 requires that states grant maximum reciprocity 
     for inspections conducted using a nationally accepted system 
     that allows ready identification of previously inspected 
     commercial motor vehicles. The conferees believe that decals 
     used to meet this requirement should adhere to design and 
     functional requirements as specified by the Secretary. 
     Section 5101 also provides additional flexibility for states 
     to exercise the ``Right of Entry'' requirement provided by 
     the Motor Carrier Safety Assistance Program to ensure that 
     alternate methods for gaining access to motor carriers can be 
     used to satisfy inspection or enforcement requirements.
       The FMCSA has informed the conferees and the conferees 
     agree that nothing in section 5402 authorizes the use of hair 
     testing as an alternative to urine tests until the U.S. 
     Department of Health and Human Services establishes federal 
     standards for hair testing.
       The conferees intend section 5501 to be carried out to 
     identify delays experienced by commercial motor vehicle 
     drivers, including during the loading and unloading of goods 
     at shipper and receiver facilities. The conferees do not 
     intend this provision to measure productivity at ports.
       Section 5515 requires the Administrator of the FMCSA to 
     conduct a study on the safety effects of a motor carrier 
     operator commuting more than 150 minutes. On June 17, 2014, a 
     tractor-trailer struck a van near Cranbury, New Jersey, 
     killing one person and injuring several others. According to 
     the National Transportation Safety Board, the truck driver 
     had been awake more than 24 hours at the time of the crash. 
     In addition, the Georgia-based driver had driven 12 hours 
     overnight to his job in Delaware before starting his shift. 
     The study shall address the prevalence of long commutes in 
     the industry and the impact on safety.
       Conferees expect that the implementation of section 5516 
     will provide the maximum

[[Page H8808]]

     flexibility possible to re-route longer combination vehicles 
     in the affected state to divided highways, highway facilities 
     designed for freight transportation, or along routes that 
     will enhance overall highway safety.
       In implementing section 32934 of MAP-21, FMCSA determined 
     that the language in subsection (b), which ensures that 
     federal transportation funds to a state would ``not be 
     terminated, limited, or otherwise interfered with,'' only 
     applied with respect to the exemptions enumerated in 
     subsection (a) and not with respect to any further exemption 
     or other minimum standard imposed by state law or regulation. 
     Section 5518 clarifies that states which enact laws or 
     regulations that exempt or impose other minimum standards 
     beyond those enumerated in subsection (a) for farm vehicles 
     and the drivers of such vehicles will not lose federal 
     transportation funds. FMCSA reviewed this section and 
     informed the conferees that it will be implemented in the 
     manner described above.

                          Title VI--Innovation

       Title VI of the FAST Act reauthorizes the programs for the 
     research activities of the USDOT through FY 2020 and includes 
     several provisions to promote innovation and the use and 
     deployment of transportation technologies to address various 
     surface transportation needs.
     Invests in Innovation
       The FAST Act provides dedicated Highway Trust Fund 
     authorizations to carry out research and development, 
     technology deployment, training and education, intelligent 
     transportation systems activities, grants to University 
     Transportation Centers, and to administer the Bureau of 
     Transportation Statistics (BTS).
     Emphasizes Technology
       The FAST Act ensures that these programs areimplemented and 
     Intelligent Transportation Systems (ITS) are deployed in a 
     technology neutral manner.The Act promotes technology neutral 
     policies that accelerate vehicle and transportation safety 
     research, development and deployment by promoting innovation 
     and competitive market-based outcomes, while using federal 
     funds efficiently and leveraging private sector investment 
     across the automotive, transportation and technology sectors.
     Promotes Safety
       The FAST Act encourages FHWA and other federal agencies, 
     states, local governments, and stakeholders to examine 
     additional ways that they can safely and expediently drive 
     the adoption, deployment, and delivery of innovative 
     technology and techniques that would enhance the safety and 
     efficiency of the Nation's roadways.
     Establishes a Competitive Deployment Program
       The FAST Act establishes a competitive advanced 
     transportation and congestion management technologies 
     deployment grant program to promote the use of innovative 
     transportation solutions. The deployment of these 
     technologies will provide Congress and USDOT with valuable 
     real life data and feedback to inform future decision making.
     Updates Federal Regulations
       The use of transportation technologies by state and local 
     partners is growing, and the FAST Act makes several changes 
     to ensure that federal regulations promote innovation, not 
     stand in its way.
     Additional Explanatory Language
       The conference report provides for the collection of 
     statistics on port capacity and throughput for the 25 largest 
     ports to be reported annually by the BTS.
       The conference report focuses on research for user based 
     alternative revenue mechanisms that preserve a user fee 
     structure to maintain the long-term solvency of the Highway 
     Trust Fund. It is essential that the federal government 
     properly invest in our infrastructure by looking to 
     alternative revenue sources.
       The conferees believe that federal, state, and local 
     agencies must be prepared for the future growth and adoption 
     of innovative technologies such as autonomous vehicles and 
     that the ITS program should support research initiatives that 
     are engaged in the research, development, testing, and 
     validation of autonomous vehicle technologies.
       Subtitle C of Title V of the Water Resources Reform and 
     Development Act of 2014 (128 Stat. 1332-1345) established the 
     ``Water Infrastructure Finance and Innovation Act'' (WIFIA), 
     a program designed to assist a wide array of water resources 
     infrastructure projects intended to attract private capital, 
     along with state and local public capital, alongside federal 
     investment.Section 1445 of the conference report modifies the 
     WIFIA program to ensure both public and private capital have 
     an equal opportunity to participate, thereby ensuring 
     financing is adequately leveraged. Some have expressed 
     concerns that modifying the prohibition on the use of tax 
     exempt debt financing may inadvertently disadvantage private 
     capital being used in financing projects.The conferees would 
     request that as the Environmental Protection Agency and the 
     US Army Corps of Engineers continue to implement the WIFIA 
     program, the agencies include specifications that will ensure 
     private capital has an equal opportunity to engage in the 
     financing of these projects.

              Title VII--Hazardous Material Transportation

       Title VII of the FAST Act strengthens and advances the safe 
     and efficient movement of hazardous materials through a 
     number of reforms and safety improvements. It also authorizes 
     hazardous materials safety and grant programs for fiscal 
     years 2016 through 2020.
     Enhances Emergency Preparedness and Response
       The FAST Act reforms an underutilized grant program to get 
     more resources to states and Indian tribes for emergency 
     response, while also granting states more power to decide how 
     to spend their planning and training grants to improve 
     emergency response. It helps better leverage training funding 
     for hazardous materials employees and those enforcing 
     hazardous material regulations.
     Streamlines Processes and Creates Certainty and Transparency 
         for Industry
       The FAST Act accelerates the administrative process and 
     reduces inefficiencies to create certainty for the hazardous 
     materials industry with special permits and approvals. The 
     Act requires a full review of third-party classification labs 
     to ensure the labs can perform such examinations in a manner 
     that meets the hazardous materials regulations. Furthermore, 
     it allows the Pipelines and Hazardous Materials Safety 
     Administration (PHMSA) to respond more effectively during 
     national emergencies. Finally, it requires PHMSA to withdraw 
     a rulemaking on ``wetlines'' consistent with a GAO study 
     recommending that PHMSA collect more data before proceeding 
     further.
     Enhances Information Available to First Responders
       The FAST Act requires Class I railroads to generate 
     accurate, real-time, electronic train composition information 
     for first responders through agreements with fusion centers 
     and to provide information about certain flammable liquid 
     shipments to State Emergency Response Commissions (SERCs). It 
     prohibits the withholding of train composition information 
     from first responders in the event of an accident, incident, 
     or emergency. The Act requires the USDOT to establish 
     security and confidentiality protections for the release of 
     any information intended for fusion centers, SERCs, or other 
     authorized persons. It also requires a GAO study on the 
     quality of emergency response information carried by train 
     crews
     Improves Tank Car Safety Requirements
       The FAST Act enhances safety by requiring new tank cars to 
     be equipped with ``thermal blankets,'' mandating all legacy 
     DOT-111 tank cars in flammable liquids service are upgraded 
     to new retrofit standards regardless of the product shipped, 
     and setting minimum requirements for the protection of 
     certain valves. Further, it requires reporting on the 
     industry-wide progress and capacity to modify DOT-111 tank 
     cars. Finally, the Act requires a derailment test and an 
     independent evaluation to investigate braking technology 
     requirements for the movement of trains carrying certain 
     hazardous materials, and it requires the Secretary to 
     determine, fully incorporating the results of the testing and 
     evaluation, whether recent electronically-controlled 
     pneumatic braking system requirements are justified.

             Title VIII--Multimodal Freight Transportation

       Title VIII of the FAST Act focuses attention on the 
     importance of multimodal freight transportation as a 
     foundation for the United States to compete in the global 
     economy. The Act establishes a multimodal freight policy and 
     a national multimodal freight strategic plan and designates a 
     National Multimodal Freight Network to assist states in 
     strategically directing resources and informing freight 
     transportation planning.
       The FAST Act encourages each state to establish a freight 
     advisory committee comprised of freight stakeholders to 
     provide input on freight projects and funding needs. Further, 
     states will be required to develop a fiscally-constrained 
     freight plan, either independently or incorporated into the 
     broader transportation planning process.
     Additional Explanatory Language
       The conferees intend for states to solicit input from a 
     broad range of freight stakeholders in adding mileage to the 
     National Multimodal Freight Network, including critical rural 
     freight corridors. The conferees intend for states to take a 
     strong lead in designating facilities for inclusion in the 
     final National Multimodal Freight Network.
       The conferees emphasize the importance of the national 
     strategic freight plan, which will now be multimodal in 
     scope, and, among other things, will assess the conditions 
     and performance of the National Multimodal Freight Network, 
     and develop best practices for improving the performance of 
     the Network, including critical commerce corridors and 
     critical urban and rural access to critical freight 
     corridors.

Title IX--National Surface Transportation and Innovative Finance Bureau

       Title IX of the FAST Act establishes the National Surface 
     Transportation and Innovative Finance Bureau (Bureau) within 
     USDOT. The Bureau will serves as a one-stop-shop for states 
     and local governments to receive federal financing or funding 
     assistance, as well as technical assistance, in order to move 
     forward with complex surface transportation projects. The Act 
     directs the Bureau to administer the application process for 
     various credit assistance programs and the NSFHP program; 
     promote innovative financing best practices; reduce 
     uncertainty

[[Page H8809]]

     and delays with environmental reviews and permitting; reduce 
     costs and risks to taxpayers in project delivery; and 
     procurement. The Act also gives the Secretary the authority 
     to consolidate or eliminate different offices within USDOT. 
     These targeted improvements are based on previous 
     congressionally initiated reforms, oversight, and USDOT led 
     pilot projects that seek to reduce project delays and 
     maximize taxpayer funding.
       Finally, the FAST Act establishes a Council on Credit and 
     Finance (Council) within USDOT. It requires the Council to 
     review applications for various credit assistance programs 
     and the NSFHP program, as appropriate, and then make 
     recommendations to the Secretary about which applications 
     should receive federal financing or funding assistance.

    Title X--Sport Fish Restoration and Recreational Boating Safety

       Title X of the FAST Act reauthorizes expenditure authority 
     for the Dingell-Johnson Sport Fish Restoration Act through FY 
     2020 and reforms grant programs to reduce administrative 
     costs and increase flexibility for states. The Act also 
     provides parity for the Coast Guard by establishing a set-
     aside for the Service's administrative expenses.
     Additional Explanatory Language
       The conferees understand that funds provided under section 
     10001 are sufficient to pay the salaries and expenses of 
     some, but not all, of the personnel whose duties exclusively 
     involve boating safety, but who are currently funded out of 
     the Service's Operating Expenses account. Under the authority 
     provided by section 10002, the conferees expect the Coast 
     Guard to use any additional funds provided under section 
     10001 to pay only the salaries and expenses of personnel 
     whose duties exclusively involve boating safety.
       The majority of the U.S. Fish and Wildlife Service's 
     (USFWS) grants management work with state fish and wildlife 
     agencies occurs at the regional level. As a result, the 
     conferees direct the USFWS to prioritize the use of 
     administrative funds by regional offices to improve grant 
     administration timeliness and responsiveness to state fish 
     and wildlife agencies.

                             Title XI--Rail

       Title XI of the FAST Act reforms Amtrak to improve its 
     business operations and planning; improves rail 
     infrastructure; strengthens freight and passenger rail 
     safety; accelerates project delivery; and leverages 
     innovative rail financing, including potential private sector 
     capital, by reforming an underutilized loan program.
     Authorizations
       The FAST Act authorizes fiscally-responsible levels for 
     Amtrak, under a new structure that provides separate funding 
     authorizations for the Northeast Corridor and the National 
     Network. It also authorizes three grant programs to help 
     improve the Nation's rail infrastructure to meet the future 
     needs of freight and passenger movement.
     Amtrak Reforms
       The FAST Act makes significant reforms to the way Amtrak 
     structures its financial reporting and planning functions. 
     This Act aligns these critical functions along Amtrak's core 
     operating business lines. All of Amtrak's financial, 
     business, and asset activities are required to be organized 
     in a way that supports the corporation's major business 
     lines. These provisions will allow Northeast Corridor net 
     operating revenues to be re-invested into the Corridor's 
     substantial capital investment needs, while ensuring Amtrak 
     has the tools and resources needed to efficiently operate its 
     National Network. The Act also creates a State-Supported 
     Route Committee to encourage a more collaborative 
     relationship between states, Amtrak, and USDOT regarding 
     state-supported routes for which states provide financial 
     resources. Finally, the Act encourages non-federal 
     participation in certain elements of Amtrak's system by 
     creating station development opportunities for the private 
     sector; exploring the potential for new revenue streams 
     through right-of-way development; and facilitating the use of 
     local products on Amtrak routes.
     Intercity Passenger Rail Policy
       The FAST Act includes provisions to improve the Nation's 
     rail infrastructure and its intercity passenger rail service, 
     while ensuring sound use of taxpayer investments in passenger 
     rail projects. The subtitle authorizes a new Consolidated 
     Rail Infrastructure and Safety Improvements grant program to 
     support a broad array of rail projects and activities, using 
     cost-benefit analysis principles for project selection, and 
     repeals duplicative grant programs. It authorizes a Federal-
     State Partnership for State of Good Repair grant program 
     designed to improve critical rail assets with a backlog of 
     deferred maintenance, such as Northeast Corridor 
     infrastructure. It also authorizes a Restoration and 
     Enhancement Grant program to assist with, on a competitive 
     basis, the initiation or restoration of routes formerly 
     operated by Amtrak, including the rail service discontinued 
     in the wake of Hurricane Katrina. This program is paired with 
     funding for a Gulf Coast Working Group to study the return of 
     this service.
       The Act also includes provisions to enhance collaborative 
     capital planning efforts amongst all Northeast Corridor 
     users. The Act creates competitive opportunities for 
     intercity passenger rail routes and strengthens requirements 
     for large capital projects funded with federal dollars. All 
     grant programs are subject to the grant conditions contained 
     in section 24405 of title 49, United States Code.
     Rail Safety
       The safe movement of goods and people by rail remains the 
     top rail policy priority of both the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate. The Federal Railroad 
     Administration (FRA) recently reported that fiscal year 2014 
     was one of the safest years on record, and the agency noted 
     that, since fiscal year 2005, total train accidents have 
     declined by 46 percent, total derailments have declined by 47 
     percent, and total highway-rail grade crossing incidents have 
     declined by 24 percent. The FAST Act aims to further increase 
     safety.
       The FAST Act includes several provisions to improve the 
     safety of highway-rail grade crossings, including grade 
     crossing safety action plans, a private grade crossing study, 
     and an evaluation on the use of locomotive horns at grade 
     crossings. Additionally, the Act includes requirements to 
     strengthen the safety of passenger rail, including locomotive 
     recording devices, speed limit action plans, and locomotive 
     alerters. It also includes a post-accident assessment for the 
     Amtrak accident on May 12, 2015, in Philadelphia, 
     Pennsylvania.
       The FAST Act also establishes a process for obtaining a 
     public version of a bridge inspection report, such as a 
     summary form. However, it does not require a railroad to 
     provide, or authorize the FRA to provide, any copy of any 
     bridge inspection report prepared in accordance with section 
     417 of the Rail Safety Improvement Act of 2008 to any state, 
     political subdivision of a state, or other unauthorized 
     persons.
     Project Delivery
       Moving projects through the federal review process can be 
     challenging given the number of agencies and entities 
     involved. Subtitle E of this title, the Train, Railroad, and 
     Infrastructure Network Act, streamlines the process for 
     approving rail projects without compromising our historic and 
     natural resources. It does so by applying important 
     provisions already in law for other modes of transportation 
     to rail projects. It directs the Secretary to apply to rail--
     to the greatest extent feasible--the expedited environmental 
     review procedures already used for highways and transit. It 
     also requires the Secretary to engage in a process to 
     identify additional categorical exclusions used in 
     transportation projects and to propose new and existing 
     exclusions for rail. With respect to historic sites, it 
     preserves existing requirements for important historic sites, 
     such as historic stations, while ensuring expedited delivery 
     of critical improvements to rail infrastructure. It ensures 
     that improvements to certain bridges and tunnels over which 
     common-carrier service has been discontinued or railbanked, 
     but not those bridges and tunnels abandoned from the 
     interstate rail network, are not considered a use of a 
     historic site. This will create an improved and more 
     equitable way for the USDOT to manage federal permitting and 
     reviews for all surface transportation programs, regardless 
     of mode.
     Financing
       Innovative financing programs are a method to advance major 
     infrastructure. The Railroad Rehabilitation Improvement and 
     Financing (RRIF) program is authorized to provide loans and 
     loan guarantees to railroad projects, ranging from short-line 
     railroad equipment to passenger rail facilities. While this 
     program provides attractive low-interest, long-term 
     financing, it has not been extensively utilized, and its 
     inflexible terms and limited consideration of project-finance 
     style lending features limit its utility to large-scale 
     infrastructure projects. Subtitle F of this title, the 
     Railroad Infrastructure Financing Improvement Act (RIFIA), 
     includes several provisions designed to unlock this program 
     by streamlining USDOT's approval processes; mirroring 
     programmatic features similar to the successful TIFIA program 
     to make RRIF a more flexible lender; and making it easier to 
     develop partnerships that combine RRIF loans with other types 
     of financing, including private financing. It also requires 
     the Secretary to pay back the credit risk premium, with 
     interest, to a borrower that has repaid its RRIF loan, 
     regardless of whether the loan is or was included in a 
     cohort. The intent of this provision is for the Secretary to 
     pay back such credit risk premium, with interest, as soon as 
     feasible but not later than three months after the date of 
     enactment. Finally, subtitle F includes language that 
     modifies general authority to provide direct loans under RRIF 
     to include at least one of the eligible applicants in a joint 
     venture

