[House Report 114-318]
[From the U.S. Government Publishing Office]


   114th Congress }                                  { Report
     1st Session  }      HOUSE OF REPRESENTATIVES    { 114-318
                                                      
_______________________________________________________________________

                                     


     SURFACE TRANSPORTATION REAUTHORIZATION AND REFORM ACT OF 2015

                               ----------                              

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                              to accompany

                               H.R. 3763







October 29, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed







   114th Congress }                                  { Report
     1st Session  }      HOUSE OF REPRESENTATIVES    { 114-318
_______________________________________________________________________

                                     


     SURFACE TRANSPORTATION REAUTHORIZATION AND REFORM ACT OF 2015

                               __________

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                              to accompany

                               H.R. 3763
                               





October 29, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
              
                                __________
                                
             
                 U.S. GOVERNMENT PUBLISHING OFFICE
97-358                   WASHINGTON : 2015
              
              


                            C O N T E N T S

                              ----------                              
                                                                   Page
Purpose of Legislation...........................................   153
Background and Need for Legislation..............................   153
Hearings.........................................................   158
Legislative History and Consideration............................   159
Committee Votes..................................................   161
Committee Oversight Findings.....................................   164
New Budget Authority and Tax Expenditures........................   164
Congressional Budget Office Cost Estimate........................   164
Performance Goals and Objectives.................................   164
Advisory of Earmarks.............................................   164
Duplication of Federal Programs..................................   164
Disclosure of Directed Rule Makings..............................   165
Federal Mandate Statement........................................
Preemption Clarification.........................................   165
Advisory Committee Statement.....................................   166
Applicability of Legislative Branch..............................   166
Section-by-Section Analysis of Legislation.......................   166
Additional Matters...............................................
Changes in Existing Law Made by the Bill, as Reported............   199
114th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    114-318

======================================================================



 
     SURFACE TRANSPORTATION REAUTHORIZATION AND REFORM ACT OF 2015

                                _______
                                

October 29, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3763]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3763) to authorize funds for 
Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Surface 
Transportation Reauthorization and Reform Act of 2015''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. National highway performance program.
Sec. 1106. Surface transportation block grant program.
Sec. 1107. Railway-highway grade crossings.
Sec. 1108. Highway safety improvement program.
Sec. 1109. Congestion mitigation and air quality improvement program.
Sec. 1110. National highway freight policy.
Sec. 1111. Nationally significant freight and highway projects.
Sec. 1112. Territorial and Puerto Rico highway program.
Sec. 1113. Federal lands and tribal transportation program.
Sec. 1114. Tribal transportation program.
Sec. 1115. Federal lands transportation program.
Sec. 1116. Tribal transportation self-governance program.
Sec. 1117. Emergency relief.
Sec. 1118. Highway use tax evasion projects.
Sec. 1119. Bundling of bridge projects.
Sec. 1120. Tribal High Priority Projects program.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.

            Subtitle B--Planning and Performance Management

Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.

              Subtitle C--Acceleration of Project Delivery

Sec. 1301. Satisfaction of requirements for certain historic sites.
Sec. 1302. Treatment of improvements to rail and transit under 
preservation requirements.
Sec. 1303. Clarification of transportation environmental authorities.
Sec. 1304. Treatment of certain bridges under preservation 
requirements.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Improving transparency in environmental reviews.
Sec. 1307. Integration of planning and environmental review.
Sec. 1308. Development of programmatic mitigation plans.
Sec. 1309. Delegation of authorities.
Sec. 1310. Categorical exclusion for projects of limited Federal 
assistance.
Sec. 1311. Application of categorical exclusions for multimodal 
projects.
Sec. 1312. Surface transportation project delivery program.
Sec. 1313. Program for eliminating duplication of environmental 
reviews.
Sec. 1314. Assessment of progress on accelerating project delivery.
Sec. 1315. Improving State and Federal agency engagement in 
environmental reviews.
Sec. 1316. Accelerated decisionmaking in environmental reviews.
Sec. 1317. Aligning Federal environmental reviews.

                       Subtitle D--Miscellaneous

Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and 
rehabilitation.
Sec. 1402. Prohibition on the use of funds for automated traffic 
enforcement.
Sec. 1403. Minimum penalties for repeat offenders for driving while 
intoxicated or driving under the influence.
Sec. 1404. Highway Trust Fund transparency and accountability.
Sec. 1405. High priority corridors on National Highway System.
Sec. 1406. Flexibility for projects.
Sec. 1407. Productive and timely expenditure of funds.
Sec. 1408. Consolidation of programs.
Sec. 1409. Federal share payable.
Sec. 1410. Elimination or modification of certain reporting 
requirements.
Sec. 1411. Technical corrections.
Sec. 1412. Safety for users.
Sec. 1413. Design standards.
Sec. 1414. Reserve fund.
Sec. 1415. Adjustments.
Sec. 1416. National electric vehicle charging, hydrogen, and natural 
gas fueling corridors.
Sec. 1417. Ferries.
Sec. 1418. Study on performance of bridges.
Sec. 1419. Relinquishment of park-and-ride lot facilities.
Sec. 1420. Pilot program.
Sec. 1421. Innovative project delivery examples.
Sec. 1422. Administrative provisions to encourage pollinator habitat 
and forage on transportation rights-of-way.
Sec. 1423. Milk products.
Sec. 1424. Interstate weight limits for emergency vehicles.
Sec. 1425. Vehicle weight limitations--Interstate System.
Sec. 1426. New national goal, performance measure, and performance 
target.
Sec. 1427. Service club, charitable association, or religious service 
signs.
Sec. 1428. Work zone and guard rail safety training.
Sec. 1429. Motorcyclist advisory council.
Sec. 1430. Highway work zones.

                  TITLE II--INNOVATIVE PROJECT FINANCE

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
1998 amendments.
Sec. 2002. State infrastructure bank program.
Sec. 2003. Availability payment concession model.

                    TITLE III--PUBLIC TRANSPORTATION

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Metropolitan and statewide transportation planning.
Sec. 3004. Urbanized area formula grants.
Sec. 3005. Fixed guideway capital investment grants.
Sec. 3006. Formula grants for enhanced mobility of seniors and 
individuals with disabilities.
Sec. 3007. Formula grants for rural areas.
Sec. 3008. Public transportation innovation.
Sec. 3009. Technical assistance and workforce development.
Sec. 3010. Bicycle facilities.
Sec. 3011. General provisions.
Sec. 3012. Public transportation safety program.
Sec. 3013. Apportionments.
Sec. 3014. State of good repair grants.
Sec. 3015. Authorizations.
Sec. 3016. Bus and bus facility grants.
Sec. 3017. Obligation ceiling.
Sec. 3018. Innovative procurement.
Sec. 3019. Review of public transportation safety standards.
Sec. 3020. Study on evidentiary protection for public transportation 
safety program information.
Sec. 3021. Mobility of seniors and individuals with disabilities.
Sec. 3022. Improved transit safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.

                        TITLE IV--HIGHWAY SAFETY

Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. National priority safety programs.
Sec. 4006. Prohibition on funds to check helmet usage or create related 
checkpoints for a motorcycle driver or passenger.
Sec. 4007. Marijuana-impaired driving.
Sec. 4008. National priority safety program grant eligibility.
Sec. 4009. Data collection.
Sec. 4010. Technical corrections.

                     TITLE V--MOTOR CARRIER SAFETY

          Subtitle A--Motor Carrier Safety Grant Consolidation

Sec. 5101. Grants to States.
Sec. 5102. Performance and registration information systems management.
Sec. 5103. Authorization of appropriations.
Sec. 5104. Commercial driver's license program implementation.
Sec. 5105. Extension of Federal motor carrier safety programs for 
fiscal year 2016.
Sec. 5106. Motor carrier safety assistance program allocation.
Sec. 5107. Maintenance of effort calculation.

     Subtitle B--Federal Motor Carrier Safety Administration Reform

                       Part I--Regulatory Reform

Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.
Sec. 5204. Petitions.

           Part II--Compliance, Safety, Accountability Reform

Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Interim hiring standard.

              Subtitle C--Commercial Motor Vehicle Safety

Sec. 5301. Implementing safety requirements.
Sec. 5302. Windshield mounted safety technology.
Sec. 5303. Prioritizing statutory rulemakings.
Sec. 5304. Safety reporting system.
Sec. 5305. New entrant safety review program.
Sec. 5306. Ready mixed concrete trucks.

              Subtitle D--Commercial Motor Vehicle Drivers

Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Certified medical examiners.
Sec. 5404. Graduated commercial driver's license pilot program.
Sec. 5405. Veterans expanded trucking opportunities.

                     Subtitle E--General Provisions

Sec. 5501. Minimum financial responsibility.
Sec. 5502. Delays in goods movement.
Sec. 5503. Report on motor carrier financial responsibility.
Sec. 5504. Emergency route working group.
Sec. 5505. Household goods consumer protection working group.
Sec. 5506. Technology improvements.
Sec. 5507. Notification regarding motor carrier registration.
Sec. 5508. Report on commercial driver's license skills test delays.
Sec. 5509. Covered farm vehicles.
Sec. 5510. Operators of hi-rail vehicles.
Sec. 5511. Electronic logging device requirements.
Sec. 5512. Technical corrections.
Sec. 5513. Automobile transporter.
Sec. 5514. Ready mix concrete delivery vehicles.

                          TITLE VI--INNOVATION

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

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Short title.
Sec. 7002. Authorization of appropriations.
Sec. 7003. National emergency and disaster response.
Sec. 7004. Enhanced reporting.
Sec. 7005. Wetlines.
Sec. 7006. Improving publication of special permits and approvals.
Sec. 7007. GAO study on acceptance of classification examinations.
Sec. 7008. Improving the effectiveness of planning and training grants.
Sec. 7009. Motor carrier safety permits.
Sec. 7010. Thermal blankets.
Sec. 7011. Comprehensive oil spill response plans.
Sec. 7012. Information on high-hazard flammable trains.
Sec. 7013. Study and testing of electronically controlled pneumatic 
brakes.
Sec. 7014. Ensuring safe implementation of positive train control 
systems.
Sec. 7015. Phase-out of all tank cars used to transport Class 3 
flammable liquids.

             TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

Sec. 8001. Multimodal freight transportation.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

Sec. 9001. National Surface Transportation and Innovative Finance 
Bureau.
Sec. 9002. Council on Credit and Finance.

    TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.

SEC. 2. DEFINITIONS.

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

SEC. 3. EFFECTIVE DATE.

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

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit Account):
          (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the surface transportation block grant program 
        under section 133 of that title, the highway safety improvement 
        program under section 148 of that title, the congestion 
        mitigation and air quality improvement program under section 
        149 of that title, and to carry out section 134 of that title--
                  (A) $38,419,500,000 for fiscal year 2016;
                  (B) $39,113,500,000 for fiscal year 2017;
                  (C) $39,927,500,000 for fiscal year 2018;
                  (D) $40,764,000,000 for fiscal year 2019;
                  (E) $41,623,000,000 for fiscal year 2020; and
                  (F) $42,483,000,000 for fiscal year 2021.
          (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $200,000,000 for each of 
        fiscal years 2016 through 2021.
          (3) Federal lands and tribal transportation programs.--
                  (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code--
                          (i) $465,000,000 for fiscal year 2016;
                          (ii) $475,000,000 for fiscal year 2017;
                          (iii) $485,000,000 for fiscal year 2018;
                          (iv) $490,000,000 for fiscal year 2019;
                          (v) $495,000,000 for fiscal year 2020; and
                          (vi) $500,000,000 for fiscal year 2021.
                  (B) Federal lands transportation program.--
                          (i) In general.--For the Federal lands 
                        transportation program under section 203 of 
                        title 23, United States Code--
                                  (I) $325,000,000 for fiscal year 
                                2016;
                                  (II) $335,000,000 for fiscal year 
                                2017;
                                  (III) $345,000,000 for fiscal year 
                                2018;
                                  (IV) $350,000,000 for fiscal year 
                                2019;
                                  (V) $375,000,000 for fiscal year 
                                2020; and
                                  (VI) $400,000,000 for fiscal year 
                                2021.
                          (ii) Allocation.--Of the amount made 
                        available for a fiscal year under clause (i)--
                                  (I) the amount for the National Park 
                                Service is--
                                          (aa) $260,000,000 for fiscal 
                                        year 2016;
                                          (bb) $268,000,000 for fiscal 
                                        year 2017;
                                          (cc) $276,000,000 for fiscal 
                                        year 2018;
                                          (dd) $280,000,000 for fiscal 
                                        year 2019;
                                          (ee) $300,000,000 for fiscal 
                                        year 2020; and
                                          (ff) $320,000,000 for fiscal 
                                        year 2021;
                                  (II) the amount for the United States 
                                Fish and Wildlife Service is 
                                $30,000,000 for each of fiscal years 
                                2016 through 2021; and
                                  (III) the amount for the United 
                                States Forest Service is--
                                          (aa) $15,000,000 for fiscal 
                                        year 2016;
                                          (bb) $16,000,000 for fiscal 
                                        year 2017;
                                          (cc) $17,000,000 for fiscal 
                                        year 2018;
                                          (dd) $18,000,000 for fiscal 
                                        year 2019;
                                          (ee) $19,000,000 for fiscal 
                                        year 2020; and
                                          (ff) $20,000,000 for fiscal 
                                        year 2021.
                  (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code--
                          (i) $250,000,000 for fiscal year 2016;
                          (ii) $255,000,000 for fiscal year 2017;
                          (iii) $260,000,000 for fiscal year 2018;
                          (iv) $265,000,000 for fiscal year 2019;
                          (v) $270,000,000 for fiscal year 2020; and
                          (vi) $275,000,000 for fiscal year 2021.
          (4) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code, $200,000,000 for each of 
        fiscal years 2016 through 2021.
          (5) Nationally significant freight and highway projects.--For 
        nationally significant freight and highway projects under 
        section 117 of title 23, United States Code--
                  (A) $725,000,000 for fiscal year 2016;
                  (B) $735,000,000 for fiscal year 2017; and
                  (C) $750,000,000 for each of fiscal years 2018 
                through 2021.
  (b) Disadvantaged Business Enterprises.--
          (1) Findings.--Congress finds that--
                  (A) while significant progress has occurred due to 
                the establishment of the disadvantaged business 
                enterprise program, discrimination and related barriers 
                continue to pose significant obstacles for minority- 
                and women-owned businesses seeking to do business in 
                federally assisted surface transportation markets 
                across the United States;
                  (B) the continuing barriers described in subparagraph 
                (A) merit the continuation of the disadvantaged 
                business enterprise program;
                  (C) Congress has received and reviewed testimony and 
                documentation of race and gender discrimination from 
                numerous sources, including congressional hearings and 
                roundtables, scientific reports, reports issued by 
                public and private agencies, news stories, reports of 
                discrimination by organizations and individuals, and 
                discrimination lawsuits, which show that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                  (D) the testimony and documentation described in 
                subparagraph (C) demonstrate that discrimination across 
                the United States poses a barrier to full and fair 
                participation in surface transportation-related 
                businesses of women business owners and minority 
                business owners and has impacted firm development and 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                  (E) the testimony and documentation described in 
                subparagraph (C) provide a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
          (2) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Small business concern.--
                          (i) In general.--The term ``small business 
                        concern'' means a small business concern (as 
                        the term is used in section 3 of the Small 
                        Business Act (15 U.S.C. 632)).
                          (ii) Exclusions.--The term ``small business 
                        concern'' does not include any concern or group 
                        of concerns controlled by the same socially and 
                        economically disadvantaged individual or 
                        individuals that have average annual gross 
                        receipts during the preceding 3 fiscal years in 
                        excess of $23,980,000, as adjusted annually by 
                        the Secretary for inflation.
                  (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
          (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary determines otherwise, not less than 
        10 percent of the amounts made available for any program under 
        titles I, II, III, and VI of this Act and section 403 of title 
        23, United States Code, shall be expended through small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals.
          (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                  (A) survey and compile a list of the small business 
                concerns referred to in paragraph (3) in the State, 
                including the location of the small business concerns 
                in the State; and
                  (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                          (i) women;
                          (ii) socially and economically disadvantaged 
                        individuals (other than women); and
                          (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
          (5) Uniform certification.--
                  (A) In general.--The Secretary shall establish 
                minimum uniform criteria for use by State governments 
                in certifying whether a concern qualifies as a small 
                business concern for the purpose of this subsection.
                  (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                          (i) on-site visits;
                          (ii) personal interviews with personnel;
                          (iii) issuance or inspection of licenses;
                          (iv) analyses of stock ownership;
                          (v) listings of equipment;
                          (vi) analyses of bonding capacity;
                          (vii) listings of work completed;
                          (viii) examination of the resumes of 
                        principal owners;
                          (ix) analyses of financial capacity; and
                          (x) analyses of the type of work preferred.
          (6) Reporting.--The Secretary shall establish minimum 
        requirements for use by State governments in reporting to the 
        Secretary--
                  (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                  (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
          (7) Compliance with court orders.--Nothing in this subsection 
        limits the eligibility of an individual or entity to receive 
        funds made available under titles I, II, III, and VI of this 
        Act and section 403 of title 23, United States Code, if the 
        entity or person is prevented, in whole or in part, from 
        complying with paragraph (3) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (3) is unconstitutional.

SEC. 1102. OBLIGATION CEILING.

  (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
          (1) $40,867,000,000 for fiscal year 2016;
          (2) $41,599,000,000 for fiscal year 2017;
          (3) $42,453,000,000 for fiscal year 2018;
          (4) $43,307,000,000 for fiscal year 2019;
          (5) $44,201,000,000 for fiscal year 2020; and
          (6) $45,096,000,000 for fiscal year 2021.
  (b) Exceptions.--The limitations under subsection (a) shall not apply 
to obligations under or for--
          (1) section 125 of title 23, United States Code;
          (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
          (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
          (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
          (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
          (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
          (7) section 157 of title 23, United States Code (as in effect 
        on June 8, 1998);
          (8) section 105 of title 23, United States Code (as in effect 
        for fiscal years 1998 through 2004, but only in an amount equal 
        to $639,000,000 for each of those fiscal years);
          (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
          (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
          (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
          (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an 
        amount equal to $639,000,000 for each of those fiscal years); 
        and
          (13) section 119 of title 23, United States Code (but, for 
        fiscal years 2016 through 2021, only in an amount equal to 
        $639,000,000 for each of those fiscal years).
  (c) Distribution of Obligation Authority.--For each of fiscal years 
2016 through 2021, the Secretary--
          (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for--
                  (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                  (B) amounts authorized for the Bureau of 
                Transportation Statistics;
          (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                  (A) made available from the Highway Trust Fund (other 
                than the Mass Transit Account) for Federal-aid highway 
                and highway safety construction programs for previous 
                fiscal years the funds for which are allocated by the 
                Secretary (or apportioned by the Secretary under 
                section 202 or 204 of title 23, United States Code); 
                and
                  (B) for which obligation authority was provided in a 
                previous fiscal year;
          (3) shall determine the proportion that--
                  (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                  (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (12) of subsection 
                (b) and sums authorized to be appropriated for section 
                119 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(13) for the fiscal 
                year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
          (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under sections 202 
        or 204 of that title, by multiplying--
                  (A) the proportion determined under paragraph (3); by
                  (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
          (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the national highway performance program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(13) and the amounts 
        apportioned under sections 202 and 204 of that title) in the 
        proportion that--
                  (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                  (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
  (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2016 through 2021--
          (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
          (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        MAP-21 (Public Law 112-141)) and 104 of title 23, United States 
        Code.
  (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
          (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under--
                  (A) chapter 5 of title 23, United States Code; and
                  (B) title VI of this Act.
          (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                  (A) remain available for a period of 4 fiscal years; 
                and
                  (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
  (f) Redistribution of Certain Authorized Funds.--
          (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2016 through 2021, the Secretary shall 
        distribute to the States any funds (excluding funds authorized 
        for the program under section 202 of title 23, United States 
        Code) that--
                  (A) are authorized to be appropriated for the fiscal 
                year for Federal-aid highway programs; and
                  (B) the Secretary determines will not be allocated to 
                the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
          (2) Ratio.--Funds shall be distributed under paragraph (1) in 
        the same proportion as the distribution of obligation authority 
        under subsection (c)(5).
          (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 1103. DEFINITIONS.

  Section 101(a) of title 23, United States Code, is amended--
          (1) by striking paragraph (29);
          (2) by redesignating paragraphs (15) through (28) as 
        paragraphs (16) through (29), respectively; and
          (3) by inserting after paragraph (14) the following:
          ``(15) National highway freight network.--The term `National 
        Highway Freight Network' means the National Highway Freight 
        Network established under section 167.''.

SEC. 1104. APPORTIONMENT.

  (a) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended to read as follows:
          ``(1) In general.--There is authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) to be made available to the Secretary for 
        administrative expenses of the Federal Highway Administration 
        $440,000,000 for each of fiscal years 2016 through 2021.''.
  (b) Division Among Programs of State's Share of Base Apportionment.--
Section 104(b) of title 23, United States Code, is amended--
          (1) in the subsection heading by striking ``Division of State 
        Apportionments Among Programs'' and inserting ``Division Among 
        Programs of State's Share of Base Apportionment'';
          (2) in the matter preceding paragraph (1)--
                  (A) by inserting ``of the base apportionment'' after 
                ``the amount''; and
                  (B) by striking ``surface transportation program'' 
                and inserting ``surface transportation block grant 
                program'';
          (3) in paragraph (2)--
                  (A) in the paragraph heading by striking ``Surface 
                transportation program'' and inserting ``Surface 
                transportation block grant program''; and
                  (B) by striking ``surface transportation program'' 
                and inserting ``surface transportation block grant 
                program''; and
          (4) in each of paragraphs (4) and (5), in the matter 
        preceding subparagraph (A), by inserting ``of the base 
        apportionment'' after ``the amount''.
  (c) Calculation of State Amounts.--Section 104(c) of title 23, United 
States Code, is amended to read as follows:
  ``(c) Calculation of Amounts.--
          ``(1) State share.--For each of fiscal years 2016 through 
        2021, the amount for each State shall be determined as follows:
                  ``(A) Initial amounts.--The initial amounts for each 
                State shall be determined by multiplying--
                          ``(i) each of--
                                  ``(I) the base apportionment;
                                  ``(II) supplemental funds reserved 
                                under subsection (h)(1) for the 
                                national highway performance program; 
                                and
                                  ``(III) supplemental funds reserved 
                                under subsection (h)(2) for the surface 
                                transportation block grant program; by
                          ``(ii) the share for each State, which shall 
                        be equal to the proportion that--
                                  ``(I) the amount of apportionments 
                                that the State received for fiscal year 
                                2015; bears to
                                  ``(II) the amount of those 
                                apportionments received by all States 
                                for that fiscal year.
                  ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to highway 
                users in the State paid into the Highway Trust Fund 
                (other than the Mass Transit Account) in the most 
                recent fiscal year for which data are available.
          ``(2) State apportionment.--On October 1 of fiscal years 2016 
        through 2021, the Secretary shall apportion the sums authorized 
        to be appropriated for expenditure on the national highway 
        performance program under section 119, the surface 
        transportation block grant program under section 133, the 
        highway safety improvement program under section 148, the 
        congestion mitigation and air quality improvement program under 
        section 149, and to carry out section 134 in accordance with 
        paragraph (1).''.
  (d) Supplemental Funds.--Section 104 of title 23, United States Code, 
is amended by adding at the end the following:
  ``(h) Supplemental Funds.--
          ``(1) Supplemental funds for national highway performance 
        program.--
                  ``(A) Amount.--Before making an apportionment for a 
                fiscal year under subsection (c), the Secretary shall 
                reserve for the national highway performance program 
                under section 119 for that fiscal year an amount equal 
                to--
                          ``(i) $53,596,122 for fiscal year 2019;
                          ``(ii) $66,717,816 for fiscal year 2020; and
                          ``(iii) $79,847,397 for fiscal year 2021.
                  ``(B) Treatment of funds.--Funds reserved under 
                subparagraph (A) and apportioned to a State under 
                subsection (c) shall be treated as if apportioned under 
                subsection (b)(1), and shall be in addition to amounts 
                apportioned under that subsection.
          ``(2) Supplemental funds for surface transportation block 
        grant program.--
                  ``(A) Amount.--Before making an apportionment for a 
                fiscal year under subsection (c), the Secretary shall 
                reserve for the surface transportation block grant 
                program under section 133 for that fiscal year an 
                amount equal to $819,900,000 pursuant to section 
                133(h), plus--
                          ``(i) $70,526,310 for fiscal year 2016;
                          ``(ii) $104,389,904 for fiscal year 2017;
                          ``(iii) $148,113,536 for fiscal year 2018;
                          ``(iv) $160,788,367 for fiscal year 2019;
                          ``(v) $200,153,448 for fiscal year 2020; and
                          ``(vi) $239,542,191 for fiscal year 2021.
                  ``(B) Treatment of funds.--Funds reserved under 
                subparagraph (A) and apportioned to a State under 
                subsection (c) shall be treated as if apportioned under 
                subsection (b)(2), and shall be in addition to amounts 
                apportioned under that subsection.
  ``(i) Base Apportionment Defined.--In this section, the term `base 
apportionment' means--
          ``(1) the combined amount authorized for appropriation for 
        the national highway performance program under section 119, the 
        surface transportation block grant program under section 133, 
        the highway safety improvement program under section 148, the 
        congestion mitigation and air quality improvement program under 
        section 149, and to carry out section 134; minus
          ``(2) supplemental funds reserved under subsection (h) for 
        the national highway performance program and the surface 
        transportation block grant program.''.

SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

  Section 119 of title 23, United States Code, is amended--
          (1) in subsection (e)(7)--
                  (A) by striking ``this paragraph'' and inserting 
                ``section 150(e)''; and
                  (B) by inserting ``under section 150(e)'' after ``the 
                next report submitted''; and
          (2) by adding at the end the following:
  ``(h) TIFIA Program.--Upon Secretarial approval of credit assistance 
under chapter 6, the Secretary, at the request of a State, may allow 
the State to use funds apportioned under section 104(b)(1) to pay 
subsidy and administrative costs necessary to provide an eligible 
entity Federal credit assistance under chapter 6 with respect to a 
project eligible for assistance under this section.
  ``(i) Additional Funding Eligibility for Certain Bridges.--
          ``(1) In general.--Funds apportioned to a State to carry out 
        the national highway performance program may be obligated for a 
        project for the reconstruction, resurfacing, restoration, 
        rehabilitation, or preservation of a bridge not on the National 
        Highway System, if the bridge is on a Federal-aid highway.
          ``(2) Limitation.--A State required to make obligations under 
        subsection (f) shall ensure such requirements are satisfied in 
        order to use the flexibility under paragraph (1).''.

SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

  (a) Findings.--Congress finds that--
          (1) the benefits of the surface transportation block grant 
        program accrue principally to the residents of each State and 
        municipality where the funds are obligated;
          (2) decisions about how funds should be obligated are best 
        determined by the States and municipalities to respond to 
        unique local circumstances and implement the most efficient 
        solutions; and
          (3) reforms of the program to promote flexibility will 
        enhance State and local control over transportation decisions.
  (b) Surface Transportation Block Grant Program.--Section 133 of title 
23, United States Code, is amended--
          (1) by striking subsections (a), (b), (c), and (d) and 
        inserting the following:
  ``(a) Establishment.--The Secretary shall establish a surface 
transportation block grant program in accordance with this section to 
provide flexible funding to address State and local transportation 
needs.
  ``(b) Eligible Projects.--Funds apportioned to a State under section 
104(b)(2) for the surface transportation block grant program may be 
obligated for the following:
          ``(1) Construction of--
                  ``(A) highways, bridges, tunnels, including 
                designated routes of the Appalachian development 
                highway system and local access roads under section 
                14501 of title 40;
                  ``(B) ferry boats and terminal facilities eligible 
                for funding under section 129(c);
                  ``(C) transit capital projects eligible for 
                assistance under chapter 53 of title 49;
                  ``(D) infrastructure-based intelligent transportation 
                systems capital improvements;
                  ``(E) truck parking facilities eligible for funding 
                under section 1401 of MAP-21 (23 U.S.C. 137 note); and
                  ``(F) border infrastructure projects eligible for 
                funding under section 1303 of SAFETEA-LU (23 U.S.C. 101 
                note).
          ``(2) Operational improvements and capital and operating 
        costs for traffic monitoring, management, and control 
        facilities and programs.
          ``(3) Environmental measures eligible under sections 119(g), 
        328, and 329 and transportation control measures listed in 
        section 108(f)(1)(A) (other than clause (xvi) of that section) 
        of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
          ``(4) Highway and transit safety infrastructure improvements 
        and programs, including railway-highway grade crossings.
          ``(5) Fringe and corridor parking facilities and programs in 
        accordance with section 137 and carpool projects in accordance 
        with section 146.
          ``(6) Recreational trails projects eligible for funding under 
        section 206, pedestrian and bicycle projects in accordance with 
        section 217 (including modifications to comply with 
        accessibility requirements under the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the 
        safe routes to school program under section 1404 of SAFETEA-LU 
        (23 U.S.C. 402 note).
          ``(7) Planning, design, or construction of boulevards and 
        other roadways largely in the right-of-way of former Interstate 
        System routes or other divided highways.
          ``(8) Development and implementation of a State asset 
        management plan for the National Highway System and a 
        performance-based management program for other public roads.
          ``(9) Protection (including painting, scour countermeasures, 
        seismic retrofits, impact protection measures, security 
        countermeasures, and protection against extreme events) for 
        bridges (including approaches to bridges and other elevated 
        structures) and tunnels on public roads, and inspection and 
        evaluation of bridges and tunnels and other highway assets.
          ``(10) Surface transportation planning programs, highway and 
        transit research and development and technology transfer 
        programs, and workforce development, training, and education 
        under chapter 5 of this title.
          ``(11) Surface transportation infrastructure modifications to 
        facilitate direct intermodal interchange, transfer, and access 
        into and out of a port terminal.
          ``(12) Projects and strategies designed to support congestion 
        pricing, including electronic toll collection and travel demand 
        management strategies and programs.
          ``(13) At the request of a State, and upon Secretarial 
        approval of credit assistance under chapter 6, subsidy and 
        administrative costs necessary to provide an eligible entity 
        Federal credit assistance under chapter 6 with respect to a 
        project eligible for assistance under this section.
          ``(14) The creation and operation by a State of an office to 
        assist in the design, implementation, and oversight of public-
        private partnerships eligible to receive funding under this 
        title and chapter 53 of title 49, and the payment of a stipend 
        to unsuccessful private bidders to offset their proposal 
        development costs, if necessary to encourage robust competition 
        in public-private partnership procurements.
          ``(15) Any type of project eligible under this section as in 
        effect on the day before the date of enactment of the Surface 
        Transportation Reauthorization and Reform Act of 2015, 
        including projects described under section 101(a)(29) as in 
        effect on such day.
  ``(c) Location of Projects.--A surface transportation block grant 
project may not be undertaken on a road functionally classified as a 
local road or a rural minor collector unless the road was on a Federal-
aid highway system on January 1, 1991, except--
          ``(1) for a bridge or tunnel project (other than the 
        construction of a new bridge or tunnel at a new location);
          ``(2) for a project described in paragraphs (4) through (11) 
        of subsection (b);
          ``(3) for a project described in section 101(a)(29), as in 
        effect on the day before the date of enactment of the Surface 
        Transportation Reauthorization and Reform Act of 2015; and
          ``(4) as approved by the Secretary.
  ``(d) Allocations of Apportioned Funds to Areas Based on 
Population.--
          ``(1) Calculation.--Of the funds apportioned to a State under 
        section 104(b)(2) (after the reservation of funds under 
        subsection (h))--
                  ``(A) the percentage specified in paragraph (6) for a 
                fiscal year shall be obligated under this section, in 
                proportion to their relative shares of the population 
                of the State--
                          ``(i) in urbanized areas of the State with an 
                        urbanized area population of over 200,000;
                          ``(ii) in areas of the State other than urban 
                        areas with a population greater than 5,000; and
                          ``(iii) in other areas of the State; and
                  ``(B) the remainder may be obligated in any area of 
                the State.
          ``(2) Metropolitan areas.--Funds attributed to an urbanized 
        area under paragraph (1)(A)(i) may be obligated in the 
        metropolitan area established under section 134 that 
        encompasses the urbanized area.
          ``(3) Consultation with regional transportation planning 
        organizations.--For purposes of paragraph (1)(A)(iii), before 
        obligating funding attributed to an area with a population 
        greater than 5,000 and less than 200,000, a State shall consult 
        with the regional transportation planning organizations that 
        represent the area, if any.
          ``(4) Distribution among urbanized areas of over 200,000 
        population.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the amount of funds that a State is required to 
                obligate under paragraph (1)(A)(i) shall be obligated 
                in urbanized areas described in paragraph (1)(A)(i) 
                based on the relative population of the areas.
                  ``(B) Other factors.--The State may obligate the 
                funds described in subparagraph (A) based on other 
                factors if the State and the relevant metropolitan 
                planning organizations jointly apply to the Secretary 
                for the permission to base the obligation on other 
                factors and the Secretary grants the request.
          ``(5) Applicability of planning requirements.--Programming 
        and expenditure of funds for projects under this section shall 
        be consistent with sections 134 and 135.
          ``(6) Percentage.--The percentage referred to in paragraph 
        (1)(A) is--
                  ``(A) for fiscal year 2016, 51 percent;
                  ``(B) for fiscal year 2017, 52 percent;
                  ``(C) for fiscal year 2018, 53 percent;
                  ``(D) for fiscal year 2019, 54 percent;
                  ``(E) for fiscal year 2020, 55 percent; and
                  ``(F) for fiscal year 2021, 55 percent.'';
          (2) by striking the section heading and inserting ``Surface 
        transportation block grant program'';
          (3) by striking subsection (e);
          (4) by redesignating subsections (f) through (h) as 
        subsections (e) through (g), respectively;
          (5) in subsection (e)(1), as redesignated by this 
        subsection--
                  (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(2)''; and
                  (B) by striking ``fiscal years 2011 through 2014'' 
                and inserting ``fiscal years 2016 through 2021'';
          (6) in subsection (g)(1), as redesignated by this subsection, 
        by striking ``under subsection (d)(1)(A)(iii) for each of 
        fiscal years 2013 through 2014'' and inserting ``under 
        subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 
        2021''; and
          (7) by adding at the end the following:
  ``(h) STP Set-Aside.--
          ``(1) Reservation of funds.--Of the funds apportioned to a 
        State under section 104(b)(2) for each fiscal year, the 
        Secretary shall reserve an amount such that--
                  ``(A) the Secretary reserves a total of $819,900,000 
                under this subsection; and
                  ``(B) the State's share of that total is determined 
                by multiplying the amount under subparagraph (A) by the 
                ratio that--
                          ``(i) the amount apportioned to the State for 
                        the transportation enhancements program for 
                        fiscal year 2009 under section 133(d)(2), as in 
                        effect on the day before the date of enactment 
                        of MAP-21; bears to
                          ``(ii) the total amount of funds apportioned 
                        to all States for the transportation 
                        enhancements program for fiscal year 2009.
          ``(2) Allocation within a state.--Funds reserved for a State 
        under paragraph (1) shall be obligated within that State in the 
        manner described in subsection (d), except that, for purposes 
        of this paragraph (after funds are made available under 
        paragraph (5))--
                  ``(A) for each fiscal year, the percentage referred 
                to in paragraph (1)(A) of that subsection shall be 
                deemed to be 50 percent; and
                  ``(B) the following provisions shall not apply:
                          ``(i) Paragraph (3) of subsection (d).
                          ``(ii) Subsection (e).
          ``(3) Eligible projects.--Funds reserved under this 
        subsection may be obligated for projects or activities 
        described in section 101(a)(29) or 213, as such provisions were 
        in effect on the day before the date of enactment of the 
        Surface Transportation Reauthorization and Reform Act of 2015.
          ``(4) Access to funds.--
                  ``(A) In general.--A State or metropolitan planning 
                organization required to obligate funds in accordance 
                with paragraph (2) shall develop a competitive process 
                to allow eligible entities to submit projects for 
                funding that achieve the objectives of this subsection. 
                A metropolitan planning organization for an area 
                described in subsection (d)(1)(A)(i) shall select 
                projects under such process in consultation with the 
                relevant State.
                  ``(B) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means--
                          ``(i) a local government;
                          ``(ii) a regional transportation authority;
                          ``(iii) a transit agency;
                          ``(iv) a natural resource or public land 
                        agency;
                          ``(v) a school district, local education 
                        agency, or school;
                          ``(vi) a tribal government; and
                          ``(vii) any other local or regional 
                        governmental entity with responsibility for or 
                        oversight of transportation or recreational 
                        trails (other than a metropolitan planning 
                        organization or a State agency) that the State 
                        determines to be eligible, consistent with the 
                        goals of this subsection.
          ``(5) Continuation of certain recreational trails projects.--
        For each fiscal year, a State shall--
                  ``(A) obligate an amount of funds reserved under this 
                section equal to the amount of the funds apportioned to 
                the State for fiscal year 2009 under section 104(h)(2), 
                as in effect on the day before the date of enactment of 
                MAP-21, for projects relating to recreational trails 
                under section 206;
                  ``(B) return 1 percent of those funds to the 
                Secretary for the administration of that program; and
                  ``(C) comply with the provisions of the 
                administration of the recreational trails program under 
                section 206, including the use of apportioned funds 
                described in subsection (d)(3)(A) of that section.
          ``(6) State flexibility.--
                  ``(A) Recreational trails.--A State may opt out of 
                the recreational trails program under paragraph (5) if 
                the Governor of the State notifies the Secretary not 
                later than 30 days prior to apportionments being made 
                for any fiscal year.
                  ``(B) Large urbanized areas.--A metropolitan planning 
                area may use not to exceed 50 percent of the funds 
                reserved under this subsection for an urbanized area 
                described in subsection (d)(1)(A)(i) for any purpose 
                eligible under subsection (b).
  ``(i) Treatment of Projects.--Notwithstanding any other provision of 
law, projects funded under this section (excluding those carried out 
under subsection (h)(5)) shall be treated as projects on a Federal-aid 
highway under this chapter.''.
  (c) Technical and Conforming Amendments.--
          (1) Section 126.--Section 126(b)(2) of title 23, United 
        States Code, is amended--
                  (A) by striking ``section 213'' and inserting 
                ``section 133(h)''; and
                  (B) by striking ``section 213(c)(1)(B)'' and 
                inserting ``section 133(h)''.
          (2) Section 213.--Section 213 of title 23, United States 
        Code, is repealed.
          (3) Section 322.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``surface transportation 
        program'' and inserting ``surface transportation block grant 
        program''.
          (4) Section 504.--Section 504(a)(4) of title 23, United 
        States Code, is amended--
                  (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(2)''; and
                  (B) by striking ``surface transportation program'' 
                and inserting ``surface transportation block grant 
                program''.
          (5) Chapter 1.--Chapter 1 of title 23, United States Code, is 
        amended by striking ``surface transportation program'' each 
        place it appears and inserting ``surface transportation block 
        grant program''.
          (6) Chapter analyses.--
                  (A) Chapter 1.--The analysis for chapter 1 of title 
                23, United States Code, is amended by striking the item 
                relating to section 133 and inserting the following:

``133. Surface transportation block grant program.''.

                  (B) Chapter 2.--The item relating to section 213 in 
                the analysis for chapter 2 of title 23, United States 
                Code, is repealed.
          (7) Other references.--Any reference in any other law, 
        regulation, document, paper, or other record of the United 
        States to the surface transportation program under section 133 
        of title 23, United States Code, shall be deemed to be a 
        reference to the surface transportation block grant program 
        under such section.

SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS.

  Section 130(e)(1) of title 23, United States Code, is amended to read 
as follows:
          ``(1) In general.--
                  ``(A) Set aside.--Before making an apportionment 
                under section 104(b)(3) for a fiscal year, the 
                Secretary shall set aside, from amounts made available 
                to carry out the highway safety improvement program 
                under section 148 for such fiscal year, for the 
                elimination of hazards and the installation of 
                protective devices at railway-highway crossings at 
                least--
                          ``(i) $225,000,000 for fiscal year 2016;
                          ``(ii) $230,000,000 for fiscal year 2017;
                          ``(iii) $235,000,000 for fiscal year 2018;
                          ``(iv) $240,000,000 for fiscal year 2019;
                          ``(v) $245,000,000 for fiscal year 2020; and
                          ``(vi) $250,000,000 for fiscal year 2021.
                  ``(B) Installation of protective devices.--At least 
                \1/2\ of the funds set aside each fiscal year under 
                subparagraph (A) shall be available for the 
                installation of protective devices at railway-highway 
                crossings.
                  ``(C) Obligation availability.--Sums set aside each 
                fiscal year under subparagraph (A) shall be available 
                for obligation in the same manner as funds apportioned 
                under section 104(b)(1) of this title.''.

SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

  (a) Definitions.--
          (1) In general.--Section 148(a) of title 23, United States 
        Code, is amended--
                  (A) in paragraph (4)(B)--
                          (i) in the matter preceding clause (i), by 
                        striking ``includes, but is not limited to,'' 
                        and inserting ``only includes''; and
                          (ii) by adding at the end the following:
                          ``(xxv) Installation of vehicle-to-
                        infrastructure communication equipment.
                          ``(xxvi) Pedestrian hybrid beacons.
                          ``(xxvii) Roadway improvements that provide 
                        separation between pedestrians and motor 
                        vehicles, including medians and pedestrian 
                        crossing islands.
                          ``(xxviii) A physical infrastructure safety 
                        project not described in clauses (i) through 
                        (xxvii).'';
                  (B) by striking paragraph (10); and
                  (C) by redesignating paragraphs (11) through (13) as 
                paragraphs (10) through (12), respectively.
          (2) Conforming amendments.--Section 148 of title 23, United 
        States Code, is amended--
                  (A) in subsection (c)(1)(A) by striking ``subsections 
                (a)(12)'' and inserting ``subsections (a)(11)''; and
                  (B) in subsection (d)(2)(B)(i) by striking 
                ``subsection (a)(12)'' and inserting ``subsection 
                (a)(11)''.
  (b) Data Collection.--Section 148(f) of title 23, United States Code, 
is amended by adding at the end the following:
          ``(3) Process.--The Secretary shall establish a process to 
        allow a State to cease to collect the subset referred to in 
        paragraph (2)(A) for public roads that are gravel roads or 
        otherwise unpaved if--
                  ``(A) the State does not use funds provided to carry 
                out this section for a project on such roads until the 
                State completes a collection of the required model 
                inventory of roadway elements for the roads; and
                  ``(B) the State demonstrates that the State consulted 
                with affected Indian tribes before ceasing to collect 
                data with respect to such roads that are included in 
                the National Tribal Transportation Facility Inventory.
          ``(4) Rule of construction.--Nothing in paragraph (3) may be 
        construed to allow a State to cease data collection related to 
        serious injuries or fatalities.''.
  (c) Rural Road Safety.--Section 148(g)(1) of title 23, United States 
Code, is amended--
          (1) by striking ``If the fatality rate'' and inserting the 
        following:
                  ``(A) In general.--If the fatality rate''; and
          (2) by adding at the end the following:
                  ``(B) Fatalities exceeding the median rate.--If the 
                fatality rate on rural roads in a State, for the most 
                recent 2-year period for which data is available, is 
                more than the median fatality rate for rural roads 
                among all States for such 2-year period, the State 
                shall be required to demonstrate, in the subsequent 
                State strategic highway safety plan of the State, 
                strategies to address fatalities and achieve safety 
                improvements on high risk rural roads.''.
  (d) Commercial Motor Vehicle Safety Best Practices.--
          (1) Review.--The Secretary shall conduct a review of best 
        practices with respect to the implementation of roadway safety 
        infrastructure improvements that--
                  (A) are cost effective; and
                  (B) reduce the number or severity of accidents 
                involving commercial motor vehicles.
          (2) Consultation.--In conducting the review under paragraph 
        (1), the Secretary shall consult with State transportation 
        departments and units of local government.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate, and make available on the public Internet 
        Web site of the Department, a report describing the results of 
        the review conducted under paragraph (1).

SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

  (a) Eligible Projects.--Section 149(b) of title 23, United States 
Code, is amended--
          (1) in paragraph (7) by striking ``or'' at the end;
          (2) in paragraph (8) by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(9) if the project or program is for the installation of 
        vehicle-to-infrastructure communication equipment.''.
  (b) States Flexibility.--Section 149(d) of title 23, United States 
Code, is amended to read as follows:
  ``(d) States Flexibility.--
          ``(1) States without a nonattainment area.--If a State does 
        not have, and never has had, a nonattainment area designated 
        under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may 
        use funds apportioned to the State under section 104(b)(4) for 
        any project in the State that--
                  ``(A) would otherwise be eligible under subsection 
                (b) if the project were carried out in a nonattainment 
                or maintenance area; or
                  ``(B) is eligible under the surface transportation 
                block grant program under section 133.
          ``(2) States with a nonattainment area.--
                  ``(A) In general.--If a State has a nonattainment 
                area or maintenance area and received funds in fiscal 
                year 2009 under section 104(b)(2)(D), as in effect on 
                the day before the date of enactment of the MAP-21, 
                above the amount of funds that the State would have 
                received based on the nonattainment and maintenance 
                area population of the State under subparagraphs (B) 
                and (C) of section 104(b)(2), as in effect on the day 
                before the date of enactment of the MAP-21, the State 
                may use, for any project that would otherwise be 
                eligible under subsection (b) if the project were 
                carried out in a nonattainment or maintenance area or 
                is eligible under the surface transportation block 
                grant program under section 133, an amount of funds 
                apportioned to such State under section 104(b)(4) that 
                is equal to the product obtained by multiplying--
                          ``(i) the amount apportioned to such State 
                        under section 104(b)(4) (excluding the amounts 
                        reserved for obligation under subsection 
                        (k)(1)); by
                          ``(ii) the ratio calculated under 
                        subparagraph (B).
                  ``(B) Ratio.--For purposes of this paragraph, the 
                ratio shall be calculated as the proportion that--
                          ``(i) the amount for fiscal year 2009 such 
                        State was permitted by section 149(c)(2), as in 
                        effect on the day before the date of enactment 
                        of the MAP-21, to obligate in any area of the 
                        State for projects eligible under section 133, 
                        as in effect on the day before the date of 
                        enactment of the MAP-21; bears to
                          ``(ii) the total apportionment to such State 
                        for fiscal year 2009 under section 104(b)(2), 
                        as in effect on the day before the date of 
                        enactment of the MAP-21.
          ``(3) Changes in designation.--If a new nonattainment area is 
        designated or a previously designated nonattainment area is 
        redesignated as an attainment area in a State under the Clean 
        Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify, 
        in a manner consistent with the approach that was in effect on 
        the day before the date of enactment of MAP-21, the amount such 
        State is permitted to obligate in any area of the State for 
        projects eligible under section 133.''.
  (c) Priority Consideration.--Section 149(g)(3) of title 23, United 
States Code, is amended to read as follows:
          ``(3) Priority consideration.--
                  ``(A) In general.--In distributing funds received for 
                congestion mitigation and air quality projects and 
                programs from apportionments under section 104(b)(4) in 
                areas designated as nonattainment or maintenance for 
                PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) 
                and where regional motor vehicle emissions are not an 
                insignificant contributor to the air quality problem 
                for PM2.5, States and metropolitan planning 
                organizations shall give priority to projects, 
                including diesel retrofits, that are proven to reduce 
                direct emissions of PM2.5.
                  ``(B) Use of funding.--To the maximum extent 
                practicable, funding used in an area described in 
                subparagraph (A) shall be used on the most cost-
                effective projects and programs that are proven to 
                reduce directly emitted fine particulate matter.''.
  (d) Priority for Use of Funds in PM2.5 Areas.--Section 149(k) of 
title 23, United States Code, is amended--
          (1) in paragraph (1) by striking ``such fine particulate'' 
        and inserting ``directly emitted fine particulate''; and
          (2) by adding at the end the following:
          ``(3) PM2.5 nonattainment and maintenance in low population 
        density states.--
                  ``(A) Exception.--For any State with a population 
                density of 80 or fewer persons per square mile of land 
                area, based on the most recent decennial census, 
                subsection (g)(3) and paragraphs (1) and (2) of this 
                subsection do not apply to a nonattainment or 
                maintenance area in the State if--
                          ``(i) the nonattainment or maintenance area 
                        does not have projects that are part of the 
                        emissions analysis of a metropolitan 
                        transportation plan or transportation 
                        improvement program; and
                          ``(ii) regional motor vehicle emissions are 
                        an insignificant contributor to the air quality 
                        problem for PM2.5 in the nonattainment or 
                        maintenance area.
                  ``(B) Calculation.--If subparagraph (A) applies to a 
                nonattainment or maintenance area in a State, the 
                percentage of the PM2.5 set aside under paragraph (1) 
                shall be reduced for that State proportionately based 
                on the weighted population of the area in fine 
                particulate matter nonattainment.''.
  (e) Performance Plan.--Section 149(l)(1)(B) of title 23, United 
States Code, is amended by inserting ``emission and congestion 
reduction'' after ``achieving the''.

SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY.

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

``Sec. 167. National highway freight policy

  ``(a) In General.--It is the policy of the United States to improve 
the condition and performance of the National Highway Freight Network 
established under this section to ensure that the Network provides a 
foundation for the United States to compete in the global economy and 
achieve the goals described in subsection (b).
  ``(b) Goals.--The goals of the national highway freight policy are--
          ``(1) to invest in infrastructure improvements and to 
        implement operational improvements that--
                  ``(A) strengthen the contribution of the National 
                Highway Freight Network to the economic competitiveness 
                of the United States;
                  ``(B) reduce congestion and bottlenecks on the 
                National Highway Freight Network; and
                  ``(C) increase productivity, particularly for 
                domestic industries and businesses that create high-
                value jobs;
          ``(2) to improve the safety, security, and resilience of 
        highway freight transportation;
          ``(3) to improve the state of good repair of the National 
        Highway Freight Network;
          ``(4) to use innovation and advanced technology to improve 
        the safety, efficiency, and reliability of the National Highway 
        Freight Network;
          ``(5) to improve the economic efficiency of the National 
        Highway Freight Network;
          ``(6) to improve the short and long distance movement of 
        goods that--
                  ``(A) travel across rural areas between population 
                centers; and
                  ``(B) travel between rural areas and population 
                centers;
          ``(7) to improve the flexibility of States to support multi-
        State corridor planning and the creation of multi-State 
        organizations to increase the ability of States to address 
        highway freight connectivity; and
          ``(8) to reduce the environmental impacts of freight movement 
        on the National Highway Freight Network.
  ``(c) Establishment of National Highway Freight Network.--
          ``(1) In general.--The Secretary shall establish a National 
        Highway Freight Network in accordance with this section to 
        strategically direct Federal resources and policies toward 
        improved performance of the Network.
          ``(2) Network components.--The National Highway Freight 
        Network shall consist of--
                  ``(A) the Interstate System;
                  ``(B) non-Interstate highway segments on the 41,000-
                mile comprehensive primary freight network developed by 
                the Secretary under section 167(d) as in effect on the 
                day before the date of enactment of the Surface 
                Transportation Reauthorization and Reform Act of 2015; 
                and
                  ``(C) additional non-Interstate highway segments 
                designated by the States under subsection (d).
  ``(d) State Additions to Network.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Surface Transportation Reauthorization and 
        Reform Act of 2015, each State, in consultation with the State 
        freight advisory committee, may increase the number of miles 
        designated as part of the National Highway Freight Network by 
        not more than 10 percent of the miles designated in that State 
        under subparagraphs (A) and (B) of subsection (c)(2) if the 
        additional miles--
                  ``(A) close gaps between segments of the National 
                Highway Freight Network;
                  ``(B) establish connections from the National Highway 
                Freight Network to critical facilities for the 
                efficient movement of freight, including ports, freight 
                railroads, international border crossings, airports, 
                intermodal facilities, warehouse and logistics centers, 
                and agricultural facilities; or
                  ``(C) are part of critical emerging freight corridors 
                or critical commerce corridors.
          ``(2) Submission.--Each State shall--
                  ``(A) submit to the Secretary a list of the 
                additional miles added under this subsection; and
                  ``(B) certify that the additional miles meet the 
                requirements of paragraph (1).
  ``(e) Redesignation.--
          ``(1) Redesignation by secretary.--
                  ``(A) In general.--Effective beginning 5 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization and Reform Act of 2015, and every 5 
                years thereafter, the Secretary shall redesignate the 
                highway segments designated by the Secretary under 
                subsection (c)(2)(B) that are on the National Highway 
                Freight Network.
                  ``(B) Considerations.--In redesignating highway 
                segments under subparagraph (A), the Secretary shall 
                consider--
                          ``(i) changes in the origins and destinations 
                        of freight movements in the United States;
                          ``(ii) changes in the percentage of annual 
                        average daily truck traffic in the annual 
                        average daily traffic on principal arterials;
                          ``(iii) changes in the location of key 
                        facilities;
                          ``(iv) critical emerging freight corridors; 
                        and
                          ``(v) network connectivity.
                  ``(C) Limitation.--Each redesignation under 
                subparagraph (A) may increase the mileage on the 
                National Highway Freight Network designated by the 
                Secretary by not more than 3 percent.
          ``(2) Redesignation by states.--
                  ``(A) In general.--Effective beginning 5 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization and Reform Act of 2015, and every 5 
                years thereafter, each State may, in consultation with 
                the State freight advisory committee, redesignate the 
                highway segments designated by the State under 
                subsection (c)(2)(C) that are on the National Highway 
                Freight Network.
                  ``(B) Considerations.--In redesignating highway 
                segments under subparagraph (A), the State shall 
                consider--
                          ``(i) gaps between segments of the National 
                        Highway Freight Network;
                          ``(ii) needed connections from the National 
                        Highway Freight Network to critical facilities 
                        for the efficient movement of freight, 
                        including ports, freight railroads, 
                        international border crossings, airports, 
                        intermodal facilities, warehouse and logistics 
                        centers, and agricultural facilities; and
                          ``(iii) critical emerging freight corridors 
                        or critical commerce corridors.
                  ``(C) Limitation.--Each redesignation under 
                subparagraph (A) may increase the mileage on the 
                National Highway Freight Network designated by the 
                State by not more than 3 percent.
                  ``(D) Resubmission.--Each State, under the advisement 
                of the State freight advisory committee, shall--
                          ``(i) submit to the Secretary a list of the 
                        miles redesignated under this paragraph; and
                          ``(ii) certify that the redesignated miles 
                        meet the requirements of subsection (d)(1).''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
167 and inserting the following:

``167. National highway freight policy.''.

SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

  (a) In General.--Title 23, United States Code, is amended by 
inserting after section 116 the following:

``Sec. 117. Nationally significant freight and highway projects

  ``(a) Establishment.--There is established a nationally significant 
freight and highway projects program to provide financial assistance 
for projects of national or regional significance that will--
          ``(1) improve the safety, efficiency, and reliability of the 
        movement of freight and people;
          ``(2) generate national or regional economic benefits and an 
        increase in the global economic competitiveness of the United 
        States;
          ``(3) reduce highway congestion and bottlenecks;
          ``(4) improve connectivity between modes of freight 
        transportation; or
          ``(5) enhance the strength, durability, and serviceability of 
        critical highway infrastructure.
  ``(b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary may make grants, on a competitive basis, 
in accordance with this section.
  ``(c) Eligible Applicants.--
          ``(1) In general.--The Secretary may make a grant under this 
        section to the following:
                  ``(A) A State or group of States.
                  ``(B) A metropolitan planning organization that 
                serves an urbanized area (as defined by the Bureau of 
                the Census) with a population of more than 200,000 
                individuals.
                  ``(C) A unit of local government.
                  ``(D) A special purpose district or public authority 
                with a transportation function, including a port 
                authority.
                  ``(E) A Federal land management agency that applies 
                jointly with a State or group of States.
          ``(2) Applications.--To be eligible for a grant under this 
        section, an entity specified in paragraph (1) shall submit to 
        the Secretary an application in such form, at such time, and 
        containing such information as the Secretary determines is 
        appropriate.
  ``(d) Eligible Projects.--
          ``(1) In general.--Except as provided in subsection (h), the 
        Secretary may make a grant under this section only for a 
        project that--
                  ``(A) is--
                          ``(i) a freight project carried out on the 
                        National Highway Freight Network established 
                        under section 167 of this title;
                          ``(ii) a highway or bridge project carried 
                        out on the National Highway System;
                          ``(iii) an intermodal or rail freight project 
                        carried out on the National Multimodal Freight 
                        Network established under section 70103 of 
                        title 49; or
                          ``(iv) a railway-highway grade crossing or 
                        grade separation project; and
                  ``(B) has eligible project costs that are reasonably 
                anticipated to equal or exceed the lesser of--
                          ``(i) $100,000,000; or
                          ``(ii) in the case of a project--
                                  ``(I) located in 1 State, 30 percent 
                                of the amount apportioned under this 
                                chapter to the State in the most 
                                recently completed fiscal year; or
                                  ``(II) located in more than 1 State, 
                                50 percent of the amount apportioned 
                                under this chapter to the participating 
                                State with the largest apportionment 
                                under this chapter in the most recently 
                                completed fiscal year.
          ``(2) Limitation.--
                  ``(A) In general.--Not more than $500,000,000 of the 
                amounts made available for grants under this section 
                for fiscal years 2016 through 2021, in the aggregate, 
                may be used to make grants for projects described in 
                paragraph (1)(A)(iii) and such a project may only 
                receive a grant under this section if--
                          ``(i) the project will make a significant 
                        improvement to freight movements on the 
                        National Highway Freight Network; and
                          ``(ii) the Federal share of the project funds 
                        only elements of the project that provide 
                        public benefits.
                  ``(B) Exclusions.--The limitation under subparagraph 
                (A) shall--
                          ``(i) not apply to a railway-highway grade 
                        crossing or grade separation project; and
                          ``(ii) with respect to a multimodal project, 
                        shall apply only to the non-highway portion or 
                        portions of the project.
  ``(e) Eligible Project Costs.--Grant amounts received for a project 
under this section may be used for--
          ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
  ``(f) Project Requirements.--The Secretary may make a grant for a 
project described under subsection (d) only if the relevant applicant 
demonstrates that--
          ``(1) the project will generate national or regional 
        economic, mobility, or safety benefits;
          ``(2) the project will be cost effective;
          ``(3) the project will contribute to the accomplishment of 1 
        or more of the national goals described under section 150 of 
        this title;
          ``(4) the project is based on the results of preliminary 
        engineering;
          ``(5) with respect to related non-Federal financial 
        commitments--
                  ``(A) 1 or more stable and dependable sources of 
                funding and financing are available to construct, 
                maintain, and operate the project; and
                  ``(B) contingency amounts are available to cover 
                unanticipated cost increases;
          ``(6) the project cannot be easily addressed using other 
        funding available to the project sponsor under this chapter; 
        and
          ``(7) the project is reasonably expected to begin 
        construction not later than 18 months after the date of 
        obligation of funds for the project.
  ``(g) Additional Considerations.--In making a grant under this 
section, the Secretary shall consider--
          ``(1) the extent to which a project utilizes nontraditional 
        financing, innovative design and construction techniques, or 
        innovative technologies;
          ``(2) the amount and source of non-Federal contributions with 
        respect to the proposed project; and
          ``(3) the need for geographic diversity among grant 
        recipients, including the need for a balance between the needs 
        of rural and urban communities.
  ``(h) Reserved Amounts.--
          ``(1) In general.--The Secretary shall reserve not less than 
        10 percent of the amounts made available for grants under this 
        section each fiscal year to make grants for projects described 
        in subsection (d)(1)(A)(i) that do not satisfy the minimum 
        threshold under subsection (d)(1)(B).
          ``(2) Grant amount.--Each grant made under this subsection 
        shall be in an amount that is at least $5,000,000.
          ``(3) Project selection considerations.--In addition to other 
        applicable requirements, in making grants under this subsection 
        the Secretary shall consider--
                  ``(A) the cost effectiveness of the proposed project; 
                and
                  ``(B) the effect of the proposed project on mobility 
                in the State and region in which the project is carried 
                out.
          ``(4) Excess funding.--In any fiscal year in which qualified 
        applications for grants under this subsection will not allow 
        for the amount reserved under paragraph (1) to be fully 
        utilized, the Secretary shall use the unutilized amounts to 
        make other grants under this section.
          ``(5) Rural areas.--The Secretary shall reserve not less than 
        20 percent of the amounts made available for grants under this 
        section, including the amounts made available under paragraph 
        (1), each fiscal year to make grants for projects located in 
        rural areas.
  ``(i) Federal Share.--
          ``(1) In general.--The Federal share of the cost of a project 
        assisted with a grant under this section may not exceed 50 
        percent.
          ``(2) Non-federal share.--Funds apportioned to a State under 
        section 104(b)(1) or 104(b)(2) may be used to satisfy the non-
        Federal share of the cost of a project for which a grant is 
        made under this section so long as the total amount of Federal 
        funding for the project does not exceed 80 percent of project 
        costs.
  ``(j) Agreements To Combine Amounts.--Two or more entities specified 
in subsection (c)(1) may combine, pursuant to an agreement entered into 
by the entities, any part of the amounts provided to the entities from 
grants under this section for a project for which the relevant grants 
were made if--
          ``(1) the agreement will benefit each entity entering into 
        the agreement; and
          ``(2) the agreement is not in violation of a law of any such 
        entity.
  ``(k) Treatment of Freight Projects.--Notwithstanding any other 
provision of law, a freight project carried out under this section 
shall be treated as if the project is located on a Federal-aid highway.
  ``(l) TIFIA Program.--At the request of an eligible applicant under 
this section, the Secretary may use amounts awarded to the entity to 
pay subsidy and administrative costs necessary to provide the entity 
Federal credit assistance under chapter 6 with respect to the project 
for which the grant was awarded.
  ``(m) Congressional Notification.--
          ``(1) Notification.--At least 60 days before making a grant 
        for a project under this section, the Secretary shall notify, 
        in writing, the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate of the proposed 
        grant. The notification shall include an evaluation and 
        justification for the project and the amount of the proposed 
        grant award.
          ``(2) Congressional disapproval.--The Secretary may not make 
        a grant or any other obligation or commitment to fund a project 
        under this section if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        60-day period described in paragraph (1).''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 116 the following:

``117. Nationally significant freight and highway projects.''.

  (c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and the 
item relating to that section in the table of contents in section 1(b) 
of such Act, are repealed.

SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

  Section 165(a) of title 23, United States Code, is amended--
          (1) in paragraph (1) by striking ``$150,000,000'' and 
        inserting ``$158,000,000''; and
          (2) in paragraph (2) by striking ``$40,000,000'' and 
        inserting ``$42,000,000''.

SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAM.

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

SEC. 1114. TRIBAL TRANSPORTATION PROGRAM.

  Section 202(a)(6) of title 23, United States Code, is amended by 
striking ``6 percent'' and inserting ``5 percent''.

SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM.

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

SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

  (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 206 the following:

``SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

  ``(a) Establishment.--Subject to the requirements of this section, 
the Secretary shall establish and carry out a program to be known as 
the tribal transportation self-governance program. The Secretary may 
delegate responsibilities for administration of the program as the 
Secretary determines appropriate.
  ``(b) Eligibility.--
          ``(1) In general.--Subject to paragraphs (2) and (3), an 
        Indian tribe shall be eligible to participate in the program if 
        the Indian tribe requests participation in the program by 
        resolution or other official action by the governing body of 
        the Indian tribe, and demonstrates, for the preceding 3 fiscal 
        years, financial stability and financial management capability, 
        and transportation program management capability.
          ``(2) Criteria for determining financial stability and 
        financial management capacity.--For the purposes of paragraph 
        (1), evidence that, during the preceding 3 fiscal years, an 
        Indian tribe had no uncorrected significant and material audit 
        exceptions in the required annual audit of the Indian tribe's 
        self-determination contracts or self-governance funding 
        agreements with any Federal agency shall be conclusive evidence 
        of the required financial stability and financial management 
        capability.
          ``(3) Criteria for determining transportation program 
        management capability.--The Secretary shall require an Indian 
        tribe to demonstrate transportation program management 
        capability, including the capability to manage and complete 
        projects eligible under this title and projects eligible under 
        chapter 53 of title 49, to gain eligibility for the program.
  ``(c) Compacts.--
          ``(1) Compact required.--Upon the request of an eligible 
        Indian tribe, and subject to the requirements of this section, 
        the Secretary shall negotiate and enter into a written compact 
        with the Indian tribe for the purpose of providing for the 
        participation of the Indian tribe in the program.
          ``(2) Contents.--A compact entered into under paragraph (1) 
        shall set forth the general terms of the government-to-
        government relationship between the Indian tribe and the United 
        States under the program and other terms that will continue to 
        apply in future fiscal years.
          ``(3) Amendments.--A compact entered into with an Indian 
        tribe under paragraph (1) may be amended only by mutual 
        agreement of the Indian tribe and the Secretary.
  ``(d) Annual Funding Agreements.--
          ``(1) Funding agreement required.--After entering into a 
        compact with an Indian tribe under subsection (c), the 
        Secretary shall negotiate and enter into a written annual 
        funding agreement with the Indian tribe.
          ``(2) Contents.--
                  ``(A) In general.--
                          ``(i) Formula funding and discretionary 
                        grants.--A funding agreement entered into with 
                        an Indian tribe shall authorize the Indian 
                        tribe, as determined by the Indian tribe, to 
                        plan, conduct, consolidate, administer, and 
                        receive full tribal share funding, tribal 
                        transit formula funding, and funding to tribes 
                        from discretionary and competitive grants 
                        administered by the Department for all 
                        programs, services, functions, and activities 
                        (or portions thereof) that are made available 
                        to Indian tribes to carry out tribal 
                        transportation programs and programs, services, 
                        functions, and activities (or portions thereof) 
                        administered by the Secretary that are 
                        otherwise available to Indian tribes.
                          ``(ii) Transfers of state funds.--
                                  ``(I) Inclusion of transferred funds 
                                in funding agreement.--A funding 
                                agreement entered into with an Indian 
                                tribe shall include Federal-aid funds 
                                apportioned to a State under chapter 1 
                                if the State elects to provide a 
                                portion of such funds to the Indian 
                                tribe for a project eligible under 
                                section 202(a).
                                  ``(II) Method for transfers.--If a 
                                State elects to provide funds described 
                                in subclause (I) to an Indian tribe, 
                                the State shall transfer the funds back 
                                to the Secretary and the Secretary 
                                shall transfer the funds to the Indian 
                                tribe in accordance with this section.
                                  ``(III) Responsibility for 
                                transferred funds.--Notwithstanding any 
                                other provision of law, if a State 
                                provides funds described in subclause 
                                (I) to an Indian tribe--
                                          ``(aa) the State shall not be 
                                        responsible for constructing or 
                                        maintaining a project carried 
                                        out using the funds or for 
                                        administering or supervising 
                                        the project or funds during the 
                                        applicable statute of 
                                        limitations period related to 
                                        the construction of the 
                                        project; and
                                          ``(bb) the Indian tribe shall 
                                        be responsible for constructing 
                                        and maintaining a project 
                                        carried out using the funds and 
                                        for administering and 
                                        supervising the project and 
                                        funds in accordance with this 
                                        section during the applicable 
                                        statute of limitations period 
                                        related to the construction of 
                                        the project.
                  ``(B) Administration of tribal shares.--The tribal 
                shares referred to in subparagraph (A) shall be 
                provided without regard to the agency or office of the 
                Department within which the program, service, function, 
                or activity (or portion thereof) is performed.
                  ``(C) Flexible and innovative financing.--
                          ``(i) In general.--A funding agreement 
                        entered into with an Indian tribe under 
                        paragraph (1) shall include provisions 
                        pertaining to flexible and innovative financing 
                        if agreed upon by the parties.
                          ``(ii) Terms and conditions.--
                                  ``(I) Authority to issue 
                                regulations.--The Secretary may issue 
                                regulations to establish the terms and 
                                conditions relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i).
                                  ``(II) Terms and conditions in 
                                absence of regulations.--If the 
                                Secretary does not issue regulations 
                                under subclause (I), the terms and 
                                conditions relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i) shall be 
                                consistent with--
                                          ``(aa) agreements entered 
                                        into by the Department under--
                                                  ``(AA) section 
                                                202(b)(7); and
                                                  ``(BB) section 
                                                202(d)(5), as in effect 
                                                before the date of 
                                                enactment of MAP-21 
                                                (Public Law 112-141); 
                                                or
                                          ``(bb) regulations of the 
                                        Department of the Interior 
                                        relating to flexible financing 
                                        contained in part 170 of title 
                                        25, Code of Federal 
                                        Regulations, as in effect on 
                                        the date of enactment of the 
                                        Surface Transportation 
                                        Reauthorization and Reform Act 
                                        of 2015.
          ``(3) Terms.--A funding agreement shall set forth--
                  ``(A) terms that generally identify the programs, 
                services, functions, and activities (or portions 
                thereof) to be performed or administered by the Indian 
                tribe; and
                  ``(B) for items identified in subparagraph (A)--
                          ``(i) the general budget category assigned;
                          ``(ii) the funds to be provided, including 
                        those funds to be provided on a recurring 
                        basis;
                          ``(iii) the time and method of transfer of 
                        the funds;
                          ``(iv) the responsibilities of the Secretary 
                        and the Indian tribe; and
                          ``(v) any other provision agreed to by the 
                        Indian tribe and the Secretary.
          ``(4) Subsequent funding agreements.--
                  ``(A) Applicability of existing agreement.--Absent 
                notification from an Indian tribe that the Indian tribe 
                is withdrawing from or retroceding the operation of 1 
                or more programs, services, functions, or activities 
                (or portions thereof) identified in a funding 
                agreement, or unless otherwise agreed to by the 
                parties, each funding agreement shall remain in full 
                force and effect until a subsequent funding agreement 
                is executed.
                  ``(B) Effective date of subsequent agreement.--The 
                terms of the subsequent funding agreement shall be 
                retroactive to the end of the term of the preceding 
                funding agreement.
          ``(5) Consent of indian tribe required.--The Secretary shall 
        not revise, amend, or require additional terms in a new or 
        subsequent funding agreement without the consent of the Indian 
        tribe that is subject to the agreement unless such terms are 
        required by Federal law.
  ``(e) General Provisions.--
          ``(1) Redesign and consolidation.--
                  ``(A) In general.--An Indian tribe, in any manner 
                that the Indian tribe considers to be in the best 
                interest of the Indian community being served, may--
                          ``(i) redesign or consolidate programs, 
                        services, functions, and activities (or 
                        portions thereof) included in a funding 
                        agreement; and
                          ``(ii) reallocate or redirect funds for such 
                        programs, services, functions, and activities 
                        (or portions thereof), if the funds are--
                                  ``(I) expended on projects identified 
                                in a transportation improvement program 
                                approved by the Secretary; and
                                  ``(II) used in accordance with the 
                                requirements in--
                                          ``(aa) appropriations Acts;
                                          ``(bb) this title and chapter 
                                        53 of title 49; and
                                          ``(cc) any other applicable 
                                        law.
                  ``(B) Exception.--Notwithstanding subparagraph (A), 
                if, pursuant to subsection (d), an Indian tribe 
                receives a discretionary or competitive grant from the 
                Secretary or receives State apportioned funds, the 
                Indian tribe shall use the funds for the purpose for 
                which the funds were originally authorized.
          ``(2) Retrocession.--
                  ``(A) In general.--
                          ``(i) Authority of indian tribes.--An Indian 
                        tribe may retrocede (fully or partially) to the 
                        Secretary programs, services, functions, or 
                        activities (or portions thereof) included in a 
                        compact or funding agreement.
                          ``(ii) Reassumption of remaining funds.--
                        Following a retrocession described in clause 
                        (i), the Secretary may--
                                  ``(I) reassume the remaining funding 
                                associated with the retroceded 
                                programs, functions, services, and 
                                activities (or portions thereof) 
                                included in the applicable compact or 
                                funding agreement;
                                  ``(II) out of such remaining funds, 
                                transfer funds associated with 
                                Department of Interior programs, 
                                services, functions, or activities (or 
                                portions thereof) to the Secretary of 
                                the Interior to carry out 
                                transportation services provided by the 
                                Secretary of the Interior; and
                                  ``(III) distribute funds not 
                                transferred under subclause (II) in 
                                accordance with applicable law.
                          ``(iii) Correction of programs.--If the 
                        Secretary makes a finding under subsection 
                        (f)(2)(B) and no funds are available under 
                        subsection (f)(2)(A)(ii), the Secretary shall 
                        not be required to provide additional funds to 
                        complete or correct any programs, functions, 
                        services, or activities (or portions thereof).
                  ``(B) Effective date.--Unless the Indian tribe 
                rescinds a request for retrocession, the retrocession 
                shall become effective within the timeframe specified 
                by the parties in the compact or funding agreement. In 
                the absence of such a specification, the retrocession 
                shall become effective on--
                          ``(i) the earlier of--
                                  ``(I) 1 year after the date of 
                                submission of the request; or
                                  ``(II) the date on which the funding 
                                agreement expires; or
                          ``(ii) such date as may be mutually agreed 
                        upon by the parties and, with respect to 
                        Department of the Interior programs, functions, 
                        services, and activities (or portions thereof), 
                        the Secretary of the Interior.
  ``(f) Provisions Relating to Secretary.--
          ``(1) Decisionmaker.--A decision that relates to an appeal of 
        the rejection of a final offer by the Department shall be made 
        either--
                  ``(A) by an official of the Department who holds a 
                position at a higher organizational level within the 
                Department than the level of the departmental agency in 
                which the decision that is the subject of the appeal 
                was made; or
                  ``(B) by an administrative judge.
          ``(2) Termination of compact or funding agreement.--
                  ``(A) Authority to terminate.--
                          ``(i) Provision to be included in compact or 
                        funding agreement.--A compact or funding 
                        agreement shall include a provision authorizing 
                        the Secretary, if the Secretary makes a finding 
                        described in subparagraph (B), to--
                                  ``(I) terminate the compact or 
                                funding agreement (or a portion 
                                thereof); and
                                  ``(II) reassume the remaining funding 
                                associated with the reassumed programs, 
                                functions, services, and activities 
                                included in the compact or funding 
                                agreement.
                          ``(ii) Transfers of funds.--Out of any funds 
                        reassumed under clause (i)(II), the Secretary 
                        may transfer the funds associated with 
                        Department of the Interior programs, functions, 
                        services, and activities (or portions thereof) 
                        to the Secretary of the Interior to provide 
                        continued transportation services in accordance 
                        with applicable law.
                  ``(B) Findings resulting in termination.--The finding 
                referred to in subparagraph (A) is a specific finding 
                of--
                          ``(i) imminent jeopardy to a trust asset, 
                        natural resources, or public health and safety 
                        that is caused by an act or omission of the 
                        Indian tribe and that arises out of a failure 
                        to carry out the compact or funding agreement, 
                        as determined by the Secretary; or
                          ``(ii) gross mismanagement with respect to 
                        funds or programs transferred to the Indian 
                        tribe under the compact or funding agreement, 
                        as determined by the Secretary in consultation 
                        with the Inspector General of the Department, 
                        as appropriate.
                  ``(C) Prohibition.--The Secretary shall not terminate 
                a compact or funding agreement (or portion thereof) 
                unless--
                          ``(i) the Secretary has first provided 
                        written notice and a hearing on the record to 
                        the Indian tribe that is subject to the compact 
                        or funding agreement; and
                          ``(ii) the Indian tribe has not taken 
                        corrective action to remedy the mismanagement 
                        of funds or programs or the imminent jeopardy 
                        to a trust asset, natural resource, or public 
                        health and safety.
                  ``(D) Exception.--
                          ``(i) In general.--Notwithstanding 
                        subparagraph (C), the Secretary, upon written 
                        notification to an Indian tribe that is subject 
                        to a compact or funding agreement, may 
                        immediately terminate the compact or funding 
                        agreement (or portion thereof) if--
                                  ``(I) the Secretary makes a finding 
                                of imminent substantial and irreparable 
                                jeopardy to a trust asset, natural 
                                resource, or public health and safety; 
                                and
                                  ``(II) the jeopardy arises out of a 
                                failure to carry out the compact or 
                                funding agreement.
                          ``(ii) Hearings.--If the Secretary terminates 
                        a compact or funding agreement (or portion 
                        thereof) under clause (i), the Secretary shall 
                        provide the Indian tribe subject to the compact 
                        or agreement with a hearing on the record not 
                        later than 10 days after the date of such 
                        termination.
                  ``(E) Burden of proof.--In any hearing or appeal 
                involving a decision to terminate a compact or funding 
                agreement (or portion thereof) under this paragraph, 
                the Secretary shall have the burden of proof in 
                demonstrating by clear and convincing evidence the 
                validity of the grounds for the termination.
  ``(g) Cost Principles.--In administering funds received under this 
section, an Indian tribe shall apply cost principles under the 
applicable Office of Management and Budget circular, except as modified 
by section 450j-1 of title 25, other provisions of law, or by any 
exemptions to applicable Office of Management and Budget circulars 
subsequently granted by the Office of Management and Budget. No other 
audit or accounting standards shall be required by the Secretary. Any 
claim by the Federal Government against the Indian tribe relating to 
funds received under a funding agreement based on any audit conducted 
pursuant to this subsection shall be subject to the provisions of 
section 450j-1(f) of title 25.
  ``(h) Transfer of Funds.--The Secretary shall provide funds to an 
Indian tribe under a funding agreement in an amount equal to--
          ``(1) the sum of the funding that the Indian tribe would 
        otherwise receive for the program, function, service, or 
        activity in accordance with a funding formula or other 
        allocation method established under this title or chapter 53 of 
        title 49; and
          ``(2) such additional amounts as the Secretary determines 
        equal the amounts that would have been withheld for the costs 
        of the Bureau of Indian Affairs for administration of the 
        program or project.
  ``(i) Construction Programs.--
          ``(1) Standards.--Construction projects carried out under 
        programs administered by an Indian tribe with funds transferred 
        to the Indian tribe pursuant to a funding agreement entered 
        into under this section shall be constructed pursuant to the 
        construction program standards set forth in applicable 
        regulations or as specifically approved by the Secretary (or 
        the Secretary's designee).
          ``(2) Monitoring.--Construction programs shall be monitored 
        by the Secretary in accordance with applicable regulations.
  ``(j) Facilitation.--
          ``(1) Secretarial interpretation.--Except as otherwise 
        provided by law, the Secretary shall interpret all Federal 
        laws, Executive orders, and regulations in a manner that will 
        facilitate--
                  ``(A) the inclusion of programs, services, functions, 
                and activities (or portions thereof) and funds 
                associated therewith, in compacts and funding 
                agreements; and
                  ``(B) the implementation of the compacts and funding 
                agreements.
          ``(2) Regulation waiver.--
                  ``(A) In general.--An Indian tribe may submit to the 
                Secretary a written request to waive application of a 
                regulation promulgated under this section with respect 
                to a compact or funding agreement. The request shall 
                identify the regulation sought to be waived and the 
                basis for the request.
                  ``(B) Approvals and denials.--
                          ``(i) In general.--Not later than 90 days 
                        after the date of receipt of a written request 
                        under subparagraph (A), the Secretary shall 
                        approve or deny the request in writing.
                          ``(ii) Review.--The Secretary shall review 
                        any application by an Indian tribe for a waiver 
                        bearing in mind increasing opportunities for 
                        using flexible policy approaches at the Indian 
                        tribal level.
                          ``(iii) Deemed approval.--If the Secretary 
                        does not approve or deny a request submitted 
                        under subparagraph (A) on or before the last 
                        day of the 90-day period referred to in clause 
                        (i), the request shall be deemed approved.
                          ``(iv) Denials.--If the application for a 
                        waiver is not granted, the agency shall provide 
                        the applicant with the reasons for the denial 
                        as part of the written response required in 
                        clause (i).
                          ``(v) Finality of decisions.--A decision by 
                        the Secretary under this subparagraph shall be 
                        final for the Department.
  ``(k) Disclaimers.--
          ``(1) Existing authority.--Notwithstanding any other 
        provision of law, upon the election of an Indian tribe, the 
        Secretary shall--
                  ``(A) maintain current tribal transportation program 
                funding agreements and program agreements; or
                  ``(B) enter into new agreements under the authority 
                of section 202(b)(7).
          ``(2) Limitation on statutory construction.--Nothing in this 
        section may be construed to impair or diminish the authority of 
        the Secretary under section 202(b)(7).
  ``(l) Applicability of Indian Self-Determination and Education 
Assistance Act.--Except to the extent in conflict with this section (as 
determined by the Secretary), the following provisions of the Indian 
Self-Determination and Education Assistance Act shall apply to compact 
and funding agreements (except that any reference to the Secretary of 
the Interior or the Secretary of Health and Human Services in such 
provisions shall be treated as a reference to the Secretary of 
Transportation):
          ``(1) Subsections (a), (b), (d), (g), and (h) of section 506 
        of such Act (25 U.S.C. 458aaa-5), relating to general 
        provisions.
          ``(2) Subsections (b) through (e) and (g) of section 507 of 
        such Act (25 U.S.C.458aaa-6), relating to provisions relating 
        to the Secretary of Health and Human Services.
          ``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) 
        of section 508 of such Act (25 U.S.C. 458aaa-7), relating to 
        transfer of funds.
          ``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating 
        to Federal procurement laws and regulations.
          ``(5) Section 511 of such Act (25 U.S.C. 458aaa-10), relating 
        to civil actions.
          ``(6) Subsections (a)(1), (a)(2), and (c) through (f) of 
        section 512 of such Act (25 U.S.C. 458aaa-11), relating to 
        facilitation, except that subsection (c)(1) of that section 
        shall be applied by substituting `transportation facilities and 
        other facilities' for `school buildings, hospitals, and other 
        facilities'.
          ``(7) Subsections (a) and (b) of section 515 of such Act (25 
        U.S.C. 458aaa-14), relating to disclaimers.
          ``(8) Subsections (a) and (b) of section 516 of such Act (25 
        U.S.C. 458aaa-15), relating to application of title I 
        provisions.
          ``(9) Section 518 of such Act (25 U.S.C. 458aaa-17), relating 
        to appeals.
  ``(m) Definitions.--
          ``(1) In general.--In this section, the following definitions 
        apply (except as otherwise expressly provided):
                  ``(A) Compact.--The term `compact' means a compact 
                between the Secretary and an Indian tribe entered into 
                under subsection (c).
                  ``(B) Department.--The term `Department' means the 
                Department of Transportation.
                  ``(C) Eligible indian tribe.--The term `eligible 
                Indian tribe' means an Indian tribe that is eligible to 
                participate in the program, as determined under 
                subsection (b).
                  ``(D) Funding agreement.--The term `funding 
                agreement' means a funding agreement between the 
                Secretary and an Indian tribe entered into under 
                subsection (d).
                  ``(E) Indian tribe.--The term `Indian tribe' means 
                any Indian or Alaska Native tribe, band, nation, 
                pueblo, village, or community that the Secretary of the 
                Interior acknowledges to exist as an Indian tribe under 
                the Federally Recognized Indian Tribe List Act of 1994 
                (25 U.S.C. 479a). In any case in which an Indian tribe 
                has authorized another Indian tribe, an intertribal 
                consortium, or a tribal organization to plan for or 
                carry out programs, services, functions, or activities 
                (or portions thereof) on its behalf under this part, 
                the authorized Indian tribe, intertribal consortium, or 
                tribal organization shall have the rights and 
                responsibilities of the authorizing Indian tribe 
                (except as otherwise provided in the authorizing 
                resolution or in this title). In such event, the term 
                `Indian tribe' as used in this part shall include such 
                other authorized Indian tribe, intertribal consortium, 
                or tribal organization.
                  ``(F) Program.--The term `program' means the tribal 
                transportation self-governance program established 
                under this section.
                  ``(G) Secretary.--The term `Secretary' means the 
                Secretary of Transportation.
                  ``(H) Transportation programs.--The term 
                `transportation programs' means all programs 
                administered or financed by the Department under this 
                title and chapter 53 of title 49.
          ``(2) Applicability of other definitions.--In this section, 
        the definitions set forth in sections 4 and 505 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b; 458aaa) apply, except as otherwise expressly provided in 
        this section.
  ``(n) Regulations.--
          ``(1) In general.--
                  ``(A) Promulgation.--Not later than 90 days after the 
                date of enactment of the Surface Transportation 
                Reauthorization and Reform Act of 2015, the Secretary 
                shall initiate procedures under subchapter III of 
                chapter 5 of title 5 to negotiate and promulgate such 
                regulations as are necessary to carry out this section.
                  ``(B) Publication of proposed regulations.--Proposed 
                regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 21 months after such date of enactment.
                  ``(C) Expiration of authority.--The authority to 
                promulgate regulations under paragraph (1) shall expire 
                30 months after such date of enactment.
                  ``(D) Extension of deadlines.--A deadline set forth 
                in paragraph (1)(B) or (1)(C) may be extended up to 180 
                days if the negotiated rulemaking committee referred to 
                in paragraph (2) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                appropriate committees of Congress.
          ``(2) Committee.--
                  ``(A) In general.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this subsection shall have as its members only 
                Federal and tribal government representatives, a 
                majority of whom shall be nominated by and be 
                representatives of Indian tribes with funding 
                agreements under this title.
                  ``(B) Requirements.--The committee shall confer with, 
                and accommodate participation by, representatives of 
                Indian tribes, inter-tribal consortia, tribal 
                organizations, and individual tribal members.
                  ``(C) Adaptation of procedures.--The Secretary shall 
                adapt the negotiated rulemaking procedures to the 
                unique context of self-governance and the government-
                to-government relationship between the United States 
                and Indian tribes.
          ``(3) Effect.--The lack of promulgated regulations shall not 
        limit the effect of this section.
          ``(4) Effect of circulars, policies, manuals, guidance, and 
        rules.--Unless expressly agreed to by the participating Indian 
        tribe in the compact or funding agreement, the participating 
        Indian tribe shall not be subject to any agency circular, 
        policy, manual, guidance, or rule adopted by the Department, 
        except regulations promulgated under this section.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 206 the following:

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

SEC. 1117. EMERGENCY RELIEF.

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

SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS.

  Section 143(b) of title 23, United States Code, is amended--
          (1) by striking paragraph (2)(A) and inserting the following:
                  ``(A) In general.--From administrative funds made 
                available under section 104(a), the Secretary may 
                deduct such sums as are necessary, not to exceed 
                $6,000,000 for each of fiscal years 2016 through 2021, 
                to carry out this section.'';
          (2) in the heading for paragraph (8) by inserting ``block 
        grant'' after ``surface transportation''; and
          (3) in paragraph (9) by inserting ``, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Environment and Public 
        Works of the Senate'' after ``the Secretary''.

SEC. 1119. BUNDLING OF BRIDGE PROJECTS.

  Section 144 of title 23, United States Code, is amended--
          (1) in subsection (c)(2)(A) by striking ``the natural 
        condition of the bridge'' and inserting ``the natural condition 
        of the water'';
          (2) by redesignating subsection (j) as subsection (k);
          (3) by inserting after subsection (i) the following:
  ``(j) Bundling of Bridge Projects.--
          ``(1) Purpose.--The purpose of this subsection is to save 
        costs and time by encouraging States to bundle multiple bridge 
        projects as 1 project.
          ``(2) Eligible entity defined.--In this subsection, the term 
        `eligible entity' means an entity eligible to carry out a 
        bridge project under section 119 or 133.
          ``(3) Bundling of bridge projects.--An eligible entity may 
        bundle 2 or more similar bridge projects that are--
                  ``(A) eligible projects under section 119 or 133;
                  ``(B) included as a bundled project in a 
                transportation improvement program under section 134(j) 
                or a statewide transportation improvement program under 
                section 135, as applicable; and
                  ``(C) awarded to a single contractor or consultant 
                pursuant to a contract for engineering and design or 
                construction between the contractor and an eligible 
                entity.
          ``(4) Itemization.--Notwithstanding any other provision of 
        law (including regulations), a bundling of bridge projects 
        under this subsection may be listed as--
                  ``(A) 1 project for purposes of sections 134 and 135; 
                and
                  ``(B) a single project within the applicable bundle.
          ``(5) Financial characteristics.--Projects bundled under this 
        subsection shall have the same financial characteristics, 
        including--
                  ``(A) the same funding category or subcategory; and
                  ``(B) the same Federal share.
          ``(6) Engineering cost reimbursement.--The provisions of 
        section 102(b) do not apply to projects carried out under this 
        subsection.''; and
          (4) in subsection (k)(2), as redesignated by paragraph (2) of 
        this section, by striking ``104(b)(3)'' and inserting 
        ``104(b)(2)''.

SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

  Section 1123(h)(1) of MAP-21 (23 U.S.C. 202 note) is amended by 
striking ``fiscal years'' and all that follows through the period at 
the end and inserting ``fiscal years 2016 through 2021.''.

SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

  Section 147(e) of title 23, United States Code, is amended by 
striking ``2013 and 2014'' and inserting ``2016 through 2021''.

            Subtitle B--Planning and Performance Management

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

  Section 134 of title 23, United States Code, is amended--
          (1) in subsection (c)(2), by striking ``and bicycle 
        transportation facilities'' and inserting ``, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation, including intercity buses and 
        intercity bus facilities'';
          (2) in subsection (d)--
                  (A) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively;
                  (B) by inserting after paragraph (2) the following:
          ``(3) Representation.--
                  ``(A) In general.--Designation or selection of 
                officials or representatives under paragraph (2) shall 
                be determined by the metropolitan planning organization 
                according to the bylaws or enabling statute of the 
                organization.
                  ``(B) Public transportation representative.--Subject 
                to the bylaws or enabling statute of the metropolitan 
                planning organization, a representative of a provider 
                of public transportation may also serve as a 
                representative of a local municipality.
                  ``(C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting rights, and 
                any other authority commensurate with other officials 
                described in paragraph (2).''; and
                  (C) in paragraph (5) as so redesignated by striking 
                ``paragraph (5)'' and inserting ``paragraph (6)'';
          (3) in subsection (e)(4)(B), by striking ``subsection 
        (d)(5)'' and inserting ``subsection (d)(6)'';
          (4) in subsection (g)(3)(A), by inserting ``tourism, natural 
        disaster risk reduction,'' after ``economic development,'';
          (5) in subsection (h)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (G), by striking ``and'' 
                        at the end;
                          (ii) in subparagraph (H) by striking the 
                        period at the end and inserting a semicolon; 
                        and
                          (iii) by adding at the end the following:
                  ``(I) improve the resilience and reliability of the 
                transportation system; and
                  ``(J) enhance travel and tourism.''; and
                  (B) in paragraph (2)(A) by striking ``and in section 
                5301(c) of title 49'' and inserting ``and the general 
                purposes described in section 5301 of title 49'';
          (6) in subsection (i)--
                  (A) in paragraph (2)(A)(i) by striking ``transit,'' 
                and inserting ``public transportation facilities, 
                intercity bus facilities,'';
                  (B) in paragraph (6)(A)--
                          (i) by inserting ``public ports,'' before 
                        ``freight shippers,''; and
                          (ii) by inserting ``(including intercity bus 
                        operators, employer-based commuting programs, 
                        such as a carpool program, vanpool program, 
                        transit benefit program, parking cash-out 
                        program, shuttle program, or telework 
                        program)'' after ``private providers of 
                        transportation''; and
                  (C) in paragraph (8) by striking ``paragraph (2)(C)'' 
                and inserting ``paragraph (2)(E)'' each place it 
                appears;
          (7) in subsection (k)(3)--
                  (A) in subparagraph (A) by inserting ``(including 
                intercity bus operators, employer-based commuting 
                programs such as a carpool program, vanpool program, 
                transit benefit program, parking cash-out program, 
                shuttle program, or telework program), job access 
                projects,'' after ``reduction''; and
                  (B) by adding at the end the following:
                  ``(C) Congestion management plan.--A metropolitan 
                planning organization with a transportation management 
                area may develop a plan that includes projects and 
                strategies that will be considered in the TIP of such 
                metropolitan planning organization. Such plan shall--
                          ``(i) develop regional goals to reduce 
                        vehicle miles traveled during peak commuting 
                        hours and improve transportation connections 
                        between areas with high job concentration and 
                        areas with high concentrations of low-income 
                        households;
                          ``(ii) identify existing public 
                        transportation services, employer-based 
                        commuter programs, and other existing 
                        transportation services that support access to 
                        jobs in the region; and
                          ``(iii) identify proposed projects and 
                        programs to reduce congestion and increase job 
                        access opportunities.
                  ``(D) Participation.--In developing the plan under 
                subparagraph (C), a metropolitan planning organization 
                shall consult with employers, private and nonprofit 
                providers of public transportation, transportation 
                management organizations, and organizations that 
                provide job access reverse commute projects or job-
                related services to low-income individuals.'';
          (8) in subsection (l)--
                  (A) by adding a period at the end of paragraph (1); 
                and
                  (B) in paragraph (2)(D) by striking ``of less than 
                200,000'' and inserting ``with a population of 200,000 
                or less'';
          (9) in subsection (n)(1) by inserting ``49'' after ``chapter 
        53 of title''; and
          (10) in subsection (p) by striking ``Funds set aside under 
        section 104(f)'' and inserting ``Funds apportioned under 
        section 104(b)(5)''.

SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

  Section 135 of title 23, United States Code, is amended--
          (1) in subsection (a)(2) by striking ``and bicycle 
        transportation facilities'' and inserting, ``, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation, including intercity buses and 
        intercity bus facilities'';
          (2) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (G) by striking ``and'' 
                        at the end;
                          (ii) in subparagraph (H) by striking the 
                        period at the end and inserting a semicolon; 
                        and
                          (iii) by adding at the end the following:
                  ``(I) improve the resilience and reliability of the 
                transportation system; and
                  ``(J) enhance travel and tourism.''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (A) by striking ``and in 
                        section 5301(c) of title 49'' and inserting 
                        ``and the general purposes described in section 
                        5301 of title 49'';
                          (ii) in subparagraph (B)(ii) by striking 
                        ``urbanized''; and
                          (iii) in subparagraph (C) by striking 
                        ``urbanized''; and
          (3) in subsection (f)--
                  (A) in paragraph (3)(A)(ii)--
                          (i) by inserting ``public ports,'' before 
                        ``freight shippers,''; and
                          (ii) by inserting ``(including intercity bus 
                        operators, employer-based commuting programs, 
                        such as a carpool program, vanpool program, 
                        transit benefit program, parking cash-out 
                        program, shuttle program, or telework 
                        program)'' after ``private providers of 
                        transportation''; and
                  (B) in paragraph (7), in the matter preceding 
                subparagraph (A), by striking ``should'' and inserting 
                ``shall''.

              Subtitle C--Acceleration of Project Delivery

SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC SITES.

  (a) Highways.--Section 138 of title 23, United States Code, is 
amended by adding at the end the following:
  ``(c) Satisfaction of Requirements for Certain Historic Sites.--
          ``(1) In general.--The Secretary shall--
                  ``(A) align, to the maximum extent practicable, with 
                the requirements of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4231 et seq.) and section 306108 
                of title 54, including implementing regulations; and
                  ``(B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with the 
                Secretary of the Interior and the Executive Director of 
                the Advisory Council on Historic Preservation (referred 
                to in this subsection as the `Council') to establish 
                procedures to satisfy the requirements described in 
                subparagraph (A) (including regulations).
          ``(2) Avoidance alternative analysis.--
                  ``(A) In general.--If, in an analysis required under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4231 et seq.), the Secretary determines that 
                there is no feasible or prudent alternative to avoid 
                use of a historic site, the Secretary may--
                          ``(i) include the determination of the 
                        Secretary in the analysis required under that 
                        Act;
                          ``(ii) provide a notice of the determination 
                        to--
                                  ``(I) each applicable State historic 
                                preservation officer and tribal 
                                historic preservation officer;
                                  ``(II) the Council, if the Council is 
                                participating in the consultation 
                                process under section 306108 of title 
                                54; and
                                  ``(III) the Secretary of the 
                                Interior; and
                          ``(iii) request from the applicable 
                        preservation officer, the Council, and the 
                        Secretary of the Interior a concurrence that 
                        the determination is sufficient to satisfy the 
                        requirement of subsection (a)(1).
                  ``(B) Concurrence.--If the applicable preservation 
                officer, the Council, and the Secretary of the Interior 
                each provide a concurrence requested under subparagraph 
                (A)(iii), no further analysis under subsection (a)(1) 
                shall be required.
                  ``(C) Publication.--A notice of a determination, 
                together with each relevant concurrence to that 
                determination, under subparagraph (A) shall be--
                          ``(i) included in the record of decision or 
                        finding of no significant impact of the 
                        Secretary; and
                          ``(ii) posted on an appropriate Federal Web 
                        site by not later than 3 days after the date of 
                        receipt by the Secretary of all concurrences 
                        requested under subparagraph (A)(iii).
          ``(3) Aligning historical reviews.--
                  ``(A) In general.--If the Secretary, the applicable 
                preservation officer, the Council, and the Secretary of 
                the Interior concur that no feasible and prudent 
                alternative exists as described in paragraph (2), the 
                Secretary may provide to the applicable preservation 
                officer, the Council, and the Secretary of the Interior 
                notice of the intent of the Secretary to satisfy the 
                requirements of subsection (a)(2) through the 
                consultation requirements of section 306108 of title 
                54.
                  ``(B) Satisfaction of conditions.--To satisfy the 
                requirements of subsection (a)(2), each individual 
                described in paragraph (2)(A)(ii) shall concur in the 
                treatment of the applicable historic site described in 
                the memorandum of agreement or programmatic agreement 
                developed under section 306108 of title 54.''.
  (b) Public Transportation.--Section 303 of title 49, United States 
Code, is amended by adding at the end the following:
  ``(e) Satisfaction of Requirements for Certain Historic Sites.--
          ``(1) In general.--The Secretary shall--
                  ``(A) align, to the maximum extent practicable, the 
                requirements of this section with the requirements of 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4231 et seq.) and section 306108 of title 54, 
                including implementing regulations; and
                  ``(B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with the 
                Secretary of the Interior and the Executive Director of 
                the Advisory Council on Historic Preservation (referred 
                to in this subsection as the `Council') to establish 
                procedures to satisfy the requirements described in 
                subparagraph (A) (including regulations).
          ``(2) Avoidance alternative analysis.--
                  ``(A) In general.--If, in an analysis required under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4231 et seq.), the Secretary determines that 
                there is no feasible or prudent alternative to avoid 
                use of a historic site, the Secretary may--
                          ``(i) include the determination of the 
                        Secretary in the analysis required under that 
                        Act;
                          ``(ii) provide a notice of the determination 
                        to--
                                  ``(I) each applicable State historic 
                                preservation officer and tribal 
                                historic preservation officer;
                                  ``(II) the Council, if the Council is 
                                participating in the consultation 
                                process under section 306108 of title 
                                54; and
                                  ``(III) the Secretary of the 
                                Interior; and
                          ``(iii) request from the applicable 
                        preservation officer, the Council, and the 
                        Secretary of the Interior a concurrence that 
                        the determination is sufficient to satisfy the 
                        requirement of subsection (c)(1).
                  ``(B) Concurrence.--If the applicable preservation 
                officer, the Council, and the Secretary of the Interior 
                each provide a concurrence requested under subparagraph 
                (A)(iii), no further analysis under subsection (a)(1) 
                shall be required.
                  ``(C) Publication.--A notice of a determination, 
                together with each relevant concurrence to that 
                determination, under subparagraph (A) shall be--
                          ``(i) included in the record of decision or 
                        finding of no significant impact of the 
                        Secretary; and
                          ``(ii) posted on an appropriate Federal Web 
                        site by not later than 3 days after the date of 
                        receipt by the Secretary of all concurrences 
                        requested under subparagraph (A)(iii).
          ``(3) Aligning historical reviews.--
                  ``(A) In general.--If the Secretary, the applicable 
                preservation officer, the Council, and the Secretary of 
                the Interior concur that no feasible and prudent 
                alternative exists as described in paragraph (2), the 
                Secretary may provide to the applicable preservation 
                officer, the Council, and the Secretary of the Interior 
                notice of the intent of the Secretary to satisfy the 
                requirements of subsection (c)(2) through the 
                consultation requirements of section 306108 of title 
                54.
                  ``(B) Satisfaction of conditions.--To satisfy the 
                requirements of subsection (c)(2), the applicable 
                preservation officer, the Council, and the Secretary of 
                the Interior shall concur in the treatment of the 
                applicable historic site described in the memorandum of 
                agreement or programmatic agreement developed under 
                section 306108 of title 54.''.

SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER 
                    PRESERVATION REQUIREMENTS.

  (a) Title 23 Amendment.--Section 138 of title 23, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
  ``(d) Rail and Transit.--
          ``(1) In general.--Improvements to, or the maintenance, 
        rehabilitation, or operation of, railroad or rail transit lines 
        or elements thereof that are in use or were historically used 
        for the transportation of goods or passengers shall not be 
        considered a use of a historic site under subsection (a), 
        regardless of whether the railroad or rail transit line or 
        element thereof is listed on, or eligible for listing on, the 
        National Register of Historic Places.
          ``(2) Exceptions.--
                  ``(A) In general.--Paragraph (1) shall not apply to--
                          ``(i) stations; or
                          ``(ii) bridges or tunnels located on--
                                  ``(I) railroad lines that have been 
                                abandoned; or
                                  ``(II) transit lines that are not in 
                                use.
                  ``(B) Clarification with respect to certain bridges 
                and tunnels.--The bridges and tunnels referred to in 
                subparagraph (A)(ii) do not include bridges or tunnels 
                located on railroad or transit lines--
                          ``(i) over which service has been 
                        discontinued; or
                          ``(ii) that have been railbanked or otherwise 
                        reserved for the transportation of goods or 
                        passengers.''.
  (b) Title 49 Amendment.--Section 303 of title 49, United States Code, 
as amended by this Act, is further amended--
          (1) in subsection (c), in the matter preceding paragraph (1), 
        by striking ``subsection (d)'' and inserting ``subsections (d), 
        (e), and (f)''; and
          (2) by adding at the end the following:
  ``(f) Rail and Transit.--
          ``(1) In general.--Improvements to, or the maintenance, 
        rehabilitation, or operation of, railroad or rail transit lines 
        or elements thereof that are in use or were historically used 
        for the transportation of goods or passengers shall not be 
        considered a use of a historic site under subsection (c), 
        regardless of whether the railroad or rail transit line or 
        element thereof is listed on, or eligible for listing on, the 
        National Register of Historic Places.
          ``(2) Exceptions.--
                  ``(A) In general.--Paragraph (1) shall not apply to--
                          ``(i) stations; or
                          ``(ii) bridges or tunnels located on--
                                  ``(I) railroad lines that have been 
                                abandoned; or
                                  ``(II) transit lines that are not in 
                                use.
                  ``(B) Clarification with respect to certain bridges 
                and tunnels.--The bridges and tunnels referred to in 
                subparagraph (A)(ii) do not include bridges or tunnels 
                located on railroad or transit lines--
                          ``(i) over which service has been 
                        discontinued; or
                          ``(ii) that have been railbanked or otherwise 
                        reserved for the transportation of goods or 
                        passengers.''.

SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL AUTHORITIES.

  (a) Title 23 Amendment.--Section 138 of title 23, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
  ``(e) References to Past Transportation Environmental Authorities.--
          ``(1) Section 4(f) requirements.--The requirements of this 
        section are commonly referred to as section 4(f) requirements 
        (see section 4(f) of the Department of Transportation Act 
        (Public Law 89-670; 80 Stat. 934) as in effect before the 
        repeal of that section).
          ``(2) Section 106 requirements.--The requirements of section 
        306108 of title 54 are commonly referred to as section 106 
        requirements (see section 106 of the National Historic 
        Preservation Act of 1966 (Public Law 89-665; 80 Stat. 915) as 
        in effect before the repeal of that section).''.
  (b) Title 49 Amendment.--Section 303 of title 49, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
  ``(g) References to Past Transportation Environmental Authorities.--
          ``(1) Section 4(f) requirements.--The requirements of this 
        section are commonly referred to as section 4(f) requirements 
        (see section 4(f) of the Department of Transportation Act 
        (Public Law 89-670; 80 Stat. 934) as in effect before the 
        repeal of that section).
          ``(2) Section 106 requirements.--The requirements of section 
        306108 of title 54 are commonly referred to as section 106 
        requirements (see section 106 of the National Historic 
        Preservation Act of 1966 (Public Law 89-665; 80 Stat. 915) as 
        in effect before the repeal of that section).''.

SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION 
                    REQUIREMENTS.

  (a) Title 23 Amendment.--Section 138 of title 23, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
  ``(f) Bridge Exemption.--A common post-1945 concrete or steel bridge 
or culvert that is exempt from individual review under section 306108 
of title 54 (as described in 77 Fed. Reg. 68790) shall be treated under 
this section as having a de minimis impact on an area.''.
  (b) Title 49 Amendment.--Section 303 of title 49, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
  ``(h) Bridge Exemption.--A common post-1945 concrete or steel bridge 
or culvert that is exempt from individual review under section 306108 
of title 54 (as described in 77 Fed. Reg. 68790) shall be treated under 
this section as having a de minimis impact on an area.''.

SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

  (a) Definitions.--Section 139(a) of title 23, United States Code, is 
amended--
          (1) by striking paragraph (5) and inserting the following:
          ``(5) Multimodal project.--The term `multimodal project' 
        means a project that requires the approval of more than 1 
        Department of Transportation operating administration or 
        secretarial office.'';
          (2) by adding at the end the following:
          ``(9) Substantial deference.--The term `substantial 
        deference' means deference by a participating agency to the 
        recommendations and decisions of the lead agency unless it is 
        not possible to defer without violating the participating 
        agency's statutory responsibilities.''.
  (b) Applicability.--Section 139(b)(3) of title 23, United States 
Code, is amended--
          (1) in subparagraph (A) in the matter preceding clause (i) by 
        striking ``initiate a rulemaking to''; and
          (2) by striking subparagraph (B) and inserting the following:
                  ``(B) Requirements.--In carrying out subparagraph 
                (A), the Secretary shall ensure that programmatic 
                reviews--
                          ``(i) promote transparency, including the 
                        transparency of--
                                  ``(I) the analyses and data used in 
                                the environmental reviews;
                                  ``(II) the treatment of any deferred 
                                issues raised by agencies or the 
                                public; and
                                  ``(III) the temporal and spatial 
                                scales to be used to analyze issues 
                                under subclauses (I) and (II);
                          ``(ii) use accurate and timely information, 
                        including through establishment of--
                                  ``(I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                  ``(II) a timeline for updating an 
                                out-of-date review;
                          ``(iii) describe--
                                  ``(I) the relationship between any 
                                programmatic analysis and future tiered 
                                analysis; and
                                  ``(II) the role of the public in the 
                                creation of future tiered analysis;
                          ``(iv) are available to other relevant 
                        Federal and State agencies, Indian tribes, and 
                        the public; and
                          ``(v) provide notice and public comment 
                        opportunities consistent with applicable 
                        requirements.''.
  (c) Federal Lead Agency.--Section 139(c)(1)(A) of title 23, United 
States Code, is amended by inserting ``, or an operating administration 
thereof designated by the Secretary,'' after ``Department of 
Transportation''.
  (d) Participating Agencies.--
          (1) Invitation.--Section 139(d)(2) of title 23, United States 
        Code, is amended by striking ``The lead agency shall identify, 
        as early as practicable in the environmental review process for 
        a project,'' and inserting ``Not later than 45 days after the 
        date of publication of a notice of intent to prepare an 
        environmental impact statement or the initiation of an 
        environmental assessment, the lead agency shall identify''.
          (2) Single nepa document.--Section 139(d) of title 23, United 
        States Code, is amended by adding at the end the following:
          ``(8) Single nepa document.--
                  ``(A) In general.--Except as inconsistent with 
                paragraph (7), to the maximum extent practicable and 
                consistent with Federal law, all Federal permits and 
                reviews for a project shall rely on a single 
                environment document prepared under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) under the leadership of the lead agency.
                  ``(B) Use of document.--
                          ``(i) In general.--To the maximum extent 
                        practicable, the lead agency shall develop an 
                        environmental document sufficient to satisfy 
                        the requirements for any Federal approval or 
                        other Federal action required for the project, 
                        including permits issued by other Federal 
                        agencies.
                          ``(ii) Cooperation of participating 
                        agencies.--Other participating agencies shall 
                        cooperate with the lead agency and provide 
                        timely information to help the lead agency 
                        carry out this subparagraph.
                  ``(C) Treatment as participating and cooperating 
                agencies.--A Federal agency required to make an 
                approval or take an action for a project, as described 
                in subparagraph (B), shall work with the lead agency 
                for the project to ensure that the agency making the 
                approval or taking the action is treated as being both 
                a participating and cooperating agency for the 
                project.''.
  (e) Project Initiation.--Section 139(e) of title 23, United States 
Code, is amended by adding at the end the following:
          ``(3) Environmental checklist.--
                  ``(A) Development.--The lead agency for a project, in 
                consultation with participating agencies, shall 
                develop, as appropriate, a checklist to help project 
                sponsors identify potential natural, cultural, and 
                historic resources in the area of the project.
                  ``(B) Purpose.--The purposes of the checklist are--
                          ``(i) to identify agencies and organizations 
                        that can provide information about natural, 
                        cultural, and historic resources;
                          ``(ii) to develop the information needed to 
                        determine the range of alternatives; and
                          ``(iii) to improve interagency collaboration 
                        to help expedite the permitting process for the 
                        lead agency and participating agencies.''.
  (f) Purpose and Need.--Section 139(f) of title 23, United States 
Code, is amended--
          (1) in the subsection heading by inserting ``; Alternatives 
        Analysis'' after ``Need'';
          (2) in paragraph (4)--
                  (A) by striking subparagraph (A) and inserting the 
                following:
                  ``(A) Participation.--
                          ``(i) In general.--As early as practicable 
                        during the environmental review process, the 
                        lead agency shall seek the involvement of 
                        participating agencies and the public for the 
                        purpose of reaching agreement early in the 
                        environmental review process on a reasonable 
                        range of alternatives that will satisfy all 
                        subsequent Federal environmental review and 
                        permit requirements.
                          ``(ii) Comments of participating agencies.--
                        To the maximum extent practicable and 
                        consistent with applicable law, each 
                        participating agency receiving an opportunity 
                        for involvement under clause (i) shall--
                                  ``(I) limit the agency's comments to 
                                subject matter areas within the 
                                agency's special expertise or 
                                jurisdiction; and
                                  ``(II) afford substantial deference 
                                to the range of alternatives 
                                recommended by the lead agency.
                          ``(iii) Effect of nonparticipation.--A 
                        participating agency that declines to 
                        participate in the development of the purpose 
                        and need and reasonable range of alternatives 
                        for a project shall be required to comply with 
                        the schedule developed under subsection 
                        (g)(1)(B).''; and
                  (B) in subparagraph (B)--
                          (i) by striking ``Following participation 
                        under paragraph (1)'' and inserting the 
                        following:
                          ``(i) Determination.--Following participation 
                        under subparagraph (A)''; and
                          (ii) by adding at the end the following:
                          ``(ii) Use.--To the maximum extent 
                        practicable and consistent with Federal law, 
                        the range of alternatives determined for a 
                        project under clause (i) shall be used for all 
                        Federal environmental reviews and permit 
                        processes required for the project unless the 
                        alternatives must be modified--
                                  ``(I) to address significant new 
                                information or circumstances, and the 
                                lead agency and participating agencies 
                                agree that the alternatives must be 
                                modified to address the new information 
                                or circumstances; or
                                  ``(II) for the lead agency or a 
                                participating agency to fulfill its 
                                responsibilities under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.) in a timely 
                                manner.''.
  (g) Coordination and Scheduling.--
          (1) Coordination plan.--Section 139(g)(1) of title 23, United 
        States Code, is amended--
                  (A) in subparagraph (A) by striking ``The lead 
                agency'' and inserting ``Not later than 90 days after 
                the date of publication of a notice of intent to 
                prepare an environmental impact statement or the 
                initiation of an environmental assessment, the lead 
                agency''; and
                  (B) in subparagraph (B)(i) by striking ``may 
                establish'' and inserting ``shall establish''.
          (2) Deadlines for decisions under other laws.--Section 
        139(g)(3) of title 23, United States Code, is amended to read 
        as follows:
          ``(3) Deadlines for decisions under other laws.--
                  ``(A) In general.--In any case in which a decision 
                under any Federal law relating to a project (including 
                the issuance or denial of a permit or license) is 
                required by law, regulation, or Executive order to be 
                made after the date on which the lead agency has issued 
                a categorical exclusion, finding of no significant 
                impact, or record of decision with respect to the 
                project, any such later decision shall be made or 
                completed by the later of--
                          ``(i) the date that is 180 days after the 
                        lead agency's final decision has been made; or
                          ``(ii) the date that is 180 days after the 
                        date on which a completed application was 
                        submitted for the permit or license.
                  ``(B) Treatment of delays.--Following the deadline 
                established by subparagraph (A), the Secretary shall 
                submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the 
                Senate, and publish on the Department's Internet Web 
                site--
                          ``(i) as soon as practicable after the 180-
                        day period, an initial notice of the failure of 
                        the Federal agency to make the decision; and
                          ``(ii) every 60 days thereafter, until such 
                        date as all decisions of the Federal agency 
                        relating to the project have been made by the 
                        Federal agency, an additional notice that 
                        describes the number of decisions of the 
                        Federal agency that remain outstanding as of 
                        the date of the additional notice.''.
          (3) Adoption of documents; accelerated decisionmaking in 
        environmental reviews.--
                  (A) In general.--Section 139(g) of title 23, United 
                States Code, is amended--
                          (i) by redesignating paragraph (4) as 
                        paragraph (5); and
                          (ii) by inserting after paragraph (3) the 
                        following:
          ``(4) Accelerated decisionmaking in environmental reviews.--
                  ``(A) In general.--In preparing a final environmental 
                impact statement under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 
                lead agency modifies the statement in response to 
                comments that are minor and are confined to factual 
                corrections or explanations of why the comments do not 
                warrant additional agency response, the lead agency may 
                write on errata sheets attached to the statement 
                instead of rewriting the draft statement, subject to 
                the condition that the errata sheets--
                          ``(i) cite the sources, authorities, and 
                        reasons that support the position of the 
                        agency; and
                          ``(ii) if appropriate, indicate the 
                        circumstances that would trigger agency 
                        reappraisal or further response.
                  ``(B) Single document.--To the maximum extent 
                practicable, the lead agency shall expeditiously 
                develop a single document that consists of a final 
                environmental impact statement and a record of 
                decision, unless--
                          ``(i) the final environmental impact 
                        statement makes substantial changes to the 
                        proposed action that are relevant to 
                        environmental or safety concerns; or
                          ``(ii) there is a significant new 
                        circumstance or information relevant to 
                        environmental concerns that bears on the 
                        proposed action or the impacts of the proposed 
                        action.''.
                  (B) Conforming amendment.--Section 1319 of MAP-21 (42 
                U.S.C. 4332a), and the item relating to that section in 
                the table of contents contained in section 1(c) of that 
                Act, are repealed.
  (h) Issue Identification and Resolution.--
          (1) Issue resolution.--Section 139(h) of title 23, United 
        States Code, is amended--
                  (A) by redesignating paragraphs (4) through (7) as 
                paragraphs (5) through (8), respectively; and
                  (B) by inserting after paragraph (3) the following:
          ``(4) Issue resolution.--Any issue resolved by the lead 
        agency and participating agencies may not be reconsidered 
        unless significant new information or circumstances arise.''.
          (2) Failure to assure.--Section 139(h)(5)(C) of title 23, 
        United States Code, (as redesignated by paragraph (1)(A) of 
        this subsection) is amended by striking ``paragraph (5) and'' 
        and inserting ``paragraph (6)''.
          (3) Accelerated issue resolution and referral.--Section 
        139(h)(6) of title 23, United States Code, (as redesignated by 
        paragraph (1)(A) of this subsection) is amended by striking 
        subparagraph (C) and inserting the following:
                  ``(C) Referral to council on environmental quality.--
                          ``(i) In general.--If issue resolution for a 
                        project is not achieved on or before the 30th 
                        day after the date of a meeting under 
                        subparagraph (B), the Secretary shall refer the 
                        matter to the Council on Environmental Quality.
                          ``(ii) Meeting.--Not later than 30 days after 
                        the date of receipt of a referral from the 
                        Secretary under clause (i), the Council on 
                        Environmental Quality shall hold an issue 
                        resolution meeting with--
                                  ``(I) the head of the lead agency;
                                  ``(II) the heads of relevant 
                                participating agencies; and
                                  ``(III) the project sponsor 
                                (including the Governor only if the 
                                initial issue resolution meeting 
                                request came from the Governor).
                          ``(iii) Resolution.--The Council on 
                        Environmental Quality shall work with the lead 
                        agency, relevant participating agencies, and 
                        the project sponsor until all issues are 
                        resolved.''.
          (4) Financial penalty provisions.--Section 139(h)(7)(B)(i)(I) 
        of title 23, United States Code, (as redesignated by paragraph 
        (1)(A) of this subsection) is amended by striking ``under 
        section 106(i) is required'' and inserting ``is required under 
        subsection (h) or (i) of section 106''.
  (i) Assistance to Affected State and Federal Agencies.--
          (1) In general.--Section 139(j)(1) of title 23, United States 
        Code, is amended to read as follows:
          ``(1) In general.--
                  ``(A) Authority to provide funds.--The Secretary may 
                allow a public entity receiving financial assistance 
                from the Department of Transportation under this title 
                or chapter 53 of title 49 to provide funds to Federal 
                agencies (including the Department), State agencies, 
                and Indian tribes participating in the environmental 
                review process for the project or program.
                  ``(B) Use of funds.--Funds referred to in 
                subparagraph (A) may be provided only to support 
                activities that directly and meaningfully contribute to 
                expediting and improving permitting and review 
                processes, including planning, approval, and 
                consultation processes for the project or program.''.
          (2) Activities eligible for funding.--Section 139(j)(2) of 
        title 23, United States Code, is amended by inserting 
        ``activities directly related to the environmental review 
        process,'' before ``dedicated staffing,''.
          (3) Agreement.--Section 139(j)(6) of title 23, United States 
        Code, is amended to read as follows:
          ``(6) Agreement.--Prior to providing funds approved by the 
        Secretary for dedicated staffing at an affected agency under 
        paragraphs (1) and (2), the affected agency and the requesting 
        public entity shall enter into an agreement that establishes 
        the projects and priorities to be addressed by the use of the 
        funds.''.
  (j) Implementation of Programmatic Compliance.--
          (1) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall complete a 
        rulemaking to implement the provisions of section 139(b)(3) of 
        title 23, United States Code, as amended by this section.
          (2) Consultation.--Before initiating the rulemaking under 
        paragraph (1), the Secretary shall consult with relevant 
        Federal agencies, relevant State resource agencies, State 
        departments of transportation, Indian tribes, and the public on 
        the appropriate use and scope of the programmatic approaches.
          (3) Requirements.--In carrying out this subsection, the 
        Secretary shall ensure that the rulemaking meets the 
        requirements of section 139(b)(3)(B) of title 23, United States 
        Code, as amended by this section.
          (4) Comment period.--The Secretary shall--
                  (A) allow not fewer than 60 days for public notice 
                and comment on the proposed rule; and
                  (B) address any comments received under this 
                subsection.

SEC. 1306. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.

  (a) In General.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall--
          (1) maintain and use a searchable Internet Web site--
                  (A) to make publicly available the status and 
                progress of projects, as defined in section 139 of 
                title 23, United States Code, requiring an 
                environmental assessment or an environmental impact 
                statement with respect to compliance with applicable 
                requirements of the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) and any other Federal, 
                State, or local approval required for such projects; 
                and
                  (B) to make publicly available the names of 
                participating agencies not participating in the 
                development of a project purpose and need and range of 
                alternatives under section 139(f) of title 23, United 
                States Code; and
          (2) in coordination with agencies described in subsection (b) 
        and State agencies, issue reporting standards to meet the 
        requirements of paragraph (1).
  (b) Federal, State, and Local Agency Participation.--A Federal, 
State, or local agency participating in the environmental review or 
permitting process for a project, as defined in section 139 of title 
23, United States Code, shall provide to the Secretary information 
regarding the status and progress of the approval of the project for 
publication on the Internet Web site maintained under subsection (a), 
consistent with the standards established under subsection (a).
  (c) States With Delegated Authority.--A State with delegated 
authority for responsibilities under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327 of title 
23, United States Code, shall be responsible for supplying project 
development and compliance status to the Secretary for all applicable 
projects.

SEC. 1307. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

  (a) Definitions.--Section 168(a) of title 23, United States Code, is 
amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Environmental review process.--The term `environmental 
        review process' has the meaning given that term in section 
        139(a).'';
          (2) by redesignating paragraphs (2) through (4) as paragraphs 
        (3) through (5), respectively;
          (3) by inserting after paragraph (1) the following:
          ``(2) Lead agency.--The term `lead agency' has the meaning 
        given that term in section 139(a).''; and
          (4) by striking paragraph (3) (as redesignated by paragraph 
        (2) of this subsection) and inserting the following:
          ``(3) Planning product.--The term `planning product' means a 
        decision, analysis, study, or other documented information that 
        is the result of an evaluation or decisionmaking process 
        carried out by a metropolitan planning organization or a State, 
        as appropriate, during metropolitan or statewide transportation 
        planning under section 134 or section 135, respectively.''.
  (b) Adoption of Planning Products for Use in NEPA Proceedings.--
Section 168(b) of title 23, United States Code, is amended--
          (1) in the subsection heading by inserting ``or Incorporation 
        by Reference'' after ``Adoption'';
          (2) in paragraph (1) by striking ``the Federal lead agency 
        for a project may adopt'' and inserting ``and to the maximum 
        extent practicable and appropriate, the lead agency for a 
        project may adopt or incorporate by reference'';
          (3) by striking paragraph (2) and redesignating paragraphs 
        (3) and (4) as paragraphs (2) and (3), respectively;
          (4) by striking paragraph (2) (as so redesignated) and 
        inserting the following:
          ``(2) Partial adoption or incorporation by reference of 
        planning products.--The lead agency may adopt or incorporate by 
        reference a planning product under paragraph (1) in its 
        entirety or may select portions for adoption or incorporation 
        by reference.''; and
          (5) in paragraph (3) (as so redesignated) by inserting ``or 
        incorporation by reference'' after ``adoption''.
  (c) Applicability.--
          (1) Planning decisions.--Section 168(c)(1) of title 23, 
        United States Code, is amended--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``adopted'' and inserting ``adopted or 
                incorporated by reference by the lead agency'';
                  (B) by redesignating subparagraphs (A) through (E) as 
                subparagraphs (B) through (F), respectively;
                  (C) by inserting before subparagraph (B) (as so 
                redesignated) the following:
                  ``(A) the project purpose and need;'';
                  (D) by striking subparagraph (B) (as so redesignated) 
                and inserting the following:
                  ``(B) the preliminary screening of alternatives and 
                elimination of unreasonable alternatives;'';
                  (E) in subparagraph (C) (as so redesignated) by 
                inserting ``and general travel corridor'' after ``modal 
                choice'';
                  (F) in subparagraph (E) (as so redesignated) by 
                striking ``and'' at the end;
                  (G) in subparagraph (F) (as so redesignated)--
                          (i) in the matter preceding clause (i) by 
                        striking ``potential impacts'' and all that 
                        follows through ``resource agencies,'' and 
                        inserting ``potential impacts of a project, 
                        including a programmatic mitigation plan 
                        developed in accordance with section 169, that 
                        the lead agency''; and
                          (ii) in clause (ii) by striking the period at 
                        the end and inserting ``; and''; and
                  (H) by adding at the end the following:
                  ``(G) whether tolling, private financial assistance, 
                or other special financial measures are necessary to 
                implement the project.''.
          (2) Planning analyses.--Section 168(c)(2) of title 23, United 
        States Code, is amended--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``adopted'' and inserting ``adopted or 
                incorporated by reference by the lead agency'';
                  (B) in subparagraph (G)--
                          (i) by inserting ``direct, indirect, and'' 
                        before ``cumulative effects''; and
                          (ii) by striking ``, identified as a result 
                        of a statewide or regional cumulative effects 
                        assessment''; and
                  (C) in subparagraph (H)--
                          (i) by striking ``proposed action'' and 
                        inserting ``proposed project''; and
                          (ii) by striking ``Federal lead agency'' and 
                        inserting ``lead agency''.
  (d) Conditions.--Section 168(d) of title 23, United States Code, is 
amended--
          (1) in the matter preceding paragraph (1) by striking 
        ``Adoption and use'' and all that follows through ``Federal 
        lead agency, that'' and inserting ``The lead agency in the 
        environmental review process may adopt or incorporate by 
        reference and use a planning product under this section if the 
        lead agency determines that'';
          (2) in paragraph (2) by striking ``by engaging in active 
        consultation'' and inserting ``in consultation'';
          (3) by striking paragraphs (4) and (5) and inserting the 
        following:
          ``(4) The planning process included public notice that the 
        planning products may be adopted or incorporated by reference 
        during a subsequent environmental review process in accordance 
        with this section.
          ``(5) During the environmental review process, but prior to 
        determining whether to rely on and use the planning product, 
        the lead agency has--
                  ``(A) made the planning documents available for 
                review and comment by members of the general public and 
                Federal, State, local, and tribal governments that may 
                have an interest in the proposed action;
                  ``(B) provided notice of the lead agency's intent to 
                adopt the planning product or incorporate the planning 
                product by reference; and
                  ``(C) considered any resulting comments.'';
          (4) in paragraph (9)--
                  (A) by inserting ``or incorporation by reference'' 
                after ``adoption''; and
                  (B) by inserting ``and is sufficient to meet the 
                requirements of the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.)'' after ``for the 
                project''; and
          (5) in paragraph (10) by striking ``not later than 5 years 
        prior to date on which the information is adopted'' and 
        inserting ``within the 5-year period ending on the date on 
        which the information is adopted or incorporated by 
        reference''.
  (e) Effect of Adoption or Incorporation by Reference.--Section 168(e) 
of title 23, United States Code, is amended--
          (1) in the subsection heading by inserting ``or Incorporation 
        by Reference'' after ``Adoption''; and
          (2) by striking ``adopted by the Federal lead agency'' and 
        inserting ``adopted or incorporated by reference by the lead 
        agency''.

SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

  Section 169(f) of title 23, United States Code, is amended by 
striking ``may use'' and inserting ``shall give substantial weight 
to''.

SEC. 1309. DELEGATION OF AUTHORITIES.

  (a) In General.--The Secretary shall use the authority under section 
106(c) of title 23, United States Code, to the maximum extent 
practicable, to delegate responsibility to the States for project 
design, plans, specifications, estimates, contract awards, and 
inspection of projects, on both a project-specific and programmatic 
basis.
  (b) Submission of Recommendations.--Not later than 18 months after 
the date of enactment of this Act, the Secretary, in cooperation with 
the States, shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate recommendations for 
legislation to permit the delegation of additional authorities to the 
States, including with respect to real estate acquisition and project 
design.

SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
                    ASSISTANCE.

  (a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 U.S.C. 109 
note) is amended--
          (1) in paragraph (1)(A) by inserting ``(as adjusted annually 
        by the Secretary to reflect any increases in the Consumer Price 
        Index prepared by the Department of Labor)'' after 
        ``$5,000,000''; and
          (2) in paragraph (1)(B) by inserting ``(as adjusted annually 
        by the Secretary to reflect any increases in the Consumer Price 
        Index prepared by the Department of Labor)'' after 
        ``$30,000,000''.
  (b) Retroactive Application.--The first adjustment made pursuant to 
the amendments made by subsection (a) shall--
          (1) be carried out not later than 60 days after the date of 
        enactment of this Act; and
          (2) reflect the increase in the Consumer Price Index since 
        July 1, 2012.

SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL 
                    PROJECTS.

  Section 304 of title 49, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``operating authority that'' 
                        and inserting ``operating administration or 
                        secretarial office that has expertise but''; 
                        and
                          (ii) by inserting ``proposed multimodal'' 
                        after ``with respect to a''; and
                  (B) by striking paragraph (2) and inserting the 
                following:
          ``(2) Lead authority.--The term `lead authority' means a 
        Department of Transportation operating administration or 
        secretarial office that has the lead responsibility for 
        compliance with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal 
        project.'';
          (2) in subsection (b) by inserting ``or title 23'' after 
        ``under this title'';
          (3) by striking subsection (c) and inserting the following:
  ``(c) Application of Categorical Exclusions for Multimodal 
Projects.--In considering the environmental impacts of a proposed 
multimodal project, a lead authority may apply categorical exclusions 
designated under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in implementing regulations or procedures of a 
cooperating authority for a proposed multimodal project, subject to the 
conditions that--
          ``(1) the lead authority makes a determination, with the 
        concurrence of the cooperating authority--
                  ``(A) on the applicability of a categorical exclusion 
                to a proposed multimodal project; and
                  ``(B) that the project satisfies the conditions for a 
                categorical exclusion under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this 
                section;
          ``(2) the lead authority follows the cooperating authority's 
        implementing regulations or procedures under such Act; and
          ``(3) the lead authority determines that--
                  ``(A) the proposed multimodal project does not 
                individually or cumulatively have a significant impact 
                on the environment; and
                  ``(B) extraordinary circumstances do not exist that 
                merit additional analysis and documentation in an 
                environmental impact statement or environmental 
                assessment required under such Act.''; and
          (4) by striking subsection (d) and inserting the following:
  ``(d) Cooperating Authority Expertise.--A cooperating authority shall 
provide expertise to the lead authority on aspects of the multimodal 
project in which the cooperating authority has expertise.''.

SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

  Section 327 of title 23, United States Code, is amended--
          (1) in subsection (a)(2)(B)(iii) by striking ``(42 U.S.C. 13 
        4321 et seq.)'' and inserting ``(42 U.S.C. 4321 et seq.)'';
          (2) in subsection (c)(4) by inserting ``reasonably'' before 
        ``considers necessary'';
          (3) in subsection (e) by inserting ``and without further 
        approval of'' after ``in lieu of'';
          (4) in subsection (g)--
                  (A) by striking paragraph (1) and inserting the 
                following:
          ``(1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (a)(2)), for each 
        State participating in the program under this section, the 
        Secretary shall--
                  ``(A) not later than 6 months after execution of the 
                agreement, meet with the State to review implementation 
                of the agreement and discuss plans for the first annual 
                audit;
                  ``(B) conduct annual audits during each of the first 
                4 years of State participation; and
                  ``(C) ensure that the time period for completing an 
                annual audit, from initiation to completion (including 
                public comment and responses to those comments), does 
                not exceed 180 days.''; and
                  (B) by adding at the end the following:
          ``(3) Audit team.--An audit conducted under paragraph (1) 
        shall be carried out by an audit team determined by the 
        Secretary, in consultation with the State. Such consultation 
        shall include a reasonable opportunity for the State to review 
        and provide comments on the proposed members of the audit 
        team.''; and
          (5) by adding at the end the following:
  ``(k) Capacity Building.--The Secretary, in cooperation with 
representatives of State officials, may carry out education, training, 
peer-exchange, and other initiatives as appropriate--
          ``(1) to assist States in developing the capacity to 
        participate in the assignment program under this section; and
          ``(2) to promote information sharing and collaboration among 
        States that are participating in the assignment program under 
        this section.
  ``(l) Relationship to Locally Administered Projects.--A State granted 
authority under this section may, as appropriate and at the request of 
a local government--
          ``(1) exercise such authority on behalf of the local 
        government for a locally administered project; or
          ``(2) provide guidance and training on consolidating and 
        minimizing the documentation and environmental analyses 
        necessary for sponsors of a locally administered project to 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and any comparable requirements under 
        State law.''.

SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL 
                    REVIEWS.

  (a) Purpose.--The purpose of this section is to eliminate duplication 
of environmental reviews and approvals under State and Federal laws.
  (b) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 330. Program for eliminating duplication of environmental 
                    reviews

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall establish a pilot 
        program to authorize States that are approved to participate in 
        the program to conduct environmental reviews and make approvals 
        for projects under State environmental laws and regulations 
        instead of Federal environmental laws and regulations, 
        consistent with the requirements of this section.
          ``(2) Participating states.--The Secretary may select not 
        more than 5 States to participate in the program.
          ``(3) Alternative review and approval procedures.--In this 
        section, the term `alternative environmental review and 
        approval procedures' means--
                  ``(A) substitution of 1 or more State environmental 
                laws for--
                          ``(i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                          ``(ii) such provisions of sections 109(h), 
                        128, and 139 related to the application of that 
                        Act that are under the authority of the 
                        Secretary, as the Secretary, in consultation 
                        with the State, considers appropriate; and
                          ``(iii) related regulations and Executive 
                        orders; and
                  ``(B) substitution of 1 or more State environmental 
                regulations for--
                          ``(i) the National Environmental Policy Act 
                        of 1969;
                          ``(ii) such provisions of sections 109(h), 
                        128, and 139 related to the application of that 
                        Act that are under the authority of the 
                        Secretary, as the Secretary, in consultation 
                        with the State, considers appropriate; and
                          ``(iii) related regulations and Executive 
                        orders.
  ``(b) Application.--To be eligible to participate in the program, a 
State shall submit to the Secretary an application containing such 
information as the Secretary may require, including--
          ``(1) a full and complete description of the proposed 
        alternative environmental review and approval procedures of the 
        State;
          ``(2) each Federal law described in subsection (a)(3) that 
        the State is seeking to substitute;
          ``(3) each State law and regulation that the State intends to 
        substitute for such Federal law, Federal regulation, or 
        Executive order;
          ``(4) an explanation of the basis for concluding that the 
        State law or regulation is substantially equivalent to the 
        Federal law described in subsection (a)(3);
          ``(5) a description of the projects or classes of projects 
        for which the State anticipates exercising the authority that 
        may be granted under the program;
          ``(6) verification that the State has the financial resources 
        necessary to carry out the authority that may be granted under 
        the program;
          ``(7) evidence of having sought, received, and addressed 
        comments on the proposed application from the public; and
          ``(8) any such additional information as the Secretary, or, 
        with respect to section (d)(1)(A), the Secretary in 
        consultation with the Chair, may require.
  ``(c) Review of Application.--In accordance with subsection (d), the 
Secretary shall--
          ``(1) review an application submitted under subsection (b);
          ``(2) approve or disapprove the application not later than 90 
        days after the date of receipt of the application; and
          ``(3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons for the 
        approval or disapproval.
  ``(d) Approval of Application.--
          ``(1) In general.--The Secretary shall approve an application 
        submitted under subsection (b) only if--
                  ``(A) the Secretary, with the concurrence of the 
                Chair, determines that the laws and regulations of the 
                State described in the application are substantially 
                equivalent to the Federal laws that the State is 
                seeking to substitute;
                  ``(B) the Secretary determines that the State has the 
                capacity, including financial and personnel, to assume 
                the responsibility; and
                  ``(C) the State has executed an agreement with the 
                Secretary, in accordance with section 327, providing 
                for environmental review, consultation, or other action 
                under Federal environmental laws pertaining to the 
                review or approval of a specific project.
          ``(2) Exclusion.--The National Environmental Policy Act of 
        1969 shall not apply to a decision by the Secretary to approve 
        or disapprove an application submitted under this section.
  ``(e) Judicial Review.--
          ``(1) In general.--The United States district courts shall 
        have exclusive jurisdiction over any civil action against a 
        State--
                  ``(A) for failure of the State to meet the 
                requirements of this section; or
                  ``(B) if the action involves the exercise of 
                authority by the State under this section and section 
                327.
          ``(2) State jurisdiction.--A State court shall have exclusive 
        jurisdiction over any civil action against a State if the 
        action involves the exercise of authority by the State under 
        this section not covered by paragraph (1).
  ``(f) Election.--At its discretion, a State participating in the 
programs under this section and section 327 may elect to apply the 
National Environmental Protection Act of 1969 instead of the State's 
alternative environmental review and approval procedures.
  ``(g) Treatment of State Laws and Regulations.--To the maximum extent 
practicable and consistent with Federal law, other Federal agencies 
with authority over a project subject to this section shall use 
documents produced by a participating State under this section to 
satisfy the requirements of the National Environmental Policy Act of 
1969.
  ``(h) Relationship to Locally Administered Projects.--
          ``(1) In general.--A State with an approved program under 
        this section, at the request of a local government, may 
        exercise authority under that program on behalf of up to 10 
        local governments for locally administered projects.
          ``(2) Scope.--For up to 10 local governments selected by a 
        State with an approved program under this section, the State 
        shall be responsible for ensuring that any environmental 
        review, consultation, or other action required under the 
        National Environmental Policy Act of 1969 or the State program, 
        or both, meets the requirements of such Act or program.
  ``(i) Review and Termination.--
          ``(1) In general.--A State program approved under this 
        section shall at all times be in accordance with the 
        requirements of this section.
          ``(2) Review.--The Secretary shall review each State program 
        approved under this section not less than once every 5 years.
          ``(3) Public notice and comment.--In conducting the review 
        process under paragraph (2), the Secretary shall provide notice 
        and an opportunity for public comment.
          ``(4) Withdrawal of approval.--If the Secretary, in 
        consultation with the Chair, determines at any time that a 
        State is not administering a State program approved under this 
        section in accordance with the requirements of this section, 
        the Secretary shall so notify the State, and if appropriate 
        corrective action is not taken within a reasonable time, not to 
        exceed 90 days, the Secretary shall withdraw approval of the 
        State program.
          ``(5) Extensions and terminations.--At the conclusion of the 
        review process under paragraph (2), the Secretary may extend 
        for an additional 5-year period or terminate the authority of a 
        State under this section to substitute that State's laws and 
        regulations for Federal laws.
  ``(j) Report to Congress.--Not later than 2 years after the date of 
enactment of this section, and annually thereafter, the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report that describes the administration of the 
program, including--
          ``(1) the number of States participating in the program;
          ``(2) the number and types of projects for which each State 
        participating in the program has used alternative environmental 
        review and approval procedures; and
          ``(3) any recommendations for modifications to the program.
  ``(k) Definitions.--In this section, the following definitions apply:
          ``(1) Chair.--The term `Chair' means the Chair of the Council 
        on Environmental Quality.
          ``(2) Multimodal project.--The term `multimodal project' has 
        the meaning given that term in section 139(a).
          ``(3) Program.--The term `program' means the pilot program 
        established under this section.
          ``(4) Project.--The term `project' means--
                  ``(A) a project requiring approval under this title, 
                chapter 53 of subtitle III of title 49, or subtitle V 
                of title 49; and
                  ``(B) a multimodal project.''.
  (c) Rulemaking.--
          (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Chair of the Council on Environmental 
        Quality, shall promulgate regulations to implement the 
        requirements of section 330 of title 23, United States Code, as 
        added by this section.
          (2) Determination of substantially equivalent.--As part of 
        the rulemaking required under this subsection, the Chair 
        shall--
                  (A) establish the criteria necessary to determine 
                that a State law or regulation is substantially 
                equivalent to a Federal law described in section 
                330(a)(3) of title 23, United States Code;
                  (B) ensure that such criteria, at a minimum--
                          (i) provide for protection of the 
                        environment;
                          (ii) provide opportunity for public 
                        participation and comment, including access to 
                        the documentation necessary to review the 
                        potential impact of a project; and
                          (iii) ensure a consistent review of projects 
                        that would otherwise have been covered under 
                        Federal law.
  (d) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:

``330. Program for eliminating duplication of environmental reviews.''.

SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT DELIVERY.

  (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall assess 
the progress made under this Act, MAP-21 (Public Law 112-141), and 
SAFETEA-LU (Public Law 109-59), including the amendments made by those 
Acts, to accelerate the delivery of Federal-aid highway and highway 
safety construction projects and public transportation capital projects 
by streamlining the environmental review and permitting process.
  (b) Contents.--The assessment required under subsection (a) shall 
evaluate--
          (1) how often the various streamlining provisions have been 
        used;
          (2) which of the streamlining provisions have had the 
        greatest impact on streamlining the environmental review and 
        permitting process;
          (3) what, if any, impact streamlining of the process has had 
        on environmental protection;
          (4) how, and the extent to which, streamlining provisions 
        have improved and accelerated the process for permitting under 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable Federal laws;
          (5) what impact actions by the Council on Environmental 
        Quality have had on accelerating Federal-aid highway and 
        highway safety construction projects and public transportation 
        capital projects;
          (6) the number and percentage of projects that proceed under 
        a traditional environmental assessment or environmental impact 
        statement, and the number and percentage of projects that 
        proceed under categorical exclusions;
          (7) the extent to which the environmental review and 
        permitting process remains a significant source of project 
        delay and the sources of delays; and
          (8) the costs of conducting environmental reviews and issuing 
        permits or licenses for a project, including the cost of 
        contractors and dedicated agency staff.
  (c) Recommendations.--The assessment required under subsection (a) 
shall include recommendations with respect to--
          (1) additional opportunities for streamlining the 
        environmental review process, including regulatory or statutory 
        changes to accelerate the processes of Federal agencies (other 
        than the Department) with responsibility for reviewing Federal-
        aid highway and highway safety construction projects and public 
        transportation capital projects without negatively impacting 
        the environment; and
          (2) best practices of other Federal agencies that should be 
        considered for adoption by the Department.
  (d) Report to Congress.--The Comptroller General of the United States 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing the assessment and 
recommendations required under this section.

SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN 
                    ENVIRONMENTAL REVIEWS.

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

``Sec. 307. Improving State and Federal agency engagement in 
                    environmental reviews

  ``(a) In General.--
          ``(1) Requests to provide funds.--A public entity receiving 
        financial assistance from the Department of Transportation for 
        1 or more projects, or for a program of projects, for a public 
        purpose may request that the Secretary allow the public entity 
        to provide funds to Federal agencies, including the Department, 
        State agencies, and Indian tribes participating in the 
        environmental planning and review process for the project, 
        projects, or program.
          ``(2) Use of funds.--The funds may be provided only to 
        support activities that directly and meaningfully contribute to 
        expediting and improving permitting and review processes, 
        including planning, approval, and consultation processes for 
        the project, projects, or program.
  ``(b) Activities Eligible for Funding.--Activities for which funds 
may be provided under subsection (a) include transportation planning 
activities that precede the initiation of the environmental review 
process, activities directly related to the environmental review 
process, dedicated staffing, training of agency personnel, information 
gathering and mapping, and development of programmatic agreements.
  ``(c) Amounts.--Requests under subsection (a) may be approved only 
for the additional amounts that the Secretary determines are necessary 
for the Federal agencies, State agencies, or Indian tribes 
participating in the environmental review process to timely conduct 
their review.
  ``(d) Agreements.--Prior to providing funds approved by the Secretary 
for dedicated staffing at an affected Federal agency under subsection 
(a), the affected Federal agency and the requesting public entity shall 
enter into an agreement that establishes a process to identify projects 
or priorities to be addressed by the use of the funds.
  ``(e) Rulemaking.--
          ``(1) In general.--Not later than 180 days after the date of 
        enactment of this section, the Secretary shall initiate a 
        rulemaking to implement this section.
          ``(2) Factors.--As part of the rulemaking carried out under 
        paragraph (1), the Secretary shall ensure--
                  ``(A) to the maximum extent practicable, that 
                expediting and improving the process of environmental 
                review and permitting through the use of funds accepted 
                and expended under this section does not adversely 
                affect the timeline for review and permitting by 
                Federal agencies, State agencies, or Indian tribes of 
                other entities that have not contributed funds under 
                this section;
                  ``(B) that the use of funds accepted under this 
                section will not impact impartial decisionmaking with 
                respect to environmental reviews or permits, either 
                substantively or procedurally; and
                  ``(C) that the Secretary maintains, and makes 
                publicly available, including on the Internet, a list 
                of projects or programs for which such review or 
                permits have been carried out using funds authorized 
                under this section.
  ``(f) Existing Authority.--Nothing in this section may be construed 
to conflict with section 139(j) of title 23.''.
  (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 306 the following:

``307. Improving State and Federal agency engagement in environmental 
reviews.''.

SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.

  (a) In General.--Title 49, United States Code, is amended by 
inserting after section 304 the following:

``Sec. 304a. Accelerated decisionmaking in environmental reviews

  ``(a) In General.--In preparing a final environmental impact 
statement under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), if the lead agency modifies the statement in 
response to comments that are minor and are confined to factual 
corrections or explanations of why the comments do not warrant 
additional agency response, the lead agency may write on errata sheets 
attached to the statement, instead of rewriting the draft statement, 
subject to the condition that the errata sheets--
          ``(1) cite the sources, authorities, and reasons that support 
        the position of the agency; and
          ``(2) if appropriate, indicate the circumstances that would 
        trigger agency reappraisal or further response.
  ``(b) Single Document.--To the maximum extent practicable, the lead 
agency shall expeditiously develop a single document that consists of a 
final environmental impact statement and a record of decision, unless--
          ``(1) the final environmental impact statement makes 
        substantial changes to the proposed action that are relevant to 
        environmental or safety concerns; or
          ``(2) there is a significant new circumstance or information 
        relevant to environmental concerns that bears on the proposed 
        action or the impacts of the proposed action.
  ``(c) Adoption of Documents.--
          ``(1) Avoiding duplication.--To prevent duplication of 
        analyses and support expeditious and efficient decisions, the 
        operating administrations of the Department of Transportation 
        shall use adoption and incorporation by reference in accordance 
        with this paragraph.
          ``(2) Adoption of documents of other operating 
        administrations.--An operating administration or a secretarial 
        office within the Department of Transportation may adopt a 
        draft environmental impact statement, an environmental 
        assessment, or a final environmental impact statement of 
        another operating administration for the adopting operating 
        administration's use when preparing an environmental assessment 
        or final environmental impact statement for a project without 
        recirculating the document for public review, if--
                  ``(A) the adopting operating administration certifies 
                that its proposed action is substantially the same as 
                the project considered in the document to be adopted;
                  ``(B) the other operating administration concurs with 
                such decision; and
                  ``(C) such actions are consistent with the 
                requirements of the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.).
          ``(3) Incorporation by reference.--An operating 
        administration or secretarial office within the Department of 
        Transportation may incorporate by reference all or portions of 
        a draft environmental impact statement, an environmental 
        assessment, or a final environmental impact statement for the 
        adopting operating administration's use when preparing an 
        environmental assessment or final environmental impact 
        statement for a project if--
                  ``(A) the incorporated material is cited in the 
                environmental assessment or final environmental impact 
                statement and the contents of the incorporated material 
                is briefly described;
                  ``(B) the incorporated material is reasonably 
                available for inspection by potentially interested 
                persons within the time allowed for review and comment; 
                and
                  ``(C) the incorporated material does not include 
                proprietary data that is not available for review and 
                comment.''.
  (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 304 the following:

``304a. Accelerated decisionmaking in environmental reviews.''.

SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.

  (a) In General.--Title 49, United States Code, is amended by 
inserting after section 309 the following:

``Sec. 310. Aligning Federal environmental reviews

  ``(a) Coordinated and Concurrent Environmental Reviews.--Not later 
than 1 year after the date of enactment of this section, the Department 
of Transportation, in coordination with the heads of Federal agencies 
likely to have substantive review or approval responsibilities under 
Federal law, shall develop a coordinated and concurrent environmental 
review and permitting process for transportation projects when 
initiating an environmental impact statement under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this 
section referred to as `NEPA').
  ``(b) Contents.--The coordinated and concurrent environmental review 
and permitting process shall--
          ``(1) ensure that the Department and agencies of jurisdiction 
        possess sufficient information early in the review process to 
        determine a statement of a transportation project's purpose and 
        need and range of alternatives for analysis that the lead 
        agency and agencies of jurisdiction will rely on for concurrent 
        environmental reviews and permitting decisions required for the 
        proposed project;
          ``(2) achieve early concurrence or issue resolution during 
        the NEPA scoping process on the Department of Transportation's 
        statement of a project's purpose and need, and during 
        development of the environmental impact statement on the range 
        of alternatives for analysis, that the lead agency and agencies 
        of jurisdiction will rely on for concurrent environmental 
        reviews and permitting decisions required for the proposed 
        project absent circumstances that require reconsideration in 
        order to meet an agency of jurisdiction's obligations under a 
        statute or Executive order; and
          ``(3) achieve concurrence or issue resolution in an expedited 
        manner if circumstances arise that require a reconsideration of 
        the purpose and need or range of alternatives considered during 
        any Federal agency's environmental or permitting review in 
        order to meet an agency of jurisdiction's obligations under a 
        statute or Executive order.
  ``(c) Environmental Checklist.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary of Transportation and 
        Federal agencies of jurisdiction likely to have substantive 
        review or approval responsibilities on transportation projects 
        shall jointly develop a checklist to help project sponsors 
        identify potential natural, cultural, and historic resources in 
        the area of a proposed project.
          ``(2) Purpose.--The purpose of the checklist shall be to--
                  ``(A) identify agencies of jurisdiction and 
                cooperating agencies;
                  ``(B) develop the information needed for the purpose 
                and need and alternatives for analysis; and
                  ``(C) improve interagency collaboration to help 
                expedite the permitting process for the lead agency and 
                agencies of jurisdiction.
  ``(d) Interagency Collaboration.--
          ``(1) In general.--Consistent with Federal environmental 
        statutes, the Secretary shall facilitate annual interagency 
        collaboration sessions at the appropriate jurisdictional level 
        to coordinate business plans and facilitate coordination of 
        workload planning and workforce management.
          ``(2) Purpose of collaboration sessions.--The interagency 
        collaboration sessions shall ensure that agency staff is--
                  ``(A) fully engaged;
                  ``(B) utilizing the flexibility of existing 
                regulations, policies, and guidance; and
                  ``(C) identifying additional actions to facilitate 
                high quality, efficient, and targeted environmental 
                reviews and permitting decisions.
          ``(3) Focus of collaboration sessions.--The interagency 
        collaboration sessions, and the interagency collaborations 
        generated by the sessions, shall focus on methods to--
                  ``(A) work with State and local transportation 
                entities to improve project planning, siting, and 
                application quality; and
                  ``(B) consult and coordinate with relevant 
                stakeholders and Federal, tribal, State, and local 
                representatives early in permitting processes.
  ``(e) Performance Measurement.--Not later than 1 year after the date 
of enactment of this section, the Secretary, in coordination with 
relevant Federal agencies, shall establish a program to measure and 
report on progress towards aligning Federal reviews as outlined in this 
section.''.
  (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 309 the following:

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

                       Subtitle D--Miscellaneous

SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND 
                    REHABILITATION.

  (a) Tolling.--Section 129(a) of title 23, United States Code, is 
amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (B) by striking ``, bridge, or 
                tunnel'' each place it appears;
                  (B) in subparagraph (C) by striking ``, bridge, or 
                tunnel'' each place it appears;
                  (C) by striking subparagraph (G);
                  (D) by redesignating subparagraphs (H) and (I) as 
                subparagraphs (G) and (H); and
                  (E) in subparagraph (G) as redesignated--
                          (i) by inserting ``(HOV)'' after ``high 
                        occupancy vehicle''; and
                          (ii) by inserting ``under section 166 of this 
                        title'' after ``facility'';
          (2) in paragraph (3)(A)--
                  (A) by striking ``shall use'' and inserting ``shall 
                ensure that''; and
                  (B) by inserting ``are used'' after ``toll facility'' 
                the second place it appears; and
          (3) by striking paragraph (4) and redesignating paragraphs 
        (5) through (10) as paragraphs (4) through (9), respectively.
  (b) HOV Facilities.--Section 166 of title 23, United States Code, is 
amended--
          (1) in subsection (a)(1)--
                  (A) by striking the paragraph heading and inserting 
                ``authority of public authorities''; and
                  (B) by striking ``State agency'' and inserting 
                ``public authority'';
          (2) in subsection (b)--
                  (A) by striking ``State agency'' each place it 
                appears and inserting ``public authority'';
                  (B) in paragraph (3)--
                          (i) by striking ``and'' at the end of 
                        subparagraph (A);
                          (ii) by striking the period at the end of 
                        subparagraph (B) and inserting ``; and''; and
                          (iii) by inserting at the end the following:
                  ``(C) provides equal access for all public 
                transportation vehicles and over-the-road buses.''; and
                  (C) in paragraph (5)--
                          (i) in subparagraph (A) by striking ``2017'' 
                        and inserting ``2021''; and
                          (ii) in subparagraph (B) by striking ``2017'' 
                        and inserting ``2021'';
          (3) in subsection (c)--
                  (A) by amending paragraph (1) to read as follows:
          ``(1) In general.--Notwithstanding section 301, tolls may be 
        charged under paragraphs (4) and (5) of subsection (b), subject 
        to the requirements of section 129.'';
                  (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
                  (C) by inserting after paragraph (2), as 
                redesignated, the following:
          ``(3) Exemption from tolls.--In levying tolls on a facility 
        under this section, a public authority may designate classes of 
        vehicles that are exempt from the tolls or charge different 
        toll rates for different classes of vehicles, if equal rates 
        are charged for all public transportation vehicles and over-
        the-road buses, whether publicly or privately owned.'';
          (4) in subsection (d)--
                  (A) by striking ``State agency'' each place it 
                appears and inserting ``public authority'';
                  (B) in paragraph (1)--
                          (i) by redesignating subparagraphs (D) and 
                        (E) as subparagraphs (E) and (F), respectively; 
                        and
                          (ii) by inserting after subparagraph (C) the 
                        following:
                  ``(D) Consultation of mpo.--If the facility is on the 
                Interstate System and located in a metropolitan 
                planning area established in accordance with section 
                134, consulting with the metropolitan planning 
                organization for the area concerning the placement and 
                amount of tolls on the facility.''; and
                          (iii) in subparagraph (F), as redesignated--
                                  (I) by striking ``State'' the first 
                                place it appears and inserting ``public 
                                authority''; and
                                  (II) by striking ``subparagraph (D)'' 
                                and inserting ``subparagraph (E)''; and
          (5) in subsection (f)--
                  (A) in paragraph (4)(B)(iii) by striking ``State 
                agency'' and inserting ``public authority''; and
                  (B) by striking paragraph (5) and inserting after 
                paragraph (4) the following:
          ``(5) Over-the-road bus.--The term `over-the-road bus' means 
        a vehicle as defined in section 301(5) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12181(5)).
          ``(6) Public authority.--The term `public authority' as used 
        with respect to a HOV facility, means a State, interstate 
        compact of States, public entity designated by a State, or 
        local government having jurisdiction over the operation of the 
        facility.''.
  (c) Interstate System Reconstruction and Rehabilitation Pilot 
Program.--Section 1216(b) of the Transportation Equity Act for the 21st 
Century (Public Law 105-178) is amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (D) by striking ``and'' at the 
                end;
                  (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(F) the State has approved enabling legislation 
                required for the project to proceed.'';
          (2) by redesignating paragraphs (6) through (8) as paragraphs 
        (8) through (10), respectively; and
          (3) by inserting after paragraph (5) the following:
          ``(6) Requirements for project completion.--
                  ``(A) General term for expiration of provisional 
                application.--An application provisionally approved by 
                the Secretary under this subsection shall expire 3 
                years after the date on which the application was 
                provisionally approved if the State has not--
                          ``(i) submitted a complete application to the 
                        Secretary that fully satisfies the eligibility 
                        criteria under paragraph (3) and the selection 
                        criteria under paragraph (4);
                          ``(ii) completed the environmental review and 
                        permitting process under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) for the pilot project; and
                          ``(iii) executed a toll agreement with the 
                        Secretary.
                  ``(B) Exceptions to expiration.--Notwithstanding 
                subparagraph (A), the Secretary may extend the 
                provisional approval for not more than 1 additional 
                year if the State demonstrates material progress toward 
                implementation of the project as evidenced by--
                          ``(i) substantial progress in completing the 
                        environmental review and permitting process for 
                        the pilot project under the National 
                        Environmental Policy Act of 1969;
                          ``(ii) funding and financing commitments for 
                        the pilot project;
                          ``(iii) expressions of support for the pilot 
                        project from State and local governments, 
                        community interests, and the public; and
                          ``(iv) submission of a facility management 
                        plan pursuant to paragraph (3)(D).
                  ``(C) Conditions for previously provisionally 
                approved applications.--A State with a provisionally 
                approved application for a pilot project as of the date 
                of enactment of the Surface Transportation 
                Reauthorization and Reform Act of 2015 shall have 1 
                year after such date of enactment to meet the 
                requirements of subparagraph (A) or receive an 
                extension from the Secretary under subparagraph (B), or 
                the application will expire.
          ``(7) Definition.--In this subsection, the term `provisional 
        approval' or `provisionally approved' means the approval by the 
        Secretary of a partial application under this subsection, 
        including the reservation of a slot in the pilot program.''.
  (d) Approval of Applications.--The Secretary may approve an 
application submitted under section 1604(c) of SAFETEA-LU (Public Law 
109-59; 119 Stat. 1253) if the application, or any part of the 
application, was submitted before the deadline specified in section 
1604(c)(8) of that Act.

SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC 
                    ENFORCEMENT.

  (a) Prohibition.--Except as provided in subsection (b), for fiscal 
years 2016 through 2021, funds apportioned to a State under section 
104(b)(3) of title 23, United States Code, may not be used to purchase, 
operate, or maintain an automated traffic enforcement system.
  (b) Exception.--Subsection (a) does not apply to an automated traffic 
enforcement system located in a school zone.
  (c) Automated Traffic Enforcement System Defined.--In this section, 
the term ``automated traffic enforcement system'' means any camera that 
captures an image of a vehicle for the purposes of traffic law 
enforcement.

SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
                    INTOXICATED OR DRIVING UNDER THE INFLUENCE.

  (a) In General.--Section 164(a)(4) of title 23, United States Code, 
is amended--
          (1) in the matter preceding subparagraph (A) by inserting ``, 
        or a combination of State laws,'' after ``a State law''; and
          (2) by striking subparagraph (A) and inserting the following:
                  ``(A) receive, for not less than 1 year--
                          ``(i) a suspension of all driving privileges;
                          ``(ii) a restriction on driving privileges 
                        that limits the individual to operating only 
                        motor vehicles with an ignition interlock 
                        system installed (allowing for limited 
                        exceptions for circumstances when the 
                        individual is required to operate an employer's 
                        motor vehicle in the course and scope of 
                        employment and the business entity that owns 
                        the vehicle is not owned or controlled by the 
                        individual); or
                          ``(iii) a combination of both clauses (i) and 
                        (ii);''.
  (b) Application.--The amendments made by this section shall apply 
with respect to fiscal years beginning after the date of enactment of 
this Act.

SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.

  (a) In General.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
  ``(g) Highway Trust Fund Transparency and Accountability Reports.--
          ``(1) Compilation of data.--The Secretary shall compile data 
        in accordance with this subsection on the use of Federal-aid 
        highway funds made available under this title.
          ``(2) Requirements.--The Secretary shall ensure that the 
        reports required under this subsection are made available in a 
        user-friendly manner on the public Internet Web site of the 
        Department and can be searched and downloaded by users of the 
        Web site.
          ``(3) Contents of reports.--
                  ``(A) Apportioned and allocated programs.--On a 
                semiannual basis, the Secretary shall make available a 
                report on funding apportioned and allocated to the 
                States under this title that describes--
                          ``(i) the amount of funding obligated by each 
                        State, year-to-date, for the current fiscal 
                        year;
                          ``(ii) the amount of funds remaining 
                        available for obligation by each State;
                          ``(iii) changes in the obligated, unexpended 
                        balance for each State, year-to-date, during 
                        the current fiscal year, including the 
                        obligated, unexpended balance at the end of the 
                        preceding fiscal year and current fiscal year 
                        expenditures;
                          ``(iv) the amount and program category of 
                        unobligated funding, year-to-date, available 
                        for expenditure at the discretion of the 
                        Secretary;
                          ``(v) the rates of obligation on and off the 
                        National Highway System, year-to-date, for the 
                        current fiscal year of funds apportioned, 
                        allocated, or set aside under this section, 
                        according to--
                                  ``(I) program;
                                  ``(II) funding category or 
                                subcategory;
                                  ``(III) type of improvement;
                                  ``(IV) State; and
                                  ``(V) sub-State geographical area, 
                                including urbanized and rural areas, on 
                                the basis of the population of each 
                                such area; and
                          ``(vi) the amount of funds transferred by 
                        each State, year-to-date, for the current 
                        fiscal year between programs under section 126.
                  ``(B) Project data.--On an annual basis, the 
                Secretary shall make available a report that, to the 
                maximum extent possible, provides project-specific data 
                describing--
                          ``(i) for all projects funded under this 
                        title (excluding projects for which funds are 
                        transferred to agencies other than the Federal 
                        Highway Administration)--
                                  ``(I) the specific location of the 
                                project;
                                  ``(II) the total cost of the project;
                                  ``(III) the amount of Federal funding 
                                obligated for the project;
                                  ``(IV) the program or programs from 
                                which Federal funds have been obligated 
                                for the project;
                                  ``(V) the type of improvement being 
                                made; and
                                  ``(VI) the ownership of the highway 
                                or bridge; and
                          ``(ii) for any project funded under this 
                        title (excluding projects for which funds are 
                        transferred to agencies other than the Federal 
                        Highway Administration) with an estimated total 
                        cost as of the start of construction in excess 
                        of $100,000,000, the data specified under 
                        clause (i) and additional data describing--
                                  ``(I) whether the project is located 
                                in an area of the State with a 
                                population of--
                                          ``(aa) less than 5,000 
                                        individuals;
                                          ``(bb) 5,000 or more 
                                        individuals but less than 
                                        50,000 individuals;
                                          ``(cc) 50,000 or more 
                                        individuals but less than 
                                        200,000 individuals; or
                                          ``(dd) 200,000 or more 
                                        individuals;
                                  ``(II) the estimated cost of the 
                                project as of the start of project 
                                construction, or the revised cost 
                                estimate based on a description of 
                                revisions to the scope of work or other 
                                factors affecting project cost other 
                                than cost overruns; and
                                  ``(III) the amount of non-Federal 
                                funds obligated for the project.''.
  (b) Conforming Amendment.--Section 1503 of MAP-21 (23 U.S.C. 104 
note; Public Law 112-141) is amended by striking subsection (c).

SEC. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) Identification of High Priority Corridors on National Highway 
System.--Section 1105(c) of the Intermodal Surface Transportation 
Efficiency Act of 1991 is amended--
          (1) by striking paragraph (13) and inserting the following:
          ``(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, 
        through Rocky Mount, Williamston, and Elizabeth City, North 
        Carolina, to Norfolk, Virginia.'';
          (2) in paragraph (18)(D)--
                  (A) in clause (ii) by striking ``and'' at the end;
                  (B) in clause (iii) by striking the period at the end 
                and inserting ``; and''; and
                  (C) by adding at the end the following:
                          ``(iv) include Texas State Highway 44 from 
                        United States Route 59 at Freer, Texas, to 
                        Texas State Highway 358.'';
          (3) by striking paragraph (68) and inserting the following:
          ``(68) The Washoe County Corridor and the Intermountain West 
        Corridor, which shall generally follow--
                  ``(A) for the Washoe County Corridor, along 
                Interstate Route 580/United States Route 95/United 
                States Route 95A from Reno, Nevada, to Las Vegas, 
                Nevada; and
                  ``(B) for the Intermountain West Corridor, from the 
                vicinity of Las Vegas, Nevada, north along United 
                States Route 95 terminating at Interstate Route 80.''; 
                and
          (4) by adding at the end the following:
          ``(81) United States Route 117/Interstate Route 795 from 
        United States Route 70 in Goldsboro, Wayne County, North 
        Carolina, to Interstate Route 40 west of Faison, Sampson 
        County, North Carolina.
          ``(82) United States Route 70 from its intersection with 
        Interstate Route 40 in Garner, Wake County, North Carolina, to 
        the Port at Morehead City, Carteret County, North Carolina.
          ``(83) The Sonoran Corridor along State Route 410 connecting 
        Interstate Route 19 and Interstate Route 10 south of the Tucson 
        International Airport.
          ``(84) The Central Texas Corridor commencing at the logical 
        terminus of Interstate Route 10, generally following portions 
        of United States Route 190 eastward, passing in the vicinity 
        Fort Hood, Killeen, Belton, Temple, Bryan, College Station, 
        Huntsville, Livingston, and Woodville, to the logical terminus 
        of Texas Highway 63 at the Sabine River Bridge at Burrs 
        Crossing.
          ``(85) Interstate Route 81 in New York from its intersection 
        with Interstate Route 86 to the United States-Canadian 
        border.''.
  (b) Inclusion of Certain Route Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface Transportation 
Efficiency Act of 1991 is amended--
          (1) by inserting ``subsection (c)(13),'' after ``subsection 
        (c)(9),'';
          (2) by striking ``subsections (c)(18)'' and all that follows 
        through ``subsection (c)(36)'' and inserting ``subsection 
        (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of 
        subsection (c)(26), subsection (c)(36)''; and
          (3) by striking ``and subsection (c)(57)'' and inserting 
        ``subsection (c)(57), subsection (c)(68)(B), subsection 
        (c)(81), subsection (c)(82), and subsection (c)(83)''.
  (c) Designation.--Section 1105(e)(5)(C)(i) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended by striking the final 
sentence and inserting the following: ``The routes referred to in 
subparagraphs (A) and (B)(i) of subsection (c)(26) and in subsection 
(c)(68)(B) are designated as Interstate Route I-11.''.
  (d) Future Interstate Designation.--Section 119(a) of the SAFETEA-LU 
Technical Corrections Act of 2008 is amended by striking ``and, as a 
future Interstate Route 66 Spur, the Natcher Parkway in Owensboro, 
Kentucky'' and inserting ``between Henderson, Kentucky, and Owensboro, 
Kentucky, and, as a future Interstate Route 65 and 66 Spur, the William 
H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro, 
Kentucky''.

SEC. 1406. FLEXIBILITY FOR PROJECTS.

  (a) Authority.--With respect to projects eligible for funding under 
title 23, United States Code, subject to subsection (b) and on request 
by a State, the Secretary may--
          (1) exercise all existing flexibilities under and exceptions 
        to--
                  (A) the requirements of title 23, United States Code; 
                and
                  (B) other requirements administered by the Secretary, 
                in whole or part; and
          (2) otherwise provide additional flexibility or expedited 
        processing with respect to the requirements described in 
        paragraph (1).
  (b) Maintaining Protections.--Nothing in this section--
          (1) waives the requirements of section 113 or 138 of title 
        23, United States Code;
          (2) supersedes, amends, or modifies--
                  (A) the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) or any other Federal environmental 
                law; or
                  (B) any requirement of title 23 or title 49, United 
                States Code; or
          (3) affects the responsibility of any Federal officer to 
        comply with or enforce any law or requirement described in this 
        subsection.

SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall develop guidance that encourages the use 
of programmatic approaches to project delivery, expedited and prudent 
procurement techniques, and other best practices to facilitate 
productive, effective, and timely expenditure of funds for projects 
eligible for funding under title 23, United States Code.
  (b) Implementation.--The Secretary shall work with States to ensure 
that any guidance developed under subsection (a) is consistently 
implemented by States and the Federal Highway Administration to--
          (1) avoid unnecessary delays in completing projects;
          (2) minimize cost overruns; and
          (3) ensure the effective use of Federal funding.

SEC. 1408. CONSOLIDATION OF PROGRAMS.

  Section 1519(a) of MAP-21 (126 Stat. 574) is amended by striking 
``From administrative funds'' and all that follows through ``shall be 
made available'' and inserting ``For each of fiscal years 2016 through 
2021, before making an apportionment under section 104(b)(3) of title 
23, United States Code, the Secretary shall set aside, from amounts 
made available to carry out the highway safety improvement program 
under section 148 of such title for the fiscal year, $3,500,000''.

SEC. 1409. FEDERAL SHARE PAYABLE.

  (a) Innovative Project Delivery Methods.--Section 120(c)(3)(A)(ii) of 
title 23, United States Code, is amended by inserting ``engineering or 
design approaches,'' after ``technologies,''.
  (b) Emergency Relief.--Section 120(e)(2) of title 23, United States 
Code, is amended by striking ``Federal land access transportation 
facilities,'' and inserting ``other federally owned roads that are open 
to public travel,''.

SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING 
                    REQUIREMENTS.

  (a) Fundamental Properties of Asphalts Report.--Section 6016(e) of 
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2183) is repealed.
  (b) Express Lanes Demonstration Program Reports.--Section 
1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.

SEC. 1411. TECHNICAL CORRECTIONS.

  (a) Title 23.--Title 23, United States Code, is amended as follows:
          (1) Section 150(c)(3)(B) is amended by striking the semicolon 
        at the end and inserting a period.
          (2) Section 154(c) is amended--
                  (A) in paragraph (3)(A) by striking ``transferred'' 
                and inserting ``reserved''; and
                  (B) in paragraph (5)--
                          (i) in the matter preceding subparagraph (A) 
                        by inserting ``or released'' after 
                        ``transferred''; and
                          (ii) in subparagraph (A) by striking ``under 
                        section 104(b)(l)'' and inserting ``under 
                        section 104(b)(1)''.
          (3) Section 164(b) is amended--
                  (A) in paragraph (3)(A) by striking ``transferred'' 
                and inserting ``reserved''; and
                  (B) in paragraph (5) by inserting ``or released'' 
                after ``transferred''.
  (b) MAP-21.--Effective as of July 6, 2012, and as if included therein 
as enacted, MAP-21 (Public Law 112-141) is amended as follows:
          (1) Section 1109(a)(2) (126 Stat. 444) is amended by striking 
        ``fourth'' and inserting ``fifth''.
          (2) Section 1203 (126 Stat. 524) is amended--
                  (A) in subsection (a) by striking ``Section 150 of 
                title 23, United States Code, is amended to read as 
                follows'' and inserting ``Title 23, United States Code, 
                is amended by inserting after section 149 the 
                following''; and
                  (B) in subsection (b) by striking ``by striking the 
                item relating to section 150 and inserting'' and 
                inserting ``by inserting after the item relating to 
                section 149''.
          (3) Section 1313(a)(1) (126 Stat. 545) is amended to read as 
        follows:
          ``(1) in the section heading by striking `pilot'; and''.
          (4) Section 1314(b) (126 Stat. 549) is amended--
                  (A) by inserting ``chapter 3 of'' after ``analysis 
                for''; and
                  (B) by inserting a period at the end of the matter 
                proposed to be inserted.
          (5) Section 1519(c) (126 Stat. 575) is amended--
                  (A) by striking paragraph (3);
                  (B) by redesignating paragraphs (4) through (12) as 
                paragraphs (3) through (11), respectively;
                  (C) in paragraph (7), as redesignated by subparagraph 
                (B) of this paragraph--
                          (i) by striking the period at the end of the 
                        matter proposed to be struck; and
                          (ii) by adding a period at the end; and
                  (D) in paragraph (8)(A)(i)(I), as redesignated by 
                subparagraph (B) of this paragraph, by striking ``than 
                rail'' in the matter proposed to be struck and 
                inserting ``than on rail''.
          (6) Section 1528 is amended--
                  (A) in subsection (b) by inserting ``(or a lower 
                percentage if so requested by a State with respect to a 
                project)'' after ``100 percent''; and
                  (B) in subsection (c) by inserting ``(or a lower 
                percentage if so requested by a State with respect to a 
                project)'' after ``100 percent''.

SEC. 1412. SAFETY FOR USERS.

  (a) In General.--The Secretary shall encourage each State and 
metropolitan planning organization to adopt standards for the design of 
Federal surface transportation projects that provide for the safe and 
adequate accommodation (as determined by the State) in all phases of 
project planning, development, and operation, of all users of the 
surface transportation network, including motorized and nonmotorized 
users.
  (b) Report.--Not later than 2 years after the date of enactment of 
this section, the Secretary shall make available to the public a report 
cataloging examples of State law or State transportation policy that 
provides for the safe and adequate accommodation, in all phases of 
project planning, development, and operation of all users of the 
surface transportation network.
  (c) Best Practices.--Based on the report required under subsection 
(b), the Secretary shall identify and disseminate examples of best 
practices where States have adopted measures that have successfully 
provided for the safe and adequate accommodation of all users of the 
transportation network in all phases of project development and 
operation.

SEC. 1413. DESIGN STANDARDS.

  (a) In General.--Section 109 of title 23, United States Code, is 
amended--
          (1) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by striking ``may take into account'' and 
                        inserting ``shall consider'';
                          (ii) in subparagraph (B) by striking ``and'' 
                        at the end;
                          (iii) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                          (iv) by inserting after subparagraph (B) the 
                        following:
                  ``(C) cost savings by utilizing flexibility that 
                exists in current design guidance and regulations; 
                and''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (C) by striking ``and'' 
                        at the end;
                          (ii) by redesignating subparagraph (D) as 
                        subparagraph (F); and
                          (iii) by inserting after subparagraph (C) the 
                        following:
                  ``(D) the publication entitled `Highway Safety 
                Manual' of the American Association of State Highway 
                and Transportation Officials;
                  ``(E) the publication entitled `Urban Street Design 
                Guide' of the National Association of City 
                Transportation Officials; and''; and
          (2) in subsection (f) by inserting ``pedestrian walkways,'' 
        after ``bikeways,''.
  (b) Design Standard Flexibility.--Notwithstanding section 109(o) of 
title 23, United States Code, a State may allow a local jurisdiction to 
use a roadway design publication that is different from the roadway 
design publication used by the State in which the local jurisdiction is 
located for the design of a project on a roadway under the ownership of 
the local jurisdiction (other than a highway on the Interstate System) 
if--
          (1) the local jurisdiction is a direct recipient of Federal 
        funds for the project;
          (2) the roadway design publication--
                  (A) is recognized by the Federal Highway 
                Administration; and
                  (B) is adopted by the local jurisdiction; and
          (3) the design complies with all other applicable Federal 
        laws.

SEC. 1414. RESERVE FUND.

  (a) Limitation.--
          (1) In general.--Notwithstanding funding, authorizations of 
        appropriations, and contract authority described in sections 
        1101, 1102, 3017, 4001, 5101, and 6002 of this Act, including 
        the amendments made by such sections, sections 125 and 147 of 
        title 23, United States Code, and section 5338(a) of title 49, 
        United States Code, no funding, authorization of 
        appropriations, and contract authority described in those 
        sections for fiscal years 2019 through 2021 shall exist unless 
        and only to the extent that a subsequent Act of Congress causes 
        additional monies to be deposited in the Highway Trust Fund.
          (2) Administrative expenses.--The limitation on funds 
        provided in paragraph (1) shall not apply to--
                  (A) administrative expenses of the Federal Highway 
                Administration under sections 104(a) and 608(a)(6) of 
                title 23, United States Code;
                  (B) administrative expenses of the National Highway 
                Traffic Safety Administration under section 4001(a)(6) 
                of this Act;
                  (C) administrative expenses of the Federal Motor 
                Carrier Safety Administration under section 5103 of 
                this Act; and
                  (D) administrative expenses of the Federal Transit 
                Administration under section 5338(h) of title 49, 
                United States Code.
  (b) Adjustments to Contract Authority.--
          (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by inserting after section 104 the following:

``Sec. 105. Adjustments to contract authority

  ``(a) Calculation.--
          ``(1) In general.--The President shall include in each of the 
        fiscal year 2017 through 2021 budget submissions to Congress 
        under section 1105(a) of title 31, for each of the Highway 
        Account and the Mass Transit Account, a calculation of the 
        difference between--
                  ``(A) the actual level of monies deposited in that 
                account for the most recently completed fiscal year; 
                and
                  ``(B) the estimated level of receipts for that 
                account for the most recently completed fiscal year, as 
                specified in paragraph (2).
          ``(2) Estimate.--The estimated level of receipts specified in 
        this paragraph are--
                  ``(A) for the Highway Account--
                          ``(i) for fiscal year 2015, $35,067,000,000;
                          ``(ii) for fiscal year 2016, $35,498,000,000;
                          ``(iii) for fiscal year 2017, 
                        $35,879,000,000;
                          ``(iv) for fiscal year 2018, $36,084,000,000; 
                        and
                          ``(v) for fiscal year 2019, $36,117,000,000; 
                        and
                  ``(B) for the Mass Transit Account--
                          ``(i) for fiscal year 2015, $4,994,000,000;
                          ``(ii) for fiscal year 2016, $5,020,000,000;
                          ``(iii) for fiscal year 2017, $5,024,000,000;
                          ``(iv) for fiscal year 2018, $5,011,000,000; 
                        and
                          ``(v) for fiscal year 2019, $4,981,000,000.
  ``(b) Adjustments to Contract Authority.--
          ``(1) Additional amounts.--If the difference determined in a 
        budget submission under subsection (a) for a fiscal year for 
        the Highway Account or the Mass Transit Account is greater than 
        zero, the Secretary shall on October 1 of the budget year of 
        that submission--
                  ``(A) make available for programs authorized from 
                such account for the budget year a total amount equal 
                to--
                          ``(i) the amount otherwise authorized to be 
                        appropriated for such programs for such budget 
                        year; plus
                          ``(ii) an amount equal to such difference; 
                        and
                  ``(B) distribute the additional amount under 
                subparagraph (A)(ii) to each of such programs in 
                accordance with subsection (c).
          ``(2) Reduction.--If the difference determined in a budget 
        submission under subsection (a) for a fiscal year for the 
        Highway Account or the Mass Transit Account is less than zero, 
        the Secretary shall on October 1 of the budget year of that 
        submission--
                  ``(A) make available for programs authorized from 
                such account for the budget year a total amount equal 
                to--
                          ``(i) the amount otherwise authorized to be 
                        appropriated for such programs for such budget 
                        year; minus
                          ``(ii) an amount equal to such difference; 
                        and
                  ``(B) apply the total adjustment under subparagraph 
                (A)(ii) to each of such programs in accordance with 
                subsection (c).
  ``(c) Distribution of Adjustment Among Programs.--
          ``(1) In general.--In making an adjustment for the Highway 
        Account or the Mass Transit Account for a budget year under 
        subsection (b), the Secretary shall--
                  ``(A) determine the ratio that--
                          ``(i) the amount authorized to be 
                        appropriated for a program from the account for 
                        the budget year; bears to
                          ``(ii) the total amount authorized to be 
                        appropriated for such budget year for all 
                        programs under such account;
                  ``(B) multiply the ratio determined under 
                subparagraph (A) by the applicable difference 
                calculated under subsection (a); and
                  ``(C) adjust the amount that the Secretary would 
                otherwise have allocated for the program for such 
                budget year by the amount calculated under subparagraph 
                (B).
          ``(2) Formula programs.--For a program for which funds are 
        distributed by formula, the Secretary shall add or subtract the 
        adjustment to the amount authorized for the program but for 
        this section and make available the adjusted program amount for 
        such program in accordance with such formula.
          ``(3) Availability for obligation.--Adjusted amounts under 
        this subsection shall be available for obligation and 
        administered in the same manner as other amounts made available 
        for the program for which the amount is adjusted.
  ``(d) Exclusion of Emergency Relief Program and Covered 
Administrative Expenses.--The Secretary shall exclude the emergency 
relief program under section 125 and covered administrative expenses 
from--
          ``(1) an adjustment of funding under subsection (c)(1); and
          ``(2) any calculation under subsection (b) or (c) related to 
        such an adjustment.
  ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated from the appropriate account or accounts of the Highway 
Trust Fund an amount equal to the amounts calculated under subsection 
(a) for each of fiscal years 2017 through 2021.
  ``(f) Revision to Obligation Limitations.--
          ``(1) In general.--If the Secretary makes an adjustment under 
        subsection (b) for a fiscal year to an amount subject to a 
        limitation on obligations imposed by section 1102 or 3017 of 
        the Surface Transportation Reauthorization and Reform Act of 
        2015--
                  ``(A) such limitation on obligations for such fiscal 
                year shall be revised by an amount equal to such 
                adjustment; and
                  ``(B) the Secretary shall distribute such limitation 
                on obligations, as revised under subparagraph (A), in 
                accordance with such sections.
          ``(2) Exclusion of covered administrative expenses.--The 
        Secretary shall exclude covered administrative expenses from--
                  ``(A) any calculation relating to a revision of a 
                limitation on obligations under paragraph (1)(A); and
                  ``(B) any distribution of a revised limitation on 
                obligations under paragraph (1)(B).
  ``(g) Definitions.--In this section, the following definitions apply:
          ``(1) Budget year.--The term `budget year' means the fiscal 
        year for which a budget submission referenced in subsection 
        (a)(1) is submitted.
          ``(2) Covered administrative expenses.--The term `covered 
        administrative expenses' means the administrative expenses of--
                  ``(A) the Federal Highway Administration, as 
                authorized under section 104(a);
                  ``(B) the National Highway Traffic Safety 
                Administration, as authorized under section 4001(a)(6) 
                of the Surface Transportation Reauthorization and 
                Reform Act of 2015; and
                  ``(C) the Federal Motor Carrier Safety 
                Administration, as authorized under section 31110 of 
                title 49.
          ``(3) Highway account.--The term `Highway Account' means the 
        portion of the Highway Trust Fund that is not the Mass Transit 
        Account.
          ``(4) Mass transit account.--The term `Mass Transit Account' 
        means the Mass Transit Account of the Highway Trust Fund 
        established under section 9503(e)(1) of the Internal Revenue 
        Code of 1986.''.
          (2) Clerical amendment.--The analysis for chapter 1 of title 
        23, United States Code, is amended by inserting after the item 
        relating to section 104 the following:

``105. Adjustments to contract authority.''.

SEC. 1415. ADJUSTMENTS.

  (a) In General.--On July 1, 2018, of the unobligated balances of 
funds apportioned among the States under chapter 1 of title 23, United 
States Code, a total of $6,000,000,000 is permanently rescinded.
  (b) Exclusions From Rescission.--The rescission under subsection (a) 
shall not apply to funds distributed in accordance with--
          (1) sections 104(b)(3) and 130(f) of title 23, United States 
        Code;
          (2) sections 133(d)(1)(A) of such title;
          (3) the first sentence of section 133(d)(3)(A) of such title, 
        as in effect on the day before the date of enactment of MAP-21 
        (Public Law 112-141);
          (4) sections 133(d)(1) and 163 of such title, as in effect on 
        the day before the date of enactment of SAFETEA-LU (Public Law 
        109-59); and
          (5) section 104(b)(5) of such title, as in effect on the day 
        before the date of enactment of MAP-21 (Public Law 112-141).
  (c) Distribution Among States.--The amount to be rescinded under this 
section from a State shall be determined by multiplying the total 
amount of the rescission in subsection (a) by the ratio that--
          (1) the unobligated balances subject to the rescission as of 
        September 30, 2017, for the State; bears to
          (2) the unobligated balances subject to the rescission as of 
        September 30, 2017, for all States.
  (d) Distribution Within Each State.--The amount to be rescinded under 
this section from each program to which the rescission applies within a 
State shall be determined by multiplying the required rescission amount 
calculated under subsection (c) for such State by the ratio that--
          (1) the unobligated balance as of September 30, 2017, for 
        such program in such State; bears to
          (2) the unobligated balances as of September 30, 2017, for 
        all programs to which the rescission applies in such State.

SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HYDROGEN, AND NATURAL 
                    GAS FUELING CORRIDORS.

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

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

  ``(a) In General.--Not later than 1 year after the date of enactment 
of the Surface Transportation Reauthorization and Reform Act of 2015, 
the Secretary shall designate national electric vehicle charging, 
hydrogen, and natural gas fueling corridors that identify the near- and 
long-term need for, and location of, electric vehicle charging 
infrastructure, hydrogen infrastructure, and natural gas fueling 
infrastructure at strategic locations along major national highways to 
improve the mobility of passenger and commercial vehicles that employ 
electric, hydrogen fuel cell, and natural gas fueling technologies 
across the United States.
  ``(b) Designation of Corridors.--In designating the corridors under 
subsection (a), the Secretary shall--
          ``(1) solicit nominations from State and local officials for 
        facilities to be included in the corridors;
          ``(2) incorporate existing electric vehicle charging, 
        hydrogen fueling stations, and natural gas fueling corridors 
        designated by a State or group of States; and
          ``(3) consider the demand for, and location of, existing 
        electric vehicle charging, hydrogen fueling stations, and 
        natural gas fueling infrastructure.
  ``(c) Stakeholders.--In designating corridors under subsection (a), 
the Secretary shall involve, on a voluntary basis, stakeholders that 
include--
          ``(1) the heads of other Federal agencies;
          ``(2) State and local officials;
          ``(3) representatives of--
                  ``(A) energy utilities;
                  ``(B) the electric, fuel cell electric, and natural 
                gas vehicle industries;
                  ``(C) the freight and shipping industry;
                  ``(D) clean technology firms;
                  ``(E) the hospitality industry;
                  ``(F) the restaurant industry;
                  ``(G) highway rest stop vendors; and
                  ``(H) industrial gas and hydrogen manufacturers; and
          ``(4) such other stakeholders as the Secretary determines to 
        be necessary.
  ``(d) Redesignation.--Not later than 5 years after the date of 
establishment of the corridors under subsection (a), and every 5 years 
thereafter, the Secretary shall update and redesignate the corridors.
  ``(e) Report.--During designation and redesignation of the corridors 
under this section, the Secretary shall issue a report that--
          ``(1) identifies electric vehicle charging, hydrogen 
        infrastructure, and natural gas fueling infrastructure and 
        standardization needs for electricity providers, industrial gas 
        providers, natural gas providers, infrastructure providers, 
        vehicle manufacturers, electricity purchasers, and natural gas 
        purchasers; and
          ``(2) establishes an aspirational goal of achieving strategic 
        deployment of electric vehicle charging, hydrogen 
        infrastructure, and natural gas fueling infrastructure in those 
        corridors by the end of fiscal year 2021.''.
  (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 150 the following:

``151. National electric vehicle charging, hydrogen, and natural gas 
fueling corridors.''.

SEC. 1417. FERRIES.

  Section 147 of title 23, United States Code, is amended by adding at 
the end the following:
  ``(h) Redistribution of Unobligated Amounts.--The Secretary shall--
          ``(1) withdraw amounts allocated to eligible entities under 
        this section that remain unobligated by the end of the third 
        fiscal year following the fiscal year for which the amounts 
        were allocated; and
          ``(2) in the fiscal year beginning after a fiscal year in 
        which a withdrawal is made under paragraph (1), redistribute 
        the funds withdrawn, in accordance with the formula specified 
        under subsection (d), among eligible entities with respect to 
        which no amounts were withdrawn under paragraph (1).''.

SEC. 1418. STUDY ON PERFORMANCE OF BRIDGES.

  (a) In General.--Subject to subsection (c), the Administrator of the 
Federal Highway Administration shall commission the Transportation 
Research Board of the National Academy of Sciences to conduct a study 
on the performance of bridges that are at least 15 years old and 
received funding under the innovative bridge research and construction 
program (in this section referred to as the ``program'') under section 
503(b) of title 23, United States Code (as in effect on the day before 
the date of enactment of SAFETEA-LU (Public Law 109-59) in meeting the 
goals of that program, which included--
          (1) the development of new, cost-effective innovative 
        material highway bridge applications;
          (2) the reduction of maintenance costs and lifecycle costs of 
        bridges, including the costs of new construction, replacement, 
        or rehabilitation of deficient bridges;
          (3) the development of construction techniques to increase 
        safety and reduce construction time and traffic congestion;
          (4) the development of engineering design criteria for 
        innovative products and materials for use in highway bridges 
        and structures;
          (5) the development of cost-effective and innovative 
        techniques to separate vehicle and pedestrian traffic from 
        railroad traffic;
          (6) the development of highway bridges and structures that 
        will withstand natural disasters, including alternative 
        processes for the seismic retrofit of bridges; and
          (7) the development of new nondestructive bridge evaluation 
        technologies and techniques.
  (b) Contents.--The study commissioned under subsection (a) shall 
include--
          (1) an analysis of the performance of bridges that received 
        funding under the program in meeting the goals described in 
        paragraphs (1) through (7) of subsection (a);
          (2) an analysis of the utility, compared to conventional 
        materials and technologies, of each of the innovative materials 
        and technologies used in projects for bridges under the program 
        in meeting the needs of the United States in 2015 and in the 
        future for a sustainable and low lifecycle cost transportation 
        system;
          (3) recommendations to Congress on how the installed and 
        lifecycle costs of bridges could be reduced through the use of 
        innovative materials and technologies, including, as 
        appropriate, any changes in the design and construction of 
        bridges needed to maximize the cost reductions; and
          (4) a summary of any additional research that may be needed 
        to further evaluate innovative approaches to reducing the 
        installed and lifecycle costs of highway bridges.
  (c) Public Comment.--Before commissioning the study under subsection 
(a), the Administrator shall provide an opportunity for public comment 
on the study proposal.
  (d) Data From States.--Each State that received funds under the 
program shall provide to the Transportation Research Board any relevant 
data needed to carry out the study commissioned under subsection (a).
  (e) Deadline.--The Administrator shall submit to Congress a report on 
the results of the study commissioned under subsection (a) not later 
than 3 years after the date of enactment of this Act.

SEC. 1419. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES.

  A State transportation agency may relinquish park-and-ride lot 
facilities or portions of park-and-ride lot facilities to a local 
government agency for highway purposes if authorized to do so under 
State law if the agreement providing for the relinquishment provides 
that--
          (1) rights-of-way on the Interstate System will remain 
        available for future highway improvements; and
          (2) modifications to the facilities that could impair the 
        highway or interfere with the free and safe flow of traffic are 
        subject to the approval of the Secretary.

SEC. 1420. PILOT PROGRAM.

  (a) In General.--The Secretary may establish a pilot program that 
allows a State to utilize innovative approaches to maintain the right-
of-way of Federal-aid highways within such State.
  (b) Limitation.--A pilot program established under subsection (a) 
shall--
          (1) terminate after not more than 6 years;
          (2) include not more than 5 States; and
          (3) be subject to guidelines published by the Secretary.
  (c) Report.--If the Secretary establishes a pilot program under 
subsection (a), the Secretary shall, not more than 1 year after the 
completion of the pilot program, submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the results of the pilot program.

SEC. 1421. INNOVATIVE PROJECT DELIVERY EXAMPLES.

  Section 120(c)(3)(B) of title 23, United States Code, is amended--
          (1) in clause (iv) by striking ``or'' at the end;
          (2) by redesignating clause (v) as clause (vi); and
          (3) by inserting after clause (iv) the following:
                          ``(v) innovative pavement materials that have 
                        a demonstrated life cycle of 75 or more years, 
                        are manufactured with reduced greenhouse gas 
                        emissions, and reduce construction-related 
                        congestion by rapidly curing; or''.

SEC. 1422. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR HABITAT 
                    AND FORAGE ON TRANSPORTATION RIGHTS-OF-WAY.

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

SEC. 1423. MILK PRODUCTS.

  Section 127(a) of title 23, United States Code, is amended by adding 
at the end the following:
          ``(13) Milk products.--A vehicle carrying fluid milk products 
        shall be considered a load that cannot be easily dismantled or 
        divided.''.

SEC. 1424. INTERSTATE WEIGHT LIMITS FOR EMERGENCY VEHICLES.

  Section 127(a) of title 23, United States Code, as amended by this 
Act, is further amended by adding at the end the following:
          ``(14) Emergency vehicles.--
                  ``(A) In general.--With respect to an emergency 
                vehicle, the following weight limits shall apply in 
                lieu of the maximum and minimum weight limits specified 
                in this subsection:
                          ``(i) 24,000 pounds on a single steering 
                        axle.
                          ``(ii) 33,500 pounds on a single drive axle.
                          ``(iii) 62,000 pounds on a tandem axle.
                          ``(iv) A maximum gross vehicle weight of 
                        86,000 pounds.
                  ``(B) Emergency vehicle defined.--In this paragraph, 
                the term `emergency vehicle' means a vehicle designed--
                          ``(i) to be used under emergency conditions 
                        to transport personnel and equipment; and
                          ``(ii) to support the suppression of fires 
                        and mitigation of other hazardous 
                        situations.''.

SEC. 1425. VEHICLE WEIGHT LIMITATIONS--INTERSTATE SYSTEM.

  Section 127 of title 23, United States Code, is amended by adding at 
the end the following:
  ``(m) Covered Heavy-Duty Tow and Recovery Vehicles.--
          ``(1) In general.--The vehicle weight limitations set forth 
        in this section do not apply to a covered heavy-duty tow and 
        recovery vehicle.
          ``(2) Covered heavy-duty tow and recovery vehicle defined.--
        In this subsection, the term `covered heavy-duty tow and 
        recovery vehicle' means a vehicle that--
                  ``(A) is transporting a disabled vehicle from the 
                place where the vehicle became disabled to the nearest 
                appropriate repair facility; and
                  ``(B) has a gross vehicle weight that is equal to or 
                exceeds the gross vehicle weight of the disabled 
                vehicle being transported.''.

SEC. 1426. NEW NATIONAL GOAL, PERFORMANCE MEASURE, AND PERFORMANCE 
                    TARGET.

  (a) National Goal.--Section 150(b) of title 23, United States Code, 
is amended by adding at the end the following:
          ``(8) Integrated economic development.--To improve road 
        conditions in economically distressed urban communities and 
        increase access to jobs, markets, and economic opportunities 
        for people who live in such communities.''.
  (b) Performance Measure.--Section 150(c) of such title is amended by 
adding at the end the following:
          ``(7) Integrated economic development.--The Secretary shall 
        establish measures for States to use to assess the conditions, 
        accessibility, and reliability of roads in economically 
        distressed urban communities.''.
  (c) Performance Target.--Section 150(d)(1) of such title is amended 
by striking ``and (6)'' and inserting ``(6), and (7)''.

SEC. 1427. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS SERVICE 
                    SIGNS.

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

SEC. 1428. WORK ZONE AND GUARD RAIL SAFETY TRAINING.

  (a) In General.--Section 1409 of SAFETEA-LU (23 U.S.C. 401 note) is 
amended--
          (1) by striking the section heading and inserting ``work zone 
        and guard rail safety training''; and
          (2) in subsection (b) by adding at the end the following:
          ``(4) Development, updating, and delivery of training courses 
        on guard rail installation, maintenance, and inspection.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 1409 and 
inserting the following:

``Sec. 1409. Work zone and guard rail safety training.''.

SEC. 1429. MOTORCYCLIST ADVISORY COUNCIL.

  (a) In General.--The Secretary, acting through the Administrator of 
the Federal Highway Administration, and in consultation with the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate, shall appoint a Motorcyclist Advisory Council to coordinate 
with and advise the Administrator on infrastructure issues of concern 
to motorcyclists, including--
          (1) barrier design;
          (2) road design, construction, and maintenance practices; and
          (3) the architecture and implementation of intelligent 
        transportation system technologies.
  (b) Composition.--The Council shall consist of not more than 10 
members of the motorcycling community with professional expertise in 
national motorcyclist safety advocacy, including--
          (1) at least--
                  (A) 1 member recommended by a national motorcyclist 
                association;
                  (B) 1 member recommended by a national motorcycle 
                riders foundation;
                  (C) 1 representative of the National Association of 
                State Motorcycle Safety Administrators;
                  (D) 2 members of State motorcyclists' organizations;
                  (E) 1 member recommended by a national organization 
                that represents the builders of highway infrastructure;
                  (F) 1 member recommended by a national association 
                that represents the traffic safety systems industry; 
                and
                  (G) 1 member of a national safety organization; and
          (2) at least 1, but not more than 2, motorcyclists who are 
        traffic system design engineers or State transportation 
        department officials.

SEC. 1430. HIGHWAY WORK ZONES.

  It is the sense of the House of Representatives that the Federal 
Highway Administration should--
          (1) do all within its power to protect workers in highway 
        work zones; and
          (2) move rapidly to finalize regulations, as directed in 
        section 1405 of MAP-21 (126 Stat. 560), to protect the lives 
        and safety of construction workers in highway work zones from 
        vehicle intrusions.

                  TITLE II--INNOVATIVE PROJECT FINANCE

SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
                    1998 AMENDMENTS.

  (a) Definitions.--
          (1) Master credit agreement.--Section 601(a)(10) of title 23, 
        United States Code, is amended to read as follows:
          ``(10) Master credit agreement.--The term `master credit 
        agreement' means a conditional agreement to extend credit 
        assistance for a program of related projects secured by a 
        common security pledge (which shall receive an investment grade 
        rating from a rating agency prior to the Secretary entering 
        into such master credit agreement) under section 602(b)(2)(A), 
        or for a single project covered under section 602(b)(2)(B) that 
        does not provide for a current obligation of Federal funds, and 
        that would--
                  ``(A) make contingent commitments of 1 or more 
                secured loans or other Federal credit instruments at 
                future dates, subject to the availability of future 
                funds being made available to carry out this chapter 
                and subject to the satisfaction of all the conditions 
                for the provision of credit assistance under this 
                chapter, including section 603(b)(1);
                  ``(B) establish the maximum amounts and general terms 
                and conditions of the secured loans or other Federal 
                credit instruments;
                  ``(C) identify the 1 or more dedicated non-Federal 
                revenue sources that will secure the repayment of the 
                secured loans or secured Federal credit instruments;
                  ``(D) provide for the obligation of funds for the 
                secured loans or secured Federal credit instruments 
                after all requirements have been met for the projects 
                subject to the master credit agreement, including--
                          ``(i) completion of an environmental impact 
                        statement or similar analysis required under 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.);
                          ``(ii) compliance with such other 
                        requirements as are specified in this chapter, 
                        including sections 602(c) and 603(b)(1); and
                          ``(iii) the availability of funds to carry 
                        out this chapter; and
                  ``(E) require that contingent commitments result in a 
                financial close and obligation of credit assistance not 
                later than 3 years after the date of entry into the 
                master credit agreement, or release of the commitment, 
                unless otherwise extended by the Secretary.''.
          (2) Rural infrastructure project.--Section 601(a)(15) of 
        title 23, United States Code, is amended to read as follows:
          ``(15) Rural infrastructure project.--The term `rural 
        infrastructure project' means a surface transportation 
        infrastructure project located outside of a Census-Bureau-
        defined urbanized area.''.
  (b) Master Credit Agreements.--Section 602(b)(2) of title 23, United 
States Code is amended to read as follows:
          ``(2) Master credit agreements.--
                  ``(A) Program of related projects.--The Secretary may 
                enter into a master credit agreement for a program of 
                related projects secured by a common security pledge on 
                terms acceptable to the Secretary.
                  ``(B) Adequate funding not available.--If the 
                Secretary fully obligates funding to eligible projects 
                in a fiscal year, and adequate funding is not available 
                to fund a credit instrument, a project sponsor of an 
                eligible project may elect to enter into a master 
                credit agreement and wait to execute a credit 
                instrument until the fiscal year during which 
                additional funds are available to receive credit 
                assistance.''.
  (c) Eligible Project Costs.--Section 602(a)(5) of title 23, United 
States Code, is amended--
          (1) in subparagraph (A) by inserting ``and (C)'' after 
        ``(B)''; and
          (2) by adding at the end the following:
                  ``(C) Local infrastructure projects.--Eligible 
                project costs shall be reasonably anticipated to equal 
                or exceed $10,000,000 in the case of a project or 
                program of projects--
                          ``(i) in which the applicant is a local 
                        government, public authority, or 
                        instrumentality of local government;
                          ``(ii) located on a facility owned by a local 
                        government; or
                          ``(iii) for which the Secretary determines 
                        that a local government is substantially 
                        involved in the development of the project.''.
  (d) Limitation on Refinancing of Interim Construction Financing.--
Section 603(a)(2) of title 23, United States Code, is amended to read 
as follows:
          ``(2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B)--
                  ``(A) if the maturity of such interim construction 
                financing is later than 1 year after the substantial 
                completion of the project; and
                  ``(B) later than 1 year after the date of substantial 
                completion of the project.''.
  (e) Funding.--Section 608(a) of title 23, United States Code, is 
amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (A) by striking ``Beginning in 
                fiscal year 2014, on April 1 of each fiscal year'' and 
                inserting ``Beginning in fiscal year 2016, on August 1 
                of each fiscal year''; and
                  (B) by adding at the end the following:
                  ``(D) Limitations.--The Secretary may not carry out a 
                redistribution under this paragraph--
                          ``(i) for any fiscal year in which such 
                        redistribution would adversely impact the 
                        receipt of credit assistance by a qualified 
                        project within such fiscal year; or
                          ``(ii) if the budget authority determined to 
                        be necessary to cover all requests for credit 
                        assistance pending before the Department of 
                        Transportation on August 1 would reduce the 
                        uncommitted balance of funds below the 
                        threshold established in subparagraph (A).''; 
                        and
          (2) by striking paragraph (6) and inserting the following:
          ``(6) Administrative costs.--Of the amounts made available to 
        carry out this chapter, the Secretary may use not more than 
        $5,000,000 for fiscal year 2016, $5,150,000 for fiscal year 
        2017, $5,304,500 for fiscal year 2018, $5,463,500 for fiscal 
        year 2019, $5,627,500 for fiscal year 2020, and $5,760,500 for 
        fiscal year 2021 for the administration of this chapter.''.

SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM.

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

SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL.

  (a) Payment to States for Construction.--Section 121(a) of title 23, 
United States Code, is amended by inserting ``(including payments made 
pursuant to a long-term concession agreement, such as availability 
payments)'' after ``a project''.
  (b) Project Approval and Oversight.--Section 106(b)(1) of title 23, 
United States Code, is amended by inserting ``(including payments made 
pursuant to a long-term concession agreement, such as availability 
payments)'' after ``construction of the project''.

                    TITLE III--PUBLIC TRANSPORTATION

SEC. 3001. SHORT TITLE.

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

SEC. 3002. DEFINITIONS.

  Section 5302 of title 49, United States Code, is amended--
          (1) in paragraph (1)(C) by striking ``landscaping and''; and
          (2) by adding at the end the following:
          ``(24) Value capture.--The term `value capture' means 
        recovering the increased property value to property located 
        near public transportation resulting from investments in public 
        transportation.
          ``(25) Base-model bus.--The term `base-model bus' means a 
        heavy-duty public transportation bus manufactured to meet, but 
        not exceed, transit-specific minimum performance criteria 
        developed by the Secretary.''.

SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.

  (a) In General.--Section 5303 of title 49, United States Code, is 
amended--
          (1) in subsection (c)(2) by striking ``and bicycle 
        transportation facilities'' and inserting ``, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation, including intercity buses and 
        intercity bus facilities'';
          (2) in subsection (d)--
                  (A) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively; and
                  (B) by inserting after paragraph (2) the following:
          ``(3) Representation.--
                  ``(A) In general.--Designation or selection of 
                officials or representatives under paragraph (2) shall 
                be determined by the metropolitan planning organization 
                according to the bylaws or enabling statute of the 
                organization.
                  ``(B) Public transportation representative.--Subject 
                to the bylaws or enabling statute of the metropolitan 
                planning organization, a representative of a provider 
                of public transportation may also serve as a 
                representative of a local municipality.
                  ``(C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting rights, and 
                any other authority commensurate with other officials 
                described in paragraph (2).''; and
                  (C) in paragraph (5), as so redesignated, by striking 
                ``paragraph (5)'' and inserting ``paragraph (6)'';
          (3) in subsection (e)(4)(B) by striking ``subsection (d)(5)'' 
        and inserting ``subsection (d)(6)'';
          (4) in subsection (g)(3)(A) by inserting ``tourism, natural 
        disaster risk reduction,'' after ``economic development,'';
          (5) in subsection (h)(1)--
                  (A) in subparagraph (G) by striking ``and'' at the 
                end;
                  (B) in subparagraph (H) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(I) improve the resilience and reliability of the 
                transportation system.'';
          (6) in subsection (i)--
                  (A) in paragraph (2)(A)(i) by striking ``transit'' 
                and inserting ``public transportation facilities, 
                intercity bus facilities'';
                  (B) in paragraph (6)(A)--
                          (i) by inserting ``public ports,'' before 
                        ``freight shippers,''; and
                          (ii) by inserting ``(including intercity bus 
                        operators, employer-based commuting programs, 
                        such as a carpool program, vanpool program, 
                        transit benefit program, parking cash-out 
                        program, shuttle program, or telework 
                        program)'' after ``private providers of 
                        transportation''; and
                  (C) in paragraph (8) by striking ``paragraph (2)(C)'' 
                each place it appears and inserting ``paragraph 
                (2)(E)'';
          (7) in subsection (k)(3)--
                  (A) in subparagraph (A) by inserting ``(including 
                intercity bus operators, employer-based commuting 
                programs, such as a carpool program, vanpool program, 
                transit benefit program, parking cash-out program, 
                shuttle program, or telework program), job access 
                projects,'' after ``reduction''; and
                  (B) by adding at the end the following:
                  ``(C) Congestion management plan.--A metropolitan 
                planning organization with a transportation management 
                area may develop a plan that includes projects and 
                strategies that will be considered in the TIP of such 
                metropolitan planning organization. Such plan shall--
                          ``(i) develop regional goals to reduce 
                        vehicle miles traveled during peak commuting 
                        hours and improve transportation connections 
                        between areas with high job concentration and 
                        areas with high concentrations of low-income 
                        households;
                          ``(ii) identify existing public 
                        transportation services, employer-based 
                        commuter programs, and other existing 
                        transportation services that support access to 
                        jobs in the region; and
                          ``(iii) identify proposed projects and 
                        programs to reduce congestion and increase job 
                        access opportunities.
                  ``(D) Participation.--In developing the plan under 
                subparagraph (C), a metropolitan planning organization 
                shall consult with employers, private and non-profit 
                providers of public transportation, transportation 
                management organizations, and organizations that 
                provide job access reverse commute projects or job-
                related services to low-income individuals.'';
          (8) in subsection (l)--
                  (A) by adding a period at the end of paragraph (1); 
                and
                  (B) in paragraph (2)(D) by striking ``of less than 
                200,000'' and inserting ``with a population of 200,000 
                or less''; and
          (9) in subsection (p) by striking ``Funds set aside under 
        section 104(f)'' and inserting ``Funds apportioned under 
        section 104(b)(5)''.
  (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
5304 of title 49, United States Code, is amended--
          (1) in subsection (a)(2) by striking ``and bicycle 
        transportation facilities'' and inserting ``, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation, including intercity buses and 
        intercity bus facilities'';
          (2) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (G) by striking ``and'' 
                        at the end;
                          (ii) in subparagraph (H) by striking the 
                        period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                  ``(I) improve the resilience and reliability of the 
                transportation system.''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (B)(ii) by striking 
                        ``urbanized''; and
                          (ii) in subparagraph (C) by striking 
                        ``urbanized''; and
          (3) in subsection (f)(3)(A)(ii)--
                  (A) by inserting ``public ports,'' before ``freight 
                shippers,''; and
                  (B) by inserting ``(including intercity bus 
                operators, employer-based commuting programs, such as a 
                carpool program, vanpool program, transit benefit 
                program, parking cash-out program, shuttle program, or 
                telework program)'' after ``private providers of 
                transportation''.

SEC. 3004. URBANIZED AREA FORMULA GRANTS.

  Section 5307 of title 49, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                  (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
          ``(1) Recipient defined.--In this section, the term 
        `recipient' means a designated recipient, State, or local 
        governmental authority that receives a grant under this section 
        directly from the Government.'';
                  (C) in paragraph (3) (as so redesignated) by 
                inserting ``or general public demand response service'' 
                before ``during'' each place it appears; and
                  (D) by adding at the end the following:
          ``(4) Exception to the special rule.--Notwithstanding 
        paragraph (3), if a public transportation system described in 
        such paragraph executes a written agreement with 1 or more 
        other public transportation systems to allocate funds under 
        this subsection, other than by measuring vehicle revenue hours, 
        each of the public transportation systems to the agreement may 
        follow the terms of such agreement without regard to the 
        percentages or the measured vehicle revenue hours referred to 
        in such paragraph.''; and
          (2) in subsection (c)(1)(K)(i) by striking ``1 percent'' and 
        inserting ``one-half of 1 percent''.

SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

  Section 5309 of title 49, United States Code, is amended--
          (1) in subsection (a)(6)--
                  (A) in subparagraph (A) by inserting ``, small start 
                projects,'' after ``new fixed guideway capital 
                projects''; and
                  (B) by striking subparagraph (B) and inserting the 
                following:
                  ``(B) 2 or more projects that are any combination of 
                new fixed guideway capital projects, small start 
                projects, and core capacity improvement projects.'';
          (2) in subsection (h)(6)--
                  (A) by striking ``In carrying out'' and inserting the 
                following:
                  ``(A) In general.--In carrying out''; and
                  (B) by adding at the end the following:
                  ``(B) Optional early rating.--At the request of the 
                project sponsor, the Secretary shall evaluate and rate 
                the project in accordance with paragraphs (4) and (5) 
                and subparagraph (A) of this paragraph upon completion 
                of the analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).'';
          (3) in subsection (i)--
                  (A) in paragraph (1) by striking ``subsection (d) or 
                (e)'' and inserting ``subsection (d), (e), or (h)'';
                  (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A) 
                        by inserting ``new fixed guideway capital 
                        project or core capacity improvement'' after 
                        ``federally funded'';
                          (ii) by striking subparagraph (D) and 
                        inserting the following:
                  ``(D) the program of interrelated projects, when 
                evaluated as a whole--
                          ``(i) meets the requirements of subsection 
                        (d)(2), subsection (e)(2), or paragraphs (3) 
                        and (4) of subsection (h), as applicable, if 
                        the program is comprised entirely of--
                                  ``(I) new fixed guideway capital 
                                projects;
                                  ``(II) core capacity improvement 
                                projects; or
                                  ``(III) small start projects; or
                          ``(ii) meets the requirements of subsection 
                        (d)(2) if the program is comprised of any 
                        combination of new fixed guideway projects, 
                        small start projects, and core capacity 
                        improvement projects.'';
                  (C) by striking paragraph (3)(A) and inserting the 
                following:
                  ``(A) Project advancement.--A project receiving a 
                grant under this section that is part of a program of 
                interrelated projects may not advance--
                          ``(i) in the case of a small start project, 
                        from the project development phase to the 
                        construction phase unless the Secretary 
                        determines that the program of interrelated 
                        projects meets the applicable requirements of 
                        this section and there is a reasonable 
                        likelihood that the program will continue to 
                        meet such requirements; or
                          ``(ii) in the case of a new fixed guideway 
                        capital project or a core capacity improvement 
                        project, from the project development phase to 
                        the engineering phase, or from the engineering 
                        phase to the construction phase, unless the 
                        Secretary determines that the program of 
                        interrelated projects meets the applicable 
                        requirements of this section and there is a 
                        reasonable likelihood that the program will 
                        continue to meet such requirements.'';
          (4) in subsection (l)--
                  (A) by striking paragraph (1) and inserting the 
                following:
          ``(1) In general.--Based on engineering studies, studies of 
        economic feasibility, and information on the expected use of 
        equipment or facilities, the Secretary shall estimate the net 
        capital project cost. A grant for a new fixed guideway project 
        shall not exceed 50 percent of the net capital project cost. A 
        grant for a core capacity project shall not exceed 80 percent 
        of the net capital project cost of the incremental cost of 
        increasing the capacity in the corridor. A grant for a small 
        start project shall not exceed 80 percent.''; and
                  (B) by striking paragraph (4) and inserting the 
                following:
          ``(4) Remaining costs.--The remainder of the net project 
        costs shall be provided--
                  ``(A) in cash from non-Government sources other than 
                revenues from providing public transportation services;
                  ``(B) from revenues from the sale of advertising and 
                concessions;
                  ``(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or 
                new capital; or
                  ``(D) from amounts appropriated or otherwise made 
                available to a department or agency of the Government 
                (other than the Department of Transportation) that are 
                eligible to be expended for transportation.'';
          (5) by striking subsection (n) and redesignating subsection 
        (o) as subsection (n); and
          (6) by adding at the end the following:
  ``(o) Special Rule.--For the purposes of calculating the cost 
effectiveness of a project described in subsection (d) or (e), the 
Secretary shall not reduce or eliminate the capital costs of art and 
landscaping elements from the annualized capital cost calculation.''.

SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF SENIORS AND 
                    INDIVIDUALS WITH DISABILITIES.

  Section 5310 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(i) Best Practices.--The Secretary shall collect from, review, and 
disseminate to public transit agencies innovative practices, program 
models, new service delivery options, findings from activities under 
subsection (h), and transit cooperative research program reports.''.

SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.

  Section 5311(g)(3) of title 49, United States Code, is amended--
          (1) by redesignating subparagraphs (A) through (D) as 
        subparagraphs (C) through (F), respectively;
          (2) by inserting before subparagraph (C) (as so redesignated) 
        the following:
                  ``(A) may be provided in cash from non-Government 
                sources other than revenues from providing public 
                transportation services;
                  ``(B) may be provided from revenues from the sale of 
                advertising and concessions;''; and
          (3) in subparagraph (F) (as so redesignated) by inserting ``, 
        including all operating and capital costs of such service 
        whether or not offset by revenue from such service,'' after 
        ``the costs of a private operator for the unsubsidized segment 
        of intercity bus service''.

SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.

  (a) Consolidation of Programs.--Section 5312 of title 49, United 
States Code, is amended--
          (1) by striking the section designation and heading and 
        inserting the following:

``Sec. 5312. Public transportation innovation'';

          (2) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
          (3) by inserting before subsection (b) (as so redesignated) 
        the following:
  ``(a) In General.--The Secretary shall provide assistance for 
projects and activities to advance innovative public transportation 
research and development in accordance with the requirements of this 
section.'';
          (4) in subsection (e)(5) (as so redesignated)--
                  (A) in subparagraph (A) by striking clause (vi) and 
                redesignating clause (vii) as clause (vi);
                  (B) in subparagraph (B) by striking ``recipients'' 
                and inserting ``participants'';
                  (C) in subparagraph (C) by striking clause (ii) and 
                inserting the following:
                          ``(ii) Government share of costs for certain 
                        projects.--A grant for a project carried out 
                        under this paragraph shall be 80 percent of the 
                        net project cost of the project unless the 
                        grant recipient requests a lower grant 
                        percentage.''; and
                  (D) by striking subparagraph (G);
          (5) in subsection (f) (as so redesignated)--
                  (A) by striking ``(f)'' and all that follows before 
                paragraph (1) and inserting the following:
  ``(f) Annual Report on Research.--Not later than the first Monday in 
February of each year, the Secretary shall make available to the public 
on the Web site of the Department of Transportation, a report that 
includes--'';
                  (B) in paragraph (1) by adding ``and'' at the end;
                  (C) in paragraph (2) by striking ``; and'' and 
                inserting a period; and
                  (D) by striking paragraph (3); and
          (6) by adding at the end the following:
  ``(h) Transit Cooperative Research Program.--
          ``(1) In general.--The amounts made available under section 
        5338(b) are available for a public transportation cooperative 
        research program.
          ``(2) Independent governing board.--
                  ``(A) Establishment.--The Secretary shall establish 
                an independent governing board for the program under 
                this subsection.
                  ``(B) Recommendations.--The board shall recommend 
                public transportation research, development, and 
                technology transfer activities the Secretary considers 
                appropriate.
          ``(3) Federal assistance.--The Secretary may make grants to, 
        and enter into cooperative agreements with, the National 
        Academy of Sciences to carry out activities under this 
        subsection that the Secretary considers appropriate.
          ``(4) Government's share.--If there would be a clear and 
        direct financial benefit to an entity under a grant or contract 
        financed under this subsection, the Secretary shall establish a 
        Government share consistent with that benefit.
          ``(5) Limitation on applicability.--Subsections (f) and (g) 
        shall not apply to activities carried out under this 
        subsection.''.
  (b) Conforming Amendments.--Section 5312 of such title (as amended by 
subsection (a) of this section) is further amended--
          (1) in subsection (c)(1) by striking ``subsection (a)(2)'' 
        and inserting ``subsection (b)(2)'';
          (2) in subsection (d)--
                  (A) in paragraph (1) by striking ``subsection 
                (a)(2)'' and inserting ``subsection (b)(2)''; and
                  (B) in paragraph (2)(A) by striking ``subsection 
                (b)'' and inserting ``subsection (c)'';
          (3) in subsection (e)(2) in each of subparagraphs (A) and (B) 
        by striking ``subsection (a)(2)'' and inserting ``subsection 
        (b)(2)''; and
          (4) in subsection (f)(2) by striking ``subsection (d)(4)'' 
        and inserting ``subsection (e)(4)''.
  (c) Repeal.--Section 5313 of such title, and the item relating to 
that section in the analysis for chapter 53 of such title, are 
repealed.
  (d) Clerical Amendment.--The analysis for chapter 53 of such title is 
amended by striking the item relating to section 5312 and inserting the 
following:

``5312. Public transportation innovation.''.

SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

  (a) In General.--Section 5314 of title 49, United States Code, is 
amended to read as follows:

``Sec. 5314. Technical assistance and workforce development

  ``(a) Technical Assistance and Standards.--
          ``(1) Technical assistance and standards development.--
                  ``(A) In general.--The Secretary may make grants and 
                enter into contracts, cooperative agreements, and other 
                agreements (including agreements with departments, 
                agencies, and instrumentalities of the Government) to 
                carry out activities that the Secretary determines will 
                assist recipients of assistance under this chapter to--
                          ``(i) more effectively and efficiently 
                        provide public transportation service;
                          ``(ii) administer funds received under this 
                        chapter in compliance with Federal law; and
                          ``(iii) improve public transportation.
                  ``(B) Eligible activities.--The activities carried 
                out under subparagraph (A) may include--
                          ``(i) technical assistance; and
                          ``(ii) the development of voluntary and 
                        consensus-based standards and best practices by 
                        the public transportation industry, including 
                        standards and best practices for safety, fare 
                        collection, intelligent transportation systems, 
                        accessibility, procurement, security, asset 
                        management to maintain a state of good repair, 
                        operations, maintenance, vehicle propulsion, 
                        communications, and vehicle electronics.
          ``(2) Technical assistance.--The Secretary, through a 
        competitive bid process, may enter into contracts, cooperative 
        agreements, and other agreements with national nonprofit 
        organizations that have the appropriate demonstrated capacity 
        to provide public-transportation-related technical assistance 
        under this subsection. The Secretary may enter into such 
        contracts, cooperative agreements, and other agreements to 
        assist providers of public transportation to--
                  ``(A) comply with the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12101 et seq.) through technical 
                assistance, demonstration programs, research, public 
                education, and other activities related to complying 
                with such Act;
                  ``(B) comply with human services transportation 
                coordination requirements and to enhance the 
                coordination of Federal resources for human services 
                transportation with those of the Department of 
                Transportation through technical assistance, training, 
                and support services related to complying with such 
                requirements;
                  ``(C) meet the transportation needs of elderly 
                individuals;
                  ``(D) increase transit ridership in coordination with 
                metropolitan planning organizations and other entities 
                through development around public transportation 
                stations through technical assistance and the 
                development of tools, guidance, and analysis related to 
                market-based development around transit stations;
                  ``(E) address transportation equity with regard to 
                the effect that transportation planning, investment, 
                and operations have for low-income and minority 
                individuals;
                  ``(F) facilitate best practices to promote bus driver 
                safety;
                  ``(G) meet the requirements of sections 5323(j) and 
                5323(m);
                  ``(H) assist with the development and deployment of 
                zero emission transit technologies; and
                  ``(I) any other technical assistance activity that 
                the Secretary determines is necessary to advance the 
                interests of public transportation.
          ``(3) Annual report on technical assistance.--Not later than 
        the first Monday in February of each year, the Secretary shall 
        submit to the Committee on Banking, Housing, and Urban Affairs 
        and the Committee on Appropriations of the Senate and the 
        Committee on Transportation and Infrastructure, the Committee 
        on Science, Space, and Technology, and the Committee on 
        Appropriations of the House of Representatives a report that 
        includes--
                  ``(A) a description of each project that received 
                assistance under this subsection during the preceding 
                fiscal year;
                  ``(B) an evaluation of the activities carried out by 
                each organization that received assistance under this 
                subsection during the preceding fiscal year;
                  ``(C) a proposal for allocations of amounts for 
                assistance under this subsection for the subsequent 
                fiscal year; and
                  ``(D) measurable outcomes and impacts of the programs 
                funded under subsections (b) and (c).
          ``(4) Government share of costs.--
                  ``(A) In general.--The Government share of the cost 
                of an activity carried out using a grant under this 
                subsection may not exceed 80 percent.
                  ``(B) Non-government share.--The non-Government share 
                of the cost of an activity carried out using a grant 
                under this subsection may be derived from in-kind 
                contributions.
  ``(b) Human Resources and Training.--
          ``(1) In general.--The Secretary may undertake, or make 
        grants and contracts for, programs that address human resource 
        needs as they apply to public transportation activities. A 
        program may include--
                  ``(A) an employment training program;
                  ``(B) an outreach program to increase veteran, 
                minority, and female employment in public 
                transportation activities;
                  ``(C) research on public transportation personnel and 
                training needs;
                  ``(D) training and assistance for veteran and 
                minority business opportunities; and
                  ``(E) consensus-based national training standards and 
                certifications in partnership with industry 
                stakeholders.
          ``(2) Innovative public transportation frontline workforce 
        development program.--
                  ``(A) In general.--The Secretary shall establish a 
                competitive grant program to assist the development of 
                innovative activities eligible for assistance under 
                subparagraph (1).
                  ``(B) Eligible programs.--A program eligible for 
                assistance under subsection (a) shall--
                          ``(i) develop apprenticeships for transit 
                        maintenance and operations occupations, 
                        including hands-on, peer trainer, classroom and 
                        on-the-job training as well as training for 
                        instructors and on-the-job mentors;
                          ``(ii) build local, regional, and statewide 
                        transit training partnerships in coordination 
                        with entities such as local employers, local 
                        public transportation operators, labor union 
                        organizations, workforce development boards, 
                        State workforce agencies, State apprenticeship 
                        agencies (where applicable), and community 
                        colleges and university transportation centers, 
                        to identify and address workforce skill gaps 
                        and develop skills needed for delivering 
                        quality transit service and supporting employee 
                        career advancement;
                          ``(iii) provide improved capacity for safety, 
                        security, and emergency preparedness in local 
                        transit systems through--
                                  ``(I) developing the role of the 
                                frontline workforce in building and 
                                sustaining safety culture and safety 
                                systems in the industry and in 
                                individual public transportation 
                                systems;
                                  ``(II) specific training, in 
                                coordination with the National Transit 
                                Institute, on security and emergency 
                                preparedness, including protocols for 
                                coordinating with first responders and 
                                working with the broader community to 
                                address natural disasters or other 
                                threats to transit systems; and
                                  ``(III) training to address frontline 
                                worker roles in promoting health and 
                                safety for transit workers and the 
                                riding public, and improving 
                                communication during emergencies 
                                between the frontline workforce and the 
                                riding public;
                          ``(iv) address current or projected workforce 
                        shortages by developing career pathway 
                        partnerships with high schools, community 
                        colleges, and other community organizations for 
                        recruiting and training underrepresented 
                        populations, including minorities, women, 
                        individuals with disabilities, veterans, and 
                        low-income populations as successful transit 
                        employees who can develop careers in the 
                        transit industry; or
                          ``(v) address youth unemployment by directing 
                        the Secretary to award grants to local entities 
                        for work-based training and other work-related 
                        and educational strategies and activities of 
                        demonstrated effectiveness to provide 
                        unemployed, low-income young adults and low-
                        income youth with skills that will lead to 
                        employment.
                  ``(C) Selection of recipients.--To the maximum extent 
                feasible, the Secretary shall select recipients that--
                          ``(i) are geographically diverse;
                          ``(ii) address the workforce and human 
                        resources needs of large public transportation 
                        providers;
                          ``(iii) address the workforce and human 
                        resources needs of small public transportation 
                        providers;
                          ``(iv) address the workforce and human 
                        resources needs of urban public transportation 
                        providers;
                          ``(v) address the workforce and human 
                        resources needs of rural public transportation 
                        providers;
                          ``(vi) advance training related to 
                        maintenance of alternative energy, energy 
                        efficiency, or zero emission vehicles and 
                        facilities used in public transportation;
                          ``(vii) target areas with high rates of 
                        unemployment;
                          ``(viii) address current or projected 
                        workforce shortages in areas that require 
                        technical expertise; and
                          ``(ix) advance opportunities for minorities, 
                        women, veterans, individuals with disabilities, 
                        low-income populations, and other underserved 
                        populations.
                  ``(D) Program outcomes.--A recipient of assistance 
                under this subsection shall demonstrate outcomes for 
                any program that includes skills training, on-the-job 
                training, and work-based learning, including--
                          ``(i) the impact on reducing public 
                        transportation workforce shortages in the area 
                        served;
                          ``(ii) the diversity of training 
                        participants; and
                          ``(iii) the number of participants obtaining 
                        certifications or credentials required for 
                        specific types of employment.
          ``(3) Government's share of costs.--The Government share of 
        the cost of a project carried out using a grant under paragraph 
        (1) or (2) shall be 50 percent.
          ``(4) Use for technical assistance.--The Secretary may use 
        not more than 1 percent of amounts made available to carry out 
        this section to provide technical assistance for activities and 
        programs developed, conducted, and overseen under paragraphs 
        (1) and (2).
  ``(c) National Transit Institute.--
          ``(1) Establishment.--The Secretary shall establish a 
        national transit institute and award grants to a public, 4-year 
        institution of higher education, as defined in section 101(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in 
        order to carry out the duties of the institute.
          ``(2) Duties.--
                  ``(A) In general.--In cooperation with the Federal 
                Transit Administration, State transportation 
                departments, public transportation authorities, and 
                national and international entities, the institute 
                established under paragraph (1) shall develop and 
                conduct training and educational programs for Federal, 
                State, and local transportation employees, United 
                States citizens, and foreign nationals engaged or to be 
                engaged in Government-aid public transportation work.
                  ``(B) Training and educational programs.--The 
                training and educational programs developed under 
                subparagraph (A) may include courses in recent 
                developments, techniques, and procedures related to--
                          ``(i) intermodal and public transportation 
                        planning;
                          ``(ii) management;
                          ``(iii) environmental factors;
                          ``(iv) acquisition and joint-use rights-of-
                        way;
                          ``(v) engineering and architectural design;
                          ``(vi) procurement strategies for public 
                        transportation systems;
                          ``(vii) turnkey approaches to delivering 
                        public transportation systems;
                          ``(viii) new technologies;
                          ``(ix) emission reduction technologies;
                          ``(x) ways to make public transportation 
                        accessible to individuals with disabilities;
                          ``(xi) construction, construction management, 
                        insurance, and risk management;
                          ``(xii) maintenance;
                          ``(xiii) contract administration;
                          ``(xiv) inspection;
                          ``(xv) innovative finance;
                          ``(xvi) workplace safety; and
                          ``(xvii) public transportation security.
          ``(3) Providing education and training.--Education and 
        training of Government, State, and local transportation 
        employees under this subsection shall be provided--
                  ``(A) by the Secretary at no cost to the States and 
                local governments for subjects that are a Government 
                program responsibility; or
                  ``(B) when the education and training are paid under 
                paragraph (4), by the State, with the approval of the 
                Secretary, through grants and contracts with public and 
                private agencies, other institutions, individuals, and 
                the institute.
          ``(4) Availability of amounts.--Not more than 0.5 percent of 
        the amounts made available for a fiscal year beginning after 
        September 30, 1991, to a State or public transportation 
        authority in the State to carry out sections 5307 and 5309 is 
        available for expenditure by the State and public 
        transportation authorities in the State, with the approval of 
        the Secretary, to pay not more than 80 percent of the cost of 
        tuition and direct educational expenses related to educating 
        and training State and local transportation employees under 
        this subsection.''.
  (b) Repeal.--Section 5322 of such title, and the item relating to 
that section in the analysis for chapter 53 of such title, are 
repealed.
  (c) Clerical Amendment.--The analysis for chapter 53 of such title is 
amended by striking the item relating to section 5314 and inserting the 
following:

``5314. Technical assistance and workforce development.''.

SEC. 3010. BICYCLE FACILITIES.

  Section 5319 of title 49, United States Code, is amended--
          (1) by striking ``90 percent'' and inserting ``80 percent''; 
        and
          (2) by striking ``95 percent'' and inserting ``80 percent''.

SEC. 3011. GENERAL PROVISIONS.

  Section 5323 of title 49, United States Code, is amended--
          (1) in subsection (h)--
                  (A) in paragraph (1) by striking ``or'' at the end;
                  (B) by redesignating paragraph (2) as paragraph (3); 
                and
                  (C) by inserting after paragraph (1) the following:
          ``(2) pay incremental costs of incorporating art or 
        landscaping into facilities, including the costs of an artist 
        on the design team; or'';
          (2) in subsection (i) by adding at the end the following:
          ``(3) Acquisition of base-model buses.--A grant for the 
        acquisition of a base-model bus for use in public 
        transportation may be not more than 85 percent of the net 
        project cost.'';
          (3) in subsection (j)(2) by striking subparagraph (C) and 
        inserting the following:
                  ``(C) when procuring rolling stock (including train 
                control, communication, and traction power equipment) 
                under this chapter--
                          ``(i) the cost of components and 
                        subcomponents produced in the United States--
                                  ``(I) for fiscal years 2016 and 2017, 
                                is more than 60 percent of the cost of 
                                all components of the rolling stock;
                                  ``(II) for fiscal years 2018 and 
                                2019, is more than 65 percent of the 
                                cost of all components of the rolling 
                                stock; and
                                  ``(III) for fiscal year 2020 and each 
                                fiscal year thereafter, is more than 70 
                                percent of the cost of all components 
                                of the rolling stock; and
                          ``(ii) final assembly of the rolling stock 
                        has occurred in the United States; or''; and
          (4) by adding at the end the following:
  ``(s) Value Capture Revenue Eligible for Local Share.--A recipient of 
assistance under this chapter may use the revenue generated from value 
capture financing mechanisms as local matching funds for capital 
projects and operating costs eligible under this chapter.
  ``(t) Special Condition on Charter Bus Transportation Service.--If, 
in a fiscal year, the Secretary is prohibited by law from enforcing 
regulations related to charter bus service under part 604 of title 49, 
Code of Federal Regulations, for any transit agency that during fiscal 
year 2008 was both initially granted a 60-day period to come into 
compliance with such part 604, and then was subsequently granted an 
exception from such part--
          ``(1) the transit agency shall be precluded from receiving 
        its allocation of urbanized area formula grant funds for that 
        fiscal year; and
          ``(2) any amounts withheld pursuant to paragraph (1) shall be 
        added to the amount that the Secretary may apportion under 
        section 5336 in the following fiscal year.''.

SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM.

  Section 5329 of title 49, United States Code, is amended--
          (1) in subsection (b)(2)--
                  (A) in subparagraph (C) by striking ``and'' at the 
                end;
                  (B) by redesignating subparagraph (D) as subparagraph 
                (E); and
                  (C) by inserting after subparagraph (C) the 
                following:
                  ``(D) minimum safety standards to ensure the safe 
                operation of public transportation systems that--
                          ``(i) are not related to performance 
                        standards for public transportation vehicles 
                        developed under subparagraph (C); and
                          ``(ii) to the extent practicable, take into 
                        consideration--
                                  ``(I) relevant recommendations of the 
                                National Transportation Safety Board;
                                  ``(II) best practices standards 
                                developed by the public transportation 
                                industry;
                                  ``(III) any minimum safety standards 
                                or performance criteria being 
                                implemented across the public 
                                transportation industry;
                                  ``(IV) relevant recommendations from 
                                the report under section 3018 of the 
                                Surface Transportation Reauthorization 
                                and Reform Act of 2015; and
                                  ``(V) any additional information that 
                                the Secretary determines necessary and 
                                appropriate;'';
          (2) by striking subsection (f) and inserting the following:
  ``(f) Authority of Secretary.--
          ``(1) In general.--In carrying out this section, the 
        Secretary may--
                  ``(A) conduct inspections, investigations, audits, 
                examinations, and testing of the equipment, facilities, 
                rolling stock, and operations of the public 
                transportation system of a recipient;
                  ``(B) make reports and issue directives with respect 
                to the safety of the public transportation system of a 
                recipient or the public transportation industry 
                generally;
                  ``(C) in conjunction with an accident investigation 
                or an investigation into a pattern or practice of 
                conduct that negatively affects public safety, issue a 
                subpoena to, and take the deposition of, any employee 
                of a recipient or a State safety oversight agency, if--
                          ``(i) before the issuance of the subpoena, 
                        the Secretary requests a determination by the 
                        Attorney General as to whether the subpoena 
                        will interfere with an ongoing criminal 
                        investigation; and
                          ``(ii) the Attorney General--
                                  ``(I) determines that the subpoena 
                                will not interfere with an ongoing 
                                criminal investigation; or
                                  ``(II) fails to make a determination 
                                under clause (i) before the date that 
                                is 30 days after the date on which the 
                                Secretary makes a request under clause 
                                (i);
                  ``(D) require the production of documents by, and 
                prescribe recordkeeping and reporting requirements for, 
                a recipient or a State safety oversight agency;
                  ``(E) investigate public transportation accidents and 
                incidents and provide guidance to recipients regarding 
                prevention of accidents and incidents;
                  ``(F) at reasonable times and in a reasonable manner, 
                enter and inspect relevant records of the public 
                transportation system of a recipient; and
                  ``(G) issue rules to carry out this section.
          ``(2) Additional authority.--
                  ``(A) Administration of state safety oversight 
                activities.--If the Secretary finds that a State safety 
                oversight agency that oversees a rail fixed guideway 
                system operating in more than 2 States has become 
                incapable of providing adequate safety oversight of 
                such system, the Secretary may administer State safety 
                oversight activities for such rail fixed guideway 
                system until the States develop a State safety 
                oversight program certified by the Secretary in 
                accordance with subsection (e).
                  ``(B) Funding.--To carry out administrative and 
                oversight activities authorized by this paragraph, the 
                Secretary may use--
                          ``(i) grant funds apportioned to an eligible 
                        State under subsection (e)(6) to develop or 
                        carry out a State safety oversight program; and
                          ``(ii) grant funds apportioned to an eligible 
                        State under subsection (e)(6) that have not 
                        been obligated within the administrative period 
                        of availability.'';
          (3) in subsection (g)(1)--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``an eligible State, as defined in subsection 
                (e),'' and inserting ``a recipient'';
                  (B) in subparagraph (C) by striking ``and'' at the 
                end;
                  (C) in subparagraph (D) by striking the period at the 
                end and inserting ``; or''; and
                  (D) by adding at the end the following:
                  ``(E) withholding not more than 25 percent of 
                financial assistance under section 5307.''; and
          (4) in subsection (g)(2)--
                  (A) in subparagraph (A)--
                          (i) by inserting after ``funds'' the 
                        following: ``or withhold funds''; and
                          (ii) by inserting ``or (1)(E)'' after 
                        ``paragraph (1)(D)'';
                  (B) by redesignating subparagraph (B) as subparagraph 
                (C); and
                  (C) by inserting after subparagraph (A) the 
                following:
                  ``(B) Limitation.--The Secretary may only withhold 
                funds in accordance with paragraph (1)(E), if 
                enforcement actions under subparagraph (A), (B), (C), 
                or (D) did not bring the recipient into compliance.''.

SEC. 3013. APPORTIONMENTS.

  Section 5336 of title 49, United States Code, is amended--
          (1) in subsection (a) in the matter preceding paragraph (1) 
        by striking ``subsection (h)(4)'' and inserting ``subsection 
        (g)(5)'';
          (2) in subsection (b)(2)(E) by striking ``22.27 percent'' and 
        inserting ``27 percent'';
          (3) by striking subsection (g) and redesignating subsections 
        (h), (i), and (j) as subsections (g), (h), and (i), 
        respectively;
          (4) in subsection (g) (as so redesignated)--
                  (A) in paragraph (2) by striking ``subsection (j)'' 
                and inserting ``subsection (i)''; and
                  (B) by striking paragraph (3) and inserting the 
                following:
          ``(3) of amounts not apportioned under paragraphs (1) and 
        (2)--
                  ``(A) for fiscal years 2016 through 2018, 1.5 percent 
                shall be apportioned to urbanized areas with 
                populations of less than 200,000 in accordance with 
                subsection (h); and
                  ``(B) for fiscal years 2019 through 2021, 2 percent 
                shall be apportioned to urbanized areas with 
                populations of less than 200,000 in accordance with 
                subsection (h);'';
          (5) in subsection (h)(2)(A) (as so redesignated) by striking 
        ``subsection (h)(3)'' and inserting ``subsection (g)(3)''; and
          (6) in subsection (i) (as so redesignated) by striking 
        ``subsection (h)(2)'' and inserting ``subsection (g)(2)''.

SEC. 3014. STATE OF GOOD REPAIR GRANTS.

  Section 5337 of title 49, United States Code, is amended--
          (1) in subsection (d)--
                  (A) in paragraph (1) by striking ``on a facility with 
                access for other high-occupancy vehicles'' and 
                inserting ``on high-occupancy vehicle lanes during peak 
                hours'';
                  (B) in paragraph (2) by inserting ``vehicle'' after 
                ``motorbus''; and
                  (C) by adding at the end the following:
          ``(5) Use of funds.--A recipient in an urbanized area may use 
        any portion of the amount apportioned to the recipient under 
        this subsection for high intensity fixed guideway state of good 
        repair projects under subsection (c) if the recipient 
        demonstrates to the satisfaction of the Secretary that the high 
        intensity motorbus public transportation vehicles in the 
        urbanized area are in a state of good repair.''; and
          (2) by adding at the end the following:
  ``(e) Government Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project under 
        this section shall be for 80 percent of the net project cost of 
        the project. The recipient may provide additional local 
        matching amounts.
          ``(2) Remaining costs.--The remainder of the net project cost 
        shall be provided--
                  ``(A) in cash from non-Government sources other than 
                revenues from providing public transportation services;
                  ``(B) from revenues derived from the sale of 
                advertising and concessions;
                  ``(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or 
                new capital; or
                  ``(D) from amounts appropriated or otherwise made 
                available to a department or agency of the Government 
                (other than the Department of Transportation) that are 
                eligible to be expended for transportation.''.

SEC. 3015. AUTHORIZATIONS.

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

``Sec. 5338. Authorizations

  ``(a) Formula Grants.--
          ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5310, 5311, 5314(c), 5318, 5335, 5337, 5339, and 
        5340, and section 20005(b) of the Federal Public Transportation 
        Act of 2012--
                  ``(A) $8,723,925,000 for fiscal year 2016;
                  ``(B) $8,879,211,000 for fiscal year 2017;
                  ``(C) $9,059,459,000 for fiscal year 2018;
                  ``(D) $9,240,648,000 for fiscal year 2019;
                  ``(E) $9,429,000,000 for fiscal year 2020; and
                  ``(F) $9,617,580,000 for fiscal year 2021.
          ``(2) Allocation of funds.--
                  ``(A) Section 5305.--Of the amounts made available 
                under paragraph (1), there shall be available to carry 
                out section 5305--
                          ``(i) $128,800,000 for fiscal year 2016;
                          ``(ii) $128,800,000 for fiscal year 2017;
                          ``(iii) $131,415,000 for fiscal year 2018;
                          ``(iv) $134,043,000 for fiscal year 2019;
                          ``(v) $136,775,000 for fiscal year 2020; and
                          ``(vi) $139,511,000 for fiscal year 2021.
                  ``(B) Pilot program.--$10,000,000 for each of fiscal 
                years 2016 through 2021, shall be available to carry 
                out section 20005(b) of the Federal Public 
                Transportation Act of 2012;
                  ``(C) Section 5307.--Of the amounts made available 
                under paragraph (1), there shall be allocated in 
                accordance with section 5336 to provide financial 
                assistance for urbanized areas under section 5307--
                          ``(i) $4,458,650,000 for fiscal year 2016;
                          ``(ii) $4,458,650,000 for fiscal year 2017;
                          ``(iii) $4,549,161,000 for fiscal year 2018;
                          ``(iv) $4,640,144,000 for fiscal year 2019;
                          ``(v) $4,734,724,000 for fiscal year 2020; 
                        and
                          ``(vi) $4,829,418,000 for fiscal year 2021.
                  ``(D) Section 5310.--Of the amounts made available 
                under paragraph (1), there shall be available to 
                provide financial assistance for services for the 
                enhanced mobility of seniors and individuals with 
                disabilities under section 5310--
                          ``(i) $262,175,000 for fiscal year 2016;
                          ``(ii) $266,841,000 for fiscal year 2017;
                          ``(iii) $272,258,000 for fiscal year 2018;
                          ``(iv) $277,703,000 for fiscal year 2019;
                          ``(v) $283,364,000 for fiscal year 2020; and
                          ``(vi) $289,031,000 for fiscal year 2021.
                  ``(E) Section 5311.--
                          ``(i) In general.--Of the amounts made 
                        available under paragraph (1), there shall be 
                        available to provide financial assistance for 
                        rural areas under section 5311--
                                  ``(I) $607,800,000 for fiscal year 
                                2016;
                                  ``(II) $607,800,000 for fiscal year 
                                2017;
                                  ``(III) $620,138,000 for fiscal year 
                                2018;
                                  ``(IV) $632,541,000 for fiscal year 
                                2019;
                                  ``(V) $645,434,000 for fiscal year 
                                2020; and
                                  ``(VI) $658,343,000 for fiscal year 
                                2021.
                          ``(ii) Suballocation.--Of the amounts made 
                        available under clause (i)--
                                  ``(I) there shall be available to 
                                carry out section 5311(c)(1) not less 
                                than $30,000,000 for each of fiscal 
                                years 2016 through 2021; and
                                  ``(II) there shall be available to 
                                carry out section 5311(c)(2) not less 
                                than $20,000,000 for each of fiscal 
                                years 2016 through 2021.
                  ``(F) Section 5314(c).--Of the amounts made available 
                under paragraph (1), there shall be available for the 
                national transit institute under section 5314(c) 
                $5,000,000 for each of fiscal years 2016 through 2021.
                  ``(G) Section 5318.--Of the amounts made available 
                under paragraph (1), there shall be available for bus 
                testing under section 5318 $3,000,000 for each of 
                fiscal years 2016 through 2021.
                  ``(H) Section 5335.--Of the amounts made available 
                under paragraph (1), there shall be available to carry 
                out section 5335 $3,850,000 for each of fiscal years 
                2016 through 2021.
                  ``(I) Section 5337.--Of the amounts made available 
                under paragraph (1), there shall be available to carry 
                out section 5337--
                          ``(i) $2,198,389,000 for fiscal year 2016;
                          ``(ii) $2,237,520,000 for fiscal year 2017;
                          ``(iii) $2,282,941,000 for fiscal year 2018;
                          ``(iv) $2,328,600,000 for fiscal year 2019;
                          ``(v) $2,376,064,000 for fiscal year 2020; 
                        and
                          ``(vi) $2,423,585,000 for fiscal year 2021.
                  ``(J) Section 5339(c).--Of the amounts made available 
                under paragraph (1), there shall be available for bus 
                and bus facilities programs under section 5339(c)--
                          ``(i) $430,000,000 for fiscal year 2016;
                          ``(ii) $431,850,000 for fiscal year 2017;
                          ``(iii) $445,120,000 for fiscal year 2018;
                          ``(iv) $458,459,000 for fiscal year 2019;
                          ``(v) $472,326,000 for fiscal year 2020; and
                          ``(vi) $486,210,000 for fiscal year 2021.
                  ``(K) Section 5339(d).--Of the amounts made available 
                under paragraph (1), there shall be available for bus 
                and bus facilities competitive grants under 5339(d)--
                          ``(i) $90,000,000 for fiscal year 2016; and
                          ``(ii) $200,000,000 for each of fiscal years 
                        2017 through 2021.
                  ``(L) Section 5340.--Of the amounts made available 
                under paragraph (1), there shall be allocated in 
                accordance with section 5340 to provide financial 
                assistance for urbanized areas under section 5307 and 
                rural areas under section 5311--
                          ``(i) $525,900,000 for fiscal year 2016;
                          ``(ii) $525,900,000 for fiscal year 2017;
                          ``(iii) $536,576,000 for fiscal year 2018;
                          ``(iv) $547,307,000 for fiscal year 2019;
                          ``(v) $558,463,000 for fiscal year 2020; and
                          ``(vi) $569,632,000 for fiscal year 2021.
  ``(b) Research, Development Demonstration and Deployment Projects.--
There are authorized to be appropriated to carry out section 5312--
          ``(1) $33,495,000 for fiscal year 2016;
          ``(2) $34,091,000 for fiscal year 2017;
          ``(3) $34,783,000 for fiscal year 2018;
          ``(4) $35,479,000 for fiscal year 2019;
          ``(5) $36,202,000 for fiscal year 2020; and
          ``(6) $36,926,000 for fiscal year 2021.
  ``(c) Technical Assistance, Standards, and Workforce Development.--
There are authorized to be appropriated to carry out section 5314--
          ``(1) $6,156,000 for fiscal year 2016;
          ``(2) $8,152,000 for fiscal year 2017;
          ``(3) $10,468,000 for fiscal year 2018;
          ``(4) $12,796,000 for fiscal year 2019;
          ``(5) $15,216,000 for fiscal year 2020; and
          ``(6) $17,639,000 for fiscal year 2021.
  ``(d) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309--
          ``(1) $2,029,000,000 for fiscal year 2016;
          ``(2) $2,065,000,000 for fiscal year 2017;
          ``(3) $2,106,000,000 for fiscal year 2018;
          ``(4) $2,149,000,000 for fiscal year 2019;
          ``(5) $2,193,000,000 for fiscal year 2020; and
          ``(6) $2,237,000,000 for fiscal year 2021.
  ``(e) Administration.--
          ``(1) In general.--There are authorized to be appropriated to 
        carry out section 5334, $105,933,000 for fiscal years 2016 
        through 2021.
          ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $4,500,000 for 
        each of fiscal years 2016 through 2021 shall be available to 
        carry out section 5329.
          ``(3) Section 5326.--Of the amounts made available under 
        paragraph (1), not less than $1,000,000 for each of fiscal 
        years 2016 through 2021 shall be available to carry out section 
        5326.
  ``(f) Period of Availability.--Amounts made available by or 
appropriated under this section shall remain available for obligation 
for a period of 3 years after the last day of the fiscal year for which 
the funds are authorized.
  ``(g) Grants as Contractual Obligations.--
          ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
          ``(2) Grants financed from general fund.--A grant or contract 
        that is approved by the Secretary and financed with amounts 
        appropriated in advance from the general fund of the Treasury 
        pursuant to this section is a contractual obligation of the 
        Government to pay the Government share of the cost of the 
        project only to the extent that amounts are appropriated for 
        such purpose by an Act of Congress.
  ``(h) Oversight.--
          ``(1) In general.--Of the amounts made available to carry out 
        this chapter for a fiscal year, the Secretary may use not more 
        than the following amounts for the activities described in 
        paragraph (2):
                  ``(A) 0.5 percent of amounts made available to carry 
                out section 5305.
                  ``(B) 0.75 percent of amounts made available to carry 
                out section 5307.
                  ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                  ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 122 Stat. 
                4968).
                  ``(E) 0.5 percent of amounts made available to carry 
                out section 5310.
                  ``(F) 0.5 percent of amounts made available to carry 
                out section 5311.
                  ``(G) 0.75 percent of amounts made available to carry 
                out section 5337(c), of which not less than 0.25 
                percent shall be available to carry out section 5329.
                  ``(H) 0.75 percent of amounts made available to carry 
                out section 5339.
          ``(2) Activities.--The activities described in this paragraph 
        are as follows:
                  ``(A) Activities to oversee the construction of a 
                major capital project.
                  ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                  ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
          ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection.
          ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.''.

SEC. 3016. BUS AND BUS FACILITY GRANTS.

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

``Sec. 5339. Bus and bus facility grants

  ``(a) General Authority.--The Secretary may make grants under this 
section to assist eligible recipients described in subsection (b)(1) in 
financing capital projects--
          ``(1) to replace, rehabilitate, and purchase buses and 
        related equipment; and
          ``(2) to construct bus-related facilities.
  ``(b) Eligible Recipients and Subrecipients.--
          ``(1) Recipients.--Eligible recipients under this section are 
        designated recipients that operate fixed route bus service or 
        that allocate funding to fixed route bus operators.
          ``(2) Subrecipients.--A designated recipient that receives a 
        grant under this section may allocate amounts of the grant to 
        subrecipients that are public agencies or private nonprofit 
        organizations engaged in public transportation.
  ``(c) Formula Grant Distribution of Funds.--
          ``(1) In general.--Funds made available for making grants 
        under this subsection shall be distributed as follows:
                  ``(A) National distribution.--$65,500,000 for each of 
                fiscal years 2016 through 2021 shall be allocated to 
                all States and territories, with each State receiving 
                $1,250,000, and each territory receiving $500,000, for 
                each such fiscal year.
                  ``(B) Distribution using population and service 
                factors.--The remainder of the funds not otherwise 
                distributed under paragraph (1) shall be allocated 
                pursuant to the formula set forth in section 5336 
                (other than subsection (b) of that section).
          ``(2) Transfers of apportionments.--
                  ``(A) Transfer flexibility for national distribution 
                funds.--The Governor of a State may transfer any part 
                of the State's apportionment under subparagraph (A) to 
                supplement--
                          ``(i) amounts apportioned to the State under 
                        section 5311(c); or
                          ``(ii) amounts apportioned to urbanized areas 
                        under subsections (a) and (c) of section 5336.
                  ``(B) Transfer flexibility for population and service 
                factors funds.--The Governor of a State may expend in 
                an urbanized area with a population of less than 
                200,000 any amounts apportioned under paragraph (1)(B) 
                that are not allocated to designated recipients in 
                urbanized areas with a population of 200,000 or more.
          ``(3) Period of availability to recipients.--
                  ``(A) In general.--Amounts made available under this 
                subsection may be obligated by a recipient for 3 years 
                after the fiscal year in which the amount is 
                apportioned.
                  ``(B) Reapportionment of unobligated amounts.--Not 
                later than 30 days after the end of the 3-year period 
                described in subparagraph (A), any amount that is not 
                obligated on the last day of that period shall be added 
                to the amount that may be apportioned under this 
                subsection in the next fiscal year.
          ``(4) Pilot program for cost-effective capital investment.--
                  ``(A) In general.--For each of fiscal years 2016 
                through 2021, the Secretary shall carry out a pilot 
                program under which an eligible designated recipient 
                (as described in subsection (c)(1)) in an urbanized 
                area with population of not less than 200,000 and not 
                more than 999,999 may elect to participate in a State 
                pool in accordance with this paragraph.
                  ``(B) Purpose of state pools.--The purpose of a State 
                pool shall be to allow for transfers of formula grant 
                funds made available under this subsection among the 
                designated recipients participating in the State pool 
                in a manner that supports the transit asset management 
                plans of the designated recipients under section 5326.
                  ``(C) Requests for participation.--A State, and 
                designated recipients in the State described in 
                subparagraph (A), may submit to the Secretary a request 
                for participation in the program under procedures to be 
                established by the Secretary. A designated recipient 
                for a multistate area may participate in only 1 State 
                pool.
                  ``(D) Allocations to participating states.--For each 
                fiscal year, the Secretary shall allocate to each State 
                participating in the program the total amount of funds 
                that otherwise would be allocated to the urbanized 
                areas of the designated recipients participating in the 
                State's pool for that fiscal year pursuant to the 
                formula referred to in paragraph (1).
                  ``(E) Allocations to designated recipients in state 
                pools.--A State shall distribute the amount that is 
                allocated to the State for a fiscal year under 
                subparagraph (D) among the designated recipients 
                participating in the State's pool in a manner that 
                supports the transit asset management plans of the 
                recipients under section 5326.
                  ``(F) Allocation plans.--A State participating in the 
                program shall develop an allocation plan for the period 
                of fiscal years 2016 through 2021 to ensure that a 
                designated recipient participating in the State's pool 
                receives under the program an amount of funds that 
                equals the amount of funds that would have otherwise 
                been available to the designated recipient for that 
                period pursuant to the formula referred to in paragraph 
                (1).
                  ``(G) Grants.--The Secretary shall make grants under 
                this subsection for a fiscal year to a designated 
                recipient participating in a State pool following 
                notification by the State of the allocation amount 
                determined under subparagraph (E).
  ``(d) Competitive Grants for Bus State of Good Repair.--
          ``(1) In general.--The Secretary may make grants under this 
        subsection to eligible recipients described in subsection 
        (b)(1) to assist in financing capital projects described in 
        subsection (a).
          ``(2) Grant considerations.--In making grants under this 
        subsection, the Secretary shall consider the age and condition 
        of buses, bus fleets, related equipment, and bus-related 
        facilities of an eligible recipient.
          ``(3) Statewide applications.--A State may submit a statewide 
        application on behalf of a public agency or private nonprofit 
        organization engaged in public transportation in rural areas or 
        other areas for which the State allocates funds. The submission 
        of a statewide application shall not preclude the submission 
        and consideration of any application under this subsection from 
        other eligible recipients in an urbanized area in a State.
          ``(4) Requirements for secretary.--The Secretary shall--
                  ``(A) disclose all metrics and evaluation procedures 
                to be used in considering grant applications under this 
                subsection upon issuance of the notice of funding 
                availability in the Federal Register; and
                  ``(B) publish a summary of final scores for selected 
                projects, metrics, and other evaluations used in 
                awarding grants under this subsection in the Federal 
                Register.
          ``(5) Availability of funds.--Any amounts made available to 
        carry out this subsection--
                  ``(A) shall remain available for 2 fiscal years after 
                the fiscal year for which the amount is made available; 
                and
                  ``(B) following the period of availability shall be 
                made available to be apportioned under subsection (c) 
                for the following fiscal year.
          ``(6) Limitation.--Of the amounts made available under this 
        subsection, not more than 15 percent in fiscal year 2016 and 
        not more than 5 percent in each of fiscal years 2017 through 
        2021 may be awarded to a single recipient.
          ``(7) Grant flexibility.--If the Secretary determines that 
        there are not sufficient grant applications that meet the 
        metrics described in paragraph (4)(A) to utilize the full 
        amount of funds made available to carry out this subsection for 
        a fiscal year, the Secretary may use the remainder of the funds 
        for making apportionments under sections 5307 and 5311.
  ``(e) Generally Applicable Provisions.--
          ``(1) Grant requirements.--A grant under this section shall 
        be subject to the requirements of--
                  ``(A) section 5307 for recipients of grants made in 
                urbanized areas; and
                  ``(B) section 5311 for recipients of grants made in 
                rural areas.
          ``(2) Government's share of costs.--
                  ``(A) Capital projects.--A grant for a capital 
                project under this section shall be for 80 percent of 
                the net capital costs of the project. A recipient of a 
                grant under this section may provide additional local 
                matching amounts.
                  ``(B) Remaining costs.--The remainder of the net 
                project cost shall be provided--
                          ``(i) in cash from non-Government sources 
                        other than revenues from providing public 
                        transportation services;
                          ``(ii) from revenues derived from the sale of 
                        advertising and concessions;
                          ``(iii) from an undistributed cash surplus, a 
                        replacement or depreciation cash fund or 
                        reserve, or new capital; or
                          ``(iv) from amounts received under a service 
                        agreement with a State or local social service 
                        agency or private social service organization.
  ``(f) Definitions.--In this section, the following definitions apply:
          ``(1) State.--The term `State' means a State of the United 
        States.
          ``(2) Territory.--The term `territory' means the District of 
        Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
        American Samoa, and the United States Virgin Islands.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by striking the item relating to section 
5339 and inserting the following:

``5339. Bus and bus facility grants.''.

SEC. 3017. OBLIGATION CEILING.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by subsection (a) of section 5338 of title 
49, United States Code, shall not exceed--
          (1) $8,724,000,000 in fiscal year 2016;
          (2) $8,879,000,000 in fiscal year 2017;
          (3) $9,059,000,000 in fiscal year 2018;
          (4) $9,240,000,000 in fiscal year 2019;
          (5) $9,429,000,000 in fiscal year 2020; and
          (6) $9,618,000,000 in fiscal year 2021.

SEC. 3018. INNOVATIVE PROCUREMENT.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Cooperative procurement contract.--The term ``cooperative 
        procurement contract'' means a contract--
                  (A) entered into between a State government and 1 or 
                more vendors; and
                  (B) under which the vendors agree to provide an 
                option to purchase rolling stock and related equipment 
                to multiple participants.
          (2) Lead procurement agency.--The term ``lead procurement 
        agency'' means a State government that acts in an 
        administrative capacity on behalf of each participant in a 
        cooperative procurement contract.
          (3) Participant.--The term ``participant'' means a grantee 
        that participates in a cooperative procurement contract.
          (4) Participate.--The term ``participate'' means to purchase 
        rolling stock and related equipment under a cooperative 
        procurement contract using assistance provided under chapter 53 
        of title 49, United States Code.
          (5) Grantee.--The term ``grantee'' means a recipient and 
        subrecipient of assistance under chapter 53 of title 49, United 
        States Code.
  (b) Cooperative Procurement.--
          (1) General rules.--
                  (A) Procurement not limited to intrastate 
                participants.--A grantee may participate in a 
                cooperative procurement contract without regard to 
                whether the grantee is located in the same State as the 
                parties to the contract.
                  (B) Voluntary participation.--Participation by 
                grantees in a cooperative procurement contract shall be 
                voluntary.
          (2) Authority.--A State government may enter into a 
        cooperative procurement contract with 1 or more vendors if the 
        vendors agree to provide an option to purchase rolling stock 
        and related equipment to the lead procurement agency and any 
        other participant.
          (3) Applicability of policies and procedures.--In procuring 
        rolling stock and related equipment under a cooperative 
        procurement contract under this subsection, a lead procurement 
        agency shall comply with the policies and procedures that apply 
        to procurement by the State government when using non-Federal 
        funds, to the extent that the policies and procedures are in 
        conformance with applicable Federal law.
  (c) Joint Procurement Clearinghouse.--
          (1) In general.--The Secretary shall establish a 
        clearinghouse for the purpose of allowing grantees to aggregate 
        planned rolling stock purchases and identify joint procurement 
        participants.
          (2) Information on procurements.--The clearinghouse may 
        include information on bus size, engine type, floor type, and 
        any other attributes necessary to identify joint procurement 
        participants.
          (3) Limitations.--
                  (A) Access.--The clearinghouse shall only be 
                accessible to the Federal Transit Administration and 
                grantees.
                  (B) Participation.--No grantees shall be required to 
                submit procurement information to the database.

SEC. 3019. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.

