    [114th Congress Public Law 94]
    [From the U.S. Government Publishing Office]

    [[Page 1311]]

                   FIXING AMERICA'S SURFACE TRANSPORTATION ACT

    [[Page 129 STAT. 1312]]

    Public Law 114-94
    114th Congress

                                     An Act

     To authorize funds for Federal-aid highways, highway safety programs,
         and transit programs, and for other purposes. <<NOTE: Dec. 4,
                              2015 -  [H.R. 22]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Fixing America's
    Surface Transportation Act. 23 USC 101 note.>>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

    Sec. 1. Short title; table of contents.

                       DIVISION A--SURFACE TRANSPORTATION

    Sec. 1001. Definitions.
    Sec. 1002. Reconciliation of funds.
    Sec. 1003. Effective date.
    Sec. 1004. References.

                          TITLE I--FEDERAL-AID HIGHWAYS

                     Subtitle A--Authorizations and Programs

    Sec. 1101. Authorization of appropriations.
    Sec. 1102. Obligation ceiling.
    Sec. 1103. Definitions.
    Sec. 1104. Apportionment.
    Sec. 1105. Nationally significant freight and highway projects.
    Sec. 1106. National highway performance program.
    Sec. 1107. Emergency relief for federally owned roads.
    Sec. 1108. Railway-highway grade crossings.
    Sec. 1109. Surface transportation block grant program.
    Sec. 1110. Highway use tax evasion projects.
    Sec. 1111. Bundling of bridge projects.
    Sec. 1112. Construction of ferry boats and ferry terminal facilities.
    Sec. 1113. Highway safety improvement program.
    Sec. 1114. Congestion mitigation and air quality improvement program.
    Sec. 1115. Territorial and Puerto Rico highway program.
    Sec. 1116. National highway freight program.
    Sec. 1117. Federal lands and tribal transportation programs.
    Sec. 1118. Tribal transportation program amendment.
    Sec. 1119. Federal lands transportation program.
    Sec. 1120. Federal lands programmatic activities.
    Sec. 1121. Tribal transportation self-governance program.
    Sec. 1122. State flexibility for National Highway System modifications.
    Sec. 1123. Nationally significant Federal lands and tribal projects
               program.

                 Subtitle B--Planning and Performance Management

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

                  Subtitle C--Acceleration of Project Delivery

    Sec. 1301. Satisfaction of requirements for certain historic sites.

    [[Page 129 STAT. 1313]]

    Sec. 1302. Clarification of transportation environmental authorities.
    Sec. 1303. Treatment of certain bridges under preservation requirements.
    Sec. 1304. Efficient environmental reviews for project decisionmaking.
    Sec. 1305. Integration of planning and environmental review.
    Sec. 1306. Development of programmatic mitigation plans.
    Sec. 1307. Technical assistance for States.
    Sec. 1308. Surface transportation project delivery program.
    Sec. 1309. Program for eliminating duplication of environmental reviews.
    Sec. 1310. Application of categorical exclusions for multimodal
               projects.
    Sec. 1311. Accelerated decisionmaking in environmental reviews.
    Sec. 1312. Improving State and Federal agency engagement in
               environmental reviews.
    Sec. 1313. Aligning Federal environmental reviews.
    Sec. 1314. Categorical exclusion for projects of limited Federal
               assistance.
    Sec. 1315. Programmatic agreement template.
    Sec. 1316. Assumption of authorities.
    Sec. 1317. Modernization of the environmental review process.
    Sec. 1318. Assessment of progress on accelerating project delivery.

                            Subtitle D--Miscellaneous

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

                      TITLE II--INNOVATIVE PROJECT FINANCE

    Sec. 2001. Transportation Infrastructure Finance and Innovation Act of
               1998 amendments.

    [[Page 129 STAT. 1314]]

    Sec. 2002. Availability payment concession model.

                        TITLE III--PUBLIC TRANSPORTATION

    Sec. 3001. Short title.
    Sec. 3002. Definitions.
    Sec. 3003. Metropolitan and statewide transportation planning.
    Sec. 3004. Urbanized area formula grants.
    Sec. 3005. Fixed guideway capital investment grants.
    Sec. 3006. Enhanced mobility of seniors and individuals with
               disabilities.
    Sec. 3007. Formula grants for rural areas.
    Sec. 3008. Public transportation innovation.
    Sec. 3009. Technical assistance and workforce development.
    Sec. 3010. Private sector participation.
    Sec. 3011. General provisions.
    Sec. 3012. Project management oversight.
    Sec. 3013. Public transportation safety program.
    Sec. 3014. Apportionments.
    Sec. 3015. State of good repair grants.
    Sec. 3016. Authorizations.
    Sec. 3017. Grants for buses and bus facilities.
    Sec. 3018. Obligation ceiling.
    Sec. 3019. Innovative procurement.
    Sec. 3020. Review of public transportation safety standards.
    Sec. 3021. Study on evidentiary protection for public transportation
               safety program information.
    Sec. 3022. Improved public transportation safety measures.
    Sec. 3023. Paratransit system under FTA approved coordinated plan.
    Sec. 3024. Report on potential of Internet of Things.
    Sec. 3025. Report on parking safety.
    Sec. 3026. Appointment of directors of Washington Metropolitan Area
               Transit Authority.
    Sec. 3027. Effectiveness of public transportation changes and funding.
    Sec. 3028. Authorization of grants for positive train control.
    Sec. 3029. Amendment to title 5.
    Sec. 3030. Technical and conforming changes.

                        TITLE IV--HIGHWAY TRAFFIC SAFETY

    Sec. 4001. Authorization of appropriations.
    Sec. 4002. Highway safety programs.
    Sec. 4003. Highway safety research and development.
    Sec. 4004. High-visibility enforcement program.
    Sec. 4005. National priority safety programs.
    Sec. 4006. Tracking process.
    Sec. 4007. Stop motorcycle checkpoint funding.
    Sec. 4008. Marijuana-impaired driving.
    Sec. 4009. Increasing public awareness of the dangers of drug-impaired
               driving.
    Sec. 4010. National priority safety program grant eligibility.
    Sec. 4011. Data collection.
    Sec. 4012. Study on the national roadside survey of alcohol and drug use
               by drivers.
    Sec. 4013. Barriers to data collection report.
    Sec. 4014. Technical corrections.
    Sec. 4015. Effective date for certain programs.

                          TITLE V--MOTOR CARRIER SAFETY

              Subtitle A--Motor Carrier Safety Grant Consolidation

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

         Subtitle B--Federal Motor Carrier Safety Administration Reform

                            Part I--Regulatory Reform

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

    [[Page 129 STAT. 1315]]

    Sec. 5204. Petitions.
    Sec. 5205. Inspector standards.
    Sec. 5206. Applications.

               Part II--Compliance, Safety, Accountability Reform

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

                   Subtitle C--Commercial Motor Vehicle Safety

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

                  Subtitle D--Commercial Motor Vehicle Drivers

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

                         Subtitle E--General Provisions

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

                              TITLE VI--INNOVATION

    Sec. 6001. Short title.
    Sec. 6002. Authorization of appropriations.
    Sec. 6003. Technology and innovation deployment program.
    Sec. 6004. Advanced transportation and congestion management
               technologies deployment.
    Sec. 6005. Intelligent transportation system goals.
    Sec. 6006. Intelligent transportation system purposes.
    Sec. 6007. Intelligent transportation system program report.
    Sec. 6008. Intelligent transportation system national architecture and
               standards.
    Sec. 6009. Communication systems deployment report.
    Sec. 6010. Infrastructure development.
    Sec. 6011. Departmental research programs.
    Sec. 6012. Research and Innovative Technology Administration.
    Sec. 6013. Web-based training for emergency responders.

    [[Page 129 STAT. 1316]]

    Sec. 6014. Hazardous materials research and development.
    Sec. 6015. Office of Intermodalism.
    Sec. 6016. University transportation centers.
    Sec. 6017. Bureau of Transportation Statistics.
    Sec. 6018. Port performance freight statistics program.
    Sec. 6019. Research planning.
    Sec. 6020. Surface transportation system funding alternatives.
    Sec. 6021. Future interstate study.
    Sec. 6022. Highway efficiency.
    Sec. 6023. Transportation technology policy working group.
    Sec. 6024. Collaboration and support.
    Sec. 6025. GAO report.
    Sec. 6026. Traffic congestion.
    Sec. 6027. Smart cities transportation planning study.
    Sec. 6028. Performance management data support program.

                  TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

    Sec. 7001. Short title.

                           Subtitle A--Authorizations

    Sec. 7101. Authorization of appropriations.

              Subtitle B--Hazardous Material Safety and Improvement

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

          Subtitle C--Safe Transportation of Flammable Liquids by Rail

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

                  TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

    Sec. 8001. Multimodal freight transportation.

     TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

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

         TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

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

                                 TITLE XI--RAIL

    Sec. 11001. Short title.

                           Subtitle A--Authorizations

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

    [[Page 129 STAT. 1317]]

                           Subtitle B--Amtrak Reforms

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

                   Subtitle C--Intercity Passenger Rail Policy

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

                               Subtitle D--Safety

    Sec. 11401. Highway-rail grade crossing safety.
    Sec. 11402. Private highway-rail grade crossings.
    Sec. 11403. Study on use of locomotive horns at highway-rail grade
               crossings.
    Sec. 11404. Positive train control at grade crossings effectiveness
               study.
    Sec. 11405. Bridge inspection reports.
    Sec. 11406. Speed limit action plans.
    Sec. 11407. Alerters.
    Sec. 11408. Signal protection.
    Sec. 11409. Commuter rail track inspections.
    Sec. 11410. Post-accident assessment.
    Sec. 11411. Recording devices.
    Sec. 11412. Railroad police officers.
    Sec. 11413. Repair and replacement of damaged track inspection
               equipment.
    Sec. 11414. Report on vertical track deflection.
    Sec. 11415. Rail passenger liability.

                          Subtitle E--Project Delivery

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

                              Subtitle F--Financing

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

    [[Page 129 STAT. 1318]]

    Sec. 11610. Savings provisions.
    Sec. 11611. Report on leveraging RRIF.

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

                        TITLE XXIV--MOTOR VEHICLE SAFETY

                           Subtitle A--Vehicle Safety

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

          Subtitle B--Research And Development And Vehicle Electronics

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

                      Subtitle C--Miscellaneous Provisions

                       Part I--DRIVER PRIVACY ACT OF 2015

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

             Part II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015

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

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

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

                       Part IV--ALTERNATIVE FUEL VEHICLES

    Sec. 24341. Regulatory parity for natural gas vehicles.

                 Part V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT

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

                 Subtitle D--Additional Motor Vehicle Provisions

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

                               DIVISION C--FINANCE

                TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

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

    Sec. 31101. Extension of Highway Trust Fund expenditure authority.

    [[Page 129 STAT. 1319]]

    Sec. 31102. Extension of highway-related taxes.

             Subtitle B--Additional Transfers to Highway Trust Fund

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

                              TITLE XXXII--OFFSETS

                           Subtitle A--Tax Provisions

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

                          Subtitle B--Fees and Receipts

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

                               Subtitle C--Outlays

    Sec. 32301. Interest on overpayment.

                          Subtitle D--Budgetary Effects

    Sec. 32401. Budgetary effects.

                            DIVISION D--MISCELLANEOUS

                    TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

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

                        TITLE XLII--ADDITIONAL PROVISIONS

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

           TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

    Sec. 43001. Payments from Abandoned Mine Reclamation Fund.

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

    Sec. 50001. Short title.

      TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

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

    [[Page 129 STAT. 1320]]

    Sec. 51008. Pilot program for reinsurance.

                 TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

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

                     TITLE LIII--MODERNIZATION OF OPERATIONS

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

                          TITLE LIV--GENERAL PROVISIONS

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

                             TITLE LV--OTHER MATTERS

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

                           DIVISION F--ENERGY SECURITY

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

                         DIVISION G--FINANCIAL SERVICES

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

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

            TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

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

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

    Sec. 73001. Technical corrections.
    Sec. 73002. American Eagle Silver Bullion 30th Anniversary.

                        TITLE LXXIV--SBIC ADVISERS RELIEF

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

                 TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

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

      TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

    Sec. 76001. Exempted transactions.

         TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

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

                TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

    Sec. 78001. Reviews of family incomes.

                   TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

    Sec. 79001. Authority to administer rental assistance.

    [[Page 129 STAT. 1321]]

    Sec. 79002. Reallocation of funds.

                      TITLE LXXX--CHILD SUPPORT ASSISTANCE

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

                   TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

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

     TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

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

                   TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

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

                 TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

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

        TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

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

              TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

    Sec. 86001. Repeal.

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

    Sec. 87001. Date for determining consolidated assets.

                   TITLE LXXXVIII--STATE LICENSING EFFICIENCY

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

       TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES

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

                       DIVISION A--SURFACE TRANSPORTATION

    SEC. 1001. <<NOTE: 23 USC 101 note.>>  DEFINITIONS.

        In this division, the following definitions apply:
                (1) Department.--The term ``Department'' means the
            Department of Transportation.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Transportation.
    SEC. 1002. RECONCILIATION OF FUNDS.

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

    [[Page 129 STAT. 1322]]

    this Act, shall be reduced by the amount set aside pursuant to section
    213 of such title, as in effect on the day before the date of enactment
    of this Act.
    SEC. 1003. <<NOTE: 5 USC 5313 note.>>  EFFECTIVE DATE.

        Except as otherwise provided, this division, including the
    amendments made by this division, takes effect on October 1, 2015.
    SEC. 1004. <<NOTE: 1 USC 1 note.>>  REFERENCES.

        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in this division shall be treated as referring only to
    the provisions of this division.

                          TITLE I--FEDERAL-AID HIGHWAYS

                     Subtitle A--Authorizations and Programs

    SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--The following sums are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
                (1) Federal-aid highway program.--For the national highway
            performance program under section 119 of title 23, United States
            Code, the surface transportation block grant program under
            section 133 of that title, the highway safety improvement
            program under section 148 of that title, the congestion
            mitigation and air quality improvement program under section 149
            of that title, the national highway freight program under
            section 167 of that title, and to carry out section 134 of that
            title--
                        (A) $39,727,500,000 for fiscal year 2016;
                        (B) $40,547,805,000 for fiscal year 2017;
                        (C) $41,424,020,075 for fiscal year 2018;
                        (D) $42,358,903,696 for fiscal year 2019; and
                        (E) $43,373,294,311 for fiscal year 2020.
                (2) Transportation infrastructure finance and innovation
            program.--For credit assistance under the transportation
            infrastructure finance and innovation program under chapter 6 of
            title 23, United States Code--
                        (A) $275,000,000 for fiscal year 2016;
                        (B) $275,000,000 for fiscal year 2017;
                        (C) $285,000,000 for fiscal year 2018;
                        (D) $300,000,000 for fiscal year 2019; and
                        (E) $300,000,000 for fiscal year 2020.
                (3) Federal lands and tribal transportation programs.--
                        (A) Tribal transportation program.--For the tribal
                    transportation program under section 202 of title 23,
                    United States Code--
                              (i) $465,000,000 for fiscal year 2016;
                              (ii) $475,000,000 for fiscal year 2017;
                              (iii) $485,000,000 for fiscal year 2018;
                              (iv) $495,000,000 for fiscal year 2019; and
                              (v) $505,000,000 for fiscal year 2020.
                        (B) Federal lands transportation program.--

    [[Page 129 STAT. 1323]]

                              (i) In general.--For the Federal lands
                          transportation program under section 203 of title
                          23, United States Code--
                                        (I) $335,000,000 for fiscal year
                                    2016;
                                        (II) $345,000,000 for fiscal year
                                    2017;
                                        (III) $355,000,000 for fiscal year
                                    2018;
                                        (IV) $365,000,000 for fiscal year
                                    2019; and
                                        (V) $375,000,000 for fiscal year
                                    2020.
                              (ii) Allocation.--Of the amount made available
                          for a fiscal year under clause (i)--
                                        (I) the amount for the National Park
                                    Service is--
                                                (aa) $268,000,000 for fiscal
                                            year 2016;
                                                (bb) $276,000,000 for fiscal
                                            year 2017;
                                                (cc) $284,000,000 for fiscal
                                            year 2018;
                                                (dd) $292,000,000 for fiscal
                                            year 2019; and
                                                (ee) $300,000,000 for fiscal
                                            year 2020.
                                        (II) the amount for the United
                                    States Fish and Wildlife Service is
                                    $30,000,000 for each of fiscal years
                                    2016 through 2020; and
                                        (III) the amount for the United
                                    States Forest Service is--
                                                (aa) $15,000,000 for fiscal
                                            year 2016;
                                                (bb) $16,000,000 for fiscal
                                            year 2017;
                                                (cc) $17,000,000 for fiscal
                                            year 2018;
                                                (dd) $18,000,000 for fiscal
                                            year 2019; and
                                                (ee) $19,000,000 for fiscal
                                            year 2020.
                        (C) Federal lands access program.--For the Federal
                    lands access program under section 204 of title 23,
                    United States Code--
                              (i) $250,000,000 for fiscal year 2016;
                              (ii) $255,000,000 for fiscal year 2017;
                              (iii) $260,000,000 for fiscal year 2018;
                              (iv) $265,000,000 for fiscal year 2019; and
                              (v) $270,000,000 for fiscal year 2020.
                (4) Territorial and puerto rico highway program.--For the
            territorial and Puerto Rico highway program under section 165 of
            title 23, United States Code, $200,000,000 for each of fiscal
            years 2016 through 2020.
                (5) Nationally significant freight and highway projects.--
            For nationally significant freight and highway projects under
            section 117 of title 23, United States Code--
                        (A) $800,000,000 for fiscal year 2016;
                        (B) $850,000,000 for fiscal year 2017;
                        (C) $900,000,000 for fiscal year 2018;
                        (D) $950,000,000 for fiscal year 2019; and
                        (E) $1,000,000,000 for fiscal year 2020.

        (b) <<NOTE: 23 USC 101 note.>>  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;

    [[Page 129 STAT. 1324]]

                        (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

    [[Page 129 STAT. 1325]]

                    the location of the small business concerns in the
                    State; and
                        (B) notify the Secretary, in writing, of the
                    percentage of the small business concerns that are
                    controlled by--
                              (i) women;
                              (ii) socially and economically disadvantaged
                          individuals (other than women); and
                              (iii) individuals who are women and are
                          otherwise socially and economically disadvantaged
                          individuals.
                (5) Uniform certification.--
                        (A) In general.--The Secretary shall establish
                    minimum uniform criteria for use by State governments in
                    certifying whether a concern qualifies as a small
                    business concern for the purpose of this subsection.
                        (B) Inclusions.--The minimum uniform criteria
                    established under subparagraph (A) shall include, with
                    respect to a potential small business concern--
                              (i) on-site visits;
                              (ii) personal interviews with personnel;
                              (iii) issuance or inspection of licenses;
                              (iv) analyses of stock ownership;
                              (v) listings of equipment;
                              (vi) analyses of bonding capacity;
                              (vii) listings of work completed;
                              (viii) examination of the resumes of principal
                          owners;
                              (ix) analyses of financial capacity; and
                              (x) analyses of the type of work preferred.
                (6) Reporting.--The Secretary shall establish minimum
            requirements for use by State governments in reporting to the
            Secretary--
                        (A) information concerning disadvantaged business
                    enterprise awards, commitments, and achievements; and
                        (B) such other information as the Secretary
                    determines to be appropriate for the proper monitoring
                    of the disadvantaged business enterprise program.
                (7) Compliance with court orders.--Nothing in this
            subsection limits the eligibility of an individual or entity to
            receive funds made available under titles I, II, III, and VI of
            this Act and section 403 of title 23, United States Code, if the
            entity or person is prevented, in whole or in part, from
            complying with paragraph (3) because a Federal court issues a
            final order in which the court finds that a requirement or the
            implementation of paragraph (3) is unconstitutional.
                (8) Sense of congress on prompt payment of dbe
            subcontractors.--It is the sense of Congress that--
                        (A) the Secretary should take additional steps to
                    ensure that recipients comply with section 26.29 of
                    title 49, Code of Federal Regulations (the disadvantaged
                    business enterprises prompt payment rule), or any
                    corresponding regulation, in awarding federally funded
                    transportation contracts under laws and regulations
                    administered by the Secretary; and
                        (B) such additional steps should include increasing
                    the Department's ability to track and keep records of
                    complaints and to make that information publicly
                    available.

    [[Page 129 STAT. 1326]]

    SEC. 1102. <<NOTE: 23 USC 104 note.>>  OBLIGATION CEILING.

        (a) General Limitation.--Subject to subsection (e), and
    notwithstanding any other provision of law, the obligations for Federal-
    aid highway and highway safety construction programs shall not exceed--
                (1) $42,361,000,000 for fiscal year 2016;
                (2) $43,266,100,000 for fiscal year 2017;
                (3) $44,234,212,000 for fiscal year 2018;
                (4) $45,268,596,000 for fiscal year 2019; and
                (5) $46,365,092,000 for fiscal year 2020.

        (b) Exceptions.--The limitations under subsection (a) shall not
    apply to obligations under or for--
                (1) section 125 of title 23, United States Code;
                (2) section 147 of the Surface Transportation Assistance Act
            of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
                (3) section 9 of the Federal-Aid Highway Act of 1981 (95
            Stat. 1701);
                (4) subsections (b) and (j) of section 131 of the Surface
            Transportation Assistance Act of 1982 (96 Stat. 2119);
                (5) subsections (b) and (c) of section 149 of the Surface
            Transportation and Uniform Relocation Assistance Act of 1987
            (101 Stat. 198);
                (6) sections 1103 through 1108 of the Intermodal Surface
            Transportation Efficiency Act of 1991 (105 Stat. 2027);
                (7) section 157 of title 23, United States Code (as in
            effect on June 8, 1998);
                (8) section 105 of title 23, United States Code (as in
            effect for fiscal years 1998 through 2004, but only in an amount
            equal to $639,000,000 for each of those fiscal years);
                (9) Federal-aid highway programs for which obligation
            authority was made available under the Transportation Equity Act
            for the 21st Century (112 Stat. 107) or subsequent Acts for
            multiple years or to remain available until expended, but only
            to the extent that the obligation authority has not lapsed or
            been used;
                (10) section 105 of title 23, United States Code (as in
            effect for fiscal years 2005 through 2012, but only in an amount
            equal to $639,000,000 for each of those fiscal years);
                (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
            Stat. 1248), to the extent that funds obligated in accordance
            with that section were not subject to a limitation on
            obligations at the time at which the funds were initially made
            available for obligation;
                (12) section 119 of title 23, United States Code (as in
            effect for fiscal years 2013 through 2015, but only in an amount
            equal to $639,000,000 for each of those fiscal years); and
                (13) section 119 of title 23, United States Code (but, for
            fiscal years 2016 through 2020, only in an amount equal to
            $639,000,000 for each of those fiscal years).

        (c) Distribution of Obligation Authority.--For each of fiscal years
    2016 through 2020, the Secretary--
                (1) shall not distribute obligation authority provided by
            subsection (a) for the fiscal year for--
                        (A) amounts authorized for administrative expenses
                    and programs by section 104(a) of title 23, United
                    States Code; and

    [[Page 129 STAT. 1327]]

                        (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.

    [[Page 129 STAT. 1328]]

        (d) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (c), the Secretary shall, after August 1 of each of fiscal
    years 2016 through 2020--
                (1) revise a distribution of the obligation authority made
            available under subsection (c) if an amount distributed cannot
            be obligated during that fiscal year; and
                (2) redistribute sufficient amounts to those States able to
            obligate amounts in addition to those previously distributed
            during that fiscal year, giving priority to those States having
            large unobligated balances of funds apportioned under sections
            144 (as in effect on the day before the date of enactment of
            MAP-21 (Public Law 112-141)) and 104 of title 23, United States
            Code.

        (e) Applicability of Obligation Limitations to Transportation
    Research Programs.--
                (1) In general.--Except as provided in paragraph (2),
            obligation limitations imposed by subsection (a) shall apply to
            contract authority for transportation research programs carried
            out under--
                        (A) chapter 5 of title 23, United States Code; and
                        (B) title VI of this Act.
                (2) Exception.--Obligation authority made available under
            paragraph (1) shall--
                        (A) remain available for a period of 4 fiscal years;
                    and
                        (B) be in addition to the amount of any limitation
                    imposed on obligations for Federal-aid highway and
                    highway safety construction programs for future fiscal
                    years.

        (f) Redistribution of Certain Authorized Funds.--
                (1) In general.--Not later than 30 days after the date of
            distribution of obligation authority under subsection (c) for
            each of fiscal years 2016 through 2020, the Secretary shall
            distribute to the States any funds (excluding funds authorized
            for the program under section 202 of title 23, United States
            Code) that--
                        (A) are authorized to be appropriated for the fiscal
                    year for Federal-aid highway programs; and
                        (B) the Secretary determines will not be allocated
                    to the States (or will not be apportioned to the States
                    under section 204 of title 23, United States Code), and
                    will not be available for obligation, for the fiscal
                    year because of the imposition of any obligation
                    limitation for the fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same proportion as the distribution of obligation
            authority under subsection (c)(5).
                (3) Availability.--Funds distributed to each State under
            paragraph (1) shall be available for any purpose described in
            section 133(b) of title 23, United States Code.
    SEC. 1103. DEFINITIONS.

        Section 101(a) of title 23, United States Code, is amended--
                (1) by striking paragraph (29);
                (2) by redesignating paragraphs (15) through (28) as
            paragraphs (16) through (29), respectively; and
                (3) by inserting after paragraph (14) the following:

    [[Page 129 STAT. 1329]]

                ``(15) National highway freight network.--The term `National
            Highway Freight Network' means the National Highway Freight
            Network established under section 167.''.
    SEC. 1104. APPORTIONMENT.

        (a) Administrative Expenses.--Section 104(a)(1) of title 23, United
    States Code, is amended to read as follows:
                ``(1) In general.--There is authorized to be appropriated
            from the Highway Trust Fund (other than the Mass Transit
            Account) to be made available to the Secretary for
            administrative expenses of the Federal Highway Administration--
                        ``(A) $453,000,000 for fiscal year 2016;
                        ``(B) $459,795,000 for fiscal year 2017;
                        ``(C) $466,691,925 for fiscal year 2018;
                        ``(D) $473,692,304 for fiscal year 2019; and
                        ``(E) $480,797,689 for fiscal year 2020.''.

        (b) Division Among Programs of State's Share of Base
    Apportionment.--Section 104(b) of title 23, United States Code, is
    amended--
                (1) by striking ``(b) Division of'' and all that follows
            before paragraph (1) and inserting the following:

        ``(b) Division Among Programs of State's Share of Base
    Apportionment.--The Secretary shall distribute the amount of the base
    apportionment apportioned to a State for a fiscal year under subsection
    (c) among the national highway performance program, the surface
    transportation block grant program, the highway safety improvement
    program, the congestion mitigation and air quality improvement program,
    the national highway freight program, and to carry out section 134 as
    follows:'';
                (2) in paragraphs (1), (2), and (3) by striking ``paragraphs
            (4) and (5)'' each place it appears and inserting ``paragraphs
            (4), (5), and (6)'';
                (3) in paragraph (2)--
                        (A) in the paragraph heading by striking ``Surface
                    transportation program'' and inserting ``Surface
                    transportation block grant program''; and
                        (B) by striking ``surface transportation program''
                    and inserting ``surface transportation block grant
                    program'';
                (4) in paragraph (4), in the matter preceding subparagraph
            (A), by striking ``the amount determined for the State under
            subsection (c)'' and inserting ``the amount of the base
            apportionment remaining for the State under subsection (c) after
            making the set aside in accordance with paragraph (5)'';
                (5) by redesignating paragraph (5) as paragraph (6);
                (6) by inserting after paragraph (4) the following:
                ``(5) National highway freight program.--
                        ``(A) In general.--For the national highway freight
                    program under section 167, the Secretary shall set aside
                    from the base apportionment determined for a State under
                    subsection (c) an amount determined for the State under
                    subparagraphs (B) and (C).
                        ``(B) Total amount.--The total amount set aside for
                    the national highway freight program for all States
                    shall be--
                              ``(i) $1,150,000,000 for fiscal year 2016;
                              ``(ii) $1,100,000,000 for fiscal year 2017;
                              ``(iii) $1,200,000,000 for fiscal year 2018;

    [[Page 129 STAT. 1330]]

                              ``(iv) $1,350,000,000 for fiscal year 2019;
                          and
                              ``(v) $1,500,000,000 for fiscal year 2020.
                        ``(C) State share.--For each fiscal year, the
                    Secretary shall distribute among the States the total
                    set-aside amount for the national highway freight
                    program under subparagraph (B) so that each State
                    receives the amount equal to the proportion that--
                              ``(i) the total base apportionment determined
                          for the State under subsection (c); bears to
                              ``(ii) the total base apportionments for all
                          States under subsection (c).
                        ``(D) Metropolitan planning.--Of the amount set
                    aside under this paragraph for a State, the Secretary
                    shall use to carry out section 134 an amount determined
                    by multiplying the set-aside amount by the proportion
                    that--
                              ``(i) the amount apportioned to the State to
                          carry out section 134 for fiscal year 2009; bears
                          to
                              ``(ii) the total amount of funds apportioned
                          to the State for that fiscal year for the programs
                          referred to in section 105(a)(2) (except for the
                          high priority projects program referred to in
                          section 105(a)(2)(H)), as in effect on the day
                          before the date of enactment of MAP-21 (Public Law
                          112-141; 126 Stat. 405).''; and
                (7) in paragraph (6) (as so redesignated), in the matter
            preceding subparagraph (A), by striking ``the amount determined
            for the State under subsection (c)'' and inserting ``the amount
            of the base apportionment remaining for a State under subsection
            (c) after making the set aside in accordance with paragraph
            (5)''.

        (c) Calculation of State Amounts.--Section 104(c) of title 23,
    United States Code, is amended to read as follows:
        ``(c) Calculation of Amounts.--
                ``(1) State share.--For each of fiscal years 2016 through
            2020, the amount for each State shall be determined as follows:
                        ``(A) Initial amounts.--The initial amounts for each
                    State shall be determined by multiplying--
                              ``(i) each of--
                                        ``(I) the base apportionment;
                                        ``(II) supplemental funds reserved
                                    under subsection (h)(1) for the national
                                    highway performance program; and
                                        ``(III) supplemental funds reserved
                                    under subsection (h)(2) for the surface
                                    transportation block grant program; by
                              ``(ii) the share for each State, which shall
                          be equal to the proportion that--
                                        ``(I) the amount of apportionments
                                    that the State received for fiscal year
                                    2015; bears to
                                        ``(II) the amount of those
                                    apportionments received by all States
                                    for that fiscal year.
                        ``(B) Adjustments to amounts.--The initial amounts
                    resulting from the calculation under subparagraph (A)
                    shall be adjusted to ensure that each State receives an
                    aggregate apportionment equal to at least 95 percent of
                    the estimated tax payments attributable to highway users
                    in the State paid into the Highway Trust Fund (other
                    than the Mass

    [[Page 129 STAT. 1331]]

                    Transit Account) in the most recent fiscal year for
                    which data are available.
                ``(2) State apportionment.--On October 1 of fiscal years
            2016 through 2020, the Secretary shall apportion the sums
            authorized to be appropriated for expenditure on the national
            highway performance program under section 119, the surface
            transportation block grant program under section 133, the
            highway safety improvement program under section 148, the
            congestion mitigation and air quality improvement program under
            section 149, the national highway freight program under section
            167, and to carry out section 134 in accordance with paragraph
            (1).''.

        (d) Supplemental Funds.--Section 104 of title 23, United States
    Code, is amended by adding at the end the following:
        ``(h) Supplemental Funds.--
                ``(1) Supplemental funds for national highway performance
            program.--
                        ``(A) Amount.--Before making an apportionment for a
                    fiscal year under subsection (c), the Secretary shall
                    reserve for the national highway performance program
                    under section 119 for that fiscal year an amount equal
                    to--
                              ``(i) $53,596,122 for fiscal year 2019; and
                              ``(ii) $66,717,816 for fiscal year 2020.
                        ``(B) Treatment of funds.--Funds reserved under
                    subparagraph (A) and apportioned to a State under
                    subsection (c) shall be treated as if apportioned under
                    subsection (b)(1), and shall be in addition to amounts
                    apportioned under that subsection.
                ``(2) Supplemental funds for surface transportation block
            grant program.--
                        ``(A) Amount.--Before making an apportionment for a
                    fiscal year under subsection (c), the Secretary shall
                    reserve for the surface transportation block grant
                    program under section 133 for that fiscal year an amount
                    equal to--
                              ``(i) $835,000,000 for each of fiscal years
                          2016 and 2017 pursuant to section 133(h), plus--
                                        ``(I) $55,426,310 for fiscal year
                                    2016; and
                                        ``(II) $89,289,904 for fiscal year
                                    2017; and
                              ``(ii) $850,000,000 for each of fiscal years
                          2018 through 2020 pursuant to section 133(h),
                          plus--
                                        ``(I) $118,013,536 for fiscal year
                                    2018;
                                        ``(II) $130,688,367 for fiscal year
                                    2019; and
                                        ``(III) $170,053,448 for fiscal year
                                    2020.
                        ``(B) Treatment of funds.--Funds reserved under
                    subparagraph (A) and apportioned to a State under
                    subsection (c) shall be treated as if apportioned under
                    subsection (b)(2), and shall be in addition to amounts
                    apportioned under that subsection.

        ``(i) Base Apportionment Defined.--In this section, the term `base
    apportionment' means--
                ``(1) the combined amount authorized for appropriation for
            the national highway performance program under section 119, the
            surface transportation block grant program under section 133,
            the highway safety improvement program under section 148, the
            congestion mitigation and air quality improvement

    [[Page 129 STAT. 1332]]

            program under section 149, the national highway freight program
            under section 167, and to carry out section 134; minus
                ``(2) supplemental funds reserved under subsection (h) for
            the national highway performance program and the surface
            transportation block grant program.''.

        (e) Conforming Amendments.--
                (1) Section 104(d)(1)(A) of title 23, United States Code, is
            amended by striking ``subsection (b)(5)'' each place it appears
            and inserting ``paragraphs (5)(D) and (6) of subsection (b)''.
                (2) Section 120(c)(3) of title 23, United States Code, is
            amended--
                        (A) in subparagraph (A) in the matter preceding
                    clause (i), by striking ``or (5)'' and inserting
                    ``(5)(D), or (6)''; and
                        (B) in subparagraph (C)(i) by striking ``and (5)''
                    and inserting ``(5)(D), and (6)''.
                (3) Section 135(i) of title 23, United States Code, is
            amended by striking ``section 104(b)(5)'' and inserting
            ``paragraphs (5)(D) and (6) of section 104(b)''.
                (4) Section 136(b) of title 23, United States Code, is
            amended in the first sentence by striking ``paragraphs (1)
            through (5) of section 104(b)'' and inserting ``paragraphs (1)
            through (6) of section 104(b)''.
                (5) Section 141(b)(2) of title 23, United States Code, is
            amended by striking ``paragraphs (1) through (5) of section
            104(b)'' and inserting ``paragraphs (1) through (6) of section
            104(b)''.
                (6) Section 505(a) of title 23, United States Code, is
            amended in the matter preceding paragraph (1) by striking
            ``through (4)'' and inserting ``through (5)''.
    SEC. 1105. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

        (a) In General.--Title 23, United States Code, is amended by
    inserting after section 116 the following:
    ``Sec. 117. <<NOTE: 23 USC 117.>>  Nationally significant freight
                    and highway projects

        ``(a) Establishment.--
                ``(1) In general.--There is established a nationally
            significant freight and highway projects program to provide
            financial assistance for projects of national or regional
            significance.
                ``(2) Goals.--The goals of the program shall be to--
                        ``(A) improve the safety, efficiency, and
                    reliability of the movement of freight and people;
                        ``(B) generate national or regional economic
                    benefits and an increase in the global economic
                    competitiveness of the United States;
                        ``(C) reduce highway congestion and bottlenecks;
                        ``(D) improve connectivity between modes of freight
                    transportation;
                        ``(E) enhance the resiliency of critical highway
                    infrastructure and help protect the environment;
                        ``(F) improve roadways vital to national energy
                    security; and
                        ``(G) address the impact of population growth on the
                    movement of people and freight.

        ``(b) Grant Authority.--

    [[Page 129 STAT. 1333]]

                ``(1) In general.--In carrying out the program established
            in subsection (a), the Secretary may make grants, on a
            competitive basis, in accordance with this section.
                ``(2) Grant amount.--Except as otherwise provided, each
            grant made under this section shall be in an amount that is at
            least $25,000,000.

        ``(c) Eligible Applicants.--
                ``(1) In general.--The Secretary may make a grant under this
            section to the following:
                        ``(A) A State or a group of States.
                        ``(B) A metropolitan planning organization that
                    serves an urbanized area (as defined by the Bureau of
                    the Census) with a population of more than 200,000
                    individuals.
                        ``(C) A unit of local government or a group of local
                    governments.
                        ``(D) A political subdivision of a State or local
                    government.
                        ``(E) A special purpose district or public authority
                    with a transportation function, including a port
                    authority.
                        ``(F) A Federal land management agency that applies
                    jointly with a State or group of States.
                        ``(G) A tribal government or a consortium of tribal
                    governments.
                        ``(H) A multistate or multijurisdictional group of
                    entities described in this paragraph.
                ``(2) Applications.--To be eligible for a grant under this
            section, an entity specified in paragraph (1) shall submit to
            the Secretary an application in such form, at such time, and
            containing such information as the Secretary determines is
            appropriate.

        ``(d) Eligible Projects.--
                ``(1) In general.--Except as provided in subsection (e), the
            Secretary may make a grant under this section only for a project
            that--
                        ``(A) is--
                              ``(i) a highway freight project carried out on
                          the National Highway Freight Network established
                          under section 167;
                              ``(ii) a highway or bridge project carried out
                          on the National Highway System, including--
                                        ``(I) a project to add capacity to
                                    the Interstate System to improve
                                    mobility; or
                                        ``(II) a project in a national
                                    scenic area;
                              ``(iii) a freight project that is--
                                        ``(I) a freight intermodal or
                                    freight rail project; or
                                        ``(II) within the boundaries of a
                                    public or private freight rail, water
                                    (including ports), or intermodal
                                    facility and that is a surface
                                    transportation infrastructure project
                                    necessary to facilitate direct
                                    intermodal interchange, transfer, or
                                    access into or out of the facility; or
                              ``(iv) a railway-highway grade crossing or
                          grade separation project; and
                        ``(B) has eligible project costs that are reasonably
                    anticipated to equal or exceed the lesser of--
                              ``(i) $100,000,000; or

    [[Page 129 STAT. 1334]]

                              ``(ii) in the case of a project--
                                        ``(I) located in 1 State, 30 percent
                                    of the amount apportioned under this
                                    chapter to the State in the most
                                    recently completed fiscal year; or
                                        ``(II) located in more than 1 State,
                                    50 percent of the amount apportioned
                                    under this chapter to the participating
                                    State with the largest apportionment
                                    under this chapter in the most recently
                                    completed fiscal year.
                ``(2) Limitation.--
                        ``(A) In general.--Not more than $500,000,000 of the
                    amounts made available for grants under this section for
                    fiscal years 2016 through 2020, in the aggregate, may be
                    used to make grants for projects described in paragraph
                    (1)(A)(iii) and such a project may only receive a grant
                    under this section if--
                              ``(i) the project will make a significant
                          improvement to freight movements on the National
                          Highway Freight Network; and
                              ``(ii) the Federal share of the project funds
                          only elements of the project that provide public
                          benefits.
                        ``(B) Exclusions.--The limitation under subparagraph
                    (A)--
                              ``(i) shall not apply to a railway-highway
                          grade crossing or grade separation project; and
                              ``(ii) with respect to a multimodal project,
                          shall apply only to the non-highway portion or
                          portions of the project.

        ``(e) Small Projects.--
                ``(1) In general.--The Secretary shall reserve 10 percent of
            the amounts made available for grants under this section each
            fiscal year to make grants for projects described in subsection
            (d)(1)(A) that do not satisfy the minimum threshold under
            subsection (d)(1)(B).
                ``(2) Grant amount.--Each grant made under this subsection
            shall be in an amount that is at least $5,000,000.
                ``(3) Project selection considerations.--In addition to
            other applicable requirements, in making grants under this
            subsection the Secretary shall consider--
                        ``(A) the cost effectiveness of the proposed
                    project; and
                        ``(B) the effect of the proposed project on mobility
                    in the State and region in which the project is carried
                    out.

        ``(f) Eligible Project Costs.--Grant amounts received for a project
    under this section may be used for--
                ``(1) development phase activities, including planning,
            feasibility analysis, revenue forecasting, environmental review,
            preliminary engineering and design work, and other
            preconstruction activities; and
                ``(2) construction, reconstruction, rehabilitation,
            acquisition of real property (including land related to the
            project and improvements to the land), environmental mitigation,
            construction contingencies, acquisition of equipment, and
            operational improvements directly related to improving system
            performance.