[[Page H8810]]



     H.R. 22, FIXING AMERICA'S SURFACE TRANSPORTATION ACT (FAST ACT)
------------------------------------------------------------------------
  H.R.  22      H.R.  22
     EAH           EAS              Titles          Conference Agreement
------------------------------------------------------------------------
                   DIVISION A--SURFACE TRANSPORTATION
------------------------------------------------------------------------
1...........            1   Short title; table of  Senate recedes with
                        2    contents.              modifications.
2...........            3   Definitions..........  Senate recedes.
3...........            4   Effective date.......  Senate recedes.
4...........  ............  References...........  Senate recedes.
------------------------------------------------------------------------
                      TITLE I--FEDERAL-AID HIGHWAYS
                 Subtitle A--Authorizations and Programs
------------------------------------------------------------------------
1101........        11001   Authorization of       Senate recedes with
                             appropriations.        modifications.
1102........        11002   Obligation ceiling...  Senate recedes with
                                                    modifications.
1103........  ............  Definitions..........  Senate recedes.
1104........        11003   Apportionment........  Senate recedes with
                                                    modifications.
1105........  ............  National highway       Senate recedes.
                             performance program.
1106........        11004   Surface                Senate recedes with
                    11014    transportation block   modifications.
                             grant program.
1107........        35401   Railway-highway grade  Senate recedes.
                             crossings.
1108........        11011   Highway safety         Senate recedes with
                    11012    improvement program.   modifications.
1109........        11013   Congestion mitigation  House recedes with
                             and air quality        modifications.
                             improvement program.
1110........        43001   National highway       Senate recedes with
                             freight policy.        modifications.
1111........        44001   Nationally             Senate recedes with
                    44002    significant freight    modifications.
                             and highway projects.
1112........  ............  Territorial and        Senate recedes.
                             Puerto Rico highway
                             program.
1113........        12101   Federal lands and      Senate recedes with
                             tribal                 modifications.
                             transportation
                             program.
1114........        11024   Tribal transportation  House recedes.
                             program amendment.
1115........        11027   Federal lands          Senate recedes with
                             transportation         modifications.
                             program.
1116........  ............  Tribal transportation  Senate recedes.
                             self-governance
                             program.
1117........        11020   Emergency relief for   House recedes.
                             federally owned
                             roads.
1118........        11007   Highway use tax        Senate recedes with
                             evasion projects.      modifications.
1119........        11008   Bundling of bridge     Senate recedes.
                             projects.
1120........  ............  Tribal High Priority   House recedes.
                             Projects program.
1121........        11010   Construction of ferry  House recedes.
                             boats and ferry
                             terminal facilities.
------------------------------------------------------------------------
             Subtitle B--Planning and Performance Management
------------------------------------------------------------------------
1201........        11005   Metropolitan           House recedes with
                             transportation         modifications.
                             planning.
1202........        11006   Statewide and          House recedes with
                             nonmetropolitan        modifications.
                             transportation
                             planning.
------------------------------------------------------------------------
              Subtitle C--Acceleration of Project Delivery
------------------------------------------------------------------------
1301........        11116   Satisfaction of        Senate recedes.
                             requirements for
                             certain historic
                             sites.
1302........  ............  Treatment of           Senate recedes.
                             improvements to rail
                             and transit under
                             preservation
                             requirements.
1303........  ............  Clarification of       Senate recedes.
                             transportation
                             environmental
                             authorities.
1304........        11117   Bridge exemption from  House recedes.
                             consideration under
                             certain provisions.
1305........        11103   Efficient              Senate recedes with
                    11104    environmental          modifications.
                    11105    reviews for project
                    11106    decisionmaking.
1306........        11107   Improving              Senate recedes with
                             transparency in        modifications.
                             environmental
                             reviews.
1307........        11108   Integration of         House recedes with
                    31106    planning and           modifications.
                             environmental review.
1308........        11109   Development of         Senate recedes with
                             programmatic           modifications.
                             mitigation plans.
1309........  ............  Delegation of          Senate recedes with
                             authorities.           modifications.
1310........        11101   Categorical exclusion  Senate recedes.
                             for projects of
                             limited Federal
                             assistance.
1311........        11113   Application of         Senate recedes.
                    31105    categorical
                             exclusions for
                             multimodal projects.
1312........        11112   Surface                Senate recedes with
                             transportation         modifications.
                             project delivery
                             program.
1313........  ............  Program for            Senate recedes with
                             eliminating            modifications.
                             duplication of
                             environmental
                             reviews.
1314........        12202   Assessment of          Senate recedes.
                             progress on
                             accelerating project
                             delivery.
1315........  ............  Improving State and    Senate recedes with
                             Federal agency         modifications.
                             engagement in
                             environmental
                             reviews.
1316........        31103   Accelerated            Senate recedes.
                    11110    decisionmaking in
                             environmental
                             reviews.
1317........        31104   Aligning Federal       Senate recedes with
                             environmental          modifications.
                             reviews.
                    31101   Delegation of          Senate recedes.
                             authority.
                    31102   Infrastructure         Senate recedes.
                             Permitting
                             Improvement Center.
------------------------------------------------------------------------
                        Subtitle D--Miscellaneous
------------------------------------------------------------------------
1401........        11017   Tolling; HOV           Senate recedes with
                    11018    facilities;            modifications.
                    11019    Interstate
                             reconstruction and
                             rehabilitation.
1402........  ............  Prohibition on the     Senate recedes.
                             use of funds for
                             automated traffic
                             enforcement.
1403........        11205   Repeat offender        House recedes with
                    34104    criteria.              modifications.
1404........        12204   Highway Trust Fund     Senate recedes with
                             transparency and       modifications.
                             accountability.
1405........        11204   High priority          Senate recedes.
                             corridors on
                             National Highway
                             System.
1406........        11009   Flexibility for        Senate recedes.
                             projects.
1407........        11009   Productive and timely  Senate recedes.
                             expenditure of funds.
1408........        11015   Consolidation of       Senate recedes.
                             programs.
1409........        11028   Federal share payable  Senate recedes with
                                                    modifications.
1410........  ............  Elimination or         Senate recedes.
                             modification of
                             certain reporting
                             requirements.
1411........        14001   Technical corrections  Senate recedes with
                                                    modifications.
1412........        12208   Safety for users.....  Senate recedes.
                    14001
1413........        12208   Design standards.....  Senate recedes.
1414........  ............  Reserve fund.........  Senate recedes with
                                                    modifications.
1415........  ............  Adjustments..........  Senate recedes with
                                                    modifications.
1416........        11022   National electric      Senate recedes with
                             vehicle charging,      modifications.
                             hydrogen, propane,
                             and natural gas
                             fueling corridors.
1417........  ............  Ferries..............  House recedes.
1418........        15005   Study on performance   House recedes.
                             of bridges.
1419........        11207   Relinquishment of      Senate recedes.
                             park-and-ride lot
                             facilities.
1420........  ............  Pilot program........  Senate recedes with
                                                    modifications.
1421........  ............  Innovative project     Senate recedes.
                             delivery examples.
1422........        15004   Administrative         Senate recedes.
                             provisions to
                             encourage pollinator
                             habitat and forage
                             on transportation
                             rights-of-way.
1423........  ............  Milk products........  Senate recedes.
1424........        11203   Interstate weight      House recedes.
                             limits for emergency
                             vehicles.
1425........        11203   Vehicle weight         Senate recedes with
                             limitations--Interst   modifications.
                             ate System.
1426........  ............  New national goal,     House recedes.
                             performance measure,
                             and performance
                             target.
1427........        11115   Service club,          Senate recedes.
                             charitable
                             association, or
                             religious service
                             signs.
1428........  ............  Work zone and guard    Senate recedes.
                             rail safety training.
1429........  ............  Motorcyclist advisory  Senate recedes with
                             council.               modification.
1431........  ............  Highway work zones...  Senate recedes with
                                                    modifications.
1432........  ............  Study on State         House recedes.
                             procurement of
                             culvert and storm
                             sewer materials.
1433........  ............  Use of durable,        Senate recedes.
                             resilient, and
                             sustainable
                             materials and
                             practices.
1434........  ............  Strategy to address    House recedes.
                             structurally
                             deficient bridges.
1435........  ............  Sense of Congress....  Senate recedes.
1436........  ............  Identification of      Senate recedes.
                             roadside highway
                             safety hardware
                             devices.

[[Page H8811]]

 
1437........  ............  Use of modeling and    Senate recedes.
                             simulation
                             technology.
1438........  ............  National Advisory      Senate recedes.
                             Committee on Travel
                             and Tourism
                             Infrastructure.
1439........  ............  Regulation of motor    Senate recedes.
                             carriers of property.
1440........  ............  Emergency exemptions.  Senate recedes with
                                                    modifications.
1441........  ............  Program to assist      Senate recedes with
                             veterans to acquire    modifications.
                             commercial driver's
                             licenses.
1442........  ............  Operation of certain   Senate recedes.
                             specialized vehicles
                             on certain highways
                             in the State of
                             Arkansas.
1444........  ............  Exemptions from        Senate recedes.
                             requirements for
                             certain welding
                             trucks used in
                             pipeline industry.
1443........  ............  Projects for public    Senate recedes with
                             safety relating to     modifications.
                             idling trains.
1445........  ............  Waiver...............  Senate recedes.
1446........  ............  Federal authority....  House recedes.
                    11016   State flexibility for  House recedes.
                             National Highway
                             System modifications.
                    11021   Bridges requiring      Senate recedes.
                             closure or load
                             restrictions.
                    11023   Asset management.....  House recedes with
                                                    modifications.
                    11025   Nationally             House recedes with
                             significant Federal    modifications.
                             lands and Tribal
                             projects program.
                    11026   Federal lands          House recedes.
                             programmatic
                             activities.
                    11029   Obligation and         Senate recedes.
                             release of funds.
                    11102   Programmatic           House recedes.
                             agreement template.
                    11110   Adopting of            Senate recedes.
                             Departmental
                             environmental
                             documents.
                    11111   Technical assistance   House recedes.
                             for States.
                    11114   Modernization of the   House recedes.
                             environmental review
                             process.
                    11118   Elimination of         House recedes.
                             barriers to improve
                             at-risk bridges.
                    11119   At-risk project        House recedes.
                             preagreement
                             authority.
                    11201   Credits for untaxed    Senate recedes.
                             transportation fuels.
                    11202   Justification reports  House recedes.
                             for access points on
                             the Interstate
                             System.
                    11206   Vehicle-to-            House recedes with
                             infrastructure         modifications.
                             equipment.
                    11208   Transfer and sale of   Senate recedes.
                             toll credits.
                    11209   Regional               House recedes.
                             infrastructure
                             accelerator
                             demonstration
                             program.
                    11210   Sonoran Corridor       Senate recedes.
                             Interstate
                             development.
                    12102   Performance            House recedes.
                             management data
                             support program.
                    12201   Every Day Counts       Senate recedes.
                             initiative.
                    12203   Grant program for      Senate recedes.
                             achievement in
                             transportation for
                             performance and
                             innovation.
                    12205   Report on highway      House recedes.
                             trust fund
                             administrative
                             expenditures.
                    12206   Availability of        House recedes.
                             reports.
                    12207   Performance period     House recedes.
                             adjustment.
                    15001   Appalachian regional   House recedes.
                             development highway
                             system.
                    15002   Appalachian regional   House recedes.
                             development program.
                    15003   Water infrastructure   House recedes.
                             finance and
                             innovation.
------------------------------------------------------------------------
                  TITLE II--INNOVATIVE PROJECT FINANCE
------------------------------------------------------------------------
2001........        13001   Transportation         House recedes with
                             Infrastructure         modifications.
                             Finance and
                             Innovation Act of
                             1998 amendments.
2002........        13001   State infrastructure   House recedes with
                             bank program.          modifications.
2003........  ............  Availability payment   Senate recedes.
                             concession model.
2004........  ............  Streamlined            House recedes with
                             application process.   modifications.
------------------------------------------------------------------------
                    TITLE III--PUBLIC TRANSPORTATION
------------------------------------------------------------------------
3001........        21001   Short title..........  Senate recedes.
3002........        21002   Definitions..........  Senate recedes with
                                                    modifications.
3003........        21003   Metropolitan and       House recedes with
                    21004    statewide              modifications.
                             transportation
                             planning.
3004........        21005   Urbanized area         Senate recedes with
                             formula grants.        modifications.
3005........        21006   Fixed guideway         House recedes with
                             capital investment     modifications.
                             grants.
3006........  ............  Formula grants for     Senate recedes.
                             enhanced mobility of
                             seniors and
                             individuals with
                             disabilities.
3007........        21008   Formula grants for     House recedes with
                             rural areas.           modifications.
3008........        21009   Research,              House recedes with
                             development,           modifications.
                             demonstration, and
                             deployment program.
3009........        21012   Human resources and    House recedes with
                             training.              modifications.
3010........        21020   Bicycle facilities...  House recedes with
                                                    modifications.
3011........        21013   General provisions...  Senate recedes with
                                                    modifications.
3012........        21015   Public transportation  Senate recedes with
                             safety program.        modifications.
3013........  ............  Apportionments.......  Senate recedes with
                                                    modifications.
3014........        21016   State of good repair   Senate recedes with
                             grants.                modifications.
3015........        21017   Authorizations.......  House recedes with
                                                    modifications.
3016........        21018   Bus and bus facility   Senate recedes with
                             grants.                modifications.
3017........  ............  Obligation ceiling...  Senate recedes with
                                                    modifications.
3018........        21011   Innovative             Senate recedes with
                             procurement.           modifications.
3019........  ............  Review of public       Senate recedes.
                             transportation
                             safety standards.
3020........  ............  Study on evidentiary   Senate recedes with
                             protection for         modifications.
                             public
                             transportation
                             safety program
                             information.
3021........        21007   Mobility of seniors    Senate recedes with
                             and individuals with   modifications.
                             disabilities.
3022........  ............  Improved transit       Senate recedes.
                             safety measures.
3023........  ............  Paratransit system     Senate recedes with
                             under FTA approved     modifications.
                             coordinated plan.
3024........  ............  Report on potential    Senate recedes.
                             of Internet of
                             Things.
3025........  ............  Report on parking      Senate recedes with
                             safety.                modifications.
3026........  ............  Appointment of         Senate recedes.
                             directors of the
                             Washington
                             Metropolitan Area
                             Transit Authority.
3027........  ............  Effectiveness of       Senate recedes.
                             public
                             transportation
                             changes and funding.
3028........  ............  Increase support for   House recedes.
                             Growing States.
                    21010   Private sector         House recedes.
                             participation.
                    21014   Project management     House recedes with
                             oversight.             modifications.
                    21019   Salary of Federal      House recedes with
                             Transit                modifications.
                             Administrator.
                    21020   Technical and          House recedes with
                             conforming             modifications.
                             amendments.
                    31108   Authorization of       House recedes with
                             grants for positive    modifications.
                             train control.
------------------------------------------------------------------------
                    TITLE IV--HIGHWAY TRAFFIC SAFETY
------------------------------------------------------------------------
4001........        34101   Authorization of       House recedes with
                             appropriations.        modifications.
4002........        34102   Highway safety         Senate recedes with
                             programs.              modifications.
4003........  ............  Highway safety         Senate recedes with
                             research and           modifications.
                             development.
4004........  ............  High-visibility        Senate recedes with
                             enforcement program.   modifications.
4005........        34102   National priority      Senate recedes with
                    34103    safety programs.       modifications.
                    34132
                    34134
4006........        34122   Stop motorcycle        House recedes.
                             checkpoint funding..
4007........  ............  Marijuana-impaired     Senate recedes.
                             driving.
                    34106   Increasing public      House recedes.
                             awareness of the
                             dangers of drug-
                             impaired driving.
4008........  ............  National priority      Senate recedes.
                             safety program grant
                             eligibility.
4009........  ............  Data collection......  Senate recedes with
                                                    modifications
4010........        34141   Technical corrections  Senate recedes.
                    34105   Study on the national  House recedes.
                             roadside survey of
                             alcohol and drug use
                             by drivers.
                    34121   Short title..........  Senate recedes.
                    34131
                    34133   Barriers to Data       House recedes with
                             Collection Report.     modifications.
------------------------------------------------------------------------
                      TITLE V--MOTOR CARRIER SAFETY
          Subtitle A--Motor Carrier Safety Grant Consolidation
------------------------------------------------------------------------
5101........        32502   Grants to States.....  Senate recedes with
                                                    modifications.
5102........        32504   Performance and        Senate recedes.
                             registration
                             information systems
                             management.
5103........        32505   Authorization of       Senate recedes with
                             appropriations.        modifications.
5104........        32506   Commercial driver's    Senate recedes.
                             license program
                             implementation.