          (1) Review required.--
                  (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Secretary shall 
                begin a review of the safety standards and protocols 
                used in public transportation systems in the United 
                States that examines the efficacy of existing standards 
                and protocols.
                  (B) Contents of review.--In conducting the review 
                under this paragraph, the Secretary shall review--
                          (i) minimum safety performance standards 
                        developed by the public transportation 
                        industry;
                          (ii) safety performance standards, practices, 
                        or protocols in use by rail fixed guideway 
                        public transportation systems, including--
                                  (I) written emergency plans and 
                                procedures for passenger evacuations;
                                  (II) training programs to ensure 
                                public transportation personnel 
                                compliance and readiness in emergency 
                                situations;
                                  (III) coordination plans approved by 
                                recipients with local emergency 
                                responders having jurisdiction over a 
                                rail fixed guideway public 
                                transportation system, including--
                                          (aa) emergency preparedness 
                                        training, drills, and 
                                        familiarization programs for 
                                        the first responders; and
                                          (bb) the scheduling of 
                                        regular field exercises to 
                                        ensure appropriate response and 
                                        effective radio and public 
                                        safety communications;
                                  (IV) maintenance, testing, and 
                                inspection programs to ensure the 
                                proper functioning of--
                                          (aa) tunnel, station, and 
                                        vehicle ventilation systems;
                                          (bb) signal and train control 
                                        systems, track, mechanical 
                                        systems, and other 
                                        infrastructure; and
                                          (cc) other systems as 
                                        necessary;
                                  (V) certification requirements for 
                                train and bus operators and control 
                                center employees;
                                  (VI) consensus-based standards, 
                                practices, or protocols available to 
                                the public transportation industry; and
                                  (VII) any other standards, practices, 
                                or protocols the Secretary determines 
                                appropriate; and
                          (iii) rail and bus safety standards, 
                        practices, or protocols in use by public 
                        transportation systems, regarding--
                                  (I) rail and bus design and the 
                                workstation of rail and bus operators, 
                                as it relates to--
                                          (aa) the reduction of 
                                        blindspots that contribute to 
                                        accidents involving 
                                        pedestrians; and
                                          (bb) protecting rail and bus 
                                        operators from the risk of 
                                        assault;
                                  (II) scheduling fixed route rail and 
                                bus service with adequate time and 
                                access for operators to use restroom 
                                facilities;
                                  (III) fatigue management; and
                                  (IV) crash avoidance and worthiness.
          (2) Evaluation.--After conducting the review under paragraph 
        (1), the Secretary shall, in consultation with representatives 
        of the public transportation industry, evaluate the need to 
        establish additional Federal minimum public transportation 
        safety standards.
          (3) Report.--After completing the review and evaluation 
        required under paragraphs (1) and (2), but not later than 1 
        year after the date of enactment of this Act, the Secretary 
        shall make available on a publicly accessible Web site, a 
        report that includes--
                  (A) findings based on the review conducted under 
                paragraph (1);
                  (B) the outcome of the evaluation conducted under 
                paragraph (2);
                  (C) a comprehensive set of recommendations to improve 
                the safety of the public transportation industry, 
                including recommendations for statutory changes if 
                applicable; and
                  (D) actions that the Secretary will take to address 
                the recommendations provided under subparagraph (C), 
                including, if necessary, the authorities under section 
                5329(b)(2)(D) of chapter 53 of title 49, United States 
                Code.

SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC TRANSPORTATION 
                    SAFETY PROGRAM INFORMATION.

  (a) Study.--The Comptroller General shall complete a study to 
evaluate whether it is in the public interest, including public safety 
and the legal rights of persons injured in public transportation 
accidents, to withhold from discovery or admission into evidence in a 
Federal or State court proceeding any plan, report, data, or other 
information or portion thereof, submitted to, developed, produced, 
collected, or obtained by the Secretary or the Secretary's 
representative for purposes of complying with the requirements under 
section 5329 of chapter 53 of title 49, United States Code, including 
information related to a recipient's safety plan, safety risks, and 
mitigation measures.
  (b) Input.--In conducting the study under subsection (a), the 
Comptroller General shall solicit input from the public transportation 
recipients, public transportation nonprofit employee labor 
organizations, and impacted members of the general public.
  (c) Report.--Not later than 18 months after the date of enactment of 
this section, the Comptroller General shall issue a report, with the 
findings of the study under subsection (a), including any 
recommendations on statutory changes regarding evidentiary protections 
that will increase transit safety.

SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Allocated cost model.--The term ``allocated cost model'' 
        means a method of determining the cost of trips by allocating 
        the cost to each trip purpose served by a transportation 
        provider in a manner that is proportional to the level of 
        transportation service that the transportation provider 
        delivers for each trip purpose, to the extent permitted by 
        applicable Federal laws.
          (2) Council.--The term ``Council'' means the Interagency 
        Transportation Coordinating Council on Access and Mobility 
        established under Executive Order 13330 (49 U.S.C. 101 note).
  (b) Strategic Plan.--Not later than 1 year after the date of 
enactment of this Act, the Council shall publish a strategic plan for 
the Council that--
          (1) outlines the role and responsibilities of each Federal 
        agency with respect to local transportation coordination, 
        including nonemergency medical transportation;
          (2) identifies a strategy to strengthen interagency 
        collaboration;
          (3) addresses any outstanding recommendations made by the 
        Council in the 2005 Report to the President relating to the 
        implementation of Executive Order 13330, including--
                  (A) a cost-sharing policy endorsed by the Council; 
                and
                  (B) recommendations to increase participation by 
                recipients of Federal grants in locally developed, 
                coordinated planning processes;
          (4) to the extent feasible, addresses recommendations by the 
        Comptroller General of the United States concerning local 
        coordination of transportation services;
          (5) examines and proposes changes to Federal regulations that 
        will eliminate Federal barriers to local transportation 
        coordination, including non-emergency medical transportation; 
        and
          (6) recommends to Congress changes to Federal laws, except 
        chapter 53 of title 49, United States Code, that will eliminate 
        Federal barriers to local transportation coordination, 
        including nonemergency medical transportation.
  (c) Development of Cost-Sharing Policy in Compliance With Applicable 
Federal Laws.--In establishing the cost-sharing policy required under 
subsection (b), the Council may consider, to the extent practicable--
          (1) the development of recommended strategies for grantees of 
        programs funded by members of the Council, including strategies 
        for grantees of programs that fund nonemergency medical 
        transportation, to use the cost-sharing policy in a manner that 
        does not violate applicable Federal laws; and
          (2) incorporation of an allocated cost model to facilitate 
        local coordination efforts that comply with applicable 
        requirements of programs funded by members of the Council, such 
        as--
                  (A) eligibility requirements;
                  (B) service delivery requirements; and
                  (C) reimbursement requirements.

SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES.

  (a) Requirements.--Not later than 90 days after publication of the 
report required in section 3019, the Secretary shall issue a notice of 
proposed rulemaking on protecting transit operators from the risk of 
assault.
  (b) Consideration.--In the proposed rulemaking the Secretary shall 
consider--
          (1) different safety needs of drivers of different modes;
          (2) differences in operating environments;
          (3) the use of technology to mitigate driver assault risks;
          (4) existing experience, from both agencies and operators who 
        already are using or testing driver assault mitigation 
        infrastructure; and
          (5) the impact of the rule on future rolling stock 
        procurements and vehicles currently in revenue service.
  (c) Savings Clause.--Nothing in this section may be construed as 
prohibiting the Secretary from issuing different comprehensive worker 
protections, including standards for mitigating assaults.

SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN.

  Notwithstanding the provisions of part 37.131(c) of title 49, Code of 
Federal Regulations, any paratransit system currently coordinating 
complementary paratransit service for more than 40 fixed route agencies 
shall be permitted to continue using an existing tiered, distance-based 
coordinated paratransit fare system.

                        TITLE IV--HIGHWAY SAFETY

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit Account):
          (1) Highway safety programs.--For carrying out section 402 of 
        title 23, United States Code--
                  (A) $260,274,200 for fiscal year 2016;
                  (B) $265,935,829 for fiscal year 2017;
                  (C) $271,787,002 for fiscal year 2018;
                  (D) $278,090,300 for fiscal year 2019;
                  (E) $284,874,829 for fiscal year 2020; and
                  (F) $291,195,558 for fiscal year 2021.
          (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                  (A) $115,951,600 for fiscal year 2016;
                  (B) $118,398,179 for fiscal year 2017;
                  (C) $121,665,968 for fiscal year 2018;
                  (D) $124,926,616 for fiscal year 2019;
                  (E) $128,187,201 for fiscal year 2020; and
                  (F) $131,455,975 for fiscal year 2021.
          (3) National priority safety programs.--For carrying out 
        section 405 of title 23, United States Code--
                  (A) $275,862,400 for fiscal year 2016;
                  (B) $281,186,544 for fiscal year 2017;
                  (C) $286,500,970 for fiscal year 2018;
                  (D) $292,316,940 for fiscal year 2019;
                  (E) $298,601,754 for fiscal year 2020; and
                  (F) $304,394,628 for fiscal year 2021.
          (4) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                  (A) $5,000,000 for fiscal year 2016;
                  (B) $5,000,000 for fiscal year 2017;
                  (C) $5,000,000 for fiscal year 2018;
                  (D) $5,000,000 for fiscal year 2019;
                  (E) $5,000,000 for fiscal year 2020; and
                  (F) $5,000,000 for fiscal year 2021.
          (5) High-visibility enforcement program.--For carrying out 
        section 404 of title 23, United States Code--
                  (A) $29,411,800 for fiscal year 2016;
                  (B) $29,979,448 for fiscal year 2017;
                  (C) $30,546,059 for fiscal year 2018;
                  (D) $31,166,144 for fiscal year 2019;
                  (E) $31,836,216 for fiscal year 2020; and
                  (F) $32,453,839 for fiscal year 2021.
          (6) Administrative expenses.--For administrative and related 
        operating expenses of the National Highway Traffic Safety 
        Administration in carrying out chapter 4 of title 23, United 
        States Code, and this title--
                  (A) $25,500,000 for fiscal year 2016;
                  (B) $25,500,000 for fiscal year 2017;
                  (C) $25,500,000 for fiscal year 2018;
                  (D) $25,500,000 for fiscal year 2019;
                  (E) $25,500,000 for fiscal year 2020; and
                  (F) $25,500,000 for fiscal year 2021.
  (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, the amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) for a program under such 
chapters--
          (1) shall only be used to carry out such program; and
          (2) may not be used by States or local governments for 
        construction purposes.
  (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, amounts made available under subsection (a) for 
fiscal years 2016 through 2021 shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code.
  (d) State Matching Requirements.--If a grant awarded under chapter 4 
of title 23, United States Code, requires a State to share in the cost, 
the aggregate of all expenditures for highway safety activities made 
during a fiscal year by the State and its political subdivisions 
(exclusive of Federal funds) for carrying out the grant (other than 
planning and administration) that are in excess of the amount required 
under Federal law shall be available for the purpose of crediting the 
State during such fiscal year for the non-Federal share of the cost of 
any other project carried out under chapter 4 of title 23, United 
States Code (other than planning or administration), without regard to 
whether such expenditures were made in connection with such project.
  (e) Grant Application and Deadline.--To receive a grant under chapter 
4 of title 23, United States Code, a State shall submit an application, 
and the Secretary shall establish a single deadline for such 
applications to enable the award of grants early in the next fiscal 
year.

SEC. 4002. HIGHWAY SAFETY PROGRAMS.

  Section 402 of title 23, United States Code, is amended--
          (1) in subsection (a)(2)(A)--
                  (A) in clause (vi) by striking ``and'' at the end;
                  (B) in clause (vii) by inserting ``and'' after the 
                semicolon; and
                  (C) by adding at the end the following:
                          ``(viii) to increase driver awareness of 
                        commercial motor vehicles to prevent crashes 
                        and reduce injuries and fatalities;'';
          (2) in subsection (c)(4), by adding at the end the following:
                  ``(C) Survey.--A State shall expend funds apportioned 
                to that State under this section to conduct a biennial 
                survey that the Secretary shall make publicly available 
                through the Internet Web site of the Department of 
                Transportation that includes--
                          ``(i) a list of automated traffic enforcement 
                        systems in the State;
                          ``(ii) adequate data to measure the 
                        transparency, accountability, and safety 
                        attributes of each automated traffic 
                        enforcement system; and
                          ``(iii) a comparison of each automated 
                        traffic enforcement system with--
                                  ``(I) Speed Enforcement Camera 
                                Systems Operational Guidelines (DOT HS 
                                810 916, March 2008); and
                                  ``(II) Red Light Camera Systems 
                                Operational Guidelines (FHWA-SA-05-002, 
                                January 2005).'';
          (3) by striking subsection (g) and inserting the following:
  ``(g) Restriction.--Nothing in this section may be construed to 
authorize the appropriation or expenditure of funds for highway 
construction, maintenance, or design (other than design of safety 
features of highways to be incorporated into guidelines).'';
          (4) in subsection (k)--
                  (A) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively; and
                  (B) by inserting after paragraph (2) the following:
          ``(3) Electronic submission.--The Secretary, in coordination 
        with the Governors Highway Safety Association, shall develop 
        procedures to allow States to submit highway safety plans under 
        this subsection, including any attachments to the plans, in 
        electronic form.''; and
          (5) in subsection (m)(2)(A)--
                  (A) in clause (iv) by striking ``and'' at the end; 
                and
                  (B) by adding at the end the following:
                          ``(vi) increase driver awareness of 
                        commercial motor vehicles to prevent crashes 
                        and reduce injuries and fatalities; and''.

SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

  Section 403 of title 23, United States Code, is amended--
          (1) in subsection (b)(1)--
                  (A) in subparagraph (E) by striking ``and'' at the 
                end;
                  (B) by redesignating subparagraph (F) as subparagraph 
                (G);
                  (C) by inserting after subparagraph (E) the 
                following:
                  ``(F) the installation of ignition interlocks in the 
                United States; and''; and
                  (D) in subparagraph (G), as so redesignated, by 
                striking ``in subparagraphs (A) through (E)'' and 
                inserting ``in subparagraphs (A) through (F)'';
          (2) in subsection (h) by striking paragraph (2) and inserting 
        the following:
          ``(2) Funding.--The Secretary shall obligate for each of 
        fiscal years 2016 through 2021, from funds made available to 
        carry out this section, except that the total obligated for the 
        period covering fiscal years 2016 through 2021 may not exceed 
        $32,000,000, to conduct the research described in paragraph 
        (1).''; and
          (3) by adding at the end the following:
  ``(i) Limitation on Drug and Alcohol Survey Data.--The Secretary 
shall establish procedures and guidelines to ensure that any person 
participating in a program or activity that collects data on drug or 
alcohol use by drivers of motor vehicles and is carried out under this 
section is informed that the program or activity is voluntary.
  ``(j) Federal Share.--The Federal share of the cost of any project or 
activity carried out under this section may be not more than 100 
percent.''.

SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

  (a) In General.--Section 404 of title 23, United States Code, is 
amended to read as follows:

``Sec. 404. High visibility enforcement program

  ``(a) In General.--The Administrator of the National Highway Traffic 
Safety Administration shall establish and administer a program under 
which not less than 3 campaigns will be carried out in each of fiscal 
years 2016 through 2021.
  ``(b) Purpose.--The purpose of each campaign carried out under this 
section shall be to achieve outcomes related to not less than 1 of the 
following objectives:
          ``(1) Reduce alcohol-impaired or drug-impaired operation of 
        motor vehicles.
          ``(2) Increase use of seatbelts by occupants of motor 
        vehicles.
          ``(3) Reduce distracted driving of motor vehicles.
  ``(c) Advertising.--The Administrator may use, or authorize the use 
of, funds available to carry out this section to pay for the 
development, production, and use of broadcast and print media 
advertising and Internet-based outreach in carrying out campaigns under 
this section. Consideration shall be given to advertising directed at 
non-English speaking populations, including those who listen to, read, 
or watch nontraditional media.
  ``(d) Coordination With States.--The Administrator shall coordinate 
with States in carrying out the campaigns under this section, including 
advertising funded under subsection (c), with consideration given to--
          ``(1) relying on States to provide law enforcement resources 
        for the campaigns out of funding available under sections 402 
        and 405; and
          ``(2) providing out of National Highway Traffic Safety 
        Administration resources most of the means necessary for 
        national advertising and education efforts associated with the 
        campaigns.
  ``(e) Use of Funds.--Funds made available to carry out this section 
may only be used for activities described in subsection (c).
  ``(f) Definitions.--In this section, the following definitions apply:
          ``(1) Campaign.--The term `campaign' means a high-visibility 
        traffic safety law enforcement campaign.
          ``(2) State.--The term `State' has the meaning such term has 
        under section 401.''.
  (b) Clerical Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
404 and inserting the following:

``404. High-visibility enforcement program.''.

SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.

  (a) General Authority.--Section 405(a) of title 23, United States 
Code, is amended to read as follows:
  ``(a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall manage programs to 
address national priorities for reducing highway deaths and injuries. 
Funds shall be allocated according to the following:
          ``(1) Occupant protection.--In each fiscal year, 13 percent 
        of the funds provided under this section shall be allocated 
        among States that adopt and implement effective occupant 
        protection programs to reduce highway deaths and injuries 
        resulting from individuals riding unrestrained or improperly 
        restrained in motor vehicles (as described in subsection (b)).
          ``(2) State traffic safety information system improvements.--
        In each fiscal year, 14.5 percent of the funds provided under 
        this section shall be allocated among States that meet 
        requirements with respect to State traffic safety information 
        system improvements (as described in subsection (c)).
          ``(3) Impaired driving countermeasures.--In each fiscal year, 
        52.5 percent of the funds provided under this section shall be 
        allocated among States that meet requirements with respect to 
        impaired driving countermeasures (as described in subsection 
        (d)).
          ``(4) Distracted driving.--In each fiscal year, 8.5 percent 
        of the funds provided under this section shall be allocated 
        among States that adopt and implement effective laws to reduce 
        distracted driving (as described in subsection (e)).
          ``(5) Motorcyclist safety.--In each fiscal year, 1.5 percent 
        of the funds provided under this section shall be allocated 
        among States that implement motorcyclist safety programs (as 
        described in subsection (f)).
          ``(6) State graduated driver licensing laws.--In each fiscal 
        year, 5 percent of the funds provided under this section shall 
        be allocated among States that adopt and implement graduated 
        driver licensing laws (as described in subsection (g)).
          ``(7) Nonmotorized safety.--In each fiscal year, 5 percent of 
        the funds provided under this section shall be allocated among 
        States that meet requirements with respect to nonmotorized 
        safety (as described in subsection (h)).
          ``(8) Transfers.--Notwithstanding paragraphs (1) through (7), 
        the Secretary may reallocate, before the last day of any fiscal 
        year, any amounts remaining available to carry out any of the 
        activities described in subsections (b) through (h) to increase 
        the amount made available under section 402, in order to 
        ensure, to the maximum extent possible, that all such amounts 
        are obligated during such fiscal year.
          ``(9) Maintenance of effort.--
                  ``(A) Requirements.--No grant may be made to a State 
                in any fiscal year under subsection (b), (c), or (d) 
                unless the State enters into such agreements with the 
                Secretary as the Secretary may require to ensure that 
                the State will maintain its aggregate expenditures from 
                all State and local sources for programs described in 
                those subsections at or above the average level of such 
                expenditures in the 2 fiscal years preceding the date 
                of enactment of this paragraph.
                  ``(B) Waiver.--Upon the request of a State, the 
                Secretary may waive or modify the requirements under 
                subparagraph (A) for not more than 1 fiscal year if the 
                Secretary determines that such a waiver would be 
                equitable due to exceptional or uncontrollable 
                circumstances.''.
  (b) High Seatbelt Use Rate.--Section 405(b)(4)(B) of title 23, United 
States Code, is amended by striking ``75 percent'' and inserting ``100 
percent''.
  (c) Impaired Driving Countermeasures.--Section 405(d) of title 23, 
United States Code, is amended--
          (1) by striking paragraph (4) and inserting the following:
          ``(4) Use of grant amounts.--
                  ``(A) Required programs.--High-range States shall use 
                grant funds for--
                          ``(i) high-visibility enforcement efforts; 
                        and
                          ``(ii) any of the activities described in 
                        subparagraph (B) if--
                                  ``(I) the activity is described in 
                                the statewide plan; and
                                  ``(II) the Secretary approves the use 
                                of funding for such activity.
                  ``(B) Authorized programs.--Medium-range and low-
                range States may use grant funds for--
                          ``(i) any of the purposes described in 
                        subparagraph (A);
                          ``(ii) hiring a full-time or part-time 
                        impaired driving coordinator of the State's 
                        activities to address the enforcement and 
                        adjudication of laws regarding driving while 
                        impaired by alcohol, drugs, or the combination 
                        of alcohol and drugs;
                          ``(iii) court support of high-visibility 
                        enforcement efforts, training and education of 
                        criminal justice professionals (including law 
                        enforcement, prosecutors, judges, and probation 
                        officers) to assist such professionals in 
                        handling impaired driving cases, hiring traffic 
                        safety resource prosecutors, hiring judicial 
                        outreach liaisons, and establishing driving 
                        while intoxicated courts;
                          ``(iv) alcohol ignition interlock programs;
                          ``(v) improving blood-alcohol concentration 
                        testing and reporting;
                          ``(vi) paid and earned media in support of 
                        high-visibility enforcement efforts, conducting 
                        standardized field sobriety training, advanced 
                        roadside impaired driving evaluation training, 
                        and drug recognition expert training for law 
                        enforcement, and equipment and related 
                        expenditures used in connection with impaired 
                        driving enforcement in accordance with criteria 
                        established by the National Highway Traffic 
                        Safety Administration;
                          ``(vii) training on the use of alcohol and 
                        drug screening and brief intervention;
                          ``(viii) training for and implementation of 
                        impaired driving assessment programs or other 
                        tools designed to increase the probability of 
                        identifying the recidivism risk of a person 
                        convicted of driving under the influence of 
                        alcohol, drugs, or a combination of alcohol and 
                        drugs and to determine the most effective 
                        mental health or substance abuse treatment or 
                        sanction that will reduce such risk;
                          ``(ix) developing impaired driving 
                        information systems; and
                          ``(x) costs associated with a 24-7 sobriety 
                        program.
                  ``(C) Other programs.--Low-range States may use grant 
                funds for any expenditure designed to reduce impaired 
                driving based on problem identification and may use not 
                more than 50 percent of funds made available under this 
                subsection for any project or activity eligible for 
                funding under section 402. Medium- and high-range 
                States may use funds for any expenditure designed to 
                reduce impaired driving based on problem identification 
                upon approval by the Secretary.''; and
          (2) by striking paragraph (6)(A) and inserting the following:
                  ``(A) In general.--The Secretary shall make a 
                separate grant under this subsection to each State that 
                adopts and is enforcing a law that requires any 
                individual convicted of driving under the influence of 
                alcohol or of driving while intoxicated to receive a 
                restriction on driving privileges that limits the 
                individual to operating only motor vehicles with an 
                ignition interlock installed. Such law may provide 
                limited exceptions for circumstances when--
                          ``(i) a State-certified ignition interlock 
                        provider is not available within 100 miles of 
                        the individual's residence;
                          ``(ii) the individual is required to operate 
                        an employer's motor vehicle in the course and 
                        scope of employment and the business entity 
                        that owns the vehicle is not owned or 
                        controlled by the individual; or
                          ``(iii) the individual is certified by a 
                        medical doctor as being unable to provide a 
                        deep lung breath sample for analysis by an 
                        ignition interlock device.''.
  (d) Distracted Driving Grants.--Section 405(e) of title 23, United 
States Code, is amended to read as follows:
  ``(e) Distracted Driving Grants.--
          ``(1) In general.--The Secretary shall award a grant under 
        this subsection to any State that includes distracted driving 
        awareness as part of the State's driver's license examination, 
        and enacts and enforces a law that meets the requirements set 
        forth in paragraphs (2) and (3).
          ``(2) Prohibition on texting while driving or stopped in 
        traffic.--A State law meets the requirements set forth in this 
        paragraph if the law--
                  ``(A) prohibits a driver from texting through a 
                personal wireless communications device while driving 
                or stopped in traffic;
                  ``(B) makes violation of the law a primary offense; 
                and
                  ``(C) establishes a minimum fine for a violation of 
                the law.
          ``(3) Prohibition on youth cell phone use while driving or 
        stopped in traffic.--A State law meets the requirements set 
        forth in this paragraph if the law--
                  ``(A) prohibits a driver from using a personal 
                wireless communications device while driving or stopped 
                in traffic--
                          ``(i) younger than 18 years of age; or
                          ``(ii) in the learner's permit and 
                        intermediate license stages set forth in 
                        subsection (g)(2)(B);
                  ``(B) makes violation of the law a primary offense; 
                and
                  ``(C) establishes a minimum fine for a first 
                violation of the law.
          ``(4) Permitted exceptions.--A law that meets the 
        requirements set forth in paragraph (2) or (3) may provide 
        exceptions for--
                  ``(A) a driver who uses a personal wireless 
                communications device to contact emergency services;
                  ``(B) emergency services personnel who use a personal 
                wireless communications device while--
                          ``(i) operating an emergency services 
                        vehicle; and
                          ``(ii) engaged in the performance of their 
                        duties as emergency services personnel;
                  ``(C) an individual employed as a commercial motor 
                vehicle driver or a school bus driver who uses a 
                personal wireless communications device within the 
                scope of such individual's employment if such use is 
                permitted under the regulations promulgated pursuant to 
                section 31136 of title 49; and
                  ``(D) any additional exceptions determined by the 
                Secretary through a rulemaking process.
          ``(5) Use of grant funds.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), amounts received by a State under this subsection 
                shall be used--
                          ``(i) to educate the public through 
                        advertising containing information about the 
                        dangers of texting or using a cell phone while 
                        driving;
                          ``(ii) for traffic signs that notify drivers 
                        about the distracted driving law of the State; 
                        or
                          ``(iii) for law enforcement costs related to 
                        the enforcement of the distracted driving law.
                  ``(B) Flexibility.--
                                  ``(i) Not more than 50 percent of 
                                amounts received by a State under this 
                                subsection may be used for any eligible 
                                project or activity under section 402.
                                  ``(ii) Not more than 75 percent of 
                                amounts received by a State under this 
                                subsection may be used for any eligible 
                                project or activity under section 402 
                                if the State has conformed its 
                                distracted driving data to the most 
                                recent Model Minimum Uniform Crash 
                                Criteria published by the Secretary.
          ``(6) Allocation to support state distracted driving laws.--
        Of the amounts available under this subsection in a fiscal year 
        for distracted driving grants, the Secretary may expend not 
        more than $5,000,000 for the development and placement of 
        broadcast media to reduce distracted driving of motor vehicles, 
        including to support campaigns related to distracted driving 
        that are funded under section 404.
          ``(7) Grant amount.--The allocation of grant funds to a State 
        under this subsection for a fiscal year shall be in proportion 
        to the State's apportionment under section 402 for fiscal year 
        2009.
          ``(8) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Driving.--The term `driving'--
                          ``(i) means operating a motor vehicle on a 
                        public road, including operation while 
                        temporarily stationary because of traffic, a 
                        traffic light or stop sign, or otherwise; and
                          ``(ii) does not include operating a motor 
                        vehicle when the vehicle has pulled over to the 
                        side of, or off, an active roadway and has 
                        stopped in a location where it can safely 
                        remain stationary.
                  ``(B) Personal wireless communications device.--The 
                term `personal wireless communications device'--
                          ``(i) means a device through which personal 
                        wireless services (as defined in section 
                        332(c)(7)(C)(i) of the Communications Act of 
                        1934 (47 U.S.C. 332(c)(7)(C)(i))) are 
                        transmitted; and
                          ``(ii) does not include a global navigation 
                        satellite system receiver used for positioning, 
                        emergency notification, or navigation purposes.
                  ``(C) Primary offense.--The term `primary offense' 
                means an offense for which a law enforcement officer 
                may stop a vehicle solely for the purpose of issuing a 
                citation in the absence of evidence of another offense.
                  ``(D) Public road.--The term `public road' has the 
                meaning given such term in section 402(c).
                  ``(E) Texting.--The term `texting' means reading from 
                or manually entering data into a personal wireless 
                communications device, including doing so for the 
                purpose of SMS texting, emailing, instant messaging, or 
                engaging in any other form of electronic data retrieval 
                or electronic data communication.''.
  (e) Motorcyclist Safety.--Section 405(f) of title 23, United States 
Code, is amended--
          (1) by striking paragraph (2) and inserting the following:
          ``(2) Grant amount.--The allocation of grant funds to a State 
        under this subsection for a fiscal year shall be in proportion 
        to the State's apportionment under section 402 for fiscal year 
        2009, except that the amount of a grant awarded to a State for 
        a fiscal year may not exceed 25 percent of the amount 
        apportioned to the State under such section for fiscal year 
        2009.'';
          (2) in paragraph (4) by adding at the end the following:
                  ``(C) Flexibility.--Not more than 50 percent of grant 
                funds received by a State under this subsection may be 
                used for any eligible project or activity under section 
                402 if the State is in the lowest 25 percent of all 
                States for motorcycle deaths per 10,000 motorcycle 
                registrations based on the most recent data that 
                conforms with criteria established by the Secretary.''; 
                and
          (3) by adding at the end the following:
          ``(6) Share-the-road model language.--Not later than 1 year 
        after the date of enactment of this paragraph, the Secretary 
        shall update and provide to the States model language for use 
        in traffic safety education courses, driver's manuals, and 
        other driver training materials that provides instruction for 
        drivers of motor vehicles on the importance of sharing the road 
        safely with motorcyclists.''.
  (f) State Graduated Driver Licensing Incentive Grant.--Section 405(g) 
of title 23, United States Code, is amended to read as follows:
  ``(g) State Graduated Driver Licensing Incentive Grant.--
          ``(1) Grants authorized.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to States 
        that adopt and implement graduated driver licensing laws in 
        accordance with the requirements set forth in paragraph (2).
          ``(2) Minimum requirements.--
                  ``(A) In general.--A State meets the requirements set 
                forth in this paragraph if the State has a graduated 
                driver licensing law that requires novice drivers 
                younger than 18 years of age to comply with the 2-stage 
                licensing process described in subparagraph (B) before 
                receiving an unrestricted driver's license.
                  ``(B) Licensing process.--A State is in compliance 
                with the 2-stage licensing process described in this 
                subparagraph if the State's driver's license laws 
                comply with the additional requirements under 
                subparagraph (C) and includes--
                          ``(i) a learner's permit stage that--
                                  ``(I) is not less than 6 months in 
                                duration and remains in effect until 
                                the driver reaches not less than 16 
                                years of age;
                                  ``(II) contains a prohibition on the 
                                driver using a personal wireless 
                                communications device (as defined in 
                                subsection (e)) while driving except 
                                under an exception permitted under 
                                subsection (e)(4);
                                  ``(III) requires that the driver be 
                                accompanied and supervised at all times 
                                while operating a motor vehicle by a 
                                licensed driver who is--
                                          ``(aa) not less than 21 years 
                                        of age;
                                          ``(bb) the driver's parent or 
                                        guardian; or
                                          ``(cc) a State-certified 
                                        driving instructor; and
                                  ``(IV) complies with the additional 
                                requirements for a learner's permit 
                                stage set forth in subparagraph (C)(i); 
                                and
                          ``(ii) an intermediate stage that--
                                  ``(I) is not less than 6 months in 
                                duration;
                                  ``(II) contains a prohibition on the 
                                driver using a personal wireless 
                                communications device (as defined in 
                                subsection (e)) while driving except 
                                under an exception permitted under 
                                subsection (e)(4);
                                  ``(III) for the first 6 months of 
                                such stage, restricts driving at night 
                                when not supervised by a licensed 
                                driver described in clause (i)(III), 
                                excluding transportation to work, 
                                school, or religious activities, or in 
                                the case of an emergency;
                                  ``(IV) for a period of not less than 
                                6 months, prohibits the driver from 
                                operating a motor vehicle with more 
                                than 1 nonfamilial passenger under 21 
                                years of age unless a licensed driver 
                                described in clause (i)(III) is in the 
                                vehicle; and
                                  ``(V) complies with the additional 
                                requirements for an intermediate stage 
                                set forth in subparagraph (C)(ii).
                  ``(C) Additional requirements.--
                          ``(i) Learner's permit stage.--In addition to 
                        the requirements of subparagraph (B)(i), a 
                        learner's permit stage shall include not less 
                        than 2 of the following requirements:
                                  ``(I) Passage of a vision and 
                                knowledge assessment by a learner's 
                                permit applicant prior to receiving a 
                                learner's permit.
                                  ``(II) The driver completes--
                                          ``(aa) a State-certified 
                                        driver education or training 
                                        course; or
                                          ``(bb) not less than 40 hours 
                                        of behind-the-wheel training 
                                        with a licensed driver 
                                        described in subparagraph 
                                        (B)(i)(III).
                                  ``(III) In addition to any other 
                                penalties imposed by State law, the 
                                grant of an unrestricted driver's 
                                license or advancement to an 
                                intermediate stage be automatically 
                                delayed for any individual who, during 
                                the learner's permit stage, is 
                                convicted of a driving-related offense, 
                                including--
                                          ``(aa) driving while 
                                        intoxicated;
                                          ``(bb) misrepresentation of 
                                        the individual's age;
                                          ``(cc) reckless driving;
                                          ``(dd) driving without 
                                        wearing a seatbelt;
                                          ``(ee) speeding; or
                                          ``(ff) any other driving-
                                        related offense, as determined 
                                        by the Secretary.
                          ``(ii) Intermediate stage.--In addition to 
                        the requirements of subparagraph (B)(ii), an 
                        intermediate stage shall include not less than 
                        2 of the following requirements:
                                  ``(I) Commencement of such stage 
                                after the successful completion of a 
                                driving skills test.
                                  ``(II) That such stage remain in 
                                effect until the driver reaches the age 
                                of not less than 17.
                                  ``(III) In addition to any other 
                                penalties imposed by State law, the 
                                grant of an unrestricted driver's 
                                license be automatically delayed for 
                                any individual who, during the 
                                learner's permit stage, is convicted of 
                                a driving-related offense, including 
                                those described in clause (i)(III).
          ``(3) Exception.--A State that otherwise meets the minimum 
        requirements set forth in paragraph (2) shall be deemed by the 
        Secretary to be in compliance with the requirement set forth in 
        paragraph (2) if the State enacted a law before January 1, 
        2011, establishing a class of license that permits licensees or 
        applicants younger than 18 years of age to drive a motor 
        vehicle--
                  ``(A) in connection with work performed on, or for 
                the operation of, a farm owned by family members who 
                are directly related to the applicant or licensee; or
                  ``(B) if demonstrable hardship would result from the 
                denial of a license to the licensees or applicants.
          ``(4) Allocation.--Grant funds allocated to a State under 
        this subsection for a fiscal year shall be in proportion to the 
        State's apportionment under section 402 for fiscal year 2009.
          ``(5) Use of funds.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), grant funds received by a State under this 
                subsection shall be used for--
                          ``(i) enforcing a 2-stage licensing process 
                        that complies with paragraph (2);
                          ``(ii) training for law enforcement personnel 
                        and other relevant State agency personnel 
                        relating to the enforcement described in clause 
                        (i);
                          ``(iii) publishing relevant educational 
                        materials that pertain directly or indirectly 
                        to the State graduated driver licensing law;
                          ``(iv) carrying out other administrative 
                        activities that the Secretary considers 
                        relevant to the State's 2-stage licensing 
                        process; or
                          ``(v) carrying out a teen traffic safety 
                        program described in section 402(m).
                  ``(B) Flexibility.--
                          ``(i) Not more than 75 percent of grant funds 
                        received by a State under this subsection may 
                        be used for any eligible project or activity 
                        under section 402.
                          ``(ii) Not more than 100 percent of grant 
                        funds received by a State under this subsection 
                        may be used for any eligible project or 
                        activity under section 402, if the State is in 
                        the lowest 25 percent of all States for the 
                        number of drivers under age 18 involved in 
                        fatal crashes in the State per the total number 
                        of drivers under age 18 in the State based on 
                        the most recent data that conforms with 
                        criteria established by the Secretary.''.
  (g) Nonmotorized Safety.--Section 405 of title 23, United States 
Code, is amended by adding at the end the following:
  ``(h) Nonmotorized Safety.--
          ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to States for 
        the purpose of decreasing pedestrian and bicycle fatalities and 
        injuries that result from crashes involving a motor vehicle.
          ``(2) Federal share.--The Federal share of the cost of a 
        project carried out by a State using amounts from a grant 
        awarded under this subsection may not exceed 80 percent.
          ``(3) Eligibility.--A State shall receive a grant under this 
        subsection in a fiscal year if the annual combined pedestrian 
        and bicycle fatalities in the State exceed 15 percent of the 
        total annual crash fatalities in the State, based on the most 
        recently reported final data from the Fatality Analysis 
        Reporting System.
          ``(4) Use of grant amounts.--Grant funds received by a State 
        under this subsection may be used for--
                  ``(A) training of law enforcement officials on State 
                laws applicable to pedestrian and bicycle safety;
                  ``(B) enforcement mobilizations and campaigns 
                designed to enforce State traffic laws applicable to 
                pedestrian and bicycle safety; and
                  ``(C) public education and awareness programs 
                designed to inform motorists, pedestrians, and 
                bicyclists of State traffic laws applicable to 
                pedestrian and bicycle safety.
          ``(5) Grant amount.--The allocation of grant funds to a State 
        under this subsection for a fiscal year shall be in proportion 
        to the State's apportionment under section 402 for fiscal year 
        2009.''.

SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE RELATED 
                    CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.

  The Secretary may not provide a grant or otherwise make available 
funding to a State, Indian tribe, county, municipality, or other local 
government to be used for a program or activity to check helmet usage, 
including checkpoints related to helmet usage, with respect to a 
motorcycle driver or passenger.

SEC. 4007. MARIJUANA-IMPAIRED DRIVING.

  (a) Study.--The Secretary, in consultation with the heads of other 
Federal agencies as appropriate, shall conduct a study on marijuana-
impaired driving.
  (b) Issues To Be Examined.--In conducting the study, the Secretary 
shall examine, at a minimum, the following:
          (1) Methods to detect marijuana-impaired driving, including 
        devices capable of measuring marijuana levels in motor vehicle 
        operators.
          (2) A review of impairment standard research for driving 
        under the influence of marijuana.
          (3) Methods to differentiate the cause of a driving 
        impairment between alcohol and marijuana.
          (4) State-based policies on marijuana-impaired driving.
          (5) The role and extent of marijuana impairment in motor 
        vehicle accidents.
  (c) Report.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in cooperation with other 
        Federal agencies as appropriate, shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study.
          (2) Contents.--The report shall include, at a minimum, the 
        following:
                  (A) Findings.--The findings of the Secretary based on 
                the study, including, at a minimum, the following:
                          (i) An assessment of methodologies and 
                        technologies for measuring driver impairment 
                        resulting from the use of marijuana, including 
                        the use of marijuana in combination with 
                        alcohol.
                          (ii) A description and assessment of the role 
                        of marijuana as a causal factor in traffic 
                        crashes and the extent of the problem of 
                        marijuana-impaired driving.
                          (iii) A description and assessment of current 
                        State laws relating to marijuana-impaired 
                        driving.
                          (iv) A determination whether an impairment 
                        standard for drivers under the influence of 
                        marijuana is feasible and could reduce vehicle 
                        accidents and save lives.
                  (B) Recommendations.--The recommendations of the 
                Secretary based on the study, including, at a minimum, 
                the following:
                          (i) Effective and efficient methods for 
                        training law enforcement personnel, including 
                        drug recognition experts, to detect or measure 
                        the level of impairment of a motor vehicle 
                        operator who is under the influence of 
                        marijuana by the use of technology or 
                        otherwise.
                          (ii) If feasible, an impairment standard for 
                        driving under the influence of marijuana.
                          (iii) Methodologies for increased data 
                        collection regarding the prevalence and effects 
                        of marijuana-impaired driving.
  (d) Marijuana Defined.--In this section, the term ``marijuana'' 
includes all substances containing tetrahydrocannabinol.

SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

  Not later than 60 days after the date on which the Secretary of 
Transportation awards grants under section 405 of title 23, United 
States Code, the Secretary shall make available on a publicly available 
Internet Web site of the Department of Transportation--
          (1) an identification of--
                  (A) the States that were awarded grants under such 
                section;
                  (B) the States that applied and were not awarded 
                grants under such section; and
                  (C) the States that did not apply for a grant under 
                such section; and
          (2) a list of deficiencies that made a State ineligible for a 
        grant under such section for each State under paragraph (1)(B).

SEC. 4009. DATA COLLECTION.

  Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``(A) has enacted'' and all that 
                follows through ``(B) is maintaining'' and inserting 
                ``is maintaining''; and
                  (B) by striking ``and any passengers'';
          (2) by striking subsection (b) and inserting the following:
  ``(b) Use of Grant Funds.--A grant received by a State under 
subsection (a) shall be used by the State for the costs of--
          ``(1) collecting and maintaining data on traffic stops; and
          ``(2) evaluating the results of the data.'';
          (3) by striking subsection (c) and redesignating subsections 
        (d) and (e) as subsections (c) and (d), respectively;
          (4) in subsection (c)(2), as so redesignated, by striking ``A 
        State'' and inserting ``On or after October 1, 2015, a State''; 
        and
          (5) in subsection (d), as so redesignated--
                  (A) in the subsection heading by striking 
                ``Authorization of Appropriations'' and inserting 
                ``Funding'';
                  (B) by striking paragraph (1) and inserting the 
                following:
          ``(1) In general.--From funds made available under section 
        403 of title 23, United States Code, the Secretary shall set 
        aside $7,500,000 for each of the fiscal years 2016 through 2021 
        to carry out this section.''; and
                  (C) in paragraph (2)--
                          (i) by striking ``authorized by'' and 
                        inserting ``made available under''; and
                          (ii) by striking ``percent,'' and all that 
                        follows through the period at the end and 
                        inserting ``percent.''.

SEC. 4010. TECHNICAL CORRECTIONS.

  Title 23, United States Code, is amended as follows:
          (1) Section 402 is amended--
                  (A) in subsection (b)(1)--
                          (i) in subparagraph (C) by striking 
                        ``paragraph (3)'' and inserting ``paragraph 
                        (2)''; and
                          (ii) in subparagraph (E)--
                                  (I) by striking ``in which'' and 
                                inserting ``for which''; and
                                  (II) by striking ``under subsection 
                                (f)'' and inserting ``under subsection 
                                (k)''; and
                  (B) in subsection (k)(5), as redesignated by this 
                Act, by striking ``under paragraph (2)(A)'' and 
                inserting ``under paragraph (3)(A)''.
          (2) Section 403(e) is amended by striking ``chapter 301'' and 
        inserting ``chapter 301 of title 49''.
          (3) Section 405 is amended--
                  (A) in subsection (d)--
                          (i) in paragraph (5) by striking ``under 
                        section 402(c)'' and inserting ``under section 
                        402''; and
                          (ii) in paragraph (6)(C) by striking ``on the 
                        basis of the apportionment formula set forth in 
                        section 402(c)'' and inserting ``in proportion 
                        to the State's apportionment under section 402 
                        for fiscal year 2009''; and
                  (B) in subsection (f)(4)(A)(iv)--
                          (i) by striking ``such as the'' and inserting 
                        ``including''; and
                          (ii) by striking ``developed under subsection 
                        (g)''.

                     TITLE V--MOTOR CARRIER SAFETY

          Subtitle A--Motor Carrier Safety Grant Consolidation

SEC. 5101. GRANTS TO STATES.

  (a) Motor Carrier Safety Assistance Program.--Section 31102 of title 
49, United States Code, is amended to read as follows:

``Sec. 31102. Motor carrier safety assistance program

  ``(a) In General.--The Secretary of Transportation shall administer a 
motor carrier safety assistance program funded under section 31104.
  ``(b) Goal.--The goal of the program is to ensure that the Secretary, 
States, local governments, other political jurisdictions, federally 
recognized Indian tribes, and other persons work in partnership to 
establish programs to improve motor carrier, commercial motor vehicle, 
and driver safety to support a safe and efficient surface 
transportation system by--
          ``(1) making targeted investments to promote safe commercial 
        motor vehicle transportation, including the transportation of 
        passengers and hazardous materials;
          ``(2) investing in activities likely to generate maximum 
        reductions in the number and severity of commercial motor 
        vehicle crashes and in fatalities resulting from such crashes;
          ``(3) adopting and enforcing effective motor carrier, 
        commercial motor vehicle, and driver safety regulations and 
        practices consistent with Federal requirements; and
          ``(4) assessing and improving statewide performance by 
        setting program goals and meeting performance standards, 
        measures, and benchmarks.
  ``(c) State Plans.--
          ``(1) In general.--In carrying out the program, the Secretary 
        shall prescribe procedures for a State to submit a multiple-
        year plan, and annual updates thereto, under which the State 
        agrees to assume responsibility for improving motor carrier 
        safety by adopting and enforcing State regulations, standards, 
        and orders that are compatible with the regulations, standards, 
        and orders of the Federal Government on commercial motor 
        vehicle safety and hazardous materials transportation safety.
          ``(2) Contents.--The Secretary shall approve a State plan if 
        the Secretary determines that the plan is adequate to comply 
        with the requirements of this section, and the plan--
                  ``(A) implements performance-based activities, 
                including deployment and maintenance of technology to 
                enhance the efficiency and effectiveness of commercial 
                motor vehicle safety programs;
                  ``(B) designates a lead State commercial motor 
                vehicle safety agency responsible for administering the 
                plan throughout the State;
                  ``(C) contains satisfactory assurances that the lead 
                State commercial motor vehicle safety agency has or 
                will have the legal authority, resources, and qualified 
                personnel necessary to enforce the regulations, 
                standards, and orders;
                  ``(D) contains satisfactory assurances that the State 
                will devote adequate resources to the administration of 
                the plan and enforcement of the regulations, standards, 
                and orders;
                  ``(E) provides a right of entry and inspection to 
                carry out the plan;
                  ``(F) provides that all reports required under this 
                section be available to the Secretary on request;
                  ``(G) provides that the lead State commercial motor 
                vehicle safety agency will adopt the reporting 
                requirements and use the forms for recordkeeping, 
                inspections, and investigations that the Secretary 
                prescribes;
                  ``(H) requires all registrants of commercial motor 
                vehicles to demonstrate knowledge of applicable safety 
                regulations, standards, and orders of the Federal 
                Government and the State;
                  ``(I) provides that the State will grant maximum 
                reciprocity for inspections conducted under the North 
                American Inspection Standards through the use of a 
                nationally accepted system that allows ready 
                identification of previously inspected commercial motor 
                vehicles;
                  ``(J) ensures that activities described in subsection 
                (h), if financed through grants to the State made under 
                this section, will not diminish the effectiveness of 
                the development and implementation of the programs to 
                improve motor carrier, commercial motor vehicle, and 
                driver safety as described in subsection (b);
                  ``(K) ensures that the lead State commercial motor 
                vehicle safety agency will coordinate the plan, data 
                collection, and information systems with the State 
                highway safety improvement program required under 
                section 148(c) of title 23;
                  ``(L) ensures participation in appropriate Federal 
                Motor Carrier Safety Administration information 
                technology and data systems and other information 
                systems by all appropriate jurisdictions receiving 
                motor carrier safety assistance program funding;
                  ``(M) ensures that information is exchanged among the 
                States in a timely manner;
                  ``(N) provides satisfactory assurances that the State 
                will undertake efforts that will emphasize and improve 
                enforcement of State and local traffic safety laws and 
                regulations related to commercial motor vehicle safety;
                  ``(O) provides satisfactory assurances that the State 
                will address national priorities and performance goals, 
                including--
                          ``(i) activities aimed at removing impaired 
                        commercial motor vehicle drivers from the 
                        highways of the United States through adequate 
                        enforcement of regulations on the use of 
                        alcohol and controlled substances and by 
                        ensuring ready roadside access to alcohol 
                        detection and measuring equipment;
                          ``(ii) activities aimed at providing an 
                        appropriate level of training to State motor 
                        carrier safety assistance program officers and 
                        employees on recognizing drivers impaired by 
                        alcohol or controlled substances; and
                          ``(iii) when conducted with an appropriate 
                        commercial motor vehicle inspection, criminal 
                        interdiction activities, and appropriate 
                        strategies for carrying out those interdiction 
                        activities, including interdiction activities 
                        that affect the transportation of controlled 
                        substances (as defined in section 102 of the 
                        Comprehensive Drug Abuse Prevention and Control 
                        Act of 1970 (21 U.S.C. 802) and listed in part 
                        1308 of title 21, Code of Federal Regulations, 
                        as updated and republished from time to time) 
                        by any occupant of a commercial motor vehicle;
                  ``(P) provides that the State has established and 
                dedicated sufficient resources to a program to ensure 
                that--
                          ``(i) the State collects and reports to the 
                        Secretary accurate, complete, and timely motor 
                        carrier safety data; and
                          ``(ii) the State participates in a national 
                        motor carrier safety data correction system 
                        prescribed by the Secretary;
                  ``(Q) ensures that the State will cooperate in the 
                enforcement of financial responsibility requirements 
                under sections 13906, 31138, and 31139 and regulations 
                issued under those sections;
                  ``(R) ensures consistent, effective, and reasonable 
                sanctions;
                  ``(S) ensures that roadside inspections will be 
                conducted at locations that are adequate to protect the 
                safety of drivers and enforcement personnel;
                  ``(T) provides that the State will include in the 
                training manuals for the licensing examination to drive 
                noncommercial motor vehicles and commercial motor 
                vehicles information on best practices for driving 
                safely in the vicinity of noncommercial and commercial 
                motor vehicles;
                  ``(U) provides that the State will enforce the 
                registration requirements of sections 13902 and 31134 
                by prohibiting the operation of any vehicle discovered 
                to be operated by a motor carrier without a 
                registration issued under those sections or to be 
                operated beyond the scope of the motor carrier's 
                registration;
                  ``(V) provides that the State will conduct 
                comprehensive and highly visible traffic enforcement 
                and commercial motor vehicle safety inspection programs 
                in high-risk locations and corridors;
                  ``(W) except in the case of an imminent hazard or 
                obvious safety hazard, ensures that an inspection of a 
                vehicle transporting passengers for a motor carrier of 
                passengers is conducted at a bus station, terminal, 
                border crossing, maintenance facility, destination, or 
                other location where a motor carrier may make a planned 
                stop (excluding a weigh station);
                  ``(X) ensures that the State will transmit to its 
                roadside inspectors notice of each Federal exemption 
                granted under section 31315(b) of this title and 
                sections 390.23 and 390.25 of title 49, Code of Federal 
                Regulations, and provided to the State by the 
                Secretary, including the name of the person that 
                received the exemption and any terms and conditions 
                that apply to the exemption;
                  ``(Y) except as provided in subsection (d), provides 
                that the State--
                          ``(i) will conduct safety audits of 
                        interstate and, at the State's discretion, 
                        intrastate new entrant motor carriers under 
                        section 31144(g); and
                          ``(ii) if the State authorizes a third party 
                        to conduct safety audits under section 31144(g) 
                        on its behalf, the State verifies the quality 
                        of the work conducted and remains solely 
                        responsible for the management and oversight of 
                        the activities;
                  ``(Z) provides that the State agrees to fully 
                participate in the performance and registration 
                information systems management under section 31106(b) 
                not later than October 1, 2020, by complying with the 
                conditions for participation under paragraph (3) of 
                that section, or demonstrates to the Secretary an 
                alternative approach for identifying and immobilizing a 
                motor carrier with serious safety deficiencies in a 
                manner that provides an equivalent level of safety;
                  ``(AA) in the case of a State that shares a land 
                border with another country, provides that the State--
                          ``(i) will conduct a border commercial motor 
                        vehicle safety program focusing on 
                        international commerce that includes 
                        enforcement and related projects; or
                          ``(ii) will forfeit all funds calculated by 
                        the Secretary based on border-related 
                        activities if the State declines to conduct the 
                        program described in clause (i) in its plan; 
                        and
                  ``(BB) in the case of a State that meets the other 
                requirements of this section and agrees to comply with 
                the requirements established in subsection (l)(3), 
                provides that the State may fund operation and 
                maintenance costs associated with innovative technology 
                deployment under subsection (l)(3) with motor carrier 
                safety assistance program funds authorized under 
                section 31104(a)(1).
          ``(3) Publication.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall publish each approved State multiple-
                year plan, and each annual update thereto, on a 
                publically accessible Internet Web site of the 
                Department of Transportation not later than 30 days 
                after the date the Secretary approves the plan or 
                update.
                  ``(B) Limitation.--Before publishing an approved 
                State multiple-year plan or annual update under 
                subparagraph (A), the Secretary shall redact any 
                information identified by the State that, if 
                disclosed--
                          ``(i) would reasonably be expected to 
                        interfere with enforcement proceedings; or
                          ``(ii) would reveal enforcement techniques or 
                        procedures that would reasonably be expected to 
                        risk circumvention of the law.
  ``(d) Exclusion of U.S. Territories.--The requirement that a State 
conduct safety audits of new entrant motor carriers under subsection 
(c)(2)(Y) does not apply to a territory of the United States unless 
required by the Secretary.
  ``(e) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for ensuring 
compatibility of intrastate commercial motor vehicle safety laws, 
including regulations, with Federal motor carrier safety regulations to 
be enforced under subsections (b) and (c). To the extent practicable, 
the guidelines and standards shall allow for maximum flexibility while 
ensuring a degree of uniformity that will not diminish motor vehicle 
safety.
  ``(f) Maintenance of Effort.--
          ``(1) Baseline.--Except as provided under paragraphs (2) and 
        (3) and in accordance with section 5106 of the Surface 
        Transportation Reauthorization and Reform Act of 2015, a State 
        plan under subsection (c) shall provide that the total 
        expenditure of amounts of the lead State commercial motor 
        vehicle safety agency responsible for administering the plan 
        will be maintained at a level each fiscal year that is at least 
        equal to--
                  ``(A) the average level of that expenditure for 
                fiscal years 2004 and 2005; or
                  ``(B) the level of that expenditure for the year in 
                which the Secretary implements a new allocation formula 
                under section 5106 of the Surface Transportation 
                Reauthorization and Reform Act of 2015.
          ``(2) Adjusted baseline after fiscal year 2017.--At the 
        request of a State, the Secretary may evaluate additional 
        documentation related to the maintenance of effort and may make 
        reasonable adjustments to the maintenance of effort baseline 
        after the year in which the Secretary implements a new 
        allocation formula under section 5106 of the Surface 
        Transportation Reauthorization and Reform Act of 2015, and this 
        adjusted baseline will replace the maintenance of effort 
        requirement under paragraph (1).
          ``(3) Waivers.--At the request of a State, the Secretary may 
        waive or modify the requirements of this subsection for a total 
        of 1 fiscal year if the Secretary determines that the waiver or 
        modification is reasonable, based on circumstances described by 
        the State, to ensure the continuation of commercial motor 
        vehicle enforcement activities in the State.
          ``(4) Level of state expenditures.--In estimating the average 
        level of a State's expenditures under paragraph (1), the 
        Secretary--
                  ``(A) may allow the State to exclude State 
                expenditures for federally sponsored demonstration and 
                pilot programs and strike forces;
                  ``(B) may allow the State to exclude expenditures for 
                activities related to border enforcement and new 
                entrant safety audits; and
                  ``(C) shall require the State to exclude State 
                matching amounts used to receive Federal financing 
                under section 31104.
  ``(g) Use of Unified Carrier Registration Fees Agreement.--Amounts 
generated under section 14504a and received by a State and used for 
motor carrier safety purposes may be included as part of the State's 
match required under section 31104 or maintenance of effort required by 
subsection (f).
  ``(h) Use of Grants To Enforce Other Laws.--When approved as part of 
a State's plan under subsection (c), the State may use motor carrier 
safety assistance program funds received under this section--
          ``(1) if the activities are carried out in conjunction with 
        an appropriate inspection of a commercial motor vehicle to 
        enforce Federal or State commercial motor vehicle safety 
        regulations, for--
                  ``(A) enforcement of commercial motor vehicle size 
                and weight limitations at locations, excluding fixed-
                weight facilities, such as near steep grades or 
                mountainous terrains, where the weight of a commercial 
                motor vehicle can significantly affect the safe 
                operation of the vehicle, or at ports where intermodal 
                shipping containers enter and leave the United States; 
                and
                  ``(B) detection of and enforcement actions taken as a 
                result of criminal activity, including the trafficking 
                of human beings, in a commercial motor vehicle or by 
                any occupant, including the operator, of the commercial 
                motor vehicle; and
          ``(2) for documented enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles, including documented enforcement of 
        such laws and regulations relating to noncommercial motor 
        vehicles when necessary to promote the safe operation of 
        commercial motor vehicles, if--
                  ``(A) the number of motor carrier safety activities, 
                including roadside safety inspections, conducted in the 
                State is maintained at a level at least equal to the 
                average level of such activities conducted in the State 
                in fiscal years 2004 and 2005; and
                  ``(B) the State does not use more than 10 percent of 
                the basic amount the State receives under a grant 
                awarded under section 31104(a)(1) for enforcement 
                activities relating to noncommercial motor vehicles 
                necessary to promote the safe operation of commercial 
                motor vehicles unless the Secretary determines that a 
                higher percentage will result in significant increases 
                in commercial motor vehicle safety.
  ``(i) Evaluation of Plans and Award of Grants.--
          ``(1) Awards.--The Secretary shall establish criteria for the 
        application, evaluation, and approval of State plans under this 
        section. Subject to subsection (j), the Secretary may allocate 
        the amounts made available under section 31104(a)(1) among the 
        States.
          ``(2) Opportunity to cure.--If the Secretary disapproves a 
        plan under this section, the Secretary shall give the State a 
        written explanation of the reasons for disapproval and allow 
        the State to modify and resubmit the plan for approval.
  ``(j) Allocation of Funds.--
          ``(1) In general.--The Secretary, by regulation, shall 
        prescribe allocation criteria for funds made available under 
        section 31104(a)(1).
          ``(2) Annual allocations.--On October 1 of each fiscal year, 
        or as soon as practicable thereafter, and after making a 
        deduction under section 31104(c), the Secretary shall allocate 
        amounts made available under section 31104(a)(1) to carry out 
        this section for the fiscal year among the States with plans 
        approved under this section in accordance with the criteria 
        prescribed under paragraph (1).
          ``(3) Elective adjustments.--Subject to the availability of 
        funding and notwithstanding fluctuations in the data elements 
        used by the Secretary to calculate the annual allocation 
        amounts, after the creation of a new allocation formula under 
        section 5106 of the Surface Transportation Reauthorization and 
        Reform Act of 2015, the Secretary may not make elective 
        adjustments to the allocation formula that decrease a State's 
        Federal funding levels by more than 3 percent in a fiscal year. 
        The 3 percent limit shall not apply to the withholding 
        provisions of subsection (k).
  ``(k) Plan Monitoring.--
          ``(1) In general.--On the basis of reports submitted by the 
        lead State agency responsible for administering a State plan 
        approved under this section and an investigation by the 
        Secretary, the Secretary shall periodically evaluate State 
        implementation of and compliance with the State plan.
          ``(2) Withholding of funds.--
                  ``(A) Disapproval.--If, after notice and an 
                opportunity to be heard, the Secretary finds that a 
                State plan previously approved under this section is 
                not being followed or has become inadequate to ensure 
                enforcement of State regulations, standards, or orders 
                described in subsection (c)(1), or the State is 
                otherwise not in compliance with the requirements of 
                this section, the Secretary may withdraw approval of 
                the State plan and notify the State. Upon the receipt 
                of such notice, the State plan shall no longer be in 
                effect and the Secretary shall withhold all funding to 
                the State under this section.
                  ``(B) Noncompliance withholding.--In lieu of 
                withdrawing approval of a State plan under subparagraph 
                (A), the Secretary may, after providing notice to the 
                State and an opportunity to be heard, withhold funding 
                from the State to which the State would otherwise be 
                entitled under this section for the period of the 
                State's noncompliance. In exercising this option, the 
                Secretary may withhold--
                          ``(i) up to 5 percent of funds during the 
                        fiscal year that the Secretary notifies the 
                        State of its noncompliance;
                          ``(ii) up to 10 percent of funds for the 
                        first full fiscal year of noncompliance;
                          ``(iii) up to 25 percent of funds for the 
                        second full fiscal year of noncompliance; and
                          ``(iv) not more than 50 percent of funds for 
                        the third and any subsequent full fiscal year 
                        of noncompliance.
          ``(3) Judicial review.--A State adversely affected by a 
        determination under paragraph (2) may seek judicial review 
        under chapter 7 of title 5. Notwithstanding the disapproval of 
        a State plan under paragraph (2)(A) or the withholding of funds 
        under paragraph (2)(B), the State may retain jurisdiction in an 
        administrative or a judicial proceeding that commenced before 
        the notice of disapproval or withholding if the issues involved 
        are not related directly to the reasons for the disapproval or 
        withholding.
  ``(l) High Priority Program.--
          ``(1) In general.--The Secretary shall administer a high 
        priority program funded under section 31104 for the purposes 
        described in paragraphs (2) and (3).
          ``(2) Activities related to motor carrier safety.--The 
        Secretary may make discretionary grants to and enter into 
        cooperative agreements with States, local governments, 
        federally recognized Indian tribes, other political 
        jurisdictions as necessary, and any person to carry out high 
        priority activities and projects that augment motor carrier 
        safety activities and projects planned in accordance with 
        subsections (b) and (c), including activities and projects 
        that--
                  ``(A) increase public awareness and education on 
                commercial motor vehicle safety;
                  ``(B) target unsafe driving of commercial motor 
                vehicles and noncommercial motor vehicles in areas 
                identified as high risk crash corridors;
                  ``(C) improve the safe and secure movement of 
                hazardous materials;
                  ``(D) improve safe transportation of goods and 
                persons in foreign commerce;
                  ``(E) demonstrate new technologies to improve 
                commercial motor vehicle safety;
                  ``(F) support participation in performance and 
                registration information systems management under 
                section 31106(b)--
                          ``(i) for entities not responsible for 
                        submitting the plan under subsection (c); or
                          ``(ii) for entities responsible for 
                        submitting the plan under subsection (c)--
                                  ``(I) before October 1, 2020, to 
                                achieve compliance with the 
                                requirements of participation; and
                                  ``(II) beginning on October 1, 2020, 
                                or once compliance is achieved, 
                                whichever is sooner, for special 
                                initiatives or projects that exceed 
                                routine operations required for 
                                participation;
                  ``(G) conduct safety data improvement projects--
                          ``(i) that complete or exceed the 
                        requirements under subsection (c)(2)(P) for 
                        entities not responsible for submitting the 
                        plan under subsection (c); or
                          ``(ii) that exceed the requirements under 
                        subsection (c)(2)(P) for entities responsible 
                        for submitting the plan under subsection (c); 
                        and
                  ``(H) otherwise improve commercial motor vehicle 
                safety and compliance with commercial motor vehicle 
                safety regulations.
          ``(3) Innovative technology deployment grant program.--
                  ``(A) In general.--The Secretary shall establish an 
                innovative technology deployment grant program to make 
                discretionary grants funded under section 31104(a)(2) 
                to eligible States for the innovative technology 
                deployment of commercial motor vehicle information 
                systems and networks.
                  ``(B) Purposes.--The purposes of the program shall 
                be--
                          ``(i) to advance the technological capability 
                        and promote the deployment of intelligent 
                        transportation system applications for 
                        commercial motor vehicle operations, including 
                        commercial motor vehicle, commercial driver, 
                        and carrier-specific information systems and 
                        networks; and
                          ``(ii) to support and maintain commercial 
                        motor vehicle information systems and 
                        networks--
                                  ``(I) to link Federal motor carrier 
                                safety information systems with State 
                                commercial motor vehicle systems;
                                  ``(II) to improve the safety and 
                                productivity of commercial motor 
                                vehicles and drivers; and
                                  ``(III) to reduce costs associated 
                                with commercial motor vehicle 
                                operations and Federal and State 
                                commercial motor vehicle regulatory 
                                requirements.
                  ``(C) Eligibility.--To be eligible for a grant under 
                this paragraph, a State shall--
                          ``(i) have a commercial motor vehicle 
                        information systems and networks program plan 
                        approved by the Secretary that describes the 
                        various systems and networks at the State level 
                        that need to be refined, revised, upgraded, or 
                        built to accomplish deployment of commercial 
                        motor vehicle information systems and networks 
                        capabilities;
                          ``(ii) certify to the Secretary that its 
                        commercial motor vehicle information systems 
                        and networks deployment activities, including 
                        hardware procurement, software and system 
                        development, and infrastructure modifications--
                                  ``(I) are consistent with the 
                                national intelligent transportation 
                                systems and commercial motor vehicle 
                                information systems and networks 
                                architectures and available standards; 
                                and
                                  ``(II) promote interoperability and 
                                efficiency to the extent practicable; 
                                and
                          ``(iii) agree to execute interoperability 
                        tests developed by the Federal Motor Carrier 
                        Safety Administration to verify that its 
                        systems conform with the national intelligent 
                        transportation systems architecture, applicable 
                        standards, and protocols for commercial motor 
                        vehicle information systems and networks.
                  ``(D) Use of funds.--Grant funds received under this 
                paragraph may be used--
                          ``(i) for deployment activities and 
                        activities to develop new and innovative 
                        advanced technology solutions that support 
                        commercial motor vehicle information systems 
                        and networks;
                          ``(ii) for planning activities, including the 
                        development or updating of program or top level 
                        design plans in order to become eligible or 
                        maintain eligibility under subparagraph (C); 
                        and
                          ``(iii) for the operation and maintenance 
                        costs associated with innovative technology.
                  ``(E) Secretary authorization.--The Secretary is 
                authorized to award a State funding for the operation 
                and maintenance costs associated with innovative 
                technology deployment with funds made available under 
                sections 31104(a)(1) and 31104(a)(2).''.
  (b) Commercial Motor Vehicle Operators Grant Program.--Section 31103 
of title 49, United States Code, is amended to read as follows:

``Sec. 31103. Commercial motor vehicle operators grant program

  ``(a) In General.--The Secretary shall administer a commercial motor 
vehicle operators grant program funded under section 31104.
  ``(b) Purpose.--The purpose of the grant program is to train 
individuals in the safe operation of commercial motor vehicles (as 
defined in section 31301).
  ``(c) Veterans.--In administering grants under this section, the 
Secretary shall award priority to grant applications for programs to 
train former members of the armed forces (as defined in section 101 of 
title 10) in the safe operation of such vehicles.''.
  (c) Authorization of Appropriations.--Section 31104 of title 49, 
United States Code, as amended by this Act, is further amended on the 
effective date set forth in subsection (f) to read as follows:

``Sec. 31104. Authorization of appropriations

  ``(a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
          ``(1) Motor carrier safety assistance program.--Subject to 
        paragraph (2) and subsection (c), to carry out section 31102--
                  ``(A) $278,242,684 for fiscal year 2017;
                  ``(B) $293,685,550 for fiscal year 2018;
                  ``(C) $308,351,227 for fiscal year 2019;
                  ``(D) $323,798,553 for fiscal year 2020; and
                  ``(E) $339,244,023 for fiscal year 2021.
          ``(2) High priority activities program.--Subject to 
        subsection (c), to make grants and cooperative agreements under 
        section 31102(l), the Secretary may set aside from amounts made 
        available under paragraph (1) up to--
                  ``(A) $40,798,780 for fiscal year 2017;
                  ``(B) $41,684,114 for fiscal year 2018;
                  ``(C) $42,442,764 for fiscal year 2019;
                  ``(D) $43,325,574 for fiscal year 2020; and
                  ``(E) $44,209,416 for fiscal year 2021.
          ``(3) Commercial motor vehicle operators grant program.--To 
        carry out section 31103--
                  ``(A) $1,000,000 for fiscal year 2017;
                  ``(B) $1,000,000 for fiscal year 2018;
                  ``(C) $1,000,000 for fiscal year 2019;
                  ``(D) $1,000,000 for fiscal year 2020; and
                  ``(E) $1,000,000 for fiscal year 2021.
          ``(4) Commercial driver's license program implementation 
        program.--Subject to subsection (c), to carry out section 
        31313--
                  ``(A) $30,958,536 for fiscal year 2017;
                  ``(B) $31,630,336 for fiscal year 2018;
                  ``(C) $32,206,008 for fiscal year 2019;
                  ``(D) $32,875,893 for fiscal year 2020; and
                  ``(E) $33,546,562 for fiscal year 2021.
  ``(b) Reimbursement and Payment to Recipients for Government Share of 
Costs.--
          ``(1) In general.--Amounts made available under subsection 
        (a) shall be used to reimburse financial assistance recipients 
        proportionally for the Federal Government's share of the costs 
        incurred.
          ``(2) Reimbursement amounts.--The Secretary shall reimburse a 
        recipient, in accordance with a financial assistance agreement 
        made under section 31102, 31103, or 31313, an amount that is at 
        least 85 percent of the costs incurred by the recipient in a 
        fiscal year in developing and implementing programs under such 
        sections. The Secretary shall pay the recipient an amount not 
        more than the Federal Government share of the total costs 
        approved by the Federal Government in the financial assistance 
        agreement. The Secretary shall include a recipient's in-kind 
        contributions in determining the reimbursement.
          ``(3) Vouchers.--Each recipient shall submit vouchers at 
        least quarterly for costs the recipient incurs in developing 
        and implementing programs under sections 31102, 31103, and 
        31313.
  ``(c) Deductions for Partner Training and Program Support.--On 
October 1 of each fiscal year, or as soon after that date as 
practicable, the Secretary may deduct from amounts made available under 
paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not 
more than 1.50 percent of those amounts for partner training and 
program support in that fiscal year. The Secretary shall use at least 
75 percent of those deducted amounts to train non-Federal Government 
employees and to develop related training materials in carrying out 
such programs.
  ``(d) Grants and Cooperative Agreements as Contractual Obligations.--
The approval of a financial assistance agreement by the Secretary under 
section 31102, 31103, or 31313 is a contractual obligation of the 
Federal Government for payment of the Federal Government's share of 
costs in carrying out the provisions of the grant or cooperative 
agreement.
  ``(e) Eligible Activities.--The Secretary shall establish criteria 
for eligible activities to be funded with financial assistance 
agreements under this section and publish those criteria in a notice of 
funding availability before the financial assistance program 
application period.
  ``(f) Period of Availability of Financial Assistance Agreement Funds 
for Recipient Expenditures.--The period of availability for a recipient 
to expend funds under a grant or cooperative agreement authorized under 
subsection (a) is as follows:
          ``(1) For grants made for carrying out section 31102, other 
        than section 31102(l), for the fiscal year in which the 
        Secretary approves the financial assistance agreement and for 
        the next fiscal year.
          ``(2) For grants made or cooperative agreements entered into 
        for carrying out section 31102(l)(2), for the fiscal year in 
        which the Secretary approves the financial assistance agreement 
        and for the next 2 fiscal years.
          ``(3) For grants made for carrying out section 31102(l)(3), 
        for the fiscal year in which the Secretary approves the 
        financial assistance agreement and for the next 4 fiscal years.
          ``(4) For grants made for carrying out section 31103, for the 
        fiscal year in which the Secretary approves the financial 
        assistance agreement and for the next fiscal year.
          ``(5) For grants made or cooperative agreements entered into 
        for carrying out section 31313, for the fiscal year in which 
        the Secretary approves the financial assistance agreement and 
        for the next 4 fiscal years.
  ``(g) Contract Authority; Initial Date of Availability.--Amounts 
authorized from the Highway Trust Fund (other than the Mass Transit 
Account) by this section shall be available for obligation on the date 
of their apportionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first.
  ``(h) Availability of Funding.--Amounts made available under this 
section shall remain available until expended.''.
  (d) Clerical Amendment.--The analysis for chapter 311 of title 49, 
United States Code, is amended by striking the items relating to 
sections 31102, 31103, and 31104 and inserting the following:

``31102. Motor carrier safety assistance program.
``31103. Commercial motor vehicle operators grant program.
``31104. Authorization of appropriations.''.

  (e) Conforming Amendments.--
          (1) Safety fitness of owners and operator; safety reviews of 
        new operators.--Section 31144(g) of title 49, United States 
        Code, is amended by striking paragraph (5).
          (2) Information systems; performance and registration 
        information program.--Section 31106(b) of title 49, United 
        States Code, is amended by striking paragraph (4).
          (3) Border enforcement grants.--Section 31107 of title 49, 
        United States Code, and the item relating to that section in 
        the analysis for chapter 311 of that title, are repealed.
          (4) Performance and registration information system 
        management.--Section 31109 of title 49, United States Code, and 
        the item relating to that section in the analysis for chapter 
        311 of that title, are repealed.
          (5) Commercial vehicle information systems and networks 
        deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note), 
        and the item relating to that section in the table of contents 
        contained in section 1(b) of that Act, are repealed.
          (6) Safety data improvement program.--Section 4128 of 
        SAFETEA-LU (49 U.S.C. 31100 note), and the item relating to 
        that section in the table of contents contained in section 1(b) 
        of that Act, are repealed.
          (7) Grant program for commercial motor vehicle operators.--
        Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the item 
        relating to that section in the table of contents contained in 
        section 1(b) of that Act, are repealed.
          (8) Maintenance of effort as condition on grants to states.--
        Section 103(c) of the Motor Carrier Safety Improvement Act of 
        1999 (49 U.S.C. 31102 note) is repealed.
          (9) State compliance with cdl requirements.--Section 103(e) 
        of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 
        31102 note) is repealed.
          (10) Border staffing standards.--Section 218(d) of the Motor 
        Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) 
        is amended--
                  (A) in paragraph (1) by striking ``section 
                31104(f)(2)(B) of title 49, United States Code'' and 
                inserting ``section 31104(a)(1) of title 49, United 
                States Code''; and
                  (B) by striking paragraph (3).
  (f) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2016.
  (g) Transition.--Notwithstanding the amendments made by this section, 
the Secretary shall carry out sections 31102, 31103, 31104 of title 49, 
United States Code, and any sections repealed under subsection (e), as 
necessary, as those sections were in effect on the day before October 
1, 2016, with respect to applications for grants, cooperative 
agreements, or contracts under those sections submitted before October 
1, 2016.

SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT.

  Section 31106(b) of title 49, United States Code, is amended in the 
subheading by striking ``Program'' and inserting ``Systems 
Management''.

SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Subchapter I of chapter 311 of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 31110. Authorization of appropriations

  ``(a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
          ``(1) $259,000,000 for fiscal year 2016;
          ``(2) $259,000,000 for fiscal year 2017;
          ``(3) $259,000,000 for fiscal year 2018;
          ``(4) $259,000,000 for fiscal year 2019;
          ``(5) $259,000,000 for fiscal year 2020; and
          ``(6) $259,000,000 for fiscal year 2021.
  ``(b) Use of Funds.--The funds authorized by this section shall be 
used for--
          ``(1) personnel costs;
          ``(2) administrative infrastructure;
          ``(3) rent;
          ``(4) information technology;
          ``(5) programs for research and technology, information 
        management, regulatory development, and the administration of 
        performance and registration information systems management 
        under section 31106(b);
          ``(6) programs for outreach and education under subsection 
        (c);
          ``(7) other operating expenses;
          ``(8) conducting safety reviews of new operators; and
          ``(9) such other expenses as may from time to time become 
        necessary to implement statutory mandates of the Federal Motor 
        Carrier Safety Administration not funded from other sources.
  ``(c) Outreach and Education Program.--
          ``(1) In general.--The Secretary may conduct, through any 
        combination of grants, contracts, cooperative agreements, and 
        other activities, an internal and external outreach and 
        education program to be administered by the Administrator of 
        the Federal Motor Carrier Safety Administration.
          ``(2) Federal share.--The Federal share of an outreach and 
        education project for which a grant, contract, or cooperative 
        agreement is made under this subsection may be up to 100 
        percent of the cost of the project.
          ``(3) Funding.--From amounts made available under subsection 
        (a), the Secretary shall make available not more than 
        $4,000,000 each fiscal year.
  ``(d) Contract Authority; Initial Date of Availability.--Amounts 
authorized from the Highway Trust Fund (other than the Mass Transit 
Account) by this section shall be available for obligation on the date 
of their apportionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first.
  ``(e) Funding Availability.--Amounts made available under this 
section shall remain available until expended.
  ``(f) Contractual Obligation.--The approval of funds by the Secretary 
under this section is a contractual obligation of the Federal 
Government for payment of the Federal Government's share of costs.''.
  (b) Clerical Amendment.--The analysis for chapter 311 of title 49, 
United States Code, is amended by adding at the end of the items 
relating to subchapter I the following:

``31110. Authorization of appropriations.''.

  (c) Conforming Amendments.--
          (1) Administrative expenses; authorization of 
        appropriations.--Section 31104 of title 49, United States Code, 
        is amended--
                  (A) by striking subsection (i); and
                  (B) by redesignating subsections (j) and (k) as 
                subsections (i) and (j), respectively.
          (2) Use of amounts made available under subsection (i).--
        Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is amended 
        by striking ``section 31104(i)'' and inserting ``section 
        31110''.
          (3) Internal cooperation.--Section 31161 of title 49, United 
        States Code, is amended by striking ``section 31104(i)'' and 
        inserting ``section 31110''.
          (4) SAFETEA-LU; outreach and education.--Section 4127 of 
        SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item 
        relating to that section in the table of contents contained in 
        section 1(b) of that Act, are repealed.

SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.

  (a) In General.--Section 31313 of title 49, United States Code, is 
amended to read as follows:

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

  ``(a) In General.--The Secretary of Transportation shall administer a 
financial assistance program for commercial driver's license program 
implementation for the purposes described in paragraphs (1) and (2).
          ``(1) State commercial driver's license program 
        implementation grants.--In carrying out the program, the 
        Secretary may make a grant to a State agency in a fiscal year--
                  ``(A) to assist the State in complying with the 
                requirements of section 31311;
                  ``(B) in the case of a State that is making a good 
                faith effort toward substantial compliance with the 
                requirements of section 31311, to improve the State's 
                implementation of its commercial driver's license 
                program, including expenses--
                          ``(i) for computer hardware and software;
                          ``(ii) for publications, testing, personnel, 
                        training, and quality control;
                          ``(iii) for commercial driver's license 
                        program coordinators; and
                          ``(iv) to implement or maintain a system to 
                        notify an employer of an operator of a 
                        commercial motor vehicle of the suspension or 
                        revocation of the operator's commercial 
                        driver's license consistent with the standards 
                        developed under section 32303(b) of the 
                        Commercial Motor Vehicle Safety Enhancement Act 
                        of 2012 (49 U.S.C. 31304 note).
          ``(2) Priority activities.--The Secretary may make a grant to 
        or enter into a cooperative agreement with a State agency, 
        local government, or any person in a fiscal year for research, 
        development and testing, demonstration projects, public 
        education, and other special activities and projects relating 
        to commercial drivers licensing and motor vehicle safety that--
                  ``(A) benefit all jurisdictions of the United States;
                  ``(B) address national safety concerns and 
                circumstances;
                  ``(C) address emerging issues relating to commercial 
                driver's license improvements;
                  ``(D) support innovative ideas and solutions to 
                commercial driver's license program issues; or
                  ``(E) address other commercial driver's license 
                issues, as determined by the Secretary.
  ``(b) Prohibitions.--A recipient may not use financial assistance 
funds awarded under this section to rent, lease, or buy land or 
buildings.
  ``(c) Report.--The Secretary shall issue an annual report on the 
activities carried out under this section.
  ``(d) Apportionment.--All amounts made available to carry out this 
section for a fiscal year shall be apportioned to a recipient described 
in subsection (a)(2) according to criteria prescribed by the Secretary.
  ``(e) Funding.--For fiscal years beginning after September 30, 2016, 
this section shall be funded under section 31104.''.
  (b) Clerical Amendment.--The analysis for chapter 313 of title 49, 
United States Code, is amended by striking the item relating to section 
31313 and inserting the following:

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

SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS FOR 
                    FISCAL YEAR 2016.

  (a) Motor Carrier Safety Assistance Program Grant Extension.--Section 
31104(a) of title 49, United States Code, is amended by striking 
paragraphs (10) and (11) and inserting the following:
          ``(10) $218,000,000 for fiscal year 2015; and
          ``(11) $241,480,000 for fiscal year 2016.''.
  (b) Extension of Grant Programs.--Section 4101(c) of SAFETEA-LU (119 
Stat. 1715; Public Law 109-59) is amended to read as follows:
  ``(c) Authorization of Appropriations.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
          ``(1) Commercial driver's license program improvement 
        grants.--For carrying out the commercial driver's license 
        program improvement grants program under section 31313 of title 
        49, United States Code, $30,480,000 for fiscal year 2016.
          ``(2) Border enforcement grants.--For border enforcement 
        grants under section 31107 of that title $32,512,000 for fiscal 
        year 2016.
          ``(3) Performance and registration information systems 
        management grant program.--For the performance and registration 
        information systems management grant program under section 
        31109 of that title $5,080,000 for fiscal year 2016.
          ``(4) Commercial vehicle information systems and networks 
        deployment.--For carrying out the commercial vehicle 
        information systems and networks deployment program under 
        section 4126 of this Act $25,400,000 for fiscal year 2016.
          ``(5) Safety data improvement grants.--For safety data 
        improvement grants under section 4128 of this Act $3,048,000 
        for fiscal year 2016.''.
  (c) High-Priority Activities.--Section 31104(j)(2) of title 49, 
United States Code, as redesignated by this subtitle, is amended by 
striking ``2015'' the first place it appears and inserting ``2016''.
  (d) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United 
States Code, is amended to read as follows:
                  ``(B) Set aside.--The Secretary shall set aside from 
                amounts made available under section 31104(a) up to 
                $32,000,000 for fiscal year 2016 for audits of new 
                entrant motor carriers conducted under this 
                paragraph.''.
  (e) Grant Program for Commercial Motor Vehicle Operators.--Section 
4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is amended to read as 
follows:
  ``(c) Funding.--From amounts made available under section 31110 of 
title 49, United States Code, the Secretary shall make available, 
$1,000,000 for fiscal year 2016 to carry out this section.''.
  (f) Commercial Vehicle Information Systems and Networks Deployment.--
          (1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 
        note; 119 Stat. 1738; Public Law 109-59) is amended--
                  (A) in subsection (c)--
                          (i) in paragraph (2) by adding at the end the 
                        following: ``Funds deobligated by the Secretary 
                        from previous year grants shall not be counted 
                        toward the $2,500,000 maximum aggregate amount 
                        for core deployment.''; and
                          (ii) in paragraph (3) by adding at the end 
                        the following: ``Funds may also be used for 
                        planning activities, including the development 
                        or updating of program or top level design 
                        plans.''; and
                  (B) in subsection (d)(4) by adding at the end the 
                following: ``Funds may also be used for planning 
                activities, including the development or updating of 
                program or top level design plans.''.
          (2) Innovative technology deployment program.--For fiscal 
        year 2016, the commercial vehicle information systems and 
        networks deployment program under section 4126 of SAFETEA-LU 
        (119 Stat. 1738; Public Law 109-59) may also be referred to as 
        the innovative technology deployment program.

SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION.

  (a) Working Group.--
          (1) Establishment.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a motor 
        carrier safety assistance program formula working group (in 
        this section referred to as the ``working group'').
          (2) Membership.--
                  (A) In general.--Subject to subparagraph (B), the 
                working group shall consist of representatives of the 
                following:
                          (i) The Federal Motor Carrier Safety 
                        Administration.
                          (ii) The lead State commercial motor vehicle 
                        safety agencies responsible for administering 
                        the plan required by section 31102 of title 49, 
                        United States Code.
                          (iii) An organization representing State 
                        agencies responsible for enforcing a program 
                        for inspection of commercial motor vehicles.
                          (iv) Such other persons as the Secretary 
                        considers necessary.
                  (B) Composition.--Representatives of State commercial 
                motor vehicle safety agencies shall comprise at least 
                51 percent of the membership.
          (3) New allocation formula.--The working group shall analyze 
        requirements and factors for the establishment of a new 
        allocation formula for the motor carrier assistance program 
        under section 31102 of title 49, United States Code.
          (4) Recommendation.--Not later than 1 year after the date the 
        working group is established under paragraph (1), the working 
        group shall make a recommendation to the Secretary regarding a 
        new allocation formula for the motor carrier assistance 
        program.
          (5) Exemption.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the working group established under 
        this subsection.
          (6) Publication.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall publish on a publicly 
        accessible Internet Web site of the Federal Motor Carrier 
        Safety Administration--
                  (A) summaries of the meetings of the working group; 
                and
                  (B) the final recommendation of the working group 
                provided to the Secretary.
  (b) Notice of Proposed Rulemaking.--After receiving the 
recommendation of the working group under subsection (a)(4), the 
Secretary shall publish in the Federal Register a notice seeking public 
comment on the establishment of a new allocation formula for the motor 
carrier safety assistance program.
  (c) Basis for Formula.--The Secretary shall ensure that the new 
allocation formula for the motor carrier assistance program is based on 
factors that reflect, at a minimum--
          (1) the relative needs of the States to comply with section 
        31102 of title 49, United States Code;
          (2) the relative administrative capacities of and challenges 
        faced by States in complying with that section;
          (3) the average of each State's new entrant motor carrier 
        inventory for the 3-year period prior to the date of enactment 
        of this Act;
          (4) the number of international border inspection facilities 
        and border crossings by commercial vehicles in each State; and
          (5) any other factors the Secretary considers appropriate.
  (d) Funding Amounts Prior to Development of New Allocation Formula.--
          (1) Interim formula.--Prior to the development of the new 
        allocation formula for the motor carrier assistance program, 
        the Secretary may calculate the interim funding amounts for 
        that program in fiscal year 2017 (and later fiscal years, as 
        necessary) under section 31104(a)(1) of title 49, United States 
        Code, as amended by this subtitle, by using the following 
        methodology:
                  (A) The Secretary shall calculate the funding amount 
                to a State using the allocation formula the Secretary 
                used to award motor carrier safety assistance program 
                funding in fiscal year 2016 under section 31102 of 
                title 49, United States Code.
                  (B) The Secretary shall average the funding awarded 
                or other equitable amounts to a State in fiscal years 
                2013, 2014, and 2015 for--
                          (i) border enforcement grants under section 
                        31107 of title 49, United States Code; and
                          (ii) new entrant audit grants under section 
                        31144(g)(5) of that title.
                  (C) The Secretary shall add the amounts calculated in 
                subparagraphs (A) and (B).
          (2) Adjustments.--Subject to the availability of funding and 
        notwithstanding fluctuations in the data elements used by the 
        Secretary, the initial amounts resulting from the calculation 
        described in paragraph (1) shall be adjusted to ensure that, 
        for each State, the amount shall not be less than 97 percent of 
        the average amount of funding received or other equitable 
        amounts in fiscal years 2013, 2014, and 2015 for--
                  (A) motor carrier safety assistance program funds 
                awarded to the State under section 31102 of title 49, 
                United States Code;
                  (B) border enforcement grants awarded to the State 
                under section 31107 of title 49, United States Code; 
                and
                  (C) new entrant audit grants awarded to the State 
                under section 31144(g)(5) of title 49, United States 
                Code.
          (3) Immediate relief.--In developing the new allocation 
        formula, the Secretary shall terminate the withholding of motor 
        carrier assistance program funds from a State for at least 3 
        fiscal years if the State was subject to the withholding of 
        such funds for matters of noncompliance immediately prior to 
        the date of enactment of this Act.
          (4) Future withholdings.--Beginning on the date that the new 
        allocation formula for the motor carrier assistance program is 
        implemented, the Secretary shall impose all future withholdings 
        in accordance with section 31102(k) of title 49, United States 
        Code, as amended by this subtitle.
  (e) Termination of Working Group.--The working group established 
under subsection (a) shall terminate on the date of the implementation 
of a new allocation formula for the motor carrier safety assistance 
program.

SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.

  (a) Before New Allocation Formula.--
          (1) Fiscal year 2017.--If a new allocation formula for the 
        motor carrier safety assistance program has not been 
        established under this subtitle for fiscal year 2017, the 
        Secretary shall calculate for fiscal year 2017 the maintenance 
        of effort baseline required under section 31102(f) of title 49, 
        United States Code, as amended by this subtitle, by averaging 
        the expenditures for fiscal years 2004 and 2005 required by 
        section 31102(b)(4) of title 49, United States Code, as that 
        section was in effect on the day before the date of enactment 
        of this Act.
          (2) Subsequent fiscal years.--The Secretary may use the 
        methodology for calculating the maintenance of effort baseline 
        specified in paragraph (1) for fiscal year 2018 and subsequent 
        fiscal years if a new allocation formula for the motor carrier 
        safety assistance program has not been established for that 
        fiscal year.
  (b) Beginning With New Allocation Formation.--
          (1) In general.--Subject to paragraphs (2) and (3)(B), 
        beginning on the date that a new allocation formula for the 
        motor carrier safety assistance program is established under 
        this subtitle, upon the request of a State, the Secretary may 
        waive or modify the baseline maintenance of effort required of 
        the State by section 31102(e) of title 49, United States Code, 
        as amended by this subtitle, for the purpose of establishing a 
        new baseline maintenance of effort if the Secretary determines 
        that a waiver or modification--
                  (A) is equitable due to reasonable circumstances;
                  (B) will ensure the continuation of commercial motor 
                vehicle enforcement activities in the State; and
                  (C) is necessary to ensure that the total amount of 
                State maintenance of effort and matching expenditures 
                required under sections 31102 and 31104 of title 49, 
                United States Code, as amended by this subtitle, does 
                not exceed a sum greater than the average of the total 
                amount of State maintenance of effort and matching 
                expenditures required under those sections for the 3 
                fiscal years prior to the date of enactment of this 
                Act.
          (2) Adjustment methodology.--If requested by a State, the 
        Secretary may modify the maintenance of effort baseline 
        referred to in paragraph (1) for the State according to the 
        following methodology:
                  (A) The Secretary shall establish the maintenance of 
                effort baseline for the State using the average 
                baseline of fiscal years 2004 and 2005, as required by 
                section 31102(b)(4) of title 49, United States Code, as 
                that section was in effect on the day before the date 
                of enactment of this Act.
                  (B) The Secretary shall calculate the average 
                required match by a lead State commercial motor vehicle 
                safety agency for fiscal years 2013, 2014, and 2015 for 
                motor carrier safety assistance grants established at 
                20 percent by section 31103 of title 49, United States 
                Code, as that section was in effect on the day before 
                the date of enactment of this Act.
                  (C) The Secretary shall calculate the estimated match 
                required under section 31104(b) of title 49, United 
                States Code, as amended by this subtitle.
                  (D) The Secretary shall subtract the amount in 
                subparagraph (B) from the amount in subparagraph (C) 
                and--
                          (i) if the number is greater than 0, the 
                        Secretary shall subtract the number from the 
                        amount in subparagraph (A); or
                          (ii) if the number is not greater than 0, the 
                        Secretary shall calculate the maintenance of 
                        effort using the methodology in subparagraph 
                        (A).
          (3) Maintenance of effort amount.--
                  (A) In general.--The Secretary shall use the amount 
                calculated under paragraph (2) as the baseline 
                maintenance of effort required under section 31102(f) 
                of title 49, United States Code, as amended by this 
                subtitle.
                  (B) Deadline.--If a State does not request a waiver 
                or modification under this subsection before September 
                30 during the first fiscal year that the Secretary 
                implements a new allocation formula for the motor 
                carrier safety assistance program under this subtitle, 
                the Secretary shall calculate the maintenance of effort 
                using the methodology described in paragraph (2)(A).
          (4) Maintenance of effort described.--The maintenance of 
        effort calculated under this section is the amount required 
        under section 31102(f) of title 49, United States Code, as 
        amended by this subtitle.
  (c) Termination of Effectiveness.--The authority of the Secretary 
under this section shall terminate effective on the date that a new 
maintenance of effort baseline is calculated based on a new allocation 
formula for the motor carrier safety assistance program implemented 
under section 31102 of title 49, United States Code.

     Subtitle B--Federal Motor Carrier Safety Administration Reform

                       PART I--REGULATORY REFORM

SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.

  Section 13906(e) of title 49, United States Code, is amended by 
inserting ``or suspend'' after ``revoke''.

SEC. 5202. REGULATIONS.

  Section 31136 of title 49, United States Code, is amended--
          (1) by redesignating subsection (f) as subsection (g) and 
        transferring such subsection to appear at the end of section 
        31315 of such title; and
          (2) by adding at the end the following:
  ``(f) Regulatory Impact Analysis.--Within each regulatory impact 
analysis of a proposed or final rule issued by the Federal Motor 
Carrier Safety Administration, the Secretary shall, whenever 
practicable--
          ``(1) consider the effects of the proposed or final rule on 
        different segments of the motor carrier industry;
          ``(2) formulate estimates and findings based on the best 
        available science; and
          ``(3) utilize available data specific to the different types 
        of motor carriers, including small and large carriers, and 
        drivers that will be impacted by the proposed or final rule.
  ``(g) Public Participation.--
          ``(1) In general.--If a proposed rule promulgated under this 
        part is likely to lead to the promulgation of a major rule, the 
        Secretary, before promulgating such proposed rule, shall--
                  ``(A) issue an advance notice of proposed rulemaking; 
                or
                  ``(B) proceed with a negotiated rulemaking.
          ``(2) Requirements.--Each advance notice of proposed 
        rulemaking issued under paragraph (1) shall--
                  ``(A) identify the need for a potential regulatory 
                action;
                  ``(B) identify and request public comment on the best 
                available science or technical information relevant to 
                analyzing potential regulatory alternatives;
                  ``(C) request public comment on the available data 
                and costs with respect to regulatory alternatives 
                reasonably likely to be considered as part of the 
                rulemaking; and
                  ``(D) request public comment on available 
                alternatives to regulation.
          ``(3) Waiver.--This subsection does not apply to a proposed 
        rule if the Secretary, for good cause, finds (and incorporates 
        the finding and a brief statement of reasons for such finding 
        in the proposed or final rule) that an advance notice of 
        proposed rulemaking is impracticable, unnecessary, or contrary 
        to the public interest.
  ``(h) Review of Rules.--
          ``(1) In general.--Once every 5 years, the Secretary shall 
        conduct a review of regulations issued under this part.
          ``(2) Schedule.--At the beginning of each 5-year review 
        period, the Secretary shall publish a schedule that sets forth 
        the plan for completing the review under paragraph (1) within 5 
        years.
          ``(3) Notification of changes.--During each review period, 
        the Secretary shall address any changes to the schedule 
        published under paragraph (2) and notify the public of such 
        changes.
          ``(4) Consideration of petitions.--In conducting a review 
        under paragraph (1), the Secretary shall consider petitions for 
        regulatory action under this part received by the Administrator 
        of the Federal Motor Carrier Safety Administration.
          ``(5) Assessment.--At the conclusion of each review under 
        paragraph (1), the Secretary shall publish on a publicly 
        accessible Internet Web site of the Department of 
        Transportation an assessment that includes--
                  ``(A) an inventory of the regulations issued during 
                the 5-year period ending on the date on which the 
                assessment is published;
                  ``(B) a determination of whether the regulations 
                are--
                          ``(i) consistent and clear;
                          ``(ii) current with the operational realities 
                        of the motor carrier industry; and
                          ``(iii) uniformly enforced; and
                  ``(C) an assessment of whether the regulations 
                continue to be necessary.
          ``(6) Rulemaking.--Not later than 2 years after the 
        completion of each review under this subsection, the Secretary 
        shall initiate a rulemaking to amend regulations as necessary 
        to address the determinations made under paragraph (5)(B) and 
        the results of the assessment under paragraph (5)(C).
  ``(i) Rule of Construction.--Nothing in subsection (f) or (g) may be 
construed to limit the contents of an advance notice of proposed 
rulemaking.''.

SEC. 5203. GUIDANCE.

  (a) In General.--
          (1) Date of issuance and point of contact.--Each guidance 
        document issued by the Federal Motor Carrier Safety 
        Administration shall have a date of issuance or a date of 
        revision, as applicable, and shall include the name and contact 
        information of a point of contact at the Administration who can 
        respond to questions regarding the guidance.
          (2) Public accessibility.--
                  (A) In general.--Each guidance document issued or 
                revised by the Federal Motor Carrier Safety 
                Administration shall be published on a publicly 
                accessible Internet Web site of the Department on the 
                date of issuance or revision.
                  (B) Redaction.--The Administrator of the Federal 
                Motor Carrier Safety Administration may redact from a 
                guidance document published under subparagraph (A) any 
                information that would reveal investigative techniques 
                that would compromise Administration enforcement 
                efforts.
          (3) Incorporation into regulations.--Not later than 5 years 
        after the date on which a guidance document is published under 
        paragraph (2) or during an applicable review under subsection 
        (c), whichever is earlier, the Secretary shall revise 
        regulations to incorporate the guidance document to the extent 
        practicable.
          (4) Reissuance.--If a guidance document is not incorporated 
        into regulations in accordance with paragraph (3), the 
        Administrator shall--
                  (A) reissue an updated version of the guidance 
                document; and
                  (B) review and reissue an updated version of the 
                guidance document every 5 years until the date on which 
                the guidance document is removed or incorporated into 
                applicable regulations.
  (b) Initial Review.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall review all guidance 
documents published under subsection (a) to ensure that such documents 
are current, are readily accessible to the public, and meet the 
standards specified in subparagraphs (A), (B), and (C) of subsection 
(c)(1).
  (c) Regular Review.--
          (1) In general.--Subject to paragraph (2), not less than once 
        every 5 years, the Administrator shall conduct a comprehensive 
        review of the guidance documents issued by the Federal Motor 
        Carrier Safety Administration to determine whether such 
        documents are--
                  (A) consistent and clear;
                  (B) uniformly and consistently enforced; and
                  (C) still necessary.
          (2) Notice and comment.--Prior to beginning a review under 
        paragraph (1), the Administrator shall publish in the Federal 
        Register a notice and request for comment that solicits input 
        from stakeholders on which guidance documents should be updated 
        or eliminated.
          (3) Report.--
                  (A) In general.--Not later than 60 days after the 
                date on which a review under paragraph (1) is 
                completed, the Administrator shall publish on a 
                publicly accessible Internet Web site of the Department 
                a report detailing the review and a full inventory of 
                the guidance documents of the Administration.
                  (B) Contents.--A report under subparagraph (A) shall 
                include a summary of the response of the Administration 
                to each comment received under paragraph (2).
  (d) Guidance Document Defined.--In this section, the term ``guidance 
document'' means a document issued by the Federal Motor Carrier Safety 
Administration that--
          (1) provides an interpretation of a regulation of the 
        Administration; or
          (2) includes an enforcement policy of the Administration.

SEC. 5204. PETITIONS.

  (a) In General.--The Administrator of the Federal Motor Carrier 
Safety Administration shall--
          (1) publish on a publicly accessible Internet Web site of the 
        Department a summary of all petitions for regulatory action 
        submitted to the Administration;
          (2) prioritize the petitions submitted based on the 
        likelihood of safety improvements resulting from the regulatory 
        action requested;
          (3) not later than 180 days after the date a summary of a 
        petition is published under paragraph (1), formally respond to 
        such petition by indicating whether the Administrator will 
        accept, deny, or further review the petition;
          (4) prioritize responses to petitions consistent with a 
        response's potential to reduce crashes, improve enforcement, 
        and reduce unnecessary burdens; and
          (5) not later than 60 days after the date of receipt of a 
        petition, publish on a publicly accessible Internet Web site of 
        the Department an updated inventory of the petitions described 
        in paragraph (1), including any applicable disposition 
        information for those petitions.
  (b) Petition Defined.--In this section, the term ``petition'' means a 
request for a new regulation, a regulatory interpretation or 
clarification, or a review of a regulation to eliminate or modify an 
obsolete, ineffective, or overly burdensome regulation.

           PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

SEC. 5221. CORRELATION STUDY.

  (a) In General.--The Administrator of the Federal Motor Carrier 
Safety Administration (referred to in this part as the 
``Administrator'') shall commission the National Research Council of 
the National Academies to conduct a study of--
          (1) the Compliance, Safety, Accountability program of the 
        Federal Motor Carrier Safety Administration (referred to in 
        this part as the ``CSA program''); and
          (2) the Safety Measurement System utilized by the CSA program 
        (referred to in this part as the ``SMS'').
  (b) Scope of Study.--In carrying out the study commissioned pursuant 
to subsection (a), the National Research Council--
          (1) shall analyze--
                  (A) the accuracy with which the Behavior Analysis and 
                Safety Improvement Categories (referred to in this part 
                as ``BASIC'')--
                          (i) identify high risk carriers; and
                          (ii) predict or are correlated with future 
                        crash risk, crash severity, or other safety 
                        indicators for motor carriers;
                  (B) the methodology used to calculate BASIC 
                percentiles and identify carriers for enforcement, 
                including the weights assigned to particular violations 
                and the tie between crash risk and specific regulatory 
                violations, with respect to accurately identifying and 
                predicting future crash risk for motor carriers;
                  (C) the relative value of inspection information and 
                roadside enforcement data;
                  (D) any data collection gaps or data sufficiency 
                problems that may exist and the impact of those gaps 
                and problems on the efficacy of the CSA program;
                  (E) the accuracy of safety data, including the use of 
                crash data from crashes in which a motor carrier was 
                free from fault;
                  (F) whether BASIC percentiles for motor carriers of 
                passengers should be calculated differently than for 
                motor carriers of freight;
                  (G) the differences in the rates at which safety 
                violations are reported to the Federal Motor Carrier 
                Safety Administration for inclusion in the SMS by 
                various enforcement authorities, including States, 
                territories, and Federal inspectors; and
                  (H) how members of the public use the SMS and what 
                effect making the SMS information public has had on 
                reducing crashes and eliminating unsafe motor carriers 
                from the industry; and
          (2) shall consider--
                  (A) whether the SMS provides comparable precision and 
                confidence, through SMS alerts and percentiles, for the 
                relative crash risk of individual large and small motor 
                carriers;
                  (B) whether alternatives to the SMS would identify 
                high risk carriers more accurately; and
                  (C) the recommendations and findings of the 
                Comptroller General of the United States and the 
                Inspector General of the Department, and independent 
                review team reports, issued before the date of 
                enactment of this Act.
  (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Administrator shall submit a report containing the 
results of the study commissioned pursuant to subsection (a) to--
          (1) the Committee on Commerce, Science, and Transportation of 
        the Senate;
          (2) the Committee on Transportation and Infrastructure of the 
        House of Representatives; and
          (3) the Inspector General of the Department.
  (d) Corrective Action Plan.--
          (1) In general.--Not later than 120 days after the 
        Administrator submits the report under subsection (c), if that 
        report identifies a deficiency or opportunity for improvement 
        in the CSA program or in any element of the SMS, the 
        Administrator shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a corrective action plan that--
                  (A) responds to the deficiencies or opportunities 
                identified by the report;
                  (B) identifies how the Federal Motor Carrier Safety 
                Administration will address such deficiencies or 
                opportunities; and
                  (C) provides an estimate of the cost, including with 
                respect to changes in staffing, enforcement, and data 
                collection, necessary to address such deficiencies or 
                opportunities.
          (2) Program reforms.--The corrective action plan submitted 
        under paragraph (1) shall include an implementation plan that--
                  (A) includes benchmarks;
                  (B) includes programmatic reforms, revisions to 
                regulations, or proposals for legislation; and
                  (C) shall be considered in any rulemaking by the 
                Department that relates to the CSA program, including 
                the SMS.
  (e) Inspector General Review.--Not later than 120 days after the 
Administrator submits a corrective action plan under subsection (d), 
the Inspector General of the Department shall--
          (1) review the extent to which such plan implements--
                  (A) recommendations contained in the report submitted 
                under subsection (c); and
                  (B) relevant recommendations issued by the 
                Comptroller General or the Inspector General before the 
                date of enactment of this Act; and
          (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the responsiveness of the 
        corrective action plan to the recommendations described in 
        paragraph (1).

SEC. 5222. BEYOND COMPLIANCE.

  (a) In General.--Not later than 18 months after the date of enactment 
of this Act, the Administrator shall incorporate into the CSA program a 
methodology to allow recognition and an improved SMS score for--
          (1) the installation of advanced safety equipment;
          (2) the use of enhanced driver fitness measures;
          (3) the adoption of fleet safety management tools, 
        technologies, and programs; or
          (4) other metrics as determined appropriate by the 
        Administrator.
  (b) Qualification.--The Administrator, after providing notice and an 
opportunity for comment, shall develop technical or other performance 
standards with respect to advanced safety equipment, enhanced driver 
fitness measures, fleet safety management tools, technologies, and 
programs, and other metrics for purposes of subsection (a).
  (c) Report.--Not later than 18 months after the incorporation of the 
methodology under subsection (a), the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the number of motor carriers 
receiving recognition and improved scores under such methodology and 
the safety performance of such carriers.

SEC. 5223. DATA CERTIFICATION.

  (a) In General.--On and after the date that is 1 day after the date 
of enactment of this Act, no information regarding analysis of 
violations, crashes in which a determination is made that the motor 
carrier or the commercial motor vehicle driver is not at fault, alerts, 
or the relative percentile for each BASIC developed under the CSA 
program may be made available to the public (including through requests 
under section 552 of title 5, United States Code) until the Inspector 
General of the Department certifies that--
          (1) the report required under section 5221(c) has been 
        submitted in accordance with that section;
          (2) any deficiencies identified in the report required under 
        section 5221(c) have been addressed;
          (3) if applicable, the corrective action plan under section 
        5221(d) has been implemented;
          (4) the Administrator of the Federal Motor Carrier Safety 
        Administration has fully implemented or satisfactorily 
        addressed the issues raised in the report titled ``Modifying 
        the Compliance, Safety, Accountability Program Would Improve 
        the Ability to Identify High Risk Carriers'' of the Government 
        Accountability Office and dated February 2014 (GAO-14-114); and
          (5) the CSA program has been modified in accordance with 
        section 5222.
  (b) Limitation on the Use of CSA Analysis.--Information regarding 
alerts and the relative percentile for each BASIC developed under the 
CSA program may not be used for safety fitness determinations until the 
Inspector General of the Department makes the certification under 
subsection (a).
  (c) Continued Public Availability of Data.--Notwithstanding any other 
provision of this section, inspection and violation information 
submitted to the Federal Motor Carrier Safety Administration by 
commercial motor vehicle inspectors and qualified law enforcement 
officials, out-of-service rates, and absolute measures shall remain 
available to the public.
  (d) Exceptions.--
          (1) In general.--Notwithstanding any other provision of this 
        section--
                  (A) the Federal Motor Carrier Safety Administration 
                and State and local commercial motor vehicle 
                enforcement agencies may use the information referred 
                to in subsection (a) for purposes of investigation and 
                enforcement prioritization; and
                  (B) a motor carrier and a commercial motor vehicle 
                driver may access information referred to in subsection 
                (a) that relates directly to the motor carrier or 
                driver, respectively.
          (2) Rule of construction.--Nothing in this section may be 
        construed to restrict the official use by State enforcement 
        agencies of the data collected by State enforcement personnel.

SEC. 5224. INTERIM HIRING STANDARD.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Entity.--The term ``entity'' means a person acting as--
                  (A) a shipper, other than an individual shipper (as 
                that term is defined in section 13102 of title 49, 
                United States Code), or a consignee;
                  (B) a broker or a freight forwarder (as such terms 
                are defined in section 13102 of title 49, United States 
                Code);
                  (C) a non-vessel-operating common carrier, an ocean 
                freight forwarder, or an ocean transportation 
                intermediary (as such terms are defined in section 
                40102 of title 46, United States Code);
                  (D) an indirect air carrier authorized to operate 
                under a Standard Security Program approved by the 
                Transportation Security Administration;
                  (E) a customs broker licensed in accordance with 
                section 111.2 of title 19, Code of Federal Regulations;
                  (F) an interchange motor carrier subject to 
                paragraphs (1)(B) and (2) of section 13902(i) of title 
                49, United States Code; or
                  (G) a warehouse (as defined in section 7-102(13) of 
                the Uniform Commercial Code).
          (2) Motor carrier.--The term ``motor carrier'' means a motor 
        carrier (as that term is defined in section 13102 of title 49, 
        United States Code) that is subject to Federal motor carrier 
        financial responsibility and safety regulations.
  (b) Hiring Standard.--Subsection (c) shall only be applicable to 
entities who, before tendering a shipment, but not more than 35 days 
before the pickup of the shipment by the hired motor carrier, verify 
that the motor carrier, at the time of such verification--
          (1) is registered with and authorized by the Federal Motor 
        Carrier Safety Administration to operate as a motor carrier, if 
        applicable;
          (2) has the minimum insurance coverage required by Federal 
        law; and
          (3) has a satisfactory safety fitness determination issued by 
        the Federal Motor Carrier Safety Administration in force.
  (c) Interim Use of Data.--
          (1) In general.--With respect to an entity who completed a 
        verification under subsection (b), only information regarding 
        the entity's compliance or noncompliance with subsection (b) 
        may be admitted as evidence or otherwise used against the 
        entity in a civil action for damages resulting from a claim of 
        negligent selection or retention of a motor carrier.
          (2) Excluded evidence.--With respect to an entity who 
        completed a verification under subsection (b), motor carrier 
        data (other than the information described in paragraph (1)) 
        created or maintained by the Federal Motor Carrier Safety 
        Administration, including SMS data or analysis of such data, 
        may not be admitted into evidence in a case or proceeding in 
        which it is asserted or alleged that the entity's selection or 
        retention of a motor carrier was negligent.
  (d) Sunset.--This section shall cease to be effective on the date on 
which the Inspector General of the Department makes the certification 
under section 5223(a).

              Subtitle C--Commercial Motor Vehicle Safety

SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS.

  (a) National Clearinghouse for Controlled Substance and Alcohol Test 
Results of Commercial Motor Vehicle Operators.--If the deadline 
established under section 31306a(a)(1) of title 49, United States Code, 
has not been met, not later than 30 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate written notification that--
          (1) explains why such deadline has not been met; and
          (2) establishes a new deadline for completion of the 
        requirements of such section.
  (b) Electronic Logging Devices.--If the deadline established under 
section 31137(a) of title 49, United States Code, has not been met, not 
later than 30 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate written 
notification that--
          (1) explains why such deadline has not been met; and
          (2) establishes a new deadline for completion of the 
        requirements of such section.
  (c) Standards for Training.--If the deadline established under 
section 31305(c) of title 49, United States Code, has not been met, not 
later than 30 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate written 
notification that--
          (1) explains why such deadline has not been met; and
          (2) establishes a new deadline for completion of the 
        requirements of such section.
  (d) Further Responsibilities.--If the Secretary determines that a 
deadline established under subsection (a)(2), (b)(2), or (c)(2) cannot 
be met, not later than 30 days after the date on which such 
determination is made, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
written notification that--
          (1) explains why such deadline cannot be met; and
          (2) establishes a new deadline for completion of the relevant 
        requirements.

SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall issue regulations to modify section 
393.60(e)(1) of title 49, Code of Federal Regulations, to permanently 
allow the voluntary mounting on the inside of a vehicle's windshield, 
within the area swept by windshield wipers, of vehicle safety 
technologies, if the Secretary determines that such mounting is likely 
to achieve a level of safety that is equivalent to, or greater than, 
the level of safety that would be achieved without such mounting.
  (b) Vehicle Safety Technology Defined.--In this section, the term 
``vehicle safety technology'' includes lane departure warning systems, 
collision avoidance systems, on-board video event recording devices, 
and any other technology determined appropriate by the Secretary.
  (c) Rule of Construction.--Nothing in this section may be construed 
to alter the terms of a short-term exemption from section 393.60(e) of 
title 49, Code of Federal Regulations, granted and in effect as of the 
date of enactment of this Act.

SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS.

  The Administrator of the Federal Motor Carrier Safety Administration 
shall prioritize the completion of each outstanding rulemaking required 
by statute before beginning any other rulemaking, unless the Secretary 
determines that there is a significant need for such other rulemaking.

SEC. 5304. SAFETY REPORTING SYSTEM.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the cost and feasibility of establishing a 
self-reporting system for commercial motor vehicle drivers or motor 
carriers with respect to en route equipment failures.
  (b) Contents.--The report required under subsection (a) shall 
include--
          (1) an analysis of--
                  (A) alternatives for the reporting of equipment 
                failures in real time, including an Internet Web site 
                or telephone hotline;
                  (B) the ability of a commercial motor vehicle driver 
                or a motor carrier to provide to the Federal Motor 
                Carrier Safety Administration proof of repair of a 
                self-reported equipment failure;
                  (C) the ability of the Federal Motor Carrier Safety 
                Administration to ensure that self-reported equipment 
                failures proven to be repaired are not used in the 
                calculation of Behavior Analysis and Safety Improvement 
                Category scores;
                  (D) the ability of roadside inspectors to access 
                self-reported equipment failures;
                  (E) the cost to establish and administer a self-
                reporting system;
                  (F) the ability for a self-reporting system to track 
                individual commercial motor vehicles through unique 
                identifiers; and
                  (G) whether a self-reporting system would yield 
                demonstrable safety benefits;
          (2) an identification of any regulatory or statutory 
        impediments to the implementation of a self-reporting system; 
        and
          (3) recommendations on implementing a self-reporting system.

SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM.

  (a) In General.--The Secretary shall conduct an assessment of the new 
operator safety review program under section 31144(g) of title 49, 
United States Code, including the program's effectiveness in reducing 
crashes, fatalities, and injuries involving commercial motor vehicles 
and improving commercial motor vehicle safety.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall publish on a publicly accessible Internet 
Web site of the Department and submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the assessment conducted under subsection (a), 
including any recommendations for improving the effectiveness of the 
program (including recommendations for legislative changes).

SEC. 5306. READY MIXED CONCRETE TRUCKS.

  A driver of a ready mixed concrete mixer truck is exempt from section 
3(a)(3)(ii) of part 395 of title 49, Code of Federal Regulations, if 
the driver is in compliance with clauses (i), (iii), (iv), and (v) of 
subsection (e)(1) of section 1 of part 395 of such title (regarding the 
100 air-mile logging exemption).

              Subtitle D--Commercial Motor Vehicle Drivers

SEC. 5401. OPPORTUNITIES FOR VETERANS.

  (a) Standards for Training and Testing of Veteran Operators.--Section 
31305 of title 49, United States Code, is amended by adding at the end 
the following:
  ``(d) Standards for Training and Testing of Veteran Operators.--
          ``(1) In general.--Not later than December 31, 2016, the 
        Secretary shall modify the regulations prescribed under 
        subsections (a) and (c) to--
                  ``(A) exempt a covered individual from all or a 
                portion of a driving test if the covered individual had 
                experience in the armed forces or reserve components 
                driving vehicles similar to a commercial motor vehicle;
                  ``(B) ensure that a covered individual may apply for 
                an exemption under subparagraph (A) during, at least, 
                the 1-year period beginning on the date on which such 
                individual separates from service in the armed forces 
                or reserve components; and
                  ``(C) credit the training and knowledge a covered 
                individual received in the armed forces or reserve 
                components driving vehicles similar to a commercial 
                motor vehicle for purposes of satisfying minimum 
                standards for training and knowledge.
          ``(2) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Armed forces.--The term `armed forces' has the 
                meaning given that term in section 101(a)(4) of title 
                10.
                  ``(B) Covered individual.--The term `covered 
                individual' means--
                          ``(i) a former member of the armed forces; or
                          ``(ii) a former member of the reserve 
                        components.
                  ``(C) Reserve components.--The term `reserve 
                components' means--
                          ``(i) the Army National Guard of the United 
                        States;
                          ``(ii) the Army Reserve;
                          ``(iii) the Navy Reserve;
                          ``(iv) the Marine Corps Reserve;
                          ``(v) the Air National Guard of the United 
                        States;
                          ``(vi) the Air Force Reserve; and
                          ``(vii) the Coast Guard Reserve.''.
  (b) Implementation of the Military Commercial Driver's License Act.--
Not later than December 31, 2015, the Secretary shall issue final 
regulations to implement the exemption to the domicile requirement 
under section 31311(a)(12)(C) of title 49, United States Code.
  (c) Conforming Amendment.--Section 31311(a)(12)(C)(ii) of title 49, 
United States Code, is amended to read as follows:
                  ``(ii) is an active duty member of--
                          ``(I) the armed forces (as that term is 
                        defined in section 101(a)(4) of title 10); or
                          ``(II) the reserve components (as that term 
                        is defined in section 31305(d)(2)(C) of this 
                        title); and''.

SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.

  (a) In General.--Section 31306 of title 49, United States Code, is 
amended--
          (1) in subsection (b)(1)--
                  (A) by redesignating subparagraph (B) as subparagraph 
                (C);
                  (B) in subparagraph (A) by striking ``The regulations 
                shall permit such motor carriers to conduct 
                preemployment testing of such employees for the use of 
                alcohol.''; and
                  (C) by inserting after subparagraph (A) the 
                following:
  ``(B) The regulations prescribed under subparagraph (A) shall permit 
motor carriers--
          ``(i) to conduct preemployment testing of commercial motor 
        vehicle operators for the use of alcohol; and
          ``(ii) to use hair testing as an acceptable alternative to 
        urine testing--
                  ``(I) in conducting preemployment testing for the use 
                of a controlled substance; and
                  ``(II) in conducting random testing for the use of a 
                controlled substance if the operator was subject to 
                hair testing for preemployment testing.'';
          (2) in subsection (b)(2)--
                  (A) in subparagraph (A) by striking ``and'' at the 
                end;
                  (B) in subparagraph (B) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(C) shall provide an exemption from hair testing for 
        commercial motor vehicle operators with established religious 
        beliefs that prohibit the cutting or removal of hair.''; and
          (3) in subsection (c)(2)--
                  (A) in the matter preceding subparagraph (A) by 
                inserting ``for urine testing, and technical guidelines 
                for hair testing,'' before ``including mandatory 
                guidelines'';
                  (B) in subparagraph (B) by striking ``and'' at the 
                end;
                  (C) in subparagraph (C) by inserting ``and'' after 
                the semicolon; and
                  (D) by adding at the end the following:
                  ``(D) laboratory protocols and cut-off levels for 
                hair testing to detect the use of a controlled 
                substance;''.
  (b) Guidelines.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services shall issue 
scientific and technical guidelines for hair testing as a method of 
detecting the use of a controlled substance for purposes of section 
31306 of title 49, United States Code.

SEC. 5403. CERTIFIED MEDICAL EXAMINERS.

  (a) In General.--Section 31315(b)(1) of title 49, United States Code, 
is amended by striking ``or section 31136'' and inserting ``, section 
31136, or section 31149(d)(3)''.
  (b) Conforming Amendment.--Section 31149(d)(3) of title 49, United 
States Code, is amended by inserting ``, unless the person issuing the 
certificate is the subject of an exemption issued under section 
31315(b)(1)'' before the semicolon.

SEC. 5404. GRADUATED COMMERCIAL DRIVER'S LICENSE PILOT PROGRAM.

  (a) Task Force.--
          (1) In general.--The Secretary shall convene a task force to 
        evaluate and make recommendations to the Secretary on elements 
        for inclusion in a graduated commercial driver's license pilot 
        program that would allow a novice licensed driver between the 
        ages of 19 years and 6 months and 21 years to safely operate a 
        commercial motor vehicle in a limited capacity in interstate 
        commerce between States that enter into a bi-State agreement.
          (2) Membership.--The task force convened under paragraph (1) 
        shall include representatives of State motor vehicle 
        administrators, motor carriers, labor organizations, safety 
        advocates, and other stakeholders determined appropriate by the 
        Secretary.
          (3) Considerations.--The task force convened under paragraph 
        (1) shall evaluate and make recommendations on the following 
        elements for inclusion in a graduated commercial driver's 
        license pilot program:
                  (A) A specified length of time for a learner's permit 
                stage.
                  (B) A requirement that drivers under the age of 21 
                years be accompanied by experienced drivers over the 
                age of 21 years.
                  (C) A restriction on travel distances.
                  (D) A restriction on maximum allowable driving hours.
                  (E) Mandatory driver training that exceeds the 
                requirements for drivers over the age of 21 years 
                issued by the Secretary under section 31305(c) of title 
                49, United States Code.
                  (F) Use of certain safety technologies in the 
                vehicles of drivers under the age of 21 years.
                  (G) Any other element the task force considers 
                appropriate.
          (4) Recommendations.--Not later than 1 year after the date of 
        enactment of this Act, the task force convened under paragraph 
        (1) shall recommend to the Secretary the elements the task 
        force has determined appropriate for inclusion in a graduated 
        commercial driver's license pilot program.
  (b) Pilot Program.--
          (1) In general.--Not later than 1 year after receiving the 
        recommendations of the task force under subsection (a), the 
        Secretary shall establish a graduated commercial driver's 
        license pilot program in accordance with such recommendations 
        and section 31315(c) of title 49, United States Code.
          (2) Pre-establishment requirements.--Prior to the 
        establishment of the pilot program under paragraph (1), the 
        Secretary shall--
                  (A) submit to Congress a report outlining the 
                recommendations of the task force received under 
                subsection (a); and
                  (B) publish in the Federal Register, and provide 
                sufficient notice of and an opportunity for public 
                comment on, the--
                          (i) proposed requirements for State and 
                        driver participation in the pilot program, 
                        based on the recommendations of the task force 
                        and consistent with paragraph (3);
                          (ii) measures the Secretary will utilize 
                        under the pilot program to ensure safety; and
                          (iii) standards the Secretary will use to 
                        evaluate the pilot program, including to 
                        determine any changes in the level of motor 
                        carrier safety as a result of the pilot 
                        program.
          (3) Program elements.--The pilot program established under 
        paragraph (1)--
                  (A) may not allow an individual under the age of 19 
                years and 6 months to participate;
                  (B) may not allow a driver between the ages of 19 
                years and 6 months and 21 years to--
                          (i) operate a commercial motor vehicle in 
                        special configuration; or
                          (ii) transport hazardous cargo;
                  (C) shall be carried out in a State (including the 
                District of Columbia) only if the Governor of the State 
                (or the Mayor of the District of Columbia, if 
                applicable) approves an agreement with a contiguous 
                State to allow a licensed driver under the age of 21 
                years to operate a commercial motor vehicle across both 
                States in accordance with the pilot program;
                  (D) may not recognize more than 6 agreements 
                described in subparagraph (C);
                  (E) may not allow more than 10 motor carriers to 
                participate in the pilot program under each agreement 
                described in subparagraph (C);
                  (F) shall require each motor carrier participating in 
                the pilot program under an agreement described in 
                subparagraph (C) to--
                          (i) have in effect a satisfactory safety 
                        fitness determination that was issued by the 
                        Federal Motor Carrier Safety Administration 
                        during the 2-year period preceding the date of 
                        the Federal Register publication required under 
                        paragraph (2)(B); and
                          (ii) agree to have its safety performance 
                        monitored by the Secretary during participation 
                        in the pilot program;
                  (G) shall allow for the revocation of a motor 
                carrier's participation in the pilot program if a State 
                or the Secretary determines that the motor carrier 
                violated the requirements, including safety 
                requirements, of the pilot program; and
                  (H) shall ensure that a valid graduated commercial 
                driver's license issued by a State that has entered 
                into an agreement described in subparagraph (C) and is 
                approved by the Secretary to participate in the pilot 
                program is recognized as valid in both States that are 
                participating in the agreement.
  (c) Inspector General Report.--
          (1) Monitoring.--The Inspector General of the Department of 
        Transportation shall monitor and review the implementation of 
        the pilot program established under subsection (b).
          (2) Report.--The Inspector General shall submit to Congress 
        and the Secretary--
                  (A) not later than 1 year after the establishment of 
                the pilot program under subsection (b), an interim 
                report on the results of the review conducted under 
                paragraph (1); and
                  (B) not later than 60 days after the conclusion of 
                the pilot program, a final report on the results of the 
                review conducted under paragraph (1).
          (3) Additional contents.--
                  (A) Interim report.--The interim report required 
                under paragraph (2)(A) shall address whether the 
                Secretary has established sufficient mechanisms and 
                generated sufficient data to determine if the pilot 
                program is having any adverse effects on motor carrier 
                safety.
                  (B) Final report.--The final report required under 
                paragraph (2)(B) shall address the impact of the pilot 
                program on--
                          (i) safety; and
                          (ii) the number of commercial motor vehicle 
                        drivers available for employment.

SEC. 5405. VETERANS EXPANDED TRUCKING OPPORTUNITIES.

  (a) In General.--In the case of a physician-approved veteran 
operator, the qualified physician of such operator may, subject to the 
requirements of subsection (b), perform a medical examination and 
provide a medical certificate for purposes of compliance with the 
requirements of section 31149 of title 49, United States Code.
  (b) Certification.--The certification described under subsection (a) 
shall include--
          (1) assurances that the physician performing the medical 
        examination meets the requirements of a qualified physician 
        under this section; and
          (2) certification that the physical condition of the operator 
        is adequate to enable such operator to operate a commercial 
        motor vehicle safely.
  (c) Definitions.--In this section, the following definitions apply:
          (1) Physician-approved veteran operator.--The term 
        ``physician-approved veteran operator'' means an operator of a 
        commercial motor vehicle who--
                  (A) is a veteran who is enrolled in the health care 
                system established under section 1705(a) of title 38, 
                United States Code; and
                  (B) is required to have a current valid medical 
                certificate pursuant to section 31149 of title 49, 
                United States Code.
          (2) Qualified physician.--The term ``qualified physician'' 
        means a physician who--
                  (A) is employed in the Department of Veterans 
                Affairs;
                  (B) is familiar with the standards for, and physical 
                requirements of, an operator certified pursuant to 
                section 31149 of title 49, United States Code; and
                  (C) has never, with respect such section, been found 
                to have acted fraudulently, including by fraudulently 
                awarding a medical certificate.
          (3) Veteran.--The term ``veteran'' has the meaning given the 
        term in section 101 of title 38, United States Code.
  (d) Statutory Construction.--Nothing in this section shall be 
construed to change any statutory penalty associated with fraud or 
abuse.

                     Subtitle E--General Provisions

SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY.

  (a) Transporting Property.--If the Secretary proceeds with a 
rulemaking to determine whether to increase the minimum levels of 
financial responsibility required under section 31139 of title 49, 
United States Code, the Secretary shall consider, prior to issuing a 
final rule--
          (1) the rulemaking's potential impact on--
                  (A) the safety of motor vehicle transportation; and
                  (B) the motor carrier industry, including small and 
                minority motor carriers and independent owner-
                operators;
          (2) the ability of the insurance industry to provide the 
        required amount of insurance;
          (3) the extent to which current minimum levels of financial 
        responsibility adequately cover--
                  (A) medical care;
                  (B) compensation;
                  (C) attorney fees; and
                  (D) other identifiable costs;
          (4) the frequency with which insurance claims exceed current 
        minimum levels of financial responsibility in fatal accidents; 
        and
          (5) the impact of increased levels on motor carrier safety 
        and accident reduction.
  (b) Transporting Passengers.--
          (1) In general.--Prior to initiating a rulemaking to change 
        the minimum levels of financial responsibility under section 
        31138 of title 49, United States Code, the Secretary shall 
        complete a study specific to the minimum financial 
        responsibility requirements for motor carriers of passengers.
          (2) Study contents.--A study under paragraph (1) shall 
        include--
                  (A) a review of accidents, injuries, and fatalities 
                in the over-the-road bus and school bus industries;
                  (B) a review of insurance held by over-the-road bus 
                and public and private school bus companies, including 
                companies of various sizes, and an analysis of whether 
                such insurance is adequate to cover claims;
                  (C) an analysis of whether and how insurance affects 
                the behavior and safety record of motor carriers of 
                passengers, including with respect to crash reduction; 
                and
                  (D) an analysis of the anticipated impacts of an 
                increase in financial responsibility on insurance 
                premiums for passenger carriers and service 
                availability.
          (3) Consultation.--In conducting a study under paragraph (1), 
        the Secretary shall consult with--
                  (A) representatives of the over-the-road bus and 
                private school bus transportation industries, including 
                representatives of bus drivers; and
                  (B) insurers of motor carriers of passengers.
          (4) Report.--If the Secretary undertakes a study under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study.

SEC. 5502. DELAYS IN GOODS MOVEMENT.

  (a) Report.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Inspector General of the Department 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the average length of time that operators of 
        commercial motor vehicles are delayed before the loading and 
        unloading of such vehicles and at other points in the pick-up 
        and delivery process.
          (2) Contents.--The report under paragraph (1) shall include--
                  (A) an assessment of how delays impact--
                          (i) the economy;
                          (ii) the efficiency of the transportation 
                        system;
                          (iii) motor carrier safety, including the 
                        extent to which delays result in violations of 
                        motor carrier safety regulations; and
                          (iv) the livelihood of motor carrier drivers; 
                        and
                  (B) recommendations on how delays could be mitigated.
  (b) Collection of Data.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall establish by regulation a 
process to collect data on delays experienced by operators of 
commercial motor vehicles before the loading and unloading of such 
vehicles and at other points in the pick-up and delivery process.

SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.

  (a) In General.--Not later than April 1, 2016, the Secretary shall 
publish on a publicly accessible Internet Web site of the Department a 
report on the minimum levels of financial responsibility required under 
section 31139 of title 49, United States Code.
  (b) Contents.--The report required under subsection (a) shall include 
an analysis of--
          (1) the differences between State insurance requirements and 
        Federal requirements;
          (2) the extent to which current minimum levels of financial 
        responsibility adequately cover--
                  (A) medical care;
                  (B) compensation;
                  (C) attorney fees; and
                  (D) other identifiable costs; and
          (3) the frequency with which insurance claims exceed the 
        current minimum levels of financial responsibility.

SEC. 5504. EMERGENCY ROUTE WORKING GROUP.

  (a) In General.--
          (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall establish a working 
        group to determine best practices for expeditious State 
        approval of special permits for vehicles involved in emergency 
        response and recovery.
          (2) Members.--The working group shall include representatives 
        from--
                  (A) State highway transportation departments or 
                agencies;
                  (B) relevant modal agencies within the Department;
                  (C) emergency response or recovery experts;
                  (D) relevant safety groups; and
                  (E) entities affected by special permit restrictions 
                during emergency response and recovery efforts.
  (b) Considerations.--In determining best practices under subsection 
(a), the working group shall consider whether--
          (1) impediments currently exist that prevent expeditious 
        State approval of special permits for vehicles involved in 
        emergency response and recovery;
          (2) it is possible to pre-identify and establish emergency 
        routes between States through which infrastructure repair 
        materials could be delivered following a natural disaster or 
        emergency;
          (3) a State could pre-designate an emergency route identified 
        under paragraph (2) as a certified emergency route if a motor 
        vehicle that exceeds the otherwise applicable Federal and State 
        truck length or width limits may safely operate along such 
        route during periods of declared emergency and recovery from 
        such periods; and
          (4) an online map could be created to identify each pre-
        designated emergency route under paragraph (3), including 
        information on specific limitations, obligations, and 
        notification requirements along that route.
  (c) Report.--
          (1)  Submission.--Not later than 1 year after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary a report on its findings under this section and any 
        recommendations for the implementation of best practices for 
        expeditious State approval of special permits for vehicles 
        involved in emergency response and recovery.
          (2) Publication.--Not later than 30 days after the date the 
        Secretary receives the report under paragraph (1), the 
        Secretary shall publish the report on a publicly accessible 
        Internet Web site of the Department.
  (d) Notification.--Not later than 6 months after the date the 
Secretary receives the report under subsection (c)(1), the Secretary 
shall notify the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the actions the Secretary and the 
States have taken to implement the recommendations included in the 
report.
  (e) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the working group.
  (f) Termination.--The working group shall terminate 1 year after the 
date the Secretary receives the report under subsection (c)(1).

SEC. 5505. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING GROUP.

  (a) Working Group.--The Secretary shall establish a working group for 
the purpose of developing recommendations on how to best convey to 
inexperienced consumers the information such consumers need to know 
with respect to the Federal laws concerning the interstate 
transportation of household goods by motor carrier.
  (b) Membership.--The Secretary shall ensure that the working group is 
comprised of individuals with expertise in consumer affairs, educators 
with expertise in how people learn most effectively, and 
representatives of the household goods moving industry.
  (c) Recommendations.--
          (1) Contents.--The recommendations developed by the working 
        group shall include recommendations on--
                  (A) condensing publication ESA 03005 of the Federal 
                Motor Carrier Safety Administration into a format that 
                is more easily used by consumers;
                  (B) using state-of-the-art education techniques and 
                technologies, including optimizing the use of the 
                Internet as an educational tool; and
                  (C) reducing and simplifying the paperwork required 
                of motor carriers and shippers in interstate 
                transportation.
          (2) Deadline.--Not later than 1 year after the date of 
        enactment of this Act--
                  (A) the working group shall make the recommendations 
                described in paragraph (1); and
                  (B) the Secretary shall publish the recommendations 
                on a publicly accessible Internet Web site of the 
                Department.
  (d) Report.--Not later than 1 year after the date on which the 
working group makes its recommendations under subsection (c)(2), the 
Secretary shall issue a report to Congress on the implementation of 
such recommendations.
  (e) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the working group.
  (f) Termination.--The working group shall terminate 1 year after the 
date the working group makes its recommendations under subsection 
(c)(2).

SEC. 5506. TECHNOLOGY IMPROVEMENTS.

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

SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION.

  Not later than 30 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate written 
notification of the actions the Secretary is taking to ensure, to the 
greatest extent practicable, that each application for registration 
under section 13902 of title 49, United States Code, is processed not 
later than 30 days after the date on which the application is received 
by the Secretary.

SEC. 5508. REPORT ON COMMERCIAL DRIVER'S LICENSE SKILLS TEST DELAYS.

  Not later than 1 year after the date of enactment of this Act, and 
each year thereafter, the Administrator of the Federal Motor Carrier 
Safety Administration shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that--
          (1) describes, for each State, the status of skills testing 
        for applicants for a commercial driver's license, including--
                  (A) the average wait time, by month and location, 
                from the date an applicant requests to take a skills 
                test to the date the applicant completes such test;
                  (B) the average wait time, by month and location, 
                from the date an applicant, upon failure of a skills 
                test, requests a retest to the date the applicant 
                completes such retest;
                  (C) the actual number of qualified commercial 
                driver's license examiners, by month and location, 
                available to test applicants; and
                  (D) the number of testing sites available through the 
                State department of motor vehicles and whether this 
                number has increased or decreased from the previous 
                year; and
          (2) describes specific steps that the Administrator is taking 
        to address skills testing delays in States that have average 
        skills test or retest wait times of more than 7 days from the 
        date an applicant requests to test or retest to the date the 
        applicant completes such test or retest.

SEC. 5509. COVERED FARM VEHICLES.

  Section 32934(b)(1) of MAP-21 (49 U.S.C. 31136 note) is amended by 
striking ``from'' and all that follows through the period at end and 
inserting the following: ``from--
                  ``(A) a requirement described in subsection (a) or a 
                compatible State requirement; or
                  ``(B) any other minimum standard provided by a State 
                relating to the operation of that vehicle.''.

SEC. 5510. OPERATORS OF HI-RAIL VEHICLES.

  (a) In General.--In the case of a commercial motor vehicle driver 
subject to the hours of service requirements in part 395 of title 49, 
Code of Federal Regulations, who is driving a hi-rail vehicle, the 
maximum on duty time under section 395.3 of such title for such driver 
shall not include time in transportation to or from a duty assignment 
if such time in transportation--
          (1) does not exceed 2 hours per calendar day or a total of 30 
        hours per calendar month; and
          (2) is fully and accurately accounted for in records to be 
        maintained by the motor carrier and such records are made 
        available upon request of the Federal Motor Carrier Safety 
        Administration or the Federal Railroad Administration.
  (b) Emergency.--In the case of a train accident, an act of God, a 
train derailment, or a major equipment failure or track condition that 
prevents a train from advancing, a driver described in subsection (a) 
may complete a run without being in violation of the provisions of part 
395 of title 49, Code of Federal Regulations.
  (c) Hi-Rail Vehicle Defined.--In this section, the term ``hi-rail 
vehicle'' has the meaning given the term in section 214.7 of title 49, 
Code of Federal Regulations, as in effect on the date of enactment of 
this Act.

SEC. 5511. ELECTRONIC LOGGING DEVICE REQUIREMENTS.

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

SEC. 5512. TECHNICAL CORRECTIONS.

  (a) Title 49.--Title 49, United States Code, is amended as follows:
          (1) Section 13902(i)(2) is amended by inserting ``except as'' 
        before ``described''.
          (2) Section 13903(d) is amended by striking ``(d) 
        Registration as Motor Carrier Required.--'' and all that 
        follows through ``(1) In general.--A freight forwarder'' and 
        inserting ``(d) Registration as Motor Carrier Required.--A 
        freight forwarder''.
          (3) Section 13905(d)(2)(D) is amended--
                  (A) by striking ``the Secretary finds that--'' and 
                all that follows through ``(i) the motor carrier,'' and 
                inserting ``the Secretary finds that the motor 
                carrier,''; and
                  (B) by adding a period at the end.
          (4) Section 14901(h) is amended by striking ``Household 
        Goods'' in the heading.
          (5) Section 14916 is amended by striking the section 
        designation and heading and inserting the following:

``Sec. 14916. Unlawful brokerage activities''.

  (b) MAP-21.--Effective as of July 6, 2012, and as if included therein 
as enacted, MAP-21 (Public Law 112-141) is amended as follows:
          (1) Section 32108(a)(4) (126 Stat. 782) is amended by 
        inserting ``for'' before ``each additional day'' in the matter 
        proposed to be struck.
          (2) Section 32301(b)(3) (126 Stat. 786) is amended by 
        striking ``by amending (a) to read as follows:'' and inserting 
        ``by striking subsection (a) and inserting the following:''.
          (3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by 
        striking ``section 32303(c)(1)'' and inserting ``section 
        32302(c)(1)''.
          (4) Section 32921(b) (126 Stat. 828) is amended, in the 
        matter to be inserted, by striking ``(A) In addition'' and 
        inserting the following:
                  ``(A) In general.--In addition''.
          (5) Section 32931(c) (126 Stat. 829) is amended--
                  (A) by striking ``Secretary'' and inserting 
                ``Secretary of Transportation'' in the matter to be 
                struck; and
                  (B) by striking ``Secretary'' and inserting 
                ``Secretary of Transportation'' in the matter to be 
                inserted.
  (c) Motor Carrier Safety Improvement Act of 1999.--Section 229(a)(1) 
of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 
note) is amended by inserting ``of title 49, United States Code,'' 
after ``sections 31136 and 31502''.

SEC. 5513. AUTOMOBILE TRANSPORTER.

  Section 31111(b)(1) of title 49, United States Code, is amended--
          (1) in subparagraph (E) by striking ``or'' at the end;
          (2) in subparagraph (F) by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(G) imposes a vehicle length limitation of less than 80 
        feet on a stinger-steered automobile transporter with a front 
        overhang of less than 4 feet and a rear overhang of less than 6 
        feet.''.

SEC. 5514. READY MIX CONCRETE DELIVERY VEHICLES.

  Section 31502 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(f) Ready Mixed Concrete Delivery Vehicles.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, regulations issued under this section or section 31136 
        (including section 1(e)(1)(ii) of part 395 of title 49, Code of 
        Federal Regulations) regarding reporting, recordkeeping, or 
        documentation of duty status, shall not apply to any driver of 
        a ready mixed concrete delivery vehicle if--
                  ``(A) the driver operates within a 100 air-mile 
                radius of the normal work reporting location;
                  ``(B) the driver returns to the work reporting 
                location and is released from work within 14 
                consecutive hours;
                  ``(C) the driver has at least 10 consecutive hours 
                off duty following each 14 hours on duty;
                  ``(D) the driver does not exceed 11 hours maximum 
                driving time following 10 consecutive hours off duty; 
                and
                  ``(E) the motor carrier that employs the driver 
                maintains and retains for a period of 6 months accurate 
                and true time records that show--
                          ``(i) the time the driver reports for duty 
                        each day;
                          ``(ii) the total number of hours the driver 
                        is on duty each day;
                          ``(iii) the time the driver is released from 
                        duty each day; and
                          ``(iv) the total time for the preceding 
                        driving week the driver is used for the first 
                        time or intermittently.
          ``(2) Definition.--In this section, the term `driver of ready 
        mixed concrete delivery vehicle' means a driver of a vehicle 
        designed to deliver ready mixed concrete on a daily basis and 
        is equipped with a mechanism under which the vehicle's 
        propulsion engine provides the power to operate a mixer drum to 
        agitate and mix the product en route to the delivery site.''.

                          TITLE VI--INNOVATION

SEC. 6001. SHORT TITLE.

  This title may be cited as the ``Transportation for Tomorrow Act of 
2015''.

SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
          (1) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $125,000,000 
        for each of fiscal years 2016 through 2021.
          (2) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code--
                  (A) $67,000,000 for fiscal year 2016;
                  (B) $67,500,000 for fiscal year 2017;
                  (C) $67,500,000 for fiscal year 2018;
                  (D) $67,500,000 for fiscal year 2019;
                  (E) $67,500,000 for fiscal year 2020; and
                  (F) $67,500,000 for fiscal year 2021.
          (3) Training and education.--To carry out section 504 of 
        title 23, United States Code $24,000,000 for each of fiscal 
        years 2016 through 2021.
          (4) Intelligent transportation systems program.--To carry out 
        sections 512 through 518 of title 23, United States Code 
        $100,000,000 for each of fiscal years 2016 through 2021.
          (5) University transportation centers program.--To carry out 
        section 5505 of title 49, United States Code--
                  (A) $72,500,000 for fiscal year 2016;
                  (B) $75,000,000 for fiscal year 2017;
                  (C) $75,000,000 for fiscal year 2018;
                  (D) $77,500,000 for fiscal year 2019;
                  (E) $77,500,000 for fiscal year 2020; and
                  (F) $77,500,000 for fiscal year 2021.
          (6) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code, $26,000,000 for 
        each of fiscal years 2016 through 2021.
  (b) Applicability of Title 23, United States Code.--Funds authorized 
to be appropriated by subsection (a) shall--
          (1) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share of the cost 
        of a project or activity carried out using those funds shall be 
        80 percent, unless otherwise expressly provided by this Act 
        (including the amendments by this Act) or otherwise determined 
        by the Secretary; and
          (2) remain available until expended and not be transferable, 
        except as otherwise provided in this Act.

SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT 
                    TECHNOLOGIES DEPLOYMENT.

  Section 503(c) of title 23, United States Code, is amended by adding 
at the end the following:
          ``(4) Advanced transportation technologies deployment.--
                  ``(A) In general.--Not later than 6 months after the 
                date of enactment of this paragraph, the Secretary 
                shall establish an advanced transportation and 
                congestion management technologies deployment 
                initiative to provide grants to eligible entities to 
                develop model deployment sites for large scale 
                installation and operation of advanced transportation 
                technologies to improve safety, efficiency, system 
                performance, and infrastructure return on investment.
                  ``(B) Criteria.--The Secretary shall develop criteria 
                for selection of an eligible entity to receive a grant 
                under this paragraph, including how the deployment of 
                technology will--
                          ``(i) reduce costs and improve return on 
                        investments, including through the enhanced use 
                        of existing transportation capacity;
                          ``(ii) deliver environmental benefits that 
                        alleviate congestion and streamline traffic 
                        flow;
                          ``(iii) measure and improve the operational 
                        performance of the applicable transportation 
                        network;
                          ``(iv) reduce the number and severity of 
                        traffic crashes and increase driver, passenger, 
                        and pedestrian safety;
                          ``(v) collect, disseminate, and use real-time 
                        traffic, transit, parking, and other 
                        transportation-related information to improve 
                        mobility, reduce congestion, and provide for 
                        more efficient and accessible transportation;
                          ``(vi) monitor transportation assets to 
                        improve infrastructure management, reduce 
                        maintenance costs, prioritize investment 
                        decisions, and ensure a state of good repair;
                          ``(vii) deliver economic benefits by reducing 
                        delays, improving system performance, and 
                        providing for the efficient and reliable 
                        movement of goods and services; or
                          ``(viii) accelerate the deployment of 
                        vehicle-to-vehicle, vehicle-to-infrastructure, 
                        autonomous vehicles, and other technologies.
                  ``(C) Applications.--
                          ``(i) Request.--Not later than 6 months after 
                        the date of enactment of this paragraph, and 
                        for every fiscal year thereafter, the Secretary 
                        shall request applications in accordance with 
                        clause (ii).
                          ``(ii) Contents.--An application submitted 
                        under this subparagraph shall include the 
                        following:
                                  ``(I) Plan.--A plan to deploy and 
                                provide for the long-term operation and 
                                maintenance of advanced transportation 
                                and congestion management technologies 
                                to improve safety, efficiency, system 
                                performance, and return on investment.
                                  ``(II) Objectives.--Quantifiable 
                                system performance improvements, such 
                                as--
                                          ``(aa) reducing traffic-
                                        related crashes, congestion, 
                                        and costs;
                                          ``(bb) optimizing system 
                                        efficiency; and
                                          ``(cc) improving access to 
                                        transportation services.
                                  ``(III) Results.--Quantifiable 
                                safety, mobility, and environmental 
                                benefit projections such as data-driven 
                                estimates of how the project will 
                                improve the region's transportation 
                                system efficiency and reduce traffic 
                                congestion.
                                  ``(IV) Partnerships.--A plan for 
                                partnering with the private sector or 
                                public agencies, including multimodal 
                                and multijurisdictional entities, 
                                research institutions, organizations 
                                representing transportation and 
                                technology leaders, or other 
                                transportation stakeholders.
                                  ``(V) Leveraging.--A plan to leverage 
                                and optimize existing local and 
                                regional advanced transportation 
                                technology investments.
                  ``(D) Grant selection.--
                          ``(i) Grant awards.--Not later than 1 year 
                        after the date of enactment of this paragraph, 
                        and for every fiscal year thereafter, the 
                        Secretary shall award grants to not less than 5 
                        and not more than 8 eligible entities.
                          ``(ii) Geographic diversity.--In awarding a 
                        grant under this paragraph, the Secretary shall 
                        ensure, to the extent practicable, that grant 
                        recipients represent diverse geographic areas 
                        of the United States.
                  ``(E) Use of grant funds.--A grant recipient may use 
                funds awarded under this paragraph to deploy advanced 
                transportation and congestion management technologies, 
                including--
                          ``(i) advanced traveler information systems;
                          ``(ii) advanced transportation management 
                        technologies;
                          ``(iii) infrastructure maintenance, 
                        monitoring, and condition assessment;
                          ``(iv) advanced public transportation 
                        systems;
                          ``(v) transportation system performance data 
                        collection, analysis, and dissemination 
                        systems;
                          ``(vi) advanced safety systems, including 
                        vehicle-to-vehicle and vehicle-to-
                        infrastructure communications, technologies 
                        associated with autonomous vehicles, and other 
                        collision avoidance technologies, including 
                        systems using cellular technology;
                          ``(vii) integration of intelligent 
                        transportation systems with the Smart Grid and 
                        other energy distribution and charging systems;
                          ``(viii) electronic pricing and payment 
                        systems; or
                          ``(ix) advanced mobility and access 
                        technologies, such as dynamic ridesharing and 
                        information systems to support human services 
                        for elderly and disabled individuals.
                  ``(F) Report to secretary.--Not later than 1 year 
                after an eligible entity receives a grant under this 
                paragraph, and each year thereafter, the entity shall 
                submit a report to the Secretary that describes--
                          ``(i) deployment and operational costs of the 
                        project compared to the benefits and savings 
                        the project provides; and
                          ``(ii) how the project has met the original 
                        expectations projected in the deployment plan 
                        submitted with the application, such as--
                                  ``(I) data on how the project has 
                                helped reduce traffic crashes, 
                                congestion, costs, and other benefits 
                                of the deployed systems;
                                  ``(II) data on the effect of 
                                measuring and improving transportation 
                                system performance through the 
                                deployment of advanced technologies;
                                  ``(III) the effectiveness of 
                                providing real-time integrated traffic, 
                                transit, and multimodal transportation 
                                information to the public to make 
                                informed travel decisions; and
                                  ``(IV) lessons learned and 
                                recommendations for future deployment 
                                strategies to optimize transportation 
                                efficiency and multimodal system 
                                performance.
                  ``(G) Report.--Not later than 3 years after the date 
                that the first grant is awarded under this paragraph, 
                and each year thereafter, the Secretary shall make 
                available to the public on an Internet Web site a 
                report that describes the effectiveness of grant 
                recipients in meeting their projected deployment plans, 
                including data provided under subparagraph (F) on how 
                the program has--
                          ``(i) reduced traffic-related fatalities and 
                        injuries;
                          ``(ii) reduced traffic congestion and 
                        improved travel time reliability;
                          ``(iii) reduced transportation-related 
                        emissions;
                          ``(iv) optimized multimodal system 
                        performance;
                          ``(v) improved access to transportation 
                        alternatives;
                          ``(vi) provided the public with access to 
                        real-time integrated traffic, transit, and 
                        multimodal transportation information to make 
                        informed travel decisions;
                          ``(vii) provided cost savings to 
                        transportation agencies, businesses, and the 
                        traveling public; or
                          ``(viii) provided other benefits to 
                        transportation users and the general public.
                  ``(H) Additional grants.--The Secretary may cease to 
                provide additional grant funds to a recipient of a 
                grant under this paragraph if--
                          ``(i) the Secretary determines from such 
                        recipient's report that the recipient is not 
                        carrying out the requirements of the grant; and
                          ``(ii) the Secretary provides written notice 
                        60 days prior to withholding funds to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Environment and Public Works of 
                        the Senate.
                  ``(I) Funding.--
                          ``(i) In general.--From funds made available 
                        to carry out section 503(b), this subsection, 
                        and sections 512 through 518, the Secretary 
                        shall set aside for grants awarded under 
                        subparagraph (D) $75,000,000 for each of fiscal 
                        years 2016 through 2021.
                          ``(ii) Expenses for the secretary.--Of the 
                        amounts set aside under clause (i), the 
                        Secretary may set aside $2,000,000 each fiscal 
                        year for program reporting, evaluation, and 
                        administrative costs related to this paragraph.
                  ``(J) Federal share.--The Federal share of the cost 
                of a project for which a grant is awarded under this 
                subsection shall not exceed 50 percent of the cost of 
                the project.
                  ``(K) Grant limitation.--The Secretary may not award 
                more than 20 percent of the amount described under 
                subparagraph (I) in a fiscal year to a single grant 
                recipient.
                  ``(L) Expenses for grant recipients.--A grant 
                recipient under this paragraph may use not more than 5 
                percent of the funds awarded each fiscal year to carry 
                out planning and reporting requirements.
                  ``(M) Grant flexibility.--
                          ``(i) In general.--If, by August 1 of each 
                        fiscal year, the Secretary determines that 
                        there are not enough grant applications that 
                        meet the requirements described in subparagraph 
                        (C) to carry out this section for a fiscal 
                        year, the Secretary shall transfer to the 
                        programs specified in clause (ii)--
                                  ``(I) any of the funds reserved for 
                                the fiscal year under subparagraph (I) 
                                that the Secretary has not yet awarded 
                                under this paragraph; and
                                  ``(II) an amount of obligation 
                                limitation equal to the amount of funds 
                                that the Secretary transfers under 
                                subclause (I).
                          ``(ii) Programs.--The programs referred to in 
                        clause (i) are--
                                  ``(I) the program under section 
                                503(b);
                                  ``(II) the program under section 
                                503(c); and
                                  ``(III) the programs under sections 
                                512 through 518.
                          ``(iii) Distribution.--Any transfer of funds 
                        and obligation limitation under clause (i) 
                        shall be divided among the programs referred to 
                        in that clause in the same proportions as the 
                        Secretary originally reserved funding from the 
                        programs for the fiscal year under subparagraph 
                        (I).
                  ``(N) Definitions.--In this paragraph, the following 
                definitions apply:
                          ``(i) Eligible entity.--The term `eligible 
                        entity' means a State or local government, a 
                        transit agency, metropolitan planning 
                        organization representing a population of over 
                        200,000, or other political subdivision of a 
                        State or local government or a 
                        multijurisdictional group or a consortia of 
                        research institutions or academic institutions.
                          ``(ii) Advanced and congestion management 
                        transportation technologies.--The term 
                        `advanced transportation and congestion 
                        management technologies' means technologies 
                        that improve the efficiency, safety, or state 
                        of good repair of surface transportation 
                        systems, including intelligent transportation 
                        systems.
                          ``(iii) Multijurisdictional group.--The term 
                        `multijurisdictional group' means a any 
                        combination of State governments, locals 
                        governments, metropolitan planning agencies, 
                        transit agencies, or other political 
                        subdivisions of a State for which each member 
                        of the group--
                                  ``(I) has signed a written agreement 
                                to implement the advanced 
                                transportation technologies deployment 
                                initiative across jurisdictional 
                                boundaries; and
                                  ``(II) is an eligible entity under 
                                this paragraph.''.

SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

  Section 503(c)(3) of title 23, United States Code, is amended--
          (1) in subparagraph (C) by striking ``2013 through 2014'' and 
        inserting ``2016 through 2021''; and
          (2) by adding at the end the following:
                  ``(D) Publication.--The Secretary shall make 
                available to the public on an Internet Web site on an 
                annual basis a report on the cost and benefits from 
                deployment of new technology and innovations that 
                substantially and directly resulted from the program 
                established under this paragraph. The report may 
                include an analysis of--
                          ``(i) Federal, State, and local cost savings;
                          ``(ii) project delivery time improvements;
                          ``(iii) reduced fatalities; and
                          ``(iv) congestion impacts.''.

SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.

  Section 514(a) of title 23, United States Code, is amended--
          (1) in paragraph (4) by striking ``and'' at the end;
          (2) in paragraph (5) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(6) enhancement of the national freight system and support 
        to national freight policy goals by conducting heavy duty 
        vehicle demonstration activities and accelerating adoption of 
        intelligent transportation system applications in freight 
        operations.''.

SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.

  Section 515(h)(4) of title 23, United States Code, is amended--
          (1) by striking ``February 1 of each year after the date of 
        enactment of the Transportation Research and Innovative 
        Technology Act of 2012'' and inserting ``May 1 of each year''; 
        and
          (2) by striking ``submit to Congress'' and inserting ``make 
        available to the public on a Department of Transportation Web 
        site''.

SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL ARCHITECTURE AND 
                    STANDARDS.

  Section 517(a)(3) of title 23, United States Code, is amended by 
striking ``memberships are comprised of, and represent,'' and inserting 
``memberships include representatives of''.

SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.

  Section 518(a) of title 23, United States Code, is amended by 
striking ``Not later than 3'' and all that follows through ``House of 
Representatives'' and inserting ``Not later than July 6, 2016, the 
Secretary shall make available to the public on a Department of 
Transportation Web site a report''.

SEC. 6009. INFRASTRUCTURE DEVELOPMENT.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 519. Infrastructure development

  ``Funds made available to carry out this chapter for operational 
tests--
          ``(1) shall be used primarily for the development of 
        intelligent transportation system infrastructure, equipment, 
        and systems; and
          ``(2) to the maximum extent practicable, shall not be used 
        for the construction of physical surface transportation 
        infrastructure unless the construction is incidental and 
        critically necessary to the implementation of an intelligent 
        transportation system project.''.
  (b) Technical and Conforming Amendments.--
          (1) Clerical amendment.--The analysis for chapter 5 of title 
        23, United States Code, is amended by adding at the end the 
        following new item:

``519. Infrastructure development.''.

          (2) Technical amendment.--The item relating to section 512 in 
        the analysis for chapter 5 of title 23, United States Code, is 
        amended to read as follows:

``512. National ITS program plan.''.

SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS.

  (a) Assistant Secretary for Research and Technology.--Section 102(e) 
of title 49, United States Code, is amended--
          (1) in paragraph (1) by striking ``5'' and inserting ``6''; 
        and
          (2) in paragraph (1)(A) by inserting ``an Assistant Secretary 
        for Research and Technology,'' after ``Governmental Affairs,''.
  (b) Research Activities.--Section 330 of title 49, United States 
Code, is amended--
          (1) in the section heading by striking ``contracts'' and 
        inserting ``activities'';
          (2) in subsection (a) by striking ``The Secretary of'' and 
        inserting ``In General.--The Secretary of'';
          (3) in subsection (b) by striking ``In carrying'' and 
        inserting ``Responsibilities.--In carrying'';
          (4) in subsection (c) by striking ``The Secretary'' and 
        inserting ``Publications.--The Secretary''; and
          (5) by adding at the end the following:
  ``(d) Duties.--The Secretary shall provide for the following:
          ``(1) Coordination, facilitation, and review of Department of 
        Transportation research and development programs and 
        activities.
          ``(2) Advancement, and research and development, of 
        innovative technologies, including intelligent transportation 
        systems.
          ``(3) Comprehensive transportation statistics research, 
        analysis, and reporting.
          ``(4) Education and training in transportation and 
        transportation-related fields.
          ``(5) Activities of the Volpe National Transportation Systems 
        Center.
          ``(6) Coordination in support of multimodal and 
        multidisciplinary research activities.
  ``(e) Additional Authorities.--The Secretary may--
          ``(1) enter into grants and cooperative agreements with 
        Federal agencies, State and local government agencies, other 
        public entities, private organizations, and other persons to 
        conduct research into transportation service and infrastructure 
        assurance and to carry out other research activities of the 
        Department of Transportation;
          ``(2) carry out, on a cost-shared basis, collaborative 
        research and development to encourage innovative solutions to 
        multimodal transportation problems and stimulate the deployment 
        of new technology with--
                  ``(A) non-Federal entities, including State and local 
                governments, foreign governments, institutions of 
                higher education, corporations, institutions, 
                partnerships, sole proprietorships, and trade 
                associations that are incorporated or established under 
                the laws of any State;
                  ``(B) Federal laboratories; and
                  ``(C) other Federal agencies; and
          ``(3) directly initiate contracts, grants, cooperative 
        research and development agreements (as defined in section 12 
        of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a)), and other agreements to fund, and accept funds 
        from, the Transportation Research Board of the National 
        Academies, State departments of transportation, cities, 
        counties, institutions of higher education, associations, and 
        the agents of those entities to carry out joint transportation 
        research and technology efforts.
  ``(f) Federal Share.--
          ``(1) In general.--Subject to paragraph (2), the Federal 
        share of the cost of an activity carried out under subsection 
        (e)(3) shall not exceed 50 percent.
          ``(2) Exception.--If the Secretary determines that the 
        activity is of substantial public interest or benefit, the 
        Secretary may approve a greater Federal share.
          ``(3) Non-federal share.--All costs directly incurred by the 
        non-Federal partners, including personnel, travel, facility, 
        and hardware development costs, shall be credited toward the 
        non-Federal share of the cost of an activity described in 
        subsection (e)(3).
  ``(g) Program Evaluation and Oversight.--For each of fiscal years 
2016 through 2021, the Secretary is authorized to expend not more than 
1 and a half percent of the amounts authorized to be appropriated for 
the coordination, evaluation, and oversight of the programs 
administered by the Office of the Assistant Secretary for Research and 
Technology.
  ``(h) Use of Technology.--The research, development, or use of a 
technology under a contract, grant, cooperative research and 
development agreement, or other agreement entered into under this 
section, including the terms under which the technology may be licensed 
and the resulting royalties may be distributed, shall be subject to the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et 
seq.).
  ``(i) Waiver of Advertising Requirements.--Section 6101 of title 41 
shall not apply to a contract, grant, or other agreement entered into 
under this section.''.
  (c) Clerical Amendment.--The item relating to section 330 in the 
analysis of chapter 3 of title 49, United States Code, is amended to 
read as follows:

``330. Research activities.''.

  (d) Technical and Conforming Amendments.--
          (1) Title 5 amendments.--
                  (A) Positions at level ii.--Section 5313 of title 5, 
                United States Code, is amended by striking ``The Under 
                Secretary of Transportation for Security.''.
                  (B) Positions at level iv.--Section 5315 of title 5, 
                United States Code, is amended in the undesignated item 
                relating to Assistant Secretaries of Transportation by 
                striking ``(4)'' and inserting ``(5)''.
                  (C) Positions at level v.--Section 5316 of title 5, 
                United States Code, is amended by striking ``Associate 
                Deputy Secretary, Department of Transportation.''.
          (2) Bureau of transportation statistics.--Section 6302(a) of 
        title 49, United States Code, is amended to read as follows:
  ``(a) In General.--There shall be within the Department of 
Transportation the Bureau of Transportation Statistics.''.

SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.

  (a) Repeal.--Section 112 of title 49, United States Code, is 
repealed.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, is amended by striking the item relating to section 
112.

SEC. 6012. OFFICE OF INTERMODALISM.

  (a) Repeal.--Section 5503 of title 49, United States Code, is 
repealed.
  (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by striking the item relating to section 
5503.

SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS.

  Section 5505 of title 49, United States Code, is amended to read as 
follows:

``Sec. 5505. University transportation centers program

  ``(a) University Transportation Centers Program.--
          ``(1) Establishment and operation.--The Secretary shall make 
        grants under this section to eligible nonprofit institutions of 
        higher education to establish and operate university 
        transportation centers.
          ``(2) Role of centers.--The role of each university 
        transportation center referred to in paragraph (1) shall be--
                  ``(A) to advance transportation expertise and 
                technology in the varied disciplines that comprise the 
                field of transportation through education, research, 
                and technology transfer activities;
                  ``(B) to provide for a critical transportation 
                knowledge base outside of the Department of 
                Transportation; and
                  ``(C) to address critical workforce needs and educate 
                the next generation of transportation leaders.
  ``(b) Competitive Selection Process.--
          ``(1) Applications.--To receive a grant under this section, a 
        consortium of nonprofit institutions of higher education shall 
        submit to the Secretary an application that is in such form and 
        contains such information as the Secretary may require.
          ``(2) Limitation.--A lead institution of a consortium of 
        nonprofit institutions of higher education, as applicable, may 
        only submit 1 grant application per fiscal year for each of the 
        transportation centers described under paragraphs (2), (3), and 
        (4) of subsection (c).
          ``(3) Coordination.--The Secretary shall solicit grant 
        applications for national transportation centers, regional 
        transportation centers, and Tier 1 university transportation 
        centers with identical advertisement schedules and deadlines.
          ``(4) General selection criteria.--
                  ``(A) In general.--Except as otherwise provided by 
                this section, the Secretary shall award grants under 
                this section in nonexclusive candidate topic areas 
                established by the Secretary that address the research 
                priorities identified in section 503 of title 23.
                  ``(B) Criteria.--The Secretary, in consultation with 
                the Assistant Secretary for Research and Technology and 
                the Administrator of the Federal Highway 
                Administration, shall select each recipient of a grant 
                under this section through a competitive process based 
                on the assessment of the Secretary relating to--
                          ``(i) the demonstrated ability of the 
                        recipient to address each specific topic area 
                        described in the research and strategic plans 
                        of the recipient;
                          ``(ii) the demonstrated research, technology 
                        transfer, and education resources available to 
                        the recipient to carry out this section;
                          ``(iii) the ability of the recipient to 
                        provide leadership in solving immediate and 
                        long-range national and regional transportation 
                        problems;
                          ``(iv) the ability of the recipient to carry 
                        out research, education, and technology 
                        transfer activities that are multimodal and 
                        multidisciplinary in scope;
                          ``(v) the demonstrated commitment of the 
                        recipient to carry out transportation workforce 
                        development programs through--
                                  ``(I) degree-granting programs or 
                                programs that provide other industry-
                                recognized credentials; and
                                  ``(II) outreach activities to attract 
                                new entrants into the transportation 
                                field, including women and 
                                underrepresented populations;
                          ``(vi) the demonstrated ability of the 
                        recipient to disseminate results and spur the 
                        implementation of transportation research and 
                        education programs through national or 
                        statewide continuing education programs;
                          ``(vii) the demonstrated commitment of the 
                        recipient to the use of peer review principles 
                        and other research best practices in the 
                        selection, management, and dissemination of 
                        research projects;
                          ``(viii) the strategic plan submitted by the 
                        recipient describing the proposed research to 
                        be carried out by the recipient and the 
                        performance metrics to be used in assessing the 
                        performance of the recipient in meeting the 
                        stated research, technology transfer, 
                        education, and outreach goals; and
                          ``(ix) the ability of the recipient to 
                        implement the proposed program in a cost-
                        efficient manner, such as through cost sharing 
                        and overall reduced overhead, facilities, and 
                        administrative costs.
          ``(5) Transparency.--
                  ``(A) In general.--The Secretary shall provide to 
                each applicant, upon request, any materials, including 
                copies of reviews (with any information that would 
                identify a reviewer redacted), used in the evaluation 
                process of the proposal of the applicant.
                  ``(B) Reports.--The Secretary shall submit to the 
                Committees on Transportation and Infrastructure and 
                Science, Space, and Technology of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate a report describing the 
                overall review process under paragraph (3) that 
                includes--
                          ``(i) specific criteria of evaluation used in 
                        the review;
                          ``(ii) descriptions of the review process; 
                        and
                          ``(iii) explanations of the selected awards.
          ``(6) Outside stakeholders.--The Secretary shall, to the 
        maximum extent practicable, consult external stakeholders such 
        as the Transportation Research Board of the National Research 
        Council of the National Academies to evaluate and competitively 
        review all proposals.
  ``(c) Grants.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary, Assistant Secretary 
        for Research and Technology, and the Administrator of the 
        Federal Highway Administration shall select grant recipients 
        under subsection (b) and make grant amounts available to the 
        selected recipients.
          ``(2) National transportation centers.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall provide grants to 5 consortia that the 
                Secretary determines best meet the criteria described 
                in subsection (b)(4).
                  ``(B) Restrictions.--
                          ``(i) In general.--For each fiscal year, a 
                        grant made available under this paragraph shall 
                        be not greater than $4,000,000 and not less 
                        than $2,000,000 per recipient.
                          ``(ii) Focused research.--A consortium 
                        receiving a grant under this paragraph shall 
                        focus research on 1 of the transportation issue 
                        areas specified in section 508(a)(2) of title 
                        23.
                  ``(C) Matching requirement.--
                          ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 100 percent of the 
                        amounts made available under the grant.
                          ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                  ``(I) section 504(b) of title 23; or
                                  ``(II) section 505 of title 23.
          ``(3) Regional university transportation centers.--
                  ``(A) Location of regional centers.--One regional 
                university transportation center shall be located in 
                each of the 10 Federal regions that comprise the 
                Standard Federal Regions established by the Office of 
                Management and Budget in the document entitled 
                `Standard Federal Regions' and dated April 1974 
                (circular A-105).
                  ``(B) Selection criteria.--In conducting a 
                competition under subsection (b), the Secretary shall 
                provide grants to 10 consortia on the basis of--
                          ``(i) the criteria described in subsection 
                        (b)(4);
                          ``(ii) the location of the lead center within 
                        the Federal region to be served; and
                          ``(iii) whether the consortium of 
                        institutions demonstrates that the consortium 
                        has a well-established, nationally recognized 
                        program in transportation research and 
                        education, as evidenced by--
                                  ``(I) recent expenditures by the 
                                institution in highway or public 
                                transportation research;
                                  ``(II) a historical track record of 
                                awarding graduate degrees in 
                                professional fields closely related to 
                                highways and public transportation; and
                                  ``(III) an experienced faculty who 
                                specialize in professional fields 
                                closely related to highways and public 
                                transportation.
                  ``(C) Restrictions.--For each fiscal year, a grant 
                made available under this paragraph shall be not 
                greater than $3,000,000 and not less than $1,500,000 
                per recipient.
                  ``(D) Matching requirements.--
                          ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 100 percent of the 
                        amounts made available under the grant.
                          ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                  ``(I) section 504(b) of title 23; or
                                  ``(II) section 505 of title 23.
                  ``(E) Focused research.--The Secretary shall make a 
                grant to 1 of the 10 regional university transportation 
                centers established under this paragraph for the 
                purpose of furthering the objectives described in 
                subsection (a)(2) in the field of comprehensive 
                transportation safety.
          ``(4) Tier 1 university transportation centers.--
                  ``(A) In general.--The Secretary shall provide grants 
                of not greater than $2,000,000 and not less than 
                $1,000,000 to not more than 20 recipients to carry out 
                this paragraph.
                  ``(B) Matching requirement.--
                          ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 50 percent of the amounts 
                        made available under the grant.
                          ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                  ``(I) section 504(b) of title 23; or
                                  ``(II) section 505 of title 23.
                  ``(C) Focused research.--In awarding grants under 
                this section, consideration shall be given to minority 
                institutions, as defined by section 365 of the Higher 
                Education Act of 1965 (20 U.S.C. 1067k), or consortia 
                that include such institutions that have demonstrated 
                an ability in transportation-related research.
  ``(d) Program Coordination.--
          ``(1) In general.--The Secretary shall--
                  ``(A) coordinate the research, education, and 
                technology transfer activities carried out by grant 
                recipients under this section; and
                  ``(B) disseminate the results of that research 
                through the establishment and operation of a publicly 
                accessible online information clearinghouse.
          ``(2) Annual review and evaluation.--Not less frequently than 
        annually, and consistent with the plan developed under section 
        508 of title 23, the Secretary shall--
                  ``(A) review and evaluate the programs carried out 
                under this section by grant recipients; and
                  ``(B) submit to the Committees on Transportation and 
                Infrastructure and Science, Space, and Technology of 
                the House of Representatives and the Committee on 
                Environment and Public Works of the Senate a report 
                describing that review and evaluation.
          ``(3) Program evaluation and oversight.--For each of fiscal 
        years 2016 through 2021, the Secretary shall expend not more 
        than 1 and a half percent of the amounts made available to the 
        Secretary to carry out this section for any coordination, 
        evaluation, and oversight activities of the Secretary under 
        this section.
  ``(e) Limitation on Availability of Amounts.--Amounts made available 
to the Secretary to carry out this section shall remain available for 
obligation by the Secretary for a period of 3 years after the last day 
of the fiscal year for which the amounts are authorized.
  ``(f) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry out 
reporting requirements relating to any program assessment or evaluation 
activity under this section, including customer satisfaction 
assessments, shall not be subject to chapter 35 of title 44.''.

SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS.

  (a) Bureau of Transportation Statistics.--Section 6302(b)(3)(B) of 
title 49, United States Code, is amended--
          (1) in clause (vi)(III) by striking ``section 6310'' and 
        inserting ``section 6309'';
          (2) by redesignating clauses (vii), (viii), (ix), and (x) as 
        clauses (x), (xi), (xii), and (xiii), respectively; and
          (3) by inserting after clause (vi) the following:
                          ``(vii) develop and improve transportation 
                        economic accounts to meet demand for methods 
                        for estimating the economic value of 
                        transportation infrastructure, investment, and 
                        services;
                          ``(viii) not be required to obtain the 
                        approval of any other officer or employee of 
                        the Department in connection with the 
                        collection or analysis of any information;
                          ``(ix) not be required, prior to publication, 
                        to obtain the approval of any other officer or 
                        employee of the Federal Government with respect 
                        to the substance of any statistical technical 
                        reports or press releases that the Director has 
                        prepared in accordance with the law;''.
  (b) Technical Amendment.--Section 6311(5) of title 49, United States 
Code, is amended by striking ``section 6310'' and inserting ``section 
6309''.

SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.

  (a) In General.--The Secretary shall establish a program to provide 
grants to States to demonstrate user-based alternative revenue 
mechanisms that utilize a user fee structure to maintain the long-term 
solvency of the Highway Trust Fund.
  (b) Application.--To be eligible for a grant under this section, a 
State or group of States shall submit to the Secretary an application 
in such form and containing such information as the Secretary may 
require.
  (c) Objectives.--The Secretary shall ensure that the activities 
carried out using funds provided under this section meet the following 
objectives:
          (1) To test the design, acceptance, and implementation of 2 
        or more future user-based alternative revenue mechanisms.
          (2) To improve the functionality of such user-based 
        alternative revenue mechanisms.
          (3) To conduct outreach to increase public awareness 
        regarding the need for alternative funding sources for surface 
        transportation programs and to provide information on possible 
        approaches.
          (4) To provide recommendations regarding adoption and 
        implementation of user-based alternative revenue mechanisms.
          (5) To minimize the administrative cost of any potential 
        user-based alternative revenue mechanisms.
  (d) Use of Funds.--A State or group of States receiving funds under 
this section to test the design, acceptance, and implementation of a 
user-based alternative revenue mechanism--
          (1) shall address--
                  (A) the implementation, interoperability, public 
                acceptance, and other potential hurdles to the adoption 
                of the user-based alternative revenue mechanism;
                  (B) the protection of personal privacy;
                  (C) the use of independent and private third-party 
                vendors to collect fees and operate the user-based 
                alternative revenue mechanism;
                  (D) market-based congestion mitigation, if 
                appropriate;
                  (E) equity concerns, including the impacts of the 
                user-based alternative revenue mechanism on differing 
                income groups, various geographic areas, and the 
                relative burdens on rural and urban drivers;
                  (F) ease of compliance for different users of the 
                transportation system; and
                  (G) the reliability and security of technology used 
                to implement the user-based alternative revenue 
                mechanism; and
          (2) may address--
                  (A) the flexibility and choices of user-based 
                alternative revenue mechanisms, including the ability 
                of users to select from various technology and payment 
                options;
                  (B) the cost of administering the user-based 
                alternative revenue mechanism; and
                  (C) the ability of the administering entity to audit 
                and enforce user compliance.
  (e) Consideration.--The Secretary shall consider geographic diversity 
in awarding grants under this section.
  (f) Limitations on Revenue Collected.--Any revenue collected through 
a user-based alternative revenue mechanism established using funds 
provided under this section shall not be considered a toll under 
section 301 of title 23, United States Code.
  (g) Federal Share.--The Federal share of the cost of an activity 
carried out under this section may not exceed 50 percent of the total 
cost of the activity.
  (h) Report to Secretary.--Not later than 1 year after the date on 
which the first eligible entity receives a grant under this section, 
and each year thereafter, each recipient of a grant under this section 
shall submit to the Secretary a report that describes--
          (1) how the demonstration activities carried out with grant 
        funds meet the objectives described in subsection (c); and
          (2) lessons learned for future deployment of alternative 
        revenue mechanisms that utilize a user fee structure.
  (i) Biennial Reports.--Not later than 2 years after the date of 
enactment of this Act, and every 2 years thereafter until the 
completion of the demonstration activities under this section, the 
Secretary shall make available to the public on an Internet Web site a 
report describing the progress of the demonstration activities.
  (j) Funding.--Of the funds authorized to carry out section 503(b) of 
title 23, United States Code--
          (1) $15,000,000 shall be used to carry out this section for 
        fiscal year 2016; and
          (2) $20,000,000 shall be used to carry out this section for 
        each of fiscal years 2017 through 2021.
  (k) Grant Flexibility.--If, by August 1 of each fiscal year, the 
Secretary determines that there are not enough grant applications that 
meet the requirements of this section for a fiscal year, Secretary 
shall transfer to the program under section 503(b) of title 23, United 
States Code--
          (1) any of the funds reserved for the fiscal year under 
        subsection (j) that the Secretary has not yet awarded under 
        this section; and
          (2) an amount of obligation limitation equal to the amount of 
        funds that the Secretary transfers under paragraph (1).

SEC. 6016. FUTURE INTERSTATE STUDY.

  (a) Future Interstate System Study.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall enter into an 
agreement with the Transportation Research Board of the National 
Academies to conduct a study on the actions needed to upgrade and 
restore the Dwight D. Eisenhower National System of Interstate and 
Defense Highways to its role as a premier system that meets the growing 
and shifting demands of the 21st century.
  (b) Methodologies.--In conducting the study, the Transportation 
Research Board shall build on the methodologies examined and 
recommended in the report prepared for the American Association of 
State Highway and Transportation Officials titled ``National 
Cooperative Highway Research Program Project 20-24(79): Specifications 
for a National Study of the Future 3R, 4R, and Capacity Needs of the 
Interstate System'', dated December 2013.
  (c) Contents of Study.--The study--
          (1) shall include specific recommendations regarding the 
        features, standards, capacity needs, application of 
        technologies, and intergovernmental roles to upgrade the 
        Interstate System, including any revisions to law (including 
        regulations) that the Transportation Research Board determines 
        appropriate; and
          (2) is encouraged to build on the institutional knowledge in 
        the highway industry in applying the techniques involved in 
        implementing the study.
  (d) Considerations.--In carrying out the study, the Transportation 
Research Board shall determine the need for reconstruction and 
improvement of the Interstate System by considering--
          (1) future demands on transportation infrastructure 
        determined for national planning purposes, including commercial 
        and private traffic flows to serve future economic activity and 
        growth;
          (2) the expected condition of the current Interstate System 
        over the period of 50 years beginning on the date of enactment 
        of this Act, including long-term deterioration and 
        reconstruction needs;
          (3) features that would take advantage of technological 
        capabilities to address modern standards of construction, 
        maintenance, and operations, for purposes of safety, and system 
        management, taking into further consideration system 
        performance and cost; and
          (4) the resources necessary to maintain and improve the 
        Interstate System.
  (e) Consultation.--In carrying out the study, the Transportation 
Research Board--
          (1) shall convene and consult with a panel of national 
        experts, including operators and users of the Interstate System 
        and private sector stakeholders; and
          (2) is encouraged to consult with--
                  (A) the Federal Highway Administration;
                  (B) States;
                  (C) planning agencies at the metropolitan, State, and 
                regional levels;
                  (D) the motor carrier industry;
                  (E) freight shippers;
                  (F) highway safety groups; and
                  (G) other appropriate entities.
  (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Transportation Research Board shall make available to the 
public on an Internet Web site the results of the study conducted under 
this section.
  (g) Funding.--From funds made available to carry out section 503(b) 
of title 23, United States Code, the Secretary may use to carry out 
this section up to $5,000,000 for fiscal year 2016.

SEC. 6017. HIGHWAY EFFICIENCY.

  (a) Study.--
          (1) In general.--The Assistant Secretary of Transportation 
        for Research and Technology may examine the impact of pavement 
        durability and sustainability on vehicle fuel consumption, 
        vehicle wear and tear, road conditions, and road repairs.
          (2) Methodology.--In carrying out the study, the Assistant 
        Secretary shall--
                  (A) conduct a thorough review of relevant peer-
                reviewed research published during at least the past 5 
                years;
                  (B) analyze impacts of different types of pavement on 
                all motor vehicle types, including commercial vehicles;
                  (C) specifically examine the impact of pavement 
                deformation and deflection; and
                  (D) analyze impacts of different types of pavement on 
                road conditions and road repairs.
          (3) Consultation.--In carrying out the study, the Assistant 
        Secretary shall consult with--
                  (A) experts from the different modal administrations 
                of the Department and from other Federal agencies, 
                including the National Institute of Standards and 
                Technology;
                  (B) State departments of transportation;
                  (C) local government engineers and public works 
                professionals;
                  (D) industry stakeholders; and
                  (E) appropriate academic experts active in the field.
  (b) Report.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Assistant Secretary shall publish on 
        a public Web site the results of the study.
          (2) Contents.--The report shall include--
                  (A) a summary of the different types of pavements 
                analyzed in the study and the impacts of pavement 
                durability and sustainability on vehicle fuel 
                consumption, vehicle wear and tear, road conditions, 
                and road repairs; and
                  (B) recommendations for State and local governments 
                on best practice methods for improving pavement 
                durability and sustainability to maximize vehicle fuel 
                economy, ride quality, and road conditions and to 
                minimize the need for road and vehicle repairs.

SEC. 6018. MOTORCYCLE SAFETY.

  (a) Study.--The Assistant Secretary for Research and Technology of 
the Department of Transportation may enter into an agreement, within 45 
days after the date of enactment of this Act, with the National Academy 
of Sciences to conduct a study on the most effective means of 
preventing motorcycle crashes.
  (b) Publication.--The Assistant Secretary may make available the 
findings on a public Web site within 30 days after receiving the 
results of the study from the National Academy of Sciences.

SEC. 6019. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.

  Section 5118 of title 49, United States Code, is amended--
          (1) in subsection (a)(2)--
                  (A) in subparagraph (A) by striking ``and'' at the 
                end;
                  (B) in subparagraph (B) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(C) coordinate, as appropriate, with other Federal 
                agencies.''; and
          (2) by adding at the end the following new subsection:
  ``(c) Cooperative Research.--
          ``(1) In general.--As part of the program established in 
        subsection (a), the Secretary may carry out cooperative 
        research on hazardous materials transport.
          ``(2) National academies.--The Secretary may enter into an 
        agreement with the National Academies to support such research.
          ``(3) Research.--Research conducted under this subsection may 
        include activities related to--
                  ``(A) emergency planning and response, including 
                information and programs that can be readily assessed 
                and implemented in local jurisdictions;
                  ``(B) risk analysis and perception and data 
                assessment;
                  ``(C) commodity flow data, including voluntary 
                collaboration between shippers and first responders for 
                secure data exchange of critical information;
                  ``(D) integration of safety and security;
                  ``(E) cargo packaging and handling;
                  ``(F) hazmat release consequences; and
                  ``(G) materials and equipment testing.''.

SEC. 6020. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.

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

SEC. 6021. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.

  To improve the scientific pursuit and research procedures concerning 
transportation, the Assistant Secretary for Research and Technology may 
convene an interagency working group to--
          (1) develop within 1 year after the date of enactment of this 
        Act a national transportation research framework;
          (2) identify opportunities for coordination between the 
        Department and universities and the private sector, and 
        prioritize these opportunities;
          (3) identify and develop a plan to implement best practices 
        for moving transportation research results out of the 
        laboratory and into application; and
          (4) identify and develop a plan to address related workforce 
        development needs.

SEC. 6022. COLLABORATION AND SUPPORT.

  The Secretary may solicit the support of, and identify opportunities 
to collaborate with, other Federal research agencies and national 
laboratories to assist in the effective and efficient pursuit and 
resolution of research challenges identified by the Secretary.

SEC. 6023. PRIZE COMPETITIONS.

  Section 502(b)(7) of title 23, United States Code, is amended--
          (1) in subparagraph (D)--
                  (A) by inserting ``(such as www.challenge.gov)'' 
                after ``public website'';
                  (B) by redesignating clauses (iii) and (iv) as 
                clauses (iv) and (v), respectively;
                  (C) by inserting after clause (ii) the following:
                          ``(iii) the process for participants to 
                        register for the competition;''; and
                  (D) in clause (iv) (as redesignated by subparagraph 
                (B)) by striking ``prize'' and inserting ``cash prize 
                purse'';
          (2) in subparagraph (E) by striking ``prize'' both places it 
        appears and inserting ``cash prize purse'';
          (3) by redesignating subparagraphs (F) through (K) as 
        subparagraphs (G) through (L), respectively;
          (4) by inserting after subparagraph (E) the following:
                  ``(F) Use of federal facilities; consultation with 
                federal employees.--An individual or entity is not 
                ineligible to receive a cash prize purse under this 
                paragraph as a result of the individual or entity using 
                a Federal facility or consulting with a Federal 
                employee related to the individual or entity's 
                participation in a prize competition under this 
                paragraph unless the same facility or employee is made 
                available to all individuals and entities participating 
                in the prize competition on an equitable basis.'';
          (5) in subparagraph (G) (as redesignated by paragraph (3) of 
        this section)--
                  (A) in clause (i)(I) by striking ``competition'' and 
                inserting ``prize competition under this paragraph'';
                  (B) in clause (ii)(I)--
                          (i) by striking ``participation in a 
                        competition'' and inserting ``participation in 
                        a prize competition under this paragraph''; and
                          (ii) by striking ``competition activities'' 
                        and inserting ``prize competition activities''; 
                        and
                  (C) by adding at the end the following:
                          ``(iii) Intellectual property.--
                                  ``(I) Prohibition on requiring 
                                waiver.--The Secretary may not require 
                                a participant to waive claims against 
                                the Department arising out of the 
                                unauthorized use or disclosure by the 
                                Department of the intellectual 
                                property, trade secrets, or 
                                confidential business information of 
                                the participant.
                                  ``(II) Prohibition on government 
                                acquisition of intellectual property 
                                rights.--The Federal Government may not 
                                gain an interest in intellectual 
                                property developed by a participant for 
                                a prize competition under this 
                                paragraph without the written consent 
                                of the participant.
                                  ``(III) Licenses.--The Federal 
                                Government may negotiate a license for 
                                the use of intellectual property 
                                developed by a participant for a prize 
                                competition under this paragraph.'';
          (6) in subparagraph (H)(i) (as redesignated by paragraph (3) 
        of this section) by striking ``subparagraph (H)'' and inserting 
        ``subparagraph (I)'';
          (7) in subparagraph (I) (as redesignated by paragraph (3) of 
        this section) by striking ``an agreement with a private, 
        nonprofit entity'' and inserting ``a grant, contract, 
        cooperative agreement, or other agreement with a private sector 
        for-profit or nonprofit entity'';
          (8) in subparagraph (J) (as redesignated by paragraph (3) of 
        this section)--
                  (A) in clause (i)--
                          (i) in subclause (I) by striking ``the 
                        private sector'' and inserting ``private sector 
                        for-profit and nonprofit entities, to be 
                        available to the extent provided by 
                        appropriations Acts'';
                          (ii) in subclause (II) by striking ``and 
                        metropolitan planning organizations'' and 
                        inserting ``metropolitan planning 
                        organizations, and private sector for-profit 
                        and nonprofit entities''; and
                          (iii) in subclause (III) by inserting ``for-
                        profit or nonprofit'' after ``private sector'';
                  (B) in clause (ii) by striking ``prize awards'' and 
                inserting ``cash prize purses'';
                  (C) in clause (iv)--
                          (i) by inserting ``competition'' after ``A 
                        prize''; and
                          (ii) by striking ``the prize'' and inserting 
                        ``the cash prize purse'';
                  (D) in clause (v)--
                          (i) by striking ``amount of a prize'' and 
                        inserting ``amount of a cash prize purse'';
                          (ii) by inserting ``competition'' after 
                        ``announcement of the prize''; and
                          (iii) in subclause (I) by inserting 
                        ``competition'' after ``prize'';
                  (E) in clause (vi) by striking ``offer a prize'' and 
                inserting ``offer a cash prize purse''; and
                  (F) in clause (vii) by striking ``cash prizes'' and 
                inserting ``cash prize purses'';
          (9) in subparagraph (K) (as redesignated by paragraph (3) of 
        this section) by striking ``or providing a prize'' and 
        inserting ``a prize competition or providing a cash prize 
        purse''; and
          (10) in subparagraph (L)(ii) (as redesignated by paragraph 
        (3) of this section)--
                  (A) in subclause (I) by striking ``The Secretary'' 
                and inserting ``Not later than March 1 of each year, 
                the Secretary''; and
                  (B) in subclause (II)--
                          (i) in item (cc) by striking ``cash prizes'' 
                        both places it appears and inserting ``cash 
                        prize purses''; and
                          (ii) in item (ee) by striking ``agency'' and 
                        inserting ``Department''.

SEC. 6024. GAO REPORT.

  Not later than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall make available to the 
public a report that--
          (1) assesses the status of autonomous transportation 
        technology policy developed by public entities in the United 
        States;
          (2) assesses the organizational readiness of the Department 
        to address autonomous vehicle technology challenges; and
          (3) recommends implementation paths for autonomous 
        transportation technology, applications, and policies that are 
        based on the assessment described in paragraph (2).

SEC. 6025. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.

  Section 514(b) of title 23, United States Code, is amended--
          (1) in paragraph (8) by striking ``and'' at the end;
          (2) in paragraph (9) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(10) to assist in the development of cybersecurity 
        standards in cooperation with relevant modal administrations of 
        the Department of Transportation and other Federal agencies to 
        help prevent hacking, spoofing, and disruption of connected and 
        automated transportation vehicles.''.

SEC. 6026. INFRASTRUCTURE INTEGRITY.

  Section 503(b)(3)(C) of title 23, United States Code, is amended--
          (1) in clause (xviii) by striking ``and'' at the end;
          (2) in clause (xix) by striking the period at the end and 
        inserting ``; and'' ; and
          (3) by adding at the end the following:
                          ``(xx) corrosion prevention measures for the 
                        structural integrity of bridges.''.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 7001. SHORT TITLE.

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

SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.

  Section 5128 of title 49, United States Code, is amended to read as 
follows:

``Sec. 5128. Authorization of appropriations

  ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)--
          ``(1) $53,000,000 for fiscal year 2016;
          ``(2) $55,000,000 for fiscal year 2017;
          ``(3) $57,000,000 for fiscal year 2018;
          ``(4) $58,000,000 for fiscal year 2019;
          ``(5) $60,000,000 for fiscal year 2020; and
          ``(6) $62,000,000 for fiscal year 2021.
  ``(b) Hazardous Materials Emergency Preparedness Fund.--From the 
Hazardous Materials Emergency Preparedness Fund established under 
section 5116(h), the Secretary may expend, for each of fiscal years 
2016 through 2021--
          ``(1) $21,988,000 to carry out section 5116(a);
          ``(2) $150,000 to carry out section 5116(e);
          ``(3) $625,000 to publish and distribute the Emergency 
        Response Guidebook under section 5116(h)(3); and
          ``(4) $1,000,000 to carry out section 5116(i).
  ``(c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to section 
5116(h), the Secretary may expend $5,000,000 for each of fiscal years 
2016 through 2021 to carry out section 5107(e).
  ``(d) Credits to Appropriations.--
          ``(1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may credit 
        amounts received from a State, Indian tribe, or other public 
        authority or private entity for expenses the Secretary incurs 
        in providing training to the State, Indian tribe, authority, or 
        entity.
          ``(2) Availability of amounts.--Amounts made available under 
        this section shall remain available until expended.''.

SEC. 7003. NATIONAL EMERGENCY AND DISASTER RESPONSE.

  Section 5103 of title 49, United States Code, is amended--
          (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
          (2) by inserting after subsection (b) the following:
  ``(c) Federally Declared Disasters and Emergencies.--
          ``(1) In general.--The Secretary may by order waive 
        compliance with any part of an applicable standard prescribed 
        under this chapter without prior notice and comment and on 
        terms the Secretary considers appropriate if the Secretary 
        determines that--
                  ``(A) it is in the public interest to grant the 
                waiver;
                  ``(B) the waiver is not inconsistent with the safety 
                of transporting hazardous materials; and
                  ``(C) the waiver is necessary to facilitate the safe 
                movement of hazardous materials into, from, and within 
                an area of a major disaster or emergency that has been 
                declared under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
          ``(2) Period of waiver.--A waiver under this subsection may 
        be issued for a period of not more than 60 days and may be 
        renewed upon application to the Secretary only after notice and 
        an opportunity for a hearing on the waiver. The Secretary shall 
        immediately revoke the waiver if continuation of the waiver 
        would not be consistent with the goals and objectives of this 
        chapter.
          ``(3) Statement of reasons.--The Secretary shall include in 
        any order issued under this section the reason for granting the 
        waiver.''.

SEC. 7004. ENHANCED REPORTING.

  Section 5121(h) of title 49, United States Code, is amended by 
striking ``transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate'' and inserting 
``make available to the public on the Department of Transportation's 
Internet Web site''.

SEC. 7005. WETLINES.

  (a) Withdrawal.--Not later than 30 days after the date of enactment 
of this Act, the Secretary shall withdraw the proposed rule described 
in the notice of proposed rulemaking issued on January 27, 2011, 
entitled ``Safety Requirements for External Product Piping on Cargo 
Tanks Transporting Flammable Liquids'' (76 Fed. Reg. 4847).
  (b) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from issuing standards or regulations regarding the safety of 
external product piping on cargo tanks transporting flammable liquids 
after the withdrawal is carried out pursuant to subsection (a).

SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS AND APPROVALS.

  Section 5117 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) by striking ``an application for a special 
                permit'' and inserting ``an application for a new 
                special permit or a modification to an existing special 
                permit''; and
                  (B) by inserting after the first sentence the 
                following: ``The Secretary shall make available to the 
                public on the Department of Transportation's Internet 
                Web site any special permit other than a new special 
                permit or a modification to an existing special permit 
                and shall give the public an opportunity to inspect the 
                safety analysis and comment on the application for a 
                period of not more than 15 days.''; and
          (2) in subsection (c)--
                  (A) by striking ``publish'' and inserting ``make 
                available to the public'';
                  (B) by striking ``in the Federal Register'';
                  (C) by striking ``180'' and inserting ``120''; and
                  (D) by striking ``the special permit'' each place it 
                appears and inserting ``a special permit or approval''; 
                and
          (3) by adding at the end the following:
  ``(g) Disclosure of Final Action.--The Secretary shall periodically, 
but at least every 120 days--
          ``(1) publish in the Federal Register notice of the final 
        disposition of each application for a new special permit, 
        modification to an existing special permit, or approval during 
        the preceding quarter; and
          ``(2) make available to the public on the Department of 
        Transportation's Internet Web site notice of the final 
        disposition of any other special permit during the preceding 
        quarter.''.

SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS.

  (a) In General.--Not later than 120 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
evaluate and transmit to the Secretary, the Committee on Transportation 
and Infrastructure of the House of Representatives, and the Committee 
on Commerce, Science, and Transportation of the Senate, a report on the 
standards, metrics, and protocols that the Secretary uses to regulate 
the performance of persons approved to recommend hazard classifications 
pursuant to section 173.56(b) of title, 49, Code of Federal Regulations 
(commonly referred to as ``third-party labs'').
  (b) Evaluation.--The evaluation required under subsection (a) shall--
          (1) identify what standards and protocols are used to approve 
        such persons, assess the adequacy of such standards and 
        protocols to ensure that persons seeking approval are qualified 
        and capable of performing classifications, and make 
        recommendations to address any deficiencies identified;
          (2) assess the adequacy of the Secretary's oversight of 
        persons approved to perform the classifications, including the 
        qualification of individuals engaged in the oversight of 
        approved persons, and make recommendations to enhance oversight 
        sufficiently to ensure that classifications are issued as 
        required;
          (3) identify what standards and protocols exist to rescind, 
        suspend, or deny approval of persons who perform such 
        classifications, assess the adequacy of such standards and 
        protocols, and make recommendations to enhance such standards 
        and protocols if necessary; and
          (4) include annual data for fiscal years 2005 through 2015 on 
        the number of applications received for new classifications 
        pursuant to section 173.56(b) of title 49, Code of Federal 
        Regulations, of those applications how many classifications 
        recommended by persons approved by the Secretary were changed 
        to another classification and the reasons for the change, and 
        how many hazardous materials incidents have been attributed to 
        a classification recommended by such approved persons in the 
        United States.
  (c) Action Plan.--Not later than 120 days after receiving the report 
required under subsection (a), the Secretary shall make available to 
the public a plan describing any actions the Secretary will take to 
establish standards, metrics, and protocols based on the findings and 
recommendations in the report to ensure that persons approved to 
perform classification examinations required under section 173.56(b) of 
title 49, Code of Federal Regulations, can sufficiently perform such 
examinations in a manner that meets the hazardous materials 
regulations.
  (d) Regulations.--If the report required under subsection (a) 
recommends new regulations in order for the Secretary to have 
confidence in the accuracy of classification recommendations rendered 
by persons approved to perform classification examinations required 
under section 173.56(b) of title 49, Code of Federal Regulations, the 
Secretary shall issue such regulations not later than 24 months after 
the date of enactment of this Act.

SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING AND TRAINING GRANTS.

  (a) Planning and Training Grants.--Section 5116 of title 49, United 
States Code, is amended--
          (1) by redesignating subsections (c) through (k) as 
        subsections (b) through (j), respectively,
          (2) by striking subsection (b); and
          (3) by striking subsection (a) and inserting the following:
  ``(a) Planning and Training Grants.--(1) The Secretary shall make 
grants to States and Indian tribes--
          ``(A) to develop, improve, and carry out emergency plans 
        under the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11001 et seq.), including ascertaining flow 
        patterns of hazardous material on lands under the jurisdiction 
        of a State or Indian tribe, and between lands under the 
        jurisdiction of a State or Indian tribe and lands of another 
        State or Indian tribe;
          ``(B) to decide on the need for regional hazardous material 
        emergency response teams; and
          ``(C) to train public sector employees to respond to 
        accidents and incidents involving hazardous material.
  ``(2) To the extent that a grant is used to train emergency 
responders under paragraph (1)(C), the State or Indian tribe shall 
provide written certification to the Secretary that the emergency 
responders who receive training under the grant will have the ability 
to protect nearby persons, property, and the environment from the 
effects of accidents or incidents involving the transportation of 
hazardous material in accordance with existing regulations or National 
Fire Protection Association standards for competence of responders to 
accidents and incidents involving hazardous materials.
  ``(3) The Secretary may make a grant to a State or Indian tribe under 
paragraph (1) of this subsection only if--
          ``(A) the State or Indian tribe certifies that the total 
        amount the State or Indian tribe expends (except amounts of the 
        Federal Government) for the purpose of the grant will at least 
        equal the average level of expenditure for the last 5 years; 
        and
          ``(B) any emergency response training provided under the 
        grant shall consist of--
                  ``(i) a course developed or identified under section 
                5115 of this title; or
                  ``(ii) any other course the Secretary determines is 
                consistent with the objectives of this section.
  ``(4) A State or Indian tribe receiving a grant under this subsection 
shall ensure that planning and emergency response training under the 
grant is coordinated with adjacent States and Indian tribes.
  ``(5) A training grant under paragraph (1)(C) may be used--
          ``(A) to pay--
                  ``(i) the tuition costs of public sector employees 
                being trained;
                  ``(ii) travel expenses of those employees to and from 
                the training facility;
                  ``(iii) room and board of those employees when at the 
                training facility; and
                  ``(iv) travel expenses of individuals providing the 
                training;
          ``(B) by the State, political subdivision, or Indian tribe to 
        provide the training; and
          ``(C) to make an agreement with a person (including an 
        authority of a State, a political subdivision of a State or 
        Indian tribe, or a local jurisdiction), subject to approval by 
        the Secretary, to provide the training--
                  ``(i) if the agreement allows the Secretary and the 
                State or Indian tribe to conduct random examinations, 
                inspections, and audits of the training without prior 
                notice;
                  ``(ii) the person agrees to have an auditable 
                accounting system; and
                  ``(iii) if the State or Indian tribe conducts at 
                least one on-site observation of the training each 
                year.
  ``(6) The Secretary shall allocate amounts made available for grants 
under this subsection among eligible States and Indian tribes based on 
the needs of the States and Indian tribes for emergency response 
training. In making a decision about those needs, the Secretary shall 
consider--
          ``(A) the number of hazardous material facilities in the 
        State or on land under the jurisdiction of the Indian tribe;
          ``(B) the types and amounts of hazardous material transported 
        in the State or on such land;
          ``(C) whether the State or Indian tribe imposes and collects 
        a fee on transporting hazardous material;
          ``(D) whether such fee is used only to carry out a purpose 
        related to transporting hazardous material;
          ``(E) the past record of the State or Indian tribe in 
        effectively managing planning and training grants; and
          ``(F) any other factors the Secretary determines are 
        appropriate to carry out this subsection.''.
  (b) Technical and Conforming Amendments.--
          (1) Section 5108(g) of title 49, United States Code, is 
        amended by striking ``5116(i)'' each place it appears and 
        inserting ``5116(h)''.
          (2) Section 5116 of such title is amended--
                  (A) in subsection (d), as redesignated by this 
                section, by striking ``subsections (a)(2)(A) and 
                (b)(2)(A)'' and inserting ``subsection (a)(3)(A)'';
                  (B) in subsection (h), as redesignated by this 
                section--
                          (i) in paragraph (1) by inserting ``and 
                        section 5107(e)'' after ``section'';
                          (ii) in paragraph (2) by striking ``(f)'' and 
                        inserting ``(e)''; and
                          (iii) in paragraph (4) by striking 
                        ``5108(g)(2) and 5115'' and inserting ``5107(e) 
                        and 5108(g)(2)'';
                  (C) in subsection (i), as redesignated by this 
                section, by striking ``subsection (b)'' and inserting 
                ``subsection (a)''; and
                  (D) in subsection (j), as redesignated by this 
                section--
                          (i) by striking ``planning grants allocated 
                        under subsection (a), training grants under 
                        subsection (b), and grants under subsection 
                        (j)'' and inserting ``planning and training 
                        grants under subsection (a) and grants under 
                        subsection (i)''; and
                          (ii) by redesignating subparagraphs (A) 
                        through (D) as paragraphs (1) through (4), 
                        respectively.
  (c) Enforcement Personnel.--Section 5107(e) of title 49, United 
States Code, is amended by inserting ``, State and local personnel 
responsible for enforcing the safe transportation of hazardous 
materials, or both'' after ``hazmat employees'' each place it appears.

SEC. 7009. MOTOR CARRIER SAFETY PERMITS.

  Section 5109(h) of title 49, United States Code, is amended to read 
as follows:
  ``(h) Limitation on Denial.--The Secretary may not deny a non-
temporary permit held by a motor carrier pursuant to this section based 
on a comprehensive review of that carrier triggered by safety 
management system scores or out-of-service disqualification standards, 
unless--
          ``(1) the carrier has the opportunity, prior to the denial of 
        such permit, to submit a written description of corrective 
        actions taken and other documentation the carrier wishes the 
        Secretary to consider, including a corrective action plan; and
          ``(2) the Secretary determines the actions or plan is 
        insufficient to address the safety concerns identified during 
        the course of the comprehensive review.''.

SEC. 7010. THERMAL BLANKETS.

  (a) Requirements.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to require that each tank car built to meet the DOT-117 
specification and each non-jacketed tank car modified to meet the DOT-
117R specification be equipped with an insulating blanket with at least 
\1/2\-inch-thick material that has been approved by the Secretary 
pursuant to section 179.18(c) of title 49, Code of Federal Regulations.
  (b) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from approving new or alternative technologies or materials 
as they become available that provide a level of safety at least 
equivalent to the level of safety provided for under subsection (a).

SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS.

  (a) In General.--Chapter 51 of title 49, United States Code, is 
amended by inserting after section 5110 the following:

``Sec. 5111. Comprehensive oil spill response plans

  ``(a) Requirements.--Not later than 120 days after the date of 
enactment of this section, the Secretary shall issue such regulations 
as are necessary to require any railroad carrier transporting a Class 3 
flammable liquid to maintain a comprehensive oil spill response plan.
  ``(b) Contents.--The regulations under subsection (a) shall require 
each railroad carrier described in that subsection to--
          ``(1) include in the comprehensive oil spill response plan 
        procedures and resources, including equipment, for responding, 
        to the maximum extent practicable, to a worst-case discharge;
          ``(2) ensure that the comprehensive oil spill response plan 
        is consistent with the National Contingency Plan and each 
        applicable Area Contingency Plan;
          ``(3) include in the comprehensive oil spill response plan 
        appropriate notification and training procedures and procedures 
        for coordinating with Federal, State, and local emergency 
        responders;
          ``(4) review and update its comprehensive oil spill response 
        plan as appropriate; and
          ``(5) provide the comprehensive oil spill response plan for 
        acceptance by the Secretary.
  ``(c) Savings Clause.--Nothing in the section may be construed to 
prohibit the Secretary from promulgating differing comprehensive oil 
response plan standards for Class I railroads, Class II railroads, and 
Class III railroads.
  ``(d) Response Plans.--The Secretary shall--
          ``(1) maintain on file a copy of the most recent 
        comprehensive oil spill response plans prepared by a railroad 
        carrier transporting a Class 3 flammable liquid; and
          ``(2) provide to a person, upon written request, a copy of 
        the plan, which may exclude, as the Secretary determines 
        appropriate--
                  ``(A) proprietary information;
                  ``(B) security-sensitive information, including 
                information described in section 1520.5(a) of title 49, 
                Code of Federal Regulations;
                  ``(C) specific response resources and tactical 
                resource deployment plans; and
                  ``(D) the specific amount and location of worst-case 
                discharges, including the process by which a railroad 
                carrier determines the worst-case discharge.
  ``(e) Relationship to FOIA.--Nothing in this section may be construed 
to require disclose of information or records that are exempt from 
disclosure under section 552 of title 5.
  ``(f) Definitions.--
          ``(1) Area contingency plan.--The term `Area Contingency 
        Plan' has the meaning given the term in section 311(a) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321(a)).
          ``(2) Class 3 flammable liquid.--The term `Class 3 flammable 
        liquid' has the meaning given the term flammable liquid in 
        section 173.120 of title 49, Code of Federal Regulations.
          ``(3) Class i railroad; class ii railroad; and class iii 
        railroad.--The terms `Class I railroad', `Class II railroad', 
        and `Class III railroad' have the meaning given those terms in 
        section 20102.
          ``(4) National contingency plan.--The term `National 
        Contingency Plan' has the meaning given the term in section 
        1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
          ``(5) Railroad carrier.--The term `railroad carrier' has the 
        meaning given the term in section 20102.
          ``(6) Worst-case discharge.--The term `worst-case discharge' 
        means the largest foreseeable discharge of oil in the event of 
        an accident or incident, as determined by each railroad carrier 
        in accordance with regulations issued under this section.''.
  (b) Clerical Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5110 the following:

``5111. Comprehensive oil spill response plans.''.

SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE TRAINS.

  (a) Information on High-Hazard Flammable Trains.--Not later than 90 
days after the date of enactment of this Act, the Secretary shall issue 
regulations to require each applicable railroad carrier to provide 
information on high-hazard flammable trains to State emergency response 
commissions consistent with Emergency Order Docket No. DOT-OST-2014-
0067, and include appropriate protections from public release of 
proprietary information and security-sensitive information, including 
information described in section 1520.5(a) of title 49, Code of Federal 
Regulations.
  (b) High-Hazard Flammable Train.--The term ``high-hazard flammable 
train'' means a single train transporting 20 or more tank cars loaded 
with a Class 3 flammable liquid, as such term is defined in section 
173.120 of title 49, Code of Federal Regulations, in a continuous block 
or a single train transporting 35 or more tank cars loaded with a Class 
3 flammable liquid throughout the train consist.

SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED PNEUMATIC 
                    BRAKES.

  (a) Government Accountability Office Study.--
          (1) In general.--The Comptroller General of the United States 
        shall conduct an independent evaluation of ECP brake systems, 
        pilot program data, and the Department's research and analysis 
        on the costs, benefits, and effects of ECP brake systems.
          (2) Study elements.--In completing the independent evaluation 
        under paragraph (1), the Comptroller General of the United 
        States shall examine the following issues related to ECP brake 
        systems:
                  (A) Data and modeling results on safety benefits 
                relative to conventional brakes and to other braking 
                technologies or systems, such as distributed power and 
                2-way end-of-train devices.
                  (B) Data and modeling results on business benefits, 
                including the effects of dynamic braking.
                  (C) Data on costs, including up-front capital costs 
                and on-going maintenance costs.
                  (D) Analysis of potential operational benefits and 
                challenges, including the effects of potential 
                locomotive and car segregation, technical reliability 
                issues, and network disruptions.
                  (E) Analysis of potential implementation challenges, 
                including installation time, positive train control 
                integration complexities, component availability 
                issues, and tank car shop capabilities.
                  (F) Analysis of international experiences with the 
                use of advanced braking technologies.
          (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall transmit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the results of the independent evaluation 
        under paragraph (1).
  (b) Emergency Braking Application Testing.--
          (1) In general.--The Secretary shall enter into an agreement 
        with the National Academy of Sciences to--
                  (A) complete testing of ECP brake systems during 
                emergency braking application, including more than 1 
                scenario involving the uncoupling of a train with 70 or 
                more DOT-117-specification or DOT-117R-specification 
                tank cars; and
                  (B) transmit, not later than 18 months after the date 
                of enactment of this Act, to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report on the 
                results of the testing.
          (2) Independent experts.--In completing the testing under 
        paragraph (1)(A), the National Academy of Sciences may contract 
        with 1 or more engineering or rail experts, as appropriate, 
        that--
                  (A) are not railroad carriers, entities funded by 
                such carriers, or entities directly impacted by the 
                final rule issued on May 8, 2015, entitled ``Enhanced 
                Tank Car Standards and Operational Controls for High-
                Hazard Flammable Trains'' (80 Fed. Reg. 26643); and
                  (B) have relevant experience in conducting railroad 
                safety technology tests or similar crash tests.
          (3) Testing framework.--In completing the testing under 
        paragraph (1), the National Academy of Sciences and each 
        contractor described in paragraph (2) shall ensure that the 
        testing objectively, accurately, and reliably measures the 
        performance of ECP brake systems relative to other braking 
        technologies or systems, such as distributed power and 2-way 
        end-of-train devices, including differences in--
                  (A) the number of cars derailed;
                  (B) the number of cars punctured;
                  (C) the measures of in-train forces; and
                  (D) the stopping distance.
          (4) Funding.--The Secretary shall provide funding, as part of 
        the agreement under paragraph (1), to the National Academy of 
        Sciences for the testing required under this section--
                  (A) using sums made available to carry out sections 
                20108 and 5118 of title 49, United States Code; and
                  (B) to the extent funding under subparagraph (A) is 
                insufficient or unavailable to fund the testing 
                required under this section, using such sums as are 
                necessary from the amounts appropriated to the 
                Secretary, the Federal Railroad Administration, or the 
                Pipeline and Hazardous Materials Safety Administration, 
                or a combination thereof.
          (5) Equipment.--The National Academy of Sciences and each 
        contractor described in paragraph (2) may receive or use 
        rolling stock, track, and other equipment or infrastructure 
        from a private entity for the purposes of conducting the 
        testing required under this section.
  (c) Evidence-Based Approach.--
          (1) Analysis.--The Secretary shall--
                  (A) not later than 90 days after the report date, 
                fully incorporate and update the regulatory impact 
                analysis of the final rule described in subsection 
                (b)(2)(A) of the costs, benefits, and effects of the 
                applicable ECP brake system requirements;
                  (B) as soon as practicable after completion of the 
                updated analysis under subparagraph (A), solicit public 
                comment on the analysis for a period of not more than 
                30 days; and
                  (C) not later than 60 days after the end of the 
                public comment period under subparagraph (B), post the 
                final updated regulatory impact analysis on the 
                Department of Transportation's Internet Web site.
          (2) Determination.--Not later than 180 days after the report 
        date, the Secretary shall--
                  (A) determine, based on whether the final regulatory 
                impact analysis described in paragraph (1)(C) 
                demonstrates that the benefits, including safety 
                benefits, of the applicable ECP brake system 
                requirements exceed the costs of such requirements, 
                whether the applicable ECP brake system requirements 
                are justified;
                  (B) if the applicable ECP brake system requirements 
                are justified, publish in the Federal Register the 
                determination and reasons for such determination; and
                  (C) if the Secretary does not publish the 
                determination under subparagraph (B), repeal the 
                applicable ECP brake system requirements.
          (3) Savings clause.--Nothing in this section shall be 
        construed to prohibit the Secretary from implementing the final 
        rule described under subsection (b)(2)(A) prior to the 
        determination required under subsection (c)(2) of this section, 
        or require the Secretary to promulgate a new rulemaking on the 
        provisions of such final rule, other than the applicable ECP 
        brake system requirements, if the Secretary determines that the 
        applicable ECP brake system requirements are not justified 
        pursuant to this subsection.
  (d) Definitions.--In this section, the following definitions apply:
          (1) Applicable ecp brake system requirements.--The term 
        ``applicable ECP brake system requirements'' means sections 
        174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 
        179.202-12(g), and 179.202-13(i) of title 49, Code of Federal 
        Regulations, and any other regulation in effect on the date of 
        enactment of this Act requiring the installation of ECP brakes 
        or operation in ECP brake mode.
          (2) Class 3 flammable liquid.--The term ``Class 3 flammable 
        liquid'' has the meaning given the term flammable liquid in 
        section 173.120(a) of title 49, Code of Federal Regulations.
          (3) ECP.--The term ``ECP'' means electronically controlled 
        pneumatic when applied to a brake or brakes.
          (4) ECP brake mode.--The term ``ECP brake mode'' includes any 
        operation of a rail car or an entire train using an ECP brake 
        system.
          (5) ECP brake system.--
                  (A) In general.--The term ``ECP brake system'' means 
                a train power braking system actuated by compressed air 
                and controlled by electronic signals from the 
                locomotive or an ECP-EOT to the cars in the consist for 
                service and emergency applications in which the brake 
                pipe is used to provide a constant supply of compressed 
                air to the reservoirs on each car but does not convey 
                braking signals to the car.
                  (B) Inclusions.--The term ``ECP brake system'' 
                includes dual mode and stand-alone ECP brake systems.
          (6) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning given the term in section 20102 of title 49, United 
        States Code.
          (7) Report date.--The term ``report date'' means the date 
        that the reports under subsections (a)(3) and (b)(1)(B) are 
        required to be transmitted pursuant to those subsections.

SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN CONTROL 
                    SYSTEMS.

  (a) Short Title.--This section may be cited as the ``Positive Train 
Control Enforcement and Implementation Act of 2015''.
  (b) In General.--Section 20157 of title 49, United States Code, is 
amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``18 months after the date of 
                enactment of the Rail Safety Improvement Act of 2008'' 
                and inserting ``90 days after the date of enactment of 
                the Positive Train Control Enforcement and 
                Implementation Act of 2015'';
                  (B) by striking ``develop and'';
                  (C) by striking ``a plan for implementing'' and 
                inserting ``a revised plan for implementing'';
                  (D) by striking ``December 31, 2015'' and inserting 
                ``December 31, 2018''; and
                  (E) in subparagraph (B) by striking ``parts'' and 
                inserting ``sections'';
          (2) by striking subsection (a)(2) and inserting the 
        following:
          ``(2) Implementation.--
                  ``(A) Contents of revised plan.--A revised plan 
                required under paragraph (1) shall--
                          ``(i) describe--
                                  ``(I) how the positive train control 
                                system will provide for 
                                interoperability of the system with the 
                                movements of trains of other railroad 
                                carriers over its lines; and
                                  ``(II) how, to the extent practical, 
                                the positive train control system will 
                                be implemented in a manner that 
                                addresses areas of greater risk before 
                                areas of lesser risk;
                          ``(ii) comply with the positive train control 
                        system implementation plan content requirements 
                        under section 236.1011 of title 49, Code of 
                        Federal Regulations; and
                          ``(iii) provide--
                                  ``(I) the calendar year or years in 
                                which spectrum will be acquired and 
                                will be available for use in each area 
                                as needed for positive train control 
                                system implementation, if such spectrum 
                                is not already acquired and available 
                                for use;
                                  ``(II) the total amount of positive 
                                train control system hardware that will 
                                be installed for implementation, with 
                                totals separated by each major hardware 
                                category;
                                  ``(III) the total amount of positive 
                                train control system hardware that will 
                                be installed by the end of each 
                                calendar year until the positive train 
                                control system is implemented, with 
                                totals separated by each hardware 
                                category;
                                  ``(IV) the total number of employees 
                                required to receive training under the 
                                applicable positive train control 
                                system regulations;
                                  ``(V) the total number of employees 
                                that will receive the training, as 
                                required under the applicable positive 
                                train control system regulations, by 
                                the end of each calendar year until the 
                                positive train control system is 
                                implemented;
                                  ``(VI) a summary of any remaining 
                                technical, programmatic, operational, 
                                or other challenges to the 
                                implementation of a positive train 
                                control system, including challenges 
                                with--
                                          ``(aa) availability of public 
                                        funding;
                                          ``(bb) interoperability;
                                          ``(cc) spectrum;
                                          ``(dd) software;
                                          ``(ee) permitting; and
                                          ``(ff) testing, 
                                        demonstration, and 
                                        certification; and
                                  ``(VII) a schedule and sequence for 
                                implementing a positive train control 
                                system by the deadline established 
                                under paragraph (1).
                  ``(B) Alternative schedule and sequence.--
                Notwithstanding the implementation deadline under 
                paragraph (1) and in lieu of a schedule and sequence 
                under paragraph (2)(A)(iii)(VII), a railroad carrier or 
                other entity subject to paragraph (1) may include in 
                its revised plan an alternative schedule and sequence 
                for implementing a positive train control system, 
                subject to review under paragraph (3). Such schedule 
                and sequence shall provide for implementation of a 
                positive train control system as soon as practicable, 
                but not later than the date that is 24 months after the 
                implementation deadline under paragraph (1).
                  ``(C) Amendments.--A railroad carrier or other entity 
                subject to paragraph (1) may file a request to amend a 
                revised plan, including any alternative schedule and 
                sequence, as applicable, in accordance with section 
                236.1021 of title 49, Code of Federal Regulations.
                  ``(D) Compliance.--A railroad carrier or other entity 
                subject to paragraph (1) shall implement a positive 
                train control system in accordance with its revised 
                plan, including any amendments or any alternative 
                schedule and sequence approved by the Secretary under 
                paragraph (3).
          ``(3) Secretarial review.--
                  ``(A) Notification.--A railroad carrier or other 
                entity that submits a revised plan under paragraph (1) 
                and proposes an alternative schedule and sequence under 
                paragraph (2)(B) shall submit to the Secretary a 
                written notification when such railroad carrier or 
                other entity is prepared for review under subparagraph 
                (B).
                  ``(B) Criteria.--Not later than 90 days after a 
                railroad carrier or other entity submits a notification 
                under subparagraph (A), the Secretary shall review the 
                alternative schedule and sequence submitted pursuant to 
                paragraph (2)(B) and determine whether the railroad 
                carrier or other entity has demonstrated, to the 
                satisfaction of the Secretary, that such carrier or 
                entity has--
                          ``(i) installed all positive train control 
                        system hardware consistent with the plan 
                        contents provided pursuant to paragraph 
                        (2)(A)(iii)(II) on or before the implementation 
                        deadline under paragraph (1);
                          ``(ii) acquired all spectrum necessary for 
                        implementation of a positive train control 
                        system, consistent with the plan contents 
                        provided pursuant to paragraph (2)(A)(iii)(I) 
                        on or before the implementation deadline under 
                        paragraph (1);
                          ``(iii) completed employee training required 
                        under the applicable positive train control 
                        system regulations;
                          ``(iv) included in its revised plan an 
                        alternative schedule and sequence for 
                        implementing a positive train control system as 
                        soon as practicable, pursuant to paragraph 
                        (2)(B);
                          ``(v) certified to the Secretary in writing 
                        that it will be in full compliance with the 
                        requirements of this section on or before the 
                        date provided in an alternative schedule and 
                        sequence, subject to approval by the Secretary;
                          ``(vi) in the case of a Class I railroad 
                        carrier and Amtrak, implemented a positive 
                        train control system or initiated revenue 
                        service demonstration on the majority of 
                        territories, such as subdivisions or districts, 
                        or route miles that are owned or controlled by 
                        such carrier and required to have operations 
                        governed by a positive train control system; 
                        and
                          ``(vii) in the case of any other railroad 
                        carrier or other entity not subject to clause 
                        (vi)--
                                  ``(I) initiated revenue service 
                                demonstration on at least 1 territory 
                                that is required to have operations 
                                governed by a positive train control 
                                system; or
                                  ``(II) met any other criteria 
                                established by the Secretary.
                  ``(C) Decision.--
                          ``(i) In general.--Not later than 90 days 
                        after the receipt of the notification from a 
                        railroad carrier or other entity under 
                        subparagraph (A), the Secretary shall--
                                  ``(I) approve an alternative schedule 
                                and sequence submitted pursuant to 
                                paragraph (2)(B) if the railroad 
                                carrier or other entity meets the 
                                criteria in subparagraph (B); and
                                  ``(II) notify in writing the railroad 
                                carrier or other entity of the 
                                decision.
                          ``(ii) Deficiencies.--Not later than 45 days 
                        after the receipt of the notification under 
                        subparagraph (A), the Secretary shall provide 
                        to the railroad carrier or other entity a 
                        written notification of any deficiencies that 
                        would prevent approval under clause (i) and 
                        provide the railroad carrier or other entity an 
                        opportunity to correct deficiencies before the 
                        date specified in such clause.
                  ``(D) Revised deadlines.--
                          ``(i) Pending reviews.--For a railroad 
                        carrier or other entity that submits a 
                        notification under subparagraph (A), the 
                        deadline for implementation of a positive train 
                        control system required under paragraph (1) 
                        shall be extended until the date on which the 
                        Secretary approves or disapproves the 
                        alternative schedule and sequence, if such date 
                        is later than the implementation date under 
                        paragraph (1).
                          ``(ii) Alternative schedule and sequence 
                        deadline.--If the Secretary approves a railroad 
                        carrier or other entity's alternative schedule 
                        and sequence under subparagraph (C)(i), the 
                        railroad carrier or other entity's deadline for 
                        implementation of a positive train control 
                        system required under paragraph (1) shall be 
                        the date specified in that railroad carrier or 
                        other entity's alternative schedule and 
                        sequence. The Secretary may not approve a date 
                        for implementation that is later than 24 months 
                        from the deadline in paragraph (1).'';
          (3) by striking subsections (c), (d), and (e) and inserting 
        the following:
  ``(c) Progress Reports and Review.--
          ``(1) Progress reports.--Each railroad carrier or other 
        entity subject to subsection (a) shall, not later than March 
        31, 2016, and annually thereafter until such carrier or entity 
        has completed implementation of a positive train control 
        system, submit to the Secretary a report on the progress toward 
        implementing such systems, including--
                  ``(A) the information on spectrum acquisition 
                provided pursuant to subsection (a)(2)(A)(iii)(I);
                  ``(B) the totals provided pursuant to subclauses 
                (III) and (V) of subsection (a)(2)(A)(iii), by 
                territory, if applicable;
                  ``(C) the extent to which the railroad carrier or 
                other entity is complying with the implementation 
                schedule under subsection (a)(2)(A)(iii)(VII) or 
                subsection (a)(2)(B);
                  ``(D) any update to the information provided under 
                subsection (a)(2)(A)(iii)(VI);
                  ``(E) for each entity providing regularly scheduled 
                intercity or commuter rail passenger transportation, a 
                description of the resources identified and allocated 
                to implement a positive train control system;
                  ``(F) for each railroad carrier or other entity 
                subject to subsection (a), the total number of route 
                miles on which a positive train control system has been 
                initiated for revenue service demonstration or 
                implemented, as compared to the total number of route 
                miles required to have a positive train control system 
                under subsection (a); and
                  ``(G) any other information requested by the 
                Secretary.
          ``(2) Plan review.--The Secretary shall at least annually 
        conduct reviews to ensure that railroad carriers or other 
        entities are complying with the revised plan submitted under 
        subsection (a), including any amendments or any alternative 
        schedule and sequence approved by the Secretary. Such railroad 
        carriers or other entities shall provide such information as 
        the Secretary determines necessary to adequately conduct such 
        reviews.
          ``(3) Public availability.--Not later than 60 days after 
        receipt, the Secretary shall make available to the public on 
        the Internet Web site of the Department of Transportation any 
        report submitted pursuant to paragraph (1) or subsection (d), 
        but may exclude, as the Secretary determines appropriate--
                  ``(A) proprietary information; and
                  ``(B) security-sensitive information, including 
                information described in section 1520.5(a) of title 49, 
                Code of Federal Regulations.
  ``(d) Report to Congress.--Not later than July 1, 2018, the Secretary 
shall transmit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the progress of each 
railroad carrier or other entity subject to subsection (a) in 
implementing a positive train control system.
  ``(e) Enforcement.--The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 for--
          ``(1) a violation of this section;
          ``(2) the failure to submit or comply with the revised plan 
        required under subsection (a), including the failure to comply 
        with the totals provided pursuant to subclauses (III) and (V) 
        of subsection (a)(2)(A)(iii) and the spectrum acquisition dates 
        provided pursuant to subsection (a)(2)(A)(iii)(I);
          ``(3) failure to comply with any amendments to such revised 
        plan pursuant to subsection (a)(2)(C); and
          ``(4) the failure to comply with an alternative schedule and 
        sequence submitted under subsection (a)(2)(B) and approved by 
        the Secretary under subsection (a)(3)(C).'';
          (4) in subsection (h)--
                  (A) by striking ``The Secretary'' and inserting the 
                following:
          ``(1) In general.--The Secretary''; and
                  (B) by adding at the end the following:
          ``(2) Provisional operation.--Notwithstanding the 
        requirements of paragraph (1), the Secretary may authorize a 
        railroad carrier or other entity to commence operation in 
        revenue service of a positive train control system or component 
        to the extent necessary to enable the safe implementation and 
        operation of a positive train control system in phases.'';
          (5) in subsection (i)--
                  (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (3) through (5), respectively; and
                  (B) by inserting before paragraph (3) (as so 
                redesignated) the following:
          ``(1) Equivalent or greater level of safety.--The term 
        `equivalent or greater level of safety' means the compliance of 
        a railroad carrier with--
                  ``(A) appropriate operating rules in place 
                immediately prior to the use or implementation of such 
                carrier's positive train control system, except that 
                such rules may be changed by such carrier to improve 
                safe operations; and
                  ``(B) all applicable safety regulations, except as 
                specified in subsection (j).
          ``(2) Hardware.--The term `hardware' means a locomotive 
        apparatus, a wayside interface unit (including any associated 
        legacy signal system replacements), switch position monitors 
        needed for a positive train control system, physical back 
        office system equipment, a base station radio, a wayside radio, 
        a locomotive radio, or a communication tower or pole.''; and
          (6) by adding at the end the following:
  ``(j) Early Adoption.--
          ``(1) Operations.--From the date of enactment of the Positive 
        Train Control Enforcement and Implementation Act of 2015 
        through the 1-year period beginning on the date on which the 
        last Class I railroad carrier's positive train control system 
        subject to subsection (a) is certified by the Secretary under 
        subsection (h)(1) of this section and is implemented on all of 
        that railroad carrier's lines required to have operations 
        governed by a positive train control system, any railroad 
        carrier, including any railroad carrier that has its positive 
        train control system certified by the Secretary, shall not be 
        subject to the operational restrictions set forth in sections 
        236.567 and 236.1029 of title 49, Code of Federal Regulations, 
        that would apply where a controlling locomotive that is 
        operating in, or is to be operated in, a positive train 
        control-equipped track segment experiences a positive train 
        control system failure, a positive train control operated 
        consist is not provided by another railroad carrier when 
        provided in interchange, or a positive train control system 
        otherwise fails to initialize, cuts out, or malfunctions, 
        provided that such carrier operates at an equivalent or greater 
        level of safety than the level achieved immediately prior to 
        the use or implementation of its positive train control system.
          ``(2) Safety assurance.--During the period described in 
        paragraph (1), if a positive train control system that has been 
        certified and implemented fails to initialize, cuts out, or 
        malfunctions, the affected railroad carrier or other entity 
        shall make reasonable efforts to determine the cause of the 
        failure and adjust, repair, or replace any faulty component 
        causing the system failure in a timely manner.
          ``(3) Plans.--The positive train control safety plan for each 
        railroad carrier or other entity shall describe the safety 
        measures, such as operating rules and actions to comply with 
        applicable safety regulations, that will be put in place during 
        any system failure.
          ``(4) Notification.--During the period described in paragraph 
        (1), if a positive train control system that has been certified 
        and implemented fails to initialize, cuts out, or malfunctions, 
        the affected railroad carrier or other entity shall submit a 
        notification to the appropriate regional office of the Federal 
        Railroad Administration within 7 days of the system failure, or 
        under alternative location and deadline requirements set by the 
        Secretary, and include in the notification a description of the 
        safety measures the affected railroad carrier or other entity 
        has in place.
  ``(k) Small Railroads.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall amend section 
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations 
(relating to equipping locomotives for applicable Class II and Class 
III railroads operating in positive train control territory) to extend 
each deadline under such section by 3 years.
  ``(l) Revenue Service Demonstration.--When a railroad carrier or 
other entity subject to (a)(1) notifies the Secretary it is prepared to 
initiate revenue service demonstration, it shall also notify any 
applicable tenant railroad carrier or other entity subject to 
subsection (a)(1).''.
  (c) Conforming Amendment.--Section 20157(g), is amended--
          (1) by striking ``The Secretary'' and inserting the 
        following:
          ``(1) In general.--The Secretary''; and
          (2) by adding at the end the following:
          ``(2) Conforming regulatory amendments.--Immediately after 
        the date of the enactment of the Positive Train Control 
        Enforcement and Implementation Act of 2015, the Secretary--
                  ``(A) shall remove or revise the date-specific 
                deadlines in the regulations or orders implementing 
                this section to the extent necessary to conform with 
                the amendments made by such Act; and
                  ``(B) may not enforce any such date-specific 
                deadlines or requirements that are inconsistent with 
                the amendments made by such Act.
          ``(3) Review.--Nothing in the Positive Train Control 
        Enforcement and Implementation Act of 2015, or the amendments 
        made by such Act, shall be construed to require the Secretary 
        to issue regulations to implement such Act or amendments other 
        than the regulatory amendments required by paragraph (2) and 
        subsection (k).''.

SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3 
                    FLAMMABLE LIQUIDS.

  (a) In General.--Except as provided for in subsection (b), beginning 
on the date of enactment of this Act, all railroad tank cars used to 
transport Class 3 flammable liquids shall meet the DOT-117 or DOT-117R 
specifications in part 179 of title 49, Code of Federal Regulations, 
regardless of train composition.
  (b) Phase-Out Schedule.--Certain tank cars not meeting DOT-117 or 
DOT-117R specifications on the date of enactment of this Act may be 
used, regardless of train composition, until the following end-dates:
          (1) For transport of unrefined petroleum products in Class 3 
        flammable service, including crude oil--
                  (A) January 1, 2018, for non-jacketed DOT-111 tank 
                cars;
                  (B) March 1, 2018, for jacketed DOT-111 tank cars;
                  (C) April 1, 2020, for non-jacketed CPC-1232 tank 
                cars; and
                  (D) May 1, 2025, for jacketed CPC-1232 tank cars.
          (2) For transport of ethanol--
                  (A) May 1, 2023, for non-jacketed and jacketed DOT-
                111 tank cars;
                  (B) July 1, 2023, for non-jacketed CPC-1232 tank 
                cars; and
                  (C) May 1, 2025, for jacketed CPC-1232 tank cars.
          (3) For transport of Class 3 flammable liquids in Packing 
        Group I, other than Class 3 flammable liquids specified in 
        paragraphs (1) and (2), May 1, 2025.
          (4) For transport of Class 3 flammable liquids in Packing 
        Groups II and III, other than Class 3 flammable liquids 
        specified in paragraphs (1) and (2), May 1, 2029.
  (c) Retrofitting Shop Capacity.--The Secretary may extend the 
deadlines established under paragraphs (3) and (4) of subsection (b) 
for a period not to exceed 2 years if the Secretary determines that 
insufficient retrofitting shop capacity will prevent the phase-out of 
tank cars not meeting the DOT-117 or DOT-117R specifications by the 
deadlines set forth in such paragraphs.
  (d) Implementation.--Nothing in this section shall be construed to 
require the Secretary to issue regulations to implement this section.
  (e) Savings Clause.--Nothing in this section shall be construed to 
prohibit the Secretary from implementing the final rule issued on May 
08, 2015, entitled ``Enhanced Tank Car Standards and Operational 
Controls for High-Hazard Flammable Trains'' (80 Fed. Reg. 26643), other 
than the provisions of the final rule that are inconsistent with this 
section.
  (f) Class 3 Flammable Liquid Defined.--In this section, the term 
``Class 3 flammable liquid'' has the meaning given the term flammable 
liquid in section 173.120(a) of title 49, Code of Federal Regulations.

             TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.

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

            ``Subtitle IX--Multimodal Freight Transportation

``Chapter                                                          Sec.
``701. Multimodal freight policy............................      70101
``702. Multimodal freight transportation planning and             70201
                            information.

                ``CHAPTER 701--MULTIMODAL FREIGHT POLICY

``Sec.
``70101. National multimodal freight policy.
``70102. National freight strategic plan.
``70103. National Multimodal Freight Network.

``Sec. 70101. National multimodal freight policy

  ``(a) In General.--It is the policy of the United States to maintain 
and improve the condition and performance of the National Multimodal 
Freight Network established under section 70103 to ensure that the 
Network provides a foundation for the United States to compete in the 
global economy and achieve the goals described in subsection (b).
  ``(b) Goals.--The goals of the national multimodal freight policy 
are--
          ``(1) to identify infrastructure improvements, policies, and 
        operational innovations that--
                  ``(A) strengthen the contribution of the National 
                Multimodal Freight Network to the economic 
                competitiveness of the United States;
                  ``(B) reduce congestion and eliminate bottlenecks on 
                the National Multimodal Freight Network; and
                  ``(C) increase productivity, particularly for 
                domestic industries and businesses that create high-
                value jobs;
          ``(2) to improve the safety, security, efficiency, and 
        resiliency of multimodal freight transportation;
          ``(3) to achieve and maintain a state of good repair on the 
        National Multimodal Freight Network;
          ``(4) to use innovation and advanced technology to improve 
        the safety, efficiency, and reliability of the National 
        Multimodal Freight Network;
          ``(5) to improve the economic efficiency of the National 
        Multimodal Freight Network;
          ``(6) to improve the short- and long-distance movement of 
        goods that--
                  ``(A) travel across rural areas between population 
                centers;
                  ``(B) travel between rural areas and population 
                centers; and
                  ``(C) travel from the Nation's ports, airports, and 
                gateways to the National Multimodal Freight Network;
          ``(7) to improve the flexibility of States to support multi-
        State corridor planning and the creation of multi-State 
        organizations to increase the ability of States to address 
        multimodal freight connectivity; and
          ``(8) to reduce the adverse environmental impacts of freight 
        movement on the National Multimodal Freight Network.

``Sec. 70102. National freight strategic plan

  ``(a) In General.--Not later than 2 years after the date of enactment 
of this section, the Secretary of Transportation shall--
          ``(1) develop a national freight strategic plan in accordance 
        with this section; and
          ``(2) publish the plan on the public Internet Web site of the 
        Department of Transportation.
  ``(b) Contents.--The national freight strategic plan shall include--
          ``(1) an assessment of the condition and performance of the 
        National Multimodal Freight Network;
          ``(2) forecasts of freight volumes for the succeeding 5-, 10-
        , and 20-year periods;
          ``(3) an identification of major trade gateways and national 
        freight corridors that connect major population centers, trade 
        gateways, and other major freight generators;
          ``(4) an identification of bottlenecks on the National 
        Multimodal Freight Network that create significant freight 
        congestion, based on a quantitative methodology developed by 
        the Secretary, which shall, at a minimum, include--
                  ``(A) information from the Freight Analysis Framework 
                of the Federal Highway Administration; and
                  ``(B) to the maximum extent practicable, an estimate 
                of the cost of addressing each bottleneck and any 
                operational improvements that could be implemented;
          ``(5) an assessment of statutory, regulatory, technological, 
        institutional, financial, and other barriers to improved 
        freight transportation performance, and a description of 
        opportunities for overcoming the barriers;
          ``(6) an identification of best practices for improving the 
        performance of the National Multimodal Freight Network;
          ``(7) a process for addressing multistate projects and 
        encouraging jurisdictions to collaborate; and
          ``(8) strategies to improve freight intermodal connectivity.
  ``(c) Updates.--Not later than 5 years after the date of completion 
of the national freight strategic plan under subsection (a), and every 
5 years thereafter, the Secretary shall update the plan and publish the 
updated plan on the public Internet Web site of the Department of 
Transportation.
  ``(d) Consultation.--The Secretary shall develop and update the 
national freight strategic plan in consultation with State departments 
of transportation, metropolitan planning organizations, and other 
appropriate public and private transportation stakeholders.

``Sec. 70103. National Multimodal Freight Network

  ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary of Transportation shall 
establish the National Multimodal Freight Network in accordance with 
this section--
          ``(1) to focus Federal policy on the most strategic freight 
        assets; and
          ``(2) to assist in strategically directing resources and 
        policies toward improved performance of the National Multimodal 
        Freight Network.
  ``(b) Network Components.--The National Multimodal Freight Network 
shall include--
          ``(1) the National Highway Freight Network, as established 
        under section 167 of title 23;
          ``(2) the freight rail systems of Class I railroads, as 
        designated by the Surface Transportation Board;
          ``(3) the public ports of the United States that have total 
        annual foreign and domestic trade of at least 2,000,000 short 
        tons, as identified by the Waterborne Commerce Statistics 
        Center of the Army Corps of Engineers, using the data from the 
        latest year for which such data is available;
          ``(4) the inland and intracoastal waterways of the United 
        States, as described in section 206 of the Inland Waterways 
        Revenue Act of 1978 (33 U.S.C. 1804);
          ``(5) the Great Lakes, the St. Lawrence Seaway, and coastal 
        routes along which domestic freight is transported;
          ``(6) the 50 airports located in the United States with the 
        highest annual landed weight, as identified by the Federal 
        Aviation Administration; and
          ``(7) other strategic freight assets, including strategic 
        intermodal facilities and freight rail lines of Class II and 
        Class III railroads, designated by the Secretary as critical to 
        interstate commerce.
  ``(c) Other Strategic Freight Assets.--In determining network 
components in subsection (b), the Secretary may consider strategic 
freight assets identified by States, including public ports if such 
ports do not meet the annual tonnage threshold, for inclusion on the 
National Multimodal Freight Network.
  ``(d) Redesignation.--Not later than 5 years after the date of 
establishment of the National Multimodal Freight Network under 
subsection (a), and every 5 years thereafter, the Secretary shall 
update the National Multimodal Freight Network.
  ``(e) Consultation.--The Secretary shall establish and update the 
National Multimodal Freight Network in consultation with State 
departments of transportation and other appropriate public and private 
transportation stakeholders.
  ``(f) Landed Weight Defined.--In this section, the term `landed 
weight' means the weight of an aircraft transporting only cargo in 
intrastate, interstate, or foreign air transportation, as such terms 
are defined in section 40102(a).

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

``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Data and tools.

``Sec. 70201. State freight advisory committees

  ``(a) In General.--The Secretary of Transportation shall encourage 
each State to establish a freight advisory committee consisting of a 
representative cross-section of public and private sector freight 
stakeholders, including representatives of ports, freight railroads, 
shippers, carriers, freight-related associations, third-party logistics 
providers, the freight industry workforce, the transportation 
department of the State, and local governments.
  ``(b) Role of Committee.--A freight advisory committee of a State 
described in subsection (a) shall--
          ``(1) advise the State on freight-related priorities, issues, 
        projects, and funding needs;
          ``(2) serve as a forum for discussion for State 
        transportation decisions affecting freight mobility;
          ``(3) communicate and coordinate regional priorities with 
        other organizations;
          ``(4) promote the sharing of information between the private 
        and public sectors on freight issues; and
          ``(5) participate in the development of the freight plan of 
        the State described in section 70202.

``Sec. 70202. State freight plans

  ``(a) In General.--Each State shall develop a freight plan that 
provides a comprehensive plan for the immediate and long-range planning 
activities and investments of the State with respect to freight.
  ``(b) Plan Contents.--A freight plan described in subsection (a) 
shall include, at a minimum--
          ``(1) an identification of significant freight system trends, 
        needs, and issues with respect to the State;
          ``(2) a description of the freight policies, strategies, and 
        performance measures that will guide the freight-related 
        transportation investment decisions of the State;
          ``(3) a description of how the plan will improve the ability 
        of the State to meet the national freight goals described in 
        section 70101;
          ``(4) evidence of consideration of innovative technologies 
        and operational strategies, including intelligent 
        transportation systems, that improve the safety and efficiency 
        of freight movement;
          ``(5) in the case of routes on which travel by heavy vehicles 
        (including mining, agricultural, energy cargo or equipment, and 
        timber vehicles) is projected to substantially deteriorate the 
        condition of roadways, a description of improvements that may 
        be required to reduce or impede the deterioration; and
          ``(6) an inventory of facilities with freight mobility 
        issues, such as truck bottlenecks, within the State, and a 
        description of the strategies the State is employing to address 
        those freight mobility issues.
  ``(c) Relationship to State Plans.--
          ``(1) In general.--A freight plan described in subsection (a) 
        may be developed separately from or incorporated into the 
        statewide transportation plans required by section 135 of title 
        23.
          ``(2) Updates.--If the freight plan described in subsection 
        (a) is developed separately from the State transportation 
        improvement program, the freight plan shall be updated at least 
        every 5 years.

``Sec. 70203. Data and tools

  ``(a) In General.--Not later than 1 year after the date of enactment 
of this section, the Secretary shall--
          ``(1) begin development of new tools or improve existing 
        tools to support an outcome-oriented, performance-based 
        approach to evaluate proposed freight-related and other 
        transportation projects, including--
                  ``(A) methodologies for systematic analysis of 
                benefits and costs;
                  ``(B) tools for ensuring that the evaluation of 
                freight-related and other transportation projects may 
                consider safety, economic competitiveness, 
                environmental sustainability, and system condition in 
                the project selection process; and
                  ``(C) other elements to assist in effective 
                transportation planning;
          ``(2) identify transportation-related freight travel models 
        and model data elements to support a broad range of evaluation 
        methods and techniques to assist in making transportation 
        investment decisions; and
          ``(3) at a minimum, in consultation with other relevant 
        Federal agencies, consider any improvements to existing freight 
        flow data collection efforts, including improved methods to 
        standardize and manage the data, that could reduce identified 
        freight data gaps and deficiencies and help improve forecasts 
        of freight transportation demand.
  ``(b) Consultation.--The Secretary shall consult with Federal, State, 
and other stakeholders to develop, improve, and implement the tools and 
collect the data described in subsection (a).''.
  (b) Clerical Amendment.--The analysis of subtitles for title 49, 
United States Code, is amended by striking the item relating to 
subtitle IX and inserting the following:

``IX. Multimodal Freight Transportation.....................   70101''.

  (c) Repeals.--Sections 1117 and 1118 of MAP-21 (Public Law 112-141), 
and the items relating to such sections in the table of contents in 
section 1(c) of such Act, are repealed.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE 
                    BUREAU.

  (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 116. National Surface Transportation and Innovative Finance 
                    Bureau

  ``(a) Establishment.--The Secretary of Transportation shall establish 
a National Surface Transportation and Innovative Finance Bureau in the 
Department.
  ``(b) Purposes.--The purposes of the Bureau shall be--
          ``(1) to administer the application processes for programs 
        within the Department in accordance with subsection (d);
          ``(2) to promote innovative financing best practices in 
        accordance with subsection (e);
          ``(3) to reduce uncertainty and delays with respect to 
        environmental reviews and permitting in accordance with 
        subsection (f);
          ``(4) to reduce costs and risks to taxpayers in project 
        delivery and procurement in accordance with subsection (g); and
          ``(5) to carry out subtitle IX of this title.
  ``(c) Executive Director.--
          ``(1) Appointment.--The Bureau shall be headed by an 
        Executive Director, who shall be appointed in the competitive 
        service by the Secretary, with the approval of the President.
          ``(2) Duties.--The Executive Director shall--
                  ``(A) report to the Under Secretary of Transportation 
                for Policy;
                  ``(B) be responsible for the management and oversight 
                of the daily activities, decisions, operations, and 
                personnel of the Bureau;
                  ``(C) support the Council on Credit and Finance 
                established under section 117 in accordance with this 
                section; and
                  ``(D) carry out such additional duties as the 
                Secretary may prescribe.
  ``(d) Administration of Certain Application Processes.--
          ``(1) In general.--The Bureau shall administer the 
        application processes for the following programs:
                  ``(A) The infrastructure finance programs authorized 
                under chapter 6 of title 23.
                  ``(B) The railroad rehabilitation and improvement 
                financing program authorized under sections 501 through 
                503 of the Railroad Revitalization and Regulatory 
                Reform Act of 1976 (45 U.S.C. 821-823).
                  ``(C) Amount allocations authorized under section 
                142(m) of the Internal Revenue Code of 1986.
                  ``(D) The nationally significant freight and highway 
                projects program under section 117 of title 23.
          ``(2) Congressional notification.--The Secretary shall ensure 
        that the congressional notification requirements for each 
        program referred to in paragraph (1) are followed in accordance 
        with the statutory provisions applicable to the program.
          ``(3) Reports.--The Secretary shall ensure that the reporting 
        requirements for each program referred to in paragraph (1) are 
        followed in accordance with the statutory provisions applicable 
        to the program.
          ``(4) Coordination.--In administering the application 
        processes for the programs referred to in paragraph (1), the 
        Executive Director of the Bureau shall coordinate with 
        appropriate officials in the Department and its modal 
        administrations responsible for administering such programs.
          ``(5) Streamlining approval processes.--Not later than 1 year 
        after the date of enactment of this section, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation, the 
        Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on Environment and Public Works of the Senate a 
        report that--
                  ``(A) evaluates the application processes for the 
                programs referred to in paragraph (1);
                  ``(B) identifies administrative and legislative 
                actions that would improve the efficiency of the 
                application processes without diminishing Federal 
                oversight; and
                  ``(C) describes how the Secretary will implement 
                administrative actions identified under subparagraph 
                (B) that do not require an Act of Congress.
          ``(6) Procedures and transparency.--
                  ``(A) Procedures.--The Secretary shall, with respect 
                to the programs referred to in paragraph (1)--
                          ``(i) establish procedures for analyzing and 
                        evaluating applications and for utilizing the 
                        recommendations of the Council on Credit and 
                        Finance;
                          ``(ii) establish procedures for addressing 
                        late-arriving applications, as applicable, and 
                        communicating the Bureau's decisions for 
                        accepting or rejecting late applications to the 
                        applicant and the public; and
                          ``(iii) document major decisions in the 
                        application evaluation process through a 
                        decision memorandum or similar mechanism that 
                        provides a clear rationale for such decisions.
                  ``(B) Review.--
                          ``(i) In general.--The Comptroller General of 
                        the United States shall review the compliance 
                        of the Secretary with the requirements of this 
                        paragraph.
                          ``(ii) Recommendations.--The Comptroller 
                        General may make recommendations to the 
                        Secretary in order to improve compliance with 
                        the requirements of this paragraph.
                          ``(iii) Report.--Not later than 3 years after 
                        the date of enactment of this section, the 
                        Comptroller General shall submit to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Environment and Public Works and 
                        the Committee on Commerce, Science, and 
                        Transportation of the Senate a report on the 
                        results of the review conducted under clause 
                        (i), including findings and recommendations for 
                        improvement.
  ``(e) Innovative Financing Best Practices.--
          ``(1) In general.--The Bureau shall work with the modal 
        administrations within the Department, the States, and other 
        public and private interests to develop and promote best 
        practices for innovative financing and public-private 
        partnerships.
          ``(2) Activities.--The Bureau shall carry out paragraph (1)--
                  ``(A) by making Federal credit assistance programs 
                more accessible to eligible recipients;
                  ``(B) by providing advice and expertise to State and 
                local governments that seek to leverage public and 
                private funding;
                  ``(C) by sharing innovative financing best practices 
                and case studies from State and local governments with 
                other State and local governments that are interested 
                in utilizing innovative financing methods; and
                  ``(D) by developing and monitoring--
                          ``(i) best practices with respect to 
                        standardized State public-private partnership 
                        authorities and practices, including best 
                        practices related to--
                                  ``(I) accurate and reliable 
                                assumptions for analyzing public-
                                private partnership procurements;
                                  ``(II) procedures for the handling of 
                                unsolicited bids;
                                  ``(III) policies with respect to 
                                noncompete clauses; and
                                  ``(IV) other significant terms of 
                                public-private partnership 
                                procurements, as determined appropriate 
                                by the Bureau;
                          ``(ii) standard contracts for the most common 
                        types of public-private partnerships for 
                        transportation facilities; and
                          ``(iii) analytical tools and other techniques 
                        to aid State and local governments in 
                        determining the appropriate project delivery 
                        model, including a value for money analysis.
          ``(3) Transparency.--The Bureau shall--
                  ``(A) ensure transparency of a project receiving 
                credit assistance under a program identified in 
                subsection (d)(1) and procured as a public-private 
                partnership by--
                          ``(i) requiring the project sponsor of such 
                        project to undergo a value for money analysis 
                        or a comparable analysis prior to deciding to 
                        advance the project as a public-private 
                        partnership;
                          ``(ii) requiring the analysis required under 
                        subparagraph (A) and other key terms of the 
                        relevant public-private partnership agreement, 
                        to be made publicly available by the project 
                        sponsor at an appropriate time;
                          ``(iii) not later than 3 years after the 
                        completion of the project, requiring the 
                        project sponsor of such project to conduct a 
                        review regarding whether the private partner is 
                        meeting the terms of the relevant public 
                        private partnership agreement for the project; 
                        and
                          ``(iv) providing a publicly available summary 
                        of the total level of Federal assistance in 
                        such project; and
                  ``(B) develop guidance to implement this paragraph 
                that takes into consideration variations in State and 
                local laws and requirements related to public-private 
                partnerships.
          ``(4) Support to projects sponsors.--At the request of a 
        State or local government, the Bureau shall provide technical 
        assistance to the State or local government regarding proposed 
        public-private partnership agreements for transportation 
        facilities, including assistance in performing a value for 
        money analysis or comparable analysis.
          ``(5) Fixed guideway transit procedures report.--Not later 
        than 1 year after the date of enactment of this section, the 
        Secretary shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        a report that--
                  ``(A) evaluates the differences between traditional 
                design-bid-build, design-build, and public-private 
                partnership procurements for projects carried out under 
                the fixed guideway capital investment program 
                authorized under section 5309;
                  ``(B) identifies, for project procured as public-
                private partnerships whether the review and approval 
                process under the program requires modification to 
                better suit the unique nature of such procurements; and
                  ``(C) describes how the Secretary will implement any 
                administrative actions identified under subparagraph 
                (B) that do not require an Act of Congress.
  ``(f) Environmental Review and Permitting.--
          ``(1) In general.--The Bureau shall take such actions as are 
        appropriate and consistent with the goals and policies set 
        forth in this title and title 23, including with the 
        concurrence of other Federal agencies as required under this 
        title and title 23, to improve delivery timelines for projects.
          ``(2) Activities.--The Bureau shall carry out paragraph (1)--
                  ``(A) by serving as the Department's liaison to the 
                Council on Environmental Quality;
                  ``(B) by coordinating Department-wide efforts to 
                improve the efficiency and effectiveness of the 
                environmental review and permitting process;
                  ``(C) by coordinating Department efforts under 
                section 139 of title 23;
                  ``(D) by supporting modernization efforts at Federal 
                agencies to achieve innovative approaches to the 
                permitting and review of projects;
                  ``(E) by providing technical assistance and training 
                to field and headquarters staff of Federal agencies on 
                policy changes and innovative approaches to the 
                delivery of projects;
                  ``(F) by identifying, developing, and tracking 
                metrics for permit reviews and decisions by Federal 
                agencies for projects under the National Environmental 
                Policy Act of 1969; and
                  ``(G) by administering and expanding the use of 
                Internet-based tools providing for--
                          ``(i) the development and posting of 
                        schedules for permit reviews and permit 
                        decisions for projects; and
                          ``(ii) the sharing of best practices related 
                        to efficient permitting and reviews for 
                        projects.
          ``(3) Support to project sponsors.--At the request of a State 
        or local government, the Bureau, in coordination with the other 
        appropriate modal agencies within the Department, shall provide 
        technical assistance with regard to the compliance of a project 
        sponsored by the State or local government with the 
        requirements of the National Environmental Policy Act 1969 and 
        relevant Federal environmental permits.
  ``(g) Project Procurement.--
          ``(1) In general.--The Bureau shall promote best practices in 
        procurement for a project receiving assistance under a program 
        identified in subsection (d)(1) by developing, in coordination 
        with the Federal Highway Administration and other modal 
        agencies as appropriate, procurement benchmarks in order to 
        ensure accountable expenditure of Federal assistance over the 
        life cycle of such project.
          ``(2) Procurement benchmarks.--The procurement benchmarks 
        developed under paragraph (1) shall, to the maximum extent 
        practicable--
                  ``(A) establish maximum thresholds for acceptable 
                project cost increases and delays in project delivery;
                  ``(B) establish uniform methods for States to measure 
                cost and delivery changes over the life cycle of a 
                project; and
                  ``(C) be tailored, as necessary, to various types of 
                project procurements, including design-bid-build, 
                design-build, and public private partnerships.
  ``(h) Elimination and Consolidation of Duplicative Offices.--
          ``(1) Elimination of offices.--The Secretary may eliminate 
        any office within the Department if the Secretary determines 
        that the purposes of the office are duplicative of the purposes 
        of the Bureau, and the elimination of such office shall not 
        adversely affect the obligations of the Secretary under any 
        Federal law.
          ``(2) Consolidation of offices.--The Secretary may 
        consolidate any office within the Department into the Bureau 
        that the Secretary determines has duties, responsibilities, 
        resources, or expertise that support the purposes of the 
        Bureau.
          ``(3) Staffing and budgetary resources.--
                  ``(A) In general.--The Secretary shall ensure that 
                the Bureau is adequately staffed and funded.
                  ``(B) Staffing.--The Secretary may transfer to the 
                Bureau a position within the Department from any office 
                that is eliminated or consolidated under this 
                subsection if the Secretary determines that the 
                position is necessary to carry out the purposes of the 
                Bureau.
                  ``(C) Budgetary resources.--
                          ``(i) Transfer of funds from eliminated or 
                        consolidated offices.--The Secretary may 
                        transfer to the Bureau funds allocated to any 
                        office that is eliminated or consolidated under 
                        this subsection to carry out the purposes of 
                        the Bureau.
                          ``(ii) Transfer of funds allocated to 
                        administrative costs.--The Secretary shall 
                        transfer to the Bureau funds allocated to the 
                        administrative costs of processing applications 
                        for the programs referred to in subsection 
                        (d)(1).
          ``(4) Report.--Not later than 180 days after the date of 
        enactment of this section, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that--
                  ``(A) lists the offices eliminated under paragraph 
                (1) and provides the rationale for elimination of the 
                offices;
                  ``(B) lists the offices consolidated under paragraph 
                (2) and provides the rationale for consolidation of the 
                offices; and
                  ``(C) describes the actions taken under paragraph (3) 
                and provides the rationale for taking such actions.
  ``(i) Savings Provisions.--
          ``(1) Laws and regulations.--Nothing in this section may be 
        construed to change a law or regulation with respect to a 
        program referred to in subsection (d)(1).
          ``(2) Responsibilities.--Nothing in this section may be 
        construed to abrogate the responsibilities of an agency, 
        operating administration, or office within the Department 
        otherwise charged by a law or regulation with other aspects of 
        program administration, oversight, and project approval or 
        implementation for the programs and projects subject to this 
        section.
  ``(j) Definitions.--In this section, the following definitions apply:
          ``(1) Bureau.--The term `Bureau' means the National Surface 
        Transportation and Innovative Finance Bureau of the Department.
          ``(2) Department.--The term `Department' means the Department 
        of Transportation.
          ``(3) Multimodal project.--The term `multimodal project' 
        means a project involving the participation of more than one 
        modal administration or secretarial office within the 
        Department.
          ``(4) Project.--The term `project' means a highway project, 
        public transportation capital project, freight or passenger 
        rail project, or multimodal project.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

``116. National Surface Transportation and Innovative Finance 
Bureau.''.

SEC. 9002. COUNCIL ON CREDIT AND FINANCE.

  (a) In General.--Chapter 1 of title 49, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:

``Sec. 117. Council on Credit and Finance

  ``(a) Establishment.--The Secretary of Transportation shall establish 
a Council on Credit and Finance in accordance with this section.
  ``(b) Membership.--
          ``(1) In general.--The Council shall be composed of the 
        following members:
                  ``(A) The Under Secretary of Transportation for 
                Policy.
                  ``(B) The Chief Financial Officer and Assistant 
                Secretary for Budget and Programs.
                  ``(C) The General Counsel of the Department of 
                Transportation.
                  ``(D) The Assistant Secretary for Transportation 
                Policy.
                  ``(E) The Administrator of the Federal Highway 
                Administration.
                  ``(F) The Administrator of the Federal Transit 
                Administration.
                  ``(G) The Administrator of the Federal Railroad 
                Administration.
          ``(2) Additional members.--The Secretary may designate up to 
        3 additional officials of the Department to serve as at-large 
        members of the Council.
          ``(3) Chairperson and vice chairperson.--
                  ``(A) Chairperson.--The Under Secretary of 
                Transportation for Policy shall serve as the 
                chairperson of the Council.
                  ``(B) Vice chairperson.--The Chief Financial Officer 
                and Assistant Secretary for Budget and Programs shall 
                serve as the vice chairperson of the Council.
          ``(4) Executive director.--The Executive Director of the 
        National Surface Transportation and Innovative Finance Bureau 
        shall serve as a nonvoting member of the Council.
  ``(c) Duties.--The Council shall--
          ``(1) review applications for assistance submitted under the 
        programs referred to in section 116(d)(1);
          ``(2) make recommendations to the Secretary regarding the 
        selection of projects to receive assistance under the programs 
        referred to in section 116(d)(1);
          ``(3) review, on a regular basis, projects that received 
        assistance under the programs referred to in section 116(d)(1); 
        and
          ``(4) carry out such additional duties as the Secretary may 
        prescribe.''.
  (b) Clerical Amendment.--The analysis for such chapter is further 
amended by adding at the end the following:

``117. Council on Credit and Finance.''.

    TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

SEC. 10001. ALLOCATIONS.