        ``(g) Project Requirements.--The Secretary may select a project
    described under this section (other than subsection (e))

    [[Page 129 STAT. 1335]]

    for funding under this section only if the Secretary determines that--
                ``(1) the project will generate national or regional
            economic, mobility, or safety benefits;
                ``(2) the project will be cost effective;
                ``(3) the project will contribute to the accomplishment of 1
            or more of the national goals described under section 150 of
            this title;
                ``(4) the project is based on the results of preliminary
            engineering;
                ``(5) with respect to related non-Federal financial
            commitments--
                        ``(A) 1 or more stable and dependable sources of
                    funding and financing are available to construct,
                    maintain, and operate the project; and
                        ``(B) contingency amounts are available to cover
                    unanticipated cost increases;
                ``(6) the project cannot be easily and efficiently completed
            without other Federal funding or financial assistance available
            to the project sponsor; and
                ``(7) the project is reasonably expected to begin
            construction not later than 18 months after the date of
            obligation of funds for the project.

        ``(h) Additional Considerations.--In making a grant under this
    section, the Secretary shall consider--
                ``(1) utilization of nontraditional financing, innovative
            design and construction techniques, or innovative technologies;
                ``(2) utilization of non-Federal contributions; and
                ``(3) contributions to geographic diversity among grant
            recipients, including the need for a balance between the needs
            of rural and urban communities.

        ``(i) Rural Areas.--
                ``(1) In general.--The Secretary shall reserve not less than
            25 percent of the amounts made available for grants under this
            section, including the amounts made available under subsection
            (e), each fiscal year to make grants for projects located in
            rural areas.
                ``(2) Excess funding.--In any fiscal year in which qualified
            applications for grants under this subsection will not allow for
            the amount reserved under paragraph (1) to be fully utilized,
            the Secretary shall use the unutilized amounts to make other
            grants under this section.
                ``(3) Rural area defined.--In this subsection, the term
            `rural area' means an area that is outside an urbanized area
            with a population of over 200,000.

        ``(j) Federal Share.--
                ``(1) In general.--The Federal share of the cost of a
            project assisted with a grant under this section may not exceed
            60 percent.
                ``(2) Maximum federal involvement.--Federal assistance other
            than a grant under this section may be used to satisfy the non-
            Federal share of the cost of a project for which such a grant is
            made, except that the total Federal assistance provided for a
            project receiving a grant under this section may not exceed 80
            percent of the total project cost.
                ``(3) Federal land management agencies.--Notwithstanding any
            other provision of law, any Federal funds other

    [[Page 129 STAT. 1336]]

            than those made available under this title or title 49 may be
            used to pay the non-Federal share of the cost of a project
            carried out under this section by a Federal land management
            agency, as described under subsection (c)(1)(F).

        ``(k) Treatment of Freight Projects.--Notwithstanding any other
    provision of law, a freight project carried out under this section shall
    be treated as if the project is located on a Federal-aid highway.
        ``(l) TIFIA Program.--At the request of an eligible applicant under
    this section, the Secretary may use amounts awarded to the entity to pay
    subsidy and administrative costs necessary to provide the entity Federal
    credit assistance under chapter 6 with respect to the project for which
    the grant was awarded.
        ``(m) Congressional Notification.--
                ``(1) Notification.--
                        ``(A) In general.--At least 60 days before making a
                    grant for a project under this section, the Secretary
                    shall notify, in writing, the Committee on
                    Transportation and Infrastructure of the House of
                    Representatives and the Committee on Environment and
                    Public Works of the Senate of the proposed grant. The
                    notification shall include an evaluation and
                    justification for the project and the amount of the
                    proposed grant award.
                        ``(B) Multimodal projects.--In addition to the
                    notice required under subparagraph (A), the Secretary
                    shall notify the Committee on Commerce, Science, and
                    Transportation of the Senate before making a grant for a
                    project described in subsection (d)(1)(A)(iii).
                ``(2) Congressional disapproval.--The Secretary may not make
            a grant or any other obligation or commitment to fund a project
            under this section if a joint resolution is enacted disapproving
            funding for the project before the last day of the 60-day period
            described in paragraph (1).

        ``(n) Reports.--
                ``(1) Annual report.--The Secretary shall make available on
            the Web site of the Department of Transportation at the end of
            each fiscal year an annual report that lists each project for
            which a grant has been provided under this section during that
            fiscal year.
                ``(2) Comptroller general.--
                        ``(A) Assessment.--The Comptroller General of the
                    United States shall conduct an assessment of the
                    administrative establishment, solicitation, selection,
                    and justification process with respect to the funding of
                    grants under this section.
                        ``(B) Report.--Not later than 1 year after the
                    initial awarding of grants under this section, the
                    Comptroller General shall submit to the Committee on
                    Environment and Public Works of the Senate, the
                    Committee on Commerce, Science, and Transportation of
                    the Senate, and the Committee on Transportation and
                    Infrastructure of the House of Representatives a report
                    that describes--
                              ``(i) the adequacy and fairness of the process
                          by which each project was selected, if applicable;
                          and
                              ``(ii) the justification and criteria used for
                          the selection of each project, if applicable.''.

    [[Page 129 STAT. 1337]]

        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, <<NOTE: 23 USC prec. 101.>>  is amended by inserting
    after the item relating to section 116 the following:

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

        (c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and
    the item relating to that section in the table of contents in section
    1(b) of such Act, are repealed.
    SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

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

        ``(j) Critical Infrastructure.--
                ``(1) Critical infrastructure defined.--In this subsection,
            the term `critical infrastructure' means those facilities the
            incapacity or failure of which would have a debilitating impact
            on national or regional economic security, national or regional
            energy security, national or regional public health or safety,
            or any combination of those matters.
                ``(2) Consideration.--The asset management plan of a State
            may include consideration of critical infrastructure from among
            those facilities in the State that are eligible under subsection
            (c).
                ``(3) Risk reduction.--A State may use funds apportioned
            under this section for projects intended to reduce the risk of
            failure of critical infrastructure in the State.''.
    SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.

        (a) Eligibility.--Section 125(d)(3) of title 23, United States Code,
    is amended--
                (1) in subparagraph (A) by striking ``or'' at the end;
                (2) in subparagraph (B) by striking the period at the end
            and inserting ``; or''; and
                (3) by adding at the end the following:
                        ``(C) projects eligible for assistance under this
                    section located on tribal transportation facilities,
                    Federal lands transportation facilities, or other
                    federally owned roads that are open to public travel (as
                    defined in subsection (e)(1)).''.

        (b) Definitions.--Section 125(e) of title 23, United States Code, is
    amended by striking paragraph (1) and inserting the following:

    [[Page 129 STAT. 1338]]

                ``(1) Definitions.--In this subsection, the following
            definitions apply:
                        ``(A) Open to public travel.--The term `open to
                    public travel' means, with respect to a road, that,
                    except during scheduled periods, extreme weather
                    conditions, or emergencies, the road--
                              ``(i) is maintained;
                              ``(ii) is open to the general public; and
                              ``(iii) can accommodate travel by a standard
                          passenger vehicle, without restrictive gates or
                          prohibitive signs or regulations, other than for
                          general traffic control or restrictions based on
                          size, weight, or class of registration.
                        ``(B) Standard passenger vehicle.--The term
                    `standard passenger vehicle' means a vehicle with 6
                    inches of clearance from the lowest point of the frame,
                    body, suspension, or differential to the ground.''.
    SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS.

        Section 130(e)(1) of title 23, United States Code, is amended to
    read as follows:
                ``(1) In general.--
                        ``(A) Set aside.--Before making an apportionment
                    under section 104(b)(3) for a fiscal year, the Secretary
                    shall set aside, from amounts made available to carry
                    out the highway safety improvement program under section
                    148 for such fiscal year, for the elimination of hazards
                    and the installation of protective devices at railway-
                    highway crossings at least--
                              ``(i) $225,000,000 for fiscal year 2016;
                              ``(ii) $230,000,000 for fiscal year 2017;
                              ``(iii) $235,000,000 for fiscal year 2018;
                              ``(iv) $240,000,000 for fiscal year 2019; and
                              ``(v) $245,000,000 for fiscal year 2020.
                        ``(B) Installation of protective devices.--At least
                    \1/2\ of the funds set aside each fiscal year under
                    subparagraph (A) shall be available for the installation
                    of protective devices at railway-highway crossings.
                        ``(C) Obligation availability.--Sums set aside each
                    fiscal year under subparagraph (A) shall be available
                    for obligation in the same manner as funds apportioned
                    under section 104(b)(1).''.
    SEC. 1109. <<NOTE: 23 USC 133 note.>>  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:

    [[Page 129 STAT. 1339]]

        ``(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.

    [[Page 129 STAT. 1340]]

                ``(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 FAST Act,
            including projects described under section 101(a)(29) as in
            effect on such day.

        ``(c) Location of Projects.--A surface transportation block grant
    project may not be undertaken on a road functionally classified as a
    local road or a rural minor collector unless the road was on a Federal-
    aid highway system on January 1, 1991, except--
                ``(1) for a bridge or tunnel project (other than the
            construction of a new bridge or tunnel at a new location);
                ``(2) for a project described in paragraphs (4) through (11)
            of subsection (b);
                ``(3) for a project described in section 101(a)(29), as in
            effect on the day before the date of enactment of the FAST Act;
            and
                ``(4) as approved by the Secretary.

        ``(d) Allocations of Apportioned Funds to Areas Based on
    Population.--
                ``(1) Calculation.--Of the funds apportioned to a State
            under section 104(b)(2) (after the reservation of funds under
            subsection (h))--
                        ``(A) the percentage specified in paragraph (6) for
                    a fiscal year shall be obligated under this section, in
                    proportion to their relative shares of the population of
                    the State--
                              ``(i) in urbanized areas of the State with an
                          urbanized area population of over 200,000;
                              ``(ii) in areas of the State other than urban
                          areas with a population greater than 5,000; and
                              ``(iii) in other areas of the State; and
                        ``(B) the remainder may be obligated in any area of
                    the State.
                ``(2) Metropolitan areas.--Funds attributed to an urbanized
            area under paragraph (1)(A)(i) may be obligated in the
            metropolitan area established under section 134 that encompasses
            the urbanized area.
                ``(3) Consultation with regional transportation planning
            organizations.--For purposes of paragraph (1)(A)(iii), before
            obligating funding attributed to an area with a population
            greater than 5,000 and less than 200,000, a State shall

    [[Page 129 STAT. 1341]]

            consult with the regional transportation planning organizations
            that represent the area, if any.
                ``(4) Distribution among urbanized areas of over 200,000
            population.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the amount of funds that a State is
                    required to obligate under paragraph (1)(A)(i) shall be
                    obligated in urbanized areas described in paragraph
                    (1)(A)(i) based on the relative population of the areas.
                        ``(B) Other factors.--The State may obligate the
                    funds described in subparagraph (A) based on other
                    factors if the State and the relevant metropolitan
                    planning organizations jointly apply to the Secretary
                    for the permission to base the obligation on other
                    factors and the Secretary grants the request.
                ``(5) Applicability of planning requirements.--Programming
            and expenditure of funds for projects under this section shall
            be consistent with sections 134 and 135.
                ``(6) Percentage.--The percentage referred to in paragraph
            (1)(A) is--
                        ``(A) for fiscal year 2016, 51 percent;
                        ``(B) for fiscal year 2017, 52 percent;
                        ``(C) for fiscal year 2018, 53 percent;
                        ``(D) for fiscal year 2019, 54 percent; and
                        ``(E) for fiscal year 2020, 55 percent.'';
                (2) by striking the section heading and inserting ``Surface
            transportation block grant program'';
                (3) by striking subsection (e);
                (4) by redesignating subsections (f) through (h) as
            subsections (e) through (g), respectively;
                (5) in subsection (e)(1), as redesignated by this
            subsection--
                        (A) by striking ``104(b)(3)'' and inserting
                    ``104(b)(2)''; and
                        (B) by striking ``fiscal years 2011 through 2014''
                    and inserting ``fiscal years 2016 through 2020'';
                (6) in subsection (g)(1), as redesignated by this
            subsection, by striking ``under subsection (d)(1)(A)(iii) for
            each of fiscal years 2013 through 2014'' and inserting ``under
            subsection (d)(1)(A)(ii) for each of fiscal years 2016 through
            2020''; and
                (7) by adding at the end the following:

        ``(h) STP Set-Aside.--
                ``(1) Reservation of funds.--Of the funds apportioned to a
            State under section 104(b)(2) for each fiscal year, the
            Secretary shall reserve an amount such that--
                        ``(A) the Secretary reserves a total under this
                    subsection of--
                              ``(i) $835,000,000 for each of fiscal years
                          2016 and 2017; and
                              ``(ii) $850,000,000 for each of fiscal years
                          2018 through 2020; and
                        ``(B) the State's share of that total is determined
                    by multiplying the amount under subparagraph (A) by the
                    ratio that--
                              ``(i) the amount apportioned to the State for
                          the transportation enhancements program for fiscal
                          year 2009 under section 133(d)(2), as in effect on
                          the day before the date of enactment of MAP-21;
                          bears to

    [[Page 129 STAT. 1342]]

                              ``(ii) the total amount of funds apportioned
                          to all States for the transportation enhancements
                          program for fiscal year 2009.
                ``(2) Allocation within a state.--Funds reserved for a State
            under paragraph (1) shall be obligated within that State in the
            manner described in subsection (d), except that, for purposes of
            this paragraph (after funds are made available under paragraph
            (5))--
                        ``(A) for each fiscal year, the percentage referred
                    to in paragraph (1)(A) of that subsection shall be
                    deemed to be 50 percent; and
                        ``(B) the following provisions shall not apply:
                              ``(i) Paragraph (3) of subsection (d).
                              ``(ii) Subsection (e).
                ``(3) Eligible projects.--Funds reserved under this
            subsection may be obligated for projects or activities described
            in section 101(a)(29) or 213, as such provisions were in effect
            on the day before the date of enactment of the FAST Act.
                ``(4) Access to funds.--
                        ``(A) In general.--A State or metropolitan planning
                    organization required to obligate funds in accordance
                    with paragraph (2) shall develop a competitive process
                    to allow eligible entities to submit projects for
                    funding that achieve the objectives of this subsection.
                    A metropolitan planning organization for an area
                    described in subsection (d)(1)(A)(i) shall select
                    projects under such process in consultation with the
                    relevant State.
                        ``(B) Eligible entity defined.--In this paragraph,
                    the term `eligible entity' means--
                              ``(i) a local government;
                              ``(ii) a regional transportation authority;
                              ``(iii) a transit agency;
                              ``(iv) a natural resource or public land
                          agency;
                              ``(v) a school district, local education
                          agency, or school;
                              ``(vi) a tribal government;
                              ``(vii) a nonprofit entity responsible for the
                          administration of local transportation safety
                          programs; and
                              ``(viii) any other local or regional
                          governmental entity with responsibility for or
                          oversight of transportation or recreational trails
                          (other than a metropolitan planning organization
                          or a State agency) that the State determines to be
                          eligible, consistent with the goals of this
                          subsection.
                ``(5) Continuation of certain recreational trails
            projects.--For each fiscal year, a State shall--
                        ``(A) obligate an amount of funds reserved under
                    this section equal to the amount of the funds
                    apportioned to the State for fiscal year 2009 under
                    section 104(h)(2), as in effect on the day before the
                    date of enactment of MAP-21, for projects relating to
                    recreational trails under section 206;
                        ``(B) return 1 percent of those funds to the
                    Secretary for the administration of that program; and
                        ``(C) comply with the provisions of the
                    administration of the recreational trails program under
                    section 206,

    [[Page 129 STAT. 1343]]

                    including the use of apportioned funds described in
                    subsection (d)(3)(A) of that section.
                ``(6) State flexibility.--
                        ``(A) Recreational trails.--A State may opt out of
                    the recreational trails program under paragraph (5) if
                    the Governor of the State notifies the Secretary not
                    later than 30 days prior to apportionments being made
                    for any fiscal year.
                        ``(B) Large urbanized areas.--A metropolitan
                    planning area may use not to exceed 50 percent of the
                    funds reserved under this subsection for an urbanized
                    area described in subsection (d)(1)(A)(i) for any
                    purpose eligible under subsection (b).
                ``(7) Annual reports.--
                        ``(A) In general.--Each State or metropolitan
                    planning organization responsible for carrying out the
                    requirements of this subsection shall submit to the
                    Secretary an annual report that describes--
                              ``(i) the number of project applications
                          received for each fiscal year, including--
                                        ``(I) the aggregate cost of the
                                    projects for which applications are
                                    received; and
                                        ``(II) the types of projects to be
                                    carried out, expressed as percentages of
                                    the total apportionment of the State
                                    under this subsection; and
                              ``(ii) the number of projects selected for
                          funding for each fiscal year, including the
                          aggregate cost and location of projects selected.
                        ``(B) Public availability.--The Secretary shall make
                    available to the public, in a user-friendly format on
                    the Web site of the Department of Transportation, a copy
                    of each annual report submitted under subparagraph (A).

        ``(i) Treatment of Projects.--Notwithstanding any other provision of
    law, projects funded under this section (excluding those carried out
    under subsection (h)(5)) shall be treated as projects on a Federal-aid
    highway under this chapter.''.
        (c) Technical and Conforming Amendments.--
                (1) Section 126.--Section 126(b)(2) of title 23, United
            States Code, is amended--
                        (A) by striking ``section 213'' and inserting
                    ``section 133(h)''; and
                        (B) by striking ``section 213(c)(1)(B)'' and
                    inserting ``section 133(h)''.
                (2) Section 213.--Section 213 of title 23, United States
            Code, is repealed.
                (3) Section 322.--Section 322(h)(3) of title 23, United
            States Code, is amended by striking ``surface transportation
            program'' and inserting ``surface transportation block grant
            program''.
                (4) Section 504.--Section 504(a)(4) of title 23, United
            States Code, is amended--
                        (A) by striking ``104(b)(3)'' and inserting
                    ``104(b)(2)''; and
                        (B) by striking ``surface transportation program''
                    and inserting ``surface transportation block grant
                    program''.
                (5) <<NOTE: 23 USC 108,140, 142,149,165.>>  Chapter 1.--
            Chapter 1 of title 23, United States Code, is amended by
            striking ``surface transportation program'' each

    [[Page 129 STAT. 1344]]

            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, <<NOTE: 23 USC prec. 101.>>  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 <<NOTE: 23 USC prec. 201.>>  repealed.
                (7) <<NOTE: 23 USC 133 note.>>  Other references.--Any
            reference in any other law, regulation, document, paper, or
            other record of the United States to the surface transportation
            program under section 133 of title 23, United States Code, shall
            be deemed to be a reference to the surface transportation block
            grant program under such section.
    SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

        Section 143(b) of title 23, United States Code, is amended--
                (1) by striking paragraph (2)(A) and inserting the
            following:
                        ``(A) In general.--From administrative funds made
                    available under section 104(a), the Secretary may deduct
                    such sums as are necessary, not to exceed $4,000,000 for
                    each of fiscal years 2016 through 2020, to carry out
                    this section.'';
                (2) in the heading for paragraph (8) by inserting ``block
            grant'' after ``surface transportation''; and
                (3) in paragraph (9) by inserting ``, the Committee on
            Transportation and Infrastructure of the House of
            Representatives, and the Committee on Environment and Public
            Works of the Senate'' after ``the Secretary''.
    SEC. 1111. BUNDLING OF BRIDGE PROJECTS.

        Section 144 of title 23, United States Code, is amended--
                (1) in subsection (c)(2)(A) by striking ``the natural
            condition of the bridge'' and inserting ``the natural condition
            of the water'';
                (2) by redesignating subsection (j) as subsection (k);
                (3) by inserting after subsection (i) the following:

        ``(j) Bundling of Bridge Projects.--
                ``(1) Purpose.--The purpose of this subsection is to save
            costs and time by encouraging States to bundle multiple bridge
            projects as 1 project.
                ``(2) Eligible entity defined.--In this subsection, the term
            `eligible entity' means an entity eligible to carry out a bridge
            project under section 119 or 133.
                ``(3) Bundling of bridge projects.--An eligible entity may
            bundle 2 or more similar bridge projects that are--
                        ``(A) eligible projects under section 119 or 133;
                        ``(B) included as a bundled project in a
                    transportation improvement program under section 134(j)
                    or a statewide transportation improvement program under
                    section 135, as applicable; and
                        ``(C) awarded to a single contractor or consultant
                    pursuant to a contract for engineering and design or
                    construction between the contractor and an eligible
                    entity.

    [[Page 129 STAT. 1345]]

                ``(4) Itemization.--Notwithstanding any other provision of
            law (including regulations), a bundling of bridge projects under
            this subsection may be listed as--
                        ``(A) 1 project for purposes of sections 134 and
                    135; and
                        ``(B) a single project.
                ``(5) Financial characteristics.--Projects bundled under
            this subsection shall have the same financial characteristics,
            including--
                        ``(A) the same funding category or subcategory; and
                        ``(B) the same Federal share.
                ``(6) Engineering cost reimbursement.--The provisions of
            section 102(b) do not apply to projects carried out under this
            subsection.''; and
                (4) in subsection (k)(2), as redesignated by paragraph (2)
            of this section, by striking ``104(b)(3)'' and inserting
            ``104(b)(2)''.
    SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
                              FACILITIES.

        (a) Construction of Ferry Boats and Ferry Terminal Facilities.--
    Section 147 of title 23, United States Code, is amended--
                (1) in subsection (a), in the subsection heading, by
            striking ``In General.--'' and inserting ``Program.--''; and
                (2) by striking subsections (d) through (g) and inserting
            the following:

        ``(d) Formula.--Of the amounts allocated under subsection (c)--
                ``(1) 35 percent shall be allocated among eligible entities
            in the proportion that--
                        ``(A) the number of ferry passengers, including
                    passengers in vehicles, carried by each ferry system in
                    the most recent calendar year for which data is
                    available; bears to
                        ``(B) the number of ferry passengers, including
                    passengers in vehicles, carried by all ferry systems in
                    the most recent calendar year for which data is
                    available;
                ``(2) 35 percent shall be allocated among eligible entities
            in the proportion that--
                        ``(A) the number of vehicles carried by each ferry
                    system in the most recent calendar year for which data
                    is available; bears to
                        ``(B) the number of vehicles carried by all ferry
                    systems in the most recent calendar year for which data
                    is available; and
                ``(3) 30 percent shall be allocated among eligible entities
            in the proportion that--
                        ``(A) the total route nautical miles serviced by
                    each ferry system in the most recent calendar year for
                    which data is available; bears to
                        ``(B) the total route nautical miles serviced by all
                    ferry systems in the most recent calendar year for which
                    data is available.

        ``(e) Redistribution of Unobligated Amounts.--The Secretary shall--
                ``(1) withdraw amounts allocated to an eligible entity under
            subsection (c) that remain unobligated by the end of the third

    [[Page 129 STAT. 1346]]

            fiscal year following the fiscal year for which the amounts were
            allocated; and
                ``(2) in the subsequent fiscal year, redistribute the
            amounts referred to in paragraph (1) in accordance with the
            formula under subsection (d) among eligible entities for which
            no amounts were withdrawn under paragraph (1).

        ``(f) Minimum Amount.--Notwithstanding subsection (c), a State with
    an eligible entity that meets the requirements of this section shall
    receive not less than $100,000 under this section for a fiscal year.
        ``(g) Implementation.--
                ``(1) Data collection.--
                        ``(A) National ferry database.--Amounts made
                    available for a fiscal year under this section shall be
                    allocated using the most recent data available, as
                    collected and imputed in accordance with the national
                    ferry database established under section 1801(e) of
                    SAFETEA-LU (23 U.S.C. 129 note).
                        ``(B) Eligibility for funding.--To be eligible to
                    receive funds under subsection (c), data shall have been
                    submitted in the most recent collection of data for the
                    national ferry database under section 1801(e) of
                    SAFETEA-LU (23 U.S.C. 129 note) for at least 1 ferry
                    service within the State.
                ``(2) Adjustments.--On review of the data submitted under
            paragraph (1)(B), the Secretary may make adjustments to the data
            as the Secretary determines necessary to correct misreported or
            inconsistent data.

        ``(h) Authorization of Appropriations.--There is authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account) to carry out this section $80,000,000 for each of fiscal years
    2016 through 2020.
        ``(i) Period of Availability.--Notwithstanding section 118(b), funds
    made available to carry out this section shall remain available until
    expended.
        ``(j) Applicability.--All provisions of this chapter that are
    applicable to the National Highway System, other than provisions
    relating to apportionment formula and Federal share, shall apply to
    funds made available to carry out this section, except as determined by
    the Secretary to be inconsistent with this section.''.
        (b) National Ferry Database.--Section 1801(e)(4) of SAFETEA-LU (23
    U.S.C. 129 note) is amended by striking subparagraph (D) and inserting
    the following:
                        ``(D) make available, from the amounts made
                    available for each fiscal year to carry out chapter 63
                    of title 49, not more than $500,000 to maintain the
                    database.''.

        (c) Conforming Amendments.--Section 129(c) of title 23, United
    States Code, is amended--
                (1) in paragraph (2), in the first sentence, by inserting
            ``or on a public transit ferry eligible under chapter 53 of
            title 49'' after ``Interstate System'';
                (2) in paragraph (3)--
                        (A) by striking ``(3) Such ferry'' and inserting
                    ``(3)(A) The ferry''; and
                        (B) by adding at the end the following:
                ``(B) Any Federal participation shall not involve the
            construction or purchase, for private ownership, of a ferry
            boat,

    [[Page 129 STAT. 1347]]

            ferry terminal facility, or other eligible project under this
            section.'';
                (3) in paragraph (4) by striking ``and repair,'' and
            inserting ``repair,''; and
                (4) by striking paragraph (6) and inserting the following:
                ``(6) The ferry service shall be maintained in accordance
            with section 116.
                ``(7)(A) No ferry boat or ferry terminal with Federal
            participation under this title may be sold, leased, or otherwise
            disposed of, except in accordance with part 200 of title 2, Code
            of Federal Regulations.
                ``(B) The Federal share of any proceeds from a disposition
            referred to in subparagraph (A) shall be used for eligible
            purposes under this title.''.
    SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

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

        ``(k) Data Collection on Unpaved Public Roads.--
                ``(1) In general.--A State may elect not to collect
            fundamental data elements for the model inventory of roadway
            elements on public roads that are gravel roads or otherwise
            unpaved if--
                        ``(A) the State does not use funds provided to carry
                    out this section for a project on any such roads until
                    the State completes a collection of the required model
                    inventory of roadway elements for the applicable road
                    segment; and
                        ``(B) the State demonstrates that the State
                    consulted with affected Indian tribes before ceasing to
                    collect data with respect to such roads that are
                    included in the National Tribal Transportation Facility
                    Inventory under section 202(b)(1) of this title.
                ``(2) Rule of construction.--Nothing in this subsection may
            be construed to allow a State to cease data collection related
            to serious injuries or fatalities.''.

    [[Page 129 STAT. 1348]]

        (b) Commercial Motor Vehicle Safety Best Practices.--
                (1) Review.--The Secretary shall conduct a review of best
            practices with respect to the implementation of roadway safety
            infrastructure improvements that--
                        (A) are cost effective; and
                        (B) reduce the number or severity of accidents
                    involving commercial motor vehicles.
                (2) Consultation.--In conducting the review under paragraph
            (1), the Secretary shall consult with State transportation
            departments and units of local government.
                (3) Report.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate a report describing the results of the
            review conducted under paragraph (1).
    SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
                              PROGRAM.

        Section 149 of title 23, United States Code, is amended--
                (1) in subsection (b)--
                        (A) in paragraph (1)(A)(i)(I) by inserting ``in the
                    designated nonattainment area'' after ``air quality
                    standard'';
                        (B) in paragraph (3) by inserting ``or maintenance''
                    after ``likely to contribute to the attainment'';
                        (C) in paragraph (4) by striking ``attainment of''
                    and inserting ``attainment or maintenance in the area
                    of'';
                        (D) in paragraph (7) by striking ``or'' at the end;
                        (E) in paragraph (8)--
                              (i) in subparagraph (A)(ii)--
                                        (I) in the matter preceding
                                    subclause (I) by inserting ``or port-
                                    related freight operations'' after
                                    ``construction projects''; and
                                        (II) in subclause (II) by inserting
                                    ``or chapter 53 of title 49'' after
                                    ``this title''; and
                              (ii) in subparagraph (B) by striking the
                          period at the end and inserting ``; or''; and
                        (F) by adding at the end the following:
                ``(9) if the project or program is for the installation of
            vehicle-to-infrastructure communication equipment.'';
                (2) in subsection (c)(2) by inserting ``(giving priority to
            corridors designated under section 151)'' after ``at any
            location in the State'';
                (3) in subsection (d)--
                        (A) by striking paragraph (1)(B) and inserting the
                    following:
                        ``(B) is eligible under the surface transportation
                    block grant program under section 133.'';
                        (B) in paragraph (2)--
                              (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i) by inserting ``would otherwise be
                                    eligible under subsection (b) if the
                                    project were carried out in a
                                    nonattainment or maintenance area or''
                                    after ``may use for any project that'';
                                    and
                                        (II) in clause (i) by striking
                                    ``paragraph (l)'' and inserting
                                    ``subsection (k)(1)''; and

    [[Page 129 STAT. 1349]]

                              (ii) in subparagraph (B)(i) by striking ``MAP-
                          21t'' and inserting ``MAP-21''; and
                        (C) in paragraph (3) by inserting ``, in a manner
                    consistent with the approach that was in effect on the
                    day before the date of enactment of MAP-21,'' after
                    ``the Secretary shall modify'';
                (4) in subsection (g)(2)(B) by striking ``not later that''
            and inserting ``not later than'';
                (5) in subsection (k) by adding at the end the following:
                ``(3) PM2.5 nonattainment and maintenance in low population
            density states.--
                        ``(A) Exception.--In any State with a population
                    density of 80 or fewer persons per square mile of land
                    area, based on the most recent decennial census, the
                    requirements under subsection (g)(3) and paragraphs (1)
                    and (2) of this subsection shall not apply to a
                    nonattainment or maintenance area in the State if--
                              ``(i) the nonattainment or maintenance area
                          does not have projects that are part of the
                          emissions analysis of a metropolitan
                          transportation plan or transportation improvement
                          program; and
                              ``(ii) regional motor vehicle emissions are an
                          insignificant contributor to the air quality
                          problem for PM2.5 in the nonattainment or
                          maintenance area.
                        ``(B) Calculation.--If subparagraph (A) applies to a
                    nonattainment or maintenance area in a State, the
                    percentage of the PM2.5 set-aside under paragraph (1)
                    shall be reduced for that State proportionately based on
                    the weighted population of the area in fine particulate
                    matter nonattainment.
                ``(4) Port-related equipment and vehicles.--To meet the
            requirements under paragraph (1), a State or metropolitan
            planning organization may elect to obligate funds to the most
            cost-effective projects to reduce emissions from port-related
            landside nonroad or on-road equipment that is operated within
            the boundaries of a PM2.5 nonattainment or maintenance area.'';
                (6) in subsection (l)(1)(B) by inserting ``air quality and
            traffic congestion'' before ``performance targets''; and
                (7) in subsection (m) by striking ``section 104(b)(2)'' and
            inserting ``section 104(b)(4)''.
    SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

        Section 165(a) of title 23, United States Code, is amended--
                (1) in paragraph (1) by striking ``$150,000,000'' and
            inserting ``$158,000,000''; and
                (2) in paragraph (2) by striking ``$40,000,000'' and
            inserting ``$42,000,000''.
    SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM.

        (a) In General.--Section 167 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 167. National highway freight program

        ``(a) In General.--
                ``(1) Policy.--It is the policy of the United States to
            improve the condition and performance of the National Highway
            Freight Network established under this section to ensure that

    [[Page 129 STAT. 1350]]

            the Network provides the foundation for the United States to
            compete in the global economy and achieve the goals described in
            subsection (b).
                ``(2) Establishment.--In support of the goals described in
            subsection (b), the Administrator of the Federal Highway
            Administration shall establish a national highway freight
            program in accordance with this section to improve the efficient
            movement of freight on the National Highway Freight Network.

        ``(b) Goals.--The goals of the national highway freight program
    are--
                ``(1) to invest in infrastructure improvements and to
            implement operational improvements on the highways of the United
            States that--
                        ``(A) strengthen the contribution of the National
                    Highway Freight Network to the economic competitiveness
                    of the United States;
                        ``(B) reduce congestion and bottlenecks on the
                    National Highway Freight Network;
                        ``(C) reduce the cost of freight transportation;
                        ``(D) improve the year-round reliability of freight
                    transportation; and
                        ``(E) increase productivity, particularly for
                    domestic industries and businesses that create high-
                    value jobs;
                ``(2) to improve the safety, security, efficiency, and
            resiliency of freight transportation in rural and urban areas;
                ``(3) to improve the state of good repair of the National
            Highway Freight Network;
                ``(4) to use innovation and advanced technology to improve
            the safety, efficiency, and reliability of the National Highway
            Freight Network;
                ``(5) to improve the efficiency and productivity of the
            National Highway Freight Network;
                ``(6) to improve the flexibility of States to support multi-
            State corridor planning and the creation of multi-State
            organizations to increase the ability of States to address
            highway freight connectivity; and
                ``(7) to reduce the environmental impacts of freight
            movement on the National Highway Freight Network.

        ``(c) Establishment of National Highway Freight Network.--
                ``(1) In general.--The Administrator shall establish a
            National Highway Freight Network in accordance with this section
            to strategically direct Federal resources and policies toward
            improved performance of the Network.
                ``(2) Network components.--The National Highway Freight
            Network shall consist of--
                        ``(A) the primary highway freight system, as
                    designated under subsection (d);
                        ``(B) critical rural freight corridors established
                    under subsection (e);
                        ``(C) critical urban freight corridors established
                    under subsection (f); and
                        ``(D) the portions of the Interstate System not
                    designated as part of the primary highway freight
                    system.

        ``(d) Designation and Redesignation of the Primary Highway Freight
    System.--

    [[Page 129 STAT. 1351]]

                ``(1) Initial designation of primary highway freight
            system.--The initial designation of the primary highway freight
            system shall be the 41,518-mile network identified during the
            designation process for the primary freight network under
            section 167(d) of this title, as in effect on the day before the
            date of enactment of the FAST Act.
                ``(2) Redesignation of primary highway freight system.--
                        ``(A) In general.--Beginning 5 years after the date
                    of enactment of the FAST Act, and every 5 years
                    thereafter, using the designation factors described in
                    subparagraph (E), the Administrator shall redesignate
                    the primary highway freight system.
                        ``(B) Redesignation mileage.--Each redesignation may
                    increase the mileage on the primary highway freight
                    system by not more than 3 percent of the total mileage
                    of the system.
                        ``(C) Use of measurable data.--In redesignating the
                    primary highway freight system, to the maximum extent
                    practicable, the Administrator shall use measurable data
                    to assess the significance of goods movement, including
                    consideration of points of origin, destinations, and
                    linking components of the United States global and
                    domestic supply chains.
                        ``(D) Input.--In redesignating the primary highway
                    freight system, the Administrator shall provide an
                    opportunity for State freight advisory committees, as
                    applicable, to submit additional miles for
                    consideration.
                        ``(E) Factors for redesignation.--In redesignating
                    the primary highway freight system, the Administrator
                    shall consider--
                              ``(i) changes in the origins and destinations
                          of freight movement in, to, and from the United
                          States;
                              ``(ii) changes in the percentage of annual
                          daily truck traffic in the annual average daily
                          traffic on principal arterials;
                              ``(iii) changes in the location of key
                          facilities;
                              ``(iv) land and water ports of entry;
                              ``(v) access to energy exploration,
                          development, installation, or production areas;
                              ``(vi) access to other freight intermodal
                          facilities, including rail, air, water, and
                          pipelines facilities;
                              ``(vii) the total freight tonnage and value
                          moved via highways;
                              ``(viii) significant freight bottlenecks, as
                          identified by the Administrator;
                              ``(ix) the significance of goods movement on
                          principal arterials, including consideration of
                          global and domestic supply chains;
                              ``(x) critical emerging freight corridors and
                          critical commerce corridors; and
                              ``(xi) network connectivity.

        ``(e) Critical Rural Freight Corridors.--
                ``(1) In general.--A State may designate a public road
            within the borders of the State as a critical rural freight
            corridor if the public road is not in an urbanized area and--

    [[Page 129 STAT. 1352]]

                        ``(A) is a rural principal arterial roadway and has
                    a minimum of 25 percent of the annual average daily
                    traffic of the road measured in passenger vehicle
                    equivalent units from trucks (Federal Highway
                    Administration vehicle class 8 to 13);
                        ``(B) provides access to energy exploration,
                    development, installation, or production areas;
                        ``(C) connects the primary highway freight system, a
                    roadway described in subparagraph (A) or (B), or the
                    Interstate System to facilities that handle more than--
                              ``(i) 50,000 20-foot equivalent units per
                          year; or
                              ``(ii) 500,000 tons per year of bulk
                          commodities;
                        ``(D) provides access to--
                              ``(i) a grain elevator;
                              ``(ii) an agricultural facility;
                              ``(iii) a mining facility;
                              ``(iv) a forestry facility; or
                              ``(v) an intermodal facility;
                        ``(E) connects to an international port of entry;
                        ``(F) provides access to significant air, rail,
                    water, or other freight facilities in the State; or
                        ``(G) is, in the determination of the State, vital
                    to improving the efficient movement of freight of
                    importance to the economy of the State.
                ``(2) Limitation.--A State may designate as critical rural
            freight corridors a maximum of 150 miles of highway or 20
            percent of the primary highway freight system mileage in the
            State, whichever is greater.

        ``(f) Critical Urban Freight Corridors.--
                ``(1) Urbanized area with population of 500,000 or more.--In
            an urbanized area with a population of 500,000 or more
            individuals, the representative metropolitan planning
            organization, in consultation with the State, may designate a
            public road within the borders of that area of the State as a
            critical urban freight corridor.
                ``(2) Urbanized area with a population less than 500,000.--
            In an urbanized area with a population of less than 500,000
            individuals, the State, in consultation with the representative
            metropolitan planning organization, may designate a public road
            within the borders of that area of the State as a critical urban
            freight corridor.
                ``(3) Requirements for designation.--A designation may be
            made under paragraph (1) or (2) if the public road--
                        ``(A) is in an urbanized area, regardless of
                    population; and
                        ``(B)(i) connects an intermodal facility to--
                              ``(I) the primary highway freight system;
                              ``(II) the Interstate System; or
                              ``(III) an intermodal freight facility;
                        ``(ii) is located within a corridor of a route on
                    the primary highway freight system and provides an
                    alternative highway option important to goods movement;
                        ``(iii) serves a major freight generator, logistic
                    center, or manufacturing and warehouse industrial land;
                    or
                        ``(iv) is important to the movement of freight
                    within the region, as determined by the metropolitan
                    planning organization or the State.

    [[Page 129 STAT. 1353]]

                ``(4) Limitation.--For each State, a maximum of 75 miles of
            highway or 10 percent of the primary highway freight system
            mileage in the State, whichever is greater, may be designated as
            a critical urban freight corridor under paragraphs (1) and (2).

        ``(g) Designation and Certification.--
                ``(1) Designation.--States and metropolitan planning
            organizations may designate corridors under subsections (e) and
            (f) and submit the designated corridors to the Administrator on
            a rolling basis.
                ``(2) Certification.--Each State or metropolitan planning
            organization that designates a corridor under subsection (e) or
            (f) shall certify to the Administrator that the designated
            corridor meets the requirements of the applicable subsection.