[[Page H8812]]

 
5105........        32507   Extension of Federal   Senate recedes with
                             motor carrier safety   modifications.
                             programs for fiscal
                             year 2016.
5106........        32508   Motor carrier safety   Senate recedes with
                             assistance program     modifications.
                             allocation.
5107........        32509   Maintenance of effort  Senate recedes.
                             calculation.
                    32501   Definitions..........  Senate recedes.
------------------------------------------------------------------------
     Subtitle B--Federal Motor Carrier Safety Administration Reform
                        Part I--Regulatory Reform
------------------------------------------------------------------------
5201........        32603   Notice of              Senate recedes.
                             cancellation of
                             insurance.
5202........        32305   Regulations..........  Senate recedes with
                                                    modifications.
5203........        32303   Guidance.............  Senate recedes with
                                                    modifications.
5204........        32304   Petitions............  Senate recedes with
                                                    modifications.
                    32201   Petitions for          House recedes with
                             regulatory relief.     modifications.
                    32202   Inspector standards..  House recedes.
------------------------------------------------------------------------
           Part II--Compliance, Safety, Accountability Reform
------------------------------------------------------------------------
5221........        32001   Correlation study....  Senate recedes with
                                                    modifications.
5222........        32002   Beyond compliance....  Senate recedes with
                                                    modifications.
5223........        32003   Data certification...  Senate recedes with
                                                    modifications.
5224........  ............  Interim hiring         House recedes.
                             standard.
                    32004   Data improvement.....  House recedes.
                    32005   Accident report        House recedes with
                             information.           modifications.
------------------------------------------------------------------------
               Subtitle C--Commercial Motor Vehicle Safety
------------------------------------------------------------------------
5301........        32301   Update on statutory    House recedes with
                             requirements.          modifications.
5302........        32601   Windshield technology  House recedes.
5303........        32302   Prioritizing           Senate recedes with
                             statutory              modifications.
                             rulemakings.
5304........  ............  Safety reporting       Senate recedes.
                             system.
5305........        32503   New entrant safety     Senate recedes.
                             review program.
5306........        32201   Ready mixed concrete   House recedes.
                             trucks.
                    32006   Post-accident report   House recedes with
                             review.                modifications
                    32007   Recognizing            Senate recedes.
                             excellence in safety.
                    32008   High risk carrier      House recedes.
                             reviews.
------------------------------------------------------------------------
              Subtitle D--Commercial Motor Vehicle Drivers
------------------------------------------------------------------------
5401........  ............  Opportunities for      Senate recedes with
                             veterans.              modification.
5402........        32611   Drug-free commercial   Senate recedes.
                             drivers.
5403........  ............  Certified medical      House recedes.
                             examiners.
5404........        32403   Commercial driver      House recedes with
                             access.                modifications.
5405........  ............  Veterans expanded      Senate recedes with
                             trucking               modifications.
                             opportunities.
------------------------------------------------------------------------
                     Subtitle E--General Provisions
------------------------------------------------------------------------
5501........  ............  Minimum financial      Senate recedes with
                             responsibility.        modifications.
5502........  ............  Delays in goods        Senate recedes.
                             movement.
5503........  ............  Report on motor        Senate recedes with
                             carrier financial      modifications.
                             responsibility.
5504........        32401   Emergency route        Senate recedes.
                             working group.
5505........        32606   Household goods        Senate recedes with
                             consumer protection    modifications.
                             working group.
5506........        32203   Technology             Senate recedes with
                             improvements.          modifications.
5507........  ............  Notification           Senate recedes.
                             regarding motor
                             carrier registration.
5508........  ............  Report on commercial   Senate recedes with
                             driver's license       modifications.
                             skills test delays.
5509........  ............  Covered farm vehicles  Senate recedes.
5510........  ............  Operators of hi-rail   Senate recedes with
                             vehicles.              modifications.
5511........        32602   Electronic logging     Senate recedes.
                             device requirements.
5512........  ............  Technical corrections  Senate recedes.
5513........  ............  Automobile             Senate recedes.
                             transporter.
5514........  ............  Ready mix concrete     Senate recedes.
                             delivery vehicles.
5515........  ............  Safety study           Senate recedes with
                             regarding double-      modifications.
                             decker motorcoaches.
5516........  ............  Transportation of      Senate recedes.
                             construction
                             materials and
                             equipment..
5517........  ............  Commercial delivery    Senate recedes.
                             of light- and medium-
                             duty trailers.
5518........        32610   GAO Review of school   Senate recedes.
                             bus safety.
                    32402   Additional State       House recedes with
                             Authority.             modifications.
                    32604   Access to National     House recedes.
                             Driver Register.
                    32605   Study on Commercial    House recedes with
                             Motor Vehicle Driver   modifications.
                             Commuting.
                    32607   Interstate Van         1Senate recedes.
                             Operations.
                    32608   Report on Design and   House recedes with
                             Implementation of      modifications.
                             Wireless Roadside
                             Inspection Systems.
                    32609   Motorcoach Hours of    Senate recedes.
                             Service Study.
------------------------------------------------------------------------
                          TITLE VI--INNOVATION
------------------------------------------------------------------------
6001........  ............  Short title..........  Senate recedes.
6002........  ............  Authorization of       Senate recedes with
                             appropriations.        modifications.
6003........        12002   Advanced               Senate recedes with
                             transportation and     modifications.
                             congestion
                             management
                             technologies
                             deployment.
6004........  ............  Technology and         Senate recedes with
                             innovation             modifications.
                             deployment program.
6005........  ............  Intelligent            Senate recedes with
                             transportation         modifications.
                             system goals.
6006........  ............  Intelligent            Senate recedes.
                             transportation
                             system program
                             report.
6007........  ............  Intelligent            Senate recedes.
                             transportation
                             system national
                             architecture and
                             standards.
6008........  ............  Communication systems  Senate recedes.
                             deployment report.
6009........  ............  Infrastructure         Senate recedes with
                             development.           modifications.
6010........        31207   Departmental research  Senate recedes.
                             programs.
6011........        31207   Research and           Senate recedes.
                             Innovative
                             Technology
                             Administration.
6012........        31208   Office of              Senate recedes.
                             Intermodalism.
6013........  ............  University             Senate recedes.
                             transportation
                             centers.
6014........        31206   Bureau of              House recedes.
                             Transportation
                             Statistics
                             independence.
6015........        12004   Surface                Senate recedes.
                             transportation
                             system funding
                             alternatives.
6016........        12003   Future interstate      Senate recedes with
                             study.                 modifications.
6017........  ............  Highway efficiency...  Senate recedes with
                                                    modifications.
6018........  ............  Motorcycle safety....  House recedes.
6019........  ............  Hazardous materials    Senate recedes.
                             research and
                             development.
6020........  ............  Web-based training     Senate recedes.
                             for emergency
                             responders.
6021........  ............  Transportation         Senate recedes with
                             technology policy      modifications.
                             working group.
6022........  ............  Collaboration and      Senate recedes.
                             support.
6023........  ............  Prize competitions...  House recedes.
6024........  ............  GAO report...........  Senate recedes.
6025........  ............  Intelligent            Senate recedes.
                             transportation
                             system purposes.
6026........        12001   Infrastructure         No agreement.
                             integrity.
6027........        31203   Consolidated research  House recedes with
                             prospectus and         modifications.
                             strategic plan.
6028........  ............  Traffic congestion...  Senate recedes with
                                                    modifications
6029........  ............  Rail safety..........  House recedes
6030........  ............  Study and report on    House recedes.
                             reducing the amount
                             of vehicles owned by
                             certain Federal
                             departments and
                             increasing the use
                             of commercial ride-
                             sharing by those
                             departments.
                    12001   Research, technology,  Senate recedes.
                             and education.
                    31201   Findings.............  House recedes with
                                                    modifications.
                    31202   Modal research plans.  House recedes with
                                                    modifications.
                    31204   Research Ombudsman...  Senate recedes.
                    31205   Smart cities           House recedes with
                             transportation         modifications.
                             planning study.
                    31301   Short title..........  Senate recedes.

[[Page H8813]]

 
                    31302   Findings.............  Senate recedes.
                    31303   Port performance       House recedes with
                             freight statistics     modifications.
                             program.
------------------------------------------------------------------------
              TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
------------------------------------------------------------------------
7001........  ............  Short title:           Senate recedes.
                             Hazardous Materials
                             Safety and
                             Improvement Act of
                             2015.
------------------------------------------------------------------------
                       Subtitle A--Authorizations
------------------------------------------------------------------------
7002........        33105   Authorization of       Senate recedes with
                             appropriations.        modifications.
------------------------------------------------------------------------
          Subtitle B--Hazardous Material Safety and Improvement
------------------------------------------------------------------------
7003........        33104   National emergency     Senate recedes.
                             and disaster
                             response.
7009........  ............  Motor carrier safety   Senate recedes.
                             permits.
7008........  ............  Improving the          Senate recedes with
                             effectiveness of       modifications.
                             planning and
                             training grants.
7006........  ............  Improving publication  Senate recedes with
                             of special permits     modifications.
                             and approvals.
7004........        33102   Enhanced reporting...  Senate recedes.
7005........  ............  Wetlines.............  Senate recedes.
7007........  ............  GAO study on           Senate recedes with
                             acceptance of          modifications.
                             classification
                             examinations.
7018........        33101   Hazardous materials    Senate recedes.
                             endorsement
                             exemption.
------------------------------------------------------------------------
  Subtitle C--Safe Transportation of Class 3 Flammable Liquids By Rail
------------------------------------------------------------------------
              ............  Community Safety       Senate recedes with
                             Grants.                modifications
7012........        35431   Real-time emergency    House recedes with
                             response information.  modifications.
                    35408   Emergency response...  House recedes with
                                                    modifications.
7015........  ............  Phase-out of all tank  Senate recedes with
                             cars used to           modifications.
                             transport Class 3
                             flammable liquids.
7010........        35432   Thermal blankets.....  Senate recedes.
7017........  ............  Minimum requirements   Senate recedes.
                             for top fittings
                             protection for class
                             DOT-117R tank cars.
7011........        35433   Rulemaking oil spill   Senate recedes with
                             response plans.        modifications.
                    35438   Modification           House recedes with
                             reporting.             modifications.
                    35439   Report on crude oil    House recedes with
                             characteristics        modifications.
                             research study.
7019........        35434   Hazardous materials    House recedes with
                             by rail liability      modifications.
                             study.
7013........        35435   Study and testing of   Senate recedes with
                             electronically         modifications.
                             controlled pneumatic
                             brakes.
7014........  ............  Study on the efficacy  House recedes.
                             and implementation
                             of the European
                             Train Control System.
                    33103   Hazardous material     Senate recedes.
                             information.
------------------------------------------------------------------------
              TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
------------------------------------------------------------------------
8001........        41001   Mulitmodal freight     Senate recedes with
                    41002    transportation.        modifications.
                    41003
                    42001
                    42002
                    42003
                    42004
------------------------------------------------------------------------
                    42005   Savings provision....  House recedes with
                                                    modifications.
------------------------------------------------------------------------
 TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
------------------------------------------------------------------------
9001........  ............  National Surface       Senate recedes with
                             Transportation and     modifications.
                             Innovative Finance
                             Bureau.
9002........  ............  Council on Credit and  Senate recedes with
                             Finance.               modifications.
------------------------------------------------------------------------
     TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
------------------------------------------------------------------------
10001.......        15006   Allocations..........  Senate recedes with
                                                    modifications.
10002.......  ............  Recreational boating   Senate recedes with
                             safety.                modifications.
------------------------------------------------------------------------
                             TITLE XI--RAIL
------------------------------------------------------------------------
1*..........        35001   Short Titles and       Senate recedes with
                    35501    table of contents.     modifications.
                    35601
------------------------------------------------------------------------
                       Subtitle A--Authorizations
------------------------------------------------------------------------
101.........        35101   Authorization of       Senate recedes with
                             grants to Amtrak.      modifications.
102.........        35104   Authorization of       House recedes with
                             appropriations for     modifications.
                             Amtrak Office of
                             Inspector General.
104.........        35002   Definitions..........  Senate recedes with
501.........                                        modifications.
502.........
103.........  ............  National               House recedes.
                             infrastructure
                             investments.
                    35103   Authorization of       Senate recedes.
                             appropriations for
                             National
                             Transportation
                             Safety Board rail
                             investigations.
                    35102   National               Senate recedes.
                             Infrastructure
                             Investments.
                    35105   National cooperative   Senate recedes.
                             rail research
                             programs.
------------------------------------------------------------------------
                       Subtitle B--Amtrak Reforms
------------------------------------------------------------------------
201.........        35201   Accounts.............  Senate recedes with
                                                    modifications.
201.........        35201   Amtrak Grant Process.  House recedes with
                                                    modifications.
202.........        35202   5-year business line   House recedes with
                             and assets plans.      modifications.
203.........        35203   State-supported route  House recedes with
                             committee.             modifications.
                    35213   Amtrak board of        House recedes with
                             directors.             modifications.
204.........        35204   Route and Service      Senate recedes with
                             Planning Decisions.    modifications.
206.........        35207   Food and beverage      Senate recedes.
                             reform.
201.........        35206   Rolling stock          House recedes with
                             purchases.             modifications.
                    35208   Local products and     House recedes.
                             promotional events.
210.........        35212   Amtrak pilot program   Senate recedes with
                             for passengers         modifications.
                             transporting
                             domesticated cats
                             and dogs.
207.........        35209   Right-of-way           Senate recedes with
                             leveraging.            modifications.
208.........        35210   Station Development..  House recedes with
                                                    modifications.
211.........        35214   Amtrak boarding        Senate recedes with
                             procedures.            modifications.
209.........        35211   Amtrak debt..........  House recedes.
202.........        35202   Elimination of         Senate recedes.
                             duplicative
                             reporting.
------------------------------------------------------------------------
               Subtitle C--Intercity Passenger Rail Policy
------------------------------------------------------------------------
                    35421   Consolidated rail      House recedes with
                             infrastructure and     modifications.
                             safety improvements.
301.........        35302   Federal-state          Senate recedes with
                             partnership for        modifications.
                             state of good repair.
                    35301   Restoration and        House recedes with
                             Enhancement Grants.    modifications.
306.........        35305   Gulf coast rail        House recedes with
                             service working        modifications.
                             group.
201.........        35308   Northeast Corridor     House recedes with
                             Commission.            modifications.
205.........        35205   Competition..........  House recedes with
                                                    modifications.
                    35311   Performance-based      House recedes with
                             proposals.             modifications.
304.........        35303   Large capital project  Senate recedes with
                             requirements.          modifications.
305.........        35304   Small business         Senate recedes with
                             participation study.   modifications.
                    35307   Shared-use study.....  House recedes with
                                                    modifications.
                    35309   Northeast Corridor     House recedes with
                             through-ticketing      modifications.
                             and procurement
                             efficiencies.
                    35310   Data and analysis....  House recedes with
                                                    modifications.