  (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent'' 
and inserting ``58.012 percent''.
  (b) In General.--Section 4 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by striking ``For each'' and all that 
                        follows through ``the balance'' and inserting 
                        ``For each fiscal year through fiscal year 
                        2021, the balance''; and
                          (ii) by striking ``multistate conservation 
                        grants under section 14'' and inserting 
                        ``activities under section 14(e)'';
                  (B) in paragraph (1), by striking ``18.5'' percent 
                and inserting ``18.673 percent'';
                  (C) in paragraph (2) by striking ``18.5 percent'' and 
                inserting ``17.315 percent'';
                  (D) by striking paragraphs (3) and (4);
                  (E) by redesignating paragraph (5) as paragraph (4); 
                and
                  (F) by inserting after paragraph (2) the following:
          ``(3) Boating infrastructure improvement.--
                  ``(A) In general.--An amount equal to 4 percent to 
                the Secretary of the Interior for qualified projects 
                under section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note) and section 7404(d) of the 
                Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 
                777g-1(d)).
                  ``(B) Limitation.--Not more than 75 percent of the 
                amount under subparagraph (A) shall be available for 
                projects under either of the sections referred to in 
                subparagraph (A).'';
          (2) in subsection (b)--
                  (A) in paragraph (1)(A) by striking ``for each'' and 
                all that follows through ``the Secretary'' and 
                inserting ``for each fiscal year through fiscal year 
                2021, the Secretary'';
                  (B) by redesignating paragraph (2) as paragraph (3);
                  (C) by inserting after paragraph (1) the following:
          ``(2) Set-aside for coast guard administration.--
                  ``(A) In general.--From the annual appropriation made 
                in accordance with section 3, for each of fiscal years 
                2016 through 2021, the Secretary of the department in 
                which the Coast Guard is operating may use no more than 
                the amount specified in subparagraph (B) for the fiscal 
                year for the purposes set forth in section 13107(c) of 
                title 46, United States Code. The amount specified in 
                subparagraph (B) for a fiscal year may not be included 
                in the amount of the annual appropriation distributed 
                under subsection (a) for the fiscal year.
                  ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          ``(i) for fiscal year 2016, $7,800,000;
                          ``(ii) for fiscal year 2017, $7,900,000;
                          ``(iii) for fiscal year 2018, $8,000,000;
                          ``(iv) for fiscal year 2019, $8,100,000;
                          ``(v) for fiscal year 2020, $8,200,000; and
                          ``(vi) for fiscal year 2021, $8,300,000.''; 
                        and
                  (D) in paragraph (3), as so redesignated--
                          (i) in subparagraph (A), by striking ``until 
                        the end of the fiscal year.'' and inserting 
                        ``until the end of the subsequent fiscal 
                        year.''; and
                          (ii) in subparagraph (B) by striking ``under 
                        subsection (e)'' and inserting ``under 
                        subsection (c)'';
          (3) in subsection (c)--
                  (A) by striking ``(c) The Secretary'' and inserting 
                ``(c)(1) The Secretary,'';
                  (B) by striking ``grants under section 14 of this 
                title'' and inserting ``activities under section 
                14(e)'';
                  (C) by striking ``57 percent'' and inserting ``58.012 
                percent''; and
                  (D) by adding at the end the following:
  ``(2) The Secretary shall deduct from the amount to be apportioned 
under paragraph (1) the amounts used for grants under section 14(a).''; 
and
          (4) in subsection (e)(1), by striking ``those subsections,'' 
        and inserting ``those paragraphs,''.
  (c) Submission and Approval of Plans and Projects.--Section 6(d) of 
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is 
amended by striking ``for appropriations'' and inserting ``from 
appropriations''.
  (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is amended by 
striking ``57 percent'' and inserting ``58.012 percent''.
  (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777k) is amended--
          (1) by striking ``57 percent'' and inserting ``58.012 
        percent''; and
          (2) by striking ``under section 4(b)'' and inserting ``under 
        section 4(c)''.
  (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777m) is amended--
          (1) in subsection (a)(1), by striking ``of each annual 
        appropriation made in accordance with the provisions of section 
        3''; and
          (2) in subsection (e)--
                  (A) in the matter preceding paragraph (1) by striking 
                ``Of amounts made available under section 4(b) for each 
                fiscal year--'' and inserting ``Not more than 
                $1,200,000 of each annual appropriation made in 
                accordance with the provisions of section 3 shall be 
                distributed to the Secretary of the Interior for use as 
                follows:''; and
                  (B) in paragraph (1)(D) by striking ``; and'' and 
                inserting a period.
  (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777 et seq.) is amended--
          (1) by striking section 15; and
          (2) by redesignating section 16 as section 15.

SEC. 10002. RECREATIONAL BOATING SAFETY.

  Section 13107 of title 46, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by striking ``(1) Subject to paragraph (2) and 
                subsection (c),'' and inserting ``Subject to subsection 
                (c),'';
                  (B) by striking ``the sum of (A) the amount made 
                available from the Boat Safety Account for that fiscal 
                year under section 15 of the Dingell-Johnson Sport Fish 
                Restoration Act and (B)''; and
                  (C) by striking paragraph (2); and
          (2) in subsection (c)--
                  (A) by striking the subsection designation and 
                paragraph (1) and inserting the following:
  ``(c)(1)(A) The Secretary may use amounts made available each fiscal 
year under section 4(b)(2) of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the 
Coast Guard for investigations, personnel, and activities directly 
related to--
          ``(i) administering State recreational boating safety 
        programs under this chapter; or
          ``(ii) coordinating or carrying out the national recreational 
        boating safety program under this title.
  ``(B) Of the amounts used by the Secretary each fiscal year under 
subparagraph (A)--
          ``(i) not less than $2,000,000 is available to ensure 
        compliance with chapter 43 of this title; and
          ``(ii) not more than $1,500,000 is available to conduct a 
        survey of levels of recreational boating participation and 
        related matters in the United States.''; and
                  (B) in paragraph (2)--
                          (i) by striking ``No funds'' and inserting 
                        ``On and after October 1, 2016, no funds''; and
                          (ii) by striking ``traditionally''.

                         Purpose of Legislation

    H.R. 3763, the Surface Transportation Reauthorization and 
Reform Act of 2015 (STRR Act), as amended, authorizes federal 
surface transportation programs through fiscal year (FY) 2021. 
The bill makes reforms to laws governing highway project 
funding and construction, transit, highway safety, the 
operations of motor carriers, transportation research, and 
hazardous materials transportation.

                  Background and Need for Legislation

    The Moving Ahead for Progress in the 21st Century Act (MAP-
21) (P.L. 112-141) was enacted in July 2012 and reauthorized 
federal surface transportation programs through September 30, 
2014. Since that time, four extensions have been enacted to 
continue program authorizations. The latest extension, the 
Surface Transportation Extension Act of 2015, will expire on 
November 20, 2015. The STRR Act provides the long-term 
stability that is needed in order for states to plan major 
transportation projects.

                      IMPROVING OUR INFRASTRUCTURE

    The surface transportation system represents our most 
immediate and accessible link to our Nation's vast 
transportation network. Our surface transportation 
infrastructure supports our national security, ensures our 
global competitiveness, and facilitates economic growth. As we 
invest in new transportation projects, we must also continue to 
invest in existing structures so we can remain competitive in 
the global marketplace.
    During the last two centuries, improvements in our surface 
transportation system helped build the United States into a 
great nation. Our surface transportation infrastructure became 
second to none. Today, reports of deteriorating bridges, 
crumbling highways, and breakdowns on transit systems serve as 
reminders that when this infrastructure is taken for granted, 
it increases risks to the system's safety and our economy. The 
United States now ranks 16th in the world in terms of 
infrastructure quality, and 15th in percentage of Gross 
Domestic Product devoted to infrastructure investment.
    The STRR Act improves our surface transportation 
infrastructure by making necessary reforms to programs, 
refocusing on our national priorities, and focusing on 
innovation.

                                 REFORM

    Building transportation projects requires state and local 
governments to meet complex legal, technical, and analytical 
requirements. Currently, it can take up to 14 years for a 
transportation project to be completed using federal funds. 
Time is money, and any unnecessary barrier or delay during the 
process can have a significant impact on the number and quality 
of improvements, particularly when funding for our Nation's 
infrastructure is limited.
    The STRR Act reforms surface transportation programs to 
accelerate project delivery, promote innovative financing, and 
provide greater flexibility to states and local governments to 
better address their priorities and needs.

                 REFOCUSING ON OUR NATIONAL PRIORITIES

    One of the fundamental responsibilities of government is 
promoting interstate commerce. This duty is critical to the 
economy. A strong national surface transportation system 
enhances the flow of commerce from coast to coast, as well as 
beyond our borders. It also increases the ability of American 
businesses to prosper, create jobs, and compete in a global 
marketplace.
    The STRR Act refocuses federal transportation programs on 
national priorities. The bill redirects existing funds into a 
new program, the Nationally Significant Freight and Highway 
Projects program, to focus on large-scale projects of national 
or regional importance. This new program ensures that the best 
projects are awarded funding by establishing a competitive 
grant process with congressional oversight. Further, this 
program provides dedicated funding for freight projects for the 
first time.

                               INNOVATION

    Technology plays an important and growing role in our 
Nation's transportation systems. Our Nation's surface 
transportation system must be capable of benefiting from 
innovation and new transportation technologies.
    Innovation is increasingly important to how we live our 
lives, how we get from place to place, and how we build our 
infrastructure. Taking advantage of existing and future 
transportation technologies is another means of judiciously 
utilizing limited funding. Connected vehicles, smart 
infrastructure, and autonomous vehicles are a few examples of 
the future of transportation. We cannot afford to stifle or 
overregulate innovations that can make our surface 
transportation system safer and more efficient. For example, 93 
percent of highway crashes are attributable to driver control 
error. If advances in technology can reduce instances of driver 
error, we can also reduce the approximately 32,000 traffic 
fatalities each year.
    The STRR Act promotes private investment in our surface 
transportation system. By collaborating with the private 
sector, each taxpayer dollar is stretched further for a better 
and more effective investment. Accelerating the introduction of 
new transportation technologies and promoting the deployment of 
such technologies will improve safety for drivers and 
pedestrians. The bill also focuses on updating federal research 
and transportation standards development to reflect the growth 
of technology used in transportation.

                        FEDERAL HIGHWAY PROGRAM

    The Federal-Aid Highway Program is a federally-funded, 
state administered program. While the Federal Highway 
Administration (FHWA) oversees the program, the states 
determine how, where, and on what projects to use their federal 
highway funding. The STRR Act reauthorizes the program through 
FY 2021 and includes several reforms to maximize funding for 
national priorities, improve project delivery, increase 
flexibility for state and local governments, and improve 
transparency.

Maximizes funding for national priorities

    The bill refocuses existing funding to create a Nationally 
Significant Freight and Highway Projects program funded at $4.5 
billion for fiscal years 2016 through 2021 for large-scale 
projects of national or regional importance. It also expands 
funding available to address deficient bridges off the National 
Highway System (NHS).

Improves project delivery

    The bill accelerates the environmental review and 
permitting process by promoting increased and early 
coordination among federal, state, and local agencies, 
consolidating the approval process, and establishing a pilot 
program to allow up to five states to apply state laws and 
regulations if they are substantially equivalent to National 
Environmental Policy Act (NEPA).

Increases flexibility

    The bill converts the Surface Transportation Program (STP) 
to a block grant program, the Surface Transportation Block 
Grant Program (STBGP), maximizing flexibility for states and 
local governments. It also rolls the Transportation 
Alternatives Program into STBGP and increases the amount that 
certain local governments can flex out of the program to spend 
on other highway priorities. It increases the amount of STBGP 
funding that is distributed to local governments from 50 
percent to 55 percent over the life of the bill. Finally, it 
removes a requirement for states to collect superfluous data on 
unpaved and gravel roads.

Improves transparency

    The bill requires FHWA to provide project-level information 
to Congress and the public.

                        FEDERAL TRANSIT PROGRAMS

    Public transportation enhances mobility for many 
individuals, whether they come from a rural or urban setting. 
The STRR Act reauthorizes federal transit programs through FY 
2021 and includes provisions to reform Federal Transit 
Administration (FTA) programs, increase flexibility, expand 
mobility, improve safety, and promote accountability.

Increases flexibility

    The bill improves flexibility for local transit authorities 
by reducing federal mandates on transit enhancement activities 
and cost shares for bicycle related projects. It also allows 
transit authorities to use federal funds to meet their state of 
good repair needs. Finally, the bill includes provisions to 
make capital purchases more cost effective.

Expands mobility

    The bill provides for the coordination of public 
transportation services with other federally assisted local 
transportation services to aid in the mobility of seniors and 
individuals with disabilities. It also allows states to partner 
with intercity bus providers to support greater rural mobility.

Improves safety

    The bill strengthens safety by requiring the Secretary of 
Transportation (Secretary) to review existing minimum safety 
standards in public transportation, determine where gaps or 
conflicts between regulations exist, and work with the public 
and stakeholders to address them. The Secretary is authorized 
to withhold funds from the Public Transportation Safety Program 
when recipients are determined to be non-compliant with minimum 
safety standards.

Promotes accountability

    The bill consolidates research programs conducted by FTA to 
increase government accountability and transparency. Annual 
reports on research must be accessible to the public. To 
improve the transparency and accountability of transit grants, 
transit authorities are required to include project elements in 
the project's cost-effectiveness calculation.

                             HIGHWAY SAFETY

    In 2013, 32,719 fatalities occurred on our Nation's 
highways, according to the National Highway Traffic Safety 
Administration (NHTSA). More can be done to reduce the number 
of accidents and improve safety. The STRR Act reauthorizes 
highway safety programs through FY 2021 and makes several 
reforms to existing law to help keep drivers, pedestrians, and 
our roads safe.

Prioritizes emerging safety needs

    The bill enables states to spend more funds on the pressing 
safety needs unique to their state by increasing the percentage 
of National Priority Safety Program funds that can be flexed to 
each state's traditional safety program. The bill 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.

Improves safety

    The bill reforms the Impaired Driving Countermeasures, 
Distracted Driving, and State Graduated Driver License 
Incentive programs to reduce barriers to state eligibility and 
improve incentives for states to adopt laws and regulations to 
improve highway safety. The bill encourages states to adopt 
programs to increase driver awareness of commercial motor 
vehicles. Finally, the bill encourages states to adopt safety 
awareness programs for pedestrians and bicyclists.

                             MOTOR CARRIERS

    The operations of trucks and intercity buses are critical 
to our economy. In 2012, 70 percent of all freight in the 
United States--over 13 billion tons valued at more than $12 
trillion--was moved by truck. In the same year, the motor coach 
industry provided approximately 637 million trips to 
passengers, transporting them a total of 75.7 billion miles. To 
continue to grow the economy, it is important to ensure these 
industries can continue to safely move freight and passengers 
in interstate commerce. The STRR Act reauthorizes the programs 
of the Federal Motor Carrier Safety Administration (FMCSA) 
through FY 2021 and includes several reforms to improve truck 
and bus safety.

Improves safety

    The bill incentivizes the adoption of innovative truck and 
bus safety technologies and accelerates the implementation of 
safety regulations required by law. The bill also authorizes 
new testing methods to detect the use of drugs and alcohol by 
commercial motor vehicle drivers.

Reduces regulatory burdens

    The bill reforms the regulatory process by requiring FMCSA 
to review regulations every five years to ensure they are 
current, consistent, and uniformly enforced. The bill 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 bill 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.

                   HAZARDOUS MATERIALS TRANSPORTATION

    The Pipelines and Hazardous Materials Safety Administration 
(PHMSA) oversees the safe and secure shipment of nearly 1.4 
million daily movements of hazardous materials, including 
everyday products, such as paints, fuels, fertilizers, alcohol, 
chlorine, fireworks, and batteries that are essential items to 
the general public and local economies due to their use in the 
American economy. In total, almost 4 billion tons of hazardous 
materials are moved safely throughout the Nation each year. 
However, this does not mean we cannot improve on an already 
safe industry. The bill strengthens and advances the safe and 
efficient movement of hazardous materials through a number of 
reforms and safety improvements.

Enhances emergency preparedness and response

    The bill reforms an underutilized grant program to get more 
money to states and Indian tribes for emergency response, while 
also granting states more power to decide how to spend their 
training and planning funds. It helps better leverage training 
funding for hazardous materials employees and those enforcing 
hazardous materials regulations. Additionally, it will require 
all Class I Railroads to provide information to State Emergency 
Response Commissions (SERCs) regarding the movement of certain 
flammable materials.

Strengthens and improves crude-by-rail

    The bill enhances safety by requiring new tank cars to be 
equipped with ``thermal blankets'', requiring each railroad 
carrier transporting certain flammable liquids to maintain a 
comprehensive oil spill response plan and provide certain 
information about flammable liquid shipments to SERCs, and 
initiates real-world testing and a data-driven approach to 
investigate braking technology requirements for crude 
movements. Finally, it ensures all DOT-111 and CPC-1232 tank 
cars in flammable liquids service are upgraded to new retrofit 
standards regardless of the product being transported.

Streamlines processes and creates certainty and transparency for 
        industry

    The bill extends the deadline for positive train control 
technology to ensure a safe and efficient implementation for 
America's rail passengers, commuters, and freight railroads. 
Additionally, it speeds up the administrative process and 
reduces red tape to create certainty for the hazardous 
materials industry with special permits and approvals. The bill 
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 PHMSA to respond more nimbly during national 
emergencies. Finally, it requires PHMSA to withdraw a 
rulemaking on ``wetlines'' consistent with a Government 
Accountability Office (GAO) study recommending that PHMSA 
collect more data.

                                Hearings

    On February 11, 2015, the Committee on Transportation and 
Infrastructure held a hearing to receive testimony from the 
Secretary of Transportation regarding the Administration's 
perspective on a reauthorization of federal surface 
transportation programs. On March 17, 2015, the Committee held 
a hearing to gather input from representatives of state and 
local governments concerning a reauthorization of federal 
surface transportation programs. On April 14, 2015, the 
Subcommittee on Railroads, Pipelines, and Hazardous Materials 
held a hearing to examine ongoing rail, pipeline, and hazardous 
materials rulemakings. On April 29, 2015, the Subcommittee on 
Highways and Transit held a hearing to examine the safety of 
commercial motor vehicles. On June 24, 2015, the Subcommittee 
on Highways and Transit held a hearing to examine rural 
transportation needs. On June 24, 2015, the Subcommittee on 
Railroads, Pipelines, and Hazardous Materials held a hearing on 
the state of positive train control implementation in the 
United States.

                 Legislative History and Consideration

    On October 20, 2015, Committee on Transportation and 
Infrastructure Committee Chairman Bill Shuster and Ranking 
Member Peter DeFazio, and Subcommittee on Highways and Transit 
Chairman Sam Graves and Ranking Member Eleanor Holmes Norton 
introduced H.R. 3763, the Surface Transportation 
Reauthorization and Reform Act of 2015. On October 22, 2015, 
the Committee met in open session to consider H.R. 3763, and 
ordered the bill, as amended, reported favorably to the House 
of Representatives by voice vote with a quorum present.
    During consideration of the bill, the Committee dispensed 
with amendments as follows:

The following amendments were approved by voice vote:

    A Manager's amendment offered by Chairman Shuster 
designated 045;
    Amendments considered en bloc and consisting of an 
amendment by Representative LoBiondo designated 013, and 
amendment by Representative Davis designated 030, an amendment 
by Representative Hanna designated 019, an amendment by 
Representative Hunter designated 044, and an amendment by 
Representative Gibbs designated 009; and An amendment offered 
by Representative Ribble designated 022.

The following amendments were approved by unanimous consent:

    An amendment offered by Representative Perry designated 
042;
    An amendment offered by Representative Carson designated 
866;
    An amendment offered by Representative Titus designated 
040;
    An amendment offered by Representative Lipinski designated 
085; and
    An amendment offered by Representative Babin designated 
055.

The following amendment was ruled out of order:

    An amendment offered by Representative Garamendi designated 
069.

The following amendments were defeated by recorded vote:

    An amendment offered by Representative Garamendi designated 
070; and
    An amendment offered by Representative Rokita designated 
029.

The following amendments were withdrawn:

    An amendment offered by Representative Young designated 
090;
    An amendment offered by Representative Capuano designated 
029;
    An amendment offered by Representative Duncan designated 
024;
    Amendments offered by Representative Napolitano considered 
en bloc and consisting of an amendment designated 011, an 
amendment designated 013, and an amendment designated 015;
    An amendment offered by Representative Hunter designated 
045;
    An amendment offered by Representative Cohen designated 
075;
    An amendment offered by Representative Crawford designated 
039;
    An amendment offered by Representative Edwards designated 
037;
    An amendment offered by Representative Barletta designated 
040;
    An amendment offered by Representative Farenthold 
designated 038;
    An amendment offered by Representative Hahn designated 051;
    An amendment offered by Representative Gibbs designated 
013;
    An amendment offered by Representative Nolan designated 
043;
    Amendments offered by Representative Kirkpatrick considered 
en bloc and consisting of an amendment designated 023 and an 
amendment designated 024;
    An amendment offered by Representative Ribble designated 
020;
    An amendment offered by Representative Rice designated 028;
    An amendment offered by Representative Maloney designated 
025;
    An amendment offered by Representative Perry designated 
036;
    Amendments offered by Representative Frankel considered en 
bloc and consisting of an amendment designated 022, an 
amendment designated 023, and an amendment designated 024;
    Amendments offered by Representative Davis considered en 
bloc and consisting of an amendment designated 026, an 
amendment designated 028, and an amendment designated 033;
    An amendment offered by Representative Brownley designated 
032;
    An amendment offered by Representative Babin designated 
054;
    An amendment offered by Representative Hardy designated 
020;
    An amendment offered by Representative Costello designated 
013;
    An amendment offered by Representative Larsen designated 
031;
    An amendment offered by Representative Duncan designated 
025;
    An amendment offered by Representative Lipinski designated 
065;
    An amendment offered by Representative Barletta designated 
041;
    An amendment offered by Representative Edwards designated 
038;
    An amendment offered by Representative Farenthold 
designated 039;
    An amendment offered by Representative Gibbs designated 
011;
    An amendment offered by Representative Nolan designated 
044;
    An amendment offered by Representative Kirkpatrick 
designated 026;
    An amendment offered by Representative Maloney designated 
026;
    An amendment offered by Representative Rokita designated 
031;
    An amendment offered by Representative Babin designated 
057;
    Amendments offered by Representative Lipinski considered en 
bloc and consisting of an amendment designated 046 and an 
amendment designated 049;
    An amendment offered by Representative Edwards designated 
041;
    An amendment offered by Representative Rokita designated 
042;
    An amendment offered by Representative Perry designated 
038;
    An amendment offered by Representative Farenthold 
designated 040;
    An amendment offered by Representative Lipinski designated 
052;
    An amendment offered by Representative Farenthold 
designated 041;
    An amendment offered by Representative Ribble designated 
024;
    An amendment offered by Representative Edwards designated 
045;
    An amendment offered by Representative Garamendi designated 
063;
    An amendment offered by Representative Perry designated 
040;
    An amendment offered by Representative Crawford designated 
038;
    An amendment offered by Representative Barletta designated 
043;
    An amendment offered by Representative Massie designated 
034;
    An amendment offered by Representative Napolitano 
designated 016;
    An amendment offered by Representative Denham concerning 
federal preemption of state laws affecting motor carriers; and
    An amendment offered by Representative Mica designated 017.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During Committee consideration of H.R. 3763, 
record votes were taken on an amendment offered by 
Representative Garamendi designated 070, and an amendment 
offered by Representative Rokita designated 029. The Committee 
disposed of these amendments by record vote as follows:


                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirement of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives, the 
Committee reports that at this time it is not in the position 
to make a cost estimate for H.R. 3763, as amended, as the 
Congressional Budget Office has not timely submitted an 
estimate and comparison under section 402 of the Congressional 
Budget Act of 1974 to the Committee before the filing of the 
report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee 
reports that at this time it is not in the position to make a 
cost estimate for H.R. 3763, as amended, as the Congressional 
Budget Office has not timely submitted an estimate to the 
Committee before the filing of the report.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
improve our Nation's infrastructure, reform federal surface 
transportation programs, refocus those programs on addressing 
national priorities, and encourage innovation to make the 
surface transportation system safer and more efficient.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include 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. No 
provision in the H.R. 3763, as amended, includes an earmark, 
limited tax benefit, or limited tariff benefit under clause 
9(e), 9(f), or 9(g) of rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of H.R. 3763, as amended, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), 
the Committee estimates that enacting H.R. 3763 specifically 
directs the completion of specific rule makings within the 
meaning of section 551 of title 5, United States Code. Section 
1313 of the bill requires the Secretary of Transportation to 
carry out a rulemaking to implement section 330 of title 23, 
United States Code. Section 1315 requires the Secretary to 
carry out a rulemaking to implement a provision that expedites 
environmental reviews and permitting. Section 3022 requires the 
Secretary to carry out a rulemaking on transit operator safety. 
Section 5106 requires the Secretary to carry out a rulemaking 
to establish a new allocation formula for Motor Carrier Safety 
Assistance Grants. Section 5202 requires the Secretary to carry 
out rulemakings to update motor carrier regulations that are no 
longer consistent, clear, and uniformly enforced. Section 5203 
requires the Secretary to carry out rulemakings to update 
regulations to incorporate guidance issued by FMCSA. Section 
5302 requires the Secretary to modify regulations concerning 
the mounting of safety equipment on the windshield of a 
commercial motor vehicle. Section 5401 requires the Secretary 
to modify regulations concerning commercial driver's licenses 
for veterans. Section 5502 requires the Secretary, by 
regulation, to establish a process to collect data on delays 
experienced by commercial motor vehicle operators. Section 7007 
requires a rulemaking with regard to those entities that 
conduct third-party classification examinations, if regulatory 
changes are recommended by a GAO study of the matter. Section 
7010 requires the Secretary to carry out a rulemaking to 
require each tank car built to meet DOT-117 or DOT-117R 
specifications include a thermal blanket. Section 7011 requires 
the Secretary to issue regulations to require railroad carriers 
to create oil spill response plans. Finally, section 7012 
requires the Secretary to issue regulations to require railroad 
carriers to provide certain information on the transportation 
of high-hazard flammable materials to SERCs.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3763, as amended, 
includes provisions that would preempt state, local, or tribal 
law. Section 5513 prohibits states from enacting laws that 
impose a limitation of less than 80 feet on the length of a 
stinger steered automobile transporter operating on the NHS and 
certain other roads. Generally, state, local, and tribal 
requirements regarding transportation of hazardous materials 
are preempted if complying with those requirements and federal 
hazardous materials rules and regulations is not possible; the 
requirements are an obstacle to complying with other federal 
regulations; or where there are substantive differences in 
certain prescribed areas. However, state and local governments 
and Indian tribes are authorized to apply for waivers of 
preemption. Section 7010 requires that tank cars built to the 
DOT-117 specification include thermal blankets. Section 7011 
requires railroad carriers to develop oil spill response plans 
for the transportation of class 3 flammable liquids, and DOT's 
preemption would apply under section 5125 of title 49, United 
States Code. However, such preemption decisions can be made on 
a case-by-case basis through a waiver request or upon 
determination by the Secretary. Section 7012 requires that 
railroad carriers notify SERCs of the certain information on 
high-hazard flammable trains. Section 7015 requires that all 
tank cars carrying Class 3 flammable liquids be required to 
meet the DOT-117 or DOT-117R tank car specifications.

                      Advisory Committee Statement

    Section 1429 of H.R. 3763, as amended, establishes an 
advisory committee within the meaning of section 5(b) of the 
Federal Advisory Committee Act (FACA) (5 U.S.C. app.). Sections 
5106, 5504, and 5505 of this legislation establish temporary 
working groups that meet the definition of an advisory 
committee under section 3 of the Federal Advisory Committee 
Act. Pursuant to section 5 of the Federal Advisory Committee 
Act, the Committee determines that the functions of the 
advisory committee and the working groups are not being carried 
out by existing agencies or advisory commissions. The Committee 
also determines that the advisory committee and the working 
groups have a clearly defined purpose, fairly balanced 
membership, and meet all of the other requirements of section 
5(b) of the Federal Advisory Committee Act.

                  Applicability of Legislative Branch

    The Committee finds that H.R. 3763, as amended, does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation

    TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A --Authorizations and Programs


Section 1101. Authorization of appropriations

    This section authorizes funds for the Federal-Aid Highway 
Program, Nationally Significant Freight and Highway Projects, 
Transportation Infrastructure Finance and Innovation Program 
(TIFIA), Tribal Transportation Program, Federal Lands 
Transportation Program, Federal Lands Access Program, 
Territorial and Puerto Rico Highway Program, and the 
Disadvantaged Business Enterprise Program through fiscal year 
2021 at levels consistent with the Congressional Budget 
Office's (CBO) baseline projections for the Highway Trust Fund.

Section 1102. Obligation ceiling

    This section provides the obligation limitations for the 
federal-aid highway and highway safety construction programs. 
The section retains MAP-21 provisions governing the 
distribution of obligation authority and the redistribution of 
unused obligation authority.

Section 1103. Definitions

    This section makes conforming changes to definitions 
applicable under title 23, United States Code.

Section 1104. Apportionment

    This section allocates apportioned funds among the National 
Highway Performance Program (NHPP), Surface Transportation 
Block Grant Program (STBGP), Highway Safety Improvement Program 
(HSIP), the Congestion Mitigation and Air Quality Improvement 
Program (CMAQ), and Metropolitan Planning. The section 
generally retains MAP-21's apportionment formulas, but adds to 
each state's base apportionment supplemental funds for NHPP and 
STBGP. The section also provides for the apportionment of funds 
among the states, retaining provisions that ensure that each 
state's combined apportionments are not less than 95 percent of 
the state's estimated tax payments into the Highway Trust Fund 
(other than the Mass Transit Account). Finally, this section 
authorizes appropriations out of the Highway Trust Fund (other 
than the Mass Transit Account) for administrative expenses for 
the FHWA.

Section 1105. National Highway Performance Program

    This section allows states to use NHPP funds to pay the 
subsidy and administrative costs associated with providing 
TIFIA credit assistance. The section also allows NHPP funds to 
be used for bridge projects located off the NHS, but on a 
Federal-aid highway.

Section 1106. Surface Transportation Block Grant Program

    This section converts the Surface Transportation Program to 
a block grant program, the Surface Transportation Block Grant 
Program (STBGP), providing states significant flexibility in 
how these funds may be obligated. The section also phases in an 
increase in the percentage of STBGP funds suballocated based on 
population from 50 percent to 55 percent between fiscal years 
2016 and 2020. This section also folds the Transportation 
Alternatives Program (TAP) into the STBGP program, holds TAP 
funding flat at $819.9 million for fiscal years 2016 through 
2021, and suballocates 50 percent of TAP funding based on 
population and 50 percent to any area of the state. Finally, 
this section allows 50 percent of TAP funds suballocated to 
areas with a population greater than 200,000 to be used for any 
project eligible for funding under STBGP.

Section 1107. Railway-highway grade crossings.

    This section increases the set-aside from the HSIP for 
railway-highway grade crossings to address fatalities and 
hazards at public grade crossings.

Section 1108. Highway Safety Improvement Program

    This section reestablishes a focus on using federal funds 
for roadway safety infrastructure. It also adds eligible 
activities which include: installation of vehicle-to-
infrastructure equipment, pedestrian hybrid beacons, and 
roadway improvements that provide separation between 
pedestrians and motor vehicles. This section removes a 
requirement which required states to collect data on all public 
roads including unpaved and gravel roads. This section modifies 
a special rule for high risk rural roads by stating that if a 
state is above the two-year median fatality rate for rural 
roads among all states, then a state is required to identify 
strategies to address fatality reductions and achieve safety 
improvements on high risk rural roads in their State Strategic 
Highway Safety Plan. Lastly, it includes a provision which 
surveys states to determine best practices in preventing 
roadway crashes that involve commercial motor vehicles.

Section 1109. Congestion Mitigation and Air Quality Improvement Program

    This section adds the installation of vehicle-to-
infrastructure equipment to the list of eligible activities. 
Also, this section gives certain states the flexibility to 
undertake CMAQ or STBGP-eligible projects with CMAQ funds in 
order to help prevent areas within the state from going into 
nonattainment. In addition, it clarifies states shall give 
priority to projects that are proven to reduce direct emissions 
of PM2.5.

Section 1110. National Highway Freight policy

    This section modifies the National Highway Freight Network 
(Network) to consist of: (1) the Interstate System; (2) non-
Interstate highway segments on the comprehensive 41,000-mile 
network developed by the USDOT; and (3) up to an additional 10 
percent of highway mileage in each state as designated by the 
state. The Network will be updated every five years to take 
into account gaps in the Network, needed connections to other 
modes of transportation, and critical emerging freight 
corridors and critical emerging commerce corridors.
    The Committee is aware that the USDOT is considering 
enlarging the 41,000-mile network to approximately 65,000 miles 
of interconnected highways as part of its initiative to develop 
a multimodal freight network. However, the larger network is 
still under internal review and a finalized network has not 
been released to the public.

Section 1111. Nationally significant freight and highway projects

    This section establishes a competitive grant program to 
fund nationally significant: (1) freight projects on the 
Network; (2) highway and bridge projects on the NHS; (3) 
freight rail or freight intermodal projects carried out on the 
National Multimodal Freight Network; and (4) railway-highway 
grade crossing or grade separation projects. For a project in a 
single state, projects will be required to have a project cost 
equal to or exceeding the lesser of $100 million or 30 percent 
of a state's apportioned funds for the most recent fiscal year. 
Multi-state projects will be required to have a project cost 
equal to or exceeding the lesser of $100 million or 50 percent 
of the apportioned funds of the participating state with the 
largest apportionment in the most recent fiscal year. Not more 
than $500 million from fiscal year 2016 through 2021 may be 
used for freight rail or freight intermodal projects and the 
projects need to demonstrate a significant improvement to 
freight movements on the NHS and the federal share of the 
projects may only fund elements of the projects that provide 
public benefits. This limitation will not apply to a grade 
crossing or grade separation project and for a multimodal 
project, will only apply to the non-highway portion of the 
project.
    Not less than 10 percent of the funds made available are 
reserved to make grants of $5,000,000 or more for smaller 
highway freight projects. Not less than 20 percent of the funds 
made available (including funds for smaller highway freight 
projects) are reserved for projects in rural areas. The maximum 
federal share under the program is 50 percent of project costs. 
States may use their apportioned funds to meet the non-federal 
contribution, but total federal funds may not exceed 80 percent 
of project costs. The Secretary may allow grants to be used to 
fund the subsidy and administrative costs of TIFIA credit 
assistance. Finally, the section gives Congress 60 days to 
disapprove of a proposed grant by enacting a joint resolution.
    The new program will provide funding for large-scale 
freight highway projects that are difficult for states to fund 
from their annual apportionments as well as smaller highway 
freight projects. The Committee intends for a wide-range of 
freight projects to be eligible, including the elimination of 
bottlenecks, intermodal connections, and truck-only lanes.

Section 1112. Territorial and Puerto Rico Highway Program

    This section increases the annual authorization for the 
Puerto Rico Highway Program and for the Territorial Highway 
Program.

Section 1113. Federal Lands and Tribal Transportation Program

    This section requires tribes to submit to the Secretary and 
the Secretary of the Interior data on project names, 
descriptions, current status, and estimated number of jobs 
created under the tribal transportation program.

Section 1114. Tribal Transportation Program

    This section reduces the funding for FHWA program 
management and project-related administrative expenses from six 
percent to five percent.

Section 1115. Federal Lands Transportation Program

    This section adds the Bureau of Reclamation and independent 
federal agencies with natural resource and land management 
responsibilities as recipients of funding from the Federal 
Lands Transportation Program.
    MAP-21 eliminated the Transit in the Parks program, 
removing a dedicated stream of funding for public 
transportation in parks. The Committee encourages the National 
Park Service to pay particular attention to the impact of 
vehicle congestion on local roads near national parks, and to 
utilize all available strategies to manage and mitigate 
congestion in such parks.

Section 1116. Tribal Transportation Self-Governance Program

    This section establishes a Tribal Transportation Self-
Governance Program at the USDOT. The Secretary determines 
eligibility after reviewing a tribe's financial stability, 
financial management capacity, and transportation program 
management capability from the three preceding fiscal years. If 
eligible, the Secretary and the tribe are required to negotiate 
and enter into a written compact, which would outline the terms 
of the relationship between the tribe and USDOT. The Secretary 
is required to negotiate and enter into a written annual 
funding agreement with a tribe after entering into a compact. 
The annual funding agreement would allow a tribe to receive and 
administer full formula funding and any competitive grants from 
the USDOT programs that are available to tribes.

Section 1117. Emergency relief

    This section allows debris removal on federal lands to be 
eligible under the Emergency Relief Program.

Section 1118. Highway use tax evasion projects

    This section continues a program to combat highway use tax 
evasion and requires the Internal Revenue Service to submit its 
annual report on its efforts to prevent tax evasion to the 
House Transportation and Infrastructure Committee and the 
Senate Environment and Public Works Committee.

Section 1119. Bundling of bridge projects

    This section allows a state to bundle two or more similar 
bridge projects to save time and reduce costs if the bridge 
projects are eligible under NHPP or STBGP, are included as a 
bundled project in a metropolitan or statewide transportation 
improvement plan (TIP), and are awarded to a single contractor 
or consultant.

Section 1120. Tribal High Priority Projects Program

    This section reauthorizes the Tribal High Priority Projects 
Program.

Section 1121. Construction of ferry boats and ferry terminal facilities

    This section reauthorizes the program for the construction 
of ferry boats and ferry terminal facilities.

            Subtitle B--Planning and Performance Management


Section 1201. Metropolitan transportation planning

    This section adds ``intermodal facilities that support 
intercity transportation, including intercity buses and 
intercity bus facilities'' to the types of transportation 
systems and facilities to be addressed in the plans and TIPs 
developed by metropolitan planning organizations (MPOs). The 
section also clarifies that a representative of a provider of 
public transportation may also serve as a representative of a 
local municipality and will have the same responsibilities, 
voting rights and other authorities as other officials serving 
on the MPO. The section adds tourism and natural disaster risk 
reduction to the types of planning activities affected by 
transportation that MPOs are encouraged to coordinate with 
other officials during the planning process. The section also 
adds improving the resilience and reliability of the 
transportation system to the list of projects and strategies to 
be considered in the planning process. The section adds public 
ports, intercity bus operators, and transit-related groups to 
the list of interested parties to be provided an opportunity to 
comment on the transportation plan. An MPO serving a 
transportation management area may develop a congestion 
management plan that includes projects and strategies that will 
be considered in the TIP.

Section 1202. Statewide and nonmetropolitan transportation planning

    The section makes conforming and technical corrections to 
the statewide and nonmetropolitan planning process under 
section 135 of title 23, United States Code, and makes many of 
the changes made to metropolitan planning under section 1201 to 
statewide planning.

              Subtitle C--Acceleration of Project Delivery


Section 1301. Satisfaction of requirements for certain historic sites

    This section aligns, to the maximum extent practicable, 
Section 4(f) of the 1966 Department of Transportation Act and 
Section 106 of the National Historic Preservation Act processes 
to achieve efficiency in reviews for historic sites while 
continuing to provide important protection for cultural 
resources, including mitigating potential impacts.

Section 1302. Treatment of improvements to rail and transit under 
        preservation requirements

    This section provides that improvements to, or the 
maintenance, rehabilitation, or operation of railroad or rail 
transit lines that are in use or were historically used for the 
transportation of passengers or cargo will not be considered a 
use of a historic site under Section 4(f), with the exception 
of stations, and bridges and tunnels located on railroad lines 
that have been abandoned or transit lines that are not in use.

Section 1303. Clarification of transportation environmental authorities

    This section supports the wide-spread practice of referring 
to two provisions of transportation law (49 USC 303 and 23 USC 
138) by a reference to Section 4(f) of the 1966 Department of 
Transportation Act, which was repealed long ago. The section 
amends sections 303 and 138 to include a reference to clarify 
that these sections may also be referred to as Section 4(f) 
within the transportation law community.

Section 1304. Treatment of certain bridges under preservation 
        requirements

    This section exempts a category of ordinary concrete and 
steel bridges constructed after 1945 from Section 4(f) review.
    In 2012, the Advisory Council on Historic Preservation 
(ACHP) issued a Program Comment with respect to certain common 
bridges and culverts constructed of steel or concrete after 
1945 to relieve all federal agencies from the requirement to 
undertake a case-by-case review of the effects of projects 
under Section 106 of the National Historic Preservation Act. 
FHWA estimates that the action could exempt almost 200,000 
bridges and culverts from individual reviews and save taxpayers 
$78 million over the next 10 years.

Section 1305. Efficient environmental reviews for project 
        decisionmaking

    This section makes a number of changes to accelerate the 
environmental review and permitting process. Specifically, this 
section modifies the definition of ``multimodal project'' to 
include all USDOT modes; clarifies that either the USDOT or a 
USDOT modal administration may be the lead agency for purposes 
of NEPA review; and requires the lead agency to invite other 
federal and non-federal agencies to participate in the NEPA 
process within 45 days after the publication of a Notice of 
Intent to prepare an Environmental Impact Statement (EIS) or 
the initiation of an Environmental Assessment (EA).
    This section also requires, to the maximum extent 
practicable, and consistent with current law, the development 
of a single NEPA document that will be sufficient for any 
federal approval or other federal action required for the 
project by any federal agency. Further, it requires that 
participating agencies limit their comments with respect to the 
range of alternatives to subject matter areas within the 
agency's area of expertise or jurisdiction, and give 
substantial deference to the range of alternatives recommended 
by the lead agency and requires a participating agency that 
declines to participate in the development of the purpose and 
need and range of alternatives to still comply with the 
schedule for completing environmental review required under 
subsection 139(g). It also requires the lead agency to develop 
a project checklist to help sponsors identify potential 
natural, cultural, and historic resources in the area of the 
project.
    Additionally, this section requires the lead agency to 
establish the plan for coordinating public and agency 
participation in the environmental review process within 90 
days after the publication of a notice to prepare an EIS or the 
initiation of an EA; makes the development of a schedule for 
the completion of the environmental process mandatory; modifies 
the process for elevating outstanding issues by making the 
Council on Environmental Quality (CEQ), rather than the 
President, the highest level of referral; and expands, to all 
public entities receiving federal assistance from USDOT, the 
authority to use federal dollars to fund positions at federal, 
state or local agencies that participate in the environmental 
review process. Funds may be used to support activities that 
directly and meaningfully contribute to expediting and 
improving permitting and review processes, including planning, 
approval and consultation processes.

Section 1306. Improving transparency in environmental reviews

    This section requires the Secretary to maintain an online 
platform to report project level status of the reviews, 
approvals, and permits required for compliance with NEPA, or 
any other federal, state, or local approval required for the 
project, including information on projects for which the NEPA 
process has been delegated to a state.

Section 1307. Integration of planning and environmental review

    The section further coordinates the environmental review 
process by strengthening the linkages between transportation 
planning and environmental review. This section changes the 
definition of ``environmental review process ''to refer both to 
NEPA and other required permits and approvals by other federal 
agencies. The modification is consistent with the intent of the 
MAP-21, which allows planning products to be incorporated in 
environmental reviews by other Federal agencies.
    The section eliminates the requirement that a planning 
product must be approved by the state, all local and tribal 
governments, and any relevant MPO. This section also modifies, 
but maintains, the requirement that any planning product 
intended to be later incorporated into the environmental review 
process must first be noticed to the public, made publicly 
available for comment by federal, state, local, and tribal 
governments, and the general public for such purposes, and any 
comments received on such product must be considered by the 
lead agency. A planning product may be incorporated into the 
environmental review process to the extent that it is 
appropriate for adoption and use, and is sufficient to meet the 
requirements of federal law, including NEPA.
    As the USDOT noted in its Notice of Proposed Rulemaking to 
implement this section of MAP-21, the approval requirement is a 
departure from current practice since approval is typically 
reserved for the overall plan and not required for the 
underlying analyses and studies that support the plan. MAP-21 
did not intend to make the former regulatory process more 
difficult or cumbersome, and the proposed change will help 
ensure that planning products can be more easily adopted.
    The section also makes explicit that planning products that 
may be adopted for environmental reviews include the project's 
purpose and need, and the preliminary screening of alternatives 
and elimination of unreasonable alternatives. The modifications 
explicitly references programmatic mitigation plans, the 
development of which was encouraged by MAP-21.

Section 1308. Development of programmatic mitigation plans

    This section requires federal agencies to give substantial 
weight to programmatic mitigation plans developed by states and 
MPOs to address the potential environmental impacts of future 
transportation projects.
    MAP-21 encouraged states and MPOs to develop programmatic 
mitigation plans because such plans may be able to accelerate 
the environmental review process through early identification 
of potential environmental impacts and mitigation 
opportunities. However, MAP-21 made the use of such plans by 
federal agencies discretionary rather than mandatory. Without 
an assurance that the mitigation plans will be considered, 
states and MPOs may be reluctant to devote the time and 
resources to develop the plans.

Section 1309. Delegation of authorities

    This section directs the Secretary to use existing 
authority, to the maximum extent practicable, to delegate 
responsibility to a state for project designs, plans, 
specifications, estimates, contract awards, and inspections, on 
both a project-specific and programmatic basis. Within 18 
months following enactment, the Secretary, in cooperation with 
the states, is directed to submit recommendations for 
legislation needed to permit delegation of additional 
authorities to the states.

Section 1310. Categorical exclusion for projects of limited federal 
        assistance

    This section provides for an inflationary adjustment to the 
categorical exclusion for projects with limited federal 
assistance, and applies the adjustment retroactively.

Section 1311. Application of categorical exclusions for multimodal 
        projects

    This section expands the applicability of categorical 
exclusions to all USDOT projects, rather than only those funded 
under title 23 or chapter 53 of title 49, United States Code. 
The section eliminates the requirement that a multimodal 
project be funded under a single grant agreement in order for a 
lead authority to use the categorical exclusion of another 
agency. The section also strikes the current requirement that 
the component of the multimodal project to be covered by the 
categorical exclusions has independent utility.

Section 1312. Surface transportation project delivery program

    This section clarifies that a state with NEPA assignment 
authority does not require further approval from the Secretary 
to carry out the responsibilities that have been assumed by the 
state pursuant to an agreement with the USDOT.
    The section also amends current audit requirements to 
require annual audits for each of the first four years a state 
has assignment authority, rather than semiannual audits during 
the first two years and annual audits in the third and fourth 
year. Additionally, states are to be consulted about the makeup 
of the audit team.
    None of the amendments made by the section are intended to 
affect the authority of the U.S. Department of Justice related 
to an approved state's implementation of NEPA that existed 
prior to the enactment of this Act.

Section 1313. Program for eliminating duplication of environmental 
        reviews

    This section establishes a pilot program to permit up to 
five states to apply state environmental laws and regulations 
instead of NEPA if USDOT and the Council on Environmental 
Quality (CEQ) determine that such state laws and regulations 
are substantially equivalent to NEPA. This section encourages 
other federal agencies, with authority over a project, to use 
documents produced by a state under the pilot program. A state 
participating in the program will be allowed to exercise its 
authority on behalf of up to 10 local governments. This section 
also requires the Secretary, in consultation with CEQ, to 
review state programs approved under this section, and 
authorizes the extension of this authority for an additional 
five years, or the termination of the authority.

Section 1314. Assessment of progress on accelerating project delivery

    This section requires the GAO to conduct an assessment of 
the progress made by provisions in this bill, MAP-21 and Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy For Users (SAFETEA-LU) in accelerating the environmental 
review and permitting process; make recommendations for further 
streamlining without negatively impacting the environment; and 
submit a report to the House Transportation and Infrastructure 
Committee and the Senate Environment and Public Works 
Committee.

Section 1315. Improving state and federal agency engagement in 
        environmental reviews

    This section allows public entities that receive federal 
funds from USDOT for any project for a public purpose to use 
federal dollars to fund positions at federal, state or local 
agencies that participate in the environmental review process. 
Funds may be used to support activities that directly and 
meaningfully contribute to expediting and improving permitting 
and review processes, including planning, approval and 
consultation processes.

Section 1316. Accelerated decisionmaking in environmental reviews

    This section amends title 49, United States Code, to 
require, to the maximum extent practicable, that an EIS and 
Record of Decision be developed as a single document unless the 
final EIS makes substantial changes to the proposed action or 
there is significant new information or circumstances relevant 
to environmental concerns that bear on the proposed action or 
impacts of the proposed action. The section also allows an 
operating administration within USDOT to adopt or incorporate 
by reference a draft EIS, EA, or final EIS of another operating 
administration if both operating administrations agree the 
actions being taken are substantially the same, and such 
actions are consistent with the requirements of NEPA.

Section 1317. Aligning federal environmental reviews

    This section requires USDOT, working with the heads of 
other federal agencies involved in the reviewing transportation 
projects, to develop a coordinated and concurrent environmental 
review and permitting process within one year after the date of 
enactment. The section also requires the development of a 
checklist to identify potential natural, cultural, and historic 
sites that may be affected by a proposed project.

                       Subtitle D--Miscellaneous


Section 1401. Tolling; HOV facilities; interstate reconstruction and 
        rehabilitation.

    This section modifies section 129 of title 23, United 
States Code, to more clearly carry out the intent of MAP-21, 
and amends section 166 of title 23, United States Code, to 
specify that any public authority that allows public 
transportation vehicles to use HOV facilities must provide 
equal access for all public transportation vehicles and over-
the-road buses. The section also provides that a public 
authority may designate classes of vehicles that are exempt 
from tolls on HOV lanes, or charge different toll rates for 
different classes of vehicles if equal rates are charged for 
all public transportation vehicles and over-the-road buses. 
Additionally, the section extends the authority of states to 
allow low emission and energy-efficient vehicles to use HOV 
lanes through fiscal year 2021.
    The section amends the Interstate System Reconstruction and 
Rehabilitation Pilot Program to require that a state wishing to 
participate in the pilot program have approved enabling 
legislation necessary for the project to proceed. A state's 
application will now expire three years after the date on which 
the application was provisionally approved if the state has not 
submitted a complete application to USDOT, completed the NEPA 
process, and executed a toll agreement with the Secretary. The 
Secretary may extend an approval for an additional year if the 
state demonstrates progress toward the requirements. States 
that currently have slots reserved under the pilot program will 
have one year to meet this section's new requirements. The 
section also allows the Secretary to approve an application for 
the Interstate System Construction Toll Pilot Program under 
certain circumstances.

Section 1402. Prohibition on the use of funds for automated traffic 
        enforcement

    This section prohibits the use of Federal-aid highway funds 
for automated traffic enforcement

Section 1403. Minimum penalties for repeat offenders for driving while 
        intoxicated or driving under the influence.

    This section clarifies that state drunk driving repeat 
offender laws may include an exception from the requirement to 
install an ignition interlock device on employer-owned 
vehicles.

Section 1404. Highway trust fund transparency and accountability

    This section modifies the information to be included in the 
annual report to Congress on the use of Federal-aid highway 
funds and requires the report to be published semi-annually on 
the USDOT website. Additionally, the provision reinforces the 
requirement for the submission of project-level information by 
directing the Secretary to publish an annual report on its 
website that provides basic project-level information on all 
projects administered by the FHWA, and additional information 
on projects with a construction cost of more than $100 million.
    The Committee is disappointed that the FHWA has made little 
progress since MAP-21's enactment in developing and making 
publicly available project-level information. The Committee 
expects the FHWA to implement these transparency provisions 
expeditiously.

Section 1405. High priority corridors on national highway system

    This section modifies highway priority corridors under 
Section 1105 of the Intermodal Surface Transportation 
Efficiency Act of 1991.

Section 1406. Flexibility for projects

    This section provides that for projects eligible for 
funding under title 23, United States Code, the Secretary, 
following a request by a state, may use existing authorities to 
provide additional flexibility or expedited processing.

Section 1407. Productive and timely expenditure of funds

    This section requires the Secretary to develop guidance 
that encourages the use of programmatic approaches to project 
delivery, expedited and prudent procurement techniques, and 
other best practices to facilitate the timely and productive 
expenditure of funds for projects under title 23, United States 
Code. The Secretary is to ensure the guidance is consistently 
implemented by the states and FHWA.

Section 1408. Consolidation of programs

    This section reauthorizes funding for safety-related 
clearinghouses, including Operation Lifesaver, and funds the 
clearinghouses from a set-aside under HSIP.

Section 1409. Federal share payable

    This section adds ``engineering or design approaches'' to 
the types of innovative project delivery methods that qualify a 
project to receive up to 100 percent federal share.

Section 1410. Elimination or modification of certain reporting 
        requirements

    The section eliminates two obsolete reporting requirements.

Section 1411. Technical corrections

    This section makes technical corrections to title 23, MAP-
21, and SAFETEA-LU.

Section 1412. Safety for users

    This section encourages each state to adopt design 
standards for surface transportation projects that accommodate 
all motorized and non-motorized users. Within two years after 
the date of enactment, the Secretary is required to catalogue 
examples of state laws or transportation policies that provide 
for the accommodation of all users and disseminate examples of 
best practices.

Section 1413. Design standards

    This section modifies what the Secretary must take into 
account when developing design standards for the NHS. It also 
gives a state the discretion to allow a local jurisdiction to 
use a different roadway design publication if certain criteria 
are met.

Section 1414. Reserve fund

    This section clarifies that funds authorized for fiscal 
years 2019 through 2021 are only available if there is a 
subsequent act of Congress. This section also establishes a 
calculation to adjust the spending levels in the bill if 
receipts to the Highway Trust Fund are different from those 
estimated at the time of enactment.

Section 1415. Adjustments

    This section rescinds unobligated balances of contract 
authority.

Section 1416. National electric vehicle charging, hydrogen, and natural 
        gas fueling corridors

    This section requires the Secretary to designate electric 
vehicle charging, hydrogen, and natural gas fueling corridors 
across the Nation to identify the needs and most vital 
locations for such fueling and charging infrastructure. The 
corridors will be updated and redesignated every five years.

Section 1417. Ferries

    This section requires the Secretary to redistribute 
unobligated amounts of funding for the construction of ferry 
boats and ferry terminal facilities following the third fiscal 
year.

Section 1418. Study on performance of bridges

    This section requires the Secretary to commission a study 
on the performance of bridges that are at least 15 years old 
and received funding under the Innovative Bridge Research and 
Construction Program. The study is to be completed within three 
years of the date of enactment.

Section 1419. Relinquishment of park-and-ride lot facilities

    This section allows a state transportation agency to 
transfer park-and-ride lot facilities to a local government 
agency if rights-of-way on the Interstate System remain 
available for future highway improvements and modifications to 
the facilities that could impart the free flow of traffic 
remain subject to the approval of the Secretary.

Section 1420. Pilot program

    This section allows the Secretary to establish a pilot 
program to allow a state to use innovative approaches to 
maintain the right-of-way on federal-aid highways in the state.

Section 1421. Innovative project delivery examples

    This section clarifies that projects using innovative 
pavement technologies that have a demonstrated long lifecycle 
and are manufactured in a low greenhouse gas producing manner 
are eligible for a higher federal share.

Section 1422. Administrative provisions to encourage pollinator habitat 
        and forage on transportation rights-of-way

    This section adds a provision to encourage pollinator 
habitat and forage on transportation rights-of-way.

Section 1423. Milk products

    This section adds fluid milk products, including bulk raw 
milk to the list of non-divisible loads, which authorizes 
states to issue permits to overweight vehicles carrying such 
products.

Section 1424. Interstate weight limits for emergency vehicles

    This section establishes federal weight limits for 
emergency vehicles in excess of limits imposed on commercial 
motor vehicles.

Section 1425. Vehicle weight limitations--interstate system

    This section exempts commercial tow trucks from federal 
weight limits during the time such trucks tow disabled vehicles 
to a repair facility.

Section 1426. New national goal, performance measure, and performance 
        target

    This section establishes a national goal of improving road 
conditions in economically-distressed urban communities and 
increasing access to jobs, markets, and economic opportunities. 
The Secretary is to establish measures and the states are to 
establish targets to implement the new goal.

Section 1427. Service club, charitable association, or religious 
        service signs

    This section provides states the option of grandfathering 
existing service club, charitable association, or religious 
service signs with a size of 32 square feet or less.

Section 1428. Work zone and guard rail safety training

    This section makes courses on guard rail installation, 
maintenance, and repair eligible for existing work zone safety 
training grants.

Section 1429. Motorcyclist advisory council

    This section establishes a council to advise the 
Administrator of the FHWA on infrastructure issues of concern 
to motorcyclists.

Section 1430. Highway work zones

    This section expresses the sense of the House of 
Representatives that the FHWA should do everything in its power 
to protect workers in highway work zones and finalize 
regulations on work zone safety.

                  Title II--INNOVATIVE PROJECT FINANCE


Section 2001. Transportation Infrastructure Financing and Innovation 
        Act of 1998 amendments

    This section makes changes to the TIFIA program, such as 
modifying the definition of a master credit agreement and a 
rural infrastructure project, establishing an eligible project 
cost for a local project, and providing federal funding for 
administrative expenses. This section also limits when the 
Secretary can redistribute unobligated and uncommitted amounts 
of funding for the TIFIA program.

Section 2002. State Infrastructure Bank Program

    This section reauthorizes the State Infrastructure Bank 
Program for fiscal years 2016 through 2021.

Section 2003. Availability payment concession model

    This section codifies an existing FHWA practice of allowing 
costs related to highway projects delivered by a public-private 
partnership that uses an advance construction authorization 
(23, USC, 115) coupled with the availability payment concession 
model to be eligible for Federal-aid reimbursement.

                    TITLE III--PUBLIC TRANSPORTATION


Section 3001. Short title

    This section titles the bill, the ``Federal Public 
Transportation Act of 2015.''

Section 3002. Definitions

    This section adds definitions for the terms ``value 
capture'' and ``base-model bus''.

Section 3003. Metropolitan and statewide transportation planning

    This section provides for the consideration of intermodal 
facilities that support intercity transportation, including 
intercity buses and bus facilities, in long-range 
transportation plans and transportation improvement programs. 
This section also clarifies that a representative of a provider 
of public transportation may also serve as a representative of 
a local municipality and will have the same responsibilities, 
voting rights and other authorities as other officials serving 
on the MPO. This section acknowledges the role of intercity bus 
operators and employer-based commuting programs to reduce 
congestion. Lastly, this section enables transportation 
management areas to develop a congestion management plan that 
will identify activities that will reduce commute-related 
congestion.

Section 3004. Urbanized area formula grants

    This section defines the term ``recipient'' and clarifies 
eligibility requirements by adding general public demand 
response under this section. It also provides an exception to 
the special rule to promote greater local decision-making and 
reduces the amount of mandated transit funds that must be spent 
on transit enhancements. The Committee recognizes the 
importance of public notification of the elimination of bus 
routes, and believes the Federal Transit Administration (FTA) 
should, to the greatest extent practicable, ensure public 
transportation agencies are notifying riders and the public in 
advance of the elimination of bus routes.

Section 3005. Fixed guideway capital investment grants

    This section provides Small Starts applicants with an 
optional early rating. It clarifies the process for the 
advancement of a program of interrelated projects. This section 
also sets the grants for a New Starts projects at 50 percent 
and grants for Core Capacity and Small Starts projects at 80 
percent of the net capital projects costs. Lastly, this section 
reforms the cost-effectiveness calculation to ensure that the 
cost of art and landscaping are included.

Section 3006. Formula grants for the enhanced mobility of seniors and 
        individuals with disabilities

    This section directs the Secretary to promote best 
practices for innovative approaches that have proven to improve 
mobility for seniors and individuals with disabilities.

Section 3007. Formula grants for rural areas

    This section provides greater flexibility to states for 
their share of the project costs and to partner with intercity 
bus providers to support greater rural mobility.

Section 3008. Public transportation innovation

    This section consolidates FTA research programs. This 
section allows for consortia to apply for zero emission 
deployment grants in order to support the use of clean air 
buses. It also requires that annual reports on research be 
accessible to the public.

Section 3009. Technical assistance and workforce development

    This section consolidates the technical assistance and 
workforce development activities of the FTA. This section 
expands the activities that FTA can provide technical 
assistance to include meeting domestic content requirements and 
assisting with the development and deployment of zero emission 
technologies. It expands the focus of training to veterans and 
adds new eligibility for FTA to facilitate best practices for 
transit systems to protect drivers from driver assault. This 
section includes grants to address human resources needs, 
frontline workforce development, and reauthorizes the National 
Transit Institute.

Section 3010. Bicycle facilities

    This section reduces the federal share for a project 
related to connecting bicycles with public transportation.

Section 3011. General provisions

    This section prohibits the use of federal funds to pay for 
the incremental cost of incorporating art or landscaping into 
facilities. This section provides an increased federal share 
for the acquisition of a base-model bus. It also gradually 
increases Buy America domestic content in federally-funded 
rolling stock purchases. In carrying out this section, the 
Committee reminds FTA that, under current law, it has authority 
to conduct audits of domestic content certifications. This 
section allows recipients to use value capture as a local 
share. Finally, this section ensures compliance with federal 
competitiveness regulations.

Section 3012. Public transportation safety program

    This section amends the National Public Transportation 
Safety Plan to include minimum safety standards that take into 
account recommendations from the NTSB, best practices developed 
by the industry, and any minimum standard or criteria developed 
by the public transportation industry. Additionally, this 
section provides the Secretary with the authority to assume 
oversight activities when certain public transportation systems 
have demonstrated that they are incapable of doing so. In 
carrying out this section, the Committee expects the Secretary 
and Federal Transit Administration to utilize all institutional 
knowledge at USDOT, including the Federal Railroad 
Administration, to expedite direct federal safety oversight of 
a rail fixed guideway system and avoid duplication. This 
section clarifies that safety enforcement actions are taken 
with respect to the recipient, not the state, and that the 
Secretary may withhold funds under this chapter when all other 
options fail to bring the recipient into compliance with safety 
requirements.

Section 3013. Apportionments

    This section makes a technical correction to apportionments 
and repeals the current period of availability, makes other 
technical changes, and increases the set aside from the small 
transit intensive communities program for fiscal years 2019 
through 2021.

Section 3014. State of good repair grants

    This section clarifies definitions and provides flexibility 
for recipients under this section to use the funds to meet 
their state of good repair needs.

Section 3015. Authorizations

    This section authorizes the programs under this title. It 
also establishes a uniform period of availability.

Section 3016. Bus and bus facility grants

    This section provides capital funds for buses and bus 
related facilities. It continues the formula funds that provide 
consistent investment. This section also provides two 
additional components to address the bus state of good repair. 
It provides flexibility for grants to be pooled, allowing for 
large scale procurements and major bus facility projects. 
Lastly, this section funds a competitive grant component to 
update aged and inefficient fleets.

Section 3017. Obligation ceiling

    This section establishes the annual obligation limitations 
for federal transit programs.

Section 3018. Innovative procurement

    This section allows for the use of cooperative procurement 
to support cost-effective rolling stock purchases. It also 
establishes a joint procurement clearinghouse to allow for 
recipients to aggregate planned rolling stock purchases and 
identify joint procurement participants.

Section 3019. Review of public transportation safety standards

    This section requires the Secretary to commence a review of 
safety standards and protocols in order to evaluate the need to 
establish federal minimum safety standards for public 
transportation. This section requires the Secretary to publish 
the review, evaluation, recommendations (including statutory 
changes) and actions the Secretary will take.

Section 3020. Study on evidentiary protection for public transportation 
        safety program information

    This section requires the GAO to complete a study on the 
evidentiary protection of safety information required under 
section 5329 of chapter 53 of title 49, United States Code.

Section 3021. Mobility of seniors and individuals with disabilities

    This section provides for the coordination of public 
transportation services with other federally-assisted local 
transportation services. This provision encourages the 
Interagency Transportation Coordination Council on Access and 
Mobility to publish a strategic plan to implement coordination 
recommendations and develop a cost-sharing policy.

Section 3022. Improved transit safety measures

    This section requires the Secretary to undertake a 
rulemaking to protect transit operators from assaults.

Section 3023. Paratransit system under FTA approved coordinated plan

    This section allows paratransit systems currently 
coordinating complementary services to continue to use 
coordinated fare systems.

                        TITLE IV--HIGHWAY SAFETY


Section 4001. Authorization of appropriations

    This section authorizes funds through fiscal year 2021 for 
the highway safety programs and administrative expenses of the 
NHTSA at levels consistent with the CBO's baseline projections 
for the Highway Trust Fund.

Section 4002. Highway Safety Programs

    This section encourages states to adopt programs to 
increase driver awareness of commercial motor vehicles (CMV) 
and how to operate safely around CMVs. It also makes data 
available on how states are following federal guidelines for 
automated red light and speed enforcement cameras. Finally, it 
reduces administrative burdens on states by requiring NHTSA to 
accept highway safety plans in electronic form.
    The Committee is 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 under 
State Highway Safety Programs (23 U.S.C. 402). Therefore, the 
Committee encourages states to address unsecured loads the next 
time they submit their State Highway Safety Program for 
approval by the Secretary.

Section 4003. Highway safety research and development

    This section authorizes NHTSA to work with industry and 
academia on advancements in ignition interlocks and other 
safety technologies that help determine whether a driver 
exceeds alcohol impairment standards. It also requires NHTSA 
inform participants in programs that collect data on drug or 
alcohol use that their participation is voluntary. Finally, 
this section clarifies the federal share of cooperative 
research activities carried out by NHTSA.

Section 4004. High-Visibility Enforcement Program

    This section codifies the High Visibility Enforcement 
Program and authorizes funds to be used on campaigns to reduce 
distracted driving.

Section 4005. National Priority Safety Programs

    This section enables states to spend more funds on the 
pressing safety needs unique to their state by increasing the 
percentage of National Priority Safety Program funds that can 
be flexed to each state's traditional safety program under 
section 402 of title 23, United States Code. This section also 
reforms the Impaired Driving Countermeasures, Distracted 
Driving, and State Graduated Driver License Incentive programs 
to reduce barriers to state eligibility and improve incentives 
for states to adopt laws and regulations to improve highway 
safety. Finally, this section authorizes five percent of 
National Priority Safety Program funds to be spent on a new 
initiative on nonmotorized safety. States with combined 
pedestrian and bicycle fatalities that exceed 15 percent of 
total crash fatalities in that state are eligible to receive 
grant funds under the nonmotorized safety initiative to reduce 
such fatalities.

Section 4006. Prohibition on funds to check helmet usage or create 
        related checkpoints for a motorcycle driver or passenger

    This section prohibits the use of federal funds on 
motorcycle helmet checkpoints.

Section 4007. Marijuana-impaired driving

    This section requires the Secretary to conduct a study on 
marijuana impaired driving, including the feasibility of 
establishing an impairment standard for drivers under the 
influence of marijuana and provide recommendations.

Section 4008. National Priority Safety Program grant eligibility

    This section requires NHTSA to release information on which 
states were awarded funds under the National Priority Safety 
Program and which states were determined to be ineligible. 
NHTSA is required to provide ineligible states a list of 
deficiencies to correct in order to ensure their eligibility in 
the future.

Section 4009. Data collection

    This section continues a program to improve the 
availability of data on traffic stops.

Section 4010. Technical corrections

    This section makes technical corrections to chapter 4 of 
title 23, United States Code.

                     TITLE V--MOTOR CARRIER SAFETY


          Subtitle A--Motor Carrier Safety Grant Consolidation


Section 5101. Grants to states

    This section consolidates nine existing Federal Motor 
Carrier Safety Administration (FMCSA) grant programs into four 
and streamlines program requirements to reduce administrative 
costs and improve flexibility for states. It makes several 
reforms to grant programs, including awarding priority to 
programs that train veterans and to incentivizing the adoption 
of innovative truck and bus safety technologies. These changes 
take effect in fiscal year 2017. This section also authorizes 
funds for the consolidated grant programs for fiscal years 2017 
through 2021 at levels consistent with the CBO's baseline 
projections for the Highway Trust Fund.
    This section also 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 Committee believes 
that decals used to meet this requirement should adhere to 
design and functional requirements as specified by the 
Secretary.

Section 5102. Performance and registration information systems 
        management

    This section makes a conforming amendment to section 
31106(b) of title 49, United States Code.

Section 5103. Authorization of appropriations

    This section authorizes the administrative expenses of the 
FMCSA for fiscal years 2016 through 2021 at fiscal year 2015 
enacted levels.

Section 5104. Commercial driver's license program implementation

    This section directs more of the available funding for 
implementing federal standards for commercial driver's licenses 
to the states by eliminating the set aside for emerging and 
national issues related to commercial drivers licensing.

Section 5105. Extension of Federal Motor Carrier Safety Programs for 
        fiscal year 2016

    This section authorizes fiscal year 2016 funding for FMCSA 
grant programs as these programs currently exist. Funding is 
provided at levels consistent with the CBO's baseline 
projections for the Highway Trust Fund.

Section 5106. Motor Carrier Safety Assistance Program allocation

    This section establishes a temporary working group of 
outside experts to advise the Secretary in the development of a 
new allocation formula for the Motor Carrier Safety Assistance 
Program. Prior to the development of a new formula, this 
section authorizes the use of an interim formula.

Section 5107. Maintenance of effort calculation

    This section establishes an interim maintenance of effort 
calculation for the fiscal years prior to the implementation of 
a new Motor Carrier Safety Assistance Program allocation 
formula. It further authorizes the Secretary to modify the 
maintenance of effort calculation once a new allocation formula 
is implemented.

     Subtitle B--Federal Motor Carrier Safety Administration Reform


                       Part I--Regulatory Reform


Section 5201. Notice of cancellation of insurance

    This section authorizes the Secretary to suspend, in lieu 
of revoking, the operating authority of motor carriers during 
temporary lapses in insurance coverage.

Section 5202. Regulations

    This section makes several reforms to the process FMCSA 
must follow when developing new motor carrier regulations to 
improve transparency and accountability. It also requires the 
FMCSA to revise or repeal regulations every five years if they 
are no longer current, consistent, and uniformly enforced.

Section 5203. Guidance

    This section reforms the process FMCSA uses to issue 
regulatory guidance and enforcement policies. It requires FMCSA 
to ensure guidance and enforcement policies are publicly 
accessible, regularly reviewed to ensure consistency and 
relevancy, and incorporated into regulations whenever possible.

Section 5204. Petitions

    This section reforms the process FMCSA uses when 
considering petitions for regulatory actions. It requires FMCSA 
to make the petitions publicly accessible and sets a deadline 
for the agency to formally respond.

           Part II--Compliance, Safety, Accountability Reform


Section 5221. Correlation study

    This section requires the Administrator of the FMCSA to 
commission the National Academies to conduct a study on ways to 
improve the Compliance, Safety, Accountability (CSA) program 
and provide Congress and the Inspector General of the 
Department of Transportation (Inspector General) with a report 
on the study's findings. The section also requires the 
Administrator to provide a corrective action plan to Congress 
describing the improvements that will be made to the CSA 
program. The Inspector General is required to review the 
corrective action plan to ensure it is responsive to the 
study's findings.

Section 5222. Beyond compliance

    This section authorizes the Administrator to incentivize 
motor carriers to install the latest safety technology on 
trucks and buses, adopt enhanced driver safety measures, 
implement safety management programs, and undertake other 
safety activities by having such activities be reflected in 
FMCSA's calculation of safety scores.

Section 5223. Data certification

    This section prohibits the publication of CSA program 
scores and certain other data until the Inspector General 
certifies that the corrective action plan under section 5221 
and improvements to the CSA program are implemented.

Section 5224. Interim hiring standard

    This section provides limited liability relief to shippers 
and brokers that hire motor carriers with satisfactory safety 
ratings from the FMCSA.

              Subtitle C--Commercial Motor Vehicle Safety


Section 5301. Implementing Safety Requirements

    This section accelerates the implementation of important 
FMCSA safety regulations required by law.

Section 5302. Windshield mounted safety technology

    This section updates regulations to allow for the mounting 
of innovative safety technologies on truck and bus windshields.

Section 5303. Prioritizing statutory rulemakings

    This section requires the Administrator to prioritize the 
completion of rulemakings required by law.

Section 5304. Safety reporting system

    This section requires the GAO to report to Congress on the 
feasibility of establishing a self-reporting system for motor 
carriers to report and correct en route equipment failures.

Section 5305. New Entrant Safety Review Program

    This section requires the Secretary to assess the 
effectiveness of the FMCSA's new operator safety review program 
and report to Congress on the results of the assessment.

Section 5306. Ready mixed concrete trucks

    This section makes permanent the current administrative 
exemption from compliance with the hours of service 30 minute 
rest break requirement for drivers of ready mix concrete 
trucks.

              Subtitle D--Commercial Motor Vehicle Drivers


Section 5401. Opportunities for veterans

    This section requires the Secretary to reduce regulatory 
barriers faced by veterans seeking employment as commercial 
truck and bus drivers.

Section 5402. Drug free commercial drivers

    This section authorizes the use of hair testing as an 
alternative to urine tests to screen for possible drug and 
alcohol use by commercial truck and bus drivers once standards 
have been established by for the Department of Health and Human 
Services. The section sets a one year deadline for the 
Department of Health and Human Services to establish federal 
standards for hair testing.
    The FMCSA has informed the Committee and the Committee 
agrees that nothing in this section 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.

Section 5403. Certified medical examiners

    This section authorizes the Secretary to grant exemptions 
on a case-by-case basis to drivers that receive fitness 
determinations from medical examiners that are not on the 
National Registry of Certified Medical Examiners.

Section 5404. Graduated Commercial Driver's License Pilot Program

    This section authorizes the Secretary to establish a 
limited pilot program for up to six agreements of contiguous 
states to allow drivers between the ages of 19\1/2\ and 21 to 
operate commercial motor vehicles across state lines. The 
section establishes a task force to inform the Secretary on the 
parameters of the pilot program prior to its establishment.

Section 5405. Veterans expanded trucking opportunities

    This section authorizes physicians employed by the U.S. 
Department of Veterans Affairs to certify the fitness of and 
provide a medical certificate to veterans with commercial 
driver's licenses.

                     Subtitle E--General Provisions


Section 5501. Minimum financial responsibility

    This section requires the Secretary to consider several 
factors prior to issuing a final rule that would change minimum 
insurance requirements for commercial trucks. It also requires 
the Secretary to conduct a study of current levels of minimum 
insurance for commercial buses prior to initiating a rulemaking 
that would change such levels.

Section 5502. Delays in goods movement

    This section requires the Inspector General to report on 
the impacts of delays in the pick-up and delivery of goods by 
motor carriers and drivers and make recommendations to Congress 
on ways to mitigate the delays. It also requires the Secretary 
to establish a process to collect data on delays.
    The Committee intends this provision 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 Committee does not intend 
this provision to measure productivity at ports.

Section 5503. Report on motor carrier financial responsibility

    This section requires the Secretary to publish a report 
prior to April 1, 2016 on the current levels of minimum 
insurance for commercial trucks.

Section 5504. Emergency route working group

    This section establishes a temporary working group to 
advise the Secretary on ways to expedite the response time by 
utility and other vehicles providing emergency response and 
restoration to disaster zones. The Secretary is required to 
inform Congress on the actions that will be taken to implement 
the recommendations of the working group.

Section 5505. Household goods consumer protection working group

    This section establishes a temporary working group to 
advise the Secretary on ways to improve public understanding of 
household goods movement and consumer protections.

Section 5506. Technology improvements

    This section requires the GAO to report to Congress on ways 
to improve FMSCA's information technology and data collection 
systems.

Section 5507. Notification regarding motor carrier registration

    This section requires the Secretary to inform Congress on 
the actions that will be taken to reduce delays in the 
registration of new motor carriers.

Section 5508. Report on commercial driver's license skills test delays

    This section requires the Administrator of the FMCSA to 
report to Congress on the delays experienced by individuals 
seeking to take the skills test portion of their commercial 
driver's license exam and what actions the Administrator is 
taking to address the delays.

Section 5509. Covered farm vehicles

    This section clarifies current law to ensure that states do 
not lose federal transportation funding when enacting state 
laws or regulations that provide exemptions or other minimum 
standards for operation of farm vehicles, including drivers of 
those vehicles, that are less stringent than the standards 
established for commercial motor vehicles and drivers under 
federal transportation laws and regulations.
    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. This section 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 Committee that it will be implemented in the 
manner described above.

Section 5510. Operators of hi-rail vehicles

    This section ensures that up to two hours (and no more than 
30 hours per month) of the time spent by an operator of a hi-
rail vehicle driving to or from a duty assignment does not 
count toward the total ``on-duty'' time with respect to FMCSA's 
hours of service regulations. It also ensures that such drivers 
may respond to an emergency situation without violating such 
hours of service regulations.

Section 5511. Electronic logging device requirements

    This section clarifies that motor carriers transporting 
motor homes or recreational vehicles to dealers or customers 
can continue to comply with the hours of service record of duty 
status requirements with a paper form.

Section 5512. Technical corrections

    This section makes technical corrections to title 49, 
United States Code, and other motor carrier laws.

Section 5513. Automobile transporter

    This section prohibits states from imposing a limitation of 
less than 80 feet on the length of a stinger steered automobile 
transporter operating on the NHS and certain other roads.

Section 5514. Ready mix concrete delivery vehicles

    This section clarifies that drivers of ready mix concrete 
trucks can utilize the hours of service 100 air-mile radius 
logbook exemption as long as such drivers do not exceed 14 
consecutive hours of on-duty time per shift.

                          Title VI--Innovation


Section 6001. Short title

    This section titles the bill, the ``Transportation for 
Tomorrow Act of 2015.''

Section 6002. Authorization of appropriations

    This section authorizes funds through fiscal year 2021 for 
the innovation and research activities overseen by the USDOT. 
This section would authorize sums out of the Highway Account of 
the Highway Trust Fund for the Highway Research and Development 
Program, Technology and Innovation Deployment Program, training 
and education, Intelligent Transportation Systems (ITS) 
Program, University Transportation Centers (UTC), and the 
Bureau of Transportation Statistics.

Section 6003. Advanced transportation and congestion management 
        technologies deployment

    This section establishes a competitive grant program to 
deploy advanced transportation and congestion management 
technologies in order to support innovative solutions to 
transportation challenges.

Section 6004. Technology and innovation deployment program

    This section updates the technology and innovation 
deployment program and requires a transparency report on the 
cost and benefits of deployment activities under this chapter.

Section 6005. Intelligent transportation system goals

    This section updates the goals of ITS activities to 
acknowledge the role of ITS in the movement of freight.

Section 6006. Intelligent transportation system program report

    This section requires that the report on the ITS activities 
at USDOT be published on an USDOT website.

Section 6007. Intelligent transportation system national architecture 
        and standards

    This section updates the eligible entities that can 
participate in standards development activities for ITS.

Section 6008. Communication systems deployment report

    This section requires a publically-available report on 
vehicle-to-vehicle and vehicle-and-infrastructure 
communications systems deployment.

Section 6009. Infrastructure development

    This section reaffirms that the funds made available for 
ITS activities should be focused on only that, and not be 
diverted for construction of physical infrastructure. This 
section also reestablishes a previous restriction on the use of 
ITS research funding for construction projects.

Section 6010. Departmental research programs

    This section codifies the research activities of the USDOT 
in the Office of Assistant Secretary for Research and 
Technology.

Section 6011. Research and Innovative Technology Administration

    This section repeals the defunct Research and Innovative 
Technology Administration, which was elevated to the Office of 
Assistant Secretary for Research and Technology in the previous 
section.

Section 6012. Office of Intermodalism

    This section repeals the defunct Office of Intermodalism at 
USDOT.

Section 6013. University transportation centers

    This section reauthorizes the competitive grants to UTCs. 
This section also maximizes research results by focusing on 
consortia; clarifies awards terms; reflects that there are no 
longer any FTA funds directed to the UTC Program; includes 
outreach to minorities and women as a consideration for awards, 
expands the current consideration of minority institutions from 
tier one to all awards, and provides flexible grant award 
amounts.

Section 6014. Bureau of Transportation statistics

    This section makes minor technical corrections and includes 
language that affirms the impartiality of the Bureau of 
Transportation Statistics as a statistical entity.

Section 6015. Surface transportation system funding alternatives

    This section establishes a competitive grant program for 
states to demonstrate alternative funding mechanisms in order 
to provide valuable feedback on the ability of these mechanisms 
to fund surface transportation projects and programs.

Section 6016. Future interstate study

    This section authorizes the National Academy of Science's 
Transportation Research Board to carry out a study on the 
actions needed to take care of the Interstate System. It 
directs that the plan include recommendations regarding the 
features, standards, capacity needs, application of 
technologies, and investment that will be required to upgrade 
the Interstate System to meet future needs.

Section 6017. Highway efficiency

    This section provides the Secretary with the authority to 
carry out research regarding pavement resilience.

Section 6018. Motorcycle safety

    This section provides the Secretary the authority to enter 
in to an agreement with the National Academies of Science to 
conduct a study on the most effective means of preventing 
motorcycle crashes.

Section 6019. Hazardous material research and development

    This section adds coordination with other federal agencies 
to hazardous material research. Additionally, this section 
provides the Secretary the authority to enter in to cooperative 
research agreements with the National Academies to carry out 
research on hazardous materials transportation.

Section 6020. Web-based Training for emergency responders

    This section adds online curriculum to the training for 
emergency responders.

Section 6021. Transportation technology policy working group

    This section provides the Assistant Secretary for Research 
and Technology the authority to convene a working group to 
promote interagency cooperation for transportation research.

Section 6022. Collaboration and support

    This section supports increased collaboration between 
federal research agencies and national laboratories.

Section 6023. Prize competitions

    This section updates surface transportation research, 
development, and technology to conform to other federal prize 
competition law.

Section 6024. GAO report

    This section requires that the GAO make an evaluation of 
the USDOT's ability to address emerging transportation 
technologies.

Section 6025. Intelligent Transportation System Purposes

    This section adds cooperation between modal administrations 
and other federal agencies to promote cyber security standards 
for the Intelligent Transportation System Purposes of the 
USDOT.

Section 6026. Infrastructure integrity

    This section adds corrosion prevention measures to 
infrastructure integrity research efforts that may be 
undertaken by the Secretary.

             Title VII--Hazardous Materials Transportation


Section 7001. Short title

    This section titles the bill, the ``Hazardous Materials 
Transportation Safety Improvement Act of 2015.''

Section 7002. Authorization of appropriations

    This section authorizes hazmat safety and grant programs 
for fiscal years 2016 through 2021 at baseline levels. Given 
current balances in the hazardous material emergency 
preparedness grant program fund, the Committee believes that 
such authorizations plus elimination of a provision that 
unintentionally resulted in PHMSA de-obligating certain grant 
funding for states and Indian tribes will not require an 
increase in fees on industry.

Section 7003. National emergency and disaster response

    This section streamlines the process by which PHMSA can 
approve hazmat transportation during national emergencies. This 
provision will allow for hazmat products to be moved quicker in 
and out of federally declared natural disaster areas while 
ensuring safety.

Section 7004. Enhanced reporting

    This section makes a report on the overall transportation 
of hazardous materials (e.g., enforcement activities, permits, 
incidents, and accidents) public on USDOT's website, rather 
than just a transmittal to Congress. This will allow the public 
to access this information.

Section 7005. Wetlines

    This section requires PHMSA to withdraw the notice of 
proposed rulemaking issued on January 27, 2011, entitled 
``Safety Requirements for External Product Piping on Cargo 
Tanks Transporting Flammable Liquids'', i.e., the ``wetlines'' 
rulemaking. A MAP-21-mandated GAO report found that PHMSA did 
not have sufficient data to analyze the costs and benefits of 
the proposed rulemaking. The section includes a safety clause 
assuring PHMSA retains the authority to issue regulations on 
wetlines, following withdrawal of the rule.

Section 7006. Improving publication of special permits and approvals

    This section makes changes to speed up the process and add 
transparency to PHMSA's procedures for approving special 
permits and approvals. Delays in processing special permits and 
approvals can have significant effects on innovation and the 
competitiveness of American companies. Special permits are 
designed to allow individuals to transport hazardous materials 
in new and innovative ways that are not contemplated by the 
regulations, so long as those means of transportation provide 
an equivalent level of safety. Approvals are what certain 
hazardous materials, such as fireworks or explosives, need to 
be transported throughout the country, because a means of 
transport are not provided for under the regulations. 
Therefore, to the extent a special permit or approval is 
delayed, the competitiveness of the industries that need them 
is affected. However, it is important to evaluate and consider 
public comment on the safety effects of applications for 
special permits and approvals prior to their issuance.
    First, this section ensures that all applications for new 
or modified special permits are made available in the Federal 
Register. Further, any other special permit must be posted on 
USDOT's website and allow for a comment period no longer than 
15 days. This will ensure the public has notice of all special 
permits filed with PHMSA. Similarly, the provision requires 
that PHMSA notify the public at least every 120 days of the 
final disposition of all special permits and approvals during 
the preceding quarter. This creates greater transparency into 
the processes for both special permits and approvals, so that 
the public will better understand how hazardous materials are 
being transported.
    The section also shortens the timeframe by 60 days for 
PHMSA to either dispose of a special permit or notify the 
public of its reasoning for the delay. In current law, the 
timeframe is 180 days and only applies to special permits, this 
provision not only shortens that time period to 120 days, it 
also expands the notification to include approvals. Overall, by 
enhancing the transparency of the decision-making process and 
including approvals along with special permits, the public will 
have better insight into how hazardous materials are safely 
transported throughout the country.

Section 7007. GAO study on acceptance of classification examinations

    Currently, PHMSA has a process by which it approves 
laboratories to conduct third-party classifications for certain 
types of hazardous materials. Once a laboratory recommends a 
certain classification, PHMSA must evaluate it for approval or 
disapproval. This section directs the GAO to conduct a study, 
which will be transmitted to the House Committee on 
Transportation and Infrastructure Committee and the Senate 
Committee on Commerce, Science, and Transportation, on the 
standards, metrics, and protocols that the Secretary uses to 
regulate the performance of persons approved to recommend 
hazmat classifications, commonly referred to as third-party 
labs. The Secretary, 120 days after completion of the study, 
must then develop an action plan on how to improve the 
classification examination process. If GAO recommends new 
regulations in order for the Secretary to have confidence in 
the accuracy of classification recommendations rendered by 
third-party labs, the Secretary has 24 months for issuance.

Section 7008. Improving the effectiveness of planning and training 
        grants

    This section would streamline the emergency response 
planning and training grant program for states and Indian 
tribes. Through this existing program, the Secretary makes 
grants to states and Indian tribes, to develop, improve, and 
carry out emergency plans; decide on the need for a regional 
hazmat emergency response team; train hazmat instructors; and 
train public sector employees to respond to accidents and 
incidents involving hazardous materials.
    This grant program has not been effective for many states 
and Indian tribes because of the limited timeframe for which 
funding is available and the inability of states to decide how 
much grant funding to spend on training and planning. This 
section fixes both of these concerns by empowering states and 
Indian tribes to decide how much grant funding to spend on 
planning and how much on training. It also allows states more 
flexibility to spend grant funds by making them available until 
expended. This section further amends the competitive hazardous 
materials employee training grants under section 5107 to allow 
for programs that train those who enforce hazardous materials 
regulations to be eligible. These changes will empower states 
and Indian tribes to better plan and train for hazardous 
materials related incidents.

Section 7009. Motor carrier safety permits

    The intent of the Hazardous Material Safety Permit (HMSP) 
program was to reduce the frequency and severity of crashes by 
carriers moving listed classes of hazardous materials. In MAP-
21, Congress required FMCSA to initiate a rulemaking to address 
the deficiencies in the HMSP program. Despite recognition of 
problems with the program in a report mandated by MAP-21, FMCSA 
has said that it will not pursue the HMSP rulemaking mandated 
by Congress until the agency finalizes the safety fitness 
determination rulemaking. The rulemaking is expected to take 
years to complete.
    In the meantime, carriers are still at risk of being shut 
down because the program lacks adequate due process. This 
section would address this long-standing industry concern by 
allowing carriers to submit corrective actions or other 
documentation proving their safety worthiness, prior to FMCSA 
denying a permit. This will ensure that many of these small 
businesses are not shut down without an opportunity to first 
take corrective action.

Section 7010. Thermal blankets

    This section strengthens the safety of crude by rail 
shipments by requiring each tank car built to meet the DOT-117 
specification and each non-jacketed tank car modified to meet 
the DOT-117R specification to be equipped with a \1/2\-inch 
thick, insulated ``thermal blanket'' that is applied between 
the outer surface of a tank car tank and the inner surface of a 
tank car jacket, to ensure a tank car can survive pool fire and 
provide appropriate protection to emergency responders in case 
of fire.
    This section enhances the May 2015, rulemaking released by 
USDOT, which issued more stringent tank car standards to DOT-
117s. This section focuses on safety improvements that are 
designed to mitigate consequences in the event of an accident 
and support emergency response. Additionally, this section 
allows the Secretary to approve new or alternative technologies 
or materials that become available and provide a level of 
safety at least equivalent to the level provided.

Section 7011. Comprehensive oil spill response plans

    This section improves crude by rail safety measures by 
requiring each railroad carrier transporting a Class 3 
flammable liquid to maintain a comprehensive oil spill response 
plan. The response plan will consist of response procedures, 
including equipment for responding to a worst case scenario 
discharge; planning and response measures consistent with the 
National Contingency Plan and applicable Area Contingency Plan; 
include appropriate notification and training procedures and 
other procedures for coordinating with federal, state, and 
local emergency responders; and review and update its plan in 
appropriate manner.
    Additionally, this section requires the Secretary to 
maintain each railroad carriers' oil spill response plan on 
file and provide a copy to any person upon request, excluding 
proprietary or security sensitive information.

Section 7012. Information on High-Hazard Flammable Trains

    This section requires the Secretary to issue regulations 
requiring railroads carriers to notify SERCs regarding movement 
of High Hazard Flammable Trains (HHFT). The Secretary is to 
include in the rulemaking proper protection from public release 
of such information. Such regulations shall not prohibit the 
disclosure of such information to officials of emergency 
response and planning organizations or others with a ``need to 
know'' as defined under such regulations.
    On May 1, 2015, USDOT released the Enhanced Tank Car 
Standards and Operational Controls for High-Hazard Flammable 
Trains Final Rule (PHMSA-2012-0082)(HHFT Rule). This rule 
defined an HHFT as a continuous block of 20 or more tank cars 
loaded with a flammable liquid or 35 or more tank cars loaded 
with a flammable liquid dispersed through a train. Prior to 
this final rule, USDOT released Emergency Order Docket No. DOT-
OST-2014-0067, which required railroads to supply SERCs with 
information of HHFT movements within their state. After 
publication, USDOT clarified that it expected that states would 
not make security-sensitive or proprietary information public.
    This section would require USDOT to conduct a rulemaking to 
make the Emergency Order permanent, but also ensure that 
security-sensitive and proprietary information be protected.

Section 7013. Study and testing of electronically-controlled pneumatic 
        brakes

    This section requires the GAO to conduct a study on the 
data on the effectiveness, use, costs, and benefits of 
electronically-controlled pneumatic (ECP) brake systems, and 
report to Congress on its results. This section also requires 
the National Academy of Sciences to conduct testing, including 
a derailment scenario, on the performance of ECP brakes.
    The HHFT Rule requires that railroads operate high hazard 
flammable unit trains (defined as a train comprised of 70 or 
more loaded tank cars containing Class 3 flammable liquids) 
with ECP braking systems by January 1, 2021, if at least one 
Packing Group 1 flammable liquid is being transported. All 
other high hazard flammable unit trains would need to be 
operated with ECP brakes by May 1, 2023.
    ECP braking systems have not been used extensively in the 
United States, and there is limited data and testing on their 
effectiveness during derailments. This section would test their 
application in such a scenario. Based on the results of the 
testing, the Secretary is then required to update its 
regulatory impact analysis and determine whether to retain or 
repeal the ECP brake requirement contained in the recent 
Enhanced Tank Car Standards and Operational Controls for HHFT 
Rule.

Section 7014. Ensuring safe implementation of positive train control 
        systems

    This section extends the deadline by which freight, 
passenger, and commuter railroads are required to implement 
Positive Train Control (PTC) systems on certain lines carrying 
toxic-by-inhalation hazardous (TIH) materials, or on which 
regularly scheduled intercity passenger or commuter rail 
services are provided. The Rail Safety Improvement Act of 2008 
(P.L. 110-432, Division A) mandated that PTC, a communications-
based system designed to prevent certain rail accidents, be 
implemented by December 31st, 2015. Due to a host of technical, 
programmatic, and financial challenges (with respect to 
publicly-funded entities), almost all railroads will not 
complete implementation by December 31, 2015.
    This section would extend the full implementation deadline 
to December 31, 2018. Railroads would be required to revise 
their PTC implementation plans to reflect this new deadline, 
including detailed milestones and metrics to allow USDOT, 
Congress, and the public to monitor railroads' progress towards 
implementation. If railroads cannot meet the 2018 deadline, 
they may request additional time, not to exceed 24 months 
beyond December 31, 2018, but as soon as practicable.
    The Secretary may only grant additional time if certain 
milestones have been completed, such as full installation of 
equipment, full acquisition of necessary spectrum, and in the 
case of Class 1 railroads and Amtrak, at least a majority of a 
railroad's route miles must have PTC in revenue service 
demonstration or fully implemented. Other railroads and 
entities must be in revenue service demonstration or have fully 
implemented PTC on at least one territory or meet other 
criteria established by the Secretary. A railroad will notify 
the Secretary when it has completed the necessary milestones 
and is ready for review, and USDOT will assess each railroad's 
request on a case-by-case basis.
    All railroads must report annually on progress against 
their overall revised plans, and those progress reports will be 
made public. DOT is also required to continually review and 
report to the public and Congress on the railroads' progress 
toward PTC implementation.

Section 7015. Phase-out of all tank cars used to transport Class 3 
        flammable liquids

    This section would require that all tank cars carrying 
Class 3 flammable liquids be required to meet the DOT-117 or 
DOT-117R tank car specifications.
    On May 1, 2015, USDOT released the Enhanced Tank Car 
Standards and Operational Controls for High-Hazard Flammable 
Trains Final Rule (PHMSA-2012-0082). This rule set dates by 
which certain flammable liquids would be required to be 
transported in new DOT-117 or DOT-117R tank car specifications, 
if carried in a High-Hazard Flammable Train (HHFT), which is 
defined as a continuous block of 20 or more tank cars loaded 
with a flammable liquid or 35 or more tank cars loaded with a 
flammable liquid dispersed through a train. The rule set for a 
schedule under which certain types of flammable liquids, 
identified by packing group, would be no longer able to be 
transported in various types of legacy DOT-111 or CPC-1232 tank 
cars.
    While the final rule will result in the retirement or 
retrofit of the vast majority of legacy tank cars, upwards of 
35,000 tank cars would not be retired or retrofitted under the 
final rule because such cars would not be transported in 
sufficient quantity to reach the HHFT thresholds. Therefore, 
this section would require the remainder of the Class 3 
flammable liquids (other than unrefined petroleum products, 
including crude oil, and ethanol) to be transported in DOT-117 
or DOT-117R tank cars by May 1, 2025 for Packing Group I, and 
May 1, 2029 for Packing Groups II and III. The section also 
provides the Secretary authority to adjust those deadlines by a 
period not to exceed two years if the Secretary finds there is 
insufficient shop capacity. This section also codifies the 
phase-out schedule for unrefined petroleum products, including 
crude oil, and ethanol.

             TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION


Section 8001. Multimodal freight transportation

    This section establishes a national multimodal freight 
policy with the goal of implementing policies, infrastructure 
improvements, and operational innovations that will improve the 
efficient movement of goods across all modes of transportation. 
The section also establishes a national freight strategic plan 
and designates a National Multimodal Freight Network, including 
strategic highway, rail, port, inland waterway, and aviation 
assets. Further, this section encourages each state to 
establish a freight advisory committee with representatives 
from a cross-section of public and private sector freight 
stakeholders, and requires each state to develop a freight 
plan, separately from or as part of the state's larger 
transportation plan.

TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU


Section 9001. National Surface Transportation and Innovative Finance 
        Bureau

    This section establishes the National Surface 
Transportation and Innovative Finance Bureau (Bureau) within 
the USDOT, which serves as a one-stop-shop for states and local 
governments, to receive federal funding or financing 
assistance, as well as technical assistance, in order to move 
forward with complex surface transportation projects. This 
section directs the Bureau to administer the application 
process for various competitive grant programs and credit 
assistance programs; promote innovative financing best 
practices; reduce uncertainty and delays with environmental 
reviews and permitting; reduce costs and risks to taxpayers in 
project delivery and procurement; and carry out various multi-
modal freight activities. Lastly, this section gives the 
Secretary the authority to consolidate or eliminate different 
offices within USDOT.

Section 9002. Council on Credit and Finance

    This section establishes a Council on Credit and Finance 
(Council) within USDOT. This section requires the Council to 
review applications for various competitive grant programs and 
credit assistance programs and then make recommendations to the 
Secretary about which applications should receive federal 
funding or financing assistance.

    TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY


Section 10001. Allocations

    This section reauthorizes expenditure authority for the 
Dingell-Johnson Sport Fish Restoration Act through FY 2021. It 
also combines Clean Vessel Act (CVA) Grants and Boating 
Infrastructure Grants (BIG) into a single Boating 
Infrastructure Improvement grant program. This consolidation 
reduces administrative costs and increases the states' 
flexibility in choosing boating infrastructure projects without 
restricting the choices of projects types from which the states 
can choose. This section provides parity for the Coast Guard by 
establishing a set-aside for the Service's administrative 
expenses. Finally, this section makes adjustments to the 
apportionment of funds available to ensure funding for grant 
programs are not reduced as the result of reforms made to the 
treatment of administrative expenses.
    The majority of the USFWS's grants management work with 
state fish and wildlife agencies occurs at the regional level. 
As a result, the Committee directs 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.

Section 10002. Recreational boating safety

    This section clarifies the authorized uses for the funds 
set aside for Coast Guard administrative expenses.
    The Committee understands 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 this section, the Committee expects the Coast Guard 
to use the additional funds provided under Section 10001 to pay 
only the salaries and expenses of personnel whose duties 
exclusively involve boating safety.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 23, UNITED STATES CODE



           *       *       *       *       *       *       *
                    CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec.
101. Definitions and declaration of policy.
     * * * * * * *
105. Adjustments to contract authority.
     * * * * * * *
117. Nationally significant freight and highway projects.
     * * * * * * *
[133. Surface transportation program.]
133. Surface transportation block grant program.
     * * * * * * *
151. National electric vehicle charging, hydrogen, and natural gas 
          fueling corridors.
     * * * * * * *
[167. National freight program. ]
167. National highway freight policy.
     * * * * * * *

Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) Apportionment.--The term ``apportionment'' 
        includes unexpended apportionments made under prior 
        authorization laws.
          (2) Asset management.--The term ``asset management'' 
        means a strategic and systematic process of operating, 
        maintaining, and improving physical assets, with a 
        focus on both engineering and economic analysis based 
        upon quality information, to identify a structured 
        sequence of maintenance, preservation, repair, 
        rehabilitation, and replacement actions that will 
        achieve and sustain a desired state of good repair over 
        the lifecycle of the assets at minimum practicable 
        cost.
          (3) Carpool project.--The term ``carpool project'' 
        means any project to encourage the use of carpools and 
        vanpools, including provision of carpooling 
        opportunities to the elderly and individuals with 
        disabilities, systems for locating potential riders and 
        informing them of carpool opportunities, acquiring 
        vehicles for carpool use, designating existing highway 
        lanes as preferential carpool highway lanes, providing 
        related traffic control devices, designating existing 
        facilities for use for preferential parking for 
        carpools, and real-time ridesharing projects, such as 
        projects where drivers, using an electronic transfer of 
        funds, recover costs directly associated with the trip 
        provided through the use of location technology to 
        quantify those direct costs, subject to the condition 
        that the cost recovered does not exceed the cost of the 
        trip provided.
          (4) Construction.--The term ``construction'' means 
        the supervising, inspecting, actual building, and 
        incurrence of all costs incidental to the construction 
        or reconstruction of a highway or any project eligible 
        for assistance under this title, including bond costs 
        and other costs relating to the issuance in accordance 
        with section 122 of bonds or other debt financing 
        instruments and costs incurred by the State in 
        performing Federal-aid project related audits that 
        directly benefit the Federal-aid highway program. Such 
        term includes--
                  (A) preliminary engineering, engineering, and 
                design-related services directly relating to 
                the construction of a highway project, 
                including engineering, design, project 
                development and management, construction 
                project management and inspection, surveying, 
                mapping (including the establishment of 
                temporary and permanent geodetic control in 
                accordance with specifications of the National 
                Oceanic and Atmospheric Administration), and 
                architectural-related services;
                  (B) reconstruction, resurfacing, restoration, 
                rehabilitation, and preservation;
                  (C) acquisition of rights-of-way;
                  (D) relocation assistance, acquisition of 
                replacement housing sites, and acquisition and 
                rehabilitation, relocation, and construction of 
                replacement housing;
                  (E) elimination of hazards of railway-highway 
                grade crossings;
                  (F) elimination of roadside hazards;
                  (G) improvements that directly facilitate and 
                control traffic flow, such as grade separation 
                of intersections, widening of lanes, 
                channelization of traffic, traffic control 
                systems, and passenger loading and unloading 
                areas; and
                  (H) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses.
          (5) County.--The term ``county'' includes 
        corresponding units of government under any other name 
        in States that do not have county organizations and, in 
        those States in which the county government does not 
        have jurisdiction over highways, any local government 
        unit vested with jurisdiction over local highways.
          (6) Federal-aid highway.--The term ``Federal-aid 
        highway'' means a public highway eligible for 
        assistance under this chapter other than a highway 
        functionally classified as a local road or rural minor 
        collector.
          (7) Federal lands access transportation facility.--
        The term ``Federal Lands access transportation 
        facility'' means a public highway, road, bridge, trail, 
        or transit system that is located on, is adjacent to, 
        or provides access to Federal lands for which title or 
        maintenance responsibility is vested in a State, 
        county, town, township, tribal, municipal, or local 
        government.
          (8) Federal lands transportation facility.--The term 
        ``Federal lands transportation facility'' means a 
        public highway, road, bridge, trail, or transit system 
        that is located on, is adjacent to, or provides access 
        to Federal lands for which title and maintenance 
        responsibility is vested in the Federal Government, and 
        that appears on the national Federal lands 
        transportation facility inventory described in section 
        203(c).
          (9) Forest development roads and trails.--The term 
        ``forest development roads and trails'' means forest 
        roads and trails under the jurisdiction of the Forest 
        Service.
          (10) Forest road or trail.--The term ``forest road or 
        trail'' means a road or trail wholly or partly within, 
        or adjacent to, and serving the National Forest System 
        that is necessary for the protection, administration, 
        and utilization of the National Forest System and the 
        use and development of its resources.
          (11) Highway.--The term ``highway'' includes--
                  (A) a road, street, and parkway;
                  (B) a right-of-way, bridge, railroad-highway 
                crossing, tunnel, drainage structure including 
                public roads on dams, sign, guardrail, and 
                protective structure, in connection with a 
                highway; and
                  (C) a portion of any interstate or 
                international bridge or tunnel and the 
                approaches thereto, the cost of which is 
                assumed by a State transportation department, 
                including such facilities as may be required by 
                the United States Customs and Immigration 
                Services in connection with the operation of an 
                international bridge or tunnel.
          (12) Interstate System.--The term ``Interstate 
        System'' means the Dwight D. Eisenhower National System 
        of Interstate and Defense Highways described in section 
        103(c).
          (13) Maintenance.--The term ``maintenance'' means the 
        preservation of the entire highway, including surface, 
        shoulders, roadsides, structures, and such traffic-
        control devices as are necessary for safe and efficient 
        utilization of the highway.
          (14) Maintenance area.--The term ``maintenance area'' 
        means an area that was designated as an air quality 
        nonattainment area, but was later redesignated by the 
        Administrator of the Environmental Protection Agency as 
        an air quality attainment area, under section 107(d) of 
        the Clean Air Act (42 U.S.C. 7407(d)).
          (15) National highway freight network.--The term 
        ``National Highway Freight Network'' means the National 
        Highway Freight Network established under section 167.
          [(15)] (16) National Highway System.--The term 
        ``National Highway System'' means the Federal-aid 
        highway system described in section 103(b).
          [(16)] (17) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes labor costs, administrative costs, costs of 
        utilities and rent, and other costs associated with the 
        continuous operation of traffic control, such as 
        integrated traffic control systems, incident management 
        programs, and traffic control centers.
          [(17)] (18) Operational improvement.--The term 
        ``operational improvement''--
                  (A) means (i) a capital improvement for 
                installation of traffic surveillance and 
                control equipment, computerized signal systems, 
                motorist information systems, integrated 
                traffic control systems, incident management 
                programs, and transportation demand management 
                facilities, strategies, and programs, and (ii) 
                such other capital improvements to public roads 
                as the Secretary may designate, by regulation; 
                and
                  (B) does not include resurfacing, restoring, 
                or rehabilitating improvements, construction of 
                additional lanes, interchanges, and grade 
                separations, and construction of a new facility 
                on a new location.
          [(18)] (19) Project.--The term ``project'' means any 
        undertaking eligible for assistance under this title.
          [(19)] (20) Project agreement.--The term ``project 
        agreement'' means the formal instrument to be executed 
        by the Secretary and the recipient as required by 
        section 106.
          [(20)] (21) Public authority.--The term ``public 
        authority'' means a Federal, State, county, town, or 
        township, Indian tribe, municipal or other local 
        government or instrumentality with authority to 
        finance, build, operate, or maintain toll or toll-free 
        facilities.
          [(21)] (22) Public road.--The term ``public road'' 
        means any road or street under the jurisdiction of and 
        maintained by a public authority and open to public 
        travel.
          [(22)] (23) Rural areas.--The term ``rural areas'' 
        means all areas of a State not included in urban areas.
          [(23)] (24) Safety improvement project.--The term 
        ``safety improvement project'' means a strategy, 
        activity, or project on a public road that is 
        consistent with the State strategic highway safety plan 
        and corrects or improves a roadway feature that 
        constitutes a hazard to road users or addresses a 
        highway safety problem.
          [(24)] (25) Secretary.--The term ``Secretary'' means 
        Secretary of Transportation.
          [(25)] (26) State.--The term ``State'' means any of 
        the 50 States, the District of Columbia, or Puerto 
        Rico.
          [(26)] (27) State funds.--The term ``State funds'' 
        includes funds raised under the authority of the State 
        or any political or other subdivision thereof, and made 
        available for expenditure under the direct control of 
        the State transportation department.
          [(27)] (28) State strategic highway safety plan.--The 
        term ``State strategic highway safety plan'' has the 
        same meaning given such term in section 148(a).
          [(28)] (29) State transportation department.--The 
        term ``State transportation department'' means that 
        department, commission, board, or official of any State 
        charged by its laws with the responsibility for highway 
        construction.
          [(29) Transportation alternatives.--The term 
        ``transportation alternatives'' means any of the 
        following activities when carried out as part of any 
        program or project authorized or funded under this 
        title, or as an independent program or project related 
        to surface transportation:
                  [(A) Construction, planning, and design of 
                on-road and off-road trail facilities for 
                pedestrians, bicyclists, and other nonmotorized 
                forms of transportation, including sidewalks, 
                bicycle infrastructure, pedestrian and bicycle 
                signals, traffic calming techniques, lighting 
                and other safety- related infrastructure, and 
                transportation projects to achieve compliance 
                with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                  [(B) Construction, planning, and design of 
                infrastructure-related projects and systems 
                that will provide safe routes for non-drivers, 
                including children, older adults, and 
                individuals with disabilities to access daily 
                needs.
                  [(C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, 
                bicyclists, or other nonmotorized 
                transportation users.
                  [(D) Construction of turnouts, overlooks, and 
                viewing areas.
                  [(E) Community improvement activities, 
                including--
                          [(i) inventory, control, or removal 
                        of outdoor advertising;
                          [(ii) historic preservation and 
                        rehabilitation of historic 
                        transportation facilities;
                          [(iii) vegetation management 
                        practices in transportation rights-of-
                        way to improve roadway safety, prevent 
                        against invasive species, and provide 
                        erosion control; and
                          [(iv) archaeological activities 
                        relating to impacts from implementation 
                        of a transportation project eligible 
                        under this title.
                  [(F) Any environmental mitigation activity, 
                including pollution prevention and pollution 
                abatement activities and mitigation to--
                          [(i) address stormwater management, 
                        control, and water pollution prevention 
                        or abatement related to highway 
                        construction or due to highway runoff, 
                        including activities described in 
                        sections 133(b)(11), 328(a), and 329; 
                        or
                          [(ii) reduce vehicle-caused wildlife 
                        mortality or to restore and maintain 
                        connectivity among terrestrial or 
                        aquatic habitats.]
          (30) Transportation systems management and 
        operations.--
                  (A) In general.--The term ``transportation 
                systems management and operations'' means 
                integrated strategies to optimize the 
                performance of existing infrastructure through 
                the implementation of multimodal and 
                intermodal, cross-jurisdictional systems, 
                services, and projects designed to preserve 
                capacity and improve security, safety, and 
                reliability of the transportation system.
                  (B) Inclusions.--The term ``transportation 
                systems management and operations'' includes--
                          (i) actions such as traffic detection 
                        and surveillance, corridor management, 
                        freeway management, arterial 
                        management, active transportation and 
                        demand management, work zone 
                        management, emergency management, 
                        traveler information services, 
                        congestion pricing, parking management, 
                        automated enforcement, traffic control, 
                        commercial vehicle operations, freight 
                        management, and coordination of 
                        highway, rail, transit, bicycle, and 
                        pedestrian operations; and
                          (ii) coordination of the 
                        implementation of regional 
                        transportation system management and 
                        operations investments (such as traffic 
                        incident management, traveler 
                        information services, emergency 
                        management, roadway weather management, 
                        intelligent transportation systems, 
                        communication networks, and information 
                        sharing systems) requiring agreements, 
                        integration, and interoperability to 
                        achieve targeted system performance, 
                        reliability, safety, and customer 
                        service levels.
          (31) Tribal transportation facility.--The term 
        ``tribal transportation facility'' means a public 
        highway, road, bridge, trail, or transit system that is 
        located on or provides access to tribal land and 
        appears on the national tribal transportation facility 
        inventory described in section 202(b)(1).
          (32) Truck stop electrification system.--The term 
        ``truck stop electrification system'' means a system 
        that delivers heat, air conditioning, electricity, or 
        communications to a heavy-duty vehicle.
          (33) Urban area.--The term ``urban area'' means an 
        urbanized area or, in the case of an urbanized area 
        encompassing more than one State, that part of the 
        urbanized area in each such State, or urban place as 
        designated by the Bureau of the Census having a 
        population of 5,000 or more and not within any 
        urbanized area, within boundaries to be fixed by 
        responsible State and local officials in cooperation 
        with each other, subject to approval by the Secretary. 
        Such boundaries shall encompass, at a minimum, the 
        entire urban place designated by the Bureau of the 
        Census, except in the case of cities in the State of 
        Maine and in the State of New Hampshire.
          (34) Urbanized area.--The term ``urbanized area'' 
        means an area with a population of 50,000 or more 
        designated by the Bureau of the Census, within 
        boundaries to be fixed by responsible State and local 
        officials in cooperation with each other, subject to 
        approval by the Secretary. Such boundaries shall 
        encompass, at a minimum, the entire urbanized area 
        within a State as designated by the Bureau of the 
        Census.
  (b) Declaration of Policy.--
          (1) Acceleration of construction of Federal-aid 
        highway systems.--Congress declares that it is in the 
        national interest to accelerate the construction of 
        Federal-aid highway systems, including the Dwight D. 
        Eisenhower National System of Interstate and Defense, 
        because many of the highways (or portions of the 
        highways) are inadequate to meet the needs of local and 
        interstate commerce for the national and civil defense.
          (2) Completion of interstate system.--Congress 
        declares that the prompt and early completion of the 
        Dwight D. Eisenhower National System of Interstate and 
        Defense Highways (referred to in this section as the 
        ``Interstate System''), so named because of its primary 
        importance to the national defense, is essential to the 
        national interest. It is the intent of Congress that 
        the Interstate System be completed as nearly as 
        practicable over the period of availability of the 
        forty years' appropriations authorized for the purpose 
        of expediting its construction, reconstruction, or 
        improvement, inclusive of necessary tunnels and 
        bridges, through the fiscal year ending September 30, 
        1996, under section 108(b) of the Federal-Aid Highway 
        Act of 1956 (70 Stat. 374), and that the entire system 
        in all States be brought to simultaneous completion. 
        Insofar as possible in consonance with this objective, 
        existing highways located on an interstate route shall 
        be used to the extent that such use is practicable, 
        suitable, and feasible, it being the intent that local 
        needs, to the extent practicable, suitable, and 
        feasible, shall be given equal consideration with the 
        needs of interstate commerce.
          (3) Transportation needs of 21st Century.--Congress 
        declares that--
                  (A) it is in the national interest to 
                preserve and enhance the surface transportation 
                system to meet the needs of the United States 
                for the 21st Century;
                  (B) the current urban and long distance 
                personal travel and freight movement demands 
                have surpassed the original forecasts and 
                travel demand patterns are expected to continue 
                to change;
                  (C) continued planning for and investment in 
                surface transportation is critical to ensure 
                the surface transportation system adequately 
                meets the changing travel demands of the 
                future;
                  (D) among the foremost needs that the surface 
                transportation system must meet to provide for 
                a strong and vigorous national economy are 
                safe, efficient, and reliable--
                          (i) national and interregional 
                        personal mobility (including personal 
                        mobility in rural and urban areas) and 
                        reduced congestion;
                          (ii) flow of interstate and 
                        international commerce and freight 
                        transportation; and
                          (iii) travel movements essential for 
                        national security;
                  (E) special emphasis should be devoted to 
                providing safe and efficient access for the 
                type and size of commercial and military 
                vehicles that access designated National 
                Highway System intermodal freight terminals;
                  (F) the connection between land use and 
                infrastructure is significant;
                  (G) transportation should play a significant 
                role in promoting economic growth, improving 
                the environment, and sustaining the quality of 
                life; and
                  (H) the Secretary should take appropriate 
                actions to preserve and enhance the Interstate 
                System to meet the needs of the 21st Century.
          (4) Expedited project delivery.--
                  (A) In general.--Congress declares that it is 
                in the national interest to expedite the 
                delivery of surface transportation projects by 
                substantially reducing the average length of 
                the environmental review process.
                  (B) Policy of the United States.--
                Accordingly, it is the policy of the United 
                States that--
                          (i) the Secretary shall have the lead 
                        role among Federal agencies in carrying 
                        out the environmental review process 
                        for surface transportation projects;
                          (ii) each Federal agency shall 
                        cooperate with the Secretary to 
                        expedite the environmental review 
                        process for surface transportation 
                        projects;
                          (iii) project sponsors shall not be 
                        prohibited from carrying out 
                        preconstruction project development 
                        activities concurrently with the 
                        environmental review process;
                          (iv) programmatic approaches shall be 
                        used to reduce the need for project-by-
                        project reviews and decisions by 
                        Federal agencies; and
                          (v) the Secretary shall identify 
                        opportunities for project sponsors to 
                        assume responsibilities of the 
                        Secretary where such responsibilities 
                        can be assumed in a manner that 
                        protects public health, the 
                        environment, and public participation.
  (c) It is the sense of Congress that under existing law no 
part of any sums authorized to be appropriated for expenditure 
upon any Federal-aid highway which has been apportioned 
pursuant to the provisions of this title shall be impounded or 
withheld from obligation, for purposes and projects as provided 
in this title, by any officer or employee in the executive 
branch of the Federal Government, except such specific sums as 
may be determined by the Secretary of the Treasury, after 
consultation with the Secretary of Transportation, are 
necessary to be withheld from obligation for specific periods 
of time to assure that sufficient amounts will be available in 
the Highway Trust Fund to defray the expenditures which will be 
required to be made from such fund.
  (d) No funds authorized to be appropriated from the Highway 
Trust Fund shall be expended by or on behalf of any Federal 
department, agency, or instrumentality other than the Federal 
Highway Administration unless funds for such expenditure are 
identified and included as a line item in an appropriation Act 
and are to meet obligations of the United States heretofore or 
hereafter incurred under this title attributable to the 
construction of Federal-aid highways or highway planning, 
research, or development, or as otherwise specifically 
authorized to be appropriated from the Highway Trust Fund by 
Federal-aid highway legislation.
  (e) It is the national policy that to the maximum extent 
possible the procedures to be utilized by the Secretary and all 
other affected heads of Federal departments, agencies, and 
instrumentalities for carrying out this title and any other 
provision of law relating to the Federal highway programs shall 
encourage the substantial minimization of paperwork and 
interagency decision procedures and the best use of available 
manpower and funds so as to prevent needless duplication and 
unnecessary delays at all levels of government.

           *       *       *       *       *       *       *


Sec. 104. Apportionment

  (a) Administrative Expenses.--
          [(1) In general.--There are 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) $454,180,326 for fiscal year 2013; and
                  [(B) $440,000,000 for fiscal year 2014.]
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to be made available to the 
        Secretary for administrative expenses of the Federal 
        Highway Administration $440,000,000 for each of fiscal 
        years 2016 through 2021.
          (2) Purposes.--The amounts authorized to be 
        appropriated by this subsection shall be used--
                  (A) to administer the provisions of law to be 
                funded from appropriations for the Federal-aid 
                highway program and programs authorized under 
                chapter 2;
                  (B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway system; and
                  (C) to reimburse, as appropriate, the Office 
                of Inspector General of the Department of 
                Transportation for the conduct of annual audits 
                of financial statements in accordance with 
                section 3521 of title 31.
          (3) Availability.--The amounts made available under 
        paragraph (1) shall remain available until expended.
  (b)  [Division of State Apportionments Among Programs] 
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 program] surface 
transportation block grant program, the highway safety 
improvement program, and the congestion mitigation and air 
quality improvement program, and to carry out section 134 as 
follows:
          (1) National highway performance program.--For the 
        national highway performance program, 63.7 percent of 
        the amount remaining after distributing amounts under 
        paragraphs (4) and (5).
          (2)  [Surface transportation program]  Surface 
        transportation block grant program._  For the [surface 
        transportation program] surface transportation block 
        grant program, 29.3 percent of the amount remaining 
        after distributing amounts under paragraphs (4) and 
        (5).
          (3) Highway safety improvement program.--For the 
        highway safety improvement program, 7 percent of the 
        amount remaining after distributing amounts under 
        paragraphs (4) and (5).
          (4) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program, an amount determined by 
        multiplying the amount of the base apportionment 
        determined for the State under subsection (c) by the 
        proportion that--
                  (A) the amount apportioned to the State for 
                the congestion mitigation and air quality 
                improvement program for fiscal year 2009; bears 
                to
                  (B) 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 the MAP-21.
          (5) Metropolitan planning.--To carry out section 134, 
        an amount determined by multiplying the amount of the 
        base apportionment determined for the State under 
        subsection (c) by the proportion that--
                  (A) the amount apportioned to the State to 
                carry out section 134 for fiscal year 2009; 
                bears to
                  (B) 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 the MAP-21.
  [(c) Calculation of State Amounts.--
          [(1) For fiscal year 2013.--
                  [(A) Calculation of amount.--For fiscal year 
                2013, the amount for each State of combined 
                apportionments for the national highway 
                performance program under section 119, the 
                surface transportation program under section 
                133, the highway safety improvement program 
                under section 148, the congestion mitigation 
                and air quality improvement program under 
                section 149, and to carry out section 134 shall 
                be equal to the combined amount of 
                apportionments that the State received for 
                fiscal year 2012.
                  [(B) State apportionment.--On October 1 of 
                such fiscal year, the Secretary shall apportion 
                the sum authorized to be appropriated for 
                expenditure on the national highway performance 
                program under section 119, the surface 
                transportation program under section 133, the 
                highway safety improvement program under 
                section 148, the congestion mitigation and air 
                quality improvement program under section 149, 
                and to carry out section 134 in accordance with 
                subparagraph (A).
          [(2) For fiscal year 2014.--
                  [(A) State share.--For fiscal year 2014, the 
                amount for each State of combined 
                apportionments for the national highway 
                performance program under section 119, the 
                surface transportation program under section 
                133, the highway safety improvement program 
                under section 148, the congestion mitigation 
                and air quality improvement program under 
                section 149, and to carry out section 134 shall 
                be determined as follows:
                          [(i) Initial amount.--The initial 
                        amount for each State shall be 
                        determined by multiplying the total 
                        amount available for apportionment by 
                        the share for each State which shall be 
                        equal to the proportion that--
                                  [(I) the amount of 
                                apportionments that the State 
                                received for fiscal year 2012; 
                                bears to
                                  [(II) the amount of those 
                                apportionments received by all 
                                States for that fiscal year.
                          [(ii) Adjustments to amounts.--The 
                        initial amounts resulting from the 
                        calculation under clause (i) shall be 
                        adjusted to ensure that, for each 
                        State, the amount of combined 
                        apportionments for the programs shall 
                        not be less than 95 percent of the 
                        estimated tax payments attributable to 
                        highway users in the State paid into 
                        the Highway Trust Fund (other than the 
                        Mass Transit Account) in the most 
                        recent fiscal year for which data are 
                        available.
                  [(B) State apportionment.--On October 1 of 
                such fiscal year, the Secretary shall apportion 
                the sum authorized to be appropriated for 
                expenditure on the national highway performance 
                program under section 119, the surface 
                transportation program under section 133, the 
                highway safety improvement program under 
                section 148, the congestion mitigation and air 
                quality improvement program under section 149, 
                and to carry out section 134 in accordance with 
                subparagraph (A).]
  (c) Calculation of Amounts.--
          (1) State share.--For each of fiscal years 2016 
        through 2021, the amount for each State shall be 
        determined as follows:
                  (A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                          (i) each of--
                                  (I) the base apportionment;
                                  (II) supplemental funds 
                                reserved under subsection 
                                (h)(1) for the national highway 
                                performance program; and
                                  (III) supplemental funds 
                                reserved under subsection 
                                (h)(2) for the surface 
                                transportation block grant 
                                program; by
                          (ii) the share for each State, which 
                        shall be equal to the proportion that--
                                  (I) the amount of 
                                apportionments that the State 
                                received for fiscal year 2015; 
                                bears to
                                  (II) the amount of those 
                                apportionments received by all 
                                States for that fiscal year.
                  (B) Adjustments to amounts.--The initial 
                amounts resulting from the calculation under 
                subparagraph (A) shall be adjusted to ensure 
                that each State receives an aggregate 
                apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to 
                highway users in the State paid into the 
                Highway Trust Fund (other than the Mass Transit 
                Account) in the most recent fiscal year for 
                which data are available.
          (2) State apportionment.--On October 1 of fiscal 
        years 2016 through 2021, the Secretary shall apportion 
        the sums authorized to be appropriated for expenditure 
        on the national highway performance program under 
        section 119, the surface transportation block grant 
        program under section 133, the highway safety 
        improvement program under section 148, the congestion 
        mitigation and air quality improvement program under 
        section 149, and to carry out section 134 in accordance 
        with paragraph (1).
  (d) Metropolitan Planning.--
          (1) Use of amounts.--
                  (A) Use.--
                          (i) In general.--Except as provided 
                        in clause (ii), the amounts apportioned 
                        to a State under subsection (b)(5) 
                        shall be made available by the State to 
                        the metropolitan planning organizations 
                        responsible for carrying out section 
                        134 in the State.
                          (ii) States receiving minimum 
                        apportionment.--A State that received 
                        the minimum apportionment for use in 
                        carrying out section 134 for fiscal 
                        year 2009 may, subject to the approval 
                        of the Secretary, use the funds 
                        apportioned under subsection (b)(5) to 
                        fund transportation planning outside of 
                        urbanized areas.
                  (B) Unused funds.--Any funds that are not 
                used to carry out section 134 may be made 
                available by a metropolitan planning 
                organization to the State to fund activities 
                under section 135.
          (2) Distribution of amounts within States.--
                  (A) In general.--The distribution within any 
                State of the planning funds made available to 
                organizations under paragraph (1) shall be in 
                accordance with a formula that--
                          (i) is developed by each State and 
                        approved by the Secretary; and
                          (ii) takes into consideration, at a 
                        minimum, population, status of 
                        planning, attainment of air quality 
                        standards, metropolitan area 
                        transportation needs, and other factors 
                        necessary to provide for an appropriate 
                        distribution of funds to carry out 
                        section 134 and other applicable 
                        requirements of Federal law.
                  (B) Reimbursement.--Not later than 15 
                business days after the date of receipt by a 
                State of a request for reimbursement of 
                expenditures made by a metropolitan planning 
                organization for carrying out section 134, the 
                State shall reimburse, from amounts distributed 
                under this paragraph to the metropolitan 
                planning organization by the State, the 
                metropolitan planning organization for those 
                expenditures.
          (3) Determination of population figures.--For the 
        purpose of determining population figures under this 
        subsection, the Secretary shall use the latest 
        available data from the decennial census conducted 
        under section 141(a) of title 13, United States Code.
  (e) Certification of Apportionments.--
          (1) In general.--The Secretary shall--
                  (A) on October 1 of each fiscal year, certify 
                to each of the State transportation departments 
                the amount that has been apportioned to the 
                State under this section for the fiscal year; 
                and
                  (B) to permit the States to develop adequate 
                plans for the use of amounts apportioned under 
                this section, advise each State of the amount 
                that will be apportioned to the State under 
                this section for a fiscal year not later than 
                90 days before the beginning of the fiscal year 
                for which the sums to be apportioned are 
                authorized.
          (2) Notice to States.--If the Secretary has not made 
        an apportionment under this section for a fiscal year 
        beginning after September 30, 1998, by not later than 
        the date that is the twenty-first day of that fiscal 
        year, the Secretary shall submit, by not later than 
        that date, to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the 
        Senate, a written statement of the reason for not 
        making the apportionment in a timely manner.
          (3) Apportionment calculations.--
                  (A) In general.--The calculation of official 
                apportionments of funds to the States under 
                this title is a primary responsibility of the 
                Department and shall be carried out only by 
                employees (and not contractors) of the 
                Department.
                  (B) Prohibition on use of funds to hire 
                contractors.--None of the funds made available 
                under this title shall be used to hire 
                contractors to calculate the apportionments of 
                funds to States.
  (f) Transfer of Highway and Transit Funds.--
          (1) Transfer of highway funds for transit projects.--
                  (A) In general.--Subject to subparagraph (B), 
                amounts made available for transit projects or 
                transportation planning under this title may be 
                transferred to and administered by the 
                Secretary in accordance with chapter 53 of 
                title 49.
                  (B) Non-Federal share.--The provisions of 
                this title relating to the non-Federal share 
                shall apply to the amounts transferred under 
                subparagraph (A).
          (2) Transfer of transit funds for highway projects.--
                  (A) In general.--Subject to subparagraph (B), 
                amounts made available for highway projects or 
                transportation planning under chapter 53 of 
                title 49 may be transferred to and administered 
                by the Secretary in accordance with this title.
                  (B) Non-Federal share.--The provisions of 
                chapter 53 of title 49 relating to the non-
                Federal share shall apply to amounts 
                transferred under subparagraph (A).
          (3) Transfer of funds among States or to Federal 
        highway administration.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary may, at the request of a State, 
                transfer amounts apportioned or allocated under 
                this title to the State to another State, or to 
                the Federal Highway Administration, for the 
                purpose of funding 1 or more projects that are 
                eligible for assistance with amounts so 
                apportioned or allocated.
                  (B) Apportionment.--The transfer shall have 
                no effect on any apportionment of amounts to a 
                State under this section.
                  (C) Funds suballocated to urbanized areas.--
                Amounts that are apportioned or allocated to a 
                State under subsection (b)(3) (as in effect on 
                the day before the date of enactment of the 
                MAP-21) or subsection (b)(2) and attributed to 
                an urbanized area of a State with a population 
                of more than 200,000 individuals under section 
                133(d) may be transferred under this paragraph 
                only if the metropolitan planning organization 
                designated for the area concurs, in writing, 
                with the transfer request.
          (4) Transfer of obligation authority.--Obligation 
        authority for amounts transferred under this subsection 
        shall be transferred in the same manner and amount as 
        the amounts for the projects that are transferred under 
        this section.
  [(g) Report to Congress.--For each fiscal year, the Secretary 
shall make available to the public, in a user-friendly format 
via the Internet, a report that describes--
          [(1) the amount obligated, by each State, for 
        Federal-aid highways and highway safety construction 
        programs during the preceding fiscal year;
          [(2) the balance, as of the last day of the preceding 
        fiscal year, of the unobligated apportionment of each 
        State by fiscal year under this section;
          [(3) the balance of unobligated sums available for 
        expenditure at the discretion of the Secretary for such 
        highways and programs for the fiscal year; and
          [(4) the rates of obligation of funds apportioned or 
        set aside under this section, according to--
                  [(A) program;
                  [(B) funding category of subcategory;
                  [(C) type of improvement;
                  [(D) State; and
                  [(E) sub-State geographical area, including 
                urbanized and rural areas, on the basis of the 
                population of each such area.]
  (g) Highway Trust Fund Transparency and Accountability 
Reports.--
          (1) Compilation of data.--The Secretary shall compile 
        data in accordance with this subsection on the use of 
        Federal-aid highway funds made available under this 
        title.
          (2) Requirements.--The Secretary shall ensure that 
        the reports required under this subsection are made 
        available in a user-friendly manner on the public 
        Internet Web site of the Department and can be searched 
        and downloaded by users of the Web site.
          (3) Contents of reports.--
                  (A) Apportioned and allocated programs.--On a 
                semiannual basis, the Secretary shall make 
                available a report on funding apportioned and 
                allocated to the States under this title that 
                describes--
                          (i) the amount of funding obligated 
                        by each State, year-to-date, for the 
                        current fiscal year;
                          (ii) the amount of funds remaining 
                        available for obligation by each State;
                          (iii) changes in the obligated, 
                        unexpended balance for each State, 
                        year-to-date, during the current fiscal 
                        year, including the obligated, 
                        unexpended balance at the end of the 
                        preceding fiscal year and current 
                        fiscal year expenditures;
                          (iv) the amount and program category 
                        of unobligated funding, year-to-date, 
                        available for expenditure at the 
                        discretion of the Secretary;
                          (v) the rates of obligation on and 
                        off the National Highway System, year-
                        to-date, for the current fiscal year of 
                        funds apportioned, allocated, or set 
                        aside under this section, according 
                        to--
                                  (I) program;
                                  (II) funding category or 
                                subcategory;
                                  (III) type of improvement;
                                  (IV) State; and
                                  (V) sub-State geographical 
                                area, including urbanized and 
                                rural areas, on the basis of 
                                the population of each such 
                                area; and
                          (vi) the amount of funds transferred 
                        by each State, year-to-date, for the 
                        current fiscal year between programs 
                        under section 126.
                  (B) Project data.--On an annual basis, the 
                Secretary shall make available a report that, 
                to the maximum extent possible, provides 
                project-specific data describing--
                          (i) for all projects funded under 
                        this title (excluding projects for 
                        which funds are transferred to agencies 
                        other than the Federal Highway 
                        Administration)--
                                  (I) the specific location of 
                                the project;
                                  (II) the total cost of the 
                                project;
                                  (III) the amount of Federal 
                                funding obligated for the 
                                project;
                                  (IV) the program or programs 
                                from which Federal funds have 
                                been obligated for the project;
                                  (V) the type of improvement 
                                being made; and
                                  (VI) the ownership of the 
                                highway or bridge; and
                          (ii) for any project funded under 
                        this title (excluding projects for 
                        which funds are transferred to agencies 
                        other than the Federal Highway 
                        Administration) with an estimated total 
                        cost as of the start of construction in 
                        excess of $100,000,000, the data 
                        specified under clause (i) and 
                        additional data describing--
                                  (I) whether the project is 
                                located in an area of the State 
                                with a population of--
                                          (aa) less than 5,000 
                                        individuals;
                                          (bb) 5,000 or more 
                                        individuals but less 
                                        than 50,000 
                                        individuals;
                                          (cc) 50,000 or more 
                                        individuals but less 
                                        than 200,000 
                                        individuals; or
                                          (dd) 200,000 or more 
                                        individuals;
                                  (II) the estimated cost of 
                                the project as of the start of 
                                project construction, or the 
                                revised cost estimate based on 
                                a description of revisions to 
                                the scope of work or other 
                                factors affecting project cost 
                                other than cost overruns; and
                                  (III) the amount of non-
                                Federal funds obligated for the 
                                project.
  (h) Supplemental Funds.--
          (1) Supplemental funds for national highway 
        performance program.--
                  (A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the national 
                highway performance program under section 119 
                for that fiscal year an amount equal to--
                          (i) $53,596,122 for fiscal year 2019;
                          (ii) $66,717,816 for fiscal year 
                        2020; and
                          (iii) $79,847,397 for fiscal year 
                        2021.
                  (B) Treatment of funds.--Funds reserved under 
                subparagraph (A) and apportioned to a State 
                under subsection (c) shall be treated as if 
                apportioned under subsection (b)(1), and shall 
                be in addition to amounts apportioned under 
                that subsection.
          (2) Supplemental funds for surface transportation 
        block grant program.--
                  (A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the surface 
                transportation block grant program under 
                section 133 for that fiscal year an amount 
                equal to $819,900,000 pursuant to section 
                133(h), plus--
                          (i) $70,526,310 for fiscal year 2016;
                          (ii) $104,389,904 for fiscal year 
                        2017;
                          (iii) $148,113,536 for fiscal year 
                        2018;
                          (iv) $160,788,367 for fiscal year 
                        2019;
                          (v) $200,153,448 for fiscal year 
                        2020; and
                          (vi) $239,542,191 for fiscal year 
                        2021.
                  (B) Treatment of funds.--Funds reserved under 
                subparagraph (A) and apportioned to a State 
                under subsection (c) shall be treated as if 
                apportioned under subsection (b)(2), and shall 
                be in addition to amounts apportioned under 
                that subsection.
  (i) Base Apportionment Defined.--In this section, the term 
``base apportionment'' means--
          (1) the combined amount authorized for appropriation 
        for the national highway performance program under 
        section 119, the surface transportation block grant 
        program under section 133, the highway safety 
        improvement program under section 148, the congestion 
        mitigation and air quality improvement program under 
        section 149, and to carry out section 134; minus
          (2) supplemental funds reserved under subsection (h) 
        for the national highway performance program and the 
        surface transportation block grant program.

Sec. 105. Adjustments to contract authority

  (a) Calculation.--
          (1) In general.--The President shall include in each 
        of the fiscal year 2017 through 2021 budget submissions 
        to Congress under section 1105(a) of title 31, for each 
        of the Highway Account and the Mass Transit Account, a 
        calculation of the difference between--
                  (A) the actual level of monies deposited in 
                that account for the most recently completed 
                fiscal year; and
                  (B) the estimated level of receipts for that 
                account for the most recently completed fiscal 
                year, as specified in paragraph (2).
          (2) Estimate.--The estimated level of receipts 
        specified in this paragraph are--
                  (A) for the Highway Account--
                          (i) for fiscal year 2015, 
                        $35,067,000,000;
                          (ii) for fiscal year 2016, 
                        $35,498,000,000;
                          (iii) for fiscal year 2017, 
                        $35,879,000,000;
                          (iv) for fiscal year 2018, 
                        $36,084,000,000; and
                          (v) for fiscal year 2019, 
                        $36,117,000,000; and
                  (B) for the Mass Transit Account--
                          (i) for fiscal year 2015, 
                        $4,994,000,000;
                          (ii) for fiscal year 2016, 
                        $5,020,000,000;
                          (iii) for fiscal year 2017, 
                        $5,024,000,000;
                          (iv) for fiscal year 2018, 
                        $5,011,000,000; and
                          (v) for fiscal year 2019, 
                        $4,981,000,000.
  (b) Adjustments to Contract Authority.--
          (1) Additional amounts.--If the difference determined 
        in a budget submission under subsection (a) for a 
        fiscal year for the Highway Account or the Mass Transit 
        Account is greater than zero, the Secretary shall on 
        October 1 of the budget year of that submission--
                  (A) make available for programs authorized 
                from such account for the budget year a total 
                amount equal to--
                          (i) the amount otherwise authorized 
                        to be appropriated for such programs 
                        for such budget year; plus
                          (ii) an amount equal to such 
                        difference; and
                  (B) distribute the additional amount under 
                subparagraph (A)(ii) to each of such programs 
                in accordance with subsection (c).
          (2) Reduction.--If the difference determined in a 
        budget submission under subsection (a) for a fiscal 
        year for the Highway Account or the Mass Transit 
        Account is less than zero, the Secretary shall on 
        October 1 of the budget year of that submission--
                  (A) make available for programs authorized 
                from such account for the budget year a total 
                amount equal to--
                          (i) the amount otherwise authorized 
                        to be appropriated for such programs 
                        for such budget year; minus
                          (ii) an amount equal to such 
                        difference; and
                  (B) apply the total adjustment under 
                subparagraph (A)(ii) to each of such programs 
                in accordance with subsection (c).
  (c) Distribution of Adjustment Among Programs.--
          (1) In general.--In making an adjustment for the 
        Highway Account or the Mass Transit Account for a 
        budget year under subsection (b), the Secretary shall--
                  (A) determine the ratio that--
                          (i) the amount authorized to be 
                        appropriated for a program from the 
                        account for the budget year; bears to
                          (ii) the total amount authorized to 
                        be appropriated for such budget year 
                        for all programs under such account;
                  (B) multiply the ratio determined under 
                subparagraph (A) by the applicable difference 
                calculated under subsection (a); and
                  (C) adjust the amount that the Secretary 
                would otherwise have allocated for the program 
                for such budget year by the amount calculated 
                under subparagraph (B).
          (2) Formula programs.--For a program for which funds 
        are distributed by formula, the Secretary shall add or 
        subtract the adjustment to the amount authorized for 
        the program but for this section and make available the 
        adjusted program amount for such program in accordance 
        with such formula.
          (3) Availability for obligation.--Adjusted amounts 
        under this subsection shall be available for obligation 
        and administered in the same manner as other amounts 
        made available for the program for which the amount is 
        adjusted.
  (d) Exclusion of Emergency Relief Program and Covered 
Administrative Expenses.--The Secretary shall exclude the 
emergency relief program under section 125 and covered 
administrative expenses from--
          (1) an adjustment of funding under subsection (c)(1); 
        and
          (2) any calculation under subsection (b) or (c) 
        related to such an adjustment.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated from the appropriate account or accounts of the 
Highway Trust Fund an amount equal to the amounts calculated 
under subsection (a) for each of fiscal years 2017 through 
2021.
  (f) Revision to Obligation Limitations.--
          (1) In general.--If the Secretary makes an adjustment 
        under subsection (b) for a fiscal year to an amount 
        subject to a limitation on obligations imposed by 
        section 1102 or 3017 of the Surface Transportation 
        Reauthorization and Reform Act of 2015--
                  (A) such limitation on obligations for such 
                fiscal year shall be revised by an amount equal 
                to such adjustment; and
                  (B) the Secretary shall distribute such 
                limitation on obligations, as revised under 
                subparagraph (A), in accordance with such 
                sections.
          (2) Exclusion of covered administrative expenses.--
        The Secretary shall exclude covered administrative 
        expenses from--
                  (A) any calculation relating to a revision of 
                a limitation on obligations under paragraph 
                (1)(A); and
                  (B) any distribution of a revised limitation 
                on obligations under paragraph (1)(B).
  (g) Definitions.--In this section, the following definitions 
apply:
          (1) Budget year.--The term ``budget year'' means the 
        fiscal year for which a budget submission referenced in 
        subsection (a)(1) is submitted.
          (2) Covered administrative expenses.--The term 
        ``covered administrative expenses'' means the 
        administrative expenses of--
                  (A) the Federal Highway Administration, as 
                authorized under section 104(a);
                  (B) the National Highway Traffic Safety 
                Administration, as authorized under section 
                4001(a)(6) of the Surface Transportation 
                Reauthorization and Reform Act of 2015; and
                  (C) the Federal Motor Carrier Safety 
                Administration, as authorized under section 
                31110 of title 49.
          (3) Highway account.--The term ``Highway Account'' 
        means the portion of the Highway Trust Fund that is not 
        the Mass Transit Account.
          (4) Mass transit account.--The term ``Mass Transit 
        Account'' means the Mass Transit Account of the Highway 
        Trust Fund established under section 9503(e)(1) of the 
        Internal Revenue Code of 1986.

Sec. 106. Project approval and oversight

  (a) In General.--
          (1) Submission of plans, specifications, and 
        estimates.--Except as otherwise provided in this 
        section, each State transportation department shall 
        submit to the Secretary for approval such plans, 
        specifications, and estimates for each proposed project 
        as the Secretary may require.
          (2) Project agreement.--The Secretary shall act on 
        the plans, specifications, and estimates as soon as 
        practicable after the date of their submission and 
        shall enter into a formal project agreement with the 
        State transportation department recipient formalizing 
        the conditions of the project approval.
          (3) Contractual obligation.--The execution of the 
        project agreement shall be deemed a contractual 
        obligation of the Federal Government for the payment of 
        the Federal share of the cost of the project.
          (4) Guidance.--In taking action under this 
        subsection, the Secretary shall be guided by section 
        109.
  (b) Project Agreement.--
          (1) Provision of State funds.--The project agreement 
        shall make provision for State funds required to pay 
        the State's non-Federal share of the cost of 
        construction of the project (including payments made 
        pursuant to a long-term concession agreement, such as 
        availability payments) and to pay for maintenance of 
        the project after completion of construction.
          (2) Representations of State.--If a part of the 
        project is to be constructed at the expense of, or in 
        cooperation with, political subdivisions of the State, 
        the Secretary may rely on representations made by the 
        State transportation department with respect to the 
        arrangements or agreements made by the State 
        transportation department and appropriate local 
        officials for ensuring that the non-Federal 
        contribution will be provided under paragraph (1).
  (c) Assumption by States of Responsibilities of the 
Secretary.--
          (1) NHS projects.--For projects under this title that 
        are on the National Highway System, including projects 
        on the Interstate System, the State may assume the 
        responsibilities of the Secretary under this title for 
        design, plans, specifications, estimates, contract 
        awards, and inspections with respect to the projects 
        unless the Secretary determines that the assumption is 
        not appropriate.
          (2) Non-NHS projects.--For projects under this title 
        that are not on the National Highway System, the State 
        shall assume the responsibilities of the Secretary 
        under this title for design, plans, specifications, 
        estimates, contract awards, and inspection of projects, 
        unless the State determines that such assumption is not 
        appropriate.
          (3) Agreement.--The Secretary and the State shall 
        enter into an agreement relating to the extent to which 
        the State assumes the responsibilities of the Secretary 
        under this subsection.
          (4) Limitation on interstate projects.--
                  (A) In general.--The Secretary shall not 
                assign any responsibilities to a State for 
                projects the Secretary determines to be in a 
                high risk category, as defined under 
                subparagraph (B).
                  (B) High risk categories.--The Secretary may 
                define the high risk categories under this 
                subparagraph on a national basis, a State-by-
                State basis, or a national and State-by-State 
                basis, as determined to be appropriate by the 
                Secretary.
  (d) Responsibilities of the Secretary.--Nothing in this 
section, section 133, or section 149 shall affect or discharge 
any responsibility or obligation of the Secretary under--
          (1) section 113 or 114; or
          (2) any Federal law other than this title (including 
        section 5333 of title 49).
  (e) Value Engineering Analysis.--
          (1) Definition of value engineering analysis.--
                  (A) In general.--In this subsection, the term 
                ``value engineering analysis'' means a 
                systematic process of review and analysis of a 
                project, during the planning and design phases, 
                by a multidisciplinary team of persons not 
                involved in the project, that is conducted to 
                provide recommendations such as those described 
                in subparagraph (B) for--
                          (i) providing the needed functions 
                        safely, reliably, and at the lowest 
                        overall lifecycle cost;
                          (ii) improving the value and quality 
                        of the project; and
                          (iii) reducing the time to complete 
                        the project.
                  (B) Inclusions.--The recommendations referred 
                to in subparagraph (A) include, with respect to 
                a project--
                          (i) combining or eliminating 
                        otherwise inefficient use of costly 
                        parts of the original proposed design 
                        for the project; and
                          (ii) completely redesigning the 
                        project using different technologies, 
                        materials, or methods so as to 
                        accomplish the original purpose of the 
                        project.
          (2) Analysis.--The State shall provide a value 
        engineering analysis for--
                  (A) each project on the National Highway 
                System receiving Federal assistance with an 
                estimated total cost of $50,000,000 or more;
                  (B) a bridge project on the National Highway 
                System receiving Federal assistance with an 
                estimated total cost of $40,000,000 or more; 
                and
                  (C) any other project the Secretary 
                determines to be appropriate.
          (3) Major projects.--The Secretary may require more 
        than 1 analysis described in paragraph (2) for a major 
        project described in subsection (h).
          (4) Requirements.--
                  (A) Value engineering program.--The State 
                shall develop and carry out a value engineering 
                program that--
                          (i) establishes and documents value 
                        engineering program policies and 
                        procedures;
                          (ii) ensures that the required value 
                        engineering analysis is conducted 
                        before completing the final design of a 
                        project;
                          (iii) ensures that the value 
                        engineering analysis that is conducted, 
                        and the recommendations developed and 
                        implemented for each project, are 
                        documented in a final value engineering 
                        report; and
                          (iv) monitors, evaluates, and 
                        annually submits to the Secretary a 
                        report that describes the results of 
                        the value analyses that are conducted 
                        and the recommendations implemented for 
                        each of the projects described in 
                        paragraph (2) that are completed in the 
                        State.
                  (B) Bridge projects.--The value engineering 
                analysis for a bridge project under paragraph 
                (2) shall--
                          (i) include bridge superstructure and 
                        substructure requirements based on 
                        construction material; and
                          (ii) be evaluated by the State--
                                  (I) on engineering and 
                                economic bases, taking into 
                                consideration acceptable 
                                designs for bridges; and
                                  (II) using an analysis of 
                                lifecycle costs and duration of 
                                project construction.
          (5) Design-build projects.--A requirement to provide 
        a value engineering analysis under this subsection 
        shall not apply to a project delivered using the 
        design-build method of construction.
  (f) Life-Cycle Cost Analysis.--
          (1) Use of life-cycle cost analysis.--The Secretary 
        shall develop recommendations for the States to conduct 
        life-cycle cost analyses. The recommendations shall be 
        based on the principles contained in section 2 of 
        Executive Order No. 12893 and shall be developed in 
        consultation with the American Association of State 
        Highway and Transportation Officials. The Secretary 
        shall not require a State to conduct a life-cycle cost 
        analysis for any project as a result of the 
        recommendations required under this subsection.
          (2) Life-cycle cost analysis defined.--In this 
        subsection, the term ``life-cycle cost analysis'' means 
        a process for evaluating the total economic worth of a 
        usable project segment by analyzing initial costs and 
        discounted future costs, such as maintenance, user 
        costs, reconstruction, rehabilitation, restoring, and 
        resurfacing costs, over the life of the project 
        segment.
  (g) Oversight Program.--
          (1) Establishment.--
                  (A) In general.--The Secretary shall 
                establish an oversight program to monitor the 
                effective and efficient use of funds authorized 
                to carry out this title.
                  (B) Minimum requirement.--At a minimum, the 
                program shall be responsive to all areas 
                relating to financial integrity and project 
                delivery.
          (2) Financial integrity.--
                  (A) Financial management systems.--The 
                Secretary shall perform annual reviews that 
                address elements of the State transportation 
                departments' financial management systems that 
                affect projects approved under subsection (a).
                  (B) Project costs.--The Secretary shall 
                develop minimum standards for estimating 
                project costs and shall periodically evaluate 
                the practices of States for estimating project 
                costs, awarding contracts, and reducing project 
                costs.
          (3) Project delivery.--The Secretary shall perform 
        annual reviews that address elements of the project 
        delivery system of a State, which elements include one 
        or more activities that are involved in the life cycle 
        of a project from conception to completion of the 
        project.
          (4) Responsibility of the States.--
                  (A) In general.--The States shall be 
                responsible for determining that subrecipients 
                of Federal funds under this title have--
                          (i) adequate project delivery systems 
                        for projects approved under this 
                        section; and
                          (ii) sufficient accounting controls 
                        to properly manage such Federal funds.
                  (B) Periodic review.--The Secretary shall 
                periodically review the monitoring of 
                subrecipients by the States.
          (5) Specific oversight responsibilities.--
                  (A) Effect of section.--Nothing in this 
                section shall affect or discharge any oversight 
                responsibility of the Secretary specifically 
                provided for under this title or other Federal 
                law.
                  (B) Appalachian development highways.--The 
                Secretary shall retain full oversight 
                responsibilities for the design and 
                construction of all Appalachian development 
                highways under section 14501 of title 40.
  (h) Major Projects.--
          (1) In general.--Notwithstanding any other provision 
        of this section, a recipient of Federal financial 
        assistance for a project under this title with an 
        estimated total cost of $500,000,000 or more, and 
        recipients for such other projects as may be identified 
        by the Secretary, shall submit to the Secretary for 
        each project--
                  (A) a project management plan; and
                  (B) an annual financial plan, including a 
                phasing plan when applicable.
          (2) Project management plan.--A project management 
        plan shall document--
                  (A) the procedures and processes that are in 
                effect to provide timely information to the 
                project decisionmakers to effectively manage 
                the scope, costs, schedules, and quality of, 
                and the Federal requirements applicable to, the 
                project; and
                  (B) the role of the agency leadership and 
                management team in the delivery of the project.
          (3) Financial plan.--A financial plan--
                  (A) shall be based on detailed estimates of 
                the cost to complete the project;
                  (B) shall provide for the annual submission 
                of updates to the Secretary that are based on 
                reasonable assumptions, as determined by the 
                Secretary, of future increases in the cost to 
                complete the project;
                  (C) may include a phasing plan that 
                identifies fundable incremental improvements or 
                phases that will address the purpose and the 
                need of the project in the short term in the 
                event there are insufficient financial 
                resources to complete the entire project. If a 
                phasing plan is adopted for a project pursuant 
                to this section, the project shall be deemed to 
                satisfy the fiscal constraint requirements in 
                the statewide and metropolitan planning 
                requirements in sections 134 and 135; and
                  (D) shall assess the appropriateness of a 
                public-private partnership to deliver the 
                project.
  (i) Other Projects.--A recipient of Federal financial 
assistance for a project under this title with an estimated 
total cost of $100,000,000 or more that is not covered by 
subsection (h) shall prepare an annual financial plan. Annual 
financial plans prepared under this subsection shall be made 
available to the Secretary for review upon the request of the 
Secretary.
  (j) Use of Advanced Modeling Technologies.--
          (1) Definition of advanced modeling technology.--In 
        this subsection, the term ``advanced modeling 
        technology'' means an available or developing 
        technology, including 3-dimensional digital modeling, 
        that can--
                  (A) accelerate and improve the environmental 
                review process;
                  (B) increase effective public participation;
                  (C) enhance the detail and accuracy of 
                project designs;
                  (D) increase safety;
                  (E) accelerate construction, and reduce 
                construction costs; or
                  (F) otherwise expedite project delivery with 
                respect to transportation projects that receive 
                Federal funding.
          (2) Program.--With respect to transportation projects 
        that receive Federal funding, the Secretary shall 
        encourage the use of advanced modeling technologies 
        during environmental, planning, financial management, 
        design, simulation, and construction processes of the 
        projects.
          (3) Activities.--In carrying out paragraph (2), the 
        Secretary shall--
                  (A) compile information relating to advanced 
                modeling technologies, including industry best 
                practices with respect to the use of the 
                technologies;
                  (B) disseminate to States information 
                relating to advanced modeling technologies, 
                including industry best practices with respect 
                to the use of the technologies; and
                  (C) promote the use of advanced modeling 
                technologies.
          (4) Comprehensive plan.--The Secretary shall develop 
        and publish on the public website of the Department of 
        Transportation a detailed and comprehensive plan for 
        the implementation of paragraph (2).

           *       *       *       *       *       *       *


Sec. 108. Advance acquisition of real property

  (a) In General.--
          (1) Availability of funds.--For the purpose of 
        facilitating the timely and economical acquisition of 
        real property interests for a transportation 
        improvement eligible for funding under this title, the 
        Secretary, upon the request of a State, may make 
        available, for the acquisition of real property 
        interests, such funds apportioned to the State as may 
        be expended on the transportation improvement, under 
        such rules and regulations as the Secretary may issue.
          (2) Construction.--The agreement between the 
        Secretary and the State for the reimbursement of the 
        cost of the real property interests shall provide for 
        the actual construction of the transportation 
        improvement within a period not to exceed 20 years 
        following the fiscal year for which the request is 
        made, unless the Secretary determines that a longer 
        period is reasonable.
  (b) Federal participation in the cost of real property 
interests acquired under subsection (a) of this section shall 
not exceed the Federal pro rata share applicable to the class 
of funds from which Federal reimbursement is made.
  (c) State-funded Early Acquisition of Real Property 
Interests.--
          (1) In general.--A State may carry out, at the 
        expense of the State, acquisitions of interests in real 
        property for a project before completion of the review 
        process required for the project under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) without affecting subsequent approvals required 
        for the project by the State or any Federal agency.
          (2) Eligibility for reimbursement.--Subject to 
        paragraph (3), funds apportioned to a State under this 
        title may be used to participate in the payment of--
                  (A) costs incurred by the State for 
                acquisition of real property interests, 
                acquired in advance of any Federal approval or 
                authorization, if the real property interests 
                are subsequently incorporated into a project 
                eligible for [surface transportation program] 
                surface transportation block grant program 
                funds; and
                  (B) costs incurred by the State for the 
                acquisition of land necessary to preserve 
                environmental and scenic values.
          (3) Terms and conditions.--The Federal share payable 
        of the costs described in paragraph (2) shall be 
        eligible for reimbursement out of funds apportioned to 
        a State under this title when the real property 
        interests acquired are incorporated into a project 
        eligible for [surface transportation program] surface 
        transportation block grant program funds, if the State 
        demonstrates to the Secretary and the Secretary finds 
        that--
                  (A) any land acquired, and relocation 
                assistance provided, complied with the Uniform 
                Relocation Assistance and Real Property 
                Acquisition Policies Act of 1970;
                  (B) the requirements of title VI of the Civil 
                Rights Act of 1964 have been complied with;
                  (C) the State has a mandatory comprehensive 
                and coordinated land use, environment, and 
                transportation planning process under State law 
                and the acquisition is certified by the 
                Governor as consistent with the State plans 
                before the acquisition;
                  (D) the acquisition is determined in advance 
                by the Governor to be consistent with the State 
                transportation planning process pursuant to 
                section 135 of this title;
                  (E) the alternative for which the real 
                property interest is acquired is selected by 
                the State pursuant to regulations to be issued 
                by the Secretary which provide for the 
                consideration of the environmental impacts of 
                various alternatives;
                  (F) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                environmental compliance pursuant to the 
                National Environmental Policy Act has been 
                completed for the project for which the real 
                property interest was acquired by the State, 
                and the acquisition has been approved by the 
                Secretary under this Act, and in compliance 
                with section 303 of title 49, section 7 of the 
                Endangered Species Act, and all other 
                applicable environmental laws shall be 
                identified by the Secretary in regulations; and
                  (G) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                the Secretary has determined that the property 
                acquired in advance of Federal approval or 
                authorization did not influence the 
                environmental assessment of the project, the 
                decision relative to the need to construct the 
                project, or the selection of the project design 
                or location.
  (d) Federally Funded Early Acquisition of Real Property 
Interests.--
          (1) Definition of acquisition of a real property 
        interest.--In this subsection, the term ``acquisition 
        of a real property interest'' includes the acquisition 
        of--
                  (A) any interest in land;
                  (B) a contractual right to acquire any 
                interest in land; or
                  (C) any other similar action to acquire or 
                preserve rights-of-way for a transportation 
                facility.
          (2) Authorization.--The Secretary may authorize the 
        use of funds apportioned to a State under this title 
        for the acquisition of a real property interest by a 
        State.
          (3) State certification.--A State requesting Federal 
        funding for an acquisition of a real property interest 
        shall certify in writing, with concurrence by the 
        Secretary, that--
                  (A) the State has authority to acquire the 
                real property interest under State law; and
                  (B) the acquisition of the real property 
                interest--
                          (i) is for a transportation purpose;
                          (ii) will not cause any significant 
                        adverse environmental impact;
                          (iii) will not limit the choice of 
                        reasonable alternatives for the project 
                        or otherwise influence the decision of 
                        the Secretary on any approval required 
                        for the project;
                          (iv) does not prevent the lead agency 
                        from making an impartial decision as to 
                        whether to accept an alternative that 
                        is being considered in the 
                        environmental review process;
                          (v) is consistent with the State 
                        transportation planning process under 
                        section 135;
                          (vi) complies with other applicable 
                        Federal laws (including regulations);
                          (vii) will be acquired through 
                        negotiation, without the threat of 
                        condemnation; and
                          (viii) will not result in a reduction 
                        or elimination of benefits or 
                        assistance to a displaced person 
                        required by the Uniform Relocation 
                        Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 
                        U.S.C. 4601 et seq.) and title VI of 
                        the Civil Rights Act of 1964 (42 U.S.C. 
                        2000d et seq.).
          (4) Environmental compliance.--
                  (A) In general.--Before authorizing Federal 
                funding for an acquisition of a real property 
                interest, the Secretary shall complete the 
                review process under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                with respect to the acquisition of the real 
                property interest.
                  (B) Independent utility.--The acquisition of 
                a real property interest--
                          (i) shall be treated as having 
                        independent utility for purposes of the 
                        review process under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.); and
                          (ii) shall not limit consideration of 
                        alternatives for future transportation 
                        improvements with respect to the real 
                        property interest.
          (5) Programming.--
                  (A) In general.--The acquisition of a real 
                property interest for which Federal funding is 
                requested shall be included as a project in an 
                applicable transportation improvement program 
                under sections 134 and 135 and sections 5303 
                and 5304 of title 49.
                  (B) Acquisition project.--The acquisition 
                project may consist of the acquisition of a 
                specific parcel, a portion of a transportation 
                corridor, or an entire transportation corridor.
          (6) Development.--Real property interests acquired 
        under this subsection may not be developed in 
        anticipation of a project until all required 
        environmental reviews for the project have been 
        completed.
          (7) Reimbursement.--If Federal-aid reimbursement is 
        made for real property interests acquired early under 
        this section and the real property interests are not 
        subsequently incorporated into a project eligible for 
        surface transportation funds within the time allowed by 
        subsection (a)(2), the Secretary shall offset the 
        amount reimbursed against funds apportioned to the 
        State.
          (8) Other requirements and conditions.--
                  (A) Applicable law.--The acquisition of a 
                real property interest shall be carried out in 
                compliance with all requirements applicable to 
                the acquisition of real property interests for 
                federally funded transportation projects.
                  (B) Additional conditions.--The Secretary may 
                establish such other conditions or restrictions 
                on acquisitions under this subsection as the 
                Secretary determines to be appropriate.

Sec. 109. Standards

  (a) In General.--The Secretary shall ensure that the plans 
and specifications for each proposed highway project under this 
chapter provide for a facility that will--
          (1) adequately serve the existing and planned future 
        traffic of the highway in a manner that is conducive to 
        safety, durability, and economy of maintenance; and
          (2) be designed and constructed in accordance with 
        criteria best suited to accomplish the objectives 
        described in paragraph (1) and to conform to the 
        particular needs of each locality.
  (b) The geometric and construction standards to be adopted 
for the Interstate System shall be those approved by the 
Secretary in cooperation with the State transportation 
departments. Such standards, as applied to each actual 
construction project, shall be adequate to enable such project 
to accommodate the types and volumes of traffic anticipated for 
such project for the twenty-year period commencing on the date 
of approval by the Secretary, under section 106 of this title, 
of the plans, specifications, and estimates for actual 
construction of such project. Such standards shall in all cases 
provide for at least four lanes of traffic. The right-of-way 
width of the Interstate System shall be adequate to permit 
construction of projects on the Interstate System to such 
standards. The Secretary shall apply such standards uniformly 
throughout all the States.
  (c) Design Criteria for National Highway System.--
          (1) In general.--A design for new construction, 
        reconstruction, resurfacing (except for maintenance 
        resurfacing), restoration, or rehabilitation of a 
        highway on the National Highway System (other than a 
        highway also on the Interstate System) [may take into 
        account] shall consider, in addition to the criteria 
        described in subsection (a)--
                  (A) the constructed and natural environment 
                of the area;
                  (B) the environmental, scenic, aesthetic, 
                historic, community, and preservation impacts 
                of the activity; [and]
                  (C) cost savings by utilizing flexibility 
                that exists in current design guidance and 
                regulations; and
                  [(C)] (D) access for other modes of 
                transportation.
          (2) Development of criteria.--The Secretary, in 
        cooperation with State transportation departments, may 
        develop criteria to implement paragraph (1). In 
        developing criteria under this paragraph, the Secretary 
        shall consider--
                  (A) the results of the committee process of 
                the American Association of State Highway and 
                Transportation Officials as used in adopting 
                and publishing ``A Policy on Geometric Design 
                of Highways and Streets'', including comments 
                submitted by interested parties as part of such 
                process;
                  (B) the publication entitled ``Flexibility in 
                Highway Design'' of the Federal Highway 
                Administration;
                  (C) ``Eight Characteristics of Process to 
                Yield Excellence and the Seven Qualities of 
                Excellence in Transportation Design'' developed 
                by the conference held during 1998 entitled 
                ``Thinking Beyond the Pavement National 
                Workshop on Integrating Highway Development 
                with Communities and the Environment while 
                Maintaining Safety and Performance''; [and]
                  (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
                  [(D)] (F) any other material that the 
                Secretary determines to be appropriate.
  (d) On any highway project in which Federal funds hereafter 
participate, or on any such project constructed since December 
20, 1944, the location, form and character of informational, 
regulatory and warning signs, curb and pavement or other 
markings, and traffic signals installed or placed by any public 
authority or other agency, shall be subject to the approval of 
the State transportation department with the concurrence of the 
Secretary, who is directed to concur only in such installations 
as will promote the safe and efficient utilization of the 
highways.
  (e) Installation of Safety Devices.--
          (1) Highway and railroad grade crossings and 
        drawbridges.--No funds shall be approved for 
        expenditure on any Federal-aid highway, or highway 
        affected under chapter 2 of this title, unless proper 
        safety protective devices complying with safety 
        standards determined by the Secretary at that time as 
        being adequate shall be installed or be in operation at 
        any highway and railroad grade crossing or drawbridge 
        on that portion of the highway with respect to which 
        such expenditures are to be made.
          (2) Temporary traffic control devices.--No funds 
        shall be approved for expenditure on any Federal-aid 
        highway, or highway affected under chapter 2, unless 
        proper temporary traffic control devices to improve 
        safety in work zones will be installed and maintained 
        during construction, utility, and maintenance 
        operations on that portion of the highway with respect 
        to which such expenditures are to be made. Installation 
        and maintenance of the devices shall be in accordance 
        with the Manual on Uniform Traffic Control Devices.
  (f) The Secretary shall not, as a condition precedent to his 
approval under section 106 of this title, require any State to 
acquire title to, or control of, any marginal land along the 
proposed highway in addition to that reasonably necessary for 
road surfaces, median strips, bikeways, pedestrian walkways, 
gutters, ditches, and side slopes, and of sufficient width to 
provide service roads for adjacent property to permit safe 
access at controlled locations in order to expedite traffic, 
promote safety, and minimize roadside parking.
  (g) Not later than January 30, 1971, the Secretary shall 
issue guidelines for minimizing possible soil erosion from 
highway construction. Such guidelines shall apply to all 
proposed projects with respect to which plans, specifications, 
and estimates are approved by the Secretary after the issuance 
of such guidelines.
  (h) Not later than July 1, 1972, the Secretary, after 
consultation with appropriate Federal and State officials, 
shall submit to Congress, and not later than 90 days after such 
submission, promulgate guidelines designed to assure that 
possible adverse economic, social, and environmental effects 
relating to any proposed project on any Federal-aid system have 
been fully considered in developing such project, and that the 
final decisions on the project are made in the best overall 
public interest, taking into consideration the need for fast, 
safe and efficient transportation, public services, and the 
costs of eliminating or minimizing such adverse effects and the 
following:
          (1) air, noise, and water pollution;
          (2) destruction or disruption of man-made and natural 
        resources, aesthetic values, community cohesion and the 
        availability of public facilities and services;
          (3) adverse employment effects, and tax and property 
        value losses;
          (4) injurious displacement of people, businesses and 
        farms; and
          (5) disruption of desirable community and regional 
        growth.
Such guidelines shall apply to all proposed projects with 
respect to which plans, specifications, and estimates are 
approved by the Secretary after the issuance of such 
guidelines.
  (i) The Secretary, after consultation with appropriate 
Federal, State, and local officials, shall develop and 
promulgate standards for highway noise levels compatible with 
different land uses and after July 1, 1972, shall not approve 
plans and specifications for any proposed project on any 
Federal-aid system for which location approval has not yet been 
secured unless he determines that such plans and specifications 
include adequate measures to implement the appropriate noise 
level standards. The Secretary, after consultation with the 
Administrator of the Environmental Protection Agency and 
appropriate Federal, State, and local officials, may promulgate 
standards for the control of highway noise levels for highways 
on any Federal-aid system for which project approval has been 
secured prior to July 1, 1972. The Secretary may approve any 
project on a Federal-aid system to which noise-level standards 
are made applicable under the preceding sentence for the 
purpose of carrying out such standards. Such project may 
include, but is not limited to, the acquisition of additional 
rights-of-way, the construction of physical barriers, and 
landscaping. Sums apportioned for the Federal-aid system on 
which such project will be located shall be available to 
finance the Federal share of such project. Such project shall 
be deemed a highway project for all purposes of this title.
  (j) The Secretary, after consultation with the Administrator 
of the Environmental Protection Agency, shall develop and 
promulgate guidelines to assure that highways constructed 
pursuant to this title are consistent with any approved plan 
for--
          (1) the implementation of a national ambient air 
        quality standard for each pollutant for which an area 
        is designated as a nonattainment area under section 
        107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
          (2) the maintenance of a national ambient air quality 
        standard in an area that was designated as a 
        nonattainment area but that was later redesignated by 
        the Administrator as an attainment area for the 
        standard and that is required to develop a maintenance 
        plan under section 175A of the Clean Air Act (42 U.S.C. 
        7505a).
  (k) The Secretary shall not approve any project involving 
approaches to a bridge under this title, if such project and 
bridge will significantly affect the traffic volume and the 
highway system of a contiguous State without first taking into 
full consideration the views of that State.
  (l)(1) In determining whether any right-of-way on any 
Federal-aid highway should be used for accommodating any 
utility facility, the Secretary shall--
          (A) first ascertain the effect such use will have on 
        highway and traffic safety, since in no case shall any 
        use be authorized or otherwise permitted, under this or 
        any other provision of law, which would adversely 
        affect safety;
          (B) evaluate the direct and indirect environmental 
        and economic effects of any loss of productive 
        agricultural land or any impairment of the productivity 
        of any agricultural land which would result from the 
        disapproval of the use of such right-of-way for the 
        accommodation of such utility facility; and
          (C) consider such environmental and economic effects 
        together with any interference with or impairment of 
        the use of the highway in such right-of-way which would 
        result from the use of such right-of-way for the 
        accommodation of such utility facility.
  (2) For the purpose of this subsection--
          (A) the term ``utility facility'' means any 
        privately, publicly, or cooperatively owned line, 
        facility, or system for producing, transmitting, or 
        distributing communications, power, electricity, light, 
        heat, gas, oil, crude products, water, steam, waste, 
        storm water not connected with highway drainage, or any 
        other similar commodity, including any fire or police 
        signal system or street lighting system, which directly 
        or indirectly serves the public; and
          (B) the term ``right-of-way'' means any real 
        property, or interest therein, acquired, dedicated, or 
        reserved for the construction, operation, and 
        maintenance of a highway.
  (m) Protection of Nonmotorized Transportation Traffic.--The 
Secretary shall not approve any project or take any regulatory 
action under this title that will result in the severance of an 
existing major route or have significant adverse impact on the 
safety for nonmotorized transportation traffic and light 
motorcycles, unless such project or regulatory action provides 
for a reasonable alternate route or such a route exists.
  (n) It is the intent of Congress that any project for 
resurfacing, restoring, or rehabilitating any highway, other 
than a highway access to which is fully controlled, in which 
Federal funds participate shall be constructed in accordance 
with standards to preserve and extend the service life of 
highways and enhance highway safety.
  (o) Compliance With State Laws for Non-NHS Projects.--
Projects (other than highway projects on the National Highway 
System) shall be designed, constructed, operated, and 
maintained in accordance with State laws, regulations, 
directives, safety standards, design standards, and 
construction standards.
  (p) Scenic and Historic Values.--Notwithstanding subsections 
(b) and (c), the Secretary may approve a project for the 
National Highway System if the project is designed to--
          (1) allow for the preservation of environmental, 
        scenic, or historic values;
          (2) ensure safe use of the facility; and
          (3) comply with subsection (a).
  (q) Phase Construction.--Safety considerations for a project 
under this title may be met by phase construction consistent 
with the operative safety management system established in 
accordance with a statewide transportation improvement program 
approved by the Secretary.
  (r) Pavement Markings.--The Secretary shall not approve any 
pavement markings project that includes the use of glass beads 
containing more than 200 parts per million of arsenic or lead, 
as determined in accordance with Environmental Protection 
Agency testing methods 3052, 6010B, or 6010C.

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Sec. 117. Nationally significant freight and highway projects

  (a) Establishment.--There is established a nationally 
significant freight and highway projects program to provide 
financial assistance for projects of national or regional 
significance that will--
          (1) improve the safety, efficiency, and reliability 
        of the movement of freight and people;
          (2) generate national or regional economic benefits 
        and an increase in the global economic competitiveness 
        of the United States;
          (3) reduce highway congestion and bottlenecks;
          (4) improve connectivity between modes of freight 
        transportation; or
          (5) enhance the strength, durability, and 
        serviceability of critical highway infrastructure.
  (b) Grant Authority.--In carrying out the program established 
in subsection (a), the Secretary may make grants, on a 
competitive basis, in accordance with this section.
  (c) Eligible Applicants.--
          (1) In general.--The Secretary may make a grant under 
        this section to the following:
                  (A) A State or group of States.
                  (B) A metropolitan planning organization that 
                serves an urbanized area (as defined by the 
                Bureau of the Census) with a population of more 
                than 200,000 individuals.
                  (C) A unit of local government.
                  (D) A special purpose district or public 
                authority with a transportation function, 
                including a port authority.
                  (E) A Federal land management agency that 
                applies jointly with a State or group of 
                States.
          (2) Applications.--To be eligible for a grant under 
        this section, an entity specified in paragraph (1) 
        shall submit to the Secretary an application in such 
        form, at such time, and containing such information as 
        the Secretary determines is appropriate.
  (d) Eligible Projects.--
          (1) In general.--Except as provided in subsection 
        (h), the Secretary may make a grant under this section 
        only for a project that--
                  (A) is--
                          (i) a freight project carried out on 
                        the National Highway Freight Network 
                        established under section 167 of this 
                        title;
                          (ii) a highway or bridge project 
                        carried out on the National Highway 
                        System;
                          (iii) an intermodal or rail freight 
                        project carried out on the National 
                        Multimodal Freight Network established 
                        under section 70103 of title 49; or
                          (iv) a railway-highway grade crossing 
                        or grade separation project; and
                  (B) has eligible project costs that are 
                reasonably anticipated to equal or exceed the 
                lesser of--
                          (i) $100,000,000; or
                          (ii) in the case of a project--
                                  (I) located in 1 State, 30 
                                percent of the amount 
                                apportioned under this chapter 
                                to the State in the most 
                                recently completed fiscal year; 
                                or
                                  (II) located in more than 1 
                                State, 50 percent of the amount 
                                apportioned under this chapter 
                                to the participating State with 
                                the largest apportionment under 
                                this chapter in the most 
                                recently completed fiscal year.
          (2) Limitation.--
                  (A) In general.--Not more than $500,000,000 
                of the amounts made available for grants under 
                this section for fiscal years 2016 through 
                2021, in the aggregate, may be used to make 
                grants for projects described in paragraph 
                (1)(A)(iii) and such a project may only receive 
                a grant under this section if--
                          (i) the project will make a 
                        significant improvement to freight 
                        movements on the National Highway 
                        Freight Network; and
                          (ii) the Federal share of the project 
                        funds only elements of the project that 
                        provide public benefits.
                  (B) Exclusions.--The limitation under 
                subparagraph (A) shall--
                          (i) not apply to a railway-highway 
                        grade crossing or grade separation 
                        project; and
                          (ii) with respect to a multimodal 
                        project, shall apply only to the non-
                        highway portion or portions of the 
                        project.
  (e) Eligible Project Costs.--Grant amounts received for a 
project under this section may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, 
        environmental review, preliminary engineering and 
        design work, and other preconstruction activities; and
          (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to 
        the project and improvements to the land), 
        environmental mitigation, construction contingencies, 
        acquisition of equipment, and operational improvements.
  (f) Project Requirements.--The Secretary may make a grant for 
a project described under subsection (d) only if the relevant 
applicant demonstrates that--
          (1) the project will generate national or regional 
        economic, mobility, or safety benefits;
          (2) the project will be cost effective;
          (3) the project will contribute to the accomplishment 
        of 1 or more of the national goals described under 
        section 150 of this title;
          (4) the project is based on the results of 
        preliminary engineering;
          (5) with respect to related non-Federal financial 
        commitments--
                  (A) 1 or more stable and dependable sources 
                of funding and financing are available to 
                construct, maintain, and operate the project; 
                and
                  (B) contingency amounts are available to 
                cover unanticipated cost increases;
          (6) the project cannot be easily addressed using 
        other funding available to the project sponsor under 
        this chapter; and
          (7) the project is reasonably expected to begin 
        construction not later than 18 months after the date of 
        obligation of funds for the project.
  (g) Additional Considerations.--In making a grant under this 
section, the Secretary shall consider--
          (1) the extent to which a project utilizes 
        nontraditional financing, innovative design and 
        construction techniques, or innovative technologies;
          (2) the amount and source of non-Federal 
        contributions with respect to the proposed project; and
          (3) the need for geographic diversity among grant 
        recipients, including the need for a balance between 
        the needs of rural and urban communities.
  (h) Reserved Amounts.--
          (1) In general.--The Secretary shall reserve not less 
        than 10 percent of the amounts made available for 
        grants under this section each fiscal year to make 
        grants for projects described in subsection 
        (d)(1)(A)(i) that do not satisfy the minimum threshold 
        under subsection (d)(1)(B).
          (2) Grant amount.--Each grant made under this 
        subsection shall be in an amount that is at least 
        $5,000,000.
          (3) Project selection considerations.--In addition to 
        other applicable requirements, in making grants under 
        this subsection the Secretary shall consider--
                  (A) the cost effectiveness of the proposed 
                project; and
                  (B) the effect of the proposed project on 
                mobility in the State and region in which the 
                project is carried out.
          (4) Excess funding.--In any fiscal year in which 
        qualified applications for grants under this subsection 
        will not allow for the amount reserved under paragraph 
        (1) to be fully utilized, the Secretary shall use the 
        unutilized amounts to make other grants under this 
        section.
          (5) Rural areas.--The Secretary shall reserve not 
        less than 20 percent of the amounts made available for 
        grants under this section, including the amounts made 
        available under paragraph (1), each fiscal year to make 
        grants for projects located in rural areas.
  (i) Federal Share.--
          (1) In general.--The Federal share of the cost of a 
        project assisted with a grant under this section may 
        not exceed 50 percent.
          (2) Non-federal share.--Funds apportioned to a State 
        under section 104(b)(1) or 104(b)(2) may be used to 
        satisfy the non-Federal share of the cost of a project 
        for which a grant is made under this section so long as 
        the total amount of Federal funding for the project 
        does not exceed 80 percent of project costs.
  (j) Agreements to Combine Amounts.--Two or more entities 
specified in subsection (c)(1) may combine, pursuant to an 
agreement entered into by the entities, any part of the amounts 
provided to the entities from grants under this section for a 
project for which the relevant grants were made if--
          (1) the agreement will benefit each entity entering 
        into the agreement; and
          (2) the agreement is not in violation of a law of any 
        such entity.
  (k) Treatment of Freight Projects.--Notwithstanding any other 
provision of law, a freight project carried out under this 
section shall be treated as if the project is located on a 
Federal-aid highway.
  (l) TIFIA Program.--At the request of an eligible applicant 
under this section, the Secretary may use amounts awarded to 
the entity to pay subsidy and administrative costs necessary to 
provide the entity Federal credit assistance under chapter 6 
with respect to the project for which the grant was awarded.
  (m) Congressional Notification.--
          (1) Notification.--At least 60 days before making a 
        grant for a project under this section, the Secretary 
        shall notify, in writing, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate of the proposed grant. The 
        notification shall include an evaluation and 
        justification for the project and the amount of the 
        proposed grant award.
          (2) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to 
        fund a project under this section if a joint resolution 
        is enacted disapproving funding for the project before 
        the last day of the 60-day period described in 
        paragraph (1).

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Sec. 119. National highway performance program

  (a) Establishment.--The Secretary shall establish and 
implement a national highway performance program under this 
section.
  (b) Purposes.--The purposes of the national highway 
performance program shall be--
          (1) to provide support for the condition and 
        performance of the National Highway System;
          (2) to provide support for the construction of new 
        facilities on the National Highway System; and
          (3) to ensure that investments of Federal-aid funds 
        in highway construction are directed to support 
        progress toward the achievement of performance targets 
        established in an asset management plan of a State for 
        the National Highway System.
  (c) Eligible Facilities.--Except as provided in subsection 
(d), to be eligible for funding apportioned under section 
104(b)(1) to carry out this section, a facility shall be 
located on the National Highway System, as defined in section 
103.
  (d) Eligible Projects.--Funds apportioned to a State to carry 
out the national highway performance program may be obligated 
only for a project on an eligible facility that is--
          (1)(A) a project or part of a program of projects 
        supporting progress toward the achievement of national 
        performance goals for improving infrastructure 
        condition, safety, mobility, or freight movement on the 
        National Highway System; and
          (B) consistent with sections 134 and 135; and
          (2) for 1 or more of the following purposes:
                  (A) Construction, reconstruction, 
                resurfacing, restoration, rehabilitation, 
                preservation, or operational improvement of 
                segments of the National Highway System.
                  (B) Construction, replacement (including 
                replacement with fill material), 
                rehabilitation, preservation, and protection 
                (including scour countermeasures, seismic 
                retrofits, impact protection measures, security 
                countermeasures, and protection against extreme 
                events) of bridges on the National Highway 
                System.
                  (C) Construction, replacement (including 
                replacement with fill material), 
                rehabilitation, preservation, and protection 
                (including impact protection measures, security 
                countermeasures, and protection against extreme 
                events) of tunnels on the National Highway 
                System.
                  (D) Inspection and evaluation, as described 
                in section 144, of bridges and tunnels on the 
                National Highway System, and inspection and 
                evaluation of other highway infrastructure 
                assets on the National Highway System, 
                including signs and sign structures, earth 
                retaining walls, and drainage structures.
                  (E) Training of bridge and tunnel inspectors, 
                as described in section 144.
                  (F) Construction, rehabilitation, or 
                replacement of existing ferry boats and ferry 
                boat facilities, including approaches, that 
                connect road segments of the National Highway 
                System.
                  (G) Construction, reconstruction, 
                resurfacing, restoration, rehabilitation, and 
                preservation of, and operational improvements 
                for, a Federal-aid highway not on the National 
                Highway System, and construction of a transit 
                project eligible for assistance under chapter 
                53 of title 49, if--
                          (i) the highway project or transit 
                        project is in the same corridor as, and 
                        in proximity to, a fully access- 
                        controlled highway designated as a part 
                        of the National Highway System;
                          (ii) the construction or improvements 
                        will reduce delays or produce travel 
                        time savings on the fully access- 
                        controlled highway described in clause 
                        (i) and improve regional traffic flow; 
                        and
                          (iii) the construction or 
                        improvements are more cost-effective, 
                        as determined by benefit-cost analysis, 
                        than an improvement to the fully 
                        access-controlled highway described in 
                        clause (i).
                  (H) Bicycle transportation and pedestrian 
                walkways in accordance with section 217.
                  (I) Highway safety improvements for segments 
                of the National Highway System.
                  (J) Capital and operating costs for traffic 
                and traveler information monitoring, 
                management, and control facilities and 
                programs.
                  (K) Development and implementation of a State 
                asset management plan for the National Highway 
                System in accordance with this section, 
                including data collection, maintenance, and 
                integration and the cost associated with 
                obtaining, updating, and licensing software and 
                equipment required for risk-based asset 
                management and performance-based management.
                  (L) Infrastructure-based intelligent 
                transportation systems capital improvements.
                  (M) Environmental restoration and pollution 
                abatement in accordance with section 328.
                  (N) Control of noxious weeds and aquatic 
                noxious weeds and establishment of native 
                species in accordance with section 329.
                  (O) Environmental mitigation efforts related 
                to projects funded under this section, as 
                described in subsection (g).
                  (P) Construction of publicly owned intracity 
                or intercity bus terminals servicing the 
                National Highway System.
  (e) State Performance Management.--
          (1) In general.--A State shall develop a risk-based 
        asset management plan for the National Highway System 
        to improve or preserve the condition of the assets and 
        the performance of the system.
          (2) Performance driven plan.--A State asset 
        management plan shall include strategies leading to a 
        program of projects that would make progress toward 
        achievement of the State targets for asset condition 
        and performance of the National Highway System in 
        accordance with section 150(d) and supporting the 
        progress toward the achievement of the national goals 
        identified in section 150(b).
          (3) Scope.--In developing a risk-based asset 
        management plan, the Secretary shall encourage States 
        to include all infrastructure assets within the right-
        of-way corridor in such plan.
          (4) Plan contents.--A State asset management plan 
        shall, at a minimum, be in a form that the Secretary 
        determines to be appropriate and include--
                  (A) a summary listing of the pavement and 
                bridge assets on the National Highway System in 
                the State, including a description of the 
                condition of those assets;
                  (B) asset management objectives and measures;
                  (C) performance gap identification;
                  (D) lifecycle cost and risk management 
                analysis;
                  (E) a financial plan; and
                  (F) investment strategies.
          (5) Requirement for plan.--Notwithstanding section 
        120, with respect to the second fiscal year beginning 
        after the date of establishment of the process 
        established in paragraph (8) or any subsequent fiscal 
        year, if the Secretary determines that a State has not 
        developed and implemented a State asset management plan 
        consistent with this section, the Federal share payable 
        on account of any project or activity carried out by 
        the State in that fiscal year under this section shall 
        be 65 percent.
          (6) Certification of plan development process.--
                  (A) In general.--Not later than 90 days after 
                the date on which a State submits a request for 
                approval of the process used by the State to 
                develop the State asset management plan for the 
                National Highway System, the Secretary shall--
                          (i) review the process; and
                          (ii)(I) certify that the process 
                        meets the requirements established by 
                        the Secretary; or
                          (II) deny certification and specify 
                        actions necessary for the State to take 
                        to correct deficiencies in the State 
                        process.
                  (B) Recertification.--Not less frequently 
                than once every 4 years, the Secretary shall 
                review and recertify that the process used by a 
                State to develop and maintain the State asset 
                management plan for the National Highway System 
                meets the requirements for the process, as 
                established by the Secretary.
                  (C) Opportunity to cure.--If the Secretary 
                denies certification under subparagraph (A), 
                the Secretary shall provide the State with--
                          (i) not less than 90 days to cure the 
                        deficiencies of the plan, during which 
                        time period all penalties and other 
                        legal impacts of a denial of 
                        certification shall be stayed; and
                          (ii) a written statement of the 
                        specific actions the Secretary 
                        determines to be necessary for the 
                        State to cure the plan.
          (7) Performance achievement.--A State that does not 
        achieve or make significant progress toward achieving 
        the targets of the State for performance measures 
        described in section 150(d) for the National Highway 
        System for 2 consecutive reports submitted under [this 
        paragraph] section 150(e) shall include in the next 
        report submitted under section 150(e) a description of 
        the actions the State will undertake to achieve the 
        targets.
          (8) Process.--Not later than 18 months after the date 
        of enactment of the MAP-21, the Secretary shall, by 
        regulation and in consultation with State departments 
        of transportation, establish the process to develop the 
        State asset management plan described in paragraph (1).
  (f) Interstate System and NHS Bridge Conditions.--
          (1) Condition of interstate system.--
                  (A) Penalty.--If, during 2 consecutive 
                reporting periods, the condition of the 
                Interstate System, excluding bridges on the 
                Interstate System, in a State falls below the 
                minimum condition level established by the 
                Secretary under section 150(c)(3), the State 
                shall be required, during the following fiscal 
                year--
                          (i) to obligate, from the amounts 
                        apportioned to the State under section 
                        104(b)(1), an amount that is not less 
                        than the amount of funds apportioned to 
                        the State for fiscal year 2009 under 
                        the Interstate maintenance program for 
                        the purposes described in this section 
                        (as in effect on the day before the 
                        date of enactment of the MAP-21), 
                        except that for each year after fiscal 
                        year 2013, the amount required to be 
                        obligated under this clause shall be 
                        increased by 2 percent over the amount 
                        required to be obligated in the 
                        previous fiscal year; and
                          (ii) to transfer, from the amounts 
                        apportioned to the State under section 
                        104(b)(2) (other than amounts 
                        suballocated to metropolitan areas and 
                        other areas of the State under section 
                        133(d)) to the apportionment of the 
                        State under section 104(b)(1), an 
                        amount equal to 10 percent of the 
                        amount of funds apportioned to the 
                        State for fiscal year 2009 under the 
                        Interstate maintenance program for the 
                        purposes described in this section (as 
                        in effect on the day before the date of 
                        enactment of the MAP-21).
                  (B) Restoration.--The obligation requirement 
                for the Interstate System in a State required 
                by subparagraph (A) for a fiscal year shall 
                remain in effect for each subsequent fiscal 
                year until such time as the condition of the 
                Interstate System in the State exceeds the 
                minimum condition level established by the 
                Secretary.
          (2) Condition of NHS bridges.--
                  (A) Penalty.--If the Secretary determines 
                that, for the 3-year-period preceding the date 
                of the determination, more than 10 percent of 
                the total deck area of bridges in the State on 
                the National Highway System is located on 
                bridges that have been classified as 
                structurally deficient, an amount equal to 50 
                percent of funds apportioned to such State for 
                fiscal year 2009 to carry out section 144 (as 
                in effect the day before enactment of MAP-21) 
                shall be set aside from amounts apportioned to 
                a State for a fiscal year under section 
                104(b)(1) only for eligible projects on bridges 
                on the National Highway System.
                  (B) Restoration.--The set-aside requirement 
                for bridges on the National Highway System in a 
                State under subparagraph (A) for a fiscal year 
                shall remain in effect for each subsequent 
                fiscal year until such time as less than 10 
                percent of the total deck area of bridges in 
                the State on the National Highway System is 
                located on bridges that have been classified as 
                structurally deficient, as determined by the 
                Secretary.
  (g) Environmental Mitigation.--
          (1) Eligible activities.--In accordance with all 
        applicable Federal law (including regulations), 
        environmental mitigation efforts referred to in 
        subsection (d)(2)(O) include participation in natural 
        habitat and wetlands mitigation efforts relating to 
        projects funded under this title, which may include--
                  (A) participation in mitigation banking or 
                other third- party mitigation arrangements, 
                such as--
                          (i) the purchase of credits from 
                        commercial mitigation banks;
                          (ii) the establishment and management 
                        of agency- sponsored mitigation banks; 
                        and
                          (iii) the purchase of credits or 
                        establishment of in- lieu fee 
                        mitigation programs;
                  (B) contributions to statewide and regional 
                efforts to conserve, restore, enhance, and 
                create natural habitats and wetlands; and
                  (C) the development of statewide and regional 
                environmental protection plans, including 
                natural habitat and wetland conservation and 
                restoration plans.
          (2) Inclusion of other activities.--The banks, 
        efforts, and plans described in paragraph (1) include 
        any such banks, efforts, and plans developed in 
        accordance with applicable law (including regulations).
          (3) Terms and conditions.--The following terms and 
        conditions apply to natural habitat and wetlands 
        mitigation efforts under this subsection:
                  (A) Contributions to the mitigation effort 
                may--
                          (i) take place concurrent with, or in 
                        advance of, commitment of funding under 
                        this title to a project or projects; 
                        and
                          (ii) occur in advance of project 
                        construction only if the efforts are 
                        consistent with all applicable 
                        requirements of Federal law (including 
                        regulations) and State transportation 
                        planning processes.
                  (B) Credits from any agency-sponsored 
                mitigation bank that are attributable to 
                funding under this section may be used only for 
                projects funded under this title, unless the 
                agency pays to the Secretary an amount equal to 
                the Federal funds attributable to the 
                mitigation bank credits the agency uses for 
                purposes other than mitigation of a project 
                funded under this title.
          (4) Preference.--At the discretion of the project 
        sponsor, preference shall be given, to the maximum 
        extent practicable, to mitigating an environmental 
        impact through the use of a mitigation bank, in-lieu 
        fee, or other third-party mitigation arrangement, if 
        the use of credits from the mitigation bank or in-lieu 
        fee, or the other third-party mitigation arrangement 
        for the project, is approved by the applicable Federal 
        agency.
  (h) TIFIA Program.--Upon Secretarial approval of credit 
assistance under chapter 6, the Secretary, at the request of a 
State, may allow the State to use funds apportioned under 
section 104(b)(1) to pay subsidy and administrative costs 
necessary to provide an eligible entity Federal credit 
assistance under chapter 6 with respect to a project eligible 
for assistance under this section.
  (i) Additional Funding Eligibility for Certain Bridges.--
          (1) In general.--Funds apportioned to a State to 
        carry out the national highway performance program may 
        be obligated for a project for the reconstruction, 
        resurfacing, restoration, rehabilitation, or 
        preservation of a bridge not on the National Highway 
        System, if the bridge is on a Federal-aid highway.
          (2) Limitation.--A State required to make obligations 
        under subsection (f) shall ensure such requirements are 
        satisfied in order to use the flexibility under 
        paragraph (1).

Sec. 120. Federal share payable

  (a) Interstate System Projects.--
          (1) In general.--Except as otherwise provided in this 
        chapter, the Federal share payable on account of any 
        project on the Interstate System (including a project 
        to add high occupancy vehicle lanes and a project to 
        add auxiliary lanes but excluding a project to add any 
        other lanes) shall be 90 percent of the total cost 
        thereof, plus a percentage of the remaining 10 percent 
        of such cost in any State containing unappropriated and 
        unreserved public lands and nontaxable Indian lands, 
        individual and tribal, exceeding 5 percent of the total 
        area of all lands therein, equal to the percentage that 
        the area of such lands in such State is of its total 
        area; except that such Federal share payable on any 
        project in any State shall not exceed 95 percent of the 
        total cost of such project.
          (2) State-determined lower federal share.--In the 
        case of any project subject to paragraph (1), a State 
        may determine a lower Federal share than the Federal 
        share determined under such paragraph.
  (b) Other Projects.--Except as otherwise provided in this 
title, the Federal share payable on account of any project or 
activity carried out under this title (other than a project 
subject to subsection (a)) shall be--
          (1) 80 percent of the cost thereof, except that in 
        the case of any State containing nontaxable Indian 
        lands, individual and tribal, and public domain lands 
        (both reserved and unreserved) exclusive of national 
        forests and national parks and monuments, exceeding 5 
        percent of the total area of all lands therein, the 
        Federal share, for purposes of this chapter, shall be 
        increased by a percentage of the remaining cost equal 
        to the percentage that the area of all such lands in 
        such State, is of its total area; or
          (2) 80 percent of the cost thereof, except that in 
        the case of any State containing nontaxable Indian 
        lands, individual and tribal, public domain lands (both 
        reserved and unreserved), national forests, and 
        national parks and monuments, the Federal share, for 
        purposes of this chapter, shall be increased by a 
        percentage of the remaining cost equal to the 
        percentage that the area of all such lands in such 
        State is of its total area;
except that the Federal share payable on any project in a State 
shall not exceed 95 percent of the total cost of any such 
project. In any case where a State elects to have the Federal 
share provided in paragraph (2) of this subsection, the State 
must enter into an agreement with the Secretary covering a 
period of not less than 1 year, requiring such State to use 
solely for purposes eligible for assistance under this title 
(other than paying its share of projects approved under this 
title) during the period covered by such agreement the 
difference between the State's share as provided in paragraph 
(2) and what its share would be if it elected to pay the share 
provided in paragraph (1) for all projects subject to such 
agreement. In the case of any project subject to this 
subsection, a State may determine a lower Federal share than 
the Federal share determined under the preceding sentences of 
this subsection.
  (c) Increased Federal Share.--
          (1) Certain safety projects.--The Federal share 
        payable on account of any project for traffic control 
        signalization, maintaining minimum levels of 
        retroreflectivity of highway signs or pavement 
        markings, traffic circles (also known as 
        ``roundabouts''), safety rest areas, pavement marking, 
        shoulder and centerline rumble strips and stripes, 
        commuter carpooling and vanpooling, rail-highway 
        crossing closure, or installation of traffic signs, 
        traffic lights, guardrails, impact attenuators, 
        concrete barrier endtreatments, breakaway utility 
        poles, or priority control systems for emergency 
        vehicles or transit vehicles at signalized 
        intersections may amount to 100 percent of the cost of 
        construction of such projects; except that not more 
        than 10 percent of all sums apportioned for all the 
        Federal-aid programs for any fiscal year in accordance 
        with section 104 of this title shall be used under this 
        subsection. In this subsection, the term ``safety rest 
        area'' means an area where motor vehicle operators can 
        park their vehicles and rest, where food, fuel, and 
        lodging services are not available, and that is located 
        on a segment of highway with respect to which the 
        Secretary determines there is a shortage of public and 
        private areas at which motor vehicle operators can park 
        their vehicles and rest.
          (2) CMAQ projects.--The Federal share payable on 
        account of a project or program carried out under 
        section 149 with funds obligated in fiscal year 2008 or 
        2009, or both, shall be not less than 80 percent and, 
        at the discretion of the State, may be up to 100 
        percent of the cost thereof.
          (3) Innovative project delivery.--
                  (A) In general.--Except as provided in 
                subparagraph (C), the Federal share payable on 
                account of a project, program, or activity 
                carried out with funds apportioned under 
                paragraph (1), (2), or (5) of section 104(b) 
                may, at the discretion of the State, be up to 
                100 percent for any such project, program, or 
                activity that the Secretary determines--
                          (i) contains innovative project 
                        delivery methods that improve work zone 
                        safety for motorists or workers and the 
                        quality of the facility;
                          (ii) contains innovative 
                        technologies, engineering or design 
                        approaches, manufacturing processes, 
                        financing, or contracting methods that 
                        improve the quality of, extend the 
                        service life of, or decrease the long-
                        term costs of maintaining highways and 
                        bridges;
                          (iii) accelerates project delivery 
                        while complying with other applicable 
                        Federal laws (including regulations) 
                        and not causing any significant adverse 
                        environmental impact; or
                          (iv) reduces congestion related to 
                        highway construction.
                  (B) Examples.--Projects, programs, and 
                activities described in subparagraph (A) may 
                include the use of--
                          (i) prefabricated bridge elements and 
                        systems and other technologies to 
                        reduce bridge construction time;
                          (ii) innovative construction 
                        equipment, materials, or techniques, 
                        including the use of in-place recycling 
                        technology and digital 3-dimensional 
                        modeling technologies;
                          (iii) innovative contracting methods, 
                        including the design-build and the 
                        construction manager-general contractor 
                        contracting methods;
                          (iv) intelligent compaction 
                        equipment; [or]
                          (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
                          [(v)] (vi) contractual provisions 
                        that offer a contractor an incentive 
                        payment for early completion of the 
                        project, program, or activity, subject 
                        to the condition that the incentives 
                        are accounted for in the financial plan 
                        of the project, when applicable.
                  (C) Limitations.--
                          (i) In general.--In each fiscal year, 
                        a State may use the authority under 
                        subparagraph (A) for up to 10 percent 
                        of the combined apportionments of the 
                        State under paragraphs (1), (2), and 
                        (5) of section 104(b).
                          (ii) Federal share increase.--The 
                        Federal share payable on account of a 
                        project, program, or activity described 
                        in subparagraph (A) may be increased by 
                        up to 5 percent of the total project 
                        cost.
  (d) The Secretary may rely on a statement from the Secretary 
of the Interior as to the area of the lands referred to in 
subsections (a) and (b) of this section. The Secretary of the 
Interior is authorized and directed to provide such statement 
annually.
  (e) Emergency Relief.--The Federal share payable for any 
repair or reconstruction provided for by funds made available 
under section 125 for any project on a Federal-aid highway, 
including the Interstate System, shall not exceed the Federal 
share payable on a project on the system as provided in 
subsections (a) and (b), except that--
          (1) the Federal share payable for eligible emergency 
        repairs to minimize damage, protect facilities, or 
        restore essential traffic accomplished within 180 days 
        after the actual occurrence of the natural disaster or 
        catastrophic failure may amount to 100 percent of the 
        cost of the repairs;
          (2) the Federal share payable for any repair or 
        reconstruction of Federal land transportation 
        facilities, [Federal land access transportation 
        facilities,] other federally owned roads that are open 
        to public travel, and tribal transportation facilities 
        may amount to 100 percent of the cost of the repair or 
        reconstruction;
          (3) the Secretary shall extend the time period in 
        paragraph (1) taking into consideration any delay in 
        the ability of the State to access damaged facilities 
        to evaluate damage and the cost of repair; and
          (4) the Federal share payable for eligible permanent 
        repairs to restore damaged facilities to predisaster 
        condition may amount to 90 percent of the cost of the 
        repairs if the eligible expenses incurred by the State 
        due to natural disasters or catastrophic failures in a 
        Federal fiscal year exceeds the annual apportionment of 
        the State under section 104 for the fiscal year in 
        which the disasters or failures occurred.
  (f) The Secretary is authorized to cooperate with the State 
transportation departments and with the Department of the 
Interior in the construction of Federal-aid highways within 
Indian reservations and national parks and monuments under the 
jurisdiction of the Department of the Interior and to pay the 
amount assumed therefor from the funds apportioned in 
accordance with section 104 of this title to the State wherein 
the reservations and national parks and monuments are located.
  (g) Notwithstanding any other provision of this section or of 
this title, the Federal share payable on account of any project 
under this title in the Virgin Islands, Guam, American Samoa, 
or the Commonwealth of the Northern Mariana Islands shall be 
100 per centum of the total cost of the project.
  (h) Increased Non-Federal Share.--Notwithstanding any other 
provision of this title and subject to such criteria as the 
Secretary may establish, a State may contribute an amount in 
excess of the non-Federal share of a project under this title 
so as to decrease the Federal share payable on such project.
  (i) Credit for Non-Federal Share.--
          (1) Eligibility.--
                  (A) In general.--A State may use as a credit 
                toward the non-Federal share requirement for 
                any funds made available to carry out this 
                title (other than the emergency relief program 
                authorized by section 125) or chapter 53 of 
                title 49 toll revenues that are generated and 
                used by public, quasi-public, and private 
                agencies to build, improve, or maintain 
                highways, bridges, or tunnels that serve the 
                public purpose of interstate commerce.
                  (B) Special rule for use of Federal funds.--
                If the public, quasi-public, or private agency 
                has built, improved, or maintained the facility 
                using Federal funds, the credit under this 
                paragraph shall be reduced by a percentage 
                equal to the percentage of the total cost of 
                building, improving, or maintaining the 
                facility that was derived from Federal funds.
                  (C) Federal funds defined.--In this 
                paragraph, the term ``Federal funds'' does not 
                include loans of Federal funds or other 
                financial assistance that must be repaid to the 
                Government.
          (2) Maintenance of effort.--
                  (A) In general.--The credit for any non-
                Federal share provided under this subsection 
                shall not reduce nor replace State funds 
                required to match Federal funds for any program 
                under this title.
                  (B) Condition on receipt of credit.--To 
                receive a credit under paragraph (1) for a 
                fiscal year, a State shall enter into such 
                agreement as the Secretary may require to 
                ensure that the State will maintain its non-
                Federal transportation capital expenditures in 
                such fiscal year at or above the average level 
                of such expenditures for the preceding 3 fiscal 
                years; except that if, for any 1 of the 
                preceding 3 fiscal years, the non-Federal 
                transportation capital expenditures of the 
                State were at a level that was greater than 130 
                percent of the average level of such 
                expenditures for the other 2 of the preceding 3 
                fiscal years, the agreement shall ensure that 
                the State will maintain its non-Federal 
                transportation capital expenditures in the 
                fiscal year of the credit at or above the 
                average level of such expenditures for the 
                other 2 fiscal years.
                  (C) Transportation capital expenditures 
                defined.--In subparagraph (B), the term ``non-
                Federal transportation capital expenditures'' 
                includes any payments made by the State for 
                issuance of transportation-related bonds.
          (3) Treatment.--
                  (A) Limitation on liability.--Use of a credit 
                for a non-Federal share under this subsection 
                that is received from a public, quasi-public, 
                or private agency--
                          (i) shall not expose the agency to 
                        additional liability, additional 
                        regulation, or additional 
                        administrative oversight; and
                          (ii) shall not subject the agency to 
                        any additional Federal design standards 
                        or laws (including regulations) as a 
                        result of providing the non-Federal 
                        share other than those to which the 
                        agency is already subject.
                  (B) Chartered multistate agencies.--When a 
                credit that is received from a chartered 
                multistate agency is applied to a non-Federal 
                share under this subsection, such credit shall 
                be applied equally to all charter States.
  (j) Use of Federal Agency Funds.--Notwithstanding any other 
provision of law, any Federal funds other than those made 
available under this title and title 49 may be used to pay the 
non-Federal share of the cost of any transportation project 
that is within, adjacent to, or provides access to Federal 
land, the Federal share of which is funded under this title or 
chapter 53 of title 49.
  (k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds 
authorized to be appropriated to carry out the tribal 
transportation program under section 202 and the Federal lands 
transportation program under section 203 may be used to pay the 
non-Federal share of the cost of any project that is funded 
under this title or chapter 53 of title 49 and that provides 
access to or within Federal or tribal land.

Sec. 121. Payment to States for construction

  (a) In General.--The Secretary, from time to time as the work 
progresses, may make payments to a State for costs of 
construction incurred by the State on a project (including 
payments made pursuant to a long-term concession agreement, 
such as availability payments). Such payments may also be made 
for the value of the materials--
          (1) that have been stockpiled in the vicinity of the 
        construction in conformity to plans and specifications 
        for the projects; and
          (2) that are not in the vicinity of the construction 
        if the Secretary determines that because of required 
        fabrication at an off-site location the material cannot 
        be stockpiled in such vicinity.
  (b) Project Agreement.--No payment shall be made under this 
chapter except for a project covered by a project agreement. 
After completion of the project in accordance with the project 
agreement, a State shall be entitled to payment out of the 
appropriate sums apportioned or allocated to the State of the 
unpaid balance of the Federal share payable for such project.
  (c) Such payments shall be made to such official or officials 
or depository as may be designated by the State transportation 
department and authorized under the laws of the State to 
receive public funds of the State.

           *       *       *       *       *       *       *


Sec. 125. Emergency relief

  (a) In General.--Subject to this section and section 120, an 
emergency fund is authorized for expenditure by the Secretary 
for the repair or reconstruction of highways, roads, and 
trails, in any area of the United States, including Indian 
reservations, that the Secretary finds have suffered serious 
damage as a result of--
          (1) a natural disaster over a wide area, such as by a 
        flood, hurricane, tidal wave, earthquake, severe storm, 
        or landslide; or
          (2) catastrophic failure from any external cause.
  (b) Restriction on Eligibility.--
          (1) Definition of construction phase.--In this 
        subsection, the term ``construction phase'' means the 
        phase of physical construction of a highway or bridge 
        facility that is separate from any other identified 
        phases, such as planning, design, or right-of- way 
        phases, in the State transportation improvement 
        program.
          (2) Restriction.--In no case shall funds be used 
        under this section for the repair or reconstruction of 
        a bridge--
                  (A) that has been permanently closed to all 
                vehicular traffic by the State or responsible 
                local official because of imminent danger of 
                collapse due to a structural deficiency or 
                physical deterioration; or
                  (B) if a construction phase of a replacement 
                structure is included in the approved Statewide 
                transportation improvement program at the time 
                of an event described in subsection (a).
  (c) Funding.--
          (1) In general.--Subject to the limitations described 
        in paragraph (2), there are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) such sums as are necessary to 
        establish the fund authorized by this section and to 
        replenish that fund on an annual basis.
          (2) Limitations.--The limitations referred to in 
        paragraph (1) are that--
                  (A) not more than $100,000,000 is authorized 
                to be obligated in any 1 fiscal year commencing 
                after September 30, 1980, to carry out this 
                section, except that, if for any fiscal year 
                the total of all obligations under this section 
                is less than the amount authorized to be 
                obligated for the fiscal year, the unobligated 
                balance of that amount shall--
                          (i) remain available until expended; 
                        and
                          (ii) be in addition to amounts 
                        otherwise available to carry out this 
                        section for each year; and
                  (B)(i) pending such appropriation or 
                replenishment, the Secretary may obligate from 
                any funds appropriated at any time for 
                obligation in accordance with this title, 
                including existing Federal-aid appropriations, 
                such sums as are necessary for the immediate 
                prosecution of the work herein authorized; and
                  (ii) funds obligated under this subparagraph 
                shall be reimbursed from the appropriation or 
                replenishment.
  (d) Eligibility.--
          (1) In general.--The Secretary may expend funds from 
        the emergency fund authorized by this section only for 
        the repair or reconstruction of highways on Federal-aid 
        highways in accordance with this chapter, except that--
                  (A) no funds shall be so expended unless an 
                emergency has been declared by the Governor of 
                the State with concurrence by the Secretary, 
                unless the President has declared the emergency 
                to be a major disaster for the purposes of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.) for which concurrence of the Secretary is 
                not required; and
                  (B) the Secretary has received an application 
                from the State transportation department that 
                includes a comprehensive list of all eligible 
                project sites and repair costs by not later 
                than 2 years after the natural disaster or 
                catastrophic failure.
          (2) Cost limitation.--
                  (A) Definition of comparable facility.--In 
                this paragraph, the term ``comparable 
                facility'' means a facility that meets the 
                current geometric and construction standards 
                required for the types and volume of traffic 
                that the facility will carry over its design 
                life.
                  (B) Limitation.--The total cost of a project 
                funded under this section may not exceed the 
                cost of repair or reconstruction of a 
                comparable facility.
          (3) Debris removal.--The costs of debris removal 
        shall be an eligible expense under this section only 
        for--
                  (A) an event not declared a major disaster or 
                emergency by the President under the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.); [or]
                  (B) an event declared a major disaster or 
                emergency by the President under that Act if 
                the debris removal is not eligible for 
                assistance under section 403, 407, or 502 of 
                that Act (42 U.S.C. 5170b, 5173, 5192)[.]; or
                  (C) projects eligible for assistance under 
                this section located on Federal lands 
                transportation facilities or other federally 
                owned roads that are open to public travel (as 
                defined in subsection (e)).
          (4) Territories.--The total obligations for projects 
        under this section for any fiscal year in the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands shall not exceed 
        $20,000,000.
          (5) Substitute traffic.--Notwithstanding any other 
        provision of this section, actual and necessary costs 
        of maintenance and operation of ferryboats or 
        additional transit service providing temporary 
        substitute highway traffic service, less the amount of 
        fares charged for comparable service, may be expended 
        from the emergency fund authorized by this section for 
        Federal-aid highways.
  (e) Tribal Transportation Facilities, Federal Lands 
Transportation Facilities, and Public Roads on Federal Lands.--
          [(1) Definition of open to public travel.--In this 
        subsection, the term ``open to public travel'' means, 
        with respect to a road, that, except during scheduled 
        periods, extreme weather conditions, or emergencies, 
        the road is open to the general public for use with 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.]
          (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.
          (2) Expenditure of funds.--Notwithstanding subsection 
        (d)(1), the Secretary may expend funds from the 
        emergency fund authorized by this section, 
        independently or in cooperation with any other branch 
        of the Federal Government, a State agency, a tribal 
        government, an organization, or a person, for the 
        repair or reconstruction of tribal transportation 
        facilities, Federal lands transportation facilities, 
        and other federally owned roads that are open to public 
        travel, whether or not those facilities are Federal- 
        aid highways.
          (3) Reimbursement.--
                  (A) In general.--The Secretary may reimburse 
                Federal and State agencies (including political 
                subdivisions) for expenditures made for 
                projects determined eligible under this 
                section, including expenditures for emergency 
                repairs made before a determination of 
                eligibility.
                  (B) Transfers.--With respect to 
                reimbursements described in subparagraph (A)--
                          (i) those reimbursements to Federal 
                        agencies and Indian tribal governments 
                        shall be transferred to the account 
                        from which the expenditure was made, or 
                        to a similar account that remains 
                        available for obligation; and
                          (ii) the budget authority associated 
                        with the expenditure shall be restored 
                        to the agency from which the authority 
                        was derived and shall be available for 
                        obligation until the end of the fiscal 
                        year following the year in which the 
                        transfer occurs.
  (f) Treatment of Territories.--For purposes of this section, 
the Virgin Islands, Guam, American Samoa, and the Commonwealth 
of the Northern Mariana Islands shall be considered to be 
States and parts of the United States, and the chief executive 
officer of each such territory shall be considered to be a 
Governor of a State.
  (g) Protecting Public Safety and Maintaining Roadways.--The 
Secretary may use not more than 5 percent of amounts from the 
emergency fund authorized by this section to carry out projects 
that the Secretary determines are necessary to protect the 
public safety or to maintain or protect roadways that are 
included within the scope of an emergency declaration by the 
Governor of the State or by the President, in accordance with 
this section, and the Governor deems to be an ongoing concern 
in order to maintain vehicular traffic on the roadway.

Sec. 126. Transferability of Federal-aid highway funds

  (a) In General.--Notwithstanding any other provision of law, 
subject to subsection (b), a State may transfer from an 
apportionment under section 104(b) not to exceed 50 percent of 
the amount apportioned for the fiscal year to any other 
apportionment of the State under that section.
  (b) Application to Certain Set-asides.--
          (1) In general.--Funds that are subject to sections 
        104(d) and 133(d) shall not be transferred under this 
        section.
          (2) Funds transferred by States.--Funds transferred 
        by a State under this section of the funding reserved 
        for the State under [section 213] section 133(h) for a 
        fiscal year may only come from the portion of those 
        funds that are available for obligation in any area of 
        the State under [section 213(c)(1)(B)] section 133(h).

Sec. 127. Vehicle weight limitations - Interstate System

  (a) In General.--
          (1) The Secretary shall withhold 50 percent of the 
        apportionment of a State under section 104(b)(1) in any 
        fiscal year in which the State does not permit the use 
        of The Dwight D. Eisenhower System of Interstate and 
        Defense Highways within its boundaries by vehicles with 
        a weight of twenty thousand pounds carried on any one 
        axle, including enforcement tolerances, or with a 
        tandem axle weight of thirty-four thousand pounds, 
        including enforcement tolerances, or a gross weight of 
        at least eighty thousand pounds for vehicle 
        combinations of five axles or more.
          (2) However, the maximum gross weight to be allowed 
        by any State for vehicles using The Dwight D. 
        Eisenhower System of Interstate and Defense Highways 
        shall be twenty thousand pounds carried on one axle, 
        including enforcement tolerances, and a tandem axle 
        weight of thirty-four thousand pounds, including 
        enforcement tolerances and with an overall maximum 
        gross weight, including enforcement tolerances, on a 
        group of two or more consecutive axles produced by 
        application of the following formula: W=500(LN/(N-
        1)+12N+36)
        where W equals overall gross weight on any group of two 
        or more consecutive axles to the nearest five hundred 
        pounds, L equals distance in feet between the extreme 
        of any group of two or more consecutive axles, and N 
        equals number of axles in group under consideration, 
        except that two consecutive sets of tandem axles may 
        carry a gross load of thirty-four thousand pounds each 
        providing the overall distance between the first and 
        last axles of such consecutive sets of tandem axles (1) 
        is thirty-six feet or more, or (2) in the case of a 
        motor vehicle hauling any tank trailer, dump trailer, 
        or ocean transport container before September 1, 1989, 
        is 30 feet or more: Provided, That such overall gross 
        weight may not exceed eighty thousand pounds, including 
        all enforcement tolerances, except for vehicles using 
        Interstate Route 29 between Sioux City, Iowa, and the 
        border between Iowa and South Dakota or vehicles using 
        Interstate Route 129 between Sioux City, Iowa, and the 
        border between Iowa and Nebraska, and except for those 
        vehicles and loads which cannot be easily dismantled or 
        divided and which have been issued special permits in 
        accordance with applicable State laws, or the 
        corresponding maximum weights permitted for vehicles 
        using the public highways of such State under laws or 
        regulations established by appropriate State authority 
        in effect on July 1, 1956, except in the case of the 
        overall gross weight of any group of two or more 
        consecutive axles on any vehicle (other than a vehicle 
        comprised of a motor vehicle hauling any tank trailer, 
        dump trailer, or ocean transport container on or after 
        September 1, 1989), on the date of enactment of the 
        Federal-Aid Highway Amendments of 1974, whichever is 
        the greater.
          (3) Any amount which is withheld from apportionment 
        to any State pursuant to the foregoing provisions shall 
        lapse if not released and obligated within the 
        availability period specified in section 118(b)(2) of 
        this title.
          (4) This section shall not be construed to deny 
        apportionment to any State allowing the operation 
        within such State of any vehicles or combinations 
        thereof, other than vehicles or combinations subject to 
        subsection (d) of this section, which the State 
        determines could be lawfully operated within such State 
        on July 1, 1956, except in the case of the overall 
        gross weight of any group of two or more consecutive 
        axles, on the date of enactment of the Federal-Aid 
        Highway Amendments of 1974.
          (5) With respect to the State of Hawaii, laws or 
        regulations in effect on February 1, 1960, shall be 
        applicable for the purposes of this section in lieu of 
        those in effect on July 1, 1956.
          (6) With respect to the State of Colorado, vehicles 
        designed to carry 2 or more precast concrete panels 
        shall be considered a nondivisible load.
          (7) With respect to the State of Michigan, laws or 
        regulations in effect on May 1, 1982, shall be 
        applicable for the purposes of this subsection.
          (8) With respect to the State of Maryland, laws and 
        regulations in effect on June 1, 1993, shall be 
        applicable for the purposes of this subsection.
          (9) he State of Louisiana may allow, by special 
        permit, the operation of vehicles with a gross vehicle 
        weight of up to 100,000 pounds for the hauling of 
        sugarcane during the harvest season, not to exceed 100 
        days annually.
          (10) With respect to Interstate Routes 89, 93, and 95 
        in the State of New Hampshire, State laws (including 
        regulations) concerning vehicle weight limitations that 
        were in effect on January 1, 1987, and are applicable 
        to State highways other than the Interstate System, 
        shall be applicable in lieu of the requirements of this 
        subsection.
          (11)(A) With respect to all portions of the 
        Interstate Highway System in the State of Maine, laws 
        (including regulations) of that State concerning 
        vehicle weight limitations applicable to other State 
        highways shall be applicable in lieu of the 
        requirements under this subsection through December 31, 
        2031.
          (B) With respect to all portions of the Interstate 
        Highway System in the State of Vermont, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this 
        subsection through December 31, 2031.
          (12) Heavy duty vehicles.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), in order to promote reduction of fuel 
                use and emissions because of engine idling, the 
                maximum gross vehicle weight limit and the axle 
                weight limit for any heavy-duty vehicle 
                equipped with an idle reduction technology 
                shall be increased by a quantity necessary to 
                compensate for the additional weight of the 
                idle reduction system.
                  (B) Maximum weight increase.--The weight 
                increase under subparagraph (A) shall be not 
                greater than 550 pounds.
                  (C) Proof.--On request by a regulatory agency 
                or law enforcement agency, the vehicle operator 
                shall provide proof (through demonstration or 
                certification) that--
                          (i) the idle reduction technology is 
                        fully functional at all times; and
                          (ii) the 550-pound gross weight 
                        increase is not used for any purpose 
                        other than the use of idle reduction 
                        technology described in subparagraph 
                        (A).
          (13) Milk products.--A vehicle carrying fluid milk 
        products shall be considered a load that cannot be 
        easily dismantled or divided.
          (14) Emergency vehicles.--
                  (A) In general.--With respect to an emergency 
                vehicle, the following weight limits shall 
                apply in lieu of the maximum and minimum weight 
                limits specified in this subsection:
                          (i) 24,000 pounds on a single 
                        steering axle.
                          (ii) 33,500 pounds on a single drive 
                        axle.
                          (iii) 62,000 pounds on a tandem axle.
                          (iv) A maximum gross vehicle weight 
                        of 86,000 pounds.
                  (B) Emergency vehicle defined.--In this 
                paragraph, the term ``emergency vehicle'' means 
                a vehicle designed--
                          (i) to be used under emergency 
                        conditions to transport personnel and 
                        equipment; and
                          (ii) to support the suppression of 
                        fires and mitigation of other hazardous 
                        situations.
  (b) Reasonable Access.--No State may enact or enforce any law 
denying reasonable access to motor vehicles subject to this 
title to and from the Interstate Highway System to terminals 
and facilities for food, fuel, repairs, and rest.
  (c) Ocean Transport Container Defined.--For purposes of this 
section, the term ``ocean transport container'' has the meaning 
given the term ``freight container'' by the International 
Standards Organization in Series 1, Freight Containers, 3rd 
Edition (reference number IS0668-1979(E)) as in effect on the 
date of the enactment of this subsection.
  (d) Longer Combination Vehicles.--
          (1) Prohibition.--
                  (A) General continuation rule.--A longer 
                combination vehicle may continue to operate 
                only if the longer combination vehicle 
                configuration type was authorized by State 
                officials pursuant to State statute or 
                regulation conforming to this section and in 
                actual lawful operation on a regular or 
                periodic basis (including seasonal operations) 
                on or before June 1, 1991, or pursuant to 
                section 335 of the Department of Transportation 
                and Related Agencies Appropriations Act, 1991 
                (104 Stat. 2186).
                  (B) Applicability of state laws and 
                regulations.--All such operations shall 
                continue to be subject to, at the minimum, all 
                State statutes, regulations, limitations and 
                conditions, including, but not limited to, 
                routing-specific and configuration-specific 
                designations and all other restrictions, in 
                force on June 1, 1991; except that subject to 
                such regulations as may be issued by the 
                Secretary pursuant to paragraph (5) of this 
                subsection, the State may make minor 
                adjustments of a temporary and emergency nature 
                to route designations and vehicle operating 
                restrictions in effect on June 1, 1991, for 
                specific safety purposes and road construction.
                  (C) Wyoming.--In addition to those vehicles 
                allowed under subparagraph (A), the State of 
                Wyoming may allow the operation of additional 
                vehicle configurations not in actual operation 
                on June 1, 1991, but authorized by State law 
                not later than November 3, 1992, if such 
                vehicle configurations comply with the single 
                axle, tandem axle, and bridge formula limits 
                set forth in subsection (a) and do not exceed 
                117,000 pounds gross vehicle weight.
                  (D) Ohio.--In addition to vehicles which the 
                State of Ohio may continue to allow to be 
                operated under subparagraph (A), such State may 
                allow longer combination vehicles with 3 cargo 
                carrying units of 28 1/2 feet each (not 
                including the truck tractor) not in actual 
                operation on June 1, 1991, to be operated 
                within its boundaries on the 1-mile segment of 
                Ohio State Route 7 which begins at and is south 
                of exit 16 of the Ohio Turnpike.
                  (E) Alaska.--In addition to vehicles which 
                the State of Alaska may continue to allow to be 
                operated under subparagraph (A), such State may 
                allow the operation of longer combination 
                vehicles which were not in actual operation on 
                June 1, 1991, but which were in actual 
                operation prior to July 5, 1991.
                  (F) Iowa.--In addition to vehicles that the 
                State of Iowa may continue to allow to be 
                operated under subparagraph (A), the State may 
                allow longer combination vehicles that were not 
                in actual operation on June 1, 1991, to be 
                operated on Interstate Route 29 between Sioux 
                City, Iowa, and the border between Iowa and 
                South Dakota or Interstate Route 129 between 
                Sioux City, Iowa, and the border between Iowa 
                and Nebraska.
          (2) Additional state restrictions.--
                  (A) In general.--Nothing in this subsection 
                shall prevent any State from further 
                restricting in any manner or prohibiting the 
                operation of longer combination vehicles 
                otherwise authorized under this subsection; 
                except that such restrictions or prohibitions 
                shall be consistent with the requirements of 
                sections 31111-31114 of title 49.
                  (B) Minor adjustments.--Any State further 
                restricting or prohibiting the operations of 
                longer combination vehicles or making minor 
                adjustments of a temporary and emergency nature 
                as may be allowed pursuant to regulations 
                issued by the Secretary pursuant to paragraph 
                (5) of this subsection, shall, within 30 days, 
                advise the Secretary of such action, and the 
                Secretary shall publish a notice of such action 
                in the Federal Register.
          (3) Publication of list.--
                  (A) Submission to secretary.--Within 60 days 
                of the date of the enactment of this 
                subsection, each State (i) shall submit to the 
                Secretary for publication in the Federal 
                Register a complete list of (I) all operations 
                of longer combination vehicles being conducted 
                as of June 1, 1991, pursuant to State statutes 
                and regulations; (II) all limitations and 
                conditions, including, but not limited to, 
                routing-specific and configuration-specific 
                designations and all other restrictions, 
                governing the operation of longer combination 
                vehicles otherwise prohibited under this 
                subsection; and (III) such statutes, 
                regulations, limitations, and conditions; and 
                (ii) shall submit to the Secretary copies of 
                such statutes, regulations, limitations, and 
                conditions.
                  (B) Interim list.--Not later than 90 days 
                after the date of the enactment of this 
                subsection, the Secretary shall publish an 
                interim list in the Federal Register, 
                consisting of all information submitted 
                pursuant to subparagraph (A). The Secretary 
                shall review for accuracy all information 
                submitted by the States pursuant to 
                subparagraph (A) and shall solicit and consider 
                public comment on the accuracy of all such 
                information.
                  (C) Limitation.--No statute or regulation 
                shall be included on the list submitted by a 
                State or published by the Secretary merely on 
                the grounds that it authorized, or could have 
                authorized, by permit or otherwise, the 
                operation of longer combination vehicles, not 
                in actual operation on a regular or periodic 
                basis on or before June 1, 1991.
                  (D) Final list.--Except as modified pursuant 
                to paragraph (1)(C) of this subsection, the 
                list shall be published as final in the Federal 
                Register not later than 180 days after the date 
                of the enactment of this subsection. In 
                publishing the final list, the Secretary shall 
                make any revisions necessary to correct 
                inaccuracies identified under subparagraph (B). 
                After publication of the final list, longer 
                combination vehicles may not operate on the 
                Interstate System except as provided in the 
                list.
                  (E) Review and correction procedure.--The 
                Secretary, on his or her own motion or upon a 
                request by any person (including a State), 
                shall review the list issued by the Secretary 
                pursuant to subparagraph (D). If the Secretary 
                determines there is cause to believe that a 
                mistake was made in the accuracy of the final 
                list, the Secretary shall commence a proceeding 
                to determine whether the list published 
                pursuant to subparagraph (D) should be 
                corrected. If the Secretary determines that 
                there is a mistake in the accuracy of the list 
                the Secretary shall correct the publication 
                under subparagraph (D) to reflect the 
                determination of the Secretary.
          (4) Longer combination vehicle defined.--For purposes 
        of this section, the term ``longer combination 
        vehicle'' means any combination of a truck tractor and 
        2 or more trailers or semitrailers which operates on 
        the Interstate System at a gross vehicle weight greater 
        than 80,000 pounds.
          (5) Regulations regarding minor adjustments.--Not 
        later than 180 days after the date of the enactment of 
        this subsection, the Secretary shall issue regulations 
        establishing criteria for the States to follow in 
        making minor adjustments under paragraph (1)(B).
  (e) Operation of Certain Specialized Hauling Vehicles on 
Interstate Route 68.--The single axle, tandem axle, and bridge 
formula limits set forth in subsection (a) shall not apply to 
the operation on Interstate Route 68 in Garrett and Allegany 
Counties, Maryland, of any specialized vehicle equipped with a 
steering axle and a tridem axle and used for hauling coal, 
logs, and pulpwood if such vehicle is of a type of vehicle as 
was operating in such counties on United States Route 40 or 48 
for such purpose on August 1, 1991.
  (f) Operation of Certain Specialized Hauling Vehicles on 
Certain Wisconsin Highways.--If the 104-mile portion of 
Wisconsin State Route 78 and United States Route 51 between 
Interstate Route 94 near Portage, Wisconsin, and Wisconsin 
State Route 29 south of Wausau, Wisconsin, is designated as 
part of the Interstate System under section 103(c)(4)(A), the 
single axle weight, tandem axle weight, gross vehicle weight, 
and bridge formula limits set forth in subsection (a) shall not 
apply to the 104-mile portion with respect to the operation of 
any vehicle that could legally operate on the 104-mile portion 
before the date of the enactment of this subsection.
  (g) Operation of Certain Specialized Hauling Vehicles on 
Certain Pennsylvania Highways.--If the segment of United States 
Route 220 between Bedford and Bald Eagle, Pennsylvania, is 
designated as part of the Interstate System, the single axle 
weight, tandem axle weight, gross vehicle weight, and bridge 
formula limits set forth in subsection (a) shall not apply to 
that segment with respect to the operation of any vehicle which 
could have legally operated on that segment before the date of 
the enactment of this subsection.
  (h) Waiver for a Route in State of Maine During Periods of 
National Emergency.--
          (1) In general.--Notwithstanding any other provision 
        of this section, the Secretary, in consultation with 
        the Secretary of Defense, may waive or limit the 
        application of any vehicle weight limit established 
        under this section with respect to the portion of 
        Interstate Route 95 in the State of Maine between 
        Augusta and Bangor for the purpose of making bulk 
        shipments of jet fuel to the Air National Guard Base at 
        Bangor International Airport during a period of 
        national emergency in order to respond to the effects 
        of the national emergency.
          (2) Applicability.--Emergency limits established 
        under paragraph (1) shall preempt any inconsistent 
        State vehicle weight limits.
  (i) Special Permits During Periods of National Emergency.--
          (1) In general.--Notwithstanding any other provision 
        of this section, a State may issue special permits 
        during an emergency to overweight vehicles and loads 
        that can easily be dismantled or divided if--
                  (A) the President has declared the emergency 
                to be a major disaster under the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.);
                  (B) the permits are issued in accordance with 
                State law; and
                  (C) the permits are issued exclusively to 
                vehicles and loads that are delivering relief 
                supplies.
          (2) Expiration.--A permit issued under paragraph (1) 
        shall expire not later than 120 days after the date of 
        the declaration of emergency under subparagraph (A) of 
        that paragraph.
  (j) Operation of Vehicles on Certain Other Wisconsin 
Highways.--If any segment of the United States Route 41 
corridor, as described in section 1105(c)(57) of the Intermodal 
Surface Transportation Efficiency Act of 1991, is designated as 
a route on the Interstate System, a vehicle that could operate 
legally on that segment before the date of such designation may 
continue to operate on that segment, without regard to any 
requirement under subsection (a).
  (k) Operation of Vehicles on Certain Mississippi Highways.--
If any segment of United States Route 78 in Mississippi from 
mile marker 0 to mile marker 113 is designated as part of the 
Interstate System, no limit established under this section may 
apply to that segment with respect to the operation of any 
vehicle that could have legally operated on that segment before 
such designation.
  (l) Operation of Vehicles on Certain Kentucky Highways.--
          (1) In general.--If any segment of highway described 
        in paragraph (2) is designated as a route on the 
        Interstate System, a vehicle that could operate legally 
        on that segment before the date of such designation may 
        continue to operate on that segment, without regard to 
        any requirement under subsection (a).
          (2) Description of highway segments.--The highway 
        segments referred to in paragraph (1) are as follows:
                  (A) Interstate Route 69 in Kentucky (formerly 
                the Wendell H. Ford (Western Kentucky) Parkway) 
                from the Interstate Route 24 Interchange, near 
                Eddyville, to the Edward T. Breathitt 
                (Pennyrile) Parkway Interchange.
                  (B) The Edward T. Breathitt (Pennyrile) 
                Parkway (to be designated as Interstate Route 
                69) in Kentucky from the Wendell H. Ford 
                (Western Kentucky) Parkway Interchange to near 
                milepost 77, and on new alignment to an 
                interchange on the Audubon Parkway, if the 
                segment is designated as part of the Interstate 
                System.
  (m) Covered Heavy-Duty Tow and Recovery Vehicles.--
          (1) In general.--The vehicle weight limitations set 
        forth in this section do not apply to a covered heavy-
        duty tow and recovery vehicle.
          (2) Covered heavy-duty tow and recovery vehicle 
        defined.--In this subsection, the term ``covered heavy-
        duty tow and recovery vehicle'' means a vehicle that--
                  (A) is transporting a disabled vehicle from 
                the place where the vehicle became disabled to 
                the nearest appropriate repair facility; and
                  (B) has a gross vehicle weight that is equal 
                to or exceeds the gross vehicle weight of the 
                disabled vehicle being transported.

           *       *       *       *       *       *       *


Sec. 129. Toll roads, bridges, tunnels, and ferries

  (a) Basic Program.--
          (1) Authorization for Federal participation.--Subject 
        to the provisions of this section, Federal 
        participation shall be permitted on the same basis and 
        in the same manner as construction of toll-free 
        highways is permitted under this chapter in the--
                  (A) initial construction of a toll highway, 
                bridge, or tunnel or approach to the highway, 
                bridge, or tunnel;
                  (B) initial construction of 1 or more lanes 
                or other improvements that increase capacity of 
                a highway[, bridge, or tunnel] (other than a 
                highway on the Interstate System) and 
                conversion of that highway[, bridge, or tunnel] 
                to a tolled facility, if the number of toll-
                free lanes, excluding auxiliary lanes, after 
                the construction is not less than the number of 
                toll-free lanes, excluding auxiliary lanes, 
                before the construction;
                  (C) initial construction of 1 or more lanes 
                or other improvements that increase the 
                capacity of a highway[, bridge, or tunnel] on 
                the Interstate System and conversion of that 
                highway[, bridge, or tunnel] to a tolled 
                facility, if the number of toll-free non-HOV 
                lanes, excluding auxiliary lanes, after such 
                construction is not less than the number of 
                toll-free non- HOV lanes, excluding auxiliary 
                lanes, before such construction;
                  (D) reconstruction, resurfacing, restoration, 
                rehabilitation, or replacement of a toll 
                highway, bridge, or tunnel or approach to the 
                highway, bridge, or tunnel;
                  (E) reconstruction or replacement of a toll-
                free bridge or tunnel and conversion of the 
                bridge or tunnel to a toll facility;
                  (F) reconstruction of a toll-free Federal-aid 
                highway (other than a highway on the Interstate 
                System) and conversion of the highway to a toll 
                facility;
                  [(G) reconstruction, restoration, or 
                rehabilitation of a highway on the Interstate 
                System if the number of toll-free non-HOV 
                lanes, excluding auxiliary lanes, after 
                reconstruction, restoration, or rehabilitation 
                is not less than the number of toll-free non-
                HOV lanes, excluding auxiliary lanes, before 
                reconstruction, restoration, or 
                rehabilitation;]
                  [(H)] (G) conversion of a high occupancy 
                vehicle (HOV) lane on a highway, bridge, or 
                tunnel to a toll facility under section 166 of 
                the title; and
                  [(I)] (H) preliminary studies to determine 
                the feasibility of a toll facility for which 
                Federal participation is authorized under this 
                paragraph.
          (2) Ownership.--Each highway, bridge, tunnel, or 
        approach to the highway, bridge, or tunnel constructed 
        under this subsection shall--
                  (A) be publicly owned; or
                  (B) be privately owned if the public 
                authority with jurisdiction over the highway, 
                bridge, tunnel, or approach has entered into a 
                contract with 1 or more private persons to 
                design, finance, construct, and operate the 
                facility and the public authority will be 
                responsible for complying with all applicable 
                requirements of this title with respect to the 
                facility.
          (3) Limitations on use of revenues.--
                  (A) In general.--A public authority with 
                jurisdiction over a toll facility [shall use] 
                shall ensure that all toll revenues received 
                from operation of the toll facility are used 
                only for--
                          (i) debt service with respect to the 
                        projects on or for which the tolls are 
                        authorized, including funding of 
                        reasonable reserves and debt service on 
                        refinancing;
                          (ii) a reasonable return on 
                        investment of any private person 
                        financing the project, as determined by 
                        the State or interstate compact of 
                        States concerned;
                          (iii) any costs necessary for the 
                        improvement and proper operation and 
                        maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation;
                          (iv) if the toll facility is subject 
                        to a public- private partnership 
                        agreement, payments that the party 
                        holding the right to toll revenues owes 
                        to the other party under the public-
                        private partnership agreement; and
                          (v) if the public authority certifies 
                        annually that the tolled facility is 
                        being adequately maintained, any other 
                        purpose for which Federal funds may be 
                        obligated by a State under this title.
                  (B) Annual audit.--
                          (i) In general.--A public authority 
                        with jurisdiction over a toll facility 
                        shall conduct or have an independent 
                        auditor conduct an annual audit of toll 
                        facility records to verify adequate 
                        maintenance and compliance with 
                        subparagraph (A), and report the 
                        results of the audits to the Secretary.
                          (ii) Records.--On reasonable notice, 
                        the public authority shall make all 
                        records of the public authority 
                        pertaining to the toll facility 
                        available for audit by the Secretary.
                  (C) Noncompliance.--If the Secretary 
                concludes that a public authority has not 
                complied with the limitations on the use of 
                revenues described in subparagraph (A), the 
                Secretary may require the public authority to 
                discontinue collecting tolls until an agreement 
                with the Secretary is reached to achieve 
                compliance with the limitation on the use of 
                revenues described in subparagraph (A).
          [(4) Limitations on conversion of high occupancy 
        vehicle facilities on interstate system.--
                  [(A) In general.--A public authority with 
                jurisdiction over a high occupancy vehicle 
                facility on the Interstate System may undertake 
                reconstruction, restoration, or rehabilitation 
                under paragraph (1)(G) on the facility, and may 
                levy tolls on vehicles, excluding high 
                occupancy vehicles, using the reconstructed, 
                restored, or rehabilitated facility, if the 
                public authority--
                          [(i) in the case of a high occupancy 
                        vehicle facility that affects a 
                        metropolitan area, submits to the 
                        Secretary a written assurance that the 
                        metropolitan planning organization 
                        designated under section 5203 of title 
                        49 for the area has been consulted 
                        concerning the placement and amount of 
                        tolls on the converted facility;
                          [(ii) develops, manages, and 
                        maintains a system that will 
                        automatically collect the toll; and
                          [(iii) establishes policies and 
                        procedures--
                                  [(I) to manage the demand to 
                                use the facility by varying the 
                                toll amount that is charged; 
                                and
                                  [(II) to enforce sanctions 
                                for violations of use of the 
                                facility.
                  [(B) Exemption from tolls.--In levying tolls 
                on a facility under subparagraph (A), a public 
                authority may designate classes of vehicles 
                that are exempt from the tolls or charge 
                different toll rates for different classes of 
                vehicles.]
          [(5)] (4) Special rule for funding.--
                  (A) In general.--In the case of a toll 
                facility under the jurisdiction of a public 
                authority of a State (other than the State 
                transportation department), on request of the 
                State transportation department and subject to 
                such terms and conditions as the department and 
                public authority may agree, the Secretary, 
                working through the State department of 
                transportation, shall reimburse the public 
                authority for the Federal share of the costs of 
                construction of the project carried out on the 
                toll facility under this subsection in the same 
                manner and to the same extent as the department 
                would be reimbursed if the project was being 
                carried out by the department.
                  (B) Source.--The reimbursement of funds under 
                this paragraph shall be from sums apportioned 
                to the State under this chapter and available 
                for obligations on projects on the Federal-aid 
                system in the State on which the project is 
                being carried out.
          [(6)] (5) Limitation on Federal share.--The Federal 
        share payable for a project described in paragraph (1) 
        shall be a percentage determined by the State, but not 
        to exceed 80 percent.
          [(7)] (6) Modifications.--If a public authority 
        (including a State transportation department) with 
        jurisdiction over a toll facility subject to an 
        agreement under this section or section 119(e), as in 
        effect on the day before the effective date of title I 
        of the Intermodal Surface Transportation Efficiency Act 
        of 1991 (105 Stat. 1915), requests modification of the 
        agreement, the Secretary shall modify the agreement to 
        allow the continuation of tolls in accordance with 
        paragraph (3) without repayment of Federal funds.
          [(8)] (7) Loans.--
                  (A) In general.--
                          (i) Loans.--Using amounts made 
                        available under this title, a State may 
                        loan to a public or private entity 
                        constructing or proposing to construct 
                        under this section a toll facility or 
                        non-toll facility with a dedicated 
                        revenue source an amount equal to all 
                        or part of the Federal share of the 
                        cost of the project if the project has 
                        a revenue source specifically dedicated 
                        to the project.
                          (ii) Dedicated revenue sources.--
                        Dedicated revenue sources for non-toll 
                        facilities include excise taxes, sales 
                        taxes, motor vehicle use fees, tax on 
                        real property, tax increment financing, 
                        and such other dedicated revenue 
                        sources as the Secretary determines 
                        appropriate.
                  (B) Compliance with Federal laws.--As a 
                condition of receiving a loan under this 
                paragraph, the public or private entity that 
                receives the loan shall ensure that the project 
                will be carried out in accordance with this 
                title and any other applicable Federal law, 
                including any applicable provision of a Federal 
                environmental law.
                  (C) Subordination of debt.--The amount of any 
                loan received for a project under this 
                paragraph may be subordinated to any other debt 
                financing for the project.
                  (D) Obligation of funds loaned.--Funds loaned 
                under this paragraph may only be obligated for 
                projects under this paragraph.
                  (E) Repayment.--The repayment of a loan made 
                under this paragraph shall commence not later 
                than 5 years after date on which the facility 
                that is the subject of the loan is open to 
                traffic.
                  (F) Term of loan.--The term of a loan made 
                under this paragraph shall not exceed 30 years 
                from the date on which the loan funds are 
                obligated.
                  (G) Interest.--A loan made under this 
                paragraph shall bear interest at or below 
                market interest rates, as determined by the 
                State, to make the project that is the subject 
                of the loan feasible.
                  (H) Reuse of funds.--Amounts repaid to a 
                State from a loan made under this paragraph may 
                be obligated--
                          (i) for any purpose for which the 
                        loan funds were available under this 
                        title; and
                          (ii) for the purchase of insurance or 
                        for use as a capital reserve for other 
                        forms of credit enhancement for project 
                        debt in order to improve credit market 
                        access or to lower interest rates for 
                        projects eligible for assistance under 
                        this title.
                  (I) Guidelines.--The Secretary shall 
                establish procedures and guidelines for making 
                loans under this paragraph.
          [(9)] (8) State law permitting tolling.--If a State 
        does not have a highway, bridge, or tunnel toll 
        facility as of the date of enactment of the MAP-21, 
        before commencing any activity authorized under this 
        section, the State shall have in effect a law that 
        permits tolling on a highway, bridge, or tunnel.
          [(10)] (9) Definitions.--In this subsection, the 
        following definitions apply:
                  (A) High occupancy vehicle; HOV.--The term 
                ``high occupancy vehicle'' or ``HOV'' means a 
                vehicle with not fewer than 2 occupants.
                  (B) Initial construction.--
                          (i) In general.--The term ``initial 
                        construction'' means the construction 
                        of a highway, bridge, tunnel, or other 
                        facility at any time before it is open 
                        to traffic.
                          (ii) Exclusions.--The term ``initial 
                        construction'' does not include any 
                        improvement to a highway, bridge, 
                        tunnel, or other facility after it is 
                        open to traffic.
                  (C) Public authority.--The term ``public 
                authority'' means a State, interstate compact 
                of States, or public entity designated by a 
                State.
                  (D) Toll facility.--The term ``toll 
                facility'' means a toll highway, bridge, or 
                tunnel or approach to the highway, bridge, or 
                tunnel constructed under this subsection.
  (b) Notwithstanding the provisions of section 301 of this 
title, the Secretary may permit Federal participation under 
this title in the construction of a project constituting an 
approach to a ferry, whether toll or free, the route of which 
is a public road and has not been designated as a route on the 
Interstate System. Such ferry may be either publicly or 
privately owned and operated, but the operating authority and 
the amount of fares charged for passage shall be under the 
control of a State agency or official, and all revenues derived 
from publicly owned or operated ferries shall be applied to 
payment of the cost of construction or acquisition thereof, 
including debt service, and to actual and necessary costs of 
operation, maintenance, repair, and replacement.
  (c) Notwithstanding section 301 of this title, the Secretary 
may permit Federal participation under this title in the 
construction of ferry boats and ferry terminal facilities, 
whether toll or free, subject to the following conditions:
          (1) It is not feasible to build a bridge, tunnel, 
        combination thereof, or other normal highway structure 
        in lieu of the use of such ferry.
          (2) The operation of the ferry shall be on a route 
        classified as a public road within the State and which 
        has not been designated as a route on the Interstate 
        System. Projects under this subsection may be eligible 
        for both ferry boats carrying cars and passengers and 
        ferry boats carrying passengers only.
          (3) Such ferry boat or ferry terminal facility shall 
        be publicly owned or operated or majority publicly 
        owned if the Secretary determines with respect to a 
        majority publicly owned ferry or ferry terminal 
        facility that such ferry boat or ferry terminal 
        facility provides substantial public benefits.
          (4) The operating authority and the amount of fares 
        charged for passage on such ferry shall be under the 
        control of the State or other public entity, and all 
        revenues derived therefrom shall be applied to actual 
        and necessary costs of operation, maintenance, and 
        repair, debt service, negotiated management fees, and, 
        in the case of a privately operated toll ferry, for a 
        reasonable rate of return.
          (5) Such ferry may be operated only within the State 
        (including the islands which comprise the State of 
        Hawaii and the islands which comprise any territory of 
        the United States) or between adjoining States or 
        between a point in a State and a point in the Dominion 
        of Canada. Except with respect to operations between 
        the islands which comprise the State of Hawaii, 
        operations between the islands which comprise any 
        territory of the United States, operations between a 
        point in a State and a point in the Dominion of Canada, 
        and operations between any two points in Alaska and 
        between Alaska and Washington, including stops at 
        appropriate points in the Dominion of Canada, no part 
        of such ferry operation shall be in any foreign or 
        international waters.
          (6) No such ferry shall be sold, leased, or otherwise 
        disposed of without the approval of the Secretary. The 
        Federal share of any proceeds from such a disposition 
        shall be credited to the unprogramed balance of 
        Federal-aid highway funds of the same class last 
        apportioned to such State. Any amount so credited shall 
        be in addition to all other funds then apportioned to 
        such State and available for expenditure in accordance 
        with the provisions of this title.

Sec. 130. Railway-highway crossings

  (a) Subject to section 120 and subsection (b) of this 
section, the entire cost of construction of projects for the 
elimination of hazards of railway-highway crossings, including 
the separation or protection of grades at crossings, the 
reconstruction of existing railroad grade crossing structures, 
and the relocation of highways to eliminate grade crossings, 
may be paid from sums apportioned in accordance with section 
104 of this title. In any case when the elimination of the 
hazards of a railway-highway crossing can be effected by the 
relocation of a portion of a railway at a cost estimated by the 
Secretary to be less than the cost of such elimination by one 
of the methods mentioned in the first sentence of this section, 
then the entire cost of such relocation project, subject to 
section 120 and subsection (b) of this section, may be paid 
from sums apportioned in accordance with section 104 of this 
title.
  (b) The Secretary may classify the various types of projects 
involved in the elimination of hazards of railway-highway 
crossings, and may set for each such classification a 
percentage of the costs of construction which shall be deemed 
to represent the net benefit to the railroad or railroads for 
the purpose of determining the railroad's share of the cost of 
construction. The percentage so determined shall in no case 
exceed 10 per centum. The Secretary shall determine the 
appropriate classification of each project.
  (c) Any railroad involved in a project for the elimination of 
hazards of railway-highway crossings paid for in whole or in 
part from sums made available for expenditure under this title, 
or prior Acts, shall be liable to the United States for the net 
benefit to the railroad determined under the classification of 
such project made pursuant to subsection (b) of this section. 
Such liability to the United States may be discharged by direct 
payment to the State transportation department of the State in 
which the project is located, in which case such payment shall 
be credited to the cost of the project. Such payment may 
consist in whole or in part of materials and labor furnished by 
the railroad in connection with the construction of such 
project. If any such railroad fails to discharge such liability 
within a six-month period after completion of the project, it 
shall be liable to the United States for its share of the cost, 
and the Secretary shall request the Attorney General to 
institute proceedings against such railroad for the recovery of 
the amount for which it is liable under this subsection. The 
Attorney General is authorized to bring such proceedings on 
behalf of the United States, in the appropriate district court 
of the United States, and the United States shall be entitled 
in such proceedings to recover such sums as it is considered 
and adjudged by the court that such railroad is liable for in 
the premises. Any amounts recovered by the United States under 
this subsection shall be credited to miscellaneous receipts.
  (d) Survey and Schedule of Projects.--Each State shall 
conduct and systematically maintain a survey of all highways to 
identify those railroad crossings which may require separation, 
relocation, or protective devices, and establish and implement 
a schedule of projects for this purpose. At a minimum, such a 
schedule shall provide signs for all railway-highway crossings.
  (e) Funds for Protective Devices.--
          [(1) In general.--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, at least 
        $220,000,000 for the elimination of hazards and the 
        installation of protective devices at railway-highway 
        crossings. At least 1/2 of the funds authorized for and 
        expended under this section shall be available for the 
        installation of protective devices at railway-highway 
        crossings. Sums authorized to be appropriated to carry 
        out this section shall be available for obligation in 
        the same manner as funds apportioned under section 
        104(b)(1) of this title.]
          (1) In general.--
                  (A) Set aside.--Before making an 
                apportionment under section 104(b)(3) for a 
                fiscal year, the Secretary shall set aside, 
                from amounts made available to carry out the 
                highway safety improvement program under 
                section 148 for such fiscal year, for the 
                elimination of hazards and the installation of 
                protective devices at railway-highway crossings 
                at least--
                          (i) $225,000,000 for fiscal year 
                        2016;
                          (ii) $230,000,000 for fiscal year 
                        2017;
                          (iii) $235,000,000 for fiscal year 
                        2018;
                          (iv) $240,000,000 for fiscal year 
                        2019;
                          (v) $245,000,000 for fiscal year 
                        2020; and
                          (vi) $250,000,000 for fiscal year 
                        2021.
                  (B) Installation of protective devices.--At 
                least 1/2 of the funds set aside each fiscal 
                year under subparagraph (A) shall be available 
                for the installation of protective devices at 
                railway-highway crossings.
                  (C) Obligation availability.--Sums set aside 
                each fiscal year under subparagraph (A) shall 
                be available for obligation in the same manner 
                as funds apportioned under section 104(b)(1) of 
                this title.
          (2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met 
        all its needs for installation of protective devices at 
        railway-highway crossings, the State may use funds made 
        available by this section for other highway safety 
        improvement program purposes.
  (f) Apportionment.--
          (1) Formula.--Fifty percent of the funds set aside to 
        carry out this section pursuant to subsection (e)(1) 
        shall be apportioned to the States in accordance with 
        the formula set forth in section 104(b)(3)(A) as in 
        effect on the day before the date of enactment of the 
        MAP-21, and 50 percent of such funds shall be 
        apportioned to the States in the ratio that total 
        public railway-highway crossings in each State bears to 
        the total of such crossings in all States.
          (2) Minimum apportionment.--Notwithstanding paragraph 
        (1), each State shall receive a minimum of one-half of 
        1 percent of the funds apportioned under paragraph (1).
          (3) Federal share.--The Federal share payable on 
        account of any project financed with funds set aside to 
        carry out this section shall be 90 percent of the cost 
        thereof.
  (g) Annual Report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and 
Transportation, of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, not later than April 1, 2006, and every 2 
years thereafter,, on the progress being made by the State in 
implementing projects to improve railway-highway crossings. The 
report shall include, but not be limited to, the number of 
projects undertaken, their distribution by cost range, road 
system, nature of treatment, and subsequent accident experience 
at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any 
State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include 
recommendations for future implementation of the railroad 
highway crossings program.
  (h) Use of Funds for Matching.--Funds authorized to be 
appropriated to carry out this section may be used to provide a 
local government with funds to be used on a matching basis when 
State funds are available which may only be spent when the 
local government produces matching funds for the improvement of 
railway-highway crossings.
  (i) Incentive Payments for At-Grade Crossing Closures.--
          (1) In general.--Notwithstanding any other provision 
        of this section and subject to paragraphs (2) and (3), 
        a State may, from sums available to the State under 
        this section, make incentive payments to local 
        governments in the State upon the permanent closure by 
        such governments of public at-grade railway-highway 
        crossings under the jurisdiction of such governments.
          (2) Incentive payments by railroads.--A State may not 
        make an incentive payment under paragraph (1) to a 
        local government with respect to the closure of a 
        crossing unless the railroad owning the tracks on which 
        the crossing is located makes an incentive payment to 
        the government with respect to the closure.
          (3) Amount of state payment.--The amount of the 
        incentive payment payable to a local government by a 
        State under paragraph (1) with respect to a crossing 
        may not exceed the lesser of--
                  (A) the amount of the incentive payment paid 
                to the government with respect to the crossing 
                by the railroad concerned under paragraph (2); 
                or
                  (B) $7,500.
          (4) Use of state payments.--A local government 
        receiving an incentive payment from a State under 
        paragraph (1) shall use the amount of the incentive 
        payment for transportation safety improvements.
  (j) Bicycle Safety.--In carrying out projects under this 
section, a State shall take into account bicycle safety.
  (k) Expenditure of Funds.--Not more than 2 percent of funds 
apportioned to a State to carry out this section may be used by 
the State for compilation and analysis of data in support of 
activities carried out under subsection (g).
  (l) National Crossing Inventory.--
          (1) Initial reporting of crossing information.--Not 
        later than 1 year after the date of enactment of the 
        Rail Safety Improvement Act of 2008 or within 6 months 
        of a new crossing becoming operational, whichever 
        occurs later, each State shall report to the Secretary 
        of Transportation current information, including 
        information about warning devices and signage, as 
        specified by the Secretary, concerning each previously 
        unreported public crossing located within its borders.
          (2) Periodic updating of crossing information.--On a 
        periodic basis beginning not later than 2 years after 
        the date of enactment of the Rail Safety Improvement 
        Act of 2008 and on or before September 30 of every year 
        thereafter, or as otherwise specified by the Secretary, 
        each State shall report to the Secretary current 
        information, including information about warning 
        devices and signage, as specified by the Secretary, 
        concerning each public crossing located within its 
        borders.

           *       *       *       *       *       *       *


Sec. 133. [Surface transportation program]  Surface transportation 
                    block grant program

  [(a) Establishment.--The Secretary shall establish a surface 
transportation program in accordance with this section.
  [(b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(2) for the surface 
transportation program only for the following:
          [(1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, preservation, or operational 
        improvements for highways, including construction of 
        designated routes of the Appalachian development 
        highway system and local access roads under section 
        14501 of title 40.
          [(2) Replacement (including replacement with fill 
        material), rehabilitation, preservation, protection 
        (including painting, scour countermeasures, seismic 
        retrofits, impact protection measures, security 
        countermeasures, and protection against extreme events) 
        and application of calcium magnesium acetate, sodium 
        acetate/ formate, or other environmentally acceptable, 
        minimally corrosive anti-icing and deicing compositions 
        for bridges (and approaches to bridges and other 
        elevated structures) and tunnels on public roads of all 
        functional classifications, including any such 
        construction or reconstruction necessary to accommodate 
        other transportation modes.
          [(3) Construction of a new bridge or tunnel at a new 
        location on a Federal-aid highway.
          [(4) Inspection and evaluation of bridges and tunnels 
        and training of bridge and tunnel inspectors (as 
        defined in section 144), and inspection and evaluation 
        of other highway assets (including signs, retaining 
        walls, and drainage structures).
          [(5) Capital costs for transit projects eligible for 
        assistance under chapter 53 of title 49, including 
        vehicles and facilities, whether publicly or privately 
        owned, that are used to provide intercity passenger 
        service by bus.
          [(6) Carpool projects, fringe and corridor parking 
        facilities and programs, including electric vehicle and 
        natural gas vehicle infrastructure in accordance with 
        section 137, bicycle transportation and pedestrian 
        walkways in accordance with section 217, and the 
        modifications of public sidewalks to comply with the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
          [(7) Highway and transit safety infrastructure 
        improvements and programs, installation of safety 
        barriers and nets on bridges, hazard eliminations, 
        projects to mitigate hazards caused by wildlife, and 
        railway-highway grade crossings.
          [(8) Highway and transit research and development and 
        technology transfer programs.
          [(9) Capital and operating costs for traffic 
        monitoring, management, and control facilities and 
        programs, including advanced truck stop electrification 
        systems.
          [(10) Surface transportation planning programs.
          [(11) Transportation alternatives.
          [(12) Transportation control measures listed in 
        section 108(f)(1)(A) (other than clause (xvi)) of the 
        Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
          [(13) Development and establishment of management 
        systems
          [(14) Environmental mitigation efforts relating to 
        projects funded under this title in the same manner and 
        to the same extent as such activities are eligible 
        under section 119(g).
          [(15) Projects relating to intersections that--
                  [(A) have disproportionately high accident 
                rates;
                  [(B) have high levels of congestion, as 
                evidenced by--
                          [(i) interrupted traffic flow at the 
                        intersection; and
                          [(ii) a level of service rating that 
                        is not better than ``F''' during peak 
                        travel hours, calculated in accordance 
                        with the Highway Capacity Manual issued 
                        by the Transportation Research Board; 
                        and
                  [(C) are located on a Federal-aid highway.
          [(16) Infrastructure-based intelligent transportation 
        systems capital improvements.
          [(17) Environmental restoration and pollution 
        abatement in accordance with section 328.
          [(18) Control of noxious weeds and aquatic noxious 
        weeds and establishment of native species in accordance 
        with section 329.
          [(19) Projects and strategies designed to support 
        congestion pricing, including electric toll collection 
        and travel demand management strategies and programs.
          [(20) Recreational trails projects eligible for 
        funding under section 206.
          [(21) Construction of ferry boats and ferry terminal 
        facilities eligible for funding under section 129(c).
          [(22) Border infrastructure projects eligible for 
        funding under section 1303 of the SAFETEA-LU (23 U.S.C. 
        101 note; Public Law 109-59).
          [(23) Truck parking facilities eligible for funding 
        under section 1401 of the MAP-21.
          [(24) Development and implementation of a State asset 
        management plan for the National Highway System in 
        accordance with section 119, including data collection, 
        maintenance, and integration and the costs associated 
        with obtaining, updating, and licensing software and 
        equipment required for risk based asset management and 
        performance based management, and for similar 
        activities related to the development and 
        implementation of a performance based management 
        program for other public roads.
          [(25) A project that, if located within the 
        boundaries of a port terminal, includes only such 
        surface transportation infrastructure modifications as 
        are necessary to facilitate direct intermodal 
        interchange, transfer, and access into and out of the 
        port.
          [(26) Construction and operational improvements for 
        any minor collector if--
                  [(A) the minor collector, and the project to 
                be carried out with respect to the minor 
                collector, are in the same corridor as, and in 
                proximity to, a Federal-aid highway designated 
                as part of the National Highway System;
                  [(B) the construction or improvements will 
                enhance the level of service on the Federal-aid 
                highway described in subparagraph (A) and 
                improve regional traffic flow; and
                  [(C) the construction or improvements are 
                more cost-effective, as determined by a 
                benefit-cost analysis, than an improvement to 
                the Federal-aid highway described in 
                subparagraph (A).
  [(c) Location of Projects.--Surface transportation program 
projects may not be undertaken on roads functionally classified 
as local or rural minor collectors unless the roads were on a 
Federal-aid highway system on January 1, 1991, except--
          [(1) as provided in subsection (g);
          [(2) for projects described in paragraphs (2), (4), 
        (6), (7), (11), (20), (25), and (26) of subsection (b); 
        and
          [(3) 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)--
                  [(A) 50 percent 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) 50 percent 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)(ii), 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.
  [(e) Administration.--
          [(1) Submission of project agreement.--For each 
        fiscal year, each State shall submit a project 
        agreement that--
                  [(A) certifies that the State will meet all 
                the requirements of this section; and
                  [(B) notifies the Secretary of the amount of 
                obligations needed to carry out the program 
                under this section.
          [(2) Request for adjustments of amounts.--Each State 
        shall request from the Secretary such adjustments to 
        the amount of obligations referred to in paragraph 
        (1)(B) as the State determines to be necessary.
          [(3) Effect of approval by the Secretary.--Approval 
        by the Secretary of a project agreement under paragraph 
        (1) shall be deemed a contractual obligation of the 
        United States to pay surface transportation program 
        funds made available under this title.]
  (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 chapter 6, subsidy 
        and administrative costs necessary to provide an 
        eligible entity Federal credit assistance under chapter 
        6 with respect to a project eligible for assistance 
        under this section.
          (14) The creation and operation by a State of an 
        office to assist in the design, implementation, and 
        oversight of public-private partnerships eligible to 
        receive funding under this title and chapter 53 of 
        title 49, and the payment of a stipend to unsuccessful 
        private bidders to offset their proposal development 
        costs, if necessary to encourage robust competition in 
        public-private partnership procurements.
          (15) Any type of project eligible under this section 
        as in effect on the day before the date of enactment of 
        the Surface Transportation Reauthorization and Reform 
        Act of 2015, including projects described under section 
        101(a)(29) as in effect on such day.
  (c) Location of Projects.--A surface transportation block 
grant project may not be undertaken on a road functionally 
classified as a local road or a rural minor collector unless 
the road was on a Federal-aid highway system on January 1, 
1991, except--
          (1) for a bridge or tunnel project (other than the 
        construction of a new bridge or tunnel at a new 
        location);
          (2) for a project described in paragraphs (4) through 
        (11) of subsection (b);
          (3) for a project described in section 101(a)(29), as 
        in effect on the day before the date of enactment of 
        the Surface Transportation Reauthorization and Reform 
        Act of 2015; and
          (4) as approved by the Secretary.
  (d) Allocations of Apportioned Funds to Areas Based on 
Population.--
          (1) Calculation.--Of the funds apportioned to a State 
        under section 104(b)(2) (after the reservation of funds 
        under subsection (h))--
                  (A) the percentage specified in paragraph (6) 
                for a fiscal year shall be obligated under this 
                section, in proportion to their relative shares 
                of the population of the State--
                          (i) in urbanized areas of the State 
                        with an urbanized area population of 
                        over 200,000;
                          (ii) in areas of the State other than 
                        urban areas with a population greater 
                        than 5,000; and
                          (iii) in other areas of the State; 
                        and
                  (B) the remainder may be obligated in any 
                area of the State.
          (2) Metropolitan areas.--Funds attributed to an 
        urbanized area under paragraph (1)(A)(i) may be 
        obligated in the metropolitan area established under 
        section 134 that encompasses the urbanized area.
          (3) Consultation with regional transportation 
        planning organizations.--For purposes of paragraph 
        (1)(A)(iii), before obligating funding attributed to an 
        area with a population greater than 5,000 and less than 
        200,000, a State shall consult with the regional 
        transportation planning organizations that represent 
        the area, if any.
          (4) Distribution among urbanized areas of over 
        200,000 population.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount of funds that a 
                State is required to obligate under paragraph 
                (1)(A)(i) shall be obligated in urbanized areas 
                described in paragraph (1)(A)(i) based on the 
                relative population of the areas.
                  (B) Other factors.--The State may obligate 
                the funds described in subparagraph (A) based 
                on other factors if the State and the relevant 
                metropolitan planning organizations jointly 
                apply to the Secretary for the permission to 
                base the obligation on other factors and the 
                Secretary grants the request.
          (5) Applicability of planning requirements.--
        Programming and expenditure of funds for projects under 
        this section shall be consistent with sections 134 and 
        135.
          (6) Percentage.--The percentage referred to in 
        paragraph (1)(A) is--
                  (A) for fiscal year 2016, 51 percent;
                  (B) for fiscal year 2017, 52 percent;
                  (C) for fiscal year 2018, 53 percent;
                  (D) for fiscal year 2019, 54 percent;
                  (E) for fiscal year 2020, 55 percent; and
                  (F) for fiscal year 2021, 55 percent.
  [(f)] (e) Obligation Authority.--
          (1) In general.--A State that is required to obligate 
        in an urbanized area with an urbanized area population 
        of over 200,000 individuals under subsection (d) funds 
        apportioned to the State under section [104(b)(3)] 
        104(b)(2) shall make available during the period of 
        [fiscal years 2011 through 2014] fiscal years 2016 
        through 2021 an amount of obligation authority 
        distributed to the State for Federal-aid highways and 
        highway safety construction programs for use in the 
        area that is equal to the amount obtained by 
        multiplying--
                  (A) the aggregate amount of funds that the 
                State is required to obligate in the area under 
                subsection (d) during the period; and
                  (B) the ratio that--
                          (i) the aggregate amount of 
                        obligation authority distributed to the 
                        State for Federal-aid highways and 
                        highway safety construction programs 
                        during the period; bears to
                          (ii) the total of the sums 
                        apportioned to the State for Federal-
                        aid highways and highway safety 
                        construction programs (excluding sums 
                        not subject to an obligation 
                        limitation) during the period.
          (2) Joint responsibility.--Each State, each affected 
        metropolitan planning organization, and the Secretary 
        shall jointly ensure compliance with paragraph (1).
  [(g)] (f) Bridges Not on Federal-aid Highways.--
          (1) Definition of off-system bridge.--In this 
        subsection, the term ``off-system bridge'' means a 
        highway bridge located on a public road, other than a 
        bridge on a Federal-aid highway.
          (2) Special rule.--
                  (A) Set-aside.--Of the amounts apportioned to 
                a State for fiscal year 2013 and each fiscal 
                year thereafter under this section, the State 
                shall obligate for activities described in 
                subsection (b)(2) for off-system bridges an 
                amount that is not less than 15 percent of the 
                amount of funds apportioned to the State for 
                the highway bridge program for fiscal year 
                2009, except that amounts allocated under 
                subsection (d) shall not be obligated to carry 
                out this subsection.
                  (B) Reduction of expenditures.--The 
                Secretary, after consultation with State and 
                local officials, may reduce the requirement for 
                expenditures for off-system bridges under 
                subparagraph (A) with respect to the State if 
                the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
          (3) Credit for bridges not on Federal-aid highways.--
        Notwithstanding any other provision of law, with 
        respect to any project not on a Federal-aid highway for 
        the replacement of a bridge or rehabilitation of a 
        bridge that is wholly funded from State and local 
        sources, is eligible for Federal funds under this 
        section, is noncontroversial, is certified by the State 
        to have been carried out in accordance with all 
        standards applicable to such projects under this 
        section, and is determined by the Secretary upon 
        completion to be no longer a deficient bridge--
                  (A) any amount expended after the date of 
                enactment of this subsection from State and 
                local sources for the project in excess of 20 
                percent of the cost of construction of the 
                project may be credited to the non-Federal 
                share of the cost of other bridge projects in 
                the State that are eligible for Federal funds 
                under this section; and
                  (B) that crediting shall be conducted in 
                accordance with procedures established by the 
                Secretary.
  [(h)] (g) Special Rule for Areas of Less Than 5,000 
Population.--
          (1) Special rule.--Notwithstanding subsection (c), 
        and except as provided in paragraph (2), up to 15 
        percent of the amounts required to be obligated by a 
        State [under subsection (d)(1)(A)(iii) for each of 
        fiscal years 2013 through 2014] under subsection 
        (d)(1)(A)(ii) for each of fiscal years 2016 through 
        2021 may be obligated on roads functionally classified 
        as minor collectors.
          (2) Suspension.--The Secretary may suspend the 
        application of paragraph (1) with respect to a State if 
        the Secretary determines that the authority provided 
        under paragraph (1) is being used excessively by the 
        State.
  (h) STP Set-Aside.--
          (1) Reservation of funds.--Of the funds apportioned 
        to a State under section 104(b)(2) for each fiscal 
        year, the Secretary shall reserve an amount such that--
                  (A) the Secretary reserves a total of 
                $819,900,000 under this subsection; and
                  (B) the State's share of that total is 
                determined by multiplying the amount under 
                subparagraph (A) by the ratio that--
                          (i) the amount apportioned to the 
                        State for the transportation 
                        enhancements program for fiscal year 
                        2009 under section 133(d)(2), as in 
                        effect on the day before the date of 
                        enactment of MAP-21; bears to
                          (ii) the total amount of funds 
                        apportioned to all States for the 
                        transportation enhancements program for 
                        fiscal year 2009.
          (2) Allocation within a state.--Funds reserved for a 
        State under paragraph (1) shall be obligated within 
        that State in the manner described in subsection (d), 
        except that, for purposes of this paragraph (after 
        funds are made available under paragraph (5))--
                  (A) for each fiscal year, the percentage 
                referred to in paragraph (1)(A) of that 
                subsection shall be deemed to be 50 percent; 
                and
                  (B) the following provisions shall not apply:
                          (i) Paragraph (3) of subsection (d).
                          (ii) Subsection (e).
          (3) Eligible projects.--Funds reserved under this 
        subsection may be obligated for projects or activities 
        described in section 101(a)(29) or 213, as such 
        provisions were in effect on the day before the date of 
        enactment of the Surface Transportation Reauthorization 
        and Reform Act of 2015.
          (4) Access to funds.--
                  (A) In general.--A State or metropolitan 
                planning organization required to obligate 
                funds in accordance with paragraph (2) shall 
                develop a competitive process to allow eligible 
                entities to submit projects for funding that 
                achieve the objectives of this subsection. A 
                metropolitan planning organization for an area 
                described in subsection (d)(1)(A)(i) shall 
                select projects under such process in 
                consultation with the relevant State.
                  (B) Eligible entity defined.--In this 
                paragraph, the term ``eligible entity'' means--
                          (i) a local government;
                          (ii) a regional transportation 
                        authority;
                          (iii) a transit agency;
                          (iv) a natural resource or public 
                        land agency;
                          (v) a school district, local 
                        education agency, or school;
                          (vi) a tribal government; and
                          (vii) any other local or regional 
                        governmental entity with responsibility 
                        for or oversight of transportation or 
                        recreational trails (other than a 
                        metropolitan planning organization or a 
                        State agency) that the State determines 
                        to be eligible, consistent with the 
                        goals of this subsection.
          (5) Continuation of certain recreational trails 
        projects.--For each fiscal year, a State shall--
                  (A) obligate an amount of funds reserved 
                under this section equal to the amount of the 
                funds apportioned to the State for fiscal year 
                2009 under section 104(h)(2), as in effect on 
                the day before the date of enactment of MAP-21, 
                for projects relating to recreational trails 
                under section 206;
                  (B) return 1 percent of those funds to the 
                Secretary for the administration of that 
                program; and
                  (C) comply with the provisions of the 
                administration of the recreational trails 
                program under section 206, including the use of 
                apportioned funds described in subsection 
                (d)(3)(A) of that section.
          (6) State flexibility.--
                  (A) Recreational trails.--A State may opt out 
                of the recreational trails program under 
                paragraph (5) if the Governor of the State 
                notifies the Secretary not later than 30 days 
                prior to apportionments being made for any 
                fiscal year.
                  (B) Large urbanized areas.--A metropolitan 
                planning area may use not to exceed 50 percent 
                of the funds reserved under this subsection for 
                an urbanized area described in subsection 
                (d)(1)(A)(i) for any purpose eligible under 
                subsection (b).
  (i) Treatment of Projects.--Notwithstanding any other 
provision of law, projects funded under this section (excluding 
those carried out under subsection (h)(5)) shall be treated as 
projects on a Federal-aid highway under this chapter.