        ``(h) Highway Freight Transportation Conditions and Performance
    Reports.--Not later than 2 years after the date of enactment of the FAST
    Act, and biennially thereafter, the Administrator shall prepare and
    submit to Congress a report that describes the conditions and
    performance of the National Highway Freight Network in the United
    States.
        ``(i) Use of Apportioned Funds.--
                ``(1) In general.--A State shall obligate funds apportioned
            to the State under section 104(b)(5) to improve the movement of
            freight on the National Highway Freight Network.
                ``(2) Formula.--The Administrator shall calculate for each
            State the proportion that--
                        ``(A) the total mileage in the State designated as
                    part of the primary highway freight system; bears to
                        ``(B) the total mileage of the primary highway
                    freight system in all States.
                ``(3) Use of funds.--
                        ``(A) States with high primary highway freight
                    system mileage.--If the proportion of a State under
                    paragraph (2) is greater than or equal to 2 percent, the
                    State may obligate funds apportioned to the State under
                    section 104(b)(5) for projects on--
                              ``(i) the primary highway freight system;
                              ``(ii) critical rural freight corridors; and
                              ``(iii) critical urban freight corridors.
                        ``(B) States with low primary highway freight system
                    mileage.--If the proportion of a State under paragraph
                    (2) is less than 2 percent, the State may obligate funds
                    apportioned to the State under section 104(b)(5) for
                    projects on any component of the National Highway
                    Freight Network.
                ``(4) Freight planning.--Notwithstanding any other provision
            of law, effective beginning 2 years after the date of enactment
            of the FAST Act, a State may not obligate funds apportioned to
            the State under section 104(b)(5) unless the State has developed
            a freight plan in accordance with section 70202 of title 49,
            except that the multimodal component of the plan may be
            incomplete before an obligation may be made under this section.
                ``(5) Eligibility.--
                        ``(A) In general.--Except as provided in this
                    subsection, for a project to be eligible for funding
                    under this section the project shall--

    [[Page 129 STAT. 1354]]

                              ``(i) contribute to the efficient movement of
                          freight on the National Highway Freight Network;
                          and
                              ``(ii) be identified in a freight investment
                          plan included in a freight plan of the State that
                          is in effect.
                        ``(B) Other projects.--For each fiscal year, a State
                    may obligate not more than 10 percent of the total
                    apportionment of the State under section 104(b)(5) for
                    freight intermodal or freight rail projects, including
                    projects--
                              ``(i) within the boundaries of public or
                          private freight rail or water facilities
                          (including ports); and
                              ``(ii) that provide surface transportation
                          infrastructure necessary to facilitate direct
                          intermodal interchange, transfer, and access into
                          or out of the facility.
                        ``(C) Eligible projects.--Funds apportioned to the
                    State under section 104(b)(5) for the national highway
                    freight program may be obligated to carry out 1 or more
                    of the following:
                              ``(i) Development phase activities, including
                          planning, feasibility analysis, revenue
                          forecasting, environmental review, preliminary
                          engineering and design work, and other
                          preconstruction activities.
                              ``(ii) Construction, reconstruction,
                          rehabilitation, acquisition of real property
                          (including land relating to the project and
                          improvements to land), construction contingencies,
                          acquisition of equipment, and operational
                          improvements directly relating to improving system
                          performance.
                              ``(iii) Intelligent transportation systems and
                          other technology to improve the flow of freight,
                          including intelligent freight transportation
                          systems.
                              ``(iv) Efforts to reduce the environmental
                          impacts of freight movement.
                              ``(v) Environmental and community mitigation
                          for freight movement.
                              ``(vi) Railway-highway grade separation.
                              ``(vii) Geometric improvements to interchanges
                          and ramps.
                              ``(viii) Truck-only lanes.
                              ``(ix) Climbing and runaway truck lanes.
                              ``(x) Adding or widening of shoulders.
                              ``(xi) Truck parking facilities eligible for
                          funding under section 1401 of MAP-21 (23 U.S.C.
                          137 note).
                              ``(xii) Real-time traffic, truck parking,
                          roadway condition, and multimodal transportation
                          information systems.
                              ``(xiii) Electronic screening and
                          credentialing systems for vehicles, including
                          weigh-in-motion truck inspection technologies.
                              ``(xiv) Traffic signal optimization, including
                          synchronized and adaptive signals.
                              ``(xv) Work zone management and information
                          systems.
                              ``(xvi) Highway ramp metering.
                              ``(xvii) Electronic cargo and border security
                          technologies that improve truck freight movement.

    [[Page 129 STAT. 1355]]

                              ``(xviii) Intelligent transportation systems
                          that would increase truck freight efficiencies
                          inside the boundaries of intermodal facilities.
                              ``(xix) Additional road capacity to address
                          highway freight bottlenecks.
                              ``(xx) Physical separation of passenger
                          vehicles from commercial motor freight.
                              ``(xxi) Enhancement of the resiliency of
                          critical highway infrastructure, including highway
                          infrastructure that supports national energy
                          security, to improve the flow of freight.
                              ``(xxii) A highway or bridge project, other
                          than a project described in clauses (i) through
                          (xxi), to improve the flow of freight on the
                          National Highway Freight Network.
                              ``(xxiii) Any other surface transportation
                          project to improve the flow of freight into and
                          out of a facility described in subparagraph (B).
                ``(6) Other eligible costs.--In addition to the eligible
            projects identified in paragraph (5), a State may use funds
            apportioned under section 104(b)(5) for--
                        ``(A) carrying out diesel retrofit or alternative
                    fuel projects under section 149 for class 8 vehicles;
                    and
                        ``(B) the necessary costs of--
                              ``(i) conducting analyses and data collection
                          related to the national highway freight program;
                              ``(ii) developing and updating performance
                          targets to carry out this section; and
                              ``(iii) reporting to the Administrator to
                          comply with the freight performance target under
                          section 150.
                ``(7) Applicability of planning requirements.--Programming
            and expenditure of funds for projects under this section shall
            be consistent with the requirements of sections 134 and 135.

        ``(j) State Performance Targets.--If the Administrator determines
    that a State has not met or made significant progress toward meeting the
    performance targets related to freight movement of the State established
    under section 150(d) by the date that is 2 years after the date of the
    establishment of the performance targets, the State shall include in the
    next report submitted under section 150(e) a description of the actions
    the State will undertake to achieve the targets, including--
                ``(1) an identification of significant freight system
            trends, needs, and issues within the State;
                ``(2) a description of the freight policies and strategies
            that will guide the freight-related transportation investments
            of the State;
                ``(3) an inventory of freight bottlenecks within the State
            and a description of the ways in which the State is allocating
            national highway freight program funds to improve those
            bottlenecks; and
                ``(4) a description of the actions the State will undertake
            to meet the performance targets of the State.

        ``(k) Intelligent Freight Transportation System.--
                ``(1) Definition of intelligent freight transportation
            system.--In this section, the term `intelligent freight
            transportation system' means--

    [[Page 129 STAT. 1356]]

                        ``(A) innovative or intelligent technological
                    transportation systems, infrastructure, or facilities,
                    including elevated freight transportation facilities--
                              ``(i) in proximity to, or within, an existing
                          right of way on a Federal-aid highway; or
                              ``(ii) that connect land ports-of entry to
                          existing Federal-aid highways; or
                        ``(B) communications or information processing
                    systems that improve the efficiency, security, or safety
                    of freight movements on the Federal-aid highway system,
                    including to improve the conveyance of freight on
                    dedicated intelligent freight lanes.
                ``(2) Operating standards.--The Administrator shall
            determine whether there is a need for establishing operating
            standards for intelligent freight transportation systems.

        ``(l) Treatment of Freight Projects.--Notwithstanding any other
    provision of law, a freight project carried out under this section shall
    be treated as if the project were on a Federal-aid highway.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, <<NOTE: 23 USC prec. 101.>>  is amended by striking
    the item relating to section 167 and inserting the following:

    ``167. National highway freight program.''.

        (c) Repeals.--Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C. 167
    note), and the items relating to such sections in the table of contents
    in section 1(c) of such Act, are repealed.
    SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

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

        (b) Report on Tribal Government Transportation Safety Data.--
                (1) Findings.--Congress finds that--
                        (A) in many States, the Native American population
                    is disproportionately represented in fatalities and
                    crash statistics;

    [[Page 129 STAT. 1357]]

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

    [[Page 129 STAT. 1358]]

                        (D) Additional budgetary resources.--The Secretary
                    shall include in the report the identification of
                    Federal transportation funds provided to Indian tribes
                    by agencies in addition to the Department and the
                    Department of the Interior.

        (c) Study on Bureau of Indian Affairs Road Safety.--Not later than 2
    years after the date of enactment of this Act, the Secretary, in
    consultation with the Secretary of Interior, the Attorney General,
    States, and Indian tribes shall--
                (1) complete a study that identifies and evaluates options
            for improving safety on public roads on Indian reservations; and
                (2) submit to the Committee on Environment and Public Works
            and the Committee on Indian Affairs of the Senate and the
            Committee on Transportation and Infrastructure and the Committee
            on Natural Resources of the House of Representatives a report
            describing the results of the study.
    SEC. 1118. TRIBAL TRANSPORTATION PROGRAM AMENDMENT.

        Section 202 of title 23, United States Code, is amended--
                (1) in subsection (a)(6) by striking ``6 percent'' and
            inserting ``5 percent''; and
                (2) in subsection (d)(2) in the matter preceding
            subparagraph (A) by striking ``2 percent'' and inserting ``3
            percent''.
    SEC. 1119. FEDERAL LANDS TRANSPORTATION PROGRAM.

        Section 203 of title 23, United States Code, is amended--
                (1) in subsection (a)(1)--
                        (A) in subparagraph (B) by striking ``operation''
                    and inserting ``capital, operations,''; and
                        (B) in subparagraph (D) by striking ``subparagraph
                    (A)(iv)'' and inserting ``subparagraph (A)(iv)(I)'';
                (2) in subsection (b)--
                        (A) in paragraph (1)(B)--
                              (i) in clause (iv) by striking ``and'' at the
                          end;
                              (ii) in clause (v) by striking the period at
                          the end and inserting a semicolon; and
                              (iii) by adding at the end the following:
                              ``(vi) the Bureau of Reclamation; and
                              ``(vii) independent Federal agencies with
                          natural resource and land management
                          responsibilities.''; and
                        (B) in paragraph (2)(B)--
                              (i) in the matter preceding clause (i) by
                          inserting ``performance management, including''
                          after ``support''; and
                              (ii) in clause (i)(II) by striking ``, and''
                          and inserting ``; and''; and
                (3) in subsection (c)(2)(B) by adding at the end the
            following:
                              ``(vi) The Bureau of Reclamation.''.
    SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.

        Section 201(c) of title 23, United States Code, is amended--
                (1) in paragraph (6)(A)--
                        (A) by redesignating clauses (i) and (ii) as
                    subclauses (I) and (II), respectively (and by moving the
                    subclauses 2 ems to the right);

    [[Page 129 STAT. 1359]]

                        (B) in the matter preceding subclause (I) (as so
                    redesignated), by striking ``The Secretaries'' and
                    inserting the following:
                              ``(i) In general.--The Secretaries'';
                        (C) by inserting a period after ``tribal
                    transportation program''; and
                        (D) by striking ``in accordance with'' and all that
                    follows through ``including--'' and inserting the
                    following:
                              ``(ii) Requirement.--Data collected to
                          implement the tribal transportation program shall
                          be in accordance with the Indian Self-
                          Determination and Education Assistance Act (25
                          U.S.C. 450 et seq.).
                              ``(iii) Inclusions.--Data collected under this
                          paragraph includes--''; and
                (2) by striking paragraph (7) and inserting the following--
                ``(7) Cooperative research and technology deployment.--The
            Secretary may conduct cooperative research and technology
            deployment in coordination with Federal land management
            agencies, as determined appropriate by the Secretary.
                ``(8) Funding.--
                        ``(A) In general.--To carry out the activities
                    described in this subsection for Federal lands
                    transportation facilities, Federal lands access
                    transportation facilities, and other federally owned
                    roads open to public travel (as that term is defined in
                    section 125(e)), the Secretary shall for each fiscal
                    year combine and use not greater than 5 percent of the
                    funds authorized for programs under sections 203 and
                    204.
                        ``(B) Other activities.--In addition to the
                    activities described in subparagraph (A), funds
                    described under that subparagraph may be used for--
                              ``(i) bridge inspections on any federally
                          owned bridge even if that bridge is not included
                          on the inventory described under section 203; and
                              ``(ii) transportation planning activities
                          carried out by Federal land management agencies
                          eligible for funding under this chapter.''.
    SEC. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.

        (a) In General.--Chapter 2 of title 23, United States Code, is
    amended by inserting after section 206 the following:
    ``Sec. 207. <<NOTE: 23 USC 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.

    [[Page 129 STAT. 1360]]

                ``(2) Criteria for determining financial stability and
            financial management capacity.--For the purposes of paragraph
            (1), evidence that, during the preceding 3 fiscal years, an
            Indian tribe had no uncorrected significant and material audit
            exceptions in the required annual audit of the Indian tribe's
            self-determination contracts or self-governance funding
            agreements with any Federal agency shall be conclusive evidence
            of the required financial stability and financial management
            capability.
                ``(3) Criteria for determining transportation program
            management capability.--The Secretary shall require an Indian
            tribe to demonstrate transportation program management
            capability, including the capability to manage and complete
            projects eligible under this title and projects eligible under
            chapter 53 of title 49, to gain eligibility for the program.

        ``(c) Compacts.--
                ``(1) Compact required.--Upon the request of an eligible
            Indian tribe, and subject to the requirements of this section,
            the Secretary shall negotiate and enter into a written compact
            with the Indian tribe for the purpose of providing for the
            participation of the Indian tribe in the program.
                ``(2) Contents.--A compact entered into under paragraph (1)
            shall set forth the general terms of the government-to-
            government relationship between the Indian tribe and the United
            States under the program and other terms that will continue to
            apply in future fiscal years.
                ``(3) Amendments.--A compact entered into with an Indian
            tribe under paragraph (1) may be amended only by mutual
            agreement of the Indian tribe and the Secretary.

        ``(d) Annual Funding Agreements.--
                ``(1) Funding agreement required.--After entering into a
            compact with an Indian tribe under subsection (c), the Secretary
            shall negotiate and enter into a written annual funding
            agreement with the Indian tribe.
                ``(2) Contents.--
                        ``(A) In general.--
                              ``(i) Formula funding and discretionary
                          grants.--A funding agreement entered into with an
                          Indian tribe shall authorize the Indian tribe, as
                          determined by the Indian tribe, to plan, conduct,
                          consolidate, administer, and receive full tribal
                          share funding, tribal transit formula funding, and
                          funding to tribes from discretionary and
                          competitive grants administered by the Department
                          for all programs, services, functions, and
                          activities (or portions thereof) that are made
                          available to Indian tribes to carry out tribal
                          transportation programs and programs, services,
                          functions, and activities (or portions thereof)
                          administered by the Secretary that are otherwise
                          available to Indian tribes.
                              ``(ii) Transfers of state funds.--
                                        ``(I) Inclusion of transferred funds
                                    in funding agreement.--A funding
                                    agreement entered into with an Indian
                                    tribe shall include Federal-aid funds
                                    apportioned to a State under chapter 1
                                    if the State elects to provide a portion
                                    of such funds to the Indian tribe for a
                                    project eligible under section 202(a).
                                    The provisions of this

    [[Page 129 STAT. 1361]]

                                    section shall be in addition to the
                                    methods for making funding contributions
                                    described in section 202(a)(9). Nothing
                                    in this section shall diminish the
                                    authority of the Secretary to provide
                                    funds to an Indian tribe under section
                                    202(a)(9).
                                        ``(II) Method for transfers.--If a
                                    State elects to provide funds described
                                    in subclause (I) to an Indian tribe--
                                                ``(aa) the transfer may
                                            occur in accordance with section
                                            202(a)(9); or
                                                ``(bb) the State shall
                                            transfer the funds back to the
                                            Secretary and the Secretary
                                            shall transfer the funds to the
                                            Indian tribe in accordance with
                                            this section.
                                        ``(III) Responsibility for
                                    transferred funds.--Notwithstanding any
                                    other provision of law, if a State
                                    provides funds described in subclause
                                    (I) to an Indian tribe--
                                                ``(aa) the State shall not
                                            be responsible for constructing
                                            or maintaining a project carried
                                            out using the funds or for
                                            administering or supervising the
                                            project or funds during the
                                            applicable statute of
                                            limitations period related to
                                            the construction of the project;
                                            and
                                                ``(bb) the Indian tribe
                                            shall be responsible for
                                            constructing and maintaining a
                                            project carried out using the
                                            funds and for administering and
                                            supervising the project and
                                            funds in accordance with this
                                            section during the applicable
                                            statute of limitations period
                                            related to the construction of
                                            the project.
                        ``(B) Administration of tribal shares.--The tribal
                    shares referred to in subparagraph (A) shall be provided
                    without regard to the agency or office of the Department
                    within which the program, service, function, or activity
                    (or portion thereof) is performed.
                        ``(C) Flexible and innovative financing.--
                              ``(i) In general.--A funding agreement entered
                          into with an Indian tribe under paragraph (1)
                          shall include provisions pertaining to flexible
                          and innovative financing if agreed upon by the
                          parties.
                              ``(ii) Terms and conditions.--
                                        ``(I) Authority to issue
                                    regulations.--The Secretary may issue
                                    regulations to establish the terms and
                                    conditions relating to the flexible and
                                    innovative financing provisions referred
                                    to in clause (i).
                                        ``(II) Terms and conditions in
                                    absence of regulations.--If the
                                    Secretary does not issue regulations
                                    under subclause (I), the terms and
                                    conditions relating to the flexible and
                                    innovative financing provisions referred
                                    to in clause (i) shall be consistent
                                    with--
                                                ``(aa) agreements entered
                                            into by the Department under--
                                                    ``(AA) section
                                                202(b)(7); and

    [[Page 129 STAT. 1362]]

                                                    ``(BB) section
                                                202(d)(5), as in effect
                                                before the date of enactment
                                                of MAP-21 (Public Law 112-
                                                141); or
                                                ``(bb) regulations of the
                                            Department of the Interior
                                            relating to flexible financing
                                            contained in part 170 of title
                                            25, Code of Federal Regulations,
                                            as in effect on the date of
                                            enactment of the FAST Act.
                ``(3) Terms.--A funding agreement shall set forth--
                        ``(A) terms that generally identify the programs,
                    services, functions, and activities (or portions
                    thereof) to be performed or administered by the Indian
                    tribe; and
                        ``(B) for items identified in subparagraph (A)--
                              ``(i) the general budget category assigned;
                              ``(ii) the funds to be provided, including
                          those funds to be provided on a recurring basis;
                              ``(iii) the time and method of transfer of the
                          funds;
                              ``(iv) the responsibilities of the Secretary
                          and the Indian tribe; and
                              ``(v) any other provision agreed to by the
                          Indian tribe and the Secretary.
                ``(4) Subsequent funding agreements.--
                        ``(A) Applicability of existing agreement.--Absent
                    notification from an Indian tribe that the Indian tribe
                    is withdrawing from or retroceding the operation of 1 or
                    more programs, services, functions, or activities (or
                    portions thereof) identified in a funding agreement, or
                    unless otherwise agreed to by the parties, each funding
                    agreement shall remain in full force and effect until a
                    subsequent funding agreement is executed.
                        ``(B) Effective date of subsequent agreement.--The
                    terms of the subsequent funding agreement shall be
                    retroactive to the end of the term of the preceding
                    funding agreement.
                ``(5) Consent of indian tribe required.--The Secretary shall
            not revise, amend, or require additional terms in a new or
            subsequent funding agreement without the consent of the Indian
            tribe that is subject to the agreement unless such terms are
            required by Federal law.

        ``(e) General Provisions.--
                ``(1) Redesign and consolidation.--
                        ``(A) In general.--An Indian tribe, in any manner
                    that the Indian tribe considers to be in the best
                    interest of the Indian community being served, may--
                              ``(i) redesign or consolidate programs,
                          services, functions, and activities (or portions
                          thereof) included in a funding agreement; and
                              ``(ii) reallocate or redirect funds for such
                          programs, services, functions, and activities (or
                          portions thereof), if the funds are--
                                        ``(I) expended on projects
                                    identified in a transportation
                                    improvement program approved by the
                                    Secretary; and
                                        ``(II) used in accordance with the
                                    requirements in--
                                                ``(aa) appropriations Acts;

    [[Page 129 STAT. 1363]]

                                                ``(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

    [[Page 129 STAT. 1364]]

                    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

    [[Page 129 STAT. 1365]]

                                        ``(II) the jeopardy arises out of a
                                    failure to carry out the compact or
                                    funding agreement.
                              ``(ii) Hearings.--If the Secretary terminates
                          a compact or funding agreement (or portion
                          thereof) under clause (i), the Secretary shall
                          provide the Indian tribe subject to the compact or
                          agreement with a hearing on the record not later
                          than 10 days after the date of such termination.
                        ``(E) Burden of proof.--In any hearing or appeal
                    involving a decision to terminate a compact or funding
                    agreement (or portion thereof) under this paragraph, the
                    Secretary shall have the burden of proof in
                    demonstrating by clear and convincing evidence the
                    validity of the grounds for the termination.

        ``(g) Cost Principles.--In administering funds received under this
    section, an Indian tribe shall apply cost principles under the
    applicable Office of Management and Budget circular, except as modified
    by section 106 of the Indian Self-Determination and Education Assistance
    Act (25 U.S.C. 450j-1), other provisions of law, or by any exemptions to
    applicable Office of Management and Budget circulars subsequently
    granted by the Office of Management and Budget. No other audit or
    accounting standards shall be required by the Secretary. Any claim by
    the Federal Government against the Indian tribe relating to funds
    received under a funding agreement based on any audit conducted pursuant
    to this subsection shall be subject to the provisions of section 106(f)
    of that Act (25 U.S.C. 450j-1(f)).
        ``(h) Transfer of Funds.--The Secretary shall provide funds to an
    Indian tribe under a funding agreement in an amount equal to--
                ``(1) the sum of the funding that the Indian tribe would
            otherwise receive for the program, function, service, or
            activity in accordance with a funding formula or other
            allocation method established under this title or chapter 53 of
            title 49; and
                ``(2) such additional amounts as the Secretary determines
            equal the amounts that would have been withheld for the costs of
            the Bureau of Indian Affairs for administration of the program
            or project.

        ``(i) Construction Programs.--
                ``(1) Standards.--Construction projects carried out under
            programs administered by an Indian tribe with funds transferred
            to the Indian tribe pursuant to a funding agreement entered into
            under this section shall be constructed pursuant to the
            construction program standards set forth in applicable
            regulations or as specifically approved by the Secretary (or the
            Secretary's designee).
                ``(2) Monitoring.--Construction programs shall be monitored
            by the Secretary in accordance with applicable regulations.

        ``(j) Facilitation.--
                ``(1) Secretarial interpretation.--Except as otherwise
            provided by law, the Secretary shall interpret all Federal laws,
            Executive orders, and regulations in a manner that will
            facilitate--
                        ``(A) the inclusion of programs, services,
                    functions, and activities (or portions thereof) and
                    funds associated therewith, in compacts and funding
                    agreements; and

    [[Page 129 STAT. 1366]]

                        ``(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.

    [[Page 129 STAT. 1367]]

                ``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating
            to Federal procurement laws and regulations.
                ``(5) Section 511 of such Act (25 U.S.C. 458aaa-10),
            relating to civil actions.
                ``(6) Subsections (a)(1), (a)(2), and (c) through (f) of
            section 512 of such Act (25 U.S.C. 458aaa-11), relating to
            facilitation, except that subsection (c)(1) of that section
            shall be applied by substituting `transportation facilities and
            other facilities' for `school buildings, hospitals, and other
            facilities'.
                ``(7) Subsections (a) and (b) of section 515 of such Act (25
            U.S.C. 458aaa-14), relating to disclaimers.
                ``(8) Subsections (a) and (b) of section 516 of such Act (25
            U.S.C. 458aaa-15), relating to application of title I
            provisions.
                ``(9) Section 518 of such Act (25 U.S.C. 458aaa-17),
            relating to appeals.

        ``(m) Definitions.--
                ``(1) In general.--In this section, the following
            definitions apply (except as otherwise expressly provided):
                        ``(A) Compact.--The term `compact' means a compact
                    between the Secretary and an Indian tribe entered into
                    under subsection (c).
                        ``(B) Department.--The term `Department' means the
                    Department of Transportation.
                        ``(C) Eligible indian tribe.--The term `eligible
                    Indian tribe' means an Indian tribe that is eligible to
                    participate in the program, as determined under
                    subsection (b).
                        ``(D) Funding agreement.--The term `funding
                    agreement' means a funding agreement between the
                    Secretary and an Indian tribe entered into under
                    subsection (d).
                        ``(E) Indian tribe.--The term `Indian tribe' means
                    any Indian or Alaska Native tribe, band, nation, pueblo,
                    village, or community that is recognized as eligible for
                    the special programs and services provided by the United
                    States to Indians because of their status as Indians. In
                    any case in which an Indian tribe has authorized another
                    Indian tribe, an intertribal consortium, or a tribal
                    organization to plan for or carry out programs,
                    services, functions, or activities (or portions thereof)
                    on its behalf under this section, the authorized Indian
                    tribe, intertribal consortium, or tribal organization
                    shall have the rights and responsibilities of the
                    authorizing Indian tribe (except as otherwise provided
                    in the authorizing resolution or in this title). In such
                    event, the term `Indian tribe' as used in this section
                    shall include such other authorized Indian tribe,
                    intertribal consortium, or tribal organization.
                        ``(F) Program.--The term `program' means the tribal
                    transportation self-governance program established under
                    this section.
                        ``(G) Secretary.--The term `Secretary' means the
                    Secretary of Transportation.
                        ``(H) Transportation programs.--The term
                    `transportation programs' means all programs
                    administered or financed by the Department under this
                    title and chapter 53 of title 49.
                ``(2) Applicability of other definitions.--In this section,
            the definitions set forth in sections 4 and 505 of the Indian

    [[Page 129 STAT. 1368]]

            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 FAST Act, the Secretary
                    shall initiate procedures under subchapter III of
                    chapter 5 of title 5 to negotiate and promulgate such
                    regulations as are necessary to carry out this section.
                        ``(B) Publication of proposed regulations.--Proposed
                    regulations to implement this section shall be published
                    in the Federal Register by the Secretary not later than
                    21 months after such date of enactment.
                        ``(C) Expiration of authority.--The authority to
                    promulgate regulations under subparagraph (A) shall
                    expire 30 months after such date of enactment.
                        ``(D) Extension of deadlines.--A deadline set forth
                    in subparagraph (B) or (C) may be extended up to 180
                    days if the negotiated rulemaking committee referred to
                    in paragraph (2) concludes that the committee cannot
                    meet the deadline and the Secretary so notifies the
                    appropriate committees of Congress.
                ``(2) Committee.--
                        ``(A) In general.--A negotiated rulemaking committee
                    established pursuant to section 565 of title 5 to carry
                    out this subsection shall have as its members only
                    Federal and tribal government representatives, a
                    majority of whom shall be nominated by and be
                    representatives of Indian tribes with funding agreements
                    under this title.
                        ``(B) Requirements.--The committee shall confer
                    with, and accommodate participation by, representatives
                    of Indian tribes, inter-tribal consortia, tribal
                    organizations, and individual tribal members.
                        ``(C) Adaptation of procedures.--The Secretary shall
                    adapt the negotiated rulemaking procedures to the unique
                    context of self-governance and the government-to-
                    government relationship between the United States and
                    Indian tribes.
                ``(3) Effect.--The lack of promulgated regulations shall not
            limit the effect of this section.
                ``(4) Effect of circulars, policies, manuals, guidance, and
            rules.--Unless expressly agreed to by the participating Indian
            tribe in the compact or funding agreement, the participating
            Indian tribe shall not be subject to any agency circular,
            policy, manual, guidance, or rule adopted by the Department,
            except regulations promulgated under this section.''.

        (b) Clerical Amendment.--The analysis for chapter 2 of title 23,
    United States Code, <<NOTE: 23 USC prec. 201.>>  is amended by inserting
    after the item relating to section 206 the following:

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

    SEC. <<NOTE: 23 USC 103 note.>>  1122. STATE FLEXIBILITY FOR
                              NATIONAL HIGHWAY SYSTEM MODIFICATIONS.

        (a) National Highway System Flexibility.--Not later than 90 days
    after the date of enactment of this Act, the Secretary shall issue
    guidance relating to working with State departments

    [[Page 129 STAT. 1369]]

    of transportation that request assistance from the division offices of
    the Federal Highway Administration--
                (1) to review roads classified as principal arterials in the
            State that were added to the National Highway System as of
            October 1, 2012, so as to comply with section 103 of title 23,
            United States Code; and
                (2) to identify any necessary functional classification
            changes to rural and urban principal arterials.

        (b) Administrative Actions.--The Secretary shall direct the division
    offices of the Federal Highway Administration to work with the
    applicable State department of transportation that requests assistance
    under this section--
                (1) to assist in the review of roads in accordance with
            guidance issued under subsection (a);
                (2) to expeditiously review and facilitate requests from
            States to reclassify roads classified as principal arterials;
            and
                (3) in the case of a State that requests the withdrawal of
            reclassified roads from the National Highway System under
            section 103(b)(3) of title 23, United States Code, to carry out
            that withdrawal if the inclusion of the reclassified road in the
            National Highway System is not consistent with the needs and
            priorities of the community or region in which the reclassified
            road is located.

        (c) National Highway System Modification Regulations.--The Secretary
    shall--
                (1) review the National Highway System modification process
            described in appendix D of part 470 of title 23, Code of Federal
            Regulations (or successor regulations); and
                (2) take any action necessary to ensure that a State may
            submit to the Secretary a request to modify the National Highway
            System by withdrawing a road from the National Highway System.

        (d) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, and annually thereafter, the Secretary shall
    submit to the Committee on Environment and Public Works of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives a report that includes a description of--
                (1) each request for reclassification of National Highway
            System roads;
                (2) the status of each request; and
                (3) if applicable, the justification for the denial by the
            Secretary of a request.

        (e) Modifications to the National Highway System.--Section
    103(b)(3)(A) of title 23, United States Code, is amended--
                (1) in the matter preceding clause (i)--
                        (A) by striking ``, including any modification
                    consisting of a connector to a major intermodal
                    terminal,''; and
                        (B) by inserting ``, including any modification
                    consisting of a connector to a major intermodal terminal
                    or the withdrawal of a road from that system,'' after
                    ``the National Highway System''; and
                (2) in clause (ii)--
                        (A) by striking ``(ii) enhances'' and inserting
                    ``(ii)(I) enhances'';
                        (B) by striking the period at the end and inserting
                    ``; or''; and

    [[Page 129 STAT. 1370]]

                        (C) by adding at the end the following:
                              ``(II) in the case of the withdrawal of a
                          road, is reasonable and appropriate.''.
    SEC. <<NOTE: 23 USC 201 note.>>  1123. NATIONALLY SIGNIFICANT
                              FEDERAL LANDS AND TRIBAL PROJECTS
                              PROGRAM.

        (a) Purpose.--The Secretary shall establish a nationally significant
    Federal lands and tribal projects program (referred to in this section
    as the ``program'') to provide funding to construct, reconstruct, or
    rehabilitate nationally significant Federal lands and tribal
    transportation projects.
        (b) Eligible Applicants.--
                (1) In general.--Except as provided in paragraph (2),
            entities eligible to receive funds under sections 201, 202, 203,
            and 204 of title 23, United States Code, may apply for funding
            under the program.
                (2) Special rule.--A State, county, or unit of local
            government may only apply for funding under the program if
            sponsored by an eligible Federal land management agency or
            Indian tribe.

        (c) Eligible Projects.--An eligible project under the program shall
    be a single continuous project--
                (1) on a Federal lands transportation facility, a Federal
            lands access transportation facility, or a tribal transportation
            facility (as those terms are defined in section 101 of title 23,
            United States Code), except that such facility is not required
            to be included in an inventory described in section 202 or 203
            of such title;
                (2) for which completion of activities required under the
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
            seq.) has been demonstrated through--
                        (A) a record of decision with respect to the
                    project;
                        (B) a finding that the project has no significant
                    impact; or
                        (C) a determination that the project is
                    categorically excluded; and
                (3) having an estimated cost, based on the results of
            preliminary engineering, equal to or exceeding $25,000,000, with
            priority consideration given to projects with an estimated cost
            equal to or exceeding $50,000,000.

        (d) Eligible Activities.--
                (1) In general.--Subject to paragraph (2), an eligible
            applicant receiving funds under the program may only use the
            funds for construction, reconstruction, and rehabilitation
            activities.
                (2) Ineligible activities.--An eligible applicant may not
            use funds received under the program for activities relating to
            project design.

        (e) Applications.--Eligible applicants shall submit to the Secretary
    an application at such time, in such form, and containing such
    information as the Secretary may require.
        (f) Selection Criteria.--In selecting a project to receive funds
    under the program, the Secretary shall consider the extent to which the
    project--
                (1) furthers the goals of the Department, including state of
            good repair, economic competitiveness, quality of life, and
            safety;

    [[Page 129 STAT. 1371]]

                (2) improves the condition of critical transportation
            facilities, including multimodal facilities;
                (3) needs construction, reconstruction, or rehabilitation;
                (4) has costs matched by funds that are not provided under
            this section, with projects with a greater percentage of other
            sources of matching funds ranked ahead of lesser matches;
                (5) is included in or eligible for inclusion in the National
            Register of Historic Places;
                (6) uses new technologies and innovations that enhance the
            efficiency of the project;
                (7) is supported by funds, other than the funds received
            under the program, to construct, maintain, and operate the
            facility;
                (8) spans 2 or more States; and
                (9) serves land owned by multiple Federal agencies or Indian
            tribes.

        (g) Federal Share.--
                (1) In general.--The Federal share of the cost of a project
            shall be up to 90 percent.
                (2) Non-federal share.--Notwithstanding any other provision
            of law, any Federal funds other than those made available under
            title 23 or title 49, United States Code, may be used to pay the
            non-Federal share of the cost of a project carried out under
            this section.

        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $100,000,000 for each of fiscal
    years 2016 through 2020. Such sums shall remain available for a period
    of 3 fiscal years following the fiscal year for which the amounts are
    appropriated.

                 Subtitle B--Planning and Performance Management

    SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

        Section 134 of title 23, United States Code, is amended--
                (1) in subsection (a)(1)--
                        (A) by striking ``people and freight and'' and
                    inserting ``people and freight,'' and
                        (B) by inserting ``and take into consideration
                    resiliency needs'' after ``urbanized areas,'';
                (2) in subsection (c)(2) by striking ``and bicycle
            transportation facilities'' and inserting ``, bicycle
            transportation facilities, and intermodal facilities that
            support intercity transportation, including intercity buses and
            intercity bus facilities and commuter vanpool providers'';
                (3) in subsection (d)--
                        (A) by redesignating paragraphs (3) through (6) as
                    paragraphs (4) through (7), respectively;
                        (B) by inserting after paragraph (2) the following:
                ``(3) Representation.--
                        ``(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

    [[Page 129 STAT. 1372]]

                    planning organization, a representative of a provider of
                    public transportation may also serve as a representative
                    of a local municipality.
                        ``(C) Powers of certain officials.--An official
                    described in paragraph (2)(B) shall have
                    responsibilities, actions, duties, voting rights, and
                    any other authority commensurate with other officials
                    described in paragraph (2).''; and
                        (C) in paragraph (5) as so redesignated by striking
                    ``paragraph (5)'' and inserting ``paragraph (6)'';
                (4) in subsection (e)(4)(B) by striking ``subsection
            (d)(5)'' and inserting ``subsection (d)(6)'';
                (5) in subsection (g)(3)(A) by inserting ``tourism, natural
            disaster risk reduction,'' after ``economic development,'';
                (6) in subsection (h)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (G) by striking ``and'' at
                          the end;
                              (ii) in subparagraph (H) by striking the
                          period at the end and inserting a semicolon; and
                              (iii) by adding at the end the following:
                        ``(I) improve the resiliency and reliability of the
                    transportation system and reduce or mitigate stormwater
                    impacts of surface transportation; and
                        ``(J) enhance travel and tourism.''; and
                        (B) in paragraph (2)(A) by striking ``and in section
                    5301(c) of title 49'' and inserting ``and the general
                    purposes described in section 5301 of title 49'';
                (7) in subsection (i)--
                        (A) in paragraph (2)--
                              (i) in subparagraph (A)(i) by striking
                          ``transit,'' and inserting ``public transportation
                          facilities, intercity bus facilities,'';
                              (ii) in subparagraph (G)--
                                        (I) by striking ``and provide'' and
                                    inserting ``, provide''; and
                                        (II) by inserting ``, and reduce the
                                    vulnerability of the existing
                                    transportation infrastructure to natural
                                    disasters'' before the period at the
                                    end; and
                              (iii) in subparagraph (H) by inserting
                          ``including consideration of the role that
                          intercity buses may play in reducing congestion,
                          pollution, and energy consumption in a cost-
                          effective manner and strategies and investments
                          that preserve and enhance intercity bus systems,
                          including systems that are privately owned and
                          operated'' before the period at the end;
                        (B) in paragraph (6)(A)--
                              (i) by inserting ``public ports,'' before
                          ``freight shippers,''; and
                              (ii) by inserting ``(including intercity bus
                          operators, employer-based commuting programs, such
                          as a carpool program, vanpool program, transit
                          benefit program, parking cash-out program, shuttle
                          program, or telework program)'' after ``private
                          providers of transportation''; and
                        (C) in paragraph (8) by striking ``paragraph
                    (2)(C)'' and inserting ``paragraph (2)(E)'' each place
                    it appears;

    [[Page 129 STAT. 1373]]

                (8) in subsection (k)(3)--
                        (A) in subparagraph (A) by inserting ``(including
                    intercity bus operators, employer-based commuting
                    programs such as a carpool program, vanpool program,
                    transit benefit program, parking cash-out program,
                    shuttle program, or telework program), job access
                    projects,'' after ``reduction''; and
                        (B) by adding at the end the following:
                        ``(C) Congestion management plan.--A metropolitan
                    planning organization serving a transportation
                    management area may develop a plan that includes
                    projects and strategies that will be considered in the
                    TIP of such metropolitan planning organization. Such
                    plan shall--
                              ``(i) develop regional goals to reduce vehicle
                          miles traveled during peak commuting hours and
                          improve transportation connections between areas
                          with high job concentration and areas with high
                          concentrations of low-income households;
                              ``(ii) identify existing public transportation
                          services, employer-based commuter programs, and
                          other existing transportation services that
                          support access to jobs in the region; and
                              ``(iii) identify proposed projects and
                          programs to reduce congestion and increase job
                          access opportunities.
                        ``(D) Participation.--In developing the plan under
                    subparagraph (C), a metropolitan planning organization
                    shall consult with employers, private and nonprofit
                    providers of public transportation, transportation
                    management organizations, and organizations that provide
                    job access reverse commute projects or job-related
                    services to low-income individuals.'';
                (9) in subsection (l)--
                        (A) by adding a period at the end of paragraph (1);
                    and
                        (B) in paragraph (2)(D) by striking ``of less than
                    200,000'' and inserting ``with a population of 200,000
                    or less'';
                (10) in subsection (n)(1) by inserting ``49'' after
            ``chapter 53 of title'';
                (11) in subsection (p) by striking ``Funds set aside under
            section 104(f)'' and inserting ``Funds apportioned under
            paragraphs (5)(D) and (6) of section 104(b)''; and
                (12) by adding at the end the following:

        ``(r) Bi-State Metropolitan Planning Organization.--
                ``(1) Definition of bi-state mpo region.--In this
            subsection, the term `Bi-State MPO Region' has the meaning given
            the term `region' in subsection (a) of Article II of the Lake
            Tahoe Regional Planning Compact (Public Law 96-551; 94 Stat.
            3234).
                ``(2) Treatment.--For the purpose of this title, the Bi-
            State MPO Region shall be treated as--
                        ``(A) a metropolitan planning organization;
                        ``(B) a transportation management area under
                    subsection (k); and

    [[Page 129 STAT. 1374]]

                        ``(C) an urbanized area, which is comprised of a
                    population of 145,000 in the State of California and a
                    population of 65,000 in the State of Nevada.
                ``(3) Suballocated funding.--
                        ``(A) Planning.--In determining the amounts under
                    subparagraph (A) of section 133(d)(1) that shall be
                    obligated for a fiscal year in the States of California
                    and Nevada under clauses (i), (ii), and (iii) of that
                    subparagraph, the Secretary shall, for each of those
                    States--
                              ``(i) calculate the population under each of
                          those clauses;
                              ``(ii) decrease the amount under section
                          133(d)(1)(A)(iii) by the population specified in
                          paragraph (2) of this subsection for the Bi-State
                          MPO Region in that State; and
                              ``(iii) increase the amount under section
                          133(d)(1)(A)(i) by the population specified in
                          paragraph (2) of this subsection for the Bi-State
                          MPO Region in that State.
                        ``(B) STBGP set aside.--In determining the amounts
                    under paragraph (2) of section 133(h) that shall be
                    obligated for a fiscal year in the States of California
                    and Nevada, the Secretary shall, for the purpose of that
                    subsection, calculate the populations for each of those
                    States in a manner consistent with subparagraph (A).''.
    SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

        Section 135 of title 23, United States Code, is amended--
                (1) in subsection (a)(2) by striking ``and bicycle
            transportation facilities'' and inserting, ``, bicycle
            transportation facilities, and intermodal facilities that
            support intercity transportation, including intercity buses and
            intercity bus facilities and commuter van pool providers'';
                (2) in subsection (d)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (G) by striking ``and'' at
                          the end;
                              (ii) in subparagraph (H) by striking the
                          period at the end and inserting a semicolon; and
                              (iii) by adding at the end the following:
                        ``(I) improve the resiliency and reliability of the
                    transportation system and reduce or mitigate stormwater
                    impacts of surface transportation; and
                        ``(J) enhance travel and tourism.''; and
                        (B) in paragraph (2)--
                              (i) in subparagraph (A) by striking ``and in
                          section 5301(c) of title 49'' and inserting ``and
                          the general purposes described in section 5301 of
                          title 49'';
                              (ii) in subparagraph (B)(ii) by striking
                          ``urbanized''; and
                              (iii) in subparagraph (C) by striking
                          ``urbanized'';
                (3) in subsection (f)--
                        (A) in paragraph (3)(A)(ii)--
                              (i) by inserting ``public ports,'' before
                          ``freight shippers,''; and

    [[Page 129 STAT. 1375]]

                              (ii) by inserting ``(including intercity bus
                          operators, employer-based commuting programs, such
                          as a carpool program, vanpool program, transit
                          benefit program, parking cash-out program, shuttle
                          program, or telework program)'' after ``private
                          providers of transportation''; and
                        (B) in paragraph (7), in the matter preceding
                    subparagraph (A), by striking ``should'' and inserting
                    ``shall''; and
                        (C) in paragraph (8), by inserting ``, including
                    consideration of the role that intercity buses may play
                    in reducing congestion, pollution, and energy
                    consumption in a cost-effective manner and strategies
                    and investments that preserve and enhance intercity bus
                    systems, including systems that are privately owned and
                    operated'' before the period at the end; and
                (4) in subsection (g)(3)--
                        (A) by inserting ``public ports,'' before ``freight
                    shippers''; and
                        (B) by inserting ``(including intercity bus
                    operators),'' after ``private providers of
                    transportation''.