[[Page H8814]]

 
                    35312   Amtrak Inspector       House recedes with
                             General.               modifications.
307.........        36313   Miscellaneous          Senate recedes with
                             Provisions.            modifications.
                    35414   Technical and          House recedes with
                             conforming             modifications.
                             amendments.
302.........  ............  RRIF Improvements....  House recedes.
303.........  ............  NEC Fast Forward.....  House recedes.
                    35306   Integrated passenger   Senate recedes.
                             rail study.
------------------------------------------------------------------------
                         Subtitle D--Rail Safety
------------------------------------------------------------------------
503.........        35401   Highway-rail grade     House recedes with
                             crossing safety.       modifications.
                    35409   Private highway-rail   House recedes with
                             grade crossings.       modifications.
504.........        35415   GAO study on use of    House recedes with
                             locomotive horns at    modifications.
                             highway-rail grade
                             crossings.
                    35444   Positive Train         House recedes with
                             Control at grade       modifications.
                             crossings
                             effectiveness study.
                    35416   Bridge inspection      House recedes with
                             reports.               modifications.
                    35402   Speed limit action     House recedes with
                             plans.                 modifications.
                    35404   Alerters.............  House recedes.
                    35405   Signal protection....  House recedes with
                                                    modifications.
                    35407   Commuter rail track    House recedes with
                             inspections.           modifications.
                    35413   Post-accident          House recedes.
                             assessment.
                    35436   Recording devices....  House recedes with
                                                    modifications.
                    35411   Railroad police        House recedes with
                             officers.              modifications.
                    35410   Repair and             House recedes with
                             replacement of         modifications.
                             damaged track.
7016........  ............  Track safety:          Senate recedes with
                             Vertical Track         modifications.
                             Deflection.
                    35437   Rail passengers        House recedes with
                             liability.             modifications.
                    35403   Signage..............  Senate recedes.
                    35406   Technology             Senate recedes.
                             implementation plans.
                    35412   Operation Deep Dive..  Senate recedes.
------------------------------------------------------------------------
                 Senate Part IV--Positive Train Control
------------------------------------------------------------------------
                    35441   Coordination of        Senate recedes.
                             Spectrum.
                    35442   Updated plans........  Senate recedes.
                    35443   Early adoption and     Senate recedes.
                             interoperability.
------------------------------------------------------------------------
                      Subtitle E--Project Delivery
------------------------------------------------------------------------
                    35501   Short title: Train,    House recedes.
                             Railroad and
                             Infrastructure
                             Network (TRAIN) Act.
1302........        35502   Treatment of           Senate recedes.
                             improvements to rail
                             under preservation
                             requirements.
401.........        35503   Efficient              House recedes with
                             environmental          modifications.
                             reviews.
402.........        35505   Railroad rights-of-    House recedes with
                             way.                   modifications.
                    35507   Protections for        House recedes.
                             existing agreements
                             and NEPA.
402.........        35502   Preservation of        Senate recedes.
                             public lands.
                    35504   Advance acquisition..  Senate recedes.
                    35506   Savings clause.......  Senate recedes.
------------------------------------------------------------------------
                           Subtitle F--Finance
------------------------------------------------------------------------
                    35601   Short Title,           House recedes with
                             References.            modifications.
                    35602   Definitions..........  House recedes with
                                                    modifications.
                    35603   Eligible applicants..  House recedes with
                                                    modifications.
                    35604   Eligible purposes....  House recedes with
                                                    modifications.
                    35605   Program                House recedes with
                             administration.        modifications.
                    35606   Loan terms and         House recedes with
                             repayment.             modifications.
                    35607   Credit risk premiums.  House recedes with
                                                    modifications.
                    35608   Master credit          House recedes with
                             agreements.            modifications.
                    35609   Priorities and         House recedes with
                             conditions.            modifications.
                    35610   Savings provision....  House recedes with
                                                    modifications.
303.........  ............  Reporting on           Senate recedes with
                             leveraging RRIF.       modifications.
------------------------------------------------------------------------
* House section numbers for Title XI correspond to H.R. 749, Passenger
  Rail Reform and Investment Act (EH).

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

       The Motor Vehicle Safety Title of the conference report 
     includes numerous provisions intended to improve vehicle and 
     roadway safety over the next five years and into the future. 
     The incorporated provisions establish a means of reducing 
     fatalities, injuries, and the associated economic and 
     societal costs resulting from motor vehicle defects and 
     roadway accidents. Specifically, the Title would modernize 
     and improve the National Highway Traffic Safety 
     Administration (NHTSA) by improving the vehicle safety recall 
     processes, enhancing agency transparency, and increasing 
     efficiency in current regulatory processes. The Title would 
     also increase accountability among automakers and other 
     stakeholders in the automotive industry, promote 
     entrepreneurship and innovation within the automotive 
     industry, and foster greater attention to vehicle safety 
     issues from both automakers and regulators.
       To modernize and enhance transparency at NHTSA, the Title 
     includes good-government provisions that would require the 
     agency to submit an annual agenda to Congress on its 
     activities for the upcoming year and authorizes additional 
     funding for NHTSA's vehicle safety program if the agency 
     implements recommendations made by the Department of 
     Transportation Inspector General to improve the agency's 
     efficacy.
       The Title also incentivizes the development and utilization 
     of new crash avoidance technologies that can help reduce the 
     severity of accidents, or prevent accidents altogether. It 
     also directs a study on unattended children warning systems. 
     One section directs NHTSA to update standards related to Tire 
     Pressure Monitoring Systems. This section should not be 
     interpreted as precluding the use of indirect tire pressure 
     monitoring systems or technologies. Both the House and the 
     Senate have been informed that NHTSA has not identified any 
     safety concerns with the indirect systems currently in use in 
     the United States. The Title also requires NHTSA to 
     promulgate a rule for registration of tires sold by 
     independent retailers.
       To improve the motor vehicle safety recall process, the 
     Title expands the availability and accessibility of vehicle 
     safety recall information to consumers and establishes a 
     pilot grant program for States to notify consumers of vehicle 
     recalls. These provisions are intended to help improve recall 
     awareness among motorists and encourage quick repair of 
     defective vehicles. In addition to these provisions, the 
     Safety Title incentivizes dealers to check for open recalls 
     at the time of service for all patrons and requires rental 
     car companies to ground vehicles that are subject to an open 
     safety recall until they are fixed. The rental car safety 
     provision contains a rule of construction stating that this 
     section should not be construed to create or increase 
     liability under State and local law for damages related to 
     the commercial loss of use of a recalled rental vehicle 
     pending completion of the recall remedy. To encourage future 
     adoption of direct vehicle notification of open recalls, the 
     Title also includes a study on the feasibility of such 
     technology.
       The Safety Title includes a provision addressing regulatory 
     parity between electric and natural gas vehicles. This 
     provision would modify the manner in which the fuel economy 
     of natural gas dual-fueled vehicles is calculated, beginning 
     in 2016, so as to more closely match the way it is done for 
     electric vehicles.
       An essential part of improving vehicle and roadway safety 
     is increasing accountability among automotive companies. To 
     that end, the Safety Title extends the time period for 
     automakers to pay for defect remedies from 10 years to 15 
     years; it extends the period companies must retain safety 
     records from 5 years to 10 years; and increases the maximum 
     cap on civil penalties for violations of motor vehicle safety 
     standards and laws from $35 million to $105 million upon 
     NHTSA's certification that its final rule on civil penalty 
     factors has been completed. These provisions reflect the 
     greater longevity of cars on the road and will prompt NHTSA 
     and automakers to identify safety issues earlier so that 
     recalls can be issued to ensure that motor vehicle owners can 
     have the necessary repairs made as quickly as possible. The 
     Title also broadens a company's recall obligations in the 
     event of bankruptcy and increases corporate responsibility 
     for documents submitted to NHTSA. It also incentivizes 
     industry employees to

[[Page H8815]]

     come forward with original information about possible motor 
     vehicle safety violations by allowing the Secretary of 
     Transportation to pay awards from a portion of recovered 
     sanctions.
       Entrepreneurship and experimentation within the 
     manufacturing sector are also essential components to the 
     automotive industry's development. To promote sustained 
     growth and ingenuity within the low-volume manufacturing 
     industry, the Safety Title includes a section that creates a 
     framework for low-volume manufacturers to produce replica 
     vehicles. One section directs the manufacturer of the engine 
     installed within replica vehicles to provide instructions to 
     the EPA Administrator and the vehicle manufacturer explaining 
     how to install the engine and maintain its functionality such 
     that it complies with certain environmental laws and 
     regulations. While the instructions must be submitted to the 
     Administrator, nothing in the legislative language 
     contemplates an approval process by the EPA Administrator. 
     Further, this provision explicitly preserves state 
     registration and licensing authorities over the use of such 
     vehicles.

                          DIVISION C--FINANCE

                        Tax Complexity Analysis

       Section 4022(b) of the Internal Revenue Service 
     Restructuring and Reform Act of 1998 (the `IRS Reform Act') 
     requires the staff of the Joint Committee on Taxation (in 
     consultation with the Internal Revenue Service and the 
     Treasury Department) to provide a tax complexity analysis. 
     The complexity analysis is required for all legislation 
     reported by the Senate Committee on Finance, the House 
     Committee on Ways and Means, or any committee of conference 
     if the legislation includes a provision that directly or 
     indirectly amends the Internal Revenue Code and has 
     widespread applicability to individuals or small businesses.
       Pursuant to clause 11(a) of rule XXII of the Rules of the 
     House of Representatives, the staff of the Joint Committee on 
     Taxation has determined that a complexity analysis is not 
     required under section 4022(b) of the IRS Reform Act because 
     the bill contains no provisions that amend the Code and that 
     have `widespread applicability' to individuals or small 
     businesses, within the meaning of the rule.

            Title XXXI--Highway Trust Fund and Related Taxes

 Extension of Highway Trust Fund Expenditure Authority (sec. 51101 of 
the Senate amendment, sec. 31101 of the House amendment, sec. 31101 of 
 the conference agreement, and secs. 9503, 9504, and 9508 of the Code) 
                                  \1\
---------------------------------------------------------------------------

     \1\ Except where otherwise stated, all section references are 
     to the Internal Revenue Code of 1986, as amended (the 
     ``Code''). All references to the House amendment refer to the 
     House Amendment to the Senate Amendment to H.R. 22 (the 
     ``DRIVE Act''), the Surface Transportation Reauthorization 
     and Reform Act of 2015, as passed by the House of 
     Representatives on November 5, 2015.
---------------------------------------------------------------------------
     Present Law Highway Trust Fund Expenditure Provisions In 
         general
       Under present law, revenues from the highway excise taxes, 
     as imposed through October 1, 2016, generally are dedicated 
     to the Highway Trust Fund. Dedication of excise tax revenues 
     to the Highway Trust Fund and expenditures from the Highway 
     Trust Fund are governed by the Code.\2\ The Code authorizes 
     expenditures (subject to appropriations) from the Highway 
     Trust Fund through December 4, 2015, for the purposes 
     provided in authorizing legislation, as such legislation was 
     in effect on the date of enactment of the Surface 
     Transportation Extension Act of 2015, Part II.
---------------------------------------------------------------------------
     \2\ Sec. 9503. The Highway Trust Fund statutory provisions 
     were placed in the Internal Revenue Code in 1982.
---------------------------------------------------------------------------
     Highway Trust Fund expenditure purposes
       The Highway Trust Fund has a separate account for mass 
     transit, the Mass Transit Account.\3\ The Highway Trust Fund 
     and the Mass Transit Account are funding sources for specific 
     programs.
---------------------------------------------------------------------------
     \3\ Sec. 9503(e)(1).
---------------------------------------------------------------------------
       Highway Trust Fund expenditure purposes have been revised 
     with each authorization Act enacted since establishment of 
     the Highway Trust Fund in 1956. In general, expenditures 
     authorized under those Acts (as the Acts were in effect on 
     the date of enactment of the most recent such authorizing 
     Act) are specified by the Code as Highway Trust Fund 
     expenditure purposes. The Code provides that the authority to 
     make expenditures from the Highway Trust Fund expires after 
     December 4, 2015. Thus, no Highway Trust Fund expenditures 
     may occur after December 4, 2015, without an amendment to the 
     Code.
       Section 9503 of the Code appropriates to the Highway Trust 
     Fund amounts equivalent to the taxes received from the 
     following: the taxes on diesel, gasoline, kerosene and 
     special motor fuel, the tax on tires, the annual heavy 
     vehicle use tax, and the tax on the retail sale of heavy 
     trucks and trailers.\4\ Section 9601 provides that amounts 
     appropriated to a trust fund pursuant to sections 9501 
     through 9511, are to be transferred at least monthly from the 
     General Fund of the Treasury to such trust fund on the basis 
     of estimates made by the Secretary of the Treasury of the 
     amounts referred to in the Code section appropriating the 
     amounts to such trust fund. The Code requires that proper 
     adjustments be made in amounts subsequently transferred to 
     the extent prior estimates were in excess of, or less than, 
     the amounts required to be transferred.
---------------------------------------------------------------------------
     \4\ Sec. 9503(b)(1).
---------------------------------------------------------------------------


                            Senate Amendment

       The expenditure authority for the Highway Trust Fund is 
     extended through September 30, 2021. The Code provisions 
     governing the purposes for which monies in the Highway Trust 
     Fund may be spent are updated to include the reauthorization 
     bill, the DRIVE Act.\5\
---------------------------------------------------------------------------
     \5\ The provision also updates the Code provisions governing 
     the Leaking Underground Storage Tank Trust Fund, and the 
     Sport Fish Restoration and Boating Trust Fund.
---------------------------------------------------------------------------
       Effective date.--The provision is effective on August 1, 
     2015.


                            House Amendment

       The expenditure authority for the Highway Trust Fund is 
     extended through September 30, 2021. The Code provisions 
     governing the purposes for which monies in the Highway Trust 
     Fund may be spent are updated to include the reauthorization 
     bill, the Surface Transportation and Reauthorization and 
     Reform Act of 2015.\6\
---------------------------------------------------------------------------
     \6\ The provision also updates the Code provisions governing 
     the Leaking Underground Storage Tank Trust Fund, and the 
     Sport Fish Restoration and Boating Trust Fund.
---------------------------------------------------------------------------
       Effective date.--The provision is effective November 21, 
     2015.