Sec. 134. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          (1) to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          (2) to encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 135(d).
  (b) Definitions.--In this section and section 135, the 
following definitions apply:
          (1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization established as a result of the 
        designation process under subsection (d).
          (3) Nonmetropolitan area.--The term ``nonmetropolitan 
        area'' means a geographic area outside designated 
        metropolitan planning areas.
          (4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          (5) Regional transportation planning organization.--
        The term ``regional transportation planning 
        organization'' means a policy board of an organization 
        established as the result of a designation under 
        section 135(m).
          (6) TIP.--The term ``TIP'' means a transportation 
        improvement program developed by a metropolitan 
        planning organization under subsection (j).
          (7) Urbanized area.--The term ``urbanized area'' 
        means a geographic area with a population of 50,000 or 
        more, as determined by the Bureau of the Census.
  (c) General Requirements.--
          (1) Development of long-range plans and tips.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long- 
        range transportation plans and transportation 
        improvement programs through a performance-driven, 
        outcome-based approach to planning for metropolitan 
        areas of the State.
          (2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways [and bicycle transportation facilities], 
        bicycle transportation facilities, and intermodal 
        facilities that support intercity transportation, 
        including intercity buses and intercity bus facilities) 
        that will function as an intermodal transportation 
        system for the metropolitan planning area and as an 
        integral part of an intermodal transportation system 
        for the State and the United States.
          (3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  (d) Designation of Metropolitan Planning Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  (A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census); or
                  (B) in accordance with procedures established 
                by applicable State or local law.
          (2) Structure.--Not later than 2 years after the date 
        of enactment of MAP-21, each metropolitan planning 
        organization that serves an area designated as a 
        transportation management area shall consist of--
                  (A) local elected officials;
                  (B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area, 
                including representation by providers of public 
                transportation; and
                  (C) appropriate State officials.
          (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).
          [(3)] (4) Limitation on statutory construction.--
        Nothing in this subsection shall be construed to 
        interfere with the authority, under any State law in 
        effect on December 18, 1991, of a public agency with 
        multimodal transportation responsibilities--
                  (A) to develop the plans and TIPs for 
                adoption by a metropolitan planning 
                organization; and
                  (B) to develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          [(4)] (5) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under [paragraph (5)] paragraph (6).
          [(5)] (6) Redesignation procedures.--
                  (A) In general.--A metropolitan planning 
                organization may be redesignated by agreement 
                between the Governor and units of general 
                purpose local government that together 
                represent at least 75 percent of the existing 
                planning area population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census) as 
                appropriate to carry out this section.
                  (B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of paragraph (2) without 
                undertaking a redesignation.
          [(6)] (7) Designation of more than 1 metropolitan 
        planning organization.--More than 1 metropolitan 
        planning organization may be designated within an 
        existing metropolitan planning area only if the 
        Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        the existing metropolitan planning area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
  (e) Metropolitan Planning Area Boundaries.--
          (1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          (2) Included area.--Each metropolitan planning area--
                  (A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  (B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          (3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          (4) Existing metropolitan planning areas in 
        nonattainment.--
                  (A) In general.--Notwithstanding paragraph 
                (2), except as provided in subparagraph (B), in 
                the case of an urbanized area designated as a 
                nonattainment area for ozone or carbon monoxide 
                under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) as of the date of enactment of the 
                SAFETEA-LU, the boundaries of the metropolitan 
                planning area in existence as of such date of 
                enactment shall be retained.
                  (B) Exception.--The boundaries described in 
                subparagraph (A) may be adjusted by agreement 
                of the Governor and affected metropolitan 
                planning organizations in the manner described 
                in [subsection (d)(5)] subsection (d)(6).
          (5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the SAFETEA-
        LU, as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  (A) shall be established in the manner 
                described in subsection (d)(1);
                  (B) shall encompass the areas described in 
                paragraph (2)(A);
                  (C) may encompass the areas described in 
                paragraph (2)(B); and
                  (D) may address any nonattainment area 
                identified under the Clean Air Act (42 U.S.C. 
                7401 et seq.) for ozone or carbon monoxide.
  (f) Coordination in Multistate Areas.--
          (1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          (2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  (A) to enter into agreements or compacts, not 
                in conflict with any law of the United States, 
                for cooperative efforts and mutual assistance 
                in support of activities authorized under this 
                section as the activities pertain to interstate 
                areas and localities within the States; and
                  (B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          (3) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (g) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within a 
        metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act (42 U.S.C. 7401 et seq.), each 
        metropolitan planning organization shall consult with 
        the other metropolitan planning organizations 
        designated for such area and the State in the 
        coordination of plans and TIPs required by this 
        section.
          (2) Transportation improvements located in multiple 
        MPOS.--If a transportation improvement, funded from the 
        Highway Trust Fund or authorized under chapter 53 of 
        title 49, is located within the boundaries of more than 
        1 metropolitan planning area, the metropolitan planning 
        organizations shall coordinate plans and TIPs regarding 
        the transportation improvement.
          (3) Relationship with other planning officials.--
                  (A) In general.--The Secretary shall 
                encourage each metropolitan planning 
                organization to consult with officials 
                responsible for other types of planning 
                activities that are affected by transportation 
                in the area (including State and local planned 
                growth, economic development, tourism, natural 
                disaster risk reduction, environmental 
                protection, airport operations, and freight 
                movements) or to coordinate its planning 
                process, to the maximum extent practicable, 
                with such planning activities.
                  (B) Requirements.--Under the metropolitan 
                planning process, transportation plans and TIPs 
                shall be developed with due consideration of 
                other related planning activities within the 
                metropolitan area, and the process shall 
                provide for the design and delivery of 
                transportation services within the metropolitan 
                area that are provided by--
                          (i) recipients of assistance under 
                        chapter 53 of title 49;
                          (ii) governmental agencies and 
                        nonprofit organizations (including 
                        representatives of the agencies and 
                        organizations) that receive Federal 
                        assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; 
                        and
                          (iii) recipients of assistance under 
                        section 204.
  (h) Scope of Planning Process.--
          (1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and for freight;
                  (E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  (G) promote efficient system management and 
                operation; [and]
                  (H) emphasize the preservation of the 
                existing transportation system[.];
                  (I) improve the resilience and reliability of 
                the transportation system; and
                  (J) enhance travel and tourism.
          (2) Performance-based approach.--
                  (A) In general.--The metropolitan 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of this title [and in section 
                5301(c) of title 49] and the general purposes 
                described in section 5301 of title 49.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each 
                                metropolitan planning 
                                organization shall establish 
                                performance targets that 
                                address the performance 
                                measures described in section 
                                150(c), where applicable, to 
                                use in tracking progress 
                                towards attainment of critical 
                                outcomes for the region of the 
                                metropolitan planning 
                                organization.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                metropolitan planning 
                                organization shall be 
                                coordinated with the relevant 
                                State to ensure consistency, to 
                                the maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--Selection of 
                        performance targets by a metropolitan 
                        planning organization shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d) of 
                        title 49.
                  (C) Timing.--Each metropolitan planning 
                organization shall establish the performance 
                targets under subparagraph (B) not later than 
                180 days after the date on which the relevant 
                State or provider of public transportation 
                establishes the performance targets.
                  (D) Integration of other performance-based 
                plans.--A metropolitan planning organization 
                shall integrate in the metropolitan 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance 
                measures, and targets described in other State 
                transportation plans and transportation 
                processes, as well as any plans developed under 
                chapter 53 of title 49 by providers of public 
                transportation, required as part of a 
                performance-based program.
          (3) Failure to consider factors.--The failure to 
        consider any factor specified in paragraphs (1) and (2) 
        shall not be reviewable by any court under this title 
        or chapter 53 of title 49, subchapter II of chapter 5 
        of title 5, or chapter 7 of title 5 in any matter 
        affecting a transportation plan, a TIP, a project or 
        strategy, or the certification of a planning process.
  (i) Development of Transportation Plan.--
          (1) Requirements.--
                  (A) In general.--Each metropolitan planning 
                organization shall prepare and update a 
                transportation plan for its metropolitan 
                planning area in accordance with the 
                requirements of this subsection.
                  (B) Frequency.--
                          (i) In general.--The metropolitan 
                        planning organization shall prepare and 
                        update such plan every 4 years (or more 
                        frequently, if the metropolitan 
                        planning organization elects to update 
                        more frequently) in the case of each of 
                        the following:
                                  (I) Any area designated as 
                                nonattainment, as defined in 
                                section 107(d) of the Clean Air 
                                Act (42 U.S.C. 7407(d)).
                                  (II) Any area that was 
                                nonattainment and subsequently 
                                designated to attainment in 
                                accordance with section 
                                107(d)(3) of that Act (42 
                                U.S.C. 7407(d)(3)) and that is 
                                subject to a maintenance plan 
                                under section 175A of that Act 
                                (42 U.S.C. 7505a).
                          (ii) Other areas.--In the case of any 
                        other area required to have a 
                        transportation plan in accordance with 
                        the requirements of this subsection, 
                        the metropolitan planning organization 
                        shall prepare and update such plan 
                        every 5 years unless the metropolitan 
                        planning organization elects to update 
                        more frequently.
          (2) Transportation plan.--A transportation plan under 
        this section shall be in a form that the Secretary 
        determines to be appropriate and shall contain, at a 
        minimum, the following:
                  (A) Identification of transportation 
                facilities.--
                          (i) In general.--An identification of 
                        transportation facilities (including 
                        major roadways, [transit,] public 
                        transportation facilities, intercity 
                        bus facilities, multimodal and 
                        intermodal facilities, nonmotorized 
                        transportation facilities, and 
                        intermodal connectors) that should 
                        function as an integrated metropolitan 
                        transportation system, giving emphasis 
                        to those facilities that serve 
                        important national and regional 
                        transportation functions.
                          (ii) Factors.--In formulating the 
                        transportation plan, the metropolitan 
                        planning organization shall consider 
                        factors described in subsection (h) as 
                        the factors relate to a 20-year 
                        forecast period.
                  (B) Performance measures and targets.--A 
                description of the performance measures and 
                performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (h)(2).
                  (C) System performance report.--A system 
                performance report and subsequent updates 
                evaluating the condition and performance of the 
                transportation system with respect to the 
                performance targets described in subsection 
                (h)(2), including--
                          (i) progress achieved by the 
                        metropolitan planning organization in 
                        meeting the performance targets in 
                        comparison with system performance 
                        recorded in previous reports; and
                          (ii) for metropolitan planning 
                        organizations that voluntarily elect to 
                        develop multiple scenarios, an analysis 
                        of how the preferred scenario has 
                        improved the conditions and performance 
                        of the transportation system and how 
                        changes in local policies and 
                        investments have impacted the costs 
                        necessary to achieve the identified 
                        performance targets.
                  (D) Mitigation activities.--
                          (i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          (ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  (E) Financial plan.--
                          (i) In general.--A financial plan 
                        that--
                                  (I) demonstrates how the 
                                adopted transportation plan can 
                                be implemented;
                                  (II) indicates resources from 
                                public and private sources that 
                                are reasonably expected to be 
                                made available to carry out the 
                                plan; and
                                  (III) recommends any 
                                additional financing strategies 
                                for needed projects and 
                                programs.
                          (ii) Inclusions.--The financial plan 
                        may include, for illustrative purposes, 
                        additional projects that would be 
                        included in the adopted transportation 
                        plan if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                          (iii) Cooperative development.--For 
                        the purpose of developing the 
                        transportation plan, the metropolitan 
                        planning organization, transit 
                        operator, and State shall cooperatively 
                        develop estimates of funds that will be 
                        available to support plan 
                        implementation.
                  (F) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  (G) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure and provide for multimodal 
                capacity increases based on regional priorities 
                and needs.
                  (H) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities.
          (3) Coordination with Clean Air Act agencies.--In 
        metropolitan areas that are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), the metropolitan planning organization 
        shall coordinate the development of a transportation 
        plan with the process for development of the 
        transportation control measures of the State 
        implementation plan required by that Act.
          (4) Optional scenario development.--
                  (A) In general.--A metropolitan planning 
                organization may, while fitting the needs and 
                complexity of its community, voluntarily elect 
                to develop multiple scenarios for consideration 
                as part of the development of the metropolitan 
                transportation plan, in accordance with 
                subparagraph (B).
                  (B) Recommended components.--A metropolitan 
                planning organization that chooses to develop 
                multiple scenarios under subparagraph (A) shall 
                be encouraged to consider--
                          (i) potential regional investment 
                        strategies for the planning horizon;
                          (ii) assumed distribution of 
                        population and employment;
                          (iii) a scenario that, to the maximum 
                        extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                          (iv) a scenario that improves the 
                        baseline conditions for as many of the 
                        performance measures identified in 
                        subsection (h)(2) as possible;
                          (v) revenue constrained scenarios 
                        based on the total revenues expected to 
                        be available over the forecast period 
                        of the plan; and
                          (vi) estimated costs and potential 
                        revenues available to support each 
                        scenario.
                  (C) Metrics.--In addition to the performance 
                measures identified in section 150(c), 
                metropolitan planning organizations may 
                evaluate scenarios developed under this 
                paragraph using locally-developed measures.
          (5) Consultation.--
                  (A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, and historic preservation 
                concerning the development of a long-range 
                transportation plan.
                  (B) Issues.--The consultation shall involve, 
                as appropriate--
                          (i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          (ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.
          (6) Participation by interested parties.--
                  (A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, public ports, freight 
                shippers, providers of freight transportation 
                services, private providers of transportation 
                (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), representatives 
                of users of public transportation, 
                representatives of users of pedestrian walkways 
                and bicycle transportation facilities, 
                representatives of the disabled, and other 
                interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  (B) Contents of participation plan.--A 
                participation plan--
                          (i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          (ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  (C) Methods.--In carrying out subparagraph 
                (A), the metropolitan planning organization 
                shall, to the maximum extent practicable--
                          (i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          (ii) employ visualization techniques 
                        to describe plans; and
                          (iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          (7) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          (8) Selection of projects from illustrative list.--
        Notwithstanding [paragraph (2)(C)] paragraph (2)(E), a 
        State or metropolitan planning organization shall not 
        be required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under [paragraph (2)(C)] paragraph (2)(E).
  (j) Metropolitan TIP.--
          (1) Development.--
                  (A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the metropolitan 
                planning area that--
                          (i) contains projects consistent with 
                        the current metropolitan transportation 
                        plan;
                          (ii) reflects the investment 
                        priorities established in the current 
                        metropolitan transportation plan; and
                          (iii) once implemented, is designed 
                        to make progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                  (B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with subsection (i)(5).
                  (C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  (D) Updating and approval.--The TIP shall 
                be--
                          (i) updated at least once every 4 
                        years; and
                          (ii) approved by the metropolitan 
                        planning organization and the Governor.
          (2) Contents.--
                  (A) Priority list.--The TIP shall include a 
                priority list of proposed Federally supported 
                projects and strategies to be carried out 
                within each 4-year period after the initial 
                adoption of the TIP.
                  (B) Financial plan.--The TIP shall include a 
                financial plan that--
                          (i) demonstrates how the TIP can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          (iii) identifies innovative financing 
                        techniques to finance projects, 
                        programs, and strategies; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  (C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
                  (D) Performance target achievement.--The 
                transportation improvement program shall 
                include, to the maximum extent practicable, a 
                description of the anticipated effect of the 
                transportation improvement program toward 
                achieving the performance targets established 
                in the metropolitan transportation plan, 
                linking investment priorities to those 
                performance targets.
          (3) Included projects.--
                  (A) Projects under this title and chapter 53 
                of title 49.--A TIP developed under this 
                subsection for a metropolitan area shall 
                include the projects within the area that are 
                proposed for funding under chapter 1 of this 
                title and chapter 53 of title 49.
                  (B) Projects under chapter 2.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  (C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
          (4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with subsection (i)(5).
          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in subsection (k)(4) and in addition to the TIP 
                development required under paragraph (1), the 
                selection of Federally funded projects in 
                metropolitan areas shall be carried out, from 
                the approved TIP--
                          (i) by--
                                  (I) in the case of projects 
                                under this title, the State; 
                                and
                                  (II) in the case of projects 
                                under chapter 53 of title 49, 
                                the designated recipients of 
                                public transportation funding; 
                                and
                          (ii) in cooperation with the 
                        metropolitan planning organization.
                  (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          (6) Selection of projects from illustrative list.--
                  (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  (B) Required action by the Secretary.--Action 
                by the Secretary shall be required for a State 
                or metropolitan planning organization to select 
                any project from the illustrative list of 
                additional projects included in the financial 
                plan under paragraph (2)(B)(iv) for inclusion 
                in an approved TIP.
          (7) Publication.--
                  (A) Publication of TIPs.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  (B) Publication of annual listings of 
                projects.--
                          (i) In general.--An annual listing of 
                        projects, including investments in 
                        pedestrian walkways and bicycle 
                        transportation facilities, for which 
                        Federal funds have been obligated in 
                        the preceding year shall be published 
                        or otherwise made available by the 
                        cooperative effort of the State, 
                        transit operator, and metropolitan 
                        planning organization for public 
                        review.
                          (ii) Requirement.--The listing shall 
                        be consistent with the categories 
                        identified in the TIP.
  (k) Transportation Management Areas.--
          (1) Identification and designation.--
                  (A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  (B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          (2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          (3) Congestion management process.--
                  (A) In general.--Within a metropolitan 
                planning area serving a transportation 
                management area, the transportation planning 
                process under this section shall address 
                congestion management through a process that 
                provides for effective management and 
                operation, based on a cooperatively developed 
                and implemented metropolitan-wide strategy, of 
                new and existing transportation facilities 
                eligible for funding under this title and 
                chapter 53 of title 49 through the use of 
                travel demand reduction (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, and operational 
                management strategies.
                  (B) Schedule.--The Secretary shall establish 
                an appropriate phase-in schedule for compliance 
                with the requirements of this section but no 
                sooner than 1 year after the identification of 
                a transportation management area.
                  (C) Congestion management plan.--A 
                metropolitan planning organization with a 
                transportation management area may develop a 
                plan that includes projects and strategies that 
                will be considered in the TIP of such 
                metropolitan planning organization. Such plan 
                shall--
                          (i) develop regional goals to reduce 
                        vehicle miles traveled during peak 
                        commuting hours and improve 
                        transportation connections between 
                        areas with high job concentration and 
                        areas with high concentrations of low-
                        income households;
                          (ii) identify existing public 
                        transportation services, employer-based 
                        commuter programs, and other existing 
                        transportation services that support 
                        access to jobs in the region; and
                          (iii) identify proposed projects and 
                        programs to reduce congestion and 
                        increase job access opportunities.
                  (D) Participation.--In developing the plan 
                under subparagraph (C), a metropolitan planning 
                organization shall consult with employers, 
                private and nonprofit providers of public 
                transportation, transportation management 
                organizations, and organizations that provide 
                job access reverse commute projects or job-
                related services to low-income individuals.
          (4) Selection of projects.--
                  (A) In general.--All Federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under this title 
                (excluding projects carried out on the National 
                Highway System) or under chapter 53 of title 49 
                shall be selected for implementation from the 
                approved TIP by the metropolitan planning 
                organization designated for the area in 
                consultation with the State and any affected 
                public transportation operator.
                  (B) National Highway System projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System shall be selected for 
                implementation from the approved TIP by the 
                State in cooperation with the metropolitan 
                planning organization designated for the area.
          (5) Certification.--
                  (A) In general.--The Secretary shall--
                          (i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          (ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  (B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          (i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          (ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the Governor.
                  (C) Effect of failure to certify.--
                          (i) Withholding of project funds.--If 
                        a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this title and chapter 53 
                        of title 49.
                          (ii) Restoration of withheld funds.--
                        The withheld funds shall be restored to 
                        the metropolitan planning area at such 
                        time as the metropolitan planning 
                        process is certified by the Secretary.
                  (D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  (l) Report on Performance-based Planning Processes.--
          (1) In general.--The Secretary shall submit to 
        Congress a report on the effectiveness of the 
        performance-based planning processes of metropolitan 
        planning organizations under this section, taking into 
        consideration the requirements of this subsection.
          (2) Report.--Not later than 5 years after the date of 
        enactment of the MAP-21, the Secretary shall submit to 
        Congress a report evaluating--
                  (A) the overall effectiveness of performance-
                based planning as a tool for guiding 
                transportation investments;
                  (B) the effectiveness of the performance-
                based planning process of each metropolitan 
                planning organization under this section;
                  (C) the extent to which metropolitan planning 
                organizations have achieved, or are currently 
                making substantial progress toward achieving, 
                the performance targets specified under this 
                section and whether metropolitan planning 
                organizations are developing meaningful 
                performance targets; and
                  (D) the technical capacity of metropolitan 
                planning organizations that operate within a 
                metropolitan planning area [of less than 
                200,000] with a population of 200,000 or less 
                and their ability to carry out the requirements 
                of this section.
          (3) Publication.--The report under paragraph (2) 
        shall be published or otherwise made available in 
        electronically accessible formats and means, including 
        on the Internet.
  (m) Abbreviated Plans for Certain Areas.--
          (1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          (2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  (n) Additional Requirements for Certain Nonattainment 
Areas.--
          (1) In general.--Notwithstanding any other provisions 
        of this title or chapter 53 of title 49, for 
        transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act (42 U.S.C. 7401 et seq.), Federal 
        funds may not be advanced in such area for any highway 
        project that will result in a significant increase in 
        the carrying capacity for single-occupant vehicles 
        unless the project is addressed through a congestion 
        management process.
          (2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  (o) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this title or chapter 53 of title 49.
  (p) Funding.--[Funds set aside under section 104(f)] Funds 
apportioned under section 104(b)(5) of this title or section 
5305(g) of title 49 shall be available to carry out this 
section.
  (q) Continuation of Current Review Practice.--Since plans and 
TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
that Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under that 
Act.

Sec. 135. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--Subject to 
        section 134, to accomplish the objectives stated in 
        section 134(a), each State shall develop a statewide 
        transportation plan and a statewide transportation 
        improvement program for all areas of the State.
          (2) Contents.--The statewide transportation plan and 
        the transportation improvement program developed for 
        each State shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways [and bicycle transportation facilities], 
        bicycle transportation facilities, and intermodal 
        facilities that support intercity transportation, 
        including intercity buses and intercity bus facilities) 
        that will function as an intermodal transportation 
        system for the State and an integral part of an 
        intermodal transportation system for the United States.
          (3) Process of development.--The process for 
        developing the statewide plan and the transportation 
        improvement program shall provide for consideration of 
        all modes of transportation and the policies stated in 
        section 134(a) and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on 
        the complexity of the transportation problems to be 
        addressed.
  (b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          (1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 134 for metropolitan areas of 
        the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          (2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  (c) Interstate Agreements.--
          (1) In general.--Two or more States may enter into 
        agreements or compacts, not in conflict with any law of 
        the United States, for cooperative efforts and mutual 
        assistance in support of activities authorized under 
        this section related to interstate areas and localities 
        in the States and establishing authorities the States 
        consider desirable for making the agreements and 
        compacts effective.
          (2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (d) Scope of Planning Process.--
          (1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  (A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and freight;
                  (E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  (G) promote efficient system management and 
                operation; [and]
                  (H) emphasize the preservation of the 
                existing transportation system[.];
                  (I) improve the resilience and reliability of 
                the transportation system; and
                  (J) enhance travel and tourism.
          (2) Performance-based approach.--
                  (A) In general.--The statewide transportation 
                planning process shall provide for the 
                establishment and use of a performance-based 
                approach to transportation decisionmaking to 
                support the national goals described in section 
                150(b) of this title [and in section 5301(c) of 
                title 49] and the general purposes described in 
                section 5301 of title 49.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each State 
                                shall establish performance 
                                targets that address the 
                                performance measures described 
                                in section 150(c), where 
                                applicable, to use in tracking 
                                progress towards attainment of 
                                critical outcomes for the 
                                State.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                State shall be coordinated with 
                                the relevant metropolitan 
                                planning organizations to 
                                ensure consistency, to the 
                                maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--In [urbanized] 
                        areas not represented by a metropolitan 
                        planning organization, selection of 
                        performance targets by a State shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d) of 
                        title 49.
                  (C) Integration of other performance-based 
                plans.--A State shall integrate into the 
                statewide transportation planning process, 
                directly or by reference, the goals, 
                objectives, performance measures, and targets 
                described in this paragraph, in other State 
                transportation plans and transportation 
                processes, as well as any plans developed 
                pursuant to chapter 53 of title 49 by providers 
                of public transportation in [urbanized] areas 
                not represented by a metropolitan planning 
                organization required as part of a performance-
                based program.
                  (D) Use of performance measures and 
                targets.--The performance measures and targets 
                established under this paragraph shall be 
                considered by a State when developing policies, 
                programs, and investment priorities reflected 
                in the statewide transportation plan and 
                statewide transportation improvement program.
          (3) Failure to consider factors.--The failure to take 
        into consideration the factors specified in paragraphs 
        (1) and (2) shall not be subject to review by any court 
        under this title, chapter 53 of title 49, subchapter II 
        of chapter 5 of title 5, or chapter 7 of title 5 in any 
        matter affecting a statewide transportation plan, a 
        statewide transportation improvement program, a project 
        or strategy, or the certification of a planning 
        process.
  (e) Additional Requirements.--In carrying out planning under 
this section, each State shall, at a minimum--
          (1) with respect to nonmetropolitan areas, cooperate 
        with affected local officials with responsibility for 
        transportation or, if applicable, through regional 
        transportation planning organizations described in 
        subsection (m);
          (2) consider the concerns of Indian tribal 
        governments and Federal land management agencies that 
        have jurisdiction over land within the boundaries of 
        the State; and
          (3) consider coordination of transportation plans, 
        the transportation improvement program, and planning 
        activities with related planning activities being 
        carried out outside of metropolitan planning areas and 
        between States.
  (f) Long-range Statewide Transportation Plan.--
          (1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 134.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to 
                        nonmetropolitan areas, the statewide 
                        transportation plan shall be developed 
                        in cooperation with affected 
                        nonmetropolitan officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (m).
                          (ii) Role of Secretary.--The 
                        Secretary shall not review or approve 
                        the consultation process in each State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                  (D) Consultation, comparison, and 
                consideration.--
                          (i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State, tribal, and local agencies 
                        responsible for land use management, 
                        natural resources, environmental 
                        protection, conservation, and historic 
                        preservation.
                          (ii) Comparison and consideration.--
                        Consultation under clause (i) shall 
                        involve comparison of transportation 
                        plans to State and tribal conservation 
                        plans or maps, if available, and 
                        comparison of transportation plans to 
                        inventories of natural or historic 
                        resources, if available.
          (3) Participation by interested parties.--
                  (A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                to--
                          (i) nonmetropolitan local elected 
                        officials or, if applicable, through 
                        regional transportation planning 
                        organizations described in subsection 
                        (m), an opportunity to participate in 
                        accordance with subparagraph (B)(i); 
                        and
                          (ii) citizens, affected public 
                        agencies, representatives of public 
                        transportation employees, public ports, 
                        freight shippers, private providers of 
                        transportation (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), 
                        representatives of users of public 
                        transportation, representatives of 
                        users of pedestrian walkways and 
                        bicycle transportation facilities, 
                        representatives of the disabled, 
                        providers of freight transportation 
                        services, and other interested parties 
                        a reasonable opportunity to comment on 
                        the proposed plan.
                  (B) Methods.--In carrying out subparagraph 
                (A), the State shall, to the maximum extent 
                practicable--
                          (i) develop and document a 
                        consultative process to carry out 
                        subparagraph (A)(i) that is separate 
                        and discrete from the public 
                        involvement process developed under 
                        clause (ii);
                          (ii) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          (iii) employ visualization techniques 
                        to describe plans; and
                          (iv) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          (4) Mitigation activities.--
                  (A) In general.--A long-range transportation 
                plan shall include a discussion of potential 
                environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to restore and maintain the 
                environmental functions affected by the plan.
                  (B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          (5) Financial plan.--The statewide transportation 
        plan may include--
                  (A) a financial plan that--
                          (i) demonstrates how the adopted 
                        statewide transportation plan can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be made available to carry 
                        out the plan; and
                          (iii) recommends any additional 
                        financing strategies for needed 
                        projects and programs; and
                  (B) for illustrative purposes, additional 
                projects that would be included in the adopted 
                statewide transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
          (6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          (7) Performance-based approach.--The statewide 
        transportation plan [should] shall include--
                  (A) a description of the performance measures 
                and performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (d)(2); and
                  (B) a system performance report and 
                subsequent updates evaluating the condition and 
                performance of the transportation system with 
                respect to the performance targets described in 
                subsection (d)(2), including progress achieved 
                by the metropolitan planning organization in 
                meeting the performance targets in comparison 
                with system performance recorded in previous 
                reports;
          (8) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system.
          (9) Publication of long-range transportation plans.--
        Each long-range transportation plan prepared by a State 
        shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.
  (g) Statewide Transportation Improvement Program.--
          (1) Development.--
                  (A) In general.--Each State shall develop a 
                statewide transportation improvement program 
                for all areas of the State.
                  (B) Duration and updating of program.--Each 
                program developed under subparagraph (A) shall 
                cover a period of 4 years and shall be updated 
                every 4 years or more frequently if the 
                Governor of the State elects to update more 
                frequently.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the program 
                shall be developed in cooperation with the 
                metropolitan planning organization designated 
                for the metropolitan area under section 134.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to each 
                        nonmetropolitan area in the State, the 
                        program shall be developed in 
                        consultation with affected 
                        nonmetropolitan local officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (m).
                          (ii) Role of Secretary.--The 
                        Secretary shall not review or approve 
                        the specific consultation process in 
                        the State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          (4) Performance target achievement.--A statewide 
        transportation improvement program shall include, to 
        the maximum extent practicable, a discussion of the 
        anticipated effect of the statewide transportation 
        improvement program toward achieving the performance 
        targets established in the statewide transportation 
        plan, linking investment priorities to those 
        performance targets.
          (5) Included projects.--
                  (A) In general.--A transportation improvement 
                program developed under this subsection for a 
                State shall include Federally supported surface 
                transportation expenditures within the 
                boundaries of the State.
                  (B) Listing of projects.--
                          (i) In general.--An annual listing of 
                        projects for which funds have been 
                        obligated for the preceding year in 
                        each metropolitan planning area shall 
                        be published or otherwise made 
                        available by the cooperative effort of 
                        the State, transit operator, and the 
                        metropolitan planning organization for 
                        public review.
                          (ii) Funding categories.--The listing 
                        described in clause (i) shall be 
                        consistent with the funding categories 
                        identified in each metropolitan 
                        transportation improvement program.
                  (C) Projects under chapter 2.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  (D) Consistency with statewide transportation 
                plan.--Each project shall be--
                          (i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          (ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          (iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act (42 U.S.C. 7401 et seq.), 
                        if the project is carried out in an 
                        area designated as a nonattainment area 
                        for ozone, particulate matter, or 
                        carbon monoxide under part D of title I 
                        of that Act (42 U.S.C. 7501 et seq.).
                  (E) Requirement of anticipated full 
                funding.--The transportation improvement 
                program shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  (F) Financial plan.--
                          (i) In general.--The transportation 
                        improvement program may include a 
                        financial plan that demonstrates how 
                        the approved transportation improvement 
                        program can be implemented, indicates 
                        resources from public and private 
                        sources that are reasonably expected to 
                        be made available to carry out the 
                        transportation improvement program, and 
                        recommends any additional financing 
                        strategies for needed projects and 
                        programs.
                          (ii) Additional projects.--The 
                        financial plan may include, for 
                        illustrative purposes, additional 
                        projects that would be included in the 
                        adopted transportation plan if 
                        reasonable additional resources beyond 
                        those identified in the financial plan 
                        were available.
                  (G) Selection of projects from illustrative 
                list.--
                          (i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          (ii) Required action by the 
                        secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved 
                        transportation improvement program.
                  (H) Priorities.--The transportation 
                improvement program shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by this title and chapter 
                53 of title 49.
          (6) Project selection for areas of less than 50,000 
        population.--
                  (A) In general.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals shall be selected, from the 
                approved transportation improvement program 
                (excluding projects carried out on the National 
                Highway System and projects carried out under 
                the bridge program or the Interstate 
                maintenance program under this title or under 
                sections 5310 and 5311 of title 49), by the 
                State in cooperation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation or, if 
                applicable, through regional transportation 
                planning organizations described in subsection 
                (m).
                  (B) Other projects.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals on the National Highway System or 
                under the bridge program or the Interstate 
                maintenance program under this title or under 
                sections 5310, 5311, 5316, and 5317 of title 49 
                shall be selected, from the approved statewide 
                transportation improvement program, by the 
                State in consultation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation.
          (7) Transportation improvement program approval.--
        Every 4 years, a transportation improvement program 
        developed under this subsection shall be reviewed and 
        approved by the Secretary if based on a current 
        planning finding.
          (8) Planning finding.--A finding shall be made by the 
        Secretary at least every 4 years that the 
        transportation planning process through which statewide 
        transportation plans and programs are developed is 
        consistent with this section and section 134.
          (9) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved transportation 
        improvement program in place of another project in the 
        program.
  (h) Performance-based Planning Processes Evaluation.--
          (1) In general.--The Secretary shall establish 
        criteria to evaluate the effectiveness of the 
        performance-based planning processes of States, taking 
        into consideration the following:
                  (A) The extent to which the State is making 
                progress toward achieving, the performance 
                targets described in subsection (d)(2), taking 
                into account whether the State developed 
                appropriate performance targets.
                  (B) The extent to which the State has made 
                transportation investments that are efficient 
                and cost-effective.
                  (C) The extent to which the State--
                          (i) has developed an investment 
                        process that relies on public input and 
                        awareness to ensure that investments 
                        are transparent and accountable; and
                          (ii) provides reports allowing the 
                        public to access the information being 
                        collected in a format that allows the 
                        public to meaningfully assess the 
                        performance of the State.
          (2) Report.--
                  (A) In general.--Not later than 5 years after 
                the date of enactment of the MAP-21, the 
                Secretary shall submit to Congress a report 
                evaluating--
                          (i) the overall effectiveness of 
                        performance-based planning as a tool 
                        for guiding transportation investments; 
                        and
                          (ii) the effectiveness of the 
                        performance-based planning process of 
                        each State.
                  (B) Publication.--The report under 
                subparagraph (A) shall be published or 
                otherwise made available in electronically 
                accessible formats and means, including on the 
                Internet.
  (i) Funding.--Funds apportioned under section 104(b)(5) of 
this title and set aside under section 5305(g) of title 49 
shall be available to carry out this section.
  (j) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 134, and 
sections 5303 and 5304 of title 49, State laws, rules, or 
regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 134, and sections 5303 and 5304 of 
title 49, if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section and section 134 and sections 5303 and 
5304 of title 49, as appropriate.
  (k) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the transportation 
improvement program described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the statewide transportation plans and the 
transportation improvement program are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation 
improvement program described in this section have not been 
reviewed under that Act as of January 1, 1997, any decision by 
the Secretary concerning a metropolitan or statewide 
transportation plan or the transportation improvement program 
described in this section shall not be considered to be a 
Federal action subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  (l) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established 
planning update cycle for States. The Secretary shall not 
require a State to deviate from its established planning update 
cycle to implement changes made by this section. States shall 
reflect changes made to their transportation plan or 
transportation improvement program updates not later than 2 
years after the date of issuance of guidance by the Secretary 
under this subsection.
  (m) Designation of Regional Transportation Planning 
Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a State may 
        establish and designate regional transportation 
        planning organizations to enhance the planning, 
        coordination, and implementation of statewide strategic 
        long-range transportation plans and transportation 
        improvement programs, with an emphasis on addressing 
        the needs of nonmetropolitan areas of the State.
          (2) Structure.--A regional transportation planning 
        organization shall be established as a 
        multijurisdictional organization of nonmetropolitan 
        local officials or their designees who volunteer for 
        such organization and representatives of local 
        transportation systems who volunteer for such 
        organization.
          (3) Requirements.--A regional transportation planning 
        organization shall establish, at a minimum--
                  (A) a policy committee, the majority of which 
                shall consist of nonmetropolitan local 
                officials, or their designees, and, as 
                appropriate, additional representatives from 
                the State, private business, transportation 
                service providers, economic development 
                practitioners, and the public in the region; 
                and
                  (B) a fiscal and administrative agent, such 
                as an existing regional planning and 
                development organization, to provide 
                professional planning, management, and 
                administrative support.
          (4) Duties.--The duties of a regional transportation 
        planning organization shall include--
                  (A) developing and maintaining, in 
                cooperation with the State, regional long-range 
                multimodal transportation plans;
                  (B) developing a regional transportation 
                improvement program for consideration by the 
                State;
                  (C) fostering the coordination of local 
                planning, land use, and economic development 
                plans with State, regional, and local 
                transportation plans and programs;
                  (D) providing technical assistance to local 
                officials;
                  (E) participating in national, multistate, 
                and State policy and planning development 
                processes to ensure the regional and local 
                input of nonmetropolitan areas;
                  (F) providing a forum for public 
                participation in the statewide and regional 
                transportation planning processes;
                  (G) considering and sharing plans and 
                programs with neighboring regional 
                transportation planning organizations, 
                metropolitan planning organizations, and, where 
                appropriate, tribal organizations; and
                  (H) conducting other duties, as necessary, to 
                support and enhance the statewide planning 
                process under subsection (d).
          (5) States without regional transportation planning 
        organizations.--If a State chooses not to establish or 
        designate a regional transportation planning 
        organization, the State shall consult with affected 
        nonmetropolitan local officials to determine projects 
        that may be of regional significance.

           *       *       *       *       *       *       *


Sec. 138. Preservation of parklands

  (a) Declaration of Policy.--It is declared to be the national 
policy that special effort should be made to preserve the 
natural beauty of the countryside and public park and 
recreation lands, wildlife and waterfowl refuges, and historic 
sites. The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States in developing 
transportation plans and programs that include measures to 
maintain or enhance the natural beauty of the lands traversed. 
After the effective date of the Federal-Aid Highway Act of 
1968, the Secretary shall not approve any program or project 
(other than any project for a Federal lands transportation 
facility) which requires the use of any publicly owned land 
from a public park, recreation area, or wildlife and waterfowl 
refuge of national, State, or local significance as determined 
by the Federal, State, or local officials having jurisdiction 
thereof, or any land from an historic site of national, State, 
or local significance as so determined by such officials unless 
(1) there is no feasible and prudent alternative to the use of 
such land, and (2) such program includes all possible planning 
to minimize harm to such park, recreational area, wildlife and 
waterfowl refuge, or historic site resulting from such use. In 
carrying out the national policy declared in this section the 
Secretary, in cooperation with the Secretary of the Interior 
and appropriate State and local officials, is authorized to 
conduct studies as to the most feasible Federal-aid routes for 
the movement of motor vehicular traffic through or around 
national parks so as to best serve the needs of the traveling 
public while preserving the natural beauty of these areas.
  (b) De Minimis Impacts.--
          (1) Requirements.--
                  (A) Requirements for historic sites.--The 
                requirements of this section shall be 
                considered to be satisfied with respect to an 
                area described in paragraph (2) if the 
                Secretary determines, in accordance with this 
                subsection, that a transportation program or 
                project will have a de minimis impact on the 
                area.
                  (B) Requirements for parks, recreation areas, 
                and wildlife or waterfowl refuges.--The 
                requirements of subsection (a)(1) shall be 
                considered to be satisfied with respect to an 
                area described in paragraph (3) if the 
                Secretary determines, in accordance with this 
                subsection, that a transportation program or 
                project will have a de minimis impact on the 
                area. The requirements of subsection (a)(2) 
                with respect to an area described in paragraph 
                (3) shall not include an alternatives analysis.
                  (C) Criteria.--In making any determination 
                under this subsection, the Secretary shall 
                consider to be part of a transportation program 
                or project any avoidance, minimization, 
                mitigation, or enhancement measures that are 
                required to be implemented as a condition of 
                approval of the transportation program or 
                project.
          (2) Historic sites.--With respect to historic sites, 
        the Secretary may make a finding of de minimis impact 
        only if--
                  (A) the Secretary has determined, in 
                accordance with the consultation process 
                required under section 306108 of title 54, 
                that--
                          (i) the transportation program or 
                        project will have no adverse effect on 
                        the historic site; or
                          (ii) there will be no historic 
                        properties affected by the 
                        transportation program or project;
                  (B) the finding of the Secretary has received 
                written concurrence from the applicable State 
                historic preservation officer or tribal 
                historic preservation officer (and from the 
                Advisory Council on Historic Preservation if 
                the Council is participating in the 
                consultation process); and
                  (C) the finding of the Secretary has been 
                developed in consultation with parties 
                consulting as part of the process referred to 
                in subparagraph (A).
          (3) Parks, recreation areas, and wildlife or 
        waterfowl refuges.--With respect to parks, recreation 
        areas, or wildlife or waterfowl refuges, the Secretary 
        may make a finding of de minimis impact only if--
                  (A) the Secretary has determined, after 
                public notice and opportunity for public review 
                and comment, that the transportation program or 
                project will not adversely affect the 
                activities, features, and attributes of the 
                park, recreation area, or wildlife or waterfowl 
                refuge eligible for protection under this 
                section; and
                  (B) the finding of the Secretary has received 
                concurrence from the officials with 
                jurisdiction over the park, recreation area, or 
                wildlife or waterfowl refuge.
  (c) Satisfaction of Requirements for Certain Historic 
Sites.--
          (1) In general.--The Secretary shall--
                  (A) align, to the maximum extent practicable, 
                with the requirements of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4231 et seq.) and section 306108 of title 54, 
                including implementing regulations; and
                  (B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with 
                the Secretary of the Interior and the Executive 
                Director of the Advisory Council on Historic 
                Preservation (referred to in this subsection as 
                the ``Council'') to establish procedures to 
                satisfy the requirements described in 
                subparagraph (A) (including regulations).
          (2) Avoidance alternative analysis.--
                  (A) In general.--If, in an analysis required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4231 et seq.), the Secretary 
                determines that there is no feasible or prudent 
                alternative to avoid use of a historic site, 
                the Secretary may--
                          (i) include the determination of the 
                        Secretary in the analysis required 
                        under that Act;
                          (ii) provide a notice of the 
                        determination to--
                                  (I) each applicable State 
                                historic preservation officer 
                                and tribal historic 
                                preservation officer;
                                  (II) the Council, if the 
                                Council is participating in the 
                                consultation process under 
                                section 306108 of title 54; and
                                  (III) the Secretary of the 
                                Interior; and
                          (iii) request from the applicable 
                        preservation officer, the Council, and 
                        the Secretary of the Interior a 
                        concurrence that the determination is 
                        sufficient to satisfy the requirement 
                        of subsection (a)(1).
                  (B) Concurrence.--If the applicable 
                preservation officer, the Council, and the 
                Secretary of the Interior each provide a 
                concurrence requested under subparagraph 
                (A)(iii), no further analysis under subsection 
                (a)(1) shall be required.
                  (C) Publication.--A notice of a 
                determination, together with each relevant 
                concurrence to that determination, under 
                subparagraph (A) shall be--
                          (i) included in the record of 
                        decision or finding of no significant 
                        impact of the Secretary; and
                          (ii) posted on an appropriate Federal 
                        Web site by not later than 3 days after 
                        the date of receipt by the Secretary of 
                        all concurrences requested under 
                        subparagraph (A)(iii).
          (3) Aligning historical reviews.--
                  (A) In general.--If the Secretary, the 
                applicable preservation officer, the Council, 
                and the Secretary of the Interior concur that 
                no feasible and prudent alternative exists as 
                described in paragraph (2), the Secretary may 
                provide to the applicable preservation officer, 
                the Council, and the Secretary of the Interior 
                notice of the intent of the Secretary to 
                satisfy the requirements of subsection (a)(2) 
                through the consultation requirements of 
                section 306108 of title 54.
                  (B) Satisfaction of conditions.--To satisfy 
                the requirements of subsection (a)(2), each 
                individual described in paragraph (2)(A)(ii) 
                shall concur in the treatment of the applicable 
                historic site described in the memorandum of 
                agreement or programmatic agreement developed 
                under section 306108 of title 54.
  (d) Rail and Transit.--
          (1) In general.--Improvements to, or the maintenance, 
        rehabilitation, or operation of, railroad or rail 
        transit lines or elements thereof that are in use or 
        were historically used for the transportation of goods 
        or passengers shall not be considered a use of a 
        historic site under subsection (a), regardless of 
        whether the railroad or rail transit line or element 
        thereof is listed on, or eligible for listing on, the 
        National Register of Historic Places.
          (2) Exceptions.--
                  (A) In general.--Paragraph (1) shall not 
                apply to--
                          (i) stations; or
                          (ii) bridges or tunnels located on--
                                  (I) railroad lines that have 
                                been abandoned; or
                                  (II) transit lines that are 
                                not in use.
                  (B) Clarification with respect to certain 
                bridges and tunnels.--The bridges and tunnels 
                referred to in subparagraph (A)(ii) do not 
                include bridges or tunnels located on railroad 
                or transit lines--
                          (i) over which service has been 
                        discontinued; or
                          (ii) that have been railbanked or 
                        otherwise reserved for the 
                        transportation of goods or passengers.
  (e) References to Past Transportation Environmental 
Authorities.--
          (1) Section 4(f) requirements.--The requirements of 
        this section are commonly referred to as section 4(f) 
        requirements (see section 4(f) of the Department of 
        Transportation Act (Public Law 89-670; 80 Stat. 934) as 
        in effect before the repeal of that section).
          (2) Section 106 requirements.--The requirements of 
        section 306108 of title 54 are commonly referred to as 
        section 106 requirements (see section 106 of the 
        National Historic Preservation Act of 1966 (Public Law 
        89-665; 80 Stat. 915) as in effect before the repeal of 
        that section).
  (f) Bridge Exemption.--A common post-1945 concrete or steel 
bridge or culvert that is exempt from individual review under 
section 306108 of title 54 (as described in 77 Fed. Reg. 68790) 
shall be treated under this section as having a de minimis 
impact on an area.

Sec. 139. Efficient environmental reviews for project decisionmaking

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        Indian tribal government.
          (2) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed 
        statement of environmental impacts required to be 
        prepared under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (3) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes 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.).
          (4) Lead agency.--The term ``lead agency'' means the 
        Department of Transportation and, if applicable, any 
        State or local governmental entity serving as a joint 
        lead agency pursuant to this section.
          [(5) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under this title or chapter 53 of title 49 and 
        involving the participation of more than one Department 
        of Transportation administration or agency.]
          (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.
          (6) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.
          (7) Project sponsor.--The term ``project sponsor'' 
        means the agency or other entity, including any private 
        or public-private entity, that seeks approval of the 
        Secretary for a project.
          (8) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for one or more 
        modes of transportation.
          (9) Substantial deference.--The term ``substantial 
        deference'' means deference by a participating agency 
        to the recommendations and decisions of the lead agency 
        unless it is not possible to defer without violating 
        the participating agency's statutory responsibilities.
  (b) Applicability.--
          (1) In general.--The project development procedures 
        in this section are applicable to all projects for 
        which an environmental impact statement is prepared 
        under the National Environmental Policy Act of 1969 and 
        may be applied, to the extent determined appropriate by 
        the Secretary, to other projects for which an 
        environmental document is prepared pursuant to such 
        Act.
          (2) Flexibility.--Any authorities granted in this 
        section may be exercised, and any requirements 
        established under this section may be satisfied, for a 
        project, class of projects, or program of projects.
          (3) Programmatic compliance.--
                  (A) In general.--The Secretary shall 
                [initiate a rulemaking to] allow for the use of 
                programmatic approaches to conduct 
                environmental reviews that--
                          (i) eliminate repetitive discussions 
                        of the same issues;
                          (ii) focus on the actual issues ripe 
                        for analyses at each level of review; 
                        and
                          (iii) are consistent with--
                                  (I) the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.); 
                                and
                                  (II) other applicable laws.
                  [(B) Requirements.--In carrying out 
                subparagraph (A), the Secretary shall--
                          [(i) before initiating the rulemaking 
                        under that subparagraph, consult with 
                        relevant Federal agencies and State 
                        resource agencies, State departments of 
                        transportation, Indian tribes, and the 
                        public on the appropriate use and scope 
                        of the programmatic approaches;
                          [(ii) emphasize the importance of 
                        collaboration among relevant Federal 
                        agencies, State agencies, and Indian 
                        tribes in undertaking programmatic 
                        reviews, especially with respect to 
                        including reviews with a broad 
                        geographic scope;
                          [(iii) ensure that the programmatic 
                        reviews--
                                  [(I) promote transparency, 
                                including of the analyses and 
                                data used in the environmental 
                                reviews, the treatment of any 
                                deferred issues raised by 
                                agencies or the public, and the 
                                temporal and special scales to 
                                be used to analyze such issues;
                                  [(II) use accurate and timely 
                                information in reviews, 
                                including--
                                          [(aa) criteria for 
                                        determining the general 
                                        duration of the 
                                        usefulness of the 
                                        review; and
                                          [(bb) the timeline 
                                        for updating any out-
                                        of- date review;
                                  [(III) describe--
                                          [(aa) the 
                                        relationship between 
                                        programmatic analysis 
                                        and future tiered 
                                        analysis; and
                                          [(bb) the role of the 
                                        public in the creation 
                                        of future tiered 
                                        analysis; and
                                  [(IV) are available to other 
                                relevant Federal and State 
                                agencies, Indian tribes, and 
                                the public;
                          [(iv) allow not fewer than 60 days of 
                        public notice and comment on any 
                        proposed rule; and
                          [(v) address any comments received 
                        under clause (iv).]
                  (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) Lead Agencies.--
          (1) Federal lead agency.--
                  (A) In general.--The Department of 
                Transportation, or an operating administration 
                thereof designated by the Secretary, shall be 
                the Federal lead agency in the environmental 
                review process for a project.
                  (B) Modal administration.--If the project 
                requires approval from more than 1 modal 
                administration within the Department, the 
                Secretary may designate a single modal 
                administration to serve as the Federal lead 
                agency for the Department in the environmental 
                review process for the project.
          (2) Joint lead agencies.--Nothing in this section 
        precludes another agency from being a joint lead agency 
        in accordance with regulations under the National 
        Environmental Policy Act of 1969.
          (3) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity receiving funds under this title or chapter 53 
        of title 49 for the project shall serve as a joint lead 
        agency with the Department for purposes of preparing 
        any environmental document under the National 
        Environmental Policy Act of 1969 and may prepare any 
        such environmental document required in support of any 
        action or approval by the Secretary if the Federal lead 
        agency furnishes guidance in such preparation and 
        independently evaluates such document and the document 
        is approved and adopted by the Secretary prior to the 
        Secretary taking any subsequent action or making any 
        approval based on such document, whether or not the 
        Secretary's action or approval results in Federal 
        funding.
          (4) Ensuring compliance.--The Secretary shall ensure 
        that the project sponsor complies with all design and 
        mitigation commitments made jointly by the Secretary 
        and the project sponsor in any environmental document 
        prepared by the project sponsor in accordance with this 
        subsection and that such document is appropriately 
        supplemented if project changes become necessary.
          (5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        may be adopted or used by any Federal agency making any 
        approval to the same extent that such Federal agency 
        could adopt or use a document prepared by another 
        Federal agency.
          (6) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any 
        project, the lead agency shall have authority and 
        responsibility--
                  (A) to take such actions as are necessary and 
                proper, within the authority of the lead 
                agency, to facilitate the expeditious 
                resolution of the environmental review process 
                for the project; and
                  (B) to prepare or ensure that any required 
                environmental impact statement or other 
                document required to be completed under the 
                National Environmental Policy Act of 1969 is 
                completed in accordance with this section and 
                applicable Federal law.
  (d) Participating Agencies.--
          (1) In general.--The lead agency shall be responsible 
        for inviting and designating participating agencies in 
        accordance with this subsection.
          (2) Invitation.--[The lead agency shall identify, as 
        early as practicable in the environmental review 
        process for a project,] 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 any other Federal and non-Federal 
        agencies that may have an interest in the project, and 
        shall invite such agencies to become participating 
        agencies in the environmental review process for the 
        project. The invitation shall set a deadline for 
        responses to be submitted. The deadline may be extended 
        by the lead agency for good cause.
          (3) Federal participating agencies.--Any Federal 
        agency that is invited by the lead agency to 
        participate in the environmental review process for a 
        project shall be designated as a participating agency 
        by the lead agency unless the invited agency informs 
        the lead agency, in writing, by the deadline specified 
        in the invitation that the invited agency--
                  (A) has no jurisdiction or authority with 
                respect to the project;
                  (B) has no expertise or information relevant 
                to the project; and
                  (C) does not intend to submit comments on the 
                project.
          (4) Effect of designation.--
                  (A) Requirement.--A participating agency 
                shall comply with the requirements of this 
                section.
                  (B) Implication.--Designation as a 
                participating agency under this subsection 
                shall not imply that the participating agency--
                          (i) supports a proposed project; or
                          (ii) has any jurisdiction over, or 
                        special expertise with respect to 
                        evaluation of, the project.
          (5) Cooperating agency.--A participating agency may 
        also be designated by a lead agency as a ``cooperating 
        agency'' under the regulations contained in part 1500 
        of title 40, Code of Federal Regulations.
          (6) Designations for categories of projects.--The 
        Secretary may exercise the authorities granted under 
        this subsection for a project, class of projects, or 
        program of projects.
          (7) Concurrent reviews.--Each participating agency 
        and cooperating agency shall--
                  (A) carry out the obligations of that agency 
                under other applicable law concurrently, and in 
                conjunction, with the review required under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), unless doing so would 
                impair the ability of the Federal agency to 
                conduct needed analysis or otherwise carry out 
                those obligations; and
                  (B) 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.
          (8) Single nepa document.--
                  (A) In general.--Except as inconsistent with 
                paragraph (7), to the maximum extent 
                practicable and consistent with Federal law, 
                all Federal permits and reviews for a project 
                shall rely on a single environment document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                under the leadership of the lead agency.
                  (B) Use of document.--
                          (i) In general.--To the maximum 
                        extent practicable, the lead agency 
                        shall develop an environmental document 
                        sufficient to satisfy the requirements 
                        for any Federal approval or other 
                        Federal action required for the 
                        project, including permits issued by 
                        other Federal agencies.
                          (ii) Cooperation of participating 
                        agencies.--Other participating agencies 
                        shall cooperate with the lead agency 
                        and provide timely information to help 
                        the lead agency carry out this 
                        subparagraph.
                  (C) Treatment as participating and 
                cooperating agencies.--A Federal agency 
                required to make an approval or take an action 
                for a project, as described in subparagraph 
                (B), shall work with the lead agency for the 
                project to ensure that the agency making the 
                approval or taking the action is treated as 
                being both a participating and cooperating 
                agency for the project.
  (e) Project Initiation.--
          (1) In general.--The project sponsor shall notify the 
        Secretary of the type of work, termini, length and 
        general location of the proposed project, together with 
        a statement of any Federal approvals anticipated to be 
        necessary for the proposed project, for the purpose of 
        informing the Secretary that the environmental review 
        process should be initiated.
          (2) Submission of documents.--The project sponsor may 
        satisfy the requirement under paragraph (1) by 
        submitting to the Secretary any relevant documents 
        containing the information described in that paragraph, 
        including a draft notice for publication in the Federal 
        Register announcing the preparation of an environmental 
        review for the project.
          (3) Environmental checklist.--
                  (A) Development.--The lead agency for a 
                project, in consultation with participating 
                agencies, shall develop, as appropriate, a 
                checklist to help project sponsors identify 
                potential natural, cultural, and historic 
                resources in the area of the project.
                  (B) Purpose.--The purposes of the checklist 
                are--
                          (i) to identify agencies and 
                        organizations that can provide 
                        information about natural, cultural, 
                        and historic resources;
                          (ii) to develop the information 
                        needed to determine the range of 
                        alternatives; and
                          (iii) to improve interagency 
                        collaboration to help expedite the 
                        permitting process for the lead agency 
                        and participating agencies.
  (f) Purpose and Need; Alternatives Analysis.--
          (1) Participation.--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 defining the purpose and 
        need for a project.
          (2) Definition.--Following participation under 
        paragraph (1), the lead agency shall define the 
        project's purpose and need for purposes of any document 
        which the lead agency is responsible for preparing for 
        the project.
          (3) Objectives.--The statement of purpose and need 
        shall include a clear statement of the objectives that 
        the proposed action is intended to achieve, which may 
        include--
                  (A) achieving a transportation objective 
                identified in an applicable statewide or 
                metropolitan transportation plan;
                  (B) supporting land use, economic 
                development, or growth objectives established 
                in applicable Federal, State, local, or tribal 
                plans; and
                  (C) serving national defense, national 
                security, or other national objectives, as 
                established in Federal laws, plans, or 
                policies.
          (4) Alternatives analysis.--
                  [(A) Participation.--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.]
                  (A) Participation.--
                          (i) In general.--As early as 
                        practicable during the environmental 
                        review process, the lead agency shall 
                        seek the involvement of participating 
                        agencies and the public for the purpose 
                        of reaching agreement early in the 
                        environmental review process on a 
                        reasonable range of alternatives that 
                        will satisfy all subsequent Federal 
                        environmental review and permit 
                        requirements.
                          (ii) Comments of participating 
                        agencies.--To the maximum extent 
                        practicable and consistent with 
                        applicable law, each participating 
                        agency receiving an opportunity for 
                        involvement under clause (i) shall--
                                  (I) limit the agency's 
                                comments to subject matter 
                                areas within the agency's 
                                special expertise or 
                                jurisdiction; and
                                  (II) afford substantial 
                                deference to the range of 
                                alternatives recommended by the 
                                lead agency.
                          (iii) Effect of nonparticipation.--A 
                        participating agency that declines to 
                        participate in the development of the 
                        purpose and need and reasonable range 
                        of alternatives for a project shall be 
                        required to comply with the schedule 
                        developed under subsection (g)(1)(B).
                  (B) Range of alternatives.--[Following 
                participation under paragraph (1)]
                          (i) Determination._Following 
                        participation under subparagraph (A), 
                        the lead agency shall determine the 
                        range of alternatives for consideration 
                        in any document which the lead agency 
                        is responsible for preparing for the 
                        project.
                          (ii) Use.--To the maximum extent 
                        practicable and consistent with Federal 
                        law, the range of alternatives 
                        determined for a project under clause 
                        (i) shall be used for all Federal 
                        environmental reviews and permit 
                        processes required for the project 
                        unless the alternatives must be 
                        modified--
                                  (I) to address significant 
                                new information or 
                                circumstances, and the lead 
                                agency and participating 
                                agencies agree that the 
                                alternatives must be modified 
                                to address the new information 
                                or circumstances; or
                                  (II) for the lead agency or a 
                                participating agency to fulfill 
                                its responsibilities under the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.) in a timely manner.
                  (C) Methodologies.--The lead agency also 
                shall determine, in collaboration with 
                participating agencies at appropriate times 
                during the study process, the methodologies to 
                be used and the level of detail required in the 
                analysis of each alternative for a project.
                  (D) Preferred alternative.--At the discretion 
                of the lead agency, the preferred alternative 
                for a project, after being identified, may be 
                developed to a higher level of detail than 
                other alternatives in order to facilitate the 
                development of mitigation measures or 
                concurrent compliance with other applicable 
                laws if the lead agency determines that the 
                development of such higher level of detail will 
                not prevent the lead agency from making an 
                impartial decision as to whether to accept 
                another alternative which is being considered 
                in the environmental review process.
  (g) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.--[The lead agency] 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 shall 
                establish a plan for coordinating public and 
                agency participation in and comment on the 
                environmental review process for a project or 
                category of projects. The coordination plan may 
                be incorporated into a memorandum of 
                understanding.
                  (B) Schedule.--
                          (i) In general.--The lead agency [may 
                        establish] shall establish as part of 
                        the coordination plan, after 
                        consultation with and the concurrence 
                        of each participating agency for the 
                        project and with the State in which the 
                        project is located (and, if the State 
                        is not the project sponsor, with the 
                        project sponsor), a schedule for 
                        completion of the environmental review 
                        process for the project.
                          (ii) Factors for consideration.--In 
                        establishing the schedule, the lead 
                        agency shall consider factors such as--
                                  (I) the responsibilities of 
                                participating agencies under 
                                applicable laws;
                                  (II) resources available to 
                                the cooperating agencies;
                                  (III) overall size and 
                                complexity of the project;
                                  (IV) the overall schedule for 
                                and cost of the project; and
                                  (V) the sensitivity of the 
                                natural and historic resources 
                                that could be affected by the 
                                project.
                  (C) Consistency with other time periods.--A 
                schedule under subparagraph (B) shall be 
                consistent with any other relevant time periods 
                established under Federal law.
                  (D) Modification.--The lead agency may--
                          (i) lengthen a schedule established 
                        under subparagraph (B) for good cause; 
                        and
                          (ii) shorten a schedule only with the 
                        concurrence of the affected cooperating 
                        agencies.
                  (E) Dissemination.--A copy of a schedule 
                under subparagraph (B), and of any 
                modifications to the schedule, shall be--
                          (i) provided to all participating 
                        agencies and to the State 
                        transportation department of the State 
                        in which the project is located (and, 
                        if the State is not the project 
                        sponsor, to the project sponsor); and
                          (ii) made available to the public.
          (2) Comment deadlines.--The lead agency shall 
        establish the following deadlines for comment during 
        the environmental review process for a project:
                  (A) For comments by agencies and the public 
                on a draft environmental impact statement, a 
                period of not more than 60 days after 
                publication in the Federal Register of notice 
                of the date of public availability of such 
                document, unless--
                          (i) a different deadline is 
                        established by agreement of the lead 
                        agency, the project sponsor, and all 
                        participating agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
                  (B) For all other comment periods established 
                by the lead agency for agency or public 
                comments in the environmental review process, a 
                period of no more than 30 days from 
                availability of the materials on which comment 
                is requested, unless--
                          (i) a different deadline is 
                        established by agreement of the lead 
                        agency, the project sponsor, and all 
                        participating agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
          [(3) Deadlines for decisions under other laws.--In 
        any case in which a decision under any Federal law 
        relating to a project (including the issuance or denial 
        of a permit or license) is required to be made by the 
        later of the date that is 180 days after the date on 
        which the Secretary made all final decisions of the 
        lead agency with respect to the project, or 180 days 
        after the date on which an application was submitted 
        for the permit or license, 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) as soon as practicable after the 180-day 
                period, an initial notice of the failure of the 
                Federal agency to make the decision; and
                  [(B) every 60 days thereafter until such date 
                as all decisions of the Federal agency relating 
                to the project have been made by the Federal 
                agency, an additional notice that describes the 
                number of decisions of the Federal agency that 
                remain outstanding as of the date of the 
                additional notice.]
          (3) Deadlines for decisions under other laws.--
                  (A) In general.--In any case in which a 
                decision under any Federal law relating to a 
                project (including the issuance or denial of a 
                permit or license) is required by law, 
                regulation, or Executive order to be made after 
                the date on which the lead agency has issued a 
                categorical exclusion, finding of no 
                significant impact, or record of decision with 
                respect to the project, any such later decision 
                shall be made or completed by the later of--
                          (i) the date that is 180 days after 
                        the lead agency's final decision has 
                        been made; or
                          (ii) the date that is 180 days after 
                        the date on which a completed 
                        application was submitted for the 
                        permit or license.
                  (B) Treatment of delays.--Following the 
                deadline established by subparagraph (A), the 
                Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Environment and Public Works of the Senate, and 
                publish on the Department's Internet Web site--
                          (i) as soon as practicable after the 
                        180-day period, an initial notice of 
                        the failure of the Federal agency to 
                        make the decision; and
                          (ii) every 60 days thereafter, until 
                        such date as all decisions of the 
                        Federal agency relating to the project 
                        have been made by the Federal agency, 
                        an additional notice that describes the 
                        number of decisions of the Federal 
                        agency that remain outstanding as of 
                        the date of the additional notice.
          (4) Accelerated decisionmaking in environmental 
        reviews.--
                  (A) In general.--In preparing a final 
                environmental impact statement under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), if the lead agency 
                modifies the statement in response to comments 
                that are minor and are confined to factual 
                corrections or explanations of why the comments 
                do not warrant additional agency response, the 
                lead agency may write on errata sheets attached 
                to the statement instead of rewriting the draft 
                statement, subject to the condition that the 
                errata sheets--
                          (i) cite the sources, authorities, 
                        and reasons that support the position 
                        of the agency; and
                          (ii) if appropriate, indicate the 
                        circumstances that would trigger agency 
                        reappraisal or further response.
                  (B) Single document.--To the maximum extent 
                practicable, the lead agency shall 
                expeditiously develop a single document that 
                consists of a final environmental impact 
                statement and a record of decision, unless--
                          (i) the final environmental impact 
                        statement makes substantial changes to 
                        the proposed action that are relevant 
                        to environmental or safety concerns; or
                          (ii) there is a significant new 
                        circumstance or information relevant to 
                        environmental concerns that bears on 
                        the proposed action or the impacts of 
                        the proposed action.
          [(4)] (5) Involvement of the public.--Nothing in this 
        subsection shall reduce any time period provided for 
        public comment in the environmental review process 
        under existing Federal law, including a regulation.
  (h) Issue Identification and Resolution.--
          (1) Cooperation.--The lead agency and the 
        participating agencies shall work cooperatively in 
        accordance with this section to identify and resolve 
        issues that could delay completion of the environmental 
        review process or could result in denial of any 
        approvals required for the project under applicable 
        laws.
          (2) Lead agency responsibilities.--The lead agency 
        shall make information available to the participating 
        agencies as early as practicable in the environmental 
        review process regarding the environmental and 
        socioeconomic resources located within the project area 
        and the general locations of the alternatives under 
        consideration. Such information may be based on 
        existing data sources, including geographic information 
        systems mapping.
          (3) Participating agency responsibilities.--Based on 
        information received from the lead agency, 
        participating agencies shall identify, as early as 
        practicable, any issues of concern regarding the 
        project's potential environmental or socioeconomic 
        impacts. In this paragraph, issues of concern include 
        any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is 
        needed for the project.
          (4) Issue resolution.--Any issue resolved by the lead 
        agency and participating agencies may not be 
        reconsidered unless significant new information or 
        circumstances arise.
          [(4)] (5) Interim decision on achieving accelerated 
        decisionmaking.--
                  (A) In general.--Not later than 30 days after 
                the close of the public comment period on a 
                draft environmental impact statement, the 
                Secretary may convene a meeting with the 
                project sponsor, lead agency, resource 
                agencies, and any relevant State agencies to 
                ensure that all parties are on schedule to meet 
                deadlines for decisions to be made regarding 
                the project.
                  (B) Deadlines.--The deadlines referred to in 
                subparagraph (A) shall be those established 
                under subsection (g), or any other deadlines 
                established by the lead agency, in consultation 
                with the project sponsor and other relevant 
                agencies.
                  (C) Failure to assure.--If the relevant 
                agencies cannot provide reasonable assurances 
                that the deadlines described in subparagraph 
                (B) will be met, the Secretary may initiate the 
                issue resolution and referral process described 
                under [paragraph (5) and] paragraph (6) before 
                the completion of the record of decision.
          [(5)] (6) Accelerated issue resolution and 
        referral.--
                  (A) Agency issue resolution meeting.--
                          (i) In general.--A Federal agency of 
                        jurisdiction, project sponsor, or the 
                        Governor of a State in which a project 
                        is located may request an issue 
                        resolution meeting to be conducted by 
                        the lead agency.
                          (ii) Action by lead agency.--The lead 
                        agency shall convene an issue 
                        resolution meeting under clause (i) 
                        with the relevant participating 
                        agencies and the project sponsor, 
                        including the Governor only if the 
                        meeting was requested by the Governor, 
                        to resolve issues that could--
                                  (I) delay completion of the 
                                environmental review process; 
                                or
                                  (II) result in denial of any 
                                approvals required for the 
                                project under applicable laws.
                          (iii) Date.--A meeting requested 
                        under this subparagraph shall be held 
                        by not later than 21 days after the 
                        date of receipt of the request for the 
                        meeting, unless the lead agency 
                        determines that there is good cause to 
                        extend the time for the meeting.
                          (iv) Notification.--On receipt of a 
                        request for a meeting under this 
                        subparagraph, the lead agency shall 
                        notify all relevant participating 
                        agencies of the request, including the 
                        issue to be resolved, and the date for 
                        the meeting.
                          (v) Disputes.--If a relevant 
                        participating agency with jurisdiction 
                        over an approval required for a project 
                        under applicable law determines that 
                        the relevant information necessary to 
                        resolve the issue has not been obtained 
                        and could not have been obtained within 
                        a reasonable time, but the lead agency 
                        disagrees, the resolution of the 
                        dispute shall be forwarded to the heads 
                        of the relevant agencies for 
                        resolution.
                          (vi) Convention by lead agency.--A 
                        lead agency may convene an issue 
                        resolution meeting under this 
                        subsection at any time without the 
                        request of the Federal agency of 
                        jurisdiction, project sponsor, or the 
                        Governor of a State.
                  (B) Elevation of issue resolution.--
                          (i) In general.--If issue resolution 
                        is not achieved by not later than 30 
                        days after the date of a relevant 
                        meeting under subparagraph (A), the 
                        Secretary shall notify the lead agency, 
                        the heads of the relevant participating 
                        agencies, and the project sponsor 
                        (including the Governor only if the 
                        initial issue resolution meeting 
                        request came from the Governor) that an 
                        issue resolution meeting will be 
                        convened.
                          (ii) Requirements.--The Secretary 
                        shall identify the issues to be 
                        addressed at the meeting and convene 
                        the meeting not later than 30 days 
                        after the date of issuance of the 
                        notice.
                  [(C) Referral of issue resolution.--
                          [(i) Referral to Council on 
                        Environmental Quality.--
                                  [(I) In general.--If 
                                resolution is not achieved by 
                                not later than 30 days after 
                                the date of an issue resolution 
                                meeting under subparagraph (B), 
                                the Secretary shall refer the 
                                matter to the Council on 
                                Environmental Quality.
                                  [(II) Meeting.--Not later 
                                than 30 days after the date of 
                                receipt of a referral from the 
                                Secretary under subclause (I), 
                                the Council on Environmental 
                                Quality shall hold an issue 
                                resolution meeting with the 
                                lead agency, the heads of 
                                relevant participating 
                                agencies, and the project 
                                sponsor (including the Governor 
                                only if an initial request for 
                                an issue resolution meeting 
                                came from the Governor).
                          [(ii) Referral to the President.--If 
                        a resolution is not achieved by not 
                        later than 30 days after the date of 
                        the meeting convened by the Council on 
                        Environmental Quality under clause 
                        (i)(II), the Secretary shall refer the 
                        matter directly to the President.]
                  (C) Referral to council on environmental 
                quality.--
                          (i) In general.--If issue resolution 
                        for a project is not achieved on or 
                        before the 30th day after the date of a 
                        meeting under subparagraph (B), the 
                        Secretary shall refer the matter to the 
                        Council on Environmental Quality.
                          (ii) Meeting.--Not later than 30 days 
                        after the date of receipt of a referral 
                        from the Secretary under clause (i), 
                        the Council on Environmental Quality 
                        shall hold an issue resolution meeting 
                        with--
                                  (I) the head of the lead 
                                agency;
                                  (II) the heads of relevant 
                                participating agencies; and
                                  (III) the project sponsor 
                                (including the Governor only if 
                                the initial issue resolution 
                                meeting request came from the 
                                Governor).
                          (iii) Resolution.--The Council on 
                        Environmental Quality shall work with 
                        the lead agency, relevant participating 
                        agencies, and the project sponsor until 
                        all issues are resolved.
          [(6)] (7) Financial penalty provisions.--
                  (A) In general.--A Federal agency of 
                jurisdiction over an approval required for a 
                project under applicable laws shall complete 
                any required approval on an expeditious basis 
                using the shortest existing applicable process.
                  (B) Failure to decide.--
                          (i) In general.--If an agency 
                        described in subparagraph (A) fails to 
                        render a decision under any Federal law 
                        relating to a project that requires the 
                        preparation of an environmental impact 
                        statement or environmental assessment, 
                        including the issuance or denial of a 
                        permit, license, or other approval by 
                        the date described in clause (ii), an 
                        amount of funding equal to the amounts 
                        specified in subclause (I) or (II) 
                        shall be rescinded from the applicable 
                        office of the head of the agency, or 
                        equivalent office to which the 
                        authority for rendering the decision 
                        has been delegated by law by not later 
                        than 1 day after the applicable date 
                        under clause (ii), and once each week 
                        thereafter until a final decision is 
                        rendered, subject to subparagraph (C)--
                                  (I) $20,000 for any project 
                                for which an annual financial 
                                plan [under section 106(i) is 
                                required] is required under 
                                subsection (h) or (i) of 
                                section 106; or
                                  (II) $10,000 for any other 
                                project requiring preparation 
                                of an environmental assessment 
                                or environmental impact 
                                statement.
                          (ii) Description of date.--The date 
                        referred to in clause (i) is the later 
                        of--
                                  (I) the date that is 180 days 
                                after the date on which an 
                                application for the permit, 
                                license, or approval is 
                                complete; and
                                  (II) 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.).
                  (C) Limitations.--
                          (i) In general.--No rescission of 
                        funds under subparagraph (B) relating 
                        to an individual project shall exceed, 
                        in any fiscal year, an amount equal to 
                        2.5 percent of the funds made available 
                        for the applicable agency office.
                          (ii) Failure to decide.--The total 
                        amount rescinded in a fiscal year as a 
                        result of a failure by an agency to 
                        make a decision by an applicable 
                        deadline shall not exceed an amount 
                        equal to 7 percent of the funds made 
                        available for the applicable agency 
                        office for that fiscal year.
                  (D) No fault of agency.--A rescission of 
                funds under this paragraph shall not be made if 
                the lead agency for the project certifies 
                that--
                          (i) the agency has not received 
                        necessary information or approvals from 
                        another entity, such as the project 
                        sponsor, in a manner that affects the 
                        ability of the agency to meet any 
                        requirements under State, local, or 
                        Federal law; or
                          (ii) significant new information or 
                        circumstances, including a major 
                        modification to an aspect of the 
                        project, requires additional analysis 
                        for the agency to make a decision on 
                        the project application.
                  (E) Limitation.--The Federal agency with 
                jurisdiction for the decision from which funds 
                are rescinded pursuant to this paragraph shall 
                not reprogram funds to the office of the head 
                of the agency, or equivalent office, to 
                reimburse that office for the loss of the 
                funds.
                  (F) Audits.--In any fiscal year in which any 
                funds are rescinded from a Federal agency 
                pursuant to this paragraph, the Inspector 
                General of that agency shall--
                          (i) conduct an audit to assess 
                        compliance with the requirements of 
                        this paragraph; and
                          (ii) not later than 120 days after 
                        the end of the fiscal year during which 
                        the rescission occurred, submit to the 
                        Committee on Environment and Public 
                        Works of the Senate and the Committee 
                        on Transportation and Infrastructure of 
                        the House of Representatives a report 
                        describing the reasons why the 
                        transfers were levied, including 
                        allocations of resources.
                  (G) Effect of paragraph.--Nothing in this 
                paragraph affects or limits the application of, 
                or obligation to comply with, any Federal, 
                State, local, or tribal law.
          [(7)] (8) Expedient decisions and reviews.--To ensure 
        that Federal environmental decisions and reviews are 
        expeditiously made--
                  (A) adequate resources made available under 
                this title shall be devoted to ensuring that 
                applicable environmental reviews under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) are completed on an 
                expeditious basis and that the shortest 
                existing applicable process under that Act is 
                implemented; and
                  (B) the President 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, not less frequently than once every 
                120 days after the date of enactment of the 
                MAP-21, a report on the status and progress of 
                the following projects and activities funded 
                under this title with respect to compliance 
                with applicable requirements under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.):
                          (i) Projects and activities required 
                        to prepare an annual financial plan 
                        under section 106(i).
                          (ii) A sample of not less than 5 
                        percent of the projects requiring 
                        preparation of an environmental impact 
                        statement or environmental assessment 
                        in each State.
  (i) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress toward improving and 
expediting the planning and environmental review process.
  (j) Assistance to Affected State and Federal Agencies.--
          [(1) In general.--For a project that is subject to 
        the environmental review process established under this 
        section and for which funds are made available to a 
        State under this title or chapter 53 of title 49, the 
        Secretary may approve a request by the State to provide 
        funds so made available under this title or such 
        chapter 53 to affected Federal agencies (including the 
        Department of Transportation), State agencies, and 
        Indian tribes participating in the environmental review 
        process for the projects in that State or participating 
        in a State process that has been approved by the 
        Secretary for that State. Such funds may be provided 
        only to support activities that directly and 
        meaningfully contribute to expediting and improving 
        transportation project planning and delivery for 
        projects in that State.]
          (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.--Activities for 
        which funds may be provided under paragraph (1) 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.
          (3) Use of Federal lands highway funds.--The 
        Secretary may also use funds made available under 
        section 204 for a project for the purposes specified in 
        this subsection with respect to the environmental 
        review process for the project.
          (4) Amounts.--Requests under paragraph (1) 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 
        meet the time limits for environmental review.
          (5) Condition.--A request under paragraph (1) to 
        expedite time limits for environmental review may be 
        approved only if such time limits are less than the 
        customary time necessary for such review.
          [(6) Memorandum of understanding.--Prior to providing 
        funds approved by the Secretary for dedicated staffing 
        at an affected Federal agency under paragraphs (1) and 
        (2), the affected Federal agency and the State agency 
        shall enter into a memorandum of understanding that 
        establishes the projects and priorities to be addressed 
        by the use of the funds.]
          (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.
  (k) Judicial Review and Savings Clause.--
          (1) Judicial review.--Except as set forth under 
        subsection (l), nothing in this section shall affect 
        the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any 
        State.
          (2) Savings clause.--Nothing in this section shall be 
        construed as superseding, amending, or modifying the 
        National Environmental Policy Act of 1969 or any other 
        Federal environmental statute or affect the 
        responsibility of any Federal officer to comply with or 
        enforce any such statute.
          (3) Limitations.--Nothing in this section shall 
        preempt or interfere with--
                  (A) any practice of seeking, considering, or 
                responding to public comment; or
                  (B) any power, jurisdiction, responsibility, 
                or authority that a Federal, State, or local 
                government 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 
                projects, plans, or programs.
  (l) Limitations on Claims.--
          (1) In general.--Notwithstanding any other provision 
        of law, a claim arising under Federal law seeking 
        judicial review of a permit, license, or approval 
        issued by a Federal agency for a highway or public 
        transportation capital project shall be barred unless 
        it is filed within 150 days after publication of a 
        notice in the Federal Register announcing that the 
        permit, license, or approval is final pursuant to the 
        law under which the agency action is taken, unless a 
        shorter time is specified in the Federal law pursuant 
        to which judicial review is allowed. Nothing in this 
        subsection shall create a right to judicial review or 
        place any limit on filing a claim that a person has 
        violated the terms of a permit, license, or approval.
          (2) New information.--The Secretary 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. The preparation of a supplemental 
        environmental impact statement when required shall be 
        considered a separate final agency action and the 
        deadline for filing a claim for judicial review of such 
        action shall be 150 days after the date of publication 
        of a notice in the Federal Register announcing such 
        action.
  (m) Enhanced Technical Assistance and Accelerated Project 
Completion.--
          (1) Definition of covered project.--In this 
        subsection, the term ``covered project'' means a 
        project--
                  (A) that has an ongoing environmental impact 
                statement under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                and
                  (B) for which at least 2 years, beginning on 
                the date on which a notice of intent is issued, 
                have elapsed without the issuance of a record 
                of decision.
          (2) Technical assistance.--At the request of a 
        project sponsor or the Governor of a State in which a 
        project is located, the Secretary shall provide 
        additional technical assistance to resolve for a 
        covered project any outstanding issues and project 
        delay, including by--
                  (A) providing additional staff, training, and 
                expertise;
                  (B) facilitating interagency coordination;
                  (C) promoting more efficient collaboration; 
                and
                  (D) supplying specialized onsite assistance.
          (3) Scope of work.--
                  (A) In general.--In providing technical 
                assistance for a covered project under this 
                subsection, the Secretary shall establish a 
                scope of work that describes the actions that 
                the Secretary will take to resolve the 
                outstanding issues and project delays, 
                including establishing a schedule under 
                subparagraph (B).
                  (B) Schedule.--
                          (i) In general.--The Secretary shall 
                        establish and meet a schedule for the 
                        completion of any permit, approval, 
                        review, or study, required for the 
                        covered project by the date that is not 
                        later than 4 years after the date on 
                        which a notice of intent for the 
                        covered project is issued.
                          (ii) Inclusions.--The schedule under 
                        clause (i) shall--
                                  (I) comply with all 
                                applicable laws;
                                  (II) require the concurrence 
                                of the Council on Environmental 
                                Quality and each participating 
                                agency for the project with the 
                                State in which the project is 
                                located or the project sponsor, 
                                as applicable; and
                                  (III) reflect any new 
                                information that becomes 
                                available and any changes in 
                                circumstances that may result 
                                in new significant impacts that 
                                could affect the timeline for 
                                completion of any permit, 
                                approval, review, or study 
                                required for the covered 
                                project.
          (4) Consultation.--In providing technical assistance 
        for a covered project under this subsection, the 
        Secretary shall consult, if appropriate, with resource 
        and participating agencies on all methods available to 
        resolve the outstanding issues and project delays for a 
        covered project as expeditiously as possible.
          (5) Enforcement.--
                  (A) In general.--All provisions of this 
                section shall apply to this subsection, 
                including the financial penalty provisions 
                under subsection (h)(6).
                  (B) Restriction.--If the Secretary enforces 
                this subsection under subsection (h)(6), the 
                Secretary may use a date included in a schedule 
                under paragraph (3)(B) that is created pursuant 
                to and is in compliance with this subsection in 
                lieu of the dates under subsection 
                (h)(6)(B)(ii).

Sec. 140. Nondiscrimination

  (a) Prior to approving any programs for projects as provided 
for in section 135, the Secretary shall require assurances from 
any State desiring to avail itself of the benefits of this 
chapter that employment in connection with proposed projects 
will be provided without regard to race, color, creed, national 
origin, or sex. The Secretary shall require that each State 
shall include in the advertised specifications, notification of 
the specific equal employment opportunity responsibilities of 
the successful bidder. In approving programs for projects on 
any of the Federal-aid systems, the Secretary if necessary to 
ensure equal employment opportunity, shall require 
certification by any State desiring to avail itself of the 
benefits of this chapter that there are in existence and 
available on a regional, statewide, or local basis, 
apprenticeship, skill improvement or other upgrading programs, 
registered with the Department of Labor or the appropriate 
State agency, if any, which provide equal opportunity for 
training and employment without regard to race, color, creed, 
national origin, or sex. In implementing such programs, a State 
may reserve training positions for persons who receive welfare 
assistance from such State; except that the implementation of 
any such program shall not cause current employees to be 
displaced or current positions to be supplanted or preclude 
workers that are participating in an apprenticeship, skill 
improvement, or other upgrading program registered with the 
Department of Labor or the appropriate State agency from being 
referred to, or hired on, projects funded under this title 
without regard to the length of time of their participation in 
such program. The Secretary shall periodically obtain from the 
Secretary of Labor and the respective State transportation 
departments information which will enable the Secretary to 
judge compliance with the requirements of this section and the 
Secretary of Labor shall render to the Secretary such 
assistance and information as the Secretary of Transportation 
shall deem necessary to carry out the equal employment 
opportunity program required hereunder.
  (b) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal government, corporation 
(profit or nonprofit), or any other organization or person, is 
authorized to develop, conduct, and administer highway surface 
transportation and technology training, including skill 
improvement programs, and to develop and fund summer 
transportation institutes. From administrative funds made 
available under section 104(a), the Secretary shall deduct such 
sums as necessary, not to exceed $10,000,000 per fiscal year, 
for the administration of this subsection. Such sums so 
deducted shall remain available until expended. The provisions 
of section 6101(b) to (d) of title 41 shall not be not be 
applicable to contracts and agreements made under the authority 
herein granted to the Secretary. Notwithstanding any other 
provision of law, not to exceed 1/2 of 1 percent of funds 
apportioned to a State for the [surface transportation program] 
surface transportation block grant program under section 104(b) 
may be available to carry out this subsection upon request of 
the State transportation department to the Secretary.
  (c) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal government, corporation 
(profit or nonprofit), or any other organization or person, is 
authorized to develop, conduct, and administer training 
programs and assistance programs in connection with any program 
under this title in order that minority businesses may achieve 
proficiency to compete, on an equal basis, for contracts and 
subcontracts. From administrative funds made available under 
section 104(a), the Secretary shall deduct such sums as 
necessary, not to exceed $10,000,000 per fiscal year, for the 
administration of this subsection. The provisions of section 
6101(b) to (d) of title 41 shall not be applicable to contracts 
and agreements made under the authority herein granted to the 
Secretary notwithstanding the provisions of section 3106 of 
title 41.
  (d) Indian Employment.--Consistent with section 703(i) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in 
this section shall preclude the preferential employment of 
Indians living on or near a reservation on projects and 
contracts on Indian reservation roads. States may implement a 
preference for employment of Indians on projects carried out 
under this title near Indian reservations. The Secretary shall 
cooperate with Indian tribal governments and the States to 
implement this subsection.

           *       *       *       *       *       *       *


Sec. 142. Public transportation

  (a)(1) To encourage the development, improvement, and use of 
public mass transportation systems operating buses on Federal-
aid highways for the transportation of passengers, so as to 
increase the traffic capacity of the Federal-aid highways for 
the movement of persons, the Secretary may approve as a project 
on any Federal-aid highway the construction of exclusive or 
preferential high occupancy vehicle lanes, highway traffic 
control devices, bus passenger loading areas and facilities 
(including shelters), and fringe and transportation corridor 
parking facilities, which may include electric vehicle charging 
stations or natural gas vehicle refueling stations, to serve 
high occupancy vehicle and public mass transportation 
passengers, and sums apportioned under section 104(b) of this 
title shall be available to finance the cost of projects under 
this paragraph. If fees are charged for the use of any parking 
facility constructed under this section, the rate thereof shall 
not be in excess of that required for maintenance and operation 
of the facility and the cost of providing shuttle service to 
and from the facility (including compensation to any person for 
operating the facility and for providing such shuttle service).
  (2) In addition to the projects under paragraph (1), the 
Secretary may approve payment from sums apportioned under 
section 104(b)(2) for carrying out any capital transit project 
eligible for assistance under chapter 53 of title 49, capital 
improvement to provide access and coordination between 
intercity and rural bus service, and construction of facilities 
to provide connections between highway transportation and other 
modes of transportation.
  (b) Sums apportioned in accordance with section 104(b)(1) 
shall be available to finance the Federal share of projects for 
exclusive or preferential high occupancy vehicle, truck, and 
emergency vehicle routes or lanes. Routes constructed under 
this subsection shall not be subject to the third sentence of 
section 109(b) of this title.
  (c) Accommodation of Other Modes of Transportation.--The 
Secretary may approve as a project on any Federal-aid highway 
for payment from sums apportioned under section 104(b) 
modifications to existing highways eligible under the program 
that is the source of the funds on such highway necessary to 
accommodate other modes of transportation if such modifications 
will not adversely affect automotive safety.
  (d) Metropolitan Planning.--Any project carried out under 
this section in an urbanized area shall be subject to the 
metropolitan planning requirements of section 134.
  (e)(1) For all purposes of this title, a project authorized 
by subsection (a)(1) of this section shall be deemed to be a 
highway project.
  (2) Projects authorized by subsection (a)(2) shall be subject 
to, and governed in accordance with, all provisions of this 
title applicable to projects on the [surface transportation 
program] surface transportation block grant program, except to 
the extent determined inconsistent by the Secretary.
  (3) The Federal share payable on account of projects 
authorized by subsection (a) of this section shall be that 
provided in section 120 of this title.
  (f) Availability of Rights-of-Way.--In any case where 
sufficient land or air space exists within the publicly 
acquired rights-of-way of any highway, constructed in whole or 
in part with Federal-aid highway funds, to accommodate needed 
passenger, commuter, or high speed rail, magnetic levitation 
systems, and highway and nonhighway public mass transit 
facilities, the Secretary shall authorize a State to make such 
lands, air space, and rights-of-way available with or without 
charge to a publicly or privately owned authority or company or 
any other person for such purposes if such accommodation will 
not adversely affect automotive safety.
  (g) The provision of assistance under subsection (a)(2) shall 
not be construed as bringing within the application of chapter 
15 of title 5, United States Code, any non-supervisory employee 
of an urban mass transportation system (or of any other agency 
or entity performing related functions) to whom such chapter is 
otherwise inapplicable.
  (h) Funds available for expenditure to carry out the purposes 
of subsection (a)(2) of this section shall be supplementary to 
and not in substitution for funds authorized and available for 
obligation pursuant to chapter 53 of title 49.
  (i) The provisions of section 5323(a)(1)(D) of title 49 shall 
apply in carrying out subsection (a)(2) of this section.

Sec. 143. Highway use tax evasion projects

  (a) State Defined.--In this section, the term ``State'' means 
the 50 States and the District of Columbia.
  (b) Projects.--
          (1) In general.--The Secretary shall carry out 
        highway use tax evasion projects in accordance with 
        this subsection.
          (2) Funding.--
                  [(A) In general.--From administrative funds 
                made available under section 104(a), the 
                Secretary shall deduct such sums as are 
                necessary, not to exceed $10,000,000 for each 
                of fiscal years 2013 and 2014, to carry out 
                this section.]
                  (A) In general.--From administrative funds 
                made available under section 104(a), the 
                Secretary may deduct such sums as are 
                necessary, not to exceed $6,000,000 for each of 
                fiscal years 2016 through 2021, to carry out 
                this section.
                  (B) Allocation of funds.--Funds made 
                available to carry out this section may be 
                allocated to the Internal Revenue Service and 
                the States at the discretion of the Secretary, 
                except that of funds so made available for each 
                fiscal year, $2,000,000 shall be available only 
                to carry out intergovernmental enforcement 
                efforts, including research and training.
          (3) Conditions on funds allocated to Internal Revenue 
        Service.--Except as otherwise provided in this section, 
        the Secretary shall not impose any condition on the use 
        of funds allocated to the Internal Revenue Service 
        under this subsection.
          (4) Limitation on use of funds.--Funds made available 
        to carry out this section shall be used only--
                  (A) to expand efforts to enhance motor fuel 
                tax enforcement;
                  (B) to fund additional Internal Revenue 
                Service staff, but only to carry out functions 
                described in this paragraph;
                  (C) to supplement motor fuel tax examinations 
                and criminal investigations;
                  (D) to develop automated data processing 
                tools to monitor motor fuel production and 
                sales;
                  (E) to evaluate and implement registration 
                and reporting requirements for motor fuel 
                taxpayers;
                  (F) to reimburse State expenses that 
                supplement existing fuel tax compliance 
                efforts;
                  (G) to analyze and implement programs to 
                reduce tax evasion associated with other 
                highway use taxes;
                  (H) to support efforts between States and 
                Indian tribes to address issues relating to 
                State motor fuel taxes; and
                  (I) to analyze and implement programs to 
                reduce tax evasion associated with foreign 
                imported fuel.
          (5) Maintenance of effort.--The Secretary may not 
        make an allocation to a State under this subsection for 
        a fiscal year unless the State certifies that the 
        aggregate expenditure of funds of the State, exclusive 
        of Federal funds, for motor fuel tax enforcement 
        activities will be maintained at a level that does not 
        fall below the average level of such expenditure for 
        the preceding 2 fiscal years of the State.
          (6) Federal share.--The Federal share of the cost of 
        a project carried out under this subsection shall be 
        100 percent.
          (7) Period of availability.--Funds authorized to 
        carry out this section shall remain available for 
        obligation for a period of 3 years after the last day 
        of the fiscal year for which the funds are authorized.
          (8) Use of surface transportation  block grant 
        program funding.--In addition to funds made available 
        to carry out this section, a State may expend up to 1/4 
        of 1 percent of the funds apportioned to the State for 
        a fiscal year under section 104(b)(2) on initiatives to 
        halt the evasion of payment of motor fuel taxes.
          (9) Reports.--The Commissioner of the Internal 
        Revenue Service and each State shall submit to the 
        Secretary, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Environment and Public Works of the Senate 
        an annual report that describes the projects, 
        examinations, and criminal investigations funded by and 
        carried out under this section. Such report shall 
        specify the estimated annual yield from such projects, 
        examinations, and criminal investigations.
  (c) Excise Tax Fuel Reporting.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of the SAFETEA-LU, the Secretary 
        shall enter into a memorandum of understanding with the 
        Commissioner of the Internal Revenue Service for the 
        purposes of--
                  (A) the additional development of 
                capabilities needed to support new reporting 
                requirements and databases established under 
                such Act and the American Jobs Creation Act of 
                2004 (Public Law 108-357), and such other 
                reporting requirements and database development 
                as may be determined by the Secretary, in 
                consultation with the Commissioner of the 
                Internal Revenue Service, to be useful in the 
                enforcement of fuel excise taxes, including 
                provisions recommended by the Fuel Tax 
                Enforcement Advisory Committee,
                  (B) the completion of requirements needed for 
                the electronic reporting of fuel transactions 
                from carriers and terminal operators,
                  (C) the operation and maintenance of an 
                excise summary terminal activity reporting 
                system and other systems used to provide 
                strategic analyses of domestic and foreign 
                motor fuel distribution trends and patterns,
                  (D) the collection, analysis, and sharing of 
                information on fuel distribution and compliance 
                or noncompliance with fuel taxes, and
                  (E) the development, completion, operation, 
                and maintenance of an electronic claims filing 
                system and database and an electronic database 
                of heavy vehicle highway use payments.
          (2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  (A) the Internal Revenue Service shall 
                develop and maintain any system under paragraph 
                (1) through contracts,
                  (B) any system under paragraph (1) shall be 
                under the control of the Internal Revenue 
                Service, and
                  (C) any system under paragraph (1) shall be 
                made available for use by appropriate State and 
                Federal revenue, tax, and law enforcement 
                authorities, subject to section 6103 of the 
                Internal Revenue Code of 1986.
          (3) Funding.--Of the amounts made available to carry 
        out this section for each fiscal year, the Secretary 
        shall make available to the Internal Revenue Service 
        such funds as may be necessary to complete, operate, 
        and maintain the systems under paragraph (1) in 
        accordance with this subsection.
          (4) Reports.--Not later than September 30 of each 
        year, the Commissioner of the Internal Revenue Service 
        shall provide reports to the Secretary on the status of 
        the Internal Revenue Service projects funded under this 
        subsection.

Sec. 144. National bridge and tunnel inventory and inspection standards

  (a) Findings and Declarations.--
          (1) Findings.--Congress finds that--
                  (A) the condition of the bridges of the 
                United States has improved since the date of 
                enactment of the Transportation Equity Act for 
                the 21st Century (Public Law 105-178; 112 Stat. 
                107), yet continued improvement to bridge 
                conditions is essential to protect the safety 
                of the traveling public and allow for the 
                efficient movement of people and goods on which 
                the economy of the United States relies; and
                  (B) the systematic preventative maintenance 
                of bridges, and replacement and rehabilitation 
                of deficient bridges, should be undertaken 
                through an overall asset management approach to 
                transportation investment.
          (2) Declarations.--Congress declares that it is in 
        the vital interest of the United States--
                  (A) to inventory, inspect, and improve the 
                condition of the highway bridges and tunnels of 
                the United States;
                  (B) to use a data-driven, risk-based approach 
                and cost-effective strategy for systematic 
                preventative maintenance, replacement, and 
                rehabilitation of highway bridges and tunnels 
                to ensure safety and extended service life;
                  (C) to use performance-based bridge 
                management systems to assist States in making 
                timely investments;
                  (D) to ensure accountability and link 
                performance outcomes to investment decisions; 
                and
                  (E) to ensure connectivity and access for 
                residents of rural areas of the United States 
                through strategic investments in National 
                Highway System bridges and bridges on all 
                public roads.
  (b) National Bridge and Tunnel Inventories.--The Secretary, 
in consultation with the States and Federal agencies with 
jurisdiction over highway bridges and tunnels, shall--
          (1) inventory all highway bridges on public roads, on 
        and off Federal-aid highways, including tribally owned 
        and Federally owned bridges, that are bridges over 
        waterways, other topographical barriers, other 
        highways, and railroads;
          (2) inventory all tunnels on public roads, on and off 
        Federal-aid highways, including tribally owned and 
        Federally owned tunnels;
          (3) classify the bridges according to serviceability, 
        safety, and essentiality for public use, including the 
        potential impacts to emergency evacuation routes and to 
        regional and national freight and passenger mobility if 
        the serviceability of the bridge is restricted or 
        diminished;
          (4) based on that classification, assign each a risk-
        based priority for systematic preventative maintenance, 
        replacement, or rehabilitation; and
          (5) determine the cost of replacing each structurally 
        deficient bridge identified under this subsection with 
        a comparable facility or the cost of rehabilitating the 
        bridge.
  (c) General Bridge Authority.--
          (1) In general.--Except as provided in paragraph (2) 
        and notwithstanding any other provision of law, the 
        General Bridge Act of 1946 (33 U.S.C. 525 et seq.) 
        shall apply to bridges authorized to be replaced, in 
        whole or in part, by this title.
          (2) Exception.--Section 502(b) of the General Bridge 
        Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act 
        of March 3, 1899 (33 U.S.C. 401), shall not apply to 
        any bridge constructed, reconstructed, rehabilitated, 
        or replaced with assistance under this title, if the 
        bridge is over waters that--
                  (A) are not used and are not susceptible to 
                use in [the natural condition of the bridge] 
                the natural condition of the water or by 
                reasonable improvement as a means to transport 
                interstate or foreign commerce; and
                  (B) are--
                          (i) not tidal; or
                          (ii) if tidal, used only by 
                        recreational boating, fishing, and 
                        other small vessels that are less than 
                        21 feet in length.
  (d) Inventory Updates and Reports.--
          (1) In general.--The Secretary shall--
                  (A) annually revise the inventories 
                authorized by subsection (b); and
                  (B) 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 inventories.
          (2) Inspection report.--Not later than 2 years after 
        the date of enactment of the MAP-21, each State and 
        appropriate Federal agency shall report element level 
        data to the Secretary, as each bridge is inspected 
        pursuant to this section, for all highway bridges on 
        the National Highway System.
          (3) Guidance.--The Secretary shall provide guidance 
        to States and Federal agencies for implementation of 
        this subsection, while respecting the existing 
        inspection schedule of each State.
          (4) Bridges not on National Highway System.--The 
        Secretary shall--
                  (A) conduct a study on the benefits, cost-
                effectiveness, and feasibility of requiring 
                element-level data collection for bridges not 
                on the National Highway System; and
                  (B) 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 study.
  (e) Bridges Without Taxing Powers.--
          (1) In general.--Notwithstanding any other provision 
        of law, any bridge that is owned and operated by an 
        agency that does not have taxing powers and whose 
        functions include operating a federally assisted public 
        transit system subsidized by toll revenues shall be 
        eligible for assistance under this title, but the 
        amount of such assistance shall in no event exceed the 
        cumulative amount which such agency has expended for 
        capital and operating costs to subsidize such transit 
        system.
          (2) Insufficient assets.--Before authorizing an 
        expenditure of funds under this subsection, the 
        Secretary shall determine that the applicant agency has 
        insufficient reserves, surpluses, and projected 
        revenues (over and above those required for bridge and 
        transit capital and operating costs) to fund the bridge 
        project or activity eligible for assistance under this 
        title.
          (3) Crediting of non-Federal funds.--Any non-Federal 
        funds expended for the seismic retrofit of the bridge 
        may be credited toward the non-Federal share required 
        as a condition of receipt of any Federal funds for 
        seismic retrofit of the bridge made available after the 
        date of the expenditure.
  (f) Replacement of Destroyed Bridges and Ferry Boat 
Service.--
          (1) In general.--Notwithstanding any other provision 
        of law, a State may use the funds apportioned under 
        section 104(b)(2) to construct any bridge that 
        replaces--
                  (A) any low water crossing (regardless of the 
                length of the low water crossing);
                  (B) any bridge that was destroyed prior to 
                January 1, 1965;
                  (C) any ferry that was in existence on 
                January 1, 1984; or
          (D) any road bridge that is rendered obsolete as a 
        result of a Corps of Engineers flood control or 
        channelization project and is not rebuilt with funds 
        from the Corps of Engineers.
          (2) Federal share.--The Federal share payable on any 
        bridge construction carried out under paragraph (1) 
        shall be 80 percent of the cost of the construction.
  (g) Historic Bridges.--
          (1) Definition of historic bridge.--In this 
        subsection, the term ``historic bridge'' means any 
        bridge that is listed on, or eligible for listing on, 
        the National Register of Historic Places.
          (2) Coordination.--The Secretary shall, in 
        cooperation with the States, encourage the retention, 
        rehabilitation, adaptive reuse, and future study of 
        historic bridges.
          (3) State inventory.--The Secretary shall require 
        each State to complete an inventory of all bridges on 
        and off Federal-aid highways to determine the historic 
        significance of the bridges.
          (4) Eligibility.--
                  (A) In general.--Subject to subparagraph (B), 
                reasonable costs associated with actions to 
                preserve, or reduce the impact of a project 
                under this chapter on, the historic integrity 
                of a historic bridge shall be eligible as 
                reimbursable project costs under section 133 if 
                the load capacity and safety features of the 
                historic bridge are adequate to serve the 
                intended use for the life of the historic 
                bridge.
                  (B) Bridges not used for vehicle traffic.--In 
                the case of a historic bridge that is no longer 
                used for motorized vehicular traffic, the costs 
                eligible as reimbursable project costs pursuant 
                to this chapter shall not exceed the estimated 
                cost of demolition of the historic bridge.
          (5) Preservation.--Any State that proposes to 
        demolish a historic bridge for a replacement project 
        with funds made available to carry out this section 
        shall first make the historic bridge available for 
        donation to a State, locality, or responsible private 
        entity if the State, locality, or responsible entity 
        enters into an agreement--
                  (A) to maintain the bridge and the features 
                that give the historic bridge its historic 
                significance; and
                  (B) to assume all future legal and financial 
                responsibility for the historic bridge, which 
                may include an agreement to hold the State 
                transportation department harmless in any 
                liability action.
          (6) Costs incurred.--
                  (A) In general.--Costs incurred by the State 
                to preserve a historic bridge (including funds 
                made available to the State, locality, or 
                private entity to enable it to accept the 
                bridge) shall be eligible as reimbursable 
                project costs under this chapter in an amount 
                not to exceed the cost of demolition.
                  (B) Additional funding.--Any bridge preserved 
                pursuant to this paragraph shall not be 
                eligible for any other funds authorized 
                pursuant to this title.
  (h) National Bridge and Tunnel Inspection Standards.--
          (1) Requirement.--
                  (A) In general.--The Secretary shall 
                establish and maintain inspection standards for 
                the proper inspection and evaluation of all 
                highway bridges and tunnels for safety and 
                serviceability.
                  (B) Uniformity.--The standards under this 
                subsection shall be designed to ensure 
                uniformity of the inspections and evaluations.
          (2) Minimum requirements of inspection standards.--
        The standards established under paragraph (1) shall, at 
        a minimum--
                  (A) specify, in detail, the method by which 
                the inspections shall be carried out by the 
                States, Federal agencies, and tribal 
                governments;
                  (B) establish the maximum time period between 
                inspections;
                  (C) establish the qualifications for those 
                charged with carrying out the inspections;
                  (D) require each State, Federal agency, and 
                tribal government to maintain and make 
                available to the Secretary on request--
                          (i) written reports on the results of 
                        highway bridge and tunnel inspections 
                        and notations of any action taken 
                        pursuant to the findings of the 
                        inspections; and
                          (ii) current inventory data for all 
                        highway bridges and tunnels reflecting 
                        the findings of the most recent highway 
                        bridge and tunnel inspections 
                        conducted; and
                  (E) establish a procedure for national 
                certification of highway bridge inspectors and 
                tunnel inspectors.
          (3) State compliance with inspection standards.--The 
        Secretary shall, at a minimum--
                  (A) establish, in consultation with the 
                States, Federal agencies, and interested and 
                knowledgeable private organizations and 
                individuals, procedures to conduct reviews of 
                State compliance with--
                          (i) the standards established under 
                        this subsection; and
                          (ii) the calculation or reevaluation 
                        of bridge load ratings; and
                  (B) establish, in consultation with the 
                States, Federal agencies, and interested and 
                knowledgeable private organizations and 
                individuals, procedures for States to follow in 
                reporting to the Secretary--
                          (i) critical findings relating to 
                        structural or safety-related 
                        deficiencies of highway bridges and 
                        tunnels; and (ii) monitoring activities 
                        and corrective actions taken in 
                        response to a critical finding 
                        described in clause (i).
          (4) Reviews of State compliance.--
                  (A) In general.--The Secretary shall annually 
                review State compliance with the standards 
                established under this section.
                  (B) Noncompliance.--If an annual review in 
                accordance with subparagraph (A) identifies 
                noncompliance by a State, the Secretary shall--
                          (i) issue a report detailing the 
                        issues of the noncompliance by December 
                        31 of the calendar year in which the 
                        review was made; and
                          (ii) provide the State an opportunity 
                        to address the noncompliance by--
                                  (I) developing a corrective 
                                action plan to remedy the 
                                noncompliance; or
                                  (II) resolving the issues of 
                                noncompliance not later than 45 
                                days after the date of 
                                notification.
          (5) Penalty for noncompliance.--
                  (A) In general.--If a State fails to satisfy 
                the requirements of paragraph (4)(B) by August 
                1 of the calendar year following the year of a 
                finding of noncompliance, the Secretary shall, 
                on October 1 of that year, and each year 
                thereafter as may be necessary, require the 
                State to dedicate funds apportioned to the 
                State under sections 119 and 133 after the date 
                of enactment of the MAP-21 to correct the 
                noncompliance with the minimum inspection 
                standards established under this subsection.
                  (B) Amount.--The amount of the funds to be 
                directed to correcting noncompliance in 
                accordance with subparagraph (A) shall--
                          (i) be determined by the State based 
                        on an analysis of the actions needed to 
                        address the noncompliance; and
                          (ii) require approval by the 
                        Secretary.
          (6) Update of standards.--Not later than 3 years 
        after the date of enactment of the MAP-21, the 
        Secretary shall update inspection standards to cover--
                  (A) the methodology, training, and 
                qualifications for inspectors; and
                  (B) the frequency of inspection.
          (7) Risk-based approach.--In carrying out the 
        revisions required by paragraph (6), the Secretary 
        shall consider a risk- based approach to determining 
        the frequency of bridge inspections.
  (i) Training Program for Bridge and Tunnel Inspectors.--
          (1) In general.--The Secretary, in cooperation with 
        the State transportation departments, shall maintain a 
        program designed to train appropriate personnel to 
        carry out highway bridge and tunnel inspections.
          (2) Revisions.--The training program shall be revised 
        from time to time to take into account new and improved 
        techniques.
  (j) Bundling of Bridge Projects.--
          (1) Purpose.--The purpose of this subsection is to 
        save costs and time by encouraging States to bundle 
        multiple bridge projects as 1 project.
          (2) Eligible entity defined.--In this subsection, the 
        term ``eligible entity'' means an entity eligible to 
        carry out a bridge project under section 119 or 133.
          (3) Bundling of bridge projects.--An eligible entity 
        may bundle 2 or more similar bridge projects that are--
                  (A) eligible projects under section 119 or 
                133;
                  (B) included as a bundled project in a 
                transportation improvement program under 
                section 134(j) or a statewide transportation 
                improvement program under section 135, as 
                applicable; and
                  (C) awarded to a single contractor or 
                consultant pursuant to a contract for 
                engineering and design or construction between 
                the contractor and an eligible entity.
          (4) Itemization.--Notwithstanding any other provision 
        of law (including regulations), a bundling of bridge 
        projects under this subsection may be listed as--
                  (A) 1 project for purposes of sections 134 
                and 135; and
                  (B) a single project within the applicable 
                bundle.
          (5) Financial characteristics.--Projects bundled 
        under this subsection shall have the same financial 
        characteristics, including--
                  (A) the same funding category or subcategory; 
                and
                  (B) the same Federal share.
          (6) Engineering cost reimbursement.--The provisions 
        of section 102(b) do not apply to projects carried out 
        under this subsection.
  [(j)] (k) Availability of Funds.--In carrying out this 
section--
          (1) the Secretary may use funds made available to the 
        Secretary under sections 104(a) and 503;
          (2) a State may use amounts apportioned to the State 
        under section 104(b)(1) and [104(b)(3)] 104(b)(2);
          (3) an Indian tribe may use funds made available to 
        the Indian tribe under section 202; and
          (4) a Federal agency may use funds made available to 
        the agency under section 503.

           *       *       *       *       *       *       *


Sec. 147. Construction of ferry boats and ferry terminal facilities

  (a) In General.--The Secretary shall carry out a program for 
construction of ferry boats and ferry terminal facilities in 
accordance with section 129(c).
  (b) Federal Share.--The Federal share of the cost of 
construction of ferry boats, ferry terminals, and ferry 
maintenance facilities under this section shall be 80 percent.
  (c) Distribution of Funds.--Of the amounts made available to 
ferry systems and public entities responsible for developing 
ferries under this section for a fiscal year, 100 percent shall 
be allocated in accordance with the formula set forth in 
subsection (d).
  (d) Formula.--Of the amounts allocated pursuant to subsection 
(c)--
          (1) 20 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the number of ferry passengers carried by 
                each ferry system in the most recent fiscal 
                year; bears to
                  (B) the number of ferry passengers carried by 
                all ferry systems in the most recent fiscal 
                year;
          (2) 45 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 fiscal year; 
                bears to
                  (B) the number of vehicles carried by all 
                ferry systems in the most recent fiscal year; 
                and
          (3) 35 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the total route miles serviced by each 
                ferry system; bears to
                  (B) the total route miles serviced by all 
                ferry systems.
  (e) 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 $67,000,000 for 
each of fiscal years [2013 and 2014] 2016 through 2021.
  (f) Period of Availability.--Notwithstanding section 118(b), 
funds made available to carry out this section shall remain 
available until expended.
  (g) 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.
  (h) Redistribution of Unobligated Amounts.--The Secretary 
shall--
          (1) withdraw amounts allocated to eligible entities 
        under this section that remain unobligated by the end 
        of the third fiscal year following the fiscal year for 
        which the amounts were allocated; and
          (2) in the fiscal year beginning after a fiscal year 
        in which a withdrawal is made under paragraph (1), 
        redistribute the funds withdrawn, in accordance with 
        the formula specified under subsection (d), among 
        eligible entities with respect to which no amounts were 
        withdrawn under paragraph (1).

Sec. 148. Highway safety improvement program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) High risk rural road.--The term ``high risk rural 
        road'' means any roadway functionally classified as a 
        rural major or minor collector or a rural local road 
        with significant safety risks, as defined by a State in 
        accordance with an updated State strategic highway 
        safety plan.
          (2) Highway basemap.--The term ``highway basemap'' 
        means a representation of all public roads that can be 
        used to geolocate attribute data on a roadway.
          (3) Highway safety improvement program.--The term 
        ``highway safety improvement program'' means projects, 
        activities, plans, and reports carried out under this 
        section.
          (4) Highway safety improvement project.--
                  (A) In general.--The term ``highway safety 
                improvement project'' means strategies, 
                activities, and projects on a public road that 
                are consistent with a State strategic highway 
                safety plan and--
                          (i) correct or improve a hazardous 
                        road location or feature; or
                          (ii) address a highway safety 
                        problem.
                  (B) Inclusions.--The term ``highway safety 
                improvement project'' [includes, but is not 
                limited to,] only includes a project for 1 or 
                more of the following:
                          (i) An intersection safety 
                        improvement.
                          (ii) Pavement and shoulder widening 
                        (including addition of a passing lane 
                        to remedy an unsafe condition).
                          (iii) Installation of rumble strips 
                        or another warning device, if the 
                        rumble strips or other warning devices 
                        do not adversely affect the safety or 
                        mobility of bicyclists and pedestrians, 
                        including persons with disabilities.
                          (iv) Installation of a skid-resistant 
                        surface at an intersection or other 
                        location with a high frequency of 
                        crashes.
                          (v) An improvement for pedestrian or 
                        bicyclist safety or safety of persons 
                        with disabilities.
                          (vi) Construction and improvement of 
                        a railway- highway grade crossing 
                        safety feature, including installation 
                        of protective devices.
                          (vii) The conduct of a model traffic 
                        enforcement activity at a railway-
                        highway crossing.
                          (viii) Construction of a traffic 
                        calming feature.
                          (ix) Elimination of a roadside 
                        hazard.
                          (x) Installation, replacement, and 
                        other improvement of highway signage 
                        and pavement markings, or a project to 
                        maintain minimum levels of 
                        retroreflectivity, that addresses a 
                        highway safety problem consistent with 
                        a State strategic highway safety plan.
                          (xi) Installation of a priority 
                        control system for emergency vehicles 
                        at signalized intersections.
                          (xii) Installation of a traffic 
                        control or other warning device at a 
                        location with high crash potential.
                          (xiii) Transportation safety 
                        planning.
                          (xiv) Collection, analysis, and 
                        improvement of safety data.
                          (xv) Planning integrated 
                        interoperable emergency communications 
                        equipment, operational activities, or 
                        traffic enforcement activities 
                        (including police assistance) relating 
                        to work zone safety.
                          (xvi) Installation of guardrails, 
                        barriers (including barriers between 
                        construction work zones and traffic 
                        lanes for the safety of road users and 
                        workers), and crash attenuators.
                          (xvii) The addition or retrofitting 
                        of structures or other measures to 
                        eliminate or reduce crashes involving 
                        vehicles and wildlife.
                          (xviii) Installation of yellow-green 
                        signs and signals at pedestrian and 
                        bicycle crossings and in school zones.
                          (xix) Construction and operational 
                        improvements on high risk rural roads.
                          (xx) Geometric improvements to a road 
                        for safety purposes that improve 
                        safety.
                          (xxi) A road safety audit.
                          (xxii) Roadway safety infrastructure 
                        improvements consistent with the 
                        recommendations included in the 
                        publication of the Federal Highway 
                        Administration entitled ``Highway 
                        Design Handbook for Older Drivers and 
                        Pedestrians'' (FHWA-RD-01-103), dated 
                        May 2001 or as subsequently revised and 
                        updated.
                          (xxiii) Truck parking facilities 
                        eligible for funding under section 1401 
                        of the MAP-21.
                          (xxiv) Systemic safety improvements.
                          (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).
          (5) Model inventory of roadway elements.--The term 
        ``model inventory of roadway elements'' means the 
        listing and standardized coding by the Federal Highway 
        Administration of roadway and traffic data elements 
        critical to safety management, analysis, and 
        decisionmaking.
          (6) Project to maintain minimum levels of 
        retroreflectivity.--The term ``project to maintain 
        minimum levels of retroreflectivity'' means a project 
        that is designed to maintain a highway sign or pavement 
        marking retroreflectivity at or above the minimum 
        levels prescribed in Federal or State regulations.
          (7) Road safety audit.--The term ``road safety 
        audit'' means a formal safety performance examination 
        of an existing or future road or intersection by an 
        independent multidisciplinary audit team.
          (8) Road users.--The term ``road user'' means a 
        motorist, passenger, public transportation operator or 
        user, truck driver, bicyclist, motorcyclist, or 
        pedestrian, including a person with disabilities.
          (9) Safety data.--
                  (A) In general.--The term ``safety data'' 
                means crash, roadway, and traffic data on a 
                public road.
                  (B) Inclusion.--The term ``safety data'' 
                includes, in the case of a railway-highway 
                grade crossing, the characteristics of highway 
                and train traffic, licensing, and vehicle data.
          [(10) Safety project under any other section.--
                  [(A) In general.--The term ``safety project 
                under any other section'' means a project 
                carried out for the purpose of safety under any 
                other section of this title.
                  [(B) Inclusion.--The term ``safety project 
                under any other section'' includes--
                          [(i) a project consistent with the 
                        State strategic highway safety plan 
                        that promotes the awareness of the 
                        public and educates the public 
                        concerning highway safety matters 
                        (including motorcycle safety);
                          [(ii) a project to enforce highway 
                        safety laws; and
                          [(iii) a project to provide 
                        infrastructure and infrastructure-
                        related equipment to support emergency 
                        services.]
          [(11)] (10) State highway safety improvement 
        program.--The term ``State highway safety improvement 
        program'' means a program of highway safety improvement 
        projects, activities, plans and reports carried out as 
        part of the Statewide transportation improvement 
        program under section 135(g).
          [(12)] (11) State strategic highway safety plan.--The 
        term ``State strategic highway safety plan'' means a 
        comprehensive plan, based on safety data, developed by 
        a State transportation department that--
                  (A) is developed after consultation with--
                          (i) a highway safety representative 
                        of the Governor of the State;
                          (ii) regional transportation planning 
                        organizations and metropolitan planning 
                        organizations, if any;
                          (iii) representatives of major modes 
                        of transportation;
                          (iv) State and local traffic 
                        enforcement officials;
                          (v) a highway-rail grade crossing 
                        safety representative of the Governor 
                        of the State;
                          (vi) representatives conducting a 
                        motor carrier safety program under 
                        section 31102, 31106, or 31309 of title 
                        49;
                          (vii) motor vehicle administration 
                        agencies;
                          (viii) county transportation 
                        officials;
                          (ix) State representatives of 
                        nonmotorized users; and
                          (x) other major Federal, State, 
                        tribal, and local safety stakeholders;
                  (B) analyzes and makes effective use of 
                State, regional, local, or tribal safety data;
                  (C) addresses engineering, management, 
                operation, education, enforcement, and 
                emergency services elements (including 
                integrated, interoperable emergency 
                communications) of highway safety as key 
                factors in evaluating highway projects;
                  (D) considers safety needs of, and high-
                fatality segments of, all public roads, 
                including non-State-owned public roads and 
                roads on tribal land;
                  (E) considers the results of State, regional, 
                or local transportation and highway safety 
                planning processes;
                  (F) describes a program of strategies to 
                reduce or eliminate safety hazards;
                  (G) is approved by the Governor of the State 
                or a responsible State agency;
                  (H) is consistent with section 135(g); and
                  (I) is updated and submitted to the Secretary 
                for approval as required under subsection 
                (d)(2).
          [(13)] (12) Systemic safety improvement.--The term 
        ``systemic safety improvement'' means an improvement 
        that is widely implemented based on high-risk roadway 
        features that are correlated with particular crash 
        types, rather than crash frequency.
  (b) Program.--
          (1) In general.--The Secretary shall carry out a 
        highway safety improvement program.
          (2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant 
        reduction in traffic fatalities and serious injuries on 
        all public roads, including non-State-owned public 
        roads and roads on tribal land.
  (c) Eligibility.--
          (1) In general.--To obligate funds apportioned under 
        section 104(b)(3) to carry out this section, a State 
        shall have in effect a State highway safety improvement 
        program under which the State--
                  (A) develops, implements, and updates a State 
                strategic highway safety plan that identifies 
                and analyzes highway safety problems and 
                opportunities as provided in [subsections 
                (a)(12)] subsections (a)(11) and (d);
                  (B) produces a program of projects or 
                strategies to reduce identified safety 
                problems; and
                  (C) evaluates the strategic highway safety 
                plan on a regularly recurring basis in 
                accordance with subsection (d)(1) to ensure the 
                accuracy of the data and priority of proposed 
                strategies.
          (2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State 
        highway safety improvement program, a State shall--
                  (A) have in place a safety data system with 
                the ability to perform safety problem 
                identification and countermeasure analysis--
                          (i) to improve the timeliness, 
                        accuracy, completeness, uniformity, 
                        integration, and accessibility of the 
                        safety data on all public roads, 
                        including non-State- owned public roads 
                        and roads on tribal land in the State;
                          (ii) to evaluate the effectiveness of 
                        data improvement efforts;
                          (iii) to link State data systems, 
                        including traffic records, with other 
                        data systems within the State;
                          (iv) to improve the compatibility and 
                        interoperability of safety data with 
                        other State transportation-related data 
                        systems and the compatibility and 
                        interoperability of State safety data 
                        systems with data systems of other 
                        States and national data systems;
                          (v) to enhance the ability of the 
                        Secretary to observe and analyze 
                        national trends in crash occurrences, 
                        rates, outcomes, and circumstances; and
                          (vi) to improve the collection of 
                        data on nonmotorized crashes;
                  (B) based on the analysis required by 
                subparagraph (A)--
                          (i) identify hazardous locations, 
                        sections, and elements (including 
                        roadside obstacles, railway-highway 
                        crossing needs, and unmarked or poorly 
                        marked roads) that constitute a danger 
                        to motorists (including motorcyclists), 
                        bicyclists, pedestrians, and other 
                        highway users;
                          (ii) using such criteria as the State 
                        determines to be appropriate, establish 
                        the relative severity of those 
                        locations, in terms of crashes 
                        (including crash rates), fatalities, 
                        serious injuries, traffic volume 
                        levels, and other relevant data;
                          (iii) identify the number of 
                        fatalities and serious injuries on all 
                        public roads by location in the State;
                          (iv) identify highway safety 
                        improvement projects on the basis of 
                        crash experience, crash potential, 
                        crash rate, or other data-supported 
                        means; and
                          (v) consider which projects maximize 
                        opportunities to advance safety;
                  (C) adopt strategic and performance-based 
                goals that--
                          (i) address traffic safety, including 
                        behavioral and infrastructure problems 
                        and opportunities on all public roads;
                          (ii) focus resources on areas of 
                        greatest need; and
                          (iii) are coordinated with other 
                        State highway safety programs;
                  (D) advance the capabilities of the State for 
                safety data collection, analysis, and 
                integration in a manner that--
                          (i) complements the State highway 
                        safety program under chapter 4 and the 
                        commercial vehicle safety plan under 
                        section 31102 of title 49;
                          (ii) includes all public roads, 
                        including public non-State-owned roads 
                        and roads on tribal land;
                          (iii) identifies hazardous locations, 
                        sections, and elements on all public 
                        roads that constitute a danger to 
                        motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users;
                          (iv) includes a means of identifying 
                        the relative severity of hazardous 
                        locations described in clause (iii) in 
                        terms of crashes (including crash 
                        rate), serious injuries, fatalities, 
                        and traffic volume levels; and
                          (v) improves the ability of the State 
                        to identify the number of fatalities 
                        and serious injuries on all public 
                        roads in the State with a breakdown by 
                        functional classification and ownership 
                        in the State;
                  (E)(i) determine priorities for the 
                correction of hazardous road locations, 
                sections, and elements (including railway-
                highway crossing improvements), as identified 
                through safety data analysis;
                  (ii) identify opportunities for preventing 
                the development of such hazardous conditions; 
                and
                  (iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                  (F)(i) establish an evaluation process to 
                analyze and assess results achieved by highway 
                safety improvement projects carried out in 
                accordance with procedures and criteria 
                established by this section; and
                  (ii) use the information obtained under 
                clause (i) in setting priorities for highway 
                safety improvement projects.
  (d) Updates to Strategic Highway Safety Plans.--
          (1) Establishment of requirements.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of the MAP-21, the 
                Secretary shall establish requirements for 
                regularly recurring State updates of strategic 
                highway safety plans.
                  (B) Contents of updated strategic highway 
                safety plans.--In establishing requirements 
                under this subsection, the Secretary shall 
                ensure that States take into consideration, 
                with respect to updated strategic highway 
                safety plans--
                          (i) the findings of road safety 
                        audits;
                          (ii) the locations of fatalities and 
                        serious injuries;
                          (iii) the locations that do not have 
                        an empirical history of fatalities and 
                        serious injuries, but possess risk 
                        factors for potential crashes;
                          (iv) rural roads, including all 
                        public roads, commensurate with 
                        fatality data;
                          (v) motor vehicle crashes that 
                        include fatalities or serious injuries 
                        to pedestrians and bicyclists;
                          (vi) the cost-effectiveness of 
                        improvements;
                          (vii) improvements to rail-highway 
                        grade crossings; and
                          (viii) safety on all public roads, 
                        including non-State-owned public roads 
                        and roads on tribal land.
          (2) Approval of updated strategic highway safety 
        plans.--
                  (A) In general.--Each State shall--
                          (i) update the strategic highway 
                        safety plans of the State in accordance 
                        with the requirements established by 
                        the Secretary under this subsection; 
                        and
                          (ii) submit the updated plans to the 
                        Secretary, along with a detailed 
                        description of the process used to 
                        update the plan.
                  (B) Requirements for approval.--The Secretary 
                shall not approve the process for an updated 
                strategic highway safety plan unless--
                          (i) the updated strategic highway 
                        safety plan is consistent with the 
                        requirements of this subsection and 
                        [subsection (a)(12)] subsection 
                        (a)(11); and
                          (ii) the process used is consistent 
                        with the requirements of this 
                        subsection.
          (3) Penalty for failure to have an approved updated 
        strategic highway safety plan.--If a State does not 
        have an updated strategic highway safety plan with a 
        process approved by the Secretary by August 1 of the 
        fiscal year beginning after the date of establishment 
        of the requirements under paragraph (1), the State 
        shall not be eligible to receive any additional 
        limitation pursuant to the redistribution of the 
        limitation on obligations for Federal- aid highway and 
        highway safety construction programs that occurs after 
        August 1 for each succeeding fiscal year until the 
        fiscal year during which the plan is approved.
  (e) Eligible Projects.--
          (1) In general.--Funds apportioned to the State under 
        section 104(b)(3) may be obligated to carry out--
                  (A) any highway safety improvement project on 
                any public road or publicly owned bicycle or 
                pedestrian pathway or trail;
                  (B) as provided in subsection (g); or
                  (C) any project to maintain minimum levels of 
                retroreflectivity with respect to a public 
                road, without regard to whether the project is 
                included in an applicable State strategic 
                highway safety plan.
          (2) Use of other funding for safety.--
                  (A) Effect of section.--Nothing in this 
                section prohibits the use of funds made 
                available under other provisions of this title 
                for highway safety improvement projects.
                  (B) Use of other funds.--States are 
                encouraged to address the full scope of the 
                safety needs and opportunities of the States by 
                using funds made available under other 
                provisions of this title (except a provision 
                that specifically prohibits that use).
  (f) Data Improvement.--
          (1) Definition of data improvement activities.--In 
        this subsection, the following definitions apply:
                  (A) In general.--The term ``data improvement 
                activities'' means a project or activity to 
                further the capacity of a State to make more 
                informed and effective safety infrastructure 
                investment decisions.
                  (B) Inclusions.--The term ``data improvement 
                activities'' includes a project or activity--
                          (i) to create, update, or enhance a 
                        highway basemap of all public roads in 
                        a State;
                          (ii) to collect safety data, 
                        including data identified as part of 
                        the model inventory for roadway 
                        elements, for creation of or use on a 
                        highway basemap of all public roads in 
                        a State;
                          (iii) to store and maintain safety 
                        data in an electronic manner;
                          (iv) to develop analytical processes 
                        for safety data elements;
                          (v) to acquire and implement roadway 
                        safety analysis tools; and
                          (vi) to support the collection, 
                        maintenance, and sharing of safety data 
                        on all public roads and related systems 
                        associated with the analytical usage of 
                        that data.
          (2) Model inventory of roadway elements.--The 
        Secretary shall--
                  (A) establish a subset of the model inventory 
                of roadway elements that are useful for the 
                inventory of roadway safety; and
                  (B) ensure that States adopt and use the 
                subset to improve data collection.
          (3) Process.--The Secretary shall establish a process 
        to allow a State to cease to collect the subset 
        referred to in paragraph (2)(A) for public roads that 
        are gravel roads or otherwise unpaved if--
                  (A) the State does not use funds provided to 
                carry out this section for a project on such 
                roads until the State completes a collection of 
                the required model inventory of roadway 
                elements for the roads; and
                  (B) the State demonstrates that the State 
                consulted with affected Indian tribes before 
                ceasing to collect data with respect to such 
                roads that are included in the National Tribal 
                Transportation Facility Inventory.
          (4) Rule of construction.--Nothing in paragraph (3) 
        may be construed to allow a State to cease data 
        collection related to serious injuries or fatalities.
  (g) Special Rules.--
          (1) High-risk rural road safety.--[If the fatality 
        rate]
                  (A) In general._If the fatality rate on rural 
                roads in a State increases over the most recent 
                2-year period for which data are available, 
                that State shall be required to obligate in the 
                next fiscal year for projects on high risk 
                rural roads an amount equal to at least 200 
                percent of the amount of funds the State 
                received for fiscal year 2009 for high risk 
                rural roads under subsection (f) of this 
                section, as in effect on the day before the 
                date of enactment of the MAP-21.
                  (B) Fatalities exceeding the median rate.--If 
                the fatality rate on rural roads in a State, 
                for the most recent 2-year period for which 
                data is available, is more than the median 
                fatality rate for rural roads among all States 
                for such 2-year period, the State shall be 
                required to demonstrate, in the subsequent 
                State strategic highway safety plan of the 
                State, strategies to address fatalities and 
                achieve safety improvements on high risk rural 
                roads.
          (2) Older drivers.--If traffic fatalities and serious 
        injuries per capita for drivers and pedestrians over 
        the age of 65 in a State increases during the most 
        recent 2-year period for which data are available, that 
        State shall be required to include, in the subsequent 
        Strategic Highway Safety Plan of the State, strategies 
        to address the increases in those rates, taking into 
        account the recommendations included in the publication 
        of the Federal Highway Administration entitled 
        ``Highway Design Handbook for Older Drivers and 
        Pedestrians'' (FHWA-RD-01-103), and dated May 2001, or 
        as subsequently revised and updated.
  (h) Reports.--
          (1) In general.--A State shall submit to the 
        Secretary a report that--
                  (A) describes progress being made to 
                implement highway safety improvement projects 
                under this section;
                  (B) assesses the effectiveness of those 
                improvements; and
                  (C) describes the extent to which the 
                improvements funded under this section have 
                contributed to reducing--
                          (i) the number and rate of fatalities 
                        on all public roads with, to the 
                        maximum extent practicable, a breakdown 
                        by functional classification and 
                        ownership in the State;
                          (ii) the number and rate of serious 
                        injuries on all public roads with, to 
                        the maximum extent practicable, a 
                        breakdown by functional classification 
                        and ownership in the State; and
                          (iii) the occurrences of fatalities 
                        and serious injuries at railway-highway 
                        crossings.
          (2) Contents; schedule.--The Secretary shall 
        establish the content and schedule for the submission 
        of the report under paragraph (1).
          (3) Transparency.--The Secretary shall make strategic 
        highway safety plans submitted under subsection (d) and 
        reports submitted under this subsection available to 
        the public through--
                  (A) the website of the Department; and
                  (B) such other means as the Secretary 
                determines to be appropriate.
          (4) Discovery and admission into evidence of certain 
        reports, surveys, and information.--Notwithstanding any 
        other provision of law, reports, surveys, schedules, 
        lists, or data compiled or collected for any purpose 
        relating to this section, shall not be subject to 
        discovery or admitted into evidence in a Federal or 
        State court proceeding or considered for other purposes 
        in any action for damages arising from any occurrence 
        at a location identified or addressed in the reports, 
        surveys, schedules, lists, or other data.
  (i) State Performance Targets.--If the Secretary determines 
that a State has not met or made significant progress toward 
meeting the 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, the State shall--
          (1) use obligation authority equal to the 
        apportionment of the State for the prior year under 
        section 104(b)(3) only for highway safety improvement 
        projects under this section until the Secretary 
        determines that the State has met or made significant 
        progress toward meeting the performance targets of the 
        State; and
          (2) submit annually to the Secretary, until the 
        Secretary determines that the State has met or made 
        significant progress toward meeting the performance 
        targets of the State, an implementation plan that--
                  (A) identifies roadway features that 
                constitute a hazard to road users;
                  (B) identifies highway safety improvement 
                projects on the basis of crash experience, 
                crash potential, or other data-supported means;
                  (C) describes how highway safety improvement 
                program funds will be allocated, including 
                projects, activities, and strategies to be 
                implemented;
                  (D) describes how the proposed projects, 
                activities, and strategies funded under the 
                State highway safety improvement program will 
                allow the State to make progress toward 
                achieving the safety performance targets of the 
                State; and
                  (E) describes the actions the State will 
                undertake to meet the performance targets of 
                the State.
  (j) Federal Share of Highway Safety Improvement Projects.--
Except as provided in sections 120 and 130, the Federal share 
of the cost of a highway safety improvement project carried out 
with funds apportioned to a State under section 104(b)(3) shall 
be 90 percent.

Sec. 149. Congestion mitigation and air quality improvement program

  (a) Establishment.--The Secretary shall establish and 
implement a congestion mitigation and air quality improvement 
program in accordance with this section.
  (b) Eligible Projects.--Except as provided in subsection (d), 
a State may obligate funds apportioned to it under section 
104(b)(4) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
that is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, or is required to prepare, and 
file with the Administrator of the Environmental Protection 
Agency, maintenance plans under the Clean Air Act (42 U.S.C. 
7401 et seq.) and--
          (1)(A)(i) if the Secretary, after consultation with 
        the Administrator determines, on the basis of 
        information published by the Environmental Protection 
        Agency pursuant to section 108(f)(1)(A) of the Clean 
        Air Act (other than clause (xvi)) that the project or 
        program is likely to contribute to--
                  (I) the attainment of a national ambient air 
                quality standard; or
                  (II) the maintenance of a national ambient 
                air quality standard in a maintenance area; and
          (ii) a high level of effectiveness in reducing air 
        pollution, in cases of projects or programs where 
        sufficient information is available in the database 
        established pursuant to subsection (h) to determine the 
        relative effectiveness of such projects or programs; 
        or,
          (B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a 
        program, method, or strategy described in such section 
        108(f)(1)(A);
          (2) if the project or program is included in a State 
        implementation plan that has been approved pursuant to 
        the Clean Air Act and the project will have air quality 
        benefits;
          (3) the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project or program is likely to 
        contribute to the attainment of a national ambient air 
        quality standard, whether through reductions in vehicle 
        miles traveled, fuel consumption, or through other 
        factors;
          (4) to establish or operate a traffic monitoring, 
        management, and control facility or program if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program, including advanced truck stop 
        electrification systems, is likely to contribute to the 
        attainment of a national ambient air quality standard;
          (5) if the program or project improves traffic flow, 
        including projects to improve signalization, construct 
        high occupancy vehicle lanes, improve intersections, 
        add turning lanes, improve transportation systems 
        management and operations that mitigate congestion and 
        improve air quality, and implement intelligent 
        transportation system strategies and such other 
        projects that are eligible for assistance under this 
        section on the day before the date of enactment of this 
        paragraph, including programs or projects to improve 
        incident and emergency response or improve mobility, 
        such as through real-time traffic, transit, and 
        multimodal traveler information;
          (6) if the project or program involves the purchase 
        of integrated, interoperable emergency communications 
        equipment;
          (7) if the project or program shifts traffic demand 
        to nonpeak hours or other transportation modes, 
        increases vehicle occupancy rates, or otherwise reduces 
        demand for roads through such means as telecommuting, 
        ridesharing, carsharing, alternative work hours, and 
        pricing; [or]
          (8) if the project or program is for--
                  (A) the purchase of diesel retrofits that 
                are--
                          (i) for motor vehicles (as defined in 
                        section 216 of the Clean Air Act (42 
                        U.S.C. 7550)); or
                          (ii) verified technologies (as 
                        defined in section 791 of the Energy 
                        Policy Act of 2005 (42 U.S.C. 16131)) 
                        for non-road vehicles and non-road 
                        engines (as defined in section 216 of 
                        the Clean Air Act (42 U.S.C. 7550)) 
                        that are used in construction projects 
                        that are--
                                  (I) located in nonattainment 
                                or maintenance areas for ozone, 
                                PM10, or 
                                PM2.5 (as defined 
                                under the Clean Air Act (42 
                                U.S.C. 7401 et seq.)); and
                                  (II) funded, in whole or in 
                                part, under this title; or
                  (B) the conduct of outreach activities that 
                are designed to provide information and 
                technical assistance to the owners and 
                operators of diesel equipment and vehicles 
                regarding the purchase and installation of 
                diesel retrofits[.]; or
          (9) if the project or program is for the installation 
        of vehicle-to-infrastructure communication equipment.
  (c) Special Rules.--
          (1) Projects for PM-10 nonattainment areas.--A State 
        may obligate funds apportioned to the State under 
        section 104(b)(4) for a project or program for an area 
        that is nonattainment for ozone or carbon monoxide, or 
        both, and for PM-10 resulting from transportation 
        activities, without regard to any limitation of the 
        Department of Transportation relating to the type of 
        ambient air quality standard such project or program 
        addresses.
          (2) Electric vehicle and natural gas vehicle 
        infrastructure.--A State may obligate funds apportioned 
        under section 104(b)(4) for a project or program to 
        establish electric vehicle charging stations or natural 
        gas vehicle refueling stations for the use of battery 
        powered or natural gas fueled trucks or other motor 
        vehicles at any location in the State except that such 
        stations may not be established or supported where 
        commercial establishments serving motor vehicle users 
        are prohibited by section 111 of title 23, United 
        States Code.
          (3) HOV facilities.--No funds may be provided under 
        this section for a project which will result in the 
        construction of new capacity available to single 
        occupant vehicles unless the project consists of a high 
        occupancy vehicle facility available to single occupant 
        vehicles only at other than peak travel times.
  [(d) States Flexibility.--
          [(1) States without a nonattainment area.--If a State 
        does not have, and never has had, a nonattainment area 
        designated under the Clean Air Act (42 U.S.C. 7401 et 
        seq.), the State may use funds apportioned to the State 
        under section 104(b)(4) for any project in the State 
        that--
                  [(A) would otherwise be eligible under 
                subsection (b) as if the project were carried 
                out in a nonattainment or maintenance area; or
                  [(B) is eligible under the surface 
                transportation program under section 133.
          [(2) States with a nonattainment area.--
                  [(A) In general.--If a State has a 
                nonattainment area or maintenance area and 
                received funds in fiscal year 2009 under 
                section 104(b)(2)(D), as in effect on the day 
                before the date of enactment of the MAP-21, 
                above the amount of funds that the State would 
                have received based on the nonattainment and 
                maintenance area population of the State under 
                subparagraphs (B) and (C) of section 104(b)(2), 
                as in effect on the day before the date of 
                enactment of the MAP-21, the State may use for 
                any project that is eligible under the surface 
                transportation program under section 133 an 
                amount of funds apportioned to such State under 
                section 104(b)(4) that is equal to the product 
                obtained by multiplying--
                          [(i) the amount apportioned to such 
                        State under section 104(b)(4) 
                        (excluding the amount of funds reserved 
                        under paragraph (l)); by
                          [(ii) the ratio calculated under 
                        subparagraph (B).
                  [(B) Ratio.--For purposes of this paragraph, 
                the ratio shall be calculated as the proportion 
                that--
                          [(i) the amount for fiscal year 2009 
                        such State was permitted by section 
                        149(c)(2), as in effect on the day 
                        before the date of enactment of the 
                        MAP-21, to obligate in any area of the 
                        State for projects eligible under 
                        section 133, as in effect on the day 
                        before the date of enactment of the 
                        MAP-21t; bears to
                          [(ii) the total apportionment to such 
                        State for fiscal year 2009 under 
                        section 104(b)(2), as in effect on the 
                        day before the date of enactment of the 
                        MAP-21.
          [(3) Changes in designation.--If a new nonattainment 
        area is designated or a previously designated 
        nonattainment area is redesignated as an attainment 
        area in a State under the Clean Air Act (42 U.S.C. 7401 
        et seq.), the Secretary shall modify the amount such 
        State is permitted to obligate in any area of the State 
        for projects eligible under section 133.]
  (d) States Flexibility.--
          (1) States without a nonattainment area.--If a State 
        does not have, and never has had, a nonattainment area 
        designated under the Clean Air Act (42 U.S.C. 7401 et 
        seq.), the State may use funds apportioned to the State 
        under section 104(b)(4) for any project in the State 
        that--
                  (A) would otherwise be eligible under 
                subsection (b) if the project were carried out 
                in a nonattainment or maintenance area; or
                  (B) is eligible under the surface 
                transportation block grant program under 
                section 133.
          (2) States with a nonattainment area.--
                  (A) In general.--If a State has a 
                nonattainment area or maintenance area and 
                received funds in fiscal year 2009 under 
                section 104(b)(2)(D), as in effect on the day 
                before the date of enactment of the MAP-21, 
                above the amount of funds that the State would 
                have received based on the nonattainment and 
                maintenance area population of the State under 
                subparagraphs (B) and (C) of section 104(b)(2), 
                as in effect on the day before the date of 
                enactment of the MAP-21, the State may use, for 
                any project that would otherwise be eligible 
                under subsection (b) if the project were 
                carried out in a nonattainment or maintenance 
                area or is eligible under the surface 
                transportation block grant program under 
                section 133, an amount of funds apportioned to 
                such State under section 104(b)(4) that is 
                equal to the product obtained by multiplying--
                          (i) the amount apportioned to such 
                        State under section 104(b)(4) 
                        (excluding the amounts reserved for 
                        obligation under subsection (k)(1)); by
                          (ii) the ratio calculated under 
                        subparagraph (B).
                  (B) Ratio.--For purposes of this paragraph, 
                the ratio shall be calculated as the proportion 
                that--
                          (i) the amount for fiscal year 2009 
                        such State was permitted by section 
                        149(c)(2), as in effect on the day 
                        before the date of enactment of the 
                        MAP-21, to obligate in any area of the 
                        State for projects eligible under 
                        section 133, as in effect on the day 
                        before the date of enactment of the 
                        MAP-21; bears to
                          (ii) the total apportionment to such 
                        State for fiscal year 2009 under 
                        section 104(b)(2), as in effect on the 
                        day before the date of enactment of the 
                        MAP-21.
          (3) Changes in designation.--If a new nonattainment 
        area is designated or a previously designated 
        nonattainment area is redesignated as an attainment 
        area in a State under the Clean Air Act (42 U.S.C. 7401 
        et seq.), the Secretary shall modify, in a manner 
        consistent with the approach that was in effect on the 
        day before the date of enactment of MAP-21, the amount 
        such State is permitted to obligate in any area of the 
        State for projects eligible under section 133.
  (e) 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 of 
this title.
  (f) Partnerships With Nongovernmental Entities.--
          (1) In general.--Notwithstanding any other provision 
        of this title and in accordance with this subsection, a 
        metropolitan planning organization, State 
        transportation department, or other project sponsor may 
        enter into an agreement with any public, private, or 
        nonprofit entity to cooperatively implement any project 
        carried out under this section.
          (2) Forms of participation by entities.--
        Participation by an entity under paragraph (1) may 
        consist of--
                  (A) ownership or operation of any land, 
                facility, vehicle, or other physical asset 
                associated with the project;
                  (B) cost sharing of any project expense;
                  (C) carrying out of administration, 
                construction management, project management, 
                project operation, or any other management or 
                operational duty associated with the project; 
                and
                  (D) any other form of participation approved 
                by the Secretary.
          (3) Allocation to entities.--A State may allocate 
        funds apportioned under section 104(b)(4) to an entity 
        described in paragraph (1).
          (4) Alternative fuel projects.--In the case of a 
        project that will provide for the use of alternative 
        fuels by privately owned vehicles or vehicle fleets, 
        activities eligible for funding under this subsection--
                  (A) may include the costs of vehicle 
                refueling infrastructure, including 
                infrastructure that would support the 
                development, production, and use of emerging 
                technologies that reduce emissions of air 
                pollutants from motor vehicles, and other 
                capital investments associated with the 
                project;
                  (B) shall include only the incremental cost 
                of an alternative fueled vehicle, as compared 
                to a conventionally fueled vehicle, that would 
                otherwise be borne by a private party; and
                  (C) shall apply other governmental financial 
                purchase contributions in the calculation of 
                net incremental cost.
          (5) Prohibition on federal participation with respect 
        to required activities.--A Federal participation 
        payment under this subsection may not be made to an 
        entity to fund an obligation imposed under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or any other Federal 
        law.
  (g) Cost-Effective Emission Reduction Guidance.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Administrator.--The term 
                ``Administrator'' means the Administrator of 
                the Environmental Protection Agency.
                  (B) Diesel retrofit.--The term ``diesel 
                retrofit'' means a replacement, repowering, 
                rebuilding, after treatment, or other 
                technology, as determined by the Administrator.
          (2) Emission reduction guidance.--The Administrator, 
        in consultation with the Secretary, shall publish a 
        list of diesel retrofit technologies and supporting 
        technical information for--
                  (A) diesel emission reduction technologies 
                certified or verified by the Administrator, the 
                California Air Resources Board, or any other 
                entity recognized by the Administrator for the 
                same purpose;
                  (B) diesel emission reduction technologies 
                identified by the Administrator as having an 
                application and approvable test plan for 
                verification by the Administrator or the 
                California Air Resources Board that is 
                submitted not later that 18 months of the date 
                of enactment of this subsection;
                  (C) available information regarding the 
                emission reduction effectiveness and cost 
                effectiveness of technologies identified in 
                this paragraph, taking into consideration air 
                quality and health effects.
          [(3) Priority consideration.--States and metropolitan 
        planning organizations shall give priority in areas 
        designated as nonattainment or maintenance for PM2.5 
        under the Clean Air Act (42 U.S.C. 7401 et seq.) in 
        distributing funds received for congestion mitigation 
        and air quality projects and programs from 
        apportionments under section 104(b)(4) to projects that 
        are proven to reduce PM2.5, including diesel 
        retrofits.]
          (3) Priority consideration.--
                  (A) In general.--In distributing funds 
                received for congestion mitigation and air 
                quality projects and programs from 
                apportionments under section 104(b)(4) in areas 
                designated as nonattainment or maintenance for 
                PM2.5 under the Clean Air Act (42 U.S.C. 7401 
                et seq.) and where regional motor vehicle 
                emissions are not an insignificant contributor 
                to the air quality problem for PM2.5, States 
                and metropolitan planning organizations shall 
                give priority to projects, including diesel 
                retrofits, that are proven to reduce direct 
                emissions of PM2.5.
                  (B) Use of funding.--To the maximum extent 
                practicable, funding used in an area described 
                in subparagraph (A) shall be used on the most 
                cost-effective projects and programs that are 
                proven to reduce directly emitted fine 
                particulate matter.
          (4) No effect on authority or restrictions.--Nothing 
        in this subsection modifies or otherwise affects any 
        authority or restriction established under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or any other law 
        (other than provisions of this title relating to 
        congestion mitigation and air quality).
  (h) Interagency Consultation.--The Secretary shall encourage 
States and metropolitan planning organizations to consult with 
State and local air quality agencies in nonattainment and 
maintenance areas on the estimated emission reductions from 
proposed congestion mitigation and air quality improvement 
programs and projects.
  (i) Evaluation and Assessment of Projects.--
          (1) Database.--
                  (A) In general.--Using appropriate 
                assessments of projects funded under the 
                congestion mitigation and air quality program 
                and results from other research, the Secretary 
                shall maintain and disseminate a cumulative 
                database describing the impacts of the 
                projects, including specific information about 
                each project, such as the project name, 
                location, sponsor, cost, and, to the extent 
                already measured by the project sponsor, cost-
                effectiveness, based on reductions in 
                congestion and emissions.
                  (B) Availability.--The database shall be 
                published or otherwise made readily available 
                by the Secretary in electronically accessible 
                format and means, such as the Internet, for 
                public review.
          (2) Cost effectiveness.--
                  (A) In general.--The Secretary, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, shall evaluate 
                projects on a periodic basis and develop a 
                table or other similar medium that illustrates 
                the cost-effectiveness of a range of project 
                types eligible for funding under this section 
                as to how the projects mitigate congestion and 
                improve air quality.
                  (B) Contents.--The table described in 
                subparagraph (A) shall show measures of cost-
                effectiveness, such as dollars per ton of 
                emissions reduced, and assess those measures 
                over a variety of timeframes to capture impacts 
                on the planning timeframes outlined in section 
                134.
                  (C) Use of table.--States and metropolitan 
                planning organizations shall consider the 
                information in the table when selecting 
                projects or developing performance plans under 
                subsection (l).
  (j) Optional Programmatic Eligibility.--
          (1) In general.--At the discretion of a metropolitan 
        planning organization, a technical assessment of a 
        selected program of projects may be conducted through 
        modeling or other means to demonstrate the emissions 
        reduction projection required under this section.
          (2) Applicability.--If an assessment described in 
        paragraph (1) successfully demonstrates an emissions 
        reduction, all projects included in such assessment 
        shall be eligible for obligation under this section 
        without further demonstration of emissions reduction of 
        individual projects included in such assessment.
  (k) Priority for Use of Funds in PM2.5 Areas.--
          (1) In general.--For any State that has a 
        nonattainment or maintenance area for fine particulate 
        matter, an amount equal to 25 percent of the funds 
        apportioned to each State under section 104(b)(4) for a 
        nonattainment or maintenance area that are based all or 
        in part on the weighted population of such area in fine 
        particulate matter nonattainment shall be obligated to 
        projects that reduce [such fine particulate] directly 
        emitted fine particulate matter emissions in such area, 
        including diesel retrofits.
          (2) Construction equipment and vehicles.--In order to 
        meet the requirements of paragraph (1), a State or 
        metropolitan planning organization may elect to 
        obligate funds to install diesel emission control 
        technology on nonroad diesel equipment or on-road 
        diesel equipment that is operated on a highway 
        construction project within a PM2.5 nonattainment or 
        maintenance area.
          (3) PM2.5 nonattainment and maintenance in low 
        population density states.--
                  (A) Exception.--For any State with a 
                population density of 80 or fewer persons per 
                square mile of land area, based on the most 
                recent decennial census, subsection (g)(3) and 
                paragraphs (1) and (2) of this subsection do 
                not apply to a nonattainment or maintenance 
                area in the State if--
                          (i) the nonattainment or maintenance 
                        area does not have projects that are 
                        part of the emissions analysis of a 
                        metropolitan transportation plan or 
                        transportation improvement program; and
                          (ii) regional motor vehicle emissions 
                        are an insignificant contributor to the 
                        air quality problem for PM2.5 in the 
                        nonattainment or maintenance area.
                  (B) Calculation.--If subparagraph (A) applies 
                to a nonattainment or maintenance area in a 
                State, the percentage of the PM2.5 set aside 
                under paragraph (1) shall be reduced for that 
                State proportionately based on the weighted 
                population of the area in fine particulate 
                matter nonattainment.
  (l) Performance Plan.--
          (1) In general.--Each metropolitan planning 
        organization serving a transportation management area 
        (as defined in section 134) with a population over 
        1,000,000 people representing a nonattainment or 
        maintenance area shall develop a performance plan 
        that--
                  (A) includes an area baseline level for 
                traffic congestion and on-road mobile source 
                emissions for which the area is in 
                nonattainment or maintenance;
                  (B) describes progress made in achieving the 
                emission and congestion reduction performance 
                targets described in section 150(d); and
                  (C) includes a description of projects 
                identified for funding under this section and 
                how such projects will contribute to achieving 
                emission and traffic congestion reduction 
                targets.
          (2) Updated plans.--Performance plans shall be 
        updated biennially and include a separate report that 
        assesses the progress of the program of projects under 
        the previous plan in achieving the air quality and 
        traffic congestion targets of the previous plan.
  (m) Operating Assistance.--A State may obligate funds 
apportioned under section 104(b)(2) in an area of such State 
that is otherwise eligible for obligations of such funds for 
operating costs under chapter 53 of title 49 or on a system for 
which CMAQ funding was made available, obligated or expended in 
fiscal year 2012, and shall have no imposed time limitation.

Sec. 150. National goals and performance management measures

  (a) Declaration of Policy.--Performance management will 
transform the Federal-aid highway program and provide a means 
to the most efficient investment of Federal transportation 
funds by refocusing on national transportation goals, 
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking 
through performance-based planning and programming.
  (b) National Goals.--It is in the interest of the United 
States to focus the Federal-aid highway program on the 
following national goals:
          (1) Safety.--To achieve a significant reduction in 
        traffic fatalities and serious injuries on all public 
        roads.
          (2) Infrastructure condition.--To maintain the 
        highway infrastructure asset system in a state of good 
        repair.
          (3) Congestion reduction.--To achieve a significant 
        reduction in congestion on the National Highway System.
          (4) System reliability.--To improve the efficiency of 
        the surface transportation system.
          (5) Freight movement and economic vitality.--To 
        improve the national freight network, strengthen the 
        ability of rural communities to access national and 
        international trade markets, and support regional 
        economic development.
          (6) Environmental sustainability.--To enhance the 
        performance of the transportation system while 
        protecting and enhancing the natural environment.
          (7) Reduced project delivery delays.--To reduce 
        project costs, promote jobs and the economy, and 
        expedite the movement of people and goods by 
        accelerating project completion through eliminating 
        delays in the project development and delivery process, 
        including reducing regulatory burdens and improving 
        agencies' work practices.
          (8) Integrated economic development.--To improve road 
        conditions in economically distressed urban communities 
        and increase access to jobs, markets, and economic 
        opportunities for people who live in such communities.
  (c) Establishment of Performance Measures.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of the MAP-21, the Secretary, in 
        consultation with State departments of transportation, 
        metropolitan planning organizations, and other 
        stakeholders, shall promulgate a rulemaking that 
        establishes performance measures and standards.
          (2) Administration.--In carrying out paragraph (1), 
        the Secretary shall--
                  (A) provide States, metropolitan planning 
                organizations, and other stakeholders not less 
                than 90 days to comment on any regulation 
                proposed by the Secretary under that paragraph;
                  (B) take into consideration any comments 
                relating to a proposed regulation received 
                during that comment period; and
                  (C) limit performance measures only to those 
                described in this subsection.
          (3) National highway performance program.--
                  (A) In general.--Subject to subparagraph (B), 
                for the purpose of carrying out section 119, 
                the Secretary shall establish--
                          (i) minimum standards for States to 
                        use in developing and operating bridge 
                        and pavement management systems;
                          (ii) measures for States to use to 
                        assess--
                                  (I) the condition of 
                                pavements on the Interstate 
                                system;
                                  (II) the condition of 
                                pavements on the National 
                                Highway System (excluding the 
                                Interstate);
                                  (III) the condition of 
                                bridges on the National Highway 
                                System;
                                  (IV) the performance of the 
                                Interstate System; and
                                  (V) the performance of the 
                                National Highway System 
                                (excluding the Interstate 
                                System);
                          (iii) minimum levels for the 
                        condition of pavement on the Interstate 
                        System, only for the purposes of 
                        carrying out section 119(f)(1); and
                          (iv) the data elements that are 
                        necessary to collect and maintain 
                        standardized data to carry out a 
                        performance- based approach.
                  (B) Regions.--In establishing minimum 
                condition levels under subparagraph (A)(iii), 
                if the Secretary determines that various 
                geographic regions of the United States 
                experience disparate factors contributing to 
                the condition of pavement on the Interstate 
                System in those regions, the Secretary may 
                establish different minimum levels for each 
                region[;].
          (4) Highway safety improvement program.--For the 
        purpose of carrying out section 148, the Secretary 
        shall establish measures for States to use to assess--
                  (A) serious injuries and fatalities per 
                vehicle mile traveled; and
                  (B) the number of serious injuries and 
                fatalities.
          (5) Congestion mitigation and air quality program.--
        For the purpose of carrying out section 149, the 
        Secretary shall establish measures for States to use to 
        assess--
                  (A) traffic congestion; and
                  (B) on-road mobile source emissions.
          (6) National freight movement.--The Secretary shall 
        establish measures for States to use to assess freight 
        movement on the Interstate System.
          (7) Integrated economic development.--The Secretary 
        shall establish measures for States to use to assess 
        the conditions, accessibility, and reliability of roads 
        in economically distressed urban communities.
  (d) Establishment of Performance Targets.--
          (1) In general.--Not later than 1 year after the 
        Secretary has promulgated the final rulemaking under 
        subsection (c), each State shall set performance 
        targets that reflect the measures identified in 
        paragraphs (3), (4), (5), [and (6)] (6), and (7) of 
        subsection (c).
          (2) Different approaches for urban and rural areas.--
        In the development and implementation of any 
        performance target, a State may, as appropriate, 
        provide for different performance targets for urbanized 
        and rural areas.
  (e) Reporting on Performance Targets.--Not later than 4 years 
after the date of enactment of the MAP-21 and biennially 
thereafter, a State shall submit to the Secretary a report that 
describes--
          (1) the condition and performance of the National 
        Highway System in the State;
          (2) the effectiveness of the investment strategy 
        document in the State asset management plan for the 
        National Highway System;
          (3) progress in achieving performance targets 
        identified under subsection (d); and
          (4) the ways in which the State is addressing 
        congestion at freight bottlenecks, including those 
        identified in the National Freight Strategic Plan, 
        within the State.

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

  (a) In General.--Not later than 1 year after the date of 
enactment of the Surface Transportation Reauthorization and 
Reform Act of 2015, the Secretary shall designate national 
electric vehicle charging, hydrogen, and natural gas fueling 
corridors that identify the near- and long-term need for, and 
location of, electric vehicle charging infrastructure, hydrogen 
infrastructure, and natural gas fueling infrastructure at 
strategic locations along major national highways to improve 
the mobility of passenger and commercial vehicles that employ 
electric, hydrogen fuel cell, and natural gas fueling 
technologies across the United States.
  (b) Designation of Corridors.--In designating the corridors 
under subsection (a), the Secretary shall--
          (1) solicit nominations from State and local 
        officials for facilities to be included in the 
        corridors;
          (2) incorporate existing electric vehicle charging, 
        hydrogen fueling stations, and natural gas fueling 
        corridors designated by a State or group of States; and
          (3) consider the demand for, and location of, 
        existing electric vehicle charging, hydrogen fueling 
        stations, and natural gas fueling infrastructure.
  (c) Stakeholders.--In designating corridors under subsection 
(a), the Secretary shall involve, on a voluntary basis, 
stakeholders that include--
          (1) the heads of other Federal agencies;
          (2) State and local officials;
          (3) representatives of--
                  (A) energy utilities;
                  (B) the electric, fuel cell electric, and 
                natural gas vehicle industries;
                  (C) the freight and shipping industry;
                  (D) clean technology firms;
                  (E) the hospitality industry;
                  (F) the restaurant industry;
                  (G) highway rest stop vendors; and
                  (H) industrial gas and hydrogen 
                manufacturers; and
          (4) such other stakeholders as the Secretary 
        determines to be necessary.
  (d) Redesignation.--Not later than 5 years after the date of 
establishment of the corridors under subsection (a), and every 
5 years thereafter, the Secretary shall update and redesignate 
the corridors.
  (e) Report.--During designation and redesignation of the 
corridors under this section, the Secretary shall issue a 
report that--
          (1) identifies electric vehicle charging, hydrogen 
        infrastructure, and natural gas fueling infrastructure 
        and standardization needs for electricity providers, 
        industrial gas providers, natural gas providers, 
        infrastructure providers, vehicle manufacturers, 
        electricity purchasers, and natural gas purchasers; and
          (2) establishes an aspirational goal of achieving 
        strategic deployment of electric vehicle charging, 
        hydrogen infrastructure, and natural gas fueling 
        infrastructure in those corridors by the end of fiscal 
        year 2021.

           *       *       *       *       *       *       *


Sec. 154. Open container requirements

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Alcoholic beverage.--The term ``alcoholic 
        beverage'' has the meaning given the term in section 
        158(c).
          (2) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated exclusively on a 
        rail or rails.
          (3) Open alcoholic beverage container.--The term 
        ``open alcoholic beverage container'' means any bottle, 
        can, or other receptacle--
                  (A) that contains any amount of alcoholic 
                beverage; and
                  (B)(i) that is open or has a broken seal; or
                  (ii) the contents of which are partially 
                removed.
          (4) Passenger area.--The term ``passenger area'' 
        shall have the meaning given the term by the Secretary 
        by regulation.
  (b) Open Container Laws.--
          (1) In general.--For the purposes of this section, 
        each State shall have in effect a law that prohibits 
        the possession of any open alcoholic beverage 
        container, or the consumption of any alcoholic 
        beverage, in the passenger area of any motor vehicle 
        (including possession or consumption by the driver of 
        the vehicle) located on a public highway, or the right-
        of-way of a public highway, in the State.
          (2) Motor vehicles designed to transport many 
        passengers.--For the purposes of this section, if a 
        State has in effect a law that makes unlawful the 
        possession of any open alcoholic beverage container by 
        the driver (but not by a passenger)--
                  (A) in the passenger area of a motor vehicle 
                designed, maintained, or used primarily for the 
                transportation of persons for compensation; or
                  (B) in the living quarters of a house coach 
                or house trailer,
        the State shall be deemed to have in effect a law 
        described in this subsection with respect to such a 
        motor vehicle for each fiscal year during which the law 
        is in effect.
  (c) Transfer of Funds.--
          (1) Fiscal years 2001 and 2002.--On October 1, 2000, 
        and October 1, 2001, if a State has not enacted or is 
        not enforcing an open container law described in 
        subsection (b), the Secretary shall transfer an amount 
        equal to 1 1/2 percent of the funds apportioned to the 
        State on that date under each of paragraphs (1), (3), 
        and (4) of section 104(b) to the apportionment of the 
        State under section 402--
                  (A) to be used for alcohol-impaired driving 
                countermeasures; or
                  (B) to be directed to State and local law 
                enforcement agencies for enforcement of laws 
                prohibiting driving while intoxicated or 
                driving under the influence and other related 
                laws (including regulations), including the 
                purchase of equipment, the training of 
                officers, and the use of additional personnel 
                for specific alcohol-impaired driving 
                countermeasures, dedicated to enforcement of 
                the laws (including regulations).
          (2) Fiscal year 2012 and thereafter.--
                  (A) Reservation of funds.--On October 1, 
                2011, and each October 1 thereafter, if a State 
                has not enacted or is not enforcing an open 
                container law described in subsection (b), the 
                Secretary shall reserve an amount equal to 2.5 
                percent of the funds to be apportioned to the 
                State on that date under each of paragraphs (1) 
                and (2) of section 104(b) until the State 
                certifies to the Secretary the means by which 
                the State will use those reserved funds in 
                accordance with subparagraphs (A) and (B) of 
                paragraph (1) and paragraph (3).
                  (B) Transfer of funds.--As soon as 
                practicable after the date of receipt of a 
                certification from a State under subparagraph 
                (A), the Secretary shall--
                          (i) transfer the reserved funds 
                        identified by the State for use as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1) to the apportionment 
                        of the State under section 402; and
                          (ii) release the reserved funds 
                        identified by the State as described in 
                        paragraph (3).
          (3) Use for highway safety improvement program.--
                  (A) In general.--A State may elect to use all 
                or a portion of the funds [transferred] 
                reserved under paragraph (2) for activities 
                eligible under section 148.
                  (B) State departments of transportation.--If 
                the State makes an election under subparagraph 
                (A), the funds shall be transferred to the 
                department of transportation of the State, 
                which shall be responsible for the 
                administration of the funds.
          (4) Federal share.--The Federal share of the cost of 
        a project carried out with funds transferred under 
        paragraph (1) or (2), or used under paragraph (3), 
        shall be 100 percent.
          (5) Derivation of amount to be transferred.--The 
        amount to be transferred or released under paragraph 
        (2) may be derived from the following:
                  (A) The apportionment of the State [under 
                section 104(b)(l)] under section 104(b)(1).
                  (B) The apportionment of the State under 
                section 104(b)(2).
          (6) Transfer of obligation authority.--
                  (A) In general.--If the Secretary transfers 
                under this subsection any funds to the 
                apportionment of a State under section 402 for 
                a fiscal year, the Secretary shall transfer an 
                amount, determined under subparagraph (B), of 
                obligation authority distributed for the fiscal 
                year to the State for Federal-aid highways and 
                highway safety construction programs for 
                carrying out projects under section 402.
                  (B) Amount.--The amount of obligation 
                authority referred to in subparagraph (A) shall 
                be determined by multiplying--
                          (i) the amount of funds transferred 
                        under subparagraph (A) to the 
                        apportionment of the State under 
                        section 402 for the fiscal year, by
                          (ii) the ratio that--
                                  (I) the amount of obligation 
                                authority distributed for the 
                                fiscal year to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs, bears to
                                  (II) the total of the sums 
                                apportioned to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs (excluding sums not 
                                subject to any obligation 
                                limitation) for the fiscal 
                                year.
          (7) Limitation on applicability of obligation 
        limitation.--Notwithstanding any other provision of 
        law, no limitation on the total of obligations for 
        highway safety programs under section 402 shall apply 
        to funds transferred under this subsection to the 
        apportionment of a State under such section.

           *       *       *       *       *       *       *


Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Alcohol concentration.--The term ``alcohol 
        concentration'' means grams of alcohol per 100 
        milliliters of blood or grams of alcohol per 210 liters 
        of breath.
          (2) Driving while intoxicated; driving under the 
        influence.--The terms ``driving while intoxicated'' and 
        ``driving under the influence'' mean driving or being 
        in actual physical control of a motor vehicle while 
        having an alcohol concentration above the permitted 
        limit as established by each State.
          (3) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line or a commercial vehicle.
          (4) Repeat intoxicated driver law.--The term ``repeat 
        intoxicated driver law'' means a State law, or a 
        combination of State laws, that provides, as a minimum 
        penalty, that an individual convicted of a second or 
        subsequent offense for driving while intoxicated or 
        driving under the influence after a previous conviction 
        for that offense shall--
                  [(A) receive--
                          [(i) a suspension of all driving 
                        privileges for not less than 1 year; or
                          [(ii) a suspension of unlimited 
                        driving privileges for 1 year, allowing 
                        for the reinstatement of limited 
                        driving privileges subject to 
                        restrictions and limited exemptions as 
                        established by State law, if an 
                        ignition interlock device is installed 
                        for not less than 1 year on each of the 
                        motor vehicles owned or operated, or 
                        both, by the individual;]
                  (A) receive, for not less than 1 year--
                          (i) a suspension of all driving 
                        privileges;
                          (ii) a restriction on driving 
                        privileges that limits the individual 
                        to operating only motor vehicles with 
                        an ignition interlock system installed 
                        (allowing for limited exceptions for 
                        circumstances when the individual is 
                        required to operate an employer's motor 
                        vehicle in the course and scope of 
                        employment and the business entity that 
                        owns the vehicle is not owned or 
                        controlled by the individual); or
                          (iii) a combination of both clauses 
                        (i) and (ii);
                  (B) be subject to the impoundment or 
                immobilization of, or the installation of an 
                ignition interlock system on, each motor 
                vehicle owned or operated, or both, by the 
                individual;
                  (C) receive an assessment of the individual's 
                degree of abuse of alcohol and treatment as 
                appropriate; and
                  (D) receive--
                          (i) in the case of the second 
                        offense--
                                  (I) an assignment of not less 
                                than 30 days of community 
                                service; or
                                  (II) not less than 5 days of 
                                imprisonment; and
                          (ii) in the case of the third or 
                        subsequent offense--
                                  (I) an assignment of not less 
                                than 60 days of community 
                                service; or
                                  (II) not less than 10 days of 
                                imprisonment.
  (b) Transfer of Funds.--
          (1) Fiscal years 2001 and 2002.--On October 1, 2000, 
        and October 1, 2001, if a State has not enacted or is 
        not enforcing a repeat intoxicated driver law, the 
        Secretary shall transfer an amount equal to 1 1/2 
        percent of the funds apportioned to the State on that 
        date under each of paragraphs (1), (3), and (4) of 
        section 104(b) to the apportionment of the State under 
        section 402--
                  (A) to be used for alcohol-impaired driving 
                countermeasures; or
                  (B) to be directed to State and local law 
                enforcement agencies for enforcement of laws 
                prohibiting driving while intoxicated or 
                driving under the influence and other related 
                laws (including regulations), including the 
                purchase of equipment, the training of 
                officers, and the use of additional personnel 
                for specific alcohol-impaired driving 
                countermeasures, dedicated to enforcement of 
                the laws (including regulations).
          (2) Fiscal year 2012 and thereafter.--
                  (A) Reservation of funds.--On October 1, 
                2011, and each October 1 thereafter, if a State 
                has not enacted or is not enforcing a repeat 
                intoxicated driver law, the Secretary shall 
                reserve an amount equal to 2.5 percent of the 
                funds to be apportioned to the State on that 
                date under each of paragraphs (1) and (2) of 
                section 104(b) until the State certifies to the 
                Secretary the means by which the States will 
                use those reserved funds among the uses 
                authorized under subparagraphs (A) and (B) of 
                paragraph (1), and paragraph (3).
                  (B) Transfer of funds.--As soon as 
                practicable after the date of receipt of a 
                certification from a State under subparagraph 
                (A), the Secretary shall--
                          (i) transfer the reserved funds 
                        identified by the State for use as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1) to the apportionment 
                        of the State under section 402; and
                          (ii) release the reserved funds 
                        identified by the State as described in 
                        paragraph (3).
          (3) Use for highway safety improvement program.--
                  (A) In general.--A State may elect to use all 
                or a portion of the funds [transferred] 
                reserved under paragraph (2) for activities 
                eligible under section 148.
                  (B) State departments of transportation.--If 
                the State makes an election under subparagraph 
                (A), the funds shall be transferred to the 
                department of transportation of the State, 
                which shall be responsible for the 
                administration of the funds.
          (4) Federal share.--The Federal share of the cost of 
        a project carried out with funds transferred under 
        paragraph (1) or (2), or used under paragraph (3), 
        shall be 100 percent.
          (5) Derivation of amount to be transferred.--The 
        amount to be transferred or released under paragraph 
        (2) may be derived from the following:
                  (A) The apportionment of the State under 
                section 104(b)(1).
                  (B) The apportionment of the State under 
                section 104(b)(2).
          (6) Transfer of obligation authority.--
                  (A) In general.--If the Secretary transfers 
                under this subsection any funds to the 
                apportionment of a State under section 402 for 
                a fiscal year, the Secretary shall transfer an 
                amount, determined under subparagraph (B), of 
                obligation authority distributed for the fiscal 
                year to the State for Federal-aid highways and 
                highway safety construction programs for 
                carrying out projects under section 402.
                  (B) Amount.--The amount of obligation 
                authority referred to in subparagraph (A) shall 
                be determined by multiplying--
                          (i) the amount of funds transferred 
                        under subparagraph (A) to the 
                        apportionment of the State under 
                        section 402 for the fiscal year, by
                          (ii) the ratio that--
                                  (I) the amount of obligation 
                                authority distributed for the 
                                fiscal year to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs, bears to
                                  (II) the total of the sums 
                                apportioned to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs (excluding sums not 
                                subject to any obligation 
                                limitation) for the fiscal 
                                year.
          (7) Limitation on applicability of obligation 
        limitation.--Notwithstanding any other provision of 
        law, no limitation on the total of obligations for 
        highway safety programs under section 402 shall apply 
        to funds transferred under this subsection to the 
        apportionment of a State under such section.

Sec. 165. Territorial and Puerto Rico highway program

  (a) Division of Funds.--Of funds made available in a fiscal 
year for the territorial and Puerto Rico highway program--
          (1) [$150,000,000] $158,000,000 shall be for the 
        Puerto Rico highway program under subsection (b); and
          (2) [$40,000,000] $42,000,000 shall be for the 
        territorial highway program under subsection (c).
  (b) Puerto Rico Highway Program.--
          (1) In general.--The Secretary shall allocate funds 
        made available to carry out this subsection to the 
        Commonwealth of Puerto Rico to carry out a highway 
        program in the Commonwealth.
          (2) Treatment of funds.--Amounts made available to 
        carry out this subsection for a fiscal year shall be 
        administered as follows:
                  (A) Apportionment.--
                          (i) In general.--For the purpose of 
                        imposing any penalty under this title 
                        or title 49, the amounts shall be 
                        treated as being apportioned to Puerto 
                        Rico under sections 104(b) and 144 (as 
                        in effect for fiscal year 1997) for 
                        each program funded under those 
                        sections in an amount determined by 
                        multiplying--
                                  (I) the aggregate of the 
                                amounts for the fiscal year; by 
                                (II) the proportion that--
                                          (aa) the amount of 
                                        funds apportioned to 
                                        Puerto Rico for each 
                                        such program for fiscal 
                                        year 1997; bears to
                                          (bb) the total amount 
                                        of funds apportioned to 
                                        Puerto Rico for all 
                                        such programs for 
                                        fiscal year 1997.
                          (ii) Exception.--Funds identified 
                        under clause (i) as having been 
                        apportioned for the national highway 
                        system, the [surface transportation 
                        program] surface transportation block 
                        grant program, and the Interstate 
                        maintenance program shall be deemed to 
                        have been apportioned 50 percent for 
                        the national highway performance 
                        program and 50 percent for the [surface 
                        transportation program] surface 
                        transportation block grant program for 
                        purposes of imposing such penalties.
                  (B) Penalty.--The amounts treated as being 
                apportioned to Puerto Rico under each section 
                referred to in subparagraph (A) shall be deemed 
                to be required to be apportioned to Puerto Rico 
                under that section for purposes of the 
                imposition of any penalty under this title or 
                title 49.
                  (C) Eligible uses of funds.--Of amounts 
                allocated to Puerto Rico for the Puerto Rico 
                Highway Program for a fiscal year--
                          (i) at least 50 percent shall be 
                        available only for purposes eligible 
                        under section 119;
                          (ii) at least 25 percent shall be 
                        available only for purposes eligible 
                        under section 148; and
                          (iii) any remaining funds may be 
                        obligated for activities eligible under 
                        chapter 1.
          (3) Effect on apportionments.--Except as otherwise 
        specifically provided, Puerto Rico shall not be 
        eligible to receive funds apportioned to States under 
        this title.
  (c) Territorial Highway Program.--
          (1) Territory defined.--In this subsection, the term 
        ``territory'' means any of the following territories of 
        the United States:
                  (A) American Samoa.
                  (B) The Commonwealth of the Northern Mariana 
                Islands.
                  (C) Guam.
                  (D) The United States Virgin Islands.
          (2) Program.--
                  (A) In general.--Recognizing the mutual 
                benefits that will accrue to the territories 
                and the United States from the improvement of 
                highways in the territories, the Secretary may 
                carry out a program to assist each government 
                of a territory in the construction and 
                improvement of a system of arterial and 
                collector highways, and necessary inter-island 
                connectors, that is--
                          (i) designated by the Governor or 
                        chief executive officer of each 
                        territory; and
                          (ii) approved by the Secretary.
                  (B) Federal share.--The Federal share of 
                Federal financial assistance provided to 
                territories under this subsection shall be in 
                accordance with section 120(g).
          (3) Technical assistance.--
                  (A) In general.--To continue a long-range 
                highway development program, the Secretary may 
                provide technical assistance to the governments 
                of the territories to enable the territories, 
                on a continuing basis--
                          (i) to engage in highway planning;
                          (ii) to conduct environmental 
                        evaluations;
                          (iii) to administer right-of-way 
                        acquisition and relocation assistance 
                        programs; and
                          (iv) to design, construct, operate, 
                        and maintain a system of arterial and 
                        collector highways, including necessary 
                        inter-island connectors.
                  (B) Form and terms of assistance.--Technical 
                assistance provided under subparagraph (A), and 
                the terms for the sharing of information among 
                territories receiving the technical assistance, 
                shall be included in the agreement required by 
                paragraph (5).
          (4) Nonapplicability of certain provisions.--
                  (A) In general.--Except to the extent that 
                provisions of this chapter are determined by 
                the Secretary to be inconsistent with the needs 
                of the territories and the intent of this 
                subsection, this chapter (other than provisions 
                of this chapter relating to the apportionment 
                and allocation of funds) shall apply to funds 
                made available under this subsection.
                  (B) Applicable provisions.--The agreement 
                required by paragraph (5) for each territory 
                shall identify the sections of this chapter 
                that are applicable to that territory and the 
                extent of the applicability of those sections.
          (5) Agreement.--
                  (A) In general.--Except as provided in 
                subparagraph (D), none of the funds made 
                available under this subsection shall be 
                available for obligation or expenditure with 
                respect to any territory until the chief 
                executive officer of the territory has entered 
                into an agreement (including an agreement 
                entered into under section 215 as in effect on 
                the day before the enactment of this section) 
                with the Secretary providing that the 
                government of the territory shall--
                          (i) implement the program in 
                        accordance with applicable provisions 
                        of this chapter and paragraph (4);
                          (ii) design and construct a system of 
                        arterial and collector highways, 
                        including necessary inter-island 
                        connectors, in accordance with 
                        standards that are--
                                  (I) appropriate for each 
                                territory; and
                                  (II) approved by the 
                                Secretary;
                          (iii) provide for the maintenance of 
                        facilities constructed or operated 
                        under this subsection in a condition to 
                        adequately serve the needs of present 
                        and future traffic; and
                          (iv) implement standards for traffic 
                        operations and uniform traffic control 
                        devices that are approved by the 
                        Secretary.
                  (B) Technical assistance.--The agreement 
                required by subparagraph (A) shall--
                          (i) specify the kind of technical 
                        assistance to be provided under the 
                        program;
                          (ii) include appropriate provisions 
                        regarding information sharing among the 
                        territories; and
                          (iii) delineate the oversight role 
                        and responsibilities of the territories 
                        and the Secretary.
                  (C) Review and revision of agreement.--The 
                agreement entered into under subparagraph (A) 
                shall be reevaluated and, as necessary, 
                revised, at least every 2 years.
                  (D) Existing agreements.--With respect to an 
                agreement under this subsection or an agreement 
                entered into under section 215 of this title as 
                in effect on the day before the date of 
                enactment of this subsection--
                          (i) the agreement shall continue in 
                        force until replaced by an agreement 
                        entered into in accordance with 
                        subparagraph (A); and
                          (ii) amounts made available under 
                        this subsection under the existing 
                        agreement shall be available for 
                        obligation or expenditure so long as 
                        the agreement, or the existing 
                        agreement entered into under 
                        subparagraph (A), is in effect.
          (6) Eligible uses of funds.--
                  (A) In general.--Funds made available under 
                this subsection may be used only for the 
                following projects and activities carried out 
                in a territory:
                          (i) Eligible [surface transportation 
                        program] surface transportation block 
                        grant program projects described in 
                        section 133(b).
                          (ii) Cost-effective, preventive 
                        maintenance consistent with section 
                        116(e).
                          (iii) Ferry boats, terminal 
                        facilities, and approaches, in 
                        accordance with subsections (b) and (c) 
                        of section 129.
                          (iv) Engineering and economic surveys 
                        and investigations for the planning, 
                        and the financing, of future highway 
                        programs.
                          (v) Studies of the economy, safety, 
                        and convenience of highway use.
                          (vi) The regulation and equitable 
                        taxation of highway use.
                          (vii) Such research and development 
                        as are necessary in connection with the 
                        planning, design, and maintenance of 
                        the highway system.
                  (B) Prohibition on use of funds for routine 
                maintenance.--None of the funds made available 
                under this subsection shall be obligated or 
                expended for routine maintenance.
          (7) Location of projects.--Territorial highway 
        program projects (other than those described in 
        paragraphs (2), (4), (7), (8), (14), and (19) of 
        section 133(b)) may not be undertaken on roads 
        functionally classified as local.

Sec. 166. HOV facilities

  (a) In General.--
          (1)  [Authority of State agencies]  Authority of 
        public authorities._  A[State agency] public authority 
        that has jurisdiction over the operation of a HOV 
        facility shall establish the occupancy requirements of 
        vehicles operating on the facility.
          (2) Occupancy requirement.--Except as otherwise 
        provided by this section, no fewer than two occupants 
        per vehicle may be required for use of a HOV facility.
  (b) Exceptions.--
          (1) In general.--Notwithstanding the occupancy 
        requirement of subsection (a)(2), the exceptions in 
        paragraphs (2) through (5) shall apply with respect to 
        a [State agency] public authority operating a HOV 
        facility.
          (2) Motorcycles and bicycles.--
                  (A) In general.--Subject to subparagraph (B), 
                the [State agency] public authority shall allow 
                motorcycles and bicycles to use the HOV 
                facility.
                  (B) Safety exception.--
                          (i) In general.--A [State agency] 
                        public authority may restrict use of 
                        the HOV facility by motorcycles or 
                        bicycles (or both) if the agency 
                        certifies to the Secretary that such 
                        use would create a safety hazard and 
                        the Secretary accepts the 
                        certification.
                          (ii) Acceptance of certification.--
                        The Secretary may accept a 
                        certification under this subparagraph 
                        only after the Secretary publishes 
                        notice of the certification in the 
                        Federal Register and provides an 
                        opportunity for public comment.
          (3) Public transportation vehicles.--The [State 
        agency] public authority may allow public 
        transportation vehicles to use the HOV facility if the 
        agency--
                  (A) establishes requirements for clearly 
                identifying the vehicles; [and]
                  (B) establishes procedures for enforcing the 
                restrictions on the use of the facility by the 
                vehicles[.]; and
                  (C) provides equal access for all public 
                transportation vehicles and over-the-road 
                buses.
          (4) High occupancy toll vehicles.--The [State agency] 
        public authority may allow vehicles not otherwise 
        exempt pursuant to this subsection to use the HOV 
        facility if the operators of the vehicles pay a toll 
        charged by the agency for use of the facility and the 
        agency--
                  (A) establishes a program that addresses how 
                motorists can enroll and participate in the 
                toll program;
                  (B) develops, manages, and maintains a system 
                that will automatically collect the toll; and
                  (C) establishes policies and procedures to--
                          (i) manage the demand to use the 
                        facility by varying the toll amount 
                        that is charged; and
                          (ii) enforce violations of use of the 
                        facility.
          (5) Low emission and energy-efficient vehicles.--
                  (A) Inherently low emission vehicle.--Before 
                September 30, [2017] 2021, the [State agency] 
                public authority may allow vehicles that are 
                certified as inherently low-emission vehicles 
                pursuant to section 88.311-93 of title 40, Code 
                of Federal Regulations (or successor 
                regulations), and are labeled in accordance 
                with section 88.312-93 of such title (or 
                successor regulations), to use the HOV facility 
                if the agency establishes procedures for 
                enforcing the restrictions on the use of the 
                facility by the vehicles.
                  (B) Other low emission and energy-efficient 
                vehicles.--Before September 30, [2017] 2021, 
                the [State agency] public authority may allow 
                vehicles certified as low emission and energy-
                efficient vehicles under subsection (e), and 
                labeled in accordance with subsection (e), to 
                use the HOV facility if the operators of the 
                vehicles pay a toll charged by the agency for 
                use of the facility and the agency--
                          (i) establishes a program that 
                        addresses the selection of vehicles 
                        under this paragraph; and
                          (ii) establishes procedures for 
                        enforcing the restrictions on the use 
                        of the facility by the vehicles.
                  (C) Amount of tolls.--Under this paragraph, a 
                [State agency] public authority may charge no 
                toll or may charge a toll that is less than or 
                equal to tolls charged under paragraph (4).
  (c) Requirements Applicable to Tolls.--
          [(1) In general.--Tolls may be charged under 
        paragraphs (4) and (5) of subsection (b) 
        notwithstanding section 301 and, except as provided in 
        paragraphs (2) and (3), subject to the requirements of 
        section 129.
          [(2) HOV facilities on the interstate system.--
        Notwithstanding section 129, tolls may be charged under 
        paragraphs (4) and (5) of subsection (b) on a HOV 
        facility on the Interstate System.]
          (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.
          [(3)] (2) Toll revenue.--Toll revenue collected under 
        this section is subject to the requirements of section 
        129(a)(3).
          (3) Exemption from tolls.--In levying tolls on a 
        facility under this section, a public authority may 
        designate classes of vehicles that are exempt from the 
        tolls or charge different toll rates for different 
        classes of vehicles, if equal rates are charged for all 
        public transportation vehicles and over-the-road buses, 
        whether publicly or privately owned.
  (d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          (1) In general.--A [State agency] public authority 
        that allows vehicles to use a HOV facility under 
        paragraph (4) or (5) of subsection (b) shall submit to 
        the Secretary a report demonstrating that the facility 
        is not already degraded, and that the presence of the 
        vehicles will not cause the facility to become 
        degraded, and certify to the Secretary that the agency 
        will carry out the following responsibilities with 
        respect to the facility:
                  (A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and 
                reporting program for the facility that 
                provides for continuous monitoring, assessment, 
                and reporting on the impacts that the vehicles 
                may have on the operation of the facility and 
                adjacent highways and submitting to the 
                Secretary annual reports of those impacts.
                  (B) Establishing, managing, and supporting an 
                enforcement program that ensures that the 
                facility is being operated in accordance with 
                the requirements of this section.
                  (C) Limiting or discontinuing the use of the 
                facility by the vehicles whenever the operation 
                of the facility is degraded.
                  (D) Consultation of mpo.--If the facility is 
                on the Interstate System and located in a 
                metropolitan planning area established in 
                accordance with section 134, consulting with 
                the metropolitan planning organization for the 
                area concerning the placement and amount of 
                tolls on the facility.
                  [(D)] (E) Maintenance of operating 
                performance.--Not later than 180 days after the 
                date on which a facility is degraded pursuant 
                to the standard specified in paragraph (2), the 
                [State agency] public authority with 
                jurisdiction over the facility shall bring the 
                facility into compliance with the minimum 
                average operating speed performance standard 
                through changes to operation of the facility, 
                including--
                          (i) increasing the occupancy 
                        requirement for HOV lanes;
                          (ii) varying the toll charged to 
                        vehicles allowed under subsection (b) 
                        to reduce demand;
                          (iii) discontinuing allowing non-HOV 
                        vehicles to use HOV lanes under 
                        subsection (b); or
                          (iv) increasing the available 
                        capacity of the HOV facility.
                  [(E)] (F) Compliance.--If the [State] public 
                authority fails to bring a facility into 
                compliance under [subparagraph (D)] 
                subparagraph (E), the Secretary shall subject 
                the State to appropriate program sanctions 
                under section 1.36 of title 23, Code of Federal 
                Regulations (or successor regulations), until 
                the performance is no longer degraded.
          (2) Degraded facility.--
                  (A) Definition of minimum average operating 
                speed.--In this paragraph, the term ``minimum 
                average operating speed'' means--
                          (i) 45 miles per hour, in the case of 
                        a HOV facility with a speed limit of 50 
                        miles per hour or greater; and
                          (ii) not more than 10 miles per hour 
                        below the speed limit, in the case of a 
                        HOV facility with a speed limit of less 
                        than 50 miles per hour.
                  (B) Standard for determining degraded 
                facility.--For purposes of paragraph (1), the 
                operation of a HOV facility shall be considered 
                to be degraded if vehicles operating on the 
                facility are failing to maintain a minimum 
                average operating speed 90 percent of the time 
                over a consecutive 180-day period during 
                morning or evening weekday peak hour periods 
                (or both).
                  (C) Management of low emission and energy-
                efficient vehicles.--In managing the use of HOV 
                lanes by low emission and energy-efficient 
                vehicles that do not meet applicable occupancy 
                requirements, a [State agency] public authority 
                may increase the percentages described in 
                subsection (f)(3)(B)(i).
  (e) Certification of Low Emission and Energy-Efficient 
Vehicles.--Not later than 180 days after the date of enactment 
of this section, the Administrator of the Environmental 
Protection Agency shall--
          (1) issue a final rule establishing requirements for 
        certification of vehicles as low emission and energy-
        efficient vehicles for purposes of this section and 
        requirements for the labeling of the vehicles; and
          (2) establish guidelines and procedures for making 
        the vehicle comparisons and performance calculations 
        described in subsection (f)(3)(B), in accordance with 
        section 32908(b) of title 49.
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) Alternative fuel vehicle.--The term ``alternative 
        fuel vehicle'' means a vehicle that is operating on--
                  (A) methanol, denatured ethanol, or other 
                alcohols;
                  (B) a mixture containing at least 85 percent 
                of methanol, denatured ethanol, and other 
                alcohols by volume with gasoline or other 
                fuels;
                  (C) natural gas;
                  (D) liquefied petroleum gas;
                  (E) hydrogen;
                  (F) coal derived liquid fuels;
                  (G) fuels (except alcohol) derived from 
                biological materials;
                  (H) electricity (including electricity from 
                solar energy); or
                  (I) any other fuel that the Secretary 
                prescribes by regulation that is not 
                substantially petroleum and that would yield 
                substantial energy security and environmental 
                benefits, including fuels regulated under 
                section 490 of title 10, Code of Federal 
                Regulations (or successor regulations).
          (2) HOV facility.--The term ``HOV facility'' means a 
        high occupancy vehicle facility.
          (3) Low emission and energy-efficient vehicle.--The 
        term ``low emission and energy-efficient vehicle'' 
        means a vehicle that--
                  (A) has been certified by the Administrator 
                as meeting the Tier II emission level 
                established in regulations prescribed by the 
                Administrator under section 202(i) of the Clean 
                Air Act (42 U.S.C. 7521(i)) for that make and 
                model year vehicle; and
                  (B)(i) is certified by the Administrator of 
                the Environmental Protection Agency, in 
                consultation with the manufacturer, to have 
                achieved not less than a 50-percent increase in 
                city fuel economy or not less than a 25-percent 
                increase in combined city-highway fuel economy 
                (or such greater percentage of city or city-
                highway fuel economy as may be determined by a 
                State under subsection (d)(2)(C)) relative to a 
                comparable vehicle that is an internal 
                combustion gasoline fueled vehicle (other than 
                a vehicle that has propulsion energy from 
                onboard hybrid sources); or
                  (ii) is an alternative fuel vehicle.
          (4) Public transportation vehicle.--The term ``public 
        transportation vehicle'' means a vehicle that--
                  (A) provides designated public transportation 
                (as defined in section 221 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12141) 
                or provides public school transportation (to 
                and from public or private primary, secondary, 
                or tertiary schools); and
                  (B)(i) is owned or operated by a public 
                entity;
                  (ii) is operated under a contract with a 
                public entity; or
                  (iii) is operated pursuant to a license by 
                the Secretary or a [State agency] public 
                authority to provide motorbus or school vehicle 
                transportation services to the public.
          [(5) State agency.--
                  [(A) In general.--The term ``State agency'', 
                as used with respect to a HOV facility, means 
                an agency of a State or local government having 
                jurisdiction over the operation of the 
                facility.
                  [(B) Inclusion.--The term ``State agency'' 
                includes a State transportation department.]
          (5) Over-the-road bus.--The term ``over-the-road 
        bus'' means a vehicle as defined in section 301(5) of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12181(5)).
          (6) Public authority.--The term ``public authority'' 
        as used with respect to a HOV facility, means a State, 
        interstate compact of States, public entity designated 
        by a State, or local government having jurisdiction 
        over the operation of the facility.

[Sec. 167. National freight policy

  [(a) In General.--It is the policy of the United States to 
improve the condition and performance of the national freight 
network to ensure that the national freight network provides 
the foundation for the United States to compete in the global 
economy and achieve each goal described in subsection (b).
  [(b) Goals.--The goals of the national freight policy are--
          [(1) to invest in infrastructure improvements and to 
        implement operational improvements that--
                  [(A) strengthen the contribution of the 
                national freight network to the economic 
                competitiveness of the United States;
                  [(B) reduce congestion; and
                  [(C) increase productivity, particularly for 
                domestic industries and businesses that create 
                high-value jobs;
          [(2) to improve the safety, security, and resilience 
        of freight transportation;
          [(3) to improve the state of good repair of the 
        national freight network;
          [(4) to use advanced technology to improve the safety 
        and efficiency of the national freight network;
          [(5) to incorporate concepts of performance, 
        innovation, competition, and accountability into the 
        operation and maintenance of the national freight 
        network; and
          [(6) to improve the economic efficiency of the 
        national freight network.
          [(7) to reduce the environmental impacts of freight 
        movement on the national freight network;
  [(c) Establishment of a National Freight Network.--
          [(1) In general.--The Secretary shall establish a 
        national freight network in accordance with this 
        section to assist States in strategically directing 
        resources toward improved system performance for 
        efficient movement of freight on highways, including 
        national highway system, freight intermodal connectors 
        and aerotropolis transportation systems.
          [(2) Network components.--The national freight 
        network shall consist of--
                  [(A) the primary freight network, as 
                designated by the Secretary under subsection 
                (d) (referred to in this section as the 
                ``primary freight network'') as most critical 
                to the movement of freight;
                  [(B) the portions of the Interstate System 
                not designated as part of the primary freight 
                network; and
                  [(C) critical rural freight corridors 
                established under subsection (e).
  [(d) Designation of Primary Freight Network.--
          [(1) Initial designation of primary freight 
        network.--
                  [(A) Designation.--Not later than 1 year 
                after the date of enactment of this section, 
                the Secretary shall designate a primary freight 
                network--
                          [(i) based on an inventory of 
                        national freight volume conducted by 
                        the Administrator of the Federal 
                        Highway Administration, in consultation 
                        with stakeholders, including system 
                        users, transport providers, and States; 
                        and
                          [(ii) that shall be comprised of not 
                        more than 27,000 centerline miles of 
                        existing roadways that are most 
                        critical to the movement of freight.
                  [(B) Factors for designation.--In designating 
                the primary freight network, the Secretary 
                shall consider--
                          [(i) the origins and destinations of 
                        freight movement in the United States;
                          [(ii) the total freight tonnage and 
                        value of freight moved by highways;
                          [(iii) the percentage of annual 
                        average daily truck traffic in the 
                        annual average daily traffic on 
                        principal arterials;
                          [(iv) the annual average daily truck 
                        traffic on principal arterials;
                          [(v) land and maritime ports of 
                        entry;
                          [(vi) access to energy exploration, 
                        development, installation, or 
                        production areas;
                          [(vii) population centers; and
                          [(viii) network connectivity.
          [(2) Additional miles on primary freight network.--In 
        addition to the miles initially designated under 
        paragraph (1), the Secretary may increase the number of 
        miles designated as part of the primary freight network 
        by not more than 3,000 additional centerline miles of 
        roadways (which may include existing or planned roads) 
        critical to future efficient movement of goods on the 
        primary freight network.
          [(3) Redesignation of primary freight network.--
        Effective beginning 10 years after the designation of 
        the primary freight network and every 10 years 
        thereafter, using the designation factors described in 
        paragraph (1), the Secretary shall redesignate the 
        primary freight network (including additional mileage 
        described in paragraph (2)).
  [(e) Critical Rural Freight Corridors.--A State may designate 
a road within the borders of the State as a critical rural 
freight corridor if the road--
          [(1) is a rural principal arterial roadway and has a 
        minimum of 25 percent of the annual average daily 
        traffic of the road measured in passenger vehicle 
        equivalent units from trucks (FHWA vehicle class 8 to 
        13);
          [(2) provides access to energy exploration, 
        development, installation, or production areas;
          [(3) connects the primary freight network, a roadway 
        described in paragraph (1) or (2), or Interstate System 
        to facilities that handle more than--
                  [(A) 50,000 20-foot equivalent units per 
                year; or
                  [(B) 500,000 tons per year of bulk 
                commodities.
  [(f) National Freight Strategic Plan.--
          [(1) Initial development of national freight 
        strategic plan.--Not later than 3 years after the date 
        of enactment of this section, the Secretary shall, in 
        consultation with State departments of transportation 
        and other appropriate public and private transportation 
        stakeholders, develop and post on the Department of 
        Transportation public website a national freight 
        strategic plan that shall include--
                  [(A) an assessment of the condition and 
                performance of the national freight network;
                  [(B) an identification of highway bottlenecks 
                on the national freight network that create 
                significant freight congestion problems, based 
                on a quantitative methodology developed by the 
                Secretary, which shall, at a minimum, include--
                          [(i) information from the Freight 
                        Analysis Network of the Federal Highway 
                        Administration; and
                          [(ii) to the maximum extent 
                        practicable, an estimate of the cost of 
                        addressing each bottleneck and any 
                        operational improvements that could be 
                        implemented;
                  [(C) forecasts of freight volumes for the 20-
                year period beginning in the year during which 
                the plan is issued;
                  [(D) an identification of major trade 
                gateways and national freight corridors that 
                connect major population centers, trade 
                gateways, and other major freight generators 
                for current and forecasted traffic and freight 
                volumes, the identification of which shall be 
                revised, as appropriate, in subsequent plans;
                  [(E) an assessment of statutory, regulatory, 
                technological, institutional, financial, and 
                other barriers to improved freight 
                transportation performance (including 
                opportunities for overcoming the barriers);
                  [(F) an identification of routes providing 
                access to energy exploration, development, 
                installation, or production areas;
                  [(G) best practices for improving the 
                performance of the national freight network;
                  [(H) best practices to mitigate the impacts 
                of freight movement on communities;
                  [(I) a process for addressing multistate 
                projects and encouraging jurisdictions to 
                collaborate; and
                  [(J) strategies to improve freight intermodal 
                connectivity.
          [(2) Updates to national freight strategic plan.--Not 
        later than 5 years after the date of completion of the 
        first national freight strategic plan under paragraph 
        (1), and every 5 years thereafter, the Secretary shall 
        update and repost on the Department of Transportation 
        public website a revised national freight strategic 
        plan.
  [(g) Freight Transportation Conditions and Performance 
Reports.--Not later than 2 years after the date of enactment of 
this section, and biennially thereafter, the Secretary shall 
prepare a report that contains a description of the conditions 
and performance of the national freight network in the United 
States.
  [(h) Transportation Investment Data and Planning Tools.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Secretary 
        shall--
                  [(A) begin development of new tools and 
                improvement of existing tools or improve 
                existing tools to support an outcome-oriented, 
                performance-based approach to evaluate proposed 
                freight-related and other transportation 
                projects, including--
                          [(i) methodologies for systematic 
                        analysis of benefits and costs;
                          [(ii) tools for ensuring that the 
                        evaluation of freight-related and other 
                        transportation projects could consider 
                        safety, economic competitiveness, 
                        environmental sustainability, and 
                        system condition in the project 
                        selection process; and
                          [(iii) other elements to assist in 
                        effective transportation planning;
                  [(B) identify transportation-related model 
                data elements to support a broad range of 
                evaluation methods and techniques to assist in 
                making transportation investment decisions; and
                  [(C) 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.
          [(2) Consultation.--The Secretary shall consult with 
        Federal, State, and other stakeholders to develop, 
        improve, and implement the tools and collect the data 
        in paragraph (1).
  [(i) Definition of Aerotropolis Transportation System.--In 
this section, the term ``aerotropolis transportation system'' 
means a planned and coordinated multimodal freight and 
passenger transportation network that, as determined by the 
Secretary, provides efficient, cost- effective, sustainable, 
and intermodal connectivity to a defined region of economic 
significance centered around a major airport.]

Sec. 167. National highway freight policy

  (a) In General.--It is the policy of the United States to 
improve the condition and performance of the National Highway 
Freight Network established under this section to ensure that 
the Network provides a foundation for the United States to 
compete in the global economy and achieve the goals described 
in subsection (b).
  (b) Goals.--The goals of the national highway freight policy 
are--
          (1) to invest in infrastructure improvements and to 
        implement operational improvements that--
                  (A) strengthen the contribution of the 
                National Highway Freight Network to the 
                economic competitiveness of the United States;
                  (B) reduce congestion and bottlenecks on the 
                National Highway Freight Network; and
                  (C) increase productivity, particularly for 
                domestic industries and businesses that create 
                high-value jobs;
          (2) to improve the safety, security, and resilience 
        of highway freight transportation;
          (3) to improve the state of good repair of the 
        National Highway Freight Network;
          (4) to use innovation and advanced technology to 
        improve the safety, efficiency, and reliability of the 
        National Highway Freight Network;
          (5) to improve the economic efficiency of the 
        National Highway Freight Network;
          (6) to improve the short and long distance movement 
        of goods that--
                  (A) travel across rural areas between 
                population centers; and
                  (B) travel between rural areas and population 
                centers;
          (7) to improve the flexibility of States to support 
        multi-State corridor planning and the creation of 
        multi-State organizations to increase the ability of 
        States to address highway freight connectivity; and
          (8) to reduce the environmental impacts of freight 
        movement on the National Highway Freight Network.
  (c) Establishment of National Highway Freight Network.--
          (1) In general.--The Secretary shall establish a 
        National Highway Freight Network in accordance with 
        this section to strategically direct Federal resources 
        and policies toward improved performance of the 
        Network.
          (2) Network components.--The National Highway Freight 
        Network shall consist of--
                  (A) the Interstate System;
                  (B) non-Interstate highway segments on the 
                41,000-mile comprehensive primary freight 
                network developed by the Secretary under 
                section 167(d) as in effect on the day before 
                the date of enactment of the Surface 
                Transportation Reauthorization and Reform Act 
                of 2015; and
                  (C) additional non-Interstate highway 
                segments designated by the States under 
                subsection (d).
  (d) State Additions to Network.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Surface Transportation 
        Reauthorization and Reform Act of 2015, each State, in 
        consultation with the State freight advisory committee, 
        may increase the number of miles designated as part of 
        the National Highway Freight Network by not more than 
        10 percent of the miles designated in that State under 
        subparagraphs (A) and (B) of subsection (c)(2) if the 
        additional miles--
                  (A) close gaps between segments of the 
                National Highway Freight Network;
                  (B) establish connections from the National 
                Highway Freight Network to critical facilities 
                for the efficient movement of freight, 
                including ports, freight railroads, 
                international border crossings, airports, 
                intermodal facilities, warehouse and logistics 
                centers, and agricultural facilities; or
                  (C) are part of critical emerging freight 
                corridors or critical commerce corridors.
          (2) Submission.--Each State shall--
                  (A) submit to the Secretary a list of the 
                additional miles added under this subsection; 
                and
                  (B) certify that the additional miles meet 
                the requirements of paragraph (1).
  (e) Redesignation.--
          (1) Redesignation by secretary.--
                  (A) In general.--Effective beginning 5 years 
                after the date of enactment of the Surface 
                Transportation Reauthorization and Reform Act 
                of 2015, and every 5 years thereafter, the 
                Secretary shall redesignate the highway 
                segments designated by the Secretary under 
                subsection (c)(2)(B) that are on the National 
                Highway Freight Network.
                  (B) Considerations.--In redesignating highway 
                segments under subparagraph (A), the Secretary 
                shall consider--
                          (i) changes in the origins and 
                        destinations of freight movements in 
                        the United States;
                          (ii) changes in the percentage of 
                        annual average daily truck traffic in 
                        the annual average daily traffic on 
                        principal arterials;
                          (iii) changes in the location of key 
                        facilities;
                          (iv) critical emerging freight 
                        corridors; and
                          (v) network connectivity.
                  (C) Limitation.--Each redesignation under 
                subparagraph (A) may increase the mileage on 
                the National Highway Freight Network designated 
                by the Secretary by not more than 3 percent.
          (2) Redesignation by states.--
                  (A) In general.--Effective beginning 5 years 
                after the date of enactment of the Surface 
                Transportation Reauthorization and Reform Act 
                of 2015, and every 5 years thereafter, each 
                State may, in consultation with the State 
                freight advisory committee, redesignate the 
                highway segments designated by the State under 
                subsection (c)(2)(C) that are on the National 
                Highway Freight Network.
                  (B) Considerations.--In redesignating highway 
                segments under subparagraph (A), the State 
                shall consider--
                          (i) gaps between segments of the 
                        National Highway Freight Network;
                          (ii) needed connections from the 
                        National Highway Freight Network to 
                        critical facilities for the efficient 
                        movement of freight, including ports, 
                        freight railroads, international border 
                        crossings, airports, intermodal 
                        facilities, warehouse and logistics 
                        centers, and agricultural facilities; 
                        and
                          (iii) critical emerging freight 
                        corridors or critical commerce 
                        corridors.
                  (C) Limitation.--Each redesignation under 
                subparagraph (A) may increase the mileage on 
                the National Highway Freight Network designated 
                by the State by not more than 3 percent.
                  (D) Resubmission.--Each State, under the 
                advisement of the State freight advisory 
                committee, shall--
                          (i) submit to the Secretary a list of 
                        the miles redesignated under this 
                        paragraph; and
                          (ii) certify that the redesignated 
                        miles meet the requirements of 
                        subsection (d)(1).

Sec. 168. Integration of planning and environmental review

  (a) Definitions.--In this section, the following definitions 
apply:
          [(1) Environmental review process.--The term 
        ``environmental review process'' means the process for 
        preparing for a project an environmental impact 
        statement, environmental assessment, categorical 
        exclusion, or other document prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
          [(2) Planning product.--The term ``planning product'' 
        means a detailed and timely decision, analysis, study, 
        or other documented information that--
                  [(A) is the result of an evaluation or 
                decisionmaking process carried out during 
                transportation planning, including a detailed 
                corridor plan or a transportation plan 
                developed under section 134 that fully analyzes 
                impacts on mobility, adjacent communities, and 
                the environment;
                  [(B) is intended to be carried into the 
                transportation project development process; and
                  [(C) has been approved by the State, all 
                local and tribal governments where the project 
                is located, and by any relevant metropolitan 
                planning organization.]
          (1) Environmental review process.--The term 
        ``environmental review process'' has the meaning given 
        that term in section 139(a).
          (2) Lead agency.--The term ``lead agency'' has the 
        meaning given that 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 section 135, 
        respectively.
          [(3)] (4) Project.--The term ``project'' has the 
        meaning given the term in section 139(a).
          [(4)] (5) Project sponsor.--The term ``project 
        sponsor'' has the meaning given the term in section 
        139(a).
  (b) Adoption or Incorporation by Reference of Planning 
Products for Use in NEPA Proceedings.--
          (1) In general.--Subject to the conditions set forth 
        in subsection (d), [the Federal lead agency for a 
        project may adopt] and to the maximum extent 
        practicable and appropriate, the lead agency for a 
        project 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.
          [(2) Identification.--When the Federal lead agency 
        makes a determination to adopt and use a planning 
        product, the Federal lead agency shall identify those 
        agencies that participated in the development of the 
        planning products.
          [(3) Partial adoption of planning products.--The 
        Federal lead agency may adopt a planning product under 
        paragraph (1) in its entirety or may select portions 
        for adoption.]
          (2) Partial adoption or incorporation by reference of 
        planning products.--The lead agency may adopt or 
        incorporate by reference a planning product under 
        paragraph (1) in its entirety or may select portions 
        for adoption or incorporation by reference.
          [(4)] (3) Timing.--A determination under paragraph 
        (1) with respect to the adoption or incorporation by 
        reference of a planning product may be made at the time 
        the lead agencies decide the appropriate scope of 
        environmental review for the project but may also occur 
        later in the environmental review process, as 
        appropriate.
  (c) Applicability.--
          (1) Planning decisions.--Planning decisions that may 
        be [adopted] adopted or incorporated by reference by 
        the lead agency pursuant to this section include--
                  [(A) whether tolling, private financial 
                assistance, or other special financial measures 
                are necessary to implement the project;]
                  (A) the project purpose and need;
                  (B) the preliminary screening of alternatives 
                and elimination of unreasonable alternatives;
                  [(B)] (C) a decision with respect to modal 
                choice and general travel corridor, including a 
                decision to implement corridor or subarea study 
                recommendations to advance different modal 
                solutions as separate projects with independent 
                utility;
                  [(C)] (D) a basic description of the 
                environmental setting;
                  [(D)] (E) a decision with respect to 
                methodologies for analysis; [and]
                  [(E)] (F) an identification of programmatic 
                level mitigation for [potential impacts that 
                the Federal lead agency, in consultation with 
                Federal, State, local, and tribal resource 
                agencies,] potential impacts of a project, 
                including a programmatic mitigation plan 
                developed in accordance with section 169, that 
                the lead agency determines are most effectively 
                addressed at a regional or national program 
                level, including--
                          (i) system-level measures to avoid, 
                        minimize, or mitigate impacts of 
                        proposed transportation investments on 
                        environmental resources, including 
                        regional ecosystem and water resources; 
                        and
                          (ii) potential mitigation activities, 
                        locations, and investments[.]; and
                  (G) whether tolling, private financial 
                assistance, or other special financial measures 
                are necessary to implement the project.
          (2) Planning analyses.--Planning analyses that may be 
        [adopted] adopted or incorporated by reference by the 
        lead agency pursuant to this section include studies 
        with respect to--
                  (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[, 
                identified as a result of a statewide or 
                regional cumulative effects assessment]; and
                  (H) mitigation needs for a [proposed action] 
                proposed project, or for programmatic level 
                mitigation, for potential effects that the 
                [Federal lead agency] lead agency determines 
                are most effectively addressed at a regional or 
                national program level.
  (d) Conditions.--[Adoption and use of a planning product 
under this section is subject to a determination by the Federal 
lead agency, with the concurrence of other participating 
agencies with relevant expertise and project sponsors as 
appropriate, and with an opportunity for public notice and 
comment and consideration of those comments by the Federal lead 
agency, that] The lead agency in the environmental review 
process may adopt or incorporate by reference and use a 
planning product under this section if the lead agency 
determines that 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 [by engaging 
        in active consultation] 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) During the planning process, notice was provided 
        through publication or other means to Federal, State, 
        local, and tribal governments that might have an 
        interest in the proposed project, and to members of the 
        general public, of the planning products that the 
        planning process might produce and that might be relied 
        on during any subsequent environmental review process, 
        and such entities have been provided an appropriate 
        opportunity to participate in the planning process 
        leading to such planning product.
          [(5) After initiation of the environmental review 
        process, but prior to determining whether to rely on 
        and use the planning product, the lead Federal agency 
        has made documentation relating to the planning product 
        available to Federal, State, local, and tribal 
        governments that may have an interest in the proposed 
        action, and to members of the general public, and has 
        considered any resulting comments.]
          (4) The planning process included public notice that 
        the planning products may be adopted or incorporated by 
        reference during a subsequent environmental review 
        process in accordance with this section.
          (5) During the environmental review process, but 
        prior to determining whether to rely on and use the 
        planning product, the lead agency has--
                  (A) made the planning documents available for 
                review and comment by members of the general 
                public and Federal, State, local, and tribal 
                governments that may have an interest in the 
                proposed action;
                  (B) provided notice of the lead agency's 
                intent to adopt the planning product or 
                incorporate the planning product by reference; 
                and
                  (C) considered any resulting comments.
          (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 
        sufficient to meet the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          (10) The planning product was approved [not later 
        than 5 years prior to date on which the information is 
        adopted] within the 5-year period ending on the date on 
        which the information is adopted or incorporated by 
        reference pursuant to this section.
  (e) Effect of Adoption or Incorporation by Reference.--Any 
planning product [adopted by the Federal lead agency] adopted 
or incorporated by reference by the lead agency in accordance 
with this section may be incorporated directly into an 
environmental review process document or other environmental 
document and may be relied upon and used by other Federal 
agencies in carrying out reviews of the project.
  (f) Rules of Construction.--
          (1) In general.--This section shall not be construed 
        to 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 shall not be 
        construed to affect the use of planning products in the 
        environmental review process pursuant to other 
        authorities under any other provision of law or to 
        restrict the initiation of the environmental review 
        process during planning.

Sec. 169. Development of programmatic mitigation plans

  (a) In General.--As part of the statewide or metropolitan 
transportation planning process, a State or metropolitan 
planning organization may develop 1 or more programmatic 
mitigation plans to address the potential environmental impacts 
of future transportation projects.
  (b) Scope.--
          (1) Scale.--A programmatic mitigation plan may be 
        developed on a regional, ecosystem, watershed, or 
        statewide scale.
          (2) Resources.--The plan may encompass multiple 
        environmental resources within a defined geographic 
        area or may focus on a specific resource, such as 
        aquatic resources, parkland, or wildlife habitat.
          (3) Project impacts.--The plan may address impacts 
        from all projects in a defined geographic area or may 
        focus on a specific type of project.
          (4) Consultation.--The scope of the plan shall be 
        determined by the State or metropolitan planning 
        organization, as appropriate, in consultation with the 
        agency or agencies with jurisdiction over the resources 
        being addressed in the mitigation plan.
  (c) Contents.--A programmatic mitigation plan may include--
          (1) an assessment of the condition of environmental 
        resources in the geographic area covered by the plan, 
        including an assessment of recent trends and any 
        potential threats to those resources;
          (2) an assessment of potential opportunities to 
        improve the overall quality of environmental resources 
        in the geographic area covered by the plan, through 
        strategic mitigation for impacts of transportation 
        projects;
          (3) standard measures for mitigating certain types of 
        impacts;
          (4) parameters for determining appropriate mitigation 
        for certain types of impacts, such as mitigation ratios 
        or criteria for determining appropriate mitigation 
        sites;
          (5) adaptive management procedures, such as protocols 
        that involve monitoring predicted impacts over time and 
        adjusting mitigation measures in response to 
        information gathered through the monitoring; and
          (6) acknowledgment of specific statutory or 
        regulatory requirements that must be satisfied when 
        determining appropriate mitigation for certain types of 
        resources.
  (d) Process.--Before adopting a programmatic mitigation plan, 
a State or metropolitan planning organization shall--
          (1) consult with each agency with jurisdiction over 
        the environmental resources considered in the 
        programmatic mitigation plan;
          (2) make a draft of the plan available for review and 
        comment by applicable environmental resource agencies 
        and the public;
          (3) consider any comments received from such agencies 
        and the public on the draft plan; and
          (4) address such comments in the final plan.
  (e) Integration With Other Plans.--A programmatic mitigation 
plan may be integrated with other plans, including watershed 
plans, ecosystem plans, species recovery plans, growth 
management plans, and land use plans.
  (f) Consideration in Project Development and Permitting.--If 
a programmatic mitigation plan has been developed pursuant to 
this section, any Federal agency responsible for environmental 
reviews, permits, or approvals for a transportation project 
[may use] shall give substantial weight to the recommendations 
in a programmatic mitigation plan when carrying out the 
responsibilities under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
  (g) Preservation of Existing Authorities.--Nothing in this 
section limits the use of programmatic approaches to reviews 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).

           *       *       *       *       *       *       *


                       CHAPTER 2--OTHER HIGHWAYS

Sec.
201. Federal lands and tribal transportation programs.
     * * * * * * *
207. Tribal transportation self-governance program.
     * * * * * * *
[213. Transportation alternatives]
     * * * * * * *

Sec. 201. Federal lands and tribal transportation programs

  (a) Purpose.--Recognizing the need for all public Federal and 
tribal transportation facilities to be treated under uniform 
policies similar to the policies that apply to Federal-aid 
highways and other public transportation facilities, the 
Secretary of Transportation, in collaboration with the 
Secretaries of the appropriate Federal land management 
agencies, shall coordinate a uniform policy for all public 
Federal and tribal transportation facilities that shall apply 
to Federal lands transportation facilities, tribal 
transportation facilities, and Federal lands access 
transportation facilities.
  (b) Availability of Funds.--
          (1) Availability.--Funds authorized for the tribal 
        transportation program, the Federal lands 
        transportation program, and the Federal lands access 
        program shall be available for contract upon 
        apportionment, or on October 1 of the fiscal year for 
        which the funds were authorized if no apportionment is 
        required.
          (2) Amount remaining.--Any amount remaining 
        unexpended for a period of 3 years after the close of 
        the fiscal year for which the funds were authorized 
        shall lapse.
          (3) Obligations.--The Secretary of the department 
        responsible for the administration of funds under this 
        subsection may incur obligations, approve projects, and 
        enter into contracts under such authorizations, which 
        shall be considered to be contractual obligations of 
        the United States for the payment of the cost thereof, 
        the funds of which shall be considered to have been 
        expended when obligated.
          (4) Expenditure.--
                  (A) In general.--Any funds authorized for any 
                fiscal year after the date of enactment of this 
                section under the Federal lands transportation 
                program, the Federal lands access program, and 
                the tribal transportation program shall be 
                considered to have been expended if a sum equal 
                to the total of the sums authorized for the 
                fiscal year and previous fiscal years have been 
                obligated.
                  (B) Credited funds.--Any funds described in 
                subparagraph (A) that are released by payment 
                of final voucher or modification of project 
                authorizations shall be--
                          (i) credited to the balance of 
                        unobligated authorizations; and
                          (ii) immediately available for 
                        expenditure.
          (5) Applicability.--This section shall not apply to 
        funds authorized before the date of enactment of this 
        paragraph.
          (6) Contractual obligation.--
                  (A) In general.--Notwithstanding any other 
                provision of law (including regulations), the 
                authorization by the Secretary, or the 
                Secretary of the appropriate Federal land 
                management agency if the agency is the 
                contracting office, of engineering and related 
                work for the development, design, and 
                acquisition associated with a construction 
                project, whether performed by contract or 
                agreement authorized by law, or the approval by 
                the Secretary of plans, specifications, and 
                estimates for construction of a project, shall 
                be considered to constitute a contractual 
                obligation of the Federal Government to pay the 
                total eligible cost of--
                          (i) any project funded under this 
                        title; and
                          (ii) any project funded pursuant to 
                        agreements authorized by this title or 
                        any other title.
                  (B) Effect.--Nothing in this paragraph--
                          (i) affects the application of the 
                        Federal share associated with the 
                        project being undertaken under this 
                        section; or
                          (ii) modifies the point of obligation 
                        associated with Federal salaries and 
                        expenses.
          (7) Federal share.--
                  (A) Tribal and Federal lands transportation 
                program.--The Federal share of the cost of a 
                project carried out under the Federal lands 
                transportation program or the tribal 
                transportation program shall be 100 percent.
                  (B) Federal lands access program.--The 
                Federal share of the cost of a project carried 
                out under the Federal lands access program 
                shall be determined in accordance with section 
                120.
  (c) Transportation Planning.--
          (1) Transportation planning procedures.--In 
        consultation with the Secretary of each appropriate 
        Federal land management agency, the Secretary shall 
        implement transportation planning procedures for 
        Federal lands and tribal transportation facilities that 
        are consistent with the planning processes required 
        under sections 134 and 135.
          (2) Approval of transportation improvement program.--
        The transportation improvement program developed as a 
        part of the transportation planning process under this 
        section shall be approved by the Secretary.
          (3) Inclusion in other plans.--Each regionally 
        significant tribal transportation program, Federal 
        lands transportation program, and Federal lands access 
        program project shall be--
                  (A) developed in cooperation with State and 
                metropolitan planning organizations; and
                  (B) included in appropriate tribal 
                transportation program plans, Federal lands 
                transportation program plans, Federal lands 
                access program plans, State and metropolitan 
                plans, and transportation improvement programs.
          (4) Inclusion in State programs.--The approved tribal 
        transportation program, Federal lands transportation 
        program, and Federal lands access program 
        transportation improvement programs shall be included 
        in appropriate State and metropolitan planning 
        organization plans and programs without further action 
        on the transportation improvement program.
          (5) Asset management.--The Secretary and the 
        Secretary of each appropriate Federal land management 
        agency shall, to the extent appropriate, implement 
        safety, bridge, pavement, and congestion management 
        systems for facilities funded under the tribal 
        transportation program and the Federal lands 
        transportation program in support of asset management.
          (6) Data collection.--
                  (A) Data collection.--The Secretaries of the 
                appropriate Federal land management agencies 
                shall collect and report data necessary to 
                implement the Federal lands transportation 
                program, the Federal lands access program, and 
                the tribal transportation program in accordance 
                with the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et 
                seq.), including--
                          (i) inventory and condition 
                        information on Federal lands 
                        transportation facilities and tribal 
                        transportation facilities; and
                          (ii) bridge inspection and inventory 
                        information on any Federal bridge open 
                        to the public.
                  (B) Standards.--The Secretary, in 
                coordination with the Secretaries of the 
                appropriate Federal land management agencies, 
                shall define the collection and reporting data 
                standards.
                  (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).
          (7) Administrative expenses.--To implement the 
        activities described in this subsection, including 
        direct support of transportation planning activities 
        among Federal land management agencies, the Secretary 
        may use not more than 5 percent for each fiscal year of 
        the funds authorized for programs under sections 203 
        and 204.
  (d) Reimbursable Agreements.--In carrying out work under 
reimbursable agreements with any State, local, or tribal 
government under this title, the Secretary--
          (1) may, without regard to any other provision of law 
        (including regulations), record obligations against 
        accounts receivable from the entity; and
          (2) shall credit amounts received from the entity to 
        the appropriate account, which shall occur not later 
        than 90 days after the date of the original request by 
        the Secretary for payment.
  (e) Transfers.--
          (1) In general.--To enable the efficient use of funds 
        made available for the Federal lands transportation 
        program and the Federal lands access program, the funds 
        may be transferred by the Secretary within and between 
        each program with the concurrence of, as appropriate--
                  (A) the Secretary;
                  (B) the affected Secretaries of the 
                respective Federal land management agencies;
                  (C) State departments of transportation; and
                  (D) local government agencies.
          (2) Credit.--The funds described in paragraph (1) 
        shall be credited back to the loaning entity with funds 
        that are currently available for obligation at the time 
        of the credit.

Sec. 202. Tribal transportation program

  (a) Use of Funds.--
          (1) In general.--Funds made available under the 
        tribal transportation program shall be used by the 
        Secretary of Transportation and the Secretary of the 
        Interior to pay the costs of--
                  (A)(i) transportation planning, research, 
                maintenance, engineering, rehabilitation, 
                restoration, construction, and reconstruction 
                of tribal transportation facilities;
                  (ii) adjacent vehicular parking areas;
                  (iii) interpretive signage;
                  (iv) acquisition of necessary scenic 
                easements and scenic or historic sites;
                  (v) provisions for pedestrians and bicycles;
                  (vi) environmental mitigation in or adjacent 
                to tribal land--
                          (I) to improve public safety and 
                        reduce vehicle- caused wildlife 
                        mortality while maintaining habitat 
                        connectivity; and
                          (II) to mitigate the damage to 
                        wildlife, aquatic organism passage, 
                        habitat, and ecosystem connectivity, 
                        including the costs of constructing, 
                        maintaining, replacing, or removing 
                        culverts and bridges, as appropriate;
                  (vii) construction and reconstruction of 
                roadside rest areas, including sanitary and 
                water facilities; and
                  (viii) other appropriate public road 
                facilities as determined by the Secretary;
                  (B) operation and maintenance of transit 
                programs and facilities that are located on, or 
                provide access to, tribal land, or are 
                administered by a tribal government; and
                  (C) any transportation project eligible for 
                assistance under this title that is located 
                within, or that provides access to, tribal 
                land, or is associated with a tribal 
                government.
          (2) Contract.--In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the Interior may enter into a contract or 
        other appropriate agreement with respect to the 
        activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (3) Indian labor.--Indian labor may be employed, in 
        accordance with such rules and regulations as may be 
        promulgated by the Secretary of the Interior, to carry 
        out any construction or other activity described in 
        paragraph (1).
          (4) Federal employment.--No maximum limitation on 
        Federal employment shall be applicable to the 
        construction or improvement of tribal transportation 
        facilities.
          (5) Funds for construction and improvement.--All 
        funds made available for the construction and 
        improvement of tribal transportation facilities shall 
        be administered in conformity with regulations and 
        agreements jointly approved by the Secretary and the 
        Secretary of the Interior.
          (6) Administrative expenses.--Of the funds authorized 
        to be appropriated for the tribal transportation 
        program, not more than [6 percent] 5 percent may be 
        used by the Secretary or the Secretary of the Interior 
        for program management and oversight and project-
        related administrative expenses.
          (7) Tribal technical assistance centers.--The 
        Secretary of the Interior may reserve amounts from 
        administrative funds of the Bureau of Indian Affairs 
        that are associated with the tribal transportation 
        program to fund tribal technical assistance centers 
        under section 504(b).
          (8) Maintenance.--
                  (A) Use of funds.--Notwithstanding any other 
                provision of this title, of the amount of funds 
                allocated to an Indian tribe from the tribal 
                transportation program, for the purpose of 
                maintenance (excluding road sealing, which 
                shall not be subject to any limitation), the 
                Secretary shall not use an amount more than the 
                greater of--
                          (i) an amount equal to 25 percent; or
                          (ii) $500,000.
                  (B) Responsibility of Bureau of Indian 
                Affairs and Secretary of the Interior.--
                          (i) Bureau of Indian Affairs.--The 
                        Bureau of Indian Affairs shall retain 
                        primary responsibility, including 
                        annual funding request responsibility, 
                        for Bureau of Indian Affairs road 
                        maintenance programs on Indian 
                        reservations.
                          (ii) Secretary of the Interior.--The 
                        Secretary of the Interior shall ensure 
                        that funding made available under this 
                        subsection for maintenance of tribal 
                        transportation facilities for each 
                        fiscal year is supplementary to, and 
                        not in lieu of, any obligation of funds 
                        by the Bureau of Indian Affairs for 
                        road maintenance programs on Indian 
                        reservations.
                  (C) Tribal-state road maintenance 
                agreements.--
                          (i) In general.--An Indian tribe and 
                        a State may enter into a road 
                        maintenance agreement under which an 
                        Indian tribe shall assume the 
                        responsibility of the State for--
                                  (I) tribal transportation 
                                facilities; and
                                  (II) roads providing access 
                                to tribal transportation 
                                facilities.
                          (ii) Requirements.--Agreements 
                        entered into under clause (i) shall--
                                  (I) be negotiated between the 
                                State and the Indian tribe; and
                                  (II) not require the approval 
                                of the Secretary.
          (9) Cooperation.--
                  (A) In general.--The cooperation of States, 
                counties, or other local subdivisions may be 
                accepted in construction and improvement.
                  (B) Funds received.--Any funds received from 
                a State, county, or local subdivision shall be 
                credited to appropriations available for the 
                tribal transportation program.
          (10) Competitive bidding.--
                  (A) Construction.--
                          (i) In general.--Subject to clause 
                        (ii) and subparagraph (B), construction 
                        of each project shall be performed by 
                        contract awarded by competitive 
                        bidding.
                          (ii) Exception.--Clause (i) shall not 
                        apply if the Secretary or the Secretary 
                        of the Interior affirmatively finds 
                        that, under the circumstances relating 
                        to the project, a different method is 
                        in the public interest.
                  (B) Applicability.--Notwithstanding 
                subparagraph (A), section 23 of the Act of June 
                25, 1910 (25 U.S.C. 47) and section 7(b) of the 
                Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450e(b)) shall apply 
                to all funds administered by the Secretary of 
                the Interior that are appropriated for the 
                construction and improvement of tribal 
                transportation facilities.
  (b) Funds Distribution.--
          (1) National tribal transportation facility 
        inventory.--
                  (A) In general.--The Secretary of the 
                Interior, in cooperation with the Secretary, 
                shall maintain a comprehensive national 
                inventory of tribal transportation facilities 
                that are eligible for assistance under the 
                tribal transportation program.
                  (B) Transportation facilities included in the 
                inventory.--For purposes of identifying the 
                tribal transportation system and determining 
                the relative transportation needs among Indian 
                tribes, the Secretary shall include, at a 
                minimum, transportation facilities that are 
                eligible for assistance under the tribal 
                transportation program that an Indian tribe has 
                requested, including facilities that--
                          (i) were included in the Bureau of 
                        Indian Affairs system inventory prior 
                        to October 1, 2004;
                          (ii) are owned by an Indian tribal 
                        government;
                          (iii) are owned by the Bureau of 
                        Indian Affairs;
                          (iv) were constructed or 
                        reconstructed with funds from the 
                        Highway Trust Fund under the Indian 
                        reservation roads program since 1983;
                          (v) are public roads or bridges 
                        within the exterior boundary of Indian 
                        reservations, Alaska Native villages, 
                        and other recognized Indian communities 
                        (including communities in former Indian 
                        reservations in the State of Oklahoma) 
                        in which the majority of residents are 
                        American Indians or Alaska Natives;
                          (vi) are public roads within or 
                        providing access to an Indian 
                        reservation or Indian trust land or 
                        restricted Indian land that is not 
                        subject to fee title alienation without 
                        the approval of the Federal Government, 
                        or Indian or Alaska Native villages, 
                        groups, or communities in which Indians 
                        and Alaska Natives reside, whom the 
                        Secretary of the Interior has 
                        determined are eligible for services 
                        generally available to Indians under 
                        Federal laws specifically applicable to 
                        Indians; or
                          (vii) are primary access routes 
                        proposed by tribal governments, 
                        including roads between villages, roads 
                        to landfills, roads to drinking water 
                        sources, roads to natural resources 
                        identified for economic development, 
                        and roads that provide access to 
                        intermodal terminals, such as airports, 
                        harbors, or boat landings.
                  (C) Limitation on primary access routes.--For 
                purposes of this paragraph, a proposed primary 
                access route is the shortest practicable route 
                connecting 2 points of the proposed route.
                  (D) Additional facilities.--Nothing in this 
                paragraph precludes the Secretary from 
                including additional transportation facilities 
                that are eligible for funding under the tribal 
                transportation program in the inventory used 
                for the national funding allocation if such 
                additional facilities are included in the 
                inventory in a uniform and consistent manner 
                nationally.
                  (E) Bridges.--All bridges in the inventory 
                shall be recorded in the national bridge 
                inventory administered by the Secretary under 
                section 144.
          (2) Regulations.--Notwithstanding sections 563(a) and 
        565(a) of title 5, the Secretary of the Interior shall 
        maintain any regulations governing the tribal 
        transportation program.
          (3) Basis for funding formula.--
                  (A) Basis.--
                          (i) In general.--After making the set 
                        asides authorized under subparagraph 
                        (C) and subsections (c), (d), and (e) 
                        on October 1 of each fiscal year, the 
                        Secretary shall distribute the 
                        remainder authorized to be appropriated 
                        for the tribal transportation program 
                        under this section among Indian tribes 
                        as follows:
                                  (I) For fiscal year 2013--
                                          (aa) for each Indian 
                                        tribe, 80 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                                  (II) For fiscal year 2014--
                                          (aa) for each Indian 
                                        tribe, 60 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                                  (III) For fiscal year 2015--
                                          (aa) for each Indian 
                                        tribe, 40 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                                  (IV) For fiscal year 2016 and 
                                thereafter--
                                          (aa) for each Indian 
                                        tribe, 20 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                          (ii) Tribal high priority projects.--
                        The High Priority Projects program as 
                        included in the Tribal Transportation 
                        Allocation Methodology of part 170 of 
                        title 25, Code of Federal Regulations 
                        (as in effect on the date of enactment 
                        of the MAP-21), shall not continue in 
                        effect.
                  (B) Tribal shares.--Tribal shares under this 
                program shall be determined using the national 
                tribal transportation facility inventory as 
                calculated for fiscal year 2012, and the most 
                recent data on American Indian and Alaska 
                Native population within each Indian tribe's 
                American Indian/Alaska Native Reservation or 
                Statistical Area, as computed under the Native 
                American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et 
                seq.), in the following manner:
                          (i) 27 percent in the ratio that the 
                        total eligible road mileage in each 
                        tribe bears to the total eligible road 
                        mileage of all American Indians and 
                        Alaskan Natives. For the purposes of 
                        this calculation, eligible road mileage 
                        shall be computed based on the 
                        inventory described in paragraph (1), 
                        using only facilities included in the 
                        inventory described in clause (i), 
                        (ii), or (iii) of paragraph (1)(B).
                          (ii) 39 percent in the ratio that the 
                        total population in each tribe bears to 
                        the total population of all American 
                        Indians and Alaskan Natives.
                          (iii) 34 percent shall be divided 
                        equally among each Bureau of Indian 
                        Affairs region. Within each region, 
                        such share of funds shall be 
                        distributed to each Indian tribe in the 
                        ratio that the average total relative 
                        need distribution factors and 
                        population adjustment factors from 
                        fiscal years 2005 through 2011 for a 
                        tribe bears to the average total of 
                        relative need distribution factors and 
                        population adjustment factors for 
                        fiscal years 2005 through 2011 in that 
                        region.
                  (C) Tribal supplemental funding.--
                          (i) Tribal supplemental funding 
                        amount.--Of funds made available for 
                        each fiscal year for the tribal 
                        transportation program, the Secretary 
                        shall set aside the following amount 
                        for a tribal supplemental program:
                                  (I) If the amount made 
                                available for the tribal 
                                transportation program is less 
                                than or equal to $275,000,000, 
                                30 percent of such amount.
                                  (II) If the amount made 
                                available for the tribal 
                                transportation program exceeds 
                                $275,000,000--
                                          (aa) $82,500,000; 
                                        plus
                                          (bb) 12.5 percent of 
                                        the amount made 
                                        available for the 
                                        tribal transportation 
                                        program in excess of 
                                        $275,000,000.
                          (ii) Tribal supplemental 
                        allocation.--The Secretary shall 
                        distribute tribal supplemental funds as 
                        follows:
                                  (I) Distribution among 
                                regions.--Of the amounts set 
                                aside under clause (i), the 
                                Secretary shall distribute to 
                                each region of the Bureau of 
                                Indian Affairs a share of 
                                tribal supplemental funds in 
                                proportion to the regional 
                                total of tribal shares based on 
                                the cumulative tribal shares of 
                                all Indian tribes within such 
                                region under subparagraph (B).
                                  (II) Distribution within a 
                                region.--Of the amount that a 
                                region receives under subclause 
                                (I), the Secretary shall 
                                distribute tribal supplemental 
                                funding among Indian tribes 
                                within such region as follows:
                                          (aa) Tribal 
                                        supplemental amounts.--
                                        The Secretary shall 
                                        determine--
                                                  (AA) which 
                                                such Indian 
                                                tribes would be 
                                                entitled under 
                                                subparagraph 
                                                (A) to receive 
                                                in a fiscal 
                                                year less 
                                                funding than 
                                                they would 
                                                receive in 
                                                fiscal year 
                                                2011 pursuant 
                                                to the relative 
                                                need 
                                                distribution 
                                                factor and 
                                                population 
                                                adjustment 
                                                factor, as 
                                                described in 
                                                subpart C of 
                                                part 170 of 
                                                title 25, Code 
                                                of Federal 
                                                Regulations (as 
                                                in effect on 
                                                the date of 
                                                enactment of 
                                                the MAP-21); 
                                                and
                                                  (BB) the 
                                                combined amount 
                                                that such 
                                                Indian tribes 
                                                would be 
                                                entitled to 
                                                receive in 
                                                fiscal year 
                                                2011 pursuant 
                                                to such 
                                                relative need 
                                                distribution 
                                                factor and 
                                                population 
                                                adjustment 
                                                factor in 
                                                excess of the 
                                                amount that 
                                                they would be 
                                                entitled to 
                                                receive in the 
                                                fiscal year 
                                                under 
                                                subparagraph 
                                                (B).
                                          (bb) Combined 
                                        amount.--Subject to 
                                        subclause (III), the 
                                        Secretary shall 
                                        distribute to each 
                                        Indian tribe that meets 
                                        the criteria described 
                                        in item (aa)(AA) a 
                                        share of funding under 
                                        this subparagraph in 
                                        proportion to the share 
                                        of the combined amount 
                                        determined under item 
                                        (aa)(BB) attributable 
                                        to such Indian tribe.
                                  (III) Ceiling.--An Indian 
                                tribe may not receive under 
                                subclause (II) and based on its 
                                tribal share under subparagraph 
                                (A) a combined amount that 
                                exceeds the amount that such 
                                Indian tribe would be entitled 
                                to receive in fiscal year 2011 
                                pursuant to the relative need 
                                distribution factor and 
                                population adjustment factor, 
                                as described in subpart C of 
                                part 170 of title 25, Code of 
                                Federal Regulations (as in 
                                effect on the date of enactment 
                                of the MAP-21).
                                  (IV) Other amounts.--If the 
                                amount made available for a 
                                region under subclause (I) 
                                exceeds the amount distributed 
                                among Indian tribes within that 
                                region under subclause (II), 
                                the Secretary shall distribute 
                                the remainder of such region's 
                                funding under such subclause 
                                among all Indian tribes in that 
                                region in proportion to the 
                                combined amount that each such 
                                Indian tribe received under 
                                subparagraph (A) and subclauses 
                                (I), (II), and (III).]
          (4) Transferred funds.--
                  (A) In general.--Not later than 30 days after 
                the date on which funds are made available to 
                the Secretary of the Interior under this 
                paragraph, the funds shall be distributed to, 
                and made available for immediate use by, 
                eligible Indian tribes, in accordance with the 
                formula for distribution of funds under the 
                tribal transportation program.
                  (B) Use of funds.--Notwithstanding any other 
                provision of this section, funds made available 
                to Indian tribes for tribal transportation 
                facilities shall be expended on projects 
                identified in a transportation improvement 
                program approved by the Secretary.
          (5) Health and safety assurances.--Notwithstanding 
        any other provision of law, an Indian tribal government 
        may approve plans, specifications, and estimates and 
        commence road and bridge construction with funds made 
        available from the tribal transportation program 
        through a contract or agreement under Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450 et seq.), if the Indian tribal government--
                  (A) provides assurances in the contract or 
                agreement that the construction will meet or 
                exceed applicable health and safety standards;
                  (B) obtains the advance review of the plans 
                and specifications from a State-licensed civil 
                engineer that has certified that the plans and 
                specifications meet or exceed the applicable 
                health and safety standards; and
                  (C) provides a copy of the certification 
                under subparagraph (A) to the Deputy Assistant 
                Secretary for Tribal Government Affairs, 
                Department of Transportation, or the Assistant 
                Secretary for Indian Affairs, Department of the 
                Interior, as appropriate.
          (6) Contracts and agreements with Indian tribes.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available through the Secretary 
                of the Interior under this chapter and section 
                125(e) for tribal transportation facilities to 
                pay for the costs of programs, services, 
                functions, and activities, or portions of 
                programs, services, functions, or activities, 
                that are specifically or functionally related 
                to the cost of planning, research, engineering, 
                and construction of any tribal transportation 
                facility shall be made available, upon request 
                of the Indian tribal government, to the Indian 
                tribal government for contracts and agreements 
                for such planning, research, engineering, and 
                construction in accordance with Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.).
                  (B) Exclusion of agency participation.--All 
                funds, including contract support costs, for 
                programs, functions, services, or activities, 
                or portions of programs, services, functions, 
                or activities, including supportive 
                administrative functions that are otherwise 
                contractible to which subparagraph (A) applies, 
                shall be paid in accordance with subparagraph 
                (A), without regard to the organizational level 
                at which the Department of the Interior has 
                previously carried out such programs, 
                functions, services, or activities.
          (7) Contracts and agreements with Indian tribes.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available to an Indian tribal 
                government under this chapter for a tribal 
                transportation facility program or project 
                shall be made available, on the request of the 
                Indian tribal government, to the Indian tribal 
                government for use in carrying out, in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et 
                seq.), contracts and agreements for the 
                planning, research, design, engineering, 
                construction, and maintenance relating to the 
                program or project.
                  (B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds, 
                including contract support costs, for a program 
                or project to which subparagraph (A) applies 
                shall be paid to the Indian tribal government 
                without regard to the organizational level at 
                which the Department of the Interior has 
                previously carried out, or the Department of 
                Transportation has previously carried out under 
                the tribal transportation program, the 
                programs, functions, services, or activities 
                involved.
                  (C) Consortia.--Two or more Indian tribes 
                that are otherwise eligible to participate in a 
                program or project to which this chapter 
                applies may form a consortium to be considered 
                as a single Indian tribe for the purpose of 
                participating in the project under this 
                section.
                  (D) Secretary as signatory.--Notwithstanding 
                any other provision of law, the Secretary is 
                authorized to enter into a funding agreement 
                with an Indian tribal government to carry out a 
                tribal transportation facility program or 
                project under subparagraph (A) that is located 
                on an Indian reservation or provides access to 
                the reservation or a community of the Indian 
                tribe.
                  (E) Funding.--The amount an Indian tribal 
                government receives for a program or project 
                under subparagraph (A) shall equal the sum of 
                the funding that the Indian tribal government 
                would otherwise receive for the program or 
                project in accordance with the funding formula 
                established under this subsection and 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.
                  (F) Eligibility.--
                          (i) In general.--Subject to clause 
                        (ii) and the approval of the Secretary, 
                        funds may be made available under 
                        subparagraph (A) to an Indian tribal 
                        government for a program or project in 
                        a fiscal year only if the Indian tribal 
                        government requesting such funds 
                        demonstrates to the satisfaction of the 
                        Secretary financial stability and 
                        financial management capability during 
                        the 3 fiscal years immediately 
                        preceding the fiscal year for which the 
                        request is being made.
                          (ii) Considerations.--An Indian 
                        tribal government that had no 
                        uncorrected significant and material 
                        audit exceptions in the required annual 
                        audit of the contracts or self-
                        governance funding agreements made by 
                        the Indian tribe with any Federal 
                        agency under the Indian Self-
                        Determination and Education Assistance 
                        Act (25 U.S.C. 450 et seq.) during the 
                        3-fiscal year period referred in clause 
                        (i) shall be conclusive evidence of the 
                        financial stability and financial 
                        management capability of the Indian 
                        tribe for purposes of clause (i).
                  (G) Assumption of functions and duties.--An 
                Indian tribal government receiving funding 
                under subparagraph (A) for a program or project 
                shall assume all functions and duties that the 
                Secretary of the Interior would have performed 
                with respect to a program or project under this 
                chapter, other than those functions and duties 
                that inherently cannot be legally transferred 
                under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et 
                seq.).
                  (H) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a 
                program or project shall have all powers that 
                the Secretary of the Interior would have 
                exercised in administering the funds 
                transferred to the Indian tribal government for 
                such program or project under this section if 
                the funds had not been transferred, except to 
                the extent that such powers are powers that 
                inherently cannot be legally transferred under 
                the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.).
                  (I) Dispute resolution.--In the event of a 
                disagreement between the Secretary or the 
                Secretary of the Interior and an Indian tribe 
                over whether a particular function, duty, or 
                power may be lawfully transferred to the Indian 
                tribe under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et 
                seq.), the Indian tribe shall have the right to 
                pursue all alternative dispute resolution and 
                appeal procedures authorized by that Act, 
                including regulations issued to carry out the 
                Act.
                  (J) Termination of contract or agreement.--On 
                the date of the termination of a contract or 
                agreement under this section by an Indian 
                tribal government, the Secretary shall transfer 
                all funds that would have been allocated to the 
                Indian tribal government under the contract or 
                agreement to the Secretary of the Interior to 
                provide continued transportation services in 
                accordance with applicable law.
  (c) Planning.--
          (1) In general.--For each fiscal year, not more than 
        2 percent of the funds made available for the tribal 
        transportation program shall be allocated among Indian 
        tribal governments that apply for transportation 
        planning pursuant to the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.).
          (2) Requirement.--An Indian tribal government, in 
        cooperation with the Secretary of the Interior and, as 
        appropriate, with a State, local government, or 
        metropolitan planning organization, shall carry out a 
        transportation planning process in accordance with 
        section 201(c).
          (3) Selection and approval of projects.--A project 
        funded under this section shall be--
                  (A) selected by the Indian tribal government 
                from the transportation improvement program; 
                and
                  (B) subject to the approval of the Secretary 
                of the Interior and the Secretary.
  (d) Tribal Transportation Facility Bridges.--
          (1) Nationwide priority program.--The Secretary shall 
        maintain a nationwide priority program for improving 
        deficient bridges eligible for the tribal 
        transportation program.
          (2) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than 2 percent of the funds made available under the 
        tribal transportation program for each fiscal year to 
        be allocated--
                  (A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of a project to replace, 
                rehabilitate, seismically retrofit, paint, 
                apply calcium magnesium acetate, sodium 
                acetate/formate, or other environmentally 
                acceptable, minimally corrosive anti-icing and 
                deicing composition; or
                  (B) to implement any countermeasure for 
                deficient tribal transportation facility 
                bridges, including multiple-pipe culverts.
          (3) Eligible bridges.--To be eligible to receive 
        funding under this subsection, a bridge described in 
        paragraph (1) shall--
                  (A) have an opening of not less than 20 feet;
                  (B) be classified as a tribal transportation 
                facility; and
                  (C) be structurally deficient or functionally 
                obsolete.
          (4) Approval requirement.--The Secretary may make 
        funds available under this subsection for preliminary 
        engineering, construction, and construction engineering 
        activities after approval of required documentation and 
        verification of eligibility in accordance with this 
        title.
  (e) Safety.--
          (1) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than 2 percent of the funds made available under the 
        tribal transportation program for each fiscal year to 
        be allocated based on an identification and analysis of 
        highway safety issues and opportunities on tribal land, 
        as determined by the Secretary, on application of the 
        Indian tribal governments for eligible projects 
        described in section 148(a)(4).
          (2) Project selection.--An Indian tribal government, 
        in cooperation with the Secretary of the Interior and, 
        as appropriate, with a State, local government, or 
        metropolitan planning organization, shall select 
        projects from the transportation improvement program, 
        subject to the approval of the Secretary and the 
        Secretary of the Interior.
  (f) Federal-aid Eligible Projects.--Before approving as a 
project on a tribal transportation facility any project 
eligible for funds apportioned under section 104 in a State, 
the Secretary shall, for projects on tribal transportation 
facilities, determine that the obligation of funds for the 
project is supplementary to and not in lieu of the obligation 
of a fair and equitable share of funds apportioned to the State 
under section 104.

Sec. 203. Federal lands transportation program

  (a) Use of Funds.--
          (1) In general.--Funds made available under the 
        Federal lands transportation program shall be used by 
        the Secretary of Transportation and the Secretary of 
        the appropriate Federal land management agency to pay 
        the costs of--
                  (A) program administration, transportation 
                planning, research, preventive maintenance, 
                engineering, rehabilitation, restoration, 
                construction, and reconstruction of Federal 
                lands transportation facilities, and--
                          (i) adjacent vehicular parking areas;
                          (ii) acquisition of necessary scenic 
                        easements and scenic or historic sites;
                          (iii) provision for pedestrians and 
                        bicycles;
                          (iv) environmental mitigation in or 
                        adjacent to Federal land open to the 
                        public--
                                  (I) to improve public safety 
                                and reduce vehicle- caused 
                                wildlife mortality while 
                                maintaining habitat 
                                connectivity; and
                                  (II) to mitigate the damage 
                                to wildlife, aquatic organism 
                                passage, habitat, and ecosystem 
                                connectivity, including the 
                                costs of constructing, 
                                maintaining, replacing, or 
                                removing culverts and bridges, 
                                as appropriate;
                          (v) construction and reconstruction 
                        of roadside rest areas, including 
                        sanitary and water facilities;
                          (vi) congestion mitigation; and
                          (vii) other appropriate public road 
                        facilities, as determined by the 
                        Secretary;
                  (B) [operation] capital, operations, and 
                maintenance of transit facilities;
                  (C) any transportation project eligible for 
                assistance under this title that is on a public 
                road within or adjacent to, or that provides 
                access to, Federal lands open to the public; 
                and
                  (D) not more $10,000,000 of the amounts made 
                available per fiscal year to carry out this 
                section for activities eligible under 
                subparagraph (A)(iv).
          (2) Contract.--In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the appropriate Federal land management 
        agency may enter into a contract or other appropriate 
        agreement with respect to the activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (3) Administration.--All appropriations for the 
        construction and improvement of Federal lands 
        transportation facilities shall be administered in 
        conformity with regulations and agreements jointly 
        approved by the Secretary and the Secretary of the 
        appropriate Federal land managing agency.
          (4) Cooperation.--
                  (A) In general.--The cooperation of States, 
                counties, or other local subdivisions may be 
                accepted in construction and improvement.
                  (B) Funds received.--Any funds received from 
                a State, county, or local subdivision shall be 
                credited to appropriations available for the 
                class of Federal lands transportation 
                facilities to which the funds were contributed.
          (5) Competitive bidding.--
                  (A) In general.--Subject to subparagraph (B), 
                construction of each project shall be performed 
                by contract awarded by competitive bidding.
                  (B) Exception.--Subparagraph (A) shall not 
                apply if the Secretary or the Secretary of the 
                appropriate Federal land management agency 
                affirmatively finds that, under the 
                circumstances relating to the project, a 
                different method is in the public interest.
  (b) Agency Program Distributions.--
          (1) In general.--On October 1, 2011, and on October 1 
        of each fiscal year thereafter, the Secretary shall 
        allocate the sums authorized to be appropriated for the 
        fiscal year for the Federal lands transportation 
        program on the basis of applications of need, as 
        determined by the Secretary--
                  (A) in consultation with the Secretaries of 
                the applicable Federal land management 
                agencies; and
                  (B) in coordination with the transportation 
                plans required under section 201 of the 
                respective transportation systems of--
                          (i) the National Park Service;
                          (ii) the Forest Service;
                          (iii) the United States Fish and 
                        Wildlife Service;
                          (iv) the Corps of Engineers; [and]
                          (v) the Bureau of Land Management[.];
                          (vi) the Bureau of Reclamation; and
                          (vii) independent Federal agencies 
                        with natural resource and land 
                        management responsibilities.
          (2) Applications.--
                  (A) Requirements.--Each application submitted 
                by a Federal land management agency shall 
                include proposed programs at various potential 
                funding levels, as defined by the Secretary 
                following collaborative discussions with 
                applicable Federal land management agencies.
                  (B) Consideration by Secretary.--In 
                evaluating an application submitted under 
                subparagraph (A), the Secretary shall consider 
                the extent to which the programs support 
                performance management, including--
                          (i) the transportation goals of--
                                  (I) a state of good repair of 
                                transportation facilities;
                                  (II) a reduction of bridge 
                                deficiencies[, and]; and
                                  (III) an improvement of 
                                safety;
                          (ii) high-use Federal recreational 
                        sites or Federal economic generators; 
                        and
                          (iii) the resource and asset 
                        management goals of the Secretary of 
                        the respective Federal land management 
                        agency.
                  (C) Permissive contents.--Applications may 
                include proposed programs the duration of which 
                extend over a multiple- year period to support 
                long-term transportation planning and resource 
                management initiatives.
  (c) National Federal Lands Transportation Facility 
Inventory.--
          (1) In general.--The Secretaries of the appropriate 
        Federal land management agencies, in cooperation with 
        the Secretary, shall maintain a comprehensive national 
        inventory of public Federal lands transportation 
        facilities.
          (2) Transportation facilities included in the 
        inventories.--To identify the Federal lands 
        transportation system and determine the relative 
        transportation needs among Federal land management 
        agencies, the inventories shall include, at a minimum, 
        facilities that--
                  (A) provide access to high-use Federal 
                recreation sites or Federal economic 
                generators, as determined by the Secretary in 
                coordination with the respective Secretaries of 
                the appropriate Federal land management 
                agencies; and
                  (B) are owned by 1 of the following agencies:
                          (i) The National Park Service.
                          (ii) The Forest Service.
                          (iii) The United States Fish and 
                        Wildlife Service.
                          (iv) The Bureau of Land Management.
                          (v) The Corps of Engineers.
                          (vi) The Bureau of Reclamation.
          (3) Availability.--The inventories shall be made 
        available to the Secretary.
          (4) Updates.--The Secretaries of the appropriate 
        Federal land management agencies shall update the 
        inventories of the appropriate Federal land management 
        agencies, as determined by the Secretary after 
        collaborative discussions with the Secretaries of the 
        appropriate Federal land management agencies.
          (5) Review.--A decision to add or remove a facility 
        from the inventory shall not be considered a Federal 
        action for purposes of review under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
  (d) Bicycle Safety.--The Secretary of the appropriate Federal 
land management agency shall prohibit the use of bicycles on 
each federally owned road that has a speed limit of 30 miles 
per hour or greater and an adjacent paved path for use by 
bicycles within 100 yards of the road unless the Secretary 
determines that the bicycle level of service on that roadway is 
rated B or higher.