                  Subtitle C--Acceleration of Project Delivery

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

        (a) Highways.--Section 138 of title 23, United States Code, is
    amended by adding at the end the following:
        ``(c) Satisfaction of Requirements for Certain Historic Sites.--
                ``(1) In general.--The Secretary shall--
                        ``(A) align, to the maximum extent practicable, with
                    the requirements of the National Environmental Policy
                    Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108
                    of title 54, including implementing regulations; and
                        ``(B) not later than 90 days after the date of
                    enactment of this subsection, coordinate with the
                    Secretary of the Interior and the Executive Director of
                    the Advisory Council on Historic Preservation (referred
                    to in this subsection as the `Council') to establish
                    procedures to satisfy the requirements described in
                    subparagraph (A) (including regulations).
                ``(2) Avoidance alternative analysis.--
                        ``(A) In general.--If, in an analysis required under
                    the National Environmental Policy Act of 1969 (42 U.S.C.
                    4321 et seq.), the Secretary determines that there is no
                    feasible or prudent alternative to avoid use of a
                    historic site, the Secretary may--
                              ``(i) include the determination of the
                          Secretary in the analysis required under that Act;
                              ``(ii) provide a notice of the determination
                          to--
                                        ``(I) each applicable State historic
                                    preservation officer and tribal historic
                                    preservation officer;
                                        ``(II) the Council, if the Council
                                    is participating in the consultation
                                    process under section 306108 of title
                                    54; and

    [[Page 129 STAT. 1376]]

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

        (b) Public Transportation.--Section 303 of title 49, United States
    Code, is amended by adding at the end the following:
        ``(e) Satisfaction of Requirements for Certain Historic Sites.--
                ``(1) In general.--The Secretary shall--
                        ``(A) align, to the maximum extent practicable, the
                    requirements of this section with the requirements of
                    the National Environmental Policy Act of 1969 (42 U.S.C.
                    4321 et seq.) and section 306108 of title 54, including
                    implementing regulations; and
                        ``(B) not later than 90 days after the date of
                    enactment of this subsection, coordinate with the
                    Secretary of the Interior and the Executive Director of
                    the Advisory Council on Historic Preservation (referred
                    to in this subsection as the `Council') to establish
                    procedures to satisfy the requirements described in
                    subparagraph (A) (including regulations).
                ``(2) Avoidance alternative analysis.--
                        ``(A) In general.--If, in an analysis required under
                    the National Environmental Policy Act of 1969 (42 U.S.C.
                    4321 et seq.), the Secretary determines that there is no
                    feasible or prudent alternative to avoid use of a
                    historic site, the Secretary may--

    [[Page 129 STAT. 1377]]

                              ``(i) include the determination of the
                          Secretary in the analysis required under that Act;
                              ``(ii) provide a notice of the determination
                          to--
                                        ``(I) each applicable State historic
                                    preservation officer and tribal historic
                                    preservation officer;
                                        ``(II) the Council, if the Council
                                    is participating in the consultation
                                    process under section 306108 of title
                                    54; and
                                        ``(III) the Secretary of the
                                    Interior; and
                              ``(iii) request from the applicable
                          preservation officer, the Council, and the
                          Secretary of the Interior a concurrence that the
                          determination is sufficient to satisfy subsection
                          (c)(1).
                        ``(B) Concurrence.--If the applicable preservation
                    officer, the Council, and the Secretary of the Interior
                    each provide a concurrence requested under subparagraph
                    (A)(iii), no further analysis under subsection (c)(1)
                    shall be required.
                        ``(C) Publication.--A notice of a determination,
                    together with each relevant concurrence to that
                    determination, under subparagraph (A) shall--
                              ``(i) be included in the record of decision or
                          finding of no significant impact of the Secretary;
                          and
                              ``(ii) be posted on an appropriate Federal
                          website by not later than 3 days after the date of
                          receipt by the Secretary of all concurrences
                          requested under subparagraph (A)(iii).
                ``(3) Aligning historical reviews.--
                        ``(A) In general.--If the Secretary, the applicable
                    preservation officer, the Council, and the Secretary of
                    the Interior concur that no feasible and prudent
                    alternative exists as described in paragraph (2), the
                    Secretary may provide to the applicable preservation
                    officer, the Council, and the Secretary of the Interior
                    notice of the intent of the Secretary to satisfy
                    subsection (c)(2) through the consultation requirements
                    of section 306108 of title 54.
                        ``(B) Satisfaction of conditions.--To satisfy
                    subsection (c)(2), the applicable preservation officer,
                    the Council, and the Secretary of the Interior shall
                    concur in the treatment of the applicable historic site
                    described in the memorandum of agreement or programmatic
                    agreement developed under section 306108 of title 54.''.
    SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL
                              AUTHORITIES.

        (a) Title 23 Amendment.--Section 138 of title 23, United States
    Code, as amended by section 1301, is amended by adding at the end the
    following:
        ``(d) References to Past Transportation Environmental Authorities.--
                ``(1) Section 4(f) requirements.--The requirements of this
            section are commonly referred to as section 4(f) requirements
            (see section 4(f) of the Department of Transportation Act
            (Public Law 89-670; 80 Stat. 934) as in effect before the repeal
            of that section).
                ``(2) Section 106 requirements.--The requirements of section
            306108 of title 54 are commonly referred to as section

    [[Page 129 STAT. 1378]]

            106 requirements (see section 106 of the National Historic
            Preservation Act of 1966 (Public Law 89-665; 80 Stat. 917) as in
            effect before the repeal of that section).''.

        (b) Title 49 Amendment.--Section 303 of title 49, United States
    Code, as amended by section 1301, is amended by adding at the end the
    following:
        ``(f) References to Past Transportation Environmental Authorities.--
                ``(1) Section 4(f) requirements.--The requirements of this
            section are commonly referred to as section 4(f) requirements
            (see section 4(f) of the Department of Transportation Act
            (Public Law 89-670; 80 Stat. 934) as in effect before the repeal
            of that section).
                ``(2) Section 106 requirements.--The requirements of section
            306108 of title 54 are commonly referred to as section 106
            requirements (see section 106 of the National Historic
            Preservation Act of 1966 (Public Law 89-665; 80 Stat. 917) as in
            effect before the repeal of that section).''.
    SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION
                              REQUIREMENTS.

        (a) Preservation of Parklands.--Section 138 of title 23, United
    States Code, as amended by section 1302, is amended by adding at the end
    the following:
        ``(e) Bridge Exemption From Consideration.--A common post-1945
    concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790)
    that is exempt from individual review under section 306108 of title 54
    shall be exempt from consideration under this section.''.
        (b) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic
    Sites.--Section 303 of title 49, United States Code, as amended by
    section 1302, is amended by adding at the end the following:
        ``(g) Bridge Exemption From Consideration.--A common post-1945
    concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790)
    that is exempt from individual review under section 306108 of title 54
    shall be exempt from consideration under this section.''.
    SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
                              DECISIONMAKING.

        (a) Definitions.--Section 139(a) of title 23, United States Code, is
    amended--
                (1) by striking paragraph (5) and inserting the following:
                ``(5) Multimodal project.--The term `multimodal project'
            means a project that requires the approval of more than 1
            Department of Transportation operating administration or
            secretarial office.''; and
                (2) by striking paragraph (6) and inserting the following:
                ``(6) Project.--
                        ``(A) In general.--The term `project' means any
                    highway project, public transportation capital project,
                    or multimodal project that, if implemented as proposed
                    by the project sponsor, would require approval by any
                    operating administration or secretarial office within
                    the Department of Transportation.
                        ``(B) Considerations.--In determining whether a
                    project is a project under subparagraph (A), the
                    Secretary

    [[Page 129 STAT. 1379]]

                    shall take into account, if known, any sources of
                    Federal funding or financing identified by the project
                    sponsor, including any discretionary grant, loan, and
                    loan guarantee programs administered by the Department
                    of Transportation.''.

        (b) Applicability.--Section 139(b)(3) of title 23, United States
    Code, is amended--
                (1) in subparagraph (A) in the matter preceding clause (i)
            by striking ``initiate a rulemaking to''; and
                (2) by striking subparagraph (B) and inserting the
            following:
                        ``(B) Requirements.--In carrying out subparagraph
                    (A), the Secretary shall ensure that programmatic
                    reviews--
                              ``(i) promote transparency, including the
                          transparency of--
                                        ``(I) the analyses and data used in
                                    the environmental reviews;
                                        ``(II) the treatment of any deferred
                                    issues raised by agencies or the public;
                                    and
                                        ``(III) the temporal and spatial
                                    scales to be used to analyze issues
                                    under subclauses (I) and (II);
                              ``(ii) use accurate and timely information,
                          including through establishment of--
                                        ``(I) criteria for determining the
                                    general duration of the usefulness of
                                    the review; and
                                        ``(II) a timeline for updating an
                                    out-of-date review;
                              ``(iii) describe--
                                        ``(I) the relationship between any
                                    programmatic analysis and future tiered
                                    analysis; and
                                        ``(II) the role of the public in the
                                    creation of future tiered analysis;
                              ``(iv) are available to other relevant Federal
                          and State agencies, Indian tribes, and the public;
                          and
                              ``(v) provide notice and public comment
                          opportunities consistent with applicable
                          requirements.''.

        (c) Federal Lead Agency.--Section 139(c) of title 23, United States
    Code, is amended--
                (1) in paragraph (1)(A) by inserting ``, or an operating
            administration thereof designated by the Secretary,'' after
            ``Department of Transportation''; and
                (2) in paragraph (6)--
                        (A) in subparagraph (A) by striking ``and'' at the
                    end;
                        (B) in subparagraph (B) by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(C) to consider and respond to comments received
                    from participating agencies on matters within the
                    special expertise or jurisdiction of those agencies.''.

        (d) Participating Agencies.--
                (1) Invitation.--Section 139(d)(2) of title 23, United
            States Code, is amended by striking ``The lead agency shall
            identify, as early as practicable in the environmental review
            process for a project,'' and inserting ``Not later than 45 days
            after the date of publication of a notice of intent to prepare
            an

    [[Page 129 STAT. 1380]]

            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.
                ``(9) Participating agency responsibilities.--An agency
            participating in the environmental review process under this
            section shall--
                        ``(A) provide comments, responses, studies, or
                    methodologies on those areas within the special
                    expertise or jurisdiction of the agency; and
                        ``(B) use the process to address any environmental
                    issues of concern to the agency.''.

        (e) Project Initiation.--Section 139(e) of title 23, United States
    Code, is amended--
                (1) in paragraph (1) by inserting ``(including any
            additional information that the project sponsor considers to be
            important to initiate the process for the proposed project)''
            after ``general location of the proposed project''; and
                (2) by adding at the end the following:
                ``(3) Review of application.--Not later than 45 days after
            the date on which the Secretary receives notification under
            paragraph (1), the Secretary shall provide to the project
            sponsor a written response that, as applicable--
                        ``(A) describes the determination of the Secretary--
                              ``(i) to initiate the environmental review
                          process, including a timeline and an expected date
                          for the publication in the Federal Register of the
                          relevant notice of intent; or
                              ``(ii) to decline the application, including
                          an explanation of the reasons for that decision;
                          or

    [[Page 129 STAT. 1381]]

                        ``(B) requests additional information, and provides
                    to the project sponsor an accounting regarding what
                    documentation is necessary to initiate the environmental
                    review process.
                ``(4) Request to designate a lead agency.--
                        ``(A) In general.--Any project sponsor may submit to
                    the Secretary a request to designate the operating
                    administration or secretarial office within the
                    Department of Transportation with the expertise on the
                    proposed project to serve as the Federal lead agency for
                    the project.
                        ``(B) Secretarial action.--
                              ``(i) In general.--If the Secretary receives a
                          request under subparagraph (A), the Secretary
                          shall respond to the request not later than 45
                          days after the date of receipt.
                              ``(ii) Requirements.--The response under
                          clause (i) shall--
                                        ``(I) approve the request;
                                        ``(II) deny the request, with an
                                    explanation of the reasons for the
                                    denial; or
                                        ``(III) require the submission of
                                    additional information.
                              ``(iii) Additional information.--If additional
                          information is submitted in accordance with clause
                          (ii)(III), the Secretary shall respond to the
                          submission not later than 45 days after the date
                          of receipt.
                ``(5) Environmental checklist.--
                        ``(A) Development.--The lead agency for a project,
                    in consultation with participating agencies, shall
                    develop, as appropriate, a checklist to help project
                    sponsors identify potential natural, cultural, and
                    historic resources in the area of the project.
                        ``(B) Purpose.--The purposes of the checklist are--
                              ``(i) to identify agencies and organizations
                          that can provide information about natural,
                          cultural, and historic resources;
                              ``(ii) to develop the information needed to
                          determine the range of alternatives; and
                              ``(iii) to improve interagency collaboration
                          to help expedite the permitting process for the
                          lead agency and participating agencies.''.

        (f) Purpose and Need.--Section 139(f) of title 23, United States
    Code, is amended--
                (1) in the subsection heading by inserting ``; Alternatives
            Analysis'' after ``Need''; and
                (2) in paragraph (4)--
                        (A) by striking subparagraph (A) and inserting the
                    following:
                        ``(A) Participation.--
                              ``(i) In general.--As early as practicable
                          during the environmental review process, the lead
                          agency shall provide an opportunity for
                          involvement by participating agencies and the
                          public in determining the range of alternatives to
                          be considered for a project.
                              ``(ii) Comments of participating agencies.--To
                          the maximum extent practicable and consistent with
                          applicable law, each participating agency
                          receiving an

    [[Page 129 STAT. 1382]]

                          opportunity for involvement under clause (i) shall
                          limit the comments of the agency to subject matter
                          areas within the special expertise or jurisdiction
                          of the agency.
                              ``(iii) Effect of nonparticipation.--A
                          participating agency that declines to participate
                          in the development of the purpose and need and
                          range of alternatives for a project shall be
                          required to comply with the schedule developed
                          under subsection (g)(1)(B).'';
                        (B) in subparagraph (B)--
                              (i) by striking ``Following participation
                          under paragraph (1)'' and inserting the following:
                              ``(i) Determination.--Following participation
                          under subparagraph (A)''; and
                              (ii) by adding at the end the following:
                              ``(ii) Use.--To the maximum extent practicable
                          and consistent with Federal law, the range of
                          alternatives determined for a project under clause
                          (i) shall be used for all Federal environmental
                          reviews and permit processes required for the
                          project unless the alternatives must be modified--
                                        ``(I) to address significant new
                                    information or circumstances, and the
                                    lead agency and participating agencies
                                    agree that the alternatives must be
                                    modified to address the new information
                                    or circumstances; or
                                        ``(II) for the lead agency or a
                                    participating agency to fulfill the
                                    responsibilities of the agency under the
                                    National Environmental Policy Act of
                                    1969 (42 U.S.C. 4321 et seq.) in a
                                    timely manner.''; and
                        (C) by adding at the end the following:
                        ``(E) Reduction of duplication.--
                              ``(i) In general.--In carrying out this
                          paragraph, the lead agency shall reduce
                          duplication, to the maximum extent practicable,
                          between--
                                        ``(I) the evaluation of alternatives
                                    under the National Environmental Policy
                                    Act of 1969 (42 U.S.C. 4321 et seq.);
                                    and
                                        ``(II) the evaluation of
                                    alternatives in the metropolitan
                                    transportation planning process under
                                    section 134 or an environmental review
                                    process carried out under State law
                                    (referred to in this subparagraph as a
                                    `State environmental review process').
                              ``(ii) Consideration of alternatives.--The
                          lead agency may eliminate from detailed
                          consideration an alternative proposed in an
                          environmental impact statement regarding a project
                          if, as determined by the lead agency--
                                        ``(I) the alternative was considered
                                    in a metropolitan planning process or a
                                    State environmental review process by a
                                    metropolitan planning organization or a
                                    State or local transportation agency, as
                                    applicable;

    [[Page 129 STAT. 1383]]

                                        ``(II) the lead agency provided
                                    guidance to the metropolitan planning
                                    organization or State or local
                                    transportation agency, as applicable,
                                    regarding analysis of alternatives in
                                    the metropolitan planning process or
                                    State environmental review process,
                                    including guidance on the requirements
                                    of the National Environmental Policy Act
                                    of 1969 (42 U.S.C. 4321 et seq.) and any
                                    other Federal law necessary for approval
                                    of the project;
                                        ``(III) the applicable metropolitan
                                    planning process or State environmental
                                    review process included an opportunity
                                    for public review and comment;
                                        ``(IV) the applicable metropolitan
                                    planning organization or State or local
                                    transportation agency rejected the
                                    alternative after considering public
                                    comments;
                                        ``(V) the Federal lead agency
                                    independently reviewed the alternative
                                    evaluation approved by the applicable
                                    metropolitan planning organization or
                                    State or local transportation agency;
                                    and
                                        ``(VI) the Federal lead agency
                                    determined--
                                                ``(aa) in consultation with
                                            Federal participating or
                                            cooperating agencies, that the
                                            alternative to be eliminated
                                            from consideration is not
                                            necessary for compliance with
                                            the National Environmental
                                            Policy Act of 1969 (42 U.S.C.
                                            4321 et seq.); or
                                                ``(bb) with the concurrence
                                            of Federal agencies with
                                            jurisdiction over a permit or
                                            approval required for a project,
                                            that the alternative to be
                                            eliminated from consideration is
                                            not necessary for any permit or
                                            approval under any other Federal
                                            law.''.

        (g) Coordination and Scheduling.--
                (1) Coordination plan.--Section 139(g)(1) of title 23,
            United States Code, is amended--
                        (A) in subparagraph (A) by striking ``The lead
                    agency'' and inserting ``Not later than 90 days after
                    the date of publication of a notice of intent to prepare
                    an environmental impact statement or the initiation of
                    an environmental assessment, the lead agency''; and
                        (B) in subparagraph (B)(i) by striking ``may
                    establish as part of the coordination plan'' and
                    inserting ``shall establish as part of such coordination
                    plan''.
                (2) Deadlines for decisions under other laws.--Section
            139(g)(3) of title 23, United States Code, is amended in the
            matter preceding subparagraph (A) by inserting ``and publish on
            the Internet'' after ``House of Representatives''.

        (h) Issue Identification and Resolution.--
                (1) Issue resolution.--Section 139(h) of title 23, United
            States Code, is amended--
                        (A) by redesignating paragraphs (4) through (7) as
                    paragraphs (5) through (8), respectively; and
                        (B) by inserting after paragraph (3) the following:
                ``(4) Issue resolution.--Any issue resolved by the lead
            agency with the concurrence of participating agencies may not

    [[Page 129 STAT. 1384]]

            be reconsidered unless significant new information or
            circumstances arise.''.
                (2) Failure to assure.--Section 139(h)(5)(C) of title 23,
            United States Code (as redesignated by paragraph (1)(A)), is
            amended by striking ``paragraph (5) and'' and inserting
            ``paragraph (6)''.
                (3) Financial penalty provisions.--Section 139(h)(7)(B) of
            title 23, United States Code (as redesignated by paragraph
            (1)(A)), is amended--
                        (A) in clause (i)(I) by striking ``under section
                    106(i) is required'' and inserting ``is required under
                    subsection (h) or (i) of section 106''; and
                        (B) by striking clause (ii) and inserting the
                    following:
                              ``(ii) Description of date.--The date referred
                          to in clause (i) is--
                                        ``(I) the date that is 30 days after
                                    the date for rendering a decision as
                                    described in the project schedule
                                    established pursuant to subsection
                                    (g)(1)(B);
                                        ``(II) if no schedule exists, the
                                    later of--
                                                ``(aa) the date that is 180
                                            days after the date on which an
                                            application for the permit,
                                            license, or approval is
                                            complete; and
                                                ``(bb) the date that is 180
                                            days after the date on which the
                                            Federal lead agency issues a
                                            decision on the project under
                                            the National Environmental
                                            Policy Act of 1969 (42 U.S.C.
                                            4321 et seq.); or
                                        ``(III) a modified date in
                                    accordance with subsection (g)(1)(D).''.

        (i) Assistance to Affected State and Federal Agencies.--
                (1) In general.--Section 139(j) of title 23, United States
            Code, is amended by striking paragraph (1) and inserting the
            following:
                ``(1) In general.--
                        ``(A) Authority to provide funds.--The Secretary may
                    allow a public entity receiving financial assistance
                    from the Department of Transportation under this title
                    or chapter 53 of title 49 to provide funds to Federal
                    agencies (including the Department), State agencies, and
                    Indian tribes participating in the environmental review
                    process for the project or program.
                        ``(B) Use of funds.--Funds referred to in
                    subparagraph (A) may be provided only to support
                    activities that directly and meaningfully contribute to
                    expediting and improving permitting and review
                    processes, including planning, approval, and
                    consultation processes for the project or program.''.
                (2) Activities eligible for funding.--Section 139(j)(2) of
            title 23, United States Code, is amended by inserting
            ``activities directly related to the environmental review
            process,'' before ``dedicated staffing,''.
                (3) Agreement.--Section 139(j) of title 23, United States
            Code, is amended by striking paragraph (6) and inserting the
            following:
                ``(6) Agreement.--Prior to providing funds approved by the
            Secretary for dedicated staffing at an affected agency under

    [[Page 129 STAT. 1385]]

            paragraphs (1) and (2), the affected agency and the requesting
            public entity shall enter into an agreement that establishes the
            projects and priorities to be addressed by the use of the
            funds.''.

        (j) Accelerated Decisionmaking; Improving Transparency in
    Environmental Reviews.--
                (1) In general.--Section 139 of title 23, United States
            Code, is amended by adding at the end the following:

        ``(n) Accelerated Decisionmaking in Environmental Reviews.--
                ``(1) In general.--In preparing a final environmental impact
            statement under the National Environmental Policy Act of 1969
            (42 U.S.C. 4321 et seq.), if the lead agency modifies the
            statement in response to comments that are minor and are
            confined to factual corrections or explanations of why the
            comments do not warrant additional agency response, the lead
            agency may write on errata sheets attached to the statement
            instead of rewriting the draft statement, subject to the
            condition that the errata sheets--
                        ``(A) cite the sources, authorities, and reasons
                    that support the position of the agency; and
                        ``(B) if appropriate, indicate the circumstances
                    that would trigger agency reappraisal or further
                    response.
                ``(2) Single document.--To the maximum extent practicable,
            the lead agency shall expeditiously develop a single document
            that consists of a final environmental impact statement and a
            record of decision, unless--
                        ``(A) the final environmental impact statement makes
                    substantial changes to the proposed action that are
                    relevant to environmental or safety concerns; or
                        ``(B) there is a significant new circumstance or
                    information relevant to environmental concerns that
                    bears on the proposed action or the impacts of the
                    proposed action.

        ``(o) Improving Transparency in Environmental Reviews.--
                ``(1) In general.--Not later than 18 months after the date
            of enactment of this subsection, the Secretary shall--
                        ``(A) use the searchable Internet website maintained
                    under section 41003(b) of the FAST Act--
                              ``(i) to make publicly available the status
                          and progress of projects requiring an
                          environmental assessment or an environmental
                          impact statement with respect to compliance with
                          applicable requirements of the National
                          Environmental Policy Act of 1969 (42 U.S.C. 4321
                          et seq.) and any other Federal, State, or local
                          approval required for those projects; and
                              ``(ii) to make publicly available the names of
                          participating agencies not participating in the
                          development of a project purpose and need and
                          range of alternatives under subsection (f); and
                        ``(B) issue reporting standards to meet the
                    requirements of subparagraph (A).
                ``(2) Federal, state, and local agency participation.--
                        ``(A) Federal agencies.--A Federal agency
                    participating in the environmental review or permitting
                    process for a project shall provide to the Secretary
                    information regarding the status and progress of the
                    approval of the project for publication on the Internet
                    website referred

    [[Page 129 STAT. 1386]]

                    to in paragraph (1)(A), consistent with the standards
                    established under paragraph (1)(B).
                        ``(B) State and local agencies.--The Secretary shall
                    encourage State and local agencies participating in the
                    environmental review permitting process for a project to
                    provide information regarding the status and progress of
                    the approval of the project for publication on the
                    Internet website referred to in paragraph (1)(A).
                ``(3) States with delegated authority.--A State with
            delegated authority for responsibilities under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
            pursuant to section 327 shall be responsible for supplying to
            the Secretary project development and compliance status for all
            applicable projects.''.
                (2) Conforming amendment.--Section 1319 of MAP-21 (42 U.S.C.
            4332a), and the item relating to that section in the table of
            contents contained in section 1(c) of that Act, are repealed.

        (k) <<NOTE: 23 USC 139 note.>>  Implementation of Programmatic
    Compliance.--
                (1) Rulemaking.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall complete a rulemaking
            to implement the provisions of section 139(b)(3) of title 23,
            United States Code, as amended by this section.
                (2) Consultation.--Before initiating the rulemaking under
            paragraph (1), the Secretary shall consult with relevant Federal
            agencies, relevant State resource agencies, State departments of
            transportation, Indian tribes, and the public on the appropriate
            use and scope of the programmatic approaches.
                (3) Requirements.--In carrying out this subsection, the
            Secretary shall ensure that the rulemaking meets the
            requirements of section 139(b)(3)(B) of title 23, United States
            Code, as amended by this section.
                (4) Comment period.--The Secretary shall--
                        (A) allow not fewer than 60 days for public notice
                    and comment on the proposed rule; and
                        (B) address any comments received under this
                    subsection.
    SEC. 1305. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

        Section 168 of title 23, United States Code, is amended to read as
    follows:
    ``Sec. 168. Integration of planning and environmental review

        ``(a) Definitions.--In this section, the following definitions
    apply:
                ``(1) Environmental review process.--The term `environmental
            review process' has the meaning given the term in section
            139(a).
                ``(2) Lead agency.--The term `lead agency' has the meaning
            given the term in section 139(a).
                ``(3) Planning product.--The term `planning product' means a
            decision, analysis, study, or other documented information that
            is the result of an evaluation or decisionmaking process carried
            out by a metropolitan planning organization or a State, as
            appropriate, during metropolitan or statewide transportation
            planning under section 134 or 135, respectively.

    [[Page 129 STAT. 1387]]

                ``(4) Project.--The term `project' has the meaning given the
            term in section 139(a).
                ``(5) Project sponsor.--The term `project sponsor' has the
            meaning given the term in section 139(a).
                ``(6) Relevant agency.--The term `relevant agency' means the
            agency with authority under subparagraph (A) or (B) of
            subsection (b)(1).

        ``(b) Adoption or Incorporation by Reference of Planning Products
    for Use in NEPA Proceedings.--
                ``(1) In general.--Subject to subsection (d) and to the
            maximum extent practicable and appropriate, the following
            agencies may adopt or incorporate by reference and use a
            planning product in proceedings relating to any class of action
            in the environmental review process of the project:
                        ``(A) The lead agency for a project, with respect to
                    an environmental impact statement, environmental
                    assessment, categorical exclusion, or other document
                    prepared under the National Environmental Policy Act of
                    1969 (42 U.S.C. 4321 et seq.).
                        ``(B) The cooperating agency with responsibility
                    under Federal law, with respect to the process for and
                    completion of any environmental permit, approval,
                    review, or study required for a project under any
                    Federal law other than the National Environmental Policy
                    Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with
                    that law.
                ``(2) Identification.--If the relevant agency makes a
            determination to adopt or incorporate by reference and use a
            planning product, the relevant agency shall identify the
            agencies that participated in the development of the planning
            products.
                ``(3) Adoption or incorporation by reference of planning
            products.--The relevant agency may--
                        ``(A) adopt or incorporate by reference an entire
                    planning product under paragraph (1); or
                        ``(B) select portions of a planning project under
                    paragraph (1) for adoption or incorporation by
                    reference.
                ``(4) Timing.--A determination under paragraph (1) with
            respect to the adoption or incorporation by reference of a
            planning product may--
                        ``(A) be made at the time the relevant agencies
                    decide the appropriate scope of environmental review for
                    the project; or
                        ``(B) occur later in the environmental review
                    process, as appropriate.

        ``(c) Applicability.--
                ``(1) Planning decisions.--The relevant agency in the
            environmental review process may adopt or incorporate by
            reference decisions from a planning product, including--
                        ``(A) whether tolling, private financial assistance,
                    or other special financial measures are necessary to
                    implement the project;
                        ``(B) a decision with respect to general travel
                    corridor or modal choice, including a decision to
                    implement corridor or subarea study recommendations to
                    advance different modal solutions as separate projects
                    with independent utility;
                        ``(C) the purpose and the need for the proposed
                    action;

    [[Page 129 STAT. 1388]]

                        ``(D) preliminary screening of alternatives and
                    elimination of unreasonable alternatives;
                        ``(E) a basic description of the environmental
                    setting;
                        ``(F) a decision with respect to methodologies for
                    analysis; and
                        ``(G) an identification of programmatic level
                    mitigation for potential impacts of a project, including
                    a programmatic mitigation plan developed in accordance
                    with section 169, that the relevant agency determines
                    are more effectively addressed on a national or regional
                    scale, including--
                              ``(i) measures to avoid, minimize, and
                          mitigate impacts at a national or regional scale
                          of proposed transportation investments on
                          environmental resources, including regional
                          ecosystem and water resources; and
                              ``(ii) potential mitigation activities,
                          locations, and investments.
                ``(2) Planning analyses.--The relevant agency in the
            environmental review process may adopt or incorporate by
            reference analyses from a planning product, including--
                        ``(A) travel demands;
                        ``(B) regional development and growth;
                        ``(C) local land use, growth management, and
                    development;
                        ``(D) population and employment;
                        ``(E) natural and built environmental conditions;
                        ``(F) environmental resources and environmentally
                    sensitive areas;
                        ``(G) potential environmental effects, including the
                    identification of resources of concern and potential
                    direct, indirect, and cumulative effects on those
                    resources; and
                        ``(H) mitigation needs for a proposed project, or
                    for programmatic level mitigation, for potential effects
                    that the lead agency determines are most effectively
                    addressed at a regional or national program level.

        ``(d) Conditions.--The relevant agency in the environmental review
    process may adopt or incorporate by reference a planning product under
    this section if the relevant agency determines, with the concurrence of
    the lead agency and, if the planning product is necessary for a
    cooperating agency to issue a permit, review, or approval for the
    project, with the concurrence of the cooperating agency, that the
    following conditions have been met:
                ``(1) The planning product was developed through a planning
            process conducted pursuant to applicable Federal law.
                ``(2) The planning product was developed in consultation
            with appropriate Federal and State resource agencies and Indian
            tribes.
                ``(3) The planning process included broad multidisciplinary
            consideration of systems-level or corridor-wide transportation
            needs and potential effects, including effects on the human and
            natural environment.
                ``(4) The planning process included public notice that the
            planning products produced in the planning process may be
            adopted during a subsequent environmental review process in
            accordance with this section.
                ``(5) During the environmental review process, the relevant
            agency has--

    [[Page 129 STAT. 1389]]

                        ``(A) made the planning documents available for
                    public review and comment by members of the general
                    public and Federal, State, local, and tribal governments
                    that may have an interest in the proposed project;
                        ``(B) provided notice of the intention of the
                    relevant agency to adopt or incorporate by reference the
                    planning product; and
                        ``(C) considered any resulting comments.
                ``(6) There is no significant new information or new
            circumstance that has a reasonable likelihood of affecting the
            continued validity or appropriateness of the planning product.
                ``(7) The planning product has a rational basis and is based
            on reliable and reasonably current data and reasonable and
            scientifically acceptable methodologies.
                ``(8) The planning product is documented in sufficient
            detail to support the decision or the results of the analysis
            and to meet requirements for use of the information in the
            environmental review process.
                ``(9) The planning product is appropriate for adoption or
            incorporation by reference and use in the environmental review
            process for the project and is incorporated in accordance with,
            and is sufficient to meet the requirements of, the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
            section 1502.21 of title 40, Code of Federal Regulations (as in
            effect on the date of enactment of the FAST Act).
                ``(10) The planning product was approved within the 5-year
            period ending on the date on which the information is adopted or
            incorporated by reference.

        ``(e) Effect of Adoption or Incorporation by Reference.--Any
    planning product adopted or incorporated by reference by the relevant
    agency in accordance with this section may be--
                ``(1) incorporated directly into an environmental review
            process document or other environmental document; and
                ``(2) relied on and used by other Federal agencies in
            carrying out reviews of the project.

        ``(f) Rules of Construction.--
                ``(1) In general.--This section does not make the
            environmental review process applicable to the transportation
            planning process conducted under this title and chapter 53 of
            title 49.
                ``(2) Transportation planning activities.--Initiation of the
            environmental review process as a part of, or concurrently with,
            transportation planning activities does not subject
            transportation plans and programs to the environmental review
            process.
                ``(3) Planning products.--This section does not affect the
            use of planning products in the environmental review process
            pursuant to other authorities under any other provision of law
            or restrict the initiation of the environmental review process
            during planning.''.
    SEC. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

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

    [[Page 129 STAT. 1390]]

    SEC. 1307. TECHNICAL ASSISTANCE FOR STATES.

        Section 326 of title 23, United States Code, is amended--
                (1) in subsection (c)--
                        (A) by redesignating paragraphs (2) through (4) as
                    paragraphs (3) through (5), respectively; and
                        (B) by inserting after paragraph (1) the following:
                ``(2) Assistance to states.--On request of a Governor of a
            State, the Secretary shall provide to the State technical
            assistance, training, or other support relating to--
                        ``(A) assuming responsibility under subsection (a);
                        ``(B) developing a memorandum of understanding under
                    this subsection; or
                        ``(C) addressing a responsibility in need of
                    corrective action under subsection (d)(1)(B).''; and
                (2) in subsection (d), by striking paragraph (1) and
            inserting the following:
                ``(1) Termination by secretary.--The Secretary may terminate
            the participation of any State in the program if--
                        ``(A) the Secretary determines that the State is not
                    adequately carrying out the responsibilities assigned to
                    the State;
                        ``(B) the Secretary provides to the State--
                              ``(i) a notification of the determination of
                          noncompliance;
                              ``(ii) a period of not less than 120 days to
                          take such corrective action as the Secretary
                          determines to be necessary to comply with the
                          applicable agreement; and
                              ``(iii) on request of the Governor of the
                          State, a detailed description of each
                          responsibility in need of corrective action
                          regarding an inadequacy identified under
                          subparagraph (A); and
                        ``(C) the State, after the notification and period
                    described in clauses (i) and (ii) of subparagraph (B),
                    fails to take satisfactory corrective action, as
                    determined by the Secretary.''.
    SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

        Section 327 of title 23, United States Code, is amended--
                (1) in subsection (a)(2)(B)(iii) by striking ``(42 U.S.C. 13
            4321 et seq.)'' and inserting ``(42 U.S.C. 4321 et seq.)'';
                (2) in subsection (c)(4) by inserting ``reasonably'' before
            ``considers necessary'';
                (3) in subsection (e) by inserting ``and without further
            approval of'' after ``in lieu of'';
                (4) in subsection (g)--
                        (A) by striking paragraph (1) and inserting the
                    following:
                ``(1) In general.--To ensure compliance by a State with any
            agreement of the State under subsection (c) (including
            compliance by the State with all Federal laws for which
            responsibility is assumed under subsection (a)(2)), for each
            State participating in the program under this section, the
            Secretary shall--
                        ``(A) not later than 180 days after the date of
                    execution of the agreement, meet with the State to
                    review

    [[Page 129 STAT. 1391]]

                    implementation of the agreement and discuss plans for
                    the first annual audit;
                        ``(B) conduct annual audits during each of the first
                    4 years of State participation; and
                        ``(C) ensure that the time period for completing an
                    annual audit, from initiation to completion (including
                    public comment and responses to those comments), does
                    not exceed 180 days.''; and
                        (B) by adding at the end the following:
                ``(3) Audit team.--
                        ``(A) In general.--An audit conducted under
                    paragraph (1) shall be carried out by an audit team
                    determined by the Secretary, in consultation with the
                    State, in accordance with subparagraph (B).
                        ``(B) Consultation.--Consultation with the State
                    under subparagraph (A) shall include a reasonable
                    opportunity for the State to review and provide comments
                    on the proposed members of the audit team.'';
                (5) in subsection (j) by striking paragraph (1) and
            inserting the following:
                ``(1) Termination by secretary.--The Secretary may terminate
            the participation of any State in the program if--
                        ``(A) the Secretary determines that the State is not
                    adequately carrying out the responsibilities assigned to
                    the State;
                        ``(B) the Secretary provides to the State--
                              ``(i) a notification of the determination of
                          noncompliance;
                              ``(ii) a period of not less than 120 days to
                          take such corrective action as the Secretary
                          determines to be necessary to comply with the
                          applicable agreement; and
                              ``(iii) on request of the Governor of the
                          State, a detailed description of each
                          responsibility in need of corrective action
                          regarding an inadequacy identified under
                          subparagraph (A); and
                        ``(C) the State, after the notification and period
                    provided under subparagraph (B), fails to take
                    satisfactory corrective action, as determined by the
                    Secretary.''; and
                (6) by adding at the end the following:

        ``(k) Capacity Building.--The Secretary, in cooperation with
    representatives of State officials, may carry out education, training,
    peer-exchange, and other initiatives as appropriate--
                ``(1) to assist States in developing the capacity to
            participate in the assignment program under this section; and
                ``(2) to promote information sharing and collaboration among
            States that are participating in the assignment program under
            this section.

        ``(l) Relationship to Locally Administered Projects.--A State
    granted authority under this section may, as appropriate and at the
    request of a local government--
                ``(1) exercise such authority on behalf of the local
            government for a locally administered project; or
                ``(2) provide guidance and training on consolidating and
            minimizing the documentation and environmental analyses
            necessary for sponsors of a locally administered project to
            comply with the National Environmental Policy Act of 1969 (42
            U.S.C.

    [[Page 129 STAT. 1392]]

            4321 et seq.) and any comparable requirements under State
            law.''.
    SEC. <<NOTE: 23 USC 330 note.>>  1309. PROGRAM FOR ELIMINATING
                              DUPLICATION OF ENVIRONMENTAL REVIEWS.

        (a) Purpose.--The purpose of this section is to eliminate
    duplication of environmental reviews and approvals under State laws and
    the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        (b) In General.--Chapter 3 of title 23, United States Code, is
    amended by adding at the end the following:
    ``Sec. 330. <<NOTE: 23 USC 330 note.>>  Program for eliminating
                    duplication of environmental reviews

        ``(a) Establishment.--
                ``(1) In general.--The Secretary shall establish a pilot
            program to authorize States that have assumed responsibilities
            of the Secretary under section 327 and are approved to
            participate in the program under this section to conduct
            environmental reviews and make approvals for projects under
            State environmental laws and regulations instead of the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
            consistent with the requirements of this section.
                ``(2) Participating states.--The Secretary may select not
            more than 5 States to participate in the program.
                ``(3) Alternative environmental review and approval
            procedures defined.--In this section, the term `alternative
            environmental review and approval procedures' means--
                        ``(A) substitution of 1 or more State environmental
                    laws for--
                              ``(i) the National Environmental Policy Act of
                          1969 (42 U.S.C. 4321 et seq.);
                              ``(ii) any provisions of section 139
                          establishing procedures for the implementation of
                          the National Environmental Policy Act of 1969 (42
                          U.S.C. 4321 et seq.) that are under the authority
                          of the Secretary, as the Secretary, in
                          consultation with the State, considers
                          appropriate; and
                              ``(iii) related regulations and Executive
                          orders; and
                        ``(B) substitution of 1 or more State environmental
                    regulations for--
                              ``(i) the National Environmental Policy Act of
                          1969 (42 U.S.C. 4321 et seq.);
                              ``(ii) any provisions of section 139
                          establishing procedures for the implementation of
                          the National Environmental Policy Act of 1969 (42
                          U.S.C. 4321 et seq.) that are under the authority
                          of the Secretary, as the Secretary, in
                          consultation with the State, considers
                          appropriate; and
                              ``(iii) related regulations and Executive
                          orders.