                          Conference Agreement

       The conference agreement provides for expenditure authority 
     through September 30, 2020.\7\ The Code provisions governing 
     the purposes for which monies in the Highway Trust Fund may 
     be spent are updated to include the conference agreement 
     bill, the FAST Act.
---------------------------------------------------------------------------
     \7\ Cross-references to the reauthorization bill in the Code 
     provisions governing the Sport Fish Restoration and Boating 
     Trust Fund are also updated to include the conference 
     agreement bill. In addition the date references in the Code 
     provisions governing the Leaking Underground Storage Tank 
     Trust Fund, and the Sport Fish Restoration and Boating Trust 
     Fund are also updated.
---------------------------------------------------------------------------

Extension of Highway-Related Taxes (sec. 51102 of the Senate amendment, 
    sec. 31102 of the House amendment, sec. 31102 of the conference 
agreement, and secs. 4041, 4051, 4071, 4081, 4221, 4481, 4483, and 6412 
                              of the Code)

     Present Law Highway Trust Fund Excise Taxes In general
       Six separate excise taxes are imposed to finance the 
     Federal Highway Trust Fund program. Three of these taxes are 
     imposed on highway motor fuels. The remaining three are a 
     retail sales tax on heavy highway vehicles, a manufacturers' 
     excise tax on heavy vehicle tires, and an annual use tax on 
     heavy vehicles. A substantial majority of the revenues 
     produced by the Highway Trust Fund excise taxes are derived 
     from the taxes on motor fuels. The annual use tax on heavy 
     vehicles expires October 1, 2017. Except for 4.3 cents per 
     gallon of the Highway Trust Fund fuels tax rates, the 
     remaining taxes are scheduled to expire after October 1, 
     2016. The 4.3-cents-per-gallon portion of the fuels tax rates 
     is permanent.\8\ The six taxes are summarized below.
---------------------------------------------------------------------------
     \8\ This portion of the tax rates was enacted as a deficit 
     reduction measure in 1993. Receipts from it were retained in 
     the General Fund until 1997 legislation provided for their 
     transfer to the Highway Trust Fund.
---------------------------------------------------------------------------
     Highway motor fuels taxes
       The Highway Trust Fund motor fuels tax rates are as 
     follows: \9\
---------------------------------------------------------------------------
     \9\ Secs. 4081(a)(2)(A)(i), 4081(a)(2)(A)(iii), 4041(a)(2), 
     4041(a)(3), and 4041(m). Some of these fuels also are subject 
     to an additional 0.1-cent-per-gallon excise tax to fund the 
     Leaking Underground Storage Tank Trust Fund (secs. 4041(d) 
     and 4081(a)(2)(B)).

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Gasoline..................................  18.3 cents per gallon.
Diesel fuel and kerosene..................  24.3 cents per gallon.
Alternative fuels.........................  18.3 or 24.3 cents per
                                             gallon generally.\10\
------------------------------------------------------------------------

     Non-fuel Highway Trust Fund excise taxes
---------------------------------------------------------------------------
     \10\ See secs. 4041(a)(2), 4041(a)(3), and 4041(m).
---------------------------------------------------------------------------
       In addition to the highway motor fuels excise tax revenues, 
     the Highway Trust Fund receives revenues produced by three 
     excise taxes imposed exclusively on heavy highway vehicles or 
     tires. These taxes are:
       A 12-percent excise tax imposed on the first retail sale of 
     heavy highway vehicles, tractors, and trailers (generally, 
     trucks having a gross vehicle weight in excess of 33,000 
     pounds and trailers having such a weight in excess of 26,000 
     pounds);\11\
---------------------------------------------------------------------------
     \11\ Sec. 4051.
---------------------------------------------------------------------------
       An excise tax imposed on highway tires with a rated load 
     capacity exceeding 3,500 pounds, generally at a rate of 0.945 
     cents per 10 pounds of excess; \12\ and
---------------------------------------------------------------------------
     \12\ Sec. 4071.
---------------------------------------------------------------------------
       An annual use tax imposed on highway vehicles having a 
     taxable gross weight of 55,000 pounds or more.\13\ (The 
     maximum rate for this tax is $550 per year, imposed on 
     vehicles having a taxable gross weight over 75,000 pounds.)
---------------------------------------------------------------------------
     \13\ Sec. 4481.
---------------------------------------------------------------------------
       The taxable year for the annual use tax is from July 1st 
     through June 30th of the following year. For the period July 
     1, 2016, through September 30, 2016, the amount of the annual 
     use tax is reduced by 75 percent.\14\
---------------------------------------------------------------------------
     \14\ Sec. 4482(c)(4) and (d).
---------------------------------------------------------------------------


                            Senate Amendment

       Present-law taxes are generally extended through September 
     30, 2023. The heavy vehicle use tax is extended through 
     September 30, 2024.
       Effective date.--The provision is effective on October 1, 
     2016.

[[Page H8816]]

  



                            House Amendment

       Present-law taxes are generally extended through September 
     30, 2023. The heavy vehicle use tax is extended through 
     September 30, 2024.
       Effective date.--The provision is effective October 1, 
     2016.


                          Conference Agreement

       The conference agreement generally extends present-law 
     taxes through September 30, 2022. The heavy vehicle use tax 
     is extended through September 30, 2023.
       Effective date.--The provision is effective October 1, 
     2016.

Additional Transfers to the Highway Trust Fund (sec. 31201 of the House 
   amendment, sec. 51201 of the Senate amendment, sec. 31201 of the 
            conference agreement, and sec. 9503 of the Code)


                              Present Law

       Public Law No. 110-318, ``an Act to amend the Internal 
     Revenue Code of 1986 to restore the Highway Trust Fund 
     balance'' transferred, out of money in the Treasury not 
     otherwise appropriated, $8,017,000,000 to the Highway Trust 
     Fund effective September 15, 2008. Public Law No. 111-46, 
     ``an Act to restore sums to the Highway Trust Fund and for 
     other purposes,'' transferred, out of money in the Treasury 
     not otherwise appropriated, $7 billion to the Highway Trust 
     Fund effective August 7, 2009. The Hiring Incentives to 
     Restore Employment Act transferred, out of money in the 
     Treasury not otherwise appropriated, $14,700,000,000 to the 
     Highway Trust Fund and $4,800,000,000 to the Mass Transit 
     Account in the Highway Trust Fund.\15\ The HIRE Act 
     provisions generally were effective as of March 18, 2010. 
     Moving Ahead for Progress in the 21st Century (``MAP-21'') 
     \16\ provided that, out of money in the Treasury not 
     otherwise appropriated, the following transfers were to be 
     made from the General Fund to the Highway Trust Fund:
---------------------------------------------------------------------------
     \15\ The Hiring Incentives to Restore Employment Act (the 
     ``HIRE'' Act), Pub. L. No. 111-147, sec. 442.
     \16\ Moving Ahead for Progress in the 21st Century Act 
     (``MAP-21''), Pub. L. No. 112-141, sec. 40201(a)(2), and sec. 
     40251.

------------------------------------------------------------------------
                                        FY 2013             FY 2014
------------------------------------------------------------------------
Highway Account.................  $6.2 billion......  $10.4 billion
Mass Transit Account............  ..................  $2.2 billion
------------------------------------------------------------------------

       MAP-21 also transferred $2.4 billion from the Leaking 
     Underground Storage Tank Trust Fund to the Highway Account in 
     the Highway Trust Fund. The Highway and Transportation 
     Funding Act of 2014 transferred $7.765 billion from the 
     General Fund to the Highway Account of the Highway Trust 
     Fund, $2 billion from the General Fund to the Mass Transit 
     Account of the Highway Trust Fund, and $1 billion from the 
     Leaking Underground Storage Tank Trust Fund to the Highway 
     Account of the Highway Trust Fund.\17\ Signed into law on 
     July 30, 2015, the Surface Transportation and Veterans Health 
     Care Choice Improvement Act of 2015 transferred $6.068 
     billion from the General Fund to the Highway Account of the 
     Highway Trust Fund and $2 billion from the General Fund to 
     the Mass Transit Account of the Highway Trust Fund.
---------------------------------------------------------------------------
     \17\ Highway and Transportation Funding Act of 2014, Pub. L. 
     No. 113-159, sec. 2002.
---------------------------------------------------------------------------


                            Senate Amendment

       The Senate amendment provides that out of money in the 
     Treasury not otherwise appropriated, the following transfers 
     are to be made from the General Fund to the Highway Trust 
     Fund: $34,401,000,000 to the Highway Account and 
     $11,214,000,000 to the Mass Transit account.
       Effective date.--The provision is effective on the date of 
     enactment.


                            House Amendment

       The House amendment provides that out of money in the 
     Treasury not otherwise appropriated, the following transfers 
     are to be made from the General Fund to the Highway Trust 
     Fund: $25,976,000,000 to the Highway Account and $9 billion 
     to the Mass Transit account.
       Effective date.--The provision is effective on the date of 
     enactment.


                          Conference Agreement

       The conference agreement provides that out of money in the 
     Treasury not otherwise appropriated, the following transfers 
     are to be made from the General Fund to the Highway Trust 
     Fund: $51,900,000,000 to the Highway Account and 
     $18,100,000,000 to the Mass Transit account.
       Effective date.--The provision is effective on the date of 
     enactment.

    Transfer to Highway Trust Fund of Certain Motor Vehicle Safety 
Penalties (sec. 51202 of the Senate amendment, sec. 31202 of the House 
amendment, sec. 31202 of the conference agreement, and section 9503 of 
                               the Code)


                              Present Law

       Present law imposes certain civil penalties related to 
     violations of motor vehicle safety.


                            Senate Amendment

       The provision deposits the civil penalties related to motor 
     vehicle safety in the Highway Trust Fund instead of in the 
     Treasury's General Fund.
       Effective date.--The provision is effective for amounts 
     collected after the date of enactment.


                            House Amendment

       The House amendment is the same as the Senate amendment.


                          Conference Agreement

       The conference agreement follows the House amendment and 
     Senate amendment.

 Appropriation From Leaking Underground Storage Tank Trust Fund (sec. 
51203 of the Senate amendment, sec. 31203 of the House amendment, sec. 
31203 of the conference agreement, and secs. 9503 and 9508 of the Code)


                              Present Law

       Fuels of a type subject to other trust fund excise taxes 
     generally are subject to an add-on excise tax of 0.1-cent-
     per-gallon to fund the Leaking Underground Storage Tank 
     (``LUST'') Trust Fund.\18\ For example, the LUST excise tax 
     applies to gasoline, diesel fuel, kerosene, and most 
     alternative fuels subject to highway and aviation fuels 
     excise taxes, and to fuels subject to the inland waterways 
     fuel excise tax. This excise tax is imposed on both uses and 
     parties subject to the other taxes, and to situations (other 
     than export) in which the fuel otherwise is tax-exempt. For 
     example, off-highway business use of gasoline and off-highway 
     use of diesel fuel and kerosene generally are exempt from 
     highway motor fuels excise tax. Similarly, States and local 
     governments and certain other parties are exempt from such 
     tax. Nonetheless, all such uses and parties are subject to 
     the 0.1-cent-per-gallon LUST excise tax.
---------------------------------------------------------------------------
     \18\ Secs. 4041, 4042, and 4081.
---------------------------------------------------------------------------
       Liquefied natural gas, compressed natural gas, and 
     liquefied petroleum gas are exempt from the LUST tax. 
     Additionally, methanol and ethanol fuels produced from coal 
     (including peat) are taxed at a reduced rate of 0.05 cents 
     per gallon.


                            Senate Amendment

       The provision transfers $100 million on the date of 
     enactment, $100 million on October 1, 2016 and an additional 
     $100 million on October 1, 2017, from the LUST Trust Fund to 
     the Highway Account of the Highway Trust Fund.
       Effective date.--The provision is effective on the date of 
     enactment.


                            House Amendment

       The House amendment is the same as the Senate amendment.


                          Conference Agreement

       The conference agreement follows the House amendment and 
     Senate amendment.
       Effective date.--The provision is effective on the date of 
     enactment.

                          Title XXXII--Offsets

  A. Revocation or denial of passport in case of certain unpaid taxes 
(sec. 52101 of the Senate amendment, sec. 32102 of the House amendment, 
sec. 32101 of the conference agreement and secs. 6320 and 6331 and new 
        secs. 7345 and 6103(k)(11) of the Internal Revenue Code)


                              Present Law

       The administration of passports is the responsibility of 
     the Department of State.\19\ The Secretary of State may 
     refuse to issue or renew a passport if the applicant owes 
     child support in excess of $2,500 or owes certain types of 
     Federal debts. The scope of this authority does not extend to 
     rejection or revocation of a passport on the basis of 
     delinquent Federal taxes. Although issuance of a passport 
     does not require a social security number or taxpayer 
     identification number (``TIN''), the applicant is required 
     under the Code to provide such number. Failure to provide a 
     TIN is reported by the State Department to the Internal 
     Revenue Service (``IRS'') and may result in a $500 fine.\20\
---------------------------------------------------------------------------
     \19\ ``Passport Act of 1926,'' 22 U.S.C. sec. 211a et seq.
     \20\ Sec. 6039E.
---------------------------------------------------------------------------
       Returns and return information are confidential and may not 
     be disclosed by the IRS, other Federal employees, State 
     employees, and certain other individuals having access to 
     such information except as provided in the Code.\21\ There 
     are a number of exceptions to the general rule of 
     nondisclosure that authorize disclosure in specifically 
     identified circumstances, including disclosure of information 
     about Federal tax debts for purposes of reviewing an 
     application for a Federal loan \22\ and for purposes of 
     enhancing the integrity of the Medicare program.\23\
---------------------------------------------------------------------------
     \21\ Sec. 6103.
     \22\ Sec. 6103(l)(3).
     \23\ Sec. 6103(l)(22).
---------------------------------------------------------------------------


                            Senate Amendment

       Under the Senate Amendment, the Secretary of State is 
     required to deny a passport (or renewal of a passport) to a 
     seriously delinquent taxpayer and is permitted to revoke any 
     passport previously issued to such person. In addition to the 
     revocation or denial of passports to delinquent taxpayers, 
     the Secretary of State is authorized to deny an application 
     for a passport if the applicant fails to provide a social 
     security number or provides an incorrect or invalid social 
     security number. With respect to an incorrect or invalid 
     number, the inclusion of an erroneous number is a basis for 
     rejection of the application only if the erroneous number was 
     provided willfully, intentionally, recklessly or negligently. 
     Exceptions to these rules are permitted for emergency or 
     humanitarian circumstances, including the issuance of a 
     passport for short-term use to return to the United States by 
     the delinquent taxpayer.
       The provision authorizes limited sharing of information 
     between the Secretary of State and Secretary of the Treasury. 
     If the Commissioner of Internal Revenue certifies to the 
     Secretary of the Treasury the identity of

[[Page H8817]]

     persons who have seriously delinquent Federal tax debts as 
     defined in this provision, the Secretary of the Treasury or 
     his delegate is authorized to transmit such certification to 
     the Secretary of State for use in determining whether to 
     issue, renew, or revoke a passport. Applicants whose names 
     are included on the certifications provided to the Secretary 
     of State are ineligible for a passport. The Secretary of 
     State and Secretary of the Treasury are held harmless with 
     respect to any certification issued pursuant to this 
     provision.
       A seriously delinquent tax debt generally includes any 
     outstanding debt for Federal taxes in excess of $50,000, 
     including interest and any penalties, for which a notice of 
     lien or a notice of levy has been filed. This amount is to be 
     adjusted for inflation annually, using calendar year 2014 as 
     a base year, and a cost-of-living adjustment. Even if a tax 
     debt otherwise meets the statutory threshold, it may not be 
     considered seriously delinquent if (1) the debt is being paid 
     in a timely manner pursuant to an installment agreement or 
     offer-in-compromise, or (2) collection action with respect to 
     the debt is suspended because a collection due process 
     hearing or innocent spouse relief has been requested or is 
     pending.
       Effective date.--The provision is effective on January 1, 
     2015.


                            House Amendment

       The House amendment is the same as the Senate amendment.