           *       *       *       *       *       *       *


SEC. 207. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

  (a) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a program 
to be known as the tribal transportation self-governance 
program. The Secretary may delegate responsibilities for 
administration of the program as the Secretary determines 
appropriate.
  (b) Eligibility.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        an Indian tribe shall be eligible to participate in the 
        program if the Indian tribe requests participation in 
        the program by resolution or other official action by 
        the governing body of the Indian tribe, and 
        demonstrates, for the preceding 3 fiscal years, 
        financial stability and financial management 
        capability, and transportation program management 
        capability.
          (2) Criteria for determining financial stability and 
        financial management capacity.--For the purposes of 
        paragraph (1), evidence that, during the preceding 3 
        fiscal years, an Indian tribe had no uncorrected 
        significant and material audit exceptions in the 
        required annual audit of the Indian tribe's self-
        determination contracts or self-governance funding 
        agreements with any Federal agency shall be conclusive 
        evidence of the required financial stability and 
        financial management capability.
          (3) Criteria for determining transportation program 
        management capability.--The Secretary shall require an 
        Indian tribe to demonstrate transportation program 
        management capability, including the capability to 
        manage and complete projects eligible under this title 
        and projects eligible under chapter 53 of title 49, to 
        gain eligibility for the program.
  (c) Compacts.--
          (1) Compact required.--Upon the request of an 
        eligible Indian tribe, and subject to the requirements 
        of this section, the Secretary shall negotiate and 
        enter into a written compact with the Indian tribe for 
        the purpose of providing for the participation of the 
        Indian tribe in the program.
          (2) Contents.--A compact entered into under paragraph 
        (1) shall set forth the general terms of the 
        government-to-government relationship between the 
        Indian tribe and the United States under the program 
        and other terms that will continue to apply in future 
        fiscal years.
          (3) Amendments.--A compact entered into with an 
        Indian tribe under paragraph (1) may be amended only by 
        mutual agreement of the Indian tribe and the Secretary.
  (d) Annual Funding Agreements.--
          (1) Funding agreement required.--After entering into 
        a compact with an Indian tribe under subsection (c), 
        the Secretary shall negotiate and enter into a written 
        annual funding agreement with the Indian tribe.
          (2) Contents.--
                  (A) In general.--
                          (i) Formula funding and discretionary 
                        grants.--A funding agreement entered 
                        into with an Indian tribe shall 
                        authorize the Indian tribe, as 
                        determined by the Indian tribe, to 
                        plan, conduct, consolidate, administer, 
                        and receive full tribal share funding, 
                        tribal transit formula funding, and 
                        funding to tribes from discretionary 
                        and competitive grants administered by 
                        the Department for all programs, 
                        services, functions, and activities (or 
                        portions thereof) that are made 
                        available to Indian tribes to carry out 
                        tribal transportation programs and 
                        programs, services, functions, and 
                        activities (or portions thereof) 
                        administered by the Secretary that are 
                        otherwise available to Indian tribes.
                          (ii) Transfers of state funds.--
                                  (I) Inclusion of transferred 
                                funds in funding agreement.--A 
                                funding agreement entered into 
                                with an Indian tribe shall 
                                include Federal-aid funds 
                                apportioned to a State under 
                                chapter 1 if the State elects 
                                to provide a portion of such 
                                funds to the Indian tribe for a 
                                project eligible under section 
                                202(a).
                                  (II) Method for transfers.--
                                If a State elects to provide 
                                funds described in subclause 
                                (I) to an Indian tribe, the 
                                State shall transfer the funds 
                                back to the Secretary and the 
                                Secretary shall transfer the 
                                funds to the Indian tribe in 
                                accordance with this section.
                                  (III) Responsibility for 
                                transferred funds.--
                                Notwithstanding any other 
                                provision of law, if a State 
                                provides funds described in 
                                subclause (I) to an Indian 
                                tribe--
                                          (aa) the State shall 
                                        not be responsible for 
                                        constructing or 
                                        maintaining a project 
                                        carried out using the 
                                        funds or for 
                                        administering or 
                                        supervising the project 
                                        or funds during the 
                                        applicable statute of 
                                        limitations period 
                                        related to the 
                                        construction of the 
                                        project; and
                                          (bb) the Indian tribe 
                                        shall be responsible 
                                        for constructing and 
                                        maintaining a project 
                                        carried out using the 
                                        funds and for 
                                        administering and 
                                        supervising the project 
                                        and funds in accordance 
                                        with this section 
                                        during the applicable 
                                        statute of limitations 
                                        period related to the 
                                        construction of the 
                                        project.
                  (B) Administration of tribal shares.--The 
                tribal shares referred to in subparagraph (A) 
                shall be provided without regard to the agency 
                or office of the Department within which the 
                program, service, function, or activity (or 
                portion thereof) is performed.
                  (C) Flexible and innovative financing.--
                          (i) In general.--A funding agreement 
                        entered into with an Indian tribe under 
                        paragraph (1) shall include provisions 
                        pertaining to flexible and innovative 
                        financing if agreed upon by the 
                        parties.
                          (ii) Terms and conditions.--
                                  (I) Authority to issue 
                                regulations.--The Secretary may 
                                issue regulations to establish 
                                the terms and conditions 
                                relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i).
                                  (II) Terms and conditions in 
                                absence of regulations.--If the 
                                Secretary does not issue 
                                regulations under subclause 
                                (I), the terms and conditions 
                                relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i) shall 
                                be consistent with--
                                          (aa) agreements 
                                        entered into by the 
                                        Department under--
                                                  (AA) section 
                                                202(b)(7); and
                                                  (BB) section 
                                                202(d)(5), as 
                                                in effect 
                                                before the date 
                                                of enactment of 
                                                MAP-21 (Public 
                                                Law 112-141); 
                                                or
                                          (bb) regulations of 
                                        the Department of the 
                                        Interior relating to 
                                        flexible financing 
                                        contained in part 170 
                                        of title 25, Code of 
                                        Federal Regulations, as 
                                        in effect on the date 
                                        of enactment of the 
                                        Surface Transportation 
                                        Reauthorization and 
                                        Reform Act of 2015.
          (3) Terms.--A funding agreement shall set forth--
                  (A) terms that generally identify the 
                programs, services, functions, and activities 
                (or portions thereof) to be performed or 
                administered by the Indian tribe; and
                  (B) for items identified in subparagraph 
                (A)--
                          (i) the general budget category 
                        assigned;
                          (ii) the funds to be provided, 
                        including those funds to be provided on 
                        a recurring basis;
                          (iii) the time and method of transfer 
                        of the funds;
                          (iv) the responsibilities of the 
                        Secretary and the Indian tribe; and
                          (v) any other provision agreed to by 
                        the Indian tribe and the Secretary.
          (4) Subsequent funding agreements.--
                  (A) Applicability of existing agreement.--
                Absent notification from an Indian tribe that 
                the Indian tribe is withdrawing from or 
                retroceding the operation of 1 or more 
                programs, services, functions, or activities 
                (or portions thereof) identified in a funding 
                agreement, or unless otherwise agreed to by the 
                parties, each funding agreement shall remain in 
                full force and effect until a subsequent 
                funding agreement is executed.
                  (B) Effective date of subsequent agreement.--
                The terms of the subsequent funding agreement 
                shall be retroactive to the end of the term of 
                the preceding funding agreement.
          (5) Consent of indian tribe required.--The Secretary 
        shall not revise, amend, or require additional terms in 
        a new or subsequent funding agreement without the 
        consent of the Indian tribe that is subject to the 
        agreement unless such terms are required by Federal 
        law.
  (e) General Provisions.--
          (1) Redesign and consolidation.--
                  (A) In general.--An Indian tribe, in any 
                manner that the Indian tribe considers to be in 
                the best interest of the Indian community being 
                served, may--
                          (i) redesign or consolidate programs, 
                        services, functions, and activities (or 
                        portions thereof) included in a funding 
                        agreement; and
                          (ii) reallocate or redirect funds for 
                        such programs, services, functions, and 
                        activities (or portions thereof), if 
                        the funds are--
                                  (I) expended on projects 
                                identified in a transportation 
                                improvement program approved by 
                                the Secretary; and
                                  (II) used in accordance with 
                                the requirements in--
                                          (aa) appropriations 
                                        Acts;
                                          (bb) this title and 
                                        chapter 53 of title 49; 
                                        and
                                          (cc) any other 
                                        applicable law.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), if, pursuant to subsection (d), an Indian 
                tribe receives a discretionary or competitive 
                grant from the Secretary or receives State 
                apportioned funds, the Indian tribe shall use 
                the funds for the purpose for which the funds 
                were originally authorized.
          (2) Retrocession.--
                  (A) In general.--
                          (i) Authority of indian tribes.--An 
                        Indian tribe may retrocede (fully or 
                        partially) to the Secretary programs, 
                        services, functions, or activities (or 
                        portions thereof) included in a compact 
                        or funding agreement.
                          (ii) Reassumption of remaining 
                        funds.--Following a retrocession 
                        described in clause (i), the Secretary 
                        may--
                                  (I) reassume the remaining 
                                funding associated with the 
                                retroceded programs, functions, 
                                services, and activities (or 
                                portions thereof) included in 
                                the applicable compact or 
                                funding agreement;
                                  (II) out of such remaining 
                                funds, transfer funds 
                                associated with Department of 
                                Interior programs, services, 
                                functions, or activities (or 
                                portions thereof) to the 
                                Secretary of the Interior to 
                                carry out transportation 
                                services provided by the 
                                Secretary of the Interior; and
                                  (III) distribute funds not 
                                transferred under subclause 
                                (II) in accordance with 
                                applicable law.
                          (iii) Correction of programs.--If the 
                        Secretary makes a finding under 
                        subsection (f)(2)(B) and no funds are 
                        available under subsection 
                        (f)(2)(A)(ii), the Secretary shall not 
                        be required to provide additional funds 
                        to complete or correct any programs, 
                        functions, services, or activities (or 
                        portions thereof).
                  (B) Effective date.--Unless the Indian tribe 
                rescinds a request for retrocession, the 
                retrocession shall become effective within the 
                timeframe specified by the parties in the 
                compact or funding agreement. In the absence of 
                such a specification, the retrocession shall 
                become effective on--
                          (i) the earlier of--
                                  (I) 1 year after the date of 
                                submission of the request; or
                                  (II) the date on which the 
                                funding agreement expires; or
                          (ii) such date as may be mutually 
                        agreed upon by the parties and, with 
                        respect to Department of the Interior 
                        programs, functions, services, and 
                        activities (or portions thereof), the 
                        Secretary of the Interior.
  (f) Provisions Relating to Secretary.--
          (1) Decisionmaker.--A decision that relates to an 
        appeal of the rejection of a final offer by the 
        Department shall be made either--
                  (A) by an official of the Department who 
                holds a position at a higher organizational 
                level within the Department than the level of 
                the departmental agency in which the decision 
                that is the subject of the appeal was made; or
                  (B) by an administrative judge.
          (2) Termination of compact or funding agreement.--
                  (A) Authority to terminate.--
                          (i) Provision to be included in 
                        compact or funding agreement.--A 
                        compact or funding agreement shall 
                        include a provision authorizing the 
                        Secretary, if the Secretary makes a 
                        finding described in subparagraph (B), 
                        to--
                                  (I) terminate the compact or 
                                funding agreement (or a portion 
                                thereof); and
                                  (II) reassume the remaining 
                                funding associated with the 
                                reassumed programs, functions, 
                                services, and activities 
                                included in the compact or 
                                funding agreement.
                          (ii) Transfers of funds.--Out of any 
                        funds reassumed under clause (i)(II), 
                        the Secretary may transfer the funds 
                        associated with Department of the 
                        Interior programs, functions, services, 
                        and activities (or portions thereof) to 
                        the Secretary of the Interior to 
                        provide continued transportation 
                        services in accordance with applicable 
                        law.
                  (B) Findings resulting in termination.--The 
                finding referred to in subparagraph (A) is a 
                specific finding of--
                          (i) imminent jeopardy to a trust 
                        asset, natural resources, or public 
                        health and safety that is caused by an 
                        act or omission of the Indian tribe and 
                        that arises out of a failure to carry 
                        out the compact or funding agreement, 
                        as determined by the Secretary; or
                          (ii) gross mismanagement with respect 
                        to funds or programs transferred to the 
                        Indian tribe under the compact or 
                        funding agreement, as determined by the 
                        Secretary in consultation with the 
                        Inspector General of the Department, as 
                        appropriate.
                  (C) Prohibition.--The Secretary shall not 
                terminate a compact or funding agreement (or 
                portion thereof) unless--
                          (i) the Secretary has first provided 
                        written notice and a hearing on the 
                        record to the Indian tribe that is 
                        subject to the compact or funding 
                        agreement; and
                          (ii) the Indian tribe has not taken 
                        corrective action to remedy the 
                        mismanagement of funds or programs or 
                        the imminent jeopardy to a trust asset, 
                        natural resource, or public health and 
                        safety.
                  (D) Exception.--
                          (i) In general.--Notwithstanding 
                        subparagraph (C), the Secretary, upon 
                        written notification to an Indian tribe 
                        that is subject to a compact or funding 
                        agreement, may immediately terminate 
                        the compact or funding agreement (or 
                        portion thereof) if--
                                  (I) the Secretary makes a 
                                finding of imminent substantial 
                                and irreparable jeopardy to a 
                                trust asset, natural resource, 
                                or public health and safety; 
                                and
                                  (II) the jeopardy arises out 
                                of a failure to carry out the 
                                compact or funding agreement.
                          (ii) Hearings.--If the Secretary 
                        terminates a compact or funding 
                        agreement (or portion thereof) under 
                        clause (i), the Secretary shall provide 
                        the Indian tribe subject to the compact 
                        or agreement with a hearing on the 
                        record not later than 10 days after the 
                        date of such termination.
                  (E) Burden of proof.--In any hearing or 
                appeal involving a decision to terminate a 
                compact or funding agreement (or portion 
                thereof) under this paragraph, the Secretary 
                shall have the burden of proof in demonstrating 
                by clear and convincing evidence the validity 
                of the grounds for the termination.
  (g) Cost Principles.--In administering funds received under 
this section, an Indian tribe shall apply cost principles under 
the applicable Office of Management and Budget circular, except 
as modified by section 450j-1 of title 25, other provisions of 
law, or by any exemptions to applicable Office of Management 
and Budget circulars subsequently granted by the Office of 
Management and Budget. No other audit or accounting standards 
shall be required by the Secretary. Any claim by the Federal 
Government against the Indian tribe relating to funds received 
under a funding agreement based on any audit conducted pursuant 
to this subsection shall be subject to the provisions of 
section 450j-1(f) of title 25.
  (h) Transfer of Funds.--The Secretary shall provide funds to 
an Indian tribe under a funding agreement in an amount equal 
to--
          (1) the sum of the funding that the Indian tribe 
        would otherwise receive for the program, function, 
        service, or activity in accordance with a funding 
        formula or other allocation method established under 
        this title or chapter 53 of title 49; and
          (2) such additional amounts as the Secretary 
        determines equal the amounts that would have been 
        withheld for the costs of the Bureau of Indian Affairs 
        for administration of the program or project.
  (i) Construction Programs.--
          (1) Standards.--Construction projects carried out 
        under programs administered by an Indian tribe with 
        funds transferred to the Indian tribe pursuant to a 
        funding agreement entered into under this section shall 
        be constructed pursuant to the construction program 
        standards set forth in applicable regulations or as 
        specifically approved by the Secretary (or the 
        Secretary's designee).
          (2) Monitoring.--Construction programs shall be 
        monitored by the Secretary in accordance with 
        applicable regulations.
  (j) Facilitation.--
          (1) Secretarial interpretation.--Except as otherwise 
        provided by law, the Secretary shall interpret all 
        Federal laws, Executive orders, and regulations in a 
        manner that will facilitate--
                  (A) the inclusion of programs, services, 
                functions, and activities (or portions thereof) 
                and funds associated therewith, in compacts and 
                funding agreements; and
                  (B) the implementation of the compacts and 
                funding agreements.
          (2) Regulation waiver.--
                  (A) In general.--An Indian tribe may submit 
                to the Secretary a written request to waive 
                application of a regulation promulgated under 
                this section with respect to a compact or 
                funding agreement. The request shall identify 
                the regulation sought to be waived and the 
                basis for the request.
                  (B) Approvals and denials.--
                          (i) In general.--Not later than 90 
                        days after the date of receipt of a 
                        written request under subparagraph (A), 
                        the Secretary shall approve or deny the 
                        request in writing.
                          (ii) Review.--The Secretary shall 
                        review any application by an Indian 
                        tribe for a waiver bearing in mind 
                        increasing opportunities for using 
                        flexible policy approaches at the 
                        Indian tribal level.
                          (iii) Deemed approval.--If the 
                        Secretary does not approve or deny a 
                        request submitted under subparagraph 
                        (A) on or before the last day of the 
                        90-day period referred to in clause 
                        (i), the request shall be deemed 
                        approved.
                          (iv) Denials.--If the application for 
                        a waiver is not granted, the agency 
                        shall provide the applicant with the 
                        reasons for the denial as part of the 
                        written response required in clause 
                        (i).
                          (v) Finality of decisions.--A 
                        decision by the Secretary under this 
                        subparagraph shall be final for the 
                        Department.
  (k) Disclaimers.--
          (1) Existing authority.--Notwithstanding any other 
        provision of law, upon the election of an Indian tribe, 
        the Secretary shall--
                  (A) maintain current tribal transportation 
                program funding agreements and program 
                agreements; or
                  (B) enter into new agreements under the 
                authority of section 202(b)(7).
          (2) Limitation on statutory construction.--Nothing in 
        this section may be construed to impair or diminish the 
        authority of the Secretary under section 202(b)(7).
  (l) Applicability of Indian Self-determination and Education 
Assistance Act.--Except to the extent in conflict with this 
section (as determined by the Secretary), the following 
provisions of the Indian Self-Determination and Education 
Assistance Act shall apply to compact and funding agreements 
(except that any reference to the Secretary of the Interior or 
the Secretary of Health and Human Services in such provisions 
shall be treated as a reference to the Secretary of 
Transportation):
          (1) Subsections (a), (b), (d), (g), and (h) of 
        section 506 of such Act (25 U.S.C. 458aaa-5), relating 
        to general provisions.
          (2) Subsections (b) through (e) and (g) of section 
        507 of such Act (25 U.S.C.458aaa-6), relating to 
        provisions relating to the Secretary of Health and 
        Human Services.
          (3) Subsections (a), (b), (d), (e), (g), (h), (i), 
        and (k) of section 508 of such Act (25 U.S.C. 458aaa-
        7), relating to transfer of funds.
          (4) Section 510 of such Act (25 U.S.C. 458aaa-9), 
        relating to Federal procurement laws and regulations.
          (5) Section 511 of such Act (25 U.S.C. 458aaa-10), 
        relating to civil actions.
          (6) Subsections (a)(1), (a)(2), and (c) through (f) 
        of section 512 of such Act (25 U.S.C. 458aaa-11), 
        relating to facilitation, except that subsection (c)(1) 
        of that section shall be applied by substituting 
        ``transportation facilities and other facilities'' for 
        ``school buildings, hospitals, and other facilities''.
          (7) Subsections (a) and (b) of section 515 of such 
        Act (25 U.S.C. 458aaa-14), relating to disclaimers.
          (8) Subsections (a) and (b) of section 516 of such 
        Act (25 U.S.C. 458aaa-15), relating to application of 
        title I provisions.
          (9) Section 518 of such Act (25 U.S.C. 458aaa-17), 
        relating to appeals.
  (m) Definitions.--
          (1) In general.--In this section, the following 
        definitions apply (except as otherwise expressly 
        provided):
                  (A) Compact.--The term ``compact'' means a 
                compact between the Secretary and an Indian 
                tribe entered into under subsection (c).
                  (B) Department.--The term ``Department'' 
                means the Department of Transportation.
                  (C) Eligible indian tribe.--The term 
                ``eligible Indian tribe'' means an Indian tribe 
                that is eligible to participate in the program, 
                as determined under subsection (b).
                  (D) Funding agreement.--The term ``funding 
                agreement'' means a funding agreement between 
                the Secretary and an Indian tribe entered into 
                under subsection (d).
                  (E) Indian tribe.--The term ``Indian tribe'' 
                means any Indian or Alaska Native tribe, band, 
                nation, pueblo, village, or community that the 
                Secretary of the Interior acknowledges to exist 
                as an Indian tribe under the Federally 
                Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 479a). In any case in which an Indian 
                tribe has authorized another Indian tribe, an 
                intertribal consortium, or a tribal 
                organization to plan for or carry out programs, 
                services, functions, or activities (or portions 
                thereof) on its behalf under this part, the 
                authorized Indian tribe, intertribal 
                consortium, or tribal organization shall have 
                the rights and responsibilities of the 
                authorizing Indian tribe (except as otherwise 
                provided in the authorizing resolution or in 
                this title). In such event, the term ``Indian 
                tribe'' as used in this part shall include such 
                other authorized Indian tribe, intertribal 
                consortium, or tribal organization.
                  (F) Program.--The term ``program'' means the 
                tribal transportation self-governance program 
                established under this section.
                  (G) Secretary.--The term ``Secretary'' means 
                the Secretary of Transportation.
                  (H) Transportation programs.--The term 
                ``transportation programs'' means all programs 
                administered or financed by the Department 
                under this title and chapter 53 of title 49.
          (2) Applicability of other definitions.--In this 
        section, the definitions set forth in sections 4 and 
        505 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b; 458aaa) apply, except 
        as otherwise expressly provided in this section.
  (n) Regulations.--
          (1) In general.--
                  (A) Promulgation.--Not later than 90 days 
                after the date of enactment of the Surface 
                Transportation Reauthorization and Reform Act 
                of 2015, the Secretary shall initiate 
                procedures under subchapter III of chapter 5 of 
                title 5 to negotiate and promulgate such 
                regulations as are necessary to carry out this 
                section.
                  (B) Publication of proposed regulations.--
                Proposed regulations to implement this section 
                shall be published in the Federal Register by 
                the Secretary not later than 21 months after 
                such date of enactment.
                  (C) Expiration of authority.--The authority 
                to promulgate regulations under paragraph (1) 
                shall expire 30 months after such date of 
                enactment.
                  (D) Extension of deadlines.--A deadline set 
                forth in paragraph (1)(B) or (1)(C) may be 
                extended up to 180 days if the negotiated 
                rulemaking committee referred to in paragraph 
                (2) concludes that the committee cannot meet 
                the deadline and the Secretary so notifies the 
                appropriate committees of Congress.
          (2) Committee.--
                  (A) In general.--A negotiated rulemaking 
                committee established pursuant to section 565 
                of title 5 to carry out this subsection shall 
                have as its members only Federal and tribal 
                government representatives, a majority of whom 
                shall be nominated by and be representatives of 
                Indian tribes with funding agreements under 
                this title.
                  (B) Requirements.--The committee shall confer 
                with, and accommodate participation by, 
                representatives of Indian tribes, inter-tribal 
                consortia, tribal organizations, and individual 
                tribal members.
                  (C) Adaptation of procedures.--The Secretary 
                shall adapt the negotiated rulemaking 
                procedures to the unique context of self-
                governance and the government-to-government 
                relationship between the United States and 
                Indian tribes.
          (3) Effect.--The lack of promulgated regulations 
        shall not limit the effect of this section.
          (4) Effect of circulars, policies, manuals, guidance, 
        and rules.--Unless expressly agreed to by the 
        participating Indian tribe in the compact or funding 
        agreement, the participating Indian tribe shall not be 
        subject to any agency circular, policy, manual, 
        guidance, or rule adopted by the Department, except 
        regulations promulgated under this section.

           *       *       *       *       *       *       *


[Sec. 213. Transportation alternatives

  [(a) Reservation of Funds.--
          [(1) In general.--On October 1 of each of fiscal 
        years 2013 and 2014, the Secretary shall proportionally 
        reserve from the funds apportioned to a State under 
        section 104(b) to carry out the requirements of this 
        section an amount equal to the amount obtained by 
        multiplying the amount determined under paragraph (2) 
        by the ratio that--
                  [(A) the amount apportioned to the State for 
                the transportation enhancements program for 
                fiscal year 2009 under section 133(d)(2), as in 
                effect on the day before the date of enactment 
                of the MAP-21; bears to
                  [(B) the total amount of funds apportioned to 
                all States for that fiscal year for the 
                transportation enhancements program for fiscal 
                year 2009.
          [(2) Calculation of national amount.--The Secretary 
        shall determine an amount for each fiscal year that is 
        equal to 2 percent of the amounts authorized to be 
        appropriated for such fiscal year from the Highway 
        Trust Fund (other than the Mass Transit Account) to 
        carry out chapters 1, 2, 5, and 6 of this title.
  [(b) Eligible Projects.--A State may obligate the funds 
reserved under this section for any of the following projects 
or activities:
          [(1) Transportation alternatives, as defined in 
        section 101.
          [(2) The recreational trails program under section 
        206.
          [(3) The safe routes to school program under section 
        1404 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 
        109-59).
          [(4) Planning, designing, or constructing boulevards 
        and other roadways largely in the right-of-way of 
        former Interstate System routes or other divided 
        highways.
  [(c) Allocations of Funds.--
          [(1) Calculation.--Of the funds reserved in a State 
        under this section--
                  [(A) 50 percent for a fiscal year shall be 
                obligated under this section to any eligible 
                entity 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) 50 percent shall 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) Distribution among urbanized areas of over 
        200,000 population.--
                  [(A) In general.--Except as provided in 
                paragraph (1)(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.--A 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.
          [(4) Access to funds.--
                  [(A) In general.--Each State or metropolitan 
                planning organization required to obligate 
                funds in accordance with paragraph (1) shall 
                develop a competitive process to allow eligible 
                entities to submit projects for funding that 
                achieve the objectives of this subsection.
                  [(B) Definition of eligible entity.--In this 
                paragraph, the term ``eligible entity'' means--
                          [(i) a local government;
                          [(ii) a regional transportation 
                        authority;
                          [(iii) a transit agency;
                          [(iv) a natural resource or public 
                        land agency;
                          [(v) a school district, local 
                        education agency, or school;
                          [(vi) a tribal government; and
                          [(vii) any other local or regional 
                        governmental entity with responsibility 
                        for or oversight of transportation or 
                        recreational trails (other than a 
                        metropolitan planning organization or a 
                        State agency) that the State determines 
                        to be eligible, consistent with the 
                        goals of this subsection.
          [(5) Selection of projects.--For funds reserved in a 
        State under this section and suballocated to a 
        metropolitan planning area under paragraph (1)(A)(i), 
        each such metropolitan planning organization shall 
        select projects carried out within the boundaries of 
        the applicable metropolitan planning area, in 
        consultation with the relevant State.
  [(d) Flexibility of Excess Reserved Funding.--Beginning in 
the second fiscal year after the date of enactment of the MAP-
21, if on August 1 of that fiscal year the unobligated balance 
of available funds reserved by a State under this section 
exceeds 100 percent of such reserved amount in such fiscal 
year, the State may thereafter obligate the amount of excess 
funds for any activity--
          [(1) that is eligible to receive funding under this 
        section; or
          [(2) for which the Secretary has approved the 
        obligation of funds for any State under section 149.
  [(e) Treatment of Projects.--Notwithstanding any other 
provision of law, projects funded under this section (excluding 
those carried out under subsection (f)) shall be treated as 
projects on a Federal-aid highway under this chapter.
  [(f) Continuation of Certain Recreational Trails Projects.--
Each State shall--
          [(1) 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) 
        for projects relating to recreational trails under 
        section 206;
          [(2) return 1 percent of those funds to the Secretary 
        for the administration of that program; and
          [(3) comply with the provisions of the administration 
        of the recreational trails program under section 206, 
        including the use of apportioned funds described under 
        subsection (d)(3)(A) of that section.
  [(g) State Flexibility.--A State may opt out of the 
recreational trails program under subsection (f) if the 
Governor of the State notifies the Secretary not later than 30 
days prior to apportionments being made for any fiscal year.]

           *       *       *       *       *       *       *


                     CHAPTER 3--GENERAL PROVISIONS

Sec.
301. Freedom from tolls.
     * * * * * * *
330. Program for eliminating duplication of environmental reviews.

           *       *       *       *       *       *       *


Sec. 319. Landscaping and scenic enhancement

  (a) Landscape and Roadside Development.--The Secretary may 
approve as a part of the construction of Federal-aid highways 
the costs of landscape and roadside development, including 
acquisition and development of publicly owned and controlled 
rest and recreation areas and sanitary and other facilities 
reasonably necessary to accommodate the traveling public, and 
for acquisition of interests in and improvement of strips of 
land necessary for the restoration, preservation, and 
enhancement of scenic beauty (including the enhancement of 
habitat and forage for pollinators) adjacent to such highways.
  (b) Planting of Wildflowers.--
          (1) General rule.--The Secretary shall require the 
        planting of native wildflower seeds or seedlings, or 
        both, as part of any landscaping project under this 
        section. At least 1/4 of 1 percent of the funds 
        expended for such landscaping project shall be used for 
        such plantings.
          (2) Waiver.--The requirements of this subsection may 
        be waived by the Secretary if a State certifies that 
        native wildflowers or seedlings cannot be grown 
        satisfactorily or planting areas are limited or 
        otherwise used for agricultural purposes.
          (3) Gifts.--Nothing in this subsection shall be 
        construed to prohibit the acceptance of native 
        wildflower seeds or seedlings donated by civic 
        organizations or other organizations and individuals to 
        be used in landscaping projects.
  (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.

           *       *       *       *       *       *       *


Sec. 322. Magnetic levitation transportation technology deployment 
                    program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Eligible project costs.--The term ``eligible 
        project costs''--
                  (A) means the capital cost of the fixed 
                guideway infrastructure of a MAGLEV project, 
                including land, piers, guideways, propulsion 
                equipment and other components attached to 
                guideways, power distribution facilities 
                (including substations), control and 
                communications facilities, access roads, and 
                storage, repair, and maintenance facilities, 
                but not including costs incurred for a new 
                station; and
                  (B) includes the costs of preconstruction 
                planning activities.
          (2) Full project costs.--The term ``full project 
        costs'' means the total capital costs of a MAGLEV 
        project, including eligible project costs and the costs 
        of stations, vehicles, and equipment.
          (3) MAGLEV.--The term ``MAGLEV'' means transportation 
        systems employing magnetic levitation that would be 
        capable of safe use by the public at a speed in excess 
        of 240 miles per hour.
          (4) Partnership potential.--The term ``partnership 
        potential'' has the meaning given the term in the 
        commercial feasibility study of high-speed ground 
        transportation conducted under section 1036 of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991 (105 Stat. 1978).
  (b) Financial Assistance.--
          (1) In general.--The Secretary shall make available 
        financial assistance to pay the Federal share of full 
        project costs of eligible projects selected under this 
        section. Financial assistance made available under this 
        section and projects assisted with the assistance shall 
        be subject to section 5333(a) of title 49, United 
        States Code.
          (2) Federal share.--The Federal share of full project 
        costs under paragraph (1) shall be not more than 2/3.
          (3) Use of assistance.--Financial assistance provided 
        under paragraph (1) shall be used only to pay eligible 
        project costs of projects selected under this section.
  (c) Solicitation of Applications for Assistance.--Not later 
than 180 days after the date of enactment of this subsection, 
the Secretary shall solicit applications from States, or 
authorities designated by 1 or more States, for financial 
assistance authorized by subsection (b) for planning, design, 
and construction of eligible MAGLEV projects.
  (d) Project Eligibility.--To be eligible to receive financial 
assistance under subsection (b), a project shall--
          (1) involve a segment or segments of a high-speed 
        ground transportation corridor that exhibit partnership 
        potential;
          (2) require an amount of Federal funds for project 
        financing that will not exceed the sum of--
                  (A) the amounts made available under 
                subsection (h)(1); and
                  (B) the amounts made available by States 
                under subsection (h)(3);
          (3) result in an operating transportation facility 
        that provides a revenue producing service;
          (4) be undertaken through a public and private 
        partnership, with at least 1/3 of full project costs 
        paid using non-Federal funds;
          (5) satisfy applicable statewide and metropolitan 
        planning requirements;
          (6) be approved by the Secretary based on an 
        application submitted to the Secretary by a State or 
        authority designated by 1 or more States;
          (7) to the extent that non-United States MAGLEV 
        technology is used within the United States, be carried 
        out as a technology transfer project; and
          (8) be carried out using materials at least 70 
        percent of which are manufactured in the United States.
  (e) Project Selection Criteria.--Prior to soliciting 
applications, the Secretary shall establish criteria for 
selecting which eligible projects under subsection (d) will 
receive financial assistance under subsection (b). The criteria 
shall include the extent to which--
          (1) a project is nationally significant, including 
        the extent to which the project will demonstrate the 
        feasibility of deployment of MAGLEV technology 
        throughout the United States;
          (2) timely implementation of the project will reduce 
        congestion in other modes of transportation and reduce 
        the need for additional highway or airport 
        construction;
          (3) States, regions, and localities financially 
        contribute to the project;
          (4) implementation of the project will create new 
        jobs in traditional and emerging industries;
          (5) the project will augment MAGLEV networks 
        identified as having partnership potential;
          (6) financial assistance would foster public and 
        private partnerships for infrastructure development and 
        attract private debt or equity investment;
          (7) financial assistance would foster the timely 
        implementation of a project; and
          (8) life-cycle costs in design and engineering are 
        considered and enhanced.
  (f) Project Selection.--
          (1) Preconstruction planning activities.--Not later 
        than 90 days after a deadline established by the 
        Secretary for the receipt of applications, the 
        Secretary shall evaluate the eligible projects in 
        accordance with the selection criteria and select 1 or 
        more eligible projects to receive financial assistance 
        for preconstruction planning activities, including--
                  (A) preparation of such feasibility studies, 
                major investment studies, and environmental 
                impact statements and assessments as are 
                required under State law;
                  (B) pricing of the final design, engineering, 
                and construction activities proposed to be 
                assisted under paragraph (2); and
                  (C) such other activities as are necessary to 
                provide the Secretary with sufficient 
                information to evaluate whether a project 
                should receive financial assistance for final 
                design, engineering, and construction 
                activities under paragraph (2).
          (2) Final design, engineering, and construction 
        activities.--After completion of preconstruction 
        planning activities for all projects assisted under 
        paragraph (1), the Secretary shall select 1 of the 
        projects to receive financial assistance for final 
        design, engineering, and construction activities.
  (g) Joint Ventures.--A project undertaken by a joint venture 
of United States and non-United States persons (including a 
project involving the deployment of non-United States MAGLEV 
technology in the United States) shall be eligible for 
financial assistance under this section if the project is 
eligible under subsection (d) and selected under subsection 
(f).
  (h) Funding.--
          (1) In general.--
                  (A) Contract authority; authorization of 
                appropriations.--
                          (i) In general.--There is authorized 
                        to be appropriated from the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) to carry out this section 
                        $15,000,000 for fiscal year 1999, 
                        $20,000,000 for fiscal year 2000, and 
                        $25,000,000 for fiscal year 2001.
                          (ii) Contract authority.--Funds 
                        authorized by this subparagraph shall 
                        be available for obligation in the same 
                        manner as if the funds were apportioned 
                        under chapter 1, except that--
                                  (I) the Federal share of the 
                                cost of a project carried out 
                                under this section shall be 
                                determined in accordance with 
                                subsection (b); and
                                  (II) the availability of the 
                                funds shall be determined in 
                                accordance with paragraph (2).
                  (B) Noncontract authority authorization of 
                appropriations.--
                          (i) In general.--There are authorized 
                        to be appropriated from the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) to carry out this section 
                        (other than subsection (i)) 
                        $200,000,000 for each of fiscal years 
                        2000 and 2001, $250,000,000 for fiscal 
                        year 2002, and $300,000,000 for fiscal 
                        year 2003.
                          (ii) Availability.--Notwithstanding 
                        section 118(a), funds made available 
                        under clause (i) shall not be available 
                        in advance of an annual appropriation.
          (2) Availability of funds.--Funds made available 
        under paragraph (1) shall remain available until 
        expended.
          (3) Other federal funds.--Notwithstanding any other 
        provision of law, funds made available to a State to 
        carry out the [surface transportation program] surface 
        transportation block grant program under section 133 
        and the congestion mitigation and air quality 
        improvement program under section 149 may be used by 
        the State to pay a portion of the full project costs of 
        an eligible project selected under this section, 
        without requirement for non-Federal funds.
          (4) Other assistance.--Notwithstanding any other 
        provision of law, an eligible project selected under 
        this section shall be eligible for other forms of 
        financial assistance provided under this title and the 
        Transportation Equity Act for the 21st Century, 
        including loans, loan guarantees, and lines of credit.
  (i) Low-Speed Project.--
          (1) In general.--Notwithstanding any other provision 
        of this section, of the funds made available by 
        subsection (h)(1)(A) to carry out this section, 
        $5,000,000 shall be made available to the Secretary to 
        make grants for the research and development of low-
        speed superconductivity magnetic levitation technology 
        for public transportation purposes in urban areas to 
        demonstrate energy efficiency, congestion mitigation, 
        and safety benefits.
          (2) Noncontract authority authorization of 
        appropriations.--
                  (A) In general.--There are authorized to be 
                appropriated from the Highway Trust Fund (other 
                than the Mass Transit Account) to carry out 
                this subsection such sums as are necessary for 
                each of fiscal years 2000 through 2003.
                  (B) Availability.--Notwithstanding section 
                118(a), funds made available under subparagraph 
                (A)--
                          (i) shall not be available in advance 
                        of an annual appropriation; and
                          (ii) shall remain available until 
                        expended.

           *       *       *       *       *       *       *


Sec. 327. Surface transportation project delivery program

  (a) Establishment.--
          (1) In general.--The Secretary shall carry out a 
        surface transportation project delivery program 
        (referred to in this section as the ``program'').
          (2) Assumption of responsibility.--
                  (A) In general.--Subject to the other 
                provisions of this section, with the written 
                agreement of the Secretary and a State, which 
                may be in the form of a memorandum of 
                understanding, the Secretary may assign, and 
                the State may assume, the responsibilities of 
                the Secretary with respect to one or more 
                highway projects within the State under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                  (B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                          (i) the Secretary may assign to the 
                        State, and the State may assume, all or 
                        part of the responsibilities of the 
                        Secretary for environmental review, 
                        consultation, or other action required 
                        under any Federal environmental law 
                        pertaining to the review or approval of 
                        a specific project;
                          (ii) at the request of the State, the 
                        Secretary may also assign to the State, 
                        and the State may assume, the 
                        responsibilities of the Secretary with 
                        respect to 1 or more railroad, public 
                        transportation, or multimodal projects 
                        within the State under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          (iii) in a State that has assumed the 
                        responsibilities of the Secretary under 
                        clause (ii), a recipient of assistance 
                        under chapter 53 of title 49 may 
                        request that the Secretary maintain the 
                        responsibilities of the Secretary with 
                        respect to 1 or more public 
                        transportation projects within the 
                        State under the National Environmental 
                        Policy Act of 1969 [(42 U.S.C. 13 4321 
                        et seq.)] (42 U.S.C. 4321 et seq.); but
                          (iv) the Secretary may not assign--
                                  (I) any responsibility 
                                imposed on the Secretary by 
                                section 134 or 135 or section 
                                5303 or 5304 of title 49; or
                                  (II) responsibility for any 
                                conformity determination 
                                required under section 176 of 
                                the Clean Air Act (42 U.S.C. 
                                7506).
                  (C) Procedural and substantive 
                requirements.--A State shall assume 
                responsibility under this section subject to 
                the same procedural and substantive 
                requirements as would apply if that 
                responsibility were carried out by the 
                Secretary.
                  (D) Federal responsibility.--Any 
                responsibility of the Secretary not explicitly 
                assumed by the State by written agreement under 
                this section shall remain the responsibility of 
                the Secretary.
                  (E) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of 
                an agency, other than the Department of 
                Transportation, under applicable law (including 
                regulations) with respect to a project.
                  (F) Preservation of flexibility.--The 
                Secretary may not require a State, as a 
                condition of participation in the program, to 
                forego project delivery methods that are 
                otherwise permissible for projects.
                  (G) Legal fees.--A State assuming the 
                responsibilities of the Secretary under this 
                section for a specific project may use funds 
                apportioned to the State under section 
                104(b)(2) for attorneys' fees directly 
                attributable to eligible activities associated 
                with the project.
  (b) State Participation.--
          (1) Participating States.--All States are eligible to 
        participate in the program.
          (2) Application.--Not later than 270 days after the 
        date on which amendments to this section by the MAP-21 
        take effect, the Secretary shall amend, as appropriate, 
        regulations that establish requirements relating to 
        information required to be contained in any application 
        of a State to participate in the program, including, at 
        a minimum--
                  (A) the projects or classes of projects for 
                which the State anticipates exercising the 
                authority that may be granted under the 
                program;
                  (B) verification of the financial resources 
                necessary to carry out the authority that may 
                be granted under the program; and
                  (C) evidence of the notice and solicitation 
                of public comment by the State relating to 
                participation of the State in the program, 
                including copies of comments received from that 
                solicitation.
          (3) Public notice.--
                  (A) In general.--Each State that submits an 
                application under this subsection shall give 
                notice of the intent of the State to 
                participate in the program not later than 30 
                days before the date of submission of the 
                application.
                  (B) Method of notice and solicitation.--The 
                State shall provide notice and solicit public 
                comment under this paragraph by publishing the 
                complete application of the State in accordance 
                with the appropriate public notice law of the 
                State.
          (4) Selection criteria.--The Secretary may approve 
        the application of a State under this section only if--
                  (A) the regulatory requirements under 
                paragraph (2) have been met;
                  (B) the Secretary determines that the State 
                has the capability, including financial and 
                personnel, to assume the responsibility; and
                  (C) the head of the State agency having 
                primary jurisdiction over highway matters 
                enters into a written agreement with the 
                Secretary described in subsection (c).
          (5) Other Federal agency views.--If a State applies 
        to assume a responsibility of the Secretary that would 
        have required the Secretary to consult with another 
        Federal agency, the Secretary shall solicit the views 
        of the Federal agency before approving the application.
  (c) Written Agreement.--A written agreement under this 
section shall--
          (1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged 
        with responsibility for highway construction;
          (2) be in such form as the Secretary may prescribe;
          (3) provide that the State--
                  (A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a);
                  (B) expressly consents, on behalf of the 
                State, to accept the jurisdiction of the 
                Federal courts for the compliance, discharge, 
                and enforcement of any responsibility of the 
                Secretary assumed by the State;
                  (C) certifies that State laws (including 
                regulations) are in effect that--
                          (i) authorize the State to take the 
                        actions necessary to carry out the 
                        responsibilities being assumed; and
                          (ii) 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
                  (D) agrees to maintain the financial 
                resources necessary to carry out the 
                responsibilities being assumed;
          (4) require 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;
          (5) have a term of not more than 5 years; and
          (6) be renewable.
  (d) Jurisdiction.--
          (1) In general.--The United States district courts 
        shall have exclusive jurisdiction over any civil action 
        against a State for failure to carry out any 
        responsibility of the State under this section.
          (2) Legal standards and requirements.--A civil action 
        under paragraph (1) shall be governed by the legal 
        standards and requirements that would apply in such a 
        civil action against the Secretary had the Secretary 
        taken the actions in question.
          (3) Intervention.--The Secretary shall have the right 
        to intervene in any action described in paragraph (1).
  (e) Effect of Assumption of Responsibility.--A State that 
assumes responsibility under subsection (a)(2) shall be solely 
responsible and solely liable for carrying out, in lieu of and 
without further approval of the Secretary, the responsibilities 
assumed under subsection (a)(2), until the program is 
terminated as provided in subsection (j).
  (f) Limitations on Agreements.--Nothing in this section 
permits a State to assume any rulemaking authority of the 
Secretary under any Federal law.
  (g) Audits.--
          [(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 
        conduct--
                  [(A) semiannual audits during each of the 
                first 2 years of State participation; and
                  [(B) annual audits during each of the third 
                and fourth years of State participation.]
          (1) In general.--To ensure compliance by a State with 
        any agreement of the State under subsection (c) 
        (including compliance by the State with all Federal 
        laws for which responsibility is assumed under 
        subsection (a)(2)), for each State participating in the 
        program under this section, the Secretary shall--
                  (A) not later than 6 months after execution 
                of the agreement, meet with the State to review 
                implementation of the agreement and discuss 
                plans for the first annual audit;
                  (B) conduct annual audits during each of the 
                first 4 years of State participation; and
                  (C) ensure that the time period for 
                completing an annual audit, from initiation to 
                completion (including public comment and 
                responses to those comments), does not exceed 
                180 days.
          (2) Public availability and comment.--
                  (A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public 
                for comment.
                  (B) Response.--Not later than 60 days after 
                the date on which the period for public comment 
                ends, the Secretary shall respond to public 
                comments received under subparagraph (A).
          (3) Audit team.--An audit conducted under paragraph 
        (1) shall be carried out by an audit team determined by 
        the Secretary, in consultation with the State. Such 
        consultation shall include a reasonable opportunity for 
        the State to review and provide comments on the 
        proposed members of the audit team.
  (h) Monitoring.--After the fourth year of the participation 
of a State in the program, the Secretary shall monitor 
compliance by the State with the written agreement, including 
the provision by the State of financial resources to carry out 
the written agreement.
  (i) Report to Congress.--The Secretary shall submit to 
Congress an annual report that describes the administration of 
the program.
  (j) Termination.--
          (1) Termination by the 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) notification of the determination 
                        of noncompliance; and
                          (ii) a period of at least 30 days 
                        during which to take such corrective 
                        action as the Secretary determines is 
                        necessary to comply with the applicable 
                        agreement; and
                  (C) the State, after the notification and 
                period provided under subparagraph (B), fails 
                to take satisfactory corrective action, as 
                determined by the Secretary.
          (2) Termination by the State.--The State may 
        terminate the participation of the State in the program 
        at any time by providing to the Secretary a notice by 
        not later than the date that is 90 days before the date 
        of termination, and subject to such terms and 
        conditions as the Secretary may provide.
  (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. 329. Eligibility for control of noxious weeds and aquatic noxious 
                    weeds and establishment of native species

  (a) In General.--In accordance with all applicable Federal 
law (including regulations), funds made available to carry out 
this section may be used for the following activities if such 
activities are related to transportation projects funded under 
this title:
          (1) Establishment of plants selected by State and 
        local transportation authorities to perform one or more 
        of the following functions: abatement of stormwater 
        runoff, stabilization of soil, provision of habitat, 
        forage, and migratory way stations for Monarch 
        butterflies, other native pollinators, and honey bees, 
        and aesthetic enhancement.
          (2) Management of plants which impair or impede the 
        establishment, maintenance, or safe use of a 
        transportation system.
  (b) Included Activities.--The establishment and management 
under subsection (a)(1) and (a)(2) may include--
          (1) right-of-way surveys to determine management 
        requirements to control Federal or State noxious weeds 
        as defined in the Plant Protection Act (7 U.S.C. 7701 
        et seq.) or State law, and brush or tree species, 
        whether native or nonnative, that may be considered by 
        State or local transportation authorities to be a 
        threat with respect to the safety or maintenance of 
        transportation systems;
          (2) establishment of plants, whether native or 
        nonnative with a preference for native to the maximum 
        extent possible, for the purposes defined in subsection 
        (a)(1);
          (3) control or elimination of plants as defined in 
        subsection (a)(2);
          (4) elimination of plants to create fuel breaks for 
        the prevention and control of wildfires; and
          (5) training.
  (c) Contributions.--
          (1) In general.--Subject to paragraph (2), an 
        activity described in subsection (a) may be carried out 
        concurrently with, in advance of, or following the 
        construction of a project funded under this title.
          (2) Condition for activities conducted in advance of 
        project construction.--An activity described in 
        subsection (a) may be carried out in advance of 
        construction of a project only if the activity is 
        carried out in accordance with all applicable 
        requirements of Federal law (including regulations) and 
        State transportation planning processes.

Sec. 330. Program for eliminating duplication of environmental reviews

  (a) Establishment.--
          (1) In general.--The Secretary shall establish a 
        pilot program to authorize States that are approved to 
        participate in the program to conduct environmental 
        reviews and make approvals for projects under State 
        environmental laws and regulations instead of Federal 
        environmental laws and regulations, consistent with the 
        requirements of this section.
          (2) Participating states.--The Secretary may select 
        not more than 5 States to participate in the program.
          (3) Alternative review and approval procedures.--In 
        this section, the term ``alternative environmental 
        review and approval procedures'' means--
                  (A) substitution of 1 or more State 
                environmental laws for--
                          (i) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.);
                          (ii) such provisions of sections 
                        109(h), 128, and 139 related to the 
                        application of that Act that are under 
                        the authority of the Secretary, as the 
                        Secretary, in consultation with the 
                        State, considers appropriate; and
                          (iii) related regulations and 
                        Executive orders; and
                  (B) substitution of 1 or more State 
                environmental regulations for--
                          (i) the National Environmental Policy 
                        Act of 1969;
                          (ii) such provisions of sections 
                        109(h), 128, and 139 related to the 
                        application of that Act that are under 
                        the authority of the Secretary, as the 
                        Secretary, in consultation with the 
                        State, considers appropriate; and
                          (iii) related regulations and 
                        Executive orders.
  (b) Application.--To be eligible to participate in the 
program, a State shall submit to the Secretary an application 
containing such information as the Secretary may require, 
including--
          (1) a full and complete description of the proposed 
        alternative environmental review and approval 
        procedures of the State;
          (2) each Federal law described in subsection (a)(3) 
        that the State is seeking to substitute;
          (3) each State law and regulation that the State 
        intends to substitute for such Federal law, Federal 
        regulation, or Executive order;
          (4) an explanation of the basis for concluding that 
        the State law or regulation is substantially equivalent 
        to the Federal law described in subsection (a)(3);
          (5) a description of the projects or classes of 
        projects for which the State anticipates exercising the 
        authority that may be granted under the program;
          (6) verification that the State has the financial 
        resources necessary to carry out the authority that may 
        be granted under the program;
          (7) evidence of having sought, received, and 
        addressed comments on the proposed application from the 
        public; and
          (8) any such additional information as the Secretary, 
        or, with respect to section (d)(1)(A), the Secretary in 
        consultation with the Chair, may require.
  (c) Review of Application.--In accordance with subsection 
(d), the Secretary shall--
          (1) review an application submitted under subsection 
        (b);
          (2) approve or disapprove the application not later 
        than 90 days after the date of receipt of the 
        application; and
          (3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons 
        for the approval or disapproval.
  (d) Approval of Application.--
          (1) In general.--The Secretary shall approve an 
        application submitted under subsection (b) only if--
                  (A) the Secretary, with the concurrence of 
                the Chair, determines that the laws and 
                regulations of the State described in the 
                application are substantially equivalent to the 
                Federal laws that the State is seeking to 
                substitute;
                  (B) the Secretary determines that the State 
                has the capacity, including financial and 
                personnel, to assume the responsibility; and
                  (C) the State has executed an agreement with 
                the Secretary, in accordance with section 327, 
                providing for environmental review, 
                consultation, or other action under Federal 
                environmental laws pertaining to the review or 
                approval of a specific project.
          (2) Exclusion.--The National Environmental Policy Act 
        of 1969 shall not apply to a decision by the Secretary 
        to approve or disapprove an application submitted under 
        this section.
  (e) Judicial Review.--
          (1) In general.--The United States district courts 
        shall have exclusive jurisdiction over any civil action 
        against a State--
                  (A) for failure of the State to meet the 
                requirements of this section; or
                  (B) if the action involves the exercise of 
                authority by the State under this section and 
                section 327.
          (2) State jurisdiction.--A State court shall have 
        exclusive jurisdiction over any civil action against a 
        State if the action involves the exercise of authority 
        by the State under this section not covered by 
        paragraph (1).
  (f) Election.--At its discretion, a State participating in 
the programs under this section and section 327 may elect to 
apply the National Environmental Protection Act of 1969 instead 
of the State's alternative environmental review and approval 
procedures.
  (g) Treatment of State Laws and Regulations.--To the maximum 
extent practicable and consistent with Federal law, other 
Federal agencies with authority over a project subject to this 
section shall use documents produced by a participating State 
under this section to satisfy the requirements of the National 
Environmental Policy Act of 1969.
  (h) Relationship to Locally Administered Projects.--
          (1) In general.--A State with an approved program 
        under this section, at the request of a local 
        government, may exercise authority under that program 
        on behalf of up to 10 local governments for locally 
        administered projects.
          (2) Scope.--For up to 10 local governments selected 
        by a State with an approved program under this section, 
        the State shall be responsible for ensuring that any 
        environmental review, consultation, or other action 
        required under the National Environmental Policy Act of 
        1969 or the State program, or both, meets the 
        requirements of such Act or program.
  (i) Review and Termination.--
          (1) In general.--A State program approved under this 
        section shall at all times be in accordance with the 
        requirements of this section.
          (2) Review.--The Secretary shall review each State 
        program approved under this section not less than once 
        every 5 years.
          (3) Public notice and comment.--In conducting the 
        review process under paragraph (2), the Secretary shall 
        provide notice and an opportunity for public comment.
          (4) Withdrawal of approval.--If the Secretary, in 
        consultation with the Chair, determines at any time 
        that a State is not administering a State program 
        approved under this section in accordance with the 
        requirements of this section, the Secretary shall so 
        notify the State, and if appropriate corrective action 
        is not taken within a reasonable time, not to exceed 90 
        days, the Secretary shall withdraw approval of the 
        State program.
          (5) Extensions and terminations.--At the conclusion 
        of the review process under paragraph (2), the 
        Secretary may extend for an additional 5-year period or 
        terminate the authority of a State under this section 
        to substitute that State's laws and regulations for 
        Federal laws.
  (j) Report to Congress.--Not later than 2 years after the 
date of enactment of this section, and annually thereafter, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report that describes the administration of the program, 
including--
          (1) the number of States participating in the 
        program;
          (2) the number and types of projects for which each 
        State participating in the program has used alternative 
        environmental review and approval procedures; and
          (3) any recommendations for modifications to the 
        program.
  (k) Definitions.--In this section, the following definitions 
apply:
          (1) Chair.--The term ``Chair'' means the Chair of the 
        Council on Environmental Quality.
          (2) Multimodal project.--The term ``multimodal 
        project'' has the meaning given that term in section 
        139(a).
          (3) Program.--The term ``program'' means the pilot 
        program established under this section.
          (4) Project.--The term ``project'' means--
                  (A) a project requiring approval under this 
                title, chapter 53 of subtitle III of title 49, 
                or subtitle V of title 49; and
                  (B) a multimodal project.

           *       *       *       *       *       *       *


                       CHAPTER 4--HIGHWAY SAFETY

Sec.
401. Authority of the Secretary.
     * * * * * * *
[404. National Highway Safety Advisory Committee.]
404. High-visibility enforcement program.
     * * * * * * *

Sec. 402. Highway safety programs

  (a) Program Required.--
          (1) In general.--Each State shall have a highway 
        safety program, approved by the Secretary, that is 
        designed to reduce traffic accidents and the resulting 
        deaths, injuries, and property damage.
          (2) Uniform guidelines.--Programs required under 
        paragraph (1) shall comply with uniform guidelines, 
        promulgated by the Secretary and expressed in terms of 
        performance criteria, that--
                  (A) include programs--
                          (i) to reduce injuries and deaths 
                        resulting from motor vehicles being 
                        driven in excess of posted speed 
                        limits;
                          (ii) to encourage the proper use of 
                        occupant protection devices (including 
                        the use of safety belts and child 
                        restraint systems) by occupants of 
                        motor vehicles;
                          (iii) to reduce injuries and deaths 
                        resulting from persons driving motor 
                        vehicles while impaired by alcohol or a 
                        controlled substance;
                          (iv) to prevent accidents and reduce 
                        injuries and deaths resulting from 
                        accidents involving motor vehicles and 
                        motorcycles;
                          (v) to reduce injuries and deaths 
                        resulting from accidents involving 
                        school buses;
                          (vi) to reduce accidents resulting 
                        from unsafe driving behavior (including 
                        aggressive or fatigued driving and 
                        distracted driving arising from the use 
                        of electronic devices in vehicles); 
                        [and]
                          (vii) to improve law enforcement 
                        services in motor vehicle accident 
                        prevention, traffic supervision, and 
                        post- accident procedures; and
                          (viii) to increase driver awareness 
                        of commercial motor vehicles to prevent 
                        crashes and reduce injuries and 
                        fatalities;
                  (B) improve driver performance, including--
                          (i) driver education;
                          (ii) driver testing to determine 
                        proficiency to operate motor vehicles; 
                        and
                          (iii) driver examinations (physical, 
                        mental, and driver licensing);
                  (C) improve pedestrian performance and 
                bicycle safety;
                  (D) include provisions for--
                          (i) an effective record system of 
                        accidents (including resulting injuries 
                        and deaths);
                          (ii) accident investigations to 
                        determine the probable causes of 
                        accidents, injuries, and deaths;
                          (iii) vehicle registration, 
                        operation, and inspection; and
                          (iv) emergency services; and
                  (E) to the extent determined appropriate by 
                the Secretary, are applicable to federally 
                administered areas where a Federal department 
                or agency controls the highways or supervises 
                traffic operations.
  (b) Administration of State Programs.--
          (1) Administrative requirements.--The Secretary may 
        not approve a State highway safety program under this 
        section which does not--
                  (A) provide that the Governor of the State 
                shall be responsible for the administration of 
                the program through a State highway safety 
                agency which shall have adequate powers and be 
                suitably equipped and organized to carry out, 
                to the satisfaction of the Secretary, such 
                program;
                  (B) authorize political subdivisions of the 
                State to carry out local highway safety 
                programs within their jurisdictions as a part 
                of the State highway safety program if such 
                local highway safety programs are approved by 
                the Governor and are in accordance with the 
                minimum standards established by the Secretary 
                under this section;
                  (C) except as provided in [paragraph (3)] 
                paragraph (2), provide that at least 40 percent 
                of all Federal funds apportioned under this 
                section to the State for any fiscal year will 
                be expended by the political subdivisions of 
                the State, including Indian tribal governments, 
                in carrying out local highway safety programs 
                authorized in accordance with subparagraph (B);
                  (D) provide adequate and reasonable access 
                for the safe and convenient movement of 
                individuals with disabilities, including those 
                in wheelchairs, across curbs constructed or 
                replaced on or after July 1, 1976, at all 
                pedestrian crosswalks throughout the State;
                  (E) beginning on the first day of the first 
                fiscal year after the date of enactment of the 
                Motor Vehicle and Highway Safety Improvement 
                Act of 2012 [in which] for which a State 
                submits its highway safety plan [under 
                subsection (f)] under subsection (k), provide 
                for a data-driven traffic safety enforcement 
                program to prevent traffic violations, crashes, 
                and crash fatalities and injuries in areas most 
                at risk for such incidents, to the satisfaction 
                of the Secretary;
                  (F) provide satisfactory assurances that the 
                State will implement activities in support of 
                national highway safety goals to reduce motor 
                vehicle related fatalities that also reflect 
                the primary data-related crash factors within a 
                State as identified by the State highway safety 
                planning process, including--
                          (i) national law enforcement 
                        mobilizations and high-visibility law 
                        enforcement mobilizations coordinated 
                        by the Secretary;
                          (ii) sustained enforcement of 
                        statutes addressing impaired driving, 
                        occupant protection, and driving in 
                        excess of posted speed limits;
                          (iii) an annual statewide safety belt 
                        use survey in accordance with criteria 
                        established by the Secretary for the 
                        measurement of State safety belt use 
                        rates to ensure that the measurements 
                        are accurate and representative;
                          (iv) development of statewide data 
                        systems to provide timely and effective 
                        data analysis to support allocation of 
                        highway safety resources; and
                          (v) ensuring that the State will 
                        coordinate its highway safety plan, 
                        data collection, and information 
                        systems with the State strategic 
                        highway safety plan (as defined in 
                        section 148(a)).
          (2) Waiver.--The Secretary may waive the requirement 
        of paragraph (1)(C), in whole or in part, for a fiscal 
        year for any State whenever the Secretary determines 
        that there is an insufficient number of local highway 
        safety programs to justify the expenditure in the State 
        of such percentage of Federal funds during the fiscal 
        year.
  (c) Use of Funds.--
          (1) In general.--Funds authorized to be appropriated 
        to carry out this section shall be used to aid the 
        States to conduct the highway safety programs approved 
        in accordance with subsection (a), including 
        development and implementation of manpower training 
        programs, and of demonstration programs that the 
        Secretary determines will contribute directly to the 
        reduction of accidents, and deaths and injuries 
        resulting therefrom.
          (2) Apportionment.--Except for amounts identified in 
        section 403(f), funds described in paragraph (1) shall 
        be apportioned 75 per centum in the ratio which the 
        population of each State bears to the total population 
        of all the States, as shown by the latest available 
        Federal census, and 25 per centum in the ratio which 
        the public road mileage in each State bears to the 
        total public road mileage in all States. For the 
        purposes of this subsection, a ``public road'' means 
        any road under the jurisdiction of and maintained by a 
        public authority and open to public travel. Public road 
        mileage as used in this subsection shall be determined 
        as of the end of the calendar year preceding the year 
        in which the funds are apportioned and shall be 
        certified to by the Governor of the State and subject 
        to approval by the Secretary. The annual apportionment 
        to each State shall not be less than three-quarters of 
        1 percent of the total apportionment, except that the 
        apportionment to the Secretary of the Interior shall 
        not be less than 2 percent of the total apportionment 
        and the apportionments to the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands shall not be less than one-quarter of 1 
        per centum of the total apportionment. A highway safety 
        program approved by the Secretary shall not include any 
        requirement that a State implement such a program by 
        adopting or enforcing any law, rule, or regulation 
        based on a guideline promulgated by the Secretary under 
        this section requiring any motorcycle operator eighteen 
        years of age or older or passenger eighteen years of 
        age or older to wear a safety helmet when operating or 
        riding a motorcycle on the streets and highways of that 
        State. Implementation of a highway safety program under 
        this section shall not be construed to require the 
        Secretary to require compliance with every uniform 
        guideline, or with every element of every uniform 
        guideline, in every State. A State may use the funds 
        apportioned under this section, in cooperation with 
        neighboring States, for highway safety programs or 
        related projects that may confer benefits on such 
        neighboring States. Funds apportioned under this 
        section to any State, that does not have a highway 
        safety program approved by the Secretary or that is not 
        implementing an approved program, shall be reduced by 
        amounts equal to not less than 20 percent of the 
        amounts that would otherwise be apportioned to the 
        State under this section, until such time as the 
        Secretary approves such program or determines that the 
        State is implementing an approved program, as 
        appropriate. The Secretary shall consider the gravity 
        of the State's failure to have or implement an approved 
        program in determining the amount of the reduction.
          (3) Reapportionment.--The Secretary shall promptly 
        apportion the funds withheld from a State's 
        apportionment to the State if the Secretary approves 
        the State's highway safety program or determines that 
        the State has begun implementing an approved program, 
        as appropriate, not later than July 31st of the fiscal 
        year for which the funds were withheld. If the 
        Secretary determines that the State did not correct its 
        failure within such period, the Secretary shall 
        reapportion the withheld funds to the other States in 
        accordance with the formula specified in paragraph (2) 
        not later than the last day of the fiscal year.
          (4) Automated traffic enforcement systems.--
                  (A) Prohibition.--A State may not expend 
                funds apportioned to that State under this 
                section to carry out a program to purchase, 
                operate, or maintain an automated traffic 
                enforcement system.
                  (B) Automated traffic enforcement system 
                defined.--In this paragraph, the term 
                ``automated traffic enforcement system'' means 
                any camera which captures an image of a vehicle 
                for the purposes only of red light and speed 
                enforcement, and does not include hand held 
                radar and other devices operated by law 
                enforcement officers to make an on-the-scene 
                traffic stop, issue a traffic citation, or 
                other enforcement action at the time of the 
                violation.
                  (C) Survey.--A State shall expend funds 
                apportioned to that State under this section to 
                conduct a biennial survey that the Secretary 
                shall make publicly available through the 
                Internet Web site of the Department of 
                Transportation that includes--
                          (i) a list of automated traffic 
                        enforcement systems in the State;
                          (ii) adequate data to measure the 
                        transparency, accountability, and 
                        safety attributes of each automated 
                        traffic enforcement system; and
                          (iii) a comparison of each automated 
                        traffic enforcement system with--
                                  (I) Speed Enforcement Camera 
                                Systems Operational Guidelines 
                                (DOT HS 810 916, March 2008); 
                                and
                                  (II) Red Light Camera Systems 
                                Operational Guidelines (FHWA-
                                SA-05-002, January 2005).
  (d) All provisions of chapter 1 of this title that are 
applicable to National Highway System highway funds other than 
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid 
systems, shall apply to the highway safety funds authorized to 
be appropriated to carry out this section, except as determined 
by the Secretary to be inconsistent with this section, and 
except that the aggregate of all expenditures made during any 
fiscal year by a State and its political subdivisions 
(exclusive of Federal funds) for carrying out the State highway 
safety program (other than planning and administration) shall 
be available for the purpose of crediting such State during 
such fiscal year for the non-Federal share of the cost of any 
project under this section (other than one for planning or 
administration) without regard to whether such expenditures 
were actually made in connection with such project and except 
that, in the case of a local highway safety program carried out 
by an Indian tribe, if the Secretary is satisfied that an 
Indian tribe does not have sufficient funds available to meet 
the non-Federal share of the cost of such program, he may 
increase the Federal share of the cost thereof payable under 
this Act to the extent necessary. In applying such provisions 
of chapter 1 in carrying out this section the term ``State 
transportation department'' as used in such provisions shall 
mean the Governor of a State for the purposes of this section.
  (e) Uniform guidelines promulgated by the Secretary to carry 
out this section shall be developed in cooperation with the 
States, their political subdivisions, appropriate Federal 
departments and agencies, and such other public and private 
organizations as the Secretary deems appropriate.
  (f) The Secretary may make arrangements with other Federal 
departments and agencies for assistance in the preparation of 
uniform guidelines for the highway safety programs contemplated 
by subsection (a) and in the administration of such programs. 
Such departments and agencies are directed to cooperate in such 
preparation and administration, on a reimbursable basis.
  [(g) Savings Provision.--
          [(1) In general.--Except as provided under paragraph 
        (2), nothing in this section may be construed to 
        authorize the appropriation or expenditure of funds 
        for--
                  [(A) highway construction, maintenance, or 
                design (other than design of safety features of 
                highways to be incorporated into guidelines); 
                or
                  [(B) any purpose for which funds are 
                authorized under section 403.
          [(2) Demonstration projects.--A State may use funds 
        made available to carry out this section to assist in 
        demonstration projects carried out by the Secretary 
        under section 403.]
  (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).
  (h) Application in Indian Country.--
          (1) Use of terms.--For the purpose of application of 
        this section in Indian country, the terms ``State'' and 
        ``Governor of a State'' include the Secretary of the 
        Interior and the term ``political subdivision of a 
        State'' includes an Indian tribe.
          (2) Expenditures for local highway programs.--
        Notwithstanding subsection (b)(1)(C), 95 percent of the 
        funds apportioned to the Secretary of the Interior 
        under this section shall be expended by Indian tribes 
        to carry out highway safety programs within their 
        jurisdictions.
          (3) Access for individuals with disabilities.--The 
        requirements of subsection (b)(1)(D) shall be 
        applicable to Indian tribes, except to those tribes 
        with respect to which the Secretary determines that 
        application of such provisions would not be 
        practicable.
          (4) Indian country defined.--In this subsection, the 
        term ``Indian country'' means--
                  (A) all land within the limits of any Indian 
                reservation under the jurisdiction of the 
                United States, notwithstanding the issuance of 
                any patent and including rights-of-way running 
                through the reservation;
                  (B) all dependent Indian communities within 
                the borders of the United States, whether 
                within the original or subsequently acquired 
                territory thereof and whether within or without 
                the limits of a State; and
                  (C) all Indian allotments, the Indian titles 
                to which have not been extinguished, including 
                rights-of-way running through such allotments.
  (i) Rulemaking Proceeding.--The Secretary may periodically 
conduct a rulemaking process to identify highway safety 
programs that are highly effective in reducing motor vehicle 
crashes, injuries, and deaths. Any such rulemaking shall take 
into account the major role of the States in implementing such 
programs. When a rule promulgated in accordance with this 
section takes effect, States shall consider these highly 
effective programs when developing their highway safety 
programs.
  (j) Law Enforcement Vehicular Pursuit Training.--A State 
shall actively encourage all relevant law enforcement agencies 
in such State to follow the guidelines established for 
vehicular pursuits issued by the International Association of 
Chiefs of Police that are in effect on the date of enactment of 
this subsection or as revised and in effect after such date as 
determined by the Secretary.
  (k) Highway Safety Plan and Reporting Requirements.--
          (1) In general.--With respect to fiscal year 2014, 
        and each fiscal year thereafter, the Secretary shall 
        require each State, as a condition of the approval of 
        the State's highway safety program for that fiscal 
        year, to develop and submit to the Secretary for 
        approval a highway safety plan that complies with the 
        requirements under this subsection.
          (2) Timing.--Each State shall submit to the Secretary 
        the highway safety plan not later than July 1st of the 
        fiscal year preceding the fiscal year to which the plan 
        applies.
          (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.
          [(3)] (4) Contents.--State highway safety plans 
        submitted under paragraph (1) shall include--
                  (A) performance measures required by the 
                Secretary or otherwise necessary to support 
                additional State safety goals, including--
                          (i) documentation of current safety 
                        levels for each performance measure;
                          (ii) quantifiable annual performance 
                        targets for each performance measure; 
                        and
                          (iii) a justification for each 
                        performance target, that explains why 
                        each target is appropriate and 
                        evidence- based;
                  (B) a strategy for programming funds 
                apportioned to the State under this section on 
                projects and activities that will allow the 
                State to meet the performance targets described 
                in subparagraph (A);
                  (C) data and data analysis supporting the 
                effectiveness of proposed countermeasures;
                  (D) a description of any Federal, State, 
                local, or private funds that the State plans to 
                use, in addition to funds apportioned to the 
                State under this section, to carry out the 
                strategy described in subparagraph (B);
                  (E) for the fiscal year preceding the fiscal 
                year to which the plan applies, a report on the 
                State's success in meeting State safety goals 
                and performance targets set forth in the 
                previous year's highway safety plan; and
                  (F) an application for any additional grants 
                available to the State under this chapter.
          [(4)] (5) Performance measures.--For the first 
        highway safety plan submitted under this subsection, 
        the performance measures required by the Secretary 
        [under paragraph (2)(A)] under paragraph (3)(A) shall 
        be limited to those developed by the National Highway 
        Traffic Safety Administration and the Governor's 
        Highway Safety Association and described in the report, 
        ``Traffic Safety Performance Measures for States and 
        Federal Agencies'' (DOT HS 811 025). For subsequent 
        highway safety plans, the Secretary shall coordinate 
        with the Governor's Highway Safety Association in 
        making revisions to the set of required performance 
        measures.
          [(5)] (6) Review of highway safety plans.--
                  (A) In general.--Not later than 60 days after 
                the date on which a State's highway safety plan 
                is received by the Secretary, the Secretary 
                shall review and approve or disapprove the 
                plan.
                  (B) Approvals and disapprovals.--
                          (i) Approvals.--The Secretary shall 
                        approve a State's highway safety plan 
                        if the Secretary determines that--
                                  (I) the plan and the 
                                performance targets contained 
                                in the plan are evidence-based 
                                and supported by data; and
                                  (II) the plan, once 
                                implemented, will allow the 
                                State to meet the State's 
                                performance targets.
                          (ii) Disapprovals.--The Secretary 
                        shall disapprove a State's highway 
                        safety plan if the Secretary determines 
                        that--
                                  (I) the plan and the 
                                performance targets contained 
                                in the plan are not evidence-
                                based or supported by data; or
                                  (II) the plan does not 
                                provide for programming of 
                                funding in a manner sufficient 
                                to allow the State to meet the 
                                State's performance targets.
                  (C) Actions upon disapproval.--If the 
                Secretary disapproves a State's highway safety 
                plan, the Secretary shall--
                          (i) inform the State of the reasons 
                        for such disapproval; and
                          (ii) require the State to resubmit 
                        the plan with any modifications that 
                        the Secretary determines to be 
                        necessary.
                  (D) Review of resubmitted plans.--If the 
                Secretary requires a State to resubmit a 
                highway safety plan, with modifications, the 
                Secretary shall review and approve or 
                disapprove the modified plan not later than 30 
                days after the date on which the Secretary 
                receives such plan.
                  (E) Public notice.--A State shall make the 
                State's highway safety plan, and decisions of 
                the Secretary concerning approval or 
                disapproval of a revised plan, available to the 
                public.
  (m) Teen Traffic Safety.--
          (1) In general.--Subject to the requirements of a 
        State's highway safety plan, as approved by the 
        Secretary under subsection (k), a State may use a 
        portion of the amounts received under this section to 
        implement statewide efforts to improve traffic safety 
        for teen drivers.
          (2) Use of funds.--Statewide efforts under paragraph 
        (1)--
                  (A) shall include peer-to-peer education and 
                prevention strategies in schools and 
                communities designed to--
                          (i) increase safety belt use;
                          (ii) reduce speeding;
                          (iii) reduce impaired and distracted 
                        driving;
                          (iv) reduce underage drinking; [and]
                          (v) reduce other behaviors by teen 
                        drivers that lead to injuries and 
                        fatalities; and
                          (vi) increase driver awareness of 
                        commercial motor vehicles to prevent 
                        crashes and reduce injuries and 
                        fatalities; and
                  (B) may include--
                          (i) working with student-led groups 
                        and school advisors to plan and 
                        implement teen traffic safety programs;
                          (ii) providing subgrants to schools 
                        throughout the State to support the 
                        establishment and expansion of student 
                        groups focused on teen traffic safety;
                          (iii) providing support, training, 
                        and technical assistance to establish 
                        and expand school and community safety 
                        programs for teen drivers;
                          (iv) creating statewide or regional 
                        websites to publicize and circulate 
                        information on teen safety programs;
                          (v) conducting outreach and providing 
                        educational resources for parents;
                          (vi) establishing State or regional 
                        advisory councils comprised of teen 
                        drivers to provide input and 
                        recommendations to the governor and the 
                        governor's safety representative on 
                        issues related to the safety of teen 
                        drivers;
                          (vii) collaborating with law 
                        enforcement; and
                          (viii) establishing partnerships and 
                        promoting coordination among community 
                        stakeholders, including public, not-
                        for-profit, and for profit entities.
  (n) Biennial Report to Congress.--Not later than October 1, 
2015, and biennially thereafter, the Secretary shall submit a 
report to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate that contains--
          (1) an evaluation of each State's performance with 
        respect to the State's highway safety plan under 
        subsection (k) and performance targets set by the 
        States in such plans; and
          (2) such recommendations as the Secretary may have 
        for improvements to activities carried out under 
        subsection (k).

Sec. 403. Highway safety research and development

  (a) Defined Term.--In this section, the term ``Federal 
laboratory'' includes--
          (1) a government-owned, government-operated 
        laboratory; and
          (2) a government-owned, contractor-operated 
        laboratory.
  (b) General Authority.--
          (1) Research and development activities.--The 
        Secretary may conduct research and development 
        activities, including demonstration projects and the 
        collection and analysis of highway and motor vehicle 
        safety data and related information needed to carry out 
        this section, with respect to--
                  (A) all aspects of highway and traffic safety 
                systems and conditions relating to--
                          (i) vehicle, highway, driver, 
                        passenger, motorcyclist, bicyclist, and 
                        pedestrian characteristics;
                          (ii) accident causation and 
                        investigations;
                          (iii) communications; and
                          (iv) emergency medical services, 
                        including the transportation of the 
                        injured;
                  (B) human behavioral factors and their effect 
                on highway and traffic safety, including--
                          (i) driver education;
                          (ii) impaired driving; and
                          (iii) distracted driving;
                  (C) an evaluation of the effectiveness of 
                countermeasures to increase highway and traffic 
                safety, including occupant protection and 
                alcohol- and drug-impaired driving technologies 
                and initiatives;
                  (D) the development of technologies to detect 
                drug impaired drivers;
                  (E) research on, evaluations of, and 
                identification of best practices related to 
                driver education programs (including driver 
                education curricula, instructor training and 
                certification, program administration, and 
                delivery mechanisms) and make recommendations 
                for harmonizing driver education and multistage 
                graduated licensing systems; [and]
                  (F) the installation of ignition interlocks 
                in the United States; and
                  [(F)] (G) the effect of State laws on any 
                aspects, activities, or programs described [in 
                subparagraphs (A) through (E)] in subparagraphs 
                (A) through (F).
          (2) Cooperation, grants, and contracts.--The 
        Secretary may carry out this section--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories;
                  (C) by entering into contracts, cooperative 
                agreements, and other transactions with the 
                National Academy of Sciences, any Federal 
                laboratory, State or local agency, authority, 
                association, institution, or person (as defined 
                in chapter 1 of title 1); or
                  (D) by making grants to the National Academy 
                of Sciences, any Federal laboratory, State or 
                local agency, authority, association, 
                institution, or person (as defined in chapter 1 
                of title 1).
  (c) Collaborative Research and Development.--
          (1) In general.--To encourage innovative solutions to 
        highway safety problems, stimulate voluntary 
        improvements in highway safety, and stimulate the 
        marketing of new highway safety related technology by 
        private industry, the Secretary is authorized to carry 
        out, on a cost-shared basis, collaborative research and 
        development with--
                  (A) non-Federal entities, including State and 
                local governments, colleges, universities, 
                corporations, partnerships, sole 
                proprietorships, organizations, and trade 
                associations that are incorporated or 
                established under the laws of any State or the 
                United States; and
                  (B) Federal laboratories.
          (2) Agreements.--In carrying out this subsection, the 
        Secretary may enter into cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a)) in which the Secretary provides not more 
        than 50 percent of the cost of any research or 
        development project under this subsection.
          (3) Use of technology.--The research, development, or 
        use of any technology pursuant to an agreement under 
        this subsection, including the terms under which 
        technology may be licensed and the resulting royalties 
        may be distributed, shall be subject to the provisions 
        of the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3701 et seq.).
  (d) Title to Equipment.--In furtherance of the purposes set 
forth in section 402, the Secretary may vest title to equipment 
purchased for demonstration projects with funds authorized 
under this section to State or local agencies on such terms and 
conditions as the Secretary determines to be appropriate.
  (e) Prohibition on Certain Disclosures.--Any report of the 
National Highway Traffic Safety Administration, or of any 
officer, employee, or contractor of the National Highway 
Traffic Safety Administration, relating to any highway traffic 
accident or the investigation of such accident conducted 
pursuant to this chapter or [chapter 301] chapter 301 of title 
49 may only be made available to the public in a manner that 
does not identify individuals.
  (f) Cooperative Research and Evaluation.--
          (1) Establishment and funding.--Notwithstanding the 
        apportionment formula set forth in section 402(c)(2), 
        $2,500,000 of the total amount available for 
        apportionment to the States for highway safety programs 
        under subsection 402(c) in each fiscal year ending 
        before October 1, 2015, and $198,087 of the total 
        amount available for apportionment to the States for 
        highway safety programs under section 402(c) in the 
        period beginning on October 1, 2015, and ending on 
        October 29, 2015, shall be available for expenditure by 
        the Secretary, acting through the Administrator of the 
        National Highway Traffic Safety Administration, for a 
        cooperative research and evaluation program to research 
        and evaluate priority highway safety countermeasures.
          (2) Administration.--The program established under 
        paragraph (1)--
                  (A) shall be administered by the 
                Administrator of the National Highway Traffic 
                Safety Administration; and
                  (B) shall be jointly managed by the Governors 
                Highway Safety Association and the National 
                Highway Traffic Safety Administration.
  (g) International Cooperation.--The Administrator of the 
National Highway Traffic Safety Administration may participate 
and cooperate in international activities to enhance highway 
safety.
  (h) In-vehicle Alcohol Detection Device Research.--
          (1) In general.--The Administrator of the National 
        Highway Traffic Safety Administration may carry out a 
        collaborative research effort under chapter 301 of 
        title 49 on in-vehicle technology to prevent alcohol-
        impaired driving.
          [(2) Funding.--Funds provided under section 405 may 
        be made to be used by the Secretary to conduct the 
        research described in paragraph (1).]
          (2) Funding.--The Secretary shall obligate for each 
        of fiscal years 2016 through 2021, from funds made 
        available to carry out this section, except that the 
        total obligated for the period covering fiscal years 
        2016 through 2021 may not exceed $32,000,000, to 
        conduct the research described in paragraph (1).
          (3) Privacy protection.--If the Administrator 
        utilizes the authority under paragraph (1), the 
        Administrator shall not develop requirements for any 
        device or means of technology to be installed in an 
        automobile intended for retail sale that records a 
        driver's blood alcohol concentration.
          (4) Reports.--If the Administrator conducts the 
        research authorized under paragraph (1), the 
        Administrator shall submit an annual report to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and 
        Committee on Science, Space, and Technology of the 
        House of Representatives that--
                  (A) describes the progress made in carrying 
                out the collaborative research effort; and
                  (B) includes an accounting for the use of 
                Federal funds obligated or expended in carrying 
                out that effort.
          (5) Definitions.--In this subsection:
                  (A) Alcohol-impaired driving.--The term 
                ``alcohol-impaired driving'' means the 
                operation of a motor vehicle (as defined in 
                section 30102(a)(6) of title 49) by an 
                individual whose blood alcohol content is at or 
                above the legal limit.
                  (B) Legal limit.--The term ``legal limit'' 
                means a blood alcohol concentration of 0.08 
                percent or greater (as set forth in section 
                163(a)) or such other percentage limitation as 
                may be established by applicable Federal, 
                State, or local law.
  (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. 404. National Highway Safety Advisory Committee

  [(a)(1) There is established in the Department of 
Transportation a National Highway Safety Advisory Committee, 
composed of the Secretary or an officer of the Department 
appointed by him, the Federal Highway Administrator, the 
National Highway Traffic Safety Administrator, and thirty-five 
members appointed by the President, no more than four of whom 
shall be Federal officers or employees. The Secretary shall 
select the Chairman of the Committee from among the Committee 
members. The appointed members, having due regard for the 
purposes of this chapter, shall be selected from among 
representatives of various State and local governments, 
including State legislatures, of public and private interests 
contributing to, affected by, or concerned with highway safety, 
including the national organizations of passenger car, bus, and 
truck owners, and of other public and private agencies, 
organizations, or groups demonstrating an active interest in 
highway safety, as well as research scientists and other 
individuals who are expert in this field.
  [(2)(A) Each member appointed by the President shall hold 
office for a term of three years, except that (i) any member 
appointed to fill a vacancy occurring prior to the expiration 
of the term for which his predecessor was appointed shall be 
appointed for the remainder of such term, and (ii) the terms of 
office of members first taking office after the date of 
enactment of this section shall expire as follows: Twelve at 
the end of one year after the date such committee members are 
appointed by the President, twelve at the end of two years 
after the date such committee members are appointed by the 
President, and eleven at the end of three years after the date 
such committee members are appointed, as designated by the 
President at the time of appointment, and (iii) the term of any 
member shall be extended until the date on which the 
successor's appointment is effective. None of the members 
appointed by the President who has served a three-year term, 
other than Federal officers or employees, shall be eligible for 
reappointment within one year following the end of his 
preceding term.
  [(B) Members of the Committee who are not officers or 
employees of the United States shall, while attending meetings 
or conferences of such Committee or otherwise engaged in the 
business of such Committee, be entitled to receive compensation 
at a rate fixed by the Secretary, but not exceeding $100 per 
diem, including traveltime, and while away from their homes or 
regular places of business they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized in 
section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 
73b-2) for persons in the Government service employed 
intermittently. Payments under this section shall not render 
members of the Committee employees or officials of the United 
States for any purpose.
  [(b) The National Highway Safety Advisory Committee shall 
advise, consult with, and make recommendations to, the 
Secretary on matters relating to the activities and functions 
of the Department in the field of highway safety. The Committee 
is authorized (1) to review research projects or programs 
submitted to or recommended by it in the field of highway 
safety and recommend to the Secretary, for prosecution under 
this title, any such projects which it believes show promise of 
making valuable contributions to human knowledge with respect 
to the cause and prevention of highway accidents; and (2) to 
review, prior to issuance, standards proposed to be issued by 
order of the Secretary under the provisions of section 402(a) 
of this title and to make recommendations thereon. Such 
recommendations shall be published in connection with the 
Secretary's determination or order.
  [(c) The National Highway Safety Advisory Committee shall 
meet from time to time as the Secretary shall direct, but at 
least once each year.
  [(d) The Secretary shall provide to the National Highway 
Safety Committee from among the personnel and facilities of the 
Department of Transportation such staff and facilities as are 
necessary to carry out the functions of such Committee.]

Sec. 404. High visibility enforcement program

  (a) In General.--The Administrator of the National Highway 
Traffic Safety Administration shall establish and administer a 
program under which not less than 3 campaigns will be carried 
out in each of fiscal years 2016 through 2021.
  (b) Purpose.--The purpose of each campaign carried out under 
this section shall be to achieve outcomes related to not less 
than 1 of the following objectives:
          (1) Reduce alcohol-impaired or drug-impaired 
        operation of motor vehicles.
          (2) Increase use of seatbelts by occupants of motor 
        vehicles.
          (3) Reduce distracted driving of motor vehicles.
  (c) Advertising.--The Administrator may use, or authorize the 
use of, funds available to carry out this section to pay for 
the development, production, and use of broadcast and print 
media advertising and Internet-based outreach in carrying out 
campaigns under this section. Consideration shall be given to 
advertising directed at non-English speaking populations, 
including those who listen to, read, or watch nontraditional 
media.
  (d) Coordination With States.--The Administrator shall 
coordinate with States in carrying out the campaigns under this 
section, including advertising funded under subsection (c), 
with consideration given to--
          (1) relying on States to provide law enforcement 
        resources for the campaigns out of funding available 
        under sections 402 and 405; and
          (2) providing out of National Highway Traffic Safety 
        Administration resources most of the means necessary 
        for national advertising and education efforts 
        associated with the campaigns.
  (e) Use of Funds.--Funds made available to carry out this 
section may only be used for activities described in subsection 
(c).
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) Campaign.--The term ``campaign'' means a high-
        visibility traffic safety law enforcement campaign.
          (2) State.--The term ``State'' has the meaning such 
        term has under section 401.

Sec. 405. National priority safety programs

  [(a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall manage programs 
to address national priorities for reducing highway deaths and 
injuries. Funds shall be allocated according to the priorities 
set forth in paragraphs (1) and (2).
          [(1) Grants to States.--
                  [(A) Occupant protection.--16 percent of the 
                funds provided under this section in each 
                fiscal year 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)).
                  [(B) State traffic safety information system 
                improvements.--14.5 percent of the funds 
                provided under this section in each fiscal year 
                shall be allocated among States that meet the 
                requirements of the State traffic safety 
                information system improvements (as described 
                in subsection (c)).
                  [(C) Impaired driving countermeasures.--52.5 
                percent of the funds provided under this 
                section in each fiscal year shall be allocated 
                among States that meet the requirements of the 
                impaired driving countermeasures (as described 
                in subsection (d)).
                  [(D) Distracted driving.--8.5 percent of the 
                funds provided under this section in each 
                fiscal year shall be allocated among States 
                that adopt and implement effective laws to 
                reduce distracted driving (as described in 
                subsection (e)).
                  [(E) Motorcyclist safety.--1.5 percent of the 
                funds provided under this section in each 
                fiscal year shall be allocated among States 
                that implement motorcyclist safety programs (as 
                described in subsection (f)).
                  [(F) State graduated driver licensing laws.--
                5 percent of the funds provided under this 
                section in each fiscal year shall be allocated 
                among States that adopt and implement graduated 
                driver licensing laws (as described in 
                subsection (g)).
                  [(G) Transfers.--Notwithstanding 
                subparagraphs (A) through (F), the Secretary 
                may reallocate, before the last day of any 
                fiscal year, any amounts remaining available to 
                carry out any of the activities described in 
                subsections (b) through (g) to increase the 
                amount made available to carry out any of the 
                other activities described in such subsections, 
                or 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.
                  [(H) Maintenance of effort.--
                          [(i) Requirements.--No grant may be 
                        made to a State in any fiscal year 
                        under subsection (b), (c), or (d) 
                        unless the State enters into such 
                        agreements with the Secretary as the 
                        Secretary may require to ensure that 
                        the State will maintain its aggregate 
                        expenditures from all State and local 
                        sources for programs described in those 
                        sections at or above the average level 
                        of such expenditures in its 2 fiscal 
                        years preceding the date of enactment 
                        of the Motor Vehicle and Highway Safety 
                        Improvement Act of 2012.
                          [(ii) Waiver.--Upon the request of a 
                        State, the Secretary may waive or 
                        modify the requirements under clause 
                        (i) for not more than 1 fiscal year if 
                        the Secretary determines that such a 
                        waiver would be equitable due to 
                        exceptional or uncontrollable 
                        circumstances.
          [(2) Other priority programs.--Funds provided under 
        this section in each fiscal year may be used for 
        research into technology to prevent alcohol-impaired 
        driving (as described in subsection 403(h)).]
  (a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall manage programs 
to address national priorities for reducing highway deaths and 
injuries. Funds shall be allocated according to the following:
          (1) Occupant protection.--In each fiscal year, 13 
        percent of the funds provided under this section shall 
        be allocated among States that adopt and implement 
        effective occupant protection programs to reduce 
        highway deaths and injuries resulting from individuals 
        riding unrestrained or improperly restrained in motor 
        vehicles (as described in subsection (b)).
          (2) State traffic safety information system 
        improvements.--In each fiscal year, 14.5 percent of the 
        funds provided under this section shall be allocated 
        among States that meet requirements with respect to 
        State traffic safety information system improvements 
        (as described in subsection (c)).
          (3) Impaired driving countermeasures.--In each fiscal 
        year, 52.5 percent of the funds provided under this 
        section shall be allocated among States that meet 
        requirements with respect to impaired driving 
        countermeasures (as described in subsection (d)).
          (4) Distracted driving.--In each fiscal year, 8.5 
        percent of the funds provided under this section shall 
        be allocated among States that adopt and implement 
        effective laws to reduce distracted driving (as 
        described in subsection (e)).
          (5) Motorcyclist safety.--In each fiscal year, 1.5 
        percent of the funds provided under this section shall 
        be allocated among States that implement motorcyclist 
        safety programs (as described in subsection (f)).
          (6) State graduated driver licensing laws.--In each 
        fiscal year, 5 percent of the funds provided under this 
        section shall be allocated among States that adopt and 
        implement graduated driver licensing laws (as described 
        in subsection (g)).
          (7) Nonmotorized safety.--In each fiscal year, 5 
        percent of the funds provided under this section shall 
        be allocated among States that meet requirements with 
        respect to nonmotorized safety (as described in 
        subsection (h)).
          (8) Transfers.--Notwithstanding paragraphs (1) 
        through (7), the Secretary may reallocate, before the 
        last day of any fiscal year, any amounts remaining 
        available to carry out any of the activities described 
        in subsections (b) through (h) to increase the amount 
        made available under section 402, in order to ensure, 
        to the maximum extent possible, that all such amounts 
        are obligated during such fiscal year.
          (9) Maintenance of effort.--
                  (A) Requirements.--No grant may be made to a 
                State in any fiscal year under subsection (b), 
                (c), or (d) unless the State enters into such 
                agreements with the Secretary as the Secretary 
                may require to ensure that the State will 
                maintain its aggregate expenditures from all 
                State and local sources for programs described 
                in those subsections at or above the average 
                level of such expenditures in the 2 fiscal 
                years preceding the date of enactment of this 
                paragraph.
                  (B) Waiver.--Upon the request of a State, the 
                Secretary may waive or modify the requirements 
                under subparagraph (A) for not more than 1 
                fiscal year if the Secretary determines that 
                such a waiver would be equitable due to 
                exceptional or uncontrollable circumstances.
  (b) Occupant Protection Grants.--
          (1) General authority.--Subject to the requirements 
        under this subsection, the Secretary of Transportation 
        shall award grants to 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.
          (2) Federal share.--The Federal share of the costs of 
        activities funded using amounts from grants awarded 
        under this subsection may not exceed 80 percent for 
        each fiscal year for which a State receives a grant.
          (3) Eligibility.--
                  (A) High seat belt use rate.--A State with an 
                observed seat belt use rate of 90 percent or 
                higher, based on the most recent data from a 
                survey that conforms with national criteria 
                established by the National Highway Traffic 
                Safety Administration, shall be eligible for a 
                grant in a fiscal year if the State--
                          (i) submits an occupant protection 
                        plan during the first fiscal year;
                          (ii) participates in the Click It or 
                        Ticket national mobilization;
                          (iii) has an active network of child 
                        restraint inspection stations; and
                          (iv) has a plan to recruit, train, 
                        and maintain a sufficient number of 
                        child passenger safety technicians.
                  (B) Lower seat belt use rate.--A State with 
                an observed seat belt use rate below 90 
                percent, based on the most recent data from a 
                survey that conforms with national criteria 
                established by the National Highway Traffic 
                Safety Administration, shall be eligible for a 
                grant in a fiscal year if--
                          (i) the State meets all of the 
                        requirements under clauses (i) through 
                        (iv) of subparagraph (A); and
                          (ii) the Secretary determines that 
                        the State meets at least 3 of the 
                        following criteria:
                                  (I) The State conducts 
                                sustained (on-going and 
                                periodic) seat belt enforcement 
                                at a defined level of 
                                participation during the year.
                                  (II) The State has enacted 
                                and enforces a primary 
                                enforcement seat belt use law.
                                  (III) The State has 
                                implemented countermeasure 
                                programs for high-risk 
                                populations, such as drivers on 
                                rural roadways, unrestrained 
                                nighttime drivers, or teenage 
                                drivers.
                                  (IV) The State has enacted 
                                and enforces occupant 
                                protection laws requiring front 
                                and rear occupant protection 
                                use by all occupants in an age-
                                appropriate restraint.
                                  (V) The State has implemented 
                                a comprehensive occupant 
                                protection program in which the 
                                State has--
                                          (aa) conducted a 
                                        program assessment;
                                          (bb) developed a 
                                        statewide strategic 
                                        plan;
                                          (cc) designated an 
                                        occupant protection 
                                        coordinator; and
                                          (dd) established a 
                                        statewide occupant 
                                        protection task force.
                                  (VI) The State--
                                          (aa) completed an 
                                        assessment of its 
                                        occupant protection 
                                        program during the 3-
                                        year period preceding 
                                        the grant year; or
                                          (bb) will conduct 
                                        such an assessment 
                                        during the first year 
                                        of the grant.
          (4) Use of grant amounts.--
                  (A) In general.--Grant funds received 
                pursuant to this subsection may be used to--
                          (i) carry out a program to support 
                        high-visibility enforcement 
                        mobilizations, including paid media 
                        that emphasizes publicity for the 
                        program, and law enforcement;
                          (ii) carry out a program to train 
                        occupant protection safety 
                        professionals, police officers, fire 
                        and emergency medical personnel, 
                        educators, and parents concerning all 
                        aspects of the use of child restraints 
                        and occupant protection;
                          (iii) carry out a program to educate 
                        the public concerning the proper use 
                        and installation of child restraints, 
                        including related equipment and 
                        information systems;
                          (iv) carry out a program to provide 
                        community child passenger safety 
                        services, including programs about 
                        proper seating positions for children 
                        and how to reduce the improper use of 
                        child restraints;
                          (v) purchase and distribute child 
                        restraints to low- income families, 
                        provided that not more than 5 percent 
                        of the funds received in a fiscal year 
                        are used for such purpose; and
                          (vi) establish and maintain 
                        information systems containing data 
                        concerning occupant protection, 
                        including the collection and 
                        administration of child passenger 
                        safety and occupant protection surveys.
                  (B) High seat belt use rate.--A State that is 
                eligible for funds under paragraph (3)(A) may 
                use up to [75 percent] 100 percent of such 
                funds for any project or activity eligible for 
                funding under section 402.
          (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.
          (6) Definitions.--In this subsection:
                  (A) Child restraint.--The term ``child 
                restraint'' means any device (including child 
                safety seat, booster seat, harness, and 
                excepting seat belts) that is--
                          (i) designed for use in a motor 
                        vehicle to restrain, seat, or position 
                        children who weigh 65 pounds (30 
                        kilograms) or less; and
                          (ii) certified to the Federal motor 
                        vehicle safety standard prescribed by 
                        the National Highway Traffic Safety 
                        Administration for child restraints.
                  (B) Seat belt.--The term ``seat belt'' 
                means--
                          (i) with respect to open-body motor 
                        vehicles, including convertibles, an 
                        occupant restraint system consisting of 
                        a lap belt or a lap belt and a 
                        detachable shoulder belt; and
                          (ii) with respect to other motor 
                        vehicles, an occupant restraint system 
                        consisting of integrated lap and 
                        shoulder belts.
  (c) State Traffic Safety Information System Improvements.--
          (1) General authority.--Subject to the requirements 
        under this subsection, the Secretary of Transportation 
        shall award grants to States to support the development 
        and implementation of effective State programs that--
                  (A) improve the timeliness, accuracy, 
                completeness, uniformity, integration, and 
                accessibility of the State safety data that is 
                needed to identify priorities for Federal, 
                State, and local highway and traffic safety 
                programs;
                  (B) evaluate the effectiveness of efforts to 
                make such improvements;
                  (C) link the State data systems, including 
                traffic records, with other data systems within 
                the State, such as systems that contain 
                medical, roadway, and economic data;
                  (D) improve the compatibility and 
                interoperability of the data systems of the 
                State with national data systems and data 
                systems of other States; and
                  (E) enhance the ability of the Secretary to 
                observe and analyze national trends in crash 
                occurrences, rates, outcomes, and 
                circumstances.
          (2) Federal share.--The Federal share of the cost of 
        adopting and implementing in a fiscal year a State 
        program described in this subsection may not exceed 80 
        percent.
          (3) Eligibility.--A State is not eligible for a grant 
        under this subsection in a fiscal year unless the State 
        demonstrates, to the satisfaction of the Secretary, 
        that the State--
                  (A) has a functioning traffic records 
                coordinating committee (referred to in this 
                paragraph as ``TRCC'') that meets at least 3 
                times each year;
                  (B) has designated a TRCC coordinator;
                  (C) has established a State traffic record 
                strategic plan that has been approved by the 
                TRCC and describes specific quantifiable and 
                measurable improvements anticipated in the 
                State's core safety databases, including crash, 
                citation or adjudication, driver, emergency 
                medical services or injury surveillance system, 
                roadway, and vehicle databases;
                  (D) has demonstrated quantitative progress in 
                relation to the significant data program 
                attribute of--
                          (i) accuracy;
                          (ii) completeness;
                          (iii) timeliness;
                          (iv) uniformity;
                          (v) accessibility; or
                          (vi) integration of a core highway 
                        safety database; and
                  (E) has certified to the Secretary that an 
                assessment of the State's highway safety data 
                and traffic records system was conducted or 
                updated during the preceding 5 years.
          (4) Use of grant amounts.--Grant funds received by a 
        State under this subsection shall be used for making 
        data program improvements to core highway safety 
        databases related to quantifiable, measurable progress 
        in any of the 6 significant data program attributes set 
        forth in paragraph (3)(D).
          (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.
  (d) Impaired Driving Countermeasures.--
          (1) In general.--Subject to the requirements under 
        this subsection, the Secretary of Transportation shall 
        award grants to States that adopt and implement--
                  (A) effective programs to reduce driving 
                under the influence of alcohol, drugs, or the 
                combination of alcohol and drugs; or
                  (B) alcohol-ignition interlock laws.
          (2) Federal share.--The Federal share of the costs of 
        activities funded using amounts from grants under this 
        subsection may not exceed 80 percent in any fiscal year 
        in which the State receives a grant.
          (3) Eligibility.--
                  (A) Low-range States.--Low-range States shall 
                be eligible for a grant under this subsection.
                  (B) Mid-range States.--A mid-range State 
                shall be eligible for a grant under this 
                subsection if--
                          (i) a statewide impaired driving task 
                        force in the State developed a 
                        statewide plan during the most recent 3 
                        calendar years to address the problem 
                        of impaired driving; or
                          (ii) the State will convene a 
                        statewide impaired driving task force 
                        to develop such a plan during the first 
                        year of the grant.
                  (C) High-range States.--A high-range State 
                shall be eligible for a grant under this 
                subsection if the State--
                          (i)(I) conducted an assessment of the 
                        State's impaired driving program during 
                        the most recent 3 calendar years; or
                          (II) will conduct such an assessment 
                        during the first year of the grant;
                          (ii) convenes, during the first year 
                        of the grant, a statewide impaired 
                        driving task force to develop a 
                        statewide plan that--
                                  (I) addresses any 
                                recommendations from the 
                                assessment conducted under 
                                clause (i);
                                  (II) includes a detailed plan 
                                for spending any grant funds 
                                provided under this subsection; 
                                and
                                  (III) describes how such 
                                spending supports the statewide 
                                program; and
                          (iii)(I) submits the statewide plan 
                        to the National Highway Traffic Safety 
                        Administration during the first year of 
                        the grant for the agency's review and 
                        approval;
                          (II) annually updates the statewide 
                        plan in each subsequent year of the 
                        grant; and
                          (III) submits each updated statewide 
                        plan for the agency's review and 
                        comment.
          [(4) Use of grant amounts.--
                  [(A) Required programs.--High-range States 
                shall use grant funds for--
                          [(i) high visibility enforcement 
                        efforts; and
                          [(ii) any of the activities described 
                        in subparagraph (B) if--
                                  [(I) the activity is 
                                described in the statewide 
                                plan; and
                                  [(II) the Secretary approves 
                                the use of funding for such 
                                activity.
                  [(B) Authorized programs.--Medium-range and 
                low-range States may use grant funds for--
                          [(i) any of the purposes described in 
                        subparagraph (A);
                          [(ii) hiring a full-time or part-time 
                        impaired driving coordinator of the 
                        State's activities to address the 
                        enforcement and adjudication of laws 
                        regarding driving while impaired by 
                        alcohol;
                          [(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, and 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 
                        screening and brief intervention;
                          [(viii) developing impaired driving 
                        information systems; and
                          [(ix) 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. Medium and high-range States 
                may use funds for such expenditures upon 
                approval by the Secretary.]
          (4) Use of grant amounts.--
                  (A) Required programs.--High-range States 
                shall use grant funds for--
                          (i) high-visibility enforcement 
                        efforts; and
                          (ii) any of the activities described 
                        in subparagraph (B) if--
                                  (I) the activity is described 
                                in the statewide plan; and
                                  (II) the Secretary approves 
                                the use of funding for such 
                                activity.
                  (B) Authorized programs.--Medium-range and 
                low-range States may use grant funds for--
                          (i) any of the purposes described in 
                        subparagraph (A);
                          (ii) hiring a full-time or part-time 
                        impaired driving coordinator of the 
                        State's activities to address the 
                        enforcement and adjudication of laws 
                        regarding driving while impaired by 
                        alcohol, drugs, or the combination of 
                        alcohol and drugs;
                          (iii) court support of high-
                        visibility enforcement efforts, 
                        training and education of criminal 
                        justice professionals (including law 
                        enforcement, prosecutors, judges, and 
                        probation officers) to assist such 
                        professionals in handling impaired 
                        driving cases, hiring traffic safety 
                        resource prosecutors, hiring judicial 
                        outreach liaisons, and establishing 
                        driving while intoxicated courts;
                          (iv) alcohol ignition interlock 
                        programs;
                          (v) improving blood-alcohol 
                        concentration testing and reporting;
                          (vi) paid and earned media in support 
                        of high-visibility enforcement efforts, 
                        conducting standardized field sobriety 
                        training, advanced roadside impaired 
                        driving evaluation training, and drug 
                        recognition expert training for law 
                        enforcement, and equipment and related 
                        expenditures used in connection with 
                        impaired driving enforcement in 
                        accordance with criteria established by 
                        the National Highway Traffic Safety 
                        Administration;
                          (vii) training on the use of alcohol 
                        and drug screening and brief 
                        intervention;
                          (viii) training for and 
                        implementation of impaired driving 
                        assessment programs or other tools 
                        designed to increase the probability of 
                        identifying the recidivism risk of a 
                        person convicted of driving under the 
                        influence of alcohol, drugs, or a 
                        combination of alcohol and drugs and to 
                        determine the most effective mental 
                        health or substance abuse treatment or 
                        sanction that will reduce such risk;
                          (ix) developing impaired driving 
                        information systems; and
                          (x) costs associated with a 24-7 
                        sobriety program.
                  (C) Other programs.--Low-range States may use 
                grant funds for any expenditure designed to 
                reduce impaired driving based on problem 
                identification and may use not more than 50 
                percent of funds made available under this 
                subsection for any project or activity eligible 
                for funding under section 402. Medium- and 
                high-range States may use funds for any 
                expenditure designed to reduce impaired driving 
                based on problem identification upon approval 
                by the Secretary.
          (5) Grant amount.--Subject to paragraph (6), the 
        allocation of grant funds to a State under this section 
        for a fiscal year shall be in proportion to the State's 
        apportionment [under section 402(c)] under section 402 
        for fiscal year 2009.
          (6) Grants to States that adopt and enforce mandatory 
        alcohol-ignition interlock laws.--
                  [(A) In general.--The Secretary shall make a 
                separate grant under this subsection to each 
                State that adopts and is enforcing a mandatory 
                alcohol-ignition interlock law for all 
                individuals convicted of driving under the 
                influence of alcohol or of driving while 
                intoxicated.]
                  (A) In general.--The Secretary shall make a 
                separate grant under this subsection to each 
                State that adopts and is enforcing a law that 
                requires any individual convicted of driving 
                under the influence of alcohol or of driving 
                while intoxicated to receive a restriction on 
                driving privileges that limits the individual 
                to operating only motor vehicles with an 
                ignition interlock installed. Such law may 
                provide limited exceptions for circumstances 
                when--
                          (i) a State-certified ignition 
                        interlock provider is not available 
                        within 100 miles of the individual's 
                        residence;
                          (ii) the individual is required to 
                        operate an employer's motor vehicle in 
                        the course and scope of employment and 
                        the business entity that owns the 
                        vehicle is not owned or controlled by 
                        the individual; or
                          (iii) the individual is certified by 
                        a medical doctor as being unable to 
                        provide a deep lung breath sample for 
                        analysis by an ignition interlock 
                        device.
                  (B) Use of funds.--Grants authorized under 
                subparagraph (A) may be used by recipient 
                States for any eligible activities under this 
                subsection or section 402.
                  (C) Allocation.--Amounts made available under 
                this paragraph shall be allocated among States 
                described in subparagraph (A) [on the basis of 
                the apportionment formula set forth in section 
                402(c)] in proportion to the State's 
                apportionment under section 402 for fiscal year 
                2009.
                  (D) Funding.--Not more than 15 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 this paragraph.
          (7) Definitions.--In this subsection:
                  (A) 24-7 sobriety program.--The term ``24-7 
                sobriety program'' means a State law or program 
                that authorizes a State court or a State 
                agency, as a condition of sentence, probation, 
                parole, or work permit, to--
                          (i) require an individual who plead 
                        guilty or was convicted of driving 
                        under the influence of alcohol or drugs 
                        to totally abstain from alcohol or 
                        drugs for a period of time; and
                          (ii) require the individual to be 
                        subject to testing for alcohol or 
                        drugs--
                                  (I) at least twice per day;
                                  (II) by continuous 
                                transdermal alcohol monitoring 
                                via an electronic monitoring 
                                device; or
                                  (III) by an alternate method 
                                with the concurrence of the 
                                Secretary.
                  (B) Average impaired driving fatality rate.--
                The term ``average impaired driving fatality 
                rate'' means the number of fatalities in motor 
                vehicle crashes involving a driver with a blood 
                alcohol concentration of at least 0.08 percent 
                for every 100,000,000 vehicle miles traveled, 
                based on the most recently reported 3 calendar 
                years of final data from the Fatality Analysis 
                Reporting System, as calculated in accordance 
                with regulations prescribed by the 
                Administrator of the National Highway Traffic 
                Safety Administration.
                  (C) High-range State.--The term ``high-range 
                State'' means a State that has an average 
                impaired driving fatality rate of 0.60 or 
                higher.
                  (D) Low-range State.--The term ``low-range 
                State'' means a State that has an average 
                impaired driving fatality rate of 0.30 or 
                lower..
                  (E) Mid-range State.--The term ``mid-range 
                State'' means a State that has an average 
                impaired driving fatality rate that is higher 
                than 0.30 and lower than 0.60.
  [(e) Distracted Driving Grants.--
          [(1) In general.--The Secretary shall award a grant 
        under this subsection to any State that enacts and 
        enforces a statute that meets the requirements set 
        forth in paragraphs (2) and (3).
          [(2) Prohibition on texting while driving.--A State 
        statute meets the requirements set forth in this 
        paragraph if the statute--
                  [(A) prohibits drivers from texting through a 
                personal wireless communications device while 
                driving;
                  [(B) makes violation of the statute a primary 
                offense; and
                  [(C) establishes--
                          [(i) a minimum fine for a first 
                        violation of the statute; and
                          [(ii) increased fines for repeat 
                        violations.
          [(3) Prohibition on youth cell phone use while 
        driving.--A State statute meets the requirements set 
        forth in this paragraph if the statute--
                  [(A) prohibits a driver who is younger than 
                18 years of age from using a personal wireless 
                communications device while driving;
                  [(B) makes violation of the statute a primary 
                offense;
                  [(C) requires distracted driving issues to be 
                tested as part of the State driver's license 
                examination; and
                  [(D) establishes--
                          [(i) a minimum fine for a first 
                        violation of the statute; and
                          [(ii) increased fines for repeat 
                        violations.
          [(4) Permitted exceptions.--A statute that meets the 
        requirements set forth in paragraphs (2) and (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; and
                  [(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 
                31152 of title 49.
          [(5) Use of grant funds.--Of the amounts received by 
        a State under this subsection--
                  [(A) at least 50 percent 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; and
                  [(B) up to 50 percent may be used for any 
                eligible project or activity under section 402.
          [(6) Additional grants.--In the first fiscal year 
        that grants are awarded under this subsection, the 
        Secretary may use up to 25 percent of the amounts 
        available for grants under this subsection to award 
        grants to States that--
                  [(A) enacted statutes before the date of 
                enactment of the Motor Vehicle and Highway 
                Safety Improvement Act of 2012, which meet the 
                requirements set forth in subparagraphs (A) and 
                (B) of paragraph (2); and
                  [(B) are otherwise ineligible for a grant 
                under this subsection.
          [(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 up to $5,000,000 for the 
        development and placement of broadcast media to support 
        the enforcement of State distracted driving laws.
          [(8) Distracted driving study.--
                  [(A) In general.--The Secretary shall conduct 
                a study of all forms of distracted driving.
                  [(B) Components.--The study conducted under 
                subparagraph (A) shall--
                          [(i) examine the effect of 
                        distractions other than the use of 
                        personal wireless communications on 
                        motor vehicle safety;
                          [(ii) identify metrics to determine 
                        the nature and scope of the distracted 
                        driving problem;
                          [(iii) identify the most effective 
                        methods to enhance education and 
                        awareness; and
                          [(iv) identify the most effective 
                        method of reducing deaths and injuries 
                        caused by all forms of distracted 
                        driving.
                  [(C) Report.--Not later than 1 year after the 
                date of enactment of the Motor Vehicle and 
                Highway Safety Improvement Act of 2012, the 
                Secretary shall submit a report containing the 
                results of the study conducted under this 
                paragraph to--
                          [(i) the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate; and
                          [(ii) the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives.
          [(9) Definitions.--In this subsection:
                  [(A) Driving.--The term ``driving''--
                          [(i) means operating a motor vehicle 
                        on a public road, including operation 
                        while temporarily stationary because of 
                        traffic, a traffic light or stop sign, 
                        or otherwise; and
                          [(ii) does not include operating a 
                        motor vehicle when the vehicle has 
                        pulled over to the side of, or off, an 
                        active roadway and has stopped in a 
                        location where it can safely remain 
                        stationary.
                  [(B) Personal wireless communications 
                device.--The term ``personal wireless 
                communications device''--
                          [(i) means a device through which 
                        personal wireless services (as defined 
                        in section 332(c)(7)(C)(i) of the 
                        Communications Act of 1934 (47 U.S.C. 
                        332(c)(7)(C)(i))) are transmitted; and
                          [(ii) does not include a global 
                        navigation satellite system receiver 
                        used for positioning, emergency 
                        notification, or navigation purposes.
                  [(C) Primary offense.--The term ``primary 
                offense'' means an offense for which a law 
                enforcement officer may stop a vehicle solely 
                for the purpose of issuing a citation in the 
                absence of evidence of another offense.
                  [(D) Public road.--The term ``public road'' 
                has the meaning given such term in section 
                402(c).
                  [(E) Texting.--The term ``texting'' means 
                reading from or manually entering data into a 
                personal wireless communications device, 
                including doing so for the purpose of SMS 
                texting, e-mailing, instant messaging, or 
                engaging in any other form of electronic data 
                retrieval or electronic data communication.]
  (e) Distracted Driving Grants.--
          (1) In general.--The Secretary shall award a grant 
        under this subsection to any State that includes 
        distracted driving awareness as part of the State's 
        driver's license examination, and enacts and enforces a 
        law that meets the requirements set forth in paragraphs 
        (2) and (3).
          (2) Prohibition on texting while driving or stopped 
        in traffic.--A State law meets the requirements set 
        forth in this paragraph if the law--
                  (A) prohibits a driver from texting through a 
                personal wireless communications device while 
                driving or stopped in traffic;
                  (B) makes violation of the law a primary 
                offense; and
                  (C) establishes a minimum fine for a 
                violation of the law.
          (3) Prohibition on youth cell phone use while driving 
        or stopped in traffic.--A State law meets the 
        requirements set forth in this paragraph if the law--
                  (A) prohibits a driver from using a personal 
                wireless communications device while driving or 
                stopped in traffic--
                          (i) younger than 18 years of age; or
                          (ii) in the learner's permit and 
                        intermediate license stages set forth 
                        in subsection (g)(2)(B);
                  (B) makes violation of the law a primary 
                offense; and
                  (C) establishes a minimum fine for a first 
                violation of the law.
          (4) Permitted exceptions.--A law that meets the 
        requirements set forth in paragraph (2) or (3) may 
        provide exceptions for--
                  (A) a driver who uses a personal wireless 
                communications device to contact emergency 
                services;
                  (B) emergency services personnel who use a 
                personal wireless communications device while--
                          (i) operating an emergency services 
                        vehicle; and
                          (ii) engaged in the performance of 
                        their duties as emergency services 
                        personnel;
                  (C) an individual employed as a commercial 
                motor vehicle driver or a school bus driver who 
                uses a personal wireless communications device 
                within the scope of such individual's 
                employment if such use is permitted under the 
                regulations promulgated pursuant to section 
                31136 of title 49; and
                  (D) any additional exceptions determined by 
                the Secretary through a rulemaking process.
          (5) Use of grant funds.--
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts received by a State 
                under this subsection shall be used--
                          (i) to educate the public through 
                        advertising containing information 
                        about the dangers of texting or using a 
                        cell phone while driving;
                          (ii) for traffic signs that notify 
                        drivers about the distracted driving 
                        law of the State; or
                          (iii) for law enforcement costs 
                        related to the enforcement of the 
                        distracted driving law.
                  (B) Flexibility.--
                                  (i) Not more than 50 percent 
                                of amounts received by a State 
                                under this subsection may be 
                                used for any eligible project 
                                or activity under section 402.
                                  (ii) Not more than 75 percent 
                                of amounts received by a State 
                                under this subsection may be 
                                used for any eligible project 
                                or activity under section 402 
                                if the State has conformed its 
                                distracted driving data to the 
                                most recent Model Minimum 
                                Uniform Crash Criteria 
                                published by the Secretary.
          (6) Allocation to support state distracted driving 
        laws.--Of the amounts available under this subsection 
        in a fiscal year for distracted driving grants, the 
        Secretary may expend not more than $5,000,000 for the 
        development and placement of broadcast media to reduce 
        distracted driving of motor vehicles, including to 
        support campaigns related to distracted driving that 
        are funded under section 404.
          (7) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be 
        in proportion to the State's apportionment under 
        section 402 for fiscal year 2009.
          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Driving.--The term ``driving''--
                          (i) means operating a motor vehicle 
                        on a public road, including operation 
                        while temporarily stationary because of 
                        traffic, a traffic light or stop sign, 
                        or otherwise; and
                          (ii) does not include operating a 
                        motor vehicle when the vehicle has 
                        pulled over to the side of, or off, an 
                        active roadway and has stopped in a 
                        location where it can safely remain 
                        stationary.
                  (B) Personal wireless communications 
                device.--The term ``personal wireless 
                communications device''--
                          (i) means a device through which 
                        personal wireless services (as defined 
                        in section 332(c)(7)(C)(i) of the 
                        Communications Act of 1934 (47 U.S.C. 
                        332(c)(7)(C)(i))) are transmitted; and
                          (ii) does not include a global 
                        navigation satellite system receiver 
                        used for positioning, emergency 
                        notification, or navigation purposes.
                  (C) Primary offense.--The term ``primary 
                offense'' means an offense for which a law 
                enforcement officer may stop a vehicle solely 
                for the purpose of issuing a citation in the 
                absence of evidence of another offense.
                  (D) Public road.--The term ``public road'' 
                has the meaning given such term in section 
                402(c).
                  (E) Texting.--The term ``texting'' means 
                reading from or manually entering data into a 
                personal wireless communications device, 
                including doing so for the purpose of SMS 
                texting, emailing, instant messaging, or 
                engaging in any other form of electronic data 
                retrieval or electronic data communication.
  (f) Motorcyclist Safety.--
          (1) Grants authorized.--Subject to the requirements 
        under this subsection, the Secretary shall award grants 
        to States that adopt and implement effective programs 
        to reduce the number of single-and multi-vehicle 
        crashes involving motorcyclists.
          [(2) Allocation.--The amount of a grant awarded to a 
        State for a fiscal year under this subsection may not 
        exceed 25 percent of the amount apportioned to the 
        State for fiscal year 2003 under section 402.]
          (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.
          (3) Grant eligibility.--A State becomes eligible for 
        a grant under this subsection by adopting or 
        demonstrating to the satisfaction of the Secretary, at 
        least 2 of the following criteria:
                  (A) Motorcycle rider training courses.--An 
                effective motorcycle rider training course that 
                is offered throughout the State, which--
                          (i) provides a formal program of 
                        instruction in accident avoidance and 
                        other safety-oriented operational 
                        skills to motorcyclists; and
                          (ii) may include innovative training 
                        opportunities to meet unique regional 
                        needs.
                  (B) Motorcyclists awareness program.--An 
                effective statewide program to enhance motorist 
                awareness of the presence of motorcyclists on 
                or near roadways and safe driving practices 
                that avoid injuries to motorcyclists.
                  (C) Reduction of fatalities and crashes 
                involving motorcycles.--A reduction for the 
                preceding calendar year in the number of 
                motorcycle fatalities and the rate of motor 
                vehicle crashes involving motorcycles in the 
                State (expressed as a function of 10,000 
                motorcycle registrations).
                  (D) Impaired driving program.--Implementation 
                of a statewide program to reduce impaired 
                driving, including specific measures to reduce 
                impaired motorcycle operation.
                  (E) Reduction of fatalities and accidents 
                involving impaired motorcyclists.--A reduction 
                for the preceding calendar year in the number 
                of fatalities and the rate of reported crashes 
                involving alcohol- or drug-impaired motorcycle 
                operators (expressed as a function of 10,000 
                motorcycle registrations).
                  (F) Fees collected from motorcyclists.--All 
                fees collected by the State from motorcyclists 
                for the purposes of funding motorcycle training 
                and safety programs will be used for motorcycle 
                training and safety purposes.
          (4) Eligible uses.--
                  (A) In general.--A State may use funds from a 
                grant under this subsection only for 
                motorcyclist safety training and motorcyclist 
                awareness programs, including--
                          (i) improvements to motorcyclist 
                        safety training curricula;
                          (ii) improvements in program delivery 
                        of motorcycle training to both urban 
                        and rural areas, including--
                                  (I) procurement or repair of 
                                practice motorcycles;
                                  (II) instructional materials;
                                  (III) mobile training units; 
                                and
                                  (IV) leasing or purchasing 
                                facilities for closed- course 
                                motorcycle skill training;
                          (iii) measures designed to increase 
                        the recruitment or retention of 
                        motorcyclist safety training 
                        instructors; and
                          (iv) public awareness, public service 
                        announcements, and other outreach 
                        programs to enhance driver awareness of 
                        motorcyclists, [such as the] including 
                        ``share-the-road'' safety messages 
                        [developed under subsection (g)].
                  (B) Suballocations of funds.--An agency of a 
                State that receives a grant under this 
                subsection may suballocate funds from the grant 
                to a nonprofit organization incorporated in 
                that State to carry out this subsection.
                  (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.
          (5) Definitions.--In this subsection:
                  (A) Motorcyclist awareness.--The term 
                ``motorcyclist awareness'' means individual or 
                collective awareness of--
                          (i) the presence of motorcycles on or 
                        near roadways; and
                          (ii) safe driving practices that 
                        avoid injury to motorcyclists.
                  (B) Motorcyclist awareness program.--The term 
                ``motorcyclist awareness program'' means an 
                informational or public awareness program 
                designed to enhance motorcyclist awareness that 
                is developed by or in coordination with the 
                designated State authority having jurisdiction 
                over motorcyclist safety issues, which may 
                include the State motorcycle safety 
                administrator or a motorcycle advisory council 
                appointed by the governor of the State.
                  (C) Motorcyclist safety training.--The term 
                ``motorcyclist safety training'' means a formal 
                program of instruction that is approved for use 
                in a State by the designated State authority 
                having jurisdiction over motorcyclist safety 
                issues, which may include the State motorcycle 
                safety administrator or a motorcycle advisory 
                council appointed by the governor of the State.
                  (D) State.--The term ``State'' has the 
                meaning given such term in section 101(a) of 
                title 23, United States Code.
          (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.
  [(g) State Graduated Driver Licensing Incentive Grant.--
          [(1) Grants authorized.--Subject to the requirements 
        under this subsection, the Secretary shall award grants 
        to States that adopt and implement graduated driver 
        licensing laws in accordance with the requirements set 
        forth in paragraph (2).
          [(2) Minimum requirements.--
                  [(A) In general.--A State meets the 
                requirements set forth in this paragraph if the 
                State has a graduated driver licensing law that 
                requires novice drivers younger than 21 years 
                of age to comply with the 2-stage licensing 
                process described in subparagraph (B) before 
                receiving an unrestricted driver's license.
                  [(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) prohibits the driver 
                                from using a cellular telephone 
                                or any communications device in 
                                a nonemergency situation; and
                                  [(III) 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;
                                  [(II) is at least 6 months in 
                                duration;
                                  [(III) prohibits the driver 
                                from using a cellular telephone 
                                or any communications device in 
                                a nonemergency situation;
                                  [(IV) restricts driving at 
                                night;
                                  [(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 18 years of 
                                age; and
                          [(iii) any other requirement 
                        prescribed by the Secretary of 
                        Transportation, including--
                                  [(I) in the learner's permit 
                                stage--
                                          [(aa) at least 40 
                                        hours of behind-the-
                                        wheel training with a 
                                        licensed driver who is 
                                        at least 21 years of 
                                        age;
                                          [(bb) a driver 
                                        training course; and
                                          [(cc) a requirement 
                                        that the driver be 
                                        accompanied and 
                                        supervised by a 
                                        licensed driver, who is 
                                        at least 21 years of 
                                        age, at all times while 
                                        such driver is 
                                        operating a motor 
                                        vehicle; and
                                  [(II) in the learner's permit 
                                or intermediate stage, a 
                                requirement, in addition to any 
                                other penalties imposed by 
                                State law, that the grant 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, including--
                                          [(aa) driving while 
                                        intoxicated;
                                          [(bb) 
                                        misrepresentation of 
                                        his or her true age;
                                          [(cc) reckless 
                                        driving;
                                          [(dd) driving without 
                                        wearing a seat belt;
                                          [(ee) speeding; or
                                          [(ff) any other 
                                        driving-related 
                                        offense, as determined 
                                        by the Secretary.
          [(3) Rulemaking.--
                  [(A) In general.--The Secretary shall 
                promulgate regulations necessary to implement 
                the requirements set forth in paragraph (2), in 
                accordance with the notice and comment 
                provisions under section 553 of title 5.
                  [(B) Exception.--A State that otherwise meets 
                the minimum requirements set forth in paragraph 
                (2) shall be deemed by the Secretary to be in 
                compliance with the requirement set forth in 
                paragraph (2) if the State enacted a law before 
                January 1, 2011, establishing a class of 
                license that permits licensees or applicants 
                younger than 18 years of age to drive a motor 
                vehicle--
                          [(i) in connection with work 
                        performed on, or for the operation of, 
                        a farm owned by family members who are 
                        directly related to the applicant or 
                        licensee; or
                          [(ii) if demonstrable hardship would 
                        result from the denial of a license to 
                        the licensees or applicants.
          [(4) Allocation.--Grant funds allocated to a State 
        under this subsection for a fiscal year shall be in 
        proportion to a State's apportionment under section 402 
        for such fiscal year.
          [(5) Use of funds.--Of the grant funds received by a 
        State under this subsection--
                  [(A) at least 25 percent shall be used for--
                          [(i) enforcing a 2-stage licensing 
                        process that complies with paragraph 
                        (2);
                          [(ii) training for law enforcement 
                        personnel and other relevant State 
                        agency personnel relating to the 
                        enforcement described in clause (i);
                          [(iii) publishing relevant 
                        educational materials that pertain 
                        directly or indirectly to the State 
                        graduated driver licensing law;
                          [(iv) carrying out other 
                        administrative activities that the 
                        Secretary considers relevant to the 
                        State's 2- stage licensing process; and
                          [(v) carrying out a teen traffic 
                        safety program described in section 
                        402(m); and
                  [(B) up to 75 percent may be used for any 
                eligible project or activity under section 
                402.]
  (g) State Graduated Driver Licensing Incentive Grant.--
          (1) Grants authorized.--Subject to the requirements 
        under this subsection, the Secretary shall award grants 
        to States that adopt and implement graduated driver 
        licensing laws in accordance with the requirements set 
        forth in paragraph (2).
          (2) Minimum requirements.--
                  (A) In general.--A State meets the 
                requirements set forth in this paragraph if the 
                State has a graduated driver licensing law that 
                requires novice drivers younger than 18 years 
                of age to comply with the 2-stage licensing 
                process described in subparagraph (B) before 
                receiving an unrestricted driver's license.
                  (B) Licensing process.--A State is in 
                compliance with the 2-stage licensing process 
                described in this subparagraph if the State's 
                driver's license laws comply with the 
                additional requirements under subparagraph (C) 
                and includes--
                          (i) a learner's permit stage that--
                                  (I) is not less than 6 months 
                                in duration and remains in 
                                effect until the driver reaches 
                                not less than 16 years of age;
                                  (II) contains a prohibition 
                                on the driver using a personal 
                                wireless communications device 
                                (as defined in subsection (e)) 
                                while driving except under an 
                                exception permitted under 
                                subsection (e)(4);
                                  (III) requires that the 
                                driver be accompanied and 
                                supervised at all times while 
                                operating a motor vehicle by a 
                                licensed driver who is--
                                          (aa) not less than 21 
                                        years of age;
                                          (bb) the driver's 
                                        parent or guardian; or
                                          (cc) a State-
                                        certified driving 
                                        instructor; and
                                  (IV) complies with the 
                                additional requirements for a 
                                learner's permit stage set 
                                forth in subparagraph (C)(i); 
                                and
                          (ii) an intermediate stage that--
                                  (I) is not less than 6 months 
                                in duration;
                                  (II) contains a prohibition 
                                on the driver using a personal 
                                wireless communications device 
                                (as defined in subsection (e)) 
                                while driving except under an 
                                exception permitted under 
                                subsection (e)(4);
                                  (III) for the first 6 months 
                                of such stage, restricts 
                                driving at night when not 
                                supervised by a licensed driver 
                                described in clause (i)(III), 
                                excluding transportation to 
                                work, school, or religious 
                                activities, or in the case of 
                                an emergency;
                                  (IV) for a period of not less 
                                than 6 months, prohibits the 
                                driver from operating a motor 
                                vehicle with more than 1 
                                nonfamilial passenger under 21 
                                years of age unless a licensed 
                                driver described in clause 
                                (i)(III) is in the vehicle; and
                                  (V) complies with the 
                                additional requirements for an 
                                intermediate stage set forth in 
                                subparagraph (C)(ii).
                  (C) Additional requirements.--
                          (i) Learner's permit stage.--In 
                        addition to the requirements of 
                        subparagraph (B)(i), a learner's permit 
                        stage shall include not less than 2 of 
                        the following requirements:
                                  (I) Passage of a vision and 
                                knowledge assessment by a 
                                learner's permit applicant 
                                prior to receiving a learner's 
                                permit.
                                  (II) The driver completes--
                                          (aa) a State-
                                        certified driver 
                                        education or training 
                                        course; or
                                          (bb) not less than 40 
                                        hours of behind-the-
                                        wheel training with a 
                                        licensed driver 
                                        described in 
                                        subparagraph 
                                        (B)(i)(III).
                                  (III) In addition to any 
                                other penalties imposed by 
                                State law, the grant of an 
                                unrestricted driver's license 
                                or advancement to an 
                                intermediate stage be 
                                automatically delayed for any 
                                individual who, during the 
                                learner's permit stage, is 
                                convicted of a driving-related 
                                offense, including--
                                          (aa) driving while 
                                        intoxicated;
                                          (bb) 
                                        misrepresentation of 
                                        the individual's age;
                                          (cc) reckless 
                                        driving;
                                          (dd) driving without 
                                        wearing a seatbelt;
                                          (ee) speeding; or
                                          (ff) any other 
                                        driving-related 
                                        offense, as determined 
                                        by the Secretary.
                          (ii) Intermediate stage.--In addition 
                        to the requirements of subparagraph 
                        (B)(ii), an intermediate stage shall 
                        include not less than 2 of the 
                        following requirements:
                                  (I) Commencement of such 
                                stage after the successful 
                                completion of a driving skills 
                                test.
                                  (II) That such stage remain 
                                in effect until the driver 
                                reaches the age of not less 
                                than 17.
                                  (III) In addition to any 
                                other penalties imposed by 
                                State law, the grant of an 
                                unrestricted driver's license 
                                be automatically delayed for 
                                any individual who, during the 
                                learner's permit stage, is 
                                convicted of a driving-related 
                                offense, including those 
                                described in clause (i)(III).
          (3) Exception.--A State that otherwise meets the 
        minimum requirements set forth in paragraph (2) shall 
        be deemed by the Secretary to be in compliance with the 
        requirement set forth in paragraph (2) if the State 
        enacted a law before January 1, 2011, establishing a 
        class of license that permits licensees or applicants 
        younger than 18 years of age to drive a motor vehicle--
                  (A) in connection with work performed on, or 
                for the operation of, a farm owned by family 
                members who are directly related to the 
                applicant or licensee; or
                  (B) if demonstrable hardship would result 
                from the denial of a license to the licensees 
                or applicants.
          (4) Allocation.--Grant funds allocated to a State 
        under this subsection for a fiscal year shall be in 
        proportion to the State's apportionment under section 
        402 for fiscal year 2009.
          (5) Use of funds.--
                  (A) In general.--Except as provided in 
                subparagraph (B), grant funds received by a 
                State under this subsection shall be used for--
                          (i) enforcing a 2-stage licensing 
                        process that complies with paragraph 
                        (2);
                          (ii) training for law enforcement 
                        personnel and other relevant State 
                        agency personnel relating to the 
                        enforcement described in clause (i);
                          (iii) publishing relevant educational 
                        materials that pertain directly or 
                        indirectly to the State graduated 
                        driver licensing law;
                          (iv) carrying out other 
                        administrative activities that the 
                        Secretary considers relevant to the 
                        State's 2-stage licensing process; or
                          (v) carrying out a teen traffic 
                        safety program described in section 
                        402(m).
                  (B) Flexibility.--
                          (i) Not more than 75 percent of grant 
                        funds received by a State under this 
                        subsection may be used for any eligible 
                        project or activity under section 402.
                          (ii) Not more than 100 percent of 
                        grant funds received by a State under 
                        this subsection may be used for any 
                        eligible project or activity under 
                        section 402, if the State is in the 
                        lowest 25 percent of all States for the 
                        number of drivers under age 18 involved 
                        in fatal crashes in the State per the 
                        total number of drivers under age 18 in 
                        the State based on the most recent data 
                        that conforms with criteria established 
                        by the Secretary.
  (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.

           *       *       *       *       *       *       *


             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec.
501. Definitions.
     * * * * * * *
[512. National ITS Program Plan. ]
512. National ITS program plan.
     * * * * * * *
519. Infrastructure development.

           *       *       *       *       *       *       *


Sec. 502. Surface transportation research, development, and technology

  (a) Basic Principles Governing Research and Technology 
Investments.--
          (1) Applicability.--The research, development, and 
        technology provisions of this section shall apply 
        throughout this chapter.
          (2) Coverage.--Surface transportation research and 
        technology development shall include all activities 
        within the innovation lifecycle leading to technology 
        development and transfer, as well as the introduction 
        of new and innovative ideas, practices, and approaches, 
        through such mechanisms as field applications, 
        education and training, communications, impact 
        analysis, and technical support.
          (3) Federal responsibility.--Funding and conducting 
        surface transportation research and technology transfer 
        activities shall be considered a basic responsibility 
        of the Federal Government when the work--
                  (A) is of national significance;
                  (B) delivers a clear public benefit and 
                occurs where private sector investment is less 
                than optimal;
                  (C) supports a Federal stewardship role in 
                assuring that State and local governments use 
                national resources efficiently;
                  (D) meets and addresses current or emerging 
                needs;
                  (E) addresses current gaps in research;
                  (F) presents the best means to align 
                resources with multiyear plans and priorities;
                  (G) ensures the coordination of highway 
                research and technology transfer activities, 
                including through activities performed by 
                university transportation centers;
                  (H) educates transportation professionals; or
                  (I) presents the best means to support 
                Federal policy goals compared to other policy 
                alternatives.
          (4) Role.--Consistent with these Federal 
        responsibilities, the Secretary shall--
                  (A) conduct research;
                  (B) partner with State highway agencies and 
                other stakeholders as appropriate to facilitate 
                research and technology transfer activities;
                  (C) communicate the results of ongoing and 
                completed research;
                  (D) lead efforts to coordinate national 
                emphasis areas of highway research, technology, 
                and innovation deployment;
                  (E) leverage partnerships with industry, 
                academia, international entities, and State 
                departments of transportation;
                  (F) lead efforts to reduce unnecessary 
                duplication of effort; and
                  (G) lead efforts to accelerate innovation 
                delivery.
          (5) Program content.--A surface transportation 
        research program shall include--
                  (A) fundamental, long-term highway research;
                  (B) research aimed at significant highway 
                research gaps and emerging issues with national 
                implications; and
                  (C) research related to all highway 
                objectives seeking to improve the performance 
                of the transportation system.
          (6) Stakeholder input.--Federal surface 
        transportation research and development activities 
        shall address the needs of stakeholders. Stakeholders 
        include States, metropolitan planning organizations, 
        local governments, tribal governments, the private 
        sector, researchers, research sponsors, and other 
        affected parties, including public interest groups.
          (7) Competition and peer review.--Except as otherwise 
        provided in this chapter, the Secretary shall award, to 
        the maximum extent practicable, all grants, contracts, 
        and cooperative agreements for research and development 
        under this chapter based on open competition and peer 
        review of proposals.
          (8) Performance review and evaluation.--
                  (A) In general.--To the maximum practicable, 
                all surface transportation research and 
                development projects shall include a component 
                of performance measurement and evaluation.
                  (B) Performance measures.--Performance 
                measures shall be established during the 
                proposal stage of a research and development 
                project and shall, to the maximum extent 
                possible, be outcome-based.
                  (C) Program plan.--To the maximum extent 
                practicable, each program pursued under this 
                chapter shall be part of a data-driven, 
                outcome-oriented program plan.
                  (D) Availability of evaluations.--All 
                evaluations under this paragraph shall be made 
                readily available to the public.
          (9) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the transportation research and 
        technology development strategic plan developed under 
        section 508.
  (b) General Authority.--
          (1) Research, development, and technology transfer 
        activities.--The Secretary may carry out research, 
        development, and technology transfer activities with 
        respect to--
                  (A) motor carrier transportation;
                  (B) all phases of transportation planning and 
                development (including construction, operation, 
                transportation system management and 
                operations, modernization, development, design, 
                maintenance, safety, financing, and traffic 
                conditions); and
                  (C) the effect of State laws on the 
                activities described in subparagraphs (A) and 
                (B).
          (2) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing any 
        material, invention, patented article, or process.
          (3) Cooperation, grants, and contracts.--The 
        Secretary may carry out research, development, and 
        technology transfer activities related to 
        transportation--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories; or
                  (C) by making grants to, or entering into 
                contracts and cooperative agreements with one 
                or more of the following: the National Academy 
                of Sciences, the American Association of State 
                Highway and Transportation Officials, any 
                Federal laboratory, Federal agency, State 
                agency, authority, association, institution, 
                for-profit or nonprofit corporation, 
                organization, foreign country, or any other 
                person.
          (4) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the transportation research and 
        development strategic plan of the Secretary developed 
        under section 508.
          (5) Funds.--
                  (A) Special account.--In addition to other 
                funds made available to carry out this chapter, 
                the Secretary shall use such funds as may be 
                deposited by any cooperating organization or 
                person in a special account of the Treasury 
                established for this purpose.
                  (B) Use of funds.--The Secretary shall use 
                funds made available to carry out this chapter 
                to develop, administer, communicate, and 
                promote the use of products of research, 
                development, and technology transfer programs 
                under this chapter.
          (6) Pooled funding.--
                  (A) Cooperation.--To promote effective 
                utilization of available resources, the 
                Secretary may cooperate with a State and an 
                appropriate agency in funding research, 
                development, and technology transfer activities 
                of mutual interest on a pooled funds basis.
                  (B) Secretary as agent.--The Secretary may 
                enter into contracts, cooperative agreements, 
                and grants as the agent for all participating 
                parties in carrying out such research, 
                development, or technology transfer activities.
                  (C) Transfer of amounts among States or to 
                Federal Highway Administration.--The Secretary 
                may, at the request of a State, transfer 
                amounts apportioned or allocated to that State 
                under this chapter to another State or the 
                Federal Highway Administration to fund 
                research, development, and technology transfer 
                activities of mutual interest on a pooled funds 
                basis.
                  (D) Transfer of obligation authority.--
                Obligation authority for amounts transferred 
                under this subsection shall be disbursed in the 
                same manner and for the same amount as provided 
                for the project being transferred.
          (7) Prize competitions.--
                  (A) In general.--The Secretary may use up to 
                1 percent of the funds made available under 
                section 51001 of the Transportation Research 
                and Innovative Technology Act of 2012 to carry 
                out a program to competitively award cash 
                prizes to stimulate innovation in basic and 
                applied research and technology development 
                that has the potential for application to the 
                national transportation system.
                  (B) Topics.--In selecting topics for prize 
                competitions under this paragraph, the 
                Secretary shall--
                          (i) consult with a wide variety of 
                        governmental and nongovernmental 
                        representatives; and
                          (ii) give consideration to prize 
                        goals that demonstrate innovative 
                        approaches and strategies to improve 
                        the safety, efficiency, and 
                        sustainability of the national 
                        transportation system.
                  (C) Advertising.--The Secretary shall 
                encourage participation in the prize 
                competitions through advertising efforts.
                  (D) Requirements and registration.--For each 
                prize competition, the Secretary shall publish 
                a notice on a public website (such as 
                www.challenge.gov) that describes--
                          (i) the subject of the competition;
                          (ii) the eligibility rules for 
                        participation in the competition;
                          (iii) the process for participants to 
                        register for the competition;
                          [(iii)] (iv) the amount of the 
                        [prize] cash prize purse; and
                          [(iv)] (v) the basis on which a 
                        winner will be selected.
                  (E) Eligibility.--An individual or entity may 
                not receive a [prize] cash prize purse under 
                this paragraph unless the individual or 
                entity--
                          (i) has registered to participate in 
                        the competition pursuant to any rules 
                        promulgated by the Secretary under this 
                        section;
                          (ii) has complied with all 
                        requirements under this paragraph;
                          (iii)(I) in the case of a private 
                        entity, is incorporated in, and 
                        maintains a primary place of business 
                        in, the United States; or
                          (II) in the case of an individual, 
                        whether participating singly or in a 
                        group, is a citizen or permanent 
                        resident of the United States;
                          (iv) is not a Federal entity or 
                        Federal employee acting within the 
                        scope of his or her employment; and
                          (v) has not received a grant to 
                        perform research on the same issue for 
                        which the [prize] cash prize purse is 
                        awarded.
                  (F) Use of federal facilities; consultation 
                with federal employees.--An individual or 
                entity is not ineligible to receive a cash 
                prize purse under this paragraph as a result of 
                the individual or entity using a Federal 
                facility or consulting with a Federal employee 
                related to the individual or entity's 
                participation in a prize competition under this 
                paragraph unless the same facility or employee 
                is made available to all individuals and 
                entities participating in the prize competition 
                on an equitable basis.
                  [(F)] (G) Liability.--
                          (i) Assumption of risk.--
                                  (I) In general.--A registered 
                                participant shall agree to 
                                assume any and all risks and 
                                waive claims against the 
                                Federal Government and its 
                                related entities, except in the 
                                case of willful misconduct, for 
                                any injury, death, damage, or 
                                loss of property, revenue, or 
                                profits, whether direct, 
                                indirect, or consequential, 
                                arising from participation in a 
                                [competition] prize competition 
                                under this paragraph, whether 
                                such injury, death, damage, or 
                                loss arises through negligence 
                                or otherwise.
                                  (II) Related entity.--In this 
                                subparagraph, the term 
                                ``related entity'' means a 
                                contractor, subcontractor (at 
                                any tier), supplier, user, 
                                customer, cooperating party, 
                                grantee, investigator, or 
                                detailee.
                          (ii) Financial responsibility.--A 
                        participant shall obtain liability 
                        insurance or demonstrate financial 
                        responsibility, in amounts determined 
                        by the Secretary, for claims by--
                                  (I) a third party for death, 
                                bodily injury, or property 
                                damage, or loss resulting from 
                                an activity carried out in 
                                connection with [participation 
                                in a competition] participation 
                                in a prize competition under 
                                this paragraph, with the 
                                Federal Government named as an 
                                additional insured under the 
                                registered participant's 
                                insurance policy and registered 
                                participants agreeing to 
                                indemnify the Federal 
                                Government against third party 
                                claims for damages arising from 
                                or related to [competition 
                                activities] prize competition 
                                activities; and
                                  (II) the Federal Government 
                                for damage or loss to 
                                Government property resulting 
                                from such an activity.
                          (iii) Intellectual property.--
                                  (I) Prohibition on requiring 
                                waiver.--The Secretary may not 
                                require a participant to waive 
                                claims against the Department 
                                arising out of the unauthorized 
                                use or disclosure by the 
                                Department of the intellectual 
                                property, trade secrets, or 
                                confidential business 
                                information of the participant.
                                  (II) Prohibition on 
                                government acquisition of 
                                intellectual property rights.--
                                The Federal Government may not 
                                gain an interest in 
                                intellectual property developed 
                                by a participant for a prize 
                                competition under this 
                                paragraph without the written 
                                consent of the participant.
                                  (III) Licenses.--The Federal 
                                Government may negotiate a 
                                license for the use of 
                                intellectual property developed 
                                by a participant for a prize 
                                competition under this 
                                paragraph.
                  [(G)] (H) Judges.--
                          (i) Selection.--Subject to clause 
                        (iii), for each prize competition, the 
                        Secretary, either directly or through 
                        an agreement under [subparagraph (H)] 
                        subparagraph (I), may appoint 1 or more 
                        qualified judges to select the winner 
                        or winners of the prize competition on 
                        the basis of the criteria described in 
                        subparagraph (D).
                          (ii) Selection.--Judges for each 
                        competition shall include individuals 
                        from outside the Federal Government, 
                        including the private sector.
                          (iii) Limitations.--A judge selected 
                        under this subparagraph may not--
                                  (I) have personal or 
                                financial interests in, or be 
                                an employee, officer, director, 
                                or agent of, any entity that is 
                                a registered participant in a 
                                prize competition under this 
                                paragraph; or
                                  (II) have a familial or 
                                financial relationship with an 
                                individual who is a registered 
                                participant.
                  [(H)] (I) Administering the competition.--The 
                Secretary may enter into [an agreement with a 
                private, nonprofit entity] a grant, contract, 
                cooperative agreement, or other agreement with 
                a private sector for-profit or nonprofit entity 
                to administer the prize competition, subject to 
                the provisions of this paragraph.
                  [(I)] (J) Funding.--
                          (i) In general.--
                                  (I) Private sector funding.--
                                A cash prize under this 
                                paragraph may consist of funds 
                                appropriated by the Federal 
                                Government and funds provided 
                                by [the private sector] private 
                                sector for-profit and nonprofit 
                                entities, to be available to 
                                the extent provided by 
                                appropriations Acts.
                                  (II) Government funding.--The 
                                Secretary may accept funds from 
                                other Federal agencies, State 
                                and local governments, [and 
                                metropolitan planning 
                                organizations] metropolitan 
                                planning organizations, and 
                                private sector for-profit and 
                                nonprofit entities for a cash 
                                prize under this paragraph.
                                  (III) No special 
                                consideration.--The Secretary 
                                may not give any special 
                                consideration to any private 
                                sector for-profit or nonprofit 
                                entity in return for a donation 
                                under this subparagraph.
                          (ii) Availability of funds.--
                        Notwithstanding any other provision of 
                        law, amounts appropriated for [prize 
                        awards] cash prize purses under this 
                        paragraph--
                                  (I) shall remain available 
                                until expended; and
                                  (II) may not be transferred, 
                                reprogrammed, or expended for 
                                other purposes until after the 
                                expiration of the 10-year 
                                period beginning on the last 
                                day of the fiscal year for 
                                which the funds were originally 
                                appropriated.
                          (iii) Savings provision.--Nothing in 
                        this subparagraph may be construed to 
                        permit the obligation or payment of 
                        funds in violation of the Anti-
                        Deficiency Act (31 U.S.C. 1341).
                          (iv) Prize announcement.--A prize 
                        competition may not be announced under 
                        this paragraph until all the funds 
                        needed to pay out the announced amount 
                        of [the prize] the cash prize purse 
                        have been appropriated by a 
                        governmental source or committed to in 
                        writing by a private source.
                          (v) Prize increases.--The Secretary 
                        may increase the [amount of a prize] 
                        amount of a cash prize purse after the 
                        initial announcement of the prize 
                        competition under this paragraph if--
                                  (I) notice of the increase is 
                                provided in the same manner as 
                                the initial notice of the prize 
                                competition; and
                                  (II) the funds needed to pay 
                                out the announced amount of the 
                                increase have been appropriated 
                                by a governmental source or 
                                committed to in writing by a 
                                private source.
                          (vi) Congressional notification.--A 
                        prize competition under this paragraph 
                        may [offer a prize] offer a cash prize 
                        purse in an amount greater than 
                        $1,000,000 only after 30 days have 
                        elapsed after written notice has been 
                        transmitted to the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate and the Committees on 
                        Transportation and Infrastructure and 
                        Science, Space, and Technology of the 
                        House of Representatives.
                          (vii) Award limit.--A prize 
                        competition under this section may not 
                        result in the award of more than 
                        $25,000 in [cash prizes] cash prize 
                        purses without the approval of the 
                        Secretary.
                  [(J)] (K) Compliance with existing law.--The 
                Federal Government shall not, by virtue of 
                offering [or providing a prize] a prize 
                competition or providing a cash prize purse 
                under this paragraph, be responsible for 
                compliance by registered participants in a 
                prize competition with Federal law, including 
                licensing, export control, and non-
                proliferation laws, and related regulations.
                  [(K)] (L) Notice and annual report.--
                          (i) In general.--Not later than 30 
                        days prior to carrying out an activity 
                        under subparagraph (A), the Secretary 
                        shall notify 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 of the 
                        intent to use such authority.
                          (ii) Reports.--
                                  (I) In general.--[The 
                                Secretary] Not later than March 
                                1 of each year, the Secretary 
                                shall submit to the committees 
                                described in clause (i) on an 
                                annual basis a report on the 
                                activities carried out under 
                                subparagraph (A) in the 
                                preceding fiscal year if the 
                                Secretary exercised the 
                                authority under subparagraph 
                                (A) in that fiscal year.
                                  (II) Information included.--A 
                                report under this subparagraph 
                                shall include, for each prize 
                                competition under subparagraph 
                                (A)--
                                          (aa) a description of 
                                        the proposed goals of 
                                        the prize competition;
                                          (bb) an analysis of 
                                        why the use of the 
                                        authority under 
                                        subparagraph (A) was 
                                        the preferable method 
                                        of achieving the goals 
                                        described in item (aa) 
                                        as opposed to other 
                                        authorities available 
                                        to the Secretary, such 
                                        as contracts, grants, 
                                        and cooperative 
                                        agreements;
                                          (cc) the total amount 
                                        of [cash prizes] cash 
                                        prize purses awarded 
                                        for each prize 
                                        competition, including 
                                        a description of the 
                                        amount of private funds 
                                        contributed to the 
                                        program, the source of 
                                        such funds, and the 
                                        manner in which the 
                                        amounts of [cash 
                                        prizes] cash prize 
                                        purses awarded and 
                                        claimed were allocated 
                                        among the accounts of 
                                        the Department for 
                                        recording as 
                                        obligations and 
                                        expenditures;
                                          (dd) the methods used 
                                        for the solicitation 
                                        and evaluation of 
                                        submissions under each 
                                        prize competition, 
                                        together with an 
                                        assessment of the 
                                        effectiveness of such 
                                        methods and lessons 
                                        learned for future 
                                        prize competitions;
                                          (ee) a description of 
                                        the resources, 
                                        including personnel and 
                                        funding, used in the 
                                        execution of each prize 
                                        competition together 
                                        with a detailed 
                                        description of the 
                                        activities for which 
                                        such resources were 
                                        used and an accounting 
                                        of how funding for 
                                        execution was allocated 
                                        among the accounts of 
                                        the [agency] Department 
                                        for recording as 
                                        obligations and 
                                        expenditures; and
                                          (ff) a description of 
                                        how each prize 
                                        competition advanced 
                                        the mission of the 
                                        Department.
  (c) Collaborative Research and Development.--
          (1) In general.--To encourage innovative solutions to 
        surface transportation problems and stimulate the 
        deployment of new technology, the Secretary may carry 
        out, on a cost-shared basis, collaborative research and 
        development with--
                  (A) non-Federal entities, including State and 
                local governments, foreign governments, 
                colleges and universities, corporations, 
                institutions, partnerships, sole 
                proprietorships, and trade associations that 
                are incorporated or established under the laws 
                of any State; and
                  (B) Federal laboratories.
          (2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the 
        Secretary may directly initiate contracts, cooperative 
        research and development agreements (as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and 
        accept funds from, the Transportation Research Board of 
        the National Research Council of the National Academy 
        of Sciences, State departments of transportation, 
        cities, counties, and their agents to conduct joint 
        transportation research and technology efforts.
          (3) Federal share.--
                  (A) In general.--The Federal share of the 
                cost of activities carried out under a 
                cooperative research and development agreement 
                entered into under this chapter shall not 
                exceed 80 percent, except that if there is 
                substantial public interest or benefit, the 
                Secretary may approve a greater Federal share.
                  (B) Non-Federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development 
                costs, shall be credited toward the non-Federal 
                share of the cost of the activities described 
                in subparagraph (A).
          (4) Use of technology.--The research, development, or 
        use of a technology under a cooperative research and 
        development agreement entered into under this chapter, 
        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.).
          (5) Waiver of advertising requirements.--Section 
        6101(b) to (d) of title 41 shall not apply to a 
        contract or agreement entered into under this chapter.

Sec. 503. Research and technology development and deployment

  (a) In General.--The Secretary shall--
          (1) carry out research, development, and deployment 
        activities that encompass the entire innovation 
        lifecycle; and
          (2) ensure that all research carried out under this 
        section aligns with the transportation research and 
        development strategic plan of the Secretary under 
        section 508.
  (b) Highway Research and Development Program.--
          (1) Objectives.--In carrying out the highway research 
        and development program, the Secretary, to address 
        current and emerging highway transportation needs, 
        shall--
                  (A) identify research topics;
                  (B) coordinate research and development 
                activities;
                  (C) carry out research, testing, and 
                evaluation activities; and
                  (D) provide technology transfer and technical 
                assistance.
          (2) Improving highway safety.--
                  (A) In general.--The Secretary shall carry 
                out research and development activities from an 
                integrated perspective to establish and 
                implement systematic measures to improve 
                highway safety.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i) to achieve greater long-term 
                        safety gains;
                          (ii) to reduce the number of 
                        fatalities and serious injuries on 
                        public roads;
                          (iii) to fill knowledge gaps that 
                        limit the effectiveness of research;
                          (iv) to support the development and 
                        implementation of State strategic 
                        highway safety plans;
                          (v) to advance improvements in, and 
                        use of, performance prediction analysis 
                        for decisionmaking; and
                          (vi) to expand technology transfer to 
                        partners and stakeholders.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) safety assessments and 
                        decisionmaking tools;
                          (ii) data collection and analysis;
                          (iii) crash reduction projections;
                          (iv) low-cost safety countermeasures;
                          (v) innovative operational 
                        improvements and designs of roadway and 
                        roadside features;
                          (vi) evaluation of countermeasure 
                        costs and benefits;
                          (vii) development of tools for 
                        projecting impacts of safety 
                        countermeasures;
                          (viii) rural road safety measures;
                          (ix) safety measures for vulnerable 
                        road users, including bicyclists and 
                        pedestrians;
                          (x) safety policy studies;
                          (xi) human factors studies and 
                        measures;
                          (xii) safety technology deployment;
                          (xiii) safety workforce professional 
                        capacity building initiatives;
                          (xiv) safety program and process 
                        improvements; and
                          (xv) tools and methods to enhance 
                        safety performance, including 
                        achievement of statewide safety 
                        performance targets.
          (3) Improving infrastructure integrity.--
                  (A) In general.--The Secretary shall carry 
                out and facilitate highway and bridge 
                infrastructure research and development 
                activities--
                          (i) to maintain infrastructure 
                        integrity;
                          (ii) to meet user needs; and
                          (iii) to link Federal transportation 
                        investments to improvements in system 
                        performance.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i) to reduce the number of 
                        fatalities attributable to 
                        infrastructure design characteristics 
                        and work zones;
                          (ii) to improve the safety and 
                        security of highway infrastructure;
                          (iii) to increase the reliability of 
                        lifecycle performance predictions used 
                        in infrastructure design, construction, 
                        and management;
                          (iv) to improve the ability of 
                        transportation agencies to deliver 
                        projects that meet expectations for 
                        timeliness, quality, and cost;
                          (v) to reduce user delay attributable 
                        to infrastructure system performance, 
                        maintenance, rehabilitation, and 
                        construction;
                          (vi) to improve highway condition and 
                        performance through increased use of 
                        design, materials, construction, and 
                        maintenance innovations;
                          (vii) to reduce the environmental 
                        impacts of highway infrastructure 
                        through innovations in design, 
                        construction, operation, preservation, 
                        and maintenance; and
                          (viii) to study vulnerabilities of 
                        the transportation system to seismic 
                        activities and extreme events and 
                        methods to reduce those 
                        vulnerabilities.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) long-term infrastructure 
                        performance programs addressing 
                        pavements, bridges, tunnels, and other 
                        structures;
                          (ii) short-term and accelerated 
                        studies of infrastructure performance;
                          (iii) research to develop more 
                        durable infrastructure materials and 
                        systems;
                          (iv) advanced infrastructure design 
                        methods;
                          (v) accelerated highway and bridge 
                        construction;
                          (vi) performance-based 
                        specifications;
                          (vii) construction and materials 
                        quality assurance;
                          (viii) comprehensive and integrated 
                        infrastructure asset management;
                          (ix) infrastructure safety assurance;
                          (x) sustainable infrastructure design 
                        and construction;
                          (xi) infrastructure rehabilitation 
                        and preservation techniques, including 
                        techniques to rehabilitate and preserve 
                        historic infrastructure;
                          (xii) hydraulic, geotechnical, and 
                        aerodynamic aspects of infrastructure;
                          (xiii) improved highway construction 
                        technologies and practices;
                          (xiv) improved tools, technologies, 
                        and models for infrastructure 
                        management, including assessment and 
                        monitoring of infrastructure condition;
                          (xv) studies to improve flexibility 
                        and resiliency of infrastructure 
                        systems to withstand climate 
                        variability;
                          (xvi) studies on the effectiveness of 
                        fiber-based additives to improve the 
                        durability of surface transportation 
                        materials in various geographic 
                        regions;
                          (xvii) studies of infrastructure 
                        resilience and other adaptation 
                        measures;
                          (xviii) maintenance of seismic 
                        research activities, including research 
                        carried out in conjunction with other 
                        Federal agencies to study the 
                        vulnerability of the transportation 
                        system to seismic activity and methods 
                        to reduce that vulnerability; [and]
                          (xix) technology transfer and 
                        adoption of permeable, pervious, or 
                        porous paving materials, practices, and 
                        systems that are designed to minimize 
                        environmental impacts, stormwater 
                        runoff, and flooding and to treat or 
                        remove pollutants by allowing 
                        stormwater to infiltrate through the 
                        pavement in a manner similar to 
                        predevelopment hydrologic 
                        conditions[.]; and
                          (xx) corrosion prevention measures 
                        for the structural integrity of 
                        bridges.
                  (D) Lifecycle costs analysis study.--
                          (i) In general.--In this 
                        subparagraph, the term ``lifecycle 
                        costs analysis'' means a process for 
                        evaluating the total economic worth of 
                        a usable project segment by analyzing 
                        initial costs and discounted future 
                        costs, such as maintenance, user, 
                        reconstruction, rehabilitation, 
                        restoring, and resurfacing costs, over 
                        the life of the project segment.
                          (ii) Study.--The Comptroller General 
                        shall conduct a study of the best 
                        practices for calculating lifecycle 
                        costs and benefits for federally funded 
                        highway projects, which shall include, 
                        at a minimum, a thorough literature 
                        review and a survey of current 
                        lifecycle cost practices of State 
                        departments of transportation.
                          (iii) Consultation.--In carrying out 
                        the study, the Comptroller shall 
                        consult with, at a minimum--
                                  (I) the American Association 
                                of State Highway and 
                                Transportation Officials;
                                  (II) appropriate experts in 
                                the field of lifecycle cost 
                                analysis; and
                                  (III) appropriate industry 
                                experts and research centers.
                  (E) Report.--Not later than 1 year after the 
                date of enactment of the Transportation 
                Research and Innovative Technology Act of 2012, 
                the Comptroller General shall submit to the 
                Committee on Environment and Public Works of 
                the Senate and the Committees on Transportation 
                and Infrastructure and Science, Space, and 
                Technology of the House of Representatives a 
                report on the results of the study which shall 
                include--
                          (i) a summary of the latest research 
                        on lifecycle cost analysis; and
                          (ii) recommendations on the 
                        appropriate--
                                  (I) period of analysis;
                                  (II) design period;
                                  (III) discount rates; and
                                  (IV) use of actual material 
                                life and maintenance cost data.
          (4) Strengthening transportation planning and 
        environmental decisionmaking.--
                  (A) In general.--The Secretary may carry out 
                research--
                          (i) to minimize the cost of 
                        transportation planning and 
                        environmental decisionmaking processes;
                          (ii) to improve transportation 
                        planning and environmental 
                        decisionmaking processes; and
                          (iii) to minimize the potential 
                        impact of surface transportation on the 
                        environment.
                  (B) Objectives.--In carrying out this 
                paragraph the Secretary may carry out research 
                and development activities--
                          (i) to minimize the cost of highway 
                        infrastructure and operations;
                          (ii) to reduce the potential impact 
                        of highway infrastructure and 
                        operations on the environment;
                          (iii) to advance improvements in 
                        environmental analyses and processes 
                        and context sensitive solutions for 
                        transportation decisionmaking;
                          (iv) to improve construction 
                        techniques;
                          (v) to accelerate construction to 
                        reduce congestion and related 
                        emissions;
                          (vi) to reduce the impact of highway 
                        runoff on the environment;
                          (vii) to improve understanding and 
                        modeling of the factors that contribute 
                        to the demand for transportation; and
                          (viii) to improve transportation 
                        planning decisionmaking and 
                        coordination.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) creation of models and tools for 
                        evaluating transportation measures and 
                        transportation system designs, 
                        including the costs and benefits;
                          (ii) congestion reduction efforts;
                          (iii) transportation and economic 
                        development planning in rural areas and 
                        small communities;
                          (iv) improvement of State, local, and 
                        tribal government capabilities relating 
                        to surface transportation planning and 
                        the environment; and
                          (v) streamlining of project delivery 
                        processes.
          (5) Reducing congestion, improving highway 
        operations, and enhancing freight productivity.--
                  (A) In general.--The Secretary shall carry 
                out research under this paragraph with the 
                goals of--
                          (i) addressing congestion problems;
                          (ii) reducing the costs of 
                        congestion;
                          (iii) improving freight movement;
                          (iv) increasing productivity; and
                          (v) improving the economic 
                        competitiveness of the United States.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities to 
                identify, develop, and assess innovations that 
                have the potential--
                          (i) to reduce traffic congestion;
                          (ii) to improve freight movement; and
                          (iii) to reduce freight-related 
                        congestion throughout the 
                        transportation network.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) active traffic and demand 
                        management;
                          (ii) acceleration of the 
                        implementation of Intelligent 
                        Transportation Systems technology;
                          (iii) advanced transportation 
                        concepts and analysis;
                          (iv) arterial management and traffic 
                        signal operation;
                          (v) congestion pricing;
                          (vi) corridor management;
                          (vii) emergency operations;
                          (viii) research relating to enabling 
                        technologies and applications;
                          (ix) freeway management;
                          (x) evaluation of enabling 
                        technologies;
                          (xi) impacts of vehicle size and 
                        weight on congestion;
                          (xii) freight operations and 
                        technology;
                          (xiii) operations and freight 
                        performance measurement and management;
                          (xiv) organization and planning for 
                        operations;
                          (xv) planned special events 
                        management;
                          (xvi) real-time transportation 
                        information;
                          (xvii) road weather management;
                          (xviii) traffic and freight data and 
                        analysis tools;
                          (xix) traffic control devices;
                          (xx) traffic incident management;
                          (xxi) work zone management;
                          (xxii) communication of travel, 
                        roadway, and emergency information to 
                        persons with disabilities;
                          (xxiii) research on enhanced mode 
                        choice and intermodal connectivity;
                          (xxiv) techniques for estimating and 
                        quantifying public benefits derived 
                        from freight transportation projects; 
                        and
                          (xxv) other research areas to 
                        identify and address emerging needs 
                        related to freight transportation by 
                        all modes.
          (6) Exploratory advanced research.--The Secretary 
        shall carry out research and development activities 
        relating to exploratory advanced research--
                  (A) to leverage the targeted capabilities of 
                the Turner-Fairbank Highway Research Center to 
                develop technologies and innovations of 
                national importance; and
                  (B) to develop potentially transformational 
                solutions to improve the durability, 
                efficiency, environmental impact, productivity, 
                and safety aspects of highway and intermodal 
                transportation systems.
          (7) Turner-Fairbank Highway Research Center.--
                  (A) In general.--The Secretary shall continue 
                to operate in the Federal Highway 
                Administration a Turner-Fairbank Highway 
                Research Center.
                  (B) Uses of the Center.--The Turner-Fairbank 
                Highway Research Center shall support--
                          (i) the conduct of highway research 
                        and development relating to emerging 
                        highway technology;
                          (ii) the development of 
                        understandings, tools, and techniques 
                        that provide solutions to complex 
                        technical problems through the 
                        development of economical and 
                        environmentally sensitive designs, 
                        efficient and quality-controlled 
                        construction practices, and durable 
                        materials;
                          (iii) the development of innovative 
                        highway products and practices; and
                          (iv) the conduct of long-term, high-
                        risk research to improve the materials 
                        used in highway infrastructure.
          (8) Infrastructure investment needs report.--
                  (A) In general.--Not later than July 31, 
                2013, and July 31 of every second year 
                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 estimates of 
                the future highway and bridge needs of the 
                United States and the backlog of current 
                highway and bridge needs.
                  (B) Comparisons.--Each report under 
                subparagraph (A) shall include all information 
                necessary to relate and compare the conditions 
                and service measures used in the previous 
                biennial reports to conditions and service 
                measures used in the current report.
                  (C) Inclusions.--Each report under 
                subparagraph (A) shall provide recommendations 
                to Congress on changes to the highway 
                performance monitoring system that address--
                          (i) improvements to the quality and 
                        standardization of data collection on 
                        all functional classifications of 
                        Federal-aid highways for accurate 
                        system length, lane length, and 
                        vehicle-mile of travel; and
                          (ii) changes to the reporting 
                        requirements authorized under section 
                        315, to reflect recommendations under 
                        this paragraph for collection, storage, 
                        analysis, reporting, and display of 
                        data for Federal-aid highways and, to 
                        the maximum extent practical, all 
                        public roads.
  (c) Technology and Innovation Deployment Program.--
          (1) In general.--The Secretary shall carry out a 
        technology and innovation deployment program relating 
        to all aspects of highway transportation, including 
        planning, financing, operation, structures, materials, 
        pavements, environment, construction, and the duration 
        of time between project planning and project delivery, 
        with the goals of--
                  (A) significantly accelerating the adoption 
                of innovative technologies by the surface 
                transportation community;
                  (B) providing leadership and incentives to 
                demonstrate and promote state-of-the-art 
                technologies, elevated performance standards, 
                and new business practices in highway 
                construction processes that result in improved 
                safety, faster construction, reduced congestion 
                from construction, and improved quality and 
                user satisfaction;
                  (C) constructing longer-lasting highways 
                through the use of innovative technologies and 
                practices that lead to faster construction of 
                efficient and safe highways and bridges;
                  (D) improving highway efficiency, safety, 
                mobility, reliability, service life, 
                environmental protection, and sustainability; 
                and
                  (E) developing and deploying new tools, 
                techniques, and practices to accelerate the 
                adoption of innovation in all aspects of 
                highway transportation.
          (2) Implementation.--
                  (A) In general.--The Secretary shall promote, 
                facilitate, and carry out the program 
                established under paragraph (1) to distribute 
                the products, technologies, tools, methods, or 
                other findings that result from highway 
                research and development activities, including 
                research and development activities carried out 
                under this chapter.
                  (B) Accelerated innovation deployment.--In 
                carrying out the program established under 
                paragraph (1), the Secretary shall--
                          (i) establish and carry out 
                        demonstration programs;
                          (ii) provide technical assistance, 
                        and training to researchers and 
                        developers; and
                          (iii) develop improved tools and 
                        methods to accelerate the adoption of 
                        proven innovative practices and 
                        technologies as standard practices.
                  (C) Implementation of future strategic 
                highway research program findings and 
                results.--
                          (i) In general.--The Secretary, in 
                        consultation with the American 
                        Association of State Highway and 
                        Transportation Officials and the 
                        Transportation Research Board of the 
                        National Academy of Sciences, shall 
                        promote research results and products 
                        developed under the future strategic 
                        highway research program administered 
                        by the Transportation Research Board of 
                        the National Academy of Sciences.
                          (ii) Basis for findings.--The 
                        activities carried out under this 
                        subparagraph shall be based on the 
                        report submitted to Congress by the 
                        Transportation Research Board of the 
                        National Academy of Sciences under 
                        section 510(e).
                          (iii) Personnel.--The Secretary may 
                        use funds made available to carry out 
                        this subsection for administrative 
                        costs under this subparagraph.
          (3) Accelerated implementation and deployment of 
        pavement technologies.--
                  (A) In general.--The Secretary shall 
                establish and implement a program under the 
                technology and innovation deployment program to 
                promote, implement, deploy, demonstrate, 
                showcase, support, and document the application 
                of innovative pavement technologies, practices, 
                performance, and benefits.
                  (B) Goals.--The goals of the accelerated 
                implementation and deployment of pavement 
                technologies program shall include--
                          (i) the deployment of new, cost-
                        effective designs, materials, recycled 
                        materials, and practices to extend the 
                        pavement life and performance and to 
                        improve user satisfaction;
                          (ii) the reduction of initial costs 
                        and lifecycle costs of pavements, 
                        including the costs of new 
                        construction, replacement, maintenance, 
                        and rehabilitation;
                          (iii) the deployment of accelerated 
                        construction techniques to increase 
                        safety and reduce construction time and 
                        traffic disruption and congestion;
                          (iv) the deployment of engineering 
                        design criteria and specifications for 
                        new and efficient practices, products, 
                        and materials for use in highway 
                        pavements;
                          (v) the deployment of new 
                        nondestructive and real- time pavement 
                        evaluation technologies and 
                        construction techniques; and
                          (vi) effective technology transfer 
                        and information dissemination to 
                        accelerate implementation of new 
                        technologies and to improve life, 
                        performance, cost effectiveness, 
                        safety, and user satisfaction.
                  (C) Funding.--The Secretary shall obligate 
                for each of fiscal years [2013 through 2014] 
                2016 through 2021 from funds made available to 
                carry out this subsection $12,000,000 to 
                accelerate the deployment and implementation of 
                pavement technology.
                  (D) Publication.--The Secretary shall make 
                available to the public on an Internet Web site 
                on an annual basis a report on the cost and 
                benefits from deployment of new technology and 
                innovations that substantially and directly 
                resulted from the program established under 
                this paragraph. The report may include an 
                analysis of--
                          (i) Federal, State, and local cost 
                        savings;
                          (ii) project delivery time 
                        improvements;
                          (iii) reduced fatalities; and
                          (iv) congestion impacts.
          (4) Advanced transportation technologies 
        deployment.--
                  (A) In general.--Not later than 6 months 
                after the date of enactment of this paragraph, 
                the Secretary shall establish an advanced 
                transportation and congestion management 
                technologies deployment initiative to provide 
                grants to eligible entities to develop model 
                deployment sites for large scale installation 
                and operation of advanced transportation 
                technologies to improve safety, efficiency, 
                system performance, and infrastructure return 
                on investment.
                  (B) Criteria.--The Secretary shall develop 
                criteria for selection of an eligible entity to 
                receive a grant under this paragraph, including 
                how the deployment of technology will--
                          (i) reduce costs and improve return 
                        on investments, including through the 
                        enhanced use of existing transportation 
                        capacity;
                          (ii) deliver environmental benefits 
                        that alleviate congestion and 
                        streamline traffic flow;
                          (iii) measure and improve the 
                        operational performance of the 
                        applicable transportation network;
                          (iv) reduce the number and severity 
                        of traffic crashes and increase driver, 
                        passenger, and pedestrian safety;
                          (v) collect, disseminate, and use 
                        real-time traffic, transit, parking, 
                        and other transportation-related 
                        information to improve mobility, reduce 
                        congestion, and provide for more 
                        efficient and accessible 
                        transportation;
                          (vi) monitor transportation assets to 
                        improve infrastructure management, 
                        reduce maintenance costs, prioritize 
                        investment decisions, and ensure a 
                        state of good repair;
                          (vii) deliver economic benefits by 
                        reducing delays, improving system 
                        performance, and providing for the 
                        efficient and reliable movement of 
                        goods and services; or
                          (viii) accelerate the deployment of 
                        vehicle-to-vehicle, vehicle-to-
                        infrastructure, autonomous vehicles, 
                        and other technologies.
                  (C) Applications.--
                          (i) Request.--Not later than 6 months 
                        after the date of enactment of this 
                        paragraph, and for every fiscal year 
                        thereafter, the Secretary shall request 
                        applications in accordance with clause 
                        (ii).
                          (ii) Contents.--An application 
                        submitted under this subparagraph shall 
                        include the following:
                                  (I) Plan.--A plan to deploy 
                                and provide for the long-term 
                                operation and maintenance of 
                                advanced transportation and 
                                congestion management 
                                technologies to improve safety, 
                                efficiency, system performance, 
                                and return on investment.
                                  (II) Objectives.--
                                Quantifiable system performance 
                                improvements, such as--
                                          (aa) reducing 
                                        traffic-related 
                                        crashes, congestion, 
                                        and costs;
                                          (bb) optimizing 
                                        system efficiency; and
                                          (cc) improving access 
                                        to transportation 
                                        services.
                                  (III) Results.--Quantifiable 
                                safety, mobility, and 
                                environmental benefit 
                                projections such as data-driven 
                                estimates of how the project 
                                will improve the region's 
                                transportation system 
                                efficiency and reduce traffic 
                                congestion.
                                  (IV) Partnerships.--A plan 
                                for partnering with the private 
                                sector or public agencies, 
                                including multimodal and 
                                multijurisdictional entities, 
                                research institutions, 
                                organizations representing 
                                transportation and technology 
                                leaders, or other 
                                transportation stakeholders.
                                  (V) Leveraging.--A plan to 
                                leverage and optimize existing 
                                local and regional advanced 
                                transportation technology 
                                investments.
                  (D) Grant selection.--
                          (i) Grant awards.--Not later than 1 
                        year after the date of enactment of 
                        this paragraph, and for every fiscal 
                        year thereafter, the Secretary shall 
                        award grants to not less than 5 and not 
                        more than 8 eligible entities.
                          (ii) Geographic diversity.--In 
                        awarding a grant under this paragraph, 
                        the Secretary shall ensure, to the 
                        extent practicable, that grant 
                        recipients represent diverse geographic 
                        areas of the United States.
                  (E) Use of grant funds.--A grant recipient 
                may use funds awarded under this paragraph to 
                deploy advanced transportation and congestion 
                management technologies, including--
                          (i) advanced traveler information 
                        systems;
                          (ii) advanced transportation 
                        management technologies;
                          (iii) infrastructure maintenance, 
                        monitoring, and condition assessment;
                          (iv) advanced public transportation 
                        systems;
                          (v) transportation system performance 
                        data collection, analysis, and 
                        dissemination systems;
                          (vi) advanced safety systems, 
                        including vehicle-to-vehicle and 
                        vehicle-to-infrastructure 
                        communications, technologies associated 
                        with autonomous vehicles, and other 
                        collision avoidance technologies, 
                        including systems using cellular 
                        technology;
                          (vii) integration of intelligent 
                        transportation systems with the Smart 
                        Grid and other energy distribution and 
                        charging systems;
                          (viii) electronic pricing and payment 
                        systems; or
                          (ix) advanced mobility and access 
                        technologies, such as dynamic 
                        ridesharing and information systems to 
                        support human services for elderly and 
                        disabled individuals.
                  (F) Report to secretary.--Not later than 1 
                year after an eligible entity receives a grant 
                under this paragraph, and each year thereafter, 
                the entity shall submit a report to the 
                Secretary that describes--
                          (i) deployment and operational costs 
                        of the project compared to the benefits 
                        and savings the project provides; and
                          (ii) how the project has met the 
                        original expectations projected in the 
                        deployment plan submitted with the 
                        application, such as--
                                  (I) data on how the project 
                                has helped reduce traffic 
                                crashes, congestion, costs, and 
                                other benefits of the deployed 
                                systems;
                                  (II) data on the effect of 
                                measuring and improving 
                                transportation system 
                                performance through the 
                                deployment of advanced 
                                technologies;
                                  (III) the effectiveness of 
                                providing real-time integrated 
                                traffic, transit, and 
                                multimodal transportation 
                                information to the public to 
                                make informed travel decisions; 
                                and
                                  (IV) lessons learned and 
                                recommendations for future 
                                deployment strategies to 
                                optimize transportation 
                                efficiency and multimodal 
                                system performance.
                  (G) Report.--Not later than 3 years after the 
                date that the first grant is awarded under this 
                paragraph, and each year thereafter, the 
                Secretary shall make available to the public on 
                an Internet Web site a report that describes 
                the effectiveness of grant recipients in 
                meeting their projected deployment plans, 
                including data provided under subparagraph (F) 
                on how the program has--
                          (i) reduced traffic-related 
                        fatalities and injuries;
                          (ii) reduced traffic congestion and 
                        improved travel time reliability;
                          (iii) reduced transportation-related 
                        emissions;
                          (iv) optimized multimodal system 
                        performance;
                          (v) improved access to transportation 
                        alternatives;
                          (vi) provided the public with access 
                        to real-time integrated traffic, 
                        transit, and multimodal transportation 
                        information to make informed travel 
                        decisions;
                          (vii) provided cost savings to 
                        transportation agencies, businesses, 
                        and the traveling public; or
                          (viii) provided other benefits to 
                        transportation users and the general 
                        public.
                  (H) Additional grants.--The Secretary may 
                cease to provide additional grant funds to a 
                recipient of a grant under this paragraph if--
                          (i) the Secretary determines from 
                        such recipient's report that the 
                        recipient is not carrying out the 
                        requirements of the grant; and
                          (ii) the Secretary provides written 
                        notice 60 days prior to withholding 
                        funds to the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Environment and Public 
                        Works of the Senate.
                  (I) Funding.--
                          (i) In general.--From funds made 
                        available to carry out section 503(b), 
                        this subsection, and sections 512 
                        through 518, the Secretary shall set 
                        aside for grants awarded under 
                        subparagraph (D) $75,000,000 for each 
                        of fiscal years 2016 through 2021.
                          (ii) Expenses for the secretary.--Of 
                        the amounts set aside under clause (i), 
                        the Secretary may set aside $2,000,000 
                        each fiscal year for program reporting, 
                        evaluation, and administrative costs 
                        related to this paragraph.
                  (J) Federal share.--The Federal share of the 
                cost of a project for which a grant is awarded 
                under this subsection shall not exceed 50 
                percent of the cost of the project.
                  (K) Grant limitation.--The Secretary may not 
                award more than 20 percent of the amount 
                described under subparagraph (I) in a fiscal 
                year to a single grant recipient.
                  (L) Expenses for grant recipients.--A grant 
                recipient under this paragraph may use not more 
                than 5 percent of the funds awarded each fiscal 
                year to carry out planning and reporting 
                requirements.
                  (M) Grant flexibility.--
                          (i) In general.--If, by August 1 of 
                        each fiscal year, the Secretary 
                        determines that there are not enough 
                        grant applications that meet the 
                        requirements described in subparagraph 
                        (C) to carry out this section for a 
                        fiscal year, the Secretary shall 
                        transfer to the programs specified in 
                        clause (ii)--
                                  (I) any of the funds reserved 
                                for the fiscal year under 
                                subparagraph (I) that the 
                                Secretary has not yet awarded 
                                under this paragraph; and
                                  (II) an amount of obligation 
                                limitation equal to the amount 
                                of funds that the Secretary 
                                transfers under subclause (I).
                          (ii) Programs.--The programs referred 
                        to in clause (i) are--
                                  (I) the program under section 
                                503(b);
                                  (II) the program under 
                                section 503(c); and
                                  (III) the programs under 
                                sections 512 through 518.
                          (iii) Distribution.--Any transfer of 
                        funds and obligation limitation under 
                        clause (i) shall be divided among the 
                        programs referred to in that clause in 
                        the same proportions as the Secretary 
                        originally reserved funding from the 
                        programs for the fiscal year under 
                        subparagraph (I).
                  (N) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Eligible entity.--The term 
                        ``eligible entity'' means a State or 
                        local government, a transit agency, 
                        metropolitan planning organization 
                        representing a population of over 
                        200,000, or other political subdivision 
                        of a State or local government or a 
                        multijurisdictional group or a 
                        consortia of research institutions or 
                        academic institutions.
                          (ii) Advanced and congestion 
                        management transportation 
                        technologies.--The term ``advanced 
                        transportation and congestion 
                        management technologies'' means 
                        technologies that improve the 
                        efficiency, safety, or state of good 
                        repair of surface transportation 
                        systems, including intelligent 
                        transportation systems.
                          (iii) Multijurisdictional group.--The 
                        term ``multijurisdictional group'' 
                        means a any combination of State 
                        governments, locals governments, 
                        metropolitan planning agencies, transit 
                        agencies, or other political 
                        subdivisions of a State for which each 
                        member of the group--
                                  (I) has signed a written 
                                agreement to implement the 
                                advanced transportation 
                                technologies deployment 
                                initiative across 
                                jurisdictional boundaries; and
                                  (II) is an eligible entity 
                                under this paragraph.

Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a National Highway 
        Institute (in this subsection referred to as the 
        ``Institute''). The Secretary shall administer, through 
        the Institute, the authority vested in the Secretary by 
        this title or by any other law for the development and 
        conduct of education and training programs relating to 
        highways.
          (2) Duties of the institute.--In cooperation with 
        State transportation departments, United States 
        industry, and any national or international entity, the 
        Institute shall develop and administer education and 
        training programs of instruction for--
                  (A) Federal Highway Administration, State, 
                and local transportation agency employees and 
                the employees of any other applicable Federal 
                agency;
                  (B) regional, State, and metropolitan 
                planning organizations;
                  (C) State and local police, public safety, 
                and motor vehicle employees; and
                  (D) United States citizens and foreign 
                nationals engaged or to be engaged in surface 
                transportation work of interest to the United 
                States.
          (3) Courses.--
                  (A) In general.--The Institute shall--
                          (i) develop or update existing 
                        courses in asset management, including 
                        courses that include such components 
                        as--
                                  (I) the determination of 
                                life-cycle costs;
                                  (II) the valuation of assets;
                                  (III) benefit-to-cost ratio 
                                calculations; and
                                  (IV) objective decisionmaking 
                                processes for project 
                                selection; and
                          (ii) continually develop courses 
                        relating to the application of emerging 
                        technologies for--
                                  (I) transportation 
                                infrastructure applications and 
                                asset management;
                                  (II) intelligent 
                                transportation systems;
                                  (III) operations (including 
                                security operations);
                                  (IV) the collection and 
                                archiving of data;
                                  (V) reducing the amount of 
                                time required for the planning 
                                and development of 
                                transportation projects; and
                                  (VI) the intermodal movement 
                                of individuals and freight.
                  (B) Additional courses.--In addition to the 
                courses developed under subparagraph (A), the 
                Institute, in consultation with State 
                transportation departments, metropolitan 
                planning organizations, and the American 
                Association of State Highway and Transportation 
                Officials, may develop courses relating to 
                technology, methods, techniques, engineering, 
                construction, safety, maintenance, 
                environmental mitigation and compliance, 
                regulations, management, inspection, and 
                finance.
                  (C) Revision of courses offered.--The 
                Institute shall periodically--
                          (i) review the course inventory of 
                        the Institute; and
                          (ii) revise or cease to offer courses 
                        based on course content, applicability, 
                        and need.
          (4) Set-aside; federal share.--Not to exceed 1/2 of 1 
        percent of the funds apportioned to a State under 
        section [104(b)(3)] 104(b)(2) for the [surface 
        transportation program] surface transportation block 
        grant program shall be available for expenditure by the 
        State transportation department for the payment of not 
        to exceed 80 percent of the cost of tuition and direct 
        educational expenses (excluding salaries) in connection 
        with the education and training of employees of State 
        and local transportation agencies in accordance with 
        this subsection.
          (5) Federal responsibility.--
                  (A) In general.--Except as provided in 
                subparagraph (B), education and training of 
                employees of Federal, State, and local 
                transportation (including highway) agencies 
                authorized under this subsection may be 
                provided--
                          (i) by the Secretary at no cost to 
                        the States and local governments if the 
                        Secretary determines that provision at 
                        no cost is in the public interest; or
                          (ii) by the State through grants, 
                        cooperative agreements, and contracts 
                        with public and private agencies, 
                        institutions, individuals, and the 
                        Institute.
                  (B) Payment of full cost by private 
                persons.--Private agencies, international or 
                foreign entities, and individuals shall pay the 
                full cost of any education and training 
                received by them unless the Secretary 
                determines that a lower cost is of critical 
                importance to the public interest.
          (6) Training fellowships; cooperation.--The Institute 
        may--
                  (A) engage in training activities authorized 
                under this subsection, including the granting 
                of training fellowships; and
                  (B) carry out its authority independently or 
                in cooperation with any other branch of the 
                Federal Government or any State agency, 
                authority, association, institution, for-profit 
                or nonprofit corporation, other national or 
                international entity, or other person.
          (7) Collection of fees.--
                  (A) General rule.--In accordance with this 
                subsection, the Institute may assess and 
                collect fees solely to defray the costs of the 
                Institute in developing or administering 
                education and training programs under this 
                subsection.
                  (B) Limitation.--Fees may be assessed and 
                collected under this subsection only in a 
                manner that may reasonably be expected to 
                result in the collection of fees during any 
                fiscal year in an aggregate amount that does 
                not exceed the aggregate amount of the costs 
                referred to in subparagraph (A) for the fiscal 
                year.
                  (C) Persons subject to fees.--Fees may be 
                assessed and collected under this subsection 
                only with respect to--
                          (i) persons and entities for whom 
                        education or training programs are 
                        developed or administered under this 
                        subsection; and
                          (ii) persons and entities to whom 
                        education or training is provided under 
                        this subsection.
                  (D) Amount of fees.--The fees assessed and 
                collected under this subsection shall be 
                established in a manner that ensures that the 
                liability of any person or entity for a fee is 
                reasonably based on the proportion of the costs 
                referred to in subparagraph (A) that relate to 
                the person or entity.
                  (E) Use.--All fees collected under this 
                subsection shall be used to defray costs 
                associated with the development or 
                administration of education and training 
                programs authorized under this subsection.
          (8) Relation to fees.--The funds made available to 
        carry out this subsection may be combined with or held 
        separate from the fees collected under paragraph (7).
  (b) Local Technical Assistance Program.--
          (1) Authority.--The Secretary shall carry out a local 
        technical assistance program that will provide access 
        to surface transportation technology to--
                  (A) highway and transportation agencies in 
                urbanized and rural areas;
                  (B) contractors that perform work for the 
                agencies; and
                  (C) infrastructure security staff.
          (2) Grants, cooperative agreements, and contracts.--
        The Secretary may make grants and enter into 
        cooperative agreements and contracts to provide 
        education and training, technical assistance, and 
        related support services to--
                  (A) assist rural, local transportation 
                agencies and tribal governments, and the 
                consultants and construction personnel working 
                for the agencies and governments, to--
                          (i) develop and expand expertise in 
                        road and transportation areas 
                        (including pavement, bridge, concrete 
                        structures, intermodal connections, 
                        safety management systems, intelligent 
                        transportation systems, incident 
                        response, operations, and traffic 
                        safety countermeasures);
                          (ii) improve roads and bridges;
                          (iii) enhance--
                                  (I) programs for the movement 
                                of passengers and freight; and
                                  (II) intergovernmental 
                                transportation planning and 
                                project selection; and
                          (iv) deal effectively with special 
                        transportation- related problems by 
                        preparing and providing training 
                        packages, manuals, guidelines, and 
                        technical resource materials;
                  (B) develop technical assistance for tourism 
                and recreational travel;
                  (C) identify, package, and deliver 
                transportation technology and traffic safety 
                information to local jurisdictions to assist 
                urban transportation agencies in developing and 
                expanding their ability to deal effectively 
                with transportation-related problems 
                (particularly the promotion of regional 
                cooperation);
                  (D) operate, in cooperation with State 
                transportation departments and universities--
                          (i) local technical assistance 
                        program centers designated to provide 
                        transportation technology transfer 
                        services to rural areas and to 
                        urbanized areas; and
                          (ii) local technical assistance 
                        program centers designated to provide 
                        transportation technical assistance to 
                        tribal governments; and
                  (E) allow local transportation agencies and 
                tribal governments, in cooperation with the 
                private sector, to enhance new technology 
                implementation.
          (3) Federal share.--
                  (A) Local technical assistance centers.--
                          (i) In general.--Subject to 
                        subparagraph (B), the Federal share of 
                        the cost of an activity carried out by 
                        a local technical assistance center 
                        under paragraphs (1) and (2) shall be 
                        50 percent.
                          (ii) Non-Federal share.--The non-
                        Federal share of the cost of an 
                        activity described in clause (i) may 
                        consist of amounts provided to a 
                        recipient under subsection (e) or 
                        section 505, up to 100 percent of the 
                        non-Federal share.
                  (B) Tribal technical assistance centers.--The 
                Federal share of the cost of an activity 
                carried out by a tribal technical assistance 
                center under paragraph (2)(D)(ii) shall be 100 
                percent.
  (c) Research Fellowships.--
          (1) General authority.--The Secretary, acting either 
        independently or in cooperation with other Federal 
        departments, agencies, and instrumentalities, may make 
        grants for research fellowships for any purpose for 
        which research is authorized by this chapter.
          (2) Dwight David Eisenhower transportation fellowship 
        program.--
                  (A) In general.--The Secretary shall 
                establish and implement a transportation 
                research fellowship program for the purpose of 
                attracting qualified students to the field of 
                transportation, which program shall be known as 
                the ``Dwight David Eisenhower Transportation 
                Fellowship Program''.
                  (B) Use of amounts.--Amounts provided to 
                institutions of higher education to carry out 
                this paragraph shall be used to provide direct 
                support of student expenses.
  (d) Garrett A. Morgan Technology and Transportation Education 
Program.--
          (1) In general.--The Secretary shall establish the 
        Garrett A. Morgan Technology and Transportation 
        Education Program to improve the preparation of 
        students, particularly women and minorities, in 
        science, technology, engineering, and mathematics 
        through curriculum development and other activities 
        related to transportation.
          (2) Authorized activities.--The Secretary shall award 
        grants under this subsection on the basis of 
        competitive peer review. Grants awarded under this 
        subsection may be used for enhancing science, 
        technology, engineering, and mathematics at the 
        elementary and secondary school level through such 
        means as--
                  (A) internships that offer students 
                experience in the transportation field;
                  (B) programs that allow students to spend 
                time observing scientists and engineers in the 
                transportation field; and
                  (C) developing relevant curriculum that uses 
                examples and problems related to 
                transportation.
          (3) Application and review procedures.--
                  (A) In general.--An entity described in 
                subparagraph (C) seeking funding under this 
                subsection shall submit an application to the 
                Secretary at such time, in such manner, and 
                containing such information as the Secretary 
                may require. Such application, at a minimum, 
                shall include a description of how the funds 
                will be used to serve the purposes described in 
                paragraph (2).
                  (B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority 
                to applicants that will encourage the 
                participation of women and minorities.
                  (C) Eligibility.--Local educational agencies 
                and State educational agencies, which may enter 
                into a partnership agreement with institutions 
                of higher education, businesses, or other 
                entities, shall be eligible to apply for grants 
                under this subsection.
          (4) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Institution of higher education.--The 
                term ``institution of higher education'' has 
                the meaning given that term in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1001).
                  (B) Local educational agency.--The term 
                ``local educational agency'' has the meaning 
                given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801).
                  (C) State educational agency.--The term 
                ``State educational agency'' has the meaning 
                given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801).
  (e) Surface Transportation Workforce Development, Training, 
and Education.--
          (1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to 
        the State under paragraphs (1) through (4) of section 
        104(b) for surface transportation workforce 
        development, training, and education, including--
                  (A) tuition and direct educational expenses, 
                excluding salaries, in connection with the 
                education and training of employees of State 
                and local transportation agencies;
                  (B) employee professional development;
                  (C) student internships;
                  (D) university or community college support;
                  (E) education activities, including outreach, 
                to develop interest and promote participation 
                in surface transportation careers;
                  (F) activities carried out by the National 
                Highway Institute under subsection (a); and
                  (G) local technical assistance programs under 
                subsection (b).
          (2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this 
        subsection shall be 100 percent, except for activities 
        carried out under paragraph (1)(G), for which the 
        Federal share shall be 50 percent.
          (3) Surface transportation workforce development, 
        training, and education defined.--In this subsection, 
        the term ``surface transportation workforce 
        development, training, and education'' means activities 
        associated with surface transportation career 
        awareness, student transportation career preparation, 
        and training and professional development for surface 
        transportation workers, including activities for women 
        and minorities.
  (f) Transportation Education Development Program.--
          (1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that, in partnership with industry or State 
        departments of transportation, will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.
          (2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary shall consider--
                  (A) the degree to which the new curricula or 
                education program meets the specific needs of a 
                segment of the transportation industry, States, 
                or regions;
                  (B) providing for practical experience and 
                on-the-job training;
                  (C) proposals oriented toward practitioners 
                in the field rather than the support and growth 
                of the research community;
                  (D) the degree to which the new curricula or 
                program will provide training in areas other 
                than engineering, such as business 
                administration, economics, information 
                technology, environmental science, and law;
                  (E) programs or curricula in nontraditional 
                departments that train professionals for work 
                in the transportation field, such as materials, 
                information technology, environmental science, 
                urban planning, and industrial technology; and
                  (F) the commitment of industry or a State's 
                department of transportation to the program.
          (3) Limitations.--The amount of a grant under this 
        subsection shall not exceed $300,000 per year. After a 
        recipient has received 3 years of Federal funding under 
        this subsection, Federal funding may equal not more 
        than 75 percent of a grantee's program costs.
  (g) Freight Capacity Building Program.--
          (1) Establishment.--The Secretary shall establish a 
        freight planning capacity building initiative to 
        support enhancements in freight transportation planning 
        in order to--
                  (A) better target investments in freight 
                transportation systems to maintain efficiency 
                and productivity; and
                  (B) strengthen the decisionmaking capacity of 
                State transportation departments and local 
                transportation agencies with respect to freight 
                transportation planning and systems.
          (2) Agreements.--The Secretary shall enter into 
        agreements to support and carry out administrative and 
        management activities relating to the governance of the 
        freight planning capacity initiative.
          (3) Stakeholder involvement.--In carrying out this 
        section, the Secretary shall consult with the 
        Association of Metropolitan Planning Organizations, the 
        American Association of State Highway and 
        Transportation Officials, and other freight planning 
        stakeholders, including the other Federal agencies, 
        State transportation departments, local governments, 
        nonprofit entities, academia, and the private sector.
          (4) Eligible activities.--The freight planning 
        capacity building initiative shall include research, 
        training, and education in the following areas:
                  (A) The identification and dissemination of 
                best practices in freight transportation.
                  (B) Providing opportunities for freight 
                transportation staff to engage in peer 
                exchange.
                  (C) Refinement of data and analysis tools 
                used in conjunction with assessing freight 
                transportation needs.
                  (D) Technical assistance to State 
                transportation departments and local 
                transportation agencies reorganizing to address 
                freight transportation issues.
                  (E) Facilitating relationship building 
                between governmental and private entities 
                involved in freight transportation.
                  (F) Identifying ways to target the capacity 
                of State transportation departments and local 
                transportation agencies to address freight 
                considerations in operations, security, asset 
                management, and environmental stewardship in 
                connection with long-range multimodal 
                transportation planning and project 
                implementation.
          (5) Federal share.--The Federal share of the cost of 
        an activity carried out under this section shall be up 
        to 100 percent, and such funds shall remain available 
        until expended.
          (6) Use of funds.--Funds made available for the 
        program established under this subsection may be used 
        for research, program development, information 
        collection and dissemination, and technical assistance. 
        The Secretary may use such funds independently or make 
        grants or to and enter into contracts and cooperative 
        agreements with a Federal agency, State agency, local 
        agency, federally recognized Indian tribal government 
        or tribal consortium, authority, association, nonprofit 
        or for-profit corporation, or institution of higher 
        education, to carry out the purposes of this 
        subsection.
  (h) Centers for Surface Transportation Excellence.--
  (1) In general.--The Secretary shall make grants under this 
section to establish and maintain centers for surface 
transportation excellence.
  (2) Goals.--The goals of a center referred to in paragraph 
(1) shall be to promote and support strategic national surface 
transportation programs and activities relating to the work of 
State departments of transportation in the areas of 
environment, surface transportation safety, rural safety, and 
project finance.
  (3) Role of the Centers.--To achieve the goals set forth in 
paragraph (2), any centers established under paragraph (1) 
shall provide technical assistance, information sharing of best 
practices, and training in the use of tools and decisionmaking 
processes that can assist States in effectively implementing 
surface transportation programs, projects, and policies.
  (4) Program administration.--
          (A) Competition.--A party entering into a contract, 
        cooperative agreement, or other transaction with the 
        Secretary under this subsection, or receiving a grant 
        to perform research or provide technical assistance 
        under this subsection, shall be selected on a 
        competitive basis.
          (B) Strategic plan.--The Secretary shall require each 
        center to develop a multiyear strategic plan, that--
                  (i) is submitted to the Secretary at such 
                time as the Secretary requires; and
                  (ii) describes--
                          (I) the activities to be undertaken 
                        by the center; and
                          (II) how the work of the center will 
                        be coordinated with the activities of 
                        the Federal Highway Administration and 
                        the various other research, 
                        development, and technology transfer 
                        activities authorized under this 
                        chapter.

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Sec. 514. Goals and purposes

  (a) Goals.--The goals of the intelligent transportation 
system program include--
          (1) enhancement of surface transportation efficiency 
        and facilitation of intermodalism and international 
        trade to enable existing facilities to meet a 
        significant portion of future transportation needs, 
        including public access to employment, goods, and 
        services and to reduce regulatory, financial, and other 
        transaction costs to public agencies and system users;
          (2) achievement of national transportation safety 
        goals, including enhancement of safe operation of motor 
        vehicles and nonmotorized vehicles and improved 
        emergency response to collisions, with particular 
        emphasis on decreasing the number and severity of 
        collisions;
          (3) protection and enhancement of the natural 
        environment and communities affected by surface 
        transportation, with particular emphasis on assisting 
        State and local governments to achieve national 
        environmental goals;
          (4) accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial motor vehicles, passenger motor vehicles, 
        motorcycles, bicycles, and pedestrians (including 
        individuals with disabilities); [and]
          (5) enhancement of national defense mobility and 
        improvement of the ability of the United States to 
        respond to security-related or other manmade 
        emergencies and natural disasters[.]; and
          (6) enhancement of the national freight system and 
        support to national freight policy goals by conducting 
        heavy duty vehicle demonstration activities and 
        accelerating adoption of intelligent transportation 
        system applications in freight operations.
  (b) Purposes.--The Secretary shall implement activities under 
the intelligent transportation system program, at a minimum--
          (1) to expedite, in both metropolitan and rural 
        areas, deployment and integration of intelligent 
        transportation systems for consumers of passenger and 
        freight transportation;
          (2) to ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for consideration in 
        the transportation planning process;
          (3) to improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          (4) to promote the innovative use of private 
        resources in support of intelligent transportation 
        system development;
          (5) to facilitate, in cooperation with the motor 
        vehicle industry, the introduction of vehicle-based 
        safety enhancing systems;
          (6) to support the application of intelligent 
        transportation systems that increase the safety and 
        efficiency of commercial motor vehicle operations;
          (7) to develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems;
          (8) to provide continuing support for operations and 
        maintenance of intelligent transportation systems; 
        [and]
          (9) to ensure a systems approach that includes 
        cooperation among vehicles, infrastructure, and 
        users[.]; and
          (10) to assist in the development of cybersecurity 
        standards in cooperation with relevant modal 
        administrations of the Department of Transportation and 
        other Federal agencies to help prevent hacking, 
        spoofing, and disruption of connected and automated 
        transportation vehicles.

Sec. 515. General authorities and requirements

  (a) Scope.--Subject to the provisions of this chapter, the 
Secretary shall conduct an ongoing intelligent transportation 
system program--
          (1) to research, develop, and operationally test 
        intelligent transportation systems; and
          (2) to provide technical assistance in the nationwide 
        application of those systems as a component of the 
        surface transportation systems of the United States.
  (b) Policy.--Intelligent transportation system research 
projects and operational tests funded pursuant to this chapter 
shall encourage and not displace public-private partnerships or 
private sector investment in those tests and projects.
  (c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent 
transportation system program in cooperation with State and 
local governments and other public entities, the private sector 
firms of the United States, the Federal laboratories, and 
institutions of higher education, including historically Black 
colleges and universities and other minority institutions of 
higher education.
  (d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall 
consult with the heads of other Federal agencies, as 
appropriate.
  (e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and 
information to State and local governments seeking to 
implement, operate, maintain, or evaluate intelligent 
transportation system technologies and services.
  (f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation 
systems management and operations, including intelligent 
transportation systems, within metropolitan and statewide 
transportation planning processes.
  (g) Information Clearinghouse.--
          (1) In general.--The Secretary shall--
                  (A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this 
                chapter; and
                  (B) make, on request, that information 
                (except for proprietary information and data) 
                readily available to all users of the 
                repository at an appropriate cost.
          (2) Agreement.--
                  (A) In general.--The Secretary may enter into 
                an agreement with a third party for the 
                maintenance of the repository for technical and 
                safety data under paragraph (1)(A).
                  (B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an 
                entity for the maintenance of the repository, 
                the entity shall be eligible for Federal 
                financial assistance under this section.
          (3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 
        of title 5, United States Code.
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out this chapter.
          (2) Membership.--The Advisory Committee shall have no 
        more than 20 members, be balanced between metropolitan 
        and rural interests, and include, at a minimum--
                  (A) a representative from a State highway 
                department;
                  (B) a representative from a local highway 
                department who is not from a metropolitan 
                planning organization;
                  (C) a representative from a State, local, or 
                regional transit agency;
                  (D) a representative from a metropolitan 
                planning organization;
                  (E) a private sector user of intelligent 
                transportation system technologies;
                  (F) an academic researcher with expertise in 
                computer science or another information science 
                field related to intelligent transportation 
                systems, and who is not an expert on 
                transportation issues;
                  (G) an academic researcher who is a civil 
                engineer;
                  (H) an academic researcher who is a social 
                scientist with expertise in transportation 
                issues;
                  (I) a representative from a nonprofit group 
                representing the intelligent transportation 
                system industry;
                  (J) a representative from a public interest 
                group concerned with safety;
                  (K) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; and
                  (L) members with expertise in planning, 
                safety, telecommunications, utilities, and 
                operations.
          (3) Duties.--The Advisory Committee shall, at a 
        minimum, perform the following duties:
                  (A) Provide input into the development of the 
                intelligent transportation system aspects of 
                the strategic plan under section 508.
                  (B) Review, at least annually, areas of 
                intelligent transportation systems research 
                being considered for funding by the Department, 
                to determine--
                          (i) whether these activities are 
                        likely to advance either the state-of-
                        the-practice or state-of-the-art in 
                        intelligent transportation systems;
                          (ii) whether the intelligent 
                        transportation system technologies are 
                        likely to be deployed by users, and if 
                        not, to determine the barriers to 
                        deployment; and
                          (iii) the appropriate roles for 
                        government and the private sector in 
                        investing in the research and 
                        technologies being considered.
          (4) Report.--Not later than [February 1 of each year 
        after the date of enactment of the Transportation 
        Research and Innovative Technology Act of 2012] May 1 
        of each year, the Secretary shall [submit to Congress] 
        make available to the public on a Department of 
        Transportation Web site a report that includes--
                  (A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  (B) an explanation of the manner in which the 
                Secretary has implemented those 
                recommendations; and
                  (C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          (5) Applicability of Federal Advisory Committee 
        Act.--The Advisory Committee shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
  (i) Reporting.--
          (1) Guidelines and requirements.--
                  (A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting 
                and evaluation of operational tests and 
                deployment projects carried out under this 
                chapter.
                  (B) Objectivity and independence.--The 
                guidelines and requirements issued under 
                subparagraph (A) shall include provisions to 
                ensure the objectivity and independence of the 
                reporting entity so as to avoid any real or 
                apparent conflict of interest or potential 
                influence on the outcome by parties to any such 
                test or deployment project or by any other 
                formal evaluation carried out under this 
                chapter.
                  (C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish 
                reporting funding levels based on the size and 
                scope of each test or project that ensure 
                adequate reporting of the results of the test 
                or project.
          (2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to 
        carry out the reporting of any test, deployment 
        project, or program assessment activity under this 
        chapter shall not be subject to chapter 35 of title 44, 
        United States Code.

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Sec. 517. National architecture and standards

  (a) In General.--
          (1) Development, implementation, and maintenance.--In 
        accordance with section 12(d) of the National 
        Technology Transfer and Advancement Act of 1995 (15 
        U.S.C. 272 note; 110 Stat. 783; 115 Stat. 1241), the 
        Secretary shall develop and maintain a national ITS 
        architecture and supporting ITS standards and protocols 
        to promote the use of systems engineering methods in 
        the widespread deployment and evaluation of intelligent 
        transportation systems as a component of the surface 
        transportation systems of the United States.
          (2) Interoperability and efficiency.--To the maximum 
        extent practicable, the national ITS architecture and 
        supporting ITS standards and protocols shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation systems and technologies implemented 
        throughout the United States.
          (3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall support 
        the development and maintenance of standards and 
        protocols using the services of such standards 
        development organizations as the Secretary determines 
        to be necessary and whose [memberships are comprised 
        of, and represent,] memberships include representatives 
        of the surface transportation and intelligent 
        transportation systems industries.
  (b) Standards for National Policy Implementation.--If the 
Secretary finds that a standard is necessary for implementation 
of a nationwide policy relating to user fee collection or other 
capability requiring nationwide uniformity, the Secretary, 
after consultation with stakeholders, may establish and require 
the use of that standard.
  (c) Provisional Standards.--
          (1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent 
        transportation system standard jeopardizes the timely 
        achievement of the objectives described in subsection 
        (a), the Secretary may establish a provisional 
        standard, after consultation with affected parties, 
        using, to the maximum extent practicable, the work 
        product of appropriate standards development 
        organizations.
          (2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in 
        the Federal Register and remain in effect until the 
        appropriate standards development organization adopts 
        and publishes a standard.
  (d) Conformity With National Architecture.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary shall ensure that intelligent 
        transportation system projects carried out using 
        amounts made available from the Highway Trust Fund, 
        including amounts made available to deploy intelligent 
        transportation systems, conform to the appropriate 
        regional ITS architecture, applicable standards, and 
        protocols developed under subsection (a) or (c).
          (2) Discretion of the Secretary.--The Secretary, at 
        the discretion of the Secretary, may offer an exemption 
        from paragraph (1) for projects designed to achieve 
        specific research objectives outlined in the national 
        intelligent transportation system program plan or the 
        surface transportation research and development 
        strategic plan developed under section 508.

Sec. 518. Vehicle-to-vehicle and vehicle-to-infrastructure 
                    communications systems deployment

  (a) In General.--[Not later than 3 years after the date of 
enactment of this section, the Secretary shall submit to the 
Committees on Commerce, Science, and Transportation and 
Environment and Public Works of the Senate and the Committees 
on Transportation and Infrastructure, Energy and Commerce, and 
Science, Space, and Technology of the House of Representatives] 
Not later than July 6, 2016, the Secretary shall make available 
to the public on a Department of Transportation Web site a 
report that--
          (1) assesses the status of dedicated short-range 
        communications technology and applications developed 
        through research and development;
          (2) analyzes the known and potential gaps in short-
        range communications technology and applications;
          (3) defines a recommended implementation path for 
        dedicated short-range communications technology and 
        applications that--
                  (A) is based on the assessment described in 
                paragraph (1); and
                  (B) takes into account the analysis described 
                in paragraph (2);
          (4) includes guidance on the relationship of the 
        proposed deployment of dedicated short-range 
        communications to the National ITS Architecture and ITS 
        Standards; and
          (5) ensures competition by not preferencing the use 
        of any particular frequency for vehicle to 
        infrastructure operations.
  (b) Report Review.--The Secretary shall enter into agreements 
with the National Research Council and an independent third 
party with subject matter expertise for the review of the 
report described in subsection (a).

Sec. 519. Infrastructure development

  Funds made available to carry out this chapter for 
operational tests--
          (1) shall be used primarily for the development of 
        intelligent transportation system infrastructure, 
        equipment, and systems; and
          (2) to the maximum extent practicable, shall not be 
        used for the construction of physical surface 
        transportation infrastructure unless the construction 
        is incidental and critically necessary to the 
        implementation of an intelligent transportation system 
        project.

           *       *       *       *       *       *       *


CHAPTER 6--INFRASTRUCTURE FINANCE

           *       *       *       *       *       *       *


Sec. 601. Generally applicable provisions

  (a) Definitions.--In this chapter, the following definitions 
apply:
          (1) Contingent commitment.--The term ``contingent 
        commitment'' means a commitment to obligate an amount 
        from future available budget authority that is--
                  (A) contingent on those funds being made 
                available in law at a future date; and
                  (B) not an obligation of the Federal 
                Government.
          (2) Eligible project costs.--The term ``eligible 
        project costs'' means amounts substantially all of 
        which are paid by, or for the account of, an obligor in 
        connection with a project, including the cost of--
                  (A) development phase activities, including 
                planning, feasibility analysis, revenue 
                forecasting, environmental review, permitting, 
                preliminary engineering and design work, and 
                other preconstruction activities;
                  (B) construction, reconstruction, 
                rehabilitation, replacement, and acquisition of 
                real property (including land relating to the 
                project and improvements to land), 
                environmental mitigation, construction 
                contingencies, and acquisition of equipment; 
                and
                  (C) capitalized interest necessary to meet 
                market requirements, reasonably required 
                reserve funds, capital issuance expenses, and 
                other carrying costs during construction.
          (3) Federal credit instrument.--The term ``Federal 
        credit instrument'' means a secured loan, loan 
        guarantee, or line of credit authorized to be made 
        available under this chapter with respect to a project.
          (4) Investment-grade rating.--The term ``investment-
        grade rating'' means a rating of BBB minus, Baa3, bbb 
        minus, BBB (low), or higher assigned by a rating agency 
        to project obligations.
          (5) Lender.--The term ``lender'' means any non-
        Federal qualified institutional buyer (as defined in 
        section 230.144A(a) of title 17, Code of Federal 
        Regulations (or any successor regulation), known as 
        Rule 144A(a) of the Securities and Exchange Commission 
        and issued under the Securities Act of 1933 (15 U.S.C. 
        77a et seq.)), including--
                  (A) a qualified retirement plan (as defined 
                in section 4974(c) of the Internal Revenue Code 
                of 1986) that is a qualified institutional 
                buyer; and
                  (B) a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 
                1986) that is a qualified institutional buyer.
          (6) Letter of interest.--The term ``letter of 
        interest'' means a letter submitted by a potential 
        applicant prior to an application for credit assistance 
        in a format prescribed by the Secretary on the website 
        of the TIFIA program that--
                  (A) describes the project and the location, 
                purpose, and cost of the project;
                  (B) outlines the proposed financial plan, 
                including the requested credit assistance and 
                the proposed obligor;
                  (C) provides a status of environmental 
                review; and
                  (D) provides information regarding 
                satisfaction of other eligibility requirements 
                of the TIFIA program.
          (7) Line of credit.--The term ``line of credit'' 
        means an agreement entered into by the Secretary with 
        an obligor under section 604 to provide a direct loan 
        at a future date upon the occurrence of certain events.
          (8) Limited buydown.--The term ``limited buydown'' 
        means, subject to the conditions described in section 
        603(b)(4)(C), a buydown of the interest rate by the 
        obligor if the interest rate has increased between--
                  (A)(i) the date on which a project 
                application acceptable to the Secretary is 
                submitted; or
                  (ii) the date on which the Secretary entered 
                into a master credit agreement; and
                  (B) the date on which the Secretary executes 
                the Federal credit instrument.
          (9) Loan guarantee.--The term ``loan guarantee'' 
        means any guarantee or other pledge by the Secretary to 
        pay all or part of the principal of and interest on a 
        loan or other debt obligation issued by an obligor and 
        funded by a lender.
          [(10) Master credit agreement.--The term ``master 
        credit agreement'' means an agreement to extend credit 
        assistance for a program of projects secured by a 
        common security pledge (which shall receive an 
        investment grade rating from a rating agency), or for a 
        single project covered under section 602(b)(2) that 
        would--
                  [(A) make contingent commitments of 1 or more 
                secured loans or other Federal credit 
                instruments at future dates, subject to the 
                availability of future funds being made 
                available to carry out this chapter;
                  [(B) establish the maximum amounts and 
                general terms and conditions of the secured 
                loans or other Federal credit instruments;
                  [(C) identify the 1 or more dedicated non-
                Federal revenue sources that will secure the 
                repayment of the secured loans or secured 
                Federal credit instruments;
                  [(D) provide for the obligation of funds for 
                the secured loans or secured Federal credit 
                instruments after all requirements have been 
                met for the projects subject to the master 
                credit agreement, including--
                          [(i) completion of an environmental 
                        impact statement or similar analysis 
                        required under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          [(ii) compliance with such other 
                        requirements as are specified in 
                        section 602(c); and
                          [(iii) the availability of funds to 
                        carry out this chapter; and
                  [(E) require that contingent commitments 
                result in a financial close and obligation of 
                credit assistance not later than 3 years after 
                the date of entry into the master credit 
                agreement, or release of the commitment, unless 
                otherwise extended by the Secretary.]
          (10) Master credit agreement.--The term ``master 
        credit agreement'' means a conditional agreement to 
        extend credit assistance for a program of related 
        projects secured by a common security pledge (which 
        shall receive an investment grade rating from a rating 
        agency prior to the Secretary entering into such master 
        credit agreement) under section 602(b)(2)(A), or for a 
        single project covered under section 602(b)(2)(B) that 
        does not provide for a current obligation of Federal 
        funds, and that would--
                  (A) make contingent commitments of 1 or more 
                secured loans or other Federal credit 
                instruments at future dates, subject to the 
                availability of future funds being made 
                available to carry out this chapter and subject 
                to the satisfaction of all the conditions for 
                the provision of credit assistance under this 
                chapter, including section 603(b)(1);
                  (B) establish the maximum amounts and general 
                terms and conditions of the secured loans or 
                other Federal credit instruments;
                  (C) identify the 1 or more dedicated non-
                Federal revenue sources that will secure the 
                repayment of the secured loans or secured 
                Federal credit instruments;
                  (D) provide for the obligation of funds for 
                the secured loans or secured Federal credit 
                instruments after all requirements have been 
                met for the projects subject to the master 
                credit agreement, including--
                          (i) completion of an environmental 
                        impact statement or similar analysis 
                        required under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          (ii) compliance with such other 
                        requirements as are specified in this 
                        chapter, including sections 602(c) and 
                        603(b)(1); and
                          (iii) the availability of funds to 
                        carry out this chapter; and
                  (E) require that contingent commitments 
                result in a financial close and obligation of 
                credit assistance not later than 3 years after 
                the date of entry into the master credit 
                agreement, or release of the commitment, unless 
                otherwise extended by the Secretary.
          (11) Obligor.--The term ``obligor'' means a party 
        that--
                  (A) is primarily liable for payment of the 
                principal of or interest on a Federal credit 
                instrument; and
                  (B) may be a corporation, partnership, joint 
                venture, trust, or governmental entity, agency, 
                or instrumentality.
          (12) Project.--The term ``project'' means--
                  (A) any surface transportation project 
                eligible for Federal assistance under this 
                title or chapter 53 of title 49;
                  (B) a project for an international bridge or 
                tunnel for which an international entity 
                authorized under Federal or State law is 
                responsible;
                  (C) a project for intercity passenger bus or 
                rail facilities and vehicles, including 
                facilities and vehicles owned by the National 
                Railroad Passenger Corporation and components 
                of magnetic levitation transportation systems; 
                and
                  (D) a project that--
                          (i) is a project--
                                  (I) for a public freight rail 
                                facility or a private facility 
                                providing public benefit for 
                                highway users by way of direct 
                                freight interchange between 
                                highway and rail carriers;
                                  (II) for an intermodal 
                                freight transfer facility;
                                  (III) for a means of access 
                                to a facility described in 
                                subclause (I) or (II);
                                  (IV) for a service 
                                improvement for a facility 
                                described in subclause (I) or 
                                (II) (including a capital 
                                investment for an intelligent 
                                transportation system); or
                                  (V) that comprises a series 
                                of projects described in 
                                subclauses (I) through (IV) 
                                with the common objective of 
                                improving the flow of goods;
                          (ii) may involve the combining of 
                        private and public sector funds, 
                        including investment of public funds in 
                        private sector facility improvements;
                          (iii) if located within the 
                        boundaries of a port terminal, includes 
                        only such surface transportation 
                        infrastructure modifications as are 
                        necessary to facilitate direct 
                        intermodal interchange, transfer, and 
                        access into and out of the port; and
                          (iv) is composed of related highway, 
                        surface transportation, transit, rail, 
                        or intermodal capital improvement 
                        projects eligible for assistance under 
                        this section in order to meet the 
                        eligible project cost threshold under 
                        section 602, by grouping related 
                        projects together for that purpose, 
                        subject to the condition that the 
                        credit assistance for the projects is 
                        secured by a common pledge.
          (13) Project obligation.--The term ``project 
        obligation'' means any note, bond, debenture, or other 
        debt obligation issued by an obligor in connection with 
        the financing of a project, other than a Federal credit 
        instrument.
          (14) Rating agency.--The term ``rating agency'' means 
        a credit rating agency registered with the Securities 
        and Exchange Commission as a nationally recognized 
        statistical rating organization (as that term is 
        defined in section 3(a) of the Securities Exchange Act 
        of 1934 (15 U.S.C. 78c(a))).
          [(15) Rural infrastructure project.--The term ``rural 
        infrastructure project'' means a surface transportation 
        infrastructure project located in any area other than a 
        city with a population of more than 250,000 inhabitants 
        within the city limits.]
          (15) Rural infrastructure project.--The term ``rural 
        infrastructure project'' means a surface transportation 
        infrastructure project located outside of a Census-
        Bureau-defined urbanized area.
          (16) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an 
        obligor and funded by the Secretary in connection with 
        the financing of a project under section 603.
          (17) State.--The term ``State'' has the meaning given 
        the term in section 101.
          (18) Subsidy amount.--The term ``subsidy amount'' 
        means the amount of budget authority sufficient to 
        cover the estimated long- term cost to the Federal 
        Government of a Federal credit instrument--
                  (A) calculated on a net present value basis; 
                and
                  (B) excluding administrative costs and any 
                incidental effects on governmental receipts or 
                outlays in accordance with the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661 et seq.).
          (19) Substantial completion.--The term ``substantial 
        completion'' means--
                  (A) the opening of a project to vehicular or 
                passenger traffic; or
                  (B) a comparable event, as determined by the 
                Secretary and specified in the credit 
                agreement.
          (20) TIFIA program.--The term ``TIFIA program'' means 
        the transportation infrastructure finance and 
        innovation program of the Department.
  (b) Treatment of Chapter.--For purposes of this title, this 
chapter shall be treated as being part of chapter 1.

Sec. 602. Determination of eligibility and project selection

  (a) Eligibility.--
          (1) In general.--A project shall be eligible to 
        receive credit assistance under this chapter if--
                  (A) the entity proposing to carry out the 
                project submits a letter of interest prior to 
                submission of a formal application for the 
                project; and
                  (B) the project meets the criteria described 
                in this subsection.
          (2) Creditworthiness.--
                  (A) In general.--To be eligible for 
                assistance under this chapter, a project shall 
                satisfy applicable creditworthiness standards, 
                which, at a minimum, shall include--
                          (i) a rate covenant, if applicable;
                          (ii) adequate coverage requirements 
                        to ensure repayment;
                          (iii) an investment grade rating from 
                        at least 2 rating agencies on debt 
                        senior to the Federal credit 
                        instrument; and
                          (iv) a rating from at least 2 rating 
                        agencies on the Federal credit 
                        instrument, subject to the condition 
                        that, with respect to clause (iii), if 
                        the total amount of the senior debt and 
                        the Federal credit instrument is less 
                        than $75,000,000, 1 rating agency 
                        opinion for each of the senior debt and 
                        Federal credit instrument shall be 
                        sufficient.
                  (B) Senior debt.--Notwithstanding 
                subparagraph (A), in a case in which the 
                Federal credit instrument is the senior debt, 
                the Federal credit instrument shall be required 
                to receive an investment grade rating from at 
                least 2 rating agencies, unless the credit 
                instrument is for an amount less than 
                $75,000,000, in which case 1 rating agency 
                opinion shall be sufficient.
          (3) Inclusion in transportation plans and programs.--
        A project shall satisfy the applicable planning and 
        programming requirements of sections 134 and 135 at 
        such time as an agreement to make available a Federal 
        credit instrument is entered into under this chapter.
          (4) Application.--A State, local government, public 
        authority, public-private partnership, or any other 
        legal entity undertaking the project and authorized by 
        the Secretary shall submit a project application that 
        is acceptable to the Secretary.
          (5) Eligible project costs.--
                  (A) In general.--Except as provided in 
                subparagraph (B) and (C), to be eligible for 
                assistance under this chapter, a project shall 
                have eligible project costs that are reasonably 
                anticipated to equal or exceed the lesser of--
                          (i)(I) $50,000,000; or
                          (II) in the case of a rural 
                        infrastructure project, $25,000,000; 
                        and
                          (ii) 33\1/3\ percent of the amount of 
                        Federal highway assistance funds 
                        apportioned for the most recently 
                        completed fiscal year to the State in 
                        which the project is located.
                  (B) Intelligent transportation system 
                projects.--In the case of a project principally 
                involving the installation of an intelligent 
                transportation system, eligible project costs 
                shall be reasonably anticipated to equal or 
                exceed $15,000,000.
                  (C) Local infrastructure projects.--Eligible 
                project costs shall be reasonably anticipated 
                to equal or exceed $10,000,000 in the case of a 
                project or program of projects--
                          (i) in which the applicant is a local 
                        government, public authority, or 
                        instrumentality of local government;
                          (ii) located on a facility owned by a 
                        local government; or
                          (iii) for which the Secretary 
                        determines that a local government is 
                        substantially involved in the 
                        development of the project.
          (6) Dedicated revenue sources.--The applicable 
        Federal credit instrument shall be repayable, in whole 
        or in part, from--
                  (A) tolls;
                  (B) user fees;
                  (C) payments owing to the obligor under a 
                public-private partnership; or
                  (D) other dedicated revenue sources that also 
                secure or fund the project obligations.
          (7) Public sponsorship of private entities.--In the 
        case of a project that is undertaken by an entity that 
        is not a State or local government or an agency or 
        instrumentality of a State or local government, the 
        project that the entity is undertaking shall be 
        publicly sponsored as provided in paragraph (3).
          (8) Applications where obligor will be identified 
        later.--A State, local government, agency or 
        instrumentality of a State or local government, or 
        public authority may submit to the Secretary an 
        application under paragraph (4), under which a private 
        party to a public-private partnership will be--
                  (A) the obligor; and
                  (B) identified later through completion of a 
                procurement and selection of the private party.
          (9) Beneficial effects.--The Secretary shall 
        determine that financial assistance for the project 
        under this chapter will--
                  (A) foster, if appropriate, partnerships that 
                attract public and private investment for the 
                project;
                  (B) enable the project to proceed at an 
                earlier date than the project would otherwise 
                be able to proceed or reduce the lifecycle 
                costs (including debt service costs) of the 
                project; and
                  (C) reduce the contribution of Federal grant 
                assistance for the project.
          (10) Project readiness.--To be eligible for 
        assistance under this chapter, the applicant shall 
        demonstrate a reasonable expectation that the 
        contracting process for construction of the project can 
        commence by not later than 90 days after the date on 
        which a Federal credit instrument is obligated for the 
        project under this chapter.
  (b) Selection Among Eligible Projects.--
          (1) Establishment.--The Secretary shall establish a 
        rolling application process under which projects that 
        are eligible to receive credit assistance under 
        subsection (a) shall receive credit assistance on terms 
        acceptable to the Secretary, if adequate funds are 
        available to cover the subsidy costs associated with 
        the Federal credit instrument.
          [(2) Adequate funding not available.--If the 
        Secretary fully obligates funding to eligible projects 
        in a fiscal year, and adequate funding is not available 
        to fund a credit instrument, a project sponsor of an 
        eligible project may elect to enter into a master 
        credit agreement and wait until the earlier of--
                  [(A) the following fiscal year; and
                  [(B) the fiscal year during which additional 
                funds are available to receive credit 
                assistance.]
          (2) Master credit agreements.--
                  (A) Program of related projects.--The 
                Secretary may enter into a master credit 
                agreement for a program of related projects 
                secured by a common security pledge on terms 
                acceptable to the Secretary.
                  (B) Adequate funding not available.--If the 
                Secretary fully obligates funding to eligible 
                projects in a fiscal year, and adequate funding 
                is not available to fund a credit instrument, a 
                project sponsor of an eligible project may 
                elect to enter into a master credit agreement 
                and wait to execute a credit instrument until 
                the fiscal year during which additional funds 
                are available to receive credit assistance.
          (3) Preliminary rating opinion letter.--The Secretary 
        shall require each project applicant to provide a 
        preliminary rating opinion letter from at least 1 
        rating agency--
                  (A) indicating that the senior obligations of 
                the project, which may be the Federal credit 
                instrument, have the potential to achieve an 
                investment-grade rating; and
                  (B) including a preliminary rating opinion on 
                the Federal credit instrument.
  (c) Federal Requirements.--
          (1) In general.--In addition to the requirements of 
        this title for highway projects, the requirements of 
        chapter 53 of title 49 for transit projects, and the 
        requirements of section 5333(a) of title 49 for rail 
        projects, the following provisions of law shall apply 
        to funds made available under this chapter and projects 
        assisted with those funds:
                  (A) Title VI of the Civil Rights Act of 1964 
                (42 U.S.C. 2000d et seq.).
                  (B) The National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                  (C) The Uniform Relocation Assistance and 
                Real Property Acquisition Policies Act of 1970 
                (42 U.S.C. 4601 et seq.).
          (2) NEPA.--No funding shall be obligated for a 
        project that has not received an environmental 
        categorical exclusion, a finding of no significant 
        impact, or a record of decision under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
  (d) Application Processing Procedures.--
          (1) Notice of complete application.--Not later than 
        30 days after the date of receipt of an application 
        under this section, the Secretary shall provide to the 
        applicant a written notice to inform the applicant 
        whether--
                  (A) the application is complete; or
                  (B) additional information or materials are 
                needed to complete the application.
          (2) Approval or denial of application.--Not later 
        than 60 days after the date of issuance of the written 
        notice under paragraph (1), the Secretary shall provide 
        to the applicant a written notice informing the 
        applicant whether the Secretary has approved or 
        disapproved the application.
  (e) Development Phase Activities.--Any credit instrument 
secured under this chapter may be used to finance up to 100 
percent of the cost of development phase activities as 
described in section 601(a)(1)(A).

Sec. 603. Secured loans

  (a) In General.--
          (1) Agreements.--Subject to paragraphs (2) and (3), 
        the Secretary may enter into agreements with 1 or more 
        obligors to make secured loans, the proceeds of which 
        shall be used--
                  (A) to finance eligible project costs of any 
                project selected under section 602;
                  (B) to refinance interim construction 
                financing of eligible project costs of any 
                project selected under section 602;
                  (C) to refinance existing Federal credit 
                instruments for rural infrastructure projects; 
                or
                  (D) to refinance long-term project 
                obligations or Federal credit instruments, if 
                the refinancing provides additional funding 
                capacity for the completion, enhancement, or 
                expansion of any project that--
                          (i) is selected under section 602; or
                          (ii) otherwise meets the requirements 
                        of section 602.
          [(2) Limitation on refinancing of interim 
        construction financing.--A loan under paragraph (1) 
        shall not refinance interim construction financing 
        under paragraph (1)(B) later than 1 year after the date 
        of substantial completion of the project.]
          (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.
          (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget, shall determine an appropriate 
        capital reserve subsidy amount for each secured loan, 
        taking into account each rating letter provided by an 
        agency under section 602(b)(3)(B).
  (b) Terms and Limitations.--
          (1) In general.--A secured loan under this section 
        with respect to a project shall be on such terms and 
        conditions and contain such covenants, representations, 
        warranties, and requirements (including requirements 
        for audits) as the Secretary determines to be 
        appropriate.
          (2) Maximum amount.--The amount of a secured loan 
        under this section shall not exceed the lesser of 49 
        percent of the reasonably anticipated eligible project 
        costs or if the secured loan does not receive an 
        investment grade rating, the amount of the senior 
        project obligations.
          (3) Payment.--A secured loan under this section--
                  (A) shall--
                          (i) be payable, in whole or in part, 
                        from--
                                  (I) tolls;
                                  (II) user fees;
                                  (III) payments owing to the 
                                obligor under a public-private 
                                partnership; or
                                  (IV) other dedicated revenue 
                                sources that also secure the 
                                senior project obligations; and
                          (ii) include a rate covenant, 
                        coverage requirement, or similar 
                        security feature supporting the project 
                        obligations; and
                  (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing 
                project obligations.
          (4) Interest rate.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the interest rate on 
                a secured loan under this section shall be not 
                less than the yield on United States Treasury 
                securities of a similar maturity to the 
                maturity of the secured loan on the date of 
                execution of the loan agreement.
                  (B) Rural infrastructure projects.--
                          (i) In general.--The interest rate of 
                        a loan offered to a rural 
                        infrastructure project under this 
                        chapter shall be at \1/2\ of the 
                        Treasury Rate in effect on the date of 
                        execution of the loan agreement.
                          (ii) Application.--The rate described 
                        in clause (i) shall only apply to any 
                        portion of a loan the subsidy cost of 
                        which is funded by amounts set aside 
                        for rural infrastructure projects under 
                        section 608(a)(3)(A).
                  (C) Limited buydowns.--The interest rate of a 
                secured loan under this section may not be 
                lowered by more than the lower of--
                          (i) 1\1/2\ percentage points (150 
                        basis points); or
                          (ii) the amount of the increase in 
                        the interest rate.
          (5) Maturity date.--The final maturity date of the 
        secured loan shall be the lesser of--
                  (A) 35 years after the date of substantial 
                completion of the project; and
                  (B) if the useful life of the capital asset 
                being financed is of a lesser period, the 
                useful life of the asset.
          (6) Nonsubordination.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the secured loan shall not be 
                subordinated to the claims of any holder of 
                project obligations in the event of bankruptcy, 
                insolvency, or liquidation of the obligor.
                  (B) Preexisting indenture.--
                          (i) In general.--The Secretary shall 
                        waive the requirement under 
                        subparagraph (A) for a public agency 
                        borrower that is financing ongoing 
                        capital programs and has outstanding 
                        senior bonds under a preexisting 
                        indenture, if--
                                  (I) the secured loan is rated 
                                in the A category or higher;
                                  (II) the secured loan is 
                                secured and payable from 
                                pledged revenues not affected 
                                by project performance, such as 
                                a tax-backed revenue pledge or 
                                a system-backed pledge of 
                                project revenues; and
                                  (III) the TIFIA program share 
                                of eligible project costs is 33 
                                percent or less.
                          (ii) Limitation.--If the Secretary 
                        waives the nonsubordination requirement 
                        under this subparagraph--
                                  (I) the maximum credit 
                                subsidy to be paid by the 
                                Federal Government shall be not 
                                more than 10 percent of the 
                                principal amount of the secured 
                                loan; and
                                  (II) the obligor shall be 
                                responsible for paying the 
                                remainder of the subsidy cost, 
                                if any.
          (7) Fees.--The Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs 
        to the Federal Government of making a secured loan 
        under this section.
          (8) Non-Federal share.--The proceeds of a secured 
        loan under this chapter may be used for any non-Federal 
        share of project costs required under this title or 
        chapter 53 of title 49, if the loan is repayable from 
        non-Federal funds.
          (9) Maximum Federal involvement.--The total Federal 
        assistance provided on a project receiving a loan under 
        this chapter shall not exceed 80 percent of the total 
        project cost.
  (c) Repayment.--
          (1) Schedule.--The Secretary shall establish a 
        repayment schedule for each secured loan under this 
        section based on--
                  (A) the projected cash flow from project 
                revenues and other repayment sources; and
                  (B) the useful life of the project.
          (2) Commencement.--Scheduled loan repayments of 
        principal or interest on a secured loan under this 
        section shall commence not later than 5 years after the 
        date of substantial completion of the project.
          (3) Deferred payments.--
                  (A) In general.--If, at any time after the 
                date of substantial completion of the project, 
                the project is unable to generate sufficient 
                revenues to pay the scheduled loan repayments 
                of principal and interest on the secured loan, 
                the Secretary may, subject to subparagraph (C), 
                allow the obligor to add unpaid principal and 
                interest to the outstanding balance of the 
                secured loan.
                  (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                          (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until 
                        fully repaid; and
                          (ii) be scheduled to be amortized 
                        over the remaining term of the loan.
                  (C) Criteria.--
                          (i) In general.--Any payment deferral 
                        under subparagraph (A) shall be 
                        contingent on the project meeting 
                        criteria established by the Secretary.
                          (ii) Repayment standards.--The 
                        criteria established pursuant to clause 
                        (i) shall include standards for 
                        reasonable assurance of repayment.
          (4) Prepayment.--
                  (A) Use of excess revenues.--Any excess 
                revenues that remain after satisfying scheduled 
                debt service requirements on the project 
                obligations and secured 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 secured loan 
                without penalty.
                  (B) Use of proceeds of refinancing.--The 
                secured loan may be prepaid at any time without 
                penalty from the proceeds of refinancing from 
                non-Federal funding sources.
  (d) Sale of Secured Loans.--
          (1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project 
        and after notifying the obligor, the Secretary may sell 
        to another entity or reoffer into the capital markets a 
        secured loan for the project if the Secretary 
        determines that the sale or reoffering can be 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 written consent of the obligor.
  (e) Loan Guarantees.--
          (1) In general.--The Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan 
        under this section if the Secretary determines that the 
        budgetary cost of the loan guarantee is substantially 
        the same as that of a secured loan.
          (2) Terms.--The terms of a loan guarantee under 
        paragraph (1) shall be consistent with the terms 
        required under this section for a secured loan, except 
        that the rate on the guaranteed loan and any prepayment 
        features shall be negotiated between the obligor and 
        the lender, with the consent of the Secretary.

           *       *       *       *       *       *       *


Sec. 608. Funding

  (a) Funding.--
          (1) Spending and borrowing authority.--Spending and 
        borrowing authority for a fiscal year to enter into 
        Federal credit instruments shall be promptly 
        apportioned to the Secretary on a fiscal-year basis.
          (2) Reestimates.--If the subsidy cost of a Federal 
        credit instrument is reestimated, the cost increase or 
        decrease of the reestimate shall be borne by, or 
        benefit, the general fund of the Treasury, consistent 
        with section 504(f) the Congressional Budget Act of 
        1974 (2 U.S.C. 661c(f)).
          (3) Rural set-aside.--
                  (A) In general.--Of the total amount of funds 
                made available to carry out this chapter for 
                each fiscal year, not more than 10 percent 
                shall be set aside for rural infrastructure 
                projects.
                  (B) Reobligation.--Any amounts set aside 
                under subparagraph (A) that remain unobligated 
                by June 1 of the fiscal year for which the 
                amounts were set aside shall be available for 
                obligation by the Secretary on projects other 
                than rural infrastructure projects.
          (4) Redistribution of authorized funding.--
                  (A) In general.--[Beginning in fiscal year 
                2014, on April 1 of each fiscal year] Beginning 
                in fiscal year 2016, on August 1 of each fiscal 
                year, if the cumulative unobligated and 
                uncommitted balance of funding available 
                exceeds 75 percent of the amount made available 
                to carry out this chapter for that fiscal year, 
                the Secretary shall distribute to the States 
                the amount of funds and associated obligation 
                authority in excess of that amount.
                  (B) Distribution.--The amounts and obligation 
                authority distributed under this paragraph 
                shall be distributed, in the same manner as 
                obligation authority is distributed to the 
                States for the fiscal year, based on the 
                proportion that--
                          (i) the relative share of each State 
                        of obligation authority for the fiscal 
                        year; bears to
                          (ii) the total amount of obligation 
                        authority distributed to all States for 
                        the fiscal year.
                  (C) Purpose.--Funds distributed under 
                subparagraph (B) shall be available for any 
                purpose described in section 133(b).
                  (D) Limitations.--The Secretary may not carry 
                out a redistribution under this paragraph--
                          (i) for any fiscal year in which such 
                        redistribution would adversely impact 
                        the receipt of credit assistance by a 
                        qualified project within such fiscal 
                        year; or
                          (ii) if the budget authority 
                        determined to be necessary to cover all 
                        requests for credit assistance pending 
                        before the Department of Transportation 
                        on August 1 would reduce the 
                        uncommitted balance of funds below the 
                        threshold established in subparagraph 
                        (A).
          (5) Availability.--Amounts made available to carry 
        out this chapter shall remain available until expended.
          [(6) Administrative costs.--Of the amounts made 
        available to carry out this chapter, the Secretary may 
        use not more than 0.50 percent for each fiscal year for 
        the administration of this chapter.]
          (6) Administrative costs.--Of the amounts made 
        available to carry out this chapter, the Secretary may 
        use not more than $5,000,000 for fiscal year 2016, 
        $5,150,000 for fiscal year 2017, $5,304,500 for fiscal 
        year 2018, $5,463,500 for fiscal year 2019, $5,627,500 
        for fiscal year 2020, and $5,760,500 for fiscal year 
        2021 for the administration of this chapter.
  (b) Contract Authority.--
          (1) In general.--Notwithstanding any other provision 
        of law, execution of a term sheet by the Secretary of a 
        Federal credit instrument that uses amounts made 
        available under this chapter shall impose on the United 
        States a contractual obligation to fund the Federal 
        credit investment.
          (2) Availability.--Amounts made available to carry 
        out this chapter for a fiscal year shall be available 
        for obligation on October 1 of the fiscal year.

           *       *       *       *       *       *       *


Sec. 610. State infrastructure bank program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Capital project.--The term ``capital project'' 
        has the meaning such term has under section 5302 of 
        title 49.
          (2) Other forms of credit assistance.--The term 
        ``other forms of credit assistance'' includes any use 
        of funds in an infrastructure bank--
                  (A) to provide credit enhancements;
                  (B) to serve as a capital reserve for bond or 
                debt instrument financing;
                  (C) to subsidize interest rates;
                  (D) to insure or guarantee letters of credit 
                and credit instruments against credit risk of 
                loss;
                  (E) to finance purchase and lease agreements 
                with respect to transit projects;
                  (F) to provide bond or debt financing 
                instrument security; and
                  (G) to provide other forms of debt financing 
                and methods of leveraging funds that are 
                approved by the Secretary and that relate to 
                the project with respect to which such 
                assistance is being provided.
          (3) State.--The term ``State'' has the meaning such 
        term has under section 401.
          (4) Capitalization.--The term ``capitalization'' 
        means the process used for depositing funds as initial 
        capital into a State infrastructure bank to establish 
        the infrastructure bank.
          (5) Cooperative agreement.--The term ``cooperative 
        agreement'' means written consent between a State and 
        the Secretary which sets forth the manner in which the 
        infrastructure bank established by the State in 
        accordance with this section will be administered.
          (6) Loan.--The term ``loan'' means any form of direct 
        financial assistance from a State infrastructure bank 
        that is required to be repaid over a period of time and 
        that is provided to a project sponsor for all or part 
        of the costs of the project.
          (7) Guarantee.--The term ``guarantee'' means a 
        contract entered into by a State infrastructure bank in 
        which the bank agrees to take responsibility for all or 
        a portion of a project sponsor's financial obligations 
        for a project under specified conditions.
          (8) Initial assistance.--The term ``initial 
        assistance'' means the first round of funds that are 
        loaned or used for credit enhancement by a State 
        infrastructure bank for projects eligible for 
        assistance under this section.
          (9) Leverage.--The term ``leverage'' means a 
        financial structure used to increase funds in a State 
        infrastructure bank through the issuance of debt 
        instruments.
          (10) Leveraged.--The term ``leveraged'', as used with 
        respect to a State infrastructure bank, means that the 
        bank has total potential liabilities that exceed the 
        capital of the bank.
  (b) Cooperative Agreements.--Subject to the provisions of 
this section, the Secretary may enter into cooperative 
agreements with States for the establishment of State 
infrastructure banks for making loans and providing other forms 
of credit assistance to public and private entities carrying 
out or proposing to carry out projects eligible for assistance 
under this section.
  (c) Interstate Compacts.--
          (1) In general.--Congress grants consent to two or 
        more of the States, entering into a cooperative 
        agreement under subsection (a) with the Secretary for 
        the establishment by such States of a multistate 
        infrastructure bank in accordance with this section, to 
        enter into an interstate compact establishing such bank 
        in accordance with this section.
          (2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (d) Funding.--
          (1) Highway account.--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 highway 
        account of the bank not to exceed--
                  [(A) 10 percent of the funds apportioned to 
                the State for each of fiscal years 2005 through 
                2009 under each of sections 104(b)(1), 
                104(b)(3), 104(b)(4), and 144; and]
                  (A) 10 percent of the funds apportioned to 
                the State for each of fiscal years 2016 through 
                2021 under each of sections 104(b)(1) and 
                104(b)(2); and
                  (B) 10 percent of the funds allocated to the 
                State for each of such fiscal years.
          (2) Transit account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under section 5307, 5309, or 5311 of 
        title 49, to deposit into the transit account of the 
        bank not to exceed 10 percent of the funds made 
        available to the State or other recipient in each of 
        [fiscal years 2005 through 2009] fiscal years 2016 
        through 2021 for capital projects under each of such 
        sections.
          (3) Rail account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under subtitle V of title 49, to 
        deposit into the rail account of the bank funds made 
        available to the State or other recipient in each of 
        [fiscal years 2005 through 2009] fiscal years 2016 
        through 2021 for capital projects under such subtitle.
          (4) Capital grants.--
                  (A) Highway account.--Federal funds deposited 
                into a highway account of a State 
                infrastructure bank under paragraph (1) shall 
                constitute for purposes of this section a 
                capitalization grant for the highway account of 
                the bank.
                  (B) Transit account.--Federal funds deposited 
                into a transit account of a State 
                infrastructure bank under paragraph (2) shall 
                constitute for purposes of this section a 
                capitalization grant for the transit account of 
                the bank.
                  (C) Rail account.--Federal funds deposited 
                into a rail account of a State infrastructure 
                bank under paragraph 3 shall constitute for 
                purposes of this section a capitalization grant 
                for the rail account of the bank.
          (5) Special rule for urbanized areas of over 
        200,000.--Funds in a State infrastructure bank that are 
        attributed to urbanized areas of a State with urbanized 
        populations of over 200,000 under [section 133(d)(3)] 
        section 133(d)(1)(A)(i) may be used to provide 
        assistance with respect to a project only if the 
        metropolitan planning organization designated for such 
        area concurs, in writing, with the provision of such 
        assistance.
          (6) Discontinuance of funding.--If the Secretary 
        determines that a State is not implementing the State's 
        infrastructure bank in accordance with a cooperative 
        agreement entered into under subsection (b), the 
        Secretary may prohibit the State from contributing 
        additional Federal funds to the bank.
  (e) Forms of Assistance From Infrastructure Banks.--An 
infrastructure bank established under this section may make 
loans or provide other forms of credit assistance to a public 
or private entity in an amount equal to all or a part of the 
cost of carrying out a project eligible for assistance under 
this section. The amount of any loan or other form of credit 
assistance provided for the project may be subordinated to any 
other debt financing for the project. Initial assistance 
provided with respect to a project from Federal funds deposited 
into an infrastructure bank under this section may not be made 
in the form of a grant.
  (f) Eligible Projects.--Subject to subsection (e), funds in 
an infrastructure bank established under this section may be 
used only to provide assistance for projects eligible for 
assistance under this title and capital projects defined in 
section 5302 of title 49, and any other projects relating to 
surface transportation that the Secretary determines to be 
appropriate.
  (g) Infrastructure Bank Requirements.--In order to establish 
an infrastructure bank under this section, the State 
establishing the bank shall--
          (1) deposit in cash, at a minimum, into each account 
        of the bank from non-Federal sources an amount equal to 
        25 percent of the amount of each capitalization grant 
        made to the State and deposited into such account; 
        except that, if the deposit is into the highway account 
        of the bank and the State has a non-Federal share under 
        section 120(b) that is less than 25 percent, the 
        percentage to be deposited from non-Federal sources 
        shall be the lower percentage of such grant;
          (2) ensure that the bank maintains on a continuing 
        basis an investment grade rating on its debt, or has a 
        sufficient level of bond or debt financing instrument 
        insurance, to maintain the viability of the bank;
          (3) ensure that investment income derived from funds 
        deposited to an account of the bank are--
                  (A) credited to the account;
                  (B) available for use in providing loans and 
                other forms of credit assistance to projects 
                eligible for assistance from the account; and
                  (C) invested in United States Treasury 
                securities, bank deposits, or such other 
                financing instruments as the Secretary may 
                approve to earn interest to enhance the 
                leveraging of projects assisted by the bank;
          (4) ensure that any loan from the bank will bear 
        interest at or below market interest rates, as 
        determined by the State, to make the project that is 
        the subject of the loan feasible;
          (5) ensure that repayment of any loan from the bank 
        will commence not later than 5 years after the project 
        has been completed or, in the case of a highway 
        project, the facility has opened to traffic, whichever 
        is later;
          (6) ensure that the term for repaying any loan will 
        not exceed 30 years after the date of the first payment 
        on the loan; and
          (7) require the bank to make an annual report to the 
        Secretary on its status no later than September 30 of 
        each year and such other reports as the Secretary may 
        require under guidelines issued to carry out this 
        section.
  (h) Applicability of Federal Law.--
          (1) In general.--The requirements of this title and 
        title 49 that would otherwise apply to funds made 
        available under this title or such title and projects 
        assisted with those funds shall apply to--
                  (A) funds made available under this title or 
                such title and contributed to an infrastructure 
                bank established under this section, including 
                the non-Federal contribution required under 
                subsection (g); and
                  (B) projects assisted by the bank through the 
                use of the funds,
        except to the extent that the Secretary determines that 
        any requirement of such title (other than sections 113 
        and 114 of this title and section 5333 of title 49) is 
        not consistent with the objectives of this section.
          (2) Repayments.--The requirements of this title and 
        title 49 shall apply to repayments from non-Federal 
        sources to an infrastructure bank from projects 
        assisted by the bank. Such a repayment shall be 
        considered to be Federal funds.
  (i) United States not Obligated.--The deposit of Federal 
funds into an infrastructure bank established under this 
section shall not be construed as a commitment, guarantee, or 
obligation on the part of the United States to any third party, 
nor shall any third party have any right against the United 
States for payment solely by virtue of the contribution. Any 
security or debt-financing instrument issued by the 
infrastructure bank shall expressly state that the security or 
instrument does not constitute a commitment, guarantee, or 
obligation of the United States.
  (j) Management of Federal Funds.--Sections 3335 and 6503 of 
title 31 shall not apply to funds deposited into an 
infrastructure bank under this section.
  (k) Program Administration.--For each of [fiscal years 2005 
through 2009] fiscal years 2016 through 2021, a State may 
expend not to exceed 2 percent of the Federal funds contributed 
to an infrastructure bank established by the State under this 
section to pay the reasonable costs of administering the bank.

           *       *       *       *       *       *       *

                              ----------                              


                               SAFETEA-LU

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users'' or ``SAFETEA-LU''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                      TITLE I--FEDERAL-AID HIGHWAYS

     * * * * * * *

                   Subtitle C--Mobility and Efficiency

[Sec. 1301. Projects of national and regional significance.]
     * * * * * * *

                       Subtitle D--Highway Safety

     * * * * * * *
[Sec. 1409. Work zone safety grants.]
Sec. 1409. Work zone and guard rail safety training.
     * * * * * * *

                     TITLE IV--MOTOR CARRIER SAFETY

     * * * * * * *

               Subtitle A--Commercial Motor Vehicle Safety

     * * * * * * *
[Sec. 4126. Commercial vehicle information systems and networks 
          deployment.
[Sec. 4127. Outreach and education.
[Sec. 4128. Safety data improvement program.]
     * * * * * * *
[Sec. 4134. Grant program for commercial motor vehicle operators.]

           *       *       *       *       *       *       *


TITLE I--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *


                  Subtitle C--Mobility and Efficiency

[SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

  [(a) Findings.--Congress finds the following:
          [(1) Under current law, surface transportation 
        programs rely primarily on formula capital 
        apportionments to States.
          [(2) Despite the significant increase for surface 
        transportation program funding in the Transportation 
        Equity Act of the 21st Century, current levels of 
        investment are insufficient to fund critical high-cost 
        transportation infrastructure facilities that address 
        critical national economic and transportation needs.
          [(3) Critical high-cost transportation infrastructure 
        facilities often include multiple levels of government, 
        agencies, modes of transportation, and transportation 
        goals and planning processes that are not easily 
        addressed or funded within existing surface 
        transportation program categories.
          [(4) Projects of national and regional significance 
        have national and regional benefits, including 
        improving economic productivity by facilitating 
        international trade, relieving congestion, and 
        improving transportation safety by facilitating 
        passenger and freight movement.
          [(5) The benefits of projects described in paragraph 
        (4) accrue to local areas, States, and the Nation as a 
        result of the effect such projects have on the national 
        transportation system.
          [(6) A program dedicated to constructing projects of 
        national and regional significance is necessary to 
        improve the safe, secure, and efficient movement of 
        people and goods throughout the United States and 
        improve the health and welfare of the national economy.
  [(b) Establishment of Program.--The Secretary shall establish 
a program to provide grants to eligible applicants for projects 
of national and regional significance.
  [(c) Definitions.--In this section, the following definitions 
apply:
          [(1) Eligible project costs.--The term ``eligible 
        project costs'' means the costs of--
                  [(A) development phase activities, including 
                planning, feasibility analysis, revenue 
                forecasting, environmental review, preliminary 
                engineering and design work, and other 
                preconstruction activities; and
                  [(B) construction, reconstruction, 
                rehabilitation, and acquisition of real 
                property (including land related to the project 
                and improvements to land), environmental 
                mitigation, construction contingencies, 
                acquisition of equipment, and operational 
                improvements.
          [(2) Eligible project.--The term ``eligible project'' 
        means any surface transportation project eligible for 
        Federal assistance under title 23, United States Code, 
        including freight railroad projects and activities 
        eligible under such title.
          [(3) Eligible applicant.--The term ``eligible 
        applicant'' means--
                  [(A) a State department of transportation or 
                a group of State departments of transportation;
                  [(B) a tribal government or consortium of 
                tribal governments;
                  [(C) a transit agency; or
                  [(D) a multi-State or multi-jurisdictional 
                group of the agencies described in 
                subparagraphs (A) through (C).
  [(d) Eligibility.--To be eligible for assistance under this 
section, a project shall have eligible project costs that are 
reasonably anticipated to equal or exceed the lesser of--
          [(1) $500,000,000; or
          [(2) 50 percent of the amount of Federal highway 
        assistance funds apportioned for the most recently 
        completed fiscal year to the State in which the project 
        is located.
  [(e) Applications.--Each eligible applicant seeking to 
receive a grant under this section for an eligible project 
shall submit to the Secretary an application in such form and 
in accordance with such requirements as the Secretary shall 
establish.
  [(f) Competitive Grant Selection and Criteria for Grants.--
          [(1) In general.--The Secretary shall--
                  [(A) establish criteria for selecting among 
                projects that meet the eligibility criteria 
                specified in subsection (d);
                  [(B) conduct a national solicitation for 
                applications; and
                  [(C) award grants on a competitive basis.
          [(2) Criteria for grants.--The Secretary may approve 
        a grant under this section for a project only if the 
        Secretary determines that the project--
                  [(A) is based on the results of preliminary 
                engineering;
                  [(B) is justified based on the ability of the 
                project--
                          [(i) to generate national economic 
                        benefits, including creating jobs, 
                        expanding business opportunities, and 
                        impacting the gross domestic product;
                          [(ii) to reduce congestion, including 
                        impacts in the State, region, and 
                        Nation;
                          [(iii) to improve transportation 
                        safety, including reducing 
                        transportation accidents, injuries, and 
                        fatalities;
                          [(iv) to otherwise enhance the 
                        national transportation system; and
                          [(v) to garner support for non-
                        Federal financial commitments and 
                        provide evidence of stable and 
                        dependable financing sources to 
                        construct, maintain, and operate the 
                        infrastructure facility; and
                  [(C) is supported by an acceptable degree of 
                non-Federal financial commitments, including 
                evidence of stable and dependable financing 
                sources to construct, maintain, and operate the 
                infrastructure facility.
          [(3) Selection considerations.--In selecting a 
        project under this section, the Secretary shall 
        consider the extent to which the project--
                  [(A) leverages Federal investment by 
                encouraging non-Federal contributions to the 
                project, including contributions from public-
                private partnerships;
                  [(B) improves roadways vital to national 
                energy security; and
                  [(C) helps maintain or protect the 
                environment.
          [(4) Preliminary engineering.--In evaluating a 
        project under paragraph (2)(A), the Secretary shall 
        analyze and consider the results of preliminary 
        engineering for the project.
          [(5) Non-federal financial commitment.--
                  [(A) Evaluation of project.--In evaluating a 
                project under paragraph (2)(C), the Secretary 
                shall require that--
                          [(i) the proposed project plan 
                        provides for the availability of 
                        contingency amounts that the Secretary 
                        determines to be reasonable to cover 
                        unanticipated cost increases; and
                          [(ii) each proposed non-Federal 
                        source of capital and operating 
                        financing is stable, reliable, and 
                        available within the proposed project 
                        timetable.
                  [(B) Considerations.--In assessing the 
                stability, reliability, and availability of 
                proposed sources of non-Federal financing under 
                subparagraph (A), the Secretary shall 
                consider--
                          [(i) existing financial commitments;
                          [(ii) the degree to which financing 
                        sources are dedicated to the purposes 
                        proposed;
                          [(iii) any debt obligation that 
                        exists or is proposed by the recipient 
                        for the proposed project; and
                          [(iv) the extent to which the project 
                        has a non-Federal financial commitment 
                        that exceeds the required non-Federal 
                        share of the cost of the project.
          [(6) Regulations.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        issue regulations on the manner in which the Secretary 
        will evaluate and rate the projects based on the 
        results of preliminary engineering, project 
        justification, and the degree of non-Federal financial 
        commitment, as required under this subsection.
          [(7) Project evaluation and rating.--
                  [(A) In general.--A proposed project may 
                advance from preliminary engineering to final 
                design and construction only if the Secretary 
                finds that the project meets the requirements 
                of this subsection and there is a reasonable 
                likelihood that the project will continue to 
                meet such requirements.
                  [(B) Evaluation and rating.--In making such 
                findings, the Secretary shall evaluate and rate 
                the project as ``highly recommended'', 
                ``recommended'', or ``not recommended'' based 
                on the results of preliminary engineering, the 
                project justification criteria, and the degree 
                of non-Federal financial commitment, as 
                required under this subsection. In rating the 
                projects, the Secretary shall provide, in 
                addition to the overall project rating, 
                individual ratings for each of the criteria 
                established under the regulations issued under 
                paragraph (6).
  [(g) Letters of Intent and Full Funding Grant Agreements.--
          [(1) Letter of intent.--
                  [(A) In general.--The Secretary may issue a 
                letter of intent to an applicant announcing an 
                intention to obligate, for a 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.
                  [(B) Notification.--At least 60 days before 
                issuing a letter under subparagraph (A) or 
                entering into a full funding grant agreement, 
                the Secretary shall notify in writing the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Environment and Public Works of 
                the Senate of the proposed letter or agreement. 
                The Secretary shall include with the 
                notification a copy of the proposed letter or 
                agreement as well as the evaluations and 
                ratings for the project.
                  [(C) Not an obligation.--The issuance of a 
                letter is deemed not to be an obligation under 
                sections 1108(c), 1108(d), 1501, and 1502(a) of 
                title 31, United States Code, or an 
                administrative commitment.
                  [(D) Obligation or commitment.--An obligation 
                or administrative commitment may be made only 
                when contract authority is allocated to a 
                project.
                  [(E) Congressional approval.--The Secretary 
                may not issue a letter of intent, enter into a 
                full funding grant agreement under paragraph 
                (2), or make any other obligation or commitment 
                to fund a project under this section if a joint 
                resolution of disapproval is enacted 
                disapproving funding for the project before the 
                last day of the 60-day period described in 
                subparagraph (B).
          [(2) Full funding grant agreement.--
                  [(A) In general.--A project financed under 
                this subsection shall be carried out through a 
                full funding grant agreement. The Secretary 
                shall enter into a full funding grant agreement 
                based on the evaluations and ratings required 
                under subsection (f)(7).
                  [(B) Terms.--If the Secretary makes a full 
                funding grant agreement with an applicant, the 
                agreement shall--
                          [(i) establish the terms of 
                        participation by the United States 
                        Government in a project under this 
                        section;
                          [(ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          [(iii) cover the period of time for 
                        completing the project, including a 
                        period extending beyond the period of 
                        an authorization; and
                          [(iv) make timely and efficient 
                        management of the project easier 
                        according to the laws of the United 
                        States.
                  [(C) Agreement.--An agreement under this 
                paragraph 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 paragraph, to obligate an additional 
                amount from future available budget authority 
                specified in law. The agreement shall state 
                that the contingent commitment is not an 
                obligation of the Government. Interest and 
                other financing costs of efficiently carrying 
                out a part of the project within a reasonable 
                time are a cost of carrying out the 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 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.
          [(3) Amounts.--The total estimated amount of future 
        obligations of the Government and contingent 
        commitments to incur obligations covered by all 
        outstanding letters of intent and full funding grant 
        agreements may be not more than the greater of the 
        amount authorized to carry out this section or an 
        amount equivalent to the last 2 fiscal years of funding 
        authorized to carry out this section less an amount the 
        Secretary reasonably estimates is necessary for grants 
        under this section not covered by a letter. The total 
        amount covered by new letters and contingent 
        commitments included in full funding grant agreements 
        may be not more than a limitation specified in law.
  [(h) Grant Requirements.--
          [(1) In general.--A grant for a project under this 
        section shall be subject to all of the requirements of 
        title 23, United States Code.
          [(2) Other terms and conditions.--The Secretary shall 
        require that all grants under this section be subject 
        to all terms, conditions, and requirements that the 
        Secretary decides are necessary or appropriate for 
        purposes of this section, including requirements for 
        the disposition of net increases in value of real 
        property resulting from the project assisted under this 
        section.
  [(i) Government's Share of 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 cost of a project receiving 
assistance under this section. A grant for the project is for 
80 percent of the project cost, unless the grant recipient 
requests a lower grant percentage. A refund or reduction of the 
remainder may be made only if a refund of a proportional amount 
of the grant of the Government is made at the same time.
  [(j) Fiscal Capacity Considerations.--If the Secretary gives 
priority consideration to financing projects that include more 
than the non-Government share required under subsection (i) the 
Secretary shall give equal consideration to differences in the 
fiscal capacity of State and local governments.
  [(k) Reports.--
          [(1) Annual report.--Not later than the first Monday 
        in February of each year, 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 includes a proposal on the allocation of amounts 
        to be made available to finance grants under this 
        section.
          [(2) Recommendations on funding.--The annual report 
        under this paragraph shall include evaluations and 
        ratings, as required under subsection (f). The report 
        shall also include recommendations of projects for 
        funding based on the evaluations and ratings and on 
        existing commitments and anticipated funding levels for 
        the next 3 fiscal years and for the next 10 fiscal 
        years based on information currently available to the 
        Secretary.
          [(3) Project selection justifications.--
                  [(A) In general.--Not later than 30 days 
                after the date on which the Secretary selects a 
                project for funding under this section, the 
                Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Environment and Public Works of the Senate a 
                report that describes the reasons for selecting 
                the project, based on the criteria described in 
                subsection (f).
                  [(B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criteria 
                described in subsection (f) that the project 
                meets.
                  [(C) Availability.--The Secretary shall make 
                available on the website of the Department the 
                report submitted under subparagraph (A).
  [(l) Report.--
          [(1) In general.--Not later than 2 years after the 
        date of enactment of the MAP-21, the Secretary shall 
        submit a report to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 
        regarding projects of national and regional 
        significance.
          [(2) Purpose.--The purpose of the report issued under 
        this subsection shall be to identify projects of 
        national and regional significance that--
                  [(A) will significantly improve the 
                performance of the Federal-aid highway system, 
                nationally or regionally;
                  [(B) is able to--
                          [(i) generate national economic 
                        benefits that reasonably exceed the 
                        costs of the projects, including 
                        increased access to jobs, labor, and 
                        other critical economic inputs;
                          [(ii) reduce long-term congestion, 
                        including impacts in the State, region, 
                        and the United States, and increase 
                        speed, reliability, and accessibility 
                        of the movement of people or freight; 
                        and
                          [(iii) improve transportation safety, 
                        including reducing transportation 
                        accidents, and serious injuries and 
                        fatalities; and
                  [(C) can be supported by an acceptable degree 
                of non-Federal financial commitments.
          [(3) Contents.--The report issued under this 
        subsection shall include--
                  [(A) a comprehensive list of each project of 
                national and regional significance that--
                          [(i) has been complied through a 
                        survey of State departments of 
                        transportation; and
                          [(ii) has been classified by the 
                        Secretary as a project of regional or 
                        national significance in accordance 
                        with this section;
                  [(B) an analysis of the information collected 
                under paragraph (1), including a discussion of 
                the factors supporting each classification of a 
                project as a project of regional or national 
                significance; and
                  [(C) recommendations on financing for 
                eligible project costs.
  [(m) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $500,000,000 for 
fiscal year 2013, to remain available until expended.]