        ``(b) Application.--To be eligible to participate in the program, a
    State shall submit to the Secretary an application containing such
    information as the Secretary may require, including--
                ``(1) a full and complete description of the proposed
            alternative environmental review and approval procedures of the
            State, including--

    [[Page 129 STAT. 1393]]

                        ``(A) the procedures the State uses to engage the
                    public and consider alternatives to the proposed action;
                    and
                        ``(B) the extent to which the State considers
                    environmental consequences or impacts on resources
                    potentially impacted by the proposed action (such as
                    air, water, or species);
                ``(2) each Federal requirement described in subsection
            (a)(3) that the State is seeking to substitute;
                ``(3) each State law or regulation that the State intends to
            substitute for such Federal requirement;
                ``(4) an explanation of the basis for concluding that the
            State law or regulation is at least as stringent as the Federal
            requirement described in subsection (a)(3);
                ``(5) a description of the projects or classes of projects
            for which the State anticipates exercising the authority that
            may be granted under the program;
                ``(6) verification that the State has the financial
            resources necessary to carry out the authority that may be
            granted under the program;
                ``(7) evidence of having sought, received, and addressed
            comments on the proposed application from the public; and
                ``(8) any such additional information as the Secretary, or,
            with respect to section (d)(1)(A), the Secretary in consultation
            with the Chair, may require.

        ``(c) Review of Application.--In accordance with subsection (d), the
    Secretary shall--
                ``(1) review and accept public comments on an application
            submitted under subsection (b);
                ``(2) approve or disapprove the application not later than
            120 days after the date of receipt of an application that the
            Secretary determines is complete; and
                ``(3) transmit to the State notice of the approval or
            disapproval, together with a statement of the reasons for the
            approval or disapproval.

        ``(d) Approval of Application.--
                ``(1) In general.--The Secretary shall approve an
            application submitted under subsection (b) only if--
                        ``(A) the Secretary, with the concurrence of the
                    Chair and after considering any public comments received
                    pursuant to subsection (c), determines that the laws and
                    regulations of the State described in the application
                    are at least as stringent as the Federal requirements
                    described in subsection (a)(3);
                        ``(B) the Secretary, after considering any public
                    comments received pursuant to subsection (c), determines
                    that the State has the capacity, including financial and
                    personnel, to assume the responsibility;
                        ``(C) the State has executed an agreement with the
                    Secretary in accordance with section 327; and
                        ``(D) the State has executed an agreement with the
                    Secretary under this section that--
                              ``(i) has been executed by the Governor or the
                          top-ranking transportation official in the State
                          who is charged with responsibility for highway
                          construction;
                              ``(ii) is in such form as the Secretary may
                          prescribe;
                              ``(iii) provides that the State--

    [[Page 129 STAT. 1394]]

                                        ``(I) agrees to assume the
                                    responsibilities, as identified by the
                                    Secretary, under this section;
                                        ``(II) expressly consents, on behalf
                                    of the State, to accept the jurisdiction
                                    of the Federal courts under subsection
                                    (e)(1) for the compliance, discharge,
                                    and enforcement of any responsibility
                                    under this section;
                                        ``(III) certifies that State laws
                                    (including regulations) are in effect
                                    that--
                                                ``(aa) authorize the State
                                            to take the actions necessary to
                                            carry out the responsibilities
                                            being assumed; and
                                                ``(bb) are comparable to
                                            section 552 of title 5,
                                            including providing that any
                                            decision regarding the public
                                            availability of a document under
                                            those State laws is reviewable
                                            by a court of competent
                                            jurisdiction; and
                                        ``(IV) agrees to maintain the
                                    financial resources necessary to carry
                                    out the responsibilities being assumed;
                              ``(iv) requires the State to provide to the
                          Secretary any information the Secretary reasonably
                          considers necessary to ensure that the State is
                          adequately carrying out the responsibilities
                          assigned to the State;
                              ``(v) has a term of not more than 5 years; and
                              ``(vi) is renewable.
                ``(2) Exclusion.--The National Environmental Policy Act of
            1969 (42 U.S.C. 4321 et seq.) shall not apply to a decision by
            the Secretary to approve or disapprove an application submitted
            under this section.

        ``(e) Judicial Review.--
                ``(1) In general.--The United States district courts shall
            have exclusive jurisdiction over any civil action against a
            State relating to the failure of the State--
                        ``(A) to meet the requirements of this section; or
                        ``(B) to follow the alternative environmental review
                    and approval procedures approved pursuant to this
                    section.
                ``(2) Limitation on review.--
                        ``(A) In general.--Notwithstanding any other
                    provision of law, a claim seeking judicial review of a
                    permit, license, or approval issued by a State under
                    this section shall be barred unless the claim is filed
                    not later than 2 years after the date of publication in
                    the Federal Register by the Secretary of a notice that
                    the permit, license, or approval is final pursuant to
                    the law under which the action is taken.
                        ``(B) Deadlines.--
                              ``(i) Notification.--The State shall notify
                          the Secretary of the final action of the State not
                          later than 10 days after the final action is
                          taken.
                              ``(ii) Publication.--The Secretary shall
                          publish the notice of final action in the Federal
                          Register not later than 30 days after the date of
                          receipt of the notice under clause (i).
                        ``(C) Savings provision.--Nothing in this subsection
                    creates a right to judicial review or places any limit
                    on

    [[Page 129 STAT. 1395]]

                    filing a claim that a person has violated the terms of a
                    permit, license, or approval.
                ``(3) New information.--
                        ``(A) In general.--A State shall consider new
                    information received after the close of a comment period
                    if the information satisfies the requirements for a
                    supplemental environmental impact statement under
                    section 771.130 of title 23, Code of Federal Regulations
                    (or successor regulations).
                        ``(B) Treatment of final agency action.--
                              ``(i) In general.--The final agency action
                          that follows preparation of a supplemental
                          environmental impact statement, if required, shall
                          be considered a separate final agency action, and
                          the deadline for filing a claim for judicial
                          review of the action shall be 2 years after the
                          date of publication in the Federal Register by the
                          Secretary of a notice announcing such action.
                              ``(ii) Deadlines.--
                                        ``(I) Notification.--The State shall
                                    notify the Secretary of the final action
                                    of the State not later than 10 days
                                    after the final action is taken.
                                        ``(II) Publication.--The Secretary
                                    shall publish the notice of final action
                                    in the Federal Register not later than
                                    30 days after the date of receipt of the
                                    notice under subclause (I).

        ``(f) Election.--A State participating in the programs under this
    section and section 327, at the discretion of the State, may elect to
    apply the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.) instead of the alternative environmental review and approval
    procedures of the State.
        ``(g) Adoption or Incorporation by Reference of Documents.--To the
    maximum extent practicable and consistent with Federal law, other
    Federal agencies with authority over a project subject to this section
    shall adopt or incorporate by reference documents produced by a
    participating State under this section to satisfy the requirements of
    the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        ``(h) Relationship to Locally Administered Projects.--
                ``(1) In general.--A State with an approved program under
            this section, at the request of a local government, may exercise
            authority under that program on behalf of up to 25 local
            governments for locally administered projects.
                ``(2) Scope.--For up to 25 local governments selected by a
            State with an approved program under this section, the State
            shall be responsible for ensuring that any environmental review,
            consultation, or other action required under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the
            State program, or both, meets the requirements of such Act or
            program.

        ``(i) Review and Termination.--
                ``(1) In general.--A State program approved under this
            section shall at all times be in accordance with the
            requirements of this section.
                ``(2) Review.--The Secretary shall review each State program
            approved under this section not less than once every 5 years.

    [[Page 129 STAT. 1396]]

                ``(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 the laws and regulations
            of the State for the National Environmental Policy Act of 1969
            (42 U.S.C. 4321 et seq.).

        ``(j) Report to Congress.--Not later than 2 years after the date of
    enactment of this section, and annually thereafter, the Secretary shall
    submit to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Environment and Public
    Works of the Senate a report that describes the administration of the
    program, including--
                ``(1) the number of States participating in the program;
                ``(2) the number and types of projects for which each State
            participating in the program has used alternative environmental
            review and approval procedures;
                ``(3) a description and assessment of whether implementation
            of the program has resulted in more efficient review of
            projects; and
                ``(4) any recommendations for modifications to the program.

        ``(k) Sunset.--The program shall terminate 12 years after the date
    of enactment of this section.
        ``(l) Definitions.--In this section, the following definitions
    apply:
                ``(1) Chair.--The term `Chair' means the Chair of the
            Council on Environmental Quality.
                ``(2) Multimodal project.--The term `multimodal project' has
            the meaning given that term in section 139(a).
                ``(3) Program.--The term `program' means the pilot program
            established under this section.
                ``(4) Project.--The term `project' means--
                        ``(A) a project requiring approval under this title,
                    chapter 53 of subtitle III of title 49, or subtitle V of
                    title 49; and
                        ``(B) a multimodal project.''.

        (c) <<NOTE: 23 USC 330 note.>>  Rulemaking.--
                (1) In general.--Not later than 270 days after the date of
            enactment of this Act, the Secretary, in consultation with the
            Chair of the Council on Environmental Quality, shall promulgate
            regulations to implement the requirements of section 330 of
            title 23, United States Code, as added by this section.
                (2) Determination of stringency.--As part of the rulemaking
            required under this subsection, the Chair shall--
                        (A) establish the criteria necessary to determine
                    that a State law or regulation is at least as stringent
                    as a

    [[Page 129 STAT. 1397]]

                    Federal requirement described in section 330(a)(3) of
                    title 23, United States Code; and
                        (B) ensure that the criteria, at a minimum--
                              (i) provide for protection of the environment;
                              (ii) provide opportunity for public
                          participation and comment, including access to the
                          documentation necessary to review the potential
                          impact of a project; and
                              (iii) ensure a consistent review of projects
                          that would otherwise have been covered under the
                          National Environmental Policy Act of 1969 (42
                          U.S.C. 4321 et seq.).

        (d) Clerical Amendment.--The analysis for chapter 3 of title 23,
    United States Code, <<NOTE: 23 USC prec. 301.>>  is amended by adding at
    the end the following:

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

    SEC. 1310. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
                              PROJECTS.

        Section 304 of title 49, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) by striking ``operating authority that''
                          and inserting ``operating administration or
                          secretarial office that has expertise but''; and
                              (ii) by inserting ``proposed multimodal''
                          after ``with respect to a''; and
                        (B) by striking paragraph (2) and inserting the
                    following:
                ``(2) Lead authority.--The term `lead authority' means a
            Department of Transportation operating administration or
            secretarial office that has the lead responsibility for
            compliance with the National Environmental Policy Act of 1969
            (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal
            project.'';
                (2) in subsection (b) by inserting ``or title 23'' after
            ``under this title'';
                (3) by striking subsection (c) and inserting the following:

        ``(c) Application of Categorical Exclusions for Multimodal
    Projects.--In considering the environmental impacts of a proposed
    multimodal project, a lead authority may apply categorical exclusions
    designated under the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.) in implementing regulations or procedures of a
    cooperating authority for a proposed multimodal project, subject to the
    conditions that--
                ``(1) the lead authority makes a determination, with the
            concurrence of the cooperating authority--
                        ``(A) on the applicability of a categorical
                    exclusion to a proposed multimodal project; and
                        ``(B) that the project satisfies the conditions for
                    a categorical exclusion under the National Environmental
                    Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this
                    section;
                ``(2) the lead authority follows the implementing
            regulations of the cooperating authority or procedures under
            that Act; and
                ``(3) the lead authority determines that--

    [[Page 129 STAT. 1398]]

                        ``(A) the proposed multimodal project does not
                    individually or cumulatively have a significant impact
                    on the environment; and
                        ``(B) extraordinary circumstances do not exist that
                    merit additional analysis and documentation in an
                    environmental impact statement or environmental
                    assessment required under that Act.''; and
                (4) by striking subsection (d) and inserting the following:

        ``(d) Cooperating Authority Expertise.--A cooperating authority
    shall provide expertise to the lead authority on aspects of the
    multimodal project in which the cooperating authority has expertise.''.
    SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.

        (a) In General.--Title 49, United States Code, is amended by
    inserting after section 304 the following:
    ``Sec. 304a. <<NOTE: 49 USC 304a.>>  Accelerated decisionmaking in
                      environmental reviews

        ``(a) In General.--In preparing a final environmental impact
    statement under the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.), if the lead agency modifies the statement in response to
    comments that are minor and are confined to factual corrections or
    explanations of why the comments do not warrant additional agency
    response, the lead agency may write on errata sheets attached to the
    statement, instead of rewriting the draft statement, subject to the
    condition that the errata sheets--
                ``(1) cite the sources, authorities, and reasons that
            support the position of the agency; and
                ``(2) if appropriate, indicate the circumstances that would
            trigger agency reappraisal or further response.

        ``(b) Single Document.--To the maximum extent practicable, the lead
    agency shall expeditiously develop a single document that consists of a
    final environmental impact statement and a record of decision, unless--
                ``(1) the final environmental impact statement makes
            substantial changes to the proposed action that are relevant to
            environmental or safety concerns; or
                ``(2) there is a significant new circumstance or information
            relevant to environmental concerns that bears on the proposed
            action or the impacts of the proposed action.

        ``(c) Adoption and Incorporation by Reference of Documents.--
                ``(1) Avoiding duplication.--To prevent duplication of
            analyses and support expeditious and efficient decisions, the
            operating administrations of the Department of Transportation
            shall use adoption and incorporation by reference in accordance
            with this subsection.
                ``(2) Adoption of documents of other operating
            administrations.--An operating administration or a secretarial
            office within the Department of Transportation may adopt a draft
            environmental impact statement, an environmental assessment, or
            a final environmental impact statement of another operating
            administration for the use of the adopting operating
            administration when preparing an environmental assessment or
            final environmental impact statement for a

    [[Page 129 STAT. 1399]]

            project without recirculating the document for public review,
            if--
                        ``(A) the adopting operating administration
                    certifies that the proposed action is substantially the
                    same as the project considered in the document to be
                    adopted;
                        ``(B) the other operating administration concurs
                    with such decision; and
                        ``(C) such actions are consistent with the
                    requirements of the National Environmental Policy Act of
                    1969 (42 U.S.C. 4321 et seq.).
                ``(3) Incorporation by reference.--An operating
            administration or secretarial office within the Department of
            Transportation may incorporate by reference all or portions of a
            draft environmental impact statement, an environmental
            assessment, or a final environmental impact statement for the
            use of the adopting operating administration when preparing an
            environmental assessment or final environmental impact statement
            for a project if--
                        ``(A) the incorporated material is cited in the
                    environmental assessment or final environmental impact
                    statement and the contents of the incorporated material
                    are briefly described;
                        ``(B) the incorporated material is reasonably
                    available for inspection by potentially interested
                    persons within the time allowed for review and comment;
                    and
                        ``(C) the incorporated material does not include
                    proprietary data that is not available for review and
                    comment.''.

        (b) Conforming Amendment.--The analysis for chapter 3 of title 49,
    United States Code, <<NOTE: 49 USC prec. 301.>>  is amended by inserting
    after the item relating to section 304 the following:

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

    SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN
                              ENVIRONMENTAL REVIEWS.

        (a) In General.--Title 49, United States Code, is amended by
    inserting after section 306 the following:
    ``Sec. 307. <<NOTE: 49 USC 307 note.>>  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

    [[Page 129 STAT. 1400]]

    review process, dedicated staffing, training of agency personnel,
    information gathering and mapping, and development of programmatic
    agreements.
        ``(c) Amounts.--A request under subsection (a) may be approved only
    for the additional amounts that the Secretary determines are necessary
    for the Federal agencies, State agencies, or Indian tribes participating
    in the environmental review process to timely conduct the review.
        ``(d) Agreements.--Prior to providing funds approved by the
    Secretary for dedicated staffing at an affected Federal agency under
    subsection (a), the affected Federal agency and the requesting public
    entity shall enter into an agreement that establishes a process to
    identify projects or priorities to be addressed by the use of the funds.
        ``(e) Guidance.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of this section, the Secretary shall issue guidance to
            implement this section.
                ``(2) Factors.--As part of the guidance issued under
            paragraph (1), the Secretary shall ensure--
                        ``(A) to the maximum extent practicable, that
                    expediting and improving the process of environmental
                    review and permitting through the use of funds accepted
                    and expended under this section does not adversely
                    affect the timeline for review and permitting by Federal
                    agencies, State agencies, or Indian tribes of other
                    entities that have not contributed funds under this
                    section;
                        ``(B) that the use of funds accepted under this
                    section will not impact impartial decisionmaking with
                    respect to environmental reviews or permits, either
                    substantively or procedurally; and
                        ``(C) that the Secretary maintains, and makes
                    publicly available, including on the Internet, a list of
                    projects or programs for which such review or permits
                    have been carried out using funds authorized under this
                    section.

        ``(f) Existing Authority.--Nothing in this section may be construed
    to conflict with section 139(j) of title 23.''.
        (b) Conforming Amendment.--The analysis for chapter 3 of title 49,
    United States Code, is amended by inserting after the item relating to
    section 306 the following:

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

    SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.

        (a) In General.--Title 49, United States Code, <<NOTE: 49 USC prec.
    301.>>  is amended by inserting after section 309 the following:
    ``Sec. 310. <<NOTE: 49 USC 310.>>  Aligning Federal environmental
                    reviews

        ``(a) Coordinated and Concurrent Environmental Reviews.--Not later
    than 1 year after the date of enactment of this section, the Department
    of Transportation, in coordination with the heads of Federal agencies
    likely to have substantive review or approval responsibilities under
    Federal law, shall develop a coordinated and concurrent environmental
    review and permitting process for transportation projects when
    initiating an environmental impact statement under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this
    section referred to as `NEPA').

    [[Page 129 STAT. 1401]]

        ``(b) Contents.--The coordinated and concurrent environmental review
    and permitting process developed under subsection (a) shall--
                ``(1) ensure that the Department of Transportation and
            agencies of jurisdiction possess sufficient information early in
            the review process to determine a statement of a transportation
            project's purpose and need and range of alternatives for
            analysis that the lead agency and agencies of jurisdiction will
            rely on for concurrent environmental reviews and permitting
            decisions required for the proposed project;
                ``(2) achieve early concurrence or issue resolution during
            the NEPA scoping process on the Department of Transportation's
            statement of a project's purpose and need, and during
            development of the environmental impact statement on the range
            of alternatives for analysis, that the lead agency and agencies
            of jurisdiction will rely on for concurrent environmental
            reviews and permitting decisions required for the proposed
            project absent circumstances that require reconsideration in
            order to meet an agency of jurisdiction's obligations under a
            statute or Executive order; and
                ``(3) achieve concurrence or issue resolution in an
            expedited manner if circumstances arise that require a
            reconsideration of the purpose and need or range of alternatives
            considered during any Federal agency's environmental or
            permitting review in order to meet an agency of jurisdiction's
            obligations under a statute or Executive order.

        ``(c) Environmental Checklist.--
                ``(1) In general.--Not later than 90 days after the date of
            enactment of this section, the Secretary of Transportation and
            Federal agencies of jurisdiction likely to have substantive
            review or approval responsibilities on transportation projects
            shall jointly develop a checklist to help project sponsors
            identify potential natural, cultural, and historic resources in
            the area of a proposed project.
                ``(2) Purpose.--The purpose of the checklist shall be to--
                        ``(A) identify agencies of jurisdiction and
                    cooperating agencies;
                        ``(B) develop the information needed for the purpose
                    and need and alternatives for analysis; and
                        ``(C) improve interagency collaboration to help
                    expedite the permitting process for the lead agency and
                    agencies of jurisdiction.

        ``(d) Interagency Collaboration.--
                ``(1) In general.--Consistent with Federal environmental
            statutes, the Secretary of Transportation shall facilitate
            annual interagency collaboration sessions at the appropriate
            jurisdictional level to coordinate business plans and facilitate
            coordination of workload planning and workforce management.
                ``(2) Purpose of collaboration sessions.--The interagency
            collaboration sessions shall ensure that agency staff is--
                        ``(A) fully engaged;
                        ``(B) utilizing the flexibility of existing
                    regulations, policies, and guidance; and
                        ``(C) identifying additional actions to facilitate
                    high quality, efficient, and targeted environmental
                    reviews and permitting decisions.

    [[Page 129 STAT. 1402]]

                ``(3) Focus of collaboration sessions.--The interagency
            collaboration sessions, and the interagency collaborations
            generated by the sessions, shall focus on methods to--
                        ``(A) work with State and local transportation
                    entities to improve project planning, siting, and
                    application quality; and
                        ``(B) consult and coordinate with relevant
                    stakeholders and Federal, tribal, State, and local
                    representatives early in permitting processes.
                ``(4) Consultation.--The interagency collaboration sessions
            shall include a consultation with groups or individuals
            representing State, tribal, and local governments that are
            engaged in the infrastructure permitting process.

        ``(e) Performance Measurement.--Not later than 1 year after the date
    of enactment of this section, the Secretary of Transportation, in
    coordination with relevant Federal agencies, shall establish a program
    to measure and report on progress toward aligning Federal reviews and
    reducing permitting and project delivery time as outlined in this
    section.
        ``(f) Reports.--
                ``(1) Report to congress.--Not later than 2 years after the
            date of enactment of this section and biennially thereafter, the
            Secretary of Transportation shall submit to the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives a report that describes--
                        ``(A) progress in aligning Federal environmental
                    reviews under this section; and
                        ``(B) the impact this section has had on
                    accelerating the environmental review and permitting
                    process.
                ``(2) Inspector general report.--Not later than 3 years
            after the date of enactment of this section, the Inspector
            General of the Department of Transportation shall submit to the
            Committee on Commerce, Science, and Transportation of the Senate
            and the Committee on Transportation and Infrastructure of the
            House of Representatives a report that describes--
                        ``(A) progress in aligning Federal environmental
                    reviews under this section; and
                        ``(B) the impact this section has had on
                    accelerating the environmental review and permitting
                    process.

        ``(g) Savings Provision.--This section shall not apply to any
    project subject to section 139 of title 23.''.
        (b) Conforming Amendment.--The analysis for chapter 3 of title 49,
    United States Code, <<NOTE: 49 USC prec. 301.>>  is amended by inserting
    after the item relating to section 309 the following:

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

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

        (a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 U.S.C. 109
    note; Public Law 112-141) is amended--
                (1) in paragraph (1)(A) by inserting ``(as adjusted annually
            by the Secretary to reflect any increases in the Consumer Price
            Index prepared by the Department of Labor)'' after
            ``$5,000,000''; and
                (2) in paragraph (1)(B) by inserting ``(as adjusted annually
            by the Secretary to reflect any increases in the Consumer

    [[Page 129 STAT. 1403]]

            Price Index prepared by the Department of Labor)'' after
            ``$30,000,000''.

        (b) <<NOTE: 23 USC 109 note.>>  Retroactive Application.--The first
    adjustment made pursuant to the amendments made by subsection (a)
    shall--
                (1) be carried out not later than 60 days after the date of
            enactment of this Act; and
                (2) reflect the increase in the Consumer Price Index since
            July 1, 2012.
    SEC. 1315. PROGRAMMATIC AGREEMENT TEMPLATE.

        (a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109 note; Public
    Law 112-141) is amended by adding at the end the following:
        ``(e) Programmatic Agreement Template.--
                ``(1) In general.--The Secretary shall develop a template
            programmatic agreement described in subsection (d) that provides
            for efficient and adequate procedures for evaluating Federal
            actions described in section 771.117(c) of title 23, Code of
            Federal Regulations (as in effect on the date of enactment of
            this subsection).
                ``(2) Use of template.--The Secretary--
                        ``(A) on receipt of a request from a State, shall
                    use the template programmatic agreement developed under
                    paragraph (1) in carrying out this section; and
                        ``(B) on consent of the applicable State, may modify
                    the template as necessary to address the unique needs
                    and characteristics of the State.
                ``(3) Outcome measurements.--The Secretary shall establish a
            method to verify that actions described in section 771.117(c) of
            title 23, Code of Federal Regulations (as in effect on the date
            of enactment of this subsection), are evaluated and documented
            in a consistent manner by the State that uses the template
            programmatic agreement under this subsection.''.

        (b) <<NOTE: 23 USC 109 note.>>  Categorical Exclusion
    Determinations.--Not later than 30 days after the date of enactment of
    this Act, the Secretary shall revise section 771.117(g) of title 23,
    Code of Federal Regulations, to allow a programmatic agreement under
    this section to include responsibility for making categorical exclusion
    determinations--
                (1) for actions described in subsections (c) and (d) of
            section 771.117 of title 23, Code of Federal Regulations; and
                (2) that meet the criteria for a categorical exclusion under
            section 1508.4 of title 40, Code of Federal Regulations (as in
            effect on the date of enactment of this Act), and are identified
            in the programmatic agreement.
    SEC. <<NOTE: 23 USC 106 note.>>  1316. ASSUMPTION OF AUTHORITIES.

        (a) In General.--The Secretary shall use the authority under section
    106(c) of title 23, United States Code, to the maximum extent
    practicable, to allow a State to assume the responsibilities of the
    Secretary for project design, plans, specifications, estimates, contract
    awards, and inspection of projects, on both a project-specific and
    programmatic basis.
        (b) Submission of Recommendations.--Not later than 18 months after
    the date of enactment of this Act, the Secretary, in cooperation with
    the States, shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of

    [[Page 129 STAT. 1404]]

    the Senate recommendations for legislation to permit the assumption of
    additional authorities by States, including with respect to real estate
    acquisition and project design.
    SEC. 1317. MODERNIZATION OF THE ENVIRONMENTAL REVIEW PROCESS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary shall examine ways to modernize, simplify,
    and improve the implementation of the National Environmental Policy Act
    of 1969 (42 U.S.C. 4321 et seq.) by the Department.
        (b) Inclusions.--In carrying out subsection (a), the Secretary shall
    consider--
                (1) the use of technology in the process, such as--
                        (A) searchable databases;
                        (B) geographic information system mapping tools;
                        (C) integration of those tools with fiscal
                    management systems to provide more detailed data; and
                        (D) other innovative technologies;
                (2) ways to prioritize use of programmatic environmental
            impact statements;
                (3) methods to encourage cooperating agencies to present
            analyses in a concise format; and
                (4) any other improvements that can be made to modernize
            process implementation.

        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report describing the
    results of the review carried out under subsection (a).
    SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT
                              DELIVERY.

        (a) In General.--Not later than 2 years after the date of enactment
    of this Act, the Comptroller General of the United States shall assess
    the progress made under this Act, MAP-21 (Public Law 112-141), and
    SAFETEA-LU (Public Law 109-59), including the amendments made by those
    Acts, to accelerate the delivery of Federal-aid highway and highway
    safety construction projects and public transportation capital projects
    by streamlining the environmental review and permitting process.
        (b) Contents.--The assessment required under subsection (a) shall
    evaluate--
                (1) how often the various streamlining provisions have been
            used;
                (2) which of the streamlining provisions have had the
            greatest impact on streamlining the environmental review and
            permitting process;
                (3) what, if any, impact streamlining of the process has had
            on environmental protection;
                (4) how, and the extent to which, streamlining provisions
            have improved and accelerated the process for permitting under
            the Federal Water Pollution Control Act (33 U.S.C. 1251 et
            seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.), and other applicable Federal laws;
                (5) what impact actions by the Council on Environmental
            Quality have had on accelerating Federal-aid highway and

    [[Page 129 STAT. 1405]]

            highway safety construction projects and public transportation
            capital projects;
                (6) the number and percentage of projects that proceed under
            a traditional environmental assessment or environmental impact
            statement, and the number and percentage of projects that
            proceed under categorical exclusions;
                (7) the extent to which the environmental review and
            permitting process remains a significant source of project delay
            and the sources of delays; and
                (8) the costs of conducting environmental reviews and
            issuing permits or licenses for a project, including the cost of
            contractors and dedicated agency staff.

        (c) Recommendations.--The assessment required under subsection (a)
    shall include recommendations with respect to--
                (1) additional opportunities for streamlining the
            environmental review process, including regulatory or statutory
            changes to accelerate the processes of Federal agencies (other
            than the Department) with responsibility for reviewing Federal-
            aid highway and highway safety construction projects and public
            transportation capital projects without negatively impacting the
            environment; and
                (2) best practices of other Federal agencies that should be
            considered for adoption by the Department.

        (d) Report to Congress.--The Comptroller General of the United
    States shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report containing the
    assessment and recommendations required under this section.

                            Subtitle D--Miscellaneous

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

        (a) Prohibition.--Except as provided in subsection (b), for fiscal
    years 2016 through 2020, funds apportioned to a State under section
    104(b)(3) of title 23, United States Code, may not be used to purchase,
    operate, or maintain an automated traffic enforcement system.
        (b) Exception.--Subsection (a) does not apply to an automated
    traffic enforcement system located in a school zone.
        (c) Automated Traffic Enforcement System Defined.--In this section,
    the term ``automated traffic enforcement system'' means any camera that
    captures an image of a vehicle for the purposes of traffic law
    enforcement.
    SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.

        (a) In General.--Section 104 of title 23, United States Code, is
    amended by striking subsection (g) and inserting the following:
        ``(g) Highway Trust Fund Transparency and Accountability Reports.--
                ``(1) Compilation of data.--Not later than 180 days after
            the date of enactment of the FAST Act, the Secretary shall
            compile data in accordance with this subsection on the use of
            Federal-aid highway funds made available under this title.

    [[Page 129 STAT. 1406]]

                ``(2) Requirements.--The Secretary shall ensure that the
            reports required under this subsection are made available in a
            user-friendly manner on the public Internet website of the
            Department of Transportation and can be searched and downloaded
            by users of the website.
                ``(3) Contents of reports.--
                        ``(A) Apportioned and allocated programs.--On a
                    semiannual basis, the Secretary shall make available a
                    report on funding apportioned and allocated to the
                    States under this title that describes--
                              ``(i) the amount of funding obligated by each
                          State, year-to-date, for the current fiscal year;
                              ``(ii) the amount of funds remaining available
                          for obligation by each State;
                              ``(iii) changes in the obligated, unexpended
                          balance for each State, year-to-date, during the
                          current fiscal year, including the obligated,
                          unexpended balance at the end of the preceding
                          fiscal year and current fiscal year expenditures;
                              ``(iv) the amount and program category of
                          unobligated funding, year-to-date, available for
                          expenditure at the discretion of the Secretary;
                              ``(v) the rates of obligation on and off the
                          National Highway System, year-to-date, for the
                          current fiscal year of funds apportioned,
                          allocated, or set aside under this section,
                          according to--
                                        ``(I) program;
                                        ``(II) funding category or
                                    subcategory;
                                        ``(III) type of improvement;
                                        ``(IV) State; and
                                        ``(V) sub-State geographical area,
                                    including urbanized and rural areas, on
                                    the basis of the population of each such
                                    area; and
                              ``(vi) the amount of funds transferred by each
                          State, year-to-date, for the current fiscal year
                          between programs under section 126.
                        ``(B) Project data.--On an annual basis, the
                    Secretary shall make available a report that provides,
                    for any project funded under this title (excluding
                    projects for which funds are transferred to agencies
                    other than the Federal Highway Administration) with an
                    estimated total cost as of the start of construction
                    greater than $25,000,000, and to the maximum extent
                    practicable, other projects funded under this title,
                    project data describing--
                              ``(i) the specific location of the project;
                              ``(ii) the total cost of the project;
                              ``(iii) the amount of Federal funding
                          obligated for the project;
                              ``(iv) the program or programs from which
                          Federal funds have been obligated for the project;
                              ``(v) the type of improvement being made, such
                          as categorizing the project as--
                                        ``(I) a road reconstruction project;
                                        ``(II) a new road construction
                                    project;
                                        ``(III) a new bridge construction
                                    project;
                                        ``(IV) a bridge rehabilitation
                                    project; or
                                        ``(V) a bridge replacement project;

    [[Page 129 STAT. 1407]]

                              ``(vi) the ownership of the highway or bridge;
                              ``(vii) whether the project is located in an
                          area of the State with a population of--
                                        ``(I) less than 5,000 individuals;
                                        ``(II) 5,000 or more individuals but
                                    less than 50,000 individuals;
                                        ``(III) 50,000 or more individuals
                                    but less than 200,000 individuals; or
                                        ``(IV) 200,000 or more individuals;
                                    and
                              ``(viii) available information on the
                          estimated cost of the project as of the start of
                          project construction, or the revised cost estimate
                          based on a description of revisions to the scope
                          of work or other factors affecting project cost
                          other than cost overruns.''.

        (b) Conforming Amendment.--Section 1503 of MAP-21 (23 U.S.C. 104
    note; Public Law 112-141) is amended by striking subsection (c).
    SEC. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by inserting after section 104 the following:
    ``Sec. 105. <<NOTE: 23 USC 105.>>  Additional deposits into
                    Highway Trust Fund

        ``(a) In General.--If monies are deposited into the Highway Account
    or Mass Transit Account pursuant to a law enacted subsequent to the date
    of enactment of the FAST Act, the Secretary shall make available
    additional amounts of contract authority under subsections (b) and (c).
        ``(b) Amount of Adjustment.--If monies are deposited into the
    Highway Account or the Mass Transit Account as described in subsection
    (a), on October 1 of the fiscal year following the deposit of such
    monies, the Secretary shall--
                ``(1) make available for programs authorized from such
            account for such fiscal year a total amount equal to--
                        ``(A) the amount otherwise authorized to be
                    appropriated for such programs for such fiscal year;
                    plus
                        ``(B) an amount equal to such monies deposited into
                    such account during the previous fiscal year as
                    described in subsection (a); and
                ``(2) distribute the additional amount under paragraph
            (1)(B) to each of such programs in accordance with subsection
            (c).

        ``(c) Distribution of Adjustment Among Programs.--
                ``(1) In general.--In making an adjustment for programs
            authorized to be appropriated from the Highway Account or the
            Mass Transit Account for a fiscal year under subsection (b), the
            Secretary shall--
                        ``(A) determine the ratio that--
                              ``(i) the amount authorized to be appropriated
                          for a program from the account for the fiscal
                          year; bears to
                              ``(ii) the total amount authorized to be
                          appropriated for such fiscal year for all programs
                          under such account;
                        ``(B) multiply the ratio determined under
                    subparagraph (A) by the amount of the adjustment
                    determined under subsection (b)(1)(B); and

    [[Page 129 STAT. 1408]]

                        ``(C) adjust the amount that the Secretary would
                    otherwise have allocated for the program for such fiscal
                    year by the amount calculated under subparagraph (B).
                ``(2) Formula programs.--For a program for which funds are
            distributed by formula, the Secretary shall add the adjustment
            to the amount authorized for the program but for this section
            and make available the adjusted program amount for such program
            in accordance with such formula.
                ``(3) Availability for obligation.--Adjusted amounts under
            this subsection shall be available for obligation and
            administered in the same manner as other amounts made available
            for the program for which the amount is adjusted.

        ``(d) Exclusion of Emergency Relief Program and Covered
    Administrative Expenses.--The Secretary shall exclude the emergency
    relief program under section 125 and covered administrative expenses
    from an adjustment of funding under subsection (c)(1).
        ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated from the appropriate account or accounts of the Highway
    Trust Fund an amount equal to the amount of an adjustment for a fiscal
    year under subsection (b) for any of fiscal years 2017 through 2020.
        ``(f) Revision to Obligation Limitations.--
                ``(1) In general.--If the Secretary makes an adjustment
            under subsection (b) for a fiscal year to an amount subject to a
            limitation on obligations imposed by section 1102 or 3018 of the
            FAST Act--
                        ``(A) such limitation on obligations for such fiscal
                    year shall be revised by an amount equal to such
                    adjustment; and
                        ``(B) the Secretary shall distribute such limitation
                    on obligations, as revised under subparagraph (A), in
                    accordance with such sections.
                ``(2) Exclusion of covered administrative expenses.--The
            Secretary shall exclude covered administrative expenses from--
                        ``(A) any calculation relating to a revision of a
                    limitation on obligations under paragraph (1)(A); and
                        ``(B) any distribution of a revised limitation on
                    obligations under paragraph (1)(B).

        ``(g) Definitions.--In this section, the following definitions
    apply:
                ``(1) Covered administrative expenses.--The term `covered
            administrative expenses' means the administrative expenses of--
                        ``(A) the Federal Highway Administration, as
                    authorized under section 104(a);
                        ``(B) the National Highway Traffic Safety
                    Administration, as authorized under section 4001(a)(6)
                    of the FAST Act; and
                        ``(C) the Federal Motor Carrier Safety
                    Administration, as authorized under section 31110 of
                    title 49.
                ``(2) Highway account.--The term `Highway Account' means the
            portion of the Highway Trust Fund that is not the Mass Transit
            Account.
                ``(3) Mass transit account.--The term `Mass Transit Account'
            means the Mass Transit Account of the Highway

    [[Page 129 STAT. 1409]]

            Trust Fund established under section 9503(e)(1) of the Internal
            Revenue Code of 1986.''.

        (b) Clerical Amendment.--The analysis for such chapter <<NOTE: 23
    USC prec. 101.>>  is amended by inserting after the item relating to
    section 104 the following:

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

    SEC. 1404. DESIGN STANDARDS.

        (a) In General.--Section 109 of title 23, United States Code, is
    amended--
                (1) in subsection (c)--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A)
                          by striking ``may take into account'' and
                          inserting ``shall consider'';
                              (ii) in subparagraph (B) by striking ``and''
                          at the end;
                              (iii) by redesignating subparagraph (C) as
                          subparagraph (D); and
                              (iv) by inserting after subparagraph (B) the
                          following:
                        ``(C) cost savings by utilizing flexibility that
                    exists in current design guidance and regulations;
                    and''; and
                        (B) in paragraph (2)--
                              (i) in subparagraph (C) by striking ``and'' at
                          the end;
                              (ii) by redesignating subparagraph (D) as
                          subparagraph (F); and
                              (iii) by inserting after subparagraph (C) the
                          following:
                        ``(D) the publication entitled `Highway Safety
                    Manual' of the American Association of State Highway and
                    Transportation Officials;
                        ``(E) the publication entitled `Urban Street Design
                    Guide' of the National Association of City
                    Transportation Officials; and''; and
                (2) in subsection (f) by inserting ``pedestrian walkways,''
            after ``bikeways,''.

        (b) <<NOTE: 23 USC 109 note.>>  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.

    [[Page 129 STAT. 1410]]

    SEC. 1405. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
                              INTERSTATE SYSTEM.

        Section 111(e) of title 23, United States Code, is amended by
    inserting ``(including new or modified freeway-to-crossroad interchanges
    inside a transportation management area)'' after ``the Interstate
    System''.
    SEC. 1406. PERFORMANCE PERIOD ADJUSTMENT.

        (a) National Highway Performance Program.--Section 119 of title 23,
    United States Code, is amended--
                (1) in subsection (e)(7), by striking ``for 2 consecutive
            reports submitted under this paragraph shall include in the next
            report submitted'' and inserting ``shall include as part of the
            performance target report under section 150(e)''; and
                (2) in subsection (f)(1)(A) in the matter preceding clause
            (i) by striking ``If, during 2 consecutive reporting periods,
            the condition of the Interstate System, excluding bridges on the
            Interstate System, in a State falls'' and inserting ``If a State
            reports that the condition of the Interstate System, excluding
            bridges on the Interstate System, has fallen''.

        (b) Highway Safety Improvement Program.--Section 148(i) of title 23,
    United States Code, is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``performance targets of the State established under section
            150(d) by the date that is 2 years after the date of the
            establishment of the performance targets'' and inserting
            ``safety performance targets of the State established under
            section 150(d)''; and
                (2) in paragraphs (1) and (2), by inserting ``safety''
            before ``performance targets'' each place it appears.
    SEC. 1407. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.

        (a) National Highway Performance Program.--Section 119(d)(2)(L) of
    title 23, United States Code, is amended by inserting ``, including the
    installation of vehicle-to-infrastructure communication equipment''
    after ``capital improvements''.
        (b) Surface Transportation Block Grant Program.--Section
    133(b)(1)(D) of title 23, United States Code, is amended by inserting
    ``, including the installation of vehicle-to-infrastructure
    communication equipment'' after ``capital improvements''.
    SEC. 1408. FEDERAL SHARE PAYABLE.