                          Conference Agreement

       The following changes are included in the conference 
     agreement to ensure that there is a mechanism allowing the 
     IRS to correct errors and to take into account actions taken 
     by a taxpayer to come into compliance after procedures has 
     been initiated to inform the Secretary of State that the 
     taxpayer is seriously delinquent. As explained below, these 
     measures include clarification of the definition of a 
     seriously delinquent tax debt, notification requirements, 
     standards under which the Commissioner may reverse the 
     certification of serious delinquency, and limits on authority 
     to delegate the certification process. A limited right to 
     seek injunctive relief by a taxpayer who is wrongly certified 
     as seriously delinquent is also provided.
       The provision clarifies the definition of ``seriously 
     delinquent tax debt'' to permit revocation of a passport only 
     after the IRS has followed its examination and collection 
     procedures under current law and the taxpayer's 
     administrative and judicial rights have been exhausted or 
     lapsed.
       The provision requires notice to taxpayers regarding the 
     procedures. First, the provision adds the possible loss of a 
     passport to the list of matters required to be included in 
     notices to taxpayer of potential collection activity under 
     sections 6320 or 6331. Second, the provision requires that 
     the Commissioner provide contemporaneous notice to the 
     taxpayer(s) when the Commissioner sends a certification of 
     serious delinquency to the Secretary of the Treasury. 
     Finally, in instances in which the Commissioner decertifies 
     the taxpayer's status as a delinquent taxpayer, he is 
     required to provide notice to the taxpayer contemporaneous 
     with the notice to the Secretary of the Treasury.
       The decertification process included in the conference 
     agreement provides a mechanism under which the Commissioner 
     can correct an erroneous certification or end the 
     certification because the debt is no longer seriously 
     delinquent, due to certain events subsequent to the 
     certification. If after certifying the delinquency to the 
     Secretary of the Treasury, (1) the IRS receives full payment 
     of the seriously delinquent tax debt, (2) the taxpayer enters 
     into an installment agreement under section 6159, (3) the IRS 
     accepts an offer in compromise under section 7122, or (4) a 
     spouse files for relief from joint liability, the 
     Commissioner must notify the Secretary that the taxpayer is 
     not seriously delinquent. In each instance, the 
     ``decertification'' is limited to the taxpayer who is the 
     subject of one of the above actions. In the case of a claim 
     for innocent spouse relief, the decertification is only with 
     respect to the spouse claiming relief, not both. The 
     Commissioner must generally decertify within 30 days of the 
     event that requires decertification. The Commissioner must 
     provide the notice of decertification to the Secretary of the 
     Treasury, who must in turn promptly notify the Secretary of 
     State of the decertification. The Secretary of State must 
     delete the certification from the records regarding that 
     taxpayer.
       The provision as amended limits the Commissioner's 
     authority to delegate duties under this section. As amended, 
     the authority to certify or decertify a seriously delinquent 
     tax debt is delegable only to the Deputy Commissioner for 
     Services and Enforcement, or to a Division Commissioner (the 
     head of an IRS operating division).
       Finally, the amendments to the provision permit limited 
     judicial review of the certification or a failure to reverse 
     a certification.
       Effective date.--The provision as amended is effective upon 
     date of enactment.

 B. Reform of rules related to qualified tax collection contracts, and 
  special compliance personnel program (secs. 52102 and 52103 of the 
 Senate amendment, secs. 32106 and 32107 of the House amendment, secs. 
32102 and 32103 of the conference agreement, and sec. 6306 of the Code)


                              Present Law

       Code section 6306 permits the IRS to use private debt 
     collection companies to locate and contact taxpayers owing 
     outstanding tax liabilities of any type\24\ and to arrange 
     payment of those taxes by the taxpayers. There must be an 
     assessment pursuant to section 6201 in order for there to be 
     an outstanding tax liability. An assessment is the formal 
     recording of the taxpayer's tax liability that fixes the 
     amount payable. An assessment must be made before the IRS is 
     permitted to commence enforcement actions to collect the 
     amount payable. In general, an assessment is made at the 
     conclusion of all examination and appeals processes within 
     the IRS.\25\
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     \24\ This provision generally applies to any type of tax 
     imposed under the Internal Revenue Code.
     \25\ An amount of tax reported as due on the taxpayer's tax 
     return is considered to be self-assessed. If the IRS 
     determines that the assessment or collection of tax will be 
     jeopardized by delay, it has the authority to assess the 
     amount immediately (sec. 6861), subject to several procedural 
     safeguards.
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       Several steps are involved in the deployment of private 
     debt collection companies. First, the private debt collection 
     company contacts the taxpayer by letter.\26\ If the 
     taxpayer's last known address is incorrect, the private debt 
     collection company searches for the correct address. Second, 
     the private debt collection company telephones the taxpayer 
     to request full payment.\27\ If the taxpayer cannot pay in 
     full immediately, the private debt collection company offers 
     the taxpayer an installment agreement providing for full 
     payment of the taxes over a period of as long as five years. 
     If the taxpayer is unable to pay the outstanding tax 
     liability in full over a five-year period, the private debt 
     collection company obtains financial information from the 
     taxpayer and will provide this information to the IRS for 
     further processing and action by the IRS. The Code specifies 
     several procedural conditions under which the provision would 
     operate. First, provisions of the Fair Debt Collection 
     Practices Act apply to the private debt collection company. 
     Second, taxpayer protections that are statutorily applicable 
     to the IRS are also made statutorily applicable to the 
     private sector debt collection companies. In addition, 
     taxpayer protections that are statutorily applicable to 
     employees of the IRS are made statutorily applicable to 
     employees of private sector debt collection companies. Third, 
     subcontractors are prohibited from having contact with 
     taxpayers, providing quality assurance services, and 
     composing debt collection notices; any other service provided 
     by a subcontractor must receive prior approval from the IRS.
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     \26\ The provision requires that the IRS disclose 
     confidential taxpayer information to the private debt 
     collection company. Section 6103(n) permits disclosure of 
     returns and return information for ``the providing of other 
     services . . . for purposes of tax administration.''
     \27\ The private debt collection company is not permitted to 
     accept payment directly. Payments are required to be 
     processed by IRS employees.
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       The Code creates a revolving fund from the amounts 
     collected by the private debt collection companies. The 
     private debt collection companies are paid out of this fund. 
     The Code prohibits the payment of fees for all services in 
     excess of 25 percent of the amount collected under a tax 
     collection contract.
       The Code provides that up to 25 percent of the amount 
     collected may be used for IRS collection enforcement 
     activities. The law also requires the Treasury Department to 
     provide a biennial report to the Committee on Finance and the 
     Committee on Ways and Means. The report is to include, among 
     other items, a cost benefit analysis, the impact of the debt 
     collection contracts on collection enforcement staff levels 
     in the IRS, and an evaluation of contractor performance. The 
     Omnibus Appropriations Act of 2009 (the ``Act''), which made 
     appropriations for the fiscal year ending September 30, 2009, 
     included a provision stating that none of the funds made 
     available in the Act could be used to fund or administer 
     section 6306.\28\ Around the same time, the IRS announced 
     that the IRS would not renew its contracts with private debt 
     collection agencies.\29\
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     \28\ Pub. L. No. 111-8, March 11, 2009.
     \29\ IR-2009-19, March 5, 2009.
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                            Senate Amendment

     Qualified tax collection contracts
       The provision requires the Secretary to enter into 
     qualified tax collection contracts for the collection of 
     inactive tax receivables. Inactive tax receivables are 
     defined as any tax receivable (1) removed from the active 
     inventory for lack of resources or inability to locate the 
     taxpayer, (2) for which more than 1/3 of the applicable 
     limitations period has lapsed and no IRS employee has been 
     assigned to collect the receivable; or (3) for which, a 
     receivable has been assigned for collection but more than 365 
     days have passed without interaction with the taxpayer or a 
     third party for purposes of furthering the collection. Tax 
     receivables are defined as any outstanding assessment that 
     the IRS includes in potentially collectible inventory.
       The provision designates certain tax receivables as not 
     eligible for collection under qualified tax collection 
     contracts, specifically a contract that: (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 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. The provision grants authority to the 
     Secretary to prescribe procedures for taxpayers in 
     presidentially declared disaster areas to request

[[Page H8818]]

     relief from immediate collection measures under the 
     provision.
       The provision requires the Secretary to give priority to 
     private collection contractors and debt collection centers 
     currently approved by the Treasury Department's Bureau of the 
     Fiscal Service (previously the Financial Management Service) 
     on the schedule required under section 3711(g) of title 31 of 
     the United States Code, to the extent appropriate to carry 
     out the purposes of the provision.
       The provision adds an additional exception to section 6103 
     to allow contractors to identify themselves as such and 
     disclose the nature, subject, and reason for the contact. 
     Disclosures are permitted only in situations and under 
     conditions approved by the Secretary.
       The provision requires the Secretary to prepare two reports 
     for the House Committee on Ways and Means and the Senate 
     Committee on Finance. The first report is required annually 
     and due not later than 90 days after each fiscal year and is 
     required to include: (1) the total number and amount of tax 
     receivables provided to each contractor for collection under 
     this section, (2) the total amounts collected by and 
     installment agreements resulting from the collection efforts 
     of each contractor and the collection costs incurred by the 
     IRS; (3) the impact of such contacts on the total number and 
     amount of unpaid assessments, and on the number and amount of 
     assessments collected by IRS personnel after initial contact 
     by a contractor, (4) the amount of fees retained by the 
     Secretary under subsection (e) and a description of the use 
     of such funds; and (5) a disclosure safeguard report in a 
     form similar to that required under section 6103(p)(5).
       The second report is required biannually and is required to 
     include: (i) an independent evaluation of contactor 
     performance; and (ii) a measurement plan that includes a 
     comparison of the best practices used by private debt 
     collectors to the collection techniques used by the IRS and 
     mechanisms to identify and capture information on successful 
     collection techniques used by the contractors that could be 
     adopted by the IRS.
     Special compliance personnel program
       The provision requires that the amount that, under current 
     law, is to be retained and used by the IRS for collection 
     enforcement activities under section 6306 of the Code be 
     instead used to fund a newly created special compliance 
     personnel program. The provision also requires the Secretary 
     to establish an account for the hiring, training, and 
     employment of special compliance personnel. No other source 
     of funding for the program is permitted, and funds deposited 
     in the special account are restricted to use for the program, 
     including reimbursement of the IRS and other agencies for the 
     cost of administering the qualified debt collection program 
     and all costs associated with employment of special 
     compliance personnel and the retraining and reassignment of 
     other personnel as special compliance personnel. Special 
     compliance personnel are individuals employed by the IRS to 
     serve either as revenue officers performing field collection 
     functions or as persons operating the automated collection 
     system.
       The provision requires the Secretary to prepare annually a 
     report for the House Committee on Ways and Means and the 
     Senate Committee on Finance, to be submitted no later than 
     March of each year. In the report, the Secretary is to 
     describe for the preceding fiscal year accounting of all 
     funds received in the account, administrative and program 
     costs, number of special compliance personnel hired and 
     employed as well as actual revenue collected by such 
     personnel. Similar information for the current and following 
     fiscal year, using both actual and estimated amounts, is 
     required
       Effective date.--The provision relating to qualified tax 
     collection contracts applies to tax receivables identified by 
     the Secretary after the date of enactment. The requirement to 
     give priority to certain private collection contractors and 
     debt collection centers applies to contracts and agreements 
     entered into within three months after the date of enactment, 
     and the new exception to section 6103 applies to disclosures 
     made after the date of enactment. The requirement of the 
     reports to Congress is effective on the date of enactment.
       The provision relating to the special compliance personnel 
     program applies to amounts collected and retained by the 
     Secretary after date of enactment.


                            house amendment

       The House amendment is the same as the Senate amendment.


                          conference agreement

       The conference agreement follows the House amendment and 
     the Senate amendment provision. It is intended that the IRS 
     will implement the proposal without delay to facilitate the 
     collection of taxes, which are owed to the Government but are 
     not being actively pursued by the IRS for collection, while 
     protecting taxpayer rights and privacy. To carry out these 
     goals of expeditious tax collection and taxpayer rights, it 
     is intended that the IRS will make it a priority to use 
     collection contractors and debt collection centers currently 
     approved by the Treasury Department.

C. Repeal of Modification of Automatic Extension of Return Due Date for 
    Certain Employee Benefit Plans (sec. 52105(b)(3) of the Senate 
 amendment, sec. 32104 of the conference agreement and secs. 6058 and 
                           6059 of the Code)


                              present law

       An employer that maintains a pension, annuity, stock bonus, 
     profit-sharing or other funded deferred compensation plan (or 
     the plan administrator of the plan) is required to file an 
     annual return containing information required under 
     regulations with respect to the qualification, financial 
     condition, and operation of the plan.\30\ The plan 
     administrator of a defined benefit plan subject to the 
     minimum funding requirements \31\ is required to file an 
     annual actuarial report.\32\ These filing requirements are 
     met by filing an Annual Return/Report of Employee Benefit 
     Plan, Form 5500, and providing the information as required on 
     the form and related instructions.\33\ Similarly, the 
     Employee Retirement Income Security Act of 1974 (``ERISA'') 
     requires the administrator of certain pension and welfare 
     benefit plans to file annual reports disclosing certain 
     information to the Department of Labor (``DOL'') and, with 
     respect to some defined benefit plans, to the Pension Benefit 
     Guaranty Corporation (``PBGC'').\34\ Plan administrators also 
     comply with these ERISA filing requirements by filing Form 
     5500.
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     \30\ Sec. 6058.
     \31\ Sec. 412. Most governmental plans (defined in section 
     414(d)) and church plans (defined in section 414(e)) are 
     exempt from the minimum funding requirements.
     \32\ Sec. 6059.
     \33\ Treas. Reg. secs. 301.6058-1(a) and 301.6059-1. Form 
     5500 consists of a main form and various schedules, some of 
     which require additional information to be included. The 
     schedules that must be filed and the additional information 
     that must be included with Form 5500 depend on the type and 
     size of plan. A simplified annual reporting form, Annual 
     Return/Report of Small Employee Benefit Plan, Form 5500-SF, 
     is available to certain plans (covering fewer than 100 
     employees) that are subject to reporting requirements under 
     ERISA and the Code. References herein to Form 5500 include 
     Form 5500-SF.
     \34\ ERISA secs. 103, 104, and 4065. Most governmental plans 
     and church plans are exempt from ERISA, including the ERISA 
     reporting requirements. ERISA section 3004 requires that, 
     when the IRS and DOL carry out provisions relating to the 
     same subject matter, they must consult with each other and 
     develop rules, regulations, practices and forms designed to 
     reduce duplication of effort, duplication of reporting, and 
     the burden of compliance by plan administrators and 
     employers. Under ERISA section 4065, the PBGC is required to 
     work with the IRS and DOL to combine the annual report to 
     PBGC with reports required to be made to those agencies.
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       Forms 5500 are filed with DOL, and information from Forms 
     5500 is shared with the IRS and PBGC.\35\ Form 5500 is due by 
     the last day of the seventh month following the close of the 
     plan year.\36\ DOL and IRS rules allow the due date to be 
     automatically extended by 2\1/2\ months if a request for 
     extension is filed.\37\ Thus, in the case of a plan that uses 
     the calendar year as the plan year, the extended due date for 
     Form 5500 is October 15.
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     \35\ Form 5500 filings are also publicly released in 
     accordance with sec. 6104(b) and Treas. Reg. sec. 
     301.6104(b)-1 and ERISA secs. 104(a)(1) and 106(a).
     \36\ Under ERISA section 104(a)(1), the annual report is due 
     within 210 days after the close of the plan year or within 
     such time as provided by regulations to reduce duplicative 
     filings. DOL and IRS regulations provide for filing at the 
     time required by the forms and instructions issued by the 
     agencies. 29 C.F.R. sec. 2520.104a-5(a)(2) and Treas. Reg. 
     secs. 301.6058-1(a)(4) and 301.6059-1(a).
     \37\ Treas. Reg. sec. 1.6081-11(a). Instructions for Form 
     5500 also provide for an automatic extension of time to file 
     the Form 5500 until the due date of the Federal income tax 
     return of the employer maintaining the plan if (1) the plan 
     year and the employer's tax year are the same; (2) the 
     employer has been granted an extension of time to file its 
     federal income tax return to a date later than the normal due 
     date for filing the Form 5500; and (3) a copy of the 
     application for extension of time to file the Federal income 
     tax return is maintained with the records of the Form 5500 
     filer. An extension granted by using this automatic extension 
     procedure cannot be extended beyond a total of 9\1/2\ months 
     beyond the close of the plan year.
---------------------------------------------------------------------------
       Under the Surface Transportation and Veterans Health Care 
     Choice Improvement Act of 2015, in the case of returns for 
     taxable years beginning after December 31, 2015, the 
     Secretary of the Treasury is directed to modify appropriate 
     regulations to provide that the maximum extension for the 
     returns of employee benefit plans filing Form 5500 is an 
     automatic 3\1/2\-month period ending on November 15 for 
     calendar-year plans.\38\
---------------------------------------------------------------------------
     \38\ Section 2006(b)(3) of Pub. L. No. 114-41 (July 31, 
     2015).
---------------------------------------------------------------------------


                            senate amendment

       Under the provision, in the case of returns for any taxable 
     period beginning after December 31, 2015, the Secretary of 
     the Treasury or the Secretary's delegate is directed to 
     modify appropriate regulations to provide that the maximum 
     extension for the returns of employee benefit plans filing 
     Form 5500 is an automatic 3\1/2\-month period beginning on 
     the due date for filing the return, without regard to any 
     extensions.\39\
---------------------------------------------------------------------------
     \39\ The provision in the Senate amendment is similar to 
     section 2006(b)(3) of Pub. L. No. 114-41, which was enacted 
     after the Senate amendment was passed by the Senate.
---------------------------------------------------------------------------
       Effective date.--The provision in the Senate amendment is 
     effective on the date of enactment.