           *       *       *       *       *       *       *


Subtitle D--Highway Safety

           *       *       *       *       *       *       *


SEC. 1409. [WORK ZONE SAFETY GRANTS.]  WORK ZONE AND GUARD RAIL SAFETY 
                    TRAINING.

  (a) In General.--The Secretary shall establish and implement 
a work zone safety grant program under which the Secretary may 
make grants to nonprofit organizations and not-for-profit 
organizations to provide training to prevent or reduce highway 
work zone injuries and fatalities.
  (b) Eligible Activities.--Grants may be made under the 
program for the following purposes:
          (1) Training for construction craft workers on the 
        prevention of injuries and fatalities in highway and 
        road construction.
          (2) Development of guidelines for the prevention of 
        highway work zone injuries and fatalities.
          (3) Training for State and local government 
        transportation agencies and other groups implementing 
        guidelines for the prevention of highway work zone 
        injuries and fatalities.
          (4) Development, updating, and delivery of training 
        courses on guard rail installation, maintenance, and 
        inspection.
  (c) Funding.--
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $5,000,000 for each of fiscal years 2006 through 2009.
          (2) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the 
        same manner as if the funds were apportioned under 
        chapter 1 of title 23, United States Code; except that 
        such funds shall not be transferable.

           *       *       *       *       *       *       *


Subtitle F--Finance

           *       *       *       *       *       *       *


SEC. 1604. TOLLING.

  (a) [Omitted-amends other laws]
  (b) Express Lanes Demonstration Program.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Eligible toll facility.--The term 
                ``eligible toll facility'' includes--
                          (i) a facility in existence on the 
                        date of enactment of this Act that 
                        collects tolls;
                          (ii) a facility in existence on the 
                        date of enactment of this Act that 
                        serves high occupancy vehicles;
                          (iii) a facility modified or 
                        constructed after the date of enactment 
                        of this Act to create additional tolled 
                        lane capacity (including a facility 
                        constructed by a private entity or 
                        using private funds); and
                          (iv) in the case of a new lane added 
                        to a previously non-tolled facility, 
                        only the new lane.
                  (B) Nonattainment area.--The term 
                ``nonattainment area'' has the meaning given 
                that term in section 171 of the Clean Air Act 
                (42 U.S.C. 7501).
          (2) Demonstration program.--Notwithstanding sections 
        129 and 301 of title 23, United States Code, the 
        Secretary shall carry out 15 demonstration projects 
        during the period of fiscal years 2005 through 2009 to 
        permit States, public authorities, or a public or 
        private entities designated by States, to collect a 
        toll from motor vehicles at an eligible toll facility 
        for any highway, bridge, or tunnel, including 
        facilities on the Interstate System--
                  (A) to manage high levels of congestion;
                  (B) to reduce emissions in a nonattainment 
                area or maintenance area; or
                  (C) to finance the expansion of a highway, 
                for the purpose of reducing traffic congestion, 
                by constructing one or more additional lanes 
                (including bridge, tunnel, support, and other 
                structures necessary for that construction) on 
                the Interstate System.
          (3) Limitation on use of revenues.--
                  (A) Use.--
                          (i) In general.--Toll revenues 
                        received under paragraph (2) shall be 
                        used by a State, public authority, or 
                        private entity designated by a State, 
                        for--
                                  (I) debt service;
                                  (II) a reasonable return on 
                                investment of any private 
                                financing;
                                  (III) the costs necessary for 
                                proper operation and 
                                maintenance of any facilities 
                                under paragraph (2) (including 
                                reconstruction, resurfacing, 
                                restoration, and 
                                rehabilitation); or
                                  (IV) if the State, public 
                                authority, or private entity 
                                annually certifies that the 
                                tolled facility is being 
                                adequately operated and 
                                maintained, any other purpose 
                                relating to a highway or 
                                transit project carried out 
                                under title 23 or 49, United 
                                States Code.
                  (B) Requirements.--
                          (i) Variable price requirement.--A 
                        facility that charges tolls under this 
                        subsection may establish a toll that 
                        varies in price according to time of 
                        day or level of traffic, as appropriate 
                        to manage congestion or improve air 
                        quality.
                          (ii) HOV variable pricing 
                        requirement.--The Secretary shall 
                        require, for each high occupancy 
                        vehicle facility that charges tolls 
                        under this subsection, that the tolls 
                        vary in price according to time of day 
                        or level of traffic, as appropriate to 
                        manage congestion or improve air 
                        quality.
                          (iii) HOV passenger requirements.--
                        Pursuant to section 166 of title 23, 
                        United States Code, a State may permit 
                        motor vehicles with fewer than two 
                        occupants to operate in high occupancy 
                        vehicle lanes as part of a variable 
                        toll pricing program established under 
                        this subsection.
                  (C) Agreement.--
                          (i) In general.--Before the Secretary 
                        may permit a facility to charge tolls 
                        under this subsection, the Secretary 
                        and the applicable State, public 
                        authority, or private entity designated 
                        by a State shall enter into an 
                        agreement for each facility 
                        incorporating the conditions described 
                        in subparagraphs (A) and (B).
                          (ii) Termination.--An agreement under 
                        clause (i) shall terminate with respect 
                        to a facility upon the decision of the 
                        State, public authority, or private 
                        entity designated by a State to 
                        discontinue the variable tolling 
                        program under this subsection for the 
                        facility.
                          (iii) Debt.--If there is any debt 
                        outstanding on a facility at the time 
                        at which the decision is made to 
                        discontinue the program under this 
                        subsection with respect to the 
                        facility, the facility may continue to 
                        charge tolls in accordance with the 
                        terms of the agreement until such time 
                        as the debt is retired.
                  (D) Limitation on federal share.--The Federal 
                share of the cost of a project on a facility 
                tolled under this subsection, including a 
                project to install the toll collection facility 
                shall be a percentage, not to exceed 80 
                percent, determined by the applicable State.
          (4) Eligibility.--To be eligible to participate in 
        the program under this subsection, a State, public 
        authority, or private entity designated by a State 
        shall provide to the Secretary--
                  (A) a description of the congestion or air 
                quality problems sought to be addressed under 
                the program;
                  (B) a description of--
                          (i) the goals sought to be achieved 
                        under the program; and
                          (ii) the performance measures that 
                        would be used to gauge the success made 
                        toward reaching those goals; and
                  (C) such other information as the Secretary 
                may require.
          (5) Automation.--Fees collected from motorists using 
        an express lane shall be collected only through the use 
        of noncash electronic technology that optimizes the 
        free flow of traffic on the tolled facility.
          (6) Interoperability.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this Act, the 
                Secretary shall promulgate a final rule 
                specifying requirements, standards, or 
                performance specifications for automated toll 
                collection systems implemented under this 
                section.
                  (B) Development.--In developing that rule, 
                which shall be designed to maximize the 
                interoperability of electronic collection 
                systems, the Secretary shall, to the maximum 
                extent practicable--
                          (i) seek to accelerate progress 
                        toward the national goal of achieving a 
                        nationwide interoperable electronic 
                        toll collection system;
                          (ii) take into account the use of 
                        noncash electronic technology currently 
                        deployed within an appropriate 
                        geographical area of travel and the 
                        noncash electronic technology likely to 
                        be in use within the next 5 years; and
                          (iii) seek to minimize additional 
                        costs and maximize convenience to users 
                        of toll facility and to the toll 
                        facility owner or operator.
          (7) Reporting.--
                  (A) In general.--The Secretary, in 
                cooperation with State and local agencies and 
                other program participants and with opportunity 
                for public comment, shall--
                          (i) develop and publish performance 
                        goals for each express lane project;
                          (ii) establish a program for regular 
                        monitoring and reporting on the 
                        achievement of performance goals, 
                        including--
                                  (I) effects on travel, 
                                traffic, and air quality;
                                  (II) distribution of benefits 
                                and burdens;
                                  (III) use of alternative 
                                transportation modes; and
                                  (IV) use of revenues to meet 
                                transportation or impact 
                                mitigation needs.
                  [(B) Reports to congress.--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--
                          [(i) not later than 1 year after the 
                        date of enactment of this Act, and 
                        annually thereafter, a report that 
                        describes in detail the uses of funds 
                        under this subsection in accordance 
                        with paragraph (8)(D); and
                          [(ii) not later than 3 years after 
                        the date of enactment of this Act, and 
                        every 3 years thereafter, a report that 
                        describes any success of the program 
                        under this subsection in meeting 
                        congestion reduction and other 
                        performance goals established for 
                        express lane programs.]
  (c) Interstate System Construction Toll Pilot Program.--
          (1) Establishment.--The Secretary shall establish and 
        implement an Interstate System construction toll pilot 
        program under which the Secretary, notwithstanding 
        sections 129 and 301 of title 23, United States Code, 
        may permit a State or an interstate compact of States 
        to collect tolls on a highway, bridge, or tunnel on the 
        Interstate System for the purpose of constructing 
        Interstate highways.
          (2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        section on three facilities on the Interstate System.
          (3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                  (A) An identification of the facility on the 
                Interstate System proposed to be a toll 
                facility.
                  (B) In the case of a facility that affects a 
                metropolitan area, an assurance that the 
                metropolitan planning organization designated 
                under section 134 or 135 for the area has been 
                consulted concerning the placement and amount 
                of tolls on the facility.
                  (C) An analysis demonstrating that financing 
                the construction of the facility with the 
                collection of tolls under the pilot program is 
                the most efficient and economical way to 
                advance the project.
                  (D) A facility management plan that 
                includes--
                          (i) a plan for implementing the 
                        imposition of tolls on the facility;
                          (ii) a schedule and finance plan for 
                        the construction of the facility using 
                        toll revenues;
                          (iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                          (iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                          (v) such other information as the 
                        Secretary may require.
          (4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                  (A) the State's analysis under paragraph 
                (3)(C) is reasonable;
                  (B) the State plan for implementing tolls on 
                the facility takes into account the interests 
                of local, regional, and interstate travelers;
                  (C) the State plan for construction of the 
                facility using toll revenues is reasonable;
                  (D) the State will develop, manage, and 
                maintain a system that will automatically 
                collect the tolls; and
                  (E) the State has given preference to the use 
                of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System.
          (5) Prohibition on noncompete agreements.--Before the 
        Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that the State will 
        not enter into an agreement with a private person under 
        which the State is prevented from improving or 
        expanding the capacity of public roads adjacent to the 
        toll facility to address conditions resulting from 
        traffic diverted to such roads from the toll facility, 
        including--
                  (A) excessive congestion;
                  (B) pavement wear; and
                  (C) an increased incidence of traffic 
                accidents, injuries, or fatalities.
          (6) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                  (A) all toll revenues received from operation 
                of the toll facility will be used only for--
                          (i) debt service;
                          (ii) reasonable return on investment 
                        of any private person financing the 
                        project; and
                          (iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                  (B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
          (7) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) of title 23, United States Code, may not be 
        used on a facility for which tolls are being collected 
        under the program.
          (8) Program term.--The Secretary may approve an 
        application of a State for permission to collect a toll 
        under this section only if the application is received 
        by the Secretary before the last day of the 10-year 
        period beginning on the date of enactment of this Act.
          (9) Interstate system defined.--In this section, the 
        term ``Interstate System'' has the meaning such term 
        has under section 101 of title 23, United States Code.

           *       *       *       *       *       *       *


Subtitle I--Miscellaneous

           *       *       *       *       *       *       *


SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

  (a) Grants.--Subject to the requirements of this section, the 
Secretary shall make grants to a State that--
          (1)[(A) has enacted and is enforcing a law that 
        prohibits the use of racial profiling in the 
        enforcement of State laws regulating the use of 
        Federal-aid highways; and]
          [(B) is maintaining] is maintaining and allows public 
        inspection of statistical information for each motor 
        vehicle stop made by a law enforcement officer on a 
        Federal-aid highway in the State regarding the race and 
        ethnicity of the driver [and any passengers]; or
          (2) provides assurances satisfactory to the Secretary 
        that the State is undertaking activities to comply with 
        the requirements of paragraph (1).
  [(b) Eligible Activities.--A grant received by a State under 
subsection (a) shall be used by the State--
          [(1) in the case of a State eligible under subsection 
        (a)(1), for costs of--
                  [(A) collecting and maintaining of data on 
                traffic stops;
                  [(B) evaluating the results of the data; and
                  [(C) developing and implementing programs to 
                reduce the occurrence of racial profiling, 
                including programs to train law enforcement 
                officers; and
          [(2) in the case of a State eligible under subsection 
        (a)(2), for costs of--
                  [(A) activities to comply with the 
                requirements of subsection (a)(1); and
                  [(B) any eligible activity under paragraph 
                (1).
  [(c) Racial Profiling.--
          [(1) In general.--To meet the requirement of 
        subsection (a)(1), a State law shall prohibit, in the 
        enforcement of State laws regulating the use of 
        Federal-aid highways, a State or local law enforcement 
        officer from using the race or ethnicity of the driver 
        or passengers to any degree in making routine or 
        spontaneous law enforcement decisions, such as ordinary 
        traffic stops on Federal-aid highways.
          [(2) Limitation.--Nothing in this subsection shall 
        alter the manner in which a State or local law 
        enforcement officer considers race or ethnicity 
        whenever there is trustworthy information, relevant to 
        the locality or time frame, that links persons of a 
        particular race or ethnicity to an identified criminal 
        incident, scheme, or organization.]
  (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.
  [(d)] (c) Limitations.--
          (1) Maximum amount of grants.--The total amount of 
        grants made to a State under this section in a fiscal 
        year may not exceed 5 percent of the amount made 
        available to carry out this section in the fiscal year.
          (2) Eligibility.--[A State] On or after October 1, 
        2015, a State may not receive a grant under subsection 
        (a)(2) in more than 2 fiscal years.
  [(e) Authorization of Appropriations.--] (d) Funding._
          [(1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $7,500,000 for each of fiscal years 2005 through 2009.]
          (1) In general.--From funds made available under 
        section 403 of title 23, United States Code, the 
        Secretary shall set aside $7,500,000 for each of the 
        fiscal years 2016 through 2021 to carry out this 
        section.
          (2) Contract authority.--Funds [authorized by] made 
        available under this subsection shall be available for 
        obligation in the same manner as if the funds were 
        apportioned under chapter 1 of title 23, United States 
        Code, except the Federal share of the cost of 
        activities carried out using such funds shall be 80 
        [percent, and such funds shall remain available until 
        expended and shall not be transferable.] percent.

           *       *       *       *       *       *       *


TITLE IV--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *


              Subtitle A--Commercial Motor Vehicle Safety

SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Grant Programs.--There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) the following sums for the following Federal Motor 
Carrier Safety Administration programs:
          [(1) Commercial driver's license program improvement 
        grants.--For commercial driver's license program 
        improvement grants under section 31313 of title 49, 
        United States Code $30,000,000 for each of fiscal years 
        2013 through 2015 and $2,377,049 for the period 
        beginning on October 1, 2015, and ending on October 29, 
        2015.
          [(2) Border enforcement grants.--For border 
        enforcement grants under section 31107 of such title 
        $32,000,000 for each of fiscal years 2013 through 2015 
        and $2,535,519 for the period beginning on October 1, 
        2015, and ending on October 29, 2015.
          [(3) Performance and registration information system 
        management grant program.--For the performance and 
        registration information system management grant 
        program under section 31109 of such title $5,000,000 
        for each of fiscal years 2013 through 2015 and $396,175 
        for the period beginning on October 1, 2015, and ending 
        on October 29, 2015.
          [(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 
        each of fiscal years 2013 through 2015 and $1,980,874 
        for the period beginning on October 1, 2015, and ending 
        on October 29, 2015.
          [(5) Safety data improvement grants.--For safety data 
        improvement grants under section 4128 of this Act, 
        $3,000,000 for each of fiscal years 2013 through 2015 
        and $237,705 for the period beginning on October 1, 
        2015, and ending on October 29, 2015.]
  (c) Authorization of Appropriations.--The following sums are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account):
          (1) Commercial driver's license program improvement 
        grants.--For carrying out the commercial driver's 
        license program improvement grants program under 
        section 31313 of title 49, United States Code, 
        $30,480,000 for fiscal year 2016.
          (2) Border enforcement grants.--For border 
        enforcement grants under section 31107 of that title 
        $32,512,000 for fiscal year 2016.
          (3) Performance and registration information systems 
        management grant program.--For the performance and 
        registration information systems management grant 
        program under section 31109 of that title $5,080,000 
        for fiscal year 2016.
          (4) Commercial vehicle information systems and 
        networks deployment.--For carrying out the commercial 
        vehicle information systems and networks deployment 
        program under section 4126 of this Act $25,400,000 for 
        fiscal year 2016.
          (5) Safety data improvement grants.--For safety data 
        improvement grants under section 4128 of this Act 
        $3,048,000 for fiscal year 2016.
  (d) Period of Availability.--The amounts made available under 
subsection (c) of this section shall remain available until 
expended.
  (e) Initial Date of Availability.--Amounts authorized to be 
appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) by subsection (c) shall be available for 
obligation on the date of their apportionment or allocation or 
on October 1 of the fiscal year for which they are authorized, 
whichever occurs first.
  (f) Contract Authority.--Approval by the Secretary of a grant 
with funds made available under subsection (c) imposes upon the 
United States a contractual obligation for payment of the 
Government's share of costs incurred in carrying out the 
objectives of the grant.

           *       *       *       *       *       *       *


SEC. 4116. MEDICAL PROGRAM.

  (a) [Omitted-Amended other laws]
  (b) [Omitted-Amended other laws]
  (c) [Omitted-Amended other laws]
  (d) Funding.--Amounts made available pursuant to [section 
31104(i)] section 31110 of title 49, United States Code, shall 
be used by the Secretary to carry out section 31149 of title 
49, United States Code.
  (e) [Omitted-Amended other laws]
  (f) Effective Date.--The amendments made by subsections (a) 
and (b) shall take effect on the 365th day following the date 
of enactment of this Act.

           *       *       *       *       *       *       *


SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
                    DEPLOYMENT.

  (a) In General.--The Secretary shall carry out a commercial 
vehicle information systems and networks program to--
          (1) improve the safety and productivity of commercial 
        vehicles and drivers; and
          (2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle 
        regulatory requirements.
  (b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent 
transportation system applications for commercial vehicle 
operations, including commercial vehicle, commercial driver, 
and carrier-specific information systems and networks.
  (c) Core Deployment Grants.--
          (1) In general.--The Secretary shall make grants to 
        eligible States for the core deployment of commercial 
        vehicle information systems and networks.
          (2) Amount of grants.--The maximum aggregate amount 
        the Secretary may grant to a State for the core 
        deployment of commercial vehicle information systems 
        and networks under this subsection and sections 
        5001(a)(5) and 5001(a)(6) of the Transportation Equity 
        Act for the 21st Century (112 Stat. 420) may not exceed 
        $2,500,000. Funds deobligated by the Secretary from 
        previous year grants shall not be counted toward the 
        $2,500,000 maximum aggregate amount for core 
        deployment.
          (3) Use of funds.--Funds from a grant under this 
        subsection may only be used for the core deployment of 
        commercial vehicle information systems and networks. An 
        eligible State that has either completed the core 
        deployment of commercial vehicle information systems 
        and networks or completed such deployment before grant 
        funds are expended under this subsection may use the 
        grant funds for the expanded deployment of commercial 
        vehicle information systems and networks in the State. 
        Funds may also be used for planning activities, 
        including the development or updating of program or top 
        level design plans.
  (d) Expanded Deployment Grants.--
          (1) In general.--For each fiscal year, from the funds 
        remaining after the Secretary has made grants under 
        subsection (c), the Secretary may make grants to each 
        eligible State, upon request, for the expanded 
        deployment of commercial vehicle information systems 
        and networks.
          (2) Eligibility.--Each State that has completed the 
        core deployment of commercial vehicle information 
        systems and networks in such State is eligible for an 
        expanded deployment grant under this subsection.
          (3) Amount of grants.--Each fiscal year, the 
        Secretary may distribute funds available for expanded 
        deployment grants equally among the eligible States, 
        but not to exceed $1,000,000 per State.
          (4) Use of funds.--A State may use funds from a grant 
        under this subsection only for the expanded deployment 
        of commercial vehicle information systems and networks. 
        Funds may also be used for planning activities, 
        including the development or updating of program or top 
        level design plans.
  (e) Eligibility.--To be eligible for a grant under this 
section, a State--
          (1) shall have a commercial 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 
        core capabilities;
          (2) shall certify to the Secretary that its 
        commercial vehicle information systems and networks 
        deployment activities, including hardware procurement, 
        software and system development, and infrastructure 
        modifications--
                  (A) are consistent with the national 
                intelligent transportation systems and 
                commercial vehicle information systems and 
                networks architectures and available standards; 
                and
                  (B) promote interoperability and efficiency 
                to the extent practicable; and
          (3) shall 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 vehicle information systems and networks.
  (f) Federal Share.--The Federal share of the cost of a 
project payable from funds made available to carry out this 
section shall not exceed 50 percent. The total Federal share of 
the cost of a project payable from all eligible Federal sources 
shall not exceed 80 percent.
  (g) Definitions.--In this section, the following definitions 
apply:
          (1) Commercial vehicle information systems and 
        networks.--The term ``commercial vehicle information 
        systems and networks'' means the information systems 
        and communications networks that provide the capability 
        to--
                  (A) improve the safety of commercial motor 
                vehicle operations;
                  (B) increase the efficiency of regulatory 
                inspection processes to reduce administrative 
                burdens by advancing technology to facilitate 
                inspections and increase the effectiveness of 
                enforcement efforts;
                  (C) advance electronic processing of 
                registration information, driver licensing 
                information, fuel tax information, inspection 
                and crash data, and other safety information;
                  (D) enhance the safe passage of commercial 
                motor vehicles across the United States and 
                across international borders; and
                  (E) promote the communication of information 
                among the States and encourage multistate 
                cooperation and corridor development.
          (2) Commercial motor vehicle operations.--The term 
        ``commercial motor vehicle operations''--
                  (A) means motor carrier operations and motor 
                vehicle regulatory activities associated with 
                the commercial motor vehicle movement of goods, 
                including hazardous materials, and passengers; 
                and
                  (B) with respect to the public sector, 
                includes the issuance of operating credentials, 
                the administration of motor vehicle and fuel 
                taxes, and roadside safety and border crossing 
                inspection and regulatory compliance 
                operations.
          (3) Core deployment.--The term ``core deployment'' 
        means the deployment of systems in a State necessary to 
        provide the State with the following capabilities:
                  (A) Safety information exchange to--
                          (i) electronically collect and 
                        transmit commercial motor vehicle and 
                        driver inspection data at a majority of 
                        inspection sites in the State;
                          (ii) connect to the safety and 
                        fitness electronic records system for 
                        access to interstate carrier and 
                        commercial motor vehicle data, 
                        summaries of past safety performance, 
                        and commercial motor vehicle 
                        credentials information; and
                          (iii) exchange carrier data and 
                        commercial motor vehicle safety and 
                        credentials information within the 
                        State and connect to such system for 
                        access to interstate carrier and 
                        commercial motor vehicle data.
                  (B) Interstate credentials administration 
                to--
                          (i) perform end-to-end processing, 
                        including carrier application, 
                        jurisdiction application processing, 
                        and credential issuance, of at least 
                        the international registration plan and 
                        international fuel tax agreement 
                        credentials and extend this processing 
                        to other credentials, including 
                        intrastate registration, vehicle 
                        titling, oversize vehicle permits, 
                        overweight vehicle permits, carrier 
                        registration, and hazardous materials 
                        permits;
                          (ii) connect to such plan and 
                        agreement clearinghouses; and
                          (iii) have at least 10 percent of the 
                        credentialing transaction volume in the 
                        State handled electronically and have 
                        the capability to add more carriers and 
                        to extend to branch offices where 
                        applicable.
                  (C) Roadside electronic screening to 
                electronically screen transponder-equipped 
                commercial vehicles at a minimum of one fixed 
                or mobile inspection site in the State and to 
                replicate this screening at other sites in the 
                State.
          (4) Expanded deployment.--The term ``expanded 
        deployment'' means the deployment of systems in a State 
        that exceed the requirements of a core deployment of 
        commercial vehicle information systems and networks, 
        improve safety and the productivity of commercial motor 
        vehicle operations, and enhance transportation 
        security.
[Pursuant to subsections (e)(5) and (f) of section 5101 of H.R. 
3763 (as reported), section 4126 of SAFETEA-LU, as amended by 
other provisions of this bill and in effect on October 1, 2016, 
is repealed including the item relating to that section in the 
table of contents contained in section 1(b) of that Act.]

[SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
                    DEPLOYMENT.

  [(a) In General.--The Secretary shall carry out a commercial 
vehicle information systems and networks program to--
          [(1) improve the safety and productivity of 
        commercial vehicles and drivers; and
          [(2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle 
        regulatory requirements.
  [(b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent 
transportation system applications for commercial vehicle 
operations, including commercial vehicle, commercial driver, 
and carrier-specific information systems and networks.
  [(c) Core Deployment Grants.--
          [(1) In general.--The Secretary shall make grants to 
        eligible States for the core deployment of commercial 
        vehicle information systems and networks.
          [(2) Amount of grants.--The maximum aggregate amount 
        the Secretary may grant to a State for the core 
        deployment of commercial vehicle information systems 
        and networks under this subsection and sections 
        5001(a)(5) and 5001(a)(6) of the Transportation Equity 
        Act for the 21st Century (112 Stat. 420) may not exceed 
        $2,500,000. Funds deobligated by the Secretary from 
        previous year grants shall not be counted toward the 
        $2,500,000 maximum aggregate amount for core 
        deployment.
          [(3) Use of funds.--Funds from a grant under this 
        subsection may only be used for the core deployment of 
        commercial vehicle information systems and networks. An 
        eligible State that has either completed the core 
        deployment of commercial vehicle information systems 
        and networks or completed such deployment before grant 
        funds are expended under this subsection may use the 
        grant funds for the expanded deployment of commercial 
        vehicle information systems and networks in the State. 
        Funds may also be used for planning activities, 
        including the development or updating of program or top 
        level design plans.
  [(d) Expanded Deployment Grants.--
          [(1) In general.--For each fiscal year, from the 
        funds remaining after the Secretary has made grants 
        under subsection (c), the Secretary may make grants to 
        each eligible State, upon request, for the expanded 
        deployment of commercial vehicle information systems 
        and networks.
          [(2) Eligibility.--Each State that has completed the 
        core deployment of commercial vehicle information 
        systems and networks in such State is eligible for an 
        expanded deployment grant under this subsection.
          [(3) Amount of grants.--Each fiscal year, the 
        Secretary may distribute funds available for expanded 
        deployment grants equally among the eligible States, 
        but not to exceed $1,000,000 per State.
          [(4) Use of funds.--A State may use funds from a 
        grant under this subsection only for the expanded 
        deployment of commercial vehicle information systems 
        and networks. Funds may also be used for planning 
        activities, including the development or updating of 
        program or top level design plans.
  [(e) Eligibility.--To be eligible for a grant under this 
section, a State--
          [(1) shall have a commercial 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 
        core capabilities;
          [(2) shall certify to the Secretary that its 
        commercial vehicle information systems and networks 
        deployment activities, including hardware procurement, 
        software and system development, and infrastructure 
        modifications--
                  [(A) are consistent with the national 
                intelligent transportation systems and 
                commercial vehicle information systems and 
                networks architectures and available standards; 
                and
                  [(B) promote interoperability and efficiency 
                to the extent practicable; and
          [(3) shall 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 vehicle information systems and networks.
  [(f) Federal Share.--The Federal share of the cost of a 
project payable from funds made available to carry out this 
section shall not exceed 50 percent. The total Federal share of 
the cost of a project payable from all eligible Federal sources 
shall not exceed 80 percent.
  [(g) Definitions.--In this section, the following definitions 
apply:
          [(1) Commercial vehicle information systems and 
        networks.--The term ``commercial vehicle information 
        systems and networks'' means the information systems 
        and communications networks that provide the capability 
        to--
                  [(A) improve the safety of commercial motor 
                vehicle operations;
                  [(B) increase the efficiency of regulatory 
                inspection processes to reduce administrative 
                burdens by advancing technology to facilitate 
                inspections and increase the effectiveness of 
                enforcement efforts;
                  [(C) advance electronic processing of 
                registration information, driver licensing 
                information, fuel tax information, inspection 
                and crash data, and other safety information;
                  [(D) enhance the safe passage of commercial 
                motor vehicles across the United States and 
                across international borders; and
                  [(E) promote the communication of information 
                among the States and encourage multistate 
                cooperation and corridor development.
          [(2) Commercial motor vehicle operations.--The term 
        ``commercial motor vehicle operations''--
                  [(A) means motor carrier operations and motor 
                vehicle regulatory activities associated with 
                the commercial motor vehicle movement of goods, 
                including hazardous materials, and passengers; 
                and
                  [(B) with respect to the public sector, 
                includes the issuance of operating credentials, 
                the administration of motor vehicle and fuel 
                taxes, and roadside safety and border crossing 
                inspection and regulatory compliance 
                operations.
          [(3) Core deployment.--The term ``core deployment'' 
        means the deployment of systems in a State necessary to 
        provide the State with the following capabilities:
                  [(A) Safety information exchange to--
                          [(i) electronically collect and 
                        transmit commercial motor vehicle and 
                        driver inspection data at a majority of 
                        inspection sites in the State;
                          [(ii) connect to the safety and 
                        fitness electronic records system for 
                        access to interstate carrier and 
                        commercial motor vehicle data, 
                        summaries of past safety performance, 
                        and commercial motor vehicle 
                        credentials information; and
                          [(iii) exchange carrier data and 
                        commercial motor vehicle safety and 
                        credentials information within the 
                        State and connect to such system for 
                        access to interstate carrier and 
                        commercial motor vehicle data.
                  [(B) Interstate credentials administration 
                to--
                          [(i) perform end-to-end processing, 
                        including carrier application, 
                        jurisdiction application processing, 
                        and credential issuance, of at least 
                        the international registration plan and 
                        international fuel tax agreement 
                        credentials and extend this processing 
                        to other credentials, including 
                        intrastate registration, vehicle 
                        titling, oversize vehicle permits, 
                        overweight vehicle permits, carrier 
                        registration, and hazardous materials 
                        permits;
                          [(ii) connect to such plan and 
                        agreement clearinghouses; and
                          [(iii) have at least 10 percent of 
                        the credentialing transaction volume in 
                        the State handled electronically and 
                        have the capability to add more 
                        carriers and to extend to branch 
                        offices where applicable.
                  [(C) Roadside electronic screening to 
                electronically screen transponder-equipped 
                commercial vehicles at a minimum of one fixed 
                or mobile inspection site in the State and to 
                replicate this screening at other sites in the 
                State.
          [(4) Expanded deployment.--The term ``expanded 
        deployment'' means the deployment of systems in a State 
        that exceed the requirements of a core deployment of 
        commercial vehicle information systems and networks, 
        improve safety and the productivity of commercial motor 
        vehicle operations, and enhance transportation 
        security.

[SEC. 4127. OUTREACH AND EDUCATION.

  [(a) In General.--The Secretary shall conduct, through any 
combination of grants, contracts, or cooperative agreements, an 
outreach and education program to be administered by the 
Federal Motor Carrier Safety Administration and the National 
Highway Traffic Safety Administration.
  [(b) Program Elements.--The program shall include, at a 
minimum, the following:
          [(1) A program to promote a more comprehensive and 
        national effort to educate commercial motor vehicle 
        drivers and passenger vehicle drivers about how 
        commercial motor vehicle drivers and passenger vehicle 
        drivers can more safely share the road with each other.
          [(2) A program to promote enhanced traffic 
        enforcement efforts aimed at reducing the incidence of 
        the most common unsafe driving behaviors that cause or 
        contribute to crashes involving commercial motor 
        vehicles and passenger vehicles.
          [(3) A program to establish a public-private 
        partnership to provide resources and expertise for the 
        development and dissemination of information relating 
        to sharing the road referred to in paragraphs (1) and 
        (2) to each partner's constituents and to the general 
        public through the use of brochures, videos, paid and 
        public advertisements, the Internet, and other media.
  [(c) Federal Share.--The Federal share of a program or 
activity for which a grant is made under this section shall be 
100 percent of the cost of such program or activity.
  [(d) Annual Report.--The Secretary shall prepare and transmit 
to Congress an annual report on the programs and activities 
carried out under this section. The final annual report shall 
be submitted not later than September 30, 2009.
  [(e) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $4,000,000 to the Federal Motor Carrier Safety 
Administration for each of fiscal years 2013 through 2015 and 
$316,940 to the Federal Motor Carrier Safety Administration for 
the period beginning on October 1, 2015, and ending on October 
29, 2015, to carry out this section (other than subsection 
(f)).
  [(f) Study.--The Comptroller General shall update the 
Government Accountability Office's evaluation of the ``Share 
the Road Safely'' program to determine if it has achieved 
reductions in the number and severity of commercial motor 
vehicle crashes, including reductions in the number of deaths 
and the severity of injuries sustained in these crashes and 
shall report its updated evaluation to Congress no later than 
June 30, 2006.

[SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM.

  [(a) In General.--The Secretary shall make grants to States 
for projects and activities to improve the accuracy, 
timeliness, and completeness of commercial motor vehicle safety 
data reported to the Secretary.
  [(b) Eligibility.--A State shall be eligible for a grant 
under this section in a fiscal year if the Secretary determines 
that the State has--
          [(1) conducted a comprehensive audit of its 
        commercial motor vehicle safety data system within the 
        preceding 2 years;
          [(2) developed a plan that identifies and prioritizes 
        its commercial motor vehicle safety data needs and 
        goals; and
          [(3) identified performance-based measures to 
        determine progress toward those goals.
  [(c) Federal Share.--The Federal share of a grant under this 
section shall be 80 percent of the cost of the activities for 
which the grant is made.
  [(d) Biennial Report.--Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the 
Secretary shall transmit to Congress a report on the activities 
and results of the program carried out under this section, 
together with any recommendations the Secretary determines 
appropriate.]

           *       *       *       *       *       *       *


SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.

  (a) Establishment.--The Secretary shall establish a grant 
program for persons to train operators of commercial motor 
vehicles (as defined in section 31301 of title 49, United 
States Code). The purpose of the program shall be to train 
operators and future operators in the safe use of such 
vehicles.
  (b) Federal Share.--The Federal share of the cost for which a 
grant is made under this section shall be 80 percent.
  [(c) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $1,000,000 for each of fiscal years 2005 through 
2015 and $79,235 for the period beginning on October 1, 2015, 
and ending on October 29, 2015, to carry out this section.]
  (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.
[Pursuant to subsections (e)(7) and (f) of section 5101 of H.R. 
3763 (as reported), section 4134 of SAFETEA-LU, as amended by 
other provisions of this bill and in effect on October 1, 2016, 
is repealed including the item relating to that section in the 
table of contents contained in section 1(b) of that Act.]

[SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.

  [(a) Establishment.--The Secretary shall establish a grant 
program for persons to train operators of commercial motor 
vehicles (as defined in section 31301 of title 49, United 
States Code). The purpose of the program shall be to train 
operators and future operators in the safe use of such 
vehicles.
  [(b) Federal Share.--The Federal share of the cost for which 
a grant is made under this section shall be 80 percent.
  [(c) Funding.--From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall 
make available $1,000,000 for each of fiscal years 2005 through 
2015 and $79,235 for the period beginning on October 1, 2015, 
and ending on October 29, 2015, to carry out this section.
  [(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.]

           *       *       *       *       *       *       *

                              ----------                              


                                 MAP-21

SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                    CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Moving Ahead 
for Progress in the 21st Century Act'' or the ``MAP-21''.

           *       *       *       *       *       *       *

  (c) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; organization of Act into divisions; table of 
          contents.
     * * * * * * *

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

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

     * * * * * * *
[Sec. 1117. State freight advisory committees.
[Sec. 1118. State freight plans.]
     * * * * * * *

              Subtitle C--Acceleration of Project Delivery

     * * * * * * *
[Sec. 1319. Accelerated decisionmaking in environmental reviews.]

           *       *       *       *       *       *       *


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

                     TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

           *       *       *       *       *       *       *


SEC. 1109. WORKFORCE DEVELOPMENT.

  (a) On-the-job Training.--Section 140(b) of title 23, United 
States Code, is amended--
          (1) in the second sentence, by striking ``Whenever 
        apportionments are made under section 104(b)(3) of this 
        title,'' and inserting ``From administrative funds made 
        available under section 104(a),''; and
          (2) in the [fourth] fifth sentence, by striking ``and 
        the bridge program under section 144''.
  (b) Disadvantaged Business Enterprise.--Section 140(c) of 
title 23, United States Code, is amended in the second sentence 
by striking ``Whenever apportionments are made under section 
104(b)(3),'' and inserting ``From administrative funds made 
available under section 104(a),''.

           *       *       *       *       *       *       *


[SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.

  [(a) In General.--The Secretary 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, 
shippers, carriers, freight-related associations, the freight 
industry workforce, the transportation department of the State, 
and local governments.
  [(b) Role of Committee.--A freight advisory committee of a 
State described in subsection (a) shall--
          [(1) advise the State on freight-related priorities, 
        issues, projects, and funding needs;
          [(2) serve as a forum for discussion for State 
        transportation decisions affecting freight mobility;
          [(3) communicate and coordinate regional priorities 
        with other organizations;
          [(4) promote the sharing of information between the 
        private and public sectors on freight issues; and
          [(5) participate in the development of the freight 
        plan of the State described in section 1118.

[SEC. 1118. STATE FREIGHT PLANS.

  [(a) In General.--The Secretary shall encourage each State to 
develop a freight plan that provides a comprehensive plan for 
the immediate and long-range planning activities and 
investments of the State with respect to freight.
  [(b) Plan Contents.--A freight plan described in subsection 
(a) shall include, at a minimum--
          [(1) an identification of significant freight system 
        trends, needs, and issues with respect to the State;
          [(2) a description of the freight policies, 
        strategies, and performance measures that will guide 
        the freight-related transportation investment decisions 
        of the State;
          [(3) a description of how the plan will improve the 
        ability of the State to meet the national freight goals 
        established under section 167 of title 23, United 
        States Code;
          [(4) evidence of consideration of innovative 
        technologies and operational strategies, including 
        intelligent transportation systems, that improve the 
        safety and efficiency of freight movement;
          [(5) in the case of routes on which travel by heavy 
        vehicles (including mining, agricultural, energy cargo 
        or equipment, and timber vehicles) is projected to 
        substantially deteriorate the condition of roadways, a 
        description of improvements that may be required to 
        reduce or impede the deterioration; and
          [(6) an inventory of facilities with freight mobility 
        issues, such as truck bottlenecks, within the State, 
        and a description of the strategies the State is 
        employing to address those freight mobility issues.
  [(c) Relationship to Long-range Plan.--A freight plan 
described in subsection (a) may be developed separate from or 
incorporated into the statewide strategic long-range 
transportation plan required by section 135 of title 23, United 
States Code.]

           *       *       *       *       *       *       *


SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

  (a) Definitions.--In this section:
          (1) Emergency or disaster.--The term ``emergency or 
        disaster'' means damage to a tribal transportation 
        facility that--
                  (A) renders the tribal transportation 
                facility impassable or unusable;
                  (B) is caused by--
                          (i) a natural disaster over a 
                        widespread area; or
                          (ii) a catastrophic failure from an 
                        external cause; and
                  (C) would be eligible under the emergency 
                relief program under section 125 of title 23, 
                United States Code, but does not meet the 
                funding thresholds required by that section.
          (2) List.--The term ``list'' means the funding 
        priority list developed under subsection (c)(5).
          (3) Program.--The term ``program'' means the Tribal 
        High Priority Projects program established under 
        subsection (b)(1).
          (4) Project.--The term ``project'' means a project 
        provided funds under the program.
  (b) Program.--
          (1) In general.--The Secretary shall use amounts made 
        available under subsection (h) to carry out a Tribal 
        High Priority Projects program under which funds shall 
        be provided to eligible applicants in accordance with 
        this section.
          (2) Eligible applicants.--Applicants eligible for 
        program funds under this section include--
                  (A) an Indian tribe whose annual allocation 
                of funding under section 202 of title 23, 
                United States Code, is insufficient to complete 
                the highest priority project of the Indian 
                tribe;
                  (B) a governmental subdivision of an Indian 
                tribe--
                          (i) that is authorized to administer 
                        the funding of the Indian tribe under 
                        section 202 of title 23, United States 
                        Code; and
                          (ii) for which the annual allocation 
                        under that section is insufficient to 
                        complete the highest priority project 
                        of the Indian tribe; or
                  (C) any Indian tribe that has an emergency or 
                disaster with respect to a transportation 
                facility included on the national inventory of 
                tribal transportation facilities under section 
                202(b)(1) of title 23, United States Code.
  (c) Project Applications; Funding.--
          (1) In general.--To apply for funds under this 
        section, an eligible applicant shall submit to the 
        Department of the Interior or the Department an 
        application that includes--
                  (A) project scope of work, including 
                deliverables, budget, and timeline;
                  (B) the amount of funds requested;
                  (C) project information addressing--
                          (i) the ranking criteria identified 
                        in paragraph (3); or
                          (ii) the nature of the emergency or 
                        disaster;
                  (D) documentation that the project meets the 
                definition of a tribal transportation facility 
                and is included in the national inventory of 
                tribal transportation facilities under section 
                202(b)(1) of title 23, United States Code;
                  (E) documentation of official tribal action 
                requesting the project;
                  (F) documentation from the Indian tribe 
                providing authority for the Secretary of the 
                Interior to place the project on a 
                transportation improvement program if the 
                project is selected and approved; and
                  (G) any other information the Secretary of 
                the Interior or Secretary considers appropriate 
                to make a determination.
          (2) Limitation on applications.--An applicant for 
        funds under the program may only have 1 application for 
        assistance under this section pending at any 1 time, 
        including any emergency or disaster application.
          (3) Application ranking.--
                  (A) In general.--The Secretary of the 
                Interior and the Secretary shall determine the 
                eligibility of, and fund, program applications, 
                subject to the availability of funds.
                  (B) Ranking criteria.--The project ranking 
                criteria for applications under this section 
                shall include--
                          (i) the existence of safety hazards 
                        with documented fatality and injury 
                        accidents;
                          (ii) the number of years since the 
                        Indian tribe last completed a 
                        construction project funded by section 
                        202 of title 23, United States Code;
                          (iii) the readiness of the Indian 
                        tribe to proceed to construction or 
                        bridge design need;
                          (iv) the percentage of project costs 
                        matched by funds that are not provided 
                        under section 202 of title 23, United 
                        States Code, with projects with a 
                        greater percentage of other sources of 
                        matching funds ranked ahead of lesser 
                        matches);
                          (v) the amount of funds requested, 
                        with requests for lesser amounts given 
                        greater priority;
                          (vi) the challenges caused by 
                        geographic isolation; and
                          (vii) all weather access for 
                        employment, commerce, health, safety, 
                        educational resources, or housing.
          (4) Project scoring matrix.--The project scoring 
        matrix established in the appendix to part 170 of title 
        25, Code of Regulations (as in effect on the date of 
        enactment of this Act) shall be used to rank all 
        applications accepted under this section.
          (5) Funding priority list.--
                  (A) In general.--The Secretary of the 
                Interior and the Secretary shall jointly 
                produce a funding priority list that ranks the 
                projects approved for funding under the 
                program.
                  (B) Limitation.--The number of projects on 
                the list shall be limited by the amount of 
                funding made available.
          (6) Timeline.--The Secretary of the Interior and the 
        Secretary shall--
                  (A) require applications for funding no 
                sooner than 60 days after funding is made 
                available pursuant to subsection (a);
                  (B) notify all applicants and Regions in 
                writing of acceptance of applications;
                  (C) rank all accepted applications in 
                accordance with the project scoring matrix, 
                develop the funding priority list, and return 
                unaccepted applications to the applicant with 
                an explanation of deficiencies;
                  (D) notify all accepted applicants of the 
                projects included on the funding priority list 
                no later than 180 days after the application 
                deadline has passed pursuant to subparagraph 
                (A); and
                  (E) distribute funds to successful 
                applicants.
  (d) Emergency or Disaster Project Applications.--
          (1) In general.--Notwithstanding subsection (c)(6), 
        an eligible applicant may submit an emergency or 
        disaster project application at any time during the 
        fiscal year.
          (2) Consideration as priority.--The Secretary shall--
                  (A) consider project applications submitted 
                under paragraph (1) to be a priority; and
                  (B) fund the project applications in 
                accordance with paragraph (3).
          (3) Funding.--
                  (A) In general.--If an eligible applicant 
                submits an application for a project under this 
                subsection before the issuance of the list 
                under subsection (c)(5) and the project is 
                determined to be eligible for program funds, 
                the Secretary of the Interior shall provide 
                funding for the project before providing 
                funding for other approved projects on the 
                list.
                  (B) Submission after issuance of list.--If an 
                eligible applicant submits an application under 
                this subsection after the issuance of the list 
                under subsection (c)(5) and the distribution of 
                program funds in accordance with the list, the 
                Secretary of the Interior shall provide funding 
                for the project on the date on which 
                unobligated funds provided to projects on the 
                list are returned to the Department of the 
                Interior.
                  (C) Effect on other projects.--If the 
                Secretary of the Interior uses funding 
                previously designated for a project on the list 
                to fund an emergency or disaster project under 
                this subsection, the project on the list that 
                did not receive funding as a result of the 
                redesignation of funds shall move to the top of 
                the list the following year.
          (4) Emergency or disaster project cost.--The cost of 
        a project submitted as an emergency or disaster under 
        this subsection shall be at least 10 percent of the 
        distribution of funds of the Indian tribe under section 
        202(b) of title 23, United States Code.
  (e) Limitation on Use of Funds.--Program funds shall not be 
used for--
          (1) transportation planning;
          (2) research;
          (3) routine maintenance activities;
          (4) structures and erosion protection unrelated to 
        transportation and roadways;
          (5) general reservation planning not involving 
        transportation;
          (6) landscaping and irrigation systems not involving 
        transportation programs and projects;
          (7) work performed on projects that are not included 
        on a transportation improvement program approved by the 
        Federal Highway Administration, unless otherwise 
        authorized by the Secretary of the Interior and the 
        Secretary;
          (8) the purchase of equipment unless otherwise 
        authorized by Federal law; or
          (9) the condemnation of land for recreational trails.
  (f) Limitation on Project Amounts.--Project funding shall be 
limited to a maximum of $1,000,000 per application, except that 
funding for disaster or emergency projects shall also be 
limited to the estimated cost of repairing damage to the tribal 
transportation facility.
  (g) Cost Estimate Certification.--All cost estimates prepared 
for a project shall be required to be submitted by the 
applicant to the Secretary of the Interior and the Secretary 
for certification and approval.
  (h) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated $30,000,000 out of the general fund of the 
        Treasury to carry out the program for each of [fiscal 
        years 2013 through 2015 and $2,377,049 out of the 
        general fund of the Treasury to carry out the program 
        for the period beginning on October 1, 2015, and ending 
        on October 29, 2015.] fiscal years 2016 through 2021.
          (2) Administration.--The funds made available under 
        paragraph (1) shall be administered in the same manner 
        as funds made available for the tribal transportation 
        program under section 202 of title 23, United States 
        Code, except that--
                  (A) the funds made available for the program 
                shall remain available until September 30 of 
                the third fiscal year after the year 
                appropriated; and
                  (B) the Federal share of the cost of a 
                project shall be 100 percent.

Subtitle B--Performance Management

           *       *       *       *       *       *       *


SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

  (a) In General.--[Section 150 of title 23, United States 
Code, is amended to read as follows] Title 23, United States 
Code, is amended by inserting after section 149 the following:

``SEC. 150. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

  ``(a) Declaration of Policy.--Performance management will 
transform the Federal-aid highway program and provide a means 
to the most efficient investment of Federal transportation 
funds by refocusing on national transportation goals, 
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking 
through performance-based planning and programming.
  ``(b) National Goals.--It is in the interest of the United 
States to focus the Federal-aid highway program on the 
following national goals:
          ``(1) Safety.--To achieve a significant reduction in 
        traffic fatalities and serious injuries on all public 
        roads.
          ``(2) Infrastructure condition.--To maintain the 
        highway infrastructure asset system in a state of good 
        repair.
          ``(3) Congestion reduction.--To achieve a significant 
        reduction in congestion on the National Highway System.
          ``(4) System reliability.--To improve the efficiency 
        of the surface transportation system.
          ``(5) Freight movement and economic vitality.--To 
        improve the national freight network, strengthen the 
        ability of rural communities to access national and 
        international trade markets, and support regional 
        economic development.
          ``(6) Environmental sustainability.--To enhance the 
        performance of the transportation system while 
        protecting and enhancing the natural environment.
          ``(7) Reduced project delivery delays.--To reduce 
        project costs, promote jobs and the economy, and 
        expedite the movement of people and goods by 
        accelerating project completion through eliminating 
        delays in the project development and delivery process, 
        including reducing regulatory burdens and improving 
        agencies' work practices.
  ``(c) Establishment of Performance Measures.--
          ``(1) In general.--Not later than 18 months after the 
        date of enactment of the MAP-21, the Secretary, in 
        consultation with State departments of transportation, 
        metropolitan planning organizations, and other 
        stakeholders, shall promulgate a rulemaking that 
        establishes performance measures and standards.
          ``(2) Administration.--In carrying out paragraph (1), 
        the Secretary shall--
                  ``(A) provide States, metropolitan planning 
                organizations, and other stakeholders not less 
                than 90 days to comment on any regulation 
                proposed by the Secretary under that paragraph;
                  ``(B) take into consideration any comments 
                relating to a proposed regulation received 
                during that comment period; and
                  ``(C) limit performance measures only to 
                those described in this subsection.
          ``(3) National highway performance program.--
                  ``(A) In general.--Subject to subparagraph 
                (B), for the purpose of carrying out section 
                119, the Secretary shall establish--
                          ``(i) minimum standards for States to 
                        use in developing and operating bridge 
                        and pavement management systems;
                          ``(ii) measures for States to use to 
                        assess--
                                  ``(I) the condition of 
                                pavements on the Interstate 
                                system;
                                  ``(II) the condition of 
                                pavements on the National 
                                Highway System (excluding the 
                                Interstate);
                                  ``(III) the condition of 
                                bridges on the National Highway 
                                System;
                                  ``(IV) the performance of the 
                                Interstate System; and
                                  ``(V) the performance of the 
                                National Highway System 
                                (excluding the Interstate 
                                System);
                          ``(iii) minimum levels for the 
                        condition of pavement on the Interstate 
                        System, only for the purposes of 
                        carrying out section 119(f)(1); and
                          ``(iv) the data elements that are 
                        necessary to collect and maintain 
                        standardized data to carry out a 
                        performance-based approach.
                  ``(B) Regions.--In establishing minimum 
                condition levels under subparagraph (A)(iii), 
                if the Secretary determines that various 
                geographic regions of the United States 
                experience disparate factors contributing to 
                the condition of pavement on the Interstate 
                System in those regions, the Secretary may 
                establish different minimum levels for each 
                region;
          ``(4) Highway safety improvement program.--For the 
        purpose of carrying out section 148, the Secretary 
        shall establish measures for States to use to assess--
                  ``(A) serious injuries and fatalities per 
                vehicle mile traveled; and
                  ``(B) the number of serious injuries and 
                fatalities.
          ``(5) Congestion mitigation and air quality 
        program.--For the purpose of carrying out section 149, 
        the Secretary shall establish measures for States to 
        use to assess--
                  ``(A) traffic congestion; and
                  ``(B) on-road mobile source emissions.
          ``(6) National freight movement.--The Secretary shall 
        establish measures for States to use to assess freight 
        movement on the Interstate System.
  ``(d) Establishment of Performance Targets.--
          ``(1) In general.--Not later than 1 year after the 
        Secretary has promulgated the final rulemaking under 
        subsection (c), each State shall set performance 
        targets that reflect the measures identified in 
        paragraphs (3), (4), (5), and (6) of subsection (c).
          ``(2) Different approaches for urban and rural 
        areas.--In the development and implementation of any 
        performance target, a State may, as appropriate, 
        provide for different performance targets for urbanized 
        and rural areas.
  ``(e) Reporting on Performance Targets.--Not later than 4 
years after the date of enactment of the MAP-21 and biennially 
thereafter, a State shall submit to the Secretary a report that 
describes--
          ``(1) the condition and performance of the National 
        Highway System in the State;
          ``(2) the effectiveness of the investment strategy 
        document in the State asset management plan for the 
        National Highway System;
          ``(3) progress in achieving performance targets 
        identified under subsection (d); and
          ``(4) the ways in which the State is addressing 
        congestion at freight bottlenecks, including those 
        identified in the National Freight Strategic Plan, 
        within the State.''.
  (b) Conforming Amendment.--The analysis for chapter 1 of 
title 23, United States Code, is amended [by striking the item 
relating to section 150 and inserting] by inserting after the 
item relating to section 149 the following:

``150. National goals and performance management measures.''.

              Subtitle C--Acceleration of Project Delivery

          * * * * * * *

SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

  (a) Program Name.--Section 327 of title 23, United States 
Code, is amended--
          [(1) in the section heading by striking ``PILOT''; 
        and]
          (1) in the section heading by striking ``pilot''; and
          (2) in subsection (a)(1) by striking ``pilot''.
  (b) Assumption of Responsibility.--Section 327(a)(2) of title 
23, United States Code, is amended--
          (1) in subparagraph (B)--
                  (A) in clause (i) by striking ``but''; and
                  (B) by striking clause (ii) and inserting the 
                following:
                          ``(ii) at the request of the State, 
                        the Secretary may also assign to the 
                        State, and the State may assume, the 
                        responsibilities of the Secretary with 
                        respect to 1 or more railroad, public 
                        transportation, or multimodal projects 
                        within the State under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          ``(iii) in a State that has assumed 
                        the responsibilities of the Secretary 
                        under clause (ii), a recipient of 
                        assistance under chapter 53 of title 49 
                        may request that the Secretary maintain 
                        the responsibilities of the Secretary 
                        with respect to 1 or more public 
                        transportation projects within the 
                        State under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 13 4321 
                        et seq.); but
                          ``(iv) the Secretary may not assign--
                                  ``(I) any responsibility 
                                imposed on the Secretary by 
                                section 134 or 135 or section 
                                5303 or 5304 of title 49; or
                                  ``(II) responsibility for any 
                                conformity determination 
                                required under section 176 of 
                                the Clean Air Act (42 U.S.C. 
                                7506).''; and
          (2) by adding at the end the following:
                  ``(F) Preservation of flexibility.--The 
                Secretary may not require a State, as a 
                condition of participation in the program, to 
                forego project delivery methods that are 
                otherwise permissible for projects.
                  ``(G) Legal fees.--A State assuming the 
                responsibilities of the Secretary under this 
                section for a specific project may use funds 
                apportioned to the State under section 
                104(b)(2) for attorneys' fees directly 
                attributable to eligible activities associated 
                with the project.''.
  (c) State Participation.--Section 327(b) of title 23, United 
States Code, is amended--
          (1) by striking paragraph (1) and inserting the 
        following:
          ``(1) Participating states.--All States are eligible 
        to participate in the program.''; and
          (2) in paragraph (2) by striking ``date of enactment 
        of this section, the Secretary shall promulgate'' and 
        inserting ``date on which amendments to this section by 
        the MAP-21 take effect, the Secretary shall amend, as 
        appropriate,''.
  (d) Written Agreement.--Section 327(c) of title 23, United 
States Code, is amended--
          (1) in paragraph (3)(D) by striking the period at the 
        end and inserting a semicolon; and
          (2) by adding at the end the following:
          ``(4) require the State to provide to the Secretary 
        any information the Secretary considers necessary to 
        ensure that the State is adequately carrying out the 
        responsibilities assigned to the State;
          ``(5) have a term of not more than 5 years; and
          ``(6) be renewable.''.
  (e) Conforming Amendment.--Section 327(e) of title 23, United 
States Code, is amended by striking ``subsection (i)'' and 
inserting ``subsection (j)''.
  (f) Audits.--Section 327(g)(1)(B) of title 23, United States 
Code, is amended by striking ``subsequent year'' and inserting 
``of the third and fourth years''.
  (g) Monitoring.--Section 327 of title 23, United States Code, 
is amended--
          (1) by redesignating subsections (h) and (i) as 
        subsections (i) and (j), respectively; and
          (2) by inserting after subsection (g) the following:
  ``(h) Monitoring.--After the fourth year of the participation 
of a State in the program, the Secretary shall monitor 
compliance by the State with the written agreement, including 
the provision by the State of financial resources to carry out 
the written agreement.''.
  (h) Termination.--Section 327(j) of title 23, United States 
Code (as so redesignated), is amended to read as follows:
  ``(j) Termination.--
          ``(1) Termination by the 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) notification of the 
                        determination of noncompliance; and
                          ``(ii) a period of at least 30 days 
                        during which to take such corrective 
                        action as the Secretary determines is 
                        necessary to comply with the applicable 
                        agreement; and
                  ``(C) the State, after the notification and 
                period provided under subparagraph (B), fails 
                to take satisfactory corrective action, as 
                determined by the Secretary.
          ``(2) Termination by the state.--The State may 
        terminate the participation of the State in the program 
        at any time by providing to the Secretary a notice by 
        not later than the date that is 90 days before the date 
        of termination, and subject to such terms and 
        conditions as the Secretary may provide.''.
  (i) Clerical Amendment.--The item relating to section 327 in 
the analysis of title 23, United States Code, is amended to 
read as follows:

``327. Surface transportation project delivery program.''.

SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL 
                    PROJECTS.

  (a) In General.--[Omitted--amends other law]
  (b) Conforming Amendment.--The item relating to section 304 
in the analysis for chapter 3 of title 49, United States Code, 
is amended to read as follows:.

``304. Application of categorical exclusions for multimodal projects. 
          ''.

          * * * * * * *

SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
                    ASSISTANCE.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary shall--*
          (1) designate as an action categorically excluded 
        from the requirements relating to environmental 
        assessments or environmental impact statements under 
        section 1508.4 of title 40, Code of Federal 
        Regulations, and section 771.117(c) of title 23, Code 
        of Federal Regulations, any project--
                  (A) that receives less than $5,000,000 (as 
                adjusted annually by the Secretary to reflect 
                any increases in the Consumer Price Index 
                prepared by the Department of Labor) of Federal 
                funds; or
                  (B) with a total estimated cost of not more 
                than $30,000,000 (as adjusted annually by the 
                Secretary to reflect any increases in the 
                Consumer Price Index prepared by the Department 
                of Labor) and Federal funds comprising less 
                than 15 percent of the total estimated project 
                cost; and
          (2) not later than 150 days after the date of 
        enactment of this Act, promulgate regulations to carry 
        out paragraph (1).
          * * * * * * *

[SEC. 1319. 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, or reasons that 
        support the position of the agency; and
          [(2) if appropriate, indicate the circumstances that 
        would trigger agency reappraisal or further response.
  [(b) Incorporation.--To the maximum extent practicable, the 
lead agency shall expeditiously develop a single document that 
consists of a final environmental impact statement and a record 
of decision, unless--
          [(1) the final environmental impact statement makes 
        substantial changes to the proposed action that are 
        relevant to environmental or safety concerns; or
          [(2) there are significant new circumstances or 
        information relevant to environmental concerns and that 
        bear on the proposed action or the impacts of the 
        proposed action.]
          * * * * * * *

                       Subtitle E--Miscellaneous

          * * * * * * *

SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.

  (a) In General.--Section 106 of title 23, United States Code, 
is amended--
          (1) in subsection (a)(2) by inserting ``recipient'' 
        before ``formalizing'';
          (2) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in the heading, by striking 
                        ``Non-interstate'';
                          (ii) by striking ``but not on the 
                        Interstate System''; and inserting ``, 
                        including projects on the Interstate 
                        System''; and
                          (iii) by striking ``of projects'' and 
                        all that follows through the period at 
                        the end and inserting ``with respect to 
                        the projects unless the Secretary 
                        determines that the assumption is not 
                        appropriate.''; and
                  (B) by striking paragraph (4) and inserting 
                the following:
          ``(4) Limitation on interstate projects.--
                  ``(A) In general.--The Secretary shall not 
                assign any responsibilities to a State for 
                projects the Secretary determines to be in a 
                high risk category, as defined under 
                subparagraph (B).
                  ``(B) High risk categories.--The Secretary 
                may define the high risk categories under this 
                subparagraph on a national basis, a State-by-
                State basis, or a national and State-by-State 
                basis, as determined to be appropriate by the 
                Secretary.'';
          (3) in subsection (e)--
                  (A) in paragraph (1)(A)--
                          (i) in the matter preceding clause 
                        (i)--
                                  (I) by striking ``concept'' 
                                and inserting ``planning''; and
                                  (II) by striking 
                                ``multidisciplined'' and 
                                inserting 
                                ``multidisciplinary''; and
                          (ii) by striking clause (i) and 
                        inserting the following:
                          ``(i) providing the needed functions 
                        safely, reliably, and at the lowest 
                        overall lifecycle cost;'';
                  (B) in paragraph (2)--
                          (i) in the matter preceding 
                        subparagraph (A) by striking ``or other 
                        cost-reduction analysis'';
                          (ii) in subparagraph (A)--
                                  (I) by striking ``Federal-aid 
                                system'' and inserting 
                                ``National Highway System 
                                receiving Federal assistance''; 
                                and
                                  (II) by striking 
                                ``$25,000,000'' and inserting 
                                ``$50,000,000''; and
                          (iii) in subparagraph (B)--
                                  (I) by inserting ``on the 
                                National Highway System 
                                receiving Federal assistance'' 
                                after ``a bridge project''; and
                                  (II) by striking 
                                ``$20,000,000'' and inserting 
                                ``$40,000,000''; and
                  (C) by striking paragraph (4) and inserting 
                the following:
          ``(4) Requirements.--
                  ``(A) Value engineering program.--The State 
                shall develop and carry out a value engineering 
                program that--
                          ``(i) establishes and documents value 
                        engineering program policies and 
                        procedures;
                          ``(ii) ensures that the required 
                        value engineering analysis is conducted 
                        before completing the final design of a 
                        project;
                          ``(iii) ensures that the value 
                        engineering analysis that is conducted, 
                        and the recommendations developed and 
                        implemented for each project, are 
                        documented in a final value engineering 
                        report; and
                          ``(iv) monitors, evaluates, and 
                        annually submits to the Secretary a 
                        report that describes the results of 
                        the value analyses that are conducted 
                        and the recommendations implemented for 
                        each of the projects described in 
                        paragraph (2) that are completed in the 
                        State.
                  ``(B) Bridge projects.--The value engineering 
                analysis for a bridge project under paragraph 
                (2) shall--
                          ``(i) include bridge superstructure 
                        and substructure requirements based on 
                        construction material; and
                          ``(ii) be evaluated by the State--
                                  ``(I) on engineering and 
                                economic bases, taking into 
                                consideration acceptable 
                                designs for bridges; and
                                  ``(II) using an analysis of 
                                lifecycle costs and duration of 
                                project construction.
          ``(5) Design-build projects.--A requirement to 
        provide a value engineering analysis under this 
        subsection shall not apply to a project delivered using 
        the design-build method of construction.'';
          (4) in subsection (h)--
                  (A) in paragraph (1)(B) by inserting ``, 
                including a phasing plan when applicable'' 
                after ``financial plan''; and
                  (B) by striking paragraph (3) and inserting 
                the following:
          ``(3) Financial plan.--A financial plan--
                  ``(A) shall be based on detailed estimates of 
                the cost to complete the project;
                  ``(B) shall provide for the annual submission 
                of updates to the Secretary that are based on 
                reasonable assumptions, as determined by the 
                Secretary, of future increases in the cost to 
                complete the project;
                  ``(C) may include a phasing plan that 
                identifies fundable incremental improvements or 
                phases that will address the purpose and the 
                need of the project in the short term in the 
                event there are insufficient financial 
                resources to complete the entire project. If a 
                phasing plan is adopted for a project pursuant 
                to this section, the project shall be deemed to 
                satisfy the fiscal constraint requirements in 
                the statewide and metropolitan planning 
                requirements in sections 134 and 135; and
                  ``(D) shall assess the appropriateness of a 
                public-private partnership to deliver the 
                project.''; and
          (5) by adding at the end the following:
  ``(j) Use of Advanced Modeling Technologies.--
          ``(1) Definition of advanced modeling technology.--In 
        this subsection, the term `advanced modeling 
        technology' means an available or developing 
        technology, including 3-dimensional digital modeling, 
        that can--
                  ``(A) accelerate and improve the 
                environmental review process;
                  ``(B) increase effective public 
                participation;
                  ``(C) enhance the detail and accuracy of 
                project designs;
                  ``(D) increase safety;
                  ``(E) accelerate construction, and reduce 
                construction costs; or
                  ``(F) otherwise expedite project delivery 
                with respect to transportation projects that 
                receive Federal funding.
          ``(2) Program.--With respect to transportation 
        projects that receive Federal funding, the Secretary 
        shall encourage the use of advanced modeling 
        technologies during environmental, planning, financial 
        management, design, simulation, and construction 
        processes of the projects.
          ``(3) Activities.--In carrying out paragraph (2), the 
        Secretary shall--
                  ``(A) compile information relating to 
                advanced modeling technologies, including 
                industry best practices with respect to the use 
                of the technologies;
                  ``(B) disseminate to States information 
                relating to advanced modeling technologies, 
                including industry best practices with respect 
                to the use of the technologies; and
                  ``(C) promote the use of advanced modeling 
                technologies.
          ``(4) Comprehensive plan.--The Secretary shall 
        develop and publish on the public website of the 
        Department of Transportation a detailed and 
        comprehensive plan for the implementation of paragraph 
        (2).''.
  (b) Review of Oversight Program.--
          (1) In general.--The Secretary shall review the 
        oversight program established under section 106(g) of 
        title 23, United States Code, to determine the efficacy 
        of the program in monitoring the effective and 
        efficient use of funds authorized to carry out title 
        23, United States Code.
          (2) Minimum requirements for review.--At a minimum, 
        the review under paragraph (1) shall assess the 
        capability of the program to--
                  (A) identify projects funded under title 23, 
                United States Code, for which there are cost or 
                schedule overruns; and
                  (B) evaluate the extent of such overruns.
          (3) Report to congress.--Not later than 2 years 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 Environment and Public Works of the Senate 
        a report on the results of the review conducted under 
        paragraph (1), which shall include recommendations for 
        legislative changes to improve the oversight program 
        established under section 106(g) of title 23, United 
        States Code.
  [(c) Transparency and Accountability.--
          [(1) Data collection.--The Secretary shall compile 
        and make available on the public website of the 
        Department of Transportation the annual expenditure 
        data for funds made available under title 23 and 
        chapter 53 of title 49, United States Code.
          [(2) Requirements.--In carrying out paragraph (1), 
        the Secretary shall ensure that the data made available 
        on the public website of the Department of 
        Transportation--
                  [(A) is organized by project and State;
                  [(B) to the maximum extent practicable, is 
                updated regularly to reflect the current status 
                of obligations, expenditures, and Federal-aid 
                projects; and
                  [(C) can be searched and downloaded by users 
                of the website.
          [(3) Report to congress.--The Secretary shall 
        annually submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate a report containing a summary of the data 
        described in paragraph (1) for the 1-year period ending 
        on the date on which the report is submitted.]
          * * * * * * *

SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.

  (a) Consolidation of Programs.--[From administrative funds 
made available under section 104(a) of title 23, United States 
Code, not less than $3,000,000 for each of fiscal years 2013 
and 2014 shall be made available] For each of fiscal years 2016 
through 2021, before making an apportionment under section 
104(b)(3) of title 23, United States Code, the Secretary shall 
set aside, from amounts made available to carry out the highway 
safety improvement program under section 148 of such title for 
the fiscal year, $3,500,000--
          (1) to carry out safety-related activities, 
        including--
                  (A) to carry out the operation lifesaver 
                program--
                          (i) to provide public information and 
                        education programs to help prevent and 
                        reduce motor vehicle accidents, 
                        injuries, and fatalities; and
                          (ii) to improve driver performance at 
                        railway-highway crossings; and
                  (B) to provide work zone safety grants in 
                accordance with subsections (a) and (b) of 
                section 1409 of the SAFETEA-LU (23 U.S.C. 401 
                note; 119 Stat. 1232); and
          (2) to operate authorized safety-related 
        clearinghouses, including--
                  (A) the national work zone safety information 
                clearinghouse authorized by section 358(b)(2) 
                of the National Highway System Designation Act 
                of 1995 (23 U.S.C. 401 note; 109 Stat. 625); 
                and
                  (B) a public road safety clearinghouse in 
                accordance with section 1411(a) of the SAFETEA-
                LU (23 U.S.C. 402 note; 119 Stat. 1234).
  (b) Repeals.--
          (1) Title 23.--
                  (A) In general.--Sections 105, 110, 117, 124, 
                151, 155, 157, 160, 212, 216, 303, and 309 of 
                title 23, United States Code, are repealed.
                  (B) Set asides.--Section 118 of title 23, 
                United States Code, is amended--
                          (i) by striking subsection (c); and
                          (ii) by redesignating subsections (d) 
                        and (e) as subsections (c) and (d), 
                        respectively.
          (2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803, 
        1804, 1907, and 1958 of SAFETEA-LU (Public Law 109-59) 
        are repealed.
          (3) Additional.--Section 1132 of the Energy 
        Independence and Security Act of 2007 (Public Law 110-
        140; 121 Stat. 1763) is repealed.
  (c) Conforming Amendments.--
          (1) Title analysis.--
                  (A) Chapter 1.--The analysis for chapter 1 of 
                title 23, United States Code, is amended by 
                striking the items relating to sections 105, 
                110, 117, 124, 151, 155, 157, and 160.
                  (B) Chapter 2.--The analysis for chapter 2 of 
                title 23, United States Code, is amended by 
                striking the items relating to sections 212 and 
                216.
                  (C) Chapter 3.--The analysis for chapter 3 of 
                title 23, United States Code, is amended by 
                striking the items relating to sections 303 and 
                309.
          (2) Table of contents.--The table of contents 
        contained in section 1(b) of SAFETEA-LU (Public Law 
        109-59; 119 Stat. 1144) is amended by striking the 
        items relating to sections 1302, 1305, 1306, 1803, 
        1804, 1907, and 1958.
          [(3) Section 104.--Section 104(e) of title 23, United 
        States Code, is amended by striking ``, 105,''.]
          [(4)] (3) Section 109.--Section 109(q) of title 23, 
        United States Code, is amended by striking ``in 
        accordance with section 303 or''.
          [(5)] (4) Section 118.--Section 118(b) of title 23, 
        United States Code, is amended--
                  (A) by striking paragraph (1) and all that 
                follows through the heading of paragraph (2); 
                and
                  (B) by striking ``(other than for Interstate 
                construction)''.
          [(6)] (5) Section 130.--Section 130 of title 23, 
        United States Code, is amended--
                  (A) in subsection (e) by striking ``section 
                104(b)(5)'' and inserting ``section 
                104(b)(3)'';
                  (B) in subsection (f)(1) by inserting ``as in 
                effect on the day before the date of enactment 
                of the MAP-21'' after ``section 104(b)(3)(A)''; 
                and
                  (C) in subsection (l) by striking paragraphs 
                (3) and (4).
          [(7)] (6) Section 131.--Section 131(m) of title 23, 
        United States Code, is amended by striking ``Subject to 
        approval by the Secretary in accordance with the 
        program of projects approval process of section 105, a 
        State'' and inserting ``A State''.
          [(8)] (7) Section 133.--Paragraph (13) of section 
        133(b) of title 23, United States Code (as amended by 
        section 1108(a)(3)), is amended by striking ``under 
        section 303[.]''.
          [(9)] (8) Section 142.--Section 142 of title 23, 
        United States Code, is amended--
                  (A) in subsection (a)--
                          (i) in paragraph (1)--
                                  (I) by striking ``motor 
                                vehicles (other [than rail] 
                                than on rail)'' and inserting 
                                ``buses'';
                                  (II) by striking ``(hereafter 
                                in this section referred to 
                                as`buses')'';
                                  (III) by striking ``Federal-
                                aid systems'' and inserting 
                                ``Federal-aid highways''; and
                                  (IV) by striking ``Federal-
                                aid system'' and inserting 
                                ``Federal-aid highway''; and
                          (ii) in paragraph (2)--
                                  (I) by striking ``as a 
                                project on the the surface 
                                transportation program for''; 
                                and
                                  (II) by striking ``section 
                                104(b)(3)'' and inserting 
                                ``section 104(b)(2)'';
                  (B) in subsection (b) by striking 
                ``104(b)(4)'' and inserting ``104(b)(1)'';
                  (C) in subsection (c)--
                          (i) by striking ``system'' in each 
                        place it appears and inserting 
                        ``highway''; and
                          (ii) by striking ``highway 
                        facilities'' and inserting ``highways 
                        eligible under the program that is the 
                        source of the funds'';
                  (D) in subsection (e)(2) by striking 
                ``Notwithstanding section 209(f)(1) of the 
                Highway Revenue Act of 1956, the Highway Trust 
                Fund shall be available for making expenditures 
                to meet obligations resulting from projects 
                authorized by subsection (a)(2) of this section 
                and such projects'' and inserting ``Projects 
                authorized by subsection (a)(2)''; and
                  (E) in subsection (f) by striking ``exits'' 
                and inserting ``exists''.
          [(10)] (9) Section 145.--Section 145(b) of title 23, 
        United States Code, is amended by striking ``section 
        117 of this title,''.
          [(11)] (10) Section 218.--Section 218 of title 23, 
        United States Code, is amended--
                  (A) in subsection (a)--
                          (i) by striking the first two 
                        sentences;
                          (ii) in the third sentence--
                                  (I) by striking ``, in 
                                addition to such funds,''; and
                                  (II) by striking ``such 
                                highway or'';
                          (iii) by striking the fourth sentence 
                        and fifth sentences;
                  (B) by striking subsection (b); and
                  (C) by redesignating subsection (c) as 
                subsection (b).
          [(12)] (11) Section 610.--Section 610(d)(1)(B) of 
        title 23, United States Code, is amended by striking 
        ``under section 105''.
          * * * * * * *

SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

  (a) Sense of the Senate.--It is the Sense of the Senate that 
the timely completion of the Appalachian development highway 
system is a transportation priority in the national interest.
  (b) Modified Federal Share for Projects on ADHS.--For fiscal 
years 2012 through 2021, the Federal share payable for the cost 
of constructing highways and access roads on the Appalachian 
development highway system under section 14501 of title 40, 
United States Code, with funds made available to a State for 
fiscal year 2012 or a previous fiscal year for the Appalachian 
development highway system program, or with funds made 
available for fiscal year 2012 or a previous fiscal year for a 
specific project, route, or corridor on that system, shall be 
100 percent (or a lower percentage if so requested by a State 
with respect to a project).
  (c) Federal Share for Other Funds Used on ADHS.--For fiscal 
years 2012 through 2021, the Federal share payable for the cost 
of constructing highways and access roads on the Appalachian 
development highway system under section 14501 of title 40, 
United States Code, with Federal funds apportioned to a State 
for a program other than the Appalachian development highway 
system program shall be 100 percent (or a lower percentage if 
so requested by a State with respect to a project).
  (d) Completion Plan.--
          (1) In general.--Subject to paragraph (2), not later 
        than 1 year after the date of enactment of the MAP-21, 
        each State represented on the Appalachian Regional 
        Commission shall establish a plan for the completion of 
        the designated corridors of the Appalachian development 
        highway system within the State, including annual 
        performance targets, with a target completion date.
          (2) Significant uncompleted miles.--If the percentage 
        of remaining Appalachian development highway system 
        needs for a State, according to the latest cost to 
        complete estimate for the Appalachian development 
        highway system, is greater than 15 percent of the total 
        cost to complete estimate for the entire Appalachian 
        development highway system, the State shall not 
        establish a plan under paragraph (1) that would result 
        in a reduction of obligated funds for the Appalachian 
        development highway system within the State for any 
        subsequent fiscal year.
          * * * * * * *

  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

          * * * * * * *

   TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

          * * * * * * *

           Subtitle A--Commercial Motor Vehicle Registration

          * * * * * * *

SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION.

  (a) Penalties.--Section 14901(a) is amended--
          (1) by striking ``$500'' and inserting ``$1,000'';
          (2) by striking ``who is not registered under this 
        part to provide transportation of passengers,'';
          (3) by striking ``with respect to providing 
        transportation of passengers,'' and inserting ``or 
        section 13902(c) of this title,''; and
          (4) by striking ``$2,000 for each violation and for 
        each additional day the violation continues'' and 
        inserting ``$10,000 for each violation, or $25,000 for 
        each violation relating to providing transportation of 
        passengers''.
  (b) Transportation of Hazardous Wastes.--Section 14901(b) is 
amended by striking ``not to exceed $20,000'' and inserting 
``not less than $20,000, but not to exceed $40,000''.
          * * * * * * *

                       Subtitle C--Driver Safety

SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES.

  (a) Hours of Service Study.--
          (1) Field study.--
                  (A) In general.--Not later than March 31, 
                2013, the Secretary shall complete a field 
                study on the efficacy of the restart rule 
                published on December 27, 2011 (in this section 
                referred to as the ``2011 restart rule''), 
                applicable to operators of commercial motor 
                vehicles of property subject to maximum driving 
                time requirements of the Secretary.
                  (B) Requirement.--The field study shall 
                expand upon the results of the laboratory-based 
                study relating to commercial motor vehicle 
                driver fatigue sponsored by the Federal Motor 
                Carrier Safety Administration presented in the 
                report of December 2010 titled ``Investigation 
                into Motor Carrier Practices to Achieve Optimal 
                Commercial Motor Vehicle Driver Performance: 
                Phase I''.
                  (C) Criteria.--In conducting the field study, 
                the Secretary shall ensure that--
                          (i) the methodology for the field 
                        study is consistent, to the maximum 
                        extent possible, with the laboratory-
                        based study methodology;
                          (ii) the data collected is 
                        representative of the drivers and motor 
                        carriers regulated by the hours of 
                        service regulations, including those 
                        drivers and carriers affected by the 
                        maximum driving time requirements;
                          (iii) the analysis is statistically 
                        valid; and
                          (iv) the field study follows the plan 
                        for the ``Scheduling and Fatigue 
                        Recovery Project'' developed by the 
                        Federal Motor Carrier Safety 
                        Administration.
                  (D) Report to congress.--Not later than 
                September 30, 2013, 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 detailing 
                the results of the field study.
  (b) General Authority.--Section 31137 is amended--
          (1) by amending the section heading to read as 
        follows:

``SEC. 31137. ELECTRONIC LOGGING DEVICES AND BRAKE MAINTENANCE 
                    REGULATIONS'';

          (2) by redesignating subsection (b) as subsection 
        (g); and
          (3) [by amending (a) to read as follows:] by striking 
        subsection (a) and inserting the following:
  ``(a) Use of Electronic Logging Devices.--Not later than 1 
year after the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2012, the Secretary of 
Transportation shall prescribe regulations--
          ``(1) requiring a commercial motor vehicle involved 
        in interstate commerce and operated by a driver subject 
        to the hours of service and the record of duty status 
        requirements under part 395 of title 49, Code of 
        Federal Regulations, be equipped with an electronic 
        logging device to improve compliance by an operator of 
        a vehicle with hours of service regulations prescribed 
        by the Secretary; and
          ``(2) ensuring that an electronic logging device is 
        not used to harass a vehicle operator.
  ``(b) Electronic Logging Device Requirements.--
          ``(1) In general.--The regulations prescribed under 
        subsection (a) shall--
                  ``(A) require an electronic logging device--
                          ``(i) to accurately record commercial 
                        driver hours of service;
                          ``(ii) to record the location of a 
                        commercial motor vehicle;
                          ``(iii) to be tamper resistant; and
                          ``(iv) to be synchronized to the 
                        operation of the vehicle engine or be 
                        capable of recognizing when the vehicle 
                        is being operated;
                  ``(B) allow law enforcement to access the 
                data contained in the device during a roadside 
                inspection; and
                  ``(C) apply to a commercial motor vehicle 
                beginning on the date that is 2 years after the 
                date that the regulations are published as a 
                final rule.
          ``(2) Performance and design standards.--The 
        regulations prescribed under subsection (a) shall 
        establish performance standards--
                  ``(A) defining a standardized user interface 
                to aid vehicle operator compliance and law 
                enforcement review;
                  ``(B) establishing a secure process for 
                standardized--
                          ``(i) and unique vehicle operator 
                        identification;
                          ``(ii) data access;
                          ``(iii) data transfer for vehicle 
                        operators between motor vehicles;
                          ``(iv) data storage for a motor 
                        carrier; and
                          ``(v) data transfer and 
                        transportability for law enforcement 
                        officials;
                  ``(C) establishing a standard security level 
                for an electronic logging device and related 
                components to be tamper resistant by using a 
                methodology endorsed by a nationally recognized 
                standards organization; and
                  ``(D) identifying each driver subject to the 
                hours of service and record of duty status 
                requirements under part 395 of title 49, Code 
                of Federal Regulations.
  ``(c) Certification Criteria.--
          ``(1) In general.--The regulations prescribed by the 
        Secretary under this section shall establish the 
        criteria and a process for the certification of 
        electronic logging devices to ensure that the device 
        meets the performance requirements under this section.
          ``(2) Effect of noncertification.--Electronic logging 
        devices that are not certified in accordance with the 
        certification process referred to in paragraph (1) 
        shall not be acceptable evidence of hours of service 
        and record of duty status requirements under part 395 
        of title 49, Code of Federal Regulations.
  ``(d) Additional Considerations.--The Secretary, in 
prescribing the regulations described in subsection (a), shall 
consider how such regulations may--
          ``(1) reduce or eliminate requirements for drivers 
        and motor carriers to retain supporting documentation 
        associated with paper-based records of duty status if--
                  ``(A) data contained in an electronic logging 
                device supplants such documentation; and
                  ``(B) using such data without paper-based 
                records does not diminish the Secretary's 
                ability to audit and review compliance with the 
                Secretary's hours of service regulations; and
          ``(2) include such measures as the Secretary 
        determines are necessary to protect the privacy of each 
        individual whose personal data is contained in an 
        electronic logging device.
  ``(e) Use of Data.--
          ``(1) In general.--The Secretary may utilize 
        information contained in an electronic logging device 
        only to enforce the Secretary's motor carrier safety 
        and related regulations, including record-of-duty 
        status regulations.
          ``(2) Measures to preserve confidentiality of 
        personal data.--The Secretary shall institute 
        appropriate measures to preserve the confidentiality of 
        any personal data contained in an electronic logging 
        device and disclosed in the course of an action taken 
        by the Secretary or by law enforcement officials to 
        enforce the regulations referred to in paragraph (1).
          ``(3) Enforcement.--The Secretary shall institute 
        appropriate measures to ensure any information 
        collected by electronic logging devices is used by 
        enforcement personnel only for the purpose of 
        determining compliance with hours of service 
        requirements.
  ``(f) Definitions.--In this section:
          ``(1) Electronic logging device.--The term 
        `electronic logging device' means an electronic device 
        that--
                  ``(A) is capable of recording a driver's 
                hours of service and duty status accurately and 
                automatically; and
                  ``(B) meets the requirements established by 
                the Secretary through regulation.
          ``(2) Tamper resistant.--The term `tamper resistant' 
        means resistant to allowing any individual to cause an 
        electronic device to record the incorrect date, time, 
        and location for changes to on-duty driving status of a 
        commercial motor vehicle operator under part 395 of 
        title 49, Code of Federal Regulations, or to 
        subsequently alter the record created by that 
        device.''.
  (c) Civil Penalties.--Section 30165(a)(1) is amended by 
striking ``or 30141 through 30147'' and inserting ``30141 
through 30147, or 31137''.
  (d) Conforming Amendment.--The analysis for chapter 311 is 
amended by striking the item relating to section 31137 and 
inserting the following:

``31137. Electronic logging devices and brake maintenance 
          regulations.''.

SEC. 32302. DRIVER MEDICAL QUALIFICATIONS.

  (a) Deadline for Establishment of National Registry of 
Medical Examiners.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a national 
registry of medical examiners in accordance with section 
31149(d)(1) of title 49, United States Code.
  (b) Examination Requirement for National Registry of Medical 
Examiners.--Section 31149(c)(1)(D) is amended to read as 
follows:
                  ``(D) not later than 1 year after enactment 
                of the Commercial Motor Vehicle Safety 
                Enhancement Act of 2012, develop requirements 
                for a medical examiner to be listed in the 
                national registry under this section, 
                including--
                          ``(i) the completion of specific 
                        courses and materials;
                          ``(ii) certification, including, at a 
                        minimum, self-certification, if the 
                        Secretary determines that self-
                        certification is necessary for 
                        sufficient participation in the 
                        national registry, to verify that a 
                        medical examiner completed specific 
                        training, including refresher courses, 
                        that the Secretary determines necessary 
                        to be listed in the national registry;
                          ``(iii) an examination that requires 
                        a passing grade; and
                          ``(iv) demonstration of a medical 
                        examiner's willingness to meet the 
                        reporting requirements established by 
                        the Secretary;''.
  (c) Additional Oversight of Licensing Authorities.--
          (1) In general.--Section 31149(c)(1) is amended--
                  (A) by amending subparagraph (E) to read as 
                follows:
                  ``(E) require medical examiners to transmit 
                electronically, on a monthly basis, the name of 
                the applicant, a numerical identifier, and 
                additional information contained on the medical 
                examiner's certificate for any completed 
                medical examination report required under 
                section 391.43 of title 49, Code of Federal 
                Regulations, to the chief medical examiner;'';
                  (B) in subparagraph (F), by striking the 
                period at the end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(G) annually review the implementation of 
                commercial driver's license requirements by not 
                fewer than 10 States to assess the accuracy, 
                validity, and timeliness of--
                          ``(i) the submission of physical 
                        examination reports and medical 
                        certificates to State licensing 
                        agencies; and
                          ``(ii) the processing of the 
                        submissions by State licensing 
                        agencies.''.
          (2) Internal oversight policy.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of this Act, the 
                Secretary shall establish an oversight policy 
                and procedure to carry out section 
                31149(c)(1)(G) of title 49, United States Code, 
                as added by section 32302(c)(1) of this Act.
                  (B) Effective date.--The amendments made by 
                [section 32303(c)(1)] section 32302(c)(1) of 
                this Act shall take effect on the date the 
                oversight policies and procedures are 
                established pursuant to subparagraph (A).
  (d) Electronic Filing of Medical Examination Certificates.--
Section 31311(a), as amended by sections 32203(b) and 32305(b) 
of this Act, is amended by adding at the end the following:
          ``(25) Not later than 5 years after the date of 
        enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2012, the State shall establish and 
        maintain, as part of its driver information system, the 
        capability to receive an electronic copy of a medical 
        examiner's certificate, from a certified medical 
        examiner, for each holder of a commercial driver's 
        license issued by the State who operates or intends to 
        operate in interstate commerce.''.
  (e) Funding.--The Secretary is authorized to utilize funds 
provided under section 4101(c)(1) of SAFETEA-LU (119 Stat. 
1715) to support development of costs of the information 
technology needed to carry out section 31311(a)(25) of title 
49, United States Code.
          * * * * * * *

                       Subtitle I--Miscellaneous

          * * * * * * *

                PART II--HOUSEHOLD GOODS TRANSPORTATION

SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS 
                    MOTOR CARRIERS.

  (a) Section 13902(a)(2) is amended--
          (1) in subparagraph (B), by striking ``section 
        13702(c);'' and inserting ``section 13702(c); and'';
          (2) by amending subparagraph (C) to read as follows:
                  ``(C) demonstrates, before being registered, 
                through successful completion of a proficiency 
                examination established by the Secretary, 
                knowledge and intent to comply with applicable 
                Federal laws relating to consumer protection, 
                estimating, consumers' rights and 
                responsibilities, and options for limitations 
                of liability for loss and damage.''; and
          (3) by striking subparagraph (D).
  (b) Compliance Reviews of New Household Goods Motor 
Carriers.--Section 31144(g), as amended by section 32102 of 
this Act, is amended by adding at the end the following:
          ``(6) Additional requirements for household goods 
        motor carriers.--[(A) In addition]
                  (A) In general._In addition to the 
                requirements of this subsection, the Secretary 
                shall require, by regulation, each registered 
                household goods motor carrier to undergo a 
                consumer protection standards review not later 
                than 18 months after the household goods motor 
                carrier begins operations under such authority.
                  ``(B) Elements.--In the regulations issued 
                pursuant to subparagraph (A), the Secretary 
                shall establish the elements of the consumer 
                protections standards review, including basic 
                management controls. In establishing the 
                elements, the Secretary shall consider the 
                effects on small businesses and shall consider 
                establishing alternate locations where such 
                reviews may be conducted for the convenience of 
                small businesses.''.
  (c) Effective Date.--The amendments made by this section 
shall take effect 2 years after the date of enactment of this 
Act.
          * * * * * * *

                     PART III--TECHNICAL AMENDMENTS

SEC. 32931. UPDATE OF OBSOLETE TEXT.

  (a) Section 31137(g), as redesignated by section 32301 of 
this Act, is amended by striking ``Not later than December 1, 
1990, the Secretary shall prescribe'' and inserting ``The 
Secretary shall maintain''.
  (b) Section 31151(a) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) In general.--The Secretary of Transportation 
        shall maintain a program to ensure that intermodal 
        equipment used to transport intermodal containers is 
        safe and systematically maintained.''; and
          (2) by striking paragraph (4).
  (c) Section 31307(b) is amended by striking ``Not later than 
December 18, 1994, the [Secretary] Secretary of Transportation 
shall prescribe'' and inserting ``The [Secretary] Secretary of 
Transportation shall maintain''.
  (d) Section 31310(g)(1) is amended by striking ``Not later 
than 1 year after the date of enactment of this Act, the'' and 
inserting ``The''.
          * * * * * * *

SEC. 32934. EXEMPTIONS FROM REQUIREMENTS FOR COVERED FARM VEHICLES.

  (a) Federal Requirements.--A covered farm vehicle, including 
the individual operating that vehicle, shall be exempt from the 
following:
          (1) Any requirement relating to commercial driver's 
        licenses established under chapter 313 of title 49, 
        United States Code.
          (2) Any requirement relating to drug-testing 
        established under chapter 313 of title 49, United 
        States Code.
          (3) Any requirement relating to medical certificates 
        established under--
                  (A) subchapter III of chapter 311 of title 
                49, United States Code; or
                  (B) chapter 313 of title 49, United States 
                Code.
          (4) Any requirement relating to hours of service 
        established under--
                  (A) subchapter III of chapter 311 of title 
                49, United States Code; or
                  (B) chapter 315 of title 49, United States 
                Code.
          (5) Any requirement relating to vehicle inspection, 
        repair, and maintenance established under--
                  (A) subchapter III of chapter 311 of title 
                49, United States Code; or
                  (B) chapter 315 of title 49, United States 
                Code.
  (b) State Requirements.--
          (1) In general.--Federal transportation funding to a 
        State may not be terminated, limited, or otherwise 
        interfered with as a result of the State exempting a 
        covered farm vehicle, including the individual 
        operating that vehicle, [from any State requirement 
        relating to the operation of that vehicle.] 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.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to a covered farm vehicle transporting 
        hazardous materials that require a placard.
  (c) Covered Farm Vehicle Defined.--
          (1) In general.--In this section, the term ``covered 
        farm vehicle'' means a motor vehicle (including an 
        articulated motor vehicle)--
                  (A) that--
                          (i) is traveling in the State in 
                        which the vehicle is registered or 
                        another State;
                          (ii) is operated by--
                                  (I) a farm owner or operator;
                                  (II) a ranch owner or 
                                operator; or
                                  (III) an employee or family 
                                member of an individual 
                                specified in subclause (I) or 
                                (II);
                          (iii) is transporting to or from a 
                        farm or ranch--
                                  (I) agricultural commodities;
                                  (II) livestock; or
                                  (III) machinery or supplies;
                          (iv) except as provided in paragraph 
                        (2), is not used in the operations of a 
                        for-hire motor carrier; and
                          (v) is equipped with a special 
                        license plate or other designation by 
                        the State in which the vehicle is 
                        registered to allow for identification 
                        of the vehicle as a farm vehicle by law 
                        enforcement personnel; and
                  (B) that has a gross vehicle weight rating or 
                gross vehicle weight, whichever is greater, 
                that is--
                          (i) 26,001 pounds or less; or
                          (ii) greater than 26,001 pounds and 
                        traveling within the State or within 
                        150 air miles of the farm or ranch with 
                        respect to which the vehicle is being 
                        operated.
          (2) Inclusion.--In this section, the term ``covered 
        farm vehicle'' includes a motor vehicle that meets the 
        requirements of paragraph (1) (other than paragraph 
        (1)(A)(iv)) and--
                  (A) is operated pursuant to a crop share farm 
                lease agreement;
                  (B) is owned by a tenant with respect to that 
                agreement; and
                  (C) is transporting the landlord's portion of 
                the crops under that agreement.
  (d) Safety Study.--The Secretary of Transportation shall 
conduct a study of the exemption required by subsection (a) as 
follows:
          (1) Data and analysis of covered farm vehicles shall 
        include--
                  (A) the number of vehicles that are operated 
                subject to each of the regulatory exemptions 
                permitted under subsection (a);
                  (B) the number of drivers that operate 
                covered farm vehicles subject to each of the 
                regulatory exemptions permitted under 
                subsection (a);
                  (C) the number of crashes involving covered 
                farm vehicles;
                  (D) the number of occupants and non-occupants 
                injured in crashes involving covered farm 
                vehicles;
                  (E) the number of fatalities of occupants and 
                non-occupants killed in crashes involving farm 
                vehicles;
                  (F) crash investigations and accident 
                reconstruction investigations of all fatalities 
                in crashes involving covered farm vehicles;
                  (G) overall operating mileage of covered farm 
                vehicles;
                  (H) numbers of covered farm vehicles that 
                operate in neighboring States; and
                  (I) any other data the Secretary deems 
                necessary to analyze and include.
          (2) A listing of State regulations issued and 
        maintained in each State that are identical to the 
        Federal regulations that are subject to exemption in 
        subsection (a).
          (3) The Secretary shall report the findings of the 
        study to the appropriate committees of Congress not 
        later than 18 months after the date of enactment of 
        this Act.
  (e) Construction.--Nothing in this section shall be construed 
as authority for the Secretary of Transportation to prescribe 
regulations.
          * * * * * * *
                              ----------                              


                      TITLE 49, UNITED STATES CODE


 Subtitle                                                           Sec.
     * * * * * * *
      [Transferred]....................................................]
70101ultimodal Freight Transportation.................................

           *       *       *       *       *       *       *


SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


                        CHAPTER 1--ORGANIZATION

Sec.
101. Purpose.
     * * * * * * *
[112. Office of the Assistant Secretary for Research and Technology of 
          the Department of Transportation.]
     * * * * * * *
116. National Surface Transportation and Innovative Finance Bureau.
117. Council on Credit and Finance.

           *       *       *       *       *       *       *


Sec. 102. Department of Transportation

  (a) The Department of Transportation is an executive 
department of the United States Government at the seat of 
Government.
  (b) The head of the Department is the Secretary of 
Transportation. The Secretary is appointed by the President, by 
and with the advice and consent of the Senate.
  (c) The Department has a Deputy Secretary of Transportation 
appointed by the President, by and with the advice and consent 
of the Senate. The Deputy Secretary--
          (1) shall carry out duties and powers prescribed by 
        the Secretary; and
          (2) acts for the Secretary when the Secretary is 
        absent or unable to serve or when the office of 
        Secretary is vacant.
  (d) The Department has an Under Secretary of Transportation 
for Policy appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall provide 
leadership in the development of policy for the Department, 
supervise the policy activities of Assistant Secretaries with 
primary responsibility for aviation, international, and other 
transportation policy development and carry out other powers 
and duties prescribed by the Secretary. The Under Secretary 
acts for the Secretary when the Secretary and the Deputy 
Secretary are absent or unable to serve, or when the offices of 
Secretary and Deputy Secretary are vacant.
  (e) Assistant Secretaries; General Counsel.--
          (1) Appointment.--The Department has [5] 6 Assistant 
        Secretaries and a General Counsel, including--
                  (A) an Assistant Secretary for Aviation and 
                International Affairs, an Assistant Secretary 
                for Governmental Affairs, an Assistant 
                Secretary for Research and Technology, and an 
                Assistant Secretary for Transportation Policy, 
                who shall each be appointed by the President, 
                with the advice and consent of the Senate;
                  (B) an Assistant Secretary for Budget and 
                Programs who shall be appointed by the 
                President;
                  (C) an Assistant Secretary for 
                Administration, who shall be appointed by the 
                Secretary, with the approval of the President; 
                and
                  (D) a General Counsel, who shall be appointed 
                by the President, with the advice and consent 
                of the Senate.
          (2) Duties and powers.--The officers set forth in 
        paragraph (1) shall carry out duties and powers 
        prescribed by the Secretary. An Assistant Secretary or 
        the General Counsel, in the order prescribed by the 
        Secretary, acts for the Secretary when the Secretary, 
        Deputy Secretary, and Under Secretary of Transportation 
        for Policy are absent or unable to serve, or when the 
        offices of the Secretary, Deputy Secretary, and Under 
        Secretary of Transportation for Policy are vacant.
  (f) Deputy Assistant Secretary for Tribal Government 
Affairs.--
          (1) Establishment.--In accordance with Federal 
        policies promoting Indian self determination, the 
        Department of Transportation shall have, within the 
        office of the Secretary, a Deputy Assistant Secretary 
        for Tribal Government Affairs appointed by the 
        President to plan, coordinate, and implement the 
        Department of Transportation policy and programs 
        serving Indian tribes and tribal organizations and to 
        coordinate tribal transportation programs and 
        activities in all offices and administrations of the 
        Department and to be a participant in any negotiated 
        rulemaking relating to, or having an impact on, 
        projects, programs, or funding associated with the 
        tribal transportation program.
          (2) Reservation of trust obligations.--
                  (A) Responsibility of Secretary.--In carrying 
                out this title, the Secretary shall be 
                responsible to exercise the trust obligations 
                of the United States to Indians and Indian 
                tribes to ensure that the rights of a tribe or 
                individual Indian are protected.
                  (B) Preservation of United States 
                responsibility.--Nothing in this title shall 
                absolve the United States from any 
                responsibility to Indians and Indian tribes, 
                including responsibilities derived from the 
                trust relationship and any treaty, executive 
                order, or agreement between the United States 
                and an Indian tribe.
  (g) Office of Climate Change and Environment.--
          (1) Establishment.--There is established in the 
        Department an Office of Climate Change and Environment 
        to plan, coordinate, and implement--
                  (A) department-wide research, strategies, and 
                actions under the Department's statutory 
                authority to reduce transportation-related 
                energy use and mitigate the effects of climate 
                change; and
                  (B) department-wide research strategies and 
                actions to address the impacts of climate 
                change on transportation systems and 
                infrastructure.
          (2) Clearinghouse.--The Office shall establish a 
        clearinghouse of solutions, including cost-effective 
        congestion reduction approaches, to reduce air 
        pollution and transportation- related energy use and 
        mitigate the effects of climate change.
  (h) The Department shall have a seal that shall be judicially 
recognized.

           *       *       *       *       *       *       *


[Sec. 112. Office of the Assistant Secretary for Research and 
                    Technology of the Department of Transportation

  [(a) Establishment.--The Office of the Assistant Secretary 
for Research and Technology of the Department of Transportation 
shall be an administration in the Department of Transportation.
  [(b) Administrator.--
          [(1) Appointment.--The Administration shall be headed 
        by an Administrator who shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate.
          [(2) Reporting.--The Administrator shall report 
        directly to the Secretary.
  [(c) Deputy Administrator.--The Administration shall have a 
Deputy Administrator who shall be appointed by the Secretary of 
Transportation. The Deputy Administrator shall carry out duties 
and powers prescribed by the Administrator.
  [(d) Powers and Duties of the Administrator.--The 
Administrator shall carry out--
          [(1) powers and duties prescribed by the Secretary 
        for--
                  [(A) coordination, facilitation, and review 
                of the Department's research and development 
                programs and activities;
                  [(B) advancement, and research and 
                development, of innovative technologies, 
                including intelligent transportation systems;
                  [(C) comprehensive transportation statistics 
                research, analysis, and reporting;
                  [(D) education and training in transportation 
                and transportation-related fields; and
                  [(E) activities of the Volpe National 
                Transportation Center; and
          [(2) other powers and duties prescribed by the 
        Secretary.
  [(e) Administrative Authorities.--The Administrator may enter 
into grants and cooperative agreements with Federal agencies, 
State and local government agencies, other public entities, 
private organizations, and other persons--
          [(1) to conduct research into transportation service 
        and infrastructure assurance; and
          [(2) to carry out other research activities of the 
        Administration.
  [(f) Program Evaluation and Oversight.--For each of fiscal 
years 2013 and 2014, the Administrator is authorized to expend 
not more than 1 \1/2\ percent of the amounts authorized to be 
appropriated for necessary expenses for administration and 
operations of the Research and Innovative Technology 
Administration for the coordination, evaluation, and oversight 
of the programs administered by the Administration.
  [(g) Collaborative Research and Development.--
          [(1) In general.--To encourage innovative solutions 
        to multimodal transportation problems and stimulate the 
        deployment of new technology, the Administrator may 
        carry out, on a cost-shared basis, collaborative 
        research and development 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.
          [(2) Cooperation, grants, contracts, and 
        agreements.--Notwithstanding any other provision of 
        law, the Administrator may directly initiate contracts, 
        grants, cooperative research and development agreements 
        (as defined in section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710a)), 
        and other agreements to fund, and accept funds from, 
        the Transportation Research Board of the National 
        Research Council of the National Academy of Sciences, 
        State departments of transportation, cities, counties, 
        institutions of higher education, associations, and the 
        agents of those entities to carry out joint 
        transportation research and technology efforts.
          [(3) Federal share.--
                  [(A) In general.--Subject to subparagraph 
                (B), the Federal share of the cost of an 
                activity carried out under paragraph (2) shall 
                not exceed 50 percent.
                  [(B) Exception.--If the Secretary determines 
                that the activity is of substantial public 
                interest or benefit, the Secretary may approve 
                a greater Federal share.
                  [(C) 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 subparagraph (A).
          [(4) 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 subsection, 
        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.).
          [(5) Waiver of advertising requirements.--Section 
        6101 of title 41 shall not apply to a contract, grant, 
        or other agreement entered into under this section.]

           *       *       *       *       *       *       *


Sec. 116. National Surface Transportation and Innovative Finance Bureau

  (a) Establishment.--The Secretary of Transportation shall 
establish a National Surface Transportation and Innovative 
Finance Bureau in the Department.
  (b) Purposes.--The purposes of the Bureau shall be--
          (1) to administer the application processes for 
        programs within the Department in accordance with 
        subsection (d);
          (2) to promote innovative financing best practices in 
        accordance with subsection (e);
          (3) to reduce uncertainty and delays with respect to 
        environmental reviews and permitting in accordance with 
        subsection (f);
          (4) to reduce costs and risks to taxpayers in project 
        delivery and procurement in accordance with subsection 
        (g); and
          (5) to carry out subtitle IX of this title.
  (c) Executive Director.--
          (1) Appointment.--The Bureau shall be headed by an 
        Executive Director, who shall be appointed in the 
        competitive service by the Secretary, with the approval 
        of the President.
          (2) Duties.--The Executive Director shall--
                  (A) report to the Under Secretary of 
                Transportation for Policy;
                  (B) be responsible for the management and 
                oversight of the daily activities, decisions, 
                operations, and personnel of the Bureau;
                  (C) support the Council on Credit and Finance 
                established under section 117 in accordance 
                with this section; and
                  (D) carry out such additional duties as the 
                Secretary may prescribe.
  (d) Administration of Certain Application Processes.--
          (1) In general.--The Bureau shall administer the 
        application processes for the following programs:
                  (A) The infrastructure finance programs 
                authorized under chapter 6 of title 23.
                  (B) The railroad rehabilitation and 
                improvement financing program authorized under 
                sections 501 through 503 of the Railroad 
                Revitalization and Regulatory Reform Act of 
                1976 (45 U.S.C. 821-823).
                  (C) Amount allocations authorized under 
                section 142(m) of the Internal Revenue Code of 
                1986.
                  (D) The nationally significant freight and 
                highway projects program under section 117 of 
                title 23.
          (2) Congressional notification.--The Secretary shall 
        ensure that the congressional notification requirements 
        for each program referred to in paragraph (1) are 
        followed in accordance with the statutory provisions 
        applicable to the program.
          (3) Reports.--The Secretary shall ensure that the 
        reporting requirements for each program referred to in 
        paragraph (1) are followed in accordance with the 
        statutory provisions applicable to the program.
          (4) Coordination.--In administering the application 
        processes for the programs referred to in paragraph 
        (1), the Executive Director of the Bureau shall 
        coordinate with appropriate officials in the Department 
        and its modal administrations responsible for 
        administering such programs.
          (5) Streamlining approval processes.--Not later than 
        1 year after the date of enactment of this section, the 
        Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation, the Committee on Banking, Housing, 
        and Urban Affairs, and the Committee on Environment and 
        Public Works of the Senate a report that--
                  (A) evaluates the application processes for 
                the programs referred to in paragraph (1);
                  (B) identifies administrative and legislative 
                actions that would improve the efficiency of 
                the application processes without diminishing 
                Federal oversight; and
                  (C) describes how the Secretary will 
                implement administrative actions identified 
                under subparagraph (B) that do not require an 
                Act of Congress.
          (6) Procedures and transparency.--
                  (A) Procedures.--The Secretary shall, with 
                respect to the programs referred to in 
                paragraph (1)--
                          (i) establish procedures for 
                        analyzing and evaluating applications 
                        and for utilizing the recommendations 
                        of the Council on Credit and Finance;
                          (ii) establish procedures for 
                        addressing late-arriving applications, 
                        as applicable, and communicating the 
                        Bureau's decisions for accepting or 
                        rejecting late applications to the 
                        applicant and the public; and
                          (iii) document major decisions in the 
                        application evaluation process through 
                        a decision memorandum or similar 
                        mechanism that provides a clear 
                        rationale for such decisions.
                  (B) Review.--
                          (i) In general.--The Comptroller 
                        General of the United States shall 
                        review the compliance of the Secretary 
                        with the requirements of this 
                        paragraph.
                          (ii) Recommendations.--The 
                        Comptroller General may make 
                        recommendations to the Secretary in 
                        order to improve compliance with the 
                        requirements of this paragraph.
                          (iii) Report.--Not later than 3 years 
                        after the date of enactment of this 
                        section, the Comptroller General shall 
                        submit to the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Environment and Public 
                        Works and the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate a report on the results of the 
                        review conducted under clause (i), 
                        including findings and recommendations 
                        for improvement.
  (e) Innovative Financing Best Practices.--
          (1) In general.--The Bureau shall work with the modal 
        administrations within the Department, the States, and 
        other public and private interests to develop and 
        promote best practices for innovative financing and 
        public-private partnerships.
          (2) Activities.--The Bureau shall carry out paragraph 
        (1)--
                  (A) by making Federal credit assistance 
                programs more accessible to eligible 
                recipients;
                  (B) by providing advice and expertise to 
                State and local governments that seek to 
                leverage public and private funding;
                  (C) by sharing innovative financing best 
                practices and case studies from State and local 
                governments with other State and local 
                governments that are interested in utilizing 
                innovative financing methods; and
                  (D) by developing and monitoring--
                          (i) best practices with respect to 
                        standardized State public-private 
                        partnership authorities and practices, 
                        including best practices related to--
                                  (I) accurate and reliable 
                                assumptions for analyzing 
                                public-private partnership 
                                procurements;
                                  (II) procedures for the 
                                handling of unsolicited bids;
                                  (III) policies with respect 
                                to noncompete clauses; and
                                  (IV) other significant terms 
                                of public-private partnership 
                                procurements, as determined 
                                appropriate by the Bureau;
                          (ii) standard contracts for the most 
                        common types of public-private 
                        partnerships for transportation 
                        facilities; and
                          (iii) analytical tools and other 
                        techniques to aid State and local 
                        governments in determining the 
                        appropriate project delivery model, 
                        including a value for money analysis.
          (3) Transparency.--The Bureau shall--
                  (A) ensure transparency of a project 
                receiving credit assistance under a program 
                identified in subsection (d)(1) and procured as 
                a public-private partnership by--
                          (i) requiring the project sponsor of 
                        such project to undergo a value for 
                        money analysis or a comparable analysis 
                        prior to deciding to advance the 
                        project as a public-private 
                        partnership;
                          (ii) requiring the analysis required 
                        under subparagraph (A) and other key 
                        terms of the relevant public-private 
                        partnership agreement, to be made 
                        publicly available by the project 
                        sponsor at an appropriate time;
                          (iii) not later than 3 years after 
                        the completion of the project, 
                        requiring the project sponsor of such 
                        project to conduct a review regarding 
                        whether the private partner is meeting 
                        the terms of the relevant public 
                        private partnership agreement for the 
                        project; and
                          (iv) providing a publicly available 
                        summary of the total level of Federal 
                        assistance in such project; and
                  (B) develop guidance to implement this 
                paragraph that takes into consideration 
                variations in State and local laws and 
                requirements related to public-private 
                partnerships.
          (4) Support to projects sponsors.--At the request of 
        a State or local government, the Bureau shall provide 
        technical assistance to the State or local government 
        regarding proposed public-private partnership 
        agreements for transportation facilities, including 
        assistance in performing a value for money analysis or 
        comparable analysis.
          (5) Fixed guideway transit procedures report.--Not 
        later than 1 year after the date of enactment of this 
        section, the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate a report that--
                  (A) evaluates the differences between 
                traditional design-bid-build, design-build, and 
                public-private partnership procurements for 
                projects carried out under the fixed guideway 
                capital investment program authorized under 
                section 5309;
                  (B) identifies, for project procured as 
                public-private partnerships whether the review 
                and approval process under the program requires 
                modification to better suit the unique nature 
                of such procurements; and
                  (C) describes how the Secretary will 
                implement any administrative actions identified 
                under subparagraph (B) that do not require an 
                Act of Congress.
  (f) Environmental Review and Permitting.--
          (1) In general.--The Bureau shall take such actions 
        as are appropriate and consistent with the goals and 
        policies set forth in this title and title 23, 
        including with the concurrence of other Federal 
        agencies as required under this title and title 23, to 
        improve delivery timelines for projects.
          (2) Activities.--The Bureau shall carry out paragraph 
        (1)--
                  (A) by serving as the Department's liaison to 
                the Council on Environmental Quality;
                  (B) by coordinating Department-wide efforts 
                to improve the efficiency and effectiveness of 
                the environmental review and permitting 
                process;
                  (C) by coordinating Department efforts under 
                section 139 of title 23;
                  (D) by supporting modernization efforts at 
                Federal agencies to achieve innovative 
                approaches to the permitting and review of 
                projects;
                  (E) by providing technical assistance and 
                training to field and headquarters staff of 
                Federal agencies on policy changes and 
                innovative approaches to the delivery of 
                projects;
                  (F) by identifying, developing, and tracking 
                metrics for permit reviews and decisions by 
                Federal agencies for projects under the 
                National Environmental Policy Act of 1969; and
                  (G) by administering and expanding the use of 
                Internet-based tools providing for--
                          (i) the development and posting of 
                        schedules for permit reviews and permit 
                        decisions for projects; and
                          (ii) the sharing of best practices 
                        related to efficient permitting and 
                        reviews for projects.
          (3) Support to project sponsors.--At the request of a 
        State or local government, the Bureau, in coordination 
        with the other appropriate modal agencies within the 
        Department, shall provide technical assistance with 
        regard to the compliance of a project sponsored by the 
        State or local government with the requirements of the 
        National Environmental Policy Act 1969 and relevant 
        Federal environmental permits.
  (g) Project Procurement.--
          (1) In general.--The Bureau shall promote best 
        practices in procurement for a project receiving 
        assistance under a program identified in subsection 
        (d)(1) by developing, in coordination with the Federal 
        Highway Administration and other modal agencies as 
        appropriate, procurement benchmarks in order to ensure 
        accountable expenditure of Federal assistance over the 
        life cycle of such project.
          (2) Procurement benchmarks.--The procurement 
        benchmarks developed under paragraph (1) shall, to the 
        maximum extent practicable--
                  (A) establish maximum thresholds for 
                acceptable project cost increases and delays in 
                project delivery;
                  (B) establish uniform methods for States to 
                measure cost and delivery changes over the life 
                cycle of a project; and
                  (C) be tailored, as necessary, to various 
                types of project procurements, including 
                design-bid-build, design-build, and public 
                private partnerships.
  (h) Elimination and Consolidation of Duplicative Offices.--
          (1) Elimination of offices.--The Secretary may 
        eliminate any office within the Department if the 
        Secretary determines that the purposes of the office 
        are duplicative of the purposes of the Bureau, and the 
        elimination of such office shall not adversely affect 
        the obligations of the Secretary under any Federal law.
          (2) Consolidation of offices.--The Secretary may 
        consolidate any office within the Department into the 
        Bureau that the Secretary determines has duties, 
        responsibilities, resources, or expertise that support 
        the purposes of the Bureau.
          (3) Staffing and budgetary resources.--
                  (A) In general.--The Secretary shall ensure 
                that the Bureau is adequately staffed and 
                funded.
                  (B) Staffing.--The Secretary may transfer to 
                the Bureau a position within the Department 
                from any office that is eliminated or 
                consolidated under this subsection if the 
                Secretary determines that the position is 
                necessary to carry out the purposes of the 
                Bureau.
                  (C) Budgetary resources.--
                          (i) Transfer of funds from eliminated 
                        or consolidated offices.--The Secretary 
                        may transfer to the Bureau funds 
                        allocated to any office that is 
                        eliminated or consolidated under this 
                        subsection to carry out the purposes of 
                        the Bureau.
                          (ii) Transfer of funds allocated to 
                        administrative costs.--The Secretary 
                        shall transfer to the Bureau funds 
                        allocated to the administrative costs 
                        of processing applications for the 
                        programs referred to in subsection 
                        (d)(1).
          (4) Report.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall 
        submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate a report that--
                  (A) lists the offices eliminated under 
                paragraph (1) and provides the rationale for 
                elimination of the offices;
                  (B) lists the offices consolidated under 
                paragraph (2) and provides the rationale for 
                consolidation of the offices; and
                  (C) describes the actions taken under 
                paragraph (3) and provides the rationale for 
                taking such actions.
  (i) Savings Provisions.--
          (1) Laws and regulations.--Nothing in this section 
        may be construed to change a law or regulation with 
        respect to a program referred to in subsection (d)(1).
          (2) Responsibilities.--Nothing in this section may be 
        construed to abrogate the responsibilities of an 
        agency, operating administration, or office within the 
        Department otherwise charged by a law or regulation 
        with other aspects of program administration, 
        oversight, and project approval or implementation for 
        the programs and projects subject to this section.
  (j) Definitions.--In this section, the following definitions 
apply:
          (1) Bureau.--The term ``Bureau'' means the National 
        Surface Transportation and Innovative Finance Bureau of 
        the Department.
          (2) Department.--The term ``Department'' means the 
        Department of Transportation.
          (3) Multimodal project.--The term ``multimodal 
        project'' means a project involving the participation 
        of more than one modal administration or secretarial 
        office within the Department.
          (4) Project.--The term ``project'' means a highway 
        project, public transportation capital project, freight 
        or passenger rail project, or multimodal project.

Sec. 117. Council on Credit and Finance

  (a) Establishment.--The Secretary of Transportation shall 
establish a Council on Credit and Finance in accordance with 
this section.
  (b) Membership.--
          (1) In general.--The Council shall be composed of the 
        following members:
                  (A) The Under Secretary of Transportation for 
                Policy.
                  (B) The Chief Financial Officer and Assistant 
                Secretary for Budget and Programs.
                  (C) The General Counsel of the Department of 
                Transportation.
                  (D) The Assistant Secretary for 
                Transportation Policy.
                  (E) The Administrator of the Federal Highway 
                Administration.
                  (F) The Administrator of the Federal Transit 
                Administration.
                  (G) The Administrator of the Federal Railroad 
                Administration.
          (2) Additional members.--The Secretary may designate 
        up to 3 additional officials of the Department to serve 
        as at-large members of the Council.
          (3) Chairperson and vice chairperson.--
                  (A) Chairperson.--The Under Secretary of 
                Transportation for Policy shall serve as the 
                chairperson of the Council.
                  (B) Vice chairperson.--The Chief Financial 
                Officer and Assistant Secretary for Budget and 
                Programs shall serve as the vice chairperson of 
                the Council.
          (4) Executive director.--The Executive Director of 
        the National Surface Transportation and Innovative 
        Finance Bureau shall serve as a nonvoting member of the 
        Council.
  (c) Duties.--The Council shall--
          (1) review applications for assistance submitted 
        under the programs referred to in section 116(d)(1);
          (2) make recommendations to the Secretary regarding 
        the selection of projects to receive assistance under 
        the programs referred to in section 116(d)(1);
          (3) review, on a regular basis, projects that 
        received assistance under the programs referred to in 
        section 116(d)(1); and
          (4) carry out such additional duties as the Secretary 
        may prescribe.

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                  CHAPTER 3--GENERAL DUTIES AND POWERS

         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec.
301. Leadership, consultation, and cooperation.
     * * * * * * *
304a. Accelerated decisionmaking in environmental reviews.
     * * * * * * *
307. Improving State and Federal agency engagement in environmental 
          reviews.
     * * * * * * *
310. Aligning Federal environmental reviews.

                      SUBCHAPTER II--ADMINISTRATIVE

     * * * * * * *
[330. Research contracts.]
330. Research activities.
     * * * * * * *

SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION

           *       *       *       *       *       *       *


Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic 
                    sites

  (a) It is the policy of the United States Government that 
special effort should be made to preserve the natural beauty of 
the countryside and public park and recreation lands, wildlife 
and waterfowl refuges, and historic sites.
  (b) The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States, in 
developing transportation plans and programs that include 
measures to maintain or enhance the natural beauty of lands 
crossed by transportation activities or facilities.
  (c) Approval of Programs and Projects.--Subject to 
[subsection (d)] subsections (d), (e), and (f), the Secretary 
may approve a transportation program or project (other than any 
project for a park road or parkway under section 204 of title 
23) requiring the use of publicly owned land of a public park, 
recreation area, or wildlife and waterfowl refuge of national, 
State, or local significance, or land of an historic site of 
national, State, or local significance (as determined by the 
Federal, State, or local officials having jurisdiction over the 
park, area, refuge, or site) only if--
          (1) there is no prudent and feasible alternative to 
        using that land; and
          (2) the program or project includes all possible 
        planning to minimize harm to the park, recreation area, 
        wildlife and waterfowl refuge, or historic site 
        resulting from the use.
  (d) De Minimis Impacts.--
          (1) Requirements.--
                  (A) Requirements for historic sites.--The 
                requirements of this section shall be 
                considered to be satisfied with respect to an 
                area described in paragraph (2) if the 
                Secretary determines, in accordance with this 
                subsection, that a transportation program or 
                project will have a de minimis impact on the 
                area.
                  (B) Requirements for parks, recreation areas, 
                and wildlife or waterfowl refuges.--The 
                requirements of subsection (c)(1) shall be 
                considered to be satisfied with respect to an 
                area described in paragraph (3) if the 
                Secretary determines, in accordance with this 
                subsection, that a transportation program or 
                project will have a de minimis impact on the 
                area. The requirements of subsection (c)(2) 
                with respect to an area described in paragraph 
                (3) shall not include an alternatives analysis.
                  (C) Criteria.--In making any determination 
                under this subsection, the Secretary shall 
                consider to be part of a transportation program 
                or project any avoidance, minimization, 
                mitigation, or enhancement measures that are 
                required to be implemented as a condition of 
                approval of the transportation program or 
                project.
          (2) Historic sites.--With respect to historic sites, 
        the Secretary may make a finding of de minimis impact 
        only if--
                  (A) the Secretary has determined, in 
                accordance with the consultation process 
                required under section 306108 of title 54, 
                United States Code, that--
                          (i) the transportation program or 
                        project will have no adverse effect on 
                        the historic site; or
                          (ii) there will be no historic 
                        properties affected by the 
                        transportation program or project;
                  (B) the finding of the Secretary has received 
                written concurrence from the applicable State 
                historic preservation officer or tribal 
                historic preservation officer (and from the 
                Advisory Council on Historic Preservation if 
                the Council is participating in the 
                consultation process); and
                  (C) the finding of the Secretary has been 
                developed in consultation with parties 
                consulting as part of the process referred to 
                in subparagraph (A).
          (3) Parks, recreation areas, and wildlife or 
        waterfowl refuges.--With respect to parks, recreation 
        areas, or wildlife or waterfowl refuges, the Secretary 
        may make a finding of de minimis impact only if--
                  (A) the Secretary has determined, after 
                public notice and opportunity for public review 
                and comment, that the transportation program or 
                project will not adversely affect the 
                activities, features, and attributes of the 
                park, recreation area, or wildlife or waterfowl 
                refuge eligible for protection under this 
                section; and
                  (B) the finding of the Secretary has received 
                concurrence from the officials with 
                jurisdiction over the park, recreation area, or 
                wildlife or waterfowl refuge.
  (e) Satisfaction of Requirements for Certain Historic 
Sites.--
          (1) In general.--The Secretary shall--
                  (A) align, to the maximum extent practicable, 
                the requirements of this section with the 
                requirements of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4231 et seq.) and 
                section 306108 of title 54, including 
                implementing regulations; and
                  (B) not later than 90 days after the date of 
                enactment of this subsection, coordinate with 
                the Secretary of the Interior and the Executive 
                Director of the Advisory Council on Historic 
                Preservation (referred to in this subsection as 
                the ``Council'') to establish procedures to 
                satisfy the requirements described in 
                subparagraph (A) (including regulations).
          (2) Avoidance alternative analysis.--
                  (A) In general.--If, in an analysis required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4231 et seq.), the Secretary 
                determines that there is no feasible or prudent 
                alternative to avoid use of a historic site, 
                the Secretary may--
                          (i) include the determination of the 
                        Secretary in the analysis required 
                        under that Act;
                          (ii) provide a notice of the 
                        determination to--
                                  (I) each applicable State 
                                historic preservation officer 
                                and tribal historic 
                                preservation officer;
                                  (II) the Council, if the 
                                Council is participating in the 
                                consultation process under 
                                section 306108 of title 54; and
                                  (III) the Secretary of the 
                                Interior; and
                          (iii) request from the applicable 
                        preservation officer, the Council, and 
                        the Secretary of the Interior a 
                        concurrence that the determination is 
                        sufficient to satisfy the requirement 
                        of subsection (c)(1).
                  (B) Concurrence.--If the applicable 
                preservation officer, the Council, and the 
                Secretary of the Interior each provide a 
                concurrence requested under subparagraph 
                (A)(iii), no further analysis under subsection 
                (a)(1) shall be required.
                  (C) Publication.--A notice of a 
                determination, together with each relevant 
                concurrence to that determination, under 
                subparagraph (A) shall be--
                          (i) included in the record of 
                        decision or finding of no significant 
                        impact of the Secretary; and
                          (ii) posted on an appropriate Federal 
                        Web site by not later than 3 days after 
                        the date of receipt by the Secretary of 
                        all concurrences requested under 
                        subparagraph (A)(iii).
          (3) Aligning historical reviews.--
                  (A) In general.--If the Secretary, the 
                applicable preservation officer, the Council, 
                and the Secretary of the Interior concur that 
                no feasible and prudent alternative exists as 
                described in paragraph (2), the Secretary may 
                provide to the applicable preservation officer, 
                the Council, and the Secretary of the Interior 
                notice of the intent of the Secretary to 
                satisfy the requirements of subsection (c)(2) 
                through the consultation requirements of 
                section 306108 of title 54.
                  (B) Satisfaction of conditions.--To satisfy 
                the requirements of subsection (c)(2), the 
                applicable preservation officer, the Council, 
                and the Secretary of the Interior shall concur 
                in the treatment of the applicable historic 
                site described in the memorandum of agreement 
                or programmatic agreement developed under 
                section 306108 of title 54.
  (f) Rail and Transit.--
          (1) In general.--Improvements to, or the maintenance, 
        rehabilitation, or operation of, railroad or rail 
        transit lines or elements thereof that are in use or 
        were historically used for the transportation of goods 
        or passengers shall not be considered a use of a 
        historic site under subsection (c), regardless of 
        whether the railroad or rail transit line or element 
        thereof is listed on, or eligible for listing on, the 
        National Register of Historic Places.
          (2) Exceptions.--
                  (A) In general.--Paragraph (1) shall not 
                apply to--
                          (i) stations; or
                          (ii) bridges or tunnels located on--
                                  (I) railroad lines that have 
                                been abandoned; or
                                  (II) transit lines that are 
                                not in use.
                  (B) Clarification with respect to certain 
                bridges and tunnels.--The bridges and tunnels 
                referred to in subparagraph (A)(ii) do not 
                include bridges or tunnels located on railroad 
                or transit lines--
                          (i) over which service has been 
                        discontinued; or
                          (ii) that have been railbanked or 
                        otherwise reserved for the 
                        transportation of goods or passengers.
  (g) References to Past Transportation Environmental 
Authorities.--
          (1) Section 4(f) requirements.--The requirements of 
        this section are commonly referred to as section 4(f) 
        requirements (see section 4(f) of the Department of 
        Transportation Act (Public Law 89-670; 80 Stat. 934) as 
        in effect before the repeal of that section).
          (2) Section 106 requirements.--The requirements of 
        section 306108 of title 54 are commonly referred to as 
        section 106 requirements (see section 106 of the 
        National Historic Preservation Act of 1966 (Public Law 
        89-665; 80 Stat. 915) as in effect before the repeal of 
        that section).
  (h) Bridge Exemption.--A common post-1945 concrete or steel 
bridge or culvert that is exempt from individual review under 
section 306108 of title 54 (as described in 77 Fed. Reg. 68790) 
shall be treated under this section as having a de minimis 
impact on an area.

           *       *       *       *       *       *       *


Sec. 304. Application of categorical exclusions for multimodal projects

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Cooperating authority.--The term ``cooperating 
        authority'' means a Department of Transportation 
        [operating authority that] operating administration or 
        secretarial office that has expertise but is not the 
        lead authority with respect to a proposed multimodal 
        project.
          [(2) Lead authority.--The term ``lead authority'' 
        means a Department of Transportation operating 
        administration or secretarial office that--
                  [(A) is the lead authority over a proposed 
                multimodal project; and
                  [(B) has determined that the components of 
                the project that fall under the modal expertise 
                of the lead authority--
                          [(i) satisfy the conditions for a 
                        categorical exclusion under 
                        implementing regulations or procedures 
                        of the lead authority under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.); and
                          [(ii) do not require the preparation 
                        of an environmental assessment or 
                        environmental impact statement under 
                        that Act.]
          (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.
          (3) Multimodal project.--The term ``multimodal 
        project'' has the meaning given the term in section 
        139(a) of title 23.
  (b) Exercise of Authorities.--The authorities granted in this 
section may be exercised for a multimodal project, class of 
projects, or program of projects that are carried out under 
this title or title 23.
  [(c) Application of Categorical Exclusions for Multimodal 
Projects.--In considering the environmental impacts of a 
proposed multimodal project, a lead authority may apply a 
categorical exclusion designated under the implementing 
regulations or procedures of a cooperating authority for other 
components of the project, subject to the conditions that--
          [(1) the multimodal project is funded under 1 grant 
        agreement administered by the lead authority;
          [(2) the multimodal project has components that 
        require the expertise of a cooperating authority to 
        assess the environmental impacts of the components;
          [(3) the component of the project to be covered by 
        the categorical exclusion of the cooperating authority 
        has independent utility;
          [(4) the cooperating authority, in consultation with 
        the lead authority--
                  [(A) follows implementing regulations or 
                procedures under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                and
                  [(B) determines that a categorical exclusion 
                under that Act applies to the components; and
          [(5) the lead authority has determined that--
                  [(A) the project, using the categorical 
                exclusions of the lead authority and each 
                applicable cooperating authority, does not 
                individually or cumulatively have a significant 
                impact on the environment; and
                  [(B) extraordinary circumstances do not exist 
                that merit additional analysis and 
                documentation in an environmental impact 
                statement or environmental assessment required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
  [(d) Modal Cooperation.--
          [(1) In general.--A cooperating authority shall 
        provide modal expertise to the lead authority on such 
        aspects of the multimodal project in which the 
        cooperating authority has expertise.
          [(2) Use of categorical exclusion.--In a case 
        described in paragraph (1), the 1 or more categorical 
        exclusions of a cooperating authority may be applied by 
        the lead authority once the cooperating authority 
        reviews the project on behalf of the lead authority and 
        determines the project satisfies the conditions for a 
        categorical exclusion under the implementing 
        regulations or procedures of the cooperating authority 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and this section.]
  (c) Application of Categorical Exclusions for Multimodal 
Projects.--In considering the environmental impacts of a 
proposed multimodal project, a lead authority may apply 
categorical exclusions designated under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 
implementing regulations or procedures of a cooperating 
authority for a proposed multimodal project, subject to the 
conditions that--
          (1) the lead authority makes a determination, with 
        the concurrence of the cooperating authority--
                  (A) on the applicability of a categorical 
                exclusion to a proposed multimodal project; and
                  (B) that the project satisfies the conditions 
                for a categorical exclusion under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and this section;
          (2) the lead authority follows the cooperating 
        authority's implementing regulations or procedures 
        under such Act; and
          (3) the lead authority determines that--
                  (A) the proposed multimodal project does not 
                individually or cumulatively have a significant 
                impact on the environment; and
                  (B) extraordinary circumstances do not exist 
                that merit additional analysis and 
                documentation in an environmental impact 
                statement or environmental assessment required 
                under such Act.
  (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. 304a. Accelerated decisionmaking in environmental reviews

  (a) In General.--In preparing a final environmental impact 
statement under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), if the lead agency modifies the 
statement in response to comments that are minor and are 
confined to factual corrections or explanations of why the 
comments do not warrant additional agency response, the lead 
agency may write on errata sheets attached to the statement, 
instead of rewriting the draft statement, subject to the 
condition that the errata sheets--
          (1) cite the sources, authorities, and reasons that 
        support the position of the agency; and
          (2) if appropriate, indicate the circumstances that 
        would trigger agency reappraisal or further response.
  (b) Single Document.--To the maximum extent practicable, the 
lead agency shall expeditiously develop a single document that 
consists of a final environmental impact statement and a record 
of decision, unless--
          (1) the final environmental impact statement makes 
        substantial changes to the proposed action that are 
        relevant to environmental or safety concerns; or
          (2) there is a significant new circumstance or 
        information relevant to environmental concerns that 
        bears on the proposed action or the impacts of the 
        proposed action.
  (c) Adoption of Documents.--
          (1) Avoiding duplication.--To prevent duplication of 
        analyses and support expeditious and efficient 
        decisions, the operating administrations of the 
        Department of Transportation shall use adoption and 
        incorporation by reference in accordance with this 
        paragraph.
          (2) Adoption of documents of other operating 
        administrations.--An operating administration or a 
        secretarial office within the Department of 
        Transportation may adopt a draft environmental impact 
        statement, an environmental assessment, or a final 
        environmental impact statement of another operating 
        administration for the adopting operating 
        administration's use when preparing an environmental 
        assessment or final environmental impact statement for 
        a project without recirculating the document for public 
        review, if--
                  (A) the adopting operating administration 
                certifies that its proposed action is 
                substantially the same as the project 
                considered in the document to be adopted;
                  (B) the other operating administration 
                concurs with such decision; and
                  (C) such actions are consistent with the 
                requirements of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          (3) Incorporation by reference.--An operating 
        administration or secretarial office within the 
        Department of Transportation may incorporate by 
        reference all or portions of a draft environmental 
        impact statement, an environmental assessment, or a 
        final environmental impact statement for the adopting 
        operating administration's use when preparing an 
        environmental assessment or final environmental impact 
        statement for a project if--
                  (A) the incorporated material is cited in the 
                environmental assessment or final environmental 
                impact statement and the contents of the 
                incorporated material is briefly described;
                  (B) the incorporated material is reasonably 
                available for inspection by potentially 
                interested persons within the time allowed for 
                review and comment; and
                  (C) the incorporated material does not 
                include proprietary data that is not available 
                for review and comment.

           *       *       *       *       *       *       *


Sec. 307. Improving State and Federal agency engagement in 
                    environmental reviews

  (a) In General.--
          (1) Requests to provide funds.--A public entity 
        receiving financial assistance from the Department of 
        Transportation for 1 or more projects, or for a program 
        of projects, for a public purpose may request that the 
        Secretary allow the public entity to provide funds to 
        Federal agencies, including the Department, State 
        agencies, and Indian tribes participating in the 
        environmental planning and review process for the 
        project, projects, or program.
          (2) Use of funds.--The funds may be provided only to 
        support activities that directly and meaningfully 
        contribute to expediting and improving permitting and 
        review processes, including planning, approval, and 
        consultation processes for the project, projects, or 
        program.
  (b) Activities Eligible for Funding.--Activities for which 
funds may be provided under subsection (a) include 
transportation planning activities that precede the initiation 
of the environmental review process, activities directly 
related to the environmental review process, dedicated 
staffing, training of agency personnel, information gathering 
and mapping, and development of programmatic agreements.
  (c) Amounts.--Requests under subsection (a) may be approved 
only for the additional amounts that the Secretary determines 
are necessary for the Federal agencies, State agencies, or 
Indian tribes participating in the environmental review process 
to timely conduct their review.
  (d) Agreements.--Prior to providing funds approved by the 
Secretary for dedicated staffing at an affected Federal agency 
under subsection (a), the affected Federal agency and the 
requesting public entity shall enter into an agreement that 
establishes a process to identify projects or priorities to be 
addressed by the use of the funds.
  (e) Rulemaking.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the Secretary shall 
        initiate a rulemaking to implement this section.
          (2) Factors.--As part of the rulemaking carried out 
        under paragraph (1), the Secretary shall ensure--
                  (A) to the maximum extent practicable, that 
                expediting and improving the process of 
                environmental review and permitting through the 
                use of funds accepted and expended under this 
                section does not adversely affect the timeline 
                for review and permitting by Federal agencies, 
                State agencies, or Indian tribes of other 
                entities that have not contributed funds under 
                this section;
                  (B) that the use of funds accepted under this 
                section will not impact impartial 
                decisionmaking with respect to environmental 
                reviews or permits, either substantively or 
                procedurally; and
                  (C) that the Secretary maintains, and makes 
                publicly available, including on the Internet, 
                a list of projects or programs for which such 
                review or permits have been carried out using 
                funds authorized under this section.
  (f) Existing Authority.--Nothing in this section may be 
construed to conflict with section 139(j) of title 23.

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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 shall--
          (1) ensure that the Department and agencies of 
        jurisdiction possess sufficient information early in 
        the review process to determine a statement of a 
        transportation project's purpose and need and range of 
        alternatives for analysis that the lead agency and 
        agencies of jurisdiction will rely on for concurrent 
        environmental reviews and permitting decisions required 
        for the proposed project;
          (2) achieve early concurrence or issue resolution 
        during the NEPA scoping process on the Department of 
        Transportation's statement of a project's purpose and 
        need, and during development of the environmental 
        impact statement on the range of alternatives for 
        analysis, that the lead agency and agencies of 
        jurisdiction will rely on for concurrent environmental 
        reviews and permitting decisions required for the 
        proposed project absent circumstances that require 
        reconsideration in order to meet an agency of 
        jurisdiction's obligations under a statute or Executive 
        order; and
          (3) achieve concurrence or issue resolution in an 
        expedited manner if circumstances arise that require a 
        reconsideration of the purpose and need or range of 
        alternatives considered during any Federal agency's 
        environmental or permitting review in order to meet an 
        agency of jurisdiction's obligations under a statute or 
        Executive order.
  (c) Environmental Checklist.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this section, the Secretary of 
        Transportation and Federal agencies of jurisdiction 
        likely to have substantive review or approval 
        responsibilities on transportation projects shall 
        jointly develop a checklist to help project sponsors 
        identify potential natural, cultural, and historic 
        resources in the area of a proposed project.
          (2) Purpose.--The purpose of the checklist shall be 
        to--
                  (A) identify agencies of jurisdiction and 
                cooperating agencies;
                  (B) develop the information needed for the 
                purpose and need and alternatives for analysis; 
                and
                  (C) improve interagency collaboration to help 
                expedite the permitting process for the lead 
                agency and agencies of jurisdiction.
  (d) Interagency Collaboration.--
          (1) In general.--Consistent with Federal 
        environmental statutes, the Secretary shall facilitate 
        annual interagency collaboration sessions at the 
        appropriate jurisdictional level to coordinate business 
        plans and facilitate coordination of workload planning 
        and workforce management.
          (2) Purpose of collaboration sessions.--The 
        interagency collaboration sessions shall ensure that 
        agency staff is--
                  (A) fully engaged;
                  (B) utilizing the flexibility of existing 
                regulations, policies, and guidance; and
                  (C) identifying additional actions to 
                facilitate high quality, efficient, and 
                targeted environmental reviews and permitting 
                decisions.
          (3) Focus of collaboration sessions.--The interagency 
        collaboration sessions, and the interagency 
        collaborations generated by the sessions, shall focus 
        on methods to--
                  (A) work with State and local transportation 
                entities to improve project planning, siting, 
                and application quality; and
                  (B) consult and coordinate with relevant 
                stakeholders and Federal, tribal, State, and 
                local representatives early in permitting 
                processes.
  (e) Performance Measurement.--Not later than 1 year after the 
date of enactment of this section, the Secretary, in 
coordination with relevant Federal agencies, shall establish a 
program to measure and report on progress towards aligning 
Federal reviews as outlined in this section.

SUBCHAPTER II--ADMINISTRATIVE

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Sec. 330. Research [contracts]  activities

  (a) [The Secretary of] In General._The Secretary of 
Transportation may make contracts with educational 
institutions, public and private agencies and organizations, 
and persons for scientific or technological research into a 
problem related to programs carried out by the Secretary. 
Before making a contract, the Secretary must require the 
institution, agency, organization, or person to show that it is 
able to carry out the contract.
  (b) [In carrying] Responsibilities._In carrying out this 
section, the Secretary shall--
          (1) give advice and assistance the Secretary believes 
        will best carry out the duties and powers of the 
        Secretary;
          (2) participate in coordinating all research started 
        under this section;
          (3) indicate the lines of inquiry most important to 
        the Secretary; and
          (4) encourage and assist in establishing and 
        maintaining cooperation by and between contractors and 
        between them and other research organizations, the 
        Department of Transportation, and other departments, 
        agencies, and instrumentalities of the United States 
        Government.
  (c) [The Secretary] Publications._The Secretary may 
distribute publications containing information the Secretary 
considers relevant to research carried out under this section.
  (d) Duties.--The Secretary shall provide for the following:
          (1) Coordination, facilitation, and review of 
        Department of Transportation research and development 
        programs and activities.
          (2) Advancement, and research and development, of 
        innovative technologies, including intelligent 
        transportation systems.
          (3) Comprehensive transportation statistics research, 
        analysis, and reporting.
          (4) Education and training in transportation and 
        transportation-related fields.
          (5) Activities of the Volpe National Transportation 
        Systems Center.
          (6) Coordination in support of multimodal and 
        multidisciplinary research activities.
  (e) Additional Authorities.--The Secretary may--
          (1) enter into grants and cooperative agreements with 
        Federal agencies, State and local government agencies, 
        other public entities, private organizations, and other 
        persons to conduct research into transportation service 
        and infrastructure assurance and to carry out other 
        research activities of the Department of 
        Transportation;
          (2) carry out, on a cost-shared basis, collaborative 
        research and development to encourage innovative 
        solutions to multimodal transportation problems and 
        stimulate the deployment of new technology with--
                  (A) non-Federal entities, including State and 
                local governments, foreign governments, 
                institutions of higher education, corporations, 
                institutions, partnerships, sole 
                proprietorships, and trade associations that 
                are incorporated or established under the laws 
                of any State;
                  (B) Federal laboratories; and
                  (C) other Federal agencies; and
          (3) directly initiate contracts, grants, cooperative 
        research and development agreements (as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)), and other 
        agreements to fund, and accept funds from, the 
        Transportation Research Board of the National 
        Academies, State departments of transportation, cities, 
        counties, institutions of higher education, 
        associations, and the agents of those entities to carry 
        out joint transportation research and technology 
        efforts.
  (f) Federal Share.--
          (1) In general.--Subject to paragraph (2), the 
        Federal share of the cost of an activity carried out 
        under subsection (e)(3) shall not exceed 50 percent.
          (2) Exception.--If the Secretary determines that the 
        activity is of substantial public interest or benefit, 
        the Secretary may approve a greater Federal share.
          (3) Non-federal share.--All costs directly incurred 
        by the non-Federal partners, including personnel, 
        travel, facility, and hardware development costs, shall 
        be credited toward the non-Federal share of the cost of 
        an activity described in subsection (e)(3).
  (g) Program Evaluation and Oversight.--For each of fiscal 
years 2016 through 2021, the Secretary is authorized to expend 
not more than 1 and a half percent of the amounts authorized to 
be appropriated for the coordination, evaluation, and oversight 
of the programs administered by the Office of the Assistant 
Secretary for Research and Technology.
  (h) Use of Technology.--The research, development, or use of 
a technology under a contract, grant, cooperative research and 
development agreement, or other agreement entered into under 
this section, including the terms under which the technology 
may be licensed and the resulting royalties may be distributed, 
shall be subject to the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3701 et seq.).
  (i) Waiver of Advertising Requirements.--Section 6101 of 
title 41 shall not apply to a contract, grant, or other 
agreement entered into under this section.

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SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

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            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

Sec.
5101. Purpose.
     * * * * * * *
5111. Comprehensive oil spill response plans.

           *       *       *       *       *       *       *


Sec. 5103. General regulatory authority

  (a) Designating Material as Hazardous.--The Secretary shall 
designate material (including an explosive, radioactive 
material, infectious substance, flammable or combustible 
liquid, solid, or gas, toxic, oxidizing, or corrosive material, 
and compressed gas) or a group or class of material as 
hazardous when the Secretary determines that transporting the 
material in commerce in a particular amount and form may pose 
an unreasonable risk to health and safety or property.
  (b) Regulations for Safe Transportation.--(1) The Secretary 
shall prescribe regulations for the safe transportation, 
including security, of hazardous material in intrastate, 
interstate, and foreign commerce. The regulations--
          (A) apply to a person who--
                  (i) transports hazardous material in 
                commerce;
                  (ii) causes hazardous material to be 
                transported in commerce;
                  (iii) designs, manufactures, fabricates, 
                inspects, marks, maintains, reconditions, 
                repairs, or tests a package, container, or 
                packaging component that is represented, 
                marked, certified, or sold as qualified for use 
                in transporting hazardous material in commerce;
                  (iv) prepares or accepts hazardous material 
                for transportation in commerce;
                  (v) is responsible for the safety of 
                transporting hazardous material in commerce;
                  (vi) certifies compliance with any 
                requirement under this chapter; or
                  (vii) misrepresents whether such person is 
                engaged in any activity under clause (i) 
                through (vi); and
          (B) shall govern safety aspects, including security, 
        of the transportation of hazardous material the 
        Secretary considers appropriate.
  (2) A proceeding to prescribe the regulations must be 
conducted under section 553 of title 5, including an 
opportunity for informal oral presentation.
  (c) Federally Declared Disasters and Emergencies.--
          (1) In general.--The Secretary may by order waive 
        compliance with any part of an applicable standard 
        prescribed under this chapter without prior notice and 
        comment and on terms the Secretary considers 
        appropriate if the Secretary determines that--
                  (A) it is in the public interest to grant the 
                waiver;
                  (B) the waiver is not inconsistent with the 
                safety of transporting hazardous materials; and
                  (C) the waiver is necessary to facilitate the 
                safe movement of hazardous materials into, 
                from, and within an area of a major disaster or 
                emergency that has been declared under the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.).
          (2) Period of waiver.--A waiver under this subsection 
        may be issued for a period of not more than 60 days and 
        may be renewed upon application to the Secretary only 
        after notice and an opportunity for a hearing on the 
        waiver. The Secretary shall immediately revoke the 
        waiver if continuation of the waiver would not be 
        consistent with the goals and objectives of this 
        chapter.
          (3) Statement of reasons.--The Secretary shall 
        include in any order issued under this section the 
        reason for granting the waiver.
  [(c)] (d) Consultation.--When prescribing a security 
regulation or issuing a security order that affects the safety 
of the transportation of hazardous material, the Secretary of 
Homeland Security shall consult with the Secretary of 
Transportation.
  [(d)] (e) Biennial Report.--The Secretary of Transportation 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Senate 
Committee on Commerce, Science, and Transportation a biennial 
report providing information on whether the Secretary has 
designated as hazardous materials for purposes of chapter 51 of 
such title all by-products of the methamphetamine- production 
process that are known by the Secretary to pose an unreasonable 
risk to health and safety or property when transported in 
commerce in a particular amount and form.

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Sec. 5107. Hazmat employee training requirements and grants

  (a) Training Requirements.--The Secretary shall prescribe by 
regulation requirements for training that a hazmat employer 
must give hazmat employees of the employer on the safe loading, 
unloading, handling, storing, and transporting of hazardous 
material and emergency preparedness for responding to an 
accident or incident involving the transportation of hazardous 
material. The regulations--
          (1) shall establish the date, as provided by 
        subsection (b) of this section, by which the training 
        shall be completed; and
          (2) may provide for different training for different 
        classes or categories of hazardous material and hazmat 
        employees.
  (b) Beginning and Completing Training.--A hazmat employer 
shall begin the training of hazmat employees of the employer 
not later than 6 months after the Secretary prescribes the 
regulations under subsection (a) of this section. The training 
shall be completed within a reasonable period of time after--
          (1) 6 months after the regulations are prescribed; or
          (2) the date on which an individual is to begin 
        carrying out a duty or power of a hazmat employee if 
        the individual is employed as a hazmat employee after 
        the 6-month period.
  (c) Certification of Training.--After completing the 
training, each hazmat employer shall certify, with 
documentation the Secretary may require by regulation, that the 
hazmat employees of the employer have received training and 
have been tested on appropriate transportation areas of 
responsibility, including at least one of the following:
          (1) recognizing and understanding the Department of 
        Transportation hazardous material classification 
        system.
          (2) the use and limitations of the Department 
        hazardous material placarding, labeling, and marking 
        systems.
          (3) general handling procedures, loading and 
        unloading techniques, and strategies to reduce the 
        probability of release or damage during or incidental 
        to transporting hazardous material.
          (4) health, safety, and risk factors associated with 
        hazardous material and the transportation of hazardous 
        material.
          (5) appropriate emergency response and communication 
        procedures for dealing with an accident or incident 
        involving hazardous material transportation.
          (6) the use of the Department Emergency Response 
        Guidebook and recognition of its limitations or the use 
        of equivalent documents and recognition of the 
        limitations of those documents.
          (7) applicable hazardous material transportation 
        regulations.
          (8) personal protection techniques.
          (9) preparing a shipping document for transporting 
        hazardous material.
  (d) Coordination of Training Requirements.--In consultation 
with the Administrator of the Environmental Protection Agency 
and the Secretary of Labor, the Secretary shall ensure that the 
training requirements prescribed under this section do not 
conflict with or duplicate--
          (1) the requirements of regulations the Secretary of 
        Labor prescribes related to hazard communication, and 
        hazardous waste operations, and emergency response that 
        are contained in part 1910 of title 29, Code of Federal 
        Regulations; and
          (2) the regulations the Agency prescribes related to 
        worker protection standards for hazardous waste 
        operations that are contained in part 311 of title 40, 
        Code of Federal Regulations.
  (e) Training Grants.--
          (1) In general.--Subject to the availability of funds 
        under section 5128(c), the Secretary shall make grants 
        under this subsection--
                  (A) for training instructors to train hazmat 
                employees, State and local personnel 
                responsible for enforcing the safe 
                transportation of hazardous materials, or both; 
                and
                  (B) to the extent determined appropriate by 
                the Secretary, for such instructors to train 
                hazmat employees, State and local personnel 
                responsible for enforcing the safe 
                transportation of hazardous materials, or both.
          (2) Eligibility.--A grant under this subsection shall 
        be made through a competitive process to a nonprofit 
        organization that demonstrates--
                  (A) expertise in conducting a training 
                program for hazmat employees, State and local 
                personnel responsible for enforcing the safe 
                transportation of hazardous materials, or both; 
                and
                  (B) the ability to reach and involve in a 
                training program a target population of hazmat 
                employees, State and local personnel 
                responsible for enforcing the safe 
                transportation of hazardous materials, or both.
  (f) Training of Certain Employees.--The Secretary shall 
ensure that maintenance-of-way employees and railroad signalmen 
receive general awareness and familiarization training and 
safety training pursuant to section 172.704 of title 49, Code 
of Federal Regulations.
  (g) Relationship to Other Laws.--(1) Chapter 35 of title 44 
does not apply to an activity of the Secretary under 
subsections (a)-(d) of this section.
  (2) An action of the Secretary under subsections (a)-(d) of 
this section and section 5106 is not an exercise, under section 
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653(b)(1)), of statutory authority to prescribe or 
enforce standards or regulations affecting occupational safety 
or health.
  (h) Existing Effort.--No grant under subsection (e) shall 
supplant or replace existing employer-provided hazardous 
materials training efforts or obligations.

Sec. 5108. Registration

  (a) Persons Required to File.--(1) A person shall file a 
registration statement with the Secretary under this subsection 
if the person is transporting or causing to be transported in 
commerce any of the following:
          (A) a highway-route-controlled quantity of 
        radioactive material.
          (B) more than 25 kilograms of a Division 1.1, 1.2, or 
        1.3 explosive material in a motor vehicle, rail car, or 
        transport container.
          (C) more than one liter in each package of a 
        hazardous material the Secretary designates as 
        extremely toxic by inhalation.
          (D) hazardous material in a bulk packaging, 
        container, or tank, as defined by the Secretary, if the 
        bulk packaging, container, or tank has a capacity of at 
        least 3,500 gallons or more than 468 cubic feet.
          (E) a shipment of at least 5,000 pounds (except in a 
        bulk packaging) of a class of hazardous material for 
        which placarding of a vehicle, rail car, or freight 
        container is required under regulations prescribed 
        under this chapter.
  (2) The Secretary may require any of the following persons to 
file a registration statement with the Secretary under this 
subsection:
          (A) a person transporting or causing to be 
        transported hazardous material in commerce and not 
        required to file a registration statement under 
        paragraph (1) of this subsection.
          (B) a person designing, manufacturing, fabricating, 
        inspecting, marking, maintaining, reconditioning, 
        repairing, or testing a package, container, or 
        packaging component that is represented, marked, 
        certified, or sold as qualified for use in transporting 
        hazardous material in commerce.
  (3) A person required to file a registration statement under 
this subsection may transport or cause to be transported, or 
design, manufacture, fabricate, inspect, mark, maintain, 
recondition, repair, or test a package, container packaging 
component, or container for use in transporting, hazardous 
material, only if the person has a statement on file as 
required by this subsection.
  (4) The Secretary may waive the filing of a registration 
statement, or the payment of a fee, required under this 
subsection, or both, for any person not domiciled in the United 
States who solely offers hazardous materials for transportation 
to the United States from a place outside the United States if 
the country of which such person is a domiciliary does not 
require persons domiciled in the United States who solely offer 
hazardous materials for transportation to the foreign country 
from places in the United States to file registration 
statements, or to pay fees, for making such an offer.
  (b) Form, Contents, and Limitation on Filings.--(1) A 
registration statement under subsection (a) of this section 
shall be in the form and contain information the Secretary 
requires by regulation. The Secretary may use existing forms of 
the Department of Transportation and the Environmental 
Protection Agency to carry out this subsection. The statement 
shall include--
          (A) the name and principal place of business of the 
        registrant;
          (B) a description of each activity the registrant 
        carries out for which filing a statement under 
        subsection (a) of this section is required; and
          (C) each State in which the person carries out any of 
        the activities.
  (2) A person carrying out more than one activity, or an 
activity at more than one location, for which filing is 
required only has to file one registration statement to comply 
with subsection (a) of this section.
  (c) Filing.--Each person required to file a registration 
statement under subsection (a) shall file the statement in 
accordance with regulations prescribed by the Secretary.
  (d) Simplifying the Registration Process.--The Secretary may 
take necessary action to simplify the registration process 
under subsections (a)-(c) of this section and to minimize the 
number of applications, documents, and other information a 
person is required to file under this chapter and other laws of 
the United States.
  (e) Cooperation With Administrator.--The Administrator of the 
Environmental Protection Agency shall assist the Secretary in 
carrying out subsections (a)-(g)(1) and (h) of this section by 
providing the Secretary with information the Secretary requests 
to carry out the objectives of subsections (a)-(g)(1) and (h).
  (f) Availability of Statements.--The Secretary shall make a 
registration statement filed under subsection (a) of this 
section available for inspection by any person for a fee the 
Secretary establishes. However, this subsection does not 
require the release of information described in section 552(b) 
of title 5 or otherwise protected by law from disclosure to the 
public.
  (g) Fees.--(1) The Secretary shall establish, impose, and 
collect from a person required to file a registration statement 
under subsection (a) of this section a fee necessary to pay for 
the costs of the Secretary in processing the statement.
  (2)(A) In addition to a fee established under paragraph (1) 
of this subsection, the Secretary shall establish and impose by 
regulation and collect an annual fee. Subject to subparagraph 
(B) of this paragraph, the fee shall be at least $250 but not 
more than $3,000 from each person required to file a 
registration statement under this section. The Secretary shall 
determine the amount of the fee under this paragraph on at 
least one of the following:
          (i) gross revenue from transporting hazardous 
        material.
          (ii) the type of hazardous material transported or 
        caused to be transported.
          (iii) the amount of hazardous material transported or 
        caused to be transported.
          (iv) the number of shipments of hazardous material.
          (v) the number of activities that the person carries 
        out for which filing a registration statement is 
        required under this section.
          (vi) the threat to property, individuals, and the 
        environment from an accident or incident involving the 
        hazardous material transported or caused to be 
        transported.
          (vii) the percentage of gross revenue derived from 
        transporting hazardous material.
          (viii) the amount to be made available to carry out 
        sections 5108(g)(2), 5115, and 5116 of this title.
          (ix) other factors the Secretary considers 
        appropriate.
  (B) The Secretary shall adjust the amount being collected 
under this paragraph to reflect any unexpended balance in the 
account established under section [5116(i)] 5116(h) of this 
title. However, the Secretary is not required to refund any fee 
collected under this paragraph.
  (C) The Secretary shall transfer to the Secretary of the 
Treasury amounts the Secretary of Transportation collects under 
this paragraph for deposit in the Hazardous Materials Emergency 
Preparedness Fund established under section [5116(i)] 5116(h) 
of this title.
  (3) Fees on exempt persons.--Notwithstanding subsection 
(a)(4), the Secretary shall impose and collect a fee of $25 
from a person who is required to register under this section 
but who is otherwise exempted by the Secretary from paying any 
fee under this section. The fee shall be used to pay the costs 
incurred by the Secretary in processing registration statements 
filed by such persons.
  (h) Maintaining Proof of Filing and Payment of Fees.--The 
Secretary may prescribe regulations requiring a person required 
to file a registration statement under subsection (a) of this 
section to maintain proof of the filing and payment of fees 
imposed under subsection (g) of this section.
  (i) Relationship to Other Laws.--(1) Chapter 35 of title 44 
does not apply to an activity of the Secretary under 
subsections (a)-(g)(1) and (h) of this section.
  (2)(A) This section does not apply to an employee of a hazmat 
employer.
  (B) Subsections (a)-(h) of this section do not apply to a 
department, agency, or instrumentality of the United States 
Government, an authority of a State or political subdivision of 
a State, an Indian tribe, or an employee of a department, 
agency, instrumentality, or authority carrying out official 
duties.

Sec. 5109. Motor carrier safety permits

  (a) Requirement.--A motor carrier may transport or cause to 
be transported by motor vehicle in commerce hazardous material 
only if the carrier holds a safety permit the Secretary issues 
under this section authorizing the transportation and keeps a 
copy of the permit, or other proof of its existence, in the 
vehicle. The Secretary shall issue a permit if the Secretary 
finds the carrier is fit, willing, and able--
          (1) to provide the transportation to be authorized by 
        the permit;
          (2) to comply with this chapter and regulations the 
        Secretary prescribes to carry out this chapter; and
          (3) to comply with applicable United States motor 
        carrier safety laws and regulations and applicable 
        minimum financial responsibility laws and regulations.
  (b) Applicable Transportation.--The Secretary shall prescribe 
by regulation the hazardous material and amounts of hazardous 
material to which this section applies. However, this section 
shall apply at least to transportation by a motor carrier, in 
amounts the Secretary establishes, of--
          (1) a class A or B explosive;
          (2) liquefied natural gas;
          (3) hazardous material the Secretary designates as 
        extremely toxic by inhalation; and
          (4) a highway-route-controlled quantity of 
        radioactive material, as defined by the Secretary.
  (c) Applications.--A motor carrier shall file an application 
with the Secretary for a safety permit to provide 
transportation under this section. The Secretary may approve 
any part of the application or deny the application. The 
application shall be under oath and contain information the 
Secretary requires by regulation.
  (d) Amendments, Suspensions, and Revocations.--(1) After 
notice and an opportunity for a hearing, the Secretary may 
amend, suspend, or revoke a safety permit, as provided by 
procedures prescribed under subsection (e) of this section, 
when the Secretary decides the motor carrier is not complying 
with a requirement of this chapter, a regulation prescribed 
under this chapter, or an applicable United States motor 
carrier safety law or regulation or minimum financial 
responsibility law or regulation.
  (2) If the Secretary decides an imminent hazard exists, the 
Secretary may amend, suspend, or revoke a permit before 
scheduling a hearing.
  (e) Procedures.--The Secretary shall prescribe by 
regulation--
          (1) application procedures, including form, content, 
        and fees necessary to recover the complete cost of 
        carrying out this section;
          (2) standards for deciding the duration, terms, and 
        limitations of a safety permit;
          (3) procedures to amend, suspend, or revoke a permit; 
        and
          (4) other procedures the Secretary considers 
        appropriate to carry out this section.
  (f) Shipper Responsibility.--A person offering hazardous 
material for motor vehicle transportation in commerce may offer 
the material to a motor carrier only if the carrier has a 
safety permit issued under this section authorizing the 
transportation.
  (g) Conditions.--A motor carrier may provide transportation 
under a safety permit issued under this section only if the 
carrier complies with conditions the Secretary finds are 
required to protect public safety.
  [(h) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section not later than November 16, 
1991.]
  (h) Limitation on Denial.--The Secretary may not deny a non-
temporary permit held by a motor carrier pursuant to this 
section based on a comprehensive review of that carrier 
triggered by safety management system scores or out-of-service 
disqualification standards, unless--
          (1) the carrier has the opportunity, prior to the 
        denial of such permit, to submit a written description 
        of corrective actions taken and other documentation the 
        carrier wishes the Secretary to consider, including a 
        corrective action plan; and
          (2) the Secretary determines the actions or plan is 
        insufficient to address the safety concerns identified 
        during the course of the comprehensive review.

           *       *       *       *       *       *       *


Sec. 5111. Comprehensive oil spill response plans

  (a) Requirements.--Not later than 120 days after the date of 
enactment of this section, the Secretary shall issue such 
regulations as are necessary to require any railroad carrier 
transporting a Class 3 flammable liquid to maintain a 
comprehensive oil spill response plan.
  (b) Contents.--The regulations under subsection (a) shall 
require each railroad carrier described in that subsection to--
          (1) include in the comprehensive oil spill response 
        plan procedures and resources, including equipment, for 
        responding, to the maximum extent practicable, to a 
        worst-case discharge;
          (2) ensure that the comprehensive oil spill response 
        plan is consistent with the National Contingency Plan 
        and each applicable Area Contingency Plan;
          (3) include in the comprehensive oil spill response 
        plan appropriate notification and training procedures 
        and procedures for coordinating with Federal, State, 
        and local emergency responders;
          (4) review and update its comprehensive oil spill 
        response plan as appropriate; and
          (5) provide the comprehensive oil spill response plan 
        for acceptance by the Secretary.
  (c) Savings Clause.--Nothing in the section may be construed 
to prohibit the Secretary from promulgating differing 
comprehensive oil response plan standards for Class I 
railroads, Class II railroads, and Class III railroads.
  (d) Response Plans.--The Secretary shall--
          (1) maintain on file a copy of the most recent 
        comprehensive oil spill response plans prepared by a 
        railroad carrier transporting a Class 3 flammable 
        liquid; and
          (2) provide to a person, upon written request, a copy 
        of the plan, which may exclude, as the Secretary 
        determines appropriate--
                  (A) proprietary information;
                  (B) security-sensitive information, including 
                information described in section 1520.5(a) of 
                title 49, Code of Federal Regulations;
                  (C) specific response resources and tactical 
                resource deployment plans; and
                  (D) the specific amount and location of 
                worst-case discharges, including the process by 
                which a railroad carrier determines the worst-
                case discharge.
  (e) Relationship to FOIA.--Nothing in this section may be 
construed to require disclose of information or records that 
are exempt from disclosure under section 552 of title 5.
  (f) Definitions.--
          (1) Area contingency plan.--The term ``Area 
        Contingency Plan'' has the meaning given the term in 
        section 311(a) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1321(a)).
          (2) Class 3 flammable liquid.--The term ``Class 3 
        flammable liquid'' has the meaning given the term 
        flammable liquid in section 173.120 of title 49, Code 
        of Federal Regulations.
          (3) Class i railroad; class ii railroad; and class 
        iii railroad.--The terms ``Class I railroad'', ``Class 
        II railroad'', and ``Class III railroad'' have the 
        meaning given those terms in section 20102.
          (4) National contingency plan.--The term ``National 
        Contingency Plan'' has the meaning given the term in 
        section 1001 of the Oil Pollution Act of 1990 (33 
        U.S.C. 2701).
          (5) Railroad carrier.--The term ``railroad carrier'' 
        has the meaning given the term in section 20102.
          (6) Worst-case discharge.--The term ``worst-case 
        discharge'' means the largest foreseeable discharge of 
        oil in the event of an accident or incident, as 
        determined by each railroad carrier in accordance with 
        regulations issued under this section.

           *       *       *       *       *       *       *


Sec. 5115. Training curriculum for the public sector

  (a) In General.--In coordination with the Administrator of 
the Federal Emergency Management Agency, the Chairman of the 
Nuclear Regulatory Commission, the Administrator of the 
Environmental Protection Agency, the Secretaries of Labor, 
Energy, and Health and Human Services, and the Director of the 
National Institute of Environmental Health Sciences, and using 
existing coordinating mechanisms of the National Response Team 
and, for radioactive material, the Federal Radiological 
Preparedness Coordinating Committee, the Secretary of 
Transportation shall maintain, and update periodically, a 
current curriculum of courses, including online curriculum as 
appropriate, necessary to train public sector emergency 
response and preparedness teams in matters relating to the 
transportation of hazardous material. Only in developing the 
curriculum, the Secretary of Transportation shall consult with 
regional response teams established under the national 
contingency plan established under section 105 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605), representatives of 
commissions established under section 301 of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001), persons (including governmental entities) that provide 
training for responding to accidents and incidents involving 
the transportation of hazardous material, and representatives 
of persons that respond to those accidents and incidents.
  (b) Requirements.--The curriculum maintained and updated 
under subsection (a) of this section--
          (1) shall include--
                  (A) a recommended course of study to train 
                public sector employees to respond to an 
                accident or incident involving the 
                transportation of hazardous material and to 
                plan for those responses;
                  (B) recommended courses and minimum number of 
                hours of instruction necessary for public 
                sector employees to be able to respond safely 
                and efficiently to an accident or incident 
                involving the transportation of hazardous 
                material and to plan those responses; and
                  (C) appropriate emergency response training 
                and planning programs for public sector 
                employees developed with Federal financial 
                assistance, including programs developed with 
                grants made under section 126(g) of the 
                Superfund Amendments and Reauthorization Act of 
                1986 (42 U.S.C. 9660a); and
          (2) may include recommendations on material 
        appropriate for use in a recommended course described 
        in clause (1)(B) of this subsection.
  (c) Training on Complying With Legal Requirements.--A 
recommended course described in subsection (b)(1)(B) of this 
section shall provide the training necessary for public sector 
employees to comply with--
          (1) regulations related to hazardous waste operations 
        and emergency response contained in part 1910 of title 
        29, Code of Federal Regulations, prescribed by the 
        Secretary of Labor;
          (2) regulations related to worker protection 
        standards for hazardous waste operations contained in 
        part 311 of title 40, Code of Federal Regulations, 
        prescribed by the Administrator; and
          (3) standards related to emergency response training 
        prescribed by the National Fire Protection Association 
        and such other voluntary consensus standard-setting 
        organizations as the Secretary of Transportation 
        determines appropriate.
  (d) Distribution and Publication.--With the National Response 
Team--
          (1) the Secretary shall distribute the curriculum and 
        any updates to the curriculum to the regional response 
        teams and all committees and commissions established 
        under section 301 of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11001); 
        and
          (2) the Secretary may publish and distribute a list 
        of programs and courses maintained and updated under 
        this section and of any programs utilizing such 
        courses.

Sec. 5116. Planning and training grants, monitoring, and review

  [(a) Planning 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; and
          [(B) to decide on the need for a regional hazardous 
        material emergency response team.
  [(2) The Secretary may make a grant to a State or Indian 
tribe under paragraph (1) of this subsection in a fiscal year 
only if--
          [(A) the State or Indian tribe certifies that the 
        total amount the State or Indian tribe expends (except 
        amounts of the United States Government) to develop, 
        improve, and carry out emergency plans under the Act 
        will at least equal the average level of expenditure 
        for the last 5 fiscal years; and
          [(B) the State agrees to make available at least 75 
        percent of the amount of the grant under paragraph (1) 
        of this subsection in the fiscal year to local 
        emergency planning committees established under section 
        301(c) of the Act (42 U.S.C. 11001(c)) to develop 
        emergency plans under the Act.
  [(3) A State or Indian tribe receiving a grant under this 
subsection shall ensure that planning under the grant is 
coordinated with emergency planning conducted by adjacent 
States and Indian tribes.
  [(b) Training Grants.--(1) The Secretary shall make grants to 
States and Indian tribes to train public sector employees to 
respond to accidents and incidents involving hazardous 
material. To the extent that a grant is used to train emergency 
responders, 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.
  [(2) The Secretary may make a grant under paragraph (1) of 
this subsection in a fiscal year--
          [(A) to a State or Indian tribe only if the State or 
        tribe certifies that the total amount the State or 
        tribe expends (except amounts of the Government) to 
        train public sector employees to respond to an accident 
        or incident involving hazardous material will at least 
        equal the average level of expenditure for the last 5 
        fiscal years;
          [(B) to a State or Indian tribe only if the State or 
        tribe makes an agreement with the Secretary that the 
        State or tribe will use in that fiscal year, for 
        training public sector employees to respond to an 
        accident or incident involving hazardous material--
                  [(i) a course developed or identified under 
                section 5115 of this title; or
                  [(ii) another course the Secretary decides is 
                consistent with the objectives of this section; 
                and
          [(C) to a State only if the State agrees to make 
        available at least 75 percent of the amount of the 
        grant under paragraph (1) of this subsection in the 
        fiscal year for training public sector employees a 
        political subdivision of the State employs or uses.
  [(3) A grant under this subsection 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 the Secretary approves 
        authorizing a person (including an authority of a State 
        or political subdivision of a State or Indian tribe) to 
        provide the training--
                  [(i) if the agreement allows the Secretary 
                and the State or tribe to conduct random 
                examinations, inspections, and audits of the 
                training without prior notice; and
                  [(ii) if the State or tribe conducts at least 
                one on-site observation of the training each 
                year.
  [(4) The Secretary shall allocate amounts made available for 
grants under this subsection for a fiscal year among eligible 
States and Indian tribes based on the needs of the States and 
tribes for emergency response training. In making a decision 
about those needs, the Secretary shall consider--
          [(A) the number of hazardous material facilities in 
        the State or on land under the jurisdiction of the 
        tribe;
          [(B) the types and amounts of hazardous material 
        transported in the State or on that land;
          [(C) whether the State or tribe imposes and collects 
        a fee on transporting hazardous material;
          [(D) whether the fee is used only to carry out a 
        purpose related to transporting hazardous material; and
          [(E) other factors the Secretary decides are 
        appropriate to carry out this subsection.]
  (a) Planning and Training Grants.--(1) The Secretary shall 
make grants to States and Indian tribes--
          (A) to develop, improve, and carry out emergency 
        plans under the Emergency Planning and Community Right-
        To-Know Act of 1986 (42 U.S.C. 11001 et seq.), 
        including ascertaining flow patterns of hazardous 
        material on lands under the jurisdiction of a State or 
        Indian tribe, and between lands under the jurisdiction 
        of a State or Indian tribe and lands of another State 
        or Indian tribe;
          (B) to decide on the need for regional hazardous 
        material emergency response teams; and
          (C) to train public sector employees to respond to 
        accidents and incidents involving hazardous material.
  (2) To the extent that a grant is used to train emergency 
responders under paragraph (1)(C), the State or Indian tribe 
shall provide written certification to the Secretary that the 
emergency responders who receive training under the grant will 
have the ability to protect nearby persons, property, and the 
environment from the effects of accidents or incidents 
involving the transportation of hazardous material in 
accordance with existing regulations or National Fire 
Protection Association standards for competence of responders 
to accidents and incidents involving hazardous materials.
  (3) The Secretary may make a grant to a State or Indian tribe 
under paragraph (1) of this subsection only if--
          (A) the State or Indian tribe certifies that the 
        total amount the State or Indian tribe expends (except 
        amounts of the Federal Government) for the purpose of 
        the grant will at least equal the average level of 
        expenditure for the last 5 years; and
          (B) any emergency response training provided under 
        the grant shall consist of--
                  (i) a course developed or identified under 
                section 5115 of this title; or
                  (ii) any other course the Secretary 
                determines is consistent with the objectives of 
                this section.
  (4) A State or Indian tribe receiving a grant under this 
subsection shall ensure that planning and emergency response 
training under the grant is coordinated with adjacent States 
and Indian tribes.
  (5) A training grant under paragraph (1)(C) may be used--
          (A) to pay--
                  (i) the tuition costs of public sector 
                employees being trained;
                  (ii) travel expenses of those employees to 
                and from the training facility;
                  (iii) room and board of those employees when 
                at the training facility; and
                  (iv) travel expenses of individuals providing 
                the training;
          (B) by the State, political subdivision, or Indian 
        tribe to provide the training; and
          (C) to make an agreement with a person (including an 
        authority of a State, a political subdivision of a 
        State or Indian tribe, or a local jurisdiction), 
        subject to approval by the Secretary, to provide the 
        training--
                  (i) if the agreement allows the Secretary and 
                the State or Indian tribe to conduct random 
                examinations, inspections, and audits of the 
                training without prior notice;
                  (ii) the person agrees to have an auditable 
                accounting system; and
                  (iii) if the State or Indian tribe conducts 
                at least one on-site observation of the 
                training each year.
  (6) The Secretary shall allocate amounts made available for 
grants under this subsection among eligible States and Indian 
tribes based on the needs of the States and Indian tribes for 
emergency response training. In making a decision about those 
needs, the Secretary shall consider--
          (A) the number of hazardous material facilities in 
        the State or on land under the jurisdiction of the 
        Indian tribe;
          (B) the types and amounts of hazardous material 
        transported in the State or on such land;
          (C) whether the State or Indian tribe imposes and 
        collects a fee on transporting hazardous material;
          (D) whether such fee is used only to carry out a 
        purpose related to transporting hazardous material;
          (E) the past record of the State or Indian tribe in 
        effectively managing planning and training grants; and
          (F) any other factors the Secretary determines are 
        appropriate to carry out this subsection.
  [(c)] (b) Compliance With Certain Law.--The Secretary may 
make a grant to a State under this section in a fiscal year 
only if the State certifies that the State complies with 
sections 301 and 303 of the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).
  [(d)] (c) Applications.--A State or Indian tribe interested 
in receiving a grant under this section shall submit an 
application to the Secretary. The application must be submitted 
at the time, and contain information, the Secretary requires by 
regulation to carry out the objectives of this section.
  [(e)] (d) Government's Share of Costs.--A grant under this 
section is for 80 percent of the cost the State or Indian tribe 
incurs in the fiscal year to carry out the activity for which 
the grant is made. Amounts of the State or tribe under 
[subsections (a)(2)(A) and (b)(2)(A)] subsection (a)(3)(A) of 
this section are not part of the non-Government share under 
this subsection.
  [(f)] (e) Monitoring and Technical Assistance.--In 
coordination with the Secretaries of Transportation and Energy, 
Administrator of the Environmental Protection Agency, and 
Director of the National Institute of Environmental Health 
Sciences, the Administrator of the Federal Emergency Management 
Agency shall monitor public sector emergency response planning 
and training for an accident or incident involving hazardous 
material. Considering the results of the monitoring, the 
Secretaries, Administrators, and Director each shall provide 
technical assistance to a State, political subdivision of a 
State, or Indian tribe for carrying out emergency response 
training and planning for an accident or incident involving 
hazardous material and shall coordinate the assistance using 
the existing coordinating mechanisms of the National Response 
Team and, for radioactive material, the Federal Radiological 
Preparedness Coordinating Committee.
  [(g)] (f) Delegation of Authority.--To minimize 
administrative costs and to coordinate Federal financial 
assistance for emergency response training and planning, the 
Secretary may delegate to the Administrator of the Federal 
Emergency Management Agency, Director of the National Institute 
of Environmental Health Sciences, Chairman of the Nuclear 
Regulatory Commission, Administrator of the Environmental 
Protection Agency, and Secretaries of Labor and Energy any of 
the following:
          (1) authority to receive applications for grants 
        under this section.
          (2) authority to review applications for technical 
        compliance with this section.
          (3) authority to review applications to recommend 
        approval or disapproval.
          (4) any other ministerial duty associated with grants 
        under this section.
  [(h)] (g) Minimizing Duplication of Effort and Expenses.--The 
Secretaries of Transportation, Labor, and Energy, Administrator 
of the Federal Emergency Management Agency, Director of the 
National Institute of Environmental Health Sciences, Chairman 
of the Nuclear Regulatory Commission, and Administrator of the 
Environmental Protection Agency shall review periodically, with 
the head of each department, agency, or instrumentality of the 
Government, all emergency response and preparedness training 
programs of that department, agency, or instrumentality to 
minimize duplication of effort and expense of the department, 
agency, or instrumentality in carrying out the programs and 
shall take necessary action to minimize duplication.
  [(i)] (h) Annual Registration Fee Account and Its Uses.--The 
Secretary of the Treasury shall establish an account in the 
Treasury (to be known as the ``Hazardous Materials Emergency 
Preparedness Fund'') into which the Secretary of the Treasury 
shall deposit amounts the Secretary of Transportation transfers 
to the Secretary of the Treasury under section 5108(g)(2)(C) of 
this title. Without further appropriation, amounts in the 
account are available--
          (1) to make grants under this section and section 
        5107(e);
          (2) to monitor and provide technical assistance under 
        subsection [(f)] (e) of this section;
          (3) to publish and distribute an emergency response 
        guide; and
          (4) to pay administrative costs of carrying out this 
        section and sections [5108(g)(2) and 5115] 5107(e) and 
        5108(g)(2) of this title, except that not more than 2 
        percent of the amounts made available from the account 
        in a fiscal year may be used to pay those costs.
  [(j)] (i) Supplemental Training Grants.--
          (1) In order to further the purposes of [subsection 
        (b)] subsection (a), the Secretary shall, subject to 
        the availability of funds and through a competitive 
        process, make a grant or make grants to national 
        nonprofit fire service organizations for the purpose of 
        training instructors to conduct hazardous materials 
        response training programs for individuals with 
        statutory responsibility to respond to hazardous 
        materials accidents and incidents.
          (2) For the purposes of this subsection the 
        Secretary, after consultation with interested 
        organizations, shall--
                  (A) identify regions or locations in which 
                fire departments or other organizations which 
                provide emergency response to hazardous 
                materials transportation accidents and 
                incidents are in need of hazardous materials 
                training; and
                  (B) prioritize such needs and develop a means 
                for identifying additional specific training 
                needs.
          (3) Funds granted to an organization under this 
        subsection shall only be used--
                  (A) to provide training, including portable 
                training, for instructors to conduct hazardous 
                materials response training programs;
                  (B) to purchase training equipment used 
                exclusively to train instructors to conduct 
                such training programs; and
                  (C) to disseminate such information and 
                materials as are necessary for the conduct of 
                such training programs.
          (4) The Secretary may only make a grant to an 
        organization under this subsection in a fiscal year if 
        the organization enters into an agreement with the 
        Secretary to provide training, including portable 
        training, for instructors to conduct hazardous 
        materials response training programs in such fiscal 
        year that will use--
                  (A) a course or courses developed or 
                identified under section 5115 of this title; or
                  (B) other courses which the Secretary 
                determines are consistent with the objectives 
                of this subsection;
        for training individuals with statutory responsibility 
        to respond to accidents and incidents involving 
        hazardous materials. Such agreement also shall provide 
        that training courses shall comply with Federal 
        regulations and national consensus standards for 
        hazardous materials response and be open to all such 
        individuals on a nondiscriminatory basis.
          (5) The Secretary may not award a grant to an 
        organization under this subsection unless the 
        organization ensures that 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.
          (6) Notwithstanding paragraphs (1) and (3), to the 
        extent determined appropriate by the Secretary, a grant 
        awarded by the Secretary to an organization under this 
        subsection to conduct hazardous material response 
        training programs may be used to train individuals with 
        responsibility to respond to accidents and incidents 
        involving hazardous material.
          (7) For the purposes of this subsection, the term 
        ``portable training'' means live, instructor-led 
        training provided by certified fire service instructors 
        that can be offered in any suitable setting, rather 
        than specific designated facilities. Under this 
        training delivery model, instructors travel to 
        locations convenient to students and utilize local 
        facilities and resources.
          (8) The Secretary may impose such additional terms 
        and conditions on grants to be made under this 
        subsection as the Secretary determines are necessary to 
        protect the interests of the United States and to carry 
        out the objectives of this subsection.
  [(k)] (j) Reports.--The Secretary shall submit an annual 
report to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate and make available 
the report to the public. The report submitted under this 
subsection shall include information on the allocation and uses 
of the [planning grants allocated under subsection (a), 
training grants under subsection (b), and grants under 
subsection (j)] planning and training grants under subsection 
(a) and grants under subsection (i) of this section and under 
section 5107. The report submitted under this subsection shall 
identify the ultimate recipients of such grants and include--
          [(A)] (1) a detailed accounting and description of 
        each grant expenditure by each grant recipient, 
        including the amount of, and purpose for, each 
        expenditure;
          [(B)] (2) the number of persons trained under the 
        grant program, by training level;
          [(C)] (3) an evaluation of the efficacy of such 
        planning and training programs; and
          [(D)] (4) any recommendations the Secretary may have 
        for improving such grant programs.

Sec. 5117. Special permits and exclusions

  (a) Authority To Issue Special Permits.--(1) As provided 
under procedures prescribed by regulation, the Secretary may 
issue, modify, or terminate a special permit authorizing a 
variance from this chapter or a regulation prescribed under 
section 5103(b), 5104, 5110, or 5112 of this title to a person 
performing a function regulated by the Secretary under section 
5103(b)(1) in a way that achieves a safety level--
          (A) at least equal to the safety level required under 
        this chapter; or
          (B) consistent with the public interest and this 
        chapter, if a required safety level does not exist.
  (2) A special permit issued under this section shall be 
effective for an initial period of not more than 2 years and 
may be renewed by the Secretary upon application for successive 
periods of not more than 4 years each or, in the case of a 
special permit relating to section 5112, for an additional 
period of not more than 2 years.
  (b) Applications.--When applying for a special permit or 
renewal of a special permit under this section, the person must 
provide a safety analysis prescribed by the Secretary that 
justifies the special permit. 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. The Secretary shall publish in the Federal 
Register notice that [an application for a special permit] an 
application for a new special permit or a modification to an 
existing special permit has been filed and shall give the 
public an opportunity to inspect the safety analysis and 
comment on the application. This subsection does not require 
the release of information protected by law from public 
disclosure.
  (c) Applications To Be Dealt With Promptly.--The Secretary 
shall issue or renew [the special permit] a special permit or 
approval for which an application was filed or deny such 
issuance or renewal within [180] 120 days after the first day 
of the month following the date of the filing of such 
application, or the Secretary shall [publish] make available to 
the public a statement [in the Federal Register] of the reason 
why the Secretary's decision on [the special permit] a special 
permit or approval is delayed, along with an estimate of the 
additional time necessary before the decision is made.
  (d) Exclusions.--(1) The Secretary shall exclude, in any 
part, from this chapter and regulations prescribed under this 
chapter--
          (A) a public vessel (as defined in section 2101 of 
        title 46);
          (B) a vessel exempted under section 3702 of title 46 
        from chapter 37 of title 46; and
          (C) a vessel to the extent it is regulated under the 
        Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 
        et seq.).
  (2) This chapter and regulations prescribed under this 
chapter do not prohibit--
          (A) or regulate transportation of a firearm (as 
        defined in section 232 of title 18), or ammunition for 
        a firearm, by an individual for personal use; or
          (B) transportation of a firearm or ammunition in 
        commerce.
  (e) Limitation on Authority.--Unless the Secretary decides 
that an emergency exists, a special permit or renewal granted 
under this section is the only way a person subject to this 
chapter may be granted a variance from this chapter.
  (f) Incorporation Into Regulations.--
          (1) In general.--Not later than 1 year after the date 
        on which a special permit has been in continuous effect 
        for a 10-year period, the Secretary shall conduct a 
        review and analysis of that special permit to determine 
        whether it may be converted into the hazardous 
        materials regulations.
          (2) Factors.--In conducting the review and analysis 
        under paragraph (1), the Secretary may consider--
                  (A) the safety record for hazardous materials 
                transported under the special permit;
                  (B) the application of a special permit;
                  (C) the suitability of provisions in the 
                special permit for incorporation into the 
                hazardous materials regulations; and
                  (D) rulemaking activity in related areas.
          (3) Rulemaking.--After completing the review and 
        analysis under paragraph (1) and after providing notice 
        and opportunity for public comment, the Secretary shall 
        either institute a rulemaking to incorporate the 
        special permit into the hazardous materials regulations 
        or publish in the Federal Register the Secretary's 
        justification for why the special permit is not 
        appropriate for incorporation into the regulations.
  (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. 5118. Hazardous material technical assessment, research and 
                    development, and analysis program

  (a) Risk Reduction.--
          (1) Program authorized.--The Secretary of 
        Transportation may develop and implement a hazardous 
        material technical assessment, research and 
        development, and analysis program for the purpose of--
                  (A) reducing the risks associated with the 
                transportation of hazardous material; and
                  (B) identifying and evaluating new 
                technologies to facilitate the safe, secure, 
                and efficient transportation of hazardous 
                material.
          (2) Coordination.--In developing the program under 
        paragraph (1), the Secretary shall--
                  (A) utilize information gathered from other 
                modal administrations with similar programs; 
                [and]
                  (B) coordinate with other modal 
                administrations, as appropriate[.]; and
                  (C) coordinate, as appropriate, with other 
                Federal agencies.
  (b) Cooperation.--In carrying out subsection (a), the 
Secretary shall work cooperatively with regulated and other 
entities, including shippers, carriers, emergency responders, 
State and local officials, and academic institutions.
  (c) Cooperative Research.--
          (1) In general.--As part of the program established 
        in subsection (a), the Secretary may carry out 
        cooperative research on hazardous materials transport.
          (2) National academies.--The Secretary may enter into 
        an agreement with the National Academies to support 
        such research.
          (3) Research.--Research conducted under this 
        subsection may include activities related to--
                  (A) emergency planning and response, 
                including information and programs that can be 
                readily assessed and implemented in local 
                jurisdictions;
                  (B) risk analysis and perception and data 
                assessment;
                  (C) commodity flow data, including voluntary 
                collaboration between shippers and first 
                responders for secure data exchange of critical 
                information;
                  (D) integration of safety and security;
                  (E) cargo packaging and handling;
                  (F) hazmat release consequences; and
                  (G) materials and equipment testing.

           *       *       *       *       *       *       *


Sec. 5121. Administrative

  (a) General Authority.--To carry out this chapter, the 
Secretary may investigate, conduct tests, make reports, issue 
subpenas, conduct hearings, require the production of records 
and property, take depositions, and conduct research, 
development, demonstration, and training activities. Except as 
provided in subsections (c) and (d), after notice and an 
opportunity for a hearing, the Secretary may issue an order 
requiring compliance with this chapter or a regulation 
prescribed, or an order, special permit, or approval issued, 
under this chapter.
  (b) Records, Reports, and Information.--A person subject to 
this chapter shall--
          (1) maintain records and property, make reports, and 
        provide information the Secretary by regulation or 
        order requires; and
          (2) make the records, property, reports, and 
        information available for inspection when the Secretary 
        undertakes an investigation or makes a request.
  (c) Inspections and Investigations.--
          (1) In general.--A designated officer, employee, or 
        agent of the Secretary--
                  (A) may inspect and investigate, at a 
                reasonable time and in a reasonable manner, 
                records and property relating to a function 
                described in section 5103(b)(1);
                  (B) except in the case of packaging 
                immediately adjacent to its hazardous material 
                contents, may gain access to, open, and examine 
                a package offered for, or in, transportation 
                when the officer, employee, or agent has an 
                objectively reasonable and articulable belief 
                that the package may contain a hazardous 
                material;
                  (C) may remove from transportation a package 
                or related packages in a shipment offered for 
                or in transportation for which--
                          (i) such officer, employee, or agent 
                        has an objectively reasonable and 
                        articulable belief that the package may 
                        pose an imminent hazard; and
                          (ii) such officer, employee, or agent 
                        contemporaneously documents such belief 
                        in accordance with procedures set forth 
                        in guidance or regulations prescribed 
                        under subsection (e);
                  (D) may gather information from the offeror, 
                carrier, packaging manufacturer or tester, or 
                other person responsible for the package, to 
                ascertain the nature and hazards of the 
                contents of the package;
                  (E) as necessary, under terms and conditions 
                specified by the Secretary, may order the 
                offeror, carrier, packaging manufacturer or 
                tester, or other person responsible for the 
                package to have the package transported to, 
                opened, and the contents examined and analyzed, 
                at a facility appropriate for the conduct of 
                such examination and analysis;
                  (F) when safety might otherwise be 
                compromised, may authorize properly qualified 
                personnel to assist in the activities conducted 
                under this subsection; and
                  (G) shall provide to the affected offeror, 
                carrier, packaging manufacturer or tester, or 
                other person responsible for the package 
                reasonable notice of--
                          (i) his or her decision to exercise 
                        his or her authority under paragraph 
                        (1);
                          (ii) any findings made; and
                          (iii) any actions being taken as a 
                        result of a finding of noncompliance.
          (2) Display of credentials.--An officer, employee, or 
        agent acting under this subsection shall display proper 
        credentials, in person or in writing, when requested.
          (3) Safe resumption of transportation.--In instances 
        when, as a result of an inspection or investigation 
        under this subsection, an imminent hazard is not found 
        to exist, the Secretary, in accordance with procedures 
        set forth in regulations prescribed under subsection 
        (e), shall assist--
                  (A) in the safe and prompt resumption of 
                transportation of the package concerned; or
                  (B) in any case in which the hazardous 
                material being transported is perishable, in 
                the safe and expeditious resumption of 
                transportation of the perishable hazardous 
                material.
  (d) Emergency Orders.--
          (1) In general.--If, upon inspection, investigation, 
        testing, or research, the Secretary determines that a 
        violation of a provision of this chapter, or a 
        regulation prescribed under this chapter, or an unsafe 
        condition or practice, constitutes or is causing an 
        imminent hazard, the Secretary may issue or impose 
        emergency restrictions, prohibitions, recalls, or out-
        of-service orders, without notice or an opportunity for 
        a hearing, but only to the extent necessary to abate 
        the imminent hazard.
          (2) Written orders.--The action of the Secretary 
        under paragraph (1) shall be in a written emergency 
        order that--
                  (A) describes the violation, condition, or 
                practice that constitutes or is causing the 
                imminent hazard;
                  (B) states the restrictions, prohibitions, 
                recalls, or out-of-service orders issued or 
                imposed; and
                  (C) describes the standards and procedures 
                for obtaining relief from the order.
          (3) Opportunity for review.--After taking action 
        under paragraph (1), the Secretary shall provide for 
        review of the action under section 554 of title 5 if a 
        petition for review is filed within 20 calendar days of 
        the date of issuance of the order for the action.
          (4) Expiration of effectiveness of order.--If a 
        petition for review of an action is filed under 
        paragraph (3) and the review under that paragraph is 
        not completed by the end of the 30-day period beginning 
        on the date the petition is filed, the action shall 
        cease to be effective at the end of such period unless 
        the Secretary determines, in writing, that the imminent 
        hazard providing a basis for the action continues to 
        exist.
          (5) Out-of-service order defined.--In this 
        subsection, the term ``out-of-service order'' means a 
        requirement that an aircraft, vessel, motor vehicle, 
        train, railcar, locomotive, other vehicle, transport 
        unit, transport vehicle, freight container, potable 
        tank, or other package not be moved until specified 
        conditions have been met.
  (e) Regulations.--
          (1) Temporary regulations.--Not later than 60 days 
        after the date of enactment of the Hazardous Materials 
        Transportation Safety and Security Reauthorization Act 
        of 2005, the Secretary shall issue temporary 
        regulations to carry out subsections (c) and (d). The 
        temporary regulations shall expire on the date of 
        issuance of the regulations under paragraph (2).
          (2) Final regulations.--Not later than 1 year after 
        such date of enactment, the Secretary shall issue 
        regulations to carry out subsections (c) and (d) in 
        accordance with subchapter II of chapter 5 of title 5.
          (3) Matters to be addressed.--The regulations issued 
        under this subsection shall address--
                  (A) the safe and expeditious resumption of 
                transportation of perishable hazardous 
                material, including radiopharmaceuticals and 
                other medical products, that may require timely 
                delivery due to life-threatening situations;
                  (B) the means by which--
                          (i) noncompliant packages that 
                        present an imminent hazard are placed 
                        out-of-service until the condition is 
                        corrected; and
                          (ii) noncompliant packages that do 
                        not present a hazard are moved to their 
                        final destination;
                  (C) appropriate training and equipment for 
                inspectors; and
                  (D) the proper closure of packaging in 
                accordance with the hazardous material 
                regulations.
  (f) Facility, Staff, and Reporting System on Risks, 
Emergencies, and Actions.--(1) The Secretary shall--
          (A) maintain a facility and technical staff 
        sufficient to provide, within the United States 
        Government, the capability of evaluating a risk related 
        to the transportation of hazardous material and 
        material alleged to be hazardous;
          (B) maintain a central reporting system and 
        information center capable of providing information and 
        advice to law enforcement and firefighting personnel, 
        other interested individuals, and officers and 
        employees of the Government and State and local 
        governments on meeting an emergency related to the 
        transportation of hazardous material; and
          (C) conduct a continuous review on all aspects of 
        transporting hazardous material to decide on and take 
        appropriate actions to ensure safe transportation of 
        hazardous material.
  (2) Paragraph (1) of this subsection does not prevent the 
Secretary from making a contract with a private entity for use 
of a supplemental reporting system and information center 
operated and maintained by the contractor.
  (g) Grants and Cooperative Agreements.--The Secretary may 
enter into grants and cooperative agreements with a person, 
agency, or instrumentality of the United States, a unit of 
State or local government, an Indian tribe, a foreign 
government (in coordination with the Department of State), an 
educational institution, or other appropriate entity--
          (1) to expand risk assessment and emergency response 
        capabilities with respect to the safety and security of 
        transportation of hazardous material;
          (2) to enhance emergency communications capacity as 
        determined necessary by the Secretary, including the 
        use of integrated, interoperable emergency 
        communications technologies where appropriate;
          (3) to conduct research, development, demonstration, 
        risk assessment, and emergency response planning and 
        training activities; or
          (4) to otherwise carry out this chapter.
  (h) Report.--The Secretary shall, once every 2 years, prepare 
and [transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate] make available to the public on the Department of 
Transportation's Internet Web site a comprehensive report on 
the transportation of hazardous materials during the preceding 
2 calendar years. The report shall include--
          (1) a statistical compilation of accidents and 
        casualties related to the transportation of hazardous 
        material;
          (2) a list and summary of applicable Government 
        regulations, criteria, orders, and special permits;
          (3) a summary of the basis for each special permit;
          (4) an evaluation of the effectiveness of enforcement 
        activities relating to a function regulated by the 
        Secretary under section 5103(b)(1) and the degree of 
        voluntary compliance with regulations;
          (5) a summary of outstanding problems in carrying out 
        this chapter in order of priority; and
          (6) recommendations for appropriate legislation.

           *       *       *       *       *       *       *


[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) $42,338,000 for fiscal year 2013;
          [(2) $42,762,000 for fiscal year 2014;
          [(3) $42,762,000 for fiscal year 2015; and
          [(4) $3,388,246 for the period beginning on October 
        1, 2015, and ending on October 29, 2015.
  [(b) Hazardous Materials Emergency Preparedness Fund.--
          [(1) Fiscal years 2013 through 2015.--From the 
        Hazardous Materials Emergency Preparedness Fund 
        established under section 5116(i), the Secretary may 
        expend, during each of fiscal years 2013 through 2015--
                  [(A) $188,000 to carry out section 5115;
                  [(B) $21,800,000 to carry out subsections (a) 
                and (b) of section 5116, of which not less than 
                $13,650,000 shall be available to carry out 
                section 5116(b);
                  [(C) $150,000 to carry out section 5116(f);
                  [(D) $625,000 to publish and distribute the 
                Emergency Response Guidebook under section 
                5116(i)(3); and
                  [(E) $1,000,000 to carry out section 5116(j).
          [(2) Fiscal year 2016.--From the Hazardous Materials 
        Emergency Preparedness Fund established under section 
        5116(i), the Secretary may expend for the period 
        beginning on October 1, 2015, and ending on October 29, 
        2015--
                  [(A) $14,896 to carry out section 5115;
                  [(B) $1,727,322 to carry out subsections (a) 
                and (b) of section 5116, of which not less than 
                $1,081,557 shall be available to carry out 
                section 5116(b);
                  [(C) $11,885 to carry out section 5116(f);
                  [(D) $49,522 to publish and distribute the 
                Emergency Response Guidebook under section 
                5116(i)(3); and
                  [(E) $79,235 to carry out section 5116(j).
  [(c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to 
section 5116(i), the Secretary may expend $4,000,000 for each 
of fiscal years 2013 through 2015 and $316,940 for the period 
beginning on October 1, 2015, and ending on October 29, 2015, 
to carry out section 5107(e).
  [(d) Credits to Appropriations.--
          [(1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may 
        credit amounts received from a State, Indian tribe, or 
        other public authority or private entity for expenses 
        the Secretary incurs in providing training to the 
        State, authority, or entity.
          [(2) Availability of amounts.--Amounts made available 
        under this section shall remain available until 
        expended.]

Sec. 5128. Authorization of appropriations

  (a) In General.--There are authorized to be appropriated to 
the Secretary to carry out this chapter (except sections 
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
          (1) $53,000,000 for fiscal year 2016;
          (2) $55,000,000 for fiscal year 2017;
          (3) $57,000,000 for fiscal year 2018;
          (4) $58,000,000 for fiscal year 2019;
          (5) $60,000,000 for fiscal year 2020; and
          (6) $62,000,000 for fiscal year 2021.
  (b) Hazardous Materials Emergency Preparedness Fund.--From 
the Hazardous Materials Emergency Preparedness Fund established 
under section 5116(h), the Secretary may expend, for each of 
fiscal years 2016 through 2021--
          (1) $21,988,000 to carry out section 5116(a);
          (2) $150,000 to carry out section 5116(e);
          (3) $625,000 to publish and distribute the Emergency 
        Response Guidebook under section 5116(h)(3); and
          (4) $1,000,000 to carry out section 5116(i).
  (c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to 
section 5116(h), the Secretary may expend $5,000,000 for each 
of fiscal years 2016 through 2021 to carry out section 5107(e).
  (d) Credits to Appropriations.--
          (1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may 
        credit amounts received from a State, Indian tribe, or 
        other public authority or private entity for expenses 
        the Secretary incurs in providing training to the 
        State, Indian tribe, authority, or entity.
          (2) Availability of amounts.--Amounts made available 
        under this section shall remain available until 
        expended.

           *       *       *       *       *       *       *


                   CHAPTER 53--PUBLIC TRANSPORTATION

Sec.
5301. Policies and purposes.
     * * * * * * *
[5312. Research, development, demonstration, and deployment projects.
[5313. Transit cooperative research program.
[5314. Technical assistance and standards development.]
5312. Public transportation innovation.
5314. Technical assistance and workforce development.
     * * * * * * *
[5322. Human resources and training.]
     * * * * * * *
[5339. Bus and bus facilities formula grants.]
5339. Bus and bus facility grants.

           *       *       *       *       *       *       *


Sec. 5302. Definitions

   Except as otherwise specifically provided, in this chapter 
the following definitions apply:
          (1) Associated transit improvement.--The term 
        ``associated transit improvement'' means, with respect 
        to any project or an area to be served by a project, 
        projects that are designed to enhance public 
        transportation service or use and that are physically 
        or functionally related to transit facilities. Eligible 
        projects are--
                  (A) historic preservation, rehabilitation, 
                and operation of historic public transportation 
                buildings, structures, and facilities 
                (including historic bus and railroad 
                facilities) intended for use in public 
                transportation service;
                  (B) bus shelters;
                  (C) [landscaping and] streetscaping, 
                including benches, trash receptacles, and 
                street lights;
                  (D) pedestrian access and walkways;
                  (E) bicycle access, including bicycle storage 
                facilities and installing equipment for 
                transporting bicycles on public transportation 
                vehicles;
                  (F) signage; or
                  (G) enhanced access for persons with 
                disabilities to public transportation.
          (2) Bus rapid transit system.--The term ``bus rapid 
        transit system'' means a bus transit system--
                  (A) in which the majority of each line 
                operates in a separated right-of-way dedicated 
                for public transportation use during peak 
                periods; and
                  (B) 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.
          (3) Capital project.--The term ``capital project'' 
        means a project for--
                  (A) acquiring, constructing, supervising, or 
                inspecting equipment or a facility for use in 
                public transportation, expenses incidental to 
                the acquisition or construction (including 
                designing, engineering, location surveying, 
                mapping, and acquiring rights-of-way), payments 
                for the capital portions of rail trackage 
                rights agreements, transit-related intelligent 
                transportation systems, relocation assistance, 
                acquiring replacement housing sites, and 
                acquiring, constructing, relocating, and 
                rehabilitating replacement housing;
                  (B) rehabilitating a bus;
                  (C) remanufacturing a bus;
                  (D) overhauling rail rolling stock;
                  (E) preventive maintenance;
                  (F) leasing equipment or a facility for use 
                in public transportation, subject to 
                regulations that the Secretary prescribes 
                limiting the leasing arrangements to those that 
                are more cost-effective than purchase or 
                construction;
                  (G) a joint development improvement that--
                          (i) enhances economic development or 
                        incorporates private investment, such 
                        as commercial and residential 
                        development;
                          (ii)(I) enhances the effectiveness of 
                        public transportation and is related 
                        physically or functionally to public 
                        transportation; or
                          (II) establishes new or enhanced 
                        coordination between public 
                        transportation and other 
                        transportation;
                          (iii) provides a fair share of 
                        revenue that will be used for public 
                        transportation;
                          (iv) provides that a person making an 
                        agreement to occupy space in a facility 
                        constructed under this paragraph shall 
                        pay a fair share of the costs of the 
                        facility through rental payments and 
                        other means;
                          (v) may include--
                                  (I) property acquisition;
                                  (II) demolition of existing 
                                structures;
                                  (III) site preparation;
                                  (IV) utilities;
                                  (V) building foundations;
                                  (VI) walkways;
                                  (VII) pedestrian and bicycle 
                                access to a public 
                                transportation facility;
                                  (VIII) construction, 
                                renovation, and improvement of 
                                intercity bus and intercity 
                                rail stations and terminals;
                                  (IX) renovation and 
                                improvement of historic 
                                transportation facilities;
                                  (X) open space;
                                  (XI) safety and security 
                                equipment and facilities 
                                (including lighting, 
                                surveillance, and related 
                                intelligent transportation 
                                system applications);
                                  (XII) facilities that 
                                incorporate community services 
                                such as daycare or health care;
                                  (XIII) a capital project for, 
                                and improving, equipment or a 
                                facility for an intermodal 
                                transfer facility or 
                                transportation mall; and
                                  (XIV) construction of space 
                                for commercial uses; and
                          (vi) does not include outfitting of 
                        commercial space (other than an 
                        intercity bus or rail station or 
                        terminal) or a part of a public 
                        facility not related to public 
                        transportation;
                  (H) the introduction of new technology, 
                through innovative and improved products, into 
                public transportation;
                  (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 not to 
                exceed 10 percent of such recipient's annual 
                formula apportionment under sections 5307 and 
                5311;
                  (J) establishing a debt service reserve, made 
                up of deposits with a bondholder's trustee, to 
                ensure the timely payment of principal and 
                interest on bonds issued by a grant recipient 
                to finance an eligible project under this 
                chapter;
                  (K) mobility management--
                          (i) consisting of short-range 
                        planning and management activities and 
                        projects for improving coordination 
                        among public transportation and other 
                        transportation service providers 
                        carried out by a recipient or 
                        subrecipient through an agreement 
                        entered into with a person, including a 
                        governmental entity, under this chapter 
                        (other than section 5309); but (ii) 
                        excluding operating public 
                        transportation services; or
                  (L) associated capital maintenance, 
                including--
                          (i) equipment, tires, tubes, and 
                        material, each costing at least .5 
                        percent of the current fair market 
                        value of rolling stock comparable to 
                        the rolling stock for which the 
                        equipment, tires, tubes, and material 
                        are to be used; and
                          (ii) reconstruction of equipment and 
                        material, each of which after 
                        reconstruction will have a fair market 
                        value of at least .5 percent of the 
                        current fair market value of rolling 
                        stock comparable to the rolling stock 
                        for which the equipment and material 
                        will be used.
          (4) Designated recipient.--The term ``designated 
        recipient'' means--
                  (A) an entity designated, in accordance with 
                the planning process under sections 5303 and 
                5304, by the Governor of a State, responsible 
                local officials, and publicly owned operators 
                of public transportation, to receive and 
                apportion amounts under section 5336 to 
                urbanized areas of 200,000 or more in 
                population; or
                  (B) a State or regional authority, if the 
                authority is responsible under the laws of a 
                State for a capital project and for financing 
                and directly providing public transportation.
          (5) Disability.--The term ``disability'' has the same 
        meaning as in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102).
          (6) Emergency regulation.--The term ``emergency 
        regulation'' means a regulation--
                  (A) that is effective temporarily before the 
                expiration of the otherwise specified periods 
                of time for public notice and comment under 
                section 5334(c); and
                  (B) prescribed by the Secretary as the result 
                of a finding that a delay in the effective date 
                of the regulation--
                          (i) would injure seriously an 
                        important public interest;
                          (ii) would frustrate substantially 
                        legislative policy and intent; or
                          (iii) would damage seriously a person 
                        or class without serving an important 
                        public interest.
          (7) Fixed guideway.--The term ``fixed guideway'' 
        means a public transportation facility--
                  (A) using and occupying a separate right-of-
                way for the exclusive use of public 
                transportation;
                  (B) using rail;
                  (C) using a fixed catenary system;
                  (D) for a passenger ferry system; or
                  (E) for a bus rapid transit system.
          (8) Governor.--The term ``Governor''--
                  (A) means the Governor of a State, the mayor 
                of the District of Columbia, and the chief 
                executive officer of a territory of the United 
                States; and
                  (B) includes the designee of the Governor.
          (9) Job access and reverse commute project.--
                  (A) In general.--The term ``job access and 
                reverse commute project'' means a 
                transportation project to finance planning, 
                capital, and operating costs that support the 
                development and maintenance of transportation 
                services designed to transport welfare 
                recipients and eligible low-income individuals 
                to and from jobs and activities related to 
                their employment, including transportation 
                projects that facilitate the provision of 
                public transportation services from urbanized 
                areas and rural areas to suburban employment 
                locations.
                  (B) Definitions.--In this paragraph:
                          (i) Eligible low-income individual.--
                        The term ``eligible low-income 
                        individual'' means an individual whose 
                        family income is at or below 150 
                        percent of the poverty line (as that 
                        term is defined in section 673(2) of 
                        the Community Service Block Grant Act 
                        (42 U.S.C. 9902(2)), including any 
                        revision required by that section) for 
                        a family of the size involved.
                          (ii) Welfare recipient.--The term 
                        ``welfare recipient'' means an 
                        individual who has received assistance 
                        under a State or tribal program funded 
                        under part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.) at 
                        any time during the 3-year period 
                        before the date on which the applicant 
                        applies for a grant under section 5307 
                        or 5311.
          (10) Local governmental authority.--The term ``local 
        governmental authority'' includes--
                  (A) a political subdivision of a State;
                  (B) an authority of at least 1 State or 
                political subdivision of a State;
                  (C) an Indian tribe; and
                  (D) a public corporation, board, or 
                commission established under the laws of a 
                State.
          (11) Low-income individual.--The term ``low-income 
        individual'' means an individual whose family income is 
        at or below 150 percent of the poverty line, as that 
        term is defined in section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)), including 
        any revision required by that section, for a family of 
        the size involved.
          (12) Net project cost.--The term ``net project cost'' 
        means the part of a project that reasonably cannot be 
        financed from revenues.
          (13) New bus model.--The term ``new bus model'' means 
        a bus model (including a model using alternative 
        fuel)--
                  (A) that has not been used in public 
                transportation in the United States before the 
                date of production of the model; or
                  (B) used in public transportation in the 
                United States, but being produced with a major 
                change in configuration or components.
          (14) Public transportation.--The term ``public 
        transportation''--
                  (A) means regular, continuing shared-ride 
                surface transportation services that are open 
                to the general public or open to a segment of 
                the general public defined by age, disability, 
                or low income; and
                  (B) does not include--
                          (i) intercity passenger rail 
                        transportation provided by the entity 
                        described in chapter 243 (or a 
                        successor to such entity);
                          (ii) intercity bus service;
                          (iii) charter bus service;
                          (iv) school bus service;
                          (v) sightseeing service;
                          (vi) courtesy shuttle service for 
                        patrons of one or more specific 
                        establishments; or
                          (vii) intra-terminal or intra-
                        facility shuttle services.
          (15) Regulation.--The term ``regulation'' means any 
        part of a statement of general or particular 
        applicability of the Secretary designed to carry out, 
        interpret, or prescribe law or policy in carrying out 
        this chapter.
          (16) Rural area.--The term ``rural area'' means an 
        area encompassing a population of less than 50,000 
        people that has not been designated in the most recent 
        decennial census as an ``urbanized area'' by the 
        Secretary of Commerce.
          (17) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (18) Senior.--The term ``senior'' means an individual 
        who is 65 years of age or older.
          (19) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, Puerto Rico, 
        the Northern Mariana Islands, Guam, American Samoa, and 
        the Virgin Islands.
          (20) State of good repair.--The term ``state of good 
        repair'' has the meaning given that term by the 
        Secretary, by rule, under section 5326(b).
          (21) Transit.--The term ``transit'' means public 
        transportation.
          (22) Urban area.--The term ``urban area'' means an 
        area that includes a municipality or other built-up 
        place that the Secretary, after considering local 
        patterns and trends of urban growth, decides is 
        appropriate for a local public transportation system to 
        serve individuals in the locality.
          (23) Urbanized area.--The term ``urbanized area'' 
        means an area encompassing a population of not less 
        than 50,000 people that has been defined and designated 
        in the most recent decennial census as an ``urbanized 
        area'' by the Secretary of Commerce.
          (24) Value capture.--The term ``value capture'' means 
        recovering the increased property value to property 
        located near public transportation resulting from 
        investments in public transportation.
          (25) Base-model bus.--The term ``base-model bus'' 
        means a heavy-duty public transportation bus 
        manufactured to meet, but not exceed, transit-specific 
        minimum performance criteria developed by the 
        Secretary.

Sec. 5303. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          (1) to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          (2) to encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 5304(d).
  (b) Definitions.--In this section and section 5304, the 
following definitions apply:
          (1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization established as a result of the 
        designation process under subsection (d).
          (3) Nonmetropolitan area.--The term ``nonmetropolitan 
        area'' means a geographic area outside designated 
        metropolitan planning areas.
          (4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          (5) Regional transportation planning organization.--
        The term ``regional transportation planning 
        organization'' means a policy board of an organization 
        established as the result of a designation under 
        section 5304(l).
          (6) TIP.--The term ``TIP'' means a transportation 
        improvement program developed by a metropolitan 
        planning organization under subsection (j).
          (7) Urbanized area.--The term ``urbanized area'' 
        means a geographic area with a population of 50,000 or 
        more, as determined by the Bureau of the Census.
  (c) General Requirements.--
          (1) Development of long-range plans and TIPs.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long- 
        range transportation plans and transportation 
        improvement programs through a performance-driven, 
        outcome-based approach to planning for metropolitan 
        areas of the State.
          (2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways [and bicycle transportation facilities], 
        bicycle transportation facilities, and intermodal 
        facilities that support intercity transportation, 
        including intercity buses and intercity bus facilities) 
        that will function as an intermodal transportation 
        system for the metropolitan planning area and as an 
        integral part of an intermodal transportation system 
        for the State and the United States.
          (3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  (d) Designation of Metropolitan Planning Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  (A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census); or
                  (B) in accordance with procedures established 
                by applicable State or local law.
          (2) Structure.--Not later than 2 years after the date 
        of enactment of the Federal Public Transportation Act 
        of 2012, each metropolitan planning organization that 
        serves an area designated as a transportation 
        management area shall consist of--
                  (A) local elected officials;
                  (B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area, 
                including representation by providers of public 
                transportation; and
                  (C) appropriate State officials.
          (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).
          [(3)] (4) Limitation on statutory construction.--
        Nothing in this subsection shall be construed to 
        interfere with the authority, under any State law in 
        effect on December 18, 1991, of a public agency with 
        multimodal transportation responsibilities--
                  (A) to develop the plans and TIPs for 
                adoption by a metropolitan planning 
                organization; and
                  (B) to develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          [(4)] (5) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under [paragraph (5)] paragraph (6).
          [(5)] (6) Redesignation procedures.--
                  (A) In general.--A metropolitan planning 
                organization may be redesignated by agreement 
                between the Governor and units of general 
                purpose local government that together 
                represent at least 75 percent of the existing 
                planning area population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census) as 
                appropriate to carry out this section.
                  (B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of paragraph (2) without 
                undertaking a redesignation.
          [(6)] (7) Designation of more than 1 metropolitan 
        planning organization.--More than 1 metropolitan 
        planning organization may be designated within an 
        existing metropolitan planning area only if the 
        Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        the existing metropolitan planning area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
  (e) Metropolitan Planning Area Boundaries.--
          (1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          (2) Included area.--Each metropolitan planning area--
                  (A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  (B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          (3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          (4) Existing metropolitan planning areas in 
        nonattainment.--
                  (A) In general.--Notwithstanding paragraph 
                (2), except as provided in subparagraph (B), in 
                the case of an urbanized area designated as a 
                nonattainment area for ozone or carbon monoxide 
                under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) as of the date of enactment of the 
                SAFETEA-LU, the boundaries of the metropolitan 
                planning area in existence as of such date of 
                enactment shall be retained.
                  (B) Exception.--The boundaries described in 
                subparagraph (A) may be adjusted by agreement 
                of the Governor and affected metropolitan 
                planning organizations in the manner described 
                in [subsection (d)(5)] subsection (d)(6).
          (5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the SAFETEA-
        LU, as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  (A) shall be established in the manner 
                described in subsection (d)(1);
                  (B) shall encompass the areas described in 
                paragraph (2)(A);
                  (C) may encompass the areas described in 
                paragraph (2)(B); and
                  (D) may address any nonattainment area 
                identified under the Clean Air Act (42 U.S.C. 
                7401 et seq.) for ozone or carbon monoxide.
  (f) Coordination in Multistate Areas.--
          (1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          (2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  (A) to enter into agreements or compacts, not 
                in conflict with any law of the United States, 
                for cooperative efforts and mutual assistance 
                in support of activities authorized under this 
                section as the activities pertain to interstate 
                areas and localities within the States; and
                  (B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          (3) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (g) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within a 
        metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act (42 U.S.C. 7401 et seq.), each 
        metropolitan planning organization shall consult with 
        the other metropolitan planning organizations 
        designated for such area and the State in the 
        coordination of plans and TIPs required by this 
        section.
          (2) Transportation improvements located in multiple 
        MPOs.--If a transportation improvement, funded under 
        this chapter or title 23, is located within the 
        boundaries of more than 1 metropolitan planning area, 
        the metropolitan planning organizations shall 
        coordinate plans and TIPs regarding the transportation 
        improvement.
          (3) Relationship with other planning officials.--
                  (A) In general.--The Secretary shall 
                encourage each metropolitan planning 
                organization to consult with officials 
                responsible for other types of planning 
                activities that are affected by transportation 
                in the area (including State and local planned 
                growth, economic development, tourism, natural 
                disaster risk reduction, environmental 
                protection, airport operations, and freight 
                movements) or to coordinate its planning 
                process, to the maximum extent practicable, 
                with such planning activities.
                  (B) Requirements.--Under the metropolitan 
                planning process, transportation plans and TIPs 
                shall be developed with due consideration of 
                other related planning activities within the 
                metropolitan area, and the process shall 
                provide for the design and delivery of 
                transportation services within the metropolitan 
                area that are provided by--
                          (i) recipients of assistance under 
                        this chapter;
                          (ii) governmental agencies and 
                        nonprofit organizations (including 
                        representatives of the agencies and 
                        organizations) that receive Federal 
                        assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; 
                        and
                          (iii) recipients of assistance under 
                        section 204 of title 23.
  (h) Scope of Planning Process.--
          (1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and for freight;
                  (E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  (G) promote efficient system management and 
                operation; [and]
                  (H) emphasize the preservation of the 
                existing transportation system[.]; and
                  (I) improve the resilience and reliability of 
                the transportation system.
          (2) Performance-based approach.--
                  (A) In general.--The metropolitan 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of title 23 and the general 
                purposes described in section 5301.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each 
                                metropolitan planning 
                                organization shall establish 
                                performance targets that 
                                address the performance 
                                measures described in section 
                                150(c) of title 23, where 
                                applicable, to use in tracking 
                                progress towards attainment of 
                                critical outcomes for the 
                                region of the metropolitan 
                                planning organization.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                metropolitan planning 
                                organization shall be 
                                coordinated with the relevant 
                                State to ensure consistency, to 
                                the maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--Selection of 
                        performance targets by a metropolitan 
                        planning organization shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d).
                  (C) Timing.--Each metropolitan planning 
                organization shall establish the performance 
                targets under subparagraph (B) not later than 
                180 days after the date on which the relevant 
                State or provider of public transportation 
                establishes the performance targets.
                  (D) Integration of other performance-based 
                plans.--A metropolitan planning organization 
                shall integrate in the metropolitan 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance 
                measures, and targets described in other State 
                transportation plans and transportation 
                processes, as well as any plans developed by 
                recipients of assistance under this chapter, 
                required as part of a performance-based 
                program.
          (3) Failure to consider factors.--The failure to 
        consider any factor specified in paragraphs (1) and (2) 
        shall not be reviewable by any court under this 
        chapter, title 23, subchapter II of chapter 5 of title 
        5, or chapter 7 of title 5 in any matter affecting a 
        transportation plan, a TIP, a project or strategy, or 
        the certification of a planning process.
  (i) Development of Transportation Plan.--
          (1) Requirements.--
                  (A) In general.--Each metropolitan planning 
                organization shall prepare and update a 
                transportation plan for its metropolitan 
                planning area in accordance with the 
                requirements of this subsection.
                  (B) Frequency.--
                          (i) In general.--The metropolitan 
                        planning organization shall prepare and 
                        update such plan every 4 years (or more 
                        frequently, if the metropolitan 
                        planning organization elects to update 
                        more frequently) in the case of each of 
                        the following:
                                  (I) Any area designated as 
                                nonattainment, as defined in 
                                section 107(d) of the Clean Air 
                                Act (42 U.S.C. 7407(d)).
                                  (II) Any area that was 
                                nonattainment and subsequently 
                                designated to attainment in 
                                accordance with section 
                                107(d)(3) of that Act (42 
                                U.S.C. 7407(d)(3)) and that is 
                                subject to a maintenance plan 
                                under section 175A of that Act 
                                (42 U.S.C. 7505a).
                          (ii) Other areas.--In the case of any 
                        other area required to have a 
                        transportation plan in accordance with 
                        the requirements of this subsection, 
                        the metropolitan planning organization 
                        shall prepare and update such plan 
                        every 5 years unless the metropolitan 
                        planning organization elects to update 
                        more frequently.
          (2) Transportation plan.--A transportation plan under 
        this section shall be in a form that the Secretary 
        determines to be appropriate and shall contain, at a 
        minimum, the following:
                  (A) Identification of transportation 
                facilities.--
                          (i) In general.--An identification of 
                        transportation facilities (including 
                        major roadways, [transit] public 
                        transportation facilities, intercity 
                        bus facilities, multimodal and 
                        intermodal facilities, nonmotorized 
                        transportation facilities, and 
                        intermodal connectors) that should 
                        function as an integrated metropolitan 
                        transportation system, giving emphasis 
                        to those facilities that serve 
                        important national and regional 
                        transportation functions.
                          (ii) Factors.--In formulating the 
                        transportation plan, the metropolitan 
                        planning organization shall consider 
                        factors described in subsection (h) as 
                        the factors relate to a 20-year 
                        forecast period.
                  (B) Performance measures and targets.--A 
                description of the performance measures and 
                performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (h)(2).
                  (C) System performance report.--A system 
                performance report and subsequent updates 
                evaluating the condition and performance of the 
                transportation system with respect to the 
                performance targets described in subsection 
                (h)(2), including--
                          (i) progress achieved by the 
                        metropolitan planning organization in 
                        meeting the performance targets in 
                        comparison with system performance 
                        recorded in previous reports; and
                          (ii) for metropolitan planning 
                        organizations that voluntarily elect to 
                        develop multiple scenarios, an analysis 
                        of how the preferred scenario has 
                        improved the conditions and performance 
                        of the transportation system and how 
                        changes in local policies and 
                        investments have impacted the costs 
                        necessary to achieve the identified 
                        performance targets.
                  (D) Mitigation activities.--
                          (i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          (ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  (E) Financial plan.--
                          (i) In general.--A financial plan 
                        that--
                                  (I) demonstrates how the 
                                adopted transportation plan can 
                                be implemented;
                                  (II) indicates resources from 
                                public and private sources that 
                                are reasonably expected to be 
                                made available to carry out the 
                                plan; and
                                  (III) recommends any 
                                additional financing strategies 
                                for needed projects and 
                                programs.
                          (ii) Inclusions.--The financial plan 
                        may include, for illustrative purposes, 
                        additional projects that would be 
                        included in the adopted transportation 
                        plan if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                          (iii) Cooperative development.--For 
                        the purpose of developing the 
                        transportation plan, the metropolitan 
                        planning organization, transit 
                        operator, and State shall cooperatively 
                        develop estimates of funds that will be 
                        available to support plan 
                        implementation.
                  (F) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  (G) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure and provide for multimodal 
                capacity increases based on regional priorities 
                and needs.
                  (H) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities.
          (3) Coordination with Clean Air Act agencies.--In 
        metropolitan areas that are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), the metropolitan planning organization 
        shall coordinate the development of a transportation 
        plan with the process for development of the 
        transportation control measures of the State 
        implementation plan required by that Act.
          (4) Optional scenario development.--
                  (A) In general.--A metropolitan planning 
                organization may, while fitting the needs and 
                complexity of its community, voluntarily elect 
                to develop multiple scenarios for consideration 
                as part of the development of the metropolitan 
                transportation plan, in accordance with 
                subparagraph (B).
                  (B) Recommended components.--A metropolitan 
                planning organization that chooses to develop 
                multiple scenarios under subparagraph (A) shall 
                be encouraged to consider--
                          (i) potential regional investment 
                        strategies for the planning horizon;
                          (ii) assumed distribution of 
                        population and employment;
                          (iii) a scenario that, to the maximum 
                        extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                          (iv) a scenario that improves the 
                        baseline conditions for as many of the 
                        performance measures identified in 
                        subsection (h)(2) as possible;
                          (v) revenue constrained scenarios 
                        based on the total revenues expected to 
                        be available over the forecast period 
                        of the plan; and
                          (vi) estimated costs and potential 
                        revenues available to support each 
                        scenario.
                  (C) Metrics.--In addition to the performance 
                measures identified in section 150(c) of title 
                23, metropolitan planning organizations may 
                evaluate scenarios developed under this 
                paragraph using locally-developed measures.
          (5) Consultation.--
                  (A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, and historic preservation 
                concerning the development of a long-range 
                transportation plan.
                  (B) Issues.--The consultation shall involve, 
                as appropriate--
                          (i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          (ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.
          (6) Participation by interested parties.--
                  (A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, public ports, freight 
                shippers, providers of freight transportation 
                services, private providers of transportation 
                (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), representatives 
                of users of public transportation, 
                representatives of users of pedestrian walkways 
                and bicycle transportation facilities, 
                representatives of the disabled, and other 
                interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  (B) Contents of participation plan.--A 
                participation plan--
                          (i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          (ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  (C) Methods.--In carrying out subparagraph 
                (A), the metropolitan planning organization 
                shall, to the maximum extent practicable--
                          (i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          (ii) employ visualization techniques 
                        to describe plans; and
                          (iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          (7) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          (8) Selection of projects from illustrative list.--
        Notwithstanding [paragraph (2)(C)] paragraph (2)(E), a 
        State or metropolitan planning organization shall not 
        be required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under [paragraph (2)(C)] paragraph (2)(E).
  (j) Metropolitan TIP.--
          (1) Development.--
                  (A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the metropolitan 
                planning area that--
                          (i) contains projects consistent with 
                        the current metropolitan transportation 
                        plan;
                          (ii) reflects the investment 
                        priorities established in the current 
                        metropolitan transportation plan; and
                          (iii) once implemented, is designed 
                        to make progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                  (B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with subsection (i)(5).
                  (C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  (D) Updating and approval.--The TIP shall 
                be--
                          (i) updated at least once every 4 
                        years; and
                          (ii) approved by the metropolitan 
                        planning organization and the Governor.
          (2) Contents.--
                  (A) Priority list.--The TIP shall include a 
                priority list of proposed Federally supported 
                projects and strategies to be carried out 
                within each 4-year period after the initial 
                adoption of the TIP.
                  (B) Financial plan.--The TIP shall include a 
                financial plan that--
                          (i) demonstrates how the TIP can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          (iii) identifies innovative financing 
                        techniques to finance projects, 
                        programs, and strategies; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  (C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
                  (D) Performance target achievement.--The 
                transportation improvement program shall 
                include, to the maximum extent practicable, a 
                description of the anticipated effect of the 
                transportation improvement program toward 
                achieving the performance targets established 
                in the metropolitan transportation plan, 
                linking investment priorities to those 
                performance targets.
          (3) Included projects.--
                  (A) Projects under this chapter and title 
                23.--A TIP developed under this subsection for 
                a metropolitan area shall include the projects 
                within the area that are proposed for funding 
                under this chapter and chapter 1 of title 23.
                  (B) Projects under chapter 2 of title 23.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        transportation improvement program.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  (C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
          (4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with subsection (i)(5).
          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in subsection (k)(4) and in addition to the TIP 
                development required under paragraph (1), the 
                selection of Federally funded projects in 
                metropolitan areas shall be carried out, from 
                the approved TIP--
                          (i) by--
                                  (I) in the case of projects 
                                under title 23, the State; and
                                  (II) in the case of projects 
                                under this chapter, the 
                                designated recipients of public 
                                transportation funding; and
                          (ii) in cooperation with the 
                        metropolitan planning organization.
                  (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          (6) Selection of projects from illustrative list.--
                  (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  (B) Required action by the Secretary.--Action 
                by the Secretary shall be required for a State 
                or metropolitan planning organization to select 
                any project from the illustrative list of 
                additional projects included in the financial 
                plan under paragraph (2)(B)(iv) for inclusion 
                in an approved TIP.
          (7) Publication.--
                  (A) Publication of TIPs.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  (B) Publication of annual listings of 
                projects.--
                          (i) In general.--An annual listing of 
                        projects, including investments in 
                        pedestrian walkways and bicycle 
                        transportation facilities, for which 
                        Federal funds have been obligated in 
                        the preceding year shall be published 
                        or otherwise made available by the 
                        cooperative effort of the State, 
                        transit operator, and metropolitan 
                        planning organization for public 
                        review.
                          (ii) Requirement.--The listing shall 
                        be consistent with the categories 
                        identified in the TIP.
  (k) Transportation Management Areas.--
          (1) Identification and designation.--
                  (A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  (B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          (2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          (3) Congestion management process.--
                  (A) In general.--Within a metropolitan 
                planning area serving a transportation 
                management area, the transportation planning 
                process under this section shall address 
                congestion management through a process that 
                provides for effective management and 
                operation, based on a cooperatively developed 
                and implemented metropolitan-wide strategy, of 
                new and existing transportation facilities 
                eligible for funding under this chapter and 
                title 23 through the use of travel demand 
                reduction (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, and operational management 
                strategies.
                  (B) Schedule.--The Secretary shall establish 
                an appropriate phase-in schedule for compliance 
                with the requirements of this section but no 
                sooner than 1 year after the identification of 
                a transportation management area.
                  (C) Congestion management plan.--A 
                metropolitan planning organization with a 
                transportation management area may develop a 
                plan that includes projects and strategies that 
                will be considered in the TIP of such 
                metropolitan planning organization. Such plan 
                shall--
                          (i) develop regional goals to reduce 
                        vehicle miles traveled during peak 
                        commuting hours and improve 
                        transportation connections between 
                        areas with high job concentration and 
                        areas with high concentrations of low-
                        income households;
                          (ii) identify existing public 
                        transportation services, employer-based 
                        commuter programs, and other existing 
                        transportation services that support 
                        access to jobs in the region; and
                          (iii) identify proposed projects and 
                        programs to reduce congestion and 
                        increase job access opportunities.
                  (D) Participation.--In developing the plan 
                under subparagraph (C), a metropolitan planning 
                organization shall consult with employers, 
                private and non-profit providers of public 
                transportation, transportation management 
                organizations, and organizations that provide 
                job access reverse commute projects or job-
                related services to low-income individuals.
          (4) Selection of projects.--
                  (A) In general.--All Federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under title 23 
                (excluding projects carried out on the National 
                Highway System) or under this chapter shall be 
                selected for implementation from the approved 
                TIP by the metropolitan planning organization 
                designated for the area in consultation with 
                the State and any affected public 
                transportation operator.
                  (B) National Highway System projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System shall be selected for 
                implementation from the approved TIP by the 
                State in cooperation with the metropolitan 
                planning organization designated for the area.
          (5) Certification.--
                  (A) In general.--The Secretary shall--
                          (i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          (ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  (B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          (i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          (ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the Governor.
                  (C) Effect of failure to certify.--
                          (i) Withholding of project funds.--If 
                        a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this chapter and title 23.
                          (ii) Restoration of withheld funds.--
                        The withheld funds shall be restored to 
                        the metropolitan planning area at such 
                        time as the metropolitan planning 
                        process is certified by the Secretary.
                  (D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  (l) Report on Performance-based Planning Processes.--
          (1) In general.--The Secretary shall submit to 
        Congress a report on the effectiveness of the 
        performance-based planning processes of metropolitan 
        planning organizations under this section, taking into 
        consideration the requirements of this subsection.
          (2) Report.--Not later than 5 years after the date of 
        enactment of the Federal Public Transportation Act of 
        2012, the Secretary shall submit to Congress a report 
        evaluating--
                  (A) the overall effectiveness of performance-
                based planning as a tool for guiding 
                transportation investments;
                  (B) the effectiveness of the performance-
                based planning process of each metropolitan 
                planning organization under this section;
                  (C) the extent to which metropolitan planning 
                organizations have achieved, or are currently 
                making substantial progress toward achieving, 
                the performance targets specified under this 
                section and whether metropolitan planning 
                organizations are developing meaningful 
                performance targets; and
                  (D) the technical capacity of metropolitan 
                planning organizations that operate within a 
                metropolitan planning area [of less than 
                200,000] with a population of 200,000 or less 
                and their ability to carry out the requirements 
                of this section.
          (3) Publication.--The report under paragraph (2) 
        shall be published or otherwise made available in 
        electronically accessible formats and means, including 
        on the Internet.
  (m) Abbreviated Plans for Certain Areas.--
          (1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          (2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  (n) Additional Requirements for Certain Nonattainment 
Areas.--
          (1) In general.--Notwithstanding any other provisions 
        of this chapter or title 23, for transportation 
        management areas classified as nonattainment for ozone 
        or carbon monoxide pursuant to the Clean Air Act (42 
        U.S.C. 7401 et seq.), Federal funds may not be advanced 
        in such area for any highway project that will result 
        in a significant increase in the carrying capacity for 
        single-occupant vehicles unless the project is 
        addressed through a congestion management process.
          (2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  (o) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this chapter or title 23.
  (p) Funding.--[Funds set aside under section 104(f)] Funds 
apportioned under section 104(b)(5) of title 23 or section 
5305(g) shall be available to carry out this section.
  (q) Continuation of Current Review Practice.--Since plans and 
TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
that Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under that 
Act.

Sec. 5304. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--Subject to 
        section 5303, to accomplish the objectives stated in 
        section 5303(a), each State shall develop a statewide 
        transportation plan and a statewide transportation 
        improvement program for all areas of the State.
          (2) Contents.--The statewide transportation plan and 
        the transportation improvement program developed for 
        each State shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways [and bicycle transportation facilities], 
        bicycle transportation facilities, and intermodal 
        facilities that support intercity transportation, 
        including intercity buses and intercity bus facilities) 
        that will function as an intermodal transportation 
        system for the State and an integral part of an 
        intermodal transportation system for the United States.
          (3) Process of development.--The process for 
        developing the statewide plan and the transportation 
        improvement program shall provide for consideration of 
        all modes of transportation and the policies stated in 
        section 5303(a) and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on 
        the complexity of the transportation problems to be 
        addressed.
  (b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          (1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 5303 for metropolitan areas 
        of the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          (2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  (c) Interstate Agreements.--
          (1) In general.--Two or more States may enter into 
        agreements or compacts, not in conflict with any law of 
        the United States, for cooperative efforts and mutual 
        assistance in support of activities authorized under 
        this section related to interstate areas and localities 
        in the States and establishing authorities the States 
        consider desirable for making the agreements and 
        compacts effective.
          (2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (d) Scope of Planning Process.--
          (1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  (A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and freight;
                  (E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  (G) promote efficient system management and 
                operation; [and]
                  (H) emphasize the preservation of the 
                existing transportation system[.]; and
                  (I) improve the resilience and reliability of 
                the transportation system.
          (2) Performance-based approach.--
                  (A) In general.--The statewide transportation 
                planning process shall provide for the 
                establishment and use of a performance-based 
                approach to transportation decisionmaking to 
                support the national goals described in section 
                150(b) of title 23 and the general purposes 
                described in section 5301.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each State 
                                shall establish performance 
                                targets that address the 
                                performance measures described 
                                in section 150(c) of title 23, 
                                where applicable, to use in 
                                tracking progress towards 
                                attainment of critical outcomes 
                                for the State.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                State shall be coordinated with 
                                the relevant metropolitan 
                                planning organizations to 
                                ensure consistency, to the 
                                maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--In [urbanized] 
                        areas with a population of fewer than 
                        200,000 individuals, as calculated 
                        according to the most recent decennial 
                        census, and not represented by a 
                        metropolitan planning organization, 
                        selection of performance targets by a 
                        State shall be coordinated, to the 
                        maximum extent practicable, with 
                        providers of public transportation to 
                        ensure consistency with sections 
                        5326(c) and 5329(d).
                  (C) Integration of other performance-based 
                plans.--A State shall integrate into the 
                statewide transportation planning process, 
                directly or by reference, the goals, 
                objectives, performance measures, and targets 
                described in this paragraph, in other State 
                transportation plans and transportation 
                processes, as well as any plans developed 
                pursuant to title 23 by providers of public 
                transportation in [urbanized] areas with a 
                population of fewer than 200,000 individuals, 
                as calculated according to the most recent 
                decennial census, and not represented by a 
                metropolitan planning organization, required as 
                part of a performance-based program.
                  (D) Use of performance measures and 
                targets.--The performance measures and targets 
                established under this paragraph shall be 
                considered by a State when developing policies, 
                programs, and investment priorities reflected 
                in the statewide transportation plan and 
                statewide transportation improvement program.
          (3) Failure to consider factors.--The failure to take 
        into consideration the factors specified in paragraphs 
        (1) and (2) shall not be subject to review by any court 
        under this chapter, title 23, subchapter II of chapter 
        5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a statewide transportation plan, a statewide 
        transportation improvement program, a project or 
        strategy, or the certification of a planning process.
  (e) Additional Requirements.--'In carrying out planning under 
this section, each State shall, at a minimum--
          (1) with respect to nonmetropolitan areas, cooperate 
        with affected local officials with responsibility for 
        transportation or, if applicable, through regional 
        transportation planning organizations described in 
        subsection (l);
          (2) consider the concerns of Indian tribal 
        governments and Federal land management agencies that 
        have jurisdiction over land within the boundaries of 
        the State; and
          (3) consider coordination of transportation plans, 
        the transportation improvement program, and planning 
        activities with related planning activities being 
        carried out outside of metropolitan planning areas and 
        between States.
  (f) Long-range Statewide Transportation Plan.--
          (1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 5303.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to 
                        nonmetropolitan areas, the statewide 
                        transportation plan shall be developed 
                        in cooperation with affected 
                        nonmetropolitan officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (l).
                          (ii) Role of Secretary.--The 
                        Secretary shall not review or approve 
                        the consultation process in each State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                  (D) Consultation, comparison, and 
                consideration.--
                          (i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State, tribal, and local agencies 
                        responsible for land use management, 
                        natural resources, environmental 
                        protection, conservation, and historic 
                        preservation.
                          (ii) Comparison and consideration.--
                        Consultation under clause (i) shall 
                        involve comparison of transportation 
                        plans to State and tribal conservation 
                        plans or maps, if available, and 
                        comparison of transportation plans to 
                        inventories of natural or historic 
                        resources, if available.
          (3) Participation by interested parties.--
                  (A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                to--
                          (i) nonmetropolitan local elected 
                        officials, or, if applicable, through 
                        regional transportation planning 
                        organizations described in subsection 
                        (l), an opportunity to participate in 
                        accordance with subparagraph (B)(i); 
                        and
                          (ii) citizens, affected public 
                        agencies, representatives of public 
                        transportation employees, public ports, 
                        freight shippers, private providers of 
                        transportation (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), 
                        representatives of users of public 
                        transportation, representatives of 
                        users of pedestrian walkways and 
                        bicycle transportation facilities, 
                        representatives of the disabled, 
                        providers of freight transportation 
                        services, and other interested parties 
                        a reasonable opportunity to comment on 
                        the proposed plan.
                  (B) Methods.--In carrying out subparagraph 
                (A), the State shall, to the maximum extent 
                practicable--
                          (i) develop and document a 
                        consultative process to carry out 
                        subparagraph (A)(i) that is separate 
                        and discrete from the public 
                        involvement process developed under 
                        clause (ii);
                          (ii) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                          (iii) employ visualization techniques 
                        to describe plans; and
                          (iv) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web, as appropriate to afford 
                        reasonable opportunity for 
                        consideration of public information 
                        under subparagraph (A).
          (4) Mitigation activities.--
                  (A) In general.--A long-range transportation 
                plan shall include a discussion of potential 
                environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to restore and maintain the 
                environmental functions affected by the plan.
                  (B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          (5) Financial plan.--The statewide transportation 
        plan may include--
                  (A) a financial plan that--
                          (i) demonstrates how the adopted 
                        statewide transportation plan can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be made available to carry 
                        out the plan; and
                          (iii) recommends any additional 
                        financing strategies for needed 
                        projects and programs; and
                  (B) for illustrative purposes, additional 
                projects that would be included in the adopted 
                statewide transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
          (6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          (7) Performance-based approach.--The statewide 
        transportation plan should include--
                  (A) a description of the performance measures 
                and performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (d)(2); and
                  (B) a system performance report and 
                subsequent updates evaluating the condition and 
                performance of the transportation system with 
                respect to the performance targets described in 
                subsection (d)(2), including progress achieved 
                by the metropolitan planning organization in 
                meeting the performance targets in comparison 
                with system performance recorded in previous 
                reports;
          (8) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system.
          (9) Publication of long-range transportation plans.--
        Each long-range transportation plan prepared by a State 
        shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.
  (g) Statewide Transportation Improvement Program.--
          (1) Development.--
                  (A) In general.--Each State shall develop a 
                statewide transportation improvement program 
                for all areas of the State.
                  (B) Duration and updating of program.--Each 
                program developed under subparagraph (A) shall 
                cover a period of 4 years and shall be updated 
                every 4 years or more frequently if the 
                Governor of the State elects to update more 
                frequently.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the program 
                shall be developed in cooperation with the 
                metropolitan planning organization designated 
                for the metropolitan area under section 5303.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to each 
                        nonmetropolitan area in the State, the 
                        program shall be developed in 
                        cooperation with affected 
                        nonmetropolitan local officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (l).
                          (ii) Role of Secretary.--The 
                        Secretary shall not review or approve 
                        the specific consultation process in 
                        the State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          (4) Performance target achievement.--A statewide 
        transportation improvement program shall include, to 
        the maximum extent practicable, a discussion of the 
        anticipated effect of the statewide transportation 
        improvement program toward achieving the performance 
        targets established in the statewide transportation 
        plan, linking investment priorities to those 
        performance targets.
          (5) Included projects.--
                  (A) In general.--A transportation improvement 
                program developed under this subsection for a 
                State shall include Federally supported surface 
                transportation expenditures within the 
                boundaries of the State.
                  (B) Listing of projects.--
                          (i) In general.--An annual listing of 
                        projects for which funds have been 
                        obligated for the preceding year in 
                        each metropolitan planning area shall 
                        be published or otherwise made 
                        available by the cooperative effort of 
                        the State, transit operator, and the 
                        metropolitan planning organization for 
                        public review.
                          (ii) Funding categories.--The listing 
                        described in clause (i) shall be 
                        consistent with the funding categories 
                        identified in each metropolitan 
                        transportation improvement program.
                  (C) Projects under chapter 2.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        transportation improvement program.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  (D) Consistency with statewide transportation 
                plan.--Each project shall be--
                          (i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          (ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          (iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act (42 U.S.C. 7401 et seq.), 
                        if the project is carried out in an 
                        area designated as a nonattainment area 
                        for ozone, particulate matter, or 
                        carbon monoxide under part D of title I 
                        of that Act (42 U.S.C. 7501 et seq.).
                  (E) Requirement of anticipated full 
                funding.--The transportation improvement 
                program shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  (F) Financial plan.--
                          (i) In general.--The transportation 
                        improvement program may include a 
                        financial plan that demonstrates how 
                        the approved transportation improvement 
                        program can be implemented, indicates 
                        resources from public and private 
                        sources that are reasonably expected to 
                        be made available to carry out the 
                        transportation improvement program, and 
                        recommends any additional financing 
                        strategies for needed projects and 
                        programs.
                          (ii) Additional projects.--The 
                        financial plan may include, for 
                        illustrative purposes, additional 
                        projects that would be included in the 
                        adopted transportation plan if 
                        reasonable additional resources beyond 
                        those identified in the financial plan 
                        were available.
                  (G) Selection of projects from illustrative 
                list.--
                          (i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          (ii) Required action by the 
                        Secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved 
                        transportation improvement program.
                  (H) Priorities.--The transportation 
                improvement program shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by this chapter and title 
                23.
          (6) Project selection for areas of less than 50,000 
        population.--
                  (A) In general.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals shall be selected, from the 
                approved transportation improvement program 
                (excluding projects carried out on the National 
                Highway System and projects carried out under 
                the bridge program or the Interstate 
                maintenance program under title 23 or under 
                sections 5310 and 5311 of this chapter), by the 
                State in cooperation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation or, if 
                applicable, through regional transportation 
                planning organizations described in subsection 
                (l).
                  (B) Other projects.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals on the National Highway System or 
                under the bridge program or the Interstate 
                maintenance program under title 23 or under 
                sections 5310 and 5311 of this chapter shall be 
                selected, from the approved statewide 
                transportation improvement program, by the 
                State in consultation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation.
          (7) Transportation improvement program approval.--
        Every 4 years, a transportation improvement program 
        developed under this subsection shall be reviewed and 
        approved by the Secretary if based on a current 
        planning finding.
          (8) Planning finding.--A finding shall be made by the 
        Secretary at least every 4 years that the 
        transportation planning process through which statewide 
        transportation plans and programs are developed is 
        consistent with this section and section 5303.
          (9) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved transportation 
        improvement program in place of another project in the 
        program.
  (h) Performance-based Planning Processes Evaluation.--
          (1) In general.--The Secretary shall establish 
        criteria to evaluate the effectiveness of the 
        performance-based planning processes of States, taking 
        into consideration the following:
                  (A) The extent to which the State is making 
                progress toward achieving, the performance 
                targets described in subsection (d)(2), taking 
                into account whether the State developed 
                appropriate performance targets.
                  (B) The extent to which the State has made 
                transportation investments that are efficient 
                and cost-effective.
                  (C) The extent to which the State--
                          (i) has developed an investment 
                        process that relies on public input and 
                        awareness to ensure that investments 
                        are transparent and accountable; and
                          (ii) provides reports allowing the 
                        public to access the information being 
                        collected in a format that allows the 
                        public to meaningfully assess the 
                        performance of the State.
          (2) Report.--
                  (A) In general.--Not later than 5 years after 
                the date of enactment of the Federal Public 
                Transportation Act of 2012, the Secretary shall 
                submit to Congress a report evaluating--
                          (i) the overall effectiveness of 
                        performance-based planning as a tool 
                        for guiding transportation investments; 
                        and
                          (ii) the effectiveness of the 
                        performance-based planning process of 
                        each State.
                  (B) Publication.--The report under 
                subparagraph (A) shall be published or 
                otherwise made available in electronically 
                accessible formats and means, including on the 
                Internet.
  (i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5303, and 
sections 134 and 135 of title 23, State laws, rules, or 
regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this this section and section 5303, and sections 134 and 135 of 
title 23, if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section and section 5303, and sections 134 and 
135 of title 23, as appropriate.
  (j) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the transportation 
improvement program described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the statewide transportation plans and the 
transportation improvement program are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation 
improvement program described in this section have not been 
reviewed under that Act as of January 1, 1997, any decision by 
the Secretary concerning a metropolitan or statewide 
transportation plan or the transportation improvement program 
described in this section shall not be considered to be a 
Federal action subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  (k) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established 
planning update cycle for States. The Secretary shall not 
require a State to deviate from its established planning update 
cycle to implement changes made by this section. States shall 
reflect changes made to their transportation plan or 
transportation improvement program updates not later than 2 
years after the date of issuance of guidance by the Secretary 
under this subsection.
  (l) Designation of Regional Transportation Planning 
Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a State may 
        establish and designate regional transportation 
        planning organizations to enhance the planning, 
        coordination, and implementation of statewide strategic 
        long-range transportation plans and transportation 
        improvement programs, with an emphasis on addressing 
        the needs of nonmetropolitan areas of the State.
          (2) Structure.--A regional transportation planning 
        organization shall be established as a 
        multijurisdictional organization of nonmetropolitan 
        local officials or their designees who volunteer for 
        such organization and representatives of local 
        transportation systems who volunteer for such 
        organization.
          (3) Requirements.--A regional transportation planning 
        organization shall establish, at a minimum--
                  (A) a policy committee, the majority of which 
                shall consist of nonmetropolitan local 
                officials, or their designees, and, as 
                appropriate, additional representatives from 
                the State, private business, transportation 
                service providers, economic development 
                practitioners, and the public in the region; 
                and
                  (B) a fiscal and administrative agent, such 
                as an existing regional planning and 
                development organization, to provide 
                professional planning, management, and 
                administrative support.
          (4) Duties.--The duties of a regional transportation 
        planning organization shall include--
                  (A) developing and maintaining, in 
                cooperation with the State, regional long-range 
                multimodal transportation plans;
                  (B) developing a regional transportation 
                improvement program for consideration by the 
                State;
                  (C) fostering the coordination of local 
                planning, land use, and economic development 
                plans with State, regional, and local 
                transportation plans and programs;
                  (D) providing technical assistance to local 
                officials;
                  (E) participating in national, multistate, 
                and State policy and planning development 
                processes to ensure the regional and local 
                input of nonmetropolitan areas;
                  (F) providing a forum for public 
                participation in the statewide and regional 
                transportation planning processes;
                  (G) considering and sharing plans and 
                programs with neighboring regional 
                transportation planning organizations, 
                metropolitan planning organizations, and, where 
                appropriate, tribal organizations; and
                  (H) conducting other duties, as necessary, to 
                support and enhance the statewide planning 
                process under subsection (d).
          (5) States without regional transportation planning 
        organizations.--If a State chooses not to establish or 
        designate a regional transportation planning 
        organization, the State shall consult with affected 
        nonmetropolitan local officials to determine projects 
        that may be of regional significance.

           *       *       *       *       *       *       *


Sec. 5307. Urbanized area formula grants

  (a) General Authority.--
          (1) Recipient defined.--In this section, the term 
        ``recipient'' means a designated recipient, State, or 
        local governmental authority that receives a grant 
        under this section directly from the Government.
          [(1)] (2) Grants.--The Secretary may make grants 
        under this section for--
                  (A) capital projects;
                  (B) planning;
                  (C) job access and reverse commute projects; 
                and
                  (D) operating costs of equipment and 
                facilities for use in public transportation in 
                an urbanized area with a population of fewer 
                than 200,000 individuals, as determined by the 
                Bureau of the Census.
          [(2)] (3) Special rule.--The Secretary may make 
        grants under this section to finance the operating cost 
        of equipment and facilities for use in public 
        transportation, excluding rail fixed guideway, in an 
        urbanized area with a population of not fewer than 
        200,000 individuals, as determined by the Bureau of the 
        Census--
                  (A) for public transportation systems that 
                operate 75 or fewer buses in fixed route 
                service or general public demand response 
                service during peak service hours, in an amount 
                not to exceed 75 percent of the share of the 
                apportionment which is attributable to such 
                systems within the urbanized area, as measured 
                by vehicle revenue hours; and
                  (B) for public transportation systems that 
                operate a minimum of 76 buses and a maximum of 
                100 buses in fixed route service or general 
                public demand response service during peak 
                service hours, in an amount not to exceed 50 
                percent of the share of the apportionment which 
                is attributable to such systems within the 
                urbanized area, as measured by vehicle revenue 
                hours.
          (4) Exception to the special rule.--Notwithstanding 
        paragraph (3), if a public transportation system 
        described in such paragraph executes a written 
        agreement with 1 or more other public transportation 
        systems to allocate funds under this subsection, other 
        than by measuring vehicle revenue hours, each of the 
        public transportation systems to the agreement may 
        follow the terms of such agreement without regard to 
        the percentages or the measured vehicle revenue hours 
        referred to in such paragraph.
  (b) Program of Projects.--Each recipient of a grant shall--
          (1) make available to the public information on 
        amounts available to the recipient under this section;
          (2) develop, in consultation with interested parties, 
        including private transportation providers, a proposed 
        program of projects for activities to be financed;
          (3) publish a proposed program of projects in a way 
        that affected individuals, private transportation 
        providers, and local elected officials have the 
        opportunity to examine the proposed program and submit 
        comments on the proposed program and the performance of 
        the recipient;
          (4) provide an opportunity for a public hearing in 
        which to obtain the views of individuals on the 
        proposed program of projects;
          (5) ensure that the proposed program of projects 
        provides for the coordination of public transportation 
        services assisted under section 5336 of this title with 
        transportation services assisted from other United 
        States Government sources;
          (6) consider comments and views received, especially 
        those of private transportation providers, in preparing 
        the final program of projects; and
          (7) make the final program of projects available to 
        the public.
  (c) Grant Recipient Requirements.--A recipient may receive a 
grant in a fiscal year only if--
          (1) the recipient, within the time the Secretary 
        prescribes, submits a final program of projects 
        prepared under subsection (b) of this section and a 
        certification for that fiscal year that the recipient 
        (including a person receiving amounts from a Governor 
        under this section)--
                  (A) has or will have the legal, financial, 
                and technical capacity to carry out the 
                program, including safety and security aspects 
                of the program;
                  (B) has or will have satisfactory continuing 
                control over the use of equipment and 
                facilities;
                  (C) will maintain equipment and facilities;
                  (D) will ensure that, during non-peak hours 
                for transportation using or involving a 
                facility or equipment of a project financed 
                under this section, a fare that is not more 
                than 50 percent of the peak hour fare will be 
                charged for any--
                          (i) senior;
                          (ii) individual who, because of 
                        illness, injury, age, congenital 
                        malfunction, or other incapacity or 
                        temporary or permanent disability 
                        (including an individual who is a 
                        wheelchair user or has semiambulatory 
                        capability), cannot use a public 
                        transportation service or a public 
                        transportation facility effectively 
                        without special facilities, planning, 
                        or design; and
                          (iii) individual presenting a 
                        Medicare card issued to that individual 
                        under title II or XVIII of the Social 
                        Security Act (42 U.S.C. 401 et seq. and 
                        1395 et seq.);
                  (E) in carrying out a procurement under this 
                section, will comply with sections 5323 and 
                5325;
                  (F) has complied with subsection (b) of this 
                section;
                  (G) has available and will provide the 
                required amounts as provided by subsection (d) 
                of this section;
                  (H) will comply with sections 5303 and 5304;
                  (I) has a locally developed process to 
                solicit and consider public comment before 
                raising a fare or carrying out a major 
                reduction of transportation;
                  (J)(i) will expend for each fiscal year for 
                public transportation security projects, 
                including increased lighting in or adjacent to 
                a public transportation system (including bus 
                stops, subway stations, parking lots, and 
                garages), increased camera surveillance of an 
                area in or adjacent to that system, providing 
                an emergency telephone line to contact law 
                enforcement or security personnel in an area in 
                or adjacent to that system, and any other 
                project intended to increase the security and 
                safety of an existing or planned public 
                transportation system, at least 1 percent of 
                the amount the recipient receives for each 
                fiscal year under section 5336 of this title; 
                or
                  (ii) has decided that the expenditure for 
                security projects is not necessary;
                  (K) in the case of a recipient for an 
                urbanized area with a population of not fewer 
                than 200,000 individuals, as determined by the 
                Bureau of the Census--
                          (i) will expend not less than [1 
                        percent] one-half of 1 percent of the 
                        amount the recipient receives each 
                        fiscal year under this section for 
                        associated transit improvements, as 
                        defined in section 5302; and
                          (ii) will submit an annual report 
                        listing projects carried out in the 
                        preceding fiscal year with those funds; 
                        and
                  (L) will comply with section 5329(d); and
          (2) the Secretary accepts the certification.
  (d) 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) Operating expenses.--A grant for operating 
        expenses under this section may not exceed 50 percent 
        of the net project cost of the project.
          (3) Remaining costs.--Subject to paragraph (4), the 
        remainder of the net project costs shall be provided--
                  (A) in cash from non-Government sources other 
                than revenues from providing public 
                transportation services;
                  (B) from revenues from the sale of 
                advertising and concessions;
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital;
                  (D) from amounts appropriated or otherwise 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation; and
                  (E) from amounts received under a service 
                agreement with a State or local social service 
                agency or private social service organization.
          (4) Use of certain funds.--For purposes of 
        subparagraphs (D) and (E) of paragraph (3), the 
        prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the 
        Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall 
        not apply to Federal or State funds to be used for 
        transportation purposes.
  (e) Undertaking Projects in Advance.--
          (1) Payment.--The Secretary may pay the Government 
        share of the net project cost to a State or local 
        governmental authority that carries out any part of a 
        project eligible under subparagraph (A) or (B) of 
        subsection (a)(1) without the aid of amounts of the 
        Government and according to all applicable procedures 
        and requirements if--
                  (A) the recipient applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before carrying out any part of the 
                project, the Secretary approves the plans and 
                specifications for the part in the same way as 
                for other projects under this section.
          (2) Approval of application.--The Secretary may 
        approve an application under paragraph (1) of this 
        subsection only if an authorization for this section is 
        in effect for the fiscal year to which the application 
        applies. The Secretary may not approve an application 
        if the payment will be more than--
                  (A) the recipient's expected apportionment 
                under section 5336 of this title if the total 
                amount authorized to be appropriated for the 
                fiscal year to carry out this section is 
                appropriated; less
                  (B) the maximum amount of the apportionment 
                that may be made available for projects for 
                operating expenses under this section.
          (3) Financing costs.--
                  (A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the recipient to the extent proceeds of the 
                bonds are expended in carrying out the part.
                  (B) Limitation on the amount of interest.--
                The amount of interest allowed under this 
                paragraph may not be more than the most 
                favorable financing terms reasonably available 
                for the project at the time of borrowing.
                  (C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financing terms.
  (f) Reviews, Audits, and Evaluations.--
          (1) Annual review.--
                  (A) In general.--At least annually, the 
                Secretary shall carry out, or require a 
                recipient to have carried out independently, 
                reviews and audits the Secretary considers 
                appropriate to establish whether the recipient 
                has carried out--
                          (i) the activities proposed under 
                        subsection (c) of this section in a 
                        timely and effective way and can 
                        continue to do so; and
                          (ii) those activities and its 
                        certifications and has used amounts of 
                        the Government in the way required by 
                        law.
                  (B) Auditing procedures.--An audit of the use 
                of amounts of the Government shall comply with 
                the auditing procedures of the Comptroller 
                General.
          (2) Triennial review.--At least once every 3 years, 
        the Secretary shall review and evaluate completely the 
        performance of a recipient in carrying out the 
        recipient's program, specifically referring to 
        compliance with statutory and administrative 
        requirements and the extent to which actual program 
        activities are consistent with the activities proposed 
        under subsection (c) of this section and the planning 
        process required under sections 5303, 5304, and 5305 of 
        this title. To the extent practicable, the Secretary 
        shall coordinate such reviews with any related State or 
        local reviews.
          (3) Actions resulting from review, audit, or 
        evaluation.--The Secretary may take appropriate action 
        consistent with a review, audit, and evaluation under 
        this subsection, including making an appropriate 
        adjustment in the amount of a grant or withdrawing the 
        grant.
  (g) Treatment.--For purposes of this section, the United 
States Virgin Islands shall be treated as an urbanized area, as 
defined in section 5302.
  (h) Passenger Ferry Grants.--
          (1) In general.--The Secretary may make grants under 
        this subsection to recipients for passenger ferry 
        projects that are eligible for a grant under subsection 
        (a).
          (2) Grant requirements.--Except as otherwise provided 
        in this subsection, a grant under this subsection shall 
        be subject to the same terms and conditions as a grant 
        under subsection (a).
          (3) Competitive process.--The Secretary shall solicit 
        grant applications and make grants for eligible 
        projects on a competitive basis.