        (a) Innovative Project Delivery Methods.--Section 120(c)(3) of title
    23, United States Code, is amended--
                (1) in subparagraph (A)(ii)--
                        (A) by inserting ``engineering or design
                    approaches,'' after ``technologies,''; and
                        (B) by inserting ``or project delivery'' after ``or
                    contracting'';
                (2) in subparagraph (B)--
                        (A) in clause (iii) by inserting ``and alternative
                    bidding'' before the semicolon at the end;
                        (B) in clause (iv) by striking ``or'' at the end;
                        (C) by redesignating clause (v) as clause (vi); and
                        (D) by inserting after clause (iv) the following:
                              ``(v) innovative pavement materials that have
                          a demonstrated life cycle of 75 or more years, are
                          manufactured with reduced greenhouse gas
                          emissions, and

    [[Page 129 STAT. 1411]]

                          reduce construction-related congestion by rapidly
                          curing; or''; and

        (b) Emergency Relief.--Section 120(e)(2) of title 23, United States
    Code, is amended by striking ``Federal land access transportation
    facilities'' and inserting ``other Federally owned roads that are open
    to public travel''.
    SEC. 1409. MILK PRODUCTS.

        Section 127(a) of title 23, United States Code, is amended by adding
    at the end the following:
                ``(13) Milk products.--A vehicle carrying fluid milk
            products shall be considered a load that cannot be easily
            dismantled or divided.''.
    SEC. 1410. INTERSTATE WEIGHT LIMITS.

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

        ``(n) Operation of Vehicles on Certain Highways in the State of
    Texas.--If any segment in the State of Texas of United States Route 59,
    United States Route 77, United States Route 281, United States Route 84,
    Texas State Highway 44, or another roadway is designated as Interstate
    Route 69, a vehicle that could operate legally on that segment before
    the date of the designation may continue to operate on that segment,
    without regard to any requirement under this section.
        ``(o) Certain Logging Vehicles in the State of Wisconsin.--
                ``(1) In general.--The Secretary shall waive, with respect
            to a covered logging vehicle, the application of any vehicle
            weight limit established under this section.
                ``(2) Covered logging vehicle defined.--In this subsection,
            the term `covered logging vehicle' means a vehicle that--
                        ``(A) is transporting raw or unfinished forest
                    products, including logs, pulpwood, biomass, or wood
                    chips;
                        ``(B) has a gross vehicle weight of not more than
                    98,000 pounds;
                        ``(C) has not less than 6 axles; and
                        ``(D) is operating on a segment of Interstate Route
                    39 in the State of Wisconsin from mile marker 175.8 to
                    mile marker 189.

        ``(p) Operation of Certain Specialized Vehicles on Certain Highways
    in the State of Arkansas.--If any segment of United States Route 63
    between the exits for highways 14 and 75 in the State of Arkansas is
    designated as part of the Interstate System, the single axle weight,
    tandem axle weight, gross vehicle weight,

    [[Page 129 STAT. 1412]]

    and bridge formula limits under subsection (a) and the width limitation
    under section 31113(a) of title 49 shall not apply to that segment with
    respect to the operation of any vehicle that could operate legally on
    that segment before the date of the designation.
        ``(q) Certain Logging Vehicles in the State of Minnesota.--
                ``(1) In general.--The Secretary shall waive, with respect
            to a covered logging vehicle, the application of any vehicle
            weight limit established under this section.
                ``(2) Covered logging vehicle defined.--In this subsection,
            the term `covered logging vehicle' means a vehicle that--
                        ``(A) is transporting raw or unfinished forest
                    products, including logs, pulpwood, biomass, or wood
                    chips;
                        ``(B) has a gross vehicle weight of not more than
                    99,000 pounds;
                        ``(C) has not less than 6 axles; and
                        ``(D) is operating on a segment of Interstate Route
                    35 in the State of Minnesota from mile marker 235.4 to
                    mile marker 259.552.

        ``(r) Emergency Vehicles.--
                ``(1) In general.--Notwithstanding subsection (a), a State
            shall not enforce against an emergency vehicle a vehicle weight
            limit (up to a maximum gross vehicle weight of 86,000 pounds) of
            less than--
                        ``(A) 24,000 pounds on a single steering axle;
                        ``(B) 33,500 pounds on a single drive axle;
                        ``(C) 62,000 pounds on a tandem axle; or
                        ``(D) 52,000 pounds on a tandem rear drive steer
                    axle.
                ``(2) Emergency vehicle defined.--In this subsection, the
            term `emergency vehicle' means a vehicle designed to be used
            under emergency conditions--
                        ``(A) to transport personnel and equipment; and
                        ``(B) to support the suppression of fires and
                    mitigation of other hazardous situations.

        ``(s) Natural Gas Vehicles.--A vehicle, if operated by an engine
    fueled primarily by natural gas, may exceed any vehicle weight limit (up
    to a maximum gross vehicle weight of 82,000 pounds) under this section
    by an amount that is equal to the difference between--
                ``(1) the weight of the vehicle attributable to the natural
            gas tank and fueling system carried by that vehicle; and
                ``(2) the weight of a comparable diesel tank and fueling
            system.''.
    SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND
                              REHABILITATION.

        (a) Tolling.--Section 129(a) of title 23, United States Code, is
    amended--
                (1) in paragraph (3)(A), in the matter preceding clause
            (i)--
                        (A) by striking ``shall use'' and inserting ``shall
                    ensure that''; and
                        (B) by inserting ``are used'' before ``only for'';
                (2) by striking paragraph (4) and redesignating paragraphs
            (5) through (9) as paragraphs (4) through (8), respectively; and

    [[Page 129 STAT. 1413]]

                (3) in subparagraph (B) of paragraph (4) (as so
            redesignated) by striking ``Federal-aid system'' and inserting
            ``Federal-aid highways'';
                (4) by inserting after paragraph (8) (as so redesignated)--
                ``(9) Equal access for over-the-road buses.--An over-the-
            road bus that serves the public shall be provided access to a
            toll facility under the same rates, terms, and conditions as
            public transportation buses.''; and
                (5) in paragraph (10)--
                        (A) by redesignating subparagraphs (C) and (D) as
                    subparagraphs (D) and (E), respectively; and
                        (B) by inserting after subparagraph (B) the
                    following:
                        ``(C) Over-the-road bus.--The term `over-the-road
                    bus' has the meaning given the term in section 301 of
                    the Americans with Disabilities Act of 1990 (42 U.S.C.
                    12181).''.

        (b) HOV Facilities.--Section 166 of title 23, United States Code, is
    amended--
                (1) by striking ``the agency'' each place it appears and
            inserting ``the authority'';
                (2) in subsection (a)(1)--
                        (A) by striking the paragraph heading and inserting
                    ``authority of public authorities''; and
                        (B) by striking ``State agency'' and inserting
                    ``public authority'';
                (3) in subsection (b)--
                        (A) by striking ``State agency'' each place it
                    appears and inserting ``public authority'';
                        (B) in paragraph (3)--
                              (i) in subparagraph (A) by striking ``and'' at
                          the end;
                              (ii) in subparagraph (B) by striking the
                          period at the end and inserting ``; and''; and
                              (iii) by adding at the end the following:
                        ``(C) provides equal access under the same rates,
                    terms, and conditions for all public transportation
                    vehicles and over-the-road buses serving the public.'';
                        (C) in paragraph (4)(C)--
                              (i) in clause (i) by striking ``and'' at the
                          end;
                              (ii) in clause (ii) by striking the period at
                          the end and inserting ``; and''; and
                              (iii) by adding at the end the following:
                              ``(iii) ensure that over-the-road buses
                          serving the public are provided access to the
                          facility under the same rates, terms, and
                          conditions as public transportation buses.''; and
                        (D) in paragraph (5)--
                              (i) by striking subparagraph (A) and inserting
                          the following:
                        ``(A) Special rule.--Before September 30, 2025, if a
                    public authority establishes procedures for enforcing
                    the restrictions on the use of a HOV facility by
                    vehicles described in clauses (i) and (ii), the public
                    authority may allow the use of the HOV facility by--
                              ``(i) alternative fuel vehicles; and
                              ``(ii) any motor vehicle described in section
                          30D(d)(1) of the Internal Revenue Code of 1986.'';
                          and

    [[Page 129 STAT. 1414]]

                              (ii) in subparagraph (B) by striking ``2017''
                          and inserting ``2019'';
                (4) in subsection (c)--
                        (A) by striking paragraph (1) and inserting the
                    following:
                ``(1) In general.--Notwithstanding section 301, tolls may be
            charged under paragraphs (4) and (5) of subsection (b), subject
            to the requirements of section 129.''; and
                        (B) by striking paragraph (2) and redesignating
                    paragraph (3) as paragraph (2);
                (5) in subsection (d)--
                        (A) by striking ``State agency'' each place it
                    appears and inserting ``public authority'';
                        (B) in paragraph (1)--
                              (i) by striking subparagraphs (D) and (E); and
                              (ii) by inserting after subparagraph (C) the
                          following:
                        ``(D) Maintenance of operating performance.--
                              ``(i) Submission of plan.--Not later than 180
                          days after the date on which a facility is
                          degraded under paragraph (2), the public authority
                          with jurisdiction over the facility shall submit
                          to the Secretary for approval a plan that details
                          the actions the public authority will take to make
                          significant progress toward bringing the facility
                          into compliance with the minimum average operating
                          speed performance standard through changes to the
                          operation of the facility, including--
                                        ``(I) increasing the occupancy
                                    requirement for HOV lanes;
                                        ``(II) varying the toll charged to
                                    vehicles allowed under subsection (b) to
                                    reduce demand;
                                        ``(III) discontinuing allowing non-
                                    HOV vehicles to use HOV lanes under
                                    subsection (b); or
                                        ``(IV) increasing the available
                                    capacity of the HOV facility.
                              ``(ii) Notice of approval or disapproval.--Not
                          later than 60 days after the date of receipt of a
                          plan under clause (i), the Secretary shall provide
                          to the public authority a written notice
                          indicating whether the Secretary has approved or
                          disapproved the plan based on a determination of
                          whether the implementation of the plan will make
                          significant progress toward bringing the HOV
                          facility into compliance with the minimum average
                          operating speed performance standard.
                              ``(iii) Annual progress updates.--Until the
                          date on which the Secretary determines that the
                          public authority has brought the HOV facility into
                          compliance with this subsection, the public
                          authority shall submit annual updates that
                          describe--
                                        ``(I) the actions taken to bring the
                                    HOV facility into compliance; and
                                        ``(II) the progress made by those
                                    actions.
                        ``(E) Compliance.--If the public authority fails to
                    bring a facility into compliance under subparagraph (D),
                    the Secretary shall subject the public authority to
                    appropriate program sanctions under section 1.36 of
                    title 23, Code

    [[Page 129 STAT. 1415]]

                    of Federal Regulations (or successor regulations), until
                    the performance is no longer degraded.
                        ``(F) Waiver.--
                              ``(i) In general.--Upon the request of a
                          public authority, the Secretary may waive the
                          compliance requirements of subparagraph (E), if
                          the Secretary determines that--
                                        ``(I) the waiver is in the best
                                    interest of the traveling public;
                                        ``(II) the public authority is
                                    meeting the conditions under
                                    subparagraph (D); and
                                        ``(III) the public authority has
                                    made a good faith effort to improve the
                                    performance of the facility.
                              ``(ii) Condition.--The Secretary may require,
                          as a condition of providing a waiver under this
                          subparagraph, that a public authority take
                          additional actions, as determined by the
                          Secretary, to maximize the operating speed
                          performance of the facility, even if such
                          performance is below the level set under paragraph
                          (2).'';
                (6) in subsection (f)--
                        (A) in paragraph (1), in the matter preceding
                    subparagraph (A), by inserting ``solely'' before
                    ``operating'';
                        (B) in paragraph (4)(B)(iii) by striking ``State
                    agency'' and inserting ``public authority'';
                        (C) by striking paragraph (5);
                        (D) by redesignating paragraph (4) as paragraph (6);
                    and
                        (E) by inserting after paragraph (3) the following:
                ``(4) Over-the-road bus.--The term `over-the-road bus' has
            the meaning given the term in section 301 of the Americans with
            Disabilities Act of 1990 (42 U.S.C. 12181).
                ``(5) Public authority.--The term `public authority' as used
            with respect to a HOV facility, means a State, interstate
            compact of States, public entity designated by a State, or local
            government having jurisdiction over the operation of the
            facility.''; and
                (7) by adding at the end the following:

        ``(g) Consultation of MPO.--If a HOV facility charging tolls under
    paragraph (4) or (5) of subsection (b) is on the Interstate System and
    located in a metropolitan planning area established in accordance with
    section 134, the public authority shall consult with the metropolitan
    planning organization for the area concerning the placement and amount
    of tolls on the facility.''.
        (c) Interstate System Reconstruction and Rehabilitation Pilot
    Program.--Section 1216(b) of the Transportation Equity Act for the 21st
    Century (Public Law 105-178) <<NOTE: 23 USC 129 note.>> is amended--
                (1) in paragraph (4)--
                        (A) in subparagraph (D) by striking ``and'' at the
                    end;
                        (B) in subparagraph (E) by striking the period and
                    inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(F) the State has the authority required for the
                    project to proceed.'';
                (2) by redesignating paragraphs (6) through (8) as
            paragraphs (8) through (10), respectively; and

    [[Page 129 STAT. 1416]]

                (3) by inserting after paragraph (5) the following:
                ``(6) Requirements for project completion.--
                        ``(A) General term for expiration of provisional
                    application.--An application provisionally approved by
                    the Secretary under this subsection shall expire 3 years
                    after the date on which the application was
                    provisionally approved if the State has not--
                              ``(i) submitted a complete application to the
                          Secretary that fully satisfies the eligibility
                          criteria under paragraph (3) and the selection
                          criteria under paragraph (4);
                              ``(ii) completed the environmental review and
                          permitting process under the National
                          Environmental Policy Act of 1969 (42 U.S.C. 4321
                          et seq.) for the pilot project; and
                              ``(iii) executed a toll agreement with the
                          Secretary.
                        ``(B) Exceptions to expiration.--Notwithstanding
                    subparagraph (A), the Secretary may extend the
                    provisional approval for not more than 1 additional year
                    if the State demonstrates material progress toward
                    implementation of the project as evidenced by--
                              ``(i) substantial progress in completing the
                          environmental review and permitting process for
                          the pilot project under the National Environmental
                          Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                              ``(ii) funding and financing commitments for
                          the pilot project;
                              ``(iii) expressions of support for the pilot
                          project from State and local governments,
                          community interests, and the public; and
                              ``(iv) submission of a facility management
                          plan pursuant to paragraph (3)(D).
                        ``(C) Conditions for previously provisionally
                    approved applications.--A State with a provisionally
                    approved application for a pilot project as of the date
                    of enactment of the FAST Act shall have 1 year after
                    that date of enactment to meet the requirements of
                    subparagraph (A) or receive an extension from the
                    Secretary under subparagraph (B), or the application
                    will expire.
                ``(7) Definition.--In this subsection, the term `provisional
            approval' or `provisionally approved' means the approval by the
            Secretary of a partial application under this subsection,
            including the reservation of a slot in the pilot program.''.

        (d) <<NOTE: 23 USC 129 note.>> Approval of Applications.--The
    Secretary may approve an application submitted under section 1604(c) of
    SAFETEA-LU (Public Law 109-59; 119 Stat. 1253) if the application, or
    any part of the application, was submitted before the deadline specified
    in section 1604(c)(8) of that Act.
    SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING TRAINS.

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

    [[Page 129 STAT. 1417]]

    SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN,
                              PROPANE, AND NATURAL GAS FUELING
                              CORRIDORS.

        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by inserting after section 150 the following:
    ``Sec. 151. <<NOTE: 23 USC 151.>> National electric vehicle
                    charging and hydrogen, propane, and natural gas
                    fueling corridors

        ``(a) In General.--Not later than 1 year after the date of enactment
    of the FAST Act, the Secretary shall designate national electric vehicle
    charging and hydrogen, propane, and natural gas fueling corridors that
    identify the near- and long-term need for, and location of, electric
    vehicle charging infrastructure, hydrogen fueling infrastructure,
    propane fueling infrastructure, and natural gas fueling infrastructure
    at strategic locations along major national highways to improve the
    mobility of passenger and commercial vehicles that employ electric,
    hydrogen fuel cell, propane, and natural gas fueling technologies across
    the United States.
        ``(b) Designation of Corridors.--In designating the corridors under
    subsection (a), the Secretary shall--
                ``(1) solicit nominations from State and local officials for
            facilities to be included in the corridors;
                ``(2) incorporate existing electric vehicle charging,
            hydrogen fueling, propane fueling, and natural gas fueling
            corridors designated by a State or group of States; and
                ``(3) consider the demand for, and location of, existing
            electric vehicle charging stations, hydrogen fueling stations,
            propane fueling stations, and natural gas fueling
            infrastructure.

        ``(c) Stakeholders.--In designating corridors under subsection (a),
    the Secretary shall involve, on a voluntary basis, stakeholders that
    include--
                ``(1) the heads of other Federal agencies;
                ``(2) State and local officials;
                ``(3) representatives of--
                        ``(A) energy utilities;
                        ``(B) the electric, fuel cell electric, propane, and
                    natural gas vehicle industries;
                        ``(C) the freight and shipping industry;
                        ``(D) clean technology firms;
                        ``(E) the hospitality industry;
                        ``(F) the restaurant industry;
                        ``(G) highway rest stop vendors; and
                        ``(H) industrial gas and hydrogen manufacturers; and
                ``(4) such other stakeholders as the Secretary determines to
            be necessary.

        ``(d) Redesignation.--Not later than 5 years after the date of
    establishment of the corridors under subsection (a), and every 5 years
    thereafter, the Secretary shall update and redesignate the corridors.
        ``(e) Report.--During designation and redesignation of the corridors
    under this section, the Secretary shall issue a report that--
                ``(1) identifies electric vehicle charging infrastructure,
            hydrogen fueling infrastructure, propane fueling infrastructure,
            and natural gas fueling infrastructure and standardization needs
            for electricity providers, industrial gas providers, natural gas
            providers, infrastructure providers, vehicle manufacturers,
            electricity purchasers, and natural gas purchasers; and

    [[Page 129 STAT. 1418]]

                ``(2) establishes an aspirational goal of achieving
            strategic deployment of electric vehicle charging
            infrastructure, hydrogen fueling infrastructure, propane fueling
            infrastructure, and natural gas fueling infrastructure in those
            corridors by the end of fiscal year 2020.''.

        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code, <<NOTE: 23 USC prec. 101.>> is amended by inserting
    after the item relating to section 150 the following:

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

        (c) <<NOTE: 42 USC 6364.>> Operation of Battery Recharging Stations
    in Parking Areas Used by Federal Employees.--
                (1) Authorization.--
                        (A) In general.--The Administrator of General
                    Services may install, construct, operate, and maintain
                    on a reimbursable basis a battery recharging station (or
                    allow, on a reimbursable basis, the use of a 120-volt
                    electrical receptacle for battery recharging) in a
                    parking area that is in the custody, control, or
                    administrative jurisdiction of the General Services
                    Administration for the use of only privately owned
                    vehicles of employees of the General Services
                    Administration, tenant Federal agencies, and others who
                    are authorized to park in such area to the extent such
                    use by only privately owned vehicles does not interfere
                    with or impede access to the equipment by Federal fleet
                    vehicles.
                        (B) Areas under other federal agencies.--The
                    Administrator of General Services (on the request of a
                    Federal agency) or the head of a Federal agency may
                    install, construct, operate, and maintain on a
                    reimbursable basis a battery recharging station (or
                    allow, on a reimbursable basis, the use of a 120-volt
                    electrical receptacle for battery recharging) in a
                    parking area that is in the custody, control, or
                    administrative jurisdiction of the requesting Federal
                    agency, to the extent such use by only privately owned
                    vehicles does not interfere with or impede access to the
                    equipment by Federal fleet vehicles.
                        (C) Use of vendors.--The Administrator of General
                    Services, with respect to subparagraph (A) or (B), or
                    the head of a Federal agency, with respect to
                    subparagraph (B), may carry out such subparagraph
                    through a contract with a vendor, under such terms and
                    conditions (including terms relating to the allocation
                    between the Federal agency and the vendor of the costs
                    of carrying out the contract) as the Administrator or
                    the head of the Federal agency, as the case may be, and
                    the vendor may agree to.
                (2) Imposition of fees to cover costs.--
                        (A) Fees.--The Administrator of General Services or
                    the head of the Federal agency under paragraph (1)(B)
                    shall charge fees to the individuals who use the battery
                    recharging station in such amount as is necessary to
                    ensure that the respective agency recovers all of the
                    costs such agency incurs in installing, constructing,
                    operating, and maintaining the station.
                        (B) Deposit and availability of fees.--Any fees
                    collected by the Administrator of General Services or
                    the

    [[Page 129 STAT. 1419]]

                    Federal agency, as the case may be, under this paragraph
                    shall be--
                              (i) deposited monthly in the Treasury to the
                          credit of the respective agency's appropriations
                          account for the operations of the building where
                          the battery recharging station is located; and
                              (ii) available for obligation without further
                          appropriation during--
                                        (I) the fiscal year collected; and
                                        (II) the fiscal year following the
                                    fiscal year collected.
                (3) No effect on existing programs for house and senate.--
            Nothing in this subsection affects the installation,
            construction, operation, or maintenance of battery recharging
            stations by the Architect of the Capitol--
                        (A) under Public Law 112-170 (2 U.S.C. 2171),
                    relating to employees of the House of Representatives
                    and individuals authorized to park in any parking area
                    under the jurisdiction of the House of Representatives
                    on the Capitol Grounds; or
                        (B) under Public Law 112-167 (2 U.S.C. 2170),
                    relating to employees of the Senate and individuals
                    authorized to park in any parking area under the
                    jurisdiction of the Senate on the Capitol Grounds.
                (4) No effect on similar authorities.--Nothing in this
            subsection--
                        (A) repeals or limits any existing authorities of a
                    Federal agency to install, construct, operate, or
                    maintain battery recharging stations; or
                        (B) requires a Federal agency to seek reimbursement
                    for the costs of installing or constructing a battery
                    recharging station--
                              (i) that has been installed or constructed
                          prior to the date of enactment of this Act;
                              (ii) that is installed or constructed for
                          Federal fleet vehicles, but that receives
                          incidental use to recharge privately owned
                          vehicles; or
                              (iii) that is otherwise installed or
                          constructed pursuant to appropriations for that
                          purpose.
                (5) Annual report to congress.--Not later than 2 years after
            the date of enactment of this Act, and annually thereafter for
            10 years, the Administrator of General Services shall submit to
            the Committee on Transportation and Infrastructure of the House
            of Representatives and the Committee on Environment and Public
            Works of the Senate a report describing--
                        (A) the number of battery recharging stations
                    installed by the Administrator on the Administrator's
                    own initiative under this subsection;
                        (B) requests from other Federal agencies to install
                    battery recharging stations; and
                        (C) the status and disposition of requests from
                    other Federal agencies.
                (6) Federal agency defined.--In this subsection, the term
            ``Federal agency'' has the meaning given the term ``Executive
            agency'' in section 105 of title 5, United States Code, and
            includes--
                        (A) the United States Postal Service;

    [[Page 129 STAT. 1420]]

                        (B) the Executive Office of the President;
                        (C) the military departments (as defined in section
                    102 of title 5, United States Code); and
                        (D) the judicial branch.
                (7) Effective date.--This subsection shall apply with
            respect to fiscal year 2016 and each succeeding fiscal year.
    SEC. 1414. REPEAT OFFENDER CRITERIA.

        Section 164(a) of title 23, United States Code, is amended--
                (1) by redesignating paragraphs (1) through (4) as
            paragraphs (2) through (5), respectively;
                (2) by inserting before paragraph (2), as redesignated, the
            following:
                ``(1) 24-7 sobriety program.--The term `24-7 sobriety
            program' has the meaning given the term in section
            405(d)(7)(A).'';
                (3) in paragraph (5), as redesignated--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``or combination of laws or programs'' after
                    ``State law'';
                        (B) by amending subparagraph (A) to read as follows:
                        ``(A) receive, for a period of not less than 1
                    year--
                              ``(i) a suspension of all driving privileges;
                              ``(ii) a restriction on driving privileges
                          that limits the individual to operating only motor
                          vehicles with an ignition interlock device
                          installed, unless a special exception applies;
                              ``(iii) a restriction on driving privileges
                          that limits the individual to operating motor
                          vehicles only if participating in, and complying
                          with, a 24-7 sobriety program; or
                              ``(iv) any combination of clauses (i) through
                          (iii);'';
                        (C) by striking subparagraph (B);
                        (D) by redesignating subparagraphs (C) and (D) as
                    subparagraphs (B) and (C), respectively; and
                        (E) in subparagraph (C), as redesignated--
                              (i) in clause (i)(II) by inserting before the
                          semicolon the following: ``(unless the State
                          certifies that the general practice is that such
                          an individual will be incarcerated)''; and
                              (ii) in clause (ii)(II) by inserting before
                          the period at the end the following: ``(unless the
                          State certifies that the general practice is that
                          such an individual will receive 10 days of
                          incarceration)''; and
                (4) by adding at the end the following:
                ``(6) Special exception.--The term `special exception' means
            an exception under a State alcohol-ignition interlock law for
            the following circumstances:
                        ``(A) The individual is required to operate an
                    employer's motor vehicle in the course and scope of
                    employment and the business entity that owns the vehicle
                    is not owned or controlled by the individual.
                        ``(B) The individual is certified by a medical
                    doctor as being unable to provide a deep lung breath
                    sample for analysis by an ignition interlock device.''.

    [[Page 129 STAT. 1421]]

    SEC. 1415. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR
                              HABITAT AND FORAGE ON TRANSPORTATION
                              RIGHTS-OF-WAY.

        (a) In General.--Section 319 of title 23, United States Code, is
    amended--
                (1) in subsection (a) by inserting ``(including the
            enhancement of habitat and forage for pollinators)'' before
            ``adjacent''; and
                (2) by adding at the end the following:

        ``(c) Encouragement of Pollinator Habitat and Forage Development and
    Protection on Transportation Rights-of-way.--In carrying out any program
    administered by the Secretary under this title, the Secretary shall, in
    conjunction with willing States, as appropriate--
                ``(1) encourage integrated vegetation management practices
            on roadsides and other transportation rights-of-way, including
            reduced mowing; and
                ``(2) encourage the development of habitat and forage for
            Monarch butterflies, other native pollinators, and honey bees
            through plantings of native forbs and grasses, including
            noninvasive, native milkweed species that can serve as migratory
            way stations for butterflies and facilitate migrations of other
            pollinators.''.

        (b) Provision of Habitat, Forage, and Migratory Way Stations for
    Monarch Butterflies, Other Native Pollinators, and Honey Bees.--Section
    329(a)(1) of title 23, United States Code, is amended by inserting
    ``provision of habitat, forage, and migratory way stations for Monarch
    butterflies, other native pollinators, and honey bees,'' before ``and
    aesthetic enhancement''.
    SEC. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

        (a) Identification of High Priority Corridors on National Highway
    System.--Section 1105(c) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 190; 119 Stat. 1213)
    is amended--
                (1) by striking paragraph (13) and inserting the following:
                ``(13) Raleigh-Norfolk Corridor from Raleigh, North
            Carolina, through Rocky Mount, Williamston, and Elizabeth City,
            North Carolina, to Norfolk, Virginia.'';
                (2) in paragraph (18)(D)--
                        (A) in clause (ii) by striking ``and'' at the end;
                        (B) in clause (iii) by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                              ``(iv) include Texas State Highway 44 from
                          United States Route 59 at Freer, Texas, to Texas
                          State Highway 358.'';
                (3) by striking paragraph (68) and inserting the following:
                ``(68) The Washoe County Corridor and the Intermountain West
            Corridor, which shall generally follow--
                        ``(A) for the Washoe County Corridor, along
                    Interstate Route 580/United States Route 95/United
                    States Route 95A from Reno, Nevada, to Las Vegas,
                    Nevada; and
                        ``(B) for the Intermountain West Corridor, from the
                    vicinity of Las Vegas, Nevada, north along United States
                    Route 95 terminating at Interstate Route 80.''; and

    [[Page 129 STAT. 1422]]

                (4) by adding at the end the following:
                ``(81) United States Route 117/Interstate Route 795 from
            United States Route 70 in Goldsboro, Wayne County, North
            Carolina, to Interstate Route 40 west of Faison, Sampson County,
            North Carolina.
                ``(82) United States Route 70 from its intersection with
            Interstate Route 40 in Garner, Wake County, North Carolina, to
            the Port at Morehead City, Carteret County, North Carolina.
                ``(83) The Sonoran Corridor along State Route 410 connecting
            Interstate Route 19 and Interstate Route 10 south of the Tucson
            International Airport.
                ``(84) The Central Texas Corridor commencing at the logical
            terminus of Interstate Route 10, generally following portions of
            United States Route 190 eastward, passing in the vicinity Fort
            Hood, Killeen, Belton, Temple, Bryan, College Station,
            Huntsville, Livingston, and Woodville, to the logical terminus
            of Texas Highway 63 at the Sabine River Bridge at Burrs
            Crossing.
                ``(85) Interstate Route 81 in New York from its intersection
            with Interstate Route 86 to the United States-Canadian border.
                ``(86) Interstate Route 70 from Denver, Colorado, to Salt
            Lake City, Utah.
                ``(87) The Oregon 99W Newberg-Dundee Bypass Route between
            Newberg, Oregon, and Dayton, Oregon.
                ``(88) Interstate Route 205 in Oregon from its intersection
            with Interstate Route 5 to the Columbia River.''.

        (b) Inclusion of Certain Route Segments on Interstate System.--
    Section 1105(e)(5)(A) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 Stat. 1213) is
    amended in the first sentence--
                (1) by inserting ``subsection (c)(13),'' after ``subsection
            (c)(9),'';
                (2) by striking ``subsections (c)(18)'' and all that follows
            through ``subsection (c)(36)'' and inserting ``subsection
            (c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of
            subsection (c)(26), subsection (c)(36)''; and
                (3) by striking ``and subsection (c)(57)'' and inserting
            ``subsection (c)(57), subsection (c)(68)(B), subsection (c)(81),
            subsection (c)(82), and subsection (c)(83)''.

        (c) Designation.--Section 1105(e)(5)(C)(i) of the Intermodal Surface
    Transportation Efficiency Act of 1991 (109 Stat. 598; 126 Stat. 427) is
    amended by striking the final sentence and inserting the following:
    ``The routes referred to in subparagraphs (A) and (B)(i) of subsection
    (c)(26) and in subsection (c)(68)(B) are designated as Interstate Route
    I-11. The route referred to in subsection (c)(84) is designated as
    Interstate Route I-14.''.
        (d) Future Interstate Designation.--Section 119(a) of the SAFETEA-LU
    Technical Corrections Act of 2008 (122 Stat. 1608) is amended by
    striking ``and, as a future Interstate Route 66 Spur, the Natcher
    Parkway in Owensboro, Kentucky'' and inserting ``between Henderson,
    Kentucky, and Owensboro, Kentucky, and, as a future Interstate Route 65
    and 66 Spur, the William H. Natcher Parkway between Bowling Green,
    Kentucky, and Owensboro, Kentucky''.

    [[Page 129 STAT. 1423]]

    SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING.

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

        (b) Clerical Amendment.--The table of contents in section 1(b) of
    such Act is amended by striking the item relating to section 1409 and
    inserting the following:

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

    SEC. 1418. CONSOLIDATION OF PROGRAMS.

        Section 1519(a) of MAP-21 (126 Stat. 574) is amended by striking
    ``From administrative funds'' and all that follows through ``shall be
    made available'' and inserting ``For each of fiscal years 2016 through
    2020, before making an apportionment under section 104(b)(3) of title
    23, United States Code, the Secretary shall set aside, from amounts made
    available to carry out the highway safety improvement program under
    section 148 of such title for the fiscal year, $3,500,000''.
    SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING
                              REQUIREMENTS.

        (a) Fundamental Properties of Asphalts Report.--Section 6016(e) of
    the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
    2183) is repealed.
        (b) Express Lanes Demonstration Program Reports.--Section
    1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.
    SEC. <<NOTE: 23 USC 101 note.>> 1420. FLEXIBILITY FOR PROJECTS.

        (a) Authority.--With respect to projects eligible for funding under
    title 23, United States Code, subject to subsection (b) and on request
    by a State, the Secretary may--
                (1) exercise all existing flexibilities under and exceptions
            to--
                        (A) the requirements of title 23, United States
                    Code; and
                        (B) other requirements administered by the
                    Secretary, in whole or part; and
                (2) otherwise provide additional flexibility or expedited
            processing with respect to the requirements described in
            paragraph (1).

        (b) Maintaining Protections.--Nothing in this section--
                (1) waives the requirements of section 113 or 138 of title
            23, United States Code;
                (2) supersedes, amends, or modifies--
                        (A) the National Environmental Policy Act of 1969
                    (42 U.S.C. 4321 et seq.) or any other Federal
                    environmental law; or
                        (B) any requirement of title 23 or title 49, United
                    States Code; or
                (3) affects the responsibility of any Federal officer to
            comply with or enforce any law or requirement described in this
            subsection.

    [[Page 129 STAT. 1424]]

    SEC. <<NOTE: 23 USC 101 note.>> 1421. PRODUCTIVE AND TIMELY
                              EXPENDITURE OF FUNDS.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary shall develop guidance that encourages the
    use of programmatic approaches to project delivery, expedited and
    prudent procurement techniques, and other best practices to facilitate
    productive, effective, and timely expenditure of funds for projects
    eligible for funding under title 23, United States Code.
        (b) Implementation.--The Secretary shall work with States to ensure
    that any guidance developed under subsection (a) is consistently
    implemented by States and the Federal Highway Administration to--
                (1) avoid unnecessary delays in completing projects;
                (2) minimize cost overruns; and
                (3) ensure the effective use of Federal funding.
    SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES.

        (a) In General.--Subject to subsection (c), the Administrator of the
    Federal Highway Administration (referred to in this section as the
    ``Administrator'') shall commission the Transportation Research Board of
    the National Academy of Sciences to conduct a study on the performance
    of bridges that received funding under the innovative bridge research
    and construction program (referred to in this section as the
    ``program'') under section 503(b) of title 23, United States Code (as in
    effect on the day before the date of enactment of SAFETEA-LU (Public Law
    109-59; 119 Stat. 1144)) in meeting the goals of that program, which
    included--
                (1) the development of new, cost-effective innovative
            material highway bridge applications;
                (2) the reduction of maintenance costs and lifecycle costs
            of bridges, including the costs of new construction,
            replacement, or rehabilitation of deficient bridges;
                (3) the development of construction techniques to increase
            safety and reduce construction time and traffic congestion;
                (4) the development of engineering design criteria for
            innovative products and materials for use in highway bridges and
            structures;
                (5) the development of cost-effective and innovative
            techniques to separate vehicle and pedestrian traffic from
            railroad traffic;
                (6) the development of highway bridges and structures that
            will withstand natural disasters, including alternative
            processes for the seismic retrofit of bridges; and
                (7) the development of new nondestructive bridge evaluation
            technologies and techniques.

        (b) Contents.--The study commissioned under subsection (a) shall
    include--
                (1) an analysis of the performance of bridges that received
            funding under the program in meeting the goals described in
            paragraphs (1) through (7) of subsection (a);
                (2) an analysis of the utility, compared to conventional
            materials and technologies, of each of the innovative materials
            and technologies used in projects for bridges under the program
            in meeting the needs of the United States in 2015 and in the
            future for a sustainable and low lifecycle cost transportation
            system;
                (3) recommendations to Congress on how the installed and
            lifecycle costs of bridges could be reduced through the use

    [[Page 129 STAT. 1425]]

            of innovative materials and technologies, including, as
            appropriate, any changes in the design and construction of
            bridges needed to maximize the cost reductions; and
                (4) a summary of any additional research that may be needed
            to further evaluate innovative approaches to reducing the
            installed and lifecycle costs of highway bridges.

        (c) Public Comment.--Before commissioning the study under subsection
    (a), the Administrator shall provide an opportunity for public comment
    on the study proposal.
        (d) Data From States.--Each State that received funds under the
    program shall provide to the Transportation Research Board any relevant
    data needed to carry out the study commissioned under subsection (a).
        (e) Deadline.--The Administrator shall submit to Congress the study
    commissioned under subsection (a) not later than 3 years after the date
    of enactment of this Act.
    SEC. <<NOTE: 23 USC 137 note.>> 1423. RELINQUISHMENT OF PARK-AND-
                              RIDE LOT FACILITIES.

        A State transportation agency may relinquish park-and-ride lot
    facilities or portions of park-and-ride lot facilities to a local
    government agency for highway purposes if authorized to do so under
    State law if the agreement providing for the relinquishment provides
    that--
                (1) rights-of-way on the Interstate System will remain
            available for future highway improvements; and
                (2) modifications to the facilities that could impair the
            highway or interfere with the free and safe flow of traffic are
            subject to the approval of the Secretary.
    SEC. <<NOTE: 23 USC 116 note.>> 1424. PILOT PROGRAM.

        (a) In General.--The Administrator of the Federal Highway
    Administration (referred to in this section as the ``Administrator'')
    may establish a pilot program that allows a State to utilize innovative
    approaches to maintain the right-of-way of Federal-aid highways within
    the State.
        (b) Limitation.--A pilot program established under subsection (a)
    shall--
                (1) terminate after not more than 4 years;
                (2) include not more than 5 States; and
                (3) be subject to guidelines published by the Administrator.

        (c) Report.--If the Administrator establishes a pilot program under
    subsection (a), the Administrator shall, not more than 1 year after the
    completion of the pilot program, submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a report on
    the results of the pilot program.
        (d) Savings Provision.--Nothing in this section may be construed to
    affect the requirements of section 111 of title 23, United States Code.
    SEC. <<NOTE: 23 USC 131 note.>> 1425. SERVICE CLUB, CHARITABLE
                              ASSOCIATION, OR RELIGIOUS SERVICE SIGNS.

        Notwithstanding section 131 of title 23, United States Code, and
    part 750 of title 23, Code of Federal Regulations (or successor
    regulations), if a State notifies the Federal Highway Administration,
    the State may allow the maintenance of a sign of a service club,
    charitable association, or religious service organization--

    [[Page 129 STAT. 1426]]

                (1) that exists on the date of enactment of this Act (or was
            removed in the 3-year period ending on such date of enactment);
            and
                (2) the area of which is less than or equal to 32 square
            feet.
    SEC. <<NOTE: 23 USC 101 note.>> 1426. MOTORCYCLIST ADVISORY
                              COUNCIL.

        The Secretary, acting through the Administrator of the Federal
    Highway Administration, shall appoint a Motorcyclist Advisory Council to
    coordinate with and advise the Administrator on infrastructure issues of
    concern to motorcyclists, including--
                (1) barrier design;
                (2) road design, construction, and maintenance practices;
            and
                (3) the architecture and implementation of intelligent
            transportation system technologies.
    SEC. 1427. HIGHWAY WORK ZONES.

        It is the sense of Congress that the Federal Highway Administration
    should--
                (1) do all within its power to protect workers in highway
            work zones; and
                (2) move rapidly to finalize regulations, as directed in
            section 1405 of MAP-21 (126 Stat. 560), to protect the lives and
            safety of construction workers in highway work zones from
            vehicle intrusions.
    SEC. <<NOTE: 23 USC 101 note.>> 1428. USE OF DURABLE, RESILIENT,
                              AND SUSTAINABLE MATERIALS AND PRACTICES.

        To the extent practicable, the Secretary shall encourage the use of
    durable, resilient, and sustainable materials and practices, including
    the use of geosynthetic materials and other innovative technologies, in
    carrying out the activities of the Federal Highway Administration.
    SEC. 1429. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE
                              DEVICES.

        (a) Study.--The Secretary shall conduct a study on methods for
    identifying roadside highway safety hardware devices to improve the data
    collected on the devices, as necessary for in-service evaluation of the
    devices.
        (b) Contents.--In conducting the study under subsection (a), the
    Secretary shall evaluate identification methods based on the ability of
    the method--
                (1) to convey information on the devices, including
            manufacturing date, factory of origin, product brand, and model;
                (2) to withstand roadside conditions; and
                (3) to connect to State and regional inventories of similar
            devices.

        (c) Identification Methods.--The identification methods to be
    studied under this section include stamped serial numbers, radio-
    frequency identification, and such other methods as the Secretary
    determines appropriate.
        (d) Report to Congress.--Not later than January 1, 2018, the
    Secretary shall submit to Congress a report on the results of the study
    under subsection (a).

    [[Page 129 STAT. 1427]]

    SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY.

        It is the sense of Congress that the Department should utilize, to
    the fullest and most economically feasible extent practicable, modeling
    and simulation technology to analyze highway and public transportation
    projects authorized by this Act to ensure that these projects--
                (1) will increase transportation capacity and safety,
            alleviate congestion, and reduce travel time and environmental
            impacts; and
                (2) are as cost effective as practicable.
    SEC. <<NOTE: 49 USC 301 note.>> 1431. NATIONAL ADVISORY COMMITTEE
                              ON TRAVEL AND TOURISM INFRASTRUCTURE.