                            house amendment

       No provision.


                          conference agreement

       The conference agreement does not include the Senate 
     amendment provision. The conference agreement repeals the 
     provision in the Surface Transportation and Veterans Health 
     Care Choice Improvement Act of 2015 that provides for an 
     automatic 3\1/2\-month extension of the due date for filing 
     Form 5500. Thus, the extended due date for Form 5500 is

[[Page H8819]]

     determined under DOL and IRS rules as in effect before 
     enactment of the Surface Transportation and Veterans Health 
     Care Choice Improvement Act of 2015.
       Effective date.--The provision in the conference agreement 
     is effective for returns for taxable years beginning after 
     December 31, 2015.
     Section 32201--Adjustment for Inflation of Fees for Certain 
         Customs Services


                              present law

       Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 establishes certain fees for 
     customs services. These fees are not currently adjusted for 
     inflation.


                               house bill

       The House bill provides that the Secretary of Treasury 
     shall annually adjust the fees collected under Section 
     13031(a) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 and the limitations on fees under paragraphs (2), 
     (3), (5), (6), (8), and (9) of subsection (b), on, to reflect 
     any increase in the average of the Consumer Price Index.
       Effective date.--The provision is effective on October 1, 
     2015.


                            senate amendment

       The Senate amendment is the same as the House bill.
       Effective date.--The provision is effective on October 1, 
     2015.


                          conference agreement

       The conference agreement follows the House bill and the 
     Senate amendment provision with two changes. First, changes 
     to subsection (b) reaffirm Congressional intent that revenue 
     from the adjustments are to be deposited into the Customs 
     User Fee Account, subject to appropriations acts. Second, it 
     sets the first adjustment on April 1, 2016 instead of October 
     1, 2015.
       Effective date.--The provision is effective on April 1, 
     2016.
     Extension of Enterprise Guarantee Fees


                            senate amendment

       Section 52205 of the Senate amendment to H.R. 22 modifies 
     Section 1327(f) of the Housing and Community Development Act 
     of 1992 to extend enterprise guarantee fees from October 1, 
     2021 to October 1, 2025.


                            house amendment

       The House amendment to the Senate amendment to H.R. 22 
     contains no provisions comparable to the Senate position.


                          conference agreement

       The Senate recedes from its position and concurs in the 
     House position.
     Section 32202--Limitation on Surplus Funds of Federal Reserve 
         Banks


                            house amendment

       Section 32202 of the House amendment to the Senate 
     amendment to H.R. 22 modifies Section 7 of the Federal 
     Reserve Act (12 U.S.C. 289) to execute a liquidation of the 
     Federal Reserve surplus account and a remittance of funds to 
     the U.S. Treasury. Section 32202 also dissolves the existence 
     of the surplus account on a go-forward basis. Finally, 
     Section 32202 ensures future net earnings of the Federal 
     Reserve, in excess of dividend paid, are remitted to the U.S. 
     Treasury.


                            senate amendment

       The Senate amendment to H.R. 22 contains no provisions 
     comparable to the House position.


                         conference substitute

       The Senate recedes from its position and concurs in the 
     House position with certain modifications. Specifically, the 
     conference substitute retains the Federal Reserve surplus 
     account, but caps it at $10,000,000,000. Any amounts which 
     exceed the cap are remitted to the U.S. Treasury.
     Section 32203--Dividends of the Federal Reserve Bank


                            senate amendment

       Section 52203 of the Senate amendment to H.R. 22 modified 
     Section 7(a)(1)(A) of the Federal Reserve Act (12 U.S.C. 
     289(a)(1)(A)) by reducing the interest rate from 6 percent to 
     1.5 percent on capital paid into the Federal Reserve System 
     by member banks with consolidated assets over $1,000,000,000.


                            house amendment

       The House amendment to the Senate amendment to H.R. 22 
     contains no provisions comparable to the Senate position.


                         conference substitute

       The House recedes from its position and concurs in the 
     Senate position with certain modifications. Specifically, the 
     conference substitute retains the 6 percent dividend in 
     current law for Federal Reserve System member banks with 
     consolidated assets of $10,000,000,000 or less, indexed to 
     inflation. For member banks with consolidated assets greater 
     than that amount, the conference substitute replaces the 1.5 
     percent interest rate with the smaller of: the rate equal to 
     the high yield of the 10-year Treasury note auctioned at the 
     last auction held prior to the payment of a dividend, and 6 
     percent. Finally, the conference substitute delays the 
     effective date of the modification to January 1, 2016.
     Section 32204--Strategic Petroleum Reserve Drawdown and Sale
       Drawdown and Sale. Subsection (a) would direct the 
     Department of Energy to draw down and sell 66 million barrels 
     of crude oil from the Strategic Petroleum Reserve (SPR).
       Emergency Protection. Subsection (b) would provide that 
     Secretary shall not draw down and sell crude oil under this 
     section in quantities that would limit the authority to sell 
     petroleum products under section 161(h) of the Energy Policy 
     and Conservation Act. This subsection conditions the 66 
     million barrels of oil authorized to be sold in a) upon the 
     maintenance of a 530 million barrel floor generally in the 
     Reserve. Forthcoming drawdowns previously authorized by the 
     Bipartisan Budget Act of 2015 would take precedence.
       Increase; Limitation. Subsection (c) would authorize the 
     increase of drawdown and sales under subsection (b) in order 
     to maximize the financial return to the United States 
     taxpayers, but limits the drawdown and sales under this 
     section to a maximum of $6,200,000,000 of revenue to the 
     Treasury.
     Sec. 32205--Repeal
       Section 32205 would repeal Section 201 of the Bipartisan 
     Budget Act of 2015. Section 201 of the Bipartisan Budget Act 
     of 2015 required the U.S. Department of Agriculture to 
     renegotiate the Standard Reinsurance Agreement by December 
     31, 2016, and would have placed a cap on the overall rate of 
     return such that the target rate of return did not exceed 8.9 
     percent of the retained premium.
     Sec. 32301--Interest Overpayments
       Section 32301 strikes the requirement that the Office of 
     National Resources Revenue (ONRR) pay interest on 
     overpayments. ONRR, which is part of the Department of the 
     Interior, believes that some lessees overpay deliberately in 
     order to engage in ``banking with ONRR'' and that the ONRR 
     interest rate is in some cases greater than that offered by 
     other interest earning mechanisms. This provision is part of 
     the President's FY 2016 budget. Offset estimate: $300 
     million.
     Section 32401--Budgetary Effects


                            house amendment

       The House amendment to the Senate amendment to H.R. 22 
     contains no provisions compared to the Senate position.


                            senate amendment

       Section 80001 of the Senate amendment to H.R. 22 provides 
     the budgetary effects to be entered into the PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010 (Public Law 111-139) shall be determined 
     by the submission printed for the Congressional Record by the 
     Chairman of the Senate Budget Committee.


                         conference substitute

       The conference substituteprovides that the budgetary 
     effects of this Act shall not be entered on either PAYGO 
     scorecard maintained pursuant to section 4(d) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139).

                       DIVISION D--MISCELLANEOUS

               Title XLI--Federal Permitting Improvements

       Title XLI of the conference report seeks to make more 
     efficient the process for federal approval for major 
     infrastructure projects. It creates a council composed of the 
     relevant permitting agencies to establish best practices and 
     model timelines for review, designate individuals within 
     agencies with primary responsibility for coordinating reviews 
     and agency decisions, and shorten the time in which 
     challenges can be made to final decisions.
       The Senate recedes with an amendment.

                   Title XLII--Additional Provisions

       Title XLII directs the GAO to study the payments made to 
     vendors of kerosene that is used in noncommercial aviation 
     and submit the results of that study in a report to Congress.

            Title XLIII--Requirements Regarding Rule Makings

       The House amendment includes a provision requiring that for 
     any publication in the Federal Register pertaining to a rule 
     required pursuant to this Act, the agency making the rule 
     shall include the information that the rule is based upon, 
     including data and studies, and indicate how the public can 
     access that information online.
       The Senate amendment contains no similar provision.
       The Senate recedes.

       Title XLIV--Payments to Certified States and Indian Tribes

       In the Moving Ahead for Progress in the 21st Century Act 
     (MAP-21), payments based upon Abandoned Mine Land (AML) funds 
     set forth in the Surface Mining Control and Reclamation Act 
     of 1977 due to certified states were capped at $15,000,000.00 
     annually, regardless of the amounts actually due to those 
     certified states. The amounts due the certified states in 
     excess of the $15,000,000.00 were used as offsets for 
     different purposes. In certain instances, the $15,000,000.00 
     payments were insufficient to meet the amounts certified 
     states were owed by the Federal government. This provision 
     requires payment of those excess funds owed by the Federal 
     government to those certified states, but not paid.

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

       Division E reauthorizes and reforms the Export-Import Bank 
     of the United States. There was no disagreement between the 
     Senate amendment and the House amendment.

                      DIVISION F--ENERGY SECURITY

     Sec. 61001--Emergency Preparedness for Energy Supply 
         Disruptions
       Section 61001 would include the finding that recent natural 
     disasters have underscored the importance of having resilient 
     oil and natural gas infrastructure and effective

[[Page H8820]]

     ways for industry and government to communicate to address 
     energy supply disruptions. This section also would direct the 
     Secretary of Energy to develop and adopt procedures to 
     enhance communication and coordination between the Department 
     of Energy (DOE), Federal partners, State and local 
     government, and the private sector to improve emergency 
     response and recovery.
     Sec. 61002--Resolving Environmental and Grid Reliability 
         Conflicts
       Section 61002 would resolve conflicts between orders issued 
     pursuant to the Federal Power Act and compliance with 
     environmental laws and regulations. Administration of section 
     202(c) has led owners of electric generating units (EGUs) to 
     conclude that they can be forced to choose between complying 
     with an emergency order from DOE under that section or 
     violating an obligation imposed by environmental laws or 
     regulations. Left unresolved, therefore, the current 
     statutory structure presents the potential for conflicting 
     legal mandates that could threaten the reliability of the 
     grid.
       To ensure that EGUs and other facilities critical to 
     electric reliability are available for service as needed and 
     to remove the potential for conflict between obligations 
     imposed by law, section 61002 would amend section 202(c) of 
     the FPA to clarify that when a party is under an emergency 
     directive to operate pursuant to section 202(c), it would not 
     be deemed in violation of environmental laws or regulations 
     or subject to civil or criminal liability, or citizen 
     enforcement actions, as a result of actions taken that are 
     necessary to comply with a DOE-issued emergency order. The 
     section further provides that after an initial order, not to 
     exceed 90 days duration, DOE may renew or reissue an order 
     for subsequent 90-day periods as it determines necessary. 
     However, in renewing or reissuing any such order, DOE must 
     consult with the primary federal agency with expertise in the 
     environmental interest protected by a potentially conflicting 
     environmental law and include in such order conditions 
     determined by such agency to be necessary to minimize any 
     adverse environmental impacts that may result from such 
     order, to the extent practicable. DOE may exclude such a 
     condition from the renewed or reissued order if it determines 
     that such condition would prevent the order from adequately 
     addressing the emergency necessitating such order and 
     provides in the order, or otherwise makes publicly available, 
     an explanation of such determination.
     Sec. 61003--Critical Electric Infrastructure Security
       Section 61003 would establish a new section 215A of the 
     Federal Power Act that would provide the Secretary of Energy 
     with the authority to address grid security emergencies if 
     the President provides a written directive or determination 
     identifying a grid security emergency. The Secretary would be 
     authorized to take emergency measures to protect the bulk 
     power system or defense critical electric infrastructure 
     located in the contiguous 48 States and the District of 
     Columbia, including ordering critical electric infrastructure 
     owners and operators to take appropriate actions, with such 
     measures to expire no later than fifteen days from issuance. 
     The new section 215A would also facilitate the protection and 
     voluntary sharing of critical electric infrastructure 
     information between private sector asset owners and the 
     Federal government by: (1) exempting designated Critical 
     Electric Infrastructure Information from certain Federal and 
     State disclosure laws for a period up to 5 years; (2) 
     requiring FERC to facilitate voluntary information sharing 
     between Federal, State, local and tribal authorities, the 
     Electric Reliability Organization, regional entities, and 
     owners, operators and users of the bulk-power system in the 
     U.S.; and (3) establishing sanctions for the unauthorized 
     disclosure of shared information.
       Section 61003 would also codify DOE as the Sector-Specific 
     Agency for cyber security for the energy sector and specify 
     DOE's duties with regard to that role.
     Sec. 61004--Strategic Transformer Reserve
       Section 61004 would require DOE to submit a plan to 
     Congress evaluating the feasibility of establishing a 
     Strategic Transformer Reserve for the storage, in 
     strategically-located facilities, of spare large power 
     transformers and emergency mobile substations in sufficient 
     numbers to temporarily replace critically damaged large power 
     transformers and substations. Strategically-located spare 
     large power transformers and emergency mobile substations 
     would diminish the vulnerability of the United States to 
     multiple risks facing electric grid reliability, including 
     physical attack, cyber-attack, electromagnetic pulse, 
     geomagnetic disturbances, severe weather, and seismic events.
     Sec. 61005--Energy Security Evaluation
       Section 61005 would direct the Secretary of Energy, in 
     collaboration with the Secretary of State, to establish U.S. 
     energy security valuation methods to ensure that energy-
     related actions that significantly affect the supply, 
     distribution, or use of energy are evaluated with respect to 
     their potential impact on energy security, including their 
     impact on consumers and the economy; energy supply, diversity 
     and resiliency; well-functioning and competitive energy 
     markets; United States trade balance; and national security 
     objectives.

                     DIVISION G--FINANCIAL SERVICES


                            House Amendment

       Division G (Financial Services) of the House amendment to 
     the Senate amendment to H.R. 22 is comprised of 15 titles 
     that provide regulatory relief to facilitate capital 
     formation, ensure greater consumer access to financial 
     products and services, and provide for certain reforms 
     relating to mint operations and housing. The titles within 
     Division G are derived from measures passed by the House on a 
     bipartisan basis in the 114th Congress.
     Title LXXI--Improving Access to Capital for Emerging Growth 
         Companies
       Title LXXI makes changes related to the treatment of 
     Emerging Growth Companies (EGCs), as defined by the Jumpstart 
     Our Business Startups Act (JOBS Act). Specifically, this 
     title reduces the number of days an EGC must have a 
     confidential registration statement on file with the 
     Securities and Exchange Commission (SEC) before it may 
     conduct a ``road show'' from 21 days to 15 days. Title LXXI 
     also clarifies that an issuer that was an EGC at the time it 
     filed a confidential registration statement but is no longer 
     an EGC will continue to be treated as an EGC through the date 
     of its IPO. Finally, Title LXXI requires the SEC to revise 
     its general instructions on Form S-1 regarding the financial 
     information an issuer must disclose prior to its IPO. The 
     House passed legislation identical to the provisions 
     contained in Title LXXI by voice vote on July 14, 2015.
     Title LXXII--Disclosure Modernization and Simplification
       Title LXXII directs the SEC to simplify its disclosure 
     regime for issuers and investors by permitting issuers to 
     submit a summary page on Form 10-K with cross-references to 
     the content of the report. This title also directs the SEC to 
     revise Regulation S-K to scale disclosure rules for EGCs and 
     smaller issuers, and to eliminate duplicative, outdated, or 
     unnecessary Regulation S-K disclosure requirements for all 
     issuers. Finally, Title LXXII directs the SEC to further 
     study Reg. S-K and engage in rulemaking to implement 
     additional reforms to simplify and modernize Regulation S-K 
     disclosure rules within 360 days of enactment of this title. 
     The House passed legislation identical to the provisions 
     contained in Title LXXII by voice vote on October 6, 2015.
     Title LXXIII--Bullion and Collectible Coin Production 
         Efficiency and Cost Savings
       Title LXXIII eliminates a requirement for special packaging 
     of gold investment-grade coins made by the United States 
     Mint, allows the Mint to purchase blanks for silver coins 
     made of standard coinage silver instead of a custom silver 
     alloy, and removes the requirement for an already-completed 
     study leading to the Mint issuing investment-grade coins of 
     palladium. This title also allows for the collector version 
     of the 30th anniversary American Eagle Siler Bullion Coin to 
     be edge-lettered to denote such anniversary. The House passed 
     legislation identical to the provisions contained in Title 
     LXXIII by voice vote on June 24, 2015.
     Title LXXIV--SBIC Advisers Relief
       Title LXXIV amends the Investment Advisers Act of 1940 to 
     reduce unnecessary regulatory costs and eliminate duplicative 
     regulation of advisers to Small Business Investment Companies 
     (SBICs). This title preempts state registration requirements 
     of advisers solely advising SBIC funds, allows advisers to 
     venture capital funds to continue to be ``exempt reporting 
     advisers'' if they also advise an SBIC fund, and prevents the 
     inclusion of the assets of an SBIC fund in the SEC 
     registration calculation of assets under management for those 
     advisers that advise private funds in addition to SBIC funds. 
     The House passed legislation identical to the provisions 
     contained in Title LXXIV by voice vote on July 14, 2015.
     Title LXXV--Eliminate Privacy Notice Confusion
       Title LXXV amends the Gramm-Leach-Bliley Act to reduce 
     confusion among consumers that can occur when they receive 
     annual privacy notices by clarifying that annual privacy 
     notices are only required when disclosure policies change 
     after the relationship begins, and to the extent an 
     institution shares sensitive personal information with third 
     parties for marketing purposes. The House passed legislation 
     identical to the provisions contained in Title LXXV by voice 
     vote on April 13, 2015.
     Title LXXVI--Reforming Access for Investments in Startup 
         Enterprises
       Title LXXVI amends Section 4 of the Securities Act of 1933 
     to facilitate the sale of company-issued securities by 
     employees of private companies. Under current law, a holder 
     of securities issued in a private placement may resell the 
     securities on a public market after a holding period. 
     However, there is not a legal framework providing for the 
     private resale of such securities. Accordingly, this title 
     establishes a legal framework for such transactions. The 
     House passed legislation identical to the provisions 
     contained in Title LXXVI by a vote of 404-0 on October 6, 
     2015.
     Title LXXVII--Preservation Enhancement and Savings 
         Opportunity
       Title LXXVII amends the Low Income Housing Preservation and 
     Resident Homeownership Act of 1990 (LIHPRHA) to permit 
     property owners (including nonprofits) of multifamily 
     developments subsidized by the Department of Housing and 
     Urban Development (HUD) to access income derived from such 
     developments provided that the owners