           *       *       *       *       *       *       *


Sec. 5309. Fixed guideway capital investment grants

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Applicant.--The term ``applicant'' means a State 
        or local governmental authority that applies for a 
        grant under this section.
          (2) Core capacity improvement project.--The term 
        ``core capacity improvement project'' 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. The 
        term does not include project elements designed to 
        maintain a state of good repair of the existing fixed 
        guideway system.
          (3) 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, including defined 
        stations; traffic signal priority for public 
        transportation vehicles; short headway bidirectional 
        services for a substantial part of weekdays and weekend 
        days; and any other features the Secretary may 
        determine support a long-term corridor investment, but 
        the majority of which does not operate in a separated 
        right-of-way dedicated for public transportation use 
        during peak periods.
          (4) Fixed guideway bus rapid transit project.--The 
        term ``fixed guideway bus rapid transit project'' means 
        a bus capital project--
                  (A) in which the majority of the project 
                operates in a separated right-of-way dedicated 
                for public transportation use during peak 
                periods;
                  (B) that represents a substantial investment 
                in a single route in a defined corridor or 
                subarea; and
                  (C) 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.
          (5) New fixed guideway capital project.--The term 
        ``new fixed guideway capital project'' means--
                  (A) a new fixed guideway project that is a 
                minimum operable segment or extension to an 
                existing fixed guideway system; or
                  (B) a fixed guideway bus rapid transit 
                project that is a minimum operable segment or 
                an extension to an existing bus rapid transit 
                system.
          (6) Program of interrelated projects.--The term 
        ``program of interrelated projects'' means the 
        simultaneous development of--
                  (A) 2 or more new fixed guideway capital 
                projects, small start projects, or core 
                capacity improvement projects; or
                  [(B) 1 or more new fixed guideway capital 
                projects and 1 or more core capacity 
                improvement projects.]
                  (B) 2 or more projects that are any 
                combination of new fixed guideway capital 
                projects, small start projects, and core 
                capacity improvement projects.
          (7) Small start project.--The term ``small start 
        project'' means a new fixed guideway capital project or 
        corridor-based bus rapid transit project for which--
                  (A) the Federal assistance provided or to be 
                provided under this section is less than 
                $75,000,000; and
                  (B) the total estimated net capital cost is 
                less than $250,000,000.
  (b) General Authority.--The Secretary may make grants under 
this section to State and local governmental authorities to 
assist in financing--
          (1) 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 fixed guideway corridor development for 
        projects in the advanced stages of project development 
        or engineering; and
          (2) 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 at least 10 percent. Core capacity 
        improvement projects do not include elements to improve 
        general station facilities or parking, or acquisition 
        of rolling stock alone.
  (c) Grant Requirements.--
          (1) In general.--The Secretary may make a grant under 
        this section for new fixed guideway capital projects, 
        small start projects, or core capacity improvement 
        projects, if the Secretary determines that--
                  (A) the project is part of an approved 
                transportation plan required under sections 
                5303 and 5304; and
                  (B) the applicant has, or will have--
                          (i) the legal, financial, and 
                        technical capacity to carry out the 
                        project, including the safety and 
                        security aspects of the project;
                          (ii) satisfactory continuing control 
                        over the use of the equipment or 
                        facilities; and
                          (iii) the technical and financial 
                        capacity to maintain new and existing 
                        equipment and facilities.
          (2) Certification.--An applicant that has submitted 
        the certifications required under subparagraphs (A), 
        (B), (C), and (H) of section 5307(c)(1) shall be deemed 
        to have provided sufficient information upon which the 
        Secretary may make the determinations required under 
        this subsection.
          (3) Technical capacity.--The Secretary shall use an 
        expedited technical capacity review process for 
        applicants that have recently and successfully 
        completed at least 1 new fixed guideway capital 
        project, or core capacity improvement project, if--
                  (A) the applicant achieved budget, cost, and 
                ridership outcomes for the project that are 
                consistent with or better than projections; and
                  (B) the applicant demonstrates that the 
                applicant continues to have the staff expertise 
                and other resources necessary to implement a 
                new project.
          (4) Recipient requirements.--A recipient of a grant 
        awarded under this section shall be subject to all 
        terms, conditions, requirements, and provisions that 
        the Secretary determines to be necessary or appropriate 
        for purposes of this section.
  (d) New Fixed Guideway Grants.--
          (1) Project development phase.--
                  (A) Entrance into project development 
                phase.--A new fixed guideway capital project 
                shall enter into the project development phase 
                when--
                          (i) the applicant--
                                  (I) submits a letter to the 
                                Secretary describing the 
                                project and requesting entry 
                                into the project development 
                                phase; and
                                  (II) initiates activities 
                                required to be carried out 
                                under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                with respect to the project; 
                                and
                          (ii) the Secretary--
                                  (I) responds in writing to 
                                the applicant within 45 days 
                                whether the information 
                                provided is sufficient to enter 
                                into the project development 
                                phase, including, when 
                                necessary, a detailed 
                                description of any information 
                                deemed insufficient; and
                                  (II) provides concurrent 
                                notice to the Committee on 
                                Banking, Housing, and Urban 
                                Affairs of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives of whether the 
                                new fixed guideway capital 
                                project is entering the project 
                                development phase.
                  (B) Activities during project development 
                phase.--Concurrent with the analysis required 
                to be made under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                each applicant shall develop sufficient 
                information to enable the Secretary to make 
                findings of project justification, policies and 
                land use patterns that promote public 
                transportation, and local financial commitment 
                under this subsection.
                  (C) Completion of project development 
                activities required.--
                          (i) In general.--Not later than 2 
                        years after the date on which a project 
                        enters into the project development 
                        phase, the applicant shall complete the 
                        activities required to obtain a project 
                        rating under subsection (g)(2) and 
                        submit completed documentation to the 
                        Secretary.
                          (ii) Extension of time.--Upon the 
                        request of an applicant, the Secretary 
                        may extend the time period under clause 
                        (i), if the applicant submits to the 
                        Secretary--
                                  (I) a reasonable plan for 
                                completing the activities 
                                required under this paragraph; 
                                and
                                  (II) an estimated time period 
                                within which the applicant will 
                                complete such activities.
          (2) Engineering phase.--
                  (A) In general.--A new fixed guideway capital 
                project may advance to the engineering phase 
                upon completion of activities required under 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), as demonstrated by a 
                record of decision with respect to the project, 
                a finding that the project has no significant 
                impact, or a determination that the project is 
                categorically excluded, only if the Secretary 
                determines that the project--
                          (i) is selected as the locally 
                        preferred alternative at the completion 
                        of the process required under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.);
                          (ii) is adopted into the metropolitan 
                        transportation plan required under 
                        section 5303;
                          (iii) is justified based on a 
                        comprehensive review of the project's 
                        mobility improvements, the project's 
                        environmental benefits, congestion 
                        relief associated with the project, 
                        economic development effects associated 
                        with the project, policies and land use 
                        patterns of the project that support 
                        public transportation, and the 
                        project's cost- effectiveness as 
                        measured by cost per rider;
                          (iv) is supported by policies and 
                        land use patterns that promote public 
                        transportation, including plans for 
                        future land use and rezoning, and 
                        economic development around public 
                        transportation stations; and
                          (v) is supported by an acceptable 
                        degree of local financial commitment 
                        (including evidence of stable and 
                        dependable financing sources), as 
                        required under subsection (f).
                  (B) Determination that project is 
                justified.--In making a determination under 
                subparagraph (A)(iii), the Secretary shall 
                evaluate, analyze, and consider--
                          (i) the reliability of the 
                        forecasting methods used to estimate 
                        costs and utilization made by the 
                        recipient and the contractors to the 
                        recipient; and
                          (ii) population density and current 
                        public transportation ridership in the 
                        transportation corridor.
  (e) Core Capacity Improvement Projects.--
          (1) Project development phase.--
                  (A) Entrance into project development 
                phase.--A core capacity improvement project 
                shall be deemed to have entered into the 
                project development phase if--
                          (i) the applicant--
                                  (I) submits a letter to the 
                                Secretary describing the 
                                project and requesting entry 
                                into the project development 
                                phase; and
                                  (II) initiates activities 
                                required to be carried out 
                                under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                with respect to the project; 
                                and
                          (ii) the Secretary--
                                  (I) responds in writing to 
                                the applicant within 45 days 
                                whether the information 
                                provided is sufficient to enter 
                                into the project development 
                                phase, including when necessary 
                                a detailed description of any 
                                information deemed 
                                insufficient; and
                                  (II) provides concurrent 
                                notice to the Committee on 
                                Banking, Housing, and Urban 
                                Affairs of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives of whether the 
                                core capacity improvement 
                                project is entering the project 
                                development phase.
                  (B) Activities during project development 
                phase.--Concurrent with the analysis required 
                to be made under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                each applicant shall develop sufficient 
                information to enable the Secretary to make 
                findings of project justification and local 
                financial commitment under this subsection.
                  (C) Completion of project development 
                activities required.--
                          (i) In general.--Not later than 2 
                        years after the date on which a project 
                        enters into the project development 
                        phase, the applicant shall complete the 
                        activities required to obtain a project 
                        rating under subsection (g)(2) and 
                        submit completed documentation to the 
                        Secretary.
                          (ii) Extension of time.--Upon the 
                        request of an applicant, the Secretary 
                        may extend the time period under clause 
                        (i), if the applicant submits to the 
                        Secretary--
                                  (I) a reasonable plan for 
                                completing the activities 
                                required under this paragraph; 
                                and
                                  (II) an estimated time period 
                                within which the applicant will 
                                complete such activities.
          (2) Engineering phase.--
                  (A) In general.--A core capacity improvement 
                project may advance into the engineering phase 
                upon completion of activities required under 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), as demonstrated by a 
                record of decision with respect to the project, 
                a finding that the project has no significant 
                impact, or a determination that the project is 
                categorically excluded, only if the Secretary 
                determines that the project--
                          (i) is selected as the locally 
                        preferred alternative at the completion 
                        of the process required under the 
                        National Environmental Policy Act of 
                        1969;
                          (ii) is adopted into the metropolitan 
                        transportation plan required under 
                        section 5303;
                          (iii) is in a corridor that is--
                                  (I) at or over capacity; or
                                  (II) projected to be at or 
                                over capacity within the next 5 
                                years;
                          (iv) is justified based on a 
                        comprehensive review of the project's 
                        mobility improvements, the project's 
                        environmental benefits, congestion 
                        relief associated with the project, 
                        economic development effects associated 
                        with the project, the capacity needs of 
                        the corridor, and the project's cost-
                        effectiveness as measured by cost per 
                        rider; and
                          (v) is supported by an acceptable 
                        degree of local financial commitment 
                        (including evidence of stable and 
                        dependable financing sources), as 
                        required under subsection (f).
                  (B) Determination that project is 
                justified.--In making a determination under 
                subparagraph (A)(iv), the Secretary shall 
                evaluate, analyze, and consider--
                          (i) the reliability of the 
                        forecasting methods used to estimate 
                        costs and utilization made by the 
                        recipient and the contractors to the 
                        recipient;
                          (ii) whether the project will 
                        increase capacity at least 10 percent 
                        in a corridor;
                          (iii) whether the project will 
                        improve interconnectivity among 
                        existing systems; and
                          (iv) whether the project will improve 
                        environmental outcomes.
  (f) Financing Sources.--
          (1) Requirements.--In determining whether a project 
        is supported by an acceptable degree of local financial 
        commitment and shows evidence of stable and dependable 
        financing sources for purposes of subsection 
        (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall 
        require that--
                  (A) the proposed project plan provides for 
                the availability of contingency amounts that 
                the Secretary determines to be reasonable to 
                cover unanticipated cost increases or funding 
                shortfalls;
                  (B) each proposed local source of capital and 
                operating financing is stable, reliable, and 
                available within the proposed project 
                timetable; and
                  (C) local resources are available to 
                recapitalize, maintain, and operate the overall 
                existing and proposed public transportation 
                system, including essential feeder bus and 
                other services necessary to achieve the 
                projected ridership levels without requiring a 
                reduction in existing public transportation 
                services or level of service to operate the 
                project.
          (2) Considerations.--In assessing the stability, 
        reliability, and availability of proposed sources of 
        local financing for purposes of subsection (d)(2)(A)(v) 
        or (e)(2)(A)(v), the Secretary shall consider--
                  (A) the reliability of the forecasting 
                methods used to estimate costs and revenues 
                made by the recipient and the contractors to 
                the recipient;
                  (B) existing grant commitments;
                  (C) the degree to which financing sources are 
                dedicated to the proposed purposes;
                  (D) any debt obligation that exists, or is 
                proposed by the recipient, for the proposed 
                project or other public transportation purpose;
                  (E) the extent to which the project has a 
                local financial commitment that exceeds the 
                required non-Government share of the cost of 
                the project; and
                  (F) private contributions to the project, 
                including cost-effective project delivery, 
                management or transfer of project risks, 
                expedited project schedule, financial 
                partnering, and other public-private 
                partnership strategies.
  (g) Project Advancement and Ratings.--
          (1) Project advancement.--A new fixed guideway 
        capital project or core capacity improvement project 
        proposed to be carried out using a grant under this 
        section may not advance from the project development 
        phase to the engineering phase, or from the engineering 
        phase to the construction phase, unless the Secretary 
        determines that--
                  (A) the project meets the applicable 
                requirements under this section; and
                  (B) there is a reasonable likelihood that the 
                project will continue to meet the requirements 
                under this section.
          (2) Ratings.--
                  (A) Overall rating.--In making a 
                determination under paragraph (1), the 
                Secretary shall evaluate and rate a project as 
                a whole on a 5-point scale (high, medium-high, 
                medium, medium-low, or low) based on--
                          (i) in the case of a new fixed 
                        guideway capital project, the project 
                        justification criteria under subsection 
                        (d)(2)(A)(iii), the policies and land 
                        use patterns that support public 
                        transportation, and the degree of local 
                        financial commitment; and
                          (ii) in the case of a core capacity 
                        improvement project, the capacity needs 
                        of the corridor, the project 
                        justification criteria under subsection 
                        (e)(2)(A)(iv), and the degree of local 
                        financial commitment.
                  (B) Individual ratings for each criterion.--
                In rating a project under this paragraph, the 
                Secretary shall--
                          (i) provide, in addition to the 
                        overall project rating under 
                        subparagraph (A), individual ratings 
                        for each of the criteria established 
                        under subsection (d)(2)(A)(iii) or 
                        (e)(2)(A)(iv), as applicable; and
                          (ii) give comparable, but not 
                        necessarily equal, numerical weight to 
                        each of the criteria established under 
                        subsections (d)(2)(A)(iii) or 
                        (e)(2)(A)(iv), as applicable, in 
                        calculating the overall project rating 
                        under clause (i).
                  (C) Medium rating not required.--The 
                Secretary shall not require that any single 
                project justification criterion meet or exceed 
                a ``medium'' rating in order to advance the 
                project from one phase to another.
          (3) Warrants.--The Secretary shall, to the maximum 
        extent practicable, develop and use special warrants 
        for making a project justification determination under 
        subsection (d)(2) or (e)(2), as applicable, for a 
        project proposed to be funded using a grant under this 
        section, if--
                  (A) the share of the cost of the project to 
                be provided under this section does not 
                exceed--
                          (i) $100,000,000; or
                          (ii) 50 percent of the total cost of 
                        the project;
                  (B) the applicant requests the use of the 
                warrants;
                  (C) the applicant certifies that its existing 
                public transportation system is in a state of 
                good repair; and
                  (D) the applicant meets any other 
                requirements that the Secretary considers 
                appropriate to carry out this subsection.
          (4) Letters of intent and early systems work 
        agreements.--In order to expedite a project under this 
        subsection, the Secretary shall, to the maximum extent 
        practicable, issue letters of intent and enter into 
        early systems work agreements upon issuance of a record 
        of decision for projects that receive an overall 
        project rating of medium or better.
          (5) Policy guidance.--The Secretary shall issue 
        policy guidance regarding the review and evaluation 
        process and criteria--
                  (A) not later than 180 days after the date of 
                enactment of the Federal Public Transportation 
                Act of 2012; and
                  (B) each time the Secretary makes significant 
                changes to the process and criteria, but not 
                less frequently than once every 2 years.
          (6) Rules.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 
        2012, the Secretary shall issue rules establishing an 
        evaluation and rating process for--
                  (A) new fixed guideway capital projects that 
                is based on the results of project 
                justification, policies and land use patterns 
                that promote public transportation, and local 
                financial commitment, as required under this 
                subsection; and
                  (B) core capacity improvement projects that 
                is based on the results of the capacity needs 
                of the corridor, project justification, and 
                local financial commitment.
          (7) Applicability.--This subsection shall not apply 
        to a project for which the Secretary issued a letter of 
        intent, entered into a full funding grant agreement, or 
        entered into a project construction agreement before 
        the date of enactment of the Federal Public 
        Transportation Act of 2012.
  (h) Small Start Projects.--
          (1) In general.--A small start project shall be 
        subject to the requirements of this subsection.
          (2) Project development phase.--
                  (A) Entrance into project development 
                phase.--A new small starts project shall enter 
                into the project development phase when--
                          (i) the applicant--
                                  (I) submits a letter to the 
                                Secretary describing the 
                                project and requesting entry 
                                into the project development 
                                phase; and
                                  (II) initiates activities 
                                required to be carried out 
                                under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                with respect to the project; 
                                and
                          (ii) the Secretary--
                                  (I) responds in writing to 
                                the applicant within 45 days 
                                whether the information 
                                provided is sufficient to enter 
                                into the project development 
                                phase, including, when 
                                necessary, a detailed 
                                description of any information 
                                deemed insufficient; and
                                  (II) provides concurrent 
                                notice to the Committee on 
                                Banking, Housing, and Urban 
                                Affairs of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives of whether the 
                                small starts project is 
                                entering the project 
                                development phase.
                  (B) Activities during project development 
                phase.--Concurrent with the analysis required 
                to be made under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                each applicant shall develop sufficient 
                information to enable the Secretary to make 
                findings of project justification, policies and 
                land use patterns that promote public 
                transportation, and local financial commitment 
                under this subsection.
          (3) Selection criteria.--The Secretary may provide 
        Federal assistance for a small start project under this 
        subsection only if the Secretary determines that the 
        project--
                  (A) has been adopted as the locally preferred 
                alternative as part of the metropolitan 
                transportation plan required under section 
                5303;
                  (B) is based on the results of an analysis of 
                the benefits of the project as set forth in 
                paragraph (4); and
                  (C) is supported by an acceptable degree of 
                local financial commitment.
          (4) Evaluation of benefits and Federal investment.--
        In making a determination for a small start project 
        under paragraph (3)(B), the Secretary shall analyze, 
        evaluate, and consider the following evaluation 
        criteria for the project (as compared to a no-action 
        alternative): mobility improvements, environmental 
        benefits, congestion relief, economic development 
        effects associated with the project, policies and land 
        use patterns that support public transportation and 
        cost-effectiveness as measured by cost per rider.
          (5) Evaluation of local financial commitment.--For 
        purposes of paragraph (3)(C), the Secretary shall 
        require that each proposed local source of capital and 
        operating financing is stable, reliable, and available 
        within the proposed project timetable.
          (6) Ratings.--[In carrying out]
                  (A) In general._In carrying out paragraphs 
                (4) and (5) for a small start project, the 
                Secretary shall evaluate and rate the project 
                on a 5-point scale (high, medium-high, medium, 
                medium-low, or low) based on an evaluation of 
                the benefits of the project as compared to the 
                Federal assistance to be provided and the 
                degree of local financial commitment, as 
                required under this subsection. In rating the 
                projects, the Secretary shall provide, in 
                addition to the overall project rating, 
                individual ratings for each of the criteria 
                established by this subsection and shall give 
                comparable, but not necessarily equal, 
                numerical weight to the benefits that the 
                project will bring to the community in 
                calculating the overall project rating.
                  (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.).
          (7) Grants and expedited grant agreements.--
                  (A) In general.--The Secretary, to the 
                maximum extent practicable, shall provide 
                Federal assistance under this subsection 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.
                  (B) Terms of expedited grant agreements.--In 
                executing an expedited grant agreement under 
                this subsection, the Secretary may include in 
                the agreement terms similar to those 
                established under subsection (k)(2).
                  (C) Notice of proposed grants and expedited 
                grant agreements.--At least 10 days before 
                making a grant award or entering into a grant 
                agreement for a project under this subsection, 
                the Secretary shall notify, in writing, the 
                Committee on Transportation and Infrastructure 
                and the Committee on Appropriations of the 
                House of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs and the 
                Committee on Appropriations of the Senate of 
                the proposed grant or expedited grant 
                agreement, as well as the evaluations and 
                ratings for the project.
  (i) Programs of Interrelated Projects.--
          (1) Project development phase.--A federally funded 
        project in a program of interrelated projects shall 
        advance through project development as provided in 
        [subsection (d) or (e)] subsection (d), (e), or (h), as 
        applicable.
          (2) Engineering phase.--A federally funded new fixed 
        guideway capital project or core capacity improvement 
        project in a program of interrelated projects may 
        advance into the engineering phase upon completion of 
        activities required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
        demonstrated by a record of decision with respect to 
        the project, a finding that the project has no 
        significant impact, or a determination that the project 
        is categorically excluded, only if the Secretary 
        determines that--
                  (A) the project is selected as the locally 
                preferred alternative at the completion of the 
                process required under the National 
                Environmental Policy Act of 1969;
                  (B) the project is adopted into the 
                metropolitan transportation plan required under 
                section 5303;
                  (C) the program of interrelated projects 
                involves projects that have a logical 
                connectivity to one another;
                  [(D) the program of interrelated projects, 
                when evaluated as a whole, meets the 
                requirements of subsection (d)(2) or (e)(2), as 
                applicable;]
                  (D) the program of interrelated projects, 
                when evaluated as a whole--
                          (i) meets the requirements of 
                        subsection (d)(2), subsection (e)(2), 
                        or paragraphs (3) and (4) of subsection 
                        (h), as applicable, if the program is 
                        comprised entirely of--
                                  (I) new fixed guideway 
                                capital projects;
                                  (II) core capacity 
                                improvement projects; or
                                  (III) small start projects; 
                                or
                          (ii) meets the requirements of 
                        subsection (d)(2) if the program is 
                        comprised of any combination of new 
                        fixed guideway projects, small start 
                        projects, and core capacity improvement 
                        projects.
                  (E) the program of interrelated projects is 
                supported by a program implementation plan 
                demonstrating that construction will begin on 
                each of the projects in the program of 
                interrelated projects within a reasonable time 
                frame; and
                  (F) the program of interrelated projects is 
                supported by an acceptable degree of local 
                financial commitment, as described in 
                subsection (f).
          (3) Project advancement and ratings.--
                  [(A) Project advancement.--A project 
                receiving a grant under this section that is 
                part of a program of interrelated projects may 
                not advance 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.]
                  (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.
                  (B) Ratings.--
                          (i) Overall rating.--In making a 
                        determination under subparagraph (A), 
                        the Secretary shall evaluate and rate a 
                        program of interrelated projects on a 
                        5-point scale (high, medium-high, 
                        medium, medium-low, or low) based on 
                        the criteria described in paragraph 
                        (2).
                          (ii) Individual rating for each 
                        criterion.--In rating a program of 
                        interrelated projects, the Secretary 
                        shall provide, in addition to the 
                        overall program rating, individual 
                        ratings for each of the criteria 
                        described in paragraph (2) and shall 
                        give comparable, but not necessarily 
                        equal, numerical weight to each such 
                        criterion in calculating the overall 
                        program rating.
                          (iii) Medium rating not required.--
                        The Secretary shall not require that 
                        any single criterion described in 
                        paragraph (2) meet or exceed a 
                        ``medium'' rating in order to advance 
                        the program of interrelated projects 
                        from one phase to another.
          (4) Annual review.--
                  (A) Review required.--The Secretary shall 
                annually review the program implementation plan 
                required under paragraph (2)(E) to determine 
                whether the program of interrelated projects is 
                adhering to its schedule.
                  (B) Extension of time.--If a program of 
                interrelated projects is not adhering to its 
                schedule, the Secretary may, upon the request 
                of the applicant, grant an extension of time if 
                the applicant submits a reasonable plan that 
                includes--
                          (i) evidence of continued adequate 
                        funding; and
                          (ii) an estimated time frame for 
                        completing the program of interrelated 
                        projects.
                  (C) Satisfactory progress required.--If the 
                Secretary determines that a program of 
                interrelated projects is not making 
                satisfactory progress, no Federal funds shall 
                be provided for a project within the program of 
                interrelated projects.
          (5) Failure to carry out program of interrelated 
        projects.--
                  (A) Repayment required.--If an applicant does 
                not carry out the program of interrelated 
                projects within a reasonable time, for reasons 
                within the control of the applicant, the 
                applicant shall repay all Federal funds 
                provided for the program, and any reasonable 
                interest and penalty charges that the Secretary 
                may establish.
                  (B) Crediting of funds received.--Any funds 
                received by the Government under this 
                paragraph, other than interest and penalty 
                charges, shall be credited to the appropriation 
                account from which the funds were originally 
                derived.
          (6) Non-Federal funds.--Any non-Federal funds 
        committed to a project in a program of interrelated 
        projects may be used to meet a non-Government share 
        requirement for any other project in the program of 
        interrelated projects, if the Government share of the 
        cost of each project within the program of interrelated 
        projects does not exceed 80 percent.
          (7) Priority.--In making grants under this section, 
        the Secretary may give priority to programs of 
        interrelated projects for which the non-Government 
        share of the cost of the projects included in the 
        programs of interrelated projects exceeds the non-
        Government share required under subsection (l).
          (8) Non-government projects.--Including a project not 
        financed by the Government in a program of interrelated 
        projects does not impose Government requirements that 
        would not otherwise apply to the project.
  (j) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (d) and (e) shall not apply to projects 
for which the Secretary has issued a letter of intent, approved 
entry into final design, entered into a full funding grant 
agreement, or entered into a project construction grant 
agreement before the date of enactment of the Federal Public 
Transportation Act of 2012.
  (k) Letters of Intent, Full Funding Grant Agreements, and 
Early Systems Work Agreements.--
          (1) Letters of intent.--
                  (A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an 
                applicant announcing an intention to obligate, 
                for a new fixed guideway capital project or 
                core capacity improvement project, 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. 
                When a letter is issued for a capital project 
                under this section, the amount shall be 
                sufficient to complete at least an operable 
                segment.
                  (B) Treatment.--The issuance of a letter 
                under subparagraph (A) is deemed not to be an 
                obligation under sections 1108(c), 1501, and 
                1502(a) of title 31 or an administrative 
                commitment.
          (2) Full funding grant agreements.--
                  (A) In general.--A new fixed guideway capital 
                project or core capacity improvement project 
                shall be carried out through a full funding 
                grant agreement.
                  (B) Criteria.--The Secretary shall enter into 
                a full funding grant agreement, based on the 
                evaluations and ratings required under 
                subsection (d), (e), or (i), as applicable, 
                with each grantee receiving assistance for a 
                new fixed guideway capital project or core 
                capacity improvement project that has been 
                rated as high, medium-high, or medium, in 
                accordance with subsection (g)(2)(A) or 
                (i)(3)(B), as applicable.
                  (C) Terms.--A full funding grant agreement 
                shall--
                          (i) establish the terms of 
                        participation by the Government in a 
                        new fixed guideway capital project or 
                        core capacity improvement project;
                          (ii) establish the maximum amount of 
                        Federal financial assistance for the 
                        project;
                          (iii) include the period of time for 
                        completing the project, even if that 
                        period extends beyond the period of an 
                        authorization; and
                          (iv) make timely and efficient 
                        management of the project easier 
                        according to the law of the United 
                        States.
                  (D) Special financial rules.--
                          (i) In general.--A full funding grant 
                        agreement under this paragraph 
                        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 
                        paragraph, to obligate an additional 
                        amount from future available budget 
                        authority specified in law.
                          (ii) Statement of contingent 
                        commitment.--The agreement shall state 
                        that the contingent commitment is not 
                        an obligation of the Government.
                          (iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out a 
                        part of the project within a reasonable 
                        time are a cost of carrying out the 
                        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 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 paragraph for a 
                        new fixed guideway capital project 
                        shall be sufficient to complete at 
                        least an operable segment.
                  (E) Before and after study.--
                          (i) In general.--A full funding grant 
                        agreement under this paragraph shall 
                        require the applicant to conduct a 
                        study that--
                                  (I) describes and analyzes 
                                the impacts of the new fixed 
                                guideway capital project or 
                                core capacity improvement 
                                project on public 
                                transportation services and 
                                public transportation 
                                ridership;
                                  (II) evaluates the 
                                consistency of predicted and 
                                actual project characteristics 
                                and performance; and
                                  (III) identifies reasons for 
                                differences between predicted 
                                and actual outcomes.
                          (ii) Information collection and 
                        analysis plan.--
                                  (I) Submission of plan.--
                                Applicants seeking a full 
                                funding grant agreement under 
                                this paragraph shall submit a 
                                complete plan for the 
                                collection and analysis of 
                                information to identify the 
                                impacts of the new fixed 
                                guideway capital project or 
                                core capacity improvement 
                                project and the accuracy of the 
                                forecasts prepared during the 
                                development of the project. 
                                Preparation of this plan shall 
                                be included in the full funding 
                                grant agreement as an eligible 
                                activity.
                                  (II) Contents of plan.--The 
                                plan submitted under subclause 
                                (I) shall provide for--
                                          (aa) collection of 
                                        data on the current 
                                        public transportation 
                                        system regarding public 
                                        transportation service 
                                        levels and ridership 
                                        patterns, including 
                                        origins and 
                                        destinations, access 
                                        modes, trip purposes, 
                                        and rider 
                                        characteristics;
                                          (bb) documentation of 
                                        the predicted scope, 
                                        service levels, capital 
                                        costs, operating costs, 
                                        and ridership of the 
                                        project;
                                          (cc) collection of 
                                        data on the public 
                                        transportation system 2 
                                        years after the opening 
                                        of a new fixed guideway 
                                        capital project or core 
                                        capacity improvement 
                                        project, including 
                                        analogous information 
                                        on public 
                                        transportation service 
                                        levels and ridership 
                                        patterns and 
                                        information on the as- 
                                        built scope, capital, 
                                        and financing costs of 
                                        the project; and
                                          (dd) analysis of the 
                                        consistency of 
                                        predicted project 
                                        characteristics with 
                                        actual outcomes.
                  (F) Collection of data on current system.--To 
                be eligible for a full funding grant agreement 
                under this paragraph, recipients shall have 
                collected data on the current system, according 
                to the plan required under subparagraph 
                (E)(ii), before the beginning of construction 
                of the proposed new fixed guideway capital 
                project or core capacity improvement project. 
                Collection of this data shall be included in 
                the full funding grant agreement as an eligible 
                activity.
          (3) Early systems work agreements.--
                  (A) Conditions.--The Secretary may enter into 
                an early systems work agreement with an 
                applicant if a record of decision under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been issued on the 
                project and the Secretary finds there is reason 
                to believe--
                          (i) a full funding grant agreement 
                        for the project will be made; and
                          (ii) the terms of the work agreement 
                        will promote ultimate completion of the 
                        project more rapidly and at less cost.
                  (B) Contents.--
                          (i) In general.--An early systems 
                        work agreement under this paragraph 
                        obligates budget authority available 
                        under this chapter and title 23 and 
                        shall provide for reimbursement of 
                        preliminary costs of carrying out the 
                        project, including land acquisition, 
                        timely procurement of system elements 
                        for which specifications are decided, 
                        and other activities the Secretary 
                        decides are appropriate to make 
                        efficient, long-term project management 
                        easier.
                          (ii) Contingent commitment.--An early 
                        systems work agreement may include a 
                        commitment, contingent on amounts to be 
                        specified in law in advance for 
                        commitments under this paragraph, to 
                        obligate an additional amount from 
                        future available budget authority 
                        specified in law.
                          (iii) Period covered.--An early 
                        systems work agreement under this 
                        paragraph shall cover the period of 
                        time the Secretary considers 
                        appropriate. The period may extend 
                        beyond the period of current 
                        authorization.
                          (iv) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out the 
                        early systems work agreement within a 
                        reasonable time are a cost of carrying 
                        out the agreement, except that eligible 
                        costs may not be more than the cost of 
                        the most favorable financing terms 
                        reasonably available for the 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.
                          (v) Failure to carry out project.--If 
                        an applicant does not carry out the 
                        project for reasons within the control 
                        of the applicant, the applicant shall 
                        repay all Federal grant funds awarded 
                        for the project from all Federal 
                        funding sources, for all project 
                        activities, facilities, and equipment, 
                        plus reasonable interest and penalty 
                        charges allowable by law or established 
                        by the Secretary in the early systems 
                        work agreement.
                          (vi) Crediting of funds received.--
                        Any funds received by the Government 
                        under this paragraph, other than 
                        interest and penalty charges, shall be 
                        credited to the appropriation account 
                        from which the funds were originally 
                        derived.
          (4) Limitation on amounts.--
                  (A) In general.--The Secretary may enter into 
                full funding grant agreements under this 
                subsection for new fixed guideway capital 
                projects and core capacity improvement projects 
                that contain contingent commitments to incur 
                obligations in such amounts as the Secretary 
                determines are appropriate.
                  (B) Appropriation required.--An obligation 
                may be made under this subsection only when 
                amounts are appropriated for the obligation.
          (5) Notification to Congress.--At least 30 days 
        before issuing a letter of intent, entering into a full 
        funding grant agreement, or entering into an early 
        systems work agreement under this section, 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 or agreement. The Secretary shall 
        include with the notification a copy of the proposed 
        letter or agreement as well as the evaluations and 
        ratings for the project.
  (l) Government Share of Net Capital Project Cost.--
          [(1) In general.--Based on engineering studies, 
        studies of economic feasibility, and information on the 
        expected use of equipment or facilities, the Secretary 
        shall estimate the net capital project cost. A grant 
        for a fixed guideway project or small start project 
        shall not exceed 80 percent of the net capital project 
        cost. A grant for a core capacity project shall not 
        exceed 80 percent of the net capital project cost of 
        the incremental cost of increasing the capacity in the 
        corridor.]
          (1) In general.--Based on engineering studies, 
        studies of economic feasibility, and information on the 
        expected use of equipment or facilities, the Secretary 
        shall estimate the net capital project cost. A grant 
        for a new fixed guideway project shall not exceed 50 
        percent of the net capital project cost. A grant for a 
        core capacity project shall not exceed 80 percent of 
        the net capital project cost of the incremental cost of 
        increasing the capacity in the corridor. A grant for a 
        small start project shall not exceed 80 percent.
          (2) Adjustment for completion under budget.--The 
        Secretary may adjust the final net capital project cost 
        of a new fixed guideway capital project or core 
        capacity improvement project evaluated under subsection 
        (d), (e), or (i) to include the cost of eligible 
        activities not included in the originally defined 
        project if the Secretary determines that the originally 
        defined project has been completed at a cost that is 
        significantly below the original estimate.
          (3) Maximum government share.--The Secretary may 
        provide a higher grant percentage than requested by the 
        grant recipient if--
                  (A) the Secretary determines that the net 
                capital project cost of the project is not more 
                than 10 percent higher than the net capital 
                project cost estimated at the time the project 
                was approved for advancement into the 
                engineering phase; and
                  (B) the ridership estimated for the project 
                is not less than 90 percent of the ridership 
                estimated for the project at the time the 
                project was approved for advancement into the 
                engineering phase.
          [(4) 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.]
          (4) Remaining costs.--The remainder of the net 
        project costs shall be provided--
                  (A) in cash from non-Government sources other 
                than revenues from providing public 
                transportation services;
                  (B) from revenues from the sale of 
                advertising and concessions;
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital; or
                  (D) from amounts appropriated or otherwise 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          (5) Limitation on statutory construction.--Nothing in 
        this section shall be construed as authorizing the 
        Secretary to require a non-Federal financial commitment 
        for a project that is more than 20 percent of the net 
        capital project cost.
          (6) Special rule for rolling stock costs.--In 
        addition to amounts allowed pursuant to paragraph (1), 
        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 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 Government is made at the same time.
          (7) Limitation on applicability.--This subsection 
        shall not apply to projects for which the Secretary 
        entered into a full funding grant agreement before the 
        date of enactment of the Federal Public Transportation 
        Act of 2012.
          (8) Special rule for fixed guideway bus rapid transit 
        projects.--For up to three fixed-guideway bus rapid 
        transit projects each fiscal year the Secretary shall--
                  (A) establish a Government share of at least 
                80 percent; and
                  (B) not lower the project's rating for degree 
                of local financial commitment for purposes of 
                subsections (d)(2)(A)(v) or (h)(3)(C) as a 
                result of the Government share specified in 
                this paragraph.
  (m) Undertaking Projects in Advance.--
          (1) In general.--The Secretary may pay the Government 
        share of the net capital project cost to a State or 
        local governmental authority that carries out any part 
        of a project described in this section without the aid 
        of amounts of the Government and according to all 
        applicable procedures and requirements if--
                  (A) the State or local governmental authority 
                applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before the State or local governmental 
                authority carries out the part of the project, 
                the Secretary approves the plans and 
                specifications for the part in the same way as 
                other projects under this section.
          (2) Financing costs.--
                  (A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the State or local governmental authority to 
                the extent proceeds of the bonds are expended 
                in carrying out the part.
                  (B) Limitation on amount of interest.--The 
                amount of interest under this paragraph may not 
                be more than the most favorable interest terms 
                reasonably available for the project at the 
                time of borrowing.
                  (C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financing terms.
  [(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 5 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 5-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.]
  [(o)] (n) Reports on New Fixed Guideway and Core Capacity 
Improvement Projects.--
          (1) Annual report on funding recommendations.--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) a proposal of allocations of amounts to 
                be available to finance grants for projects 
                under this section among applicants for these 
                amounts;
                  (B) evaluations and ratings, as required 
                under subsections (d), (e), and (i), for each 
                such project that is in project development, 
                engineering, or has received a full funding 
                grant agreement; and
                  (C) recommendations of such projects for 
                funding based on the evaluations and ratings 
                and on existing commitments and anticipated 
                funding levels for the next 3 fiscal years 
                based on information currently available to the 
                Secretary.
          (2) Reports on before and after studies.--Not later 
        than the first Monday in August of each year, the 
        Secretary shall submit to the committees described in 
        paragraph (1) a report containing a summary of the 
        results of any studies conducted under subsection 
        (k)(2)(E).
          (3) Biennial GAO review.--The Comptroller General of 
        the United States shall--
                  (A) conduct a biennial review of--
                          (i) the processes and procedures for 
                        evaluating, rating, and recommending 
                        new fixed guideway capital projects and 
                        core capacity improvement projects; and
                          (ii) the Secretary's implementation 
                        of such processes and procedures; and
                  (B) report to Congress on the results of such 
                review by May 31 of each year.
  (o) Special Rule.--For the purposes of calculating the cost 
effectiveness of a project described in subsection (d) or (e), 
the Secretary shall not reduce or eliminate the capital costs 
of art and landscaping elements from the annualized capital 
cost calculation.

Sec. 5310. Formula grants for the enhanced mobility of seniors and 
                    individuals with disabilities

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Recipient.--The term ``recipient'' means a 
        designated recipient or a State that receives a grant 
        under this section directly.
          (2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, a private 
        nonprofit organization, or an operator of public 
        transportation that receives a grant under this section 
        indirectly through a recipient.
  (b) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section to recipients for--
                  (A) public transportation projects planned, 
                designed, and carried out to meet the special 
                needs of seniors and individuals with 
                disabilities when public transportation is 
                insufficient, inappropriate, or unavailable;
                  (B) public transportation projects that 
                exceed the requirements of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.);
                  (C) public transportation projects that 
                improve access to fixed route service and 
                decrease reliance by individuals with 
                disabilities on complementary paratransit; and
                  (D) alternatives to public transportation 
                that assist seniors and individuals with 
                disabilities with transportation.
          (2) Limitations for capital projects.--
                  (A) Amount available.--The amount available 
                for capital projects under paragraph (1)(A) 
                shall be not less than 55 percent of the funds 
                apportioned to the recipient under this 
                section.
                  (B) Allocation to subrecipients.--A recipient 
                of a grant under paragraph (1)(A) may allocate 
                the amounts provided under the grant to--
                          (i) a private nonprofit organization; 
                        or
                          (ii) a State or local governmental 
                        authority that--
                                  (I) is approved by a State to 
                                coordinate services for seniors 
                                and individuals with 
                                disabilities; or
                                  (II) certifies that there are 
                                no private nonprofit 
                                organizations readily available 
                                in the area to provide the 
                                services described in paragraph 
                                (1)(A).
          (3) Administrative expenses.--A recipient may use not 
        more than 10 percent of the amounts apportioned to the 
        recipient under this section to administer, plan, and 
        provide technical assistance for a project funded under 
        this section.
          (4) Eligible capital expenses.--The acquisition of 
        public transportation services is an eligible capital 
        expense under this section.
          (5) Coordination.--
                  (A) Department of Transportation.--To the 
                maximum extent feasible, the Secretary shall 
                coordinate activities under this section with 
                related activities under other Federal 
                departments and agencies.
                  (B) Other Federal agencies and nonprofit 
                organizations.--A State or local governmental 
                authority or nonprofit organization that 
                receives assistance from Government sources 
                (other than the Department of Transportation) 
                for nonemergency transportation services 
                shall--
                          (i) participate and coordinate with 
                        recipients of assistance under this 
                        chapter in the design and delivery of 
                        transportation services; and
                          (ii) participate in the planning for 
                        the transportation services described 
                        in clause (i).
          (6) Program of projects.--
                  (A) In general.--Amounts made available to 
                carry out this section may be used for 
                transportation projects to assist in providing 
                transportation services for seniors and 
                individuals with disabilities, if such 
                transportation projects are included in a 
                program of projects.
                  (B) Submission.--A recipient shall annually 
                submit a program of projects to the Secretary.
                  (C) Assurance.--The program of projects 
                submitted under subparagraph (B) shall contain 
                an assurance that the program provides for the 
                maximum feasible coordination of transportation 
                services assisted under this section with 
                transportation services assisted by other 
                Government sources.
          (7) Meal delivery for homebound individuals.--A 
        public transportation service provider that receives 
        assistance under this section or section 5311(c) may 
        coordinate and assist in regularly providing meal 
        delivery service for homebound individuals, if the 
        delivery service does not conflict with providing 
        public transportation service or reduce service to 
        public transportation passengers.
  (c) Apportionment and Transfers.--
          (1) Formula.--The Secretary shall apportion amounts 
        made available to carry out this section as follows:
                  (A) Large urbanized areas.--Sixty percent of 
                the funds shall be apportioned among designated 
                recipients for urbanized areas with a 
                population of 200,000 or more individuals, as 
                determined by the Bureau of the Census, in the 
                ratio that--
                          (i) the number of seniors and 
                        individuals with disabilities in each 
                        such urbanized area; bears to
                          (ii) the number of seniors and 
                        individuals with disabilities in all 
                        such urbanized areas.
                  (B) Small urbanized areas.--Twenty percent of 
                the funds shall be apportioned among the States 
                in the ratio that--
                          (i) the number of seniors and 
                        individuals with disabilities in 
                        urbanized areas with a population of 
                        fewer than 200,000 individuals, as 
                        determined by the Bureau of the Census, 
                        in each State; bears to
                          (ii) the number of seniors and 
                        individuals with disabilities in 
                        urbanized areas with a population of 
                        fewer than 200,000 individuals, as 
                        determined by the Bureau of the Census, 
                        in all States.
                  (C) Rural areas.--Twenty percent of the funds 
                shall be apportioned among the States in the 
                ratio that--
                          (i) the number of seniors and 
                        individuals with disabilities in rural 
                        areas in each State; bears to
                          (ii) the number of seniors and 
                        individuals with disabilities in rural 
                        areas in all States.
          (2) Areas served by projects.--
                  (A) In general.--Except as provided in 
                subparagraph (B)--
                          (i) funds apportioned under paragraph 
                        (1)(A) shall be used for projects 
                        serving urbanized areas with a 
                        population of 200,000 or more 
                        individuals, as determined by the 
                        Bureau of the Census;
                          (ii) funds apportioned under 
                        paragraph (1)(B) shall be used for 
                        projects serving urbanized areas with a 
                        population of fewer than 200,000 
                        individuals, as determined by the 
                        Bureau of the Census; and
                          (iii) funds apportioned under 
                        paragraph (1)(C) shall be used for 
                        projects serving rural areas.
                  (B) Exceptions.--A State may use funds 
                apportioned to the State under subparagraph (B) 
                or (C) of paragraph (1)--
                          (i) for a project serving an area 
                        other than an area specified in 
                        subparagraph (A)(ii) or (A)(iii), as 
                        the case may be, if the Governor of the 
                        State certifies that all of the 
                        objectives of this section are being 
                        met in the area specified in 
                        subparagraph (A)(ii) or (A)(iii); or
                          (ii) for a project anywhere in the 
                        State, if the State has established a 
                        statewide program for meeting the 
                        objectives of this section.
                  (C) Limited to eligible projects.--Any funds 
                transferred pursuant to subparagraph (B) shall 
                be made available only for eligible projects 
                selected under this section.
                  (D) Consultation.--A recipient may transfer 
                an amount under subparagraph (B) only after 
                consulting with responsible local officials, 
                publicly owned operators of public 
                transportation, and nonprofit providers in the 
                area for which the amount was originally 
                apportioned.
  (d) Government Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be in an amount equal to 80 
        percent of the net capital costs of the project, as 
        determined by the Secretary.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed an 
        amount equal to 50 percent of the net operating costs 
        of the project, as determined by the Secretary.
          (3) Remainder of net costs.--The remainder of the net 
        costs of a project carried out under this section--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  (B) may be derived from amounts appropriated 
                or otherwise made available--
                          (i) to a department or agency of the 
                        Government (other than the Department 
                        of Transportation) that are eligible to 
                        be expended for transportation; or
                          (ii) to carry out the Federal lands 
                        highways program under section 204 of 
                        title 23.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B)(i), the prohibition under section 
        403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) on the use of grant funds for 
        matching requirements shall not apply to Federal or 
        State funds to be used for transportation purposes.
  (e) Grant Requirements.--
          (1) In general.--A grant under this section shall be 
        subject to the same requirements as a grant under 
        section 5307, to the extent the Secretary determines 
        appropriate.
          (2) Certification requirements.--
                  (A) Project selection and plan development.--
                Before receiving a grant under this section, 
                each recipient shall certify that--
                          (i) the projects selected by the 
                        recipient are included in a locally 
                        developed, coordinated public transit-
                        human services transportation plan;
                          (ii) the plan described in clause (i) 
                        was developed and approved through a 
                        process that included participation by 
                        seniors, individuals with disabilities, 
                        representatives of public, private, and 
                        nonprofit transportation and human 
                        services providers, and other members 
                        of the public; and
                          (iii) to the maximum extent feasible, 
                        the services funded under this section 
                        will be coordinated with transportation 
                        services assisted by other Federal 
                        departments and agencies, including any 
                        transportation activities carried out 
                        by a recipient of a grant from the 
                        Department of Health and Human 
                        Services.
                  (B) Allocations to subrecipients.--If a 
                recipient allocates funds received under this 
                section to subrecipients, the recipient shall 
                certify that the funds are allocated on a fair 
                and equitable basis.
  (f) Competitive Process for Grants to Subrecipients.--
          (1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) may conduct, in 
        cooperation with the appropriate metropolitan planning 
        organization, an areawide solicitation for applications 
        for grants under this section.
          (2) Statewide solicitations.--A recipient of funds 
        apportioned under subparagraph (B) or (C) of subsection 
        (c)(1) may conduct a statewide solicitation for 
        applications for grants under this section.
          (3) Application.--If the recipient elects to engage 
        in a competitive process, a recipient or subrecipient 
        seeking to receive a grant from funds apportioned under 
        subsection (c) shall submit to the recipient making the 
        election an application in such form and in accordance 
        with such requirements as the recipient making the 
        election shall establish.
  (g) Transfers of Facilities and Equipment.--A recipient may 
transfer a facility or equipment acquired using a grant under 
this section to any other recipient eligible to receive 
assistance under this chapter, if--
          (1) the recipient in possession of the facility or 
        equipment consents to the transfer; and
          (2) the facility or equipment will continue to be 
        used as required under this section.
  (h) Performance Measures.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Federal Public Transportation Act 
        of 2012, the Secretary shall submit a report to the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives making 
        recommendations on the establishment of performance 
        measures for grants under this section. Such report 
        shall be developed in consultation with national 
        nonprofit organizations that provide technical 
        assistance and advocacy on issues related to 
        transportation services for seniors and individuals 
        with disabilities.
          (2) Measures.--The performance measures to be 
        considered in the report under paragraph (1) shall 
        require the collection of quantitative and qualitative 
        information, as available, concerning--
                  (A) modifications to the geographic coverage 
                of transportation service, the quality of 
                transportation service, or service times that 
                increase the availability of transportation 
                services for seniors and individuals with 
                disabilities;
                  (B) ridership;
                  (C) accessibility improvements; and
                  (D) other measures, as the Secretary 
                determines is appropriate.
  (i) Best Practices.--The Secretary shall collect from, 
review, and disseminate to public transit agencies innovative 
practices, program models, new service delivery options, 
findings from activities under subsection (h), and transit 
cooperative research program reports.

Sec. 5311. Formula grants for rural areas

  (a) Definitions.--As used in this section, the following 
definitions shall apply:
          (1) Recipient.--The term ``recipient'' means a State 
        or Indian tribe that receives a Federal transit program 
        grant directly from the Government.
          (2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, a nonprofit 
        organization, or an operator of public transportation 
        or intercity bus service that receives Federal transit 
        program grant funds indirectly through a recipient.
  (b) General Authority.--
          (1) Grants authorized.--Except as provided by 
        paragraph (2), the Secretary may award grants under 
        this section to recipients located in rural areas for--
                  (A) planning, provided that a grant under 
                this section for planning activities shall be 
                in addition to funding awarded to a State under 
                section 5305 for planning activities that are 
                directed specifically at the needs of rural 
                areas in the State;
                  (B) public transportation capital projects;
                  (C) operating costs of equipment and 
                facilities for use in public transportation;
                  (D) job access and reverse commute projects; 
                and
                  (E) the acquisition of public transportation 
                services, including service agreements with 
                private providers of public transportation 
                service.
          (2) State program.--
                  (A) In general.--A project eligible for a 
                grant under this section shall be included in a 
                State program for public transportation service 
                projects, including agreements with private 
                providers of public transportation service.
                  (B) Submission to Secretary.--Each State 
                shall submit to the Secretary annually the 
                program described in subparagraph (A).
                  (C) Approval.--The Secretary may not approve 
                the program unless the Secretary determines 
                that--
                          (i) the program provides a fair 
                        distribution of amounts in the State, 
                        including Indian reservations; and
                          (ii) the program provides the maximum 
                        feasible coordination of public 
                        transportation service assisted under 
                        this section with transportation 
                        service assisted by other Federal 
                        sources.
          (3) Rural transportation assistance program.--
                  (A) In general.--The Secretary shall carry 
                out a rural transportation assistance program 
                in rural areas.
                  (B) Grants and contracts.--In carrying out 
                this paragraph, the Secretary may use not more 
                than 2 percent of the amount made available 
                under section 5338(a)(2)(E) to make grants and 
                contracts for transportation research, 
                technical assistance, training, and related 
                support services in rural areas.
                  (C) Projects of a national scope.--Not more 
                than 15 percent of the amounts available under 
                subparagraph (B) may be used by the Secretary 
                to carry out competitively selected projects of 
                a national scope, with the remaining balance 
                provided to the States.
          (4) Data collection.--Each recipient under this 
        section shall submit an annual report to the Secretary 
        containing information on capital investment, 
        operations, and service provided with funds received 
        under this section, including--
                  (A) total annual revenue;
                  (B) sources of revenue;
                  (C) total annual operating costs;
                  (D) total annual capital costs;
                  (E) fleet size and type, and related 
                facilities;
                  (F) vehicle revenue miles; and
                  (G) ridership.
  (c) Apportionments.--
          (1) Public transportation on Indian reservations.--Of 
        the amounts made available or appropriated for each 
        fiscal year pursuant to section 5338(a)(2)(E) to carry 
        out this paragraph, the following amounts shall be 
        apportioned each fiscal year for grants to Indian 
        tribes for any purpose eligible under this section, 
        under such terms and conditions as may be established 
        by the Secretary:
                  (A) $5,000,000 for each fiscal year ending 
                before October 1, 2015, and $396,175 for the 
                period beginning on October 1, 2015, and ending 
                on October 29, 2015, shall be distributed on a 
                competitive basis by the Secretary.
                  (B) $25,000,000 for each fiscal year ending 
                before October 1, 2015, and $1,980,874 for the 
                period beginning on October 1, 2015, and ending 
                on October 29, 2015, shall be apportioned as 
                formula grants, as provided in subsection (j).
          (2) Appalachian development public transportation 
        assistance program.--
                  (A) Definitions.--In this paragraph--
                          (i) the term ``Appalachian region'' 
                        has the same meaning as in section 
                        14102 of title 40; and
                          (ii) the term ``eligible recipient'' 
                        means a State that participates in a 
                        program established under subtitle IV 
                        of title 40.
                  (B) In general.--The Secretary shall carry 
                out a public transportation assistance program 
                in the Appalachian region.
                  (C) Apportionment.--Of amounts made available 
                or appropriated for each fiscal year under 
                section 5338(a)(2)(E) to carry out this 
                paragraph, the Secretary shall apportion funds 
                to eligible recipients for any purpose eligible 
                under this section, based on the guidelines 
                established under section 9.5(b) of the 
                Appalachian Regional Commission Code.
                  (D) Special rule.--An eligible recipient may 
                use amounts that cannot be used for operating 
                expenses under this paragraph for a highway 
                project if--
                          (i) that use is approved, in writing, 
                        by the eligible recipient after 
                        appropriate notice and an opportunity 
                        for comment and appeal are provided to 
                        affected public transportation 
                        providers; and
                          (ii) the eligible recipient, in 
                        approving the use of amounts under this 
                        subparagraph, determines that the local 
                        transit needs are being addressed.
          (3) Remaining amounts.--
                  (A) In general.--The amounts made available 
                or appropriated for each fiscal year pursuant 
                to section 5338(a)(2)(E) that are not 
                apportioned under paragraph (1) or (2) shall be 
                apportioned in accordance with this paragraph.
                  (B) Apportionment based on land area and 
                population in nonurbanized areas.--
                          (i) In general.--83.15 percent of the 
                        amount described in subparagraph (A) 
                        shall be apportioned to the States in 
                        accordance with this subparagraph.
                          (ii) Land area.--
                                  (I) In general.--Subject to 
                                subclause (II), each State 
                                shall receive an amount that is 
                                equal to 20 percent of the 
                                amount apportioned under clause 
                                (i), multiplied by the ratio of 
                                the land area in rural areas in 
                                that State and divided by the 
                                land area in all rural areas in 
                                the United States, as shown by 
                                the most recent decennial 
                                census of population.
                                  (II) Maximum apportionment.--
                                No State shall receive more 
                                than 5 percent of the amount 
                                apportioned under subclause 
                                (I).
                          (iii) Population.--Each State shall 
                        receive an amount equal to 80 percent 
                        of the amount apportioned under clause 
                        (i), multiplied by the ratio of the 
                        population of rural areas in that State 
                        and divided by the population of all 
                        rural areas in the United States, as 
                        shown by the most recent decennial 
                        census of population.
                  (C) Apportionment based on land area, vehicle 
                revenue miles, and low-income individuals in 
                nonurbanized areas.--
                          (i) In general.--16.85 percent of the 
                        amount described in subparagraph (A) 
                        shall be apportioned to the States in 
                        accordance with this subparagraph.
                          (ii) Land area.--Subject to clause 
                        (v), each State shall receive an amount 
                        that is equal to 29.68 percent of the 
                        amount apportioned under clause (i), 
                        multiplied by the ratio of the land 
                        area in rural areas in that State and 
                        divided by the land area in all rural 
                        areas in the United States, as shown by 
                        the most recent decennial census of 
                        population.
                          (iii) Vehicle revenue miles.--Subject 
                        to clause (v), each State shall receive 
                        an amount that is equal to 29.68 
                        percent of the amount apportioned under 
                        clause (i), multiplied by the ratio of 
                        vehicle revenue miles in rural areas in 
                        that State and divided by the vehicle 
                        revenue miles in all rural areas in the 
                        United States, as determined by 
                        national transit database reporting.
                          (iv) Low-income individuals.--Each 
                        State shall receive an amount that is 
                        equal to 40.64 percent of the amount 
                        apportioned under clause (i), 
                        multiplied by the ratio of low-income 
                        individuals in rural areas in that 
                        State and divided by the number of low-
                        income individuals in all rural areas 
                        in the United States, as shown by the 
                        Bureau of the Census.
                          (v) Maximum apportionment.--No State 
                        shall receive--
                                  (I) more than 5 percent of 
                                the amount apportioned under 
                                clause (ii); or
                                  (II) more than 5 percent of 
                                the amount apportioned under 
                                clause (iii).
  (d) Use for Local Transportation Service.--A State may use an 
amount apportioned under this section for a project included in 
a program under subsection (b) of this section and eligible for 
assistance under this chapter if the project will provide local 
transportation service, as defined by the Secretary of 
Transportation, in a rural area.
  (e) Use for Administration, Planning, and Technical 
Assistance.--The Secretary may allow a State to use not more 
than 10 percent of the amount apportioned under this section to 
administer this section and provide technical assistance to a 
subrecipient, including project planning, program and 
management development, coordination of public transportation 
programs, and research the State considers appropriate to 
promote effective delivery of public transportation to a rural 
area.
  (f) Intercity Bus Transportation.--
          (1) In general.--A State shall expend at least 15 
        percent of the amount made available in each fiscal 
        year to carry out a program to develop and support 
        intercity bus transportation. Eligible activities under 
        the program include--
                  (A) planning and marketing for intercity bus 
                transportation;
                  (B) capital grants for intercity bus 
                facilities;
                  (C) joint-use facilities;
                  (D) operating grants through purchase-of-
                service agreements, user-side subsidies, and 
                demonstration projects; and
                  (E) coordinating rural connections between 
                small public transportation operations and 
                intercity bus carriers.
          (2) Certification.--A State does not have to comply 
        with paragraph (1) of this subsection in a fiscal year 
        in which the Governor of the State certifies to the 
        Secretary, after consultation with affected intercity 
        bus service providers, that the intercity bus service 
        needs of the State are being met adequately.
  (g) Government Share of Costs.--
          (1) Capital projects.--
                  (A) In general.--Except as provided by 
                subparagraph (B), a grant awarded under this 
                section for a capital project or project 
                administrative expenses shall be for 80 percent 
                of the net costs of the project, as determined 
                by the Secretary.
                  (B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government 
                share of the net costs in accordance with the 
                formula under that section.
          (2) Operating assistance.--
                  (A) In general.--Except as provided by 
                subparagraph (B), a grant made under this 
                section for operating assistance may not exceed 
                50 percent of the net operating costs of the 
                project, as determined by the Secretary.
                  (B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government 
                share of the net operating costs equal to 62.5 
                percent of the Government share provided for 
                under paragraph (1)(B).
          (3) Remainder.--The remainder of net project costs--
                  (A) may be provided in cash from non-
                Government sources other than revenues from 
                providing public transportation services;
                  (B) may be provided from revenues from the 
                sale of advertising and concessions;
                  [(A)] (C) may be provided from an 
                undistributed cash surplus, a replacement or 
                depreciation cash fund or reserve, a service 
                agreement with a State or local social service 
                agency or a private social service 
                organization, or new capital;
                  [(B)] (D) may be derived from amounts 
                appropriated or otherwise made available to a 
                department or agency of the Government (other 
                than the Department of Transportation) that are 
                eligible to be expended for transportation;
                  [(C)] (E) notwithstanding subparagraph (B), 
                may be derived from amounts made available to 
                carry out the Federal lands highway program 
                established by section 204 of title 23; and
                  [(D)] (F) in the case of an intercity bus 
                project that includes both feeder service and 
                an unsubsidized segment of intercity bus 
                service to which the feeder service connects, 
                may be derived from the costs of a private 
                operator for the unsubsidized segment of 
                intercity bus service, including all operating 
                and capital costs of such service whether or 
                not offset by revenue from such service, as an 
                in-kind match for the operating costs of 
                connecting rural intercity bus feeder service 
                funded under subsection (f), if the private 
                operator agrees in writing to the use of the 
                costs of the private operator for the 
                unsubsidized segment of intercity bus service 
                as an in-kind match.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          (5) Limitation on operating assistance.--A State 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.
  (h) Transfer of Facilities and Equipment.--With the consent 
of the recipient currently having a facility or equipment 
acquired with assistance under this section, a State may 
transfer the facility or equipment to any recipient eligible to 
receive assistance under this chapter if the facility or 
equipment will continue to be used as required under this 
section.
  (i) Relationship to Other Laws.--
          (1) In general.--Section 5333(b) applies to this 
        section if the Secretary of Labor utilizes a special 
        warranty that provides a fair and equitable arrangement 
        to protect the interests of employees.
          (2) Rule of construction.--This subsection does not 
        affect or discharge a responsibility of the Secretary 
        of Transportation under a law of the United States.
  (j) Formula Grants for Public Transportation on Indian 
Reservations.--
          (1) Apportionment.--
                  (A) In general.--Of the amounts described in 
                subsection (c)(1)(B)--
                          (i) 50 percent of the total amount 
                        shall be apportioned so that each 
                        Indian tribe providing public 
                        transportation service shall receive an 
                        amount equal to the total amount 
                        apportioned under this clause 
                        multiplied by the ratio of the number 
                        of vehicle revenue miles provided by an 
                        Indian tribe divided by the total 
                        number of vehicle revenue miles 
                        provided by all Indian tribes, as 
                        reported to the Secretary;
                          (ii) 25 percent of the total amount 
                        shall be apportioned equally among each 
                        Indian tribe providing at least 200,000 
                        vehicle revenue miles of public 
                        transportation service annually, as 
                        reported to the Secretary; and
                          (iii) 25 percent of the total amount 
                        shall be apportioned among each Indian 
                        tribe providing public transportation 
                        on tribal lands (as defined by the 
                        Bureau of the Census) on which more 
                        than 1,000 low-income individuals 
                        reside (as determined by the Bureau of 
                        the Census) so that each Indian tribe 
                        shall receive an amount equal to the 
                        total amount apportioned under this 
                        clause multiplied by the ratio of the 
                        number of low-income individuals 
                        residing on an Indian tribe's lands 
                        divided by the total number of low-
                        income individuals on tribal lands on 
                        which more than 1,000 low-income 
                        individuals reside.
                  (B) Limitation.--No recipient shall receive 
                more than $300,000 of the amounts apportioned 
                under subparagraph (A)(iii) in a fiscal year.
                  (C) Remaining amounts.--Of the amounts made 
                available under subparagraph (A)(iii), any 
                amounts not apportioned under that subparagraph 
                shall be allocated among Indian tribes 
                receiving less than $300,000 in a fiscal year 
                according to the formula specified in that 
                clause.
                  (D) Low-income individuals.--For purposes of 
                subparagraph (A)(iii), the term ``low-income 
                individual'' means an individual whose family 
                income is at or below 100 percent of the 
                poverty line, as that term is defined in 
                section 673(2) of the Community Services Block 
                Grant Act (42 U.S.C. 9902(2)), including any 
                revision required by that section, for a family 
                of the size involved.
          (2) Non-tribal service providers.--A recipient that 
        is an Indian tribe may use funds apportioned under this 
        subsection to finance public transportation services 
        provided by a non-tribal provider of public 
        transportation that connects residents of tribal lands 
        with surrounding communities, improves access to 
        employment or healthcare, or otherwise addresses the 
        mobility needs of tribal members.

[Sec. 5312. Research, development, demonstration, and deployment 
                    projects]

Sec. 5312. Public transportation innovation

  (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.
  [(a)] (b) Research, Development, Demonstration, and 
Deployment Projects.--
          (1) In general.--The Secretary may make grants and 
        enter into contracts, cooperative agreements, and other 
        agreements for research, development, demonstration, 
        and deployment projects, and evaluation of research and 
        technology of national significance to public 
        transportation, that the Secretary determines will 
        improve public transportation.
          (2) Agreements.--In order to carry out paragraph (1), 
        the Secretary may make grants to and enter into 
        contracts, cooperative agreements, and other agreements 
        with--
                  (A) departments, agencies, and 
                instrumentalities of the Government, including 
                Federal laboratories;
                  (B) State and local governmental entities;
                  (C) providers of public transportation;
                  (D) private or non-profit organizations;
                  (E) institutions of higher education; and
                  (F) technical and community colleges.
          (3) Application.--
                  (A) In general.--To receive a grant, 
                contract, cooperative agreement, or other 
                agreement under this section, an entity 
                described in paragraph (2) shall submit an 
                application to the Secretary.
                  (B) Form and contents.--An application under 
                subparagraph (A) shall be in such form and 
                contain such information as the Secretary may 
                require, including--
                          (i) a statement of purpose detailing 
                        the need being addressed;
                          (ii) the short- and long-term goals 
                        of the project, including opportunities 
                        for future innovation and development, 
                        the potential for deployment, and 
                        benefits to riders and public 
                        transportation; and
                          (iii) the short- and long-term 
                        funding requirements to complete the 
                        project and any future objectives of 
                        the project.
  [(b)] (c) Research.--
          (1) In general.--The Secretary may make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement under this section with an entity described 
        in [subsection (a)(2)] subsection (b)(2) to carry out a 
        public transportation research project that has as its 
        ultimate goal the development and deployment of new and 
        innovative ideas, practices, and approaches.
          (2) Project eligibility.--A public transportation 
        research project that receives assistance under 
        paragraph (1) shall focus on--
                  (A) providing more effective and efficient 
                public transportation service, including 
                services to--
                          (i) seniors;
                          (ii) individuals with disabilities; 
                        and
                          (iii) low-income individuals;
                  (B) mobility management and improvements and 
                travel management systems;
                  (C) data and communication system 
                advancements;
                  (D) system capacity, including--
                          (i) train control;
                          (ii) capacity improvements; and
                          (iii) performance management;
                  (E) capital and operating efficiencies;
                  (F) planning and forecasting modeling and 
                simulation;
                  (G) advanced vehicle design;
                  (H) advancements in vehicle technology;
                  (I) asset maintenance and repair systems 
                advancement;
                  (J) construction and project management;
                  (K) alternative fuels;
                  (L) the environment and energy efficiency;
                  (M) safety improvements; or
                  (N) any other area that the Secretary 
                determines is important to advance the 
                interests of public transportation.
  [(c)] (d) Innovation and Development.--
          (1) In general.--The Secretary may make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement under this section with an entity described 
        in [subsection (a)(2)] subsection (b)(2) to carry out a 
        public transportation innovation and development 
        project that seeks to improve public transportation 
        systems nationwide in order to provide more efficient 
        and effective delivery of public transportation 
        services, including through technology and 
        technological capacity improvements.
          (2) Project eligibility.--A public transportation 
        innovation and development project that receives 
        assistance under paragraph (1) shall focus on--
                  (A) the development of public transportation 
                research projects that received assistance 
                under [subsection (b)] subsection (c) that the 
                Secretary determines were successful;
                  (B) planning and forecasting modeling and 
                simulation;
                  (C) capital and operating efficiencies;
                  (D) advanced vehicle design;
                  (E) advancements in vehicle technology;
                  (F) the environment and energy efficiency;
                  (G) system capacity, including train control 
                and capacity improvements; or
                  (H) any other area that the Secretary 
                determines is important to advance the 
                interests of public transportation.
  [(d)] (e) Demonstration, Deployment, and Evaluation.--
          (1) In general.--The Secretary may, under terms and 
        conditions that the Secretary prescribes, make a grant 
        to or enter into a contract, cooperative agreement, or 
        other agreement with an entity described in paragraph 
        (2) to promote the early deployment and demonstration 
        of innovation in public transportation that has broad 
        applicability.
          (2) Participants.--An entity described in this 
        paragraph is--
                  (A) an entity described in [subsection 
                (a)(2)] subsection (b)(2); or
                  (B) a consortium of entities described in 
                [subsection (a)(2)] subsection (b)(2), 
                including a provider of public transportation, 
                that will share the costs, risks, and rewards 
                of early deployment and demonstration of 
                innovation.
          (3) Project eligibility.--A project that receives 
        assistance under paragraph (1) shall seek to build on 
        successful research, innovation, and development 
        efforts to facilitate--
                  (A) the deployment of research and technology 
                development resulting from private efforts or 
                Federally funded efforts; and
                  (B) the implementation of research and 
                technology development to advance the interests 
                of public transportation.
          (4) Evaluation.--Not later than 2 years after the 
        date on which a project receives assistance under 
        paragraph (1), the Secretary shall conduct a 
        comprehensive evaluation of the success or failure of 
        the projects funded under this subsection and any plan 
        for broad-based implementation of the innovation 
        promoted by successful projects.
          (5) Low or no emission vehicle deployment.--
                  (A) Definitions.--In this paragraph, the 
                following definitions shall apply:
                          (i) Eligible area.--The term 
                        ``eligible area'' means an area that 
                        is--
                                  (I) designated as a 
                                nonattainment area for ozone or 
                                carbon monoxide under section 
                                107(d) of the Clean Air Act (42 
                                U.S.C. 7407(d)); or
                                  (II) a maintenance area, as 
                                defined in section 5303, for 
                                ozone or carbon monoxide.
                          (ii) Eligible project.--The term 
                        ``eligible project'' means a project or 
                        program of projects in an eligible area 
                        for--
                                  (I) acquiring or leasing low 
                                or no emission vehicles;
                                  (II) constructing or leasing 
                                facilities and related 
                                equipment for low or no 
                                emission vehicles;
                                  (III) constructing new public 
                                transportation facilities to 
                                accommodate low or no emission 
                                vehicles; or
                                  (IV) rehabilitating or 
                                improving existing public 
                                transportation facilities to 
                                accommodate low or no emission 
                                vehicles.
                          (iii) Direct carbon emissions.--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.
                          (iv) Low or no emission bus.--The 
                        term ``low or no emission bus'' means a 
                        bus that is a low or no emission 
                        vehicle.
                          (v) Low or no emission vehicle.--The 
                        term ``low or no emission vehicle'' 
                        means--
                                  (I) a passenger vehicle used 
                                to provide public 
                                transportation that the 
                                Administrator of the 
                                Environmental Protection Agency 
                                has certified sufficiently 
                                reduces energy consumption or 
                                reduces harmful emissions, 
                                including direct carbon 
                                emissions, when compared to a 
                                comparable standard vehicle; or
                                  (II) a zero emission bus used 
                                to provide public 
                                transportation.
                          [(vi) Recipient.--The term 
                        ``recipient'' means--
                                  [(I) for an eligible area 
                                that is an urbanized area with 
                                a population of fewer than 
                                200,000 individuals, as 
                                determined by the Bureau of the 
                                Census, the State in which the 
                                eligible area is located; and
                                  [(II) for an eligible area 
                                not described in subparagraph 
                                (A), the designated recipient 
                                for the eligible area.]
                          [(vii)] (vi) Zero emission bus.--The 
                        term ``zero emission bus'' means a low 
                        or no emission bus that produces no 
                        carbon or particulate matter.
                  (B) Authority.--The Secretary may make grants 
                to [recipients] participants to finance 
                eligible projects under this paragraph.
                  (C) Grant requirements.--
                          (i) In general.--A grant under this 
                        paragraph shall be subject to the 
                        requirements of section 5307.
                          [(ii) Government share of costs for 
                        certain projects.--Section 5323(j) 
                        applies to projects carried out under 
                        this paragraph, unless the grant 
                        recipient requests a lower grant 
                        percentage.]
                          (ii) Government share of costs for 
                        certain projects.--A grant for a 
                        project carried out under this 
                        paragraph shall be 80 percent of the 
                        net project cost of the project unless 
                        the grant recipient requests a lower 
                        grant percentage.
                          (iii) Combination of funding 
                        sources.--
                                  (I) Combination permitted.--A 
                                project carried out under this 
                                paragraph may receive funding 
                                under section 5307, or any 
                                other provision of law.
                                  (II) Government share.--
                                Nothing in this clause may be 
                                construed to alter the 
                                Government share required under 
                                this section, section 5307, or 
                                any other provision of law.
                  (D) Minimum amounts.--Of amounts made 
                available by or appropriated under section 
                5338(b) in each fiscal year to carry out this 
                paragraph--
                          (i) not less than 65 percent shall be 
                        made available to fund eligible 
                        projects relating to low or no emission 
                        buses; and
                          (ii) not less than 10 percent shall 
                        be made available for eligible projects 
                        relating to facilities and related 
                        equipment for low or no emission buses.
                  (E) Competitive process.--The Secretary shall 
                solicit grant applications and make grants for 
                eligible projects on a competitive basis.
                  (F) Priority consideration.--In making grants 
                under this paragraph, the Secretary shall give 
                priority to projects relating to low or no 
                emission buses that make greater reductions in 
                energy consumption and harmful emissions, 
                including direct carbon emissions, than 
                comparable standard buses or other low or no 
                emission buses.
                  [(G) Availability of funds.--Any amounts made 
                available or appropriated to carry out this 
                paragraph--
                          [(i) shall remain available to an 
                        eligible project for 2 years after the 
                        fiscal year for which the amount is 
                        made available or appropriated; and
                          [(ii) that remain unobligated at the 
                        end of the period described in clause 
                        (i) shall be added to the amount made 
                        available to an eligible project in the 
                        following fiscal year.]
  [(e) Annual Report on Research.--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--]
  (f) Annual Report on Research.--Not later than the first 
Monday in February of each year, the Secretary shall make 
available to the public on the Web site of the Department of 
Transportation, a report that includes--
          (1) a description of each project that received 
        assistance under this section during the preceding 
        fiscal year; and
          (2) an evaluation of each project described in 
        paragraph (1), including any evaluation conducted under 
        [subsection (d)(4)] subsection (e)(4) for the preceding 
        fiscal year[; and].
          [(3) a proposal for allocations of amounts for 
        assistance under this section for the subsequent fiscal 
        year.]
  [(f)] (g) Government Share of Costs.--
          (1) In general.--The Government share of the cost of 
        a project carried out under this section shall not 
        exceed 80 percent.
          (2) Non-government share.--The non-Government share 
        of the cost of a project carried out under this section 
        may be derived from in-kind contributions.
          (3) Financial benefit.--If the Secretary determines 
        that there would be a clear and direct financial 
        benefit to an entity under a grant, contract, 
        cooperative agreement, or other agreement under this 
        section, the Secretary shall establish a Government 
        share of the costs of the project to be carried out 
        under the grant, contract, cooperative agreement, or 
        other agreement that is consistent with the benefit.
  (h) Transit Cooperative Research Program.--
          (1) In general.--The amounts made available under 
        section 5338(b) are available for a public 
        transportation cooperative research program.
          (2) Independent governing board.--
                  (A) Establishment.--The Secretary shall 
                establish an independent governing board for 
                the program under this subsection.
                  (B) Recommendations.--The board shall 
                recommend public transportation research, 
                development, and technology transfer activities 
                the Secretary considers appropriate.
          (3) Federal assistance.--The Secretary may make 
        grants to, and enter into cooperative agreements with, 
        the National Academy of Sciences to carry out 
        activities under this subsection that the Secretary 
        considers appropriate.
          (4) Government's share.--If there would be a clear 
        and direct financial benefit to an entity under a grant 
        or contract financed under this subsection, the 
        Secretary shall establish a Government share consistent 
        with that benefit.
          (5) Limitation on applicability.--Subsections (f) and 
        (g) shall not apply to activities carried out under 
        this subsection.

[Sec. 5313. Transit cooperative research program

  [(a) Cooperative Research Program.--The amounts made 
available under section 5338(c) are available for a public 
transportation cooperative research program. The Secretary 
shall establish an independent governing board for the program. 
The board shall recommend public transportation research, 
development, and technology transfer activities the Secretary 
considers appropriate.
  [(b) Federal Assistance.--The Secretary may make grants to, 
and cooperative agreements with, the National Academy of 
Sciences to carry out activities under this subsection that the 
Secretary decides are appropriate.
  [(c) Government's Share.--If there would be a clear and 
direct financial benefit to an entity under a grant or contract 
financed under this section, the Secretary shall establish a 
Government share consistent with that benefit.

[Sec. 5314. Technical assistance and standards development

  [(a) Technical Assistance and Standards Development.--
          [(1) 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--
                  [(A) more effectively and efficiently provide 
                public transportation service;
                  [(B) administer funds received under this 
                chapter in compliance with Federal law; and
                  [(C) improve public transportation.
          [(2) Eligible activities.--The activities carried out 
        under paragraph (1) may include--
                  [(A) technical assistance; and
                  [(B) 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.
  [(b) 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 section. The Secretary may enter into such 
contracts, cooperative agreements, and other agreements to 
assist providers of public transportation to--
          [(1) 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;
          [(2) 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;
          [(3) meet the transportation needs of elderly 
        individuals;
          [(4) 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;
          [(5) address transportation equity with regard to the 
        effect that transportation planning, investment and 
        operations have for low-income and minority 
        individuals; and
          [(6) any other technical assistance activity that the 
        Secretary determines is necessary to advance the 
        interests of public transportation.
  [(c) 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--
          [(1) a description of each project that received 
        assistance under this section during the preceding 
        fiscal year;
          [(2) an evaluation of the activities carried out by 
        each organization that received assistance under this 
        section during the preceding fiscal year; and
          [(3) a proposal for allocations of amounts for 
        assistance under this section for the subsequent fiscal 
        year.
  [(d) Government Share of Costs.--
          [(1) In general.--The Government share of the cost of 
        an activity carried out using a grant under this 
        section may not exceed 80 percent.
          [(2) Non-government share.--The non-Government share 
        of the cost of an activity carried out using a grant 
        under this section may be derived from in-kind 
        contributions.]

Sec. 5314. Technical assistance and workforce development

  (a) Technical Assistance and Standards.--
          (1) Technical assistance and standards development.--
                  (A) In general.--The Secretary may make 
                grants and enter into contracts, cooperative 
                agreements, and other agreements (including 
                agreements with departments, agencies, and 
                instrumentalities of the Government) to carry 
                out activities that the Secretary determines 
                will assist recipients of assistance under this 
                chapter to--
                          (i) more effectively and efficiently 
                        provide public transportation service;
                          (ii) administer funds received under 
                        this chapter in compliance with Federal 
                        law; and
                          (iii) improve public transportation.
                  (B) Eligible activities.--The activities 
                carried out under subparagraph (A) may 
                include--
                          (i) technical assistance; and
                          (ii) the development of voluntary and 
                        consensus-based standards and best 
                        practices by the public transportation 
                        industry, including standards and best 
                        practices for safety, fare collection, 
                        intelligent transportation systems, 
                        accessibility, procurement, security, 
                        asset management to maintain a state of 
                        good repair, operations, maintenance, 
                        vehicle propulsion, communications, and 
                        vehicle electronics.
          (2) Technical assistance.--The Secretary, through a 
        competitive bid process, may enter into contracts, 
        cooperative agreements, and other agreements with 
        national nonprofit organizations that have the 
        appropriate demonstrated capacity to provide public-
        transportation-related technical assistance under this 
        subsection. The Secretary may enter into such 
        contracts, cooperative agreements, and other agreements 
        to assist providers of public transportation to--
                  (A) comply with the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.) through technical assistance, 
                demonstration programs, research, public 
                education, and other activities related to 
                complying with such Act;
                  (B) comply with human services transportation 
                coordination requirements and to enhance the 
                coordination of Federal resources for human 
                services transportation with those of the 
                Department of Transportation through technical 
                assistance, training, and support services 
                related to complying with such requirements;
                  (C) meet the transportation needs of elderly 
                individuals;
                  (D) increase transit ridership in 
                coordination with metropolitan planning 
                organizations and other entities through 
                development around public transportation 
                stations through technical assistance and the 
                development of tools, guidance, and analysis 
                related to market-based development around 
                transit stations;
                  (E) address transportation equity with regard 
                to the effect that transportation planning, 
                investment, and operations have for low-income 
                and minority individuals;
                  (F) facilitate best practices to promote bus 
                driver safety;
                  (G) meet the requirements of sections 5323(j) 
                and 5323(m);
                  (H) assist with the development and 
                deployment of zero emission transit 
                technologies; and
                  (I) any other technical assistance activity 
                that the Secretary determines is necessary to 
                advance the interests of public transportation.
          (3) Annual report on technical assistance.--Not later 
        than the first Monday in February of each year, the 
        Secretary shall submit to the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on 
        Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure, the Committee on 
        Science, Space, and Technology, and the Committee on 
        Appropriations of the House of Representatives a report 
        that includes--
                  (A) a description of each project that 
                received assistance under this subsection 
                during the preceding fiscal year;
                  (B) an evaluation of the activities carried 
                out by each organization that received 
                assistance under this subsection during the 
                preceding fiscal year;
                  (C) a proposal for allocations of amounts for 
                assistance under this subsection for the 
                subsequent fiscal year; and
                  (D) measurable outcomes and impacts of the 
                programs funded under subsections (b) and (c).
          (4) Government share of costs.--
                  (A) In general.--The Government share of the 
                cost of an activity carried out using a grant 
                under this subsection may not exceed 80 
                percent.
                  (B) Non-government share.--The non-Government 
                share of the cost of an activity carried out 
                using a grant under this subsection may be 
                derived from in-kind contributions.
  (b) Human Resources and Training.--
          (1) In general.--The Secretary may undertake, or make 
        grants and contracts for, programs that address human 
        resource needs as they apply to public transportation 
        activities. A program may include--
                  (A) an employment training program;
                  (B) an outreach program to increase veteran, 
                minority, and female employment in public 
                transportation activities;
                  (C) research on public transportation 
                personnel and training needs;
                  (D) training and assistance for veteran and 
                minority business opportunities; and
                  (E) consensus-based national training 
                standards and certifications in partnership 
                with industry stakeholders.
          (2) Innovative public transportation frontline 
        workforce development program.--
                  (A) In general.--The Secretary shall 
                establish a competitive grant program to assist 
                the development of innovative activities 
                eligible for assistance under subparagraph (1).
                  (B) Eligible programs.--A program eligible 
                for assistance under subsection (a) shall--
                          (i) develop apprenticeships for 
                        transit maintenance and operations 
                        occupations, including hands-on, peer 
                        trainer, classroom and on-the-job 
                        training as well as training for 
                        instructors and on-the-job mentors;
                          (ii) build local, regional, and 
                        statewide transit training partnerships 
                        in coordination with entities such as 
                        local employers, local public 
                        transportation operators, labor union 
                        organizations, workforce development 
                        boards, State workforce agencies, State 
                        apprenticeship agencies (where 
                        applicable), and community colleges and 
                        university transportation centers, to 
                        identify and address workforce skill 
                        gaps and develop skills needed for 
                        delivering quality transit service and 
                        supporting employee career advancement;
                          (iii) provide improved capacity for 
                        safety, security, and emergency 
                        preparedness in local transit systems 
                        through--
                                  (I) developing the role of 
                                the frontline workforce in 
                                building and sustaining safety 
                                culture and safety systems in 
                                the industry and in individual 
                                public transportation systems;
                                  (II) specific training, in 
                                coordination with the National 
                                Transit Institute, on security 
                                and emergency preparedness, 
                                including protocols for 
                                coordinating with first 
                                responders and working with the 
                                broader community to address 
                                natural disasters or other 
                                threats to transit systems; and
                                  (III) training to address 
                                frontline worker roles in 
                                promoting health and safety for 
                                transit workers and the riding 
                                public, and improving 
                                communication during 
                                emergencies between the 
                                frontline workforce and the 
                                riding public;
                          (iv) address current or projected 
                        workforce shortages by developing 
                        career pathway partnerships with high 
                        schools, community colleges, and other 
                        community organizations for recruiting 
                        and training underrepresented 
                        populations, including minorities, 
                        women, individuals with disabilities, 
                        veterans, and low-income populations as 
                        successful transit employees who can 
                        develop careers in the transit 
                        industry; or
                          (v) address youth unemployment by 
                        directing the Secretary to award grants 
                        to local entities for work-based 
                        training and other work-related and 
                        educational strategies and activities 
                        of demonstrated effectiveness to 
                        provide unemployed, low-income young 
                        adults and low-income youth with skills 
                        that will lead to employment.
                  (C) Selection of recipients.--To the maximum 
                extent feasible, the Secretary shall select 
                recipients that--
                          (i) are geographically diverse;
                          (ii) address the workforce and human 
                        resources needs of large public 
                        transportation providers;
                          (iii) address the workforce and human 
                        resources needs of small public 
                        transportation providers;
                          (iv) address the workforce and human 
                        resources needs of urban public 
                        transportation providers;
                          (v) address the workforce and human 
                        resources needs of rural public 
                        transportation providers;
                          (vi) advance training related to 
                        maintenance of alternative energy, 
                        energy efficiency, or zero emission 
                        vehicles and facilities used in public 
                        transportation;
                          (vii) target areas with high rates of 
                        unemployment;
                          (viii) address current or projected 
                        workforce shortages in areas that 
                        require technical expertise; and
                          (ix) advance opportunities for 
                        minorities, women, veterans, 
                        individuals with disabilities, low-
                        income populations, and other 
                        underserved populations.
                  (D) Program outcomes.--A recipient of 
                assistance under this subsection shall 
                demonstrate outcomes for any program that 
                includes skills training, on-the-job training, 
                and work-based learning, including--
                          (i) the impact on reducing public 
                        transportation workforce shortages in 
                        the area served;
                          (ii) the diversity of training 
                        participants; and
                          (iii) the number of participants 
                        obtaining certifications or credentials 
                        required for specific types of 
                        employment.
          (3) Government's share of costs.--The Government 
        share of the cost of a project carried out using a 
        grant under paragraph (1) or (2) shall be 50 percent.
          (4) Use for technical assistance.--The Secretary may 
        use not more than 1 percent of amounts made available 
        to carry out this section to provide technical 
        assistance for activities and programs developed, 
        conducted, and overseen under paragraphs (1) and (2).
  (c) National Transit Institute.--
          (1) Establishment.--The Secretary shall establish a 
        national transit institute and award grants to a 
        public, 4-year institution of higher education, as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a)), in order to carry out the 
        duties of the institute.
          (2) Duties.--
                  (A) In general.--In cooperation with the 
                Federal Transit Administration, State 
                transportation departments, public 
                transportation authorities, and national and 
                international entities, the institute 
                established under paragraph (1) shall develop 
                and conduct training and educational programs 
                for Federal, State, and local transportation 
                employees, United States citizens, and foreign 
                nationals engaged or to be engaged in 
                Government-aid public transportation work.
                  (B) Training and educational programs.--The 
                training and educational programs developed 
                under subparagraph (A) may include courses in 
                recent developments, techniques, and procedures 
                related to--
                          (i) intermodal and public 
                        transportation planning;
                          (ii) management;
                          (iii) environmental factors;
                          (iv) acquisition and joint-use 
                        rights-of-way;
                          (v) engineering and architectural 
                        design;
                          (vi) procurement strategies for 
                        public transportation systems;
                          (vii) turnkey approaches to 
                        delivering public transportation 
                        systems;
                          (viii) new technologies;
                          (ix) emission reduction technologies;
                          (x) ways to make public 
                        transportation accessible to 
                        individuals with disabilities;
                          (xi) construction, construction 
                        management, insurance, and risk 
                        management;
                          (xii) maintenance;
                          (xiii) contract administration;
                          (xiv) inspection;
                          (xv) innovative finance;
                          (xvi) workplace safety; and
                          (xvii) public transportation 
                        security.
          (3) Providing education and training.--Education and 
        training of Government, State, and local transportation 
        employees under this subsection shall be provided--
                  (A) by the Secretary at no cost to the States 
                and local governments for subjects that are a 
                Government program responsibility; or
                  (B) when the education and training are paid 
                under paragraph (4), by the State, with the 
                approval of the Secretary, through grants and 
                contracts with public and private agencies, 
                other institutions, individuals, and the 
                institute.
          (4) Availability of amounts.--Not more than 0.5 
        percent of the amounts made available for a fiscal year 
        beginning after September 30, 1991, to a State or 
        public transportation authority in the State to carry 
        out sections 5307 and 5309 is available for expenditure 
        by the State and public transportation authorities in 
        the State, with the approval of the Secretary, to pay 
        not more than 80 percent of the cost of tuition and 
        direct educational expenses related to educating and 
        training State and local transportation employees under 
        this subsection.

           *       *       *       *       *       *       *


Sec. 5319. Bicycle facilities

  A project to provide access for bicycles to public 
transportation facilities, to provide shelters and parking 
facilities for bicycles in or around public transportation 
facilities, or to install equipment for transporting bicycles 
on public transportation vehicles is a capital project eligible 
for assistance under sections 5307, 5309, and 5311 of this 
title. Notwithstanding sections 5307(d), 5309(l), and 5311(g), 
a grant made by the Government under this chapter for a project 
made eligible by this section is for [90 percent] 80 percent of 
the cost of the project, except that, if the grant or any 
portion of the grant is made with funds required to be expended 
under 5307(d)(1)(K) and the project involves providing bicycle 
access to public transportation, that grant or portion of that 
grant shall be at a Federal share of [95 percent] 80 percent.

           *       *       *       *       *       *       *


[Sec. 5322. Human resources and training

  [(a) 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--
          [(1) an employment training program;
          [(2) an outreach program to increase minority and 
        female employment in public transportation activities;
          [(3) research on public transportation personnel and 
        training needs; and
          [(4) training and assistance for minority business 
        opportunities.
  [(b) Innovative Public Transportation Workforce Development 
Program.--
          [(1) Program established.--The Secretary shall 
        establish a competitive grant program to assist the 
        development of innovative activities eligible for 
        assistance under subsection (a).
          [(2) Selection of recipients.--To the maximum extent 
        feasible, the Secretary shall select recipients that--
                  [(A) are geographically diverse;
                  [(B) address the workforce and human 
                resources needs of large public transportation 
                providers;
                  [(C) address the workforce and human 
                resources needs of small public transportation 
                providers;
                  [(D) address the workforce and human 
                resources needs of urban public transportation 
                providers;
                  [(E) address the workforce and human 
                resources needs of rural public transportation 
                providers;
                  [(F) advance training related to maintenance 
                of alternative energy, energy efficiency, or 
                zero emission vehicles and facilities used in 
                public transportation;
                  [(G) target areas with high rates of 
                unemployment; and
                  [(H) address current or projected workforce 
                shortages in areas that require technical 
                expertise.
  [(c) Government's Share of Costs.--The Government share of 
the cost of a project carried out using a grant under 
subsection (a) or (b) shall be 50 percent.
  [(d) 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) Providing education and training.--Education and 
        training of Government, State, and local transportation 
        employees under this subsection shall be provided--
                  [(A) by the Secretary at no cost to the 
                States and local governments for subjects that 
                are a Government program responsibility; or
                  [(B) when the education and training are paid 
                under paragraph (4) of this subsection, by the 
                State, with the approval of the Secretary, 
                through grants and contracts with public and 
                private agencies, other institutions, 
                individuals, and the institute.
          [(4) Availability of amounts.--Not more than .5 
        percent of the amounts made available for a fiscal year 
        beginning after September 30, 1991, to a State or 
        public transportation authority in the State to carry 
        out sections 5307 and 5309 of this title is available 
        for expenditure by the State and public transportation 
        authorities in the State, with the approval of the 
        Secretary, to pay not more than 80 percent of the cost 
        of tuition and direct educational expenses related to 
        educating and training State and local transportation 
        employees under this subsection.
  [(e) Report.--Not later than 2 years after the date of 
enactment of the Federal Public Transportation Act of 2012, the 
Secretary shall submit to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report concerning the measurable outcomes and 
impacts of the programs funded under subsections (a) and (b).]

Sec. 5323. General provisions

  (a) Interests in Property.--
          (1) In general.--Financial assistance provided under 
        this chapter to a State or a local governmental 
        authority may be used to acquire an interest in, or to 
        buy property of, a private company engaged in public 
        transportation, for a capital project for property 
        acquired from a private company engaged in public 
        transportation after July 9, 1964, or to operate a 
        public transportation facility or equipment in 
        competition with, or in addition to, transportation 
        service provided by an existing public transportation 
        company, only if--
                  (A) the Secretary determines that such 
                financial assistance is essential to a program 
                of projects required under sections 5303, 5304, 
                and 5306;
                  (B) the Secretary determines that the program 
                provides for the participation of private 
                companies engaged in public transportation to 
                the maximum extent feasible; and
                  (C) just compensation under State or local 
                law will be paid to the company for its 
                franchise or property.
          (2) Limitation.--A governmental authority may not use 
        financial assistance of the United States Government to 
        acquire land, equipment, or a facility used in public 
        transportation from another governmental authority in 
        the same geographic area.
  (b) Relocation and Real Property Requirements.--The Uniform 
Relocation Assistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial 
assistance for capital projects under this chapter.
  (c) Consideration of Economic, Social, and Environmental 
Interests.--
          (1) Cooperation and consultation.--The Secretary 
        shall cooperate and consult with the Secretary of the 
        Interior and the Administrator of the Environmental 
        Protection Agency on each project that may have a 
        substantial impact on the environment.
          (2) Compliance with NEPA.--The National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply 
        to financial assistance for capital projects under this 
        chapter.
  (d) Condition on Charter Bus Transportation Service.--
          (1) Agreements.--Financial assistance under this 
        chapter may be used to buy or operate a bus only if the 
        applicant, governmental authority, or publicly owned 
        operator that receives the assistance agrees that, 
        except as provided in the agreement, the governmental 
        authority or an operator of public transportation for 
        the governmental authority will not provide charter bus 
        transportation service outside the urban area in which 
        it provides regularly scheduled public transportation 
        service. An agreement shall provide for a fair 
        arrangement the Secretary of Transportation considers 
        appropriate to ensure that the assistance will not 
        enable a governmental authority or an operator for a 
        governmental authority to foreclose a private operator 
        from providing intercity charter bus service if the 
        private operator can provide the service.
          (2) Violations.--
                  (A) Investigations.--On receiving a complaint 
                about a violation of the agreement required 
                under paragraph (1), the Secretary shall 
                investigate and decide whether a violation has 
                occurred.
                  (B) Enforcement of agreements.--If the 
                Secretary decides that a violation has 
                occurred, the Secretary shall correct the 
                violation under terms of the agreement.
                  (C) Additional remedies.--In addition to any 
                remedy specified in the agreement, the 
                Secretary shall bar a recipient or an operator 
                from receiving Federal transit assistance in an 
                amount the Secretary considers appropriate if 
                the Secretary finds a pattern of violations of 
                the agreement.
  (e) Bond Proceeds Eligible for Local Share.--
          (1) Use as local matching funds.--Notwithstanding any 
        other provision of law, a recipient of assistance under 
        section 5307, 5309, or 5337 may use the proceeds from 
        the issuance of revenue bonds as part of the local 
        matching funds for a capital project.
          (2) Maintenance of effort.--The Secretary shall 
        approve of the use of the proceeds from the issuance of 
        revenue bonds for the remainder of the net project cost 
        only if the Secretary finds that the aggregate amount 
        of financial support for public transportation in the 
        urbanized area provided by the State and affected local 
        governmental authorities during the next 3 fiscal 
        years, as programmed in the State transportation 
        improvement program under section 5304, is not less 
        than the aggregate amount provided by the State and 
        affected local governmental authorities in the 
        urbanized area during the preceding 3 fiscal years.
          (3) Debt service reserve.--The Secretary may 
        reimburse an eligible recipient for deposits of bond 
        proceeds in a debt service reserve that the recipient 
        establishes pursuant to section 5302(3)(J) from amounts 
        made available to the recipient under section 5309.
  (f) Schoolbus Transportation.--
          (1) Agreements.--Financial assistance under this 
        chapter may be used for a capital project, or to 
        operate public transportation equipment or a public 
        transportation facility, only if the applicant agrees 
        not to provide schoolbus transportation that 
        exclusively transports students and school personnel in 
        competition with a private schoolbus operator. This 
        subsection does not apply--
                  (A) to an applicant that operates a school 
                system in the area to be served and a separate 
                and exclusive schoolbus program for the school 
                system; and
                  (B) unless a private schoolbus operator can 
                provide adequate transportation that complies 
                with applicable safety standards at reasonable 
                rates.
          (2) Violations.--If the Secretary finds that an 
        applicant, governmental authority, or publicly owned 
        operator has violated the agreement required under 
        paragraph (1), the Secretary shall bar a recipient or 
        an operator from receiving Federal transit assistance 
        in an amount the Secretary considers appropriate.
  (g) Buying Buses Under Other Laws.--Subsections (d) and (f) 
of this section apply to financial assistance to buy a bus 
under sections 133 and 142 of title 23.
  (h) Grant and Loan Prohibitions.--A grant or loan may not be 
used to--
          (1) pay ordinary governmental or nonproject operating 
        expenses; [or]
          (2) pay incremental costs of incorporating art or 
        landscaping into facilities, including the costs of an 
        artist on the design team; or
          [(2)] (3) support a procurement that uses an 
        exclusionary or discriminatory specification.
  (i) Government Share of Costs for Certain Projects.--
          (1) Acquiring vehicles and vehicle-related equipment 
        or facilities.--
                  (A) Vehicles.--A grant for a project to be 
                assisted under this chapter that involves 
                acquiring vehicles for purposes of complying 
                with or maintaining compliance with the 
                Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.) or the Clean Air Act is 
                for 85 percent of the net project cost.
                  (B) Vehicle-related equipment or 
                facilities.--A grant for a project to be 
                assisted under this chapter that involves 
                acquiring vehicle-related equipment or 
                facilities required by the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.) or vehicle-related equipment or 
                facilities (including clean fuel or alternative 
                fuel vehicle-related equipment or facilities) 
                for purposes of complying with or maintaining 
                compliance with the Clean Air Act, is for 90 
                percent of the net project cost of such 
                equipment or facilities attributable to 
                compliance with those Acts. The Secretary shall 
                have discretion to determine, through 
                practicable administrative procedures, the 
                costs of such equipment or facilities 
                attributable to compliance with those Acts.
          (2) Costs incurred by providers of public 
        transportation by vanpool.--
                  (A) Local matching share.--The local matching 
                share provided by a recipient of assistance for 
                a capital project under this chapter may 
                include any amounts expended by a provider of 
                public transportation by vanpool for the 
                acquisition of rolling stock to be used by such 
                provider in the recipient's service area, 
                excluding any amounts the provider may have 
                received in Federal, State, or local government 
                assistance for such acquisition.
                  (B) Use of revenues.--A private provider of 
                public transportation by vanpool may use 
                revenues it receives in the provision of public 
                transportation service in the service area of a 
                recipient of assistance under this chapter that 
                are in excess of the provider's operating costs 
                for the purpose of acquiring rolling stock, if 
                the private provider enters into a legally 
                binding agreement with the recipient that 
                requires the provider to use the rolling stock 
                in the recipient's service area.
                  (C) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Private provider of public 
                        transportation by vanpool.--The term 
                        ``private provider of public 
                        transportation by vanpool'' means a 
                        private entity providing vanpool 
                        services in the service area of a 
                        recipient of assistance under this 
                        chapter using a commuter highway 
                        vehicle or vanpool vehicle.
                          (ii) Commuter highway vehicle; 
                        vanpool vehicle.--The term ``commuter 
                        highway vehicle or vanpool vehicle'' 
                        means any vehicle--
                                  (I) the seating capacity of 
                                which is at least 6 adults (not 
                                including the driver); and
                                  (II) at least 80 percent of 
                                the mileage use of which can be 
                                reasonably expected to be for 
                                the purposes of transporting 
                                commuters in connection with 
                                travel between their residences 
                                and their place of employment.
          (3) Acquisition of base-model buses.--A grant for the 
        acquisition of a base-model bus for use in public 
        transportation may be not more than 85 percent of the 
        net project cost.
  (j) Buy America.--
          (1) In general.--The Secretary may obligate an amount 
        that may be appropriated to carry out this chapter for 
        a project only if the steel, iron, and manufactured 
        goods used in the project are produced in the United 
        States.
          (2) Waiver.--The Secretary may waive paragraph (1) of 
        this subsection if the Secretary finds that--
                  (A) applying paragraph (1) would be 
                inconsistent with the public interest;
                  (B) the steel, iron, and goods produced in 
                the United States are not produced in a 
                sufficient and reasonably available amount or 
                are not of a satisfactory quality;
                  [(C) when procuring rolling stock (including 
                train control, communication, and traction 
                power equipment) under this chapter--
                          [(i) the cost of components and 
                        subcomponents produced in the United 
                        States is more than 60 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]
                  (C) when procuring rolling stock (including 
                train control, communication, and traction 
                power equipment) under this chapter--
                          (i) the cost of components and 
                        subcomponents produced in the United 
                        States--
                                  (I) for fiscal years 2016 and 
                                2017, is more than 60 percent 
                                of the cost of all components 
                                of the rolling stock;
                                  (II) for fiscal years 2018 
                                and 2019, is more than 65 
                                percent of the cost of all 
                                components of the rolling 
                                stock; and
                                  (III) for fiscal year 2020 
                                and each fiscal year 
                                thereafter, is more than 70 
                                percent of the cost of all 
                                components of the rolling 
                                stock; and
                          (ii) final assembly of the rolling 
                        stock has occurred in the United 
                        States; or
                  (D) including domestic material will increase 
                the cost of the overall project by more than 25 
                percent.
          (3) Written waiver determination and annual report.--
                  (A) Written determination.--Before issuing a 
                waiver under paragraph (2), the Secretary 
                shall--
                          (i) publish in the Federal Register 
                        and make publicly available in an 
                        easily identifiable location on the 
                        website of the Department of 
                        Transportation a detailed written 
                        explanation of the waiver 
                        determination; and
                          (ii) provide the public with a 
                        reasonable period of time for notice 
                        and comment.
                  (B) Annual report.--Not later than 1 year 
                after the date of enactment of the Federal 
                Public Transportation Act of 2012, and annually 
                thereafter, the Secretary shall submit to the 
                Committee on Banking, Housing, and Urban 
                Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives a report listing any waiver 
                issued under paragraph (2) during the preceding 
                year.
          (4) Labor costs for final assembly.--In this 
        subsection, labor costs involved in final assembly are 
        not included in calculating the cost of components.
          (5) Waiver prohibited.--The Secretary may not make a 
        waiver under paragraph (2) of this subsection for goods 
        produced in a foreign country if the Secretary, in 
        consultation with the United States Trade 
        Representative, decides that the government of that 
        foreign country--
                  (A) has an agreement with the United States 
                Government under which the Secretary has waived 
                the requirement of this subsection; and
                  (B) has violated the agreement by 
                discriminating against goods to which this 
                subsection applies that are produced in the 
                United States and to which the agreement 
                applies.
          (6) Penalty for mislabeling and misrepresentation.--A 
        person is ineligible under subpart 9.4 of the Federal 
        Acquisition Regulation, or any successor thereto, to 
        receive a contract or subcontract made with amounts 
        authorized under the Federal Public Transportation Act 
        of 2012 if a court or department, agency, or 
        instrumentality of the Government decides the person 
        intentionally--
                  (A) affixed a ``Made in America'' label, or a 
                label with an inscription having the same 
                meaning, to goods sold in or shipped to the 
                United States that are used in a project to 
                which this subsection applies but not produced 
                in the United States; or
                  (B) represented that goods described in 
                subparagraph (A) of this paragraph were 
                produced in the United States.
          (7) State requirements.--The Secretary may not impose 
        any limitation on assistance provided under this 
        chapter that restricts a State from imposing more 
        stringent requirements than this subsection on the use 
        of articles, materials, and supplies mined, produced, 
        or manufactured in foreign countries in projects 
        carried out with that assistance or restricts a 
        recipient of that assistance from complying with those 
        State-imposed requirements.
          (8) Opportunity to correct inadvertent error.--The 
        Secretary may allow a manufacturer or supplier of 
        steel, iron, or manufactured goods to correct after bid 
        opening any certification of noncompliance or failure 
        to properly complete the certification (but not 
        including failure to sign the certification) under this 
        subsection if such manufacturer or supplier attests 
        under penalty of perjury that such manufacturer or 
        supplier submitted an incorrect certification as a 
        result of an inadvertent or clerical error. The burden 
        of establishing inadvertent or clerical error is on the 
        manufacturer or supplier.
          (9) Administrative review.--A party adversely 
        affected by an agency action under this subsection 
        shall have the right to seek review under section 702 
        of title 5.
  (k) Participation of Governmental Agencies in Design and 
Delivery of Transportation Services.--Governmental agencies and 
nonprofit organizations that receive assistance from Government 
sources (other than the Department of Transportation) for 
nonemergency transportation services shall--
          (1) participate and coordinate with recipients of 
        assistance under this chapter in the design and 
        delivery of transportation services; and
          (2) be included in the planning for those services.
  (l) Relationship to Other Laws.--
          (1) Fraud and false statements.--Section 1001 of 
        title 18 applies to a certificate, submission, or 
        statement provided under this chapter. The Secretary 
        may terminate financial assistance under this chapter 
        and seek reimbursement directly, or by offsetting 
        amounts, available under this chapter if the Secretary 
        determines that a recipient of such financial 
        assistance has made a false or fraudulent statement or 
        related act in connection with a Federal public 
        transportation program.
          (2) Political activities of nonsupervisory 
        employees.--The provision of assistance under this 
        chapter shall not be construed to require the 
        application of chapter 15 of title 5 to any 
        nonsupervisory employee of a public transportation 
        system (or any other agency or entity performing 
        related functions) to whom such chapter does not 
        otherwise apply.
  (m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary shall prescribe regulations requiring 
a preaward and postdelivery review of a grant under this 
chapter to buy rolling stock to ensure compliance with 
Government motor vehicle safety requirements, subsection (j) of 
this section, and bid specifications requirements of grant 
recipients under this chapter. Under this subsection, 
independent inspections and review are required, and a 
manufacturer certification is not sufficient. Rolling stock 
procurements of 20 vehicles or fewer made for the purpose of 
serving rural areas and urbanized areas with populations of 
200,000 or fewer shall be subject to the same requirements as 
established for procurements of 10 or fewer buses under the 
post-delivery purchaser's requirements certification process 
under section 663.37(c) of title 49, Code of Federal 
Regulations.
  (n) Submission of Certifications.--A certification required 
under this chapter and any additional certification or 
assurance required by law or regulation to be submitted to the 
Secretary may be consolidated into a single document to be 
submitted annually as part of a grant application under this 
chapter. The Secretary shall publish annually a list of all 
certifications required under this chapter with the publication 
required under section 5336(d)(2).
  (o) Grant Requirements.--The grant requirements under 
sections 5307, 5309, and 5337 apply to any project under this 
chapter that receives any assistance or other financing under 
chapter 6 (other than section 609) of title 23.
  (p) Alternative Fueling Facilities.--A recipient of 
assistance under this chapter may allow the incidental use of 
federally funded alternative fueling facilities and equipment 
by nontransit public entities and private entities if--
          (1) the incidental use does not interfere with the 
        recipient's public transportation operations;
          (2) all costs related to the incidental use are fully 
        recaptured by the recipient from the nontransit public 
        entity or private entity;
          (3) the recipient uses revenues received from the 
        incidental use in excess of costs for planning, 
        capital, and operating expenses that are incurred in 
        providing public transportation; and
          (4) private entities pay all applicable excise taxes 
        on fuel.
  (q) Corridor Preservation.--
          (1) In general.--The Secretary may assist a recipient 
        in acquiring right-of-way before the completion of the 
        environmental reviews for any project that may use the 
        right-of-way if the acquisition is otherwise permitted 
        under Federal law. The Secretary may establish 
        restrictions on such an acquisition as the Secretary 
        determines to be necessary and appropriate.
          (2) Environmental reviews.--Right-of-way acquired 
        under this subsection may not be developed in 
        anticipation of the project until all required 
        environmental reviews for the project have been 
        completed.
  (r) Reasonable Access to Public Transportation Facilities.--A 
recipient of assistance under this chapter may not deny 
reasonable access for a private intercity or charter 
transportation operator to federally funded public 
transportation facilities, including intermodal facilities, 
park and ride lots, and bus-only highway lanes. In determining 
reasonable access, capacity requirements of the recipient of 
assistance and the extent to which access would be detrimental 
to existing public transportation services must be considered.
  (s) Value Capture Revenue Eligible for Local Share.--A 
recipient of assistance under this chapter may use the revenue 
generated from value capture financing mechanisms as local 
matching funds for capital projects and operating costs 
eligible under this chapter.
  (t) Special Condition on Charter Bus Transportation 
Service.--If, in a fiscal year, the Secretary is prohibited by 
law from enforcing regulations related to charter bus service 
under part 604 of title 49, Code of Federal Regulations, for 
any transit agency that during fiscal year 2008 was both 
initially granted a 60-day period to come into compliance with 
such part 604, and then was subsequently granted an exception 
from such part--
          (1) the transit agency shall be precluded from 
        receiving its allocation of urbanized area formula 
        grant funds for that fiscal year; and
          (2) any amounts withheld pursuant to paragraph (1) 
        shall be added to the amount that the Secretary may 
        apportion under section 5336 in the following fiscal 
        year.

           *       *       *       *       *       *       *


Sec. 5329. Public transportation safety program

  (a) Definition.--In this section, the term ``recipient'' 
means a State or local governmental authority, or any other 
operator of a public transportation system, that receives 
financial assistance under this chapter.
  (b) National Public Transportation Safety Plan.--
          (1) In general.--The Secretary shall create and 
        implement a national public transportation safety plan 
        to improve the safety of all public transportation 
        systems that receive funding under this chapter.
          (2) Contents of plan.--The national public 
        transportation safety plan under paragraph (1) shall 
        include--
                  (A) safety performance criteria for all modes 
                of public transportation;
                  (B) the definition of the term ``state of 
                good repair'' established under section 
                5326(b);
                  (C) minimum safety performance standards for 
                public transportation vehicles used in revenue 
                operations that--
                          (i) do not apply to rolling stock 
                        otherwise regulated by the Secretary or 
                        any other Federal agency; and
                          (ii) to the extent practicable, take 
                        into consideration--
                                  (I) relevant recommendations 
                                of the National Transportation 
                                Safety Board; and
                                  (II) recommendations of, and 
                                best practices standards 
                                developed by, the public 
                                transportation industry; [and]
                  (D) minimum safety standards to ensure the 
                safe operation of public transportation systems 
                that--
                          (i) are not related to performance 
                        standards for public transportation 
                        vehicles developed under subparagraph 
                        (C); and
                          (ii) to the extent practicable, take 
                        into consideration--
                                  (I) relevant recommendations 
                                of the National Transportation 
                                Safety Board;
                                  (II) best practices standards 
                                developed by the public 
                                transportation industry;
                                  (III) any minimum safety 
                                standards or performance 
                                criteria being implemented 
                                across the public 
                                transportation industry;
                                  (IV) relevant recommendations 
                                from the report under section 
                                3018 of the Surface 
                                Transportation Reauthorization 
                                and Reform Act of 2015; and
                                  (V) any additional 
                                information that the Secretary 
                                determines necessary and 
                                appropriate;
                  [(D)] (E) a public transportation safety 
                certification training program, as described in 
                subsection (c).
  (c) Public Transportation Safety Certification Training 
Program.--
          (1) In general.--The Secretary shall establish a 
        public transportation safety certification training 
        program for Federal and State employees, or other 
        designated personnel, who conduct safety audits and 
        examinations of public transportation systems and 
        employees of public transportation agencies directly 
        responsible for safety oversight.
          (2) Interim provisions.--Not later than 90 days after 
        the date of enactment of the Federal Public 
        Transportation Act of 2012, the Secretary shall 
        establish interim provisions for the certification and 
        training of the personnel described in paragraph (1), 
        which shall be in effect until the effective date of 
        the final rule issued by the Secretary to implement 
        this subsection.
  (d) Public Transportation Agency Safety Plan.--
          (1) In general.--Effective 1 year after the effective 
        date of a final rule issued by the Secretary to carry 
        out this subsection, each recipient or State, as 
        described in paragraph (3), shall certify that the 
        recipient or State has established a comprehensive 
        agency safety plan that includes, at a minimum--
                  (A) a requirement that the board of directors 
                (or equivalent entity) of the recipient approve 
                the agency safety plan and any updates to the 
                agency safety plan;
                  (B) methods for identifying and evaluating 
                safety risks throughout all elements of the 
                public transportation system of the recipient;
                  (C) strategies to minimize the exposure of 
                the public, personnel, and property to hazards 
                and unsafe conditions;
                  (D) a process and timeline for conducting an 
                annual review and update of the safety plan of 
                the recipient;
                  (E) performance targets based on the safety 
                performance criteria and state of good repair 
                standards established under subparagraphs (A) 
                and (B), respectively, of subsection (b)(2);
                  (F) assignment of an adequately trained 
                safety officer who reports directly to the 
                general manager, president, or equivalent 
                officer of the recipient; and
                  (G) a comprehensive staff training program 
                for the operations personnel and personnel 
                directly responsible for safety of the 
                recipient that includes--
                          (i) the completion of a safety 
                        training program; and
                          (ii) continuing safety education and 
                        training.
          (2) Interim agency safety plan.--A system safety plan 
        developed pursuant to part 659 of title 49, Code of 
        Federal Regulations, as in effect on the date of 
        enactment of the Federal Public Transportation Act of 
        2012, shall remain in effect until such time as this 
        subsection takes effect.
          (3) Public transportation agency safety plan drafting 
        and certification.--
                  (A) Section 5311.--For a recipient receiving 
                assistance under section 5311, a State safety 
                plan may be drafted and certified by the 
                recipient or a State.
                  (B) Section 5307.--Not later than 120 days 
                after the date of enactment of the Federal 
                Public Transportation Act of 2012, the 
                Secretary shall issue a rule designating 
                recipients of assistance under section 5307 
                that are small public transportation providers 
                or systems that may have their State safety 
                plans drafted or certified by a State.
  (e) State Safety Oversight Program.--
          (1) Applicability.--This subsection applies only to 
        eligible States.
          (2) Definition.--In this subsection, the term 
        ``eligible State'' means a State that has--
                  (A) a rail fixed guideway public 
                transportation system within the jurisdiction 
                of the State that is not subject to regulation 
                by the Federal Railroad Administration; or
                  (B) a rail fixed guideway public 
                transportation system in the engineering or 
                construction phase of development within the 
                jurisdiction of the State that will not be 
                subject to regulation by the Federal Railroad 
                Administration.
          (3) In general.--In order to obligate funds 
        apportioned under section 5338 to carry out this 
        chapter, effective 3 years after the date on which a 
        final rule under this subsection becomes effective, an 
        eligible State shall have in effect a State safety 
        oversight program approved by the Secretary under which 
        the State--
                  (A) assumes responsibility for overseeing 
                rail fixed guideway public transportation 
                safety;
                  (B) adopts and enforces Federal and relevant 
                State laws on rail fixed guideway public 
                transportation safety;
                  (C) establishes a State safety oversight 
                agency;
                  (D) determines, in consultation with the 
                Secretary, an appropriate staffing level for 
                the State safety oversight agency that is 
                commensurate with the number, size, and 
                complexity of the rail fixed guideway public 
                transportation systems in the eligible State;
                  (E) requires that employees and other 
                designated personnel of the eligible State 
                safety oversight agency who are responsible for 
                rail fixed guideway public transportation 
                safety oversight are qualified to perform such 
                functions through appropriate training, 
                including successful completion of the public 
                transportation safety certification training 
                program established under subsection (c); and
                  (F) prohibits any public transportation 
                agency from providing funds to the State safety 
                oversight agency or an entity designated by the 
                eligible State as the State safety oversight 
                agency under paragraph (4).
          (4) State safety oversight agency.--
                  (A) In general.--Each State safety oversight 
                program shall establish a State safety 
                oversight agency that--
                          (i) is financially and legally 
                        independent from any public 
                        transportation entity that the State 
                        safety oversight agency oversees;
                          (ii) does not directly provide public 
                        transportation services in an area with 
                        a rail fixed guideway public 
                        transportation system subject to the 
                        requirements of this section;
                          (iii) does not employ any individual 
                        who is also responsible for the 
                        administration of rail fixed guideway 
                        public transportation programs subject 
                        to the requirements of this section;
                          (iv) has the authority to review, 
                        approve, oversee, and enforce the 
                        implementation by the rail fixed 
                        guideway public transportation agency 
                        of the public transportation agency 
                        safety plan required under subsection 
                        (d);
                          (v) has investigative and enforcement 
                        authority with respect to the safety of 
                        rail fixed guideway public 
                        transportation systems of the eligible 
                        State;
                          (vi) audits, at least once 
                        triennially, the compliance of the rail 
                        fixed guideway public transportation 
                        systems in the eligible State subject 
                        to this subsection with the public 
                        transportation agency safety plan 
                        required under subsection (d); and
                          (vii) provides, at least once 
                        annually, a status report on the safety 
                        of the rail fixed guideway public 
                        transportation systems the State safety 
                        oversight agency oversees to--
                                  (I) the Federal Transit 
                                Administration;
                                  (II) the Governor of the 
                                eligible State; and
                                  (III) the board of directors, 
                                or equivalent entity, of any 
                                rail fixed guideway public 
                                transportation system that the 
                                State safety oversight agency 
                                oversees.
                  (B) Waiver.--At the request of an eligible 
                State, the Secretary may waive clauses (i) and 
                (iii) of subparagraph (A) for eligible States 
                with 1 or more rail fixed guideway systems in 
                revenue operations, design, or construction, 
                that--
                          (i) have fewer than 1,000,000 
                        combined actual and projected rail 
                        fixed guideway revenue miles per year; 
                        or
                          (ii) provide fewer than 10,000,000 
                        combined actual and projected unlinked 
                        passenger trips per year.
          (5) Programs for multi-State rail fixed guideway 
        public transportation systems.--An eligible State that 
        has within the jurisdiction of the eligible State a 
        rail fixed guideway public transportation system that 
        operates in more than 1 eligible State shall--
                  (A) jointly with all other eligible States in 
                which the rail fixed guideway public 
                transportation system operates, ensure uniform 
                safety standards and enforcement procedures 
                that shall be in compliance with this section, 
                and establish and implement a State safety 
                oversight program approved by the Secretary; or
                  (B) jointly with all other eligible States in 
                which the rail fixed guideway public 
                transportation system operates, designate an 
                entity having characteristics consistent with 
                the characteristics described in paragraph (3) 
                to carry out the State safety oversight program 
                approved by the Secretary.
          (6) Grants.--
                  (A) In general.--The Secretary shall make 
                grants to eligible States to develop or carry 
                out State safety oversight programs under this 
                subsection. Grant funds may be used for program 
                operational and administrative expenses, 
                including employee training activities.
                  (B) Apportionment.--
                          (i) Formula.--The amount made 
                        available for State safety oversight 
                        under section 5336(h) shall be 
                        apportioned among eligible States under 
                        a formula to be established by the 
                        Secretary. Such formula shall take into 
                        account fixed guideway vehicle revenue 
                        miles, fixed guideway route miles, and 
                        fixed guideway vehicle passenger miles 
                        attributable to all rail fixed guideway 
                        systems not subject to regulation by 
                        the Federal Railroad Administration 
                        within each eligible State.
                          (ii) Administrative requirements.--
                        Grant funds apportioned to States under 
                        this paragraph shall be subject to 
                        uniform administrative requirements for 
                        grants and cooperative agreements to 
                        State and local governments under part 
                        18 of title 49, Code of Federal 
                        Regulations, and shall be subject to 
                        the requirements of this chapter as the 
                        Secretary determines appropriate.
                  (C) Government share.--
                          (i) In general.--The Government share 
                        of the reasonable cost of a State 
                        safety oversight program developed or 
                        carried out using a grant under this 
                        paragraph shall be 80 percent.
                          (ii) In-kind contributions.--Any 
                        calculation of the non-Government share 
                        of a State safety oversight program 
                        shall include in-kind contributions by 
                        an eligible State.
                          (iii) Non-government share.--The non-
                        Government share of the cost of a State 
                        safety oversight program developed or 
                        carried out using a grant under this 
                        paragraph may not be met by--
                                  (I) any Federal funds;
                                  (II) any funds received from 
                                a public transportation agency; 
                                or
                                  (III) any revenues earned by 
                                a public transportation agency.
                          (iv) Safety training program.--
                        Recipients of funds made available to 
                        carry out sections 5307 and 5311 may 
                        use not more than 0.5 percent of their 
                        formula funds to pay not more than 80 
                        percent of the cost of participation in 
                        the public transportation safety 
                        certification training program 
                        established under subsection (c), by an 
                        employee of a State safety oversight 
                        agency or a recipient who is directly 
                        responsible for safety oversight.
          (7) Certification process.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of the Federal Public 
                Transportation Act of 2012, the Secretary shall 
                determine whether or not each State safety 
                oversight program meets the requirements of 
                this subsection and the State safety oversight 
                program is adequate to promote the purposes of 
                this section.
                  (B) Issuance of certifications and denials.--
                The Secretary shall issue a certification to 
                each eligible State that the Secretary 
                determines under subparagraph (A) adequately 
                meets the requirements of this subsection, and 
                shall issue a denial of certification to each 
                eligible State that the Secretary determines 
                under subparagraph (A) does not adequately meet 
                the requirements of this subsection.
                  (C) Disapproval.--If the Secretary determines 
                that a State safety oversight program does not 
                meet the requirements of this subsection and 
                denies certification, the Secretary shall 
                transmit to the eligible State a written 
                explanation and allow the eligible State to 
                modify and resubmit the State safety oversight 
                program for approval.
                  (D) Failure to correct.--If the Secretary 
                determines that a modification by an eligible 
                State of the State safety oversight program is 
                not sufficient to certify the program, the 
                Secretary--
                          (i) shall notify the Governor of the 
                        eligible State of such denial of 
                        certification and failure to adequately 
                        modify the program, and shall request 
                        that the Governor take all possible 
                        actions to correct deficiencies in the 
                        program to ensure the certification of 
                        the program; and
                          (ii) may--
                                  (I) withhold funds available 
                                under paragraph (6) in an 
                                amount determined by the 
                                Secretary;
                                  (II) withhold not more than 5 
                                percent of the amount required 
                                to be appropriated for use in a 
                                State or urbanized area in the 
                                State under section 5307 of 
                                this title, until the State 
                                safety oversight program has 
                                been certified; or
                                  (III) require fixed guideway 
                                public transportation systems 
                                under such State safety 
                                oversight program to provide up 
                                to 100 percent of Federal 
                                assistance made available under 
                                this chapter only for safety-
                                related improvements on such 
                                systems, until the State safety 
                                oversight program has been 
                                certified.
          (8) Evaluation of program and annual report.--The 
        Secretary shall continually evaluate the implementation 
        of a State safety oversight program by a State safety 
        oversight agency, and shall submit on or before July 1 
        of each year to the Committee on Banking, Housing, and 
        Urban Affairs of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on--
                  (A) the amount of funds apportioned to each 
                eligible State; and
                  (B) the certification status of each State 
                safety oversight program, including what steps 
                a State program that has been denied 
                certification must take in order to be 
                certified.
          (9) Federal oversight.--The Secretary shall--
                  (A) oversee the implementation of each State 
                safety oversight program under this subsection;
                  (B) audit the operations of each State safety 
                oversight agency at least once triennially; and
                  (C) issue rules to carry out this subsection.
  [(f) Authority of Secretary.--In carrying out this section, 
the Secretary may--
          [(1) conduct inspections, investigations, audits, 
        examinations, and testing of the equipment, facilities, 
        rolling stock, and operations of the public 
        transportation system of a recipient;
          [(2) make reports and issue directives with respect 
        to the safety of the public transportation system of a 
        recipient;
          [(3) in conjunction with an accident investigation or 
        an investigation into a pattern or practice of conduct 
        that negatively affects public safety, issue a subpoena 
        to, and take the deposition of, any employee of a 
        recipient or a State safety oversight agency, if--
                  [(A) before the issuance of the subpoena, the 
                Secretary requests a determination by the 
                Attorney General of the United States as to 
                whether the subpoena will interfere with an 
                ongoing criminal investigation; and
                  [(B) the Attorney General--
                          [(i) determines that the subpoena 
                        will not interfere with an ongoing 
                        criminal investigation; or
                          [(ii) fails to make a determination 
                        under clause (i) before the date that 
                        is 30 days after the date on which the 
                        Secretary makes a request under 
                        subparagraph (A);
          [(4) require the production of documents by, and 
        prescribe recordkeeping and reporting requirements for, 
        a recipient or a State safety oversight agency;
          [(5) investigate public transportation accidents and 
        incidents and provide guidance to recipients regarding 
        prevention of accidents and incidents;
          [(6) at reasonable times and in a reasonable manner, 
        enter and inspect equipment, facilities, rolling stock, 
        operations, and relevant records of the public 
        transportation system of a recipient; and
          [(7) issue rules to carry out this section.]
  (f) Authority of Secretary.--
          (1) In general.--In carrying out this section, the 
        Secretary may--
                  (A) conduct inspections, investigations, 
                audits, examinations, and testing of the 
                equipment, facilities, rolling stock, and 
                operations of the public transportation system 
                of a recipient;
                  (B) make reports and issue directives with 
                respect to the safety of the public 
                transportation system of a recipient or the 
                public transportation industry generally;
                  (C) in conjunction with an accident 
                investigation or an investigation into a 
                pattern or practice of conduct that negatively 
                affects public safety, issue a subpoena to, and 
                take the deposition of, any employee of a 
                recipient or a State safety oversight agency, 
                if--
                          (i) before the issuance of the 
                        subpoena, the Secretary requests a 
                        determination by the Attorney General 
                        as to whether the subpoena will 
                        interfere with an ongoing criminal 
                        investigation; and
                          (ii) the Attorney General--
                                  (I) determines that the 
                                subpoena will not interfere 
                                with an ongoing criminal 
                                investigation; or
                                  (II) fails to make a 
                                determination under clause (i) 
                                before the date that is 30 days 
                                after the date on which the 
                                Secretary makes a request under 
                                clause (i);
                  (D) require the production of documents by, 
                and prescribe recordkeeping and reporting 
                requirements for, a recipient or a State safety 
                oversight agency;
                  (E) investigate public transportation 
                accidents and incidents and provide guidance to 
                recipients regarding prevention of accidents 
                and incidents;
                  (F) at reasonable times and in a reasonable 
                manner, enter and inspect relevant records of 
                the public transportation system of a 
                recipient; and
                  (G) issue rules to carry out this section.
          (2) Additional authority.--
                  (A) Administration of state safety oversight 
                activities.--If the Secretary finds that a 
                State safety oversight agency that oversees a 
                rail fixed guideway system operating in more 
                than 2 States has become incapable of providing 
                adequate safety oversight of such system, the 
                Secretary may administer State safety oversight 
                activities for such rail fixed guideway system 
                until the States develop a State safety 
                oversight program certified by the Secretary in 
                accordance with subsection (e).
                  (B) Funding.--To carry out administrative and 
                oversight activities authorized by this 
                paragraph, the Secretary may use--
                          (i) grant funds apportioned to an 
                        eligible State under subsection (e)(6) 
                        to develop or carry out a State safety 
                        oversight program; and
                          (ii) grant funds apportioned to an 
                        eligible State under subsection (e)(6) 
                        that have not been obligated within the 
                        administrative period of availability.
  (g) Enforcement Actions.--
          (1) Types of enforcement actions.--The Secretary may 
        take enforcement action against [an eligible State, as 
        defined in subsection (e),] a recipient that does not 
        comply with Federal law with respect to the safety of 
        the public transportation system, including--
                  (A) issuing directives;
                  (B) requiring more frequent oversight of the 
                recipient by a State safety oversight agency or 
                the Secretary;
                  (C) imposing more frequent reporting 
                requirements; [and]
                  (D) requiring that any Federal financial 
                assistance provided under this chapter be spent 
                on correcting safety deficiencies identified by 
                the Secretary or the State safety oversight 
                agency before such funds are spent on other 
                projects[.]; or
                  (E) withholding not more than 25 percent of 
                financial assistance under section 5307.
          (2) Use or withholding of funds.--
                  (A) In general.--The Secretary may require 
                the use of funds or withhold funds in 
                accordance with paragraph (1)(D) or (1)(E) only 
                if the Secretary finds that a recipient is 
                engaged in a pattern or practice of serious 
                safety violations or has otherwise refused to 
                comply with Federal law relating to the safety 
                of the public transportation system.
                  (B) Limitation.--The Secretary may only 
                withhold funds in accordance with paragraph 
                (1)(E), if enforcement actions under 
                subparagraph (A), (B), (C), or (D) did not 
                bring the recipient into compliance.
                  [(B)] (C) Notice.--Before withholding funds 
                from a recipient, the Secretary shall provide 
                to the recipient--
                          (i) written notice of a violation and 
                        the amount proposed to be withheld; and
                          (ii) a reasonable period of time 
                        within which the recipient may address 
                        the violation or propose and initiate 
                        an alternative means of compliance that 
                        the Secretary determines is acceptable.
  (h) Cost-benefit Analysis.--
          (1) Analysis required.--In carrying out this section, 
        the Secretary shall take into consideration the costs 
        and benefits of each action the Secretary proposes to 
        take under this section.
          (2) Waiver.--The Secretary may waive the requirement 
        under this subsection if the Secretary determines that 
        such a waiver is in the public interest.
  (i) Consultation by the Secretary of Homeland Security.--The 
Secretary of Homeland Security shall consult with the Secretary 
of Transportation before the Secretary of Homeland Security 
issues a rule or order that the Secretary of Transportation 
determines affects the safety of public transportation design, 
construction, or operations.
  (j) Actions Under State Law.--
          (1) Rule of construction.--Nothing in this section 
        shall be construed to preempt an action under State law 
        seeking damages for personal injury, death, or property 
        damage alleging that a party has failed to comply 
        with--
                  (A) a Federal standard of care established by 
                a regulation or order issued by the Secretary 
                under this section; or
                  (B) its own program, rule, or standard that 
                it created pursuant to a rule or order issued 
                by the Secretary.
          (2) Effective date.--This subsection shall apply to 
        any cause of action under State law arising from an 
        event or activity occurring on or after the date of 
        enactment of the Federal Public Transportation Act of 
        2012.
          (3) Jurisdiction.--Nothing in this section shall be 
        construed to create a cause of action under Federal law 
        on behalf of an injured party or confer Federal 
        question jurisdiction for a State law cause of action.
  (k) National Public Transportation Safety Report.--Not later 
than 3 years after the date of enactment of the Federal Public 
Transportation Act of 2012, the Secretary shall submit to the 
Committee on Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report that--
          (1) analyzes public transportation safety trends 
        among the States and documents the most effective 
        safety programs implemented using grants under this 
        section; and
          (2) describes the effect on public transportation 
        safety of activities carried out using grants under 
        this section.

           *       *       *       *       *       *       *


Sec. 5336. Apportionment of appropriations for formula grants

  (a) Based on Urbanized Area Population.--Of the amount 
apportioned under [subsection (h)(4)] subsection (g)(5) to 
carry out section 5307--
          (1) 9.32 percent shall be apportioned each fiscal 
        year only in urbanized areas with a population of less 
        than 200,000 so that each of those areas is entitled to 
        receive an amount equal to--
                  (A) 50 percent of the total amount 
                apportioned multiplied by a ratio equal to the 
                population of the area divided by the total 
                population of all urbanized areas with 
                populations of less than 200,000 as shown in 
                the most recent decennial census; and
                  (B) 50 percent of the total amount 
                apportioned multiplied by a ratio for the area 
                based on population weighted by a factor, 
                established by the Secretary, of the number of 
                inhabitants in each square mile; and
          (2) 90.68 percent shall be apportioned each fiscal 
        year only in urbanized areas with populations of at 
        least 200,000 as provided in subsections (b) and (c) of 
        this section.
  (b) Based on Fixed Guideway Vehicle Revenue Miles, 
Directional Route Miles, and Passenger Miles.--(1) In this 
subsection, ``fixed guideway vehicle revenue miles'' and 
``fixed guideway directional route miles'' include passenger 
ferry operations directly or under contract by the designated 
recipient.
  (2) Of the amount apportioned under subsection (a)(2) of this 
section, 33.29 percent shall be apportioned as follows:
          (A) 95.61 percent of the total amount apportioned 
        under this subsection shall be apportioned so that each 
        urbanized area with a population of at least 200,000 is 
        entitled to receive an amount equal to--
                  (i) 60 percent of the 95.61 percent 
                apportioned under this subparagraph multiplied 
                by a ratio equal to the number of fixed 
                guideway vehicle revenue miles attributable to 
                the area, as established by the Secretary, 
                divided by the total number of all fixed 
                guideway vehicle revenue miles attributable to 
                all areas; and
                  (ii) 40 percent of the 95.61 percent 
                apportioned under this subparagraph multiplied 
                by a ratio equal to the number of fixed 
                guideway directional route miles attributable 
                to the area, established by the Secretary, 
                divided by the total number of all fixed 
                guideway directional route miles attributable 
                to all areas.
        An urbanized area with a population of at least 750,000 
        in which commuter rail transportation is provided shall 
        receive at least .75 percent of the total amount 
        apportioned under this subparagraph.
          (B) 4.39 percent of the total amount apportioned 
        under this subsection shall be apportioned so that each 
        urbanized area with a population of at least 200,000 is 
        entitled to receive an amount equal to--
                  (i) the number of fixed guideway vehicle 
                passenger miles traveled multiplied by the 
                number of fixed guideway vehicle passenger 
                miles traveled for each dollar of operating 
                cost in an area; divided by
                  (ii) the total number of fixed guideway 
                vehicle passenger miles traveled multiplied by 
                the total number of fixed guideway vehicle 
                passenger miles traveled for each dollar of 
                operating cost in all areas.
        An urbanized area with a population of at least 750,000 
        in which commuter rail transportation is provided shall 
        receive at least .75 percent of the total amount 
        apportioned under this subparagraph.
          (C) Under subparagraph (A) of this paragraph, fixed 
        guideway vehicle revenue or directional route miles, 
        and passengers served on those miles, in an urbanized 
        area with a population of less than 200,000, where the 
        miles and passengers served otherwise would be 
        attributable to an urbanized area with a population of 
        at least 1,000,000 in an adjacent State, are 
        attributable to the governmental authority in the State 
        in which the urbanized area with a population of less 
        than 200,000 is located. The authority is deemed an 
        urbanized area with a population of at least 200,000 if 
        the authority makes a contract for the service.
          (D) A recipient's apportionment under subparagraph 
        (A)(i) of this paragraph may not be reduced if the 
        recipient, after satisfying the Secretary that energy 
        or operating efficiencies would be achieved, reduces 
        vehicle revenue miles but provides the same frequency 
        of revenue service to the same number of riders.
          (E) For purposes of subparagraph (A) and section 
        5337(c)(3), the Secretary shall deem to be attributable 
        to an urbanized area not less than [22.27 percent] 27 
        percent of the fixed guideway vehicle revenue miles or 
        fixed guideway directional route miles in the public 
        transportation system of a recipient that are located 
        outside the urbanized area for which the recipient 
        receives funds, in addition to the fixed guideway 
        vehicle revenue miles or fixed guideway directional 
        route miles of the recipient that are located inside 
        the urbanized area.
  (c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--
Of the amount apportioned under subsection (a)(2) of this 
section, 66.71 percent shall be apportioned as follows:
          (1) 90.8 percent of the total amount apportioned 
        under this subsection shall be apportioned as follows:
                  (A) 73.39 percent of the 90.8 percent 
                apportioned under this paragraph shall be 
                apportioned so that each urbanized area with a 
                population of at least 1,000,000 is entitled to 
                receive an amount equal to--
                          (i) 50 percent of the 73.39 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        total bus vehicle revenue miles 
                        operated in or directly serving the 
                        urbanized area divided by the total bus 
                        vehicle revenue miles attributable to 
                        all areas;
                          (ii) 25 percent of the 73.39 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        population of the area divided by the 
                        total population of all areas, as shown 
                        in the most recent decennial census; 
                        and
                          (iii) 25 percent of the 73.39 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio for the area 
                        based on population weighted by a 
                        factor, established by the Secretary, 
                        of the number of inhabitants in each 
                        square mile.
                  (B) 26.61 percent of the 90.8 percent 
                apportioned under this paragraph shall be 
                apportioned so that each urbanized area with a 
                population of at least 200,000 but not more 
                than 999,999 is entitled to receive an amount 
                equal to--
                          (i) 50 percent of the 26.61 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        total bus vehicle revenue miles 
                        operated in or directly serving the 
                        urbanized area divided by the total bus 
                        vehicle revenue miles attributable to 
                        all areas;
                          (ii) 25 percent of the 26.61 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        population of the area divided by the 
                        total population of all areas, as shown 
                        by the most recent decennial census; 
                        and
                          (iii) 25 percent of the 26.61 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio for the area 
                        based on population weighted by a 
                        factor, established by the Secretary, 
                        of the number of inhabitants in each 
                        square mile.
          (2) 9.2 percent of the total amount apportioned under 
        this subsection shall be apportioned so that each 
        urbanized area with a population of at least 200,000 is 
        entitled to receive an amount equal to--
                  (A) the number of bus passenger miles 
                traveled multiplied by the number of bus 
                passenger miles traveled for each dollar of 
                operating cost in an area; divided by
                  (B) the total number of bus passenger miles 
                traveled multiplied by the total number of bus 
                passenger miles traveled for each dollar of 
                operating cost in all areas.
  (d) Date of Apportionment.--The Secretary shall--
          (1) apportion amounts appropriated under section 
        5338(a)(2)(C) of this title to carry out section 5307 
        of this title not later than the 10th day after the 
        date the amounts are appropriated or October 1 of the 
        fiscal year for which the amounts are appropriated, 
        whichever is later; and
          (2) publish apportionments of the amounts, including 
        amounts attributable to each urbanized area with a 
        population of more than 50,000 and amounts attributable 
        to each State of a multistate urbanized area, on the 
        apportionment date.
  (e) Amounts Not Apportioned to Designated Recipients.--The 
Governor of a State may expend in an urbanized area with a 
population of less than 200,000 an amount apportioned under 
this section that is not apportioned to a designated recipient, 
as defined in section 5302(4).
  (f) Transfers of Apportionments.--(1) The Governor of a State 
may transfer any part of the State's apportionment under 
subsection (a)(1) of this section to supplement amounts 
apportioned to the State under section 5311(c)(3). The Governor 
may make a transfer only after consulting with responsible 
local officials and publicly owned operators of public 
transportation in each area for which the amount originally was 
apportioned under this section.
  (2) The Governor of a State may transfer any part of the 
State's apportionment under section 5311(c)(3) to supplement 
amounts apportioned to the State under subsection (a)(1) of 
this section.
  (3) The Governor of a State may use throughout the State 
amounts of a State's apportionment remaining available for 
obligation at the beginning of the 90-day period before the 
period of the availability of the amounts expires.
  (4) A designated recipient for an urbanized area with a 
population of at least 200,000 may transfer a part of its 
apportionment under this section to the Governor of a State. 
The Governor shall distribute the transferred amounts to 
urbanized areas under this section.
  (5) Capital and operating assistance limitations applicable 
to the original apportionment apply to amounts transferred 
under this subsection.
  [(g) Period of Availability to Recipients.--An amount 
apportioned under this section may be obligated by the 
recipient for 5 years after the fiscal year in which the amount 
is apportioned. Not later than 30 days after the end of the 5-
year period, an amount that is not obligated at the end of that 
period shall be added to the amount that may be apportioned 
under this section in the next fiscal year.]
  [(h)] (g) Apportionments.--Of the amounts made available for 
each fiscal year under section 5338(a)(2)(C)--
          (1) $30,000,000 for each fiscal year ending before 
        October 1, 2015, and $2,377,049 for the period 
        beginning on October 1, 2015, and ending on October 29, 
        2015, shall be set aside to carry out section 5307(h);
          (2) 3.07 percent shall be apportioned to urbanized 
        areas in accordance with [subsection (j)] subsection 
        (i);
          [(3) of amounts not apportioned under paragraphs (1) 
        and (2), 1.5 percent shall be apportioned to urbanized 
        areas with populations of less than 200,000 in 
        accordance with subsection (i);]
          (3) of amounts not apportioned under paragraphs (1) 
        and (2)--
                  (A) for fiscal years 2016 through 2018, 1.5 
                percent shall be apportioned to urbanized areas 
                with populations of less than 200,000 in 
                accordance with subsection (h); and
                  (B) for fiscal years 2019 through 2021, 2 
                percent shall be apportioned to urbanized areas 
                with populations of less than 200,000 in 
                accordance with subsection (h);
          (4) 0.5 percent shall be apportioned to eligible 
        States for State safety oversight program grants in 
        accordance with section 5329(e)(6); and
          (5) any amount not apportioned under paragraphs (1), 
        (2), (3), and (4) shall be apportioned to urbanized 
        areas in accordance with subsections (a) through (c).
  [(i)] (h) Small Transit Intensive Cities Formula.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Eligible area.--The term ``eligible 
                area'' means an urbanized area with a 
                population of less than 200,000 that meets or 
                exceeds in one or more performance categories 
                the industry average for all urbanized areas 
                with a population of at least 200,000 but not 
                more than 999,999, as determined by the 
                Secretary in accordance with subsection (c)(2).
                  (B) Performance category.--The term 
                ``performance category'' means each of the 
                following:
                          (i) Passenger miles traveled per 
                        vehicle revenue mile.
                          (ii) Passenger miles traveled per 
                        vehicle revenue hour.
                          (iii) Vehicle revenue miles per 
                        capita.
                          (iv) Vehicle revenue hours per 
                        capita.
                          (v) Passenger miles traveled per 
                        capita.
                          (vi) Passengers per capita.
          (2) Apportionment.--
                  (A) Apportionment formula.--The amount to be 
                apportioned under [subsection (h)(3)] 
                subsection (g)(3) shall be apportioned among 
                eligible areas in the ratio that--
                          (i) the number of performance 
                        categories for which each eligible area 
                        meets or exceeds the industry average 
                        in urbanized areas with a population of 
                        at least 200,000 but not more than 
                        999,999; bears to
                          (ii) the aggregate number of 
                        performance categories for which all 
                        eligible areas meet or exceed the 
                        industry average in urbanized areas 
                        with a population of at least 200,000 
                        but not more than 999,999.
                  (B) Data used in formula.--The Secretary 
                shall calculate apportionments under this 
                subsection for a fiscal year using data from 
                the national transit database used to calculate 
                apportionments for that fiscal year under this 
                section.
  [(j)] (i) Apportionment Formula.--The amounts apportioned 
under [subsection (h)(2)] subsection (g)(2) shall be 
apportioned among urbanized areas as follows:
          (1) 75 percent of the funds shall be apportioned 
        among designated recipients for urbanized areas with a 
        population of 200,000 or more in the ratio that--
                  (A) the number of eligible low-income 
                individuals in each such urbanized area; bears 
                to
                  (B) the number of eligible low-income 
                individuals in all such urbanized areas.
          (2) 25 percent of the funds shall be apportioned 
        among designated recipients for urbanized areas with a 
        population of less than 200,000 in the ratio that--
                  (A) the number of eligible low-income 
                individuals in each such urbanized area; bears 
                to
                  (B) the number of eligible low-income 
                individuals in all such urbanized areas.

Sec. 5337. State of good repair grants

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Fixed guideway.--The term ``fixed guideway'' 
        means a public transportation facility--
                  (A) using and occupying a separate right-of-
                way for the exclusive use of public 
                transportation;
                  (B) using rail;
                  (C) using a fixed catenary system;
                  (D) for a passenger ferry system; or
                  (E) for a bus rapid transit system.
          (2) State.--The term ``State'' means the 50 States, 
        the District of Columbia, and Puerto Rico.
          (3) State of good repair.--The term ``state of good 
        repair'' has the meaning given that term by the 
        Secretary, by rule, under section 5326(b).
          (4) Transit asset management plan.--The term 
        ``transit asset management plan'' means a plan 
        developed by a recipient of funding under this chapter 
        that--
                  (A) includes, at a minimum, capital asset 
                inventories and condition assessments, decision 
                support tools, and investment prioritization; 
                and
                  (B) the recipient certifies that the 
                recipient complies with the rule issued under 
                section 5326(d).
  (b) General Authority.--
          (1) Eligible projects.--The Secretary may make grants 
        under this section to assist State and local 
        governmental authorities in financing capital projects 
        to maintain public transportation systems in a state of 
        good repair, including projects to replace and 
        rehabilitate--
                  (A) rolling stock;
                  (B) track;
                  (C) line equipment and structures;
                  (D) signals and communications;
                  (E) power equipment and substations;
                  (F) passenger stations and terminals;
                  (G) security equipment and systems;
                  (H) maintenance facilities and equipment;
                  (I) operational support equipment, including 
                computer hardware and software;
                  (J) development and implementation of a 
                transit asset management plan; and
                  (K) other replacement and rehabilitation 
                projects the Secretary determines appropriate.
          (2) Inclusion in plan.--A recipient shall include a 
        project carried out under paragraph (1) in the transit 
        asset management plan of the recipient upon completion 
        of the plan.
  (c) High Intensity Fixed Guideway State of Good Repair 
Formula.--
          (1) In general.--Of the amount authorized or made 
        available under section 5338(a)(2)(I), 97.15 percent 
        shall be apportioned to recipients in accordance with 
        this subsection.
          (2) Area share.--
                  (A) In general.--50 percent of the amount 
                described in paragraph (1) shall be apportioned 
                for fixed guideway systems in accordance with 
                this paragraph.
                  (B) Share.--A recipient shall receive an 
                amount equal to the amount described in 
                subparagraph (A), multiplied by the amount the 
                recipient would have received under this 
                section, as in effect for fiscal year 2011, if 
                the amount had been calculated in accordance 
                with section 5336(b)(1) and using the 
                definition of the term ``fixed guideway'' under 
                subsection (a) of this section, as such 
                sections are in effect on the day after the 
                date of enactment of the Federal Public 
                Transportation Act of 2012, and divided by the 
                total amount apportioned for all areas under 
                this section for fiscal year 2011.
                  (C) Recipient.--For purposes of this 
                paragraph, the term ``recipient'' means an 
                entity that received funding under this 
                section, as in effect for fiscal year 2011.
          (3) Vehicle revenue miles and directional route 
        miles.--
                  (A) In general.--50 percent of the amount 
                described in paragraph (1) shall be apportioned 
                to recipients in accordance with this 
                paragraph.
                  (B) Vehicle revenue miles.--A recipient in an 
                urbanized area shall receive an amount equal to 
                60 percent of the amount described in 
                subparagraph (A), multiplied by the number of 
                fixed guideway vehicle revenue miles 
                attributable to the urbanized area, as 
                established by the Secretary, divided by the 
                total number of all fixed guideway vehicle 
                revenue miles attributable to all urbanized 
                areas.
                  (C) Directional route miles.--A recipient in 
                an urbanized area shall receive an amount equal 
                to 40 percent of the amount described in 
                subparagraph (A), multiplied by the number of 
                fixed guideway directional route miles 
                attributable to the urbanized area, as 
                established by the Secretary, divided by the 
                total number of all fixed guideway directional 
                route miles attributable to all urbanized 
                areas.
          (4) Limitation.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the share of the total amount 
                apportioned under this subsection that is 
                apportioned to an area under this subsection 
                shall not decrease by more than 0.25 percentage 
                points compared to the share apportioned to the 
                area under this subsection in the previous 
                fiscal year.
                  (B) Special rule for fiscal year 2013.--In 
                fiscal year 2013, the share of the total amount 
                apportioned under this subsection that is 
                apportioned to an area under this subsection 
                shall not decrease by more than 0.25 percentage 
                points compared to the share that would have 
                been apportioned to the area under this 
                section, as in effect for fiscal year 2011, if 
                the share had been calculated using the 
                definition of the term ``fixed guideway'' under 
                subsection (a) of this section, as in effect on 
                the day after the date of enactment of the 
                Federal Public Transportation Act of 2012.
          (5) Use of funds.--Amounts made available under this 
        subsection shall be available for the exclusive use of 
        fixed guideway projects.
          (6) Receiving apportionment.--
                  (A) In general.--Except as provided in 
                subparagraph (B), for an area with a fixed 
                guideway system, the amounts provided under 
                this subsection shall be apportioned to the 
                designated recipient for the urbanized area in 
                which the system operates.
                  (B) Exception.--An area described in the 
                amendment made by section 3028(a) of the 
                Transportation Equity Act for the 21st Century 
                (Public Law 105-178; 112 Stat. 366) shall 
                receive an individual apportionment under this 
                subsection.
          (7) Apportionment requirements.--For purposes of 
        determining the number of fixed guideway vehicle 
        revenue miles or fixed guideway directional route miles 
        attributable to an urbanized area for a fiscal year 
        under this subsection, only segments of fixed guideway 
        systems placed in revenue service not later than 7 
        years before the first day of the fiscal year shall be 
        deemed to be attributable to an urbanized area.
  (d) High Intensity Motorbus State of Good Repair.--
          (1) Definition.--For purposes of this subsection, the 
        term ``high intensity motorbus'' means public 
        transportation that is provided [on a facility with 
        access for other high-occupancy vehicles] on high-
        occupancy vehicle lanes during peak hours.
          (2) Apportionment.--Of the amount authorized or made 
        available under section 5338(a)(2)(I), 2.85 percent 
        shall be apportioned to urbanized areas for high 
        intensity motorbus vehicle state of good repair in 
        accordance with this subsection.
          (3) Vehicle revenue miles and directional route 
        miles.--
                  (A) In general.--The amount described in 
                paragraph (2) shall be apportioned to each area 
                in accordance with this paragraph.
                  (B) Vehicle revenue miles.--Each area shall 
                receive an amount equal to 60 percent of the 
                amount described in subparagraph (A), 
                multiplied by the number of high intensity 
                motorbus vehicle revenue miles attributable to 
                the area, as established by the Secretary, 
                divided by the total number of all high 
                intensity motorbus vehicle revenue miles 
                attributable to all areas.
                  (C) Directional route miles.--Each area shall 
                receive an amount equal to 40 percent of the 
                amount described in subparagraph (A), 
                multiplied by the number of high intensity 
                motorbus directional route miles attributable 
                to the area, as established by the Secretary, 
                divided by the total number of all high 
                intensity motorbus directional route miles 
                attributable to all areas.
          (4) Apportionment requirements.--For purposes of 
        determining the number of high intensity motorbus 
        vehicle revenue miles or high intensity motorbus 
        directional route miles attributable to an urbanized 
        area for a fiscal year under this subsection, only 
        segments of high intensity motorbus systems placed in 
        revenue service not later than 7 years before the first 
        day of the fiscal year shall be deemed to be 
        attributable to an urbanized area.
          (5) Use of funds.--A recipient in an urbanized area 
        may use any portion of the amount apportioned to the 
        recipient under this subsection for high intensity 
        fixed guideway state of good repair projects under 
        subsection (c) if the recipient demonstrates to the 
        satisfaction of the Secretary that the high intensity 
        motorbus public transportation vehicles in the 
        urbanized area are in a state of good repair.
  (e) Government Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net 
        project cost of the project. The recipient may provide 
        additional local matching amounts.
          (2) Remaining costs.--The remainder of the net 
        project cost shall be provided--
                  (A) in cash from non-Government sources other 
                than revenues from providing public 
                transportation services;
                  (B) from revenues derived from the sale of 
                advertising and concessions;
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital; or
                  (D) from amounts appropriated or otherwise 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.

[Sec. 5338. Authorizations

  [(a) Formula Grants.--
          [(1) In general.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry 
        out sections 5305, 5307, 5310, 5311, 5318, 5322(d), 
        5335, 5337, 5339, and 5340, and section 20005(b) of the 
        Federal Public Transportation Act of 2012, 
        $8,478,000,000 for fiscal year 2013, $8,595,000,000 for 
        fiscal year 2014, $8,595,000,000 for fiscal year 2015, 
        and $681,024,590 for the period beginning on October 1, 
        2015, and ending on October 29, 2015.
          [(2) Allocation of funds.--Of the amounts made 
        available under paragraph (1)--
                  [(A) $126,900,000 for fiscal year 2013, 
                $128,800,000 for fiscal year 2014, $128,800,000 
                for fiscal 2015, and $10,205,464 for the period 
                beginning on October 1, 2015, and ending on 
                October 29, 2015, shall be available to carry 
                out section 5305;
                  [(B) $10,000,000 for each of fiscal years 
                2013 through 2015 and $792,350 for the period 
                beginning on October 1, 2015, and ending on 
                October 29, 2015, shall be available to carry 
                out section 20005(b) of the Federal Public 
                Transportation Act of 2012;
                  [(C) $4,397,950,000 for fiscal year 2013, 
                $4,458,650,000 for fiscal year 2014, 
                $4,458,650,000 for fiscal year 2015, and 
                $353,281,011 for the period beginning on 
                October 1, 2015, and ending on October 29, 
                2015, shall be allocated in accordance with 
                section 5336 to provide financial assistance 
                for urbanized areas under section 5307;
                  [(D) $254,800,000 for fiscal year 2013, 
                $258,300,000 for fiscal year 2014, $258,300,000 
                for fiscal year 2015, and $20,466,393 for the 
                period beginning on October 1, 2015, and ending 
                on October 29, 2015, shall be available to 
                provide financial assistance for services for 
                the enhanced mobility of seniors and 
                individuals with disabilities under section 
                5310;
                  [(E) $599,500,000 for fiscal year 2013, 
                $607,800,000 for fiscal year 2014, $607,800,000 
                for fiscal year 2015, and $48,159,016 for the 
                period beginning on October 1, 2015, and ending 
                on October 29, 2015, shall be available to 
                provide financial assistance for rural areas 
                under section 5311, of which not less than 
                $30,000,000 for fiscal year 2013, $30,000,000 
                for fiscal year 2014, $30,000,000 for fiscal 
                year 2015, and $2,377,049 for the period 
                beginning on October 1, 2015, and ending on 
                October 29, 2015, shall be available to carry 
                out section 5311(c)(1) and $20,000,000 for 
                fiscal year 2013, $20,000,000 for fiscal year 
                2014, $20,000,000 for fiscal year 2015, and 
                $1,584,699 for the period beginning on October 
                1, 2015, and ending on October 29, 2015, shall 
                be available to carry out section 5311(c)(2);
                  [(F) $3,000,000 for each of fiscal years 2013 
                through 2015 and $237,705 for the period 
                beginning on October 1, 2015, and ending on 
                October 29, 2015, shall be available for bus 
                testing under section 5318;
                  [(G) $5,000,000 for each of fiscal years 2013 
                through 2015 and $396,175 for the period 
                beginning on October 1, 2015, and ending on 
                October 29, 2015, shall be available for the 
                national transit institute under section 
                5322(d);
                  [(H) $3,850,000 for each of fiscal years 2013 
                through 2015 and $305,055 for the period 
                beginning on October 1, 2015, and ending on 
                October 29, 2015, shall be available to carry 
                out section 5335;
                  [(I) $2,136,300,000 for fiscal year 2013, 
                $2,165,900,000 for fiscal year 2014, 
                $2,165,900,000 for fiscal year 2015, and 
                $171,615,027 for the period beginning on 
                October 1, 2015, and ending on October 29, 
                2015, shall be available to carry out section 
                5337;
                  [(J) $422,000,000 for fiscal year 2013, 
                $427,800,000 for fiscal year 2014, $427,800,000 
                for fiscal year 2015, and $33,896,721 for the 
                period beginning on October 1, 2015, and ending 
                on October 29, 2015,shall be available for the 
                bus and bus facilities program under section 
                5339; and
                  [(K) $518,700,000 for fiscal year 2013, 
                $525,900,000 for fiscal year 2014, $525,900,000 
                for fiscal year 2015, and $41,669,672 for the 
                period beginning on October 1, 2015, and ending 
                on October 29, 2015, shall be allocated in 
                accordance with section 5340 to provide 
                financial assistance for urbanized areas under 
                section 5307 and rural areas under section 
                5311.
  [(b) Research, Development Demonstration and Deployment 
Projects.--There are authorized to be appropriated to carry out 
section 5312, $70,000,000 for fiscal year 2013, $70,000,000 for 
fiscal year 2014, $70,000,000 for fiscal year 2015, and 
$5,546,448 for the period beginning on October 1, 2015, and 
ending on October 29, 2015.
  [(c) Transit Cooperative Research Program.--There are 
authorized to be appropriated to carry out section 5313, 
$7,000,000 for fiscal year 2013, $7,000,000 for fiscal year 
2014, $7,000,000 for fiscal year 2015, and $554,645 for the 
period beginning on October 1, 2015, and ending on October 29, 
2015.
  [(d) Technical Assistance and Standards Development.--There 
are authorized to be appropriated to carry out section 5314, 
$7,000,000 for fiscal year 2013, $7,000,000 for fiscal year 
2014, $7,000,000 for fiscal year 2015, and $554,645 for the 
period beginning on October 1, 2015, and ending on October 29, 
2015.
  [(e) Human Resources and Training.--There are authorized to 
be appropriated to carry out subsections (a), (b), (c), and (e) 
of section 5322, $5,000,000 for fiscal year 2013, $5,000,000 
for fiscal year 2014, $5,000,000 for fiscal year 2015, and 
$396,175 for the period beginning on October 1, 2015, and 
ending on October 29, 2015.
  [(f) Emergency Relief Program.--There are authorized to be 
appropriated such sums as are necessary to carry out section 
5324.
  [(g) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309, $1,907,000,000 for 
fiscal year 2013, $1,907,000,000 for fiscal year 2014, 
$1,907,000,000 for fiscal year 2015, and $151,101,093 for the 
period beginning on October 1, 2015, and ending on October 29, 
2015.
  [(h) Administration.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out section 5334, $104,000,000 
        for fiscal year 2013, $104,000,000 for fiscal year 
        2014, $104,000,000 for fiscal year 2015, and $8,240,437 
        for the period beginning on October 1, 2015,
   [and ending on October 29, 2015.
          [(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than 
        $5,000,000 for each of fiscal years 2013 through 2015 
        and not less than $396,175 for the period beginning on 
        October 1, 2015, and ending on October 29, 2015, shall 
        be available to carry out section 5329.
          [(3) Section 5326.--Of the amounts made available 
        under paragraph (2), not less than $1,000,000 for each 
        of fiscal years 2013 through 2015 and not less than 
        $79,235 for the period beginning on October 1, 2015, 
        and ending on October 29, 2015, shall be available to 
        carry out section 5326.
  [(i) 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) 0.75 percent of amounts made available 
                to carry out section 5337(c).
          [(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.
  [(j) 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.
  [(k) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.

[Sec. 5339. Bus and bus facilities formula grants

  [(a) General Authority.--The Secretary may make grants under 
this section to assist eligible recipients described in 
subsection (c)(1) in financing capital projects--
          [(1) to replace, rehabilitate, and purchase buses and 
        related equipment; and
          [(2) to construct bus-related facilities.
  [(b) Grant Requirements.--The requirements of section 5307 
apply to recipients of grants made under this section.
  [(c) Eligible Recipients and Subrecipients.--
          [(1) Recipients.--Eligible recipients under this 
        section are designated recipients that operate fixed 
        route bus service or that allocate funding to fixed 
        route bus operators.
          [(2) Subrecipients.--A designated recipient that 
        receives a grant under this section may allocate 
        amounts of the grant to subrecipients that are public 
        agencies or private nonprofit organizations engaged in 
        public transportation.
  [(d) Distribution of Grant Funds.--Funds allocated under 
section 5338(a)(2)(J) shall be distributed as follows:
          [(1) National distribution.--$65,500,000 for each of 
        fiscal years 2013 through 2015 and $5,189,891 for the 
        period beginning on October 1, 2015, and ending on 
        October 29, 2015, shall be allocated to all States and 
        territories, with each State receiving $1,250,000 for 
        each such fiscal year and $99,044 for such period and 
        each territory receiving $500,000 for each such fiscal 
        year and $39,617 for such period.
          [(2) Distribution using population and service 
        factors.--The remainder of the funds not otherwise 
        distributed under paragraph (1) shall be allocated 
        pursuant to the formula set forth in section 5336 other 
        than subsection (b).
  [(e) Transfers of Apportionments.--
          [(1) Transfer flexibility for national distribution 
        funds.--The Governor of a State may transfer any part 
        of the State's apportionment under subsection (d)(1) to 
        supplement amounts apportioned to the State under 
        section 5311(c) of this title or amounts apportioned to 
        urbanized areas under subsections (a) and (c) of 
        section 5336 of this title.
          [(2) 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 subsection (d)(2) 
        that are not allocated to designated recipients in 
        urbanized areas with a population of 200,000 or more.
  [(f) Government's Share of Costs.--
          [(1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net 
        capital costs of the project. A recipient of a grant 
        under this section may provide additional local 
        matching amounts.
          [(2) Remaining costs.--The remainder of the net 
        project cost shall be provided--
                  [(A) in cash from non-Government sources 
                other than revenues from providing public 
                transportation services;
                  [(B) from revenues derived from the sale of 
                advertising and concessions;
                  [(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital; or
                  [(D) from amounts received under a service 
                agreement with a State or local social service 
                agency or private social service organization.
  [(g) Period of Availability to Recipients.--Amounts made 
available under this section may be obligated by a recipient 
for 3 years after the fiscal year in which the amount is 
apportioned. Not later than 30 days after the end of the 3-year 
period described in the preceding sentence, any amount that is 
not obligated on the last day of that period shall be added to 
the amount that may be apportioned under this section in the 
next fiscal year.
  [(h) Definitions.--For purposes of this section:
          [(1) The term ``State'' means a State of the United 
        States.
          [(2) The term ``territory'' means the District of 
        Columbia, Puerto Rico, the Northern Mariana Islands, 
        Guam, American Samoa, and the United States Virgin 
        Islands.]

Sec. 5338. Authorizations

  (a) Formula Grants.--
          (1) In general.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry 
        out sections 5305, 5307, 5310, 5311, 5314(c), 5318, 
        5335, 5337, 5339, and 5340, and section 20005(b) of the 
        Federal Public Transportation Act of 2012--
                  (A) $8,723,925,000 for fiscal year 2016;
                  (B) $8,879,211,000 for fiscal year 2017;
                  (C) $9,059,459,000 for fiscal year 2018;
                  (D) $9,240,648,000 for fiscal year 2019;
                  (E) $9,429,000,000 for fiscal year 2020; and
                  (F) $9,617,580,000 for fiscal year 2021.
          (2) Allocation of funds.--
                  (A) Section 5305.--Of the amounts made 
                available under paragraph (1), there shall be 
                available to carry out section 5305--
                          (i) $128,800,000 for fiscal year 
                        2016;
                          (ii) $128,800,000 for fiscal year 
                        2017;
                          (iii) $131,415,000 for fiscal year 
                        2018;
                          (iv) $134,043,000 for fiscal year 
                        2019;
                          (v) $136,775,000 for fiscal year 
                        2020; and
                          (vi) $139,511,000 for fiscal year 
                        2021.
                  (B) Pilot program.--$10,000,000 for each of 
                fiscal years 2016 through 2021, shall be 
                available to carry out section 20005(b) of the 
                Federal Public Transportation Act of 2012;
                  (C) Section 5307.--Of the amounts made 
                available under paragraph (1), there shall be 
                allocated in accordance with section 5336 to 
                provide financial assistance for urbanized 
                areas under section 5307--
                          (i) $4,458,650,000 for fiscal year 
                        2016;
                          (ii) $4,458,650,000 for fiscal year 
                        2017;
                          (iii) $4,549,161,000 for fiscal year 
                        2018;
                          (iv) $4,640,144,000 for fiscal year 
                        2019;
                          (v) $4,734,724,000 for fiscal year 
                        2020; and
                          (vi) $4,829,418,000 for fiscal year 
                        2021.
                  (D) Section 5310.--Of the amounts made 
                available under paragraph (1), there shall be 
                available to provide financial assistance for 
                services for the enhanced mobility of seniors 
                and individuals with disabilities under section 
                5310--
                          (i) $262,175,000 for fiscal year 
                        2016;
                          (ii) $266,841,000 for fiscal year 
                        2017;
                          (iii) $272,258,000 for fiscal year 
                        2018;
                          (iv) $277,703,000 for fiscal year 
                        2019;
                          (v) $283,364,000 for fiscal year 
                        2020; and
                          (vi) $289,031,000 for fiscal year 
                        2021.
                  (E) Section 5311.--
                          (i) In general.--Of the amounts made 
                        available under paragraph (1), there 
                        shall be available to provide financial 
                        assistance for rural areas under 
                        section 5311--
                                  (I) $607,800,000 for fiscal 
                                year 2016;
                                  (II) $607,800,000 for fiscal 
                                year 2017;
                                  (III) $620,138,000 for fiscal 
                                year 2018;
                                  (IV) $632,541,000 for fiscal 
                                year 2019;
                                  (V) $645,434,000 for fiscal 
                                year 2020; and
                                  (VI) $658,343,000 for fiscal 
                                year 2021.
                          (ii) Suballocation.--Of the amounts 
                        made available under clause (i)--
                                  (I) there shall be available 
                                to carry out section 5311(c)(1) 
                                not less than $30,000,000 for 
                                each of fiscal years 2016 
                                through 2021; and
                                  (II) there shall be available 
                                to carry out section 5311(c)(2) 
                                not less than $20,000,000 for 
                                each of fiscal years 2016 
                                through 2021.
                  (F) Section 5314(c).--Of the amounts made 
                available under paragraph (1), there shall be 
                available for the national transit institute 
                under section 5314(c) $5,000,000 for each of 
                fiscal years 2016 through 2021.
                  (G) Section 5318.--Of the amounts made 
                available under paragraph (1), there shall be 
                available for bus testing under section 5318 
                $3,000,000 for each of fiscal years 2016 
                through 2021.
                  (H) Section 5335.--Of the amounts made 
                available under paragraph (1), there shall be 
                available to carry out section 5335 $3,850,000 
                for each of fiscal years 2016 through 2021.
                  (I) Section 5337.--Of the amounts made 
                available under paragraph (1), there shall be 
                available to carry out section 5337--
                          (i) $2,198,389,000 for fiscal year 
                        2016;
                          (ii) $2,237,520,000 for fiscal year 
                        2017;
                          (iii) $2,282,941,000 for fiscal year 
                        2018;
                          (iv) $2,328,600,000 for fiscal year 
                        2019;
                          (v) $2,376,064,000 for fiscal year 
                        2020; and
                          (vi) $2,423,585,000 for fiscal year 
                        2021.
                  (J) Section 5339(c).--Of the amounts made 
                available under paragraph (1), there shall be 
                available for bus and bus facilities programs 
                under section 5339(c)--
                          (i) $430,000,000 for fiscal year 
                        2016;
                          (ii) $431,850,000 for fiscal year 
                        2017;
                          (iii) $445,120,000 for fiscal year 
                        2018;
                          (iv) $458,459,000 for fiscal year 
                        2019;
                          (v) $472,326,000 for fiscal year 
                        2020; and
                          (vi) $486,210,000 for fiscal year 
                        2021.
                  (K) Section 5339(d).--Of the amounts made 
                available under paragraph (1), there shall be 
                available for bus and bus facilities 
                competitive grants under 5339(d)--
                          (i) $90,000,000 for fiscal year 2016; 
                        and
                          (ii) $200,000,000 for each of fiscal 
                        years 2017 through 2021.
                  (L) Section 5340.--Of the amounts made 
                available under paragraph (1), there shall be 
                allocated in accordance with section 5340 to 
                provide financial assistance for urbanized 
                areas under section 5307 and rural areas under 
                section 5311--
                          (i) $525,900,000 for fiscal year 
                        2016;
                          (ii) $525,900,000 for fiscal year 
                        2017;
                          (iii) $536,576,000 for fiscal year 
                        2018;
                          (iv) $547,307,000 for fiscal year 
                        2019;
                          (v) $558,463,000 for fiscal year 
                        2020; and
                          (vi) $569,632,000 for fiscal year 
                        2021.
  (b) Research, Development Demonstration and Deployment 
Projects.--There are authorized to be appropriated to carry out 
section 5312--
          (1) $33,495,000 for fiscal year 2016;
          (2) $34,091,000 for fiscal year 2017;
          (3) $34,783,000 for fiscal year 2018;
          (4) $35,479,000 for fiscal year 2019;
          (5) $36,202,000 for fiscal year 2020; and
          (6) $36,926,000 for fiscal year 2021.
  (c) Technical Assistance, Standards, and Workforce 
Development.--There are authorized to be appropriated to carry 
out section 5314--
          (1) $6,156,000 for fiscal year 2016;
          (2) $8,152,000 for fiscal year 2017;
          (3) $10,468,000 for fiscal year 2018;
          (4) $12,796,000 for fiscal year 2019;
          (5) $15,216,000 for fiscal year 2020; and
          (6) $17,639,000 for fiscal year 2021.
  (d) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309--
          (1) $2,029,000,000 for fiscal year 2016;
          (2) $2,065,000,000 for fiscal year 2017;
          (3) $2,106,000,000 for fiscal year 2018;
          (4) $2,149,000,000 for fiscal year 2019;
          (5) $2,193,000,000 for fiscal year 2020; and
          (6) $2,237,000,000 for fiscal year 2021.
  (e) Administration.--
          (1) In general.--There are authorized to be 
        appropriated to carry out section 5334, $105,933,000 
        for fiscal years 2016 through 2021.
          (2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than 
        $4,500,000 for each of fiscal years 2016 through 2021 
        shall be available to carry out section 5329.
          (3) Section 5326.--Of the amounts made available 
        under paragraph (1), not less than $1,000,000 for each 
        of fiscal years 2016 through 2021 shall be available to 
        carry out section 5326.
  (f) Period of Availability.--Amounts made available by or 
appropriated under this section shall remain available for 
obligation for a period of 3 years after the last day of the 
fiscal year for which the funds are authorized.
  (g) Grants as Contractual Obligations.--
          (1) Grants financed from highway trust fund.--A grant 
        or contract that is approved by the Secretary and 
        financed with amounts made available from the Mass 
        Transit Account of the Highway Trust Fund pursuant to 
        this section is a contractual obligation of the 
        Government to pay the Government share of the cost of 
        the project.
          (2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed 
        with amounts appropriated in advance from the general 
        fund of the Treasury pursuant to this section is a 
        contractual obligation of the Government to pay the 
        Government share of the cost of the project only to the 
        extent that amounts are appropriated for such purpose 
        by an Act of Congress.
  (h) Oversight.--
          (1) In general.--Of the amounts made available to 
        carry out this chapter for a fiscal year, the Secretary 
        may use not more than the following amounts for the 
        activities described in paragraph (2):
                  (A) 0.5 percent of amounts made available to 
                carry out section 5305.
                  (B) 0.75 percent of amounts made available to 
                carry out section 5307.
                  (C) 1 percent of amounts made available to 
                carry out section 5309.
                  (D) 1 percent of amounts made available to 
                carry out section 601 of the Passenger Rail 
                Investment and Improvement Act of 2008 (Public 
                Law 110-432; 122 Stat. 4968).
                  (E) 0.5 percent of amounts made available to 
                carry out section 5310.
                  (F) 0.5 percent of amounts made available to 
                carry out section 5311.
                  (G) 0.75 percent of amounts made available to 
                carry out section 5337(c), of which not less 
                than 0.25 percent shall be available to carry 
                out section 5329.
                  (H) 0.75 percent of amounts made available to 
                carry out section 5339.
          (2) Activities.--The activities described in this 
        paragraph are as follows:
                  (A) Activities to oversee the construction of 
                a major capital project.
                  (B) Activities to review and audit the safety 
                and security, procurement, management, and 
                financial compliance of a recipient or 
                subrecipient of funds under this chapter.
                  (C) Activities to provide technical 
                assistance generally, and to provide technical 
                assistance to correct deficiencies identified 
                in compliance reviews and audits carried out 
                under this section.
          (3) Government share of costs.--The Government shall 
        pay the entire cost of carrying out a contract under 
        this subsection.
          (4) Availability of certain funds.--Funds made 
        available under paragraph (1)(C) shall be available to 
        the Secretary before allocating the funds appropriated 
        to carry out any project under a full funding grant 
        agreement.

Sec. 5339. Bus and bus facility grants

  (a) General Authority.--The Secretary may make grants under 
this section to assist eligible recipients described in 
subsection (b)(1) in financing capital projects--
          (1) to replace, rehabilitate, and purchase buses and 
        related equipment; and
          (2) to construct bus-related facilities.
  (b) Eligible Recipients and Subrecipients.--
          (1) Recipients.--Eligible recipients under this 
        section are designated recipients that operate fixed 
        route bus service or that allocate funding to fixed 
        route bus operators.
          (2) Subrecipients.--A designated recipient that 
        receives a grant under this section may allocate 
        amounts of the grant to subrecipients that are public 
        agencies or private nonprofit organizations engaged in 
        public transportation.
  (c) Formula Grant Distribution of Funds.--
          (1) In general.--Funds made available for making 
        grants under this subsection shall be distributed as 
        follows:
                  (A) National distribution.--$65,500,000 for 
                each of fiscal years 2016 through 2021 shall be 
                allocated to all States and territories, with 
                each State receiving $1,250,000, and each 
                territory receiving $500,000, for each such 
                fiscal year.
                  (B) Distribution using population and service 
                factors.--The remainder of the funds not 
                otherwise distributed under paragraph (1) shall 
                be allocated pursuant to the formula set forth 
                in section 5336 (other than subsection (b) of 
                that section).
          (2) Transfers of apportionments.--
                  (A) Transfer flexibility for national 
                distribution funds.--The Governor of a State 
                may transfer any part of the State's 
                apportionment under subparagraph (A) to 
                supplement--
                          (i) amounts apportioned to the State 
                        under section 5311(c); or
                          (ii) amounts apportioned to urbanized 
                        areas under subsections (a) and (c) of 
                        section 5336.
                  (B) Transfer flexibility for population and 
                service factors funds.--The Governor of a State 
                may expend in an urbanized area with a 
                population of less than 200,000 any amounts 
                apportioned under paragraph (1)(B) that are not 
                allocated to designated recipients in urbanized 
                areas with a population of 200,000 or more.
          (3) Period of availability to recipients.--
                  (A) In general.--Amounts made available under 
                this subsection may be obligated by a recipient 
                for 3 years after the fiscal year in which the 
                amount is apportioned.
                  (B) Reapportionment of unobligated amounts.--
                Not later than 30 days after the end of the 3-
                year period described in subparagraph (A), any 
                amount that is not obligated on the last day of 
                that period shall be added to the amount that 
                may be apportioned under this subsection in the 
                next fiscal year.
          (4) Pilot program for cost-effective capital 
        investment.--
                  (A) In general.--For each of fiscal years 
                2016 through 2021, the Secretary shall carry 
                out a pilot program under which an eligible 
                designated recipient (as described in 
                subsection (c)(1)) in an urbanized area with 
                population of not less than 200,000 and not 
                more than 999,999 may elect to participate in a 
                State pool in accordance with this paragraph.
                  (B) Purpose of state pools.--The purpose of a 
                State pool shall be to allow for transfers of 
                formula grant funds made available under this 
                subsection among the designated recipients 
                participating in the State pool in a manner 
                that supports the transit asset management 
                plans of the designated recipients under 
                section 5326.
                  (C) Requests for participation.--A State, and 
                designated recipients in the State described in 
                subparagraph (A), may submit to the Secretary a 
                request for participation in the program under 
                procedures to be established by the Secretary. 
                A designated recipient for a multistate area 
                may participate in only 1 State pool.
                  (D) Allocations to participating states.--For 
                each fiscal year, the Secretary shall allocate 
                to each State participating in the program the 
                total amount of funds that otherwise would be 
                allocated to the urbanized areas of the 
                designated recipients participating in the 
                State's pool for that fiscal year pursuant to 
                the formula referred to in paragraph (1).
                  (E) Allocations to designated recipients in 
                state pools.--A State shall distribute the 
                amount that is allocated to the State for a 
                fiscal year under subparagraph (D) among the 
                designated recipients participating in the 
                State's pool in a manner that supports the 
                transit asset management plans of the 
                recipients under section 5326.
                  (F) Allocation plans.--A State participating 
                in the program shall develop an allocation plan 
                for the period of fiscal years 2016 through 
                2021 to ensure that a designated recipient 
                participating in the State's pool receives 
                under the program an amount of funds that 
                equals the amount of funds that would have 
                otherwise been available to the designated 
                recipient for that period pursuant to the 
                formula referred to in paragraph (1).
                  (G) Grants.--The Secretary shall make grants 
                under this subsection for a fiscal year to a 
                designated recipient participating in a State 
                pool following notification by the State of the 
                allocation amount determined under subparagraph 
                (E).
  (d) Competitive Grants for Bus State of Good Repair.--
          (1) In general.--The Secretary may make grants under 
        this subsection to eligible recipients described in 
        subsection (b)(1) to assist in financing capital 
        projects described in subsection (a).
          (2) Grant considerations.--In making grants under 
        this subsection, the Secretary shall consider the age 
        and condition of buses, bus fleets, related equipment, 
        and bus-related facilities of an eligible recipient.
          (3) Statewide applications.--A State may submit a 
        statewide application on behalf of a public agency or 
        private nonprofit organization engaged in public 
        transportation in rural areas or other areas for which 
        the State allocates funds. The submission of a 
        statewide application shall not preclude the submission 
        and consideration of any application under this 
        subsection from other eligible recipients in an 
        urbanized area in a State.
          (4) Requirements for secretary.--The Secretary 
        shall--
                  (A) disclose all metrics and evaluation 
                procedures to be used in considering grant 
                applications under this subsection upon 
                issuance of the notice of funding availability 
                in the Federal Register; and
                  (B) publish a summary of final scores for 
                selected projects, metrics, and other 
                evaluations used in awarding grants under this 
                subsection in the Federal Register.
          (5) Availability of funds.--Any amounts made 
        available to carry out this subsection--
                  (A) shall remain available for 2 fiscal years 
                after the fiscal year for which the amount is 
                made available; and
                  (B) following the period of availability 
                shall be made available to be apportioned under 
                subsection (c) for the following fiscal year.
          (6) Limitation.--Of the amounts made available under 
        this subsection, not more than 15 percent in fiscal 
        year 2016 and not more than 5 percent in each of fiscal 
        years 2017 through 2021 may be awarded to a single 
        recipient.
          (7) Grant flexibility.--If the Secretary determines 
        that there are not sufficient grant applications that 
        meet the metrics described in paragraph (4)(A) to 
        utilize the full amount of funds made available to 
        carry out this subsection for a fiscal year, the 
        Secretary may use the remainder of the funds for making 
        apportionments under sections 5307 and 5311.
  (e) Generally Applicable Provisions.--
          (1) Grant requirements.--A grant under this section 
        shall be subject to the requirements of--
                  (A) section 5307 for recipients of grants 
                made in urbanized areas; and
                  (B) section 5311 for recipients of grants 
                made in rural areas.
          (2) Government's share of costs.--
                  (A) Capital projects.--A grant for a capital 
                project under this section shall be for 80 
                percent of the net capital costs of the 
                project. A recipient of a grant under this 
                section may provide additional local matching 
                amounts.
                  (B) Remaining costs.--The remainder of the 
                net project cost shall be provided--
                          (i) in cash from non-Government 
                        sources other than revenues from 
                        providing public transportation 
                        services;
                          (ii) from revenues derived from the 
                        sale of advertising and concessions;
                          (iii) from an undistributed cash 
                        surplus, a replacement or depreciation 
                        cash fund or reserve, or new capital; 
                        or
                          (iv) from amounts received under a 
                        service agreement with a State or local 
                        social service agency or private social 
                        service organization.
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) State.--The term ``State'' means a State of the 
        United States.
          (2) Territory.--The term ``territory'' means the 
        District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, Guam, American Samoa, and the United States 
        Virgin Islands.

           *       *       *       *       *       *       *


                 CHAPTER 55--INTERMODAL TRANSPORTATION

                          SUBCHAPTER I--GENERAL

Sec.
5501. National Intermodal Transportation System policy.
     * * * * * * *
[5503. Office of Intermodalism.]
     * * * * * * *

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


[Sec. 5503. Office of Intermodalism

  [(a) Establishment.--There is established in the Research 
Office of the Assistant Secretary for Research and Technology 
of the Department of Transportation an Office of Intermodalism.
  [(b) Director.--The head of the Office is a Director who 
shall be appointed by the Secretary.
  [(c) Duties and Powers.--The Director shall carry out the 
duties of the Secretary described in section 301(3) of this 
title.
  [(d) Research.--The Director shall--
          [(1) coordinate United States Government research on 
        intermodal transportation as provided in the plan 
        developed under section 6009(b) of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (Public 
        Law 102-240, 105 Stat. 2177); and
          [(2) carry out additional research needs identified 
        by the Director.
  [(e) Technical Assistance.--The Director shall provide 
technical assistance to States and to metropolitan planning 
organizations for urban areas having a population of at least 
1,000,000 in collecting data related to intermodal 
transportation to facilitate the collection of the data by 
States and metropolitan planning organizations. Amounts 
reserved under section 5504(d) not awarded to States as grants 
may be used by the Director to provide technical assistance 
under this subsection.
  [(f) National Intermodal System Improvement Plan.--
          [(1) In general.--The Director, in consultation with 
        the advisory board established under section 5502 and 
        other public and private transportation interests, 
        shall develop a plan to improve the national intermodal 
        transportation system. The plan shall include--
                  [(A) an assessment and forecast of the 
                national intermodal transportation system's 
                impact on mobility, safety, energy consumption, 
                the environment, technology, international 
                trade, economic activity, and quality of life 
                in the United States;
                  [(B) an assessment of the operational and 
                economic attributes of each passenger and 
                freight mode of transportation and the optimal 
                role of each mode in the national intermodal 
                transportation system;
                  [(C) a description of recommended intermodal 
                and multimodal research and development 
                projects;
                  [(D) a description of emerging trends that 
                have an impact on the national intermodal 
                transportation system;
                  [(E) recommendations for improving intermodal 
                policy, transportation decision-making, and 
                financing to maximize mobility and the return 
                on investment of Federal spending on 
                transportation;
                  [(F) an estimate of the impact of current 
                Federal and State transportation policy on the 
                national intermodal transportation system; and
                  [(G) specific near and long-term goals for 
                the national intermodal transportation system.
          [(2) Progress reports.--The Director shall submit an 
        initial report on the plan to improve the national 
        intermodal transportation system 2 years after the date 
        of enactment of the Motor Carrier Safety 
        Reauthorization Act of 2005, and a follow-up report 2 
        years after that, to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives. The progress report shall--
                  [(A) describe progress made toward achieving 
                the plan's goals;
                  [(B) describe challenges and obstacles to 
                achieving the plan's goals;
                  [(C) update the plan to reflect changed 
                circumstances or new developments; and
                  [(D) make policy and legislative 
                recommendations the Director believes are 
                necessary and appropriate to achieve the goals 
                of the plan.
          [(3) Plan development funding.--Such sums as may be 
        necessary from the administrative expenses of the 
        Research and Innovative Technology Administration shall 
        be reserved by the Secretary of Transportation each 
        year for the purpose of completing and updating the 
        plan to improve the national intermodal transportation 
        plan.
  [(g) Impact Measurement Methodology; Impact Review.--The 
Director and the Director of the Bureau of Transportation 
Statistics shall jointly--
          [(1) develop, in consultation with the modal 
        administrations, and State and local planning 
        organizations, common measures to compare 
        transportation investment decisions across the various 
        modes of transportation; and
          [(2) formulate a methodology for measuring the impact 
        of intermodal transportation on--
                  [(A) the environment;
                  [(B) public health and welfare;
                  [(C) energy consumption;
                  [(D) the operation and efficiency of the 
                transportation system;
                  [(E) congestion, including congestion at the 
                Nation's ports; and
                  [(F) the economy and employment.
  [(h) Administrative and Clerical Support.--The Director shall 
provide administrative and clerical support to the Intermodal 
Transportation Advisory Board.
  [(i) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of Transportation such sums as 
may be necessary for fiscal years 2006 through 2009 to carry 
out this chapter.]

           *       *       *       *       *       *       *


[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 nonprofit institution 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 nonprofit institution of higher 
        education or the lead institution of a consortium of 
        nonprofit institutions of higher education, as 
        applicable, that receives a grant for a national 
        transportation center or a regional transportation 
        center in a fiscal year shall not be eligible to 
        receive as a lead institution or member of a consortium 
        an additional grant in that fiscal year for a national 
        transportation center or a regional transportation 
        center.
          [(3) Coordination.--The Secretary shall solicit grant 
        applications for national transportation centers, 
        regional transportation centers, and Tier 1 university 
        transportation centers with identical advertisement 
        schedules and deadlines.
          [(4) General selection criteria.--
                  [(A) In general.--Except as otherwise 
                provided by this section, the Secretary shall 
                award grants under this section in nonexclusive 
                candidate topic areas established by the 
                Secretary that address the research priorities 
                identified in section 503 of title 23.
                  [(B) Criteria.--The Secretary, in 
                consultation as appropriate with the 
                Administrators of the Federal Highway 
                Administration and the Federal Transit 
                Administration, shall select each recipient of 
                a grant under this section through a 
                competitive process based on the assessment of 
                the Secretary relating to--
                          [(i) the demonstrated ability of the 
                        recipient to address each specific 
                        topic area described in the research 
                        and strategic plans of the recipient;
                          [(ii) the demonstrated research, 
                        technology transfer, and education 
                        resources available to the recipient to 
                        carry out this section;
                          [(iii) the ability of the recipient 
                        to provide leadership in solving 
                        immediate and long-range national and 
                        regional transportation problems;
                          [(iv) the ability of the recipient to 
                        carry out research, education, and 
                        technology transfer activities that are 
                        multimodal and multidisciplinary in 
                        scope;
                          [(v) the demonstrated commitment of 
                        the recipient to carry out 
                        transportation workforce development 
                        programs through--
                                  [(I) degree-granting 
                                programs; and
                                  [(II) outreach activities to 
                                attract new entrants into the 
                                transportation field;
                          [(vi) the demonstrated ability of the 
                        recipient to disseminate results and 
                        spur the implementation of 
                        transportation research and education 
                        programs through national or statewide 
                        continuing education programs;
                          [(vii) the demonstrated commitment of 
                        the recipient to the use of peer review 
                        principles and other research best 
                        practices in the selection, management, 
                        and dissemination of research projects;
                          [(viii) the strategic plan submitted 
                        by the recipient describing the 
                        proposed research to be carried out by 
                        the recipient and the performance 
                        metrics to be used in assessing the 
                        performance of the recipient in meeting 
                        the stated research, technology 
                        transfer, education, and outreach 
                        goals; and
                          [(ix) the ability of the recipient to 
                        implement the proposed program in a 
                        cost-efficient manner, such as through 
                        cost sharing and overall reduced 
                        overhead, facilities, and 
                        administrative costs.
          [(5) Transparency.--
                  [(A) In general.--The Secretary shall provide 
                to each applicant, upon request, any materials, 
                including copies of reviews (with any 
                information that would identify a reviewer 
                redacted), used in the evaluation process of 
                the proposal of the applicant.
                  [(B) Reports.--The Secretary shall submit to 
                the Committees on Transportation and 
                Infrastructure and Science, Space, and 
                Technology of the House of Representatives and 
                the Committee on Environment and Public Works 
                of the Senate a report describing the overall 
                review process under paragraph (3) that 
                includes--
                          [(i) specific criteria of evaluation 
                        used in the review;
                          [(ii) descriptions of the review 
                        process; and
                          [(iii) explanations of the selected 
                        awards.
          [(6) Outside stakeholders.--The Secretary shall, to 
        the maximum extent practicable, consult external 
        stakeholders such as the Transportation Research Board 
        of the National Academy of Sciences to evaluate and 
        competitively review all proposals.
  [(c) Grants.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the Transportation Research and 
        Innovative Technology Act of 2012, the Secretary, in 
        consultation as appropriate with the Administrators of 
        the Federal Highway Administration and the Federal 
        Transit Administration, shall select grant recipients 
        under subsection (b) and make grant amounts available 
        to the selected recipients.
          [(2) National transportation centers.--
                  [(A) In general.--Subject to subparagraph 
                (B), the Secretary shall provide grants to 5 
                recipients that the Secretary determines best 
                meet the criteria described in subsection 
                (b)(3).
                  [(B) Restrictions.--
                          [(i) In general.--For each fiscal 
                        year, a grant made available under this 
                        paragraph shall be $3,000,000 per 
                        recipient.
                          [(ii) Focused research.--The grant 
                        recipients under this paragraph shall 
                        focus research on national 
                        transportation issues, as determined by 
                        the Secretary.
                  [(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 section 504(b) or 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 recipients on the 
                basis of--
                          [(i) the criteria described in 
                        subsection (b)(3);
                          [(ii) the location of the center 
                        within the Federal region to be served; 
                        and
                          [(iii) whether the institution (or, 
                        in the case of consortium of 
                        institutions, the lead institution) 
                        demonstrates that the institution 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 shall 
                be $2,750,000 for each 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 the clause (i) may 
                        include amounts made available to the 
                        recipient under section 504(b) or 505 
                        of title 23.
                  [(E) Focused research.--The Secretary shall 
                make a grant to 1 of the 10 regional university 
                transportation centers established under this 
                paragraph for the purpose of furthering the 
                objectives described in subsection (a)(2) in 
                the field of comprehensive transportation 
                safety.
          [(4) Tier 1 university transportation centers.--
                  [(A) In general.--The Secretary shall provide 
                grants of $1,500,000 each to not more than 20 
                recipients to carry out this paragraph.
                  [(B) Restriction.--A lead institution of a 
                consortium that receives a grant under 
                paragraph (2) or (3) shall not be eligible to 
                receive a grant under this paragraph.
                  [(C) Matching requirement.--
                          [(i) In general.--Subject to clause 
                        (iii), 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 section 504(b) or 505 of title 
                        23.
                          [(iii) Exemption.--This subparagraph 
                        shall not apply on a demonstration of 
                        financial hardship by the applicant 
                        institution.
                  [(D) Focused research.--In awarding grants 
                under this paragraph, 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 an 
                information clearinghouse.
          [(2) Annual review and evaluation.--Not less 
        frequently than annually, and consistent with the plan 
        developed under section 508 of title 23, the Secretary 
        shall--
                  [(A) review and evaluate the programs carried 
                out under this section by grant recipients; and
                  [(B) submit to the Committees on 
                Transportation and Infrastructure and Science, 
                Space, and Technology of the House of 
                Representatives and the Committee on 
                Environment and Public Works of the Senate a 
                report describing that review and evaluation.
          [(3) Program evaluation and oversight.--For each of 
        fiscal years 2013 and 2014, the Secretary shall expend 
        not more than 1 \1/ 2\ 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 appropriated.
  [(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. 5505. University transportation centers program

  (a) University Transportation Centers Program.--
          (1) Establishment and operation.--The Secretary shall 
        make grants under this section to eligible nonprofit 
        institutions of higher education to establish and 
        operate university transportation centers.
          (2) Role of centers.--The role of each university 
        transportation center referred to in paragraph (1) 
        shall be--
                  (A) to advance transportation expertise and 
                technology in the varied disciplines that 
                comprise the field of transportation through 
                education, research, and technology transfer 
                activities;
                  (B) to provide for a critical transportation 
                knowledge base outside of the Department of 
                Transportation; and
                  (C) to address critical workforce needs and 
                educate the next generation of transportation 
                leaders.
  (b) Competitive Selection Process.--
          (1) Applications.--To receive a grant under this 
        section, a consortium of nonprofit institutions of 
        higher education shall submit to the Secretary an 
        application that is in such form and contains such 
        information as the Secretary may require.
          (2) Limitation.--A lead institution of a consortium 
        of nonprofit institutions of higher education, as 
        applicable, may only submit 1 grant application per 
        fiscal year for each of the transportation centers 
        described under paragraphs (2), (3), and (4) of 
        subsection (c).
          (3) Coordination.--The Secretary shall solicit grant 
        applications for national transportation centers, 
        regional transportation centers, and Tier 1 university 
        transportation centers with identical advertisement 
        schedules and deadlines.
          (4) General selection criteria.--
                  (A) In general.--Except as otherwise provided 
                by this section, the Secretary shall award 
                grants under this section in nonexclusive 
                candidate topic areas established by the 
                Secretary that address the research priorities 
                identified in section 503 of title 23.
                  (B) Criteria.--The Secretary, in consultation 
                with the Assistant Secretary for Research and 
                Technology and the Administrator of the Federal 
                Highway Administration, shall select each 
                recipient of a grant under this section through 
                a competitive process based on the assessment 
                of the Secretary relating to--
                          (i) the demonstrated ability of the 
                        recipient to address each specific 
                        topic area described in the research 
                        and strategic plans of the recipient;
                          (ii) the demonstrated research, 
                        technology transfer, and education 
                        resources available to the recipient to 
                        carry out this section;
                          (iii) the ability of the recipient to 
                        provide leadership in solving immediate 
                        and long-range national and regional 
                        transportation problems;
                          (iv) the ability of the recipient to 
                        carry out research, education, and 
                        technology transfer activities that are 
                        multimodal and multidisciplinary in 
                        scope;
                          (v) the demonstrated commitment of 
                        the recipient to carry out 
                        transportation workforce development 
                        programs through--
                                  (I) degree-granting programs 
                                or programs that provide other 
                                industry-recognized 
                                credentials; and
                                  (II) outreach activities to 
                                attract new entrants into the 
                                transportation field, including 
                                women and underrepresented 
                                populations;
                          (vi) the demonstrated ability of the 
                        recipient to disseminate results and 
                        spur the implementation of 
                        transportation research and education 
                        programs through national or statewide 
                        continuing education programs;
                          (vii) the demonstrated commitment of 
                        the recipient to the use of peer review 
                        principles and other research best 
                        practices in the selection, management, 
                        and dissemination of research projects;
                          (viii) the strategic plan submitted 
                        by the recipient describing the 
                        proposed research to be carried out by 
                        the recipient and the performance 
                        metrics to be used in assessing the 
                        performance of the recipient in meeting 
                        the stated research, technology 
                        transfer, education, and outreach 
                        goals; and
                          (ix) the ability of the recipient to 
                        implement the proposed program in a 
                        cost-efficient manner, such as through 
                        cost sharing and overall reduced 
                        overhead, facilities, and 
                        administrative costs.
          (5) Transparency.--
                  (A) In general.--The Secretary shall provide 
                to each applicant, upon request, any materials, 
                including copies of reviews (with any 
                information that would identify a reviewer 
                redacted), used in the evaluation process of 
                the proposal of the applicant.
                  (B) Reports.--The Secretary shall submit to 
                the Committees on Transportation and 
                Infrastructure and Science, Space, and 
                Technology of the House of Representatives and 
                the Committee on Environment and Public Works 
                of the Senate a report describing the overall 
                review process under paragraph (3) that 
                includes--
                          (i) specific criteria of evaluation 
                        used in the review;
                          (ii) descriptions of the review 
                        process; and
                          (iii) explanations of the selected 
                        awards.
          (6) Outside stakeholders.--The Secretary shall, to 
        the maximum extent practicable, consult external 
        stakeholders such as the Transportation Research Board 
        of the National Research Council of the National 
        Academies to evaluate and competitively review all 
        proposals.
  (c) Grants.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this section, the Secretary, Assistant 
        Secretary for Research and Technology, and the 
        Administrator of the Federal Highway Administration 
        shall select grant recipients under subsection (b) and 
        make grant amounts available to the selected 
        recipients.
          (2) National transportation centers.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary shall provide grants to 5 
                consortia that the Secretary determines best 
                meet the criteria described in subsection 
                (b)(4).
                  (B) Restrictions.--
                          (i) In general.--For each fiscal 
                        year, a grant made available under this 
                        paragraph shall be not greater than 
                        $4,000,000 and not less than $2,000,000 
                        per recipient.
                          (ii) Focused research.--A consortium 
                        receiving a grant under this paragraph 
                        shall focus research on 1 of the 
                        transportation issue areas specified in 
                        section 508(a)(2) of title 23.
                  (C) Matching requirement.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match 100 
                        percent of the amounts made available 
                        under the grant.
                          (ii) Sources.--The matching amounts 
                        referred to in clause (i) may include 
                        amounts made available to the recipient 
                        under--
                                  (I) section 504(b) of title 
                                23; or
                                  (II) section 505 of title 23.
          (3) Regional university transportation centers.--
                  (A) Location of regional centers.--One 
                regional university transportation center shall 
                be located in each of the 10 Federal regions 
                that comprise the Standard Federal Regions 
                established by the Office of Management and 
                Budget in the document entitled ``Standard 
                Federal Regions'' and dated April 1974 
                (circular A-105).
                  (B) Selection criteria.--In conducting a 
                competition under subsection (b), the Secretary 
                shall provide grants to 10 consortia on the 
                basis of--
                          (i) the criteria described in 
                        subsection (b)(4);
                          (ii) the location of the lead center 
                        within the Federal region to be served; 
                        and
                          (iii) whether the consortium of 
                        institutions demonstrates that the 
                        consortium has a well-established, 
                        nationally recognized program in 
                        transportation research and education, 
                        as evidenced by--
                                  (I) recent expenditures by 
                                the institution in highway or 
                                public transportation research;
                                  (II) a historical track 
                                record of awarding graduate 
                                degrees in professional fields 
                                closely related to highways and 
                                public transportation; and
                                  (III) an experienced faculty 
                                who specialize in professional 
                                fields closely related to 
                                highways and public 
                                transportation.
                  (C) Restrictions.--For each fiscal year, a 
                grant made available under this paragraph shall 
                be not greater than $3,000,000 and not less 
                than $1,500,000 per recipient.
                  (D) Matching requirements.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match 100 
                        percent of the amounts made available 
                        under the grant.
                          (ii) Sources.--The matching amounts 
                        referred to in clause (i) may include 
                        amounts made available to the recipient 
                        under--
                                  (I) section 504(b) of title 
                                23; or
                                  (II) section 505 of title 23.
                  (E) Focused research.--The Secretary shall 
                make a grant to 1 of the 10 regional university 
                transportation centers established under this 
                paragraph for the purpose of furthering the 
                objectives described in subsection (a)(2) in 
                the field of comprehensive transportation 
                safety.
          (4) Tier 1 university transportation centers.--
                  (A) In general.--The Secretary shall provide 
                grants of not greater than $2,000,000 and not 
                less than $1,000,000 to not more than 20 
                recipients to carry out this paragraph.
                  (B) Matching requirement.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match 50 
                        percent of the amounts made available 
                        under the grant.
                          (ii) Sources.--The matching amounts 
                        referred to in clause (i) may include 
                        amounts made available to the recipient 
                        under--
                                  (I) section 504(b) of title 
                                23; or
                                  (II) section 505 of title 23.
                  (C) Focused research.--In awarding grants 
                under this section, consideration shall be 
                given to minority institutions, as defined by 
                section 365 of the Higher Education Act of 1965 
                (20 U.S.C. 1067k), or consortia that include 
                such institutions that have demonstrated an 
                ability in transportation-related research.
  (d) Program Coordination.--
          (1) In general.--The Secretary shall--
                  (A) coordinate the research, education, and 
                technology transfer activities carried out by 
                grant recipients under this section; and
                  (B) disseminate the results of that research 
                through the establishment and operation of a 
                publicly accessible online information 
                clearinghouse.
          (2) Annual review and evaluation.--Not less 
        frequently than annually, and consistent with the plan 
        developed under section 508 of title 23, the Secretary 
        shall--
                  (A) review and evaluate the programs carried 
                out under this section by grant recipients; and
                  (B) submit to the Committees on 
                Transportation and Infrastructure and Science, 
                Space, and Technology of the House of 
                Representatives and the Committee on 
                Environment and Public Works of the Senate a 
                report describing that review and evaluation.
          (3) Program evaluation and oversight.--For each of 
        fiscal years 2016 through 2021, the Secretary shall 
        expend not more than 1 and a half percent of the 
        amounts made available to the Secretary to carry out 
        this section for any coordination, evaluation, and 
        oversight activities of the Secretary under this 
        section.
  (e) Limitation on Availability of Amounts.--Amounts made 
available to the Secretary to carry out this section shall 
remain available for obligation by the Secretary for a period 
of 3 years after the last day of the fiscal year for which the 
amounts are authorized.
  (f) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to 
carry out reporting requirements relating to any program 
assessment or evaluation activity under this section, including 
customer satisfaction assessments, shall not be subject to 
chapter 35 of title 44.

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CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

           *       *       *       *       *       *       *


Sec. 6302. Bureau of Transportation Statistics

  [(a) Establishment.--There is established in the Office of 
the Assistant Secretary for Research and Technology of the 
Department of Transportation the Bureau of Transportation 
Statistics.]
  (a) In General.--There shall be within the Department of 
Transportation the Bureau of Transportation Statistics.
  (b) Director.--
          (1) Appointment.--The Bureau shall be headed by a 
        Director, who shall be appointed in the competitive 
        service by the Secretary.
          (2) Qualifications.--The Director shall be appointed 
        from among individuals who are qualified to serve as 
        the Director by virtue of their training and experience 
        in the collection, analysis, and use of transportation 
        statistics.
          (3) Duties.--
                  (A) In general.--The Director shall--
                          (i) serve as the senior advisor to 
                        the Secretary on data and statistics; 
                        and
                          (ii) be responsible for carrying out 
                        the duties described in subparagraph 
                        (B).
                  (B) Duties.--The Director shall--
                          (i) ensure that the statistics 
                        compiled under clause (vi) are designed 
                        to support transportation 
                        decisionmaking by--
                                  (I) the Federal Government;
                                  (II) State and local 
                                governments;
                                  (III) metropolitan planning 
                                organizations;
                                  (IV) transportation-related 
                                associations;
                                  (V) the private sector, 
                                including the freight 
                                community; and
                                  (VI) the public;
                          (ii) establish on behalf of the 
                        Secretary a program--
                                  (I) to effectively integrate 
                                safety data across modes; and
                                  (II) to address gaps in 
                                existing safety data programs 
                                of the Department;
                          (iii) work with the operating 
                        administrations of the Department--
                                  (I) to establish and 
                                implement the data programs of 
                                the Bureau; and
                                  (II) to improve the 
                                coordination of information 
                                collection efforts with other 
                                Federal agencies;
                          (iv) continually improve surveys and 
                        data collection methods of the 
                        Department to improve the accuracy and 
                        utility of transportation statistics;
                          (v) encourage the standardization of 
                        data, data collection methods, and data 
                        management and storage technologies for 
                        data collected by--
                                  (I) the Bureau;
                                  (II) the operating 
                                administrations of the 
                                Department;
                                  (III) State and local 
                                governments;
                                  (IV) metropolitan planning 
                                organizations; and
                                  (V) private sector entities;
                          (vi) collect, compile, analyze, and 
                        publish a comprehensive set of 
                        transportation statistics on the 
                        performance and impacts of the national 
                        transportation system, including 
                        statistics on--
                                  (I) transportation safety 
                                across all modes and 
                                intermodally;
                                  (II) the state of good repair 
                                of United States transportation 
                                infrastructure;
                                  (III) the extent, 
                                connectivity, and condition of 
                                the transportation system, 
                                building on the national 
                                transportation atlas database 
                                developed under [section 6310] 
                                section 6309;
                                  (IV) economic efficiency 
                                across the entire 
                                transportation sector;
                                  (V) the effects of the 
                                transportation system on global 
                                and domestic economic 
                                competitiveness;
                                  (VI) demographic, economic, 
                                and other variables influencing 
                                travel behavior, including 
                                choice of transportation mode 
                                and goods movement;
                                  (VII) transportation-related 
                                variables that influence the 
                                domestic economy and global 
                                competitiveness;
                                  (VIII) economic costs and 
                                impacts for passenger travel 
                                and freight movement;
                                  (IX) intermodal and 
                                multimodal passenger movement;
                                  (X) intermodal and multimodal 
                                freight movement; and
                                  (XI) consequences of 
                                transportation for the human 
                                and natural environment;
                          (vii) develop and improve 
                        transportation economic accounts to 
                        meet demand for methods for estimating 
                        the economic value of transportation 
                        infrastructure, investment, and 
                        services;
                          (viii) not be required to obtain the 
                        approval of any other officer or 
                        employee of the Department in 
                        connection with the collection or 
                        analysis of any information;
                          (ix) not be required, prior to 
                        publication, to obtain the approval of 
                        any other officer or employee of the 
                        Federal Government with respect to the 
                        substance of any statistical technical 
                        reports or press releases that the 
                        Director has prepared in accordance 
                        with the law;
                          [(vii)] (x) build and disseminate the 
                        transportation layer of the National 
                        Spatial Data Infrastructure developed 
                        under Executive Order 12906 (59 Fed. 
                        Reg. 17671) (or a successor Executive 
                        Order), including by coordinating the 
                        development of transportation 
                        geospatial data standards, compiling 
                        intermodal geospatial data, and 
                        collecting geospatial data that is not 
                        being collected by other entities;
                          [(viii)] (xi) issue guidelines for 
                        the collection of information by the 
                        Department that the Director determines 
                        necessary to develop transportation 
                        statistics and carry out modeling, 
                        economic assessment, and program 
                        assessment activities to ensure that 
                        such information is accurate, reliable, 
                        relevant, uniform, and in a form that 
                        permits systematic analysis by the 
                        Department;
                          [(ix)] (xii) review and report to the 
                        Secretary on the sources and 
                        reliability of--
                                  (I) the statistics proposed 
                                by the heads of the operating 
                                administrations of the 
                                Department to measure outputs 
                                and outcomes as required by the 
                                Government Performance and 
                                Results Act of 1993 (Public Law 
                                103-62;107 Stat. 285); and
                                  (II) at the request of the 
                                Secretary, any other data 
                                collected or statistical 
                                information published by the 
                                heads of the operating 
                                administrations of the 
                                Department; and
                          [(x)] (xiii) ensure that the 
                        statistics published under this section 
                        are readily accessible to the public, 
                        consistent with applicable security 
                        constraints and confidentiality 
                        interests.
  (c) Access to Federal Data.--In carrying out subsection 
(b)(3)(B)(ii), the Director shall be given access to all safety 
data that the Director determines necessary to carry out that 
subsection that is held by the Department or any other Federal 
agency upon written request and subject to any statutory or 
regulatory restrictions.

           *       *       *       *       *       *       *


Sec. 6311. Research and development grants

   The Secretary may make grants to, or enter into cooperative 
agreements or contracts with, public and nonprofit private 
entities (including State transportation departments, 
metropolitan planning organizations, and institutions of higher 
education) for--
          (1) investigation of the subjects described in 
        section 6302(b)(3)(B)(vi);
          (2) research and development of new methods of data 
        collection, standardization, management, integration, 
        dissemination, interpretation, and analysis;
          (3) demonstration programs by States, local 
        governments, and metropolitan planning organizations to 
        coordinate data collection, reporting, management, 
        storage, and archiving to simplify data comparisons 
        across jurisdictions;
          (4) development of electronic clearinghouses of 
        transportation data and related information, as part of 
        the Library; and
          (5) development and improvement of methods for 
        sharing geographic data, in support of the database 
        under [section 6310] section 6309 and the National 
        Spatial Data Infrastructure developed under Executive 
        Order 12906 (59 Fed. Reg. 17671) (or a successor 
        Executive Order).

           *       *       *       *       *       *       *


SUBTITLE IV--INTERSTATE TRANSPORTATION

           *       *       *       *       *       *       *


PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

           *       *       *       *       *       *       *


CHAPTER 139--REGISTRATION

           *       *       *       *       *       *       *


Sec. 13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          (1) In general.--Except as otherwise provided in this 
        section, the Secretary of Transportation shall register 
        a person to provide transportation subject to 
        jurisdiction under subchapter I of chapter 135 as a 
        motor carrier using self-propelled vehicles the motor 
        carrier owns, rents, or leases only if the Secretary 
        determines that the person--
                  (A) is willing and able to comply with--
                          (i) this part and the applicable 
                        regulations of the Secretary and the 
                        Board;
                          (ii) any safety regulations imposed 
                        by the Secretary;
                          (iii) the duties of employers and 
                        employees established by the Secretary 
                        under section 31135;
                          (iv) the safety fitness requirements 
                        established by the Secretary under 
                        section 31144;
                          (v) the accessibility requirements 
                        established by the Secretary under 
                        subpart H of part 37 of title 49, Code 
                        of Federal Regulations (or successor 
                        regulations), for transportation 
                        provided by an over-the-road bus; and
                          (vi) the minimum financial 
                        responsibility requirements established 
                        by the Secretary under sections 13906, 
                        31138, and 31139;
                  (B) has been issued a USDOT number under 
                section 31134;
                  (C) has disclosed any relationship involving 
                common ownership, common management, common 
                control, or common familial relationship 
                between that person and any other motor 
                carrier, freight forwarder, or broker, or any 
                other applicant for motor carrier, freight 
                forwarder, or broker registration, if the 
                relationship occurred in the 3-year period 
                preceding the date of the filing of the 
                application for registration; and
                  (D) after the Secretary establishes a written 
                proficiency examination pursuant to section 
                32101(b) of the Commercial Motor Vehicle Safety 
                Enhancement Act of 2012, has passed the written 
                proficiency examination.
          (2) Additional registration requirements for 
        household goods motor carriers.--In addition to meeting 
        the requirements of paragraph (1), the Secretary may 
        register a person to provide transportation of 
        household goods as a household goods motor carrier only 
        after that person--
                  (A) provides evidence of participation in an 
                arbitration program and provides a copy of the 
                notice of the arbitration program as required 
                by section 14708(b)(2);
                  (B) identifies its tariff and provides a copy 
                of the notice of the availability of that 
                tariff for inspection as required by section 
                13702(c); and
                  (C) demonstrates, before being registered, 
                through successful completion of a proficiency 
                examination established by the Secretary, 
                knowledge and intent to comply with applicable 
                Federal laws relating to consumer protection, 
                estimating, consumers' rights and 
                responsibilities, and options for limitations 
                of liability for loss and damage.
          (3) Consideration of evidence; findings.--The 
        Secretary shall consider, and to the extent applicable, 
        make findings on any evidence demonstrating that the 
        registrant is unable to comply with any applicable 
        requirement of paragraph (1) or, in the case of a 
        registrant to which paragraph (2) applies, paragraph 
        (1) or (2).
          (4) Withholding.--If the Secretary determines that a 
        registrant under this section does not meet, or is not 
        able to meet, any requirement of paragraph (1) or, in 
        the case of a registrant to which paragraph (2) 
        applies, paragraph (1) or (2), the Secretary shall 
        withhold registration.
          (5) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), the 
        safety regulations of the Secretary, or the safety 
        fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection. In 
        the case of a registration for the transportation of 
        household goods as a household goods motor carrier, the 
        Secretary may also hear a complaint on the ground that 
        the registrant fails or will fail to comply with the 
        requirements of paragraph (2) of this subsection.
          (6) Separate registration required.--A motor carrier 
        may not broker transportation services unless the motor 
        carrier has registered as a broker under this chapter.
  (b) Motor Carriers of Passengers.--
          (1) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          (2) Registration of public recipients of governmental 
        assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                          (II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          (3) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
          (4) Preemption of state regulation regarding certain 
        service.--No State or political subdivision thereof and 
        no interstate agency or other political agency of 2 or 
        more States shall enact or enforce any law, rule, 
        regulation, standard or other provision having the 
        force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or 
        mail in a commercial zone if the shipment has had or 
        will have a prior or subsequent movement by bus in 
        intrastate commerce and, if a city within the 
        commercial zone, is served by a motor carrier of 
        passengers providing regular-route transportation of 
        passengers subject to jurisdiction under subchapter I 
        of chapter 135.
          (5) Jurisdiction over certain intrastate 
        transportation.--Subject to section 14501(a), any 
        intrastate transportation authorized by this subsection 
        shall be treated as transportation subject to 
        jurisdiction under subchapter I of chapter 135 until 
        such time as the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation, but in no case later than the 30th day 
        following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
          (6) Special operations.--This subsection shall not 
        apply to any regular-route transportation of passengers 
        provided entirely in one State which is in the nature 
        of a special operation.
          (7) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv),
                which before, on, or after January 1, 1996, 
                received governmental assistance for the 
                purchase or operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after January 1, 1996, 
                received governmental financial assistance in 
                the form of a subsidy for the purchase, lease, 
                or operation of any bus.
  (c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on December 31, 1995; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3), 
        and provide an opportunity for public comment.
          (6) Delegation to secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers and foreign 
        motor private carriers operating in the United States 
        to comply with all applicable laws and regulations 
        pertaining to fitness, safety of operations, financial 
        responsibility, and taxes imposed by section 4481 of 
        the Internal Revenue Code of 1986.
  (d) Transition Rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on December 31, 1995; and
                  (B) as a motor contract carrier if such 
                person would have been issued a permit to 
                provide transportation as a motor contract 
                carrier under this subtitle on such day.
          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on December 31, 1995.
          (3) Termination.--This subsection shall cease to be 
        in effect on the transition termination date.
  (e) Penalties for Failure To Comply With Registration 
Requirements.--In addition to other penalties available under 
law, motor carriers that fail to register their operations as 
required by this section or that operate beyond the scope of 
their registrations may be subject to the following penalties:
          (1) Out-of-service orders.--If, upon inspection or 
        investigation, the Secretary determines that a motor 
        carrier providing transportation requiring registration 
        under this section is operating without a registration 
        or beyond the scope of its registration, the Secretary 
        may order the motor carrier operations out-of-service. 
        Subsequent to the issuance of the out-of-service order, 
        the Secretary shall provide an opportunity for review 
        in accordance with section 554 of title 5, United 
        States Code; except that such review shall occur not 
        later than 10 days after issuance of such order.
          (2) Permission for operations.--A person domiciled in 
        a country contiguous to the United States with respect 
        to which an action under subsection (c)(1)(A) or 
        (c)(1)(B) is in effect and providing transportation for 
        which registration is required under this section shall 
        maintain evidence of such registration in the motor 
        vehicle when the person is providing the 
        transportation. The Secretary shall not permit the 
        operation in interstate commerce in the United States 
        of any motor vehicle in which there is not a copy of 
        the registration issued pursuant to this section.
  (f) Modification of Carrier Registration.--
          (1) In general.--On and after the transition 
        termination date, the Secretary--
                  (A) may not register a motor carrier under 
                this section as a motor common carrier or a 
                motor contract carrier;
                  (B) shall register applicants under this 
                section as motor carriers; and
                  (C) shall issue any motor carrier registered 
                under this section after that date a motor 
                carrier certificate of registration that 
                specifies whether the holder of the certificate 
                may provide transportation of persons, 
                household goods, other property, or any 
                combination thereof.
          (2) Pre-existing certificates and permits.--The 
        Secretary shall redesignate any motor carrier 
        certificate or permit issued before the transition 
        termination date as a motor carrier certificate of 
        registration. On and after the transition termination 
        date, any person holding a motor carrier certificate of 
        registration redesignated under this paragraph may 
        provide both contract carriage (as defined in section 
        13102(4)(B)) and transportation under terms and 
        conditions meeting the requirements of section 
        13710(a)(1). The Secretary may not, pursuant to any 
        regulation or form issued before or after the 
        transition termination date, make any distinction among 
        holders of motor carrier certificates of registration 
        on the basis of whether the holder would have been 
        classified as a common carrier or as a contract carrier 
        under--
                  (A) subsection (d) of this section, as that 
                section was in effect before the transition 
                termination date; or
                  (B) any other provision of this title that 
                was in effect before the transition termination 
                date.
          (3) Transition termination date defined.--In this 
        section, the term ``transition termination date'' means 
        the first day of January occurring more than 12 months 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2005.
  (g) Motor Carrier Defined.--In this section and sections 
13905 and 13906, the term ``motor carrier'' includes foreign 
motor private carriers.
  (h) Update of Registration.--
          (1) In general.--The Secretary shall require a 
        registrant to update its registration under this 
        section not later than 30 days after a change in the 
        registrant's address, other contact information, 
        officers, process agent, or other essential 
        information, as determined by the Secretary.
          (2) Motor carriers of passengers.--In addition to the 
        requirements of paragraph (1), the Secretary shall 
        require a motor carrier of passengers to update its 
        registration information, including numbers of 
        vehicles, annual mileage, and individuals responsible 
        for compliance with Federal safety regulations 
        quarterly for the first 2 years after being issued a 
        registration under this section.
  (i) Registration as Freight Forwarder or Broker Required.--A 
motor carrier registered under this chapter--
          (1) may only provide transportation of property 
        with--
                  (A) self-propelled motor vehicles owned or 
                leased by the motor carrier; or
                  (B) interchanges under regulations issued by 
                the Secretary if the originating carrier--
                          (i) physically transports the cargo 
                        at some point; and
                          (ii) retains liability for the cargo 
                        and for payment of interchanged 
                        carriers; and
          (2) may not arrange transportation except as 
        described in paragraph (1) unless the motor carrier has 
        obtained a separate registration as a freight forwarder 
        or broker for transportation under section 13903 or 
        13904, as applicable.

Sec. 13903. Registration of freight forwarders

  (a) In General.--The Secretary shall register a person to 
provide service subject to jurisdiction under subchapter III of 
chapter 135 as a freight forwarder if the Secretary determines 
that the person--
          (1) has sufficient experience to qualify the person 
        to act as a freight forwarder; and
          (2) is fit, willing, and able to provide the service 
        and to comply with this part and applicable regulations 
        of the Secretary.
  (b) Duration.--A registration issued under subsection (a) 
shall only remain in effect while the freight forwarder is in 
compliance with section 13906(c).
  (c) Experience or Training Requirement.--Each freight 
forwarder shall employ, as an officer, an individual who--
          (1) has at least 3 years of relevant experience; or
          (2) provides the Secretary with satisfactory evidence 
        of the individual's knowledge of related rules, 
        regulations, and industry practices.
  (d) Registration as Motor Carrier Required.--
          [(1) In general.--]A freight forwarder may not 
        provide transportation as a motor carrier unless the 
        freight forwarder has registered separately under this 
        chapter to provide transportation as a motor carrier.
  (e) Update of Registration.--The Secretary shall require a 
freight forwarder to update its registration under this section 
not later than 30 days after a change in the freight 
forwarder's address, other contact information, officers, 
process agent, or other essential information, as determined by 
the Secretary.

           *       *       *       *       *       *       *


Sec. 13905. Effective periods of registration

  (a) Person Holding ICC Authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on December 31, 1995, shall be deemed, for purposes of 
this part, to be registered to provide such transportation or 
service under this part.
  (b) Person Registered With Secretary.--
          (1) In general.--Except as provided in paragraph (2), 
        any person having registered with the Secretary to 
        provide transportation or service as a motor carrier or 
        motor private carrier under this title, as in effect on 
        January 1, 2005, but not having registered pursuant to 
        section 13902(a), shall be treated, for purposes of 
        this part, to be registered to provide such 
        transportation or service for purposes of sections 
        13908 and 14504a.
          (2) Exclusively intrastate operators.--Paragraph (1) 
        does not apply to a motor carrier or motor private 
        carrier (including a transporter of waste or recyclable 
        materials) engaged exclusively in intrastate 
        transportation operations.
  (c) Effective Period.--
          (1) In general.--Except as otherwise provided in this 
        part, each registration issued under section 13902, 
        13903, or 13904--
                  (A) shall be effective beginning on the date 
                specified by the Secretary; and
                  (B) shall remain in effect for such period as 
                the Secretary determines appropriate by 
                regulation.
          (2) Reissuance of registration.--
                  (A) Requirement.--Not later than 4 years 
                after the date of enactment of the Commercial 
                Motor Vehicle Safety Enhancement Act of 2012, 
                the Secretary shall require a freight forwarder 
                or broker to renew its registration issued 
                under this chapter.
                  (B) Effective period.--Each registration 
                renewal under subparagraph (A)--
                          (i) shall expire not later than 5 
                        years after the date of such renewal; 
                        and
                          (ii) may be further renewed as 
                        provided under this chapter.
  (d) Suspension, Amendments, and Revocations.--
          (1) Applications.--On application of the registrant, 
        the Secretary may amend or revoke a registration.
          (2) Complaints and actions on secretary's own 
        initiative.--On complaint or on the Secretary's own 
        initiative and after notice and an opportunity for a 
        proceeding, the Secretary may--
                  (A) suspend, amend, or revoke any part of the 
                registration of a motor carrier, foreign motor 
                carrier, foreign motor private carrier, broker, 
                or freight forwarder for willful failure to 
                comply with--
                          (i) this part;
                          (ii) an applicable regulation or 
                        order of the Secretary or the Board, 
                        including the accessibility 
                        requirements established by the 
                        Secretary under subpart H of part 37 of 
                        title 49, Code of Federal Regulations 
                        (or successor regulations), for 
                        transportation provided by an over-the-
                        road bus; or
                          (iii) a condition of its 
                        registration;
                  (B) withhold, suspend, amend, or revoke any 
                part of the registration of a motor carrier, 
                foreign motor carrier, foreign motor private 
                carrier, broker, or freight forwarder for 
                failure--
                          (i) to pay a civil penalty imposed 
                        under chapter 5, 51, 149, or 311;
                          (ii) to arrange and abide by an 
                        acceptable payment plan for such civil 
                        penalty, not later than 90 days after 
                        the date specified by order of the 
                        Secretary for the payment of such 
                        penalty; or
                          (iii) for failure to obey a subpoena 
                        issued by the Secretary;
                  (C) withhold, suspend, amend, or revoke any 
                part of a registration of a motor carrier, 
                foreign motor carrier, foreign motor private 
                carrier, broker, or freight forwarder following 
                a determination by the Secretary that the motor 
                carrier, broker, or freight forwarder failed to 
                disclose, in its application for registration, 
                a material fact relevant to its willingness and 
                ability to comply with--
                          (i) this part;
                          (ii) an applicable regulation or 
                        order of the Secretary or the Board; or
                          (iii) a condition of its 
                        registration; or
                  (D) withhold, suspend, amend, or revoke any 
                part of a registration of a motor carrier, 
                foreign motor carrier, foreign motor private 
                carrier, broker, or freight forwarder if [the 
                Secretary finds that--]
                          [(i) the motor carrier,] the 
                        Secretary finds that the motor carrier, 
                        broker, or freight forwarder does not 
                        disclose any relationship through 
                        common ownership, common management, 
                        common control, or common familial 
                        relationship to any other motor 
                        carrier, broker, or freight forwarder, 
                        or any other applicant for motor 
                        carrier, broker, or freight forwarder 
                        registration that the Secretary 
                        determines is or was unwilling or 
                        unable to comply with the relevant 
                        requirements listed in section 13902, 
                        13903, or 13904.
          (3) Limitation.--Paragraph (2)(B) shall not apply to 
        a person who is unable to pay a civil penalty because 
        the person is a debtor in a case under chapter 11 of 
        title 11.
          (4) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and opportunity for public comment, shall 
        issue regulations to provide for the suspension, 
        amendment, or revocation of a registration under this 
        part for failure to pay a civil penalty as provided in 
        paragraph (2)(B).
  (e) Procedure.--Except on application of the registrant, or 
if the Secretary determines that the registrant failed to 
disclose a material fact in an application for registration in 
accordance with subsection (d)(2)(C), the Secretary may revoke 
a registration of a motor carrier, freight forwarder, or 
broker, only after--
          (1) the Secretary has issued an order to the 
        registrant under section 14701 requiring compliance 
        with this part, a regulation of the Secretary, or a 
        condition of the registration; and
          (2) the registrant willfully does not comply with the 
        order for a period of 30 days.
  (f) Expedited Procedure.--
          (1) Protection of safety.--Notwithstanding subchapter 
        II of chapter 5 of title 5, the Secretary--
                  (A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for 
                failure to comply with requirements of the 
                Secretary pursuant to section 13904(e) or 13906 
                or an order or regulation of the Secretary 
                prescribed under those sections; and
                  (B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating 
                in interstate commerce for failure to comply 
                with the safety fitness requirements of section 
                31144.
          (2) Imminent hazard to public health.--
        Notwithstanding subchapter II of chapter 5 of title 5, 
        the Secretary shall revoke the registration of a motor 
        carrier if the Secretary finds that the carrier is or 
        was conducting unsafe operations that are or were an 
        imminent hazard to public health or property.
          (3) Notice; period of suspension.--The Secretary may 
        suspend or revoke under this subsection the 
        registration only after giving notice of the suspension 
        or revocation to the registrant. A suspension remains 
        in effect until the registrant complies with the 
        applicable sections or, in the case of a suspension 
        under paragraph (2), until the Secretary revokes the 
        suspension.

Sec. 13906. Security of motor carriers, motor private carriers, 
                    brokers, and freight forwarders

  (a) Motor Carrier Requirements.--
          (1) Liability insurance requirement.--The Secretary 
        may register a motor carrier under section 13902 only 
        if the registrant files with the Secretary a bond, 
        insurance policy, or other type of security approved by 
        the Secretary, in an amount not less than such amount 
        as the Secretary prescribes pursuant to, or as is 
        required by, sections 31138 and 31139, and the laws of 
        the State or States in which the registrant is 
        operating, to the extent applicable. The security must 
        be sufficient to pay, not more than the amount of the 
        security, for each final judgment against the 
        registrant for bodily injury to, or death of, an 
        individual resulting from the negligent operation, 
        maintenance, or use of motor vehicles, or for loss or 
        damage to property (except property referred to in 
        paragraph (3) of this subsection), or both. A 
        registration remains in effect only as long as the 
        registrant continues to satisfy the security 
        requirements of this paragraph.
          (2) Security requirement.--Not later than 120 days 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2005, any person, other than a 
        motor private carrier, registered with the Secretary to 
        provide transportation or service as a motor carrier 
        under section 13905(b) shall file with the Secretary a 
        bond, insurance policy, or other type of security 
        approved by the Secretary, in an amount not less than 
        required by sections 31138 and 31139.
          (3) Agency requirement.--A motor carrier shall comply 
        with the requirements of sections 13303 and 13304. To 
        protect the public, the Secretary may require any such 
        motor carrier to file the type of security that a motor 
        carrier is required to file under paragraph (1) of this 
        subsection. This paragraph only applies to a foreign 
        motor private carrier and foreign motor carrier 
        operating in the United States to the extent that such 
        carrier is providing transportation between places in a 
        foreign country or between a place in one foreign 
        country and a place in another foreign country.
          (4) Transportation insurance.--The Secretary may 
        require a registered motor carrier to file with the 
        Secretary a type of security sufficient to pay a 
        shipper or consignee for damage to property of the 
        shipper or consignee placed in the possession of the 
        motor carrier as the result of transportation provided 
        under this part. A carrier required by law to pay a 
        shipper or consignee for loss, damage, or default for 
        which a connecting motor carrier is responsible is 
        subrogated, to the extent of the amount paid, to the 
        rights of the shipper or consignee under any such 
        security.
  (b) Broker Financial Security Requirements.--
          (1) Requirements.--
                  (A) In general.--The Secretary may register a 
                person as a broker under section 13904 only if 
                the person files with the Secretary a surety 
                bond, proof of trust fund, or other financial 
                security, or a combination thereof, in a form 
                and amount, and from a provider, determined by 
                the Secretary to be adequate to ensure 
                financial responsibility.
                  (B) Use of a group surety bond, trust fund, 
                or other surety.--In implementing the standards 
                established by subparagraph (A), the Secretary 
                may authorize the use of a group surety bond, 
                trust fund, or other financial security, or a 
                combination thereof, that meets the 
                requirements of this subsection.
                  (C) Proof of trust or other financial 
                security.--For purposes of subparagraph (A), a 
                trust fund or other financial security may be 
                acceptable to the Secretary only if the trust 
                fund or other financial security consists of 
                assets readily available to pay claims without 
                resort to personal guarantees or collection of 
                pledged accounts receivable.
          (2) Scope of financial responsibility.--
                  (A) Payment of claims.--A surety bond, trust 
                fund, or other financial security obtained 
                under paragraph (1) shall be available to pay 
                any claim against a broker arising from its 
                failure to pay freight charges under its 
                contracts, agreements, or arrangements for 
                transportation subject to jurisdiction under 
                chapter 135 if--
                          (i) subject to the review by the 
                        surety provider, the broker consents to 
                        the payment;
                          (ii) in any case in which the broker 
                        does not respond to adequate notice to 
                        address the validity of the claim, the 
                        surety provider determines that the 
                        claim is valid; or
                          (iii) the claim is not resolved 
                        within a reasonable period of time 
                        following a reasonable attempt by the 
                        claimant to resolve the claim under 
                        clauses (i) and (ii), and the claim is 
                        reduced to a judgment against the 
                        broker.
                  (B) Response of surety providers to claims.--
                If a surety provider receives notice of a claim 
                described in subparagraph (A), the surety 
                provider shall--
                          (i) respond to the claim on or before 
                        the 30th day following the date on 
                        which the notice was received; and
                          (ii) in the case of a denial, set 
                        forth in writing for the claimant the 
                        grounds for the denial.
                  (C) Costs and attorney's fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing 
                party shall be entitled to recover its 
                reasonable costs and attorney's fees.
          (3) Minimum financial security.--Each broker subject 
        to the requirements of this section shall provide 
        financial security of $75,000 for purposes of this 
        subsection, regardless of the number of branch offices 
        or sales agents of the broker.
          (4) Cancellation notice.--If a financial security 
        required under this subsection is canceled--
                  (A) the holder of the financial security 
                shall provide electronic notification to the 
                Secretary of the cancellation not later than 30 
                days before the effective date of the 
                cancellation; and
                  (B) the Secretary shall immediately post such 
                notification on the public Internet Website of 
                the Department of Transportation.
          (5) Suspension.--The Secretary shall immediately 
        suspend the registration of a broker issued under this 
        chapter if the available financial security of that 
        person falls below the amount required under this 
        subsection.
          (6) Payment of claims in cases of financial failure 
        or insolvency.--If a broker registered under this 
        chapter experiences financial failure or insolvency, 
        the surety provider of the broker shall--
                  (A) submit a notice to cancel the financial 
                security to the Administrator in accordance 
                with paragraph (4);
                  (B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the 
                Secretary of the notice to cancel the financial 
                security; and
                  (C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission 
                of claims--
                          (i) all uncontested claims received 
                        during such period; or
                          (ii) a pro rata share of such claims 
                        if the total amount of such claims 
                        exceeds the financial security 
                        available.
          (7) Penalties.--
                  (A) Civil actions.--Either the Secretary or 
                the Attorney General of the United States may 
                bring a civil action in an appropriate district 
                court of the United States to enforce the 
                requirements of this subsection or a regulation 
                prescribed or order issued under this 
                subsection. The court may award appropriate 
                relief, including injunctive relief.
                  (B) Civil penalties.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a broker 
                registered under this chapter has violated the 
                requirements of this subsection or a regulation 
                prescribed under this subsection, the surety 
                provider shall be liable to the United States 
                for a civil penalty in an amount not to exceed 
                $10,000.
                  (C) Eligibility.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a broker 
                registered under this chapter has violated the 
                requirements of this subsection or a regulation 
                prescribed under this subsection, the surety 
                provider shall be ineligible to provider broker 
                financial security for 3 years.
          (8) Deduction of costs prohibited.--The amount of the 
        financial security required under this subsection may 
        not be reduced by deducting attorney's fees or 
        administrative costs.
  (c) Freight Forwarder Financial Security Requirements.--
          (1) Requirements.--
                  (A) In general.--The Secretary may register a 
                person as a freight forwarder under section 
                13903 only if the person files with the 
                Secretary a surety bond, proof of trust fund, 
                other financial security, or a combination of 
                such instruments, in a form and amount, and 
                from a provider, determined by the Secretary to 
                be adequate to ensure financial responsibility.
                  (B) Use of a group surety bond, trust fund, 
                or other financial security.--In implementing 
                the standards established under subparagraph 
                (A), the Secretary may authorize the use of a 
                group surety bond, trust fund, other financial 
                security, or a combination of such instruments, 
                that meets the requirements of this subsection.
                  (C) Surety bonds.--A surety bond obtained 
                under this section may only be obtained from a 
                bonding company that has been approved by the 
                Secretary of the Treasury.
                  (D) Proof of trust or other financial 
                security.--For purposes of subparagraph (A), a 
                trust fund or other financial security may not 
                be accepted by the Secretary unless the trust 
                fund or other financial security consists of 
                assets readily available to pay claims without 
                resort to personal guarantees or collection of 
                pledged accounts receivable.
          (2) Scope of financial responsibility.--
                  (A) Payment of claims.--A surety bond, trust 
                fund, or other financial security obtained 
                under paragraph (1) shall be available to pay 
                any claim against a freight forwarder arising 
                from its failure to pay freight charges under 
                its contracts, agreements, or arrangements for 
                transportation subject to jurisdiction under 
                chapter 135 if--
                          (i) subject to the review by the 
                        surety provider, the freight forwarder 
                        consents to the payment;
                          (ii) in the case the freight 
                        forwarder does not respond to adequate 
                        notice to address the validity of the 
                        claim, the surety provider determines 
                        the claim is valid; or
                          (iii) the claim--
                                  (I) is not resolved within a 
                                reasonable period of time 
                                following a reasonable attempt 
                                by the claimant to resolve the 
                                claim under clauses (i) and 
                                (ii); and
                                  (II) is reduced to a judgment 
                                against the freight forwarder.
                  (B) Response of surety providers to claims.--
                If a surety provider receives notice of a claim 
                described in subparagraph (A), the surety 
                provider shall--
                          (i) respond to the claim on or before 
                        the 30th day following receipt of the 
                        notice; and
                          (ii) in the case of a denial, set 
                        forth in writing for the claimant the 
                        grounds for the denial.
                  (C) Costs and attorney's fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing 
                party shall be entitled to recover its 
                reasonable costs and attorney's fees.
          (3) Freight forwarder insurance.--
                  (A) In general.--The Secretary may register a 
                person as a freight forwarder under section 
                13903 only if the person files with the 
                Secretary a surety bond, insurance policy, or 
                other type of financial security that meets 
                standards prescribed by the Secretary.
                  (B) Liability insurance.--A financial 
                security filed by a freight forwarder under 
                subparagraph (A) shall be sufficient to pay an 
                amount, not to exceed the amount of the 
                financial security, for each final judgment 
                against the freight forwarder for bodily injury 
                to, or death of, an individual, or loss of, or 
                damage to, property (other than property 
                referred to in subparagraph (C)), resulting 
                from the negligent operation, maintenance, or 
                use of motor vehicles by, or under the 
                direction and control of, the freight forwarder 
                while providing transfer, collection, or 
                delivery service under this part.
                  (C) Cargo insurance.--The Secretary may 
                require a registered freight forwarder to file 
                with the Secretary a surety bond, insurance 
                policy, or other type of financial security 
                approved by the Secretary, that will pay an 
                amount, not to exceed the amount of the 
                financial security, for loss of, or damage to, 
                property for which the freight forwarder 
                provides service.
          (4) Minimum financial security.--Each freight 
        forwarder subject to the requirements of this section 
        shall provide financial security of $75,000, regardless 
        of the number of branch offices or sales agents of the 
        freight forwarder.
          (5) Cancellation notice.--If a financial security 
        required under this subsection is canceled--
                  (A) the holder of the financial security 
                shall provide electronic notification to the 
                Secretary of the cancellation not later than 30 
                days before the effective date of the 
                cancellation; and
                  (B) the Secretary shall immediately post such 
                notification on the public Internet web site of 
                the Department of Transportation.
          (6) Suspension.--The Secretary shall immediately 
        suspend the registration of a freight forwarder issued 
        under this chapter if its available financial security 
        falls below the amount required under this subsection.
          (7) Payment of claims in cases of financial failure 
        or insolvency.--If a freight forwarder registered under 
        this chapter experiences financial failure or 
        insolvency, the surety provider of the freight 
        forwarder shall--
                  (A) submit a notice to cancel the financial 
                security to the Administrator in accordance 
                with paragraph (5);
                  (B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the 
                Secretary of the notice to cancel the financial 
                security; and
                  (C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission 
                of claims--
                          (i) all uncontested claims received 
                        during such period; or
                          (ii) a pro rata share of such claims 
                        if the total amount of such claims 
                        exceeds the financial security 
                        available.
          (8) Penalties.--
                  (A) Civil actions.--Either the Secretary or 
                the Attorney General may bring a civil action 
                in an appropriate district court of the United 
                States to enforce the requirements of this 
                subsection or a regulation prescribed or order 
                issued under this subsection. The court may 
                award appropriate relief, including injunctive 
                relief.
                  (B) Civil penalties.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a freight 
                forwarder registered under this chapter has 
                violated the requirements of this subsection or 
                a regulation prescribed under this subsection, 
                the surety provider shall be liable to the 
                United States for a civil penalty in an amount 
                not to exceed $10,000.
                  (C) Eligibility.--If the Secretary 
                determines, after notice and opportunity for a 
                hearing, that a surety provider of a freight 
                forwarder registered under this chapter has 
                violated the requirements of this subsection or 
                a regulation prescribed under this subsection, 
                the surety provider shall be ineligible to 
                provide freight forwarder financial security 
                for 3 years (9) Deduction of costs prohibited
  (d) Type of Insurance.--The Secretary may determine the type 
and amount of security filed under this section. A motor 
carrier may submit proof of qualifications as a self-insurer to 
satisfy the security requirements of this section. The 
Secretary shall adopt regulations governing the standards for 
approval as a self-insurer. Motor carriers which have been 
granted authority to self-insure as of January 1, 1996, shall 
retain that authority unless, for good cause shown and after 
notice and an opportunity for a hearing, the Secretary finds 
that the authority must be revoked.
  (e) Notice of Cancellation of Insurance.--The Secretary shall 
issue regulations requiring the submission to the Secretary of 
notices of insurance cancellation sufficiently in advance of 
actual cancellation so as to enable the Secretary to promptly 
revoke or suspend the registration of any carrier or broker 
after the effective date of the cancellation.
  (f) Form of Endorsement.--The Secretary shall also prescribe 
the appropriate form of endorsement to be appended to policies 
of insurance and surety bonds which will subject the insurance 
policy or surety bond to the full security limits of the 
coverage required under this section.

           *       *       *       *       *       *       *


               CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

Sec. 14901. General civil penalties

  (a) Reporting and Recordkeeping.--A person required to make a 
report to the Secretary or the Board, answer a question, or 
make, prepare, or preserve a record under this part concerning 
transportation subject to jurisdiction under subchapter I or 
III of chapter 135 or transportation by a foreign carrier 
registered under section 13902, or an officer, agent, or 
employee of that person that--
          (1) does not make the report;
          (2) does not specifically, completely, and truthfully 
        answer the question;
          (3) does not make, prepare, or preserve the record in 
        the form and manner prescribed;
          (4) does not comply with section 13901; or
          (5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less 
than $1,000 for each violation and for each additional day the 
violation continues; except that, in the case of a person or an 
officer, agent, or employee of such person, that does not 
comply with section 13901 or section 13902(c) of this title, 
the amount of the civil penalty shall not be less than $10,000 
for each violation, or $25,000 for each violation relating to 
providing transportation of passengers.
  (b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, 
agent, or employee of that person, and who is required to 
comply with section 13901 of this title but does not so comply 
with respect to the transportation of hazardous wastes as 
defined by the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act (but not including 
any waste the regulation of which under the Solid Waste 
Disposal Act has been suspended by Congress) shall be liable to 
the United States for a civil penalty not less than $20,000, 
but not to exceed $40,000 for each violation.
  (c) Factors To Consider in Determining Amount.--In 
determining and negotiating the amount of a civil penalty under 
subsection (a) or (d) concerning transportation of household 
goods, the degree of culpability, any history of prior such 
conduct, the degree of harm to shipper or shippers, ability to 
pay, the effect on ability to do business, whether the shipper 
has been adequately compensated before institution of the 
proceeding, and such other matters as fairness may require 
shall be taken into account.
  (d) Protection of Household Goods Shippers.--
          (1) In general.--If a carrier providing 
        transportation of household goods subject to 
        jurisdiction under subchapter I or III of chapter 135 
        or a receiver or trustee of such carrier fails or 
        refuses to comply with any regulation issued by the 
        Secretary or the Board relating to protection of 
        individual shippers, such carrier, receiver, or trustee 
        is liable to the United States for a civil penalty of 
        not less than $1,000 for each violation and for each 
        additional day during which the violation continues.
          (2) Estimate of broker without carrier agreement.--If 
        a broker for transportation of household goods subject 
        to jurisdiction under subchapter I of chapter 135 makes 
        an estimate of the cost of transporting any such goods 
        before entering into an agreement with a carrier to 
        provide transportation of household goods subject to 
        such jurisdiction, the broker is liable to the United 
        States for a civil penalty of not less than $10,000 for 
        each violation.
          (3) Unauthorized transportation.--If a person 
        provides transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 or 
        provides broker services for such transportation 
        without being registered under chapter 139 to provide 
        such transportation or services as a motor carrier or 
        broker, as the case may be, such person is liable to 
        the United States for a civil penalty of not less than 
        $25,000 for each violation.
  (e) Violation Relating to Transportation of Household 
Goods.--Any person that knowingly engages in or knowingly 
authorizes an agent or other person--
          (1) to falsify documents used in the transportation 
        of household goods subject to jurisdiction under 
        subchapter I or III of chapter 135 which evidence the 
        weight of a shipment; or
          (2) to charge for accessorial services which are not 
        performed or for which the carrier is not entitled to 
        be compensated in any case in which such services are 
        not reasonably necessary in the safe and adequate 
        movement of the shipment;
is liable to the United States for a civil penalty of not less 
than $2,000 for each violation and of not less than $5,000 for 
each subsequent violation. Any State may bring a civil action 
in the United States district courts to compel a person to pay 
a civil penalty assessed under this subsection.
  (f) Venue.--Trial in a civil action under subsections (a) 
through (e) of this section is in the judicial district in 
which--
          (1) the carrier or broker has its principal office;
          (2) the carrier or broker was authorized to provide 
        transportation or service under this part when the 
        violation occurred;
          (3) the violation occurred; or
          (4) the offender is found.
Process in the action may be served in the judicial district of 
which the offender is an inhabitant or in which the offender 
may be found.
  (g) Business Entertainment Expenses.--
          (1) In general.--Any business entertainment expense 
        incurred by a water carrier providing transportation 
        subject to this part shall not constitute a violation 
        of this part if that expense would not be unlawful if 
        incurred by a person not subject to this part.
          (2) Cost of service.--Any business entertainment 
        expense subject to paragraph (1) that is paid or 
        incurred by a water carrier providing transportation 
        subject to this part shall not be taken into account in 
        determining the cost of service or the rate base for 
        purposes of section 13702.
  (h) Settlement of [Household Goods] Civil Penalties.--Nothing 
in this section shall be construed to prohibit the Secretary 
from accepting partial payment of a civil penalty as part of a 
settlement agreement in the public interest, or from holding 
imposition of any part of a civil penalty in abeyance.

           *       *       *       *       *       *       *


[SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES.]

Sec. 14916. Unlawful brokerage activities

  (a) Prohibited Activities.--A person may provide interstate 
brokerage services as a broker only if that person--
          (1) is registered under, and in compliance with, 
        section 13904; and
          (2) has satisfied the financial security requirements 
        under section 13906.
  (b) Exceptions.--Subsection (a) shall not apply to--
          (1) a non-vessel-operating common carrier (as defined 
        in section 40102 of title 46) or an ocean freight 
        forwarder (as defined in section 40102 of title 46) 
        when arranging for inland transportation as part of an 
        international through movement involving ocean 
        transportation between the United States and a foreign 
        port;
          (2) a customs broker licensed in accordance with 
        section 111.2 of title 19, Code of Federal Regulations, 
        only to the extent that the customs broker is engaging 
        in a movement under a customs bond or in a transaction 
        involving customs business, as defined by section 111.1 
        of title 19, Code of Federal Regulations; or
          (3) an indirect air carrier holding a Standard 
        Security Program approved by the Transportation 
        Security Administration, only to the extent that the 
        indirect air carrier is engaging in the activities as 
        an air carrier as defined in section 40102(2) or in the 
        activities defined in section 40102(3).
  (c) Civil Penalties and Private Cause of Action.--Any person 
who knowingly authorizes, consents to, or permits, directly or 
indirectly, either alone or in conjunction with any other 
person, a violation of subsection (a) is liable--
          (1) to the United States Government for a civil 
        penalty in an amount not to exceed $10,000 for each 
        violation; and
          (2) to the injured party for all valid claims 
        incurred without regard to amount.
  (d) Liable Parties.--The liability for civil penalties and 
for claims under this section for unauthorized brokering shall 
apply, jointly and severally--
          (1) to any corporate entity or partnership involved; 
        and
          (2) to the individual officers, directors, and 
        principals of such entities.

           *       *       *       *       *       *       *


SUBTITLE V--RAIL PROGRAMS

           *       *       *       *       *       *       *


PART A--SAFETY

           *       *       *       *       *       *       *


CHAPTER 201--GENERAL

           *       *       *       *       *       *       *


SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY

           *       *       *       *       *       *       *


Sec. 20157. Implementation of positive train control systems

  (a) In General.--
          (1) Plan required.--Not later than [18 months after 
        the date of enactment of the Rail Safety Improvement 
        Act of 2008] 90 days after the date of enactment of the 
        Positive Train Control Enforcement and Implementation 
        Act of 2015, each Class I railroad carrier and each 
        entity providing regularly scheduled intercity or 
        commuter rail passenger transportation shall [develop 
        and] submit to the Secretary of Transportation [a plan 
        for implementing] a revised plan for implementing a 
        positive train control system by [December 31, 2015] 
        December 31, 2018, governing operations on--
                  (A) its main line over which intercity rail 
                passenger transportation or commuter rail 
                passenger transportation, as defined in section 
                24102, is regularly provided;
                  (B) its main line over which poison- or 
                toxic-by-inhalation hazardous materials, as 
                defined in [parts] sections 171.8, 173.115, and 
                173.132 of title 49, Code of Federal 
                Regulations, are transported; and
                  (C) such other tracks as the Secretary may 
                prescribe by regulation or order.
          [(2) Implementation.--The plan shall describe how it 
        will provide for interoperability of the system with 
        movements of trains of other railroad carriers over its 
        lines and shall, to the extent practical, implement the 
        system in a manner that addresses areas of greater risk 
        before areas of lesser risk. The railroad carrier shall 
        implement a positive train control system in accordance 
        with the plan.]
          (2) Implementation.--
                  (A) Contents of revised plan.--A revised plan 
                required under paragraph (1) shall--
                          (i) describe--
                                  (I) how the positive train 
                                control system will provide for 
                                interoperability of the system 
                                with the movements of trains of 
                                other railroad carriers over 
                                its lines; and
                                  (II) how, to the extent 
                                practical, the positive train 
                                control system will be 
                                implemented in a manner that 
                                addresses areas of greater risk 
                                before areas of lesser risk;
                          (ii) comply with the positive train 
                        control system implementation plan 
                        content requirements under section 
                        236.1011 of title 49, Code of Federal 
                        Regulations; and
                          (iii) provide--
                                  (I) the calendar year or 
                                years in which spectrum will be 
                                acquired and will be available 
                                for use in each area as needed 
                                for positive train control 
                                system implementation, if such 
                                spectrum is not already 
                                acquired and available for use;
                                  (II) the total amount of 
                                positive train control system 
                                hardware that will be installed 
                                for implementation, with totals 
                                separated by each major 
                                hardware category;
                                  (III) the total amount of 
                                positive train control system 
                                hardware that will be installed 
                                by the end of each calendar 
                                year until the positive train 
                                control system is implemented, 
                                with totals separated by each 
                                hardware category;
                                  (IV) the total number of 
                                employees required to receive 
                                training under the applicable 
                                positive train control system 
                                regulations;
                                  (V) the total number of 
                                employees that will receive the 
                                training, as required under the 
                                applicable positive train 
                                control system regulations, by 
                                the end of each calendar year 
                                until the positive train 
                                control system is implemented;
                                  (VI) a summary of any 
                                remaining technical, 
                                programmatic, operational, or 
                                other challenges to the 
                                implementation of a positive 
                                train control system, including 
                                challenges with--
                                          (aa) availability of 
                                        public funding;
                                          (bb) 
                                        interoperability;
                                          (cc) spectrum;
                                          (dd) software;
                                          (ee) permitting; and
                                          (ff) testing, 
                                        demonstration, and 
                                        certification; and
                                  (VII) a schedule and sequence 
                                for implementing a positive 
                                train control system by the 
                                deadline established under 
                                paragraph (1).
                  (B) Alternative schedule and sequence.--
                Notwithstanding the implementation deadline 
                under paragraph (1) and in lieu of a schedule 
                and sequence under paragraph (2)(A)(iii)(VII), 
                a railroad carrier or other entity subject to 
                paragraph (1) may include in its revised plan 
                an alternative schedule and sequence for 
                implementing a positive train control system, 
                subject to review under paragraph (3). Such 
                schedule and sequence shall provide for 
                implementation of a positive train control 
                system as soon as practicable, but not later 
                than the date that is 24 months after the 
                implementation deadline under paragraph (1).
                  (C) Amendments.--A railroad carrier or other 
                entity subject to paragraph (1) may file a 
                request to amend a revised plan, including any 
                alternative schedule and sequence, as 
                applicable, in accordance with section 236.1021 
                of title 49, Code of Federal Regulations.
                  (D) Compliance.--A railroad carrier or other 
                entity subject to paragraph (1) shall implement 
                a positive train control system in accordance 
                with its revised plan, including any amendments 
                or any alternative schedule and sequence 
                approved by the Secretary under paragraph (3).
          (3) Secretarial review.--
                  (A) Notification.--A railroad carrier or 
                other entity that submits a revised plan under 
                paragraph (1) and proposes an alternative 
                schedule and sequence under paragraph (2)(B) 
                shall submit to the Secretary a written 
                notification when such railroad carrier or 
                other entity is prepared for review under 
                subparagraph (B).
                  (B) Criteria.--Not later than 90 days after a 
                railroad carrier or other entity submits a 
                notification under subparagraph (A), the 
                Secretary shall review the alternative schedule 
                and sequence submitted pursuant to paragraph 
                (2)(B) and determine whether the railroad 
                carrier or other entity has demonstrated, to 
                the satisfaction of the Secretary, that such 
                carrier or entity has--
                          (i) installed all positive train 
                        control system hardware consistent with 
                        the plan contents provided pursuant to 
                        paragraph (2)(A)(iii)(II) on or before 
                        the implementation deadline under 
                        paragraph (1);
                          (ii) acquired all spectrum necessary 
                        for implementation of a positive train 
                        control system, consistent with the 
                        plan contents provided pursuant to 
                        paragraph (2)(A)(iii)(I) on or before 
                        the implementation deadline under 
                        paragraph (1);
                          (iii) completed employee training 
                        required under the applicable positive 
                        train control system regulations;
                          (iv) included in its revised plan an 
                        alternative schedule and sequence for 
                        implementing a positive train control 
                        system as soon as practicable, pursuant 
                        to paragraph (2)(B);
                          (v) certified to the Secretary in 
                        writing that it will be in full 
                        compliance with the requirements of 
                        this section on or before the date 
                        provided in an alternative schedule and 
                        sequence, subject to approval by the 
                        Secretary;
                          (vi) in the case of a Class I 
                        railroad carrier and Amtrak, 
                        implemented a positive train control 
                        system or initiated revenue service 
                        demonstration on the majority of 
                        territories, such as subdivisions or 
                        districts, or route miles that are 
                        owned or controlled by such carrier and 
                        required to have operations governed by 
                        a positive train control system; and
                          (vii) in the case of any other 
                        railroad carrier or other entity not 
                        subject to clause (vi)--
                                  (I) initiated revenue service 
                                demonstration on at least 1 
                                territory that is required to 
                                have operations governed by a 
                                positive train control system; 
                                or
                                  (II) met any other criteria 
                                established by the Secretary.
                  (C) Decision.--
                          (i) In general.--Not later than 90 
                        days after the receipt of the 
                        notification from a railroad carrier or 
                        other entity under subparagraph (A), 
                        the Secretary shall--
                                  (I) approve an alternative 
                                schedule and sequence submitted 
                                pursuant to paragraph (2)(B) if 
                                the railroad carrier or other 
                                entity meets the criteria in 
                                subparagraph (B); and
                                  (II) notify in writing the 
                                railroad carrier or other 
                                entity of the decision.
                          (ii) Deficiencies.--Not later than 45 
                        days after the receipt of the 
                        notification under subparagraph (A), 
                        the Secretary shall provide to the 
                        railroad carrier or other entity a 
                        written notification of any 
                        deficiencies that would prevent 
                        approval under clause (i) and provide 
                        the railroad carrier or other entity an 
                        opportunity to correct deficiencies 
                        before the date specified in such 
                        clause.
                  (D) Revised deadlines.--
                          (i) Pending reviews.--For a railroad 
                        carrier or other entity that submits a 
                        notification under subparagraph (A), 
                        the deadline for implementation of a 
                        positive train control system required 
                        under paragraph (1) shall be extended 
                        until the date on which the Secretary 
                        approves or disapproves the alternative 
                        schedule and sequence, if such date is 
                        later than the implementation date 
                        under paragraph (1).
                          (ii) Alternative schedule and 
                        sequence deadline.--If the Secretary 
                        approves a railroad carrier or other 
                        entity's alternative schedule and 
                        sequence under subparagraph (C)(i), the 
                        railroad carrier or other entity's 
                        deadline for implementation of a 
                        positive train control system required 
                        under paragraph (1) shall be the date 
                        specified in that railroad carrier or 
                        other entity's alternative schedule and 
                        sequence. The Secretary may not approve 
                        a date for implementation that is later 
                        than 24 months from the deadline in 
                        paragraph (1).
  (b) Technical Assistance.--The Secretary may provide 
technical assistance and guidance to railroad carriers in 
developing the plans required under subsection (a).
  [(c) Review and Approval.--Not later than 90 days after the 
Secretary receives a plan, the Secretary shall review and 
approve or disapprove it. If the proposed plan is not approved, 
the Secretary shall notify the affected railroad carrier or 
other entity as to the specific areas in which the proposed 
plan is deficient, and the railroad carrier or other entity 
shall correct all deficiencies within 30 days following receipt 
of written notice from the Secretary. The Secretary shall 
annually conduct a review to ensure that the railroad carriers 
are complying with their plans.
  [(d) Report.--Not later than December 31, 2012, the Secretary 
shall transmit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate on the progress of the railroad carriers in implementing 
such positive train control systems.
  [(e) Enforcement.--The Secretary is authorized to assess 
civil penalties pursuant to chapter 213 for a violation of this 
section, including the failure to submit or comply with a plan 
for implementing positive train control under subsection (a).]
  (c) Progress Reports and Review.--
          (1) Progress reports.--Each railroad carrier or other 
        entity subject to subsection (a) shall, not later than 
        March 31, 2016, and annually thereafter until such 
        carrier or entity has completed implementation of a 
        positive train control system, submit to the Secretary 
        a report on the progress toward implementing such 
        systems, including--
                  (A) the information on spectrum acquisition 
                provided pursuant to subsection 
                (a)(2)(A)(iii)(I);
                  (B) the totals provided pursuant to 
                subclauses (III) and (V) of subsection 
                (a)(2)(A)(iii), by territory, if applicable;
                  (C) the extent to which the railroad carrier 
                or other entity is complying with the 
                implementation schedule under subsection 
                (a)(2)(A)(iii)(VII) or subsection (a)(2)(B);
                  (D) any update to the information provided 
                under subsection (a)(2)(A)(iii)(VI);
                  (E) for each entity providing regularly 
                scheduled intercity or commuter rail passenger 
                transportation, a description of the resources 
                identified and allocated to implement a 
                positive train control system;
                  (F) for each railroad carrier or other entity 
                subject to subsection (a), the total number of 
                route miles on which a positive train control 
                system has been initiated for revenue service 
                demonstration or implemented, as compared to 
                the total number of route miles required to 
                have a positive train control system under 
                subsection (a); and
                  (G) any other information requested by the 
                Secretary.
          (2) Plan review.--The Secretary shall at least 
        annually conduct reviews to ensure that railroad 
        carriers or other entities are complying with the 
        revised plan submitted under subsection (a), including 
        any amendments or any alternative schedule and sequence 
        approved by the Secretary. Such railroad carriers or 
        other entities shall provide such information as the 
        Secretary determines necessary to adequately conduct 
        such reviews.
          (3) Public availability.--Not later than 60 days 
        after receipt, the Secretary shall make available to 
        the public on the Internet Web site of the Department 
        of Transportation any report submitted pursuant to 
        paragraph (1) or subsection (d), but may exclude, as 
        the Secretary determines appropriate--
                  (A) proprietary information; and
                  (B) security-sensitive information, including 
                information described in section 1520.5(a) of 
                title 49, Code of Federal Regulations.
  (d) Report to Congress.--Not later than July 1, 2018, the 
Secretary shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on the progress of each railroad carrier or 
other entity subject to subsection (a) in implementing a 
positive train control system.
  (e) Enforcement.--The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 for--
          (1) a violation of this section;
          (2) the failure to submit or comply with the revised 
        plan required under subsection (a), including the 
        failure to comply with the totals provided pursuant to 
        subclauses (III) and (V) of subsection (a)(2)(A)(iii) 
        and the spectrum acquisition dates provided pursuant to 
        subsection (a)(2)(A)(iii)(I);
          (3) failure to comply with any amendments to such 
        revised plan pursuant to subsection (a)(2)(C); and
          (4) the failure to comply with an alternative 
        schedule and sequence submitted under subsection 
        (a)(2)(B) and approved by the Secretary under 
        subsection (a)(3)(C).
  (f) Other Railroad Carriers.--Nothing in this section 
restricts the discretion of the Secretary to require railroad 
carriers other than those specified in subsection (a) to 
implement a positive train control system pursuant to this 
section or section 20156, or to specify the period by which 
implementation shall occur that does not exceed the time limits 
established in this section or section 20156. In exercising 
such discretion, the Secretary shall, at a minimum, consider 
the risk to railroad employees and the public associated with 
the operations of the railroad carrier.
  (g) Regulations.--[The Secretary]
          (1) In general._The Secretary shall prescribe 
        regulations or issue orders necessary to implement this 
        section, including regulations specifying in 
        appropriate technical detail the essential 
        functionalities of positive train control systems, and 
        the means by which those systems will be qualified.
          (2) Conforming regulatory amendments.--Immediately 
        after the date of the enactment of the Positive Train 
        Control Enforcement and Implementation Act of 2015, the 
        Secretary--
                  (A) shall remove or revise the date-specific 
                deadlines in the regulations or orders 
                implementing this section to the extent 
                necessary to conform with the amendments made 
                by such Act; and
                  (B) may not enforce any such date-specific 
                deadlines or requirements that are inconsistent 
                with the amendments made by such Act.
          (3) Review.--Nothing in the Positive Train Control 
        Enforcement and Implementation Act of 2015, or the 
        amendments made by such Act, shall be construed to 
        require the Secretary to issue regulations to implement 
        such Act or amendments other than the regulatory 
        amendments required by paragraph (2) and subsection 
        (k).
  (h) Certification.--[The Secretary]
          (1) In general._The Secretary shall not permit the 
        installation of any positive train control system or 
        component in revenue service unless the Secretary has 
        certified that any such system or component has been 
        approved through the approval process set forth in part 
        236 of title 49, Code of Federal Regulations, and 
        complies with the requirements of that part.
          (2) Provisional operation.--Notwithstanding the 
        requirements of paragraph (1), the Secretary may 
        authorize a railroad carrier or other entity to 
        commence operation in revenue service of a positive 
        train control system or component to the extent 
        necessary to enable the safe implementation and 
        operation of a positive train control system in phases.
  (i) Definitions.--In this section:
          (1) Equivalent or greater level of safety.--The term 
        ``equivalent or greater level of safety'' means the 
        compliance of a railroad carrier with--
                  (A) appropriate operating rules in place 
                immediately prior to the use or implementation 
                of such carrier's positive train control 
                system, except that such rules may be changed 
                by such carrier to improve safe operations; and
                  (B) all applicable safety regulations, except 
                as specified in subsection (j).
          (2) Hardware.--The term ``hardware'' means a 
        locomotive apparatus, a wayside interface unit 
        (including any associated legacy signal system 
        replacements), switch position monitors needed for a 
        positive train control system, physical back office 
        system equipment, a base station radio, a wayside 
        radio, a locomotive radio, or a communication tower or 
        pole.
          [(1)] (3) Interoperability.--The term 
        ``interoperability'' means the ability to control 
        locomotives of the host railroad and tenant railroad to 
        communicate with and respond to the positive train 
        control system, including uninterrupted movements over 
        property boundaries.
          [(2)] (4) Main line.--The term ``main line'' means a 
        segment or route of railroad tracks over which 
        5,000,000 or more gross tons of railroad traffic is 
        transported annually, except that--
                  (A) the Secretary may, through regulations 
                under subsection (g), designate additional 
                tracks as main line as appropriate for this 
                section; and
                  (B) for intercity rail passenger 
                transportation or commuter rail passenger 
                transportation routes or segments over which 
                limited or no freight railroad operations 
                occur, the Secretary shall define the term 
                ``main line'' by regulation.
          [(3)] (5) Positive train control system.--The term 
        ``positive train control system'' means a system 
        designed to prevent train-to-train collisions, over-
        speed derailments, incursions into established work 
        zone limits, and the movement of a train through a 
        switch left in the wrong position.
  (j) Early Adoption.--
          (1) Operations.--From the date of enactment of the 
        Positive Train Control Enforcement and Implementation 
        Act of 2015 through the 1-year period beginning on the 
        date on which the last Class I railroad carrier's 
        positive train control system subject to subsection (a) 
        is certified by the Secretary under subsection (h)(1) 
        of this section and is implemented on all of that 
        railroad carrier's lines required to have operations 
        governed by a positive train control system, any 
        railroad carrier, including any railroad carrier that 
        has its positive train control system certified by the 
        Secretary, shall not be subject to the operational 
        restrictions set forth in sections 236.567 and 236.1029 
        of title 49, Code of Federal Regulations, that would 
        apply where a controlling locomotive that is operating 
        in, or is to be operated in, a positive train control-
        equipped track segment experiences a positive train 
        control system failure, a positive train control 
        operated consist is not provided by another railroad 
        carrier when provided in interchange, or a positive 
        train control system otherwise fails to initialize, 
        cuts out, or malfunctions, provided that such carrier 
        operates at an equivalent or greater level of safety 
        than the level achieved immediately prior to the use or 
        implementation of its positive train control system.
          (2) Safety assurance.--During the period described in 
        paragraph (1), if a positive train control system that 
        has been certified and implemented fails to initialize, 
        cuts out, or malfunctions, the affected railroad 
        carrier or other entity shall make reasonable efforts 
        to determine the cause of the failure and adjust, 
        repair, or replace any faulty component causing the 
        system failure in a timely manner.
          (3) Plans.--The positive train control safety plan 
        for each railroad carrier or other entity shall 
        describe the safety measures, such as operating rules 
        and actions to comply with applicable safety 
        regulations, that will be put in place during any 
        system failure.
          (4) Notification.--During the period described in 
        paragraph (1), if a positive train control system that 
        has been certified and implemented fails to initialize, 
        cuts out, or malfunctions, the affected railroad 
        carrier or other entity shall submit a notification to 
        the appropriate regional office of the Federal Railroad 
        Administration within 7 days of the system failure, or 
        under alternative location and deadline requirements 
        set by the Secretary, and include in the notification a 
        description of the safety measures the affected 
        railroad carrier or other entity has in place.
  (k) Small Railroads.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall amend section 
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations 
(relating to equipping locomotives for applicable Class II and 
Class III railroads operating in positive train control 
territory) to extend each deadline under such section by 3 
years.
  (l) Revenue Service Demonstration.--When a railroad carrier 
or other entity subject to (a)(1) notifies the Secretary it is 
prepared to initiate revenue service demonstration, it shall 
also notify any applicable tenant railroad carrier or other 
entity subject to subsection (a)(1).