        (a) Findings.--Congress finds that--
                (1) 1 out of every 9 jobs in the United States depends on
            travel and tourism, and the industry supports 15,000,000 jobs in
            the United States;
                (2) the travel and tourism industry employs individuals in
            all 50 States, the District of Columbia, and all of the
            territories of the United States;
                (3) international travel to the United States is the single
            largest export industry in the United States, generating a trade
            surplus balance of approximately $74,000,000,000;
                (4) travel and tourism provide significant economic benefits
            to the United States by generating nearly $2,100,000,000,000 in
            annual economic output; and
                (5) the United States intermodal transportation network
            facilitates the large-scale movement of business and leisure
            travelers, and is the most important asset of the travel
            industry.

        (b) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish an advisory
    committee to be known as the National Advisory Committee on Travel and
    Tourism Infrastructure (referred to in this section as the
    ``Committee'') to provide information, advice, and recommendations to
    the Secretary on matters relating to the role of intermodal
    transportation in facilitating mobility related to travel and tourism
    activities.
        (c) Membership.--The Committee shall--
                (1) be composed of members appointed by the Secretary for
            terms of not more than 3 years; and
                (2) include a representative cross-section of public and
            private sector stakeholders involved in the travel and tourism
            industry, including representatives of--
                        (A) the travel and tourism industry, product and
                    service providers, and travel and tourism-related
                    associations;
                        (B) travel, tourism, and destination marketing
                    organizations;
                        (C) the travel and tourism-related workforce;
                        (D) State tourism offices;
                        (E) State departments of transportation;
                        (F) regional and metropolitan planning
                    organizations; and
                        (G) local governments.

        (d) Role of Committee.--The Committee shall--
                (1) advise the Secretary on current and emerging priorities,
            issues, projects, and funding needs related to the use of the

    [[Page 129 STAT. 1428]]

            intermodal transportation network of the United States to
            facilitate travel and tourism;
                (2) serve as a forum for discussion for travel and tourism
            stakeholders on transportation issues affecting interstate and
            interregional mobility of passengers;
                (3) promote the sharing of information between the private
            and public sectors on transportation issues impacting travel and
            tourism;
                (4) gather information, develop technical advice, and make
            recommendations to the Secretary on policies that improve the
            condition and performance of an integrated national
            transportation system that--
                        (A) is safe, economical, and efficient; and
                        (B) maximizes the benefits to the United States
                    generated through the travel and tourism industry;
                (5) identify critical transportation facilities and
            corridors that facilitate and support the interstate and
            interregional transportation of passengers for tourism,
            commercial, and recreational activities;
                (6) provide for development of measures of condition,
            safety, and performance for transportation related to travel and
            tourism;
                (7) provide for development of transportation investment,
            data, and planning tools to assist Federal, State, and local
            officials in making investment decisions relating to
            transportation projects that improve travel and tourism; and
                (8) address other issues of transportation policy and
            programs impacting the movement of travelers for tourism and
            recreational purposes, including by making legislative
            recommendations.

        (e) National Travel and Tourism Infrastructure Strategic Plan.--Not
    later than 3 years after the date of enactment of this Act, the
    Secretary, in consultation with the Committee, State departments of
    transportation, and other appropriate public and private transportation
    stakeholders, shall develop and post on the public Internet website of
    the Department a national travel and tourism infrastructure strategic
    plan that includes--
                (1) an assessment of the condition and performance of the
            national transportation network;
                (2) an identification of the issues on the national
            transportation network that create significant congestion
            problems and barriers to long-haul passenger travel and tourism;
                (3) forecasts of long-haul passenger travel and tourism
            volumes for the 20-year period beginning in the year during
            which the plan is issued;
                (4) an identification of the major transportation facilities
            and corridors for current and forecasted long-haul travel and
            tourism volumes, the identification of which shall be revised,
            as appropriate, in subsequent plans;
                (5) an assessment of statutory, regulatory, technological,
            institutional, financial, and other barriers to improved long-
            haul passenger travel performance (including opportunities for
            overcoming the barriers);
                (6) best practices for improving the performance of the
            national transportation network; and
                (7) strategies to improve intermodal connectivity for long-
            haul passenger travel and tourism.

    [[Page 129 STAT. 1429]]

    SEC. <<NOTE: 23 USC 109 note.>> 1432. EMERGENCY EXEMPTIONS.

        (a) In General.--Any road, highway, railway, bridge, or transit
    facility that is damaged by an emergency that is declared by the
    Governor of the State, with the concurrence of the Secretary of Homeland
    Security, or declared as an emergency by the President pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.), and that is in operation or under construction on
    the date on which the emergency occurs may be reconstructed in the same
    location with the same capacity, dimensions, and design as before the
    emergency subject to the exemptions and expedited procedures under
    subsection (b).
        (b) Exemptions and Expedited Procedures.--
                (1) Alternative arrangements.--Alternative arrangements for
            an emergency under section 1506.11 of title 40, Code of Federal
            Regulations (as in effect on the date of enactment of this Act)
            shall apply to reconstruction under subsection (a), and the
            reconstruction shall be considered necessary to control the
            immediate impacts of the emergency.
                (2) Stormwater discharge permits.--A general permit for
            stormwater discharges from construction activities, if
            available, issued by the Administrator of the Environmental
            Protection Agency or the director of a State program under
            section 402(p) of the Federal Water Pollution Control Act (33
            U.S.C. 1342(p)), as applicable, shall apply to reconstruction
            under subsection (a), on submission of a notice of intent to be
            subject to the permit.
                (3) Emergency procedures.--The emergency procedures for
            issuing permits in accordance with section 325.2(e)(4) of title
            33, Code of Federal Regulations (as in effect on the date of
            enactment of this Act) shall apply to reconstruction under
            subsection (a), and the reconstruction shall be considered an
            emergency under that regulation.
                (4) National historic preservation act exemption.--
            Reconstruction under subsection (a) is eligible for an exemption
            from the requirements of the National Historic Preservation Act
            of 1966 pursuant to part 78 of title 36, Code of Federal
            Regulations (as in effect on the date of enactment of this Act).
                (5) Endangered species act exemption.--An exemption from the
            requirements of the Endangered Species Act of 1973 (16 U.S.C.
            1531 et seq.) pursuant to section 7(p) of that Act (16 U.S.C.
            1536(p)) shall apply to reconstruction under subsection (a) and,
            if the President makes the determination required under section
            7(p) of that Act, the determinations required under subsections
            (g) and (h) of that section shall be deemed to be made.
                (6) Expedited consultation under endangered species act.--
            Expedited consultation pursuant to section 402.05 of title 50,
            Code of Federal Regulations (as in effect on the date of
            enactment of this Act) shall apply to reconstruction under
            subsection (a).
                (7) Other exemptions.--Any reconstruction that is exempt
            under paragraph (5) shall also be exempt from requirements
            under--
                        (A) the Migratory Bird Treaty Act (16 U.S.C. 703 et
                    seq.);

    [[Page 129 STAT. 1430]]

                        (B) the Wild and Scenic Rivers Act (16 U.S.C. 1271
                    et seq.); and
                        (C) the Fish and Wildlife Coordination Act (16
                    U.S.C. 661 et seq.).
    SEC. 1433. <<NOTE: 23 USC 101 note.>> REPORT ON HIGHWAY TRUST FUND
                              ADMINISTRATIVE EXPENDITURES.

        (a) Initial Report.--Not later than 150 days after the date of
    enactment of this Act, the Comptroller General of the United States
    shall submit to Congress a report describing the administrative expenses
    of the Federal Highway Administration funded from the Highway Trust Fund
    during the 3 most recent fiscal years.
        (b) Updates.--Not later than 5 years after the date on which the
    report is submitted under subsection (a) and every 5 years thereafter,
    the Comptroller General shall submit to Congress a report that updates
    the information provided in the report under that subsection for the
    preceding 5-year period.
        (c) Inclusions.--Each report submitted under subsection (a) or (b)
    shall include a description of--
                (1) the types of administrative expenses of programs and
            offices funded by the Highway Trust Fund;
                (2) the tracking and monitoring of administrative expenses;
                (3) the controls in place to ensure that funding for
            administrative expenses is used as efficiently as practicable;
            and
                (4) the flexibility of the Department to reallocate amounts
            from the Highway Trust Fund between full-time equivalent
            employees and other functions.
    SEC. 1434. <<NOTE: 49 USC 308 note.>> AVAILABILITY OF REPORTS.

        (a) In General.--The Secretary shall make available to the public on
    the website of the Department any report required to be submitted by the
    Secretary to Congress after the date of enactment of this Act.
        (b) Deadline.--Each report described in subsection (a) shall be made
    available on the website not later than 30 days after the report is
    submitted to Congress.
    SEC. 1435. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

        Section 1528 of MAP-21 (40 U.S.C. 14501 note; Public Law 112-141) is
    amended--
                (1) by striking ``2021'' each place it appears and inserting
            ``2050''; and
                (2) by striking ``shall be 100 percent'' each place it
            appears and inserting ``shall be up to 100 percent, as
            determined by the State''.
    SEC. 1436. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.

        (a) High-speed Broadband Development Initiative.--
                (1) In general.--Subchapter I of chapter 145 of subtitle IV
            of title 40, United States Code, is amended by adding at the end
            the following:
    ``Sec. 14509. <<NOTE: 40 USC 14509.>> High-speed broadband
                        deployment initiative

        ``(a) In General.--The Appalachian Regional Commission may provide
    technical assistance, make grants, enter into contracts, or otherwise
    provide amounts to individuals or entities in the Appalachian region for
    projects and activities--

    [[Page 129 STAT. 1431]]

                ``(1) to increase affordable access to broadband networks
            throughout the Appalachian region;
                ``(2) to conduct research, analysis, and training to
            increase broadband adoption efforts in the Appalachian region;
                ``(3) to provide technology assets, including computers,
            smartboards, and video projectors to educational systems
            throughout the Appalachian region;
                ``(4) to increase distance learning opportunities throughout
            the Appalachian region;
                ``(5) to increase the use of telehealth technologies in the
            Appalachian region; and
                ``(6) to promote e-commerce applications in the Appalachian
            region.

        ``(b) Limitation on Available Amounts.--Of the cost of any activity
    eligible for a grant under this section--
                ``(1) not more than 50 percent may be provided from amounts
            appropriated to carry out this section; and
                ``(2) notwithstanding paragraph (1)--
                        ``(A) in the case of a project to be carried out in
                    a county for which a distressed county designation is in
                    effect under section 14526, not more than 80 percent may
                    be provided from amounts appropriated to carry out this
                    section; and
                        ``(B) in the case of a project to be carried out in
                    a county for which an at-risk designation is in effect
                    under section 14526, not more than 70 percent may be
                    provided from amounts appropriated to carry out this
                    section.

        ``(c) Sources of Assistance.--Subject to subsection (b), a grant
    provided under this section may be provided from amounts made available
    to carry out this section in combination with amounts made available--
                ``(1) under any other Federal program; or
                ``(2) from any other source.

        ``(d) Federal Share.--Notwithstanding any provision of law limiting
    the Federal share under any other Federal program, amounts made
    available to carry out this section may be used to increase that Federal
    share, as the Appalachian Regional Commission determines to be
    appropriate.''.
                (2) Conforming amendment.--The analysis for chapter 145 of
            title 40, United States Code, <<NOTE: 40 USC prec. 14501.>> is
            amended by inserting after the item relating to section 14508
            the following:

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

        (b) Authorization of Appropriations.--Section 14703 of title 40,
    United States Code, is amended--
                (1) in subsection (a)(5), by striking ``fiscal year 2012''
            and inserting ``each of fiscal years 2012 through 2020'';
                (2) by redesignating subsections (c) and (d) as subsections
            (d) and (e), respectively; and
                (3) by inserting after subsection (b) the following:

        ``(c) High-speed Broadband Deployment Initiative.--Of the amounts
    made available under subsection (a), $10,000,000 may be used to carry
    out section 14509 for each of fiscal years 2016 through 2020.''.
        (c) Termination.--Section 14704 of title 40, United States Code, is
    amended by striking ``2012'' and inserting ``2020''.

    [[Page 129 STAT. 1432]]

        (d) <<NOTE: 40 USC 14509 note.>> Effective Date.--This section and
    the amendments made by this section take effect on October 1, 2015.
    SEC. 1437. <<NOTE: 23 USC 101 note.>> BORDER STATE INFRASTRUCTURE.

        (a) In General.--After consultation with relevant transportation
    planning organizations, the Governor of a State that shares a land
    border with Canada or Mexico may designate for each fiscal year not more
    than 5 percent of the funds made available to the State under section
    133(d)(1)(B) of title 23, United States Code, for border infrastructure
    projects eligible under section 1303 of SAFETEA-LU (23 U.S.C. 101 note;
    119 Stat. 1207).
        (b) Use of Funds.--Funds designated under this section shall be
    available under the requirements of section 1303 of SAFETEA-LU (23
    U.S.C. 101 note; 119 Stat. 1207).
        (c) Certification.--Before making a designation under subsection
    (a), the Governor shall certify that the designation is consistent with
    transportation planning requirements under title 23, United States Code.
        (d) Notification.--Not later than 30 days after making a designation
    under subsection (a), the Governor shall submit to the relevant
    transportation planning organizations within the border region a written
    notification of any suballocated or distributed amount of funds
    available for obligation by jurisdiction.
        (e) Limitation.--This section applies only to funds apportioned to a
    State after the date of enactment of this Act.
        (f) Deadline for Designation.--A designation under subsection (a)
    shall--
                (1) be submitted to the Secretary not later than 30 days
            before the first day of the fiscal year for which the
            designation is being made; and
                (2) remain in effect for the funds designated under
            subsection (a) for a fiscal year until the Governor of the State
            notifies the Secretary of the termination of the designation.

        (g) Unobligated Funds After Termination.--Effective beginning on the
    date of a termination under subsection (f)(2), all remaining unobligated
    funds that were designated under subsection (a) for the fiscal year for
    which the designation is being terminated shall be made available to the
    State for the purposes described in section 133(d)(1)(B) of title 23,
    United States Code.
    SEC. 1438. ADJUSTMENTS.

        (a) In General.--On July 1, 2020, of the unobligated balances of
    funds apportioned among the States under chapter 1 of title 23, United
    States Code, a total of $7,569,000,000 is permanently rescinded.
        (b) Exclusions From Rescission.--The rescission under subsection (a)
    shall not apply to funds distributed in accordance with--
                (1) sections 104(b)(3) and 130(f) of title 23, United States
            Code;
                (2) section 133(d)(1)(A) of such title;
                (3) the first sentence of section 133(d)(3)(A) of such
            title, as in effect on the day before the date of enactment of
            MAP-21 (Public Law 112-141);
                (4) sections 133(d)(1) and 163 of such title, as in effect
            on the day before the date of enactment of SAFETEA-LU (Public
            Law 109-59); and

    [[Page 129 STAT. 1433]]

                (5) section 104(b)(5) of such title, as in effect on the day
            before the date of enactment of MAP-21 (Public Law 112-141).

        (c) Distribution Among States.--The amount to be rescinded under
    this section from a State shall be determined by multiplying the total
    amount of the rescission in subsection (a) by the ratio that--
                (1) the unobligated balances subject to the rescission as of
            September 30, 2019, for the State; bears to
                (2) the unobligated balances subject to the rescission as of
            September 30, 2019, for all States.

        (d) Distribution Within Each State.--The amount to be rescinded
    under this section from each program to which the rescission applies
    within a State shall be determined by multiplying the required
    rescission amount calculated under subsection (c) for such State by the
    ratio that--
                (1) the unobligated balance as of September 30, 2019, for
            such program in such State; bears to
                (2) the unobligated balances as of September 30, 2019, for
            all programs to which the rescission applies in such State.
    SEC. 1439. <<NOTE: 16 USC 703 note.>> ELIMINATION OF BARRIERS TO
                              IMPROVE AT-RISK BRIDGES.

        (a) Temporary Authorization.--
                (1) In general.--Until the Secretary of the Interior takes
            the action described in subsection (b), the take of nesting
            swallows to facilitate a construction project on a bridge
            eligible for funding under title 23, United States Code, with
            any component condition rating of 3 or less (as defined by the
            National Bridge Inventory General Condition Guidance issued by
            the Federal Highway Administration) is authorized under the
            Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between April
            1 and August 31.
                (2) Measures to minimize impacts.--
                        (A) Notification before taking.--Prior to the taking
                    of nesting swallows authorized under paragraph (1), any
                    person taking that action shall submit to the Secretary
                    of the Interior a document that contains--
                              (i) the name of the person acting under the
                          authority of paragraph (1) to take nesting
                          swallows;
                              (ii) a list of practicable measures that will
                          be undertaken to minimize or mitigate significant
                          adverse impacts on the population of that species;
                              (iii) the time period during which activities
                          will be carried out that will result in the taking
                          of that species; and
                              (iv) an estimate of the number of birds, by
                          species, to be taken in the proposed action.
                        (B) Notification after taking.--Not later than 60
                    days after the taking of nesting swallows authorized
                    under paragraph (1), any person taking that action shall
                    submit to the Secretary of the Interior a document that
                    contains the number of birds, by species, taken in the
                    action.

        (b) Authorization of Take.--
                (1) In general.--The Secretary of the Interior, in
            consultation with the Secretary, shall promulgate a regulation
            under the authority of section 3 of the Migratory Bird Treaty
            Act

    [[Page 129 STAT. 1434]]

            (16 U.S.C. 704) authorizing the take of nesting swallows to
            facilitate bridge repair, maintenance, or construction--
                        (A) without individual permit requirements; and
                        (B) under terms and conditions determined to be
                    consistent with treaties relating to migratory birds
                    that protect swallow species occurring in the United
                    States.
                (2) Termination.--On the effective date of a final rule
            under this subsection by the Secretary of the Interior,
            subsection (a) shall have no force or effect.

        (c) Suspension or Withdrawal of Take Authorization.--If the
    Secretary of the Interior, in consultation with the Secretary,
    determines that taking of nesting swallows carried out under the
    authority provided in subsection (a)(1) is having a significant adverse
    impact on swallow populations, the Secretary of the Interior may suspend
    that authority through publication in the Federal Register.
    SEC. 1440. <<NOTE: 23 USC 121 note.>> AT-RISK PROJECT PREAGREEMENT
                              AUTHORITY.

        (a) Definition of Preliminary Engineering.--In this section, the
    term ``preliminary engineering'' means allowable preconstruction project
    development and engineering costs.
        (b) At-risk Project Preagreement Authority.--A recipient or
    subrecipient of Federal-aid funds under title 23, United States Code,
    may--
                (1) incur preliminary engineering costs for an eligible
            project under title 23, United States Code, before receiving
            project authorization from the State, in the case of a
            subrecipient, and the Secretary to proceed with the project; and
                (2) request reimbursement of applicable Federal funds after
            the project authorization is received.

        (c) Eligibility.--The Secretary may reimburse preliminary
    engineering costs incurred by a recipient or subrecipient under
    subsection (b)--
                (1) if the costs meet all applicable requirements under
            title 23, United States Code, at the time the costs are incurred
            and the Secretary concurs that the requirements have been met;
                (2) in the case of a project located within a designated
            nonattainment or maintenance area for air quality, if the
            conformity requirements of the Clean Air Act (42 U.S.C. 7401 et
            seq.) have been met; and
                (3) if the costs would have been allowable if incurred after
            the date of the project authorization by the Department.

        (d) At-risk.--A recipient or subrecipient that elects to use the
    authority provided under this section shall--
                (1) assume all risk for preliminary engineering costs
            incurred prior to project authorization; and
                (2) be responsible for ensuring and demonstrating to the
            Secretary that all applicable cost eligibility conditions are
            met after the authorization is received.

        (e) Restrictions.--Nothing in this section--
                (1) allows a recipient or subrecipient to use the authority
            under this section to advance a project beyond preliminary
            engineering prior to the completion of the environmental review
            process;
                (2) waives the applicability of Federal requirements to a
            project other than the reimbursement of preliminary

    [[Page 129 STAT. 1435]]

            engineering costs incurred prior to an authorization to proceed
            in accordance with this section; or
                (3) guarantees Federal funding of the project or the
            eligibility of the project for future Federal-aid highway
            funding.
    SEC. 1441. <<NOTE: 23 USC 601 note.>> REGIONAL INFRASTRUCTURE
                              ACCELERATOR DEMONSTRATION PROGRAM.

        (a) In General.--The Secretary shall establish a regional
    infrastructure demonstration program (referred to in this section as the
    ``program'') to assist entities in developing improved infrastructure
    priorities and financing strategies for the accelerated development of a
    project that is eligible for funding under the TIFIA program under
    chapter 6 of title 23, United States Code.
        (b) Designation of Regional Infrastructure Accelerators.--In
    carrying out the program, the Secretary may designate regional
    infrastructure accelerators that will--
                (1) serve a defined geographic area; and
                (2) act as a resource in the geographic area to qualified
            entities in accordance with this section.

        (c) Application.--To be eligible for a designation under subsection
    (b), a proposed regional infrastructure accelerator shall submit to the
    Secretary a proposal at such time, in such manner, and containing such
    information as the Secretary may require.
        (d) Criteria.--In evaluating a proposal submitted under subsection
    (c), the Secretary shall consider--
                (1) the need for geographic diversity among regional
            infrastructure accelerators; and
                (2) the ability of the proposal to promote investment in
            covered infrastructure projects, which shall include a plan--
                        (A) to evaluate and promote innovative financing
                    methods for local projects, including the use of the
                    TIFIA program under chapter 6 of title 23, United States
                    Code;
                        (B) to build capacity of State, local, and tribal
                    governments to evaluate and structure projects involving
                    the investment of private capital;
                        (C) to provide technical assistance and information
                    on best practices with respect to financing the
                    projects;
                        (D) to increase transparency with respect to
                    infrastructure project analysis and using innovative
                    financing for public infrastructure projects;
                        (E) to deploy predevelopment capital programs
                    designed to facilitate the creation of a pipeline of
                    infrastructure projects available for investment;
                        (F) to bundle smaller-scale and rural projects into
                    larger proposals that may be more attractive for
                    investment; and
                        (G) to reduce transaction costs for public project
                    sponsors.

        (e) Annual Report.--Not less frequently than once each year, the
    Secretary shall submit to Congress a report that describes the findings
    and effectiveness of the program.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the program $12,000,000, of which the
    Secretary shall use--
                (1) $11,750,000 for initial grants to regional
            infrastructure accelerators under subsection (b); and

    [[Page 129 STAT. 1436]]

                (2) $250,000 for administrative costs of carrying out the
            program.
    SEC. 1442. <<NOTE: 23 USC 109 note.>> SAFETY FOR USERS.

        (a) In General.--The Secretary shall encourage each State and
    metropolitan planning organization to adopt standards for the design of
    Federal surface transportation projects that provide for the safe and
    adequate accommodation (as determined by the State) of all users of the
    surface transportation network, including motorized and nonmotorized
    users, in all phases of project planning, development, and operation.
        (b) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall make available to the public a report
    cataloging examples of State law or State transportation policy that
    provide for the safe and adequate accommodation of all users of the
    surface transportation network, in all phases of project planning,
    development, and operation.
        (c) Best Practices.--Based on the report under subsection (b), the
    Secretary shall identify and disseminate examples of best practices
    where States have adopted measures that have successfully provided for
    the safe and adequate accommodation of all users of the surface
    transportation network in all phases of project planning, development,
    and operation.
    SEC. 1443. SENSE OF CONGRESS.

        It is the sense of Congress that the engineering industry of the
    United States continues to provide critical technical expertise,
    innovation, and local knowledge to Federal and State agencies in order
    to efficiently deliver surface transportation projects to the public,
    and Congress recognizes the valuable contributions made by the
    engineering industry of the United States and urges the Secretary to
    reinforce those partnerships by encouraging State and local agencies to
    take full advantage of engineering industry capabilities to strengthen
    project performance, improve domestic competitiveness, and create jobs.
    SEC. 1444. <<NOTE: 23 USC 101 note.>> EVERY DAY COUNTS INITIATIVE.

        (a) In General.--It is in the national interest for the Department,
    State departments of transportation, and all other recipients of Federal
    transportation funds--
                (1) to identify, accelerate, and deploy innovation aimed at
            shortening project delivery, enhancing the safety of the
            roadways of the United States, and protecting the environment;
                (2) to ensure that the planning, design, engineering,
            construction, and financing of transportation projects is done
            in an efficient and effective manner;
                (3) to promote the rapid deployment of proven solutions that
            provide greater accountability for public investments and
            encourage greater private sector involvement; and
                (4) to create a culture of innovation within the highway
            community.

        (b) Every Day Counts Initiative.--To advance the policy described in
    subsection (a), the Administrator of the Federal Highway Administration
    shall continue the Every Day Counts initiative to work with States,
    local transportation agencies, and industry stakeholders to identify and
    deploy proven innovative practices and products that--
                (1) accelerate innovation deployment;

    [[Page 129 STAT. 1437]]

                (2) shorten the project delivery process;
                (3) improve environmental sustainability;
                (4) enhance roadway safety; and
                (5) reduce congestion.

        (c) Innovation Deployment.--
                (1) In general.--At least every 2 years, the Administrator
            shall work collaboratively with stakeholders to identify a new
            collection of innovations, best practices, and data to be
            deployed to highway stakeholders through case studies, webinars,
            and demonstration projects.
                (2) Requirements.--In identifying a collection described in
            paragraph (1), the Secretary shall take into account market
            readiness, impacts, benefits, and ease of adoption of the
            innovation or practice.

        (d) Publication.--Each collection identified under subsection (c)
    shall be published by the Administrator on a publicly available Web
    site.
    SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

        Section 5028(a) of the Water Resources Reform and Development Act of
    2014 (33 U.S.C. 3907(a)) is amended--
                (1) by striking paragraph (5); and
                (2) by redesignating paragraphs (6) and (7) as paragraphs
            (5) and (6), respectively.
    SEC. 1446. TECHNICAL CORRECTIONS.

        (a) Title 23.--Title 23, United States Code, is amended as follows:
                (1) Section 119(d)(1)(A) is amended by striking
            ``mobility,'' and inserting ``congestion reduction, system
            reliability,''.
                (2) Section 126(b)(1) is amended by striking ``133(d)'' and
            inserting ``133(d)(1)(A)''.
                (3) Section 127(a)(3) is amended by striking ``118(b)(2) of
            this title'' and inserting ``118(b)''.
                (4) Section 150(b)(5) is amended by striking ``national
            freight network'' and inserting ``National Highway Freight
            Network''.
                (5) Section 150(c)(3)(B) is amended by striking the
            semicolon at the end and inserting a period.
                (6) Section 150(e)(4) is amended by striking ``National
            Freight Strategic Plan'' and inserting ``national freight
            strategic plan''.
                (7) Section 153(h)(2) is amended by striking ``paragraphs
            (1) through (3)'' and inserting ``paragraphs (1), (2), and
            (4)''.
                (8) Section 154(c) is amended--
                        (A) in paragraph (1) by striking ``paragraphs (1),
                    (3), and (4)'' and inserting ``paragraphs (1), (2), and
                    (4)'';
                        (B) in paragraph (3)(A) by striking ``transferred''
                    and inserting ``reserved''; and
                        (C) in paragraph (5)--
                              (i) in the matter preceding subparagraph (A)
                          by inserting ``or released'' after
                          ``transferred''; and
                              (ii) in subparagraph (A) by striking ``under
                          section 104(b)(l)'' and inserting ``under section
                          104(b)(1)''.
                (9) Section 163(f)(2) is amended by striking ``118(b)(2)''
            and inserting ``118(b)''.
                (10) Section 164(b) is amended--

    [[Page 129 STAT. 1438]]

                        (A) in paragraph (3)(A) by striking ``transferred''
                    and inserting ``reserved''; and
                        (B) in paragraph (5) by inserting ``or released''
                    after ``transferred''.
                (11) Section 165(c)(7) is amended by striking ``paragraphs
            (2), (4), (7), (8), (14), and (19) of section 133(b)'' and
            inserting ``paragraphs (1) through (4) of section 133(c) and
            section 133(b)(12)''.
                (12) Section 202(b)(3) is amended--
                        (A) in subparagraph (A)(i), in the matter preceding
                    subclause (I), by inserting ``(a)(6),'' after
                    ``subsections''; and
                        (B) in subparagraph (C)(ii)(IV), by striking
                    ``(III).]'' and inserting ``(III).''.
                (13) Section 217(a) is amended by striking ``104(b)(3)'' and
            inserting ``104(b)(4)''.
                (14) Section 515 is amended by striking ``this chapter''
            each place it appears and inserting ``sections 512 through
            518''.

        (b) Title 49.--Section 6302(b)(3)(B)(vi)(III) of title 49, United
    States Code, is amended by striking ``6310'' and inserting ``6309''.
        (c) SAFETEA-LU.--Section 4407 of SAFETEA-LU (Public Law 109-59; 119
    Stat. 1777) is amended by striking ``hereby enacted into law'' and
    inserting ``granted''.
        (d) <<NOTE: 23 USC 104 note.>> 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) <<NOTE: 23 USC
            140.>> is amended by striking ``fourth'' and inserting
            ``fifth''.
                (2) Section 1203 (126 Stat. 524) <<NOTE: 23 USC 150.>> 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) <<NOTE: 23 USC prec. 101.>> 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) <<NOTE: 23 USC
            327.>> is amended to read as follows:
                ``(1) <<NOTE: 49 USC prec. 101.>> in the section heading by
            striking `pilot'; and''.
                (4) Section 1314(b) (126 Stat. 549) <<NOTE: 23 USC 104.>> 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) <<NOTE: 23 USC 104.>> by striking paragraph (3);
                        (B) <<NOTE: 23 USC 109, 118, 130, 131, 133, 142,
                    145, 218, 610.>>  by redesignating paragraphs (4)
                    through (12) as paragraphs (3) through (11),
                    respectively;
                        (C) <<NOTE: 23 USC 133.>> in paragraph (7), as
                    redesignated by subparagraph (B)--
                              (i) by striking the period at the end of the
                          matter proposed to be struck; and
                              (ii) by adding a period at the end; and
                        (D) <<NOTE: 23 USC 142.>> in paragraph (8)(A)(i)(I),
                    as redesignated by subparagraph (B), by striking ``than
                    rail'' in the matter proposed to be struck and inserting
                    ``than on rail''.

        (e) Transportation Research and Innovative Technology Act of 2012.--
    Section 51001(a)(1) of the Transportation Research

    [[Page 129 STAT. 1439]]

    and Innovative Technology Act of 2012 (126 Stat. 864) is amended by
    striking ``sections 503(b), 503(d), and 509'' and inserting ``section
    503(b)''.

                      TITLE II--INNOVATIVE PROJECT FINANCE

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

        (a) Definitions.--Section 601(a) of title 23, United States Code, is
    amended--
                (1) in the matter preceding paragraph (1)--
                        (A) by striking ``In this chapter, the'' and
                    inserting ``The''; and
                        (B) by inserting ``to sections 601 through 609''
                    after ``apply'';
                (2) in paragraph (2)--
                        (A) in subparagraph (B) by striking ``and'' at the
                    end;
                        (B) in subparagraph (C) by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(D) capitalizing a rural projects fund.'';
                (3) in paragraph (3) by striking ``this chapter'' and
            inserting ``the TIFIA program'';
                (4) in paragraph (10)--
                        (A) by striking ``(10) Master credit agreement.--''
                    and all that follows before subparagraph (A) and
                    inserting the following:
                ``(10) Master credit agreement.--The term `master credit
            agreement' means a conditional agreement to extend credit
            assistance for a program of related projects secured by a common
            security pledge covered under section 602(b)(2)(A) or for a
            single project covered under section 602(b)(2)(B) that does not
            provide for a current obligation of Federal funds, and that
            would--'';
                        (B) in subparagraph (A) by striking ``subject to the
                    availability of future funds being made available to
                    carry out this chapter;'' and inserting ``subject to--
                              ``(i) the availability of future funds being
                          made available to carry out the TIFIA program; and
                              ``(ii) the satisfaction of all of the
                          conditions for the provision of credit assistance
                          under the TIFIA program, including section
                          603(b)(1);''; and
                        (C) in subparagraph (D)--
                              (i) by redesignating clauses (ii) and (iii) as
                          clauses (iii) and (iv), respectively;
                              (ii) by inserting after clause (i) the
                          following:
                              ``(ii) receiving an investment grade rating
                          from a rating agency;'';
                              (iii) in clause (iii) (as so redesignated) by
                          striking ``in section 602(c)'' and inserting
                          ``under the TIFIA program, including sections
                          602(c) and 603(b)(1)''; and
                              (iv) in clause (iv) (as so redesignated) by
                          striking ``this chapter'' and inserting ``the
                          TIFIA program'';
                (5) in paragraph (12)--
                        (A) in subparagraph (C) by striking ``and'' at the
                    end;

    [[Page 129 STAT. 1440]]

                        (B) in subparagraph (D)(iv) by striking the period
                    at the end and inserting a semicolon; and
                        (C) by adding at the end the following:
                        ``(E) a project to improve or construct public
                    infrastructure that is located within walking distance
                    of, and accessible to, a fixed guideway transit
                    facility, passenger rail station, intercity bus station,
                    or intermodal facility, including a transportation,
                    public utility, or capital project described in section
                    5302(3)(G)(v) of title 49, and related infrastructure;
                    and
                        ``(F) the capitalization of a rural projects
                    fund.'';
                (6) in paragraph (15) by striking ``means'' and all that
            follows through the period at the end and inserting ``means a
            surface transportation infrastructure project located in an area
            that is outside of an urbanized area with a population greater
            than 150,000 individuals, as determined by the Bureau of the
            Census.'';
                (7) by redesignating paragraphs (16), (17), (18), (19), and
            (20) as paragraphs (17), (18), (20), (21), and (22),
            respectively;
                (8) by inserting after paragraph (15) the following:
                ``(16) Rural projects fund.--The term `rural projects fund'
            means a fund--
                        ``(A) established by a State infrastructure bank in
                    accordance with section 610(d)(4);
                        ``(B) capitalized with the proceeds of a secured
                    loan made to the bank in accordance with sections 602
                    and 603; and
                        ``(C) for the purpose of making loans to sponsors of
                    rural infrastructure projects in accordance with section
                    610.'';
                (9) by inserting after paragraph (18) (as so redesignated)
            the following:
                ``(19) State infrastructure bank.--The term `State
            infrastructure bank' means an infrastructure bank established
            under section 610.''; and
                (10) in paragraph (22) (as so redesignated), by inserting
            ``established under sections 602 through 609'' after
            ``Department''.

        (b) Determination of Eligibility and Project Selection.--Section 602
    of title 23, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1) in the matter preceding
                    subparagraph (A), by striking ``this chapter'' and
                    inserting ``the TIFIA program'';
                        (B) in paragraph (2)(A) by striking ``this chapter''
                    and inserting ``the TIFIA program'';
                        (C) in paragraph (3) by striking ``this chapter''
                    and inserting ``the TIFIA program'';
                        (D) in paragraph (5)--
                              (i) by striking the paragraph heading and
                          inserting ``Eligible project cost parameters.--'';
                              (ii) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``subparagraph (B), to
                                    be eligible for assistance under this
                                    chapter, a project'' and inserting
                                    ``subparagraph (B), a project under the
                                    TIFIA program'';

    [[Page 129 STAT. 1441]]

                                        (II) by striking clause (i) and
                                    inserting the following:
                              ``(i) $50,000,000; and''; and
                                        (III) in clause (ii) by striking
                                    ``assistance''; and
                              (iii) in subparagraph (B)--
                                        (I) by striking the subparagraph
                                    designation and heading and all that
                                    follows through ``In the case'' and
                                    inserting the following:
                        ``(B) Exceptions.--
                              ``(i) Intelligent transportation systems.--In
                          the case''; and
                                        (II) by adding at the end the
                                    following:
                              ``(ii) Transit-oriented development
                          projects.--In the case of a project described in
                          section 601(a)(12)(E), eligible project costs
                          shall be reasonably anticipated to equal or exceed
                          $10,000,000.
                              ``(iii) Rural projects.--In the case of a
                          rural infrastructure project or a project
                          capitalizing a rural projects fund, eligible
                          project costs shall be reasonably anticipated to
                          equal or exceed $10,000,000, but not to exceed
                          $100,000,000.
                              ``(iv) Local infrastructure projects.--
                          Eligible project costs shall be reasonably
                          anticipated to equal or exceed $10,000,000 in the
                          case of a project or program of projects--
                                        ``(I) in which the applicant is a
                                    local government, public authority, or
                                    instrumentality of local government;
                                        ``(II) located on a facility owned
                                    by a local government; or
                                        ``(III) for which the Secretary
                                    determines that a local government is
                                    substantially involved in the
                                    development of the project.'';
                        (E) in paragraph (9), in the matter preceding
                    subparagraph (A), by striking ``this chapter'' and
                    inserting ``the TIFIA program''; and
                        (F) in paragraph (10)--
                              (i) by striking ``To be eligible'' and
                          inserting the following:
                        ``(A) In general.--Except as provided in
                    subparagraph (B), to be eligible'';
                              (ii) by striking ``this chapter'' each place
                          it appears and inserting ``the TIFIA program'';
                              (iii) by striking ``not later than'' and
                          inserting ``no later than''; and
                              (iv) by adding at the end the following:
                        ``(B) Rural projects fund.--In the case of a project
                    capitalizing a rural projects fund, the State
                    infrastructure bank shall demonstrate, not later than 2
                    years after the date on which a secured loan is
                    obligated for the project under the TIFIA program, that
                    the bank has executed a loan agreement with a borrower
                    for a rural infrastructure project in accordance with
                    section 610. After the demonstration is made, the bank
                    may draw upon the secured loan. At the end of the 2-year
                    period, to the extent the bank has not used the loan
                    commitment, the Secretary may

    [[Page 129 STAT. 1442]]

                    extend the term of the loan or withdraw the loan
                    commitment.'';
                (2) in subsection (b) by striking paragraph (2) and
            inserting the following:
                ``(2) Master credit agreements.--
                        ``(A) Program of related projects.--The Secretary
                    may enter into a master credit agreement for a program
                    of related projects secured by a common security pledge
                    on terms acceptable to the Secretary.
                        ``(B) Adequate funding not available.--If the
                    Secretary fully obligates funding to eligible projects
                    for a fiscal year and adequate funding is not available
                    to fund a credit instrument, a project sponsor of an
                    eligible project may elect to enter into a master credit
                    agreement and wait to execute a credit instrument until
                    the fiscal year for which additional funds are available
                    to receive credit assistance.'';
                (3) in subsection (c)(1), in the matter preceding
            subparagraph (A), by striking ``this chapter'' and inserting
            ``the TIFIA program''; and
                (4) in subsection (e) by striking ``this chapter'' and
            inserting ``the TIFIA program''.

        (c) Secured Loan Terms and Limitations.--Section 603 of title 23,
    United States Code, is amended--
                (1) in subsection (a) by striking paragraph (2) and
            inserting the following:
                ``(2) Limitation on refinancing of interim construction
            financing.--A loan under paragraph (1) shall not refinance
            interim construction financing under paragraph (1)(B)--
                        ``(A) if the maturity of such interim construction
                    financing is later than 1 year after the substantial
                    completion of the project; and
                        ``(B) later than 1 year after the date of
                    substantial completion of the project.'';
                (2) in subsection (b)--
                        (A) in paragraph (2)--
                              (i) by striking ``The amount of'' and
                          inserting the following:
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the amount of''; and
                              (ii) by adding at the end the following:
                        ``(B) Rural projects fund.--In the case of a project
                    capitalizing a rural projects fund, the maximum amount
                    of a secured loan made to a State infrastructure bank
                    shall be determined in accordance with section
                    602(a)(5)(B)(iii).'';
                        (B) in paragraph (3)(A)(i)--
                              (i) in subclause (III) by striking ``or'' at
                          the end;
                              (ii) in subclause (IV) by striking ``and'' at
                          the end and inserting ``or''; and
                              (iii) by adding at the end the following:
                                        ``(V) in the case of a secured loan
                                    for a project capitalizing a rural
                                    projects fund, any other dedicated
                                    revenue sources available to a State
                                    infrastructure bank, including
                                    repayments from loans made by the bank
                                    for rural infrastructure projects;
                                    and'';

    [[Page 129 STAT. 1443]]

                        (C) in paragraph (4)(B)--
                              (i) in clause (i) by striking ``under this
                          chapter'' and inserting ``or a rural projects fund
                          under the TIFIA program''; and
                              (ii) in clause (ii) by inserting ``and rural
                          project funds'' after ``rural infrastructure
                          projects'';
                        (D) in paragraph (5)--
                              (i) by redesignating subparagraphs (A) and (B)
                          as clauses (i) and (ii), respectively, and
                          indenting appropriately;
                              (ii) in the matter preceding clause (i) (as so
                          redesignated) by striking ``The final'' and
                          inserting the following:
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the final''; and
                              (iii) by adding at the end the following:
                        ``(B) Rural projects fund.--In the case of a project
                    capitalizing a rural projects fund, the final maturity
                    date of the secured loan shall not exceed 35 years after
                    the date on which the secured loan is obligated.'';
                        (E) in paragraph (8) by striking ``this chapter''
                    and inserting ``the TIFIA program''; and
                        (F) in paragraph (9)--
                              (i) by striking ``The total Federal assistance
                          provided on a project receiving a loan under this
                          chapter'' and inserting the following:
                        ``(A) In general.--The total Federal assistance
                    provided for a project receiving a loan under the TIFIA
                    program''; and
                              (ii) by adding at the end the following:
                        ``(B) Rural projects fund.--A project capitalizing a
                    rural projects fund shall satisfy subparagraph (A)
                    through compliance with the Federal share requirement
                    described in section 610(e)(3)(B).''; and
                (3) by adding at the end the following:

        ``(f) Streamlined Application Process.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of the FAST Act, the Secretary shall make available an
            expedited application process or processes available at the
            request of entities seeking secured loans under the TIFIA
            program that use a set or sets of conventional terms established
            pursuant to this section.
                ``(2) Terms.--In establishing the streamlined application
            process required by this subsection, the Secretary may include
            terms commonly included in prior credit agreements and allow for
            an expedited application period, including--
                        ``(A) the secured loan is in an amount of not
                    greater than $100,000,000;
                        ``(B) the secured loan is secured and payable from
                    pledged revenues not affected by project performance,
                    such as a tax-backed revenue pledge, tax increment
                    financing, or a system-backed pledge of project
                    revenues; and
                        ``(C) repayment of the loan commences not later than
                    5 years after disbursement.''.