[[Page H8821]]

     adhere to HUD's affordability and compliance standards. This 
     title also provides for certain reforms under LIHPRHA 
     relating to obtaining or refinancing a loan secured by a low-
     income housing project. The House passed legislation 
     identical to the provisions contained in Title LXXVII by 
     voice vote on July 14, 2015
     Title LXXVIII--Tenant Income Verification Relief
       Title LXXVIII permits HUD to allow public and assisted 
     housing administrators to verify income once every three 
     years--instead of annually--for low-income tenants that have 
     fixed incomes, such as incomes derived from social security 
     payments. The House passed legislation identical to the 
     provisions contained in Title LXXVIII by voice vote on March 
     24, 2015.
     Title LXXVIX--Housing Assistance Efficiency
       Title LXXVIX amends the McKinney-Vento Homeless Assistance 
     Act to allow a private nonprofit organization to administer 
     permanent housing rental assistance provided through the 
     Continuum of Care Program under the Act. This title also 
     requires that the HUD Secretary reallocate, at least once 
     during each fiscal year, any housing assistance provided from 
     the Emergency Solutions Grants Program that is unused or 
     returned, or that becomes available after the minimum 
     allocation requirements under the Act. The House passed 
     legislation identical to the provisions contained in Title 
     LXXVIX by voice vote on July 14, 2015.
     Title LXXX--Child Support Assistance
       Title LXXX amends the Fair Credit Reporting Act to 
     eliminate the requirement that state and local child support 
     agencies and courts notify an obligor ten days before 
     retrieving a consumer report for purposes of determining the 
     appropriate level of child support payments, or enforcing a 
     child support order, award, agreement, or judgment. The House 
     passed legislation identical to the provisions contained in 
     Title LXXX by voice vote on October 6, 2015.
     Title LXXXI--Private Investment in Housing
       Title LXXXI authorizes the HUD Secretary to establish a 
     demonstration program under which the Secretary may enter 
     into budget-neutral, performance-based agreements (for up to 
     12 years each) that result in a reduction in energy or water 
     costs with appropriate entities. Specifically, such 
     agreements shall facilitate energy or water conservation 
     improvements at up to 20,000 residential units in multifamily 
     buildings participating in Section 8 rental assistance 
     programs, supportive housing for the elderly, or supportive 
     housing for people with disabilities. This title mirrors a 
     request by the Administration in its 2015 Budget proposal. 
     The House passed legislation identical to the provisions 
     contained in Title LXXXI by voice vote on July 14, 2015.
     Title LXXXII--Capital Access for Small Community Financial 
         Institutions
       Title LXXXII amends the Federal Home Loan Bank Act to allow 
     privately insured credit unions to be eligible for membership 
     in the Federal Home Loan Bank (FHLB) System. In order to be 
     eligible for membership, a privately insured credit union 
     must receive a certification from its state supervisor 
     stating that it is eligible to apply for Federal deposit 
     insurance. Additionally, the private insurer of the credit 
     union must provide a copy of the credit union's annual audit 
     report to the National Credit Union Administration (NCUA) and 
     the Federal Housing Finance Agency. Further, a state 
     supervisor must provide to the NCUA, upon request, the 
     results of any examination and reports concerning a private 
     insurer of credit unions licensed in that state. The House 
     passed legislation identical to the provisions contained in 
     Title LXXXII by voice vote on April 13, 2015.
     Title LXXXIII--Small Bank Exam Cycle Reform
       Title LXXXIII amends the Federal Deposit Insurance Act to 
     increase the qualifying asset threshold for insured 
     depository institutions eligible for 18-month on-site 
     examination cycles from $500 million to $1 billion. The House 
     passed legislation identical to the provisions contained in 
     Title LXXXIII by a vote of 411-0 on October 6, 2015.
     Title LXXXIV--Small Company Simple Registration
       Title LXXXIV simplifies the registration process by 
     amending the SEC's Form S-1 registration statement, which is 
     the basic registration form for new securities offerings, to 
     allow smaller reporting companies to incorporate by reference 
     any documents filed with the SEC after the effective date of 
     the Form S-1. The House passed legislation identical to the 
     provisions contained in Title LXXXIV by a vote of 426-0 on 
     July 14, 2015.
     Title LXXXV--Holding Company Registration Threshold 
         Equalization
       Title LXXXV amends Title VI of the JOBS Act to raise the 
     threshold for mandatory SEC registration of savings and loan 
     companies from 500 shareholders of record to 2,000 
     shareholders of record (with no limitation on the number of 
     non-accredited investors) and to raise the threshold for a 
     savings and loan company to terminate its registration from 
     300 to 1,200 shareholders of record. The House passed 
     legislation identical to the provisions contained in Title 
     LXXXV by voice vote on July 14, 2015.


                            Senate Amendment

       The Senate amendment to H.R. 22 contains no provisions 
     comparable to the House position.


                         Conference Substitute

       The Senate recedes from its position and concurs in the 
     House position with certain modifications. Specifically, the 
     conference substitute consists of the above-described fifteen 
     titles, as adopted by the House without further modification, 
     and five additional titles providing for regulatory relief 
     and related financial services reforms. These five titles are 
     the following:
     Title LXXXVI--Repeal of Indemnification Requirements
       Title LXXXVI amends the Securities Exchange Act of 1934 and 
     the Commodity Exchange Act to repeal the indemnification 
     requirements added by the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act for regulatory authorities to obtain 
     access to swap data. Foreign regulators and regulatory 
     entities have indicated concerns regarding the 
     indemnification requirements of Dodd-Frank. The title removes 
     such requirements so data can be shared with foreign 
     authorities. The title would still require the regulatory 
     agencies requesting the information to agree to certain 
     confidentiality requirements prior to receiving the data. The 
     House passed legislation identical to the provisions 
     contained in Title LXXXVI by voice vote on July 14, 2015.
     Title LXXXVII--Treatment of Debt or Equity Instruments of 
         Smaller Institutions
       Title LXXXVII amends the Financial Stability Act of 2010 to 
     adjust the date on which consolidated assets are determined 
     for purposes of exempting certain instruments of smaller 
     institutions from capital deductions. The purpose of this 
     title is to provide regulatory relief from the requirements 
     of Section 171 of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act to certain bank holding companies 
     with less than $15 billion in assets. The title permits bank 
     holding companies to continue counting hybrid capital 
     instruments issued before May 19, 2010, as Tier 1 capital so 
     long as the company held less than $15 billion in assets as 
     of either December 31, 2009 or March 31, 2010.
     Title LXXXIII--State Licensing Efficiency
       Title LXXXIII amends the Secure and Fair Mortgage Licensing 
     Act of 2008 (SAFE Act) by directing the Attorney General to 
     provide appropriate state officials responsible for 
     regulating financial service providers with access to 
     criminal history information to the extent that criminal 
     history background checks are required under state law for 
     the licensing of such parties. In 2006, the states, under the 
     auspices of the Conference of State Bank Supervisors (CSBS), 
     developed the Nationwide Mortgage Licensing System and 
     Registry (NMLS). According to CSBS, the NMLS platform was 
     designed to provide ``improved coordination and information 
     sharing among regulators, increased efficiencies for 
     industry, and enhanced consumer protection.'' Congress 
     codified the NMLS in 2008 through the SAFE Act. Title LXXXIII 
     is intended to authorize the NMLS to process criminal 
     background checks for non-depository licensees beyond 
     mortgage loan originators. The House passed legislation 
     identical to the provisions contained in Title LXXXIII by 
     voice vote on October 28, 2015.
     Title LXXXIX--Helping Expand Lending Practices in Rural 
         Communities
       Title LXXXIX amends the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act to require the Bureau of Consumer 
     Financial Protection (Bureau) to create a petition process 
     for interested parties to apply for an area not designated by 
     the Bureau as rural for purposes of federal consumer 
     financial law to be so designated. Under this title, the 
     Bureau is required to publish applications in the Federal 
     Register within 60 days and make them available for public 
     comment for no fewer than 90 days. When evaluating the 
     application, the Bureau would be required to take into 
     consideration:
       Criteria used by the U.S. Census Bureau when classifying 
     geographical areas as rural or urban;
       Criteria used by the Office of Management and Budget when 
     designating counties as metropolitan or micropolitan or 
     neither;
       Criteria used by the Department of Agriculture when 
     determining property eligibility for rural development 
     programs;
       The Department of Agriculture rural-urban commuting area 
     codes;
       A written opinion of the State banking regulator; and
       Population density.
       Title LXXXIX further requires the Bureau to grant or deny 
     any application within 90 days following the expiration of 
     the comment period. The grant or denial must be published in 
     the Federal Register, along with an explanation of what 
     factors the Bureau relied upon in making the decision.
       Title LXXXIX contains a rule of construction providing that 
     the Bureau is not required to consider, in connection with 
     the above-described evaluation, any previous designation of 
     the area as non-rural by certain other Federal agencies. 
     Title LXXXXIX also includes a sunset provision providing that 
     the designation review process established under such title 
     shall cease to have force or effect after the end of the two-
     year period beginning on the date of the title's enactment. 
     In addition, Title LXXXIX amends the Truth in Lending Act to 
     provide the Bureau with authority to treat a balloon loan as 
     a ``qualified mortgage'' if such loan was extended by any 
     creditor operating in rural or underserved areas, even if the 
     creditor

[[Page H8822]]

     does not operate predominantly in such areas. Finally, Title 
     LXXXIX provides expanded authority for the Bureau to exempt 
     creditors serving rural or underserved areas from 
     requirements applicable to escrow and impound accounts 
     relating to certain consumer credit transactions. The House 
     passed legislation substantially similar to the provisions 
     contained in Title LXXXIX by a vote of 401-1 on April 13, 
     2015.

                          ADVISORY OF EARMARKS

       Pursuant to clause 9 of rule XXI of the Rules of the House 
     of Representatives, it shall not be in order to consider in 
     the House of Representative a conference report to accompany 
     a bill or joint resolution unless the joint explanatory 
     statement includes a list of congressional earmarks, limited 
     tax benefits, or limited tariff benefits as defined in clause 
     9(e), 9(f), and 9(g) of rule XXI of the Rules of the House of 
     Representatives or a statement that the proposition contains 
     no congressional earmarks, limited tax benefits, or limited 
     tariff benefits. No provision in the conference report 
     accompanying H.R. 22 includes an earmark, limited tax 
     benefit, or limited tariff benefit under clause 9(e), 9(f), 
     or 9(g) of rule XXI
     From the Committee on Transportation and Infrastructure, for 
     consideration of the House amendment and the Senate 
     amendment, and modifications committed to conference.
     Bill Shuster,
     John J. Duncan, Jr.,
     Sam Graves,
     Candice S. Miller,
     Eric A. ``Rick'' Crawford,
     Lou Barletta,
     Blake Farenthold,
     Bob Gibbs,
     Jeff Denham,
     Reid J. Ribble,
     Scott Perry,
     Rob Woodall,
     John Katko,
     Brian Babin,
     Cresent Hardy,
     Garret Graves,
     Peter A. DeFazio,
     Eleanor Holmes Norton,
     Jerrold Nadler,
     Corrine Brown,
     Eddie Bernice Johnson,
     Elijah E. Cummings,
     Rick Larsen,
     Michael E. Capuano,
     Grace F. Napolitano,
     Daniel Lipinski,
     Steve Cohen,
     Albio Sires,
     As additional conferees from the Committee on Armed Services, 
     for consideration of sec. 1111 of the House amendment, and 
     modifications committed to conference:
     Mac Thornberry,
     Loretta Sanchez,
     As additional conferees from the Committee on Energy and 
     Commerce, for consideration of secs. 1109, 1201, 1202, 3003, 
     Division B, secs. 31101, 31201, and Division F of the House 
     amendment and secs. 11005, 11006, 11013, 21003, 21004, 
     subtitles B and D of title XXXIV, secs. 51101 and 51201 of 
     the Senate amendment, and modifications committed to 
     conference:
     Fred Upton,
     Markwayne Mullin,
     Frank Pallone, Jr.,
     As additional conferees from the Committee on Financial 
     Services, for consideration of sec. 32202 and Division G of 
     the House amendment and secs. 52203 and 52205 of the Senate 
     amendment, and modifications committed to conference:
     Maxine Waters,
     As additional conferees from the Committee on the Judiciary, 
     for consideration of secs. 1313, 24406, and 43001 of the 
     House amendment and secs. 32502 and 35437 of the Senate 
     amendment, and modifications committed to conference:
     Bob Goodlatte,
     Tom Marino,
     Zoe Lofgren,
     As additional conferees from the Committee on Natural 
     Resources, for consideration of secs. 1114-16, 1120, 1301, 
     1302, 1304, 1305, 1307, 1308, 1310-13, 1316, 1317, 10001, and 
     10002 of the House amendment and secs. 11024-27, 11101-13, 
     11116-18, 15006, 31103-05, and 73103 of the Senate amendment 
     and modifications committed to conference:
     Glenn Thompson,
     Darin LaHood,
     As additional conferees from the Committee on Oversight and 
     Government Reform, for consideration of secs. 5106, 5223, 
     5504, 5505, 61003, and 61004 of the House amendment and secs. 
     12004, 21019, 31203, 32401, 32508, 32606, 35203, 35311, and 
     35312 of the Senate amendment, and modifications committed to 
     conference:
     John L. Mica,
     Will Hurd,
     Gerald E. Connolly,
     As additional conferees from the Committee on Science, Space, 
     and Technology, for consideration of secs. 3008, 3015, 4003, 
     and title VI of the House amendment and secs. 11001, 12001, 
     12002, 12004, 12102, 21009, 21017, subtitle B of title XXXI, 
     secs. 35105 and 72003 of the Senate amendment, and 
     modifications committed to conference:
     Lamar Smith,
     Barbara Comstock,
     Donna F. Edwards,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of secs. 31101, 31201, and 31203 of the 
     House amendment and secs. 51101, 51201, 51203, 52101, 52103-
     05, 52108, 62001, and 74001 of the Senate amendment, and 
     modifications committed to conference:
     Kevin Brady,
     David G. Reichert,
     Sander Levin,
                                Managers on the Part of the House.

     James M. Inhofe,
     John Thune,
     Orrin G. Hatch,
     Lisa Murkowski,
     Deb Fischer,
     John Barrasso,
     John Cornyn,
     Barbara Boxer,
     Bill Nelson,
     Richard J. Durbin,
                               Managers on the Part of the Senate.


                          ____________________