           *       *       *       *       *       *       *


SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *


PART B--COMMERCIAL

           *       *       *       *       *       *       *


              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

            SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS

Sec.
31100. Purpose.
     * * * * * * *
[31102. Grants to States.
[31103. United States Government's share of costs.
[31104. Availability of amounts.]
31102. Motor carrier safety assistance program.
31103. Commercial motor vehicle operators grant program.
31104. Authorization of appropriations.
     * * * * * * *
[31107. Border enforcement grants.]
     * * * * * * *
[31109. Performance and registration information system management.]
31110. Authorization of appropriations.
     * * * * * * *

SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS

           *       *       *       *       *       *       *


[Sec. 31102. Grants to States

  [(a) General Authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
materials transportation safety, and compatible State 
regulations, standards, and orders.
  [(b) Motor Carrier Safety Assistance Program.--
          [(1) Program goal.--The goal of the Motor Carrier 
        Safety Assistance Program is to ensure that the 
        Secretary, States, local government agencies, and other 
        political jurisdictions 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--
                  [(A) making targeted investments to promote 
                safe commercial motor vehicle transportation, 
                including transportation of passengers and 
                hazardous materials;
                  [(B) investing in activities likely to 
                generate maximum reductions in the number and 
                severity of commercial motor vehicle crashes 
                and fatalities resulting from such crashes;
                  [(C) adopting and enforcing effective motor 
                carrier, commercial motor vehicle, and driver 
                safety regulations and practices consistent 
                with Federal requirements; and
                  [(D) assessing and improving statewide 
                performance by setting program goals and 
                meeting performance standards, measures, and 
                benchmarks.
          [(2) The Secretary shall prescribe procedures for a 
        State to submit a plan under which the State agrees to 
        assume responsibility for improving motor carrier 
        safety and to adopt and enforce regulations, standards, 
        and orders of the Government on commercial motor 
        vehicle safety, hazardous materials transportation 
        safety, or compatible State regulations, standards, and 
        orders. The Secretary shall approve the plan if the 
        Secretary decides the plan is adequate to promote the 
        objectives of this section and the plan--
                  [(A) implements performance-based activities, 
                including deployment of technology to enhance 
                the efficiency and effectiveness of commercial 
                motor vehicle safety programs;
                  [(B) designates the State motor vehicle 
                safety agency responsible for administering the 
                plan throughout the State;
                  [(C) contains satisfactory assurances the 
                agency has or will have the legal authority, 
                resources, and qualified personnel necessary to 
                enforce the regulations, standards, and orders;
                  [(D) contains satisfactory assurances the 
                State will devote adequate amounts to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  [(E) provides that the total expenditure of 
                amounts of the State and its political 
                subdivisions (not including amounts of the 
                Government) for commercial motor vehicle safety 
                programs for enforcement of commercial motor 
                vehicle size and weight limitations, drug 
                interdiction, and State traffic safety laws and 
                regulations under subsection (c) of this 
                section will be maintained at a level at least 
                equal to the average level of that expenditure 
                for the 3 full fiscal years beginning after 
                October 1 of the year 5 years prior to the 
                beginning of each Government fiscal year.
                  [(F) provides a right of entry and inspection 
                to carry out the plan;
                  [(G) provides that all reports required under 
                this section be submitted to the agency and 
                that the agency will make the reports available 
                to the Secretary on request;
                  [(H) provides that the agency will adopt the 
                reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations 
                the Secretary prescribes;
                  [(I) requires registrants of commercial motor 
                vehicles to demonstrate knowledge of applicable 
                safety regulations, standards, and orders of 
                the Government and the State;
                  [(J) provides that the State will grant 
                maximum reciprocity for inspections conducted 
                under the North American Inspection Standard 
                through the use of a nationally accepted system 
                that allows ready identification of previously 
                inspected commercial motor vehicles;
                  [(K) ensures that activities described in 
                subsection (c)(1) of this section, if financed 
                with grants under subsection (a) of this 
                section, will not diminish the effectiveness of 
                the development and implementation of 
                commercial motor vehicle safety programs 
                described in subsection (a);
                  [(L) ensures that the State agency will 
                coordinate the plan, data collection, and 
                information systems with State highway safety 
                programs under title 23;
                  [(M) ensures participation in appropriate 
                Federal Motor Carrier Safety Administration 
                systems and other information systems by all 
                appropriate jurisdictions receiving Motor 
                Carrier Safety Assistance Program funding;
                  [(N) ensures that information is exchanged 
                among the States in a timely manner;
                  [(O) 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;
                  [(P) provides satisfactory assurances that 
                the State will promote activities in support of 
                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) interdiction activities 
                        affecting the transportation of 
                        controlled substances by commercial 
                        motor vehicle drivers and training on 
                        appropriate strategies for carrying out 
                        those interdiction activities;
                  [(Q) provides that the State has established 
                and dedicated sufficient resources to a program 
                to ensure that--
                          [(i) accurate, complete, and timely 
                        motor carrier safety data is collected 
                        and reported to the Secretary; and
                          [(ii) the State will participate in a 
                        national motor carrier safety data 
                        correction system prescribed by the 
                        Secretary;
                  [(R) ensures that the State will cooperate in 
                the enforcement of registration requirements 
                under section 13902 and financial 
                responsibility requirements under sections 
                13906, 31138, and 31139 and regulations issued 
                thereunder;
                  [(S) ensures consistent, effective, and 
                reasonable sanctions;
                  [(T) ensures that roadside inspections will 
                be conducted at a location that is adequate to 
                protect the safety of drivers and enforcement 
                personnel;
                  [(U) provides that the State will include in 
                the training manual for the licensing 
                examination to drive a noncommercial motor 
                vehicle and a commercial motor vehicle, 
                information on best practices for driving 
                safely in the vicinity of noncommercial and 
                commercial motor vehicles;
                  [(V) provides that the State will enforce the 
                registration requirements of section 13902 by 
                prohibiting the operation of any vehicle 
                discovered to be operated by a motor carrier 
                without a registration issued under such 
                section or to operate beyond the scope of such 
                registration;
                  [(W) 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;
                  [(X) except in the case of an imminent or 
                obvious safety hazard, ensures that an 
                inspection of a vehicle transporting passengers 
                for a motor carrier of passengers is conducted 
                at a station, terminal, border crossing, 
                maintenance facility, destination, or other 
                location where a motor carrier may make a 
                planned stop.; and
                  [(Y) ensures that the State will transmit to 
                its roadside inspectors the notice of each 
                Federal exemption granted pursuant to section 
                31315(b) and provided to the State by the 
                Secretary, including the name of the person 
                granted the exemption and any terms and 
                conditions that apply to the exemption.
          [(3) If the Secretary disapproves a plan under this 
        subsection, the Secretary shall give the State a 
        written explanation and allow the State to modify and 
        resubmit the plan for approval.
          [(4) Maintenance of effort.--
                  [(A) In general.--A plan submitted by a State 
                under paragraph (2) shall provide that the 
                total expenditure of amounts of the lead State 
                agency responsible for implementing the plan 
                will be maintained at a level at least equal to 
                the average level of that expenditure for 
                fiscal years 2004 and 2005.
                  [(B) Average level of state expenditures.--In 
                estimating the average level of State 
                expenditure under subparagraph (A), the 
                Secretary--
                          [(i) may allow the State to exclude 
                        State expenditures for Government-
                        sponsored demonstration or pilot 
                        programs; and
                          [(ii) shall require the State to 
                        exclude State matching amounts used to 
                        receive Government financing under this 
                        subsection.
                  [(C) Waiver.--Upon the request of a State, 
                the Secretary may waive or modify the 
                requirements of this paragraph for 1 fiscal 
                year, if the Secretary determines that a waiver 
                is equitable due to exceptional or 
                uncontrollable circumstances, such as a natural 
                disaster or a serious decline in the financial 
                resources of the State motor carrier safety 
                assistance program agency.
  [(c) Use of Grants To Enforce Other Laws.--A State may use 
amounts received under a grant under subsection (a)--
          [(1) for the following activities if the activities 
        are carried out in conjunction with an appropriate 
        inspection of the commercial motor vehicle to enforce 
        Government or State commercial motor vehicle safety 
        regulations:
                  [(A) enforcement of commercial motor vehicle 
                size and weight limitations at locations other 
                than fixed weight facilities, at specific 
                locations such as 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 the unlawful presence of a 
                controlled substance (as defined under section 
                102 of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 802)) in a 
                commercial motor vehicle or on the person of 
                any occupant (including the operator) of the 
                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 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 2003, 2004, and 2005; except that the 
        State may not use more than 5 percent of the basic 
        amount the State receives under the grant under 
        subsection (a) for enforcement activities relating to 
        noncommercial motor vehicles described in this 
        paragraph unless the Secretary determines a higher 
        percentage will result in significant increases in 
        commercial motor vehicle safety.
  [(d) Continuous Evaluation of Plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State 
with a plan approved under this section and the Secretary's own 
investigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out the plan. If 
the Secretary finds, after notice and opportunity for comment, 
the State plan previously approved is not being followed or has 
become inadequate to ensure enforcement of the regulations, 
standards, or orders, the Secretary shall withdraw approval of 
the plan and notify the State. The plan stops being effective 
when the notice is received. A State adversely affected by the 
withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain 
jurisdiction in administrative or judicial proceedings begun 
before the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal.
  [(e) Annual Report.--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 an annual report that--
          [(1) analyzes commercial motor vehicle safety trends 
        among the States and documents the most effective 
        commercial motor vehicle safety programs implemented 
        with grants under this section; and
          [(2) describes the effect of activities carried out 
        with grants made under this section on commercial motor 
        vehicle safety.

[Sec. 31103. United States Government's share of costs

  [(a) Commercial Motor Vehicle Safety Programs and 
Enforcement.--The Secretary of Transportation shall reimburse a 
State, from a grant made under this subchapter, an amount that 
is not more than 80 percent of the costs incurred by the State 
in a fiscal year in developing and implementing programs to 
improve commercial motor vehicle safety and enforce commercial 
motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In 
determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State and its 
political subdivisions required to be expended under section 
31102(b)(2)(E) of this title may not be included as part of the 
share not provided by the United States Government. Amounts 
generated under the unified carrier registration agreement 
under section 14504a and received by a State and used for motor 
carrier safety purposes may be included as part of the State's 
share not provided by the United States. The Secretary may 
allocate among the States whose applications for grants have 
been approved those amounts appropriated for grants to support 
those programs, under criteria that may be established.
  [(b) Other Activities.--The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent 
for public education activities.]

Sec. 31102. Motor carrier safety assistance program

  (a) In General.--The Secretary of Transportation shall 
administer a motor carrier safety assistance program funded 
under section 31104.
  (b) Goal.--The goal of the program is to ensure that the 
Secretary, States, local governments, other political 
jurisdictions, federally recognized Indian tribes, and other 
persons work in partnership to establish programs to improve 
motor carrier, commercial motor vehicle, and driver safety to 
support a safe and efficient surface transportation system by--
          (1) making targeted investments to promote safe 
        commercial motor vehicle transportation, including the 
        transportation of passengers and hazardous materials;
          (2) investing in activities likely to generate 
        maximum reductions in the number and severity of 
        commercial motor vehicle crashes and in fatalities 
        resulting from such crashes;
          (3) adopting and enforcing effective motor carrier, 
        commercial motor vehicle, and driver safety regulations 
        and practices consistent with Federal requirements; and
          (4) assessing and improving statewide performance by 
        setting program goals and meeting performance 
        standards, measures, and benchmarks.
  (c) State Plans.--
          (1) In general.--In carrying out the program, the 
        Secretary shall prescribe procedures for a State to 
        submit a multiple-year plan, and annual updates 
        thereto, under which the State agrees to assume 
        responsibility for improving motor carrier safety by 
        adopting and enforcing State regulations, standards, 
        and orders that are compatible with the regulations, 
        standards, and orders of the Federal Government on 
        commercial motor vehicle safety and hazardous materials 
        transportation safety.
          (2) Contents.--The Secretary shall approve a State 
        plan if the Secretary determines that the plan is 
        adequate to comply with the requirements of this 
        section, and the plan--
                  (A) implements performance-based activities, 
                including deployment and maintenance of 
                technology to enhance the efficiency and 
                effectiveness of commercial motor vehicle 
                safety programs;
                  (B) designates a lead State commercial motor 
                vehicle safety agency responsible for 
                administering the plan throughout the State;
                  (C) contains satisfactory assurances that the 
                lead State commercial motor vehicle safety 
                agency has or will have the legal authority, 
                resources, and qualified personnel necessary to 
                enforce the regulations, standards, and orders;
                  (D) contains satisfactory assurances that the 
                State will devote adequate resources to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  (E) provides a right of entry and inspection 
                to carry out the plan;
                  (F) provides that all reports required under 
                this section be available to the Secretary on 
                request;
                  (G) provides that the lead State commercial 
                motor vehicle safety agency will adopt the 
                reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations 
                that the Secretary prescribes;
                  (H) requires all registrants of commercial 
                motor vehicles to demonstrate knowledge of 
                applicable safety regulations, standards, and 
                orders of the Federal Government and the State;
                  (I) provides that the State will grant 
                maximum reciprocity for inspections conducted 
                under the North American Inspection Standards 
                through the use of a nationally accepted system 
                that allows ready identification of previously 
                inspected commercial motor vehicles;
                  (J) ensures that activities described in 
                subsection (h), if financed through grants to 
                the State made under this section, will not 
                diminish the effectiveness of the development 
                and implementation of the programs to improve 
                motor carrier, commercial motor vehicle, and 
                driver safety as described in subsection (b);
                  (K) ensures that the lead State commercial 
                motor vehicle safety agency will coordinate the 
                plan, data collection, and information systems 
                with the State highway safety improvement 
                program required under section 148(c) of title 
                23;
                  (L) ensures participation in appropriate 
                Federal Motor Carrier Safety Administration 
                information technology and data systems and 
                other information systems by all appropriate 
                jurisdictions receiving motor carrier safety 
                assistance program funding;
                  (M) ensures that information is exchanged 
                among the States in a timely manner;
                  (N) provides satisfactory assurances that the 
                State will undertake efforts that will 
                emphasize and improve enforcement of State and 
                local traffic safety laws and regulations 
                related to commercial motor vehicle safety;
                  (O) provides satisfactory assurances that the 
                State will address national priorities and 
                performance goals, including--
                          (i) activities aimed at removing 
                        impaired commercial motor vehicle 
                        drivers from the highways of the United 
                        States through adequate enforcement of 
                        regulations on the use of alcohol and 
                        controlled substances and by ensuring 
                        ready roadside access to alcohol 
                        detection and measuring equipment;
                          (ii) activities aimed at providing an 
                        appropriate level of training to State 
                        motor carrier safety assistance program 
                        officers and employees on recognizing 
                        drivers impaired by alcohol or 
                        controlled substances; and
                          (iii) when conducted with an 
                        appropriate commercial motor vehicle 
                        inspection, criminal interdiction 
                        activities, and appropriate strategies 
                        for carrying out those interdiction 
                        activities, including interdiction 
                        activities that affect the 
                        transportation of controlled substances 
                        (as defined in section 102 of the 
                        Comprehensive Drug Abuse Prevention and 
                        Control Act of 1970 (21 U.S.C. 802) and 
                        listed in part 1308 of title 21, Code 
                        of Federal Regulations, as updated and 
                        republished from time to time) by any 
                        occupant of a commercial motor vehicle;
                  (P) provides that the State has established 
                and dedicated sufficient resources to a program 
                to ensure that--
                          (i) the State collects and reports to 
                        the Secretary accurate, complete, and 
                        timely motor carrier safety data; and
                          (ii) the State participates in a 
                        national motor carrier safety data 
                        correction system prescribed by the 
                        Secretary;
                  (Q) ensures that the State will cooperate in 
                the enforcement of financial responsibility 
                requirements under sections 13906, 31138, and 
                31139 and regulations issued under those 
                sections;
                  (R) ensures consistent, effective, and 
                reasonable sanctions;
                  (S) ensures that roadside inspections will be 
                conducted at locations that are adequate to 
                protect the safety of drivers and enforcement 
                personnel;
                  (T) provides that the State will include in 
                the training manuals for the licensing 
                examination to drive noncommercial motor 
                vehicles and commercial motor vehicles 
                information on best practices for driving 
                safely in the vicinity of noncommercial and 
                commercial motor vehicles;
                  (U) provides that the State will enforce the 
                registration requirements of sections 13902 and 
                31134 by prohibiting the operation of any 
                vehicle discovered to be operated by a motor 
                carrier without a registration issued under 
                those sections or to be operated beyond the 
                scope of the motor carrier's registration;
                  (V) provides that the State will conduct 
                comprehensive and highly visible traffic 
                enforcement and commercial motor vehicle safety 
                inspection programs in high-risk locations and 
                corridors;
                  (W) except in the case of an imminent hazard 
                or obvious safety hazard, ensures that an 
                inspection of a vehicle transporting passengers 
                for a motor carrier of passengers is conducted 
                at a bus station, terminal, border crossing, 
                maintenance facility, destination, or other 
                location where a motor carrier may make a 
                planned stop (excluding a weigh station);
                  (X) ensures that the State will transmit to 
                its roadside inspectors notice of each Federal 
                exemption granted under section 31315(b) of 
                this title and sections 390.23 and 390.25 of 
                title 49, Code of Federal Regulations, and 
                provided to the State by the Secretary, 
                including the name of the person that received 
                the exemption and any terms and conditions that 
                apply to the exemption;
                  (Y) except as provided in subsection (d), 
                provides that the State--
                          (i) will conduct safety audits of 
                        interstate and, at the State's 
                        discretion, intrastate new entrant 
                        motor carriers under section 31144(g); 
                        and
                          (ii) if the State authorizes a third 
                        party to conduct safety audits under 
                        section 31144(g) on its behalf, the 
                        State verifies the quality of the work 
                        conducted and remains solely 
                        responsible for the management and 
                        oversight of the activities;
                  (Z) provides that the State agrees to fully 
                participate in the performance and registration 
                information systems management under section 
                31106(b) not later than October 1, 2020, by 
                complying with the conditions for participation 
                under paragraph (3) of that section, or 
                demonstrates to the Secretary an alternative 
                approach for identifying and immobilizing a 
                motor carrier with serious safety deficiencies 
                in a manner that provides an equivalent level 
                of safety;
                  (AA) in the case of a State that shares a 
                land border with another country, provides that 
                the State--
                          (i) will conduct a border commercial 
                        motor vehicle safety program focusing 
                        on international commerce that includes 
                        enforcement and related projects; or
                          (ii) will forfeit all funds 
                        calculated by the Secretary based on 
                        border-related activities if the State 
                        declines to conduct the program 
                        described in clause (i) in its plan; 
                        and
                  (BB) in the case of a State that meets the 
                other requirements of this section and agrees 
                to comply with the requirements established in 
                subsection (l)(3), provides that the State may 
                fund operation and maintenance costs associated 
                with innovative technology deployment under 
                subsection (l)(3) with motor carrier safety 
                assistance program funds authorized under 
                section 31104(a)(1).
          (3) Publication.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary shall publish each approved State 
                multiple-year plan, and each annual update 
                thereto, on a publically accessible Internet 
                Web site of the Department of Transportation 
                not later than 30 days after the date the 
                Secretary approves the plan or update.
                  (B) Limitation.--Before publishing an 
                approved State multiple-year plan or annual 
                update under subparagraph (A), the Secretary 
                shall redact any information identified by the 
                State that, if disclosed--
                          (i) would reasonably be expected to 
                        interfere with enforcement proceedings; 
                        or
                          (ii) would reveal enforcement 
                        techniques or procedures that would 
                        reasonably be expected to risk 
                        circumvention of the law.
  (d) Exclusion of U.S. Territories.--The requirement that a 
State conduct safety audits of new entrant motor carriers under 
subsection (c)(2)(Y) does not apply to a territory of the 
United States unless required by the Secretary.
  (e) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws, including regulations, with Federal motor carrier 
safety regulations to be enforced under subsections (b) and 
(c). To the extent practicable, the guidelines and standards 
shall allow for maximum flexibility while ensuring a degree of 
uniformity that will not diminish motor vehicle safety.
  (f) Maintenance of Effort.--
          (1) Baseline.--Except as provided under paragraphs 
        (2) and (3) and in accordance with section 5106 of the 
        Surface Transportation Reauthorization and Reform Act 
        of 2015, a State plan under subsection (c) shall 
        provide that the total expenditure of amounts of the 
        lead State commercial motor vehicle safety agency 
        responsible for administering the plan will be 
        maintained at a level each fiscal year that is at least 
        equal to--
                  (A) the average level of that expenditure for 
                fiscal years 2004 and 2005; or
                  (B) the level of that expenditure for the 
                year in which the Secretary implements a new 
                allocation formula under section 5106 of the 
                Surface Transportation Reauthorization and 
                Reform Act of 2015.
          (2) Adjusted baseline after fiscal year 2017.--At the 
        request of a State, the Secretary may evaluate 
        additional documentation related to the maintenance of 
        effort and may make reasonable adjustments to the 
        maintenance of effort baseline after the year in which 
        the Secretary implements a new allocation formula under 
        section 5106 of the Surface Transportation 
        Reauthorization and Reform Act of 2015, and this 
        adjusted baseline will replace the maintenance of 
        effort requirement under paragraph (1).
          (3) Waivers.--At the request of a State, the 
        Secretary may waive or modify the requirements of this 
        subsection for a total of 1 fiscal year if the 
        Secretary determines that the waiver or modification is 
        reasonable, based on circumstances described by the 
        State, to ensure the continuation of commercial motor 
        vehicle enforcement activities in the State.
          (4) Level of state expenditures.--In estimating the 
        average level of a State's expenditures under paragraph 
        (1), the Secretary--
                  (A) may allow the State to exclude State 
                expenditures for federally sponsored 
                demonstration and pilot programs and strike 
                forces;
                  (B) may allow the State to exclude 
                expenditures for activities related to border 
                enforcement and new entrant safety audits; and
                  (C) shall require the State to exclude State 
                matching amounts used to receive Federal 
                financing under section 31104.
  (g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a and received by a State 
and used for motor carrier safety purposes may be included as 
part of the State's match required under section 31104 or 
maintenance of effort required by subsection (f).
  (h) Use of Grants to Enforce Other Laws.--When approved as 
part of a State's plan under subsection (c), the State may use 
motor carrier safety assistance program funds received under 
this section--
          (1) if the activities are carried out in conjunction 
        with an appropriate inspection of a commercial motor 
        vehicle to enforce Federal or State commercial motor 
        vehicle safety regulations, for--
                  (A) enforcement of commercial motor vehicle 
                size and weight limitations at locations, 
                excluding fixed-weight facilities, such as near 
                steep grades or mountainous terrains, where the 
                weight of a commercial motor vehicle can 
                significantly affect the safe operation of the 
                vehicle, or at ports where intermodal shipping 
                containers enter and leave the United States; 
                and
                  (B) detection of and enforcement actions 
                taken as a result of criminal activity, 
                including the trafficking of human beings, in a 
                commercial motor vehicle or by any occupant, 
                including the operator, of the commercial motor 
                vehicle; and
          (2) for documented enforcement of State traffic laws 
        and regulations designed to promote the safe operation 
        of commercial motor vehicles, including documented 
        enforcement of such laws and regulations relating to 
        noncommercial motor vehicles when necessary to promote 
        the safe operation of commercial motor vehicles, if--
                  (A) the number of motor carrier safety 
                activities, including roadside safety 
                inspections, conducted in the State is 
                maintained at a level at least equal to the 
                average level of such activities conducted in 
                the State in fiscal years 2004 and 2005; and
                  (B) the State does not use more than 10 
                percent of the basic amount the State receives 
                under a grant awarded under section 31104(a)(1) 
                for enforcement activities relating to 
                noncommercial motor vehicles necessary to 
                promote the safe operation of commercial motor 
                vehicles unless the Secretary determines that a 
                higher percentage will result in significant 
                increases in commercial motor vehicle safety.
  (i) Evaluation of Plans and Award of Grants.--
          (1) Awards.--The Secretary shall establish criteria 
        for the application, evaluation, and approval of State 
        plans under this section. Subject to subsection (j), 
        the Secretary may allocate the amounts made available 
        under section 31104(a)(1) among the States.
          (2) Opportunity to cure.--If the Secretary 
        disapproves a plan under this section, the Secretary 
        shall give the State a written explanation of the 
        reasons for disapproval and allow the State to modify 
        and resubmit the plan for approval.
  (j) Allocation of Funds.--
          (1) In general.--The Secretary, by regulation, shall 
        prescribe allocation criteria for funds made available 
        under section 31104(a)(1).
          (2) Annual allocations.--On October 1 of each fiscal 
        year, or as soon as practicable thereafter, and after 
        making a deduction under section 31104(c), the 
        Secretary shall allocate amounts made available under 
        section 31104(a)(1) to carry out this section for the 
        fiscal year among the States with plans approved under 
        this section in accordance with the criteria prescribed 
        under paragraph (1).
          (3) Elective adjustments.--Subject to the 
        availability of funding and notwithstanding 
        fluctuations in the data elements used by the Secretary 
        to calculate the annual allocation amounts, after the 
        creation of a new allocation formula under section 5106 
        of the Surface Transportation Reauthorization and 
        Reform Act of 2015, the Secretary may not make elective 
        adjustments to the allocation formula that decrease a 
        State's Federal funding levels by more than 3 percent 
        in a fiscal year. The 3 percent limit shall not apply 
        to the withholding provisions of subsection (k).
  (k) Plan Monitoring.--
          (1) In general.--On the basis of reports submitted by 
        the lead State agency responsible for administering a 
        State plan approved under this section and an 
        investigation by the Secretary, the Secretary shall 
        periodically evaluate State implementation of and 
        compliance with the State plan.
          (2) Withholding of funds.--
                  (A) Disapproval.--If, after notice and an 
                opportunity to be heard, the Secretary finds 
                that a State plan previously approved under 
                this section is not being followed or has 
                become inadequate to ensure enforcement of 
                State regulations, standards, or orders 
                described in subsection (c)(1), or the State is 
                otherwise not in compliance with the 
                requirements of this section, the Secretary may 
                withdraw approval of the State plan and notify 
                the State. Upon the receipt of such notice, the 
                State plan shall no longer be in effect and the 
                Secretary shall withhold all funding to the 
                State under this section.
                  (B) Noncompliance withholding.--In lieu of 
                withdrawing approval of a State plan under 
                subparagraph (A), the Secretary may, after 
                providing notice to the State and an 
                opportunity to be heard, withhold funding from 
                the State to which the State would otherwise be 
                entitled under this section for the period of 
                the State's noncompliance. In exercising this 
                option, the Secretary may withhold--
                          (i) up to 5 percent of funds during 
                        the fiscal year that the Secretary 
                        notifies the State of its 
                        noncompliance;
                          (ii) up to 10 percent of funds for 
                        the first full fiscal year of 
                        noncompliance;
                          (iii) up to 25 percent of funds for 
                        the second full fiscal year of 
                        noncompliance; and
                          (iv) not more than 50 percent of 
                        funds for the third and any subsequent 
                        full fiscal year of noncompliance.
          (3) Judicial review.--A State adversely affected by a 
        determination under paragraph (2) may seek judicial 
        review under chapter 7 of title 5. Notwithstanding the 
        disapproval of a State plan under paragraph (2)(A) or 
        the withholding of funds under paragraph (2)(B), the 
        State may retain jurisdiction in an administrative or a 
        judicial proceeding that commenced before the notice of 
        disapproval or withholding if the issues involved are 
        not related directly to the reasons for the disapproval 
        or withholding.
  (l) High Priority Program.--
          (1) In general.--The Secretary shall administer a 
        high priority program funded under section 31104 for 
        the purposes described in paragraphs (2) and (3).
          (2) Activities related to motor carrier safety.--The 
        Secretary may make discretionary grants to and enter 
        into cooperative agreements with States, local 
        governments, federally recognized Indian tribes, other 
        political jurisdictions as necessary, and any person to 
        carry out high priority activities and projects that 
        augment motor carrier safety activities and projects 
        planned in accordance with subsections (b) and (c), 
        including activities and projects that--
                  (A) increase public awareness and education 
                on commercial motor vehicle safety;
                  (B) target unsafe driving of commercial motor 
                vehicles and noncommercial motor vehicles in 
                areas identified as high risk crash corridors;
                  (C) improve the safe and secure movement of 
                hazardous materials;
                  (D) improve safe transportation of goods and 
                persons in foreign commerce;
                  (E) demonstrate new technologies to improve 
                commercial motor vehicle safety;
                  (F) support participation in performance and 
                registration information systems management 
                under section 31106(b)--
                          (i) for entities not responsible for 
                        submitting the plan under subsection 
                        (c); or
                          (ii) for entities responsible for 
                        submitting the plan under subsection 
                        (c)--
                                  (I) before October 1, 2020, 
                                to achieve compliance with the 
                                requirements of participation; 
                                and
                                  (II) beginning on October 1, 
                                2020, or once compliance is 
                                achieved, whichever is sooner, 
                                for special initiatives or 
                                projects that exceed routine 
                                operations required for 
                                participation;
                  (G) conduct safety data improvement 
                projects--
                          (i) that complete or exceed the 
                        requirements under subsection (c)(2)(P) 
                        for entities not responsible for 
                        submitting the plan under subsection 
                        (c); or
                          (ii) that exceed the requirements 
                        under subsection (c)(2)(P) for entities 
                        responsible for submitting the plan 
                        under subsection (c); and
                  (H) otherwise improve commercial motor 
                vehicle safety and compliance with commercial 
                motor vehicle safety regulations.
          (3) Innovative technology deployment grant program.--
                  (A) In general.--The Secretary shall 
                establish an innovative technology deployment 
                grant program to make discretionary grants 
                funded under section 31104(a)(2) to eligible 
                States for the innovative technology deployment 
                of commercial motor vehicle information systems 
                and networks.
                  (B) Purposes.--The purposes of the program 
                shall be--
                          (i) to advance the technological 
                        capability and promote the deployment 
                        of intelligent transportation system 
                        applications for commercial motor 
                        vehicle operations, including 
                        commercial motor vehicle, commercial 
                        driver, and carrier-specific 
                        information systems and networks; and
                          (ii) to support and maintain 
                        commercial motor vehicle information 
                        systems and networks--
                                  (I) to link Federal motor 
                                carrier safety information 
                                systems with State commercial 
                                motor vehicle systems;
                                  (II) to improve the safety 
                                and productivity of commercial 
                                motor vehicles and drivers; and
                                  (III) to reduce costs 
                                associated with commercial 
                                motor vehicle operations and 
                                Federal and State commercial 
                                motor vehicle regulatory 
                                requirements.
                  (C) Eligibility.--To be eligible for a grant 
                under this paragraph, a State shall--
                          (i) have a commercial motor vehicle 
                        information systems and networks 
                        program plan approved by the Secretary 
                        that describes the various systems and 
                        networks at the State level that need 
                        to be refined, revised, upgraded, or 
                        built to accomplish deployment of 
                        commercial motor vehicle information 
                        systems and networks capabilities;
                          (ii) certify to the Secretary that 
                        its commercial motor vehicle 
                        information systems and networks 
                        deployment activities, including 
                        hardware procurement, software and 
                        system development, and infrastructure 
                        modifications--
                                  (I) are consistent with the 
                                national intelligent 
                                transportation systems and 
                                commercial motor vehicle 
                                information systems and 
                                networks architectures and 
                                available standards; and
                                  (II) promote interoperability 
                                and efficiency to the extent 
                                practicable; and
                          (iii) agree to execute 
                        interoperability tests developed by the 
                        Federal Motor Carrier Safety 
                        Administration to verify that its 
                        systems conform with the national 
                        intelligent transportation systems 
                        architecture, applicable standards, and 
                        protocols for commercial motor vehicle 
                        information systems and networks.
                  (D) Use of funds.--Grant funds received under 
                this paragraph may be used--
                          (i) for deployment activities and 
                        activities to develop new and 
                        innovative advanced technology 
                        solutions that support commercial motor 
                        vehicle information systems and 
                        networks;
                          (ii) for planning activities, 
                        including the development or updating 
                        of program or top level design plans in 
                        order to become eligible or maintain 
                        eligibility under subparagraph (C); and
                          (iii) for the operation and 
                        maintenance costs associated with 
                        innovative technology.
                  (E) Secretary authorization.--The Secretary 
                is authorized to award a State funding for the 
                operation and maintenance costs associated with 
                innovative technology deployment with funds 
                made available under sections 31104(a)(1) and 
                31104(a)(2).

Sec. 31103. Commercial motor vehicle operators grant program

  (a) In General.--The Secretary shall administer a commercial 
motor vehicle operators grant program funded under section 
31104.
  (b) Purpose.--The purpose of the grant program is to train 
individuals in the safe operation of commercial motor vehicles 
(as defined in section 31301).
  (c) Veterans.--In administering grants under this section, 
the Secretary shall award priority to grant applications for 
programs to train former members of the armed forces (as 
defined in section 101 of title 10) in the safe operation of 
such vehicles.

Sec. 31104. Availability of amounts

  (a) In General.--Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out section 
31102--
          (1) $188,480,000 for fiscal year 2005;
          (2) $188,000,000 for fiscal year 2006;
          (3) $197,000,000 for fiscal year 2007;
          (4) $202,000,000 for fiscal year 2008;
          (5) $209,000,000 for fiscal year 2009;
          (6) $209,000,000 for fiscal year 2010;
          (7) $209,000,000 for fiscal year 2011;
          (8) $215,000,000 for fiscal year 2013;
          (9) $218,000,000 for fiscal year 2014;
          [(10) $218,000,000 for fiscal year 2015; and
          [(11) $17,273,224 for the period beginning on October 
        1, 2015, and ending on October 29, 2015.]
          (10) $218,000,000 for fiscal year 2015; and
          (11) $241,480,000 for fiscal year 2016.
  (b) Availability and Reallocation of Amounts.--Amounts made 
available under subsection (a) of this section remain available 
until expended. Allocations to a State remain available for 
expenditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended by 
a State during those 2 fiscal years are released to the 
Secretary for reallocation.
  (c) Reimbursement for Government's Share of Costs.--Amounts 
made available under subsection (a) of this section shall be 
used to reimburse States proportionately for the United States 
Government's share of costs incurred.
  (d) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant to a State under section 31102 of this 
title is a contractual obligation of the Government for payment 
of the Government's share of costs incurred by the State in 
developing, implementing, or developing and implementing 
programs to enforce commercial motor vehicle regulations, 
standards, and orders.
  (e) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more 
than 1.25 percent of those amounts for administrative expenses 
incurred in carrying out section 31102 of this title in that 
fiscal year. The Secretary shall use at least 75 percent of 
those deducted amounts to train non-Government employees and to 
develop related training materials in carrying out section 
31102.
  (f) Allocation Criteria and Eligibility.--On October 1 of 
each fiscal year or as soon after that date as practicable and 
after making the deduction under subsection (e), the Secretary 
shall allocate amounts made available to carry out section 
31102 for such fiscal year among the States with plans approved 
under section 31102. Such allocation shall be made under such 
criteria as the Secretary prescribes by regulation.
  (g) Payment to States for Costs.--Each State shall submit 
vouchers for costs the State incurs under this section and 
section 31102 of this title. The Secretary shall pay the State 
an amount not more than the Government share of costs incurred 
as of the date of the vouchers.
  (h) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws and regulations with Government motor carrier 
safety regulations to be enforced under section 31102(a) of 
this title. To the extent practicable, the guidelines and 
standards shall allow for maximum flexibility while ensuring 
the degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or 
making grants under section 153 of title 23, the Secretary 
shall ensure that the guidelines and standards are applied 
uniformly.
  [(i) Administrative Expenses.--
          [(1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) for the 
        Secretary of Transportation to pay administrative 
        expenses of the Federal Motor Carrier Safety 
        Administration--
                  [(A) $254,849,000 for fiscal year 2005;
                  [(B) $213,000,000 for fiscal year 2006;
                  [(C) $223,000,000 for fiscal year 2007;
                  [(D) $228,000,000 for fiscal year 2008;
                  [(E) $234,000,000 for fiscal year 2009;
                  [(F) $239,828,000 for fiscal year 2010;
                  [(G) $244,144,000 for fiscal year 2011;
                  [(H) $251,000,000 for fiscal year 2013;
                  [(I) $259,000,000 for fiscal year 2014;
                  [(J) $259,000,000 for fiscal year 2015; and
                  [(K) $20,521,858 for the period beginning on 
                October 1, 2015, and ending on October 29, 
                2015.
          [(2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs; 
        administrative infrastructure; rent; information 
        technology; programs for research and technology, 
        information management, regulatory development, the 
        administration of the performance and registration 
        information system management, and outreach and 
        education; other operating expenses; and such other 
        expenses as may from time to time become necessary to 
        implement statutory mandates of the Administration not 
        funded from other sources.]
  [(j)] (i) Availability of Funds; Contract Authority.--
          (1) Period of availability.--The amounts made 
        available under this section shall remain available 
        until expended.
          (2) Initial date of availability.--Authorizations 
        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.
          (3) Contract authority.--Approval by the Secretary of 
        a grant with funds made available under this section 
        imposes upon the United States a contractual obligation 
        for payment of the Government's share of costs incurred 
        in carrying out the objectives of the grant.
  [(k)] (j) High-Priority Activities.--
          (1) Criteria.--The Secretary shall establish safety 
        performance criteria to be used to distribute high 
        priority program funds under this subsection.
          (2) Set aside.--The Secretary may set aside from 
        amounts made available by subsection (a) up to 
        $15,000,000 for each of fiscal years 2006 through 2015 
        and up to $1,188,525 for the period beginning on 
        October 1, [2015] 2016, and ending on October 29, 2015, 
        for States, local governments, and organizations 
        representing government agencies or officials described 
        in paragraph (3) for carrying out high priority 
        activities and projects that improve commercial motor 
        vehicle safety and compliance with commercial motor 
        vehicle safety regulations (including activities and 
        projects that are national in scope), increase public 
        awareness and education, demonstrate new technologies, 
        and reduce the number and rate of accidents involving 
        commercial motor vehicles.
          (3) Description of recipients.--Amounts set aside 
        under this subsection shall be allocated by the 
        Secretary only to State agencies, local governments, 
        and organizations representing government agencies or 
        officials that use and train qualified officers and 
        employees in coordination with State motor vehicle 
        safety agencies.
          (4) Limitation.--At least 90 percent of the amounts 
        set aside for a fiscal year under this subsection shall 
        be awarded in grants to State agencies and local 
        government agencies.
[Pursuant to subsections (c) and (f) of section 5101 of H.R. 
3763 (as reported), section 31104 of title 49, United States 
Code, as amended by other provisions of this bill and in effect 
on October 1, 2016, is further amended (including a conforming 
amendment to the table of sections) as follows:]

[Sec. 31104. Availability of amounts

  [(a) In General.--Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out section 
31102--
          [(1) $188,480,000 for fiscal year 2005;
          [(2) $188,000,000 for fiscal year 2006;
          [(3) $197,000,000 for fiscal year 2007;
          [(4) $202,000,000 for fiscal year 2008;
          [(5) $209,000,000 for fiscal year 2009;
          [(6) $209,000,000 for fiscal year 2010;
          [(7) $209,000,000 for fiscal year 2011;
          [(8) $215,000,000 for fiscal year 2013;
          [(9) $218,000,000 for fiscal year 2014;
          [(10) $218,000,000 for fiscal year 2015; and
          [(11) $241,480,000 for fiscal year 2016.
  [(b) Availability and Reallocation of Amounts.--Amounts made 
available under subsection (a) of this section remain available 
until expended. Allocations to a State remain available for 
expenditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended by 
a State during those 2 fiscal years are released to the 
Secretary for reallocation.
  [(c) Reimbursement for Government's Share of Costs.--Amounts 
made available under subsection (a) of this section shall be 
used to reimburse States proportionately for the United States 
Government's share of costs incurred.
  [(d) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant to a State under section 31102 of this 
title is a contractual obligation of the Government for payment 
of the Government's share of costs incurred by the State in 
developing, implementing, or developing and implementing 
programs to enforce commercial motor vehicle regulations, 
standards, and orders.
  [(e) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more 
than 1.25 percent of those amounts for administrative expenses 
incurred in carrying out section 31102 of this title in that 
fiscal year. The Secretary shall use at least 75 percent of 
those deducted amounts to train non-Government employees and to 
develop related training materials in carrying out section 
31102.
  [(f) Allocation Criteria and Eligibility.--On October 1 of 
each fiscal year or as soon after that date as practicable and 
after making the deduction under subsection (e), the Secretary 
shall allocate amounts made available to carry out section 
31102 for such fiscal year among the States with plans approved 
under section 31102. Such allocation shall be made under such 
criteria as the Secretary prescribes by regulation.
  [(g) Payment to States for Costs.--Each State shall submit 
vouchers for costs the State incurs under this section and 
section 31102 of this title. The Secretary shall pay the State 
an amount not more than the Government share of costs incurred 
as of the date of the vouchers.
  [(h) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws and regulations with Government motor carrier 
safety regulations to be enforced under section 31102(a) of 
this title. To the extent practicable, the guidelines and 
standards shall allow for maximum flexibility while ensuring 
the degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or 
making grants under section 153 of title 23, the Secretary 
shall ensure that the guidelines and standards are applied 
uniformly.
  [(i) Availability of Funds; Contract Authority.--
          [(1) Period of availability.--The amounts made 
        available under this section shall remain available 
        until expended.
          [(2) Initial date of availability.--Authorizations 
        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.
          [(3) Contract authority.--Approval by the Secretary 
        of a grant with funds made available under this section 
        imposes upon the United States a contractual obligation 
        for payment of the Government's share of costs incurred 
        in carrying out the objectives of the grant.
  [(j) High-Priority Activities.--
          [(1) Criteria.--The Secretary shall establish safety 
        performance criteria to be used to distribute high 
        priority program funds under this subsection.
          [(2) Set aside.--The Secretary may set aside from 
        amounts made available by subsection (a) up to 
        $15,000,000 for each of fiscal years 2006 through 2015 
        and up to $1,188,525 for the period beginning on 
        October 1, 2016, and ending on October 29, 2015, for 
        States, local governments, and organizations 
        representing government agencies or officials described 
        in paragraph (3) for carrying out high priority 
        activities and projects that improve commercial motor 
        vehicle safety and compliance with commercial motor 
        vehicle safety regulations (including activities and 
        projects that are national in scope), increase public 
        awareness and education, demonstrate new technologies, 
        and reduce the number and rate of accidents involving 
        commercial motor vehicles.
          [(3) Description of recipients.--Amounts set aside 
        under this subsection shall be allocated by the 
        Secretary only to State agencies, local governments, 
        and organizations representing government agencies or 
        officials that use and train qualified officers and 
        employees in coordination with State motor vehicle 
        safety agencies.
          [(4) Limitation.--At least 90 percent of the amounts 
        set aside for a fiscal year under this subsection shall 
        be awarded in grants to State agencies and local 
        government agencies.]

Sec. 31104. Authorization of appropriations

  (a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account):
          (1) Motor carrier safety assistance program.--Subject 
        to paragraph (2) and subsection (c), to carry out 
        section 31102--
                  (A) $278,242,684 for fiscal year 2017;
                  (B) $293,685,550 for fiscal year 2018;
                  (C) $308,351,227 for fiscal year 2019;
                  (D) $323,798,553 for fiscal year 2020; and
                  (E) $339,244,023 for fiscal year 2021.
          (2) High priority activities program.--Subject to 
        subsection (c), to make grants and cooperative 
        agreements under section 31102(l), the Secretary may 
        set aside from amounts made available under paragraph 
        (1) up to--
                  (A) $40,798,780 for fiscal year 2017;
                  (B) $41,684,114 for fiscal year 2018;
                  (C) $42,442,764 for fiscal year 2019;
                  (D) $43,325,574 for fiscal year 2020; and
                  (E) $44,209,416 for fiscal year 2021.
          (3) Commercial motor vehicle operators grant 
        program.--To carry out section 31103--
                  (A) $1,000,000 for fiscal year 2017;
                  (B) $1,000,000 for fiscal year 2018;
                  (C) $1,000,000 for fiscal year 2019;
                  (D) $1,000,000 for fiscal year 2020; and
                  (E) $1,000,000 for fiscal year 2021.
          (4) Commercial driver's license program 
        implementation program.--Subject to subsection (c), to 
        carry out section 31313--
                  (A) $30,958,536 for fiscal year 2017;
                  (B) $31,630,336 for fiscal year 2018;
                  (C) $32,206,008 for fiscal year 2019;
                  (D) $32,875,893 for fiscal year 2020; and
                  (E) $33,546,562 for fiscal year 2021.
  (b) Reimbursement and Payment to Recipients for Government 
Share of Costs.--
          (1) In general.--Amounts made available under 
        subsection (a) shall be used to reimburse financial 
        assistance recipients proportionally for the Federal 
        Government's share of the costs incurred.
          (2) Reimbursement amounts.--The Secretary shall 
        reimburse a recipient, in accordance with a financial 
        assistance agreement made under section 31102, 31103, 
        or 31313, an amount that is at least 85 percent of the 
        costs incurred by the recipient in a fiscal year in 
        developing and implementing programs under such 
        sections. The Secretary shall pay the recipient an 
        amount not more than the Federal Government share of 
        the total costs approved by the Federal Government in 
        the financial assistance agreement. The Secretary shall 
        include a recipient's in-kind contributions in 
        determining the reimbursement.
          (3) Vouchers.--Each recipient shall submit vouchers 
        at least quarterly for costs the recipient incurs in 
        developing and implementing programs under sections 
        31102, 31103, and 31313.
  (c) Deductions for Partner Training and Program Support.--On 
October 1 of each fiscal year, or as soon after that date as 
practicable, the Secretary may deduct from amounts made 
available under paragraphs (1), (2), and (4) of subsection (a) 
for that fiscal year not more than 1.50 percent of those 
amounts for partner training and program support in that fiscal 
year. The Secretary shall use at least 75 percent of those 
deducted amounts to train non-Federal Government employees and 
to develop related training materials in carrying out such 
programs.
  (d) Grants and Cooperative Agreements as Contractual 
Obligations.--The approval of a financial assistance agreement 
by the Secretary under section 31102, 31103, or 31313 is a 
contractual obligation of the Federal Government for payment of 
the Federal Government's share of costs in carrying out the 
provisions of the grant or cooperative agreement.
  (e) Eligible Activities.--The Secretary shall establish 
criteria for eligible activities to be funded with financial 
assistance agreements under this section and publish those 
criteria in a notice of funding availability before the 
financial assistance program application period.
  (f) Period of Availability of Financial Assistance Agreement 
Funds for Recipient Expenditures.--The period of availability 
for a recipient to expend funds under a grant or cooperative 
agreement authorized under subsection (a) is as follows:
          (1) For grants made for carrying out section 31102, 
        other than section 31102(l), for the fiscal year in 
        which the Secretary approves the financial assistance 
        agreement and for the next fiscal year.
          (2) For grants made or cooperative agreements entered 
        into for carrying out section 31102(l)(2), for the 
        fiscal year in which the Secretary approves the 
        financial assistance agreement and for the next 2 
        fiscal years.
          (3) For grants made for carrying out section 
        31102(l)(3), for the fiscal year in which the Secretary 
        approves the financial assistance agreement and for the 
        next 4 fiscal years.
          (4) For grants made for carrying out section 31103, 
        for the fiscal year in which the Secretary approves the 
        financial assistance agreement and for the next fiscal 
        year.
          (5) For grants made or cooperative agreements entered 
        into for carrying out section 31313, for the fiscal 
        year in which the Secretary approves the financial 
        assistance agreement and for the next 4 fiscal years.
  (g) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the 
Mass Transit Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or 
on October 1 of the fiscal year for which they are authorized, 
whichever occurs first.
  (h) Availability of Funding.--Amounts made available under 
this section shall remain available until expended.

           *       *       *       *       *       *       *


Sec. 31106. Information systems

  (a) Information Systems and Data Analysis.--
          (1) In general.--Subject to the provisions of this 
        section, the Secretary shall establish and operate 
        motor carrier, commercial motor vehicle, and driver 
        information systems and data analysis programs to 
        support safety regulatory and enforcement activities 
        required under this title.
          (2) Network coordination.--In cooperation with the 
        States, the information systems under this section 
        shall be coordinated into a network providing accurate 
        identification of motor carriers and drivers, 
        commercial motor vehicle registration and license 
        tracking, and motor carrier, commercial motor vehicle, 
        and driver safety performance data.
          (3) Data analysis capacity and programs.--The 
        Secretary shall develop and maintain under this section 
        data analysis capacity and programs that provide the 
        means to--
                  (A) identify and collect necessary motor 
                carrier, commercial motor vehicle, and driver 
                data;
                  (B) evaluate the safety fitness of motor 
                carriers and drivers;
                  (C) develop strategies to mitigate safety 
                problems and to use data analysis to address 
                and measure the effectiveness of such 
                strategies and related programs;
                  (D) determine the cost-effectiveness of 
                Federal and State safety compliance and 
                enforcement programs and other countermeasures;
                  (E) adapt, improve, and incorporate other 
                information and information systems as the 
                Secretary determines appropriate;
                  (F) ensure, to the maximum extent practical, 
                all the data is complete, timely, and accurate 
                across all information systems and initiatives;
                  (G) establish and implement a national motor 
                carrier safety data correction system; and
                  (H) determine whether a person or employer is 
                or was related, through common ownership, 
                common management, common control, or common 
                familial relationship, to any other person, 
                employer, or any other applicant for 
                registration under section 13902 or 31134.
          (4) Standards.--To implement this section, the 
        Secretary shall prescribe technical and operational 
        standards to ensure--
                  (A) uniform, timely, and accurate information 
                collection and reporting by the States and 
                other entities as determined appropriate by the 
                Secretary;
                  (B) uniform Federal, State, and local 
                policies and procedures necessary to operate 
                the information system; and
                  (C) the reliability and availability of the 
                information to the Secretary and States.
  (b) Performance and Registration Information [Program] 
Systems Management.--
          (1) Information clearinghouse.--The Secretary shall 
        include, as part of the motor carrier information 
        system authorized by this section, a program to 
        establish and maintain a clearinghouse and repository 
        of information related to State registration and 
        licensing of commercial motor vehicles, the registrants 
        of such vehicles, and the motor carriers operating such 
        vehicles. The clearinghouse and repository may include 
        information on the safety fitness of each of the motor 
        carriers and registrants and other information the 
        Secretary considers appropriate, including information 
        on motor carrier, commercial motor vehicle, and driver 
        safety performance.
          (2) Design.--The program shall link Federal motor 
        carrier safety information systems with State 
        commercial vehicle registration and licensing systems 
        and shall be designed to enable a State to--
                  (A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  (B) deny, suspend, or revoke the commercial 
                motor vehicle registrations of a motor carrier 
                or registrant that has been issued an 
                operations out-of-service order by the 
                Secretary.
          (3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  (A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4);
                  (B) possess or seek the authority to possess 
                for a time period no longer than determined 
                reasonable by the Secretary, to impose 
                sanctions relating to commercial motor vehicle 
                registration on the basis of a Federal safety 
                fitness determination; and
                  (C) establish and implement a process--
                          (i) to cancel the motor vehicle 
                        registration and seize the registration 
                        plates of a vehicle when an employer is 
                        found liable under section 
                        31310(i)(2)(C) for knowingly allowing 
                        or requiring an employee to operate 
                        such a commercial motor vehicle in 
                        violation of an out-of-service order; 
                        and
                          (ii) to reinstate the vehicle 
                        registration or return the registration 
                        plates of the commercial motor vehicle, 
                        subject to sanctions under clause (i), 
                        if the Secretary permits such carrier 
                        to resume operations after the date of 
                        issuance of such order.
          [(4) Grants.--From the funds authorized by section 
        31104(i), the Secretary may make a grant in a fiscal 
        year to a State to implement the performance and 
        registration information system management requirements 
        of this subsection.]
  (c)(1) In General.--In coordination with the information 
system under section 31309, the Secretary is authorized to 
establish a program to improve commercial motor vehicle driver 
safety. The objectives of the program shall include--
          (A) enhancing the exchange of driver licensing 
        information among the States, the Federal Government, 
        and foreign countries;
          (B) providing information to the judicial system on 
        commercial motor vehicle drivers;
          (C) evaluating any aspect of driver performance that 
        the Secretary determines appropriate; and
          (D) developing appropriate strategies and 
        countermeasures to improve driver safety.
  (2) Access to records.--The Secretary may require a State, as 
a condition of an award of grant money under this section, to 
provide the Secretary access to all State licensing status and 
driver history records via an electronic information system, 
subject to section 2721 of title 18.
  (d) Cooperative Agreements, Grants, and Contracts.--The 
Secretary may carry out this section either independently or in 
cooperation with other Federal departments, agencies, and 
instrumentalities, or by making grants to, and entering into 
contracts and cooperative agreements with, States, local 
governments, associations, institutions, corporations, and 
other persons.
  (e)(1) Information Availability and Privacy Protection 
Policy.--The Secretary shall develop a policy on making 
information available from the information systems authorized 
by this section and section 31309. The policy shall be 
consistent with existing Federal information laws, including 
regulations, and shall provide for review and correction of 
such information in a timely manner.
  (2) In general.--Notwithstanding any prohibition on 
disclosure of information in section 31105(h) or 31143(b) of 
this title or section 552a of title 5, the Secretary may 
disclose information maintained by the Secretary pursuant to 
chapters 51, 135, 311, or 313 of this title to appropriate 
personnel of a State agency or instrumentality authorized to 
carry out State commercial motor vehicle safety activities and 
commercial driver's license laws, or appropriate personnel of a 
local law enforcement agency, in accordance with standards, 
conditions, and procedures as determined by the Secretary. 
Disclosure under this section shall not operate as a waiver by 
the Secretary of any applicable privilege against disclosure 
under common law or as a basis for compelling disclosure under 
section 552 of title 5.

[Sec. 31107. Border enforcement grants

  [(a) General Authority.--The Secretary of Transportation may 
make a grant in a fiscal year to an entity or State that shares 
a land border with another country for carrying out border 
commercial motor vehicle safety programs and related 
enforcement activities and projects.
  [(b) Governments Share of Costs.--The Secretary shall 
reimburse a State under a grant made under this section an 
amount that is not more than 100 percent of the costs incurred 
by the State in a fiscal year for carrying out border 
commercial motor vehicle safety programs and related 
enforcement activities and projects.
  [(c) Availability and Reallocation of Amounts.--Allocations 
to a State remain available for expenditure in the State for 
the fiscal year in which they are allocated and for the next 
fiscal year. Amounts not expended by a State during those 2 
fiscal years are available to the Secretary for reallocation 
under this section.

[Sec. 31109. Performance and registration information system management

  [The Secretary of Transportation may make a grant to a State 
to implement the performance and registration information 
system management requirements of section 31106(b).]

Sec. 31110. Authorization of appropriations

  (a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) for the Secretary of Transportation to pay 
administrative expenses of the Federal Motor Carrier Safety 
Administration--
          (1) $259,000,000 for fiscal year 2016;
          (2) $259,000,000 for fiscal year 2017;
          (3) $259,000,000 for fiscal year 2018;
          (4) $259,000,000 for fiscal year 2019;
          (5) $259,000,000 for fiscal year 2020; and
          (6) $259,000,000 for fiscal year 2021.
  (b) Use of Funds.--The funds authorized by this section shall 
be used for--
          (1) personnel costs;
          (2) administrative infrastructure;
          (3) rent;
          (4) information technology;
          (5) programs for research and technology, information 
        management, regulatory development, and the 
        administration of performance and registration 
        information systems management under section 31106(b);
          (6) programs for outreach and education under 
        subsection (c);
          (7) other operating expenses;
          (8) conducting safety reviews of new operators; and
          (9) such other expenses as may from time to time 
        become necessary to implement statutory mandates of the 
        Federal Motor Carrier Safety Administration not funded 
        from other sources.
  (c) Outreach and Education Program.--
          (1) In general.--The Secretary may conduct, through 
        any combination of grants, contracts, cooperative 
        agreements, and other activities, an internal and 
        external outreach and education program to be 
        administered by the Administrator of the Federal Motor 
        Carrier Safety Administration.
          (2) Federal share.--The Federal share of an outreach 
        and education project for which a grant, contract, or 
        cooperative agreement is made under this subsection may 
        be up to 100 percent of the cost of the project.
          (3) Funding.--From amounts made available under 
        subsection (a), the Secretary shall make available not 
        more than $4,000,000 each fiscal year.
  (d) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the 
Mass Transit Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or 
on October 1 of the fiscal year for which they are authorized, 
whichever occurs first.
  (e) Funding Availability.--Amounts made available under this 
section shall remain available until expended.
  (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.

              SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS

Sec. 31111. Length limitations

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Automobile transporter.--The term ``automobile 
        transporter'' means any vehicle combination designed 
        and used specifically for the transport of assembled 
        highway vehicles, including truck camper units.
          (2) Maxi-cube vehicle.--The term ``maxi-cube 
        vehicle'' means a truck tractor combined with a 
        semitrailer and a separable property-carrying unit 
        designed to be loaded and unloaded through the 
        semitrailer, with the length of the separable property-
        carrying unit being not more than 34 feet and the 
        length of the vehicle combination being not more than 
        65 feet.
          (3) Truck tractor.--The term ``truck tractor'' 
        means--
                  (A) a non-property-carrying power unit that 
                operates in combination with a semitrailer or 
                trailer; or
                  (B) a power unit that carries as property 
                only motor vehicles when operating in 
                combination with a semitrailer in transporting 
                motor vehicles.
          (4) Driveaway saddlemount vehicle transporter 
        combination.--The term ``driveaway saddlemount vehicle 
        transporter combination'' means a vehicle combination 
        designed and specifically used to tow up to 3 trucks or 
        truck tractors, each connected by a saddle to the frame 
        or fifth-wheel of the forward vehicle of the truck or 
        truck tractor in front of it. Such combination may 
        include one fullmount.
  (b) General Limitations.--(1) Except as provided in this 
section, a State may not prescribe or enforce a regulation of 
commerce that--
          (A) imposes a vehicle length limitation of less than 
        45 feet on a bus, of less than 48 feet on a semitrailer 
        operating in a truck tractor-semitrailer combination, 
        or of less than 28 feet on a semitrailer or trailer 
        operating in a truck tractor-semitrailer-trailer 
        combination, on any segment of the Dwight D. Eisenhower 
        System of Interstate and Defense Highways (except a 
        segment exempted under subsection (f) of this section) 
        and those classes of qualifying Federal-aid Primary 
        System highways designated by the Secretary of 
        Transportation under subsection (e) of this section;
          (B) imposes an overall length limitation on a 
        commercial motor vehicle operating in a truck tractor-
        semitrailer or truck tractor-semitrailer-trailer 
        combination;
          (C) has the effect of prohibiting the use of a 
        semitrailer or trailer of the same dimensions as those 
        that were in actual and lawful use in that State on 
        December 1, 1982;
          (D) imposes a vehicle length limitation of not less 
        than or more than 97 feet on all driveaway saddlemount 
        vehicle transporter combinations;
          (E) has the effect of prohibiting the use of an 
        existing semitrailer or trailer, of not more than 28.5 
        feet in length, in a truck tractor-semitrailer-trailer 
        combination if the semitrailer or trailer was operating 
        lawfully on December 1, 1982, within a 65-foot overall 
        length limit in any State; [or]
          (F) imposes a limitation of less than 46 feet on the 
        distance from the kingpin to the center of the rear 
        axle on trailers used exclusively or primarily in 
        connection with motorsports competition events[.]; or
          (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.
  (2) A length limitation prescribed or enforced by a State 
under paragraph (1)(A) of this subsection applies only to a 
semitrailer or trailer and not to a truck tractor.
  (c) Maxi-Cube and Vehicle Combination Limitations.--A State 
may not prohibit a maxi-cube vehicle or a commercial motor 
vehicle combination consisting of a truck tractor and 2 
trailing units on any segment of the Dwight D. Eisenhower 
System of Interstate and Defense Highways (except a segment 
exempted under subsection (f) of this section) and those 
classes of qualifying Federal-aid Primary System highways 
designated by the Secretary under subsection (e) of this 
section.
  (d) Exclusion of Safety and Energy Conservation Devices.--
Length calculated under this section does not include a safety 
or energy conservation device the Secretary decides is 
necessary for safe and efficient operation of a commercial 
motor vehicle. However, such a device may not have by its 
design or use the ability to carry cargo.
  (e) Qualifying Highways.--The Secretary by regulation shall 
designate as qualifying Federal-aid Primary System highways 
those highways of the Federal-aid Primary System in existence 
on June 1, 1991, that can accommodate safely the applicable 
vehicle lengths provided in this section.
  (f) Exemptions.--(1) If the chief executive officer of a 
State, after consulting under paragraph (2) of this subsection, 
decides a segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways is not capable of safely 
accommodating a commercial motor vehicle having a length 
described in subsection (b)(1)(A) of this section or the motor 
vehicle combination described in subsection (c) of this 
section, the chief executive officer may notify the Secretary 
of that decision and request the Secretary to exempt that 
segment from either or both provisions.
  (2) Before making a decision under paragraph (1) of this 
subsection, the chief executive officer shall consult with 
units of local government in the State in which the segment of 
the Dwight D. Eisenhower System of Interstate and Defense 
Highways is located and with the chief executive officer of any 
adjacent State that may be directly affected by the exemption. 
As part of the consultations, consideration shall be given to 
any potential alternative route that serves the area in which 
the segment is located and can safely accommodate a commercial 
motor vehicle having a length described in subsection (b)(1)(A) 
of this section or the motor vehicle combination described in 
subsection (c) of this section.
  (3) A chief executive officer's notification under this 
subsection must include specific evidence of safety problems 
supporting the officer's decision and the results of 
consultations about alternative routes.
  (4)(A) If the Secretary decides, on request of a chief 
executive officer or on the Secretary's own initiative, a 
segment of the Dwight D. Eisenhower System of Interstate and 
Defense Highways is not capable of safely accommodating a 
commercial motor vehicle having a length described in 
subsection (b)(1)(A) of this section or the motor vehicle 
combination described in subsection (c) of this section, the 
Secretary shall exempt the segment from either or both of those 
provisions. Before making a decision under this paragraph, the 
Secretary shall consider any possible alternative route that 
serves the area in which the segment is located.
  (B) The Secretary shall make a decision about a specific 
segment not later than 120 days after the date of receipt of 
notification from a chief executive officer under paragraph (1) 
of this subsection or the date on which the Secretary initiates 
action under subparagraph (A) of this paragraph, whichever is 
applicable. If the Secretary finds the decision will not be 
made in time, the Secretary immediately shall notify Congress, 
giving the reasons for the delay, information about the 
resources assigned, and the projected date for the decision.
  (C) Before making a decision, the Secretary shall give an 
interested person notice and an opportunity for comment. If the 
Secretary exempts a segment under this subsection before the 
final regulations under subsection (e) of this section are 
prescribed, the Secretary shall include the exemption as part 
of the final regulations. If the Secretary exempts the segment 
after the final regulations are prescribed, the Secretary shall 
publish the exemption as an amendment to the final regulations.
  (g) Accommodating Specialized Equipment.--In prescribing 
regulations to carry out this section, the Secretary may make 
decisions necessary to accommodate specialized equipment, 
including automobile and vessel transporters and maxi-cube 
vehicles.

           *       *       *       *       *       *       *


SUBCHAPTER III--SAFETY REGULATION

           *       *       *       *       *       *       *


Sec. 31136. United States Government regulations

  (a) Minimum Safety Standards.--Subject to section 30103(a) of 
this title, the Secretary of Transportation shall prescribe 
regulations on commercial motor vehicle safety. The regulations 
shall prescribe minimum safety standards for commercial motor 
vehicles. At a minimum, the regulations shall ensure that--
          (1) commercial motor vehicles are maintained, 
        equipped, loaded, and operated safely;
          (2) the responsibilities imposed on operators of 
        commercial motor vehicles do not impair their ability 
        to operate the vehicles safely;
          (3) the physical condition of operators of commercial 
        motor vehicles is adequate to enable them to operate 
        the vehicles safely and the periodic physical 
        examinations required of such operators are performed 
        by medical examiners who have received training in 
        physical and medical examination standards and, after 
        the national registry maintained by the Department of 
        Transportation under section 31149(d) is established, 
        are listed on such registry;
          (4) the operation of commercial motor vehicles does 
        not have a deleterious effect on the physical condition 
        of the operators; and
          (5) an operator of a commercial motor vehicle is not 
        coerced by a motor carrier, shipper, receiver, or 
        transportation intermediary to operate a commercial 
        motor vehicle in violation of a regulation promulgated 
        under this section, or chapter 51 or chapter 313 of 
        this title.
  (b) Eliminating and Amending Existing Regulations.--The 
Secretary may not eliminate or amend an existing motor carrier 
safety regulation related only to the maintenance, equipment, 
loading, or operation (including routing) of vehicles carrying 
material found to be hazardous under section 5103 of this title 
until an equivalent or more stringent regulation has been 
prescribed under section 5103.
  (c) Procedures and Considerations.--(1) A regulation under 
this section shall be prescribed under section 553 of title 5 
(without regard to sections 556 and 557 of title 5).
  (2) Before prescribing regulations under this section, the 
Secretary shall consider, to the extent practicable and 
consistent with the purposes of this chapter--
          (A) costs and benefits; and
          (B) State laws and regulations on commercial motor 
        vehicle safety, to minimize their unnecessary 
        preemption.
  (d) Effect of Existing Regulations.--If the Secretary does 
not prescribe regulations on commercial motor vehicle safety 
under this section, regulations on commercial motor vehicle 
safety prescribed by the Secretary before October 30, 1984, and 
in effect on October 30, 1984, shall be deemed in this 
subchapter to be regulations prescribed by the Secretary under 
this section.
  (e) Exemptions.--The Secretary may grant in accordance with 
section 31315 waivers and exemptions from, or conduct pilot 
programs with respect to, any regulations prescribed under this 
section.
  (f) Regulatory Impact Analysis.--Within each regulatory 
impact analysis of a proposed or final rule issued by the 
Federal Motor Carrier Safety Administration, the Secretary 
shall, whenever practicable--
          (1) consider the effects of the proposed or final 
        rule on different segments of the motor carrier 
        industry;
          (2) formulate estimates and findings based on the 
        best available science; and
          (3) utilize available data specific to the different 
        types of motor carriers, including small and large 
        carriers, and drivers that will be impacted by the 
        proposed or final rule.
  (g) Public Participation.--
          (1) In general.--If a proposed rule promulgated under 
        this part is likely to lead to the promulgation of a 
        major rule, the Secretary, before promulgating such 
        proposed rule, shall--
                  (A) issue an advance notice of proposed 
                rulemaking; or
                  (B) proceed with a negotiated rulemaking.
          (2) Requirements.--Each advance notice of proposed 
        rulemaking issued under paragraph (1) shall--
                  (A) identify the need for a potential 
                regulatory action;
                  (B) identify and request public comment on 
                the best available science or technical 
                information relevant to analyzing potential 
                regulatory alternatives;
                  (C) request public comment on the available 
                data and costs with respect to regulatory 
                alternatives reasonably likely to be considered 
                as part of the rulemaking; and
                  (D) request public comment on available 
                alternatives to regulation.
          (3) Waiver.--This subsection does not apply to a 
        proposed rule if the Secretary, for good cause, finds 
        (and incorporates the finding and a brief statement of 
        reasons for such finding in the proposed or final rule) 
        that an advance notice of proposed rulemaking is 
        impracticable, unnecessary, or contrary to the public 
        interest.
  (h) Review of Rules.--
          (1) In general.--Once every 5 years, the Secretary 
        shall conduct a review of regulations issued under this 
        part.
          (2) Schedule.--At the beginning of each 5-year review 
        period, the Secretary shall publish a schedule that 
        sets forth the plan for completing the review under 
        paragraph (1) within 5 years.
          (3) Notification of changes.--During each review 
        period, the Secretary shall address any changes to the 
        schedule published under paragraph (2) and notify the 
        public of such changes.
          (4) Consideration of petitions.--In conducting a 
        review under paragraph (1), the Secretary shall 
        consider petitions for regulatory action under this 
        part received by the Administrator of the Federal Motor 
        Carrier Safety Administration.
          (5) Assessment.--At the conclusion of each review 
        under paragraph (1), the Secretary shall publish on a 
        publicly accessible Internet Web site of the Department 
        of Transportation an assessment that includes--
                  (A) an inventory of the regulations issued 
                during the 5-year period ending on the date on 
                which the assessment is published;
                  (B) a determination of whether the 
                regulations are--
                          (i) consistent and clear;
                          (ii) current with the operational 
                        realities of the motor carrier 
                        industry; and
                          (iii) uniformly enforced; and
                  (C) an assessment of whether the regulations 
                continue to be necessary.
          (6) Rulemaking.--Not later than 2 years after the 
        completion of each review under this subsection, the 
        Secretary shall initiate a rulemaking to amend 
        regulations as necessary to address the determinations 
        made under paragraph (5)(B) and the results of the 
        assessment under paragraph (5)(C).
  (i) Rule of Construction.--Nothing in subsection (f) or (g) 
may be construed to limit the contents of an advance notice of 
proposed rulemaking.

Sec. 31137. Electronic logging devices and brake maintenance 
                    regulations

  (a) Use of Electronic Logging Devices.--Not later than 1 year 
after the date of enactment of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012, the Secretary of Transportation 
shall prescribe regulations--
          (1) requiring a commercial motor vehicle involved in 
        interstate commerce and operated by a driver subject to 
        the hours of service and the record of duty status 
        requirements under part 395 of title 49, Code of 
        Federal Regulations, be equipped with an electronic 
        logging device to improve compliance by an operator of 
        a vehicle with hours of service regulations prescribed 
        by the Secretary; and
          (2) ensuring that an electronic logging device is not 
        used to harass a vehicle operator.
  (b) Electronic Logging Device Requirements.--
          (1) In general.--The regulations prescribed under 
        subsection (a) shall--
                  (A) require an electronic logging device--
                          (i) to accurately record commercial 
                        driver hours of service;
                          (ii) to record the location of a 
                        commercial motor vehicle;
                          (iii) to be tamper resistant; and
                          (iv) to be synchronized to the 
                        operation of the vehicle engine or be 
                        capable of recognizing when the vehicle 
                        is being operated;
                  (B) allow law enforcement to access the data 
                contained in the device during a roadside 
                inspection; and
                  (C) [apply to] except as provided in 
                paragraph (3), apply to a commercial motor 
                vehicle beginning on the date that is 2 years 
                after the date that the regulations are 
                published as a final rule.
          (2) Performance and design standards.--The 
        regulations prescribed under subsection (a) shall 
        establish performance standards--
                  (A) defining a standardized user interface to 
                aid vehicle operator compliance and law 
                enforcement review;
                  (B) establishing a secure process for 
                standardized--
                          (i) and unique vehicle operator 
                        identification;
                          (ii) data access;
                          (iii) data transfer for vehicle 
                        operators between motor vehicles;
                          (iv) data storage for a motor 
                        carrier; and
                          (v) data transfer and 
                        transportability for law enforcement 
                        officials;
                  (C) establishing a standard security level 
                for an electronic logging device and related 
                components to be tamper resistant by using a 
                methodology endorsed by a nationally recognized 
                standards organization; and
                  (D) identifying each driver subject to the 
                hours of service and record of duty status 
                requirements under part 395 of title 49, Code 
                of Federal Regulations.
          (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.
  (c) Certification Criteria.--
          (1) In general.--The regulations prescribed by the 
        Secretary under this section shall establish the 
        criteria and a process for the certification of 
        electronic logging devices to ensure that the device 
        meets the performance requirements under this section.
          (2) Effect of noncertification.--Electronic logging 
        devices that are not certified in accordance with the 
        certification process referred to in paragraph (1) 
        shall not be acceptable evidence of hours of service 
        and record of duty status requirements under part 395 
        of title 49, Code of Federal Regulations.
  (d) Additional Considerations.--The Secretary, in prescribing 
the regulations described in subsection (a), shall consider how 
such regulations may--
          (1) reduce or eliminate requirements for drivers and 
        motor carriers to retain supporting documentation 
        associated with paper-based records of duty status if--
                  (A) data contained in an electronic logging 
                device supplants such documentation; and
                  (B) using such data without paper-based 
                records does not diminish the Secretary's 
                ability to audit and review compliance with the 
                Secretary's hours of service regulations; and
          (2) include such measures as the Secretary determines 
        are necessary to protect the privacy of each individual 
        whose personal data is contained in an electronic 
        logging device.
  (e) Use of Data.--
          (1) In general.--The Secretary may utilize 
        information contained in an electronic logging device 
        only to enforce the Secretary's motor carrier safety 
        and related regulations, including record-of-duty 
        status regulations.
          (2) Measures to preserve confidentiality of personal 
        data.--The Secretary shall institute appropriate 
        measures to preserve the confidentiality of any 
        personal data contained in an electronic logging device 
        and disclosed in the course of an action taken by the 
        Secretary or by law enforcement officials to enforce 
        the regulations referred to in paragraph (1).
          (3) Enforcement.--The Secretary shall institute 
        appropriate measures to ensure any information 
        collected by electronic logging devices is used by 
        enforcement personnel only for the purpose of 
        determining compliance with hours of service 
        requirements.
  (f) Definitions.--In this section:
          (1) Electronic logging device.--The term ``electronic 
        logging device'' means an electronic device that--
                  (A) is capable of recording a driver's hours 
                of service and duty status accurately and 
                automatically; and
                  (B) meets the requirements established by the 
                Secretary through regulation.
          (2) Tamper resistant.--The term ``tamper resistant'' 
        means resistant to allowing any individual to cause an 
        electronic device to record the incorrect date, time, 
        and location for changes to on- duty driving status of 
        a commercial motor vehicle operator under part 395 of 
        title 49, Code of Federal Regulations, or to 
        subsequently alter the record created by that device.
  (g) Brakes and Brake Systems Maintenance Regulations.--The 
Secretary shall maintain regulations on improved standards or 
methods to ensure that brakes and brake systems of commercial 
motor vehicles are maintained properly and inspected by 
appropriate employees. At a minimum, the regulations shall 
establish minimum training requirements and qualifications for 
employees responsible for maintaining and inspecting the brakes 
and brake systems.

           *       *       *       *       *       *       *


Sec. 31144. Safety fitness of owners and operators

  (a) In General.--The Secretary shall--
          (1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing 
        among other things the accident record of an owner or 
        operator operating in interstate commerce and the 
        accident record and safety inspection record of such 
        owner or operator--
                  (A) in operations that affect interstate 
                commerce within the United States; and
                  (B) in operations in Canada and Mexico if the 
                owner or operator also conducts operations 
                within the United States;
          (2) periodically update such safety fitness 
        determinations;
          (3) make such final safety fitness determinations 
        readily available to the public; and
          (4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.
  (b) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the 
following elements:
          (1) Specific initial and continuing requirements with 
        which an owner or operator must comply to demonstrate 
        safety fitness.
          (2) A methodology the Secretary will use to determine 
        whether an owner or operator is fit.
          (3) Specific time frames within which the Secretary 
        will determine whether an owner or operator is fit.
  (c) Prohibited Transportation.--
          (1) In general.--Except as provided in section 
        521(b)(5)(A) and this subsection, an owner or operator 
        who the Secretary determines is not fit may not operate 
        commercial motor vehicles in interstate commerce 
        beginning on the 61st day after the date of such 
        fitness determination and until the Secretary 
        determines such owner or operator is fit.
          (2) Owners or operators transporting passengers.--
        With regard to owners or operators of commercial motor 
        vehicles designed or used to transport passengers, an 
        owner or operator who the Secretary determines is not 
        fit may not operate in interstate commerce beginning on 
        the 46th day after the date of such fitness 
        determination and until the Secretary determines such 
        owner or operator is fit.
          (3) Owners or operators transporting hazardous 
        material.--With regard to owners or operators of 
        commercial motor vehicles designed or used to transport 
        hazardous material for which placarding of a motor 
        vehicle is required under regulations prescribed under 
        chapter 51, an owner or operator who the Secretary 
        determines is not fit may not operate in interstate 
        commerce beginning on the 46th day after the date of 
        such fitness determination and until the Secretary 
        determines such owner or operator is fit. A violation 
        of this paragraph by an owner or operator transporting 
        hazardous material shall be considered a violation of 
        chapter 51, and shall be subject to the penalties in 
        sections 5123 and 5124.
          (4) Secretary's discretion.--Except for owners or 
        operators described in paragraphs (2) and (3), the 
        Secretary may allow an owner or operator who is not fit 
        to continue operating for an additional 60 days after 
        the 61st day after the date of the Secretary's fitness 
        determination, if the Secretary determines that such 
        owner or operator is making a good faith effort to 
        become fit.
          (5) Transportation affecting interstate commerce.--
        Owners or operators of commercial motor vehicles 
        prohibited from operating in interstate commerce 
        pursuant to paragraphs (1) through (3) of this section 
        may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary 
        determines that such owner or operator is fit.
  (d) Determination of Unfitness by State.--If a State that 
receives motor carrier safety assistance program funds under 
section 31102 determines, by applying the standards prescribed 
by the Secretary under subsection (b), that an owner or 
operator of a commercial motor vehicle that has its principal 
place of business in that State and operates in intrastate 
commerce is unfit under such standards and prohibits the owner 
or operator from operating such vehicle in the State, the 
Secretary shall prohibit the owner or operator from operating 
such vehicle in interstate commerce until the State determines 
that the owner or operator is fit.
  (e) Review of Fitness Determinations.--
          (1) In general.--Not later than 45 days after an 
        unfit owner or operator requests a review, the 
        Secretary shall review such owner's or operator's 
        compliance with those requirements with which the owner 
        or operator failed to comply and resulted in the 
        Secretary determining that the owner or operator was 
        not fit.
          (2) Owners or operators transporting passengers.--Not 
        later than 30 days after an unfit owner or operator of 
        commercial motor vehicles designed or used to transport 
        passengers requests a review, the Secretary shall 
        review such owner's or operator's compliance with those 
        requirements with which the owner or operator failed to 
        comply and resulted in the Secretary determining that 
        the owner or operator was not fit.
          (3) Owners or operators transporting hazardous 
        material.--Not later than 30 days after an unfit owner 
        or operator of commercial motor vehicles designed or 
        used to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under chapter 51, the Secretary 
        shall review such owner's or operator's compliance with 
        those requirements with which the owner or operator 
        failed to comply and resulted in the Secretary 
        determining that the owner or operator was not fit.
  (f) Prohibited Government Use.--A department, agency, or 
instrumentality of the United States Government may not use to 
provide any transportation service an owner or operator who the 
Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.
  (g) Safety Reviews of New Operators.--
          (1) Safety review.--
                  (A) In general.--Except as provided under 
                subparagraph (B), the Secretary shall require, 
                by regulation, each owner and each operator 
                granted new registration under section 13902 or 
                31134 to undergo a safety review not later than 
                12 months after the owner or operator, as the 
                case may be, begins operations under such 
                registration.
                  (B) Providers of motorcoach services.--The 
                Secretary shall require, by regulation, each 
                owner and each operator granted new 
                registration to transport passengers under 
                section 13902 or 31134 to undergo a safety 
                review not later than 120 days after the owner 
                or operator, as the case may be, begins 
                operations under such registration.
          (2) Elements.--In the regulations issued pursuant to 
        paragraph (1), the Secretary shall establish the 
        elements of the safety review, including basic safety 
        management controls. In establishing such elements, the 
        Secretary shall consider their effects on small 
        businesses and shall consider establishing alternate 
        locations where such reviews may be conducted for the 
        convenience of small businesses.
          (3) Phase-in of requirement.--The Secretary shall 
        phase in the requirements of paragraph (1) in a manner 
        that takes into account the availability of certified 
        motor carrier safety auditors.
          (4) New entrant authority.--Notwithstanding any other 
        provision of this title, any new operating authority 
        granted after the date on which section 31148(b) is 
        first implemented shall be designated as new entrant 
        authority until the safety review required by paragraph 
        (1) is completed.
          (5) New entrant audits.--
                  (A) Grants.--The Secretary may make grants to 
                States and local governments for new entrant 
                motor carrier audits under this subsection 
                without requiring a matching contribution from 
                such States and local governments.
                  [(B) Set aside.--The Secretary shall set 
                aside from amounts made available by section 
                31104(a) up to $32,000,000 per fiscal year and 
                up to $2,535,519 for the period beginning on 
                October 1, 2015, and ending on October 29, 
                2015, for audits of new entrant motor carriers 
                conducted pursuant to this paragraph.]
                  (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.
                  (C) Determination.--If the Secretary 
                determines that a State or local government is 
                not able to use government employees to conduct 
                new entrant motor carrier audits, the Secretary 
                may use the funds set aside under this 
                paragraph to conduct audits for such States or 
                local governments.
[Pursuant to subsections (e)(1) and (f) of section 5101 of H.R. 
3763 (as reported), paragraph (5) of section 31144 of title 49, 
United States Code, as amended by other provisions of this bill 
and in effect on October 1, 2016, is repealed as follows:]
          [(5) New entrant audits.--
                  [(A) Grants.--The Secretary may make grants 
                to States and local governments for new entrant 
                motor carrier audits under this subsection 
                without requiring a matching contribution from 
                such States and local governments.
                  [(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.
                  [(C) Determination.--If the Secretary 
                determines that a State or local government is 
                not able to use government employees to conduct 
                new entrant motor carrier audits, the Secretary 
                may use the funds set aside under this 
                paragraph to conduct audits for such States or 
                local governments.]
          (6) Additional requirements for household goods motor 
        carriers.--(A) In addition to the requirements of this 
        subsection, the Secretary shall require, by regulation, 
        each registered household goods motor carrier to 
        undergo a consumer protection standards review not 
        later than 18 months after the household goods motor 
        carrier begins operations under such authority.
                  (B) Elements.--In the regulations issued 
                pursuant to subparagraph (A), the Secretary 
                shall establish the elements of the consumer 
                protections standards review, including basic 
                management controls. In establishing the 
                elements, the Secretary shall consider the 
                effects on small businesses and shall consider 
                establishing alternate locations where such 
                reviews may be conducted for the convenience of 
                small businesses.
  (h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--
          (1) If an authorized agency of the Canadian federal 
        government or a Canadian Territorial or Provincial 
        government determines, by applying the procedure and 
        standards prescribed by the Secretary under subsection 
        (b) or pursuant to an agreement under paragraph (2), 
        that a Canadian employer is unfit and prohibits the 
        employer from operating a commercial motor vehicle in 
        Canada or any Canadian Province, the Secretary may 
        prohibit the employer from operating such vehicle in 
        interstate and foreign commerce until the authorized 
        Canadian agency determines that the employer is fit.
          (2) The Secretary may consult and participate in 
        negotiations with authorized officials of the Canadian 
        federal government or a Canadian Territorial or 
        Provincial government, as necessary, to provide 
        reciprocal recognition of each country's motor carrier 
        safety fitness determinations. An agreement shall 
        provide, to the maximum extent practicable, that each 
        country will follow the procedure and standards 
        prescribed by the Secretary under subsection (b) in 
        making motor carrier safety fitness determinations.
  (i) Periodic Safety Reviews of Owners and Operators of 
Interstate For-hire Commercial Motor Vehicles Designed or Used 
to Transport Passengers.--
          (1) Safety review.--
                  (A) In general.--The Secretary shall--
                          (i) determine the safety fitness of 
                        each motor carrier of passengers who 
                        the Secretary registers under section 
                        13902 or 31134 through a simple and 
                        understandable rating system that 
                        allows passengers to compare the safety 
                        performance of each such motor carrier; 
                        and
                          (ii) assign a safety fitness rating 
                        to each such motor carrier.
                  (B) Applicability.--Subparagraph (A) shall 
                apply--
                          (i) to any provider of motorcoach 
                        services registered with the 
                        Administration after the date of 
                        enactment of the Motorcoach Enhanced 
                        Safety Act of 2012 beginning not later 
                        than 2 years after the date of such 
                        registration; and
                          (ii) to any provider of motorcoach 
                        services registered with the 
                        Administration on or before the date of 
                        enactment of that Act beginning not 
                        later than 3 years after the date of 
                        enactment of that Act.
          (2) Periodic review.--The Secretary shall establish, 
        by regulation, a process for monitoring the safety 
        performance of each motor carrier of passengers on a 
        regular basis following the assignment of a safety 
        fitness rating, including progressive intervention to 
        correct unsafe practices.
          (3) Enforcement strike forces.--In addition to the 
        enhanced monitoring and enforcement actions required 
        under paragraph (2), the Secretary may organize special 
        enforcement strike forces targeting motor carriers of 
        passengers.
          (4) Periodic update of safety fitness rating.--In 
        conducting the safety reviews required under this 
        subsection, the Secretary shall--
                  (A) reassess the safety fitness rating of 
                each motor carrier of passengers not less 
                frequently than once every 3 years; and
                  (B) annually assess the safety fitness of 
                certain motor carriers of passengers that serve 
                primarily urban areas with high passenger 
                loads.

           *       *       *       *       *       *       *


Sec. 31149. Medical program

  (a) Medical Review Board.--
          (1) Establishment and function.--The Secretary of 
        Transportation shall establish a Medical Review Board 
        to provide the Federal Motor Carrier Safety 
        Administration with medical advice and recommendations 
        on medical standards and guidelines for the physical 
        qualifications of operators of commercial motor 
        vehicles, medical examiner education, and medical 
        research.
          (2) Composition.--The Medical Review Board shall be 
        appointed by the Secretary and shall consist of 5 
        members selected from medical institutions and private 
        practice. The membership shall reflect expertise in a 
        variety of medical specialties relevant to the driver 
        fitness requirements of the Federal Motor Carrier 
        Safety Administration.
  (b) Chief Medical Examiner.--The Secretary shall appoint a 
chief medical examiner who shall be an employee of the Federal 
Motor Carrier Safety Administration and who shall hold a 
position under section 3104 of title 5, United States Code, 
relating to employment of specially qualified scientific and 
professional personnel, and shall be paid under section 5376 of 
title 5, United States Code, relating to pay for certain 
senior-level positions.
  (c) Medical Standards and Requirements.--
          (1) In general.--The Secretary, with the advice of 
        the Medical Review Board and the chief medical 
        examiner, shall--
                  (A) establish, review, and revise--
                          (i) medical standards for operators 
                        of commercial motor vehicles that will 
                        ensure that the physical condition of 
                        operators of commercial motor vehicles 
                        is adequate to enable them to operate 
                        the vehicles safely; and
                          (ii) requirements for periodic 
                        physical examinations of such operators 
                        performed by medical examiners who 
                        have, at a minimum, self-certified that 
                        they have completed training in 
                        physical and medical examination 
                        standards and are listed on a national 
                        registry maintained by the Department 
                        of Transportation;
                  (B) require each such operator to have a 
                current valid medical certificate;
                  (C) conduct periodic reviews of a select 
                number of medical examiners on the national 
                registry to ensure that proper examinations of 
                such operators are being conducted;
                  (D) not later than 1 year after enactment of 
                the Commercial Motor Vehicle Safety Enhancement 
                Act of 2012, develop requirements for a medical 
                examiner to be listed in the national registry 
                under this section, including--
                          (i) the completion of specific 
                        courses and materials;
                          (ii) certification, including, at a 
                        minimum, self-certification, if the 
                        Secretary determines that self-
                        certification is necessary for 
                        sufficient participation in the 
                        national registry, to verify that a 
                        medical examiner completed specific 
                        training, including refresher courses, 
                        that the Secretary determines necessary 
                        to be listed in the national registry;
                          (iii) an examination that requires a 
                        passing grade; and
                          (iv) demonstration of a medical 
                        examiner's willingness to meet the 
                        reporting requirements established by 
                        the Secretary;
                  (E) require medical examiners to transmit the 
                name of the applicant and numerical identifier, 
                as determined by the Administrator of the 
                Federal Motor Carrier Safety Administration, 
                for any completed medical examination report 
                required under section 391.43 of title 49, Code 
                of Federal Regulations, electronically to the 
                chief medical examiner on monthly basis; and
                  (F) periodically review a representative 
                sample of the medical examination reports 
                associated with the name and numerical 
                identifiers of applicants transmitted under 
                subparagraph (E) for errors, omissions, or 
                other indications of improper certification.
          (2) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper 
        certification by a medical examiner. If the Secretary 
        finds that a medical examiner has issued a medical 
        certificate to an operator of a commercial motor 
        vehicle who fails to meet the applicable standards at 
        the time of the examination or that a medical examiner 
        has falsely claimed to have completed training in 
        physical and medical examination standards as required 
        by this section, the Secretary may remove such medical 
        examiner from the registry and may void the medical 
        certificate of the applicant or holder.
  (d) National Registry of Medical Examiners.--The Secretary, 
acting through the Federal Motor Carrier Safety 
Administration--
          (1) shall establish and maintain a current national 
        registry of medical examiners who are qualified to 
        perform examinations and issue medical certificates;
          (2) shall remove from the registry the name of any 
        medical examiner that fails to meet or maintain the 
        qualifications established by the Secretary for being 
        listed in the registry or otherwise does not meet the 
        requirements of this section or regulation issued under 
        this section;
          (3) shall accept as valid only medical certificates 
        issued by persons on the national registry of medical 
        examiners, unless the person issuing the certificate is 
        the subject of an exemption issued under section 
        31315(b)(1); and
          (4) may make participation of medical examiners in 
        the national registry voluntary if such a change will 
        enhance the safety of operators of commercial motor 
        vehicles.
  (e) Regulations.--The Secretary shall issue such regulations 
as may be necessary to carry out this section.

           *       *       *       *       *       *       *


                      SUBCHAPTER IV--MISCELLANEOUS

Sec. 31161. International cooperation

  The Secretary of Transportation is authorized to use funds 
made available by [section 31104(i)] section 31110 to 
participate and cooperate in international activities to 
enhance motor carrier, commercial motor vehicle, driver, and 
highway safety by such means as exchanging information, 
conducting research, and examining needs, best practices, and 
new technology.

           *       *       *       *       *       *       *


            CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

Sec.
31301. Definitions.
     * * * * * * *
[31313. Grants for commercial driver's license program implementation.]
31313. Commercial driver's license program implementation financial 
          assistance program.

           *       *       *       *       *       *       *


Sec. 31305. General driver fitness, testing, and training

  (a) Minimum Standards for Testing and Fitness.--The Secretary 
of Transportation shall prescribe regulations on minimum 
standards for testing and ensuring the fitness of an individual 
operating a commercial motor vehicle. The regulations--
          (1) shall prescribe minimum standards for written and 
        driving tests of an individual operating a commercial 
        motor vehicle;
          (2) shall require an individual who operates or will 
        operate a commercial motor vehicle to take a driving 
        test in a vehicle representative of the type of vehicle 
        the individual operates or will operate;
          (3) shall prescribe minimum testing standards for the 
        operation of a commercial motor vehicle and may 
        prescribe different minimum testing standards for 
        different classes of commercial motor vehicles;
          (4) shall ensure that an individual taking the tests 
        has a working knowledge of--
                  (A) regulations on the safe operation of a 
                commercial motor vehicle prescribed by the 
                Secretary and contained in title 49, Code of 
                Federal Regulations; and
                  (B) safety systems of the vehicle;
          (5) shall ensure that an individual who operates or 
        will operate a commercial motor vehicle carrying a 
        hazardous material--
                  (A) is qualified to operate the vehicle under 
                regulations on motor vehicle transportation of 
                hazardous material prescribed under chapter 51 
                of this title;
                  (B) has a working knowledge of--
                          (i) those regulations;
                          (ii) the handling of hazardous 
                        material;
                          (iii) the operation of emergency 
                        equipment used in response to 
                        emergencies arising out of the 
                        transportation of hazardous material; 
                        and
                          (iv) appropriate response procedures 
                        to follow in those emergencies; and
                  (C) is licensed by a State to operate the 
                vehicle after having first been determined 
                under section 5103a of this title as not posing 
                a security risk warranting denial of the 
                license.
          (6) shall establish minimum scores for passing the 
        tests;
          (7) shall ensure that an individual taking the tests 
        is qualified to operate a commercial motor vehicle 
        under regulations prescribed by the Secretary and 
        contained in title 49, Code of Federal Regulations, to 
        the extent the regulations apply to the individual; and
          (8) may require--
                  (A) issuance of a certification of fitness to 
                operate a commercial motor vehicle to an 
                individual passing the tests; and
                  (B) the individual to have a copy of the 
                certification in the individual's possession 
                when the individual is operating a commercial 
                motor vehicle.
  (b) Requirements for Operating Vehicles.--(1) Except as 
provided in paragraph (2) of this subsection, an individual may 
operate a commercial motor vehicle only if the individual has 
passed written and driving tests that meet the minimum 
standards prescribed by the Secretary under subsection (a) of 
this section to operate the vehicle and has a commercial 
driver's license to operate the vehicle.
  (2) The Secretary may prescribe regulations providing that an 
individual may operate a commercial motor vehicle for not more 
than 90 days if the individual--
          (A) passes a driving test for operating a commercial 
        motor vehicle that meets the minimum standards 
        prescribed under subsection (a) of this section; and
          (B) has a driver's license that is not suspended, 
        revoked, or canceled.
  (c) Standards for Training.--Not later than 1 year after the 
date of enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2012, the Secretary shall issue final 
regulations establishing minimum entry-level training 
requirements for an individual operating a commercial motor 
vehicle--
          (1) addressing the knowledge and skills that--
                  (A) are necessary for an individual operating 
                a commercial motor vehicle to safely operate a 
                commercial motor vehicle; and
                  (B) must be acquired before obtaining a 
                commercial driver's license for the first time 
                or upgrading from one class of commercial 
                driver's license to another class;
          (2) addressing the specific training needs of a 
        commercial motor vehicle operator seeking passenger or 
        hazardous materials endorsements;
          (3) requiring effective instruction to acquire the 
        knowledge, skills, and training referred to in 
        paragraphs (1) and (2), including classroom and behind-
        the-wheel instruction;
          (4) requiring certification that an individual 
        operating a commercial motor vehicle meets the 
        requirements established by the Secretary; and
          (5) requiring a training provider (including a public 
        or private driving school, motor carrier, or owner or 
        operator of a commercial motor vehicle) that offers 
        training that results in the issuance of a 
        certification to an individual under paragraph (4) to 
        demonstrate that the training meets the requirements of 
        the regulations, through a process established by the 
        Secretary.
  (d) Standards for Training and Testing of Veteran 
Operators.--
          (1) In general.--Not later than December 31, 2016, 
        the Secretary shall modify the regulations prescribed 
        under subsections (a) and (c) to--
                  (A) exempt a covered individual from all or a 
                portion of a driving test if the covered 
                individual had experience in the armed forces 
                or reserve components driving vehicles similar 
                to a commercial motor vehicle;
                  (B) ensure that a covered individual may 
                apply for an exemption under subparagraph (A) 
                during, at least, the 1-year period beginning 
                on the date on which such individual separates 
                from service in the armed forces or reserve 
                components; and
                  (C) credit the training and knowledge a 
                covered individual received in the armed forces 
                or reserve components driving vehicles similar 
                to a commercial motor vehicle for purposes of 
                satisfying minimum standards for training and 
                knowledge.
          (2) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Armed forces.--The term ``armed forces'' 
                has the meaning given that term in section 
                101(a)(4) of title 10.
                  (B) Covered individual.--The term ``covered 
                individual'' means--
                          (i) a former member of the armed 
                        forces; or
                          (ii) a former member of the reserve 
                        components.
                  (C) Reserve components.--The term ``reserve 
                components'' means--
                          (i) the Army National Guard of the 
                        United States;
                          (ii) the Army Reserve;
                          (iii) the Navy Reserve;
                          (iv) the Marine Corps Reserve;
                          (v) the Air National Guard of the 
                        United States;
                          (vi) the Air Force Reserve; and
                          (vii) the Coast Guard Reserve.

Sec. 31306. Alcohol and controlled substances testing

  (a) Definition.--In this section and section 31306a, 
``controlled substance'' means any substance under section 102 
of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 802) specified by the Secretary of 
Transportation.
  (b) Testing Program for Operators of Commercial Motor 
Vehicles.--(1)(A) In the interest of commercial motor vehicle 
safety, the Secretary of Transportation shall prescribe 
regulations that establish a program requiring motor carriers 
to conduct preemployment, reasonable suspicion, random, and 
post-accident testing of operators of commercial motor vehicles 
for the use of a controlled substance in violation of law or a 
United States Government regulation and to conduct reasonable 
suspicion, random, and post-accident testing of such operators 
for the use of alcohol in violation of law or a United States 
Government regulation. [The regulations shall permit such motor 
carriers to conduct preemployment testing of such employees for 
the use of alcohol.]
  (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.
  [(B)] (C) When the Secretary of Transportation considers it 
appropriate in the interest of safety, the Secretary may 
prescribe regulations for conducting periodic recurring testing 
of operators of commercial motor vehicles for the use of 
alcohol or a controlled substance in violation of law or a 
Government regulation.
  (2) In prescribing regulations under this subsection, the 
Secretary of Transportation--
          (A) shall require that post-accident testing of an 
        operator of a commercial motor vehicle be conducted 
        when loss of human life occurs in an accident involving 
        a commercial motor vehicle; [and]
          (B) may require that post-accident testing of such an 
        operator be conducted when bodily injury or significant 
        property damage occurs in any other serious accident 
        involving a commercial motor vehicle[.]; and
          (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.
  (c) Testing and Laboratory Requirements.--In carrying out 
subsection (b) of this section, the Secretary of Transportation 
shall develop requirements that shall--
          (1) promote, to the maximum extent practicable, 
        individual privacy in the collection of specimens;
          (2) for laboratories and testing procedures for 
        controlled substances, incorporate the Department of 
        Health and Human Services scientific and technical 
        guidelines dated April 11, 1988, and any amendments to 
        those guidelines, for urine testing, and technical 
        guidelines for hair testing, including mandatory 
        guidelines establishing--
                  (A) comprehensive standards for every aspect 
                of laboratory controlled substances testing and 
                laboratory procedures to be applied in carrying 
                out this section, including standards requiring 
                the use of the best available technology to 
                ensure the complete reliability and accuracy of 
                controlled substances tests and strict 
                procedures governing the chain of custody of 
                specimens collected for controlled substances 
                testing;
                  (B) the minimum list of controlled substances 
                for which individuals may be tested; [and]
                  (C) appropriate standards and procedures for 
                periodic review of laboratories and criteria 
                for certification and revocation of 
                certification of laboratories to perform 
                controlled substances testing in carrying out 
                this section; and
                  (D) laboratory protocols and cut-off levels 
                for hair testing to detect the use of a 
                controlled substance;
          (3) require that a laboratory involved in testing 
        under this section have the capability and facility, at 
        the laboratory, of performing screening and 
        confirmation tests;
          (4) provide that any test indicating the use of 
        alcohol or a controlled substance in violation of law 
        or a Government regulation be confirmed by a 
        scientifically recognized method of testing capable of 
        providing quantitative information about alcohol or a 
        controlled substance;
          (5) provide that each specimen be subdivided, 
        secured, and labeled in the presence of the tested 
        individual and that a part of the specimen be retained 
        in a secure manner to prevent the possibility of 
        tampering, so that if the individual's confirmation 
        test results are positive the individual has an 
        opportunity to have the retained part tested by a 2d 
        confirmation test done independently at another 
        certified laboratory if the individual requests the 2d 
        confirmation test not later than 3 days after being 
        advised of the results of the first confirmation test;
          (6) ensure appropriate safeguards for testing to 
        detect and quantify alcohol in breath and body fluid 
        samples, including urine and blood, through the 
        development of regulations that may be necessary and in 
        consultation with the Secretary of Health and Human 
        Services;
          (7) provide for the confidentiality of test results 
        and medical information (except information about 
        alcohol or a controlled substance) of employees, except 
        that this clause does not prevent the use of test 
        results for the orderly imposition of appropriate 
        sanctions under this section; and
          (8) ensure that employees are selected for tests by 
        nondiscriminatory and impartial methods, so that no 
        employee is harassed by being treated differently from 
        other employees in similar circumstances.
  (d) Testing as Part of Medical Examination.--The Secretary of 
Transportation may provide that testing under subsection (a) of 
this section for operators subject to subpart E of part 391 of 
title 49, Code of Federal Regulations, be conducted as part of 
the medical examination required under that subpart.
  (e) Rehabilitation.--The Secretary of Transportation shall 
prescribe regulations establishing requirements for 
rehabilitation programs that provide for the identification and 
opportunity for treatment of operators of commercial motor 
vehicles who are found to have used alcohol or a controlled 
substance in violation of law or a Government regulation. The 
Secretary shall decide on the circumstances under which those 
operators shall be required to participate in a program. This 
section does not prevent a motor carrier from establishing a 
program under this section in cooperation with another motor 
carrier.
  (f) Sanctions.--The Secretary of Transportation shall decide 
on appropriate sanctions for a commercial motor vehicle 
operator who is found, based on tests conducted and confirmed 
under this section, to have used alcohol or a controlled 
substance in violation of law or a Government regulation but 
who is not under the influence of alcohol or a controlled 
substance as provided in this chapter.
  (g) Effect on State and Local Government Regulations.--A 
State or local government may not prescribe or continue in 
effect a law, regulation, standard, or order that is 
inconsistent with regulations prescribed under this section. 
However, a regulation prescribed under this section may not be 
construed to preempt a State criminal law that imposes 
sanctions for reckless conduct leading to loss of life, injury, 
or damage to property.
  (h) International Obligations and Foreign Laws.--In 
prescribing regulations under this section, the Secretary of 
Transportation--
          (1) shall establish only requirements that are 
        consistent with international obligations of the United 
        States; and
          (2) shall consider applicable laws and regulations of 
        foreign countries.
  (i) Other Regulations Allowed.--This section does not prevent 
the Secretary of Transportation from continuing in effect, 
amending, or further supplementing a regulation prescribed 
before October 28, 1991, governing the use of alcohol or a 
controlled substance by commercial motor vehicle employees.
  (j) Application of Penalties.--This section does not 
supersede a penalty applicable to an operator of a commercial 
motor vehicle under this chapter or another law.

           *       *       *       *       *       *       *


Sec. 31311. Requirements for State participation

  (a) General.--To avoid having amounts withheld from 
apportionment under section 31314 of this title, a State shall 
comply with the following requirements:
          (1) The State shall adopt and carry out a program for 
        testing and ensuring the fitness of individuals to 
        operate commercial motor vehicles consistent with the 
        minimum standards prescribed by the Secretary of 
        Transportation under section 31305(a) of this title.
          (2) The State may issue a commercial driver's license 
        to an individual only if the individual passes written 
        and driving tests for the operation of a commercial 
        motor vehicle that comply with the minimum standards.
          (3) The State shall have in effect and enforce a law 
        providing that an individual with a blood alcohol 
        concentration level at or above the level established 
        by section 31310(a) of this title when operating a 
        commercial motor vehicle is deemed to be driving under 
        the influence of alcohol.
          (4) The State shall authorize an individual to 
        operate a commercial motor vehicle only by issuing a 
        commercial driver's license containing the information 
        described in section 31308(3) of this title.
          (5) Not later than the time period prescribed by the 
        Secretary by regulation, the State shall notify the 
        Secretary or the operator of the information system 
        under section 31309 of this title, as the case may be, 
        of the proposed issuance of the license and other 
        information the Secretary may require to ensure 
        identification of the individual applying for the 
        license.
          (6) Before issuing a commercial driver's license to 
        an individual or renewing such a license, the State 
        shall request from any other State that has issued a 
        driver's license to the individual all information 
        about the driving record of the individual.
          (7) Not later than 30 days after issuing a commercial 
        driver's license, the State shall notify the Secretary 
        or the operator of the information system under section 
        31309 of this title, as the case may be, of the 
        issuance.
          (8) Not later than 10 days after disqualifying the 
        holder of a commercial driver's license from operating 
        a commercial motor vehicle (or after revoking, 
        suspending, or canceling the license) for at least 60 
        days, the State shall notify the Secretary or the 
        operator of the information system under section 31309 
        of this title, as the case may be, and the State that 
        issued the license, of the disqualification, 
        revocation, suspension, or cancellation, and the 
        violation that resulted in the disqualification, 
        revocation, suspension, or cancellation shall be 
        recorded.
          (9) If an individual violates a State or local law on 
        motor vehicle traffic control (except a parking 
        violation) and the individual--
                  (A) has a commercial driver's license issued 
                by another State; or
                  (B) is operating a commercial vehicle without 
                a commercial driver's license and has a 
                driver's license issued by another State,
        the State in which the violation occurred shall notify 
        a State official designated by the issuing State of the 
        violations not later than 10 days after the date the 
        individual is found to have committed the violation.
          (10)(A) The State may not issue a commercial driver's 
        license to an individual during a period in which the 
        individual is disqualified from operating a commercial 
        motor vehicle or the individual's driver's license is 
        revoked, suspended, or canceled.
          (B) The State may not issue a special license or 
        permit (including a provisional or temporary license) 
        to an individual who holds a commercial driver's 
        license that permits the individual to drive a 
        commercial motor vehicle during a period in which--
                  (i) the individual is disqualified from 
                operating a commercial motor vehicle; or
                  (ii) the individual's driver's license is 
                revoked, suspended, or canceled.
          (11) The State may issue a commercial driver's 
        license to an individual who has a commercial driver's 
        license issued by another State only if the individual 
        first returns the driver's license issued by the other 
        State.
          (12)(A) Except as provided in subparagraphs (B) and 
        (C), the State may issue a commercial driver's license 
        only to an individual who operates or will operate a 
        commercial motor vehicle and is domiciled in the State.
          (B) Under regulations prescribed by the Secretary, 
        the State may issue a commercial driver's license to an 
        individual who--
                  (i) operates or will operate a commercial 
                motor vehicle; and
                  (ii) is not domiciled in a State that issues 
                commercial driver's licenses.
          (C) The State may issue a commercial driver's license 
        to an individual who--
                  (i) operates or will operate a commercial 
                motor vehicle;
                  [(ii) is a member of the active duty 
                military, military reserves, National Guard, 
                active duty United States Coast Guard, or Coast 
                Guard Auxiliary; and]
                  (ii) is an active duty member of--
                          (I) the armed forces (as that term is 
                        defined in section 101(a)(4) of title 
                        10); or
                          (II) the reserve components (as that 
                        term is defined in section 
                        31305(d)(2)(C) of this title); and
                  (iii) is not domiciled in the State, but 
                whose temporary or permanent duty station is 
                located in the State.
          (13) The State shall impose penalties consistent with 
        this chapter that the State considers appropriate and 
        the Secretary approves for an individual operating a 
        commercial motor vehicle.
          (14) The State shall allow an individual to operate a 
        commercial motor vehicle in the State if--
                  (A) the individual has a commercial driver's 
                license issued by another State under the 
                minimum standards prescribed by the Secretary 
                under section 31305(a) of this title;
                  (B) the license is not revoked, suspended, or 
                canceled; and
                  (C) the individual is not disqualified from 
                operating a commercial motor vehicle.
          (15) The State shall disqualify an individual from 
        operating a commercial motor vehicle for the same 
        reasons and time periods for which the Secretary shall 
        disqualify the individual under subsections (b)-(e), 
        (i)(1)(A), and (i)(2) of section 31310.
          (16)(A) Before issuing a commercial driver's license 
        to an individual, the State shall request the Secretary 
        for information from the National Driver Register 
        maintained under chapter 303 of this title (after the 
        Secretary decides the Register is operational) on 
        whether the individual--
                  (i) has been disqualified from operating a 
                motor vehicle (except a commercial motor 
                vehicle);
                  (ii) has had a license (except a license 
                authorizing the individual to operate a 
                commercial motor vehicle) revoked, suspended, 
                or canceled for cause in the 3-year period 
                ending on the date of application for the 
                commercial driver's license; or
                  (iii) has been convicted of an offense 
                specified in section 30304(a)(3) of this title.
          (B) The State shall give full weight and 
        consideration to that information in deciding whether 
        to issue the individual a commercial driver's license.
          (17) The State shall adopt and enforce regulations 
        prescribed by the Secretary under as 31310(j) of this 
        title.
          (18) The State shall maintain, as part of its driver 
        information system, a record of each violation of a 
        State or local motor vehicle traffic control law while 
        operating a motor vehicle (except a parking violation) 
        for each individual who holds a commercial driver's 
        license. The record shall be available upon request to 
        the individual, the Secretary, employers, prospective 
        employers, State licensing and law enforcement 
        agencies, and their authorized agents.
          (19) The State shall--
                  (A) record in the driving record of an 
                individual who has a commercial driver's 
                license issued by the State; and
                  (B) make available to all authorized persons 
                and governmental entities having access to such 
                record,
        all information the State receives under paragraph (9) 
        with respect to the individual and every violation by 
        the individual involving a motor vehicle (including a 
        commercial motor vehicle) of a State or local law on 
        traffic control (except a parking violation), not later 
        than 10 days after the date of receipt of such 
        information or the date of such violation, as the case 
        may be. The State may not allow information regarding 
        such violations to be withheld or masked in any way 
        from the record of an individual possessing a 
        commercial driver's license.
          (20) The State shall revoke, suspend, or cancel the 
        commercial driver's license of an individual in 
        accordance with regulations issued by the Secretary to 
        carry out section 31310(g).
          (21) By the date established by the Secretary under 
        section 31309(e)(4), the State shall be operating a 
        commercial driver's license information system that is 
        compatible with the modernized commercial driver's 
        license information system under section 31309.
          (22) The State shall report a conviction of a foreign 
        commercial driver by that State to the Federal 
        Convictions and Withdrawal Database, or another 
        information system designated by the Secretary to 
        record the convictions. A report shall include--
                  (A) for a driver holding a foreign commercial 
                driver's license--
                          (i) each conviction relating to the 
                        operation of a commercial motor 
                        vehicle; and
                          (ii) each conviction relating to the 
                        operation of a non-commercial motor 
                        vehicle; and
                  (B) for an unlicensed driver or a driver 
                holding a foreign non-commercial driver's 
                license, each conviction relating to the 
                operation of a commercial motor vehicle.
          (23) Not later than 1 year after the date of 
        enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2012, the State shall implement a 
        system and practices for the exclusive electronic 
        exchange of driver history record information on the 
        system the Secretary maintains under section 31309, 
        including the posting of convictions, withdrawals, and 
        disqualifications.
          (24) Before renewing or issuing a commercial driver's 
        license to an individual, the State shall request 
        information pertaining to the individual from the drug 
        and alcohol clearinghouse maintained under section 
        31306a.
          (25) Not later than 5 years after the date of 
        enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2012, the State shall establish and 
        maintain, as part of its driver information system, the 
        capability to receive an electronic copy of a medical 
        examiner's certificate, from a certified medical 
        examiner, for each holder of a commercial driver's 
        license issued by the State who operates or intends to 
        operate in interstate commerce.
  (b) State Satisfaction of Requirements.--A State may satisfy 
the requirements of subsection (a) of this section that the 
State disqualify an individual from operating a commercial 
motor vehicle by revoking, suspending, or canceling the 
driver's license issued to the individual.
  (c) Notification.--Not later than 30 days after being 
notified by a State of the proposed issuance of a commercial 
driver's license to an individual, the Secretary or the 
operator of the information system under section 31309 of this 
title, as the case may be, shall notify the State whether the 
individual has a commercial driver's license issued by another 
State or has been disqualified from operating a commercial 
motor vehicle by another State or the Secretary.
  (d) State Commercial Driver's License Program Plan.--
          (1) In general.--A State shall submit a plan to the 
        Secretary for complying with the requirements under 
        this section during the period beginning on the date 
        the plan is submitted and ending on September 30, 2016.
          (2) Contents.--A plan submitted by a State under 
        paragraph (1) shall identify--
                  (A) the actions that the State will take to 
                address any deficiencies in the State's 
                commercial driver's license program, as 
                identified by the Secretary in the most recent 
                audit of the program; and
                  (B) other actions that the State will take to 
                comply with the requirements under subsection 
                (a).
          (3) Priority.--
                  (A) Implementation schedule.--A plan 
                submitted by a State under paragraph (1) shall 
                include a schedule for the implementation of 
                the actions identified under paragraph (2). In 
                establishing the schedule, the State shall 
                prioritize actions to address any deficiencies 
                highlighted by the Secretary as critical in the 
                most recent audit of the program.
                  (B) Deadline for compliance with 
                requirements.--A plan submitted by a State 
                under paragraph (1) shall include assurances 
                that the State will take the necessary actions 
                to comply with the requirements of subsection 
                (a) not later than September 30, 2015.
          (4) Approval and disapproval.--The Secretary shall--
                  (A) review each plan submitted under 
                paragraph (1);
                  (B)(i) approve a plan if the Secretary 
                determines that the plan meets the requirements 
                under this subsection and promotes the goals of 
                this chapter; and
                  (ii) disapprove a plan that the Secretary 
                determines does not meet the requirements or 
                does not promote the goals.
          (5) Modification of disapproved plans.--If the 
        Secretary disapproves a plan under paragraph (4), the 
        Secretary shall--
                  (A) provide a written explanation of the 
                disapproval to the State; and
                  (B) allow the State to modify the plan and 
                resubmit it for approval.
          (6) Plan updates.--The Secretary may require a State 
        to review and update a plan, as appropriate.
  (e) Annual Comparison of State Levels of Compliance.--The 
Secretary shall annually--
          (1) compare the relative levels of compliance by 
        States with the requirements under subsection (a); and
          (2) make the results of the comparison available to 
        the public.

           *       *       *       *       *       *       *


[Sec. 31313. Grants for commercial driver's license program 
                    implementation

  [(a) Commercial Driver's License Program Improvement 
Grants.--
          [(1) Program goal.--The Secretary of Transportation 
        may make a grant to a State in a fiscal year--
                  [(A) to comply with the requirements of 
                section 31311;
                  [(B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of this section and 
                section 31311, to improve its implementation of 
                its commercial driver's license program, 
                including expenses--
                          [(i) for computer hardware and 
                        software;
                          [(ii) for publications, testing, 
                        personnel, training, and quality 
                        control;
                          [(iii) for commercial driver's 
                        license program coordinators;
                          [(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.
          [(2) Prohibitions.--A State may not use grant funds 
        under this subsection to rent, lease, or buy land or 
        buildings.
  [(b) High-Priority Activities.--
          [(1) Grants for national concerns.--The Secretary may 
        make a grant to a State agency, local government, or 
        other person for 100 percent of the costs of research, 
        development, demonstration projects, public education, 
        and other special activities and projects relating to 
        commercial driver licensing and motor vehicle safety 
        that are of benefit to all jurisdictions of the United 
        States or are designed to address national safety 
        concerns and circumstances.
          [(2) Funding.--The Secretary may deduct up to 10 
        percent of the amounts made available to carry out this 
        section for a fiscal year to make grants under this 
        subsection.
  [(c) Emerging Issues.--The Secretary may designate up to 10 
percent of the amounts made available to carry out this section 
for a fiscal year for allocation to a State agency, local 
government, or other person at the discretion of the Secretary 
to address emerging issues relating to commercial driver's 
license improvements.
  [(d) Apportionment.--Except as otherwise provided in 
subsection (c), all amounts made available to carry out this 
section for a fiscal year shall be apportioned to States 
according to criteria prescribed by the Secretary.]

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

  (a) In General.--The Secretary of Transportation shall 
administer a financial assistance program for commercial 
driver's license program implementation for the purposes 
described in paragraphs (1) and (2).
          (1) State commercial driver's license program 
        implementation grants.--In carrying out the program, 
        the Secretary may make a grant to a State agency in a 
        fiscal year--
                  (A) to assist the State in complying with the 
                requirements of section 31311;
                  (B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of section 31311, to 
                improve the State's implementation of its 
                commercial driver's license program, including 
                expenses--
                          (i) for computer hardware and 
                        software;
                          (ii) for publications, testing, 
                        personnel, training, and quality 
                        control;
                          (iii) for commercial driver's license 
                        program coordinators; and
                          (iv) to implement or maintain a 
                        system to notify an employer of an 
                        operator of a commercial motor vehicle 
                        of the suspension or revocation of the 
                        operator's commercial driver's license 
                        consistent with the standards developed 
                        under section 32303(b) of the 
                        Commercial Motor Vehicle Safety 
                        Enhancement Act of 2012 (49 U.S.C. 
                        31304 note).
          (2) Priority activities.--The Secretary may make a 
        grant to or enter into a cooperative agreement with a 
        State agency, local government, or any person in a 
        fiscal year for research, development and testing, 
        demonstration projects, public education, and other 
        special activities and projects relating to commercial 
        drivers licensing and motor vehicle safety that--
                  (A) benefit all jurisdictions of the United 
                States;
                  (B) address national safety concerns and 
                circumstances;
                  (C) address emerging issues relating to 
                commercial driver's license improvements;
                  (D) support innovative ideas and solutions to 
                commercial driver's license program issues; or
                  (E) address other commercial driver's license 
                issues, as determined by the Secretary.
  (b) Prohibitions.--A recipient may not use financial 
assistance funds awarded under this section to rent, lease, or 
buy land or buildings.
  (c) Report.--The Secretary shall issue an annual report on 
the activities carried out under this section.
  (d) Apportionment.--All amounts made available to carry out 
this section for a fiscal year shall be apportioned to a 
recipient described in subsection (a)(2) according to criteria 
prescribed by the Secretary.
  (e) Funding.--For fiscal years beginning after September 30, 
2016, this section shall be funded under section 31104.

           *       *       *       *       *       *       *


Sec. 31315. Waivers, exemptions, and pilot programs

  (a) Waivers.--The Secretary may grant a waiver that relieves 
a person from compliance in whole or in part with a regulation 
issued under this chapter or section 31136 if the Secretary 
determines that it is in the public interest to grant the 
waiver and that the waiver is likely to achieve a level of 
safety that is equivalent to, or greater than, the level of 
safety that would be obtained in the absence of the waiver--
          (1) for a period not in excess of 3 months;
          (2) limited in scope and circumstances;
          (3) for nonemergency and unique events; and
          (4) subject to such conditions as the Secretary may 
        impose.
  (b) Exemptions.--
          (1) In general.--Upon receipt of a request pursuant 
        to paragraph (3), the Secretary of Transportation may 
        grant to a person or class of persons an exemption from 
        a regulation prescribed under this chapter [or section 
        31136], section 31136, or section 31149(d)(3) if the 
        Secretary finds such exemption would likely achieve a 
        level of safety that is equivalent to, or greater than, 
        the level that would be achieved absent such exemption. 
        An exemption may be granted for no longer than 2 years 
        from its approval date and may be renewed upon 
        application to the Secretary.
          (2) Authority to revoke exemption.--The Secretary 
        shall immediately revoke an exemption if--
                  (A) the person fails to comply with the terms 
                and conditions of such exemption;
                  (B) the exemption has resulted in a lower 
                level of safety than was maintained before the 
                exemption was granted; or
                  (C) continuation of the exemption would not 
                be consistent with the goals and objectives of 
                this chapter or section 31136, as the case may 
                be.
          (3) Requests for exemption.--Not later than 180 days 
        after the date of enactment of this section and after 
        notice and an opportunity for public comment, the 
        Secretary shall specify by regulation the procedures by 
        which a person may request an exemption. Such 
        regulations shall, at a minimum, require the person to 
        provide the following information for each exemption 
        request:
                  (A) The provisions from which the person 
                requests exemption.
                  (B) The time period during which the 
                requested exemption would apply.
                  (C) An analysis of the safety impacts the 
                requested exemption may cause.
                  (D) The specific countermeasures the person 
                would undertake to ensure an equivalent or 
                greater level of safety than would be achieved 
                absent the requested exemption.
          (4) Notice and comment.--
                  (A) Upon receipt of a request.--Upon receipt 
                of an exemption request, the Secretary shall 
                publish in the Federal Register (or, in the 
                case of a request for an exemption from the 
                physical qualification standards for commercial 
                motor vehicle drivers, post on a web site 
                established by the Secretary to implement the 
                requirements of section 31149) a notice 
                explaining the request that has been filed and 
                shall give the public an opportunity to inspect 
                the safety analysis and any other relevant 
                information known to the Secretary and to 
                comment on the request. This subparagraph does 
                not require the release of information 
                protected by law from public disclosure.
                  (B) Upon granting a request.--Upon granting a 
                request and before the effective date of the 
                exemption, the Secretary shall publish in the 
                Federal Register (or, in the case of an 
                exemption from the physical qualification 
                standards for commercial motor vehicle drivers, 
                post on a web site established by the Secretary 
                to implement the requirements of section 31149) 
                the name of the person granted the exemption, 
                the provisions from which the person is exempt, 
                the effective period, and the terms and 
                conditions of the exemption.
                  (C) After denying a request.--After denying a 
                request for exemption, the Secretary shall 
                publish in the Federal Register (or, in the 
                case of a request for an exemption from the 
                physical qualification standards for commercial 
                motor vehicle drivers, post on a web site 
                established by the Secretary to implement the 
                requirements of section 31149) the name of the 
                person denied the exemption and the reasons for 
                such denial. The Secretary may meet the 
                requirement of this subparagraph by 
                periodically publishing in the Federal Register 
                the names of persons denied exemptions and the 
                reasons for such denials.
          (5) Applications to be dealt with promptly.--The 
        Secretary shall grant or deny an exemption request 
        after a thorough review of its safety implications, but 
        in no case later than 180 days after the filing date of 
        such request.
          (6) Terms and conditions.--The Secretary shall 
        establish terms and conditions for each exemption to 
        ensure that it will likely achieve a level of safety 
        that is equivalent to, or greater than, the level that 
        would be achieved absent such exemption. The Secretary 
        shall monitor the implementation of the exemption to 
        ensure compliance with its terms and conditions.
          (7) Notification of State compliance and enforcement 
        personnel.--Before the effective date of an exemption, 
        the Secretary shall notify a State safety compliance 
        and enforcement agency, and require the agency to 
        notify the State's roadside inspectors, that a person 
        will be operating pursuant to an exemption and the 
        terms and conditions that apply to the exemption.
  (c) Pilot Programs.--
          (1) In general.--The Secretary may conduct pilot 
        programs to evaluate alternatives to regulations 
        relating to, or innovative approaches to, motor 
        carrier, commercial motor vehicle, and driver safety. 
        Such pilot programs may include exemptions from a 
        regulation prescribed under this chapter or section 
        31136 if the pilot program contains, at a minimum, the 
        elements described in paragraph (2). The Secretary 
        shall publish a detailed description of each pilot 
        program, including the exemptions to be considered, and 
        provide notice and an opportunity for public comment 
        before the effective date of the program.
          (2) Program elements.--In proposing a pilot program 
        and before granting exemptions for purposes of a pilot 
        program, the Secretary shall require, as a condition of 
        approval of the project, that the safety measures in 
        the project are designed to achieve a level of safety 
        that is equivalent to, or greater than, the level of 
        safety that would otherwise be achieved through 
        compliance with the regulations prescribed under this 
        chapter or section 31136. The Secretary shall include, 
        at a minimum, the following elements in each pilot 
        program plan:
                  (A) A scheduled life of each pilot program of 
                not more than 3 years.
                  (B) A specific data collection and safety 
                analysis plan that identifies a method for 
                comparison.
                  (C) A reasonable number of participants 
                necessary to yield statistically valid 
                findings.
                  (D) An oversight plan to ensure that 
                participants comply with the terms and 
                conditions of participation.
                  (E) Adequate countermeasures to protect the 
                health and safety of study participants and the 
                general public.
                  (F) A plan to inform State partners and the 
                public about the pilot program and to identify 
                approved participants to safety compliance and 
                enforcement personnel and to the public.
          (3) Authority to revoke participation.--The Secretary 
        shall immediately revoke participation in a pilot 
        program of a motor carrier, commercial motor vehicle, 
        or driver for failure to comply with the terms and 
        conditions of the pilot program or if continued 
        participation would not be consistent with the goals 
        and objectives of this chapter or section 31136, as the 
        case may be.
          (4) Authority to terminate program.--The Secretary 
        shall immediately terminate a pilot program if its 
        continuation would not be consistent with the goals and 
        objectives of this chapter or section 31136, as the 
        case may be.
          (5) Report to Congress.--At the conclusion of each 
        pilot program, the Secretary shall report to Congress 
        the findings, conclusions, and recommendations of the 
        program, including suggested amendments to laws and 
        regulations that would enhance motor carrier, 
        commercial motor vehicle, and driver safety and improve 
        compliance with national safety standards.
  (d) Preemption of State Rules.--During the time period that a 
waiver, exemption, or pilot program is in effect under this 
chapter or section 31136, no State shall enforce any law or 
regulation that conflicts with or is inconsistent with the 
waiver, exemption, or pilot program with respect to a person 
operating under the waiver or exemption or participating in the 
pilot program.
  (e) Report to Congress.--The Secretary shall submit an annual 
report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives listing the waivers, exemptions, and pilot 
programs granted under this section, and any impacts on safety.
  (f) Web Site.--The Secretary shall ensure that the Federal 
Motor Carrier Safety Administration web site includes a link to 
the web site established by the Secretary to implement the 
requirements under sections 31149 and 31315. The link shall be 
in a clear and conspicuous location on the home page of the 
Federal Motor Carrier Safety Administration web site and be 
easily accessible to the public.
  [(f)] (g) Limitations on Municipality and Commercial Zone 
Exemptions and Waivers.--(1) The Secretary may not--
          (A) exempt a person or commercial motor vehicle from 
        a regulation related to commercial motor vehicle safety 
        only because the operations of the person or vehicle 
        are entirely in a municipality or commercial zone of a 
        municipality; or
          (B) waive application to a person or commercial motor 
        vehicle of a regulation related to commercial motor 
        vehicle safety only because the operations of the 
        person or vehicle are entirely in a municipality or 
        commercial zone of a municipality.
  (2) If a person was authorized to operate a commercial motor 
vehicle in a municipality or commercial zone of a municipality 
in the United States for the entire period from November 19, 
1987, through November 18, 1988, and if the person is otherwise 
qualified to operate a commercial motor vehicle, the person may 
operate a commercial motor vehicle entirely in a municipality 
or commercial zone of a municipality notwithstanding--
          (A) paragraph (1) of this subsection;
          (B) a minimum age requirement of the United States 
        Government for operation of the vehicle; and
          (C) a medical or physical condition that--
                  (i) would prevent an operator from operating 
                a commercial motor vehicle under the commercial 
                motor vehicle safety regulations in title 49, 
                Code of Federal Regulations;
                  (ii) existed on July 1, 1988;
                  (iii) has not substantially worsened; and
                  (iv) does not involve alcohol or drug abuse.
  (3) This subsection does not affect a State commercial motor 
vehicle safety law applicable to intrastate commerce.

CHAPTER 315--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *


Sec. 31502. Requirements for qualifications, hours of service, safety, 
                    and equipment standards

  (a) Application.--This section applies to transportation--
          (1) described in sections 13501 and 13502 of this 
        title; and
          (2) to the extent the transportation is in the United 
        States and is between places in a foreign country, or 
        between a place in a foreign country and a place in 
        another foreign country.
  (b) Motor Carrier and Private Motor Carrier Requirements.--
The Secretary of Transportation may prescribe requirements 
for--
          (1) qualifications and maximum hours of service of 
        employees of, and safety of operation and equipment of, 
        a motor carrier; and
          (2) qualifications and maximum hours of service of 
        employees of, and standards of equipment of, a motor 
        private carrier, when needed to promote safety of 
        operation.
  (c) Migrant Worker Motor Carrier Requirements.--The Secretary 
may prescribe requirements for the comfort of passengers, 
qualifications and maximum hours of service of operators, and 
safety of operation and equipment of a motor carrier of migrant 
workers. The requirements only apply to a carrier transporting 
a migrant worker--
          (1) at least 75 miles; and
          (2) across the boundary of a State, territory, or 
        possession of the United States.
  (d) Considerations.--Before prescribing or revising any 
requirement under this section, the Secretary shall consider 
the costs and benefits of the requirement.
  (e) Exception.--
          (1) In general.--Notwithstanding any other provision 
        of law, regulations issued under this section or 
        section 31136 regarding--
                  (A) maximum driving and on-duty times 
                applicable to operators of commercial motor 
                vehicles,
                  (B) physical testing, reporting, or 
                recordkeeping, and
                  (C) the installation of automatic recording 
                devices associated with establishing the 
                maximum driving and on-duty times referred to 
                in subparagraph (A),
        shall not apply to any driver of a utility service 
        vehicle during an emergency period of not more than 30 
        days declared by an elected State or local government 
        official under paragraph (2) in the area covered by the 
        declaration.
          (2) Declaration of emergency.--An elected State or 
        local government official or elected officials of more 
        than one State or local government jointly may issue an 
        emergency declaration for purposes of paragraph (1) 
        after notice to the Field Administrator of the Federal 
        Motor Carrier Safety Administration with jurisdiction 
        over the area covered by the declaration.
          (3) Incident report Within 30 days after the end of 
        the declared emergency period the official who issued 
        the emergency declaration shall file with the Field 
        Administrator a report of each safety-related incident 
        or accident that occurred during the emergency period 
        involving--
                  (A) a utility service vehicle driver to which 
                the declaration applied; or
                  (B) a utility service vehicle of the driver 
                to which the declaration applied.
          (4) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Driver of a utility service vehicle.--The 
                term ``driver of a utility service vehicle'' 
                means any driver who is considered to be a 
                driver of a utility service vehicle for 
                purposes of section 345(a)(4) of the National 
                Highway System Designation Act of 1995 (49 
                U.S.C. 31136 note; 109 Stat. 613).
                  (B) Utility service vehicle.--The term 
                ``utility service vehicle'' has the meaning 
                that term has under section 345(e)(6) of the 
                National Highway System Designation Act of 1995 
                (49 U.S.C. 31136 note; 109 Stat 614-615).
  (f) Ready Mixed Concrete Delivery Vehicles.--
          (1) In general.--Notwithstanding any other provision 
        of law, regulations issued under this section or 
        section 31136 (including section 1(e)(1)(ii) of part 
        395 of title 49, Code of Federal Regulations) regarding 
        reporting, recordkeeping, or documentation of duty 
        status, shall not apply to any driver of a ready mixed 
        concrete delivery vehicle if--
                  (A) the driver operates within a 100 air-mile 
                radius of the normal work reporting location;
                  (B) the driver returns to the work reporting 
                location and is released from work within 14 
                consecutive hours;
                  (C) the driver has at least 10 consecutive 
                hours off duty following each 14 hours on duty;
                  (D) the driver does not exceed 11 hours 
                maximum driving time following 10 consecutive 
                hours off duty; and
                  (E) the motor carrier that employs the driver 
                maintains and retains for a period of 6 months 
                accurate and true time records that show--
                          (i) the time the driver reports for 
                        duty each day;
                          (ii) the total number of hours the 
                        driver is on duty each day;
                          (iii) the time the driver is released 
                        from duty each day; and
                          (iv) the total time for the preceding 
                        driving week the driver is used for the 
                        first time or intermittently.
          (2) Definition.--In this section, the term ``driver 
        of ready mixed concrete delivery vehicle'' means a 
        driver of a vehicle designed to deliver ready mixed 
        concrete on a daily basis and is equipped with a 
        mechanism under which the vehicle's propulsion engine 
        provides the power to operate a mixer drum to agitate 
        and mix the product en route to the delivery site.

           *       *       *       *       *       *       *


                      [Subtitle IX--[Transferred]]

[Chapter                                                            Sec.
      [Transferred]....................................................]
      [Transferred]....................................................]

             Subtitle IX--MULTIMODAL FREIGHT TRANSPORTATION

Chapter                                                             Sec.
      Multimodal freight policy....................................70101
      Multimodal freight transportation planning and information...70201

                 CHAPTER 701--MULTIMODAL FREIGHT POLICY

Sec.
70101. National multimodal freight policy.
70102. National freight strategic plan.
70103. National Multimodal Freight Network.

Sec. 70101. National multimodal freight policy

  (a) In General.--It is the policy of the United States to 
maintain and improve the condition and performance of the 
National Multimodal Freight Network established under section 
70103 to ensure that the Network provides a foundation for the 
United States to compete in the global economy and achieve the 
goals described in subsection (b).
  (b) Goals.--The goals of the national multimodal freight 
policy are--
          (1) to identify infrastructure improvements, 
        policies, and operational innovations that--
                  (A) strengthen the contribution of the 
                National Multimodal Freight Network to the 
                economic competitiveness of the United States;
                  (B) reduce congestion and eliminate 
                bottlenecks on the National Multimodal Freight 
                Network; and
                  (C) increase productivity, particularly for 
                domestic industries and businesses that create 
                high-value jobs;
          (2) to improve the safety, security, efficiency, and 
        resiliency of multimodal freight transportation;
          (3) to achieve and maintain a state of good repair on 
        the National Multimodal Freight Network;
          (4) to use innovation and advanced technology to 
        improve the safety, efficiency, and reliability of the 
        National Multimodal Freight Network;
          (5) to improve the economic efficiency of the 
        National Multimodal Freight Network;
          (6) to improve the short- and long-distance movement 
        of goods that--
                  (A) travel across rural areas between 
                population centers;
                  (B) travel between rural areas and population 
                centers; and
                  (C) travel from the Nation's ports, airports, 
                and gateways to the National Multimodal Freight 
                Network;
          (7) to improve the flexibility of States to support 
        multi-State corridor planning and the creation of 
        multi-State organizations to increase the ability of 
        States to address multimodal freight connectivity; and
          (8) to reduce the adverse environmental impacts of 
        freight movement on the National Multimodal Freight 
        Network.

Sec. 70102. National freight strategic plan

  (a) In General.--Not later than 2 years after the date of 
enactment of this section, the Secretary of Transportation 
shall--
          (1) develop a national freight strategic plan in 
        accordance with this section; and
          (2) publish the plan on the public Internet Web site 
        of the Department of Transportation.
  (b) Contents.--The national freight strategic plan shall 
include--
          (1) an assessment of the condition and performance of 
        the National Multimodal Freight Network;
          (2) forecasts of freight volumes for the succeeding 
        5-, 10-, and 20-year periods;
          (3) an identification of major trade gateways and 
        national freight corridors that connect major 
        population centers, trade gateways, and other major 
        freight generators;
          (4) an identification of bottlenecks on the National 
        Multimodal Freight Network that create significant 
        freight congestion, based on a quantitative methodology 
        developed by the Secretary, which shall, at a minimum, 
        include--
                  (A) information from the Freight Analysis 
                Framework of the Federal Highway 
                Administration; and
                  (B) to the maximum extent practicable, an 
                estimate of the cost of addressing each 
                bottleneck and any operational improvements 
                that could be implemented;
          (5) an assessment of statutory, regulatory, 
        technological, institutional, financial, and other 
        barriers to improved freight transportation 
        performance, and a description of opportunities for 
        overcoming the barriers;
          (6) an identification of best practices for improving 
        the performance of the National Multimodal Freight 
        Network;
          (7) a process for addressing multistate projects and 
        encouraging jurisdictions to collaborate; and
          (8) strategies to improve freight intermodal 
        connectivity.
  (c) Updates.--Not later than 5 years after the date of 
completion of the national freight strategic plan under 
subsection (a), and every 5 years thereafter, the Secretary 
shall update the plan and publish the updated plan on the 
public Internet Web site of the Department of Transportation.
  (d) Consultation.--The Secretary shall develop and update the 
national freight strategic plan in consultation with State 
departments of transportation, metropolitan planning 
organizations, and other appropriate public and private 
transportation stakeholders.

Sec. 70103. National Multimodal Freight Network

  (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary of Transportation 
shall establish the National Multimodal Freight Network in 
accordance with this section--
          (1) to focus Federal policy on the most strategic 
        freight assets; and
          (2) to assist in strategically directing resources 
        and policies toward improved performance of the 
        National Multimodal Freight Network.
  (b) Network Components.--The National Multimodal Freight 
Network shall include--
          (1) the National Highway Freight Network, as 
        established under section 167 of title 23;
          (2) the freight rail systems of Class I railroads, as 
        designated by the Surface Transportation Board;
          (3) the public ports of the United States that have 
        total annual foreign and domestic trade of at least 
        2,000,000 short tons, as identified by the Waterborne 
        Commerce Statistics Center of the Army Corps of 
        Engineers, using the data from the latest year for 
        which such data is available;
          (4) the inland and intracoastal waterways of the 
        United States, as described in section 206 of the 
        Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);
          (5) the Great Lakes, the St. Lawrence Seaway, and 
        coastal routes along which domestic freight is 
        transported;
          (6) the 50 airports located in the United States with 
        the highest annual landed weight, as identified by the 
        Federal Aviation Administration; and
          (7) other strategic freight assets, including 
        strategic intermodal facilities and freight rail lines 
        of Class II and Class III railroads, designated by the 
        Secretary as critical to interstate commerce.
  (c) Other Strategic Freight Assets.--In determining network 
components in subsection (b), the Secretary may consider 
strategic freight assets identified by States, including public 
ports if such ports do not meet the annual tonnage threshold, 
for inclusion on the National Multimodal Freight Network.
  (d) Redesignation.--Not later than 5 years after the date of 
establishment of the National Multimodal Freight Network under 
subsection (a), and every 5 years thereafter, the Secretary 
shall update the National Multimodal Freight Network.
  (e) Consultation.--The Secretary shall establish and update 
the National Multimodal Freight Network in consultation with 
State departments of transportation and other appropriate 
public and private transportation stakeholders.
  (f) Landed Weight Defined.--In this section, the term 
``landed weight'' means the weight of an aircraft transporting 
only cargo in intrastate, interstate, or foreign air 
transportation, as such terms are defined in section 40102(a).

CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION

Sec.
70201. State freight advisory committees.
70202. State freight plans.
70203. Data and tools.

Sec. 70201. State freight advisory committees

  (a) In General.--The Secretary of Transportation shall 
encourage each State to establish a freight advisory committee 
consisting of a representative cross-section of public and 
private sector freight stakeholders, including representatives 
of ports, freight railroads, shippers, carriers, freight-
related associations, third-party logistics providers, the 
freight industry workforce, the transportation department of 
the State, and local governments.
  (b) Role of Committee.--A freight advisory committee of a 
State described in subsection (a) shall--
          (1) advise the State on freight-related priorities, 
        issues, projects, and funding needs;
          (2) serve as a forum for discussion for State 
        transportation decisions affecting freight mobility;
          (3) communicate and coordinate regional priorities 
        with other organizations;
          (4) promote the sharing of information between the 
        private and public sectors on freight issues; and
          (5) participate in the development of the freight 
        plan of the State described in section 70202.

Sec. 70202. State freight plans

  (a) In General.--Each State shall develop a freight plan that 
provides a comprehensive plan for the immediate and long-range 
planning activities and investments of the State with respect 
to freight.
  (b) Plan Contents.--A freight plan described in subsection 
(a) shall include, at a minimum--
          (1) an identification of significant freight system 
        trends, needs, and issues with respect to the State;
          (2) a description of the freight policies, 
        strategies, and performance measures that will guide 
        the freight-related transportation investment decisions 
        of the State;
          (3) a description of how the plan will improve the 
        ability of the State to meet the national freight goals 
        described in section 70101;
          (4) evidence of consideration of innovative 
        technologies and operational strategies, including 
        intelligent transportation systems, that improve the 
        safety and efficiency of freight movement;
          (5) in the case of routes on which travel by heavy 
        vehicles (including mining, agricultural, energy cargo 
        or equipment, and timber vehicles) is projected to 
        substantially deteriorate the condition of roadways, a 
        description of improvements that may be required to 
        reduce or impede the deterioration; and
          (6) an inventory of facilities with freight mobility 
        issues, such as truck bottlenecks, within the State, 
        and a description of the strategies the State is 
        employing to address those freight mobility issues.
  (c) Relationship to State Plans.--
          (1) In general.--A freight plan described in 
        subsection (a) may be developed separately from or 
        incorporated into the statewide transportation plans 
        required by section 135 of title 23.
          (2) Updates.--If the freight plan described in 
        subsection (a) is developed separately from the State 
        transportation improvement program, the freight plan 
        shall be updated at least every 5 years.

Sec. 70203. Data and tools

  (a) In General.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall--
          (1) begin development of new tools or improve 
        existing tools to support an outcome-oriented, 
        performance-based approach to evaluate proposed 
        freight-related and other transportation projects, 
        including--
                  (A) methodologies for systematic analysis of 
                benefits and costs;
                  (B) tools for ensuring that the evaluation of 
                freight-related and other transportation 
                projects may consider safety, economic 
                competitiveness, environmental sustainability, 
                and system condition in the project selection 
                process; and
                  (C) other elements to assist in effective 
                transportation planning;
          (2) identify transportation-related freight travel 
        models and model data elements to support a broad range 
        of evaluation methods and techniques to assist in 
        making transportation investment decisions; and
          (3) at a minimum, in consultation with other relevant 
        Federal agencies, consider any improvements to existing 
        freight flow data collection efforts, including 
        improved methods to standardize and manage the data, 
        that could reduce identified freight data gaps and 
        deficiencies and help improve forecasts of freight 
        transportation demand.
  (b) Consultation.--The Secretary shall consult with Federal, 
State, and other stakeholders to develop, improve, and 
implement the tools and collect the data described in 
subsection (a).

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                              ----------                              


             TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY



           *       *       *       *       *       *       *
TITLE I--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *


Subtitle B--General Provisions

           *       *       *       *       *       *       *


SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.

  (a) [Omitted amendatory text]
  (b) Interstate System Reconstruction and Rehabilitation Pilot 
Program.--
          (1) Establishment.--The Secretary shall establish and 
        implement an Interstate System reconstruction and 
        rehabilitation pilot program under which the Secretary, 
        notwithstanding sections 129 and 301 of title 23, 
        United States Code, may permit a State to collect tolls 
        on a highway, bridge, or tunnel on the Interstate 
        System for the purpose of reconstructing and 
        rehabilitating Interstate highway corridors that could 
        not otherwise be adequately maintained or functionally 
        improved without the collection of tolls.
          (2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        subsection on 3 facilities on the Interstate System. 
        Each of such facilities shall be located in a different 
        State.
          (3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                  (A) An identification of the facility on the 
                Interstate System proposed to be a toll 
                facility, including the age, condition, and 
                intensity of use of the facility.
                  (B) In the case of a facility that affects a 
                metropolitan area, an assurance that the 
                metropolitan planning organization established 
                under section 134 of title 23, United States 
                Code, for the area has been consulted 
                concerning the placement and amount of tolls on 
                the facility.
                  (C) An analysis demonstrating that the 
                facility could not be maintained or improved to 
                meet current or future needs from the State's 
                apportionments and allocations made available 
                by this Act (including amendments made by this 
                Act) and from revenues for highways from any 
                other source without toll revenues.
                  (D) A facility management plan that 
                includes--
                          (i) a plan for implementing the 
                        imposition of tolls on the facility;
                          (ii) a schedule and finance plan for 
                        the reconstruction or rehabilitation of 
                        the facility using toll revenues;
                          (iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                          (iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                          (v) such other information as the 
                        Secretary may require.
          (4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                  (A) the State is unable to reconstruct or 
                rehabilitate the proposed toll facility using 
                existing apportionments;
                  (B) the facility has a sufficient intensity 
                of use, age, or condition to warrant the 
                collection of tolls;
                  (C) the State plan for implementing tolls on 
                the facility takes into account the interests 
                of local, regional, and interstate travelers;
                  (D) the State plan for reconstruction or 
                rehabilitation of the facility using toll 
                revenues is reasonable; [and]
                  (E) the State has given preference to the use 
                of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System[.]; and
                  (F) the State has approved enabling 
                legislation required for the project to 
                proceed.
          (5) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                  (A) all toll revenues received from operation 
                of the toll facility will be used only for--
                          (i) debt service;
                          (ii) reasonable return on investment 
                        of any private person financing the 
                        project; and
                          (iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                  (B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
          (6) Requirements for project completion.--
                  (A) General term for expiration of 
                provisional application.--An application 
                provisionally approved by the Secretary under 
                this subsection shall expire 3 years after the 
                date on which the application was provisionally 
                approved if the State has not--
                          (i) submitted a complete application 
                        to the Secretary that fully satisfies 
                        the eligibility criteria under 
                        paragraph (3) and the selection 
                        criteria under paragraph (4);
                          (ii) completed the environmental 
                        review and permitting process under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) for the 
                        pilot project; and
                          (iii) executed a toll agreement with 
                        the Secretary.
                  (B) Exceptions to expiration.--
                Notwithstanding subparagraph (A), the Secretary 
                may extend the provisional approval for not 
                more than 1 additional year if the State 
                demonstrates material progress toward 
                implementation of the project as evidenced by--
                          (i) substantial progress in 
                        completing the environmental review and 
                        permitting process for the pilot 
                        project under the National 
                        Environmental Policy Act of 1969;
                          (ii) funding and financing 
                        commitments for the pilot project;
                          (iii) expressions of support for the 
                        pilot project from State and local 
                        governments, community interests, and 
                        the public; and
                          (iv) submission of a facility 
                        management plan pursuant to paragraph 
                        (3)(D).
                  (C) Conditions for previously provisionally 
                approved applications.--A State with a 
                provisionally approved application for a pilot 
                project as of the date of enactment of the 
                Surface Transportation Reauthorization and 
                Reform Act of 2015 shall have 1 year after such 
                date of enactment to meet the requirements of 
                subparagraph (A) or receive an extension from 
                the Secretary under subparagraph (B), or the 
                application will expire.
          (7) Definition.--In this subsection, the term 
        ``provisional approval'' or ``provisionally approved'' 
        means the approval by the Secretary of a partial 
        application under this subsection, including the 
        reservation of a slot in the pilot program.
          [(6)] (8) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) of title 23, United States Code, may not be 
        used on a facility for which tolls are being collected 
        under the program.
          [(7)] (9) Program term.--The Secretary shall conduct 
        the pilot program under this subsection for a term to 
        be determined by the Secretary, but not less than 10 
        years.
          [(8)] (10) Interstate system defined.--In this 
        subsection, the term ``Interstate System'' has the 
        meaning such term has under section 101 of title 23, 
        United States Code.

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                              ----------                              


        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991



           *       *       *       *       *       *       *
                    TITLE I--SURFACE TRANSPORTATION

Part A--Title 23 Programs

           *       *       *       *       *       *       *


SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) Findings.--The Congress finds that--
          (1) the construction of the Interstate Highway System 
        connected the major population centers of the Nation 
        and greatly enhanced economic growth in the United 
        States;
          (2) many regions of the Nation are not now adequately 
        served by the Interstate System or comparable highways 
        and require further highway development in order to 
        serve the travel and economic development needs of the 
        region; and
          (3) the development of transportation corridors is 
        the most efficient and effective way of integrating 
        regions and improving efficiency and safety of commerce 
        and travel and further promoting economic development.
  (b) Purpose.--It is the purpose of this section to identify 
highway corridors and evacuation routes of national 
significance; to include those corridors on the National 
Highway System; to allow the Secretary, in cooperation with the 
States, to prepare long-range plans and feasibility studies for 
these corridors; to allow the States to give priority to 
funding the construction of these corridors; and to provide 
increased funding for segments of these corridors that have 
been identified for construction.
  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1) North-South Corridor from Kansas City, Missouri, 
        to Shreveport, Louisiana.
          (2) Avenue of the Saints Corridor from St. Louis, 
        Missouri, to St. Paul, Minnesota.
          (3) East-West Transamerica Corridor commencing on the 
        Atlantic Coast in the Hampton Roads area going westward 
        across Virginia to the vicinity of Lynchburg, Virginia, 
        continuing west to serve Roanoke and then to a West 
        Virginia corridor centered around Beckley to Welch as 
        part of the Coalfields Expressway described in section 
        1069(v), then to Williamson sharing a common corridor 
        with the I-73/74 Corridor (referred to in item 12 of 
        the table contained in subsection (f)), then to a 
        Kentucky Corridor centered on the cities of Pikeville, 
        Jenkins, Hazard, London, and Somerset; then, generally 
        following the Louie B. Nunn Parkway corridor from 
        Somerset to Columbia, to Glasgow, to I-65; then to 
        Bowling Green, Hopkinsville, Benton, and Paducah, into 
        Illinois, and into Missouri and exiting western 
        Missouri and moving westward across southern Kansas.
          (4) Hoosier Heartland Industrial Corridor from 
        Lafayette, Indiana, to Toledo, Ohio.
          (5)(A) I-73/74 North-South Corridor from Charleston, 
        South Carolina, through Winston-Salem, North Carolina, 
        to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at 
        Detroit, Michigan and Sault Ste. Marie, Michigan. The 
        Sault Ste. Marie terminus shall be reached via a 
        corridor connecting Adrian, Jackson, Lansing, Mount 
        Pleasant, and Grayling, Michigan.
          (B)(i) In the Commonwealth of Virginia, the Corridor 
        shall generally follow--
                  (I) United States Route 220 from the 
                Virginia-North Carolina border to I-581 south 
                of Roanoke;
                  (II) I-581 to I-81 in the vicinity of 
                Roanoke;
                  (III) I-81 to the proposed highway to 
                demonstrate intelligent transportation systems 
                authorized by item 29 of the table in section 
                1107(b) in the vicinity of Christiansburg to 
                United States Route 460 in the vicinity of 
                Blacksburg; and
                  (IV) United States Route 460 to the West 
                Virginia State line.
          (ii) In the States of West Virginia, Kentucky, and 
        Ohio, the Corridor shall generally follow--
                  (I) United States Route 460 from the West 
                Virginia State line to United States Route 52 
                at Bluefield, West Virginia; and
                  (II) United States Route 52 to United States 
                Route 23 at Portsmouth, Ohio.
          (iii) In the States of North Carolina and South 
        Carolina, the Corridor shall generally follow--
                  (I) in the case of I-73--
                          (aa) United States Route 220 from the 
                        Virginia State line to State Route 68 
                        in the vicinity of Greensboro;
                          (bb) State Route 68 to I-40;
                          (cc) I-40 to United States Route 220 
                        in Greensboro;
                          (dd) United States Route 220 to 
                        United States Route 1 near Rockingham;
                          (ee) United States Route 1 to the 
                        South Carolina State line; and
                                  (ff) South Carolina State 
                                line to the Myrtle Beach Conway 
                                region to Georgetown, South 
                                Carolina, including a 
                                connection to Andrews following 
                                the route 41 corridor and to 
                                Camden following the U.S. Route 
                                521 corridor; and
                  (II) in the case of I-74--
                          (aa) I-77 from Bluefield, West 
                        Virginia, to the junction of I-77 and 
                        the United States Route 52 connector in 
                        Surry County, North Carolina;
                          (bb) the I-77/United States Route 52 
                        connector to United States Route 52 
                        south of Mount Airy, North Carolina;
                          (cc) United States Route 52 to United 
                        States Route 311 in Winston-Salem, 
                        North Carolina;
                          (dd) United States Route 311 to 
                        United States Route 220 in the vicinity 
                        of Randleman, North Carolina;
                          (ee) United States Route 220 to 
                        United States Route 74 near Rockingham;
                          (ff) United States Route 74 to United 
                        States Route 76 near Whiteville;
                          (gg) United States Route 74/76 to the 
                        South Carolina State line in Brunswick 
                        County; and
                                  (hh) South Carolina State 
                                line to the Myrtle Beach Conway 
                                region to Georgetown, South 
                                Carolina.
          (6) United States Route 80 Corridor from Meridian, 
        Mississippi, to Savannah, Georgia.
          (7) East-West Corridor from Memphis, Tennessee, 
        through Huntsville, Alabama, to Atlanta, Georgia, and 
        Chattanooga, Tennessee.
          (8) Highway 412 East-West Corridor from Tulsa, 
        Oklahoma, through Arkansas along United States Route 
        62/63/65 to Nashville, Tennessee.
          (9) United States Route 220 and the Appalachian 
        Thruway Corridor from Business 220 in Bedford, 
        Pennsylvania, to the vicinity of Corning, New York, 
        including United States Route 322 between United States 
        Route 220 and I-80.
          (10) Appalachian Regional Corridor X.
          (11) Appalachian Regional Corridor V.
          (12) United States Route 25E Corridor from Corbin, 
        Kentucky, to Morristown, Tennessee, via Cumberland Gap, 
        to include that portion of Route 58 in Virginia which 
        lies within the Cumberland Gap Historical Park.
          [(13) Raleigh-Norfolk Corridor, Raleigh, North 
        Carolina, to Norfolk, Virginia.]
          (13) Raleigh-Norfolk Corridor from Raleigh, North 
        Carolina, through Rocky Mount, Williamston, and 
        Elizabeth City, North Carolina, to Norfolk, Virginia.
          (14) Heartland Expressway from Denver, Colorado, 
        through Scottsbluff, Nebraska, to Rapid City, South 
        Dakota as follows:
                  (A) In the State of Colorado, the Heartland 
                Expressway Corridor shall generally follow--
                          (i) Interstate 76 from Denver to 
                        Brush; and
                          (ii) Colorado Highway 71 from Limon 
                        to the border between the States of 
                        Colorado and Nebraska.
                  (B) In the State of Nebraska, the Heartland 
                Expressway Corridor shall generally follow--
                          (i) Nebraska Highway 71 from the 
                        border between the States of Colorado 
                        and Nebraska to Scottsbluff;
                          (ii) United States Route 26 from 
                        Scottsbluff to the intersection with 
                        State Highway L62A;
                          (iii) State Highway L62A from the 
                        intersection with United States Route 
                        26 to United States Route 385 north of 
                        Bridgeport;
                          (iv) United States Route 385 to the 
                        border between the States of Nebraska 
                        and South Dakota; and
                          (v) United States Highway 26 from 
                        Scottsbluff to the border of the States 
                        of Nebraska and Wyoming.
                  (C) In the State of Wyoming, the Heartland 
                Expressway Corridor shall generally follow 
                United States Highway 26 from the border of the 
                States of Nebraska and Wyoming to the 
                termination at Interstate 25 at Interchange 
                number 94.
                  (D) In the State of South Dakota, the 
                Heartland Expressway Corridor shall generally 
                follow--
                          (i) United States Route 385 from the 
                        border between the States of Nebraska 
                        and South Dakota to the intersection 
                        with State Highway 79; and
                          (ii) State Highway 79 from the 
                        intersection with United States Route 
                        385 to Rapid City.
          (15) Urban Highway Corridor along M-59 in Michigan.
          (16) Economic Lifeline Corridor along I-15 and I-40 
        in California, Arizona, and Nevada.
          (17) Route 29 Corridor from Greensboro, North 
        Carolina, to the District of Columbia.
          (18) Corridor from Sarnia, Ontario, Canada, through 
        Port Huron, Michigan, southwesterly along Interstate 
        Route 69 through Indianapolis, Indiana, through 
        Evansville, Indiana, Memphis, Tennessee, Mississippi, 
        Arkansas, Shreveport/Bossier, Louisiana, to Houston, 
        Texas, and to the Lower Rio Grande Valley at the border 
        between the United States and Mexico, as follows:
                  (A) In Michigan, the corridor shall be from 
                Sarnia, Ontario, Canada, southwesterly along 
                Interstate Route 94 to the Ambassador Bridge 
                interchange in Detroit, Michigan.
                  (B) In Michigan and Illinois, the corridor 
                shall be from Windsor, Ontario, Canada, through 
                Detroit, Michigan, westerly along Interstate 
                Route 94 to Chicago, Illinois.
                  (C) In Tennessee, Mississippi, Arkansas, and 
                Louisiana, the Corridor shall--
                          (i) follow the alignment generally 
                        identified in the Corridor 18 Special 
                        Issues Study Final Report; and
                          (ii) include a connection between the 
                        Corridor east of Wilmar, Arkansas, and 
                        west of Monticello, Arkansas, to Pine 
                        Bluff, Arkansas.
                  (D) In the Lower Rio Grande Valley, the 
                Corridor shall--
                          (i) include United States Route 77 
                        from the Rio Grande River to Interstate 
                        Route 37 at Corpus Christi, Texas, and 
                        then to Victoria, Texas, via U.S. Route 
                        77;
                          (ii) include United States Route 281 
                        from the Rio Grande River to Interstate 
                        Route 37 and then to Victoria, Texas, 
                        via United States Route 59; [and]
                          (iii) include the Corpus Christi 
                        Northside Highway and Rail Corridor 
                        from the existing intersection of 
                        United States Route 77 and Interstate 
                        Route 37 to United States Route 181, 
                        including FM511 from United States 
                        Route 77 to the Port of Brownsville[.]; 
                        and
                          (iv) include Texas State Highway 44 
                        from United States Route 59 at Freer, 
                        Texas, to Texas State Highway 358.
                  (E) In Kentucky, the corridor shall utilize 
                the existing Purchase Parkway from the 
                Tennessee State line to Interstate 24, follow 
                Interstate Route 24 to the Wendell H. Ford 
                Western Kentucky Parkway, then utilize the 
                existing Wendell H. Ford Western Kentucky 
                Parkway and Edward T. Breathitt (Pennyrile) 
                Parkway to Henderson.
          (19) United States Route 395 Corridor from the United 
        States-Canadian border to Reno, Nevada.
          (20) United States Route 59 Corridor from Laredo, 
        Texas, through Houston, Texas, to the vicinity of 
        Texarkana, Texas.
          (21) United States Route 219 Corridor from Buffalo, 
        New York, to the intersection of Interstate Route 80.
          (22) The Alameda Transportation Corridor along 
        Alameda Street from the entrance to the ports of Los 
        Angeles and Long Beach to Interstate 10, Los Angeles, 
        California.
          (23) The Interstate Route 35 Corridor from Laredo, 
        Texas, through Oklahoma City, Oklahoma, to Wichita, 
        Kansas, to Kansas City, Kansas/Missouri, to Des Moines, 
        Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota, 
        including I-29 between Kansas City and the Canadian 
        border and the connection from Wichita, Kansas, to 
        Sioux City, Iowa, which includes I-135 from Wichita, 
        Kansas to Salina, Kansas, United States Route 81 from 
        Salina, Kansas, to Norfolk, Nebraska, Nebraska State 
        Route 35 from Norfolk, Nebraska, to South Sioux City, 
        Nebraska, and the connection to I-29 in Sioux City, 
        Iowa.
          (24) The Dalton Highway from Deadhorse, Alaska to 
        Fairbanks, Alaska.
          (25) State Route 168 (South Battlefield Boulevard), 
        Virginia, from the Great Bridge Bypass to the North 
        Carolina State line.
          (26) The CANAMEX Corridor from Nogales, Arizona, 
        through Las Vegas, Nevada, to Salt Lake City, Utah, to 
        Idaho Falls, Idaho, to Montana, to the Canadian Border 
        as follows:
                  (A) In the State of Arizona, the CANAMEX 
                Corridor shall generally follow--
                          (i) I-19 from Nogales to Tucson;
                          (ii) I-10 from Tucson to Phoenix; and
                          (iii) United States Route 93 in the 
                        vicinity of Phoenix to the Nevada 
                        Border.
                  (B) In the State of Nevada, the CANAMEX 
                Corridor shall follow--
                          (i) United States Route 93 from the 
                        Arizona Border to Las Vegas; and
                          (ii) I-15 from Las Vegas to the Utah 
                        Border.
                  (C) From the Utah Border through Montana to 
                the Canadian Border, the CANAMEX Corridor shall 
                follow I-15.
          (27) The Camino Real Corridor from El Paso, Texas, to 
        Denver, Colorado, as follows:
                  (A) In the State of Texas, the Camino Real 
                Corridor shall generally follow--
                          (i) arterials from the international 
                        ports of entry to I-10 in El Paso 
                        County; and
                          (ii) I-10 from El Paso County to the 
                        New Mexico border.
                  (B) In the State of New Mexico, the Camino 
                Real Corridor shall generally follow--
                          (i) I-10 from the Texas Border to Las 
                        Cruces; and
                          (ii) I-25 from Las Cruces to the 
                        Colorado Border.
                  (C) In the State of Colorado, the Camino Real 
                Corridor shall generally follow I-25 from the 
                New Mexico border to Denver continuing to the 
                Wyoming border.
                  (D) In the State of Wyoming, the Camino Real 
                Corridor shall generally follow--
                          (i) I-25 north to join with I-90 at 
                        Buffalo; and
                          (ii) I-90 to the Montana border.
                  (E) In the State of Montana, the Camino Real 
                Corridor shall generally follow--
                          (i) I-90 to Billings; and
                          (ii) Montana Route 3, United States 
                        Route 12, United States Route 191, 
                        United States Route 87, to I-15 at 
                        Great Falls; and
                          (iii) I-15 from Great Falls to the 
                        Canadian border.
          (28) The Birmingham Northern Beltline beginning at I-
        59 in the vicinity of Trussville, Alabama, and 
        traversing westwardly intersecting with United States 
        Route 75, United States Route 79, and United States 
        Route 31; continuing southwestwardly intersecting 
        United States Route 78 and terminating at I-59 with the 
        I-459 interchange.
          (29) The Coalfields Expressway beginning at Beckley, 
        West Virginia, to Pound, Virginia, generally following 
        the corridor defined as State Routes 54, 97, 10, 16, 
        and 83.
          (30) Interstate Route 5 in the States of California, 
        Oregon, and Washington, including California State 
        Route 905 between Interstate Route 5 and the Otay Mesa 
        Port of Entry.
          (31) The Mon-Fayette Expressway and Southern Beltway 
        in Pennsylvania and West Virginia.
          (32) The Wisconsin Development Corridor from the 
        Iowa, Illinois, and Wisconsin border near Dubuque, 
        Iowa, to the Upper Mississippi River Basin near Eau 
        Claire, Wisconsin, as follows:
                  (A) United States Route 151 from the Iowa 
                border to Fond du Lac via Madison, Wisconsin, 
                then United States Route 41 from Fond du Lac to 
                Marinette via Oshkosh, Appleton, and Green Bay, 
                Wisconsin.
                  (B) State Route 29 from Green Bay to I-94 via 
                Wausau, Chippewa Falls, and Eau Claire, 
                Wisconsin.
                  (C) United States Route 10 from Appleton to 
                Marshfield, Wisconsin.
          (33) The Capital Gateway Corridor following United 
        States Route 50 from the proposed intermodal 
        transportation center connected to and including the I-
        395 corridor in Washington, D.C., to the intersection 
        of United States Route 50 with Kenilworth Avenue and 
        the Baltimore-Washington Parkway in Maryland.
          (34) The Alameda Corridor-East and Southwest Passage, 
        California. The Alameda Corridor-East is generally 
        described as the corridor from East Los Angeles 
        (terminus of Alameda Corridor) through Los Angeles, 
        Orange, San Bernardino, and Riverside Counties, to 
        termini at Barstow in San Bernardino County and 
        Coachella in Riverside County. The Southwest Passage 
        shall follow I-10 from San Bernardino to the Arizona 
        State line.
          (35) Everett-Tacoma FAST Corridor.
          (36) New York and Pennsylvania State Route 17 from 
        Harriman, New York, to its intersection with I-90 in 
        Pennsylvania.
          (37) United States Route 90 from I-49 in Lafayette, 
        Louisiana, to I-10 in New Orleans.
          (38)(A) The Ports-to-Plains Corridor from Laredo, 
        Texas, via I-27 to Denver, Colorado, shall include:
                  (i) In the State of Texas the Ports-to-Plains 
                Corridor shall generally follow--
                          (I) I-35 from Laredo to United States 
                        Route 83 at Exit 18;
                          (II) United States Route 83 from Exit 
                        18 to Carrizo Springs;
                          (III) United States Route 277 from 
                        Carrizo Springs to San Angelo;
                          (IV) United States Route 87 from San 
                        Angelo to Sterling City;
                          (V) From Sterling City to Lamesa, the 
                        Corridor shall follow United States 
                        Route 87 and, the Corridor shall also 
                        follow Texas Route 158 from Sterling 
                        City to I-20, then via I-20 West to 
                        Texas Route 349 and, Texas Route 349 
                        from Midland to Lamesa;
                          (VI) United States Route 87 from 
                        Lamesa to Lubbock;
                          (VII) I-27 from Lubbock to Amarillo;
                          (VIII) United States Route 287 from 
                        Amarillo to Dumas; and
                          (IX) United States Route 287 from 
                        Dumas to the border between the States 
                        of Texas and Oklahoma, and also United 
                        States Route 87 from Dumas to the 
                        border between the States of Texas and 
                        New Mexico.
                  (ii) In the State of Oklahoma, the Ports-to-
                Plains Corridor shall generally follow United 
                States Route 287 from the border between the 
                States of Texas and Oklahoma to the border 
                between the States of Oklahoma and Colorado.
                  (iii) In the State of Colorado, the Ports-to-
                Plains Corridor shall generally follow--
                          (I) United States Route 287 from the 
                        border between the States of Oklahoma 
                        and Colorado to Limon; and
                          (II) Interstate Route 70 from Limon 
                        to Denver.
                  (iv) In the State of New Mexico, the Ports-
                to-Plains Corridor shall generally follow 
                United States Route 87 from the border between 
                the States of Texas and New Mexico to Raton.
          (B) The corridor designation contained in subclauses 
        (I) through (VIII) of subparagraph (A)(i) shall take 
        effect only if the Texas Transportation Commission has 
        not designated the Ports-to-Plains Corridor in Texas by 
        June 30, 2001.
          (39) United States Route 63 from Marked Tree, 
        Arkansas, to I-55.
          (40) The Greensboro Corridor from Danville, Virginia, 
        to Greensboro, North Carolina, along United States 
        Route 29.
          (41) The Falls-to-Falls Corridor--United States Route 
        53 from International Falls on the Minnesota/Canada 
        border to Chippewa Falls, Wisconsin.
          (42) The portion of Corridor V of the Appalachian 
        development highway system from Interstate Route 55 
        near Batesville, Mississippi, to the intersection with 
        Corridor X of the Appalachian development highway 
        system near Fulton, Mississippi.
          (43) The United States Route 95 Corridor from the 
        Canadian border at Eastport, Idaho, to the Oregon State 
        border.
          (44) The Louisiana Highway 1 corridor from Grand 
        Isle, Louisiana, along Louisiana Highway 1, to the 
        intersection with United States Route 90.
          (45) The United States Route 78 Corridor from 
        Memphis, Tennessee, to Corridor X of the Appalachian 
        development highway system near Fulton, Mississippi, 
        and Corridor X of the Appalachian development highway 
        system extending from near Fulton, Mississippi, to near 
        Birmingham, Alabama.
          (46) Interstate Route 710 between the terminus at 
        Long Beach, California, to California State Route 60.
          (47) Interstate Route 87 from the Quebec border to 
        New York City.
          (48) The Route 50 High Plains Corridor along the 
        United States Route 50 corridor from Newton, Kansas, to 
        Pueblo, Colorado.
          (49) The Atlantic Commerce Corridor on Interstate 
        Route 95 from Jacksonville, Florida, to Miami, Florida.
          (50) The East-West Corridor commencing in Watertown, 
        New York, continuing northeast through New York, 
        Vermont, New Hampshire, and Maine, and terminating in 
        Calais, Maine.
          (51) The SPIRIT Corridor on United States Route 54 
        from El Paso, Texas, through New Mexico, Texas, and 
        Oklahoma to Wichita, Kansas.
          (52) The route in Arkansas running south of and 
        parallel to Arkansas State Highway 226 from the 
        relocation of United States Route 67 to the vicinity of 
        United States Route 49 and United States Route 63.
          (53) United States Highway Route 6 from Interstate 
        Route 70 to Interstate Route 15, Utah.
          (54) The California Farm-to-Market Corridor, 
        California State Route 99 from south of Bakersfield to 
        Sacramento, California.
          (55) In Texas, Interstate Route 20 from Interstate 
        Route 35E in Dallas County, east to the intersection of 
        Interstate Route 635, north to the intersection of 
        Interstate Route 30, northeast through Texarkana to 
        Little Rock, Arkansas, Interstate Route 40 northeast 
        from Little Rock east to the proposed Interstate Route 
        69 corridor.
          (56) In the State of Texas, the La Entrada al 
        Pacifico Corridor consisting of the following highways 
        and any portion of a highway in a corridor on 2 miles 
        of either side of the center line of the highway:
                  (A) State Route 349 from Lamesa to the point 
                on that highway that is closest to 32 degrees, 
                7 minutes, north latitude, by 102 degrees, 6 
                minutes, west longitude.
                  (B) The segment or any roadway extending from 
                the point described by subparagraph (A) to the 
                point on Farm-to-Market Road 1788 closest to 32 
                degrees, 0 minutes, north latitude, by 102 
                degrees, 16 minutes, west longitude.
                  (C) Farm-to-Market Road 1788 from the point 
                described by subparagraph (B) to its 
                intersection with Interstate Route 20.
                  (D) Interstate Route 20 from its intersection 
                with Farm-to-Market Road 1788 to its 
                intersection with United States Route 385.
                  (E) United States Route 385 from Odessa to 
                Fort Stockton, including those portions that 
                parallel United States Route 67 and Interstate 
                Route 10.
                  (F) United States Route 67 from Fort Stockton 
                to Presidio, including those portions that 
                parallel Interstate Route 10 and United States 
                Route 90.
          (57) United States Route 41 corridor between 
        Interstate Route 94 via Interstate Route 894 and 
        Highway 45 near Milwaukee and Interstate Route 43 near 
        Green Bay in the State of Wisconsin.
          (58) The Theodore Roosevelt Expressway from Rapid 
        City, South Dakota, north on United States Route 85 to 
        Williston, North Dakota, west on United States Route 2 
        to Culbertson, Montana, and north on Montana Highway 16 
        to the international border with Canada at the port of 
        Raymond, Montana.
          (59) The Central North American Trade Corridor from 
        the border between North Dakota and South Dakota, north 
        on United States Route 83 through Bismark and Minot, 
        North Dakota, to the international border with Canada.
          (60) The Providence Beltline Corridor beginning at 
        Interstate Route 95 in the vicinity of Hope Valley, 
        Rhode Island, traversing eastwardly intersecting and 
        merging into Interstate Route 295, continuing 
        northeastwardly along Interstate Route 95, and 
        terminating at the Massachusetts border, and including 
        the western bypass of Providence, Rhode Island, from 
        Interstate Route 295 to the Massachusetts border.
          (61) In the State of Missouri, the corridors 
        consisting of the following highways:
                  (A) Interstate Route 70, from Interstate 
                Route 29/35 to United States Route 61/Avenue of 
                the Saints.
                  (B) Interstate Route 72/United States Route 
                36, from the intersection with Interstate Route 
                29 to United States Route 61/Avenue of the 
                Saints.
                  (C) United States Route 67, from Interstate 
                Route 55 to the Arkansas State line.
                  (D) United States Route 65, from United 
                States Route 36/Interstate Route 72 to the 
                East-West TransAmerica corridor, at the 
                Arkansas State line.
                  (E) United States Route 63, from United 
                States Route 36 and the proposed Interstate 
                Route 72 to the East-West TransAmerica 
                corridor, at the Arkansas State line.
                  (F) United States Route 54, from the Kansas 
                State line to United States Route 61/Avenue of 
                the Saints.
          (62) The Georgia Developmental Highway System 
        Corridors identified in section 32-4-22 of the Official 
        Code of Georgia, Annotated.
          (63) The Liberty Corridor, a corridor in an area 
        encompassing very critical and significant 
        transportation infrastructure providing regional, 
        national, and international access through the State of 
        New Jersey, including Interstate Routes 95, 80, 287, 
        and 78, United States Routes 1, 9, and 46, and State 
        Routes 3 and 17, and portways and connecting 
        infrastructure.
          (64) The corridor in an area of passage in the State 
        of New Jersey serving significant interstate and 
        regional traffic, located near the cities of Camden, 
        New Jersey, and Philadelphia, Pennsylvania, and 
        including Interstate Route 295, State Route 42, United 
        States Route 130, and Interstate Routes 76 and 676.
          (65) The Interstate Route 95 Corridor beginning at 
        the New York State line and continuing through 
        Connecticut to the Rhode Island State line.
          (66) The Interstate Route 91 Corridor from New Haven, 
        Connecticut, to the Massachusetts State line.
          (67) The Fairbanks-Yukon International Corridor 
        consisting of the portion of the Alaska Highway from 
        the international border with Canada to the Richardson 
        Highway, and the Richardson Highway from its junction 
        with the Alaska Highway to Fairbanks, Alaska.
          [(68) The Washoe County corridor, along Interstate 
        Route 580/United States Route 95/United States Route 
        95A, from Reno, Nevada, to Las Vegas, Nevada.]
          (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.
          (69) The Cross Valley Connector connecting Interstate 
        Route 5 and State Route 14, Santa Clarita Valley, 
        California.
          (70) The Economic Lifeline corridor, along Interstate 
        Route 15 and Interstate Route 40, California, Arizona, 
        and Nevada, including Interstate Route 215 South from 
        near San Bernadino, California, to Riverside, 
        California, and State Route 91 from Riverside, 
        California, to the intersection with Interstate Route 
        15 near Corona, California.
          (71) The High Desert Corridor/E-220 from Los Angeles, 
        California, to Las Vegas, Nevada, via Palmdale and 
        Victorville, California.
          (72) The North-South corridor, along Interstate Route 
        49 North, from Kansas City, Missouri, to Shreveport, 
        Louisiana.
          (73) The Louisiana Highway corridor, along Louisiana 
        Highway 1, from Grand Isle, Louisiana, to the 
        intersection with United States Route 90.
          (74) The portion of United States Route 90 from 
        Interstate Route 49 in Lafayette, Louisiana, to 
        Interstate Route 10 in New Orleans, Louisiana.
          (75) The Louisiana 28 corridor from Fort Polk to 
        Alexandria, Louisiana.
          (76) The portion of Interstate Route 75 from Toledo, 
        Ohio, to Cincinnati, Ohio.
          (77) The portion of United States Route 24 from the 
        Indiana/Ohio State line to Toledo, Ohio.
          (78) The portion of Interstate Route 71 from 
        Cincinnati, Ohio, to Cleveland, Ohio.
          (79) Interstate Route 376 from the Pittsburgh 
        Interchange (I/C No. 56) of the Pennsylvania Turnpike, 
        westward on Interstate Route 279, United States Route 
        22, United States Route 30, and Pennsylvania Route 60, 
        continuing past the Pittsburgh International Airport on 
        Turnpike Route 60, to the Pennsylvania Turnpike 
        (Interstate Route 76), Interchange 10, and continuing 
        north on Pennsylvania Turnpike Route 60 to Interstate 
        Route 80.
          (80) The Intercounty Connector, a new east-west 
        multimodal highway between Interstate Route 270 and 
        Interstate Route 95/United States Route 1 in Montgomery 
        and Prince George's Counties, Maryland.
          (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.
  (d) Inclusion on NHS.--The Secretary shall include all 
corridors identified in subsection (c) on the proposed National 
Highway System submitted to Congress under section 103(b)(3) of 
title 23, United States Code.
  (e) Provisions Applicable to Corridors.--
          (1) Long-range plan.--The Secretary, in cooperation 
        with the affected State or States, may prepare a long-
        range plan for the upgrading of each corridor to the 
        appropriate standard for highways on the National 
        Highway System. Each such plan may include a plan for 
        developing the corridor and a plan for financing the 
        development.
          (2) Feasibility studies.--The Secretary, in 
        cooperation with the affected State or States, may 
        prepare feasibility and design studies, as necessary, 
        for those corridors for which such studies have not 
        been prepared. A feasibility study may be conducted 
        under this subsection with respect to the corridor 
        described in subsection (c)(2), relating to Avenue of 
        the Saints, to determine the feasibility of an adjunct 
        to the Avenue of the Saints serving the southern St. 
        Louis metropolitan area and connecting with I-55 in the 
        vicinity of Route A in Jefferson County, Missouri. A 
        study may be conducted under this subsection to 
        determine the feasibility of constructing a more direct 
        limited access highway between Peoria and Chicago, 
        Illinois. A feasibility study may be conducted under 
        this paragraph to identify routes that will expedite 
        future emergency evacuations of coastal areas of 
        Louisiana.
          (3) Certification acceptance.--The Secretary may 
        discharge any of his responsibilities under title 23, 
        United States Code, relative to projects on a corridor 
        identified under subsection (c), upon the request of a 
        State, by accepting a certification by the State in 
        accordance with section 117 of such title.
          (4) Acceleration of projects.--To the maximum extent 
        feasible, the Secretary may use procedures for 
        acceleration of projects in carrying out projects on 
        corridors identified in subsection (c).
          (5) Inclusion of certain route segments on interstate 
        system.--
                  (A) In general.--The portions of the routes 
                referred to in subsection (c)(1), subsection 
                (c)(3) (relating solely to the Kentucky 
                Corridor), clauses (i), (ii), and (except with 
                respect to Georgetown County) (iii) of 
                subsection (c)(5)(B), subsection (c)(9), 
                subsection (c)(13), [subsections (c)(18) and 
                (c)(20), subsection (c)(36)] subsection 
                (c)(18), subsection (c)(20), subparagraphs (A) 
                and (B)(i) of subsection (c)(26), subsection 
                (c)(36), subsection (c)(37), subsection 
                (c)(40), subsection (c)(42), subsection 
                (c)(45), subsection (c)(54), [and subsection 
                (c)(57)] subsection (c)(57), subsection 
                (c)(68)(B), subsection (c)(81), subsection 
                (c)(82), and subsection (c)(83) that are not a 
                part of the Interstate System are designated as 
                future parts of the Interstate System. Any 
                segment of such routes shall become a part of 
                the Interstate System at such time as the 
                Secretary determines that the segment meets the 
                Interstate System design standards approved by 
                the Secretary under section 109(b) of title 23, 
                United States Code, and is planned to connect 
                to an existing Interstate System segment by the 
                date that is 25 years after the date of 
                enactment of the MAP-21.
                  (B) Interstate route 376.--
                          (i) Designation of interstate route 
                        376.--
                                  (I) In general.--The routes 
                                referred to in subsection 
                                (c)(79), except the portion of 
                                Pennsylvania Turnpike Route 60 
                                between Pennsylvania Turnpike 
                                Interchange 10 and Interstate 
                                Route 80, shall be designated 
                                as Interstate Route 376.
                                  (II) Signs.--The State of 
                                Pennsylvania shall have 
                                jurisdiction over the highways 
                                described in subclause (I) 
                                (except Pennsylvania Turnpike 
                                Route 60) and erect signs in 
                                accordance with Interstate 
                                signing criteria that identify 
                                the routes described in 
                                subclause (I) as Interstate 
                                Route 376.
                                  (III) Assistance from 
                                secretary.--The Secretary shall 
                                assist the State of 
                                Pennsylvania in carrying out, 
                                not later than December 31, 
                                2008, an activity under 
                                subclause (II) relating to 
                                Interstate Route 376 and in 
                                complying with sections 109 and 
                                139 of title 23, United States 
                                Code.
                          (ii) Other segments.--The segment of 
                        the route referred to in subsection 
                        (c)(79) located between the 
                        Pennsylvania Turnpike, Interchange 10, 
                        and Interstate Route 80 may be signed 
                        as Interstate Route 376 under clause 
                        (i)(II) if that segment meets the 
                        criteria under sections 109 and 139 of 
                        title 23, United States Code.
                  (C) Routes.--
                          (i) Designation.--The portion of the 
                        route referred to in subsection (c)(9) 
                        is designated as Interstate Route I-99. 
                        The routes referred to in subsections 
                        (c)(18) and (c)(20) shall be designated 
                        as Interstate Route I-69. A State 
                        having jurisdiction over any segment of 
                        routes referred to in subsections 
                        (c)(18) and (c)(20) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route I-69, 
                        including segments of United States 
                        Route 59 in the State of Texas. The 
                        segment identified in subsection 
                        (c)(18)(D)(i) shall be designated as 
                        Interstate Route I-69 East, and the 
                        segment identified in subsection 
                        (c)(18)(D)(ii) shall be designated as 
                        Interstate Route I-69 Central. The 
                        State of Texas shall erect signs 
                        identifying such routes as segments of 
                        future Interstate Route I-69. The 
                        portion of the route referred to in 
                        subsection (c)(36) is designated as 
                        Interstate Route I-86. The Louie B. 
                        Nunn Parkway corridor referred to in 
                        subsection (c)(3) shall be designated 
                        as Interstate Route 66. A State having 
                        jurisdiction over any segment of routes 
                        and/or corridors referred to in 
                        subsections (c)(3) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route 66. 
                        Notwithstanding the provisions of 
                        subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii), or any other provisions 
                        of this Act, the Commonwealth of 
                        Kentucky shall erect signs, as approved 
                        by the Secretary, identifying the 
                        routes and/or corridors described in 
                        subsection (c)(3) for the Commonwealth, 
                        as segments of future Interstate Route 
                        66. The Purchase Parkway corridor 
                        referred to in subsection (c)(18)(E) 
                        shall be designated as Interstate Route 
                        69. A State having jurisdiction over 
                        any segment of routes and/or corridors 
                        referred to in subsections (c)(18) 
                        shall erect signs identifying such 
                        segment that is consistent with the 
                        criteria set forth in subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii) as 
                        Interstate Route 69. Notwithstanding 
                        the provisions of subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii), or any 
                        other provisions of this Act, the 
                        Commonwealth of Kentucky shall erect 
                        signs, as approved by the Secretary, 
                        identifying the routes and/or corridors 
                        described in subsection (c)(18) for the 
                        Commonwealth, as segments of future 
                        Interstate Route 69. The route referred 
                        to in subsection (c)(45) is designated 
                        as Interstate Route I-22. [The routes 
                        referred to subparagraphs (A)(iii) and 
                        (B)(i) of subsection (c)(26) are 
                        designated as Interstate Route I-11.] 
                        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.
                          (ii) Rulemaking to determine future 
                        interstate sign erection criteria.--The 
                        Secretary shall conduct a rulemaking to 
                        determine the appropriate criteria for 
                        the erection of signs for future routes 
                        on the Interstate System identified in 
                        subparagraph (A). Such rulemaking shall 
                        be undertaken in consultation with 
                        States and local officials and shall be 
                        completed not later than December 31, 
                        1998.
                  (D) Treatment of segments.--Subject to 
                subparagraph (C), segments designated as part 
                of the Interstate System by this paragraph and 
                the mileage of such segments shall be treated 
                in the manner described in the last 2 sentences 
                of section 139(a) of title 23, United States 
                Code.
                  (E) Use of funds.--
                          (i) General rule.--Funds apportioned 
                        under section 104(b)(5)(A) of title 23, 
                        United States Code, may be used on a 
                        project to construct a portion of a 
                        route referred to in this paragraph to 
                        standards set forth in section 109(b) 
                        of such title if the State determines 
                        that the project for which the funds 
                        were originally apportioned is 
                        unreasonably delayed or no longer 
                        viable.
                          (ii) Limitation.--If funds 
                        apportioned under section 104(b)(5)(A) 
                        of title 23, United States Code, for 
                        completing a segment of the Interstate 
                        System are used on a project pursuant 
                        to this subparagraph, no interstate 
                        construction funds may be made 
                        available, after the date of the 
                        enactment of this paragraph, for 
                        construction of such segment.
  (f) High Priority Segments.--Highway segments of the 
corridors referred to in subsection (c) which are described in 
this subsection are high priority segments eligible for 
assistance under this section. Subject to subsection (g)(2), 
there is authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) for fiscal years 
1992 through 1997 to carry out a project on each such segment 
the amount listed for each such segment:


 
----------------------------------------------------------------------------------------------------------------
                                                                                                       AMOUNT in
                      CITY/STATE                            HIGH PRIORITY CORRIDORS                    millions
----------------------------------------------------------------------------------------------------------------
    1.       Pennsylvania................  For the segment described in item 6 of this table and up        50.7
                                            to $11,000,000 for upgrading U.S. 220 High Priority and
                                            the Appalachian Thruway Corridor between State College
                                            and I-80................................................
    2.        Alabama, Georgia,            Upgrading of the East-West Corridor along Rt. 72 and up         25.4
              Mississippi, Tennessee.....   to $1,500,000 from the State of Alabama's share of the
                                            project for modification of the Keller Memorial Bridge
                                            in Decatur, Alabama, to a pedestrian structure..........
    3.        Missouri...................  Improvement of North-South Corridor along Highway 71,            3.6
                                            Southwestern, MO........................................
    4.        Arkansas...................  For construction of Highway 412 from Siloam Springs to          34.0
                                            Springdale, Arkansas as part of Highway 412 East-West
                                            Corridor................................................
    5.        Arkansas...................  For construction of Highway 412 from Harrison to                56.0
                                            Springdale, Arkansas as part of the Highway 412 East-
                                            West Corridor...........................................
    6.        Pennsylvania...............  To improve U.S. 220 to a 4-lane limited access highway         148.0
                                            from Bald Eagle northward to the intersection of U.S.
                                            220 and U.S. 322........................................
    7.        S. Dakota/Nebraska.........  Conduct a feasibility study of expressway from Rapid             0.64
                                            City, S. Dakota to Scotts Bluff, Nebraska...............
    8.        Alabama....................  Construction of Appalachian Highway Corridor X from             59.2
                                            Corridor V near Fulton, Mississippi to U.S. 31 at
                                            Birmingham, Alabama as part of Appalachian Highway X
                                            Corridor Project........................................
    9.        Alabama....................  For construction of a portion of Appalachian Development        25.4
                                            Corridor V from Mississippi State Line near Red Bay,
                                            Alabama to the Tennessee State Line north of Bridgeport,
                                            Alabama.................................................
   10.        West Virginia..............  Construction of Shawnee Project from 3-Corner Junction to        4.5
                                            I-77 as part of I-73/74 Corridor project................
   11.        West Virginia..............  Widening U.S. Rt. 52 from Huntington to Williamson, W.         100.0
                                            Virginia as part of the I-73/74 Corridor project........
   12.        West Virginia..............  Replacement of U.S. Rt. 52 from Williamson, W. Virginia         14.0
                                            to I-77 as part of the I-73/74 Corridor project.........
   13.        North Carolina/Virginia....  For Upgrading I-64 and Route 17 Virginia and constructing       17.8
                                            a new highway from Rocky Mount to Elizabeth City, North
                                            Carolina as part of the Raleigh-Norfolk High Priority
                                            Corridor Improvements...................................
   14.        Arkansas...................  Construction of Highway 71 between Fayetteville and Alma,      100.0
                                            Arkansas as part of the North-South High Priority
                                            Corridor................................................
   15.        Arkansas/Texas.............  For construction of Highway 71 from Alma, Arkansas to           70.0
                                            Louisiana border........................................
   16.        Michigan...................  To widen a 60 mile portion of highway M-59 from MacComb         29.6
                                            County to I-96 in Howell County, Michigan...............
   17.        South Dakota, Colorado,      To improve the Heartland Expressway from Rapid City,            29.6
              Nebraska...................   South Dakota to Scotts Bluff, Nebraska..................
   18.        Indiana....................  To construct a 4-lane highway from Lafayette to Ft.              9.5
                                            Wayne, Indiana, following existing Indiana 25 and U.S.
                                            24......................................................
   19.        Ohio/Indiana...............  Conduct feasibility and economic study to widen Rt. 24           0.32
                                            from Ft. Wayne, Indiana to Toledo, Ohio as part of the
                                            Lafayette to Toledo Corridor............................
   20.        California, Nevada, Arizona  For improvements on I-15 and I-40 in California, Nevada         59.2
                                            and Arizona ($10,500,000 of which shall be expended on
                                            the Nevada portion of the corridor, including the I-15/
                                            U.S. 95 interchange)....................................
   21.        Louisiana..................  To improve the North-South Corridor from Louisiana border       29.6
                                            to Shreveport, Louisiana, and up to $6,000,000 for
                                            surface transportation projects in Louisiana, including
                                            $4,500,000 for the I-10 and I-610 project in Jefferson
                                            Parish, Louisiana, in the corridor between the St.
                                            Charles Parish line and Tulane Avenue, $500,000 for
                                            noise analysis and safety abatement measures or barriers
                                            along the Lakeview section of I-610 in New Orleans, and
                                            $1,000,000 for 3 highway studies (including $250,000 for
                                            a study to widen United States Route 84/Louisiana Route
                                            6 traversing north Louisiana, $250,000 for a study to
                                            widen Louisiana Route 42 from United States Route 61 to
                                            Louisiana Route 44 and extend to I-10 in East Ascension
                                            Parish, and $500,000 for a study to connect I-20 on both
                                            sides of the Ouachita River)............................
   22.        Missouri, Iowa, Minnesota..  For improvements for Avenue of the Saints from St. Paul,       118.0
                                            Minnesota to St. Louis, Missouri........................
   24.        Various States.............  I-66 Transamerica Highway Feasibility study..............        1.0
   25.       Kentucky, Tennessee,          To improve Cumberland Gap Tunnel and for various                72.4
              Virginia...................   associated improvements as part of U.S. 25E Corridor,
                                            except that the allocation percentages under section
                                            1105(g)(2) of this section shall not apply to this
                                            project after fiscal year 1992..........................
   26.        Indiana, Kentucky,           To improve the Bloomington, Indiana, to Evansville,             23.7
              Tennessee..................   Indiana, segment of the Indianapolis, Indiana, to
                                            Memphis, Tennessee, high priority corridor..............
   27.        Washington.................  For improvements on the Washington State portion of the         54.5
                                            U.S. 395 corridor from the U.S.-Canadian border to Reno,
                                            Nevada..................................................
   28.        Virginia...................  Construction of a bypass of Danville, Virginia, on Route        17.0
                                            29 Corridor.............................................
   29.        Arkansas...................  Highway 412 from Harrison to Mt. Home....................       20.0
   30.       New York....................  Improvements on Route 219 between Springville to                 9.5
                                            Ellicottville in New York State.........................
----------------------------------------------------------------------------------------------------------------

  (g) Provisions Relating to High Priority Segments.--
          (1) Detailed plans.--Each State in which a priority 
        segment identified under subsection (f) is located may 
        prepare a detailed plan for completion of construction 
        of such segment and for financing such construction.
          (2) Allocation percentages.--8 percent of the amount 
        allocated by subsection (f) for each high priority 
        segment authorized by subsection (f) shall be available 
        for obligation in fiscal year 1992. 18.4 percent of 
        such amount shall be available for obligation in each 
        of fiscal years 1993, 1994, 1995, 1996, and 1997.
          (3) Federal share.--The Federal share payable on 
        account of any project under subsection (f) shall be 80 
        percent of the cost thereof.
          (4) Delegation to states.--Subject to the provisions 
        of title 23, United States Code, the Secretary may 
        delegate responsibility for construction of a project 
        or projects under subsection (f) to the State in which 
        such project or projects are located upon request of 
        such State.
          (5) Advance construction.--When a State which has 
        been delegated responsibility for construction of a 
        project under this subsection--
                  (A) has obligated all funds allocated under 
                this subsection for construction of such 
                project; and
                  (B) proceeds to construct such project 
                without the aid of Federal funds in accordance 
                with all procedures and all requirements 
                applicable to such project, except insofar as 
                such procedures and requirements limit the 
                State to the construction of projects with the 
                aid of Federal funds previously allocated to 
                it;
        the Secretary, upon the approval of the application of 
        a State, shall pay to the State the Federal share of 
        the cost of construction of the project when additional 
        funds are allocated for such project under this 
        subsection.
          (6) Applicability of title 23.--Funds authorized by 
        subsection (f) and subsection (h) shall be available 
        for obligation in the same manner as if such funds were 
        apportioned under chapter 1 of title 23, United States 
        Code, except that the Federal share of the cost of any 
        project under subsection (f) shall be determined in 
        accordance with this subsection and such funds shall 
        remain available until expended. Funds authorized by 
        subsection (f) shall not be subject to any obligation 
        limitation.
          (7) [Omitted amendatory text]
          (8) Special Rule.--Amounts allocated by subsection 
        (f) to the State of California for improvements on I-15 
        and I-40 shall not be subject to any State or local law 
        relating to apportionment of funds available for the 
        construction or improvement of highways.
          (9) The States of South Dakota and Nebraska may, at 
        their discretion, utilize funds allocated to them for 
        the project described in section 1105(f)(17) of this 
        Act to support the Nebraska/South Dakota feasibility 
        study described in section 1105(f)(7) and may also 
        utilize funds allocated for that study for the project 
        described in section 1105(f)(17).
  (h) Authorization for Feasibility Studies.--There is 
authorized to be appropriated to the Secretary out of the 
Highway Trust Fund (other than the Mass Transit Account) 
$8,000,000 per fiscal year for each of the fiscal years 1992 
through 1997 to carry out feasibility and design studies under 
subsection (e)(2).
  (i) Revolving Loan Fund.--
          (1) Establishment.--The Secretary may establish a 
        Priority Corridor Revolving Loan Fund.
          (2) Advances.--The Secretary shall make available as 
        repayable advances amounts from the Revolving Loan Fund 
        to States for planning and construction of corridors 
        listed in subsection (c). In making such amounts 
        available, the Secretary shall give priority to 
        segments identified in subsection (f).
          (3) Repayment of advances.--The amount of an advance 
        to a State in a fiscal year under paragraph (2) may not 
        exceed the amount of a State's estimated apportionments 
        for the National Highway System for the 2 succeeding 
        fiscal years. Advances shall be repaid (A) by reducing 
        the State's National Highway System apportionment in 
        each of the succeeding 3 fiscal years by \1/3\ of the 
        amount of the advance, or (B) by direct repayment. 
        Repayments shall be credited to the Priority Corridor 
        Revolving Loan Fund.
          (4) Authorization.--There is authorized to be 
        appropriated to the Secretary, out of the Highway Trust 
        Fund (other than the Mass Transit Account), $40,000,000 
        per fiscal year for each of fiscal years 1993 through 
        1997 to carry out this subsection.

           *       *       *       *       *       *       *


                           TITLE VI--RESEARCH

PART A--PROGRAMS, STUDIES, AND ACTIVITIES

           *       *       *       *       *       *       *


SEC. 6016. FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED ASPHALTS.

  (a) Studies.--The Administrator of the Federal Highway 
Administration (hereinafter in this section referred to as the 
``Administrator'') shall conduct studies of the fundamental 
chemical property and physical property of petroleum asphalts 
and modified asphalts used in highway construction in the 
United States. Such studies shall emphasize predicting pavement 
performance from the fundamental and rapidly measurable 
properties of asphalts and modified asphalts.
  (b) Contracts.--To carry out the studies under subsection 
(a), the Administrator shall enter into contracts with the 
Western Research Institute of the University of Wyoming in 
order to conduct the necessary technical and analytical 
research in coordination with existing programs which evaluate 
actual performance of asphalts and modified asphalts in 
roadways, including the Strategic Highway Research Program.
  (c) Activities of Studies.--The studies under subsection (a) 
shall include the following activities:
          (1) Fundamental composition studies.
          (2) Fundamental physical and rheological property 
        studies.
          (3) Asphalt-aggregate interaction studies.
          (4) Coordination of composition studies, physical and 
        rheological property studies, and asphalt-aggregate 
        interaction studies for the purposes of predicting 
        pavement performance, including refinements of 
        Strategic Highway Research Program specifications.
  (d) Test Strip.--
          (1) Implementation.--The Administrator, in 
        coordination with the Western Research Institute of the 
        University of Wyoming, shall implement a test strip for 
        the purpose of demonstrating and evaluating the unique 
        energy and environmental advantages of using shale oil 
        modified asphalts under extreme climatic conditions.
          (2) Funding.--For the purposes of construction 
        activities related to this test strip, the Secretary 
        and the Director of the National Park Service shall 
        make up to $1,000,000 available from amounts made 
        available from the authorization for parkroads and 
        parkways.
          (3) Report to congress.--Not later than November 30, 
        1995, the Administrator shall transmit to Congress as 
        part of a report under subsection (e) the 
        Administrator's findings on activities conducted under 
        this subsection, including an evaluation of the test 
        strip implemented under this subsection and 
        recommendations for legislation to establish a national 
        program to support United States transportation and 
        energy security requirements.
  [(e) Annual Report to Congress.--Not later than 180 days 
after the date of the enactment of this Act, and on or before 
November 30th of each year beginning thereafter, the 
Administrator shall transmit to Congress a report of the 
progress made in implementing this section.]
  (f) Authorization of Appropriations.--The Secretary shall 
expend from administrative and research funds deducted under 
section 104(a) of this title at least $3,000,000 for each of 
fiscal years 1992, 1993, 1994, 1995, and 1996 to carry out 
subsection (b).
  

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 119 OF THE SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008

SEC. 119. FUTURE INTERSTATE DESIGNATION

  (a) In general.--Subject to subsection (b), the Secretary of 
Transportation shall designate, as a future Interstate Route 69 
Spur, the Audubon Parkway [and, as a future Interstate Route 66 
Spur, the Natcher Parkway in Owensboro, Kentucky]  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. Any 
segment of such routes shall become part of the Interstate 
System (as defined in section 101 of title 23, United States 
Code) at such time as the Secretary determines that the 
segment--
          (1) meets the Interstate System design standards 
        approved by the Secretary under section 109(b) of title 
        23, United States Code; and
          (2) connects to an existing Interstate System 
        segment.
  (b) Signs.--Section 103(c)(4)(B)(iv) of title 23, United 
States Code, shall apply to the designations under subsection 
(a); except that a State may install signs on the 2 parkways 
that are to be designated under subsection (a) indicating the 
approximate location of each of the future Interstate System 
highways.
  (c) Removal of Designation.--The Secretary shall remove 
designation of a highway referred to in subsection (a) as a 
future Interstate System route if the Secretary, as of the last 
day of the 25-year period beginning on the date of enactment of 
this Act, has not made the determinations under paragraphs (1) 
and (2) of subsection (a) with respect to such highway.
                              ----------                              


              MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999



           *       *       *       *       *       *       *
TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

           *       *       *       *       *       *       *


SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT PROGRAM.

  (a) In General.--There are authorized to be appropriated out 
of the Highway Trust Fund (other than the Mass Transit Account) 
for the Secretary of Transportation to carry out section 31102 
of title 49, United States Code, $75,000,000 for each of fiscal 
years 2001 through 2003.
  (b) [Omitted amendatory text]
  [(c) Maintenance of Effort.--The Secretary may not make, from 
funds made available by or under this section (including any 
amendment made by this section), a grant to a State unless the 
State first enters into a binding agreement with the Secretary 
that provides that the total expenditures of amounts of the 
State and its political subdivisions (not including amounts of 
the United States) for the development or implementation of 
programs for improving motor carrier safety and enforcement of 
regulations, standards, and orders of the United States on 
commercial motor vehicle safety, hazardous materials 
transportation safety, and compatible State regulations, 
standards, and orders will be maintained at a level at least 
equal to the average level of such expenditures for fiscal 
years 1997, 1998, and 1999.]
  (d) [Omitted amendatory text]
  [(e) State Compliance With CDL Requirements.--
          [(1) Withholding of allocation for noncompliance.--If 
        a State is not in substantial compliance with each 
        requirement of section 31311 of title 49, United States 
        Code, the Secretary shall withhold all amounts that 
        would be allocated, but for this paragraph, to the 
        State from funds made available by or under this 
        section (including any amendment made by this section).
          [(2) Period of availability of withheld funds.--Any 
        funds withheld under paragraph (1) from any State shall 
        remain available until June 30 of the fiscal year for 
        which the funds are authorized to be appropriated.
          [(3) Allocation of withheld funds after compliance.--
        If, before the last day of the period for which funds 
        are withheld under paragraph (1) from allocation are to 
        remain available for allocation to a State under 
        paragraph (2), the Secretary determines that the State 
        is in substantial compliance with each requirement of 
        section 31311 of title 49, United States Code, the 
        Secretary shall allocate to the State the withheld 
        funds.
          [(4) Period of availability of subsequently allocated 
        funds.--Any funds allocated pursuant to paragraph (3) 
        shall remain available for expenditure until the last 
        day of the first fiscal year following the fiscal year 
        in which the funds are so allocated. Sums not expended 
        at the end of such period are released to the Secretary 
        for reallocation.
          [(5) Effect of noncompliance.--If, on June 30 of the 
        fiscal year in which funds are withheld from allocation 
        under paragraph (1), the State is not substantially 
        complying with each requirement of section 31311 of 
        title 49, United States Code, the funds are released to 
        the Secretary for reallocation.]

           *       *       *       *       *       *       *


TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

           *       *       *       *       *       *       *


SEC. 218. BORDER STAFFING STANDARDS.

  (a) Development and Implementation.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
shall develop and implement appropriate staffing standards for 
Federal and State motor carrier safety inspectors in 
international border areas.
  (b) Factors To Be Considered.--In developing standards under 
subsection (a), the Secretary shall consider volume of traffic, 
hours of operation of the border facility, types of commercial 
motor vehicles, types of cargo, delineation of responsibility 
between Federal and State inspectors, and such other factors as 
the Secretary determines appropriate.
  (c) Maintenance of Effort.--The standards developed and 
implemented under subsection (a) shall ensure that the United 
States and each State will not reduce its respective level of 
staffing of motor carrier safety inspectors in international 
border areas from its average level staffing for fiscal year 
2000.
  (d) Border Commercial Motor Vehicle and Safety Enforcement 
Programs.--
          (1) Enforcement.--If, on October 1, 2001, and October 
        1 of each fiscal year thereafter, the Secretary has not 
        ensured that the levels of staffing required by the 
        standards developed under subsection (a) are deployed, 
        the Secretary should designate the amount made 
        available for allocation under [section 31104(f)(2)(B) 
        of title 49, United States Code] section 31104(a)(1) of 
        title 49, United States Code, for such fiscal year for 
        States, local governments, and other persons for 
        carrying out border commercial motor vehicle safety 
        programs and enforcement activities and projects.
          (2) Allocation.--If the Secretary makes a designation 
        of an amount under paragraph (1), such amount shall be 
        allocated by the Secretary to State agencies, local 
        governments, and other persons that use and train 
        qualified officers and employees in coordination with 
        State motor vehicle safety agencies.
          [(3) Limitation.--If the Secretary makes a 
        designation pursuant to paragraph (1) for a fiscal 
        year, the Secretary may not make a designation under 
        section 31104(f)(2)(B) of title 49, United States Code, 
        for such fiscal year.]

           *       *       *       *       *       *       *


SEC. 229. CERTAIN EXEMPTIONS.

  (a) Exemptions.--
          (1) Transportation of agricultural commodities and 
        farm supplies.--Regulations prescribed by the Secretary 
        under sections 31136 and 31502 of title 49, United 
        States Code, regarding maximum driving and on-duty time 
        for drivers used by motor carriers shall not apply 
        during planting and harvest periods, as determined by 
        each State, to--
                  (A) drivers transporting agricultural 
                commodities from the source of the agricultural 
                commodities to a location within a 150 air-mile 
                radius from the source;
                  (B) drivers transporting farm supplies for 
                agricultural purposes from a wholesale or 
                retail distribution point of the farm supplies 
                to a farm or other location where the farm 
                supplies are intended to be used within a 150 
                air-mile radius from the distribution point; or
                  (C) drivers transporting farm supplies for 
                agricultural purposes from a wholesale 
                distribution point of the farm supplies to a 
                retail distribution point of the farm supplies 
                within a 150 air-mile radius from the wholesale 
                distribution point.
          (2) Transportation and operation of ground water well 
        drilling rigs.--Such regulations shall, in the case of 
        a driver of a commercial motor vehicle who is used 
        primarily in the transportation and operation of a 
        ground water well drilling rig, permit any period of 7 
        or 8 consecutive days to end with the beginning of an 
        off-duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time. Except as required in section 395.3 of title 49, 
        Code of Federal Regulations, as in effect on the date 
        of enactment of this sentence, no additional off-duty 
        time shall be required in order to operate such 
        vehicle.
          (3) Transportation of construction materials and 
        equipment.--Such regulations shall, in the case of a 
        driver of a commercial motor vehicle who is used 
        primarily in the transportation of construction 
        materials and equipment, permit any period of 7 or 8 
        consecutive days to end with the beginning of an off-
        duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.
          (4) Operators of utility service vehicles.--
                  (A) Inapplicability of federal regulations.--
                Such regulations shall not apply to a driver of 
                a utility service vehicle.
                  (B) Prohibition on state regulations.--A 
                State, a political subdivision of a State, an 
                interstate agency, or other entity consisting 
                of two or more States, shall not enact or 
                enforce any law, rule, regulation, or standard 
                that imposes requirements on a driver of a 
                utility service vehicle that are similar to the 
                requirements contained in such regulations.
          (5) Snow and ice removal.--A State may waive the 
        requirements of chapter 313 of title 49, United States 
        Code, with respect to a vehicle that is being operated 
        within the boundaries of an eligible unit of local 
        government by an employee of such unit for the purpose 
        of removing snow or ice from a roadway by plowing, 
        sanding, or salting. Such waiver authority shall only 
        apply in a case where the employee is needed to operate 
        the vehicle because the employee of the eligible unit 
        of local government who ordinarily operates the vehicle 
        and who has a commercial drivers license is unable to 
        operate the vehicle or is in need of additional 
        assistance due to a snow emergency.
  (b) Preemption.--Except as provided in subsection (a)(4), 
nothing contained in this section shall require the preemption 
of State laws and regulations concerning the safe operation of 
commercial motor vehicles as the result of exemptions from 
Federal requirements provided under this section.
  (c) Review by the Secretary.--The Secretary may conduct a 
rulemaking proceeding to determine whether granting any 
exemption provided by subsection (a) (other than paragraph (1), 
(2), or (4)) is not in the public interest and would have a 
significant adverse impact on the safety of commercial motor 
vehicles. If, at any time as a result of such a proceeding, the 
Secretary determines that granting such exemption would not be 
in the public interest and would have a significant adverse 
impact on the safety of commercial motor vehicles, the 
Secretary may prevent the exemption from going into effect, 
modify the exemption, or revoke the exemption. The Secretary 
may develop a program to monitor the exemption, including 
agreements with carriers to permit the Secretary to examine 
insurance information maintained by an insurer on a carrier.
  (d) Report.--The Secretary shall monitor the commercial motor 
vehicle safety performance of drivers of vehicles that are 
subject to an exemption under this section. If the Secretary 
determines that public safety has been adversely affected by an 
exemption granted under this section, the Secretary shall 
report to Congress on the determination.
  (e) Definitions.--In this section, the following definitions 
apply:
          (1)  7 or 8 consecutive days.--The term ``7 or 8 
        consecutive days'' means the period of 7 or 8 
        consecutive days beginning on any day at the time 
        designated by the motor carrier for a 24-hour period.
          (2)  24-hour period.--The term ``24-hour period'' 
        means any 24 consecutive hour period beginning at the 
        time designated by the motor carrier for the terminal 
        from which the driver is normally dispatched.
          (3) Ground water well drilling rig.--The term 
        ``ground water well drilling rig'' means any vehicle, 
        machine, tractor, trailer, semi-trailer, or specialized 
        mobile equipment propelled or drawn by mechanical power 
        and used on highways to transport water well field 
        operating equipment, including water well drilling and 
        pump service rigs equipped to access ground water.
          (4) Transportation of construction materials and 
        equipment.--The term ``transportation of construction 
        materials and equipment'' means the transportation of 
        construction and pavement materials, construction 
        equipment, and construction maintenance vehicles, by a 
        driver to or from an active construction site (a 
        construction site between initial mobilization of 
        equipment and materials to the site to the final 
        completion of the construction project) within a 50 air 
        mile radius of the normal work reporting location of 
        the driver. This paragraph does not apply to the 
        transportation of material found by the Secretary to be 
        hazardous under section 5103 of title 49, United States 
        Code, in a quantity requiring placarding under 
        regulations issued to carry out such section.
          (5) Eligible unit of local government.--The term 
        ``eligible unit of local government'' means a city, 
        town, borough, county, parish, district, or other 
        public body created by or pursuant to State law which 
        has a total population of 3,000 individuals or less.
          (6) Utility service vehicle.--The term ``utility 
        service vehicle'' means any commercial motor vehicle--
                  (A) used in the furtherance of repairing, 
                maintaining, or operating any structures or any 
                other physical facilities necessary for the 
                delivery of public utility services, including 
                the furnishing of electric, gas, water, 
                sanitary sewer, telephone, and television cable 
                or community antenna service;
                  (B) while engaged in any activity necessarily 
                related to the ultimate delivery of such public 
                utility services to consumers, including travel 
                or movement to, from, upon, or between activity 
                sites (including occasional travel or movement 
                outside the service area necessitated by any 
                utility emergency as determined by the utility 
                provider); and
                  (C) except for any occasional emergency use, 
                operated primarily within the service area of a 
                utility's subscribers or consumers, without 
                regard to whether the vehicle is owned, leased, 
                or rented by the utility.
          (7) Agricultural commodity.--The term ``agricultural 
        commodity'' means any agricultural commodity, non-
        processed food, feed, fiber, or livestock (including 
        livestock as defined in section 602 of the Emergency 
        Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) 
        and insects).
          (8) Farm supplies for agricultural purposes.--The 
        term ``farm supplies for agricultural purposes'' means 
        products directly related to the growing or harvesting 
        of agricultural commodities during the planting and 
        harvesting seasons within each State, as determined by 
        the State, and livestock feed at any time of the year.
  (f) Emergency Condition Requiring Immediate Response.--
          (1) Propane or pipeline emergency.--A regulation 
        prescribed under section 31136 or 31502 of title 49, 
        United States Code, shall not apply to a driver of a 
        commercial motor vehicle which is used primarily in the 
        transportation of propane winter heating fuel or a 
        driver of a motor vehicle used to respond to a pipeline 
        emergency if such regulations would prevent the driver 
        from responding to an emergency condition requiring 
        immediate response.
          (2) Definition.--An emergency condition requiring 
        immediate response is any condition that, if left 
        unattended, is reasonably likely to result in immediate 
        serious bodily harm, death, or substantial damage to 
        property. In the case of propane such conditions shall 
        include (but are not limited to) the detection of gas 
        odor, the activation of carbon monoxide alarms, the 
        detection of carbon monoxide poisoning, and any real or 
        suspected damage to a propane gas system following a 
        severe storm or flooding. An ``emergency condition 
        requiring an immediate response'' does not include 
        requests to re-fill empty gas tanks. In the case of 
        pipelines such conditions include (but are not limited 
        to) indication of an abnormal pressure event, leak, 
        release or rupture.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5313. Positions at level II

  Level II of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Secretary of Defense.
          Deputy Secretary of State.
          Deputy Secretary of State for Management and 
        Resources.
          Administrator, Agency for International Development.
          Administrator of the National Aeronautics and Space 
        Administration.
          Deputy Secretary of Veterans Affairs.
          Deputy Secretary of Homeland Security.
          Under Secretary of Homeland Security for Management.
          Deputy Secretary of the Treasury.
          Deputy Secretary of Transportation.
          Chairman, Nuclear Regulatory Commission.
          Chairman, Council of Economic Advisers.
          Director of the Office of Science and Technology.
          Director of the Central Intelligence Agency.
          Secretary of the Air Force.
          Secretary of the Army.
          Secretary of the Navy.
          Administrator, Federal Aviation Administration.
          Director of the National Science Foundation.
          Deputy Attorney General.
          Deputy Secretary of Energy.
          Deputy Secretary of Agriculture.
          Director of the Office of Personnel Management.
          Administrator, Federal Highway Administration.
          Administrator of the Environmental Protection Agency.
          Under Secretary of Defense for Acquisition, 
        Technology, and Logistics.
          Deputy Secretary of Labor.
          Deputy Director of the Office of Management and 
        Budget.
          Independent Members, Thrift Depositor Protection 
        Oversight Board.
          Deputy Secretary of Health and Human Services.
          Deputy Secretary of the Interior.
          Deputy Secretary of Education.
          Deputy Secretary of Housing and Urban Development.
          Deputy Director for Management, Office of Management 
        and Budget.
          Director of the Federal Housing Finance Agency.
          Deputy Commissioner of Social Security, Social 
        Security Administration.
          Administrator of the Community Development Financial 
        Institutions Fund.
          Deputy Director of National Drug Control Policy.
          Members, Board of Governors of the Federal Reserve 
        System.
          [The Under Secretary of Transportation for Security.]
          Under Secretary of Transportation for Policy.
          Chief Executive Officer, Millennium Challenge 
        Corporation.
          Principal Deputy Director of National Intelligence.
          Director of the National Counterterrorism Center.
          Director of the National Counter Proliferation 
        Center.
          Administrator of the Federal Emergency Management 
        Agency.

           *       *       *       *       *       *       *


Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          Associate Administrator of the National Aeronautics 
        and Space Administration.
          Assistant Administrators, Agency for International 
        Development (6).
          Regional Assistant Administrators, Agency for 
        International Development (4).
          Assistant Secretaries of Agriculture (3).
          Assistant Secretaries of Commerce (11).
          Assistant Secretaries of Defense (14).
          Assistant Secretaries of the Air Force (4).
          Assistant Secretaries of the Army (5).
          Assistant Secretaries of the Navy (4).
          Assistant Secretaries of Health and Human Services 
        (6).
          Assistant Secretaries of the Interior (6).
          Assistant Attorneys General (11).
          Assistant Secretaries of Labor (10), one of whom 
        shall be the Assistant Secretary of Labor for Veterans' 
        Employment and Training.
          Administrator, Wage and Hour Division, Department of 
        Labor.
          Assistant Secretaries of State (24) and 4 other State 
        Department officials to be appointed by the President, 
        by and with the advice and consent of the Senate.
          Assistant Secretaries of the Treasury (10).
          Members, United States International Trade Commission 
        (5).
          Assistant Secretaries of Education (10).
          General Counsel, Department of Education.
          Director of Civil Defense, Department of the Army.
          Deputy Director of the Office of Emergency Planning.
          Deputy Director of the Office of Science and 
        Technology.
          Deputy Director of the Peace Corps.
          Assistant Directors of the Office of Management and 
        Budget (3).
          General Counsel of the Department of Agriculture.
          General Counsel of the Department of Commerce.
          General Counsel of the Department of Defense.
          General Counsel of the Department of Health and Human 
        Services.
          Solicitor of the Department of the Interior.
          Solicitor of the Department of Labor.
          General Counsel of the National Labor Relations 
        Board.
          General Counsel of the Department of the Treasury.
          First Vice President of the Export-Import Bank of 
        Washington.
          Members, Council of Economic Advisers.
          Members, Board of Directors of the Export-Import Bank 
        of Washington.
          Members, Federal Communications Commission.
          Member, Board of Directors of the Federal Deposit 
        Insurance Corporation.
          Directors, Federal Housing Finance Board.
          Members, Federal Energy Regulatory Commission.
          Members, Federal Trade Commission.
          Members, Surface Transportation Board.
          Members, National Labor Relations Board.
          Members, Securities and Exchange Commission.
          Members, Merit Systems Protection Board.
          Members, Federal Maritime Commission.
          Members, National Mediation Board.
          Members, Railroad Retirement Board.
          Director of Selective Service.
          Associate Director of the Federal Bureau of 
        Investigation, Department of Justice.
          Members, Equal Employment Opportunity Commission (4).
          Director, Community Relations Service.
          Members, National Transportation Safety Board.
          General Counsel, Department of Transportation.
          Deputy Administrator, Federal Aviation 
        Administration.
          Assistant Secretaries of Transportation [(4)] (5).
          Deputy Federal Highway Administrator.
          Administrator of the Saint Lawrence Seaway 
        Development Corporation.
          Assistant Secretary for Science, Smithsonian 
        Institution.
          Assistant Secretary for History and Art, Smithsonian 
        Institution.
          Deputy Administrator of the Small Business 
        Administration.
          Assistant Secretaries of Housing and Urban 
        Development (8).
          General Counsel of the Department of Housing and 
        Urban Development.
          Commissioner of Interama.
          Federal Insurance Administrator, Federal Emergency 
        Management Agency.
          Executive Vice President, Overseas Private Investment 
        Corporation.
          Members, National Credit Union Administration Board 
        (2).
          Members, Postal Regulatory Commission (4).
          Members, Occupational Safety and Health Review 
        Commission.
          Deputy Under Secretaries of the Treasury (or 
        Assistant Secretaries of the Treasury) (2).
          Members, Consumer Product Safety Commission (4).
          Members, Commodity Futures Trading Commission.
          Director of Nuclear Reactor Regulation, Nuclear 
        Regulatory Commission.
          Director of Nuclear Material Safety and Safeguards, 
        Nuclear Regulatory Commission.
          Director of Nuclear Regulatory Research, Nuclear 
        Regulatory Commission.
          Executive Director for Operations, Nuclear Regulatory 
        Commission.
          President, Government National Mortgage Association, 
        Department of Housing and Urban Development.
          Assistant Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Deputy Administrator of the National Oceanic and 
        Atmospheric Administration.
          Director, Bureau of Prisons, Department of Justice.
          Assistant Secretaries of Energy (8).
          General Counsel of the Department of Energy.
          Administrator, Economic Regulatory Administration, 
        Department of Energy.
          Administrator, Energy Information Administration, 
        Department of Energy.
          Director, Office of Indian Energy Policy and 
        Programs, Department of Energy.
          Director, Office of Science, Department of Energy.
          Assistant Secretary of Labor for Mine Safety and 
        Health.
          Members, Federal Mine Safety and Health Review 
        Commission.
          President, National Consumer Cooperative Bank.
          Special Counsel of the Merit Systems Protection 
        Board.
          Chairman, Federal Labor Relations Authority.
          Assistant Secretaries, Department of Homeland 
        Security.
          General Counsel, Department of Homeland Security.
          Officer for Civil Rights and Civil Liberties, 
        Department of Homeland Security.
          Chief Financial Officer, Department of Homeland 
        Security.
          Chief Information Officer, Department of Homeland 
        Security.
          Deputy Director, Institute for Scientific and 
        Technological Cooperation.
          Director of the National Institute of Justice.
          Director of the Bureau of Justice Statistics.
          Chief Counsel for Advocacy, Small Business 
        Administration.
          Assistant Administrator for Toxic Substances, 
        Environmental Protection Agency.
          Assistant Administrator, Office of Solid Waste, 
        Environmental Protection Agency.
          Assistant Administrators, Environmental Protection 
        Agency (8).
          Director of Operational Test and Evaluation, 
        Department of Defense.
          Director of Cost Assessment and Program Evaluation, 
        Department of Defense.
          Special Representatives of the President for arms 
        control, nonproliferation, and disarmament matters, 
        Department of State.
          Ambassadors at Large.
          Assistant Secretary of Commerce and Director General 
        of the United States and Foreign Commercial Service.
          Assistant Secretaries, Department of Veterans Affairs 
        (7).
          General Counsel, Department of Veterans Affairs.
          Commissioner of Food and Drugs, Department of Health 
        and Human Services
          Chairman, Board of Veterans' Appeals.
          Administrator, Office of Juvenile Justice and 
        Delinquency Prevention.
          Director, United States Marshals Service.
          Chairman, United States Parole Commission.
          Director, Bureau of the Census, Department of 
        Commerce.
          Director of the Institute of Museum and Library 
        Services.
          Chief Financial Officer, Department of Agriculture.
          Chief Financial Officer, Department of Commerce.
          Chief Financial Officer, Department of Education.
          Chief Financial Officer, Department of Energy.
          Chief Financial Officer, Department of Health and 
        Human Services.
          Chief Financial Officer, Department of Housing and 
        Urban Development.
          Chief Financial Officer, Department of the Interior.
          Chief Financial Officer, Department of Justice.
          Chief Financial Officer, Department of Labor.
          Chief Financial Officer, Department of State.
          Chief Financial Officer, Department of 
        Transportation.
          Chief Financial Officer, Department of the Treasury.
          Chief Financial Officer, Department of Veterans 
        Affairs.
          Chief Financial Officer, Environmental Protection 
        Agency.
          Chief Financial Officer, National Aeronautics and 
        Space Administration.
          Commissioner, Office of Navajo and Hopi Indian 
        Relocation.
          Principal Deputy Under Secretary of Defense for 
        Policy.
          Principal Deputy Under Secretary of Defense for 
        Personnel and Readiness.
          Principal Deputy Under Secretary of Defense 
        (Comptroller).
          Principal Deputy Under Secretary of Defense for 
        Intelligence.
          General Counsel of the Department of the Army.
          General Counsel of the Department of the Navy.
          General Counsel of the Department of the Air Force.
          Liaison for Community and Junior Colleges, Department 
        of Education.
          Director of the Office of Educational Technology.
          Director of the International Broadcasting Bureau.
          The Commissioner of Labor Statistics, Department of 
        Labor.
          Administrator, Rural Utilities Service, Department of 
        Agriculture.
          Chief Information Officer, Department of Agriculture.
          Chief Information Officer, Department of Commerce.
          Chief Information Officer, Department of Defense 
        (unless the official designated as the Chief 
        Information Officer of the Department of Defense is an 
        official listed under section 5312, 5313, or 5314 of 
        this title).
          Chief Information Officer, Department of Education.
          Chief Information Officer, Department of Energy.
          Chief Information Officer, Department of Health and 
        Human Services.
          Chief Information Officer, Department of Housing and 
        Urban Development.
          Chief Information Officer, Department of the 
        Interior.
          Chief Information Officer, Department of Justice.
          Chief Information Officer, Department of Labor.
          Chief Information Officer, Department of State.
          Chief Information Officer, Department of 
        Transportation.
          Chief Information Officer, Department of the 
        Treasury.
          Chief Information Officer, Department of Veterans 
        Affairs.
          Chief Information Officer, Environmental Protection 
        Agency.
          Chief Information Officer, National Aeronautics and 
        Space Administration.
          Chief Information Officer, Agency for International 
        Development.
          Chief Information Officer, Federal Emergency 
        Management Agency.
          Chief Information Officer, General Services 
        Administration.
          Chief Information Officer, National Science 
        Foundation.
          Chief Information Officer, Nuclear Regulatory Agency.
          Chief Information Officer, Office of Personnel 
        Management.
          Chief Information Officer, Small Business 
        Administration.
          Chief Information Officer of the Intelligence 
        Community.
          General Counsel of the Central Intelligence Agency.
          Principal Deputy Administrator, National Nuclear 
        Security Administration.
          Additional Deputy Administrators of the National 
        Nuclear Security Administration (3), but if the Deputy 
        Administrator for Naval Reactors is an officer of the 
        Navy on active duty, (2).
          Deputy Under Secretary of Commerce for Intellectual 
        Property and Deputy Director of the United States 
        Patent and Trademark Office.
          General Counsel of the Office of the Director of 
        National Intelligence.
          Chief Medical Officer, Department of Homeland 
        Security.

Sec. 5316. Positions at level V

  Level V of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Administrator, Bonneville Power Administration, 
        Department of the Interior.
          Administrator of the National Capital Transportation 
        Agency.
          Associate Administrators of the Small Business 
        Administration (4).
          Associate Administrators, National Aeronautics and 
        Space Administration (7).
          Associate Deputy Administrator, National Aeronautics 
        and Space Administration.
          Deputy Associate Administrator, National Aeronautics 
        and Space Administration.
          Archivist of the United States.
          Assistant Secretary of Health and Human Services for 
        Administration.
          Assistant Attorney General for Administration.
          Assistant and Science Adviser to the Secretary of the 
        Interior.
          Chairman, Foreign Claims Settlement Commission of the 
        United States, Department of Justice.
          Chairman of the Renegotiation Board.
          Chairman of the Subversive Activities Control Board.
          Chief Counsel for the Internal Revenue Service, 
        Department of the Treasury.
          Commissioner, Federal Acquisition Service, General 
        Services Administration.
          Director, United States Fish and Wildlife Service, 
        Department of the Interior.
          Commissioner of Indian Affairs, Department of the 
        Interior.
          Commissioners, Indian Claims Commission (5).
          Commissioner, Public Buildings Service, General 
        Services Administration.
          Commissioner of Reclamation, Department of the 
        Interior.
          Commissioner of Vocational Rehabilitation, Department 
        of Health and Human Services.
          Commissioner of Welfare, Department of Health and 
        Human Services.
          Director, Bureau of Mines, Department of the 
        Interior.
          Director, Geological Survey, Department of the 
        Interior.
          Deputy Commissioner of Internal Revenue, Department 
        of the Treasury.
          Associate Director of the Federal Mediation and 
        Conciliation Service.
          Associate Director for Volunteers, Peace Corps.
          Associate Director for Program Development and 
        Operations, Peace Corps.
          Assistants to the Director of the Federal Bureau of 
        Investigation, Department of Justice (2).
          Assistant Directors, Office of Emergency Planning 
        (3).
          Fiscal Assistant Secretary of the Treasury.
          General Counsel of the Agency for International 
        Development.
          General Counsel of the Nuclear Regulatory Commission.
          General Counsel of the National Aeronautics and Space 
        Administration.
          Manpower Administrator, Department of Labor.
          Members, Renegotiation Board.
          Members, Subversive Activities Control Board.
          Assistant Administrator of General Services.
          Director, United States Travel Service, Department of 
        Commerce.
          Assistant Director (Program Planning, Analysis and 
        Research), Office of Economic Opportunity.
          Deputy Director, National Security Agency.
          Director, Bureau of Land Management, Department of 
        the Interior.
          Director, National Park Service, Department of the 
        Interior.
          National Export Expansion Coordinator, Department of 
        Commerce.
          Staff Director, Commission on Civil Rights.
          Assistant Secretary for Administration, Department of 
        Transportation.
          Director, United States National Museum, Smithsonian 
        Institution.
          Director, Smithsonian Astrophysical Observatory, 
        Smithsonian Institution.
          Administrator of the Environmental Science Services 
        Administration.
          Associate Directors of the Office of Personnel 
        Management (5).
          Assistant Federal Highway Administrator.
          Deputy Administrator of the National Highway Traffic 
        Safety Administration.
          Deputy Administrator of the Federal Motor Carrier 
        Safety Administration.
          Assistant Federal Motor Carrier Safety Administrator.
          Director, Bureau of Narcotics and Dangerous Drugs, 
        Department of Justice.
          Vice Presidents, Overseas Private Investment 
        Corporation (3).
          Deputy Administrator, Federal Transit Administration, 
        Department of Transportation.
          General Counsel of the Equal Employment Opportunity 
        Commission.
          Executive Director, Advisory Council on Historic 
        Preservation.
          Additional Officers, Department of Energy (14).
          Additional officers, Nuclear Regulatory Commission 
        (5).
          Assistant Administrator for Coastal Zone Management, 
        National Oceanic and Atmospheric Administration.
          Assistant Administrator for Fisheries, National 
        Oceanic and Atmospheric Administration.
          Assistant Administrators (3), National Oceanic and 
        Atmospheric Administration.
          General Counsel, National Oceanic and Atmospheric 
        Administration.
          Members, Federal Labor Relations Authority (2) and 
        its General Counsel.
          Additional officers, Institute for Scientific and 
        Technological Cooperation (2).
          Additional officers, Office of Management and Budget 
        (6).
          [Associate Deputy Secretary, Department of 
        Transportation.]
          Chief Scientist, National Oceanic and Atmospheric 
        Administration.
          Director, Indian Health Service, Department of Health 
        and Human Services.
          Commissioners, United States Parole Commission (8).
          Commissioner, Administration on Children, Youth, and 
        Families.

           *       *       *       *       *       *       *

                              ----------                              


               DINGELL-JOHNSON SPORT FISH RESTORATION ACT



           *       *       *       *       *       *       *
  Sec. 3. To carry out the provisions of this Act for fiscal 
years after September 30, 1984, there are authorized to be 
appropriated from the Sport Fish Restoration and Boating Trust 
Fund established by section 9504(a) of the Internal Revenue 
Code of 1986 the amounts paid, transferred, or otherwise 
credited to that Trust Fund, except as provided in section 
9504(c) of the Internal Revenue Code of 1986. For purposes of 
the provision of the Act of August 31, 1951, which refers to 
this section, such amounts shall be treated as the amounts that 
are equal to the revenues described in this section. The 
appropriation made under the provisions of this section for 
each fiscal year shall continue available during succeeding 
fiscal years. So much of such appropriation apportioned to any 
State for any fiscal year as remains unexpended at the close 
thereof is authorized to be made available for expenditure in 
that State until the close of the succeeding fiscal year. Any 
amount apportioned to any State under the provisions of this 
Act which is unexpended or unobligated at the end of the period 
during which it is available for expenditure on any project is 
authorized to be made available for expenditure by the 
Secretary of the Interior to supplement the [57 percent] 58.012 
percent of the balance of each annual appropriation to be 
apportioned among the States, as provided for in section 4(c).
  Sec. 4. (a) In General.--[For each fiscal year through 2015 
and for the period beginning on October 1, 2015, and ending on 
October 29, 2015, the balance] For each fiscal year through 
fiscal year 2021, the balance of each annual appropriation made 
in accordance with the provisions of section 3 remaining after 
the distributions for administrative expenses and other 
purposes under subsection (b) and for [multistate conservation 
grants under section 14] activities under section 14(e) shall 
be distributed as follows:
          (1) Coastal wetlands.--An amount equal to [18.5 
        percent] 18.673 percent to the Secretary of the 
        Interior for distribution as provided in the Coastal 
        Wetlands Planning, Protection, and Restoration Act (16 
        U.S.C. 3951 et seq.).
          (2) Boating safety.--An amount equal to [18.5 
        percent] 17.315 percent to the Secretary of the 
        department in which the Coast Guard is operating for 
        State recreational boating safety programs under 
        section 13107 of title 46, United States Code.
          [(3) Clean vessel act.--An amount equal to 2.0 
        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).
          [(4) Boating infrastructure.--An amount equal to 2.0 
        percent to the Secretary of the Interior for obligation 
        for qualified projects under section 7404(d) of the 
        Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 
        777g-1(d)).]
          (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).
          [(5)] (4) National outreach and communications.--An 
        amount equal to 2.0 percent to the Secretary of the 
        Interior for the National Outreach and Communications 
        Program under section 8(d) of this Act. Such amounts 
        shall remain available for 3 fiscal years, after which 
        any portion thereof that is unobligated by the 
        Secretary for that program may be expended by the 
        Secretary under subsection (c) of this section.
  (b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
          (1) In general.--
                  (A) Set-aside for administration.--From the 
                annual appropriation made in accordance with 
                section 3, [for each fiscal year ending before 
                October 1, 2015, and for the period beginning 
                on October 1, 2015, and ending on October 29, 
                2015, the Secretary] for each fiscal year 
                through fiscal year 2021, the Secretary of the 
                Interior may use no more than the amount 
                specified in subparagraph (B) for the fiscal 
                year for expenses for administration incurred 
                in the implementation of this Act, in 
                accordance with this section and section 9. 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 each of fiscal years 2001 and 
                        2002, $9,000,000;
                          (ii) for fiscal year 2003, 
                        $8,212,000; and
                          (iii) for fiscal year 2004 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.
          (2) Set-aside for coast guard administration.--
                  (A) In general.--From the annual 
                appropriation made in accordance with section 
                3, for each of fiscal years 2016 through 2021, 
                the Secretary of the department in which the 
                Coast Guard is operating may use no more than 
                the amount specified in subparagraph (B) for 
                the fiscal year for the purposes set forth in 
                section 13107(c) of title 46, United States 
                Code. The amount specified in subparagraph (B) 
                for a fiscal year may not be included in the 
                amount of the annual appropriation distributed 
                under subsection (a) for the fiscal year.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          (i) for fiscal year 2016, $7,800,000;
                          (ii) for fiscal year 2017, 
                        $7,900,000;
                          (iii) for fiscal year 2018, 
                        $8,000,000;
                          (iv) for fiscal year 2019, 
                        $8,100,000;
                          (v) for fiscal year 2020, $8,200,000; 
                        and
                          (vi) for fiscal year 2021, 
                        $8,300,000.
          [(2)] (3) Period of availability; apportionment of 
        unobligated amounts.--
                  (A) Period of availability.--For each fiscal 
                year, the available amount under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph [until the end of the 
                fiscal year.] until the end of the subsequent 
                fiscal year.
                  (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States [under 
                subsection (e)] under subsection (c) for the 
                fiscal year.
  (c)(1) The Secretary after the distribution, transfer, use 
and deduction under subsection (b), and after deducting amounts 
used for [grants under section 14 of this title] activities 
under section 14(e), shall apportion [57 percent] 58.012 
percent of the balance of each such annual appropriation among 
the several States in the following manner: 40 percent in the 
ratio which the area of each State including coastal and Great 
Lakes waters (as determined by the Secretary of the Interior) 
bears to the total area of all the States, and 60 percent in 
the ratio which the number of persons holding paid licenses to 
fish for sport or recreation in the State in the second fiscal 
year preceding the fiscal year for which such apportionment is 
made, as certified to said Secretary by the State fish and game 
departments, bears to the number of such persons in all the 
States. Such apportionments shall be adjusted equitably so that 
no State shall receive less than 1 percent nor more than 5 
percent of the total amount apportioned. Where the 
apportionment to any State under this section is less than 
$4,500 annually, the Secretary of the Interior may allocate not 
more than $4,500 of said appropriation to said State to carry 
out the purposes of this Act when said State certifies to the 
Secretary of the Interior that it has set aside not less than 
$1,500 from its fish-and-game funds or has made, through its 
legislature, an appropriation in this amount for said purposes.
  (2) The Secretary shall deduct from the amount to be 
apportioned under paragraph (1) the amounts used for grants 
under section 14(a).
  (d) So much of any sum not allocated under the provisions of 
this section for any fiscal year is hereby authorized to be 
made available for expenditure to carry out the purposes of 
this Act until the close of the succeeding fiscal year. The 
term fiscal year as used in this section shall be a period of 
twelve consecutive months from October 1 through the succeeding 
September 30, except that the period for enumeration of persons 
holding licenses to fish shall be a State's fiscal or license 
year.
  (e) Expenses for Administration of Certain Programs.--
          (1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the 
        Interior shall use only funds authorized for use under 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in 
        [those subsections,] those paragraphs, respectively.
          (2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).
  (f) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary of the Interior after 3 fiscal years shall be 
transferred to the Secretary of the department in which the 
Coast Guard is operating and shall be expended for State 
recreational boating safety programs under section 13107(a) of 
title 46, United States Code.

           *       *       *       *       *       *       *

  Sec. 6. (a) Any State desiring to avail itself of the 
benefits of this Act shall, by its State fish and game 
department, submit programs or projects for fish restoration in 
either of the following two ways:
  (1) The State shall prepare and submit to the Secretary of 
the Interior a comprehensive fish and wildlife resource 
management plan which shall insure the perpetuation of these 
resources for the economic, scientific, and recreational 
enrichment of the people. Such plan shall be for a period of 
not less than five years and be based on projections of desires 
and needs of the people for a period of not less than fifteen 
years. It shall include provisions for updating at intervals of 
not more than three years and be provided in a format as may be 
required by the Secretary of the Interior. If the Secretary of 
the Interior finds that such plans conform to standards 
established by him and approves such plans, he may finance up 
to 75 per centum of the cost of implementing segments of those 
plans meeting the purposes of this Act from funds apportioned 
under this Act upon this approval of an annual agreement 
submitted to him.
  (2) A State may elect to avail itself of the benefits of this 
Act by its State fish and game department submitting to the 
Secretary of the Interior full and detailed statements of any 
fish restoration and management project proposed for that 
State. If the Secretary of the Interior finds that such project 
meets with the standards set by him and approves said project, 
the State fish and game department shall furnish to him such 
surveys, plans, specifications, and estimates therefor as he 
may require. If the Secretary of the interior approves the 
plans, specifications, and estimates for the project, he shall 
notify the State fish and game department and immediately set 
aside so much of said appropriation as represents the share of 
the United States payable under this Act on account of such 
project, which sum so set aside shall not exceed 75 per centum 
of the total estimated cost thereof.
  The Secretary of the Interior shall approve only such 
comprehensive plans or projects as may be substantial in 
character and design and the expenditure of funds hereby 
authorized shall be applied only to such approved comprehensive 
fishery plan or projects and if otherwise applied they shall be 
replaced by the State before it may participate in any further 
apportionment under this Act. No payment of any money 
apportioned under this Act shall be made on any comprehensive 
fishery plan or project until an agreement to participate 
therein shall have been submitted to and approved by the 
Secretary of the Interior.
  (b) If the State elects to avail itself of the benefits of 
this Act by preparing a comprehensive fish and wildlife plan 
under option (1) of subsection (a) of this section, then the 
term ``project'' may be defined for the purpose of this Act as 
a fishery program, all other definitions notwithstanding.
  (c) Administrative costs in the form of overhead or indirect 
costs for services provided by State central service activities 
outside of the State fish and game department charged against 
programs or projects supported by funds made available under 
this Act shall not exceed in any one fiscal year 3 per centum 
of the annual apportionment to the State.
  (d) The Secretary of the Interior may enter into agreements 
to finance up to 75 per centum of the initial costs of the 
acquisition of lands or interests therein and the construction 
of structures or facilities [for appropriations] from 
appropriations currently available for the purposes of this 
Act; and to agree to finance up to 75 per centum of the 
remaining costs over such a period of time as the Secretary may 
consider necessary. The liability of the United States in any 
such agreement is contingent upon the continued availability of 
funds for the purposes of this Act.

           *       *       *       *       *       *       *

  Sec. 8. (a) To maintain fish-restoration and management 
projects established under the provisions of this Act shall be 
the duty of the States according to their respective laws. 
Beginning July 1, 1953, maintenance of projects heretofore 
completed under the provisions of this Act may be considered as 
projects under this Act. Title to any real or personal property 
acquired by any State, and to improvements placed on State-
owned lands through the use of funds paid to the State under 
the provisions of this Act, shall be vested in such State.
  (b)(1) Each State shall allocate 15 percent of the funds 
apportioned to it for each fiscal year under section 4 of this 
Act for the payment of up to 75 per centum of the costs of the 
acquisition, development, renovation, or improvement of 
facilities (and auxiliary facilities necessary to insure the 
safe use of such facilities) that create, or add to, public 
access to the waters of the United States to improve the 
suitability of such waters for recreational boating purposes. 
Notwithstanding this provision, States within a United States 
Fish and Wildlife Service Administrative Region may allocate 
more or less than 15 percent in a fiscal year, provided that 
the total regional allocation averages 15 percent over a 5 year 
period.
  (2) So much of the funds that are allocated by a State under 
paragraph (1) in any fiscal year that remained unexpended or 
unobligated at the close of such year are authorized to be made 
available for the purposes described in paragraph (1) during 
the succeeding four fiscal years, but any portion of such funds 
that remain unexpended or unobligated at the close of such 
period are authorized to be made available for expenditure by 
the Secretary of the Interior to supplement the [57 percent] 
58.012 percent of the balance of each annual appropriation to 
be apportioned among the States under section 4(c).
  (c) Each State may use not to exceed 15 percent of the funds 
apportioned to it under section 4 of this Act to pay up to 75 
per centum of the costs of an aquatic resource education and 
outreach and communications program for the purpose of 
increasing public understanding of the Nation's water resources 
and associated aquatic life forms. The non-Federal share of 
such costs may not be derived from other Federal grant 
programs. The Secretary shall issue not later than the one 
hundred and twentieth day after the effective date of this 
subsection such regulations as he deems advisable regarding the 
criteria for such programs.
  (d) National Outreach and Communications Program.--
          (1) Implementation.--Within 1 year after the date of 
        enactment of the Sportfishing and Boating Safety Act of 
        1998, the Secretary of the Interior shall develop and 
        implement, in cooperation and consultation with the 
        Sport Fishing and Boating Partnership Council, a 
        national plan for outreach and communications.
          (2) Content.--The plan shall provide--
                  (A) guidance, including guidance on the 
                development of an administrative process and 
                funding priorities, for outreach and 
                communications programs; and
                  (B) for the establishment of a national 
                program.
          (3) Secretary may match or fund programs.--Under the 
        plan, the Secretary may obligate amounts available 
        under subsection (a)(5) or subsection (b) of section 4 
        of this Act--
                  (A) to make grants to any State or private 
                entity to pay all or any portion of the cost of 
                carrying out any outreach and communications 
                program under the plan; or
                  (B) to fund contracts with States or private 
                entities to carry out such a program.
          (4) Review.--The plan shall be reviewed periodically, 
        but not less frequently than once every 3 years.
  (e) State Outreach and Communications Program.--Within 12 
months after the completion of the national plan under 
subsection (d)(1), a State shall develop a plan for an outreach 
and communications program and submit it to the Secretary. In 
developing the plan, a State shall--
          (1) review the national plan developed under 
        subsection (d);
          (2) consult with anglers, boaters, the sportfishing 
        and boating industries, and the general public; and
          (3) establish priorities for the State outreach and 
        communications program proposed for implementation.
  (f) Pumpout Stations and Waste Reception Facilities.--Amounts 
apportioned to States under section 4 of this Act may be used 
to pay not more than 75 percent of the costs of constructing, 
renovating, operating, or maintaining pumpout stations and 
waste reception facilities (as those terms are defined in the 
Clean Vessel Act of 1992).
  (g) Surveys.--
          (1) National framework.--Within 6 months after the 
        date of enactment of the Sportfishing and Boating 
        Safety Act of 1998, the Secretary, in consultation with 
        the States, shall adopt a national framework for a 
        public boat access needs assessment which may be used 
        by States to conduct surveys to determine the adequacy, 
        number, location, and quality of facilities providing 
        access to recreational waters for all sizes of 
        recreational boats.
          (2) State surveys.--Within 18 months after such date 
        of enactment, each State that agrees to conduct a 
        public boat access needs survey following the 
        recommended national framework shall report its 
        findings to the Secretary for use in the development of 
        a comprehensive national assessment of recreational 
        boat access needs and facilities.
          (3) Exception.--Paragraph (2) does not apply to a 
        State if, within 18 months after such date of 
        enactment, the Secretary certifies that the State has 
        developed and is implementing a plan that ensures there 
        are and will be public boat access adequate to meet the 
        needs of recreational boaters on its waters.
          (4) Funding.--A State that conducts a public boat 
        access needs survey under paragraph (2) may fund the 
        costs of conducting that assessment out of amounts 
        allocated to it as funding dedicated to motorboat 
        access to recreational waters under subsection (b)(1) 
        of this section.

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  Sec. 12. The Secretary of the Interior is authorized to 
cooperate with the Secretary of Agriculture of Puerto Rico, the 
Mayor of the District of Columbia, the Governor of Guam, the 
Governor of American Samoa, the Governor of the Commonwealth of 
the Northern Mariana Islands, and the Governor of the Virgin 
Islands, in the conduct of fish restoration and management 
projects as defined in section 2 of this Act, upon such terms 
and conditions as he shall deem fair, just, and equitable, and 
is authorized to apportion to Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Virgin Islands, out of money 
available for apportionment under this Act, such sums as he 
shall determine, not exceeding for Puerto Rico 1 per centum, 
for the District of Columbia one-third of 1 per centum, for 
Guam one-third of 1 per centum, for American Samoa one-third of 
1 per centum, for the Commonwealth of the Northern Mariana 
Islands one-third of 1 per centum, and for the Virgin Islands 
one-third of 1 per centum of the total amount apportioned in 
any one year, but the Secretary shall in no event require any 
of said cooperating agencies to pay an amount which will exceed 
25 per centum of the cost of any project. Any unexpended or 
unobligated balance of any apportionment made pursuant to this 
section shall be made available for expenditure in Puerto Rico, 
the District of Columbia, Guam, the Commonwealth of the 
Northern Mariana Islands, or the Virgin Islands, as the case 
may be, in the succeeding year, on any approved projects, and 
if unexpended or unobligated at the end of such year is 
authorized to be made available for expenditure by the 
Secretary of the Interior to supplement the [57 percent] 58.012 
percent of the balance of each annual appropriation to be 
apportioned among the States [under section 4(b)] under section 
4(c) of this Act.

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SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

  (a) In General.--
          (1) Amount for grants.--Not more than $3,000,000 [of 
        each annual appropriation made in accordance with the 
        provisions of section 3] shall be distributed to the 
        Secretary of the Interior for making multistate 
        conservation project grants in accordance with this 
        section.
          (2) Period of availability; apportionment.--
                  (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                  (B) Apportionment.--At the end of the period 
                of availability under subparagraph (A), the 
                Secretary of the Interior shall apportion any 
                amounts that remain available among the States 
                in the manner specified in section 4(c) for use 
                by the States in the same manner as funds 
                apportioned under section 4(c).
  (b) Selection of Projects.--
          (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                  (A) at least 26 States;
                  (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                  (C) a regional association of State fish and 
                game departments.
          (2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may make grants under this 
        section only for projects identified on a priority list 
        of sport fish restoration projects described in 
        paragraph (3).
          (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        sport fish restoration projects that the International 
        Association of Fish and Wildlife Agencies--
                  (A) prepares through a committee comprised of 
                the heads of State fish and game departments 
                (or their designees), in consultation with--
                          (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                          (ii) sportsmen organizations; and
                          (iii) industries that fund the sport 
                        fish restoration programs under this 
                        Act;
                  (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                  (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
          (4) Publication.--The Assistant Director for Wildlife 
        and Sport Fish Restoration Programs shall publish in 
        the Federal Register each priority list submitted under 
        paragraph (3)(C).
  (c) Eligible Grantees.--
          (1) In general.--The Secretary of the Interior may 
        make a grant under this section only to--
                  (A) a State or group of States;
                  (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                  (C) subject to paragraph (2), a 
                nongovernmental organization.
          (2) Nongovernmental organizations.--
                  (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the International Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                          (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        taking of fish; and
                          (ii) will use the grant funds in 
                        compliance with subsection (d).
                  (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
  (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated taking 
of fish.
  (e) Funding for Other Activities.--[Of amounts made available 
under section 4(b) for each fiscal year--] 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:
          (1) $200,000 shall be made available for each of--
                  (A) the Atlantic States Marine Fisheries 
                Commission;
                  (B) the Gulf States Marine Fisheries 
                Commission;
                  (C) the Pacific States Marine Fisheries 
                Commission; and
                  (D) the Great Lakes Fisheries Commission[; 
                and].
          (2) $400,000 shall be made available for the Sport 
        Fishing and Boating Partnership Council established by 
        the United States Fish and Wildlife Service.
  (f) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to any activity carried out under this section.

[SEC. 15. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY ACCOUNT.

   [Amounts remaining in the Boat Safety Account on October 1, 
2005, and amounts thereafter credited to the Account under 
section 9602(b) of the Internal Revenue Code of 1986, shall be 
available, without further appropriation, for making 
expenditures before October 1, 2010, to carry out the purposes 
of this section and shall be distributed as follows:
          [(1) In fiscal year 2006, $28,155,000 shall be 
        distributed--
                  [(A) under section 4 of this Act in the 
                following manner:
                          [(i) $11,200,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          [(ii) $1,245,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          [(iii) $1,245,000 to be added to 
                        funds available under subsection (a)(4) 
                        of that section;
                          [(iv) $1,245,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          [(v) $12,800,000 to be added to funds 
                        available under subsection (c) of that 
                        section; and
                  [(B) under section 14 of this Act, $420,000, 
                to be added to funds available under subsection 
                (a)(1) of that section.
          [(2) In fiscal year 2007, $22,419,000 shall be 
        distributed--
                  [(A) under section 4 of this Act in the 
                following manner:
                          [(i) $8,075,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          [(ii) $713,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          [(iii) $713,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          [(iv) $713,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          [(v) $11,925,000 to be added to funds 
                        available under subsection (c) of that 
                        section; and
                  [(B) under section 14 of this Act, $280,000 
                to be added to funds available under subsection 
                (a)(1) of that section.
          [(3) In fiscal year 2008, $17,139,000 shall be 
        distributed--
                  [(A) under section 4 of this Act in the 
                following manner:
                          [(i) $6,800,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          [(ii) $333,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          [(iii) $333,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          [(iv) $333,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          [(v) $9,200,000 to be added to funds 
                        available under subsection (c) of that 
                        section; and
                  [(B) under section 14 of this Act, $140,000, 
                to be added to funds available under subsection 
                (a)(1) of that section.
          [(4) In fiscal year 2009, $12,287,000 shall be 
        distributed--
                  [(A) under section 4 of this Act in the 
                following manner:
                          [(i) $5,100,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          [(ii) $48,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          [(iii) $48,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          [(iv) $48,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          [(v) $6,900,000 to be added to funds 
                        available under subsection (c) of that 
                        section; and
                  [(B) under section 14 of this Act, $143,000, 
                to be added to funds available under subsection 
                (a)(1) of that section.
          [(5) In fiscal year 2010, all remaining funds in the 
        Account shall be distributed under section 4 of this 
        Act in the following manner:
                  [(A) one-third to be added to funds available 
                under subsection (a)(2) of that section; and
                  [(B) two-thirds to be added to funds 
                available under subsection (c) of that 
                section.]

SEC. [16.]  15. SHORT TITLE.

  This Act may be cited as the ``Dingell-Johnson Sport Fish 
Restoration Act''.

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                      TITLE 46, UNITED STATES CODE



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Subtitle II--Vessels and Seamen

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Part I--State Boating Safety Programs

           *       *       *       *       *       *       *


CHAPTER 131--RECREATIONAL BOATING SAFETY

           *       *       *       *       *       *       *


Sec. 13107. Authorization of appropriations

  (a)[(1) Subject to paragraph (2) and subsection (c),] Subject 
to subsection (c), the Secretary shall expend in each fiscal 
year for State recreational boating safety programs, under 
contracts with States under this chapter, an amount equal to 
[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)] the amount 
transferred to the Secretary under subsections (a)(2) and (f) 
of section 4 of the Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777c(a)(2) and (f)). The amount shall be allocated 
as provided under section 13104 of this title and shall be 
available for State recreational boating safety programs as 
provided under the guidelines established under subsection (b) 
of this section. Amounts authorized to be expended for State 
recreational boating safety programs shall remain available 
until expended and are deemed to have been expended only if an 
amount equal to the total amounts authorized to be expended 
under this section for the fiscal year in question and all 
prior fiscal years have been obligated. Amounts previously 
obligated but released by payment of a final voucher or 
modification of a program acceptance shall be credited to the 
balance of unobligated amounts and are immediately available 
for expenditure.
  [(2) The Secretary shall use not more than two percent of the 
amount available each fiscal year for State recreational 
boating safety programs under this chapter to pay the costs of 
investigations, personnel, and activities related to 
administering those programs.]
  (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for 
State recreational boating safety programs may be used. Those 
purposes shall include--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting boating safety inspections and marine 
        casualty investigations;
          (6) establishing and maintaining emergency or search 
        and rescue facilities, and providing emergency or 
        search and rescue assistance;
          (7) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  [(c)(1) Of the amount transferred to the Secretary under 
subsection (a)(2) of section 4 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is 
available to the Secretary for payment of expenses of the Coast 
Guard for personnel and activities directly related to 
coordinating and carrying out the national recreational boating 
safety program under this title, of which not less than 
$2,000,000 shall be available to the Secretary only to ensure 
compliance with chapter 43 of this title.]
  (c)(1)(A) The Secretary may use amounts made available each 
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of 
expenses of the Coast Guard for investigations, personnel, and 
activities directly related to--
          (i) administering State recreational boating safety 
        programs under this chapter; or
          (ii) coordinating or carrying out the national 
        recreational boating safety program under this title.
  (B) Of the amounts used by the Secretary each fiscal year 
under subparagraph (A)--
          (i) not less than $2,000,000 is available to ensure 
        compliance with chapter 43 of this title; and
          (ii) not more than $1,500,000 is available to conduct 
        a survey of levels of recreational boating 
        participation and related matters in the United States.
  (2) [No funds] On and after October 1, 2016, no funds 
available to the Secretary under this subsection may be used to 
replace funding [traditionally] provided through general 
appropriations, nor for any purposes except those purposes 
authorized by this section.
  (3) Amounts made available by this subsection shall remain 
available during the 2 succeeding fiscal years. Any amount that 
is unexpended or unobligated at the end of the 3-year period 
during which it is available shall be withdrawn by the 
Secretary and allocated to the States in addition to any other 
amounts available for allocation in the fiscal year in which 
they are withdrawn or the following fiscal year.
  (4) The Secretary shall publish annually in the Federal 
Register a detailed accounting of the projects, programs, and 
activities funded under this subsection.

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