        (d) Program Administration.--Section 605 of title 23, United States
    Code, is amended--

    [[Page 129 STAT. 1444]]

                (1) by striking ``this chapter'' each place it appears and
            inserting ``the TIFIA program''; and
                (2) by adding at the end the following:

        ``(f) Assistance to Small Projects.--
                ``(1) Reservation of funds.--Of the funds made available to
            carry out the TIFIA program for each fiscal year, and after the
            set aside under section 608(a)(5), not less than $2,000,000
            shall be made available for the Secretary to use in lieu of fees
            collected under subsection (b) for projects under the TIFIA
            program having eligible project costs that are reasonably
            anticipated not to equal or exceed $75,000,000.
                ``(2) Release of funds.--Any funds not used under paragraph
            (1) in a fiscal year shall be made available on October 1 of the
            following fiscal year to provide credit assistance to any
            project under the TIFIA program.''.

        (e) State and Local Permits.--Section 606 of title 23, United States
    Code, is amended in the matter preceding paragraph (1) by striking
    ``this chapter'' and inserting ``the TIFIA program''.
        (f) Regulations.--Section 607 of title 23, United States Code, is
    amended by striking ``this chapter'' and inserting ``the TIFIA
    program''.
        (g) Funding.--Section 608 of title 23, United States Code, is
    amended--
                (1) by striking ``this chapter'' each place it appears and
            inserting ``the TIFIA program''; and
                (2) in subsection (a)--
                        (A) in paragraph (2) by inserting ``of'' after
                    ``504(f)'';
                        (B) in paragraph (3)--
                              (i) in subparagraph (A), by inserting ``or
                          rural projects funds'' after ``rural
                          infrastructure projects''; and
                              (ii) in subparagraph (B), by inserting ``or
                          rural projects funds'' after ``rural
                          infrastructure projects'';
                        (C) by striking paragraphs (4) and (6) and
                    redesignating paragraph (5) as paragraph (4); and
                        (D) by inserting at the end the following:
                ``(5) Administrative costs.--Of the amounts made available
            to carry out the TIFIA program, the Secretary may use not more
            than $6,875,000 for fiscal year 2016, $7,081,000 for fiscal year
            2017, $7,559,000 for fiscal year 2018, $8,195,000 for fiscal
            year 2019, and $8,441,000 for fiscal year 2020 for the
            administration of the TIFIA program.''.

        (h) Reports to Congress.--Section 609 of title 23, United States
    Code, is amended by striking ``this chapter (other than section 610)''
    each place it appears and inserting ``the TIFIA program''.
        (i) State Infrastructure Bank Program.--Section 610 of title 23,
    United States Code, is amended--
                (1) in subsection (a) by adding at the end the following:
                ``(11) Rural infrastructure project.--The term `rural
            infrastructure project' has the meaning given the term in
            section 601.
                ``(12) Rural projects fund.--The term `rural projects fund'
            has the meaning given the term in section 601.'';
                (2) in subsection (d)--
                        (A) in paragraph (1)(A) by striking ``each of fiscal
                    years'' and all that follows through the end of
                    subparagraph (A)

    [[Page 129 STAT. 1445]]

                    and inserting ``each of fiscal years 2016 through 2020
                    under each of paragraphs (1), (2), and (5) of section
                    104(b); and'';
                        (B) in paragraph (2) by striking ``fiscal years 2005
                    through 2009'' and inserting ``fiscal years 2016 through
                    2020'';
                        (C) in paragraph (3) by striking ``fiscal years 2005
                    through 2009'' and inserting ``fiscal years 2016 through
                    2020'';
                        (D) by redesignating paragraphs (4) through (6) as
                    paragraphs (5) through (7), respectively;
                        (E) by inserting after paragraph (3) the following:
                ``(4) Rural projects fund.--Subject to subsection (j), the
            Secretary may permit a State entering into a cooperative
            agreement under this section to establish a State infrastructure
            bank to deposit into the rural projects fund of the bank the
            proceeds of a secured loan made to the bank in accordance with
            sections 602 and 603.''; and
                        (F) in paragraph (6) (as so redesignated) by
                    striking ``section 133(d)(3)'' and inserting ``section
                    133(d)(1)(A)(i)'';
                (3) by striking subsection (e) and inserting the following:

        ``(e) Forms of Assistance From State Infrastructure Banks.--
                ``(1) In general.--A State infrastructure bank established
            under this section may--
                        ``(A) with funds deposited into the highway account,
                    transit account, or rail account of the bank, make loans
                    or provide other forms of credit assistance to a public
                    or private entity to carry out a project eligible for
                    assistance under this section; and
                        ``(B) with funds deposited into the rural projects
                    fund, make loans to a public or private entity to carry
                    out a rural infrastructure project.
                ``(2) Subordination of loan.--The amount of a loan or other
            form of credit assistance provided for a project described in
            paragraph (1) may be subordinated to any other debt financing
            for the project.
                ``(3) Maximum amount of assistance.--A State infrastructure
            bank established under this section may--
                        ``(A) with funds deposited into the highway account,
                    transit account, or rail account of the bank, make loans
                    or provide other forms of credit assistance to a public
                    or private entity in an amount up to 100 percent of the
                    cost of carrying out a project eligible for assistance
                    under this section; and
                        ``(B) with funds deposited into the rural projects
                    fund, make loans to a public or private entity in an
                    amount not to exceed 80 percent of the cost of carrying
                    out a rural infrastructure project.
                ``(4) Initial assistance.--Initial assistance provided with
            respect to a project from Federal funds deposited into a State
            infrastructure bank under this section may not be made in the
            form of a grant.'';
                (4) in subsection (g)--
                        (A) in paragraph (1) by striking ``each account''
                    and inserting ``the highway account, the transit
                    account, and the rail account''; and

    [[Page 129 STAT. 1446]]

                        (B) in paragraph (4) by inserting ``, except that
                    any loan funded from the rural projects fund of the bank
                    shall bear interest at or below the interest rate
                    charged for the TIFIA loan provided to the bank under
                    section 603'' after ``feasible''; and
                (5) in subsection (k) by striking ``fiscal years 2005
            through 2009'' and inserting ``fiscal years 2016 through 2020''.
    SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL.

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

    TITLE III-- <<NOTE: Federal Public Transportation Act of 2015.>> PUBLIC
    TRANSPORTATION
    SEC. 3001. <<NOTE: 49 USC 5101 note.>> 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)--
                        (A) in subparagraph (C) by inserting ``functional''
                    before ``landscaping and''; and
                        (B) in subparagraph (E) by striking ``bicycle
                    storage facilities and installing equipment'' and
                    inserting ``bicycle storage shelters and parking
                    facilities and the installation of equipment'';
                (2) in paragraph (3)--
                        (A) by striking subparagraph (F) and inserting the
                    following:
                        ``(F) leasing equipment or a facility for use in
                    public transportation;'';
                        (B) in subparagraph (G)--
                              (i) in clause (iv) by adding ``and'' at the
                          end;
                              (ii) in clause (v) by striking ``and'' at the
                          end; and
                              (iii) by striking clause (vi);
                        (C) by striking subparagraph (I) and inserting the
                    following:
                        ``(I) the provision of nonfixed route paratransit
                    transportation services in accordance with section 223
                    of the Americans with Disabilities Act of 1990 (42
                    U.S.C. 12143), but only for grant recipients that are in
                    compliance with applicable requirements of that Act,
                    including both fixed route and demand responsive
                    service, and only for amounts--
                              ``(i) not to exceed 10 percent of such
                          recipient's annual formula apportionment under
                          sections 5307 and 5311; or
                              ``(ii) not to exceed 20 percent of such
                          recipient's annual formula apportionment under
                          sections 5307 and

    [[Page 129 STAT. 1447]]

                          5311, if, consistent with guidance issued by the
                          Secretary, the recipient demonstrates that the
                          recipient meets at least 2 of the following
                          requirements:
                                        ``(I) Provides an active fixed route
                                    travel training program that is
                                    available for riders with disabilities.
                                        ``(II) Provides that all fixed route
                                    and paratransit operators participate in
                                    a passenger safety, disability
                                    awareness, and sensitivity training
                                    class on at least a biennial basis.
                                        ``(III) Has memoranda of
                                    understanding in place with employers
                                    and the American Job Center to increase
                                    access to employment opportunities for
                                    people with disabilities.'';
                        (D) in subparagraph (K) by striking ``or'' at the
                    end;
                        (E) in subparagraph (L) by striking the period at
                    the end and inserting a semicolon; and
                        (F) by adding at the end the following:
                        ``(M) associated transit improvements; or
                        ``(N) technological changes or innovations to modify
                    low or no emission vehicles (as defined in section
                    5339(c)) or facilities.''; and
                (3) by adding at the end the following:
                ``(24) Value capture.--The term `value capture' means
            recovering the increased property value to property located near
            public transportation resulting from investments in public
            transportation.''.
    SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.

        (a) In General.--Section 5303 of title 49, United States Code, is
    amended--
                (1) in subsection (a)(1) by inserting ``resilient'' after
            ``development of'';
                (2) in subsection (c)(2) by striking ``and bicycle
            transportation facilities'' and inserting ``, bicycle
            transportation facilities, and intermodal facilities that
            support intercity transportation, including intercity buses and
            intercity bus facilities and commuter vanpool providers'';
                (3) in subsection (d)--
                        (A) by redesignating paragraphs (3) through (6) as
                    paragraphs (4) through (7), respectively;
                        (B) by inserting after paragraph (2) the following:
                ``(3) Representation.--
                        ``(A) In general.--Designation or selection of
                    officials or representatives under paragraph (2) shall
                    be determined by the metropolitan planning organization
                    according to the bylaws or enabling statute of the
                    organization.
                        ``(B) Public transportation representative.--Subject
                    to the bylaws or enabling statute of the metropolitan
                    planning organization, a representative of a provider of
                    public transportation may also serve as a representative
                    of a local municipality.
                        ``(C) Powers of certain officials.--An official
                    described in paragraph (2)(B) shall have
                    responsibilities, actions, duties, voting rights, and
                    any other authority

    [[Page 129 STAT. 1448]]

                    commensurate with other officials described in paragraph
                    (2).''; and
                        (C) in paragraph (5), as so redesignated, by
                    striking ``paragraph (5)'' and inserting ``paragraph
                    (6)'';
                (4) in subsection (e)(4)(B) by striking ``subsection
            (d)(5)'' and inserting ``subsection (d)(6)'';
                (5) in subsection (g)(3)(A) by inserting ``tourism, natural
            disaster risk reduction,'' after ``economic development,'';
                (6) in subsection (h)(1)--
                        (A) in subparagraph (G) by striking ``and'' at the
                    end;
                        (B) in subparagraph (H) by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(I) improve the resiliency and reliability of the
                    transportation system.'';
                (7) in subsection (i)--
                        (A) in paragraph (2)--
                              (i) in subparagraph (A)(i) by striking
                          ``transit'' and inserting ``public transportation
                          facilities, intercity bus facilities'';
                              (ii) in subparagraph (G)--
                                        (I) by striking ``and provide'' and
                                    inserting ``, provide''; and
                                        (II) by inserting before the period
                                    at the end the following: ``, and reduce
                                    the vulnerability of the existing
                                    transportation infrastructure to natural
                                    disasters''; and
                              (iii) in subparagraph (H) by inserting before
                          the period at the end the following: ``, including
                          consideration of the role that intercity buses may
                          play in reducing congestion, pollution, and energy
                          consumption in a cost-effective manner and
                          strategies and investments that preserve and
                          enhance intercity bus systems, including systems
                          that are privately owned and operated'';
                        (B) in paragraph (6)(A)--
                              (i) by inserting ``public ports,'' before
                          ``freight shippers,''; and
                              (ii) by inserting ``(including intercity bus
                          operators, employer-based commuting programs, such
                          as a carpool program, vanpool program, transit
                          benefit program, parking cash-out program, shuttle
                          program, or telework program)'' after ``private
                          providers of transportation''; and
                        (C) in paragraph (8) by striking ``paragraph
                    (2)(C)'' each place it appears and inserting ``paragraph
                    (2)(E)'';
                (8) in subsection (k)(3)--
                        (A) in subparagraph (A) by inserting ``(including
                    intercity bus operators, employer-based commuting
                    programs, such as a carpool program, vanpool program,
                    transit benefit program, parking cash-out program,
                    shuttle program, or telework program), job access
                    projects,'' after ``reduction''; and
                        (B) by adding at the end the following:
                        ``(C) Congestion management plan.--A metropolitan
                    planning organization serving a transportation
                    management area may develop a plan that includes
                    projects and

    [[Page 129 STAT. 1449]]

                    strategies that will be considered in the TIP of such
                    metropolitan planning organization. Such plan shall--
                              ``(i) develop regional goals to reduce vehicle
                          miles traveled during peak commuting hours and
                          improve transportation connections between areas
                          with high job concentration and areas with high
                          concentrations of low-income households;
                              ``(ii) identify existing public transportation
                          services, employer-based commuter programs, and
                          other existing transportation services that
                          support access to jobs in the region; and
                              ``(iii) identify proposed projects and
                          programs to reduce congestion and increase job
                          access opportunities.
                        ``(D) Participation.--In developing the plan under
                    subparagraph (C), a metropolitan planning organization
                    shall consult with employers, private and non-profit
                    providers of public transportation, transportation
                    management organizations, and organizations that provide
                    job access reverse commute projects or job-related
                    services to low-income individuals.'';
                (9) in subsection (l)--
                        (A) by adding a period at the end of paragraph (1);
                    and
                        (B) in paragraph (2)(D) by striking ``of less than
                    200,000'' and inserting ``with a population of 200,000
                    or less'';
                (10) in subsection (p) by striking ``Funds set aside under
            section 104(f)'' and inserting ``Funds apportioned under section
            104(b)(5)''; and
                (11) by adding at the end the following:

        ``(r) Bi-State Metropolitan Planning Organization.--
                ``(1) Definition of bi-state mpo region.--In this
            subsection, the term `Bi-State Metropolitan Planning
            Organization' has the meaning given the term `region' in
            subsection (a) of Article II of the Lake Tahoe Regional Planning
            Compact (Public Law 96-551; 94 Stat. 3234).
                ``(2) Treatment.--For the purpose of this title, the Bi-
            State Metropolitan Planning Organization shall be treated as--
                        ``(A) a metropolitan planning organization;
                        ``(B) a transportation management area under
                    subsection (k); and
                        ``(C) an urbanized area, which is comprised of a
                    population of 145,000 in the State of California and a
                    population of 65,000 in the State of Nevada.''.

        (b) Statewide and Nonmetropolitan Transportation Planning.--Section
    5304 of title 49, United States Code, is amended--
                (1) in subsection (a)(2) by striking ``and bicycle
            transportation facilities'' and inserting ``, bicycle
            transportation facilities, and intermodal facilities that
            support intercity transportation, including intercity buses and
            intercity bus facilities and commuter vanpool providers'';
                (2) in subsection (d)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (G) by striking ``and'' at
                          the end;

    [[Page 129 STAT. 1450]]

                              (ii) in subparagraph (H) by striking the
                          period at the end and inserting ``; and''; and
                              (iii) by adding at the end the following:
                        ``(I) improve the resiliency and reliability of the
                    transportation system.''; and
                        (B) in paragraph (2)--
                              (i) in subparagraph (B)(ii) by striking
                          ``urbanized''; and
                              (ii) in subparagraph (C) by striking
                          ``urbanized''; and
                (3) in subsection (f)(3)(A)(ii)--
                        (A) by inserting ``public ports,'' before ``freight
                    shippers,''; and
                        (B) by inserting ``(including intercity bus
                    operators, employer-based commuting programs, such as a
                    carpool program, vanpool program, transit benefit
                    program, parking cash-out program, shuttle program, or
                    telework program)'' after ``private providers of
                    transportation''.
    SEC. 3004. URBANIZED AREA FORMULA GRANTS.

        Section 5307 of title 49, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in paragraph (2) by inserting ``or demand
                    response service, excluding ADA complementary
                    paratransit service,'' before ``during'' each place it
                    appears; and
                        (B) by adding at the end the following:
                ``(3) Exception to the special rule.--Notwithstanding
            paragraph (2), if a public transportation system described in
            such paragraph executes a written agreement with 1 or more other
            public transportation systems within the urbanized area to
            allocate funds for the purposes described in the paragraph by a
            method other than by measuring vehicle revenue hours, each
            public transportation system that is a party to the written
            agreement may follow the terms of the written agreement without
            regard to measured vehicle revenue hours referred to in the
            paragraph.''; and
                (2) in subsection (c)(1)--
                        (A) in subparagraph (C), by inserting ``in
                    accordance with the recipient's transit asset management
                    plan'' after ``equipment and facilities''; and
                        (B) in subparagraph (K), by striking ``Census--''
                    and all that follows through clause (ii) and inserting
                    the following: ``Census, will submit an annual report
                    listing projects carried out in the preceding fiscal
                    year under this section for associated transit
                    improvements as defined in section 5302; and''.
    SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

        (a) In General.--Section 5309 of title 49, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (3), by striking ``and weekend
                    days'';
                        (B) in paragraph (6)--
                              (i) in subparagraph (A) by inserting ``, small
                          start projects,'' after ``new fixed guideway
                          capital projects''; and
                              (ii) by striking subparagraph (B) and
                          inserting the following:

    [[Page 129 STAT. 1451]]

                        ``(B) 2 or more projects that are any combination of
                    new fixed guideway capital projects, small start
                    projects, and core capacity improvement projects.''; and
                        (C) in paragraph (7)--
                              (i) in subparagraph (A), by striking
                          ``$75,000,000'' and inserting ``$100,000,000'';
                          and
                              (ii) in subparagraph (B), by striking
                          ``$250,000,000'' and inserting ``$300,000,000'';
                (2) in subsection (d)--
                        (A) in paragraph (1)(B) by striking ``, policies and
                    land use patterns that promote public transportation,'';
                    and
                        (B) in paragraph (2)(A)--
                              (i) in clause (iii) by adding ``and'' after
                          the semicolon;
                              (ii) by striking clause (iv); and
                              (iii) by redesignating clause (v) as clause
                          (iv);
                (3) in subsection (g)(2)(A)(i) by striking ``the policies
            and land use patterns that support public transportation,'';
                (4) in subsection (h)(6)--
                        (A) by striking ``In carrying out'' and inserting
                    the following:
                        ``(A) In general.--In carrying out''; and
                        (B) by adding at the end the following:
                        ``(B) Optional early rating.--At the request of the
                    project sponsor, the Secretary shall evaluate and rate
                    the project in accordance with paragraphs (4) and (5)
                    and subparagraph (A) of this paragraph upon completion
                    of the analysis required under the National
                    Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                    seq.).'';
                (5) in subsection (i)--
                        (A) in paragraph (1) by striking ``subsection (d) or
                    (e)'' and inserting ``subsection (d), (e), or (h)'';
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A)
                          by inserting ``new fixed guideway capital project
                          or core capacity improvement'' after ``federally
                          funded'';
                              (ii) by striking subparagraph (D) and
                          inserting the following:
                        ``(D) the program of interrelated projects, when
                    evaluated as a whole--
                              ``(i) meets the requirements of subsection
                          (d)(2), subsection (e)(2), or paragraphs (3) and
                          (4) of subsection (h), as applicable, if the
                          program is comprised entirely of--
                                        ``(I) new fixed guideway capital
                                    projects;
                                        ``(II) core capacity improvement
                                    projects; or
                                        ``(III) small start projects; or
                              ``(ii) meets the requirements of subsection
                          (d)(2) if the program is comprised of any
                          combination of new fixed guideway capital
                          projects, small start projects, and core capacity
                          improvement projects;''; and
                              (iii) in subparagraph (F), by inserting ``or
                          subsection (h)(5), as applicable'' after
                          ``subsection (f)''; and
                        (C) by striking paragraph (3)(A) and inserting the
                    following:

    [[Page 129 STAT. 1452]]

                        ``(A) Project advancement.--A project receiving a
                    grant under this section that is part of a program of
                    interrelated projects may not advance--
                              ``(i) in the case of a small start project,
                          from the project development phase to the
                          construction phase unless the Secretary determines
                          that the program of interrelated projects meets
                          the applicable requirements of this section and
                          there is a reasonable likelihood that the program
                          will continue to meet such requirements; or
                              ``(ii) in the case of a new fixed guideway
                          capital project or a core capacity improvement
                          project, from the project development phase to the
                          engineering phase, or from the engineering phase
                          to the construction phase, unless the Secretary
                          determines that the program of interrelated
                          projects meets the applicable requirements of this
                          section and there is a reasonable likelihood that
                          the program will continue to meet such
                          requirements.'';
                (6) in subsection (l)--
                        (A) by striking paragraph (1) and inserting the
                    following:
                ``(1) In general.--
                        ``(A) Estimation of net capital project cost.--Based
                    on engineering studies, studies of economic feasibility,
                    and information on the expected use of equipment or
                    facilities, the Secretary shall estimate the net capital
                    project cost.
                        ``(B) Grants.--
                              ``(i) Grant for new fixed guideway capital
                          project.--A grant for a new fixed guideway capital
                          project shall not exceed 80 percent of the net
                          capital project cost.
                              ``(ii) Full funding grant agreement for new
                          fixed guideway capital project.--A full funding
                          grant agreement for a new fixed guideway capital
                          project shall not include a share of more than 60
                          percent from the funds made available under this
                          section.
                              ``(iii) Grant for core capacity improvement
                          project.--A grant for a core capacity improvement
                          project shall not exceed 80 percent of the net
                          capital project cost of the incremental cost to
                          increase the capacity in the corridor.
                              ``(iv) Grant for small start project.--A grant
                          for a small start project shall not exceed 80
                          percent of the net capital project costs.''; and
                        (B) by striking paragraph (4) and inserting the
                    following:
                ``(4) Remaining costs.--The remainder of the net capital
            project costs shall be provided--
                        ``(A) in cash from non-Government sources;
                        ``(B) from revenues from the sale of advertising and
                    concessions; or
                        ``(C) from an undistributed cash surplus, a
                    replacement or depreciation cash fund or reserve, or new
                    capital.'';
                (7) by striking subsection (n) and inserting the following:

        ``(n) Availability of Amounts.--

    [[Page 129 STAT. 1453]]

                ``(1) In general.--An amount made available or appropriated
            for a new fixed guideway capital project or core capacity
            improvement project shall remain available to that project for 4
            fiscal years, including the fiscal year in which the amount is
            made available or appropriated. Any amounts that are unobligated
            to the project at the end of the 4-fiscal-year period may be
            used by the Secretary for any purpose under this section.
                ``(2) Use of deobligated amounts.--An amount available under
            this section that is deobligated may be used for any purpose
            under this section.''; and
                (8) by adding at the end the following:

        ``(p) Special Rule.--For the purposes of calculating the cost
    effectiveness of a project described in subsection (d) or (e), the
    Secretary shall not reduce or eliminate the capital costs of art and
    non-functional landscaping elements from the annualized capital cost
    calculation.
        ``(q) Joint Public Transportation and Intercity Passenger Rail
    Projects.--
                ``(1) In general.--The Secretary may make grants for new
            fixed guideway capital projects and core capacity improvement
            projects that provide both public transportation and intercity
            passenger rail service.
                ``(2) Eligible costs.--Eligible costs for a project under
            this subsection shall be limited to the net capital costs of the
            public transportation costs attributable to the project based on
            projected use of the new segment or expanded capacity of the
            project corridor, not including project elements designed to
            achieve or maintain a state of good repair, as determined by the
            Secretary under paragraph (4).
                ``(3) Project justification and local financial
            commitment.--A project under this subsection shall be evaluated
            for project justification and local financial commitment under
            subsections (d), (e), (f), and (h), as applicable to the
            project, based on--
                        ``(A) the net capital costs of the public
                    transportation costs attributable to the project as
                    determined under paragraph (4); and
                        ``(B) the share of funds dedicated to the project
                    from sources other than this section included in the
                    unified finance plan for the project.
                ``(4) Calculation of net capital project cost.--The
            Secretary shall estimate the net capital costs of a project
            under this subsection based on--
                        ``(A) engineering studies;
                        ``(B) studies of economic feasibility;
                        ``(C) the expected use of equipment or facilities;
                    and
                        ``(D) the public transportation costs attributable
                    to the project.
                ``(5) Government share of net capital project cost.--
                        ``(A) Government share.--The Government share shall
                    not exceed 80 percent of the net capital cost
                    attributable to the public transportation costs of a
                    project under this subsection as determined under
                    paragraph (4).
                        ``(B) Non-government share.--The remainder of the
                    net capital cost attributable to the public
                    transportation costs of a project under this subsection
                    shall be provided

    [[Page 129 STAT. 1454]]

                    from an undistributed cash surplus, a replacement or
                    depreciation cash fund or reserve, or new capital.''.

        (b) <<NOTE: 49 USC 5309 note.>> Expedited Project Delivery for
    Capital Investment Grants Pilot Program.--
                (1) Definitions.--In this subsection, the following
            definitions shall apply:
                        (A) Applicant.--The term ``applicant'' means a State
                    or local governmental authority that applies for a grant
                    under this subsection.
                        (B) Capital project; fixed guideway; local
                    governmental authority; public transportation; state;
                    state of good repair.--The terms ``capital project'',
                    ``fixed guideway'', ``local governmental authority'',
                    ``public transportation'', ``State'', and ``state of
                    good repair'' have the meanings given those terms in
                    section 5302 of title 49, United States Code.
                        (C) Core capacity improvement project.--The term
                    ``core capacity improvement project''--
                              (i) means a substantial corridor-based capital
                          investment in an existing fixed guideway system
                          that increases the capacity of a corridor by not
                          less than 10 percent; and
                              (ii) may include project elements designed to
                          aid the existing fixed guideway system in making
                          substantial progress towards achieving a state of
                          good repair.
                        (D) Corridor-based bus rapid transit project.--The
                    term ``corridor-based bus rapid transit project'' means
                    a small start project utilizing buses in which the
                    project represents a substantial investment in a defined
                    corridor as demonstrated by features that emulate the
                    services provided by rail fixed guideway public
                    transportation systems--
                              (i) including--
                                        (I) defined stations;
                                        (II) traffic signal priority for
                                    public transportation vehicles;
                                        (III) short headway bidirectional
                                    services for a substantial part of
                                    weekdays; and
                                        (IV) any other features the
                                    Secretary may determine support a long-
                                    term corridor investment; and
                              (ii) the majority of which does not operate in
                          a separated right-of-way dedicated for public
                          transportation use during peak periods.
                        (E) Eligible project.--The term ``eligible project''
                    means a new fixed guideway capital project, a small
                    start project, or a core capacity improvement project
                    that has not entered into a full funding grant agreement
                    with the Federal Transit Administration before the date
                    of enactment of this Act.
                        (F) Fixed guideway bus rapid transit project.--The
                    term ``fixed guideway bus rapid transit project'' means
                    a bus capital project--
                              (i) in which the majority of the project
                          operates in a separated right-of-way dedicated for
                          public transportation use during peak periods;

    [[Page 129 STAT. 1455]]

                              (ii) that represents a substantial investment
                          in a single route in a defined corridor or
                          subarea; and
                              (iii) that includes features that emulate the
                          services provided by rail fixed guideway public
                          transportation systems, including--
                                        (I) defined stations;
                                        (II) traffic signal priority for
                                    public transportation vehicles;
                                        (III) short headway bidirectional
                                    services for a substantial part of
                                    weekdays and weekend days; and
                                        (IV) any other features the
                                    Secretary may determine are necessary to
                                    produce high-quality public
                                    transportation services that emulate the
                                    services provided by rail fixed guideway
                                    public transportation systems.
                        (G) New fixed guideway capital project.--The term
                    ``new fixed guideway capital project'' means--
                              (i) a fixed guideway capital project that is a
                          minimum operable segment or extension to an
                          existing fixed guideway system; or
                              (ii) a fixed guideway bus rapid transit
                          project that is a minimum operable segment or an
                          extension to an existing bus rapid transit system.
                        (H) Recipient.--The term ``recipient'' means a
                    recipient of funding under chapter 53 of title 49,
                    United States Code.
                        (I) Small start project.--The term ``small start
                    project'' means a new fixed guideway capital project, a
                    fixed guideway bus rapid transit project, or a corridor-
                    based bus rapid transit project for which--
                              (i) the Federal assistance provided or to be
                          provided under this subsection is less than
                          $75,000,000; and
                              (ii) the total estimated net capital cost is
                          less than $300,000,000.
                (2) General authority.--The Secretary may make grants under
            this subsection to States and local governmental authorities to
            assist in financing--
                        (A) new fixed guideway capital projects or small
                    start projects, including the acquisition of real
                    property, the initial acquisition of rolling stock for
                    the system, the acquisition of rights-of-way, and
                    relocation, for projects in the advanced stages of
                    planning and design; and
                        (B) core capacity improvement projects, including
                    the acquisition of real property, the acquisition of
                    rights-of-way, double tracking, signalization
                    improvements, electrification, expanding system
                    platforms, acquisition of rolling stock associated with
                    corridor improvements increasing capacity, construction
                    of infill stations, and such other capacity improvement
                    projects as the Secretary determines are appropriate to
                    increase the capacity of an existing fixed guideway
                    system corridor by not less than 10 percent. Core
                    capacity improvement projects do not include elements to
                    improve general station facilities or parking, or
                    acquisition of rolling stock alone.
                (3) Grant requirements.--

    [[Page 129 STAT. 1456]]

                        (A) In general.--The Secretary may make not more
                    than 8 grants under this subsection for eligible
                    projects if the Secretary determines that--
                              (i) the eligible project is part of an
                          approved transportation plan required under
                          sections 5303 and 5304 of title 49, United States
                          Code;
                              (ii) the applicant has, or will have--
                                        (I) the legal, financial, and
                                    technical capacity to carry out the
                                    eligible project, including the safety
                                    and security aspects of the eligible
                                    project;
                                        (II) satisfactory continuing control
                                    over the use of the equipment or
                                    facilities;
                                        (III) the technical and financial
                                    capacity to maintain new and existing
                                    equipment and facilities; and
                                        (IV) advisors providing guidance to
                                    the applicant on the terms and structure
                                    of the project that are independent from
                                    investors in the project;
                              (iii) the eligible project is supported, or
                          will be supported, in part, through a public-
                          private partnership, provided such support is
                          determined by local policies, criteria, and
                          decisionmaking under section 5306(a) of title 49,
                          United States Code;
                              (iv) the eligible project is justified based
                          on findings presented by the project sponsor to
                          the Secretary, including--
                                        (I) mobility improvements
                                    attributable to the project;
                                        (II) environmental benefits
                                    associated with the project;
                                        (III) congestion relief associated
                                    with the project;
                                        (IV) economic development effects
                                    derived as a result of the project; and
                                        (V) estimated ridership projections;
                              (v) the eligible project is supported by an
                          acceptable degree of local financial commitment
                          (including evidence of stable and dependable
                          financing sources); and
                              (vi) the eligible project will be operated and
                          maintained by employees of an existing provider of
                          fixed guideway or bus rapid transit public
                          transportation in the service area of the project,
                          or if none exists, by employees of an existing
                          public transportation provider in the service
                          area.
                        (B) Certification.--An applicant that has submitted
                    the certifications required under subparagraphs (A),
                    (B), (C), and (H) of section 5307(c)(1) of title 49,
                    United States Code, shall be deemed to have provided
                    sufficient information upon which the Secretary may make
                    the determinations required under this paragraph.
                        (C) Technical capacity.--The Secretary shall use an
                    expedited technical capacity review process for
                    applicants that have recently and successfully completed
                    not less than 1 new fixed guideway capital project,
                    small start project, or core capacity improvement
                    project, if--

    [[Page 129 STAT. 1457]]

                              (i) the applicant achieved budget, cost, and
                          ridership outcomes for the project that are
                          consistent with or better than projections; and
                              (ii) the applicant demonstrates that the
                          applicant continues to have the staff expertise
                          and other resources necessary to implement a new
                          project.
                        (D) Financial commitment.--
                              (i) Requirements.--In determining whether an
                          eligible project is supported by an acceptable
                          degree of local financial commitment and shows
                          evidence of stable and dependable financing
                          sources for purposes of subparagraph (A)(v), the
                          Secretary shall require that--
                                        (I) each proposed source of capital
                                    and operating financing is stable,
                                    reliable, and available within the
                                    proposed eligible project timetable; and
                                        (II) resources are available to
                                    recapitalize, maintain, and operate the
                                    overall existing and proposed public
                                    transportation system, including
                                    essential feeder bus and other services
                                    necessary, without degradation to the
                                    existing level of public transportation
                                    services.
                              (ii) Considerations.--In assessing the
                          stability, reliability, and availability of
                          proposed sources of financing under clause (i),
                          the Secretary shall consider--
                                        (I) the reliability of the
                                    forecasting methods used to estimate
                                    costs and revenues made by the applicant
                                    and the contractors to the applicant;
                                        (II) existing grant commitments;
                                        (III) the degree to which financing
                                    sources are dedicated to the proposed
                                    eligible project;
                                        (IV) any debt obligation that exists
                                    or is proposed by the applicant, for the
                                    proposed eligible project or other
                                    public transportation purpose; and
                                        (V) private contributions to the
                                    eligible project, including cost-
                                    effective project delivery, management
                                    or transfer of project risks, expedited
                                    project schedule, financial partnering,
                                    and other public-private partnership
                                    strategies.
                        (E) Labor standards.--The requirements under section
                    5333 of title 49, United States Code, shall apply to
                    each recipient of a grant under this subsection.
                (4) Project advancement.--An applicant that desires a grant
            under this subsection and meets the requirements of paragraph
            (3) shall submit to the Secretary, and the Secretary shall
            approve for advancement, a grant request that contains--
                        (A) identification of an eligible project;
                        (B) a schedule and finance plan for the construction
                    and operation of the eligible project;
                        (C) an analysis of the efficiencies of the proposed
                    eligible project development and delivery methods and
                    innovative financing arrangement for the eligible
                    project, including any documents related to the--
                              (i) public-private partnership required under
                          paragraph (3)(A)(iii); and

    [[Page 129 STAT. 1458]]

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

    [[Page 129 STAT. 1459]]

                              (i) In general.--Except as provided in clause
                          (v), an eligible project shall be carried out
                          under this subsection through a full funding grant
                          agreement.
                              (ii) Criteria.--The Secretary shall enter into
                          a full funding grant agreement, based on the
                          requirements of this subparagraph, with each
                          applicant receiving assistance for an eligible
                          project that has received a written notice of
                          approval under paragraph (5)(A)(i).
                              (iii) Terms.--A full funding grant agreement
                          shall--
                                        (I) establish the terms of
                                    participation by the Federal Government
                                    in the eligible project;
                                        (II) establish the maximum amount of
                                    Federal financial assistance for the
                                    eligible project;
                                        (III) include the period of time for
                                    completing construction of the eligible
                                    project, consistent with the terms of
                                    the public-private partnership
                                    agreement, even if that period extends
                                    beyond the period of an authorization;
                                    and
                                        (IV) make timely and efficient
                                    management of the eligible project
                                    easier according to the law of the
                                    United States.
                              (iv) Special financial rules.--
                                        (I) In general.--A full funding
                                    grant agreement under this subparagraph
                                    obligates an amount of available budget
                                    authority specified in law and may
                                    include a commitment, contingent on
                                    amounts to be specified in law in
                                    advance for commitments under this
                                    subparagraph, to obligate an additional
                                    amount from future available budget
                                    authority specified in law.
                                        (II) Statement of contingent
                                    commitment.--A full funding grant
                                    agreement shall state that the
                                    contingent commitment is not an
                                    obligation of the Federal Government.
                                        (III) Interest and other financing
                                    costs.--Interest and other financing
                                    costs of efficiently carrying out a part
                                    of the eligible project within a
                                    reasonable time are a cost of carrying
                                    out the eligible project under a full
                                    funding grant agreement, except that
                                    eligible costs may not be more than the
                                    cost of the most favorable financing
                                    terms reasonably available for the
                                    eligible project at the time of
                                    borrowing. The applicant shall certify,
                                    in a way satisfactory to the Secretary,
                                    that the applicant has shown reasonable
                                    diligence in seeking the most favorable
                                    financing terms.
                                        (IV) Completion of operable
                                    segment.--The amount stipulated in an
                                    agreement under this subparagraph for a
                                    new fixed guideway capital project, core
                                    capacity improvement project, or small
                                    start project shall be sufficient to
                                    complete at least an operable segment.
                              (v) Exception.--
                                        (I) In general.--The Secretary, to
                                    the maximum extent practicable, shall
                                    provide Federal

    [[Page 129 STAT. 1460]]

                                    assistance under this subsection for a
                                    small start project in a single grant.
                                    If the Secretary cannot provide such a
                                    single grant, the Secretary may execute
                                    an expedited grant agreement in order to
                                    include a commitment on the part of the
                                    Secretary to provide funding for the
                                    project in future fiscal years.
                                        (II) Terms of expedited grant
                                    agreements.--In executing an expedited
                                    grant agreement under this clause, the
                                    Secretary may include in the agreement
                                    terms similar to those established under
                                    clause (iii).
                        (C) Limitation on amounts.--
                              (i) In general.--The Secretary may enter into
                          full funding grant agreements under this paragraph
                          for eligible projects that contain contingent
                          commitments to incur obligations in such amounts
                          as the Secretary determines are appropriate.
                              (ii) Appropriation required.--An obligation
                          may be made under this paragraph only when amounts
                          are appropriated for obligation.
                        (D) Notification to congress.--
                              (i) In general.--Not later than 30 days before
                          the date on which the Secretary issues a letter of
                          intent or enters into a full funding grant
                          agreement for an eligible project under this
                          paragraph, the Secretary shall notify, in writing,
                          the Committee on Banking, Housing, and Urban
                          Affairs and the Committee on Appropriations of the
                          Senate and the Committee on Transportation and
                          Infrastructure and the Committee on Appropriations
                          of the House of Representatives of the proposed
                          letter of intent or full funding grant agreement.
                              (ii) Contents.--The written notification under
                          clause (i) shall include a copy of the proposed
                          letter of intent or full funding grant agreement
                          for the eligible project.
                (9) Government share of net capital project cost.--
                        (A) In general.--A grant for an eligible project
                    shall not exceed 25 percent of the net capital project
                    cost.
                        (B) Remainder of net capital project cost.--The
                    remainder of the net capital project cost shall be
                    provided from an undistributed cash surplus, a
                    replacement or depreciation cash fund or reserve, or new
                    capital.
                        (C) Limitation on statutory construction.--Nothing
                    in this subsection shall be construed as authorizing the
                    Secretary to require a non-Federal financial commitment
                    for a project that is more than 75 percent of the net
                    capital project cost.
                        (D) Special rule for rolling stock costs.--In
                    addition to amounts allowed pursuant to subparagraph
                    (A), a planned extension to a fixed guideway system may
                    include the cost of rolling stock previously purchased
                    if the applicant satisfies the Secretary that only
                    amounts other than amounts provided by the Federal
                    Government were used and that the purchase was made for
                    use on the extension. A refund or reduction of the
                    remainder may

    [[Page 129 STAT. 1461]]

                    be made only if a refund of a proportional amount of the
                    grant of the Federal Government is made at the same
                    time.
                        (E) Failure to carry out project.--If an applicant
                    does not carry out an eligible project for reasons
                    within the control of the applicant, the applicant shall
                    repay all Federal funds awarded for the eligible project
                    from all Federal funding sources, for all eligible
                    project activities, facilities, and equipment, plus
                    reasonable interest and penalty charges allowable by
                    law.
                        (F) Crediting of funds received.--Any funds received
                    by the Federal Government under this paragraph, other
                    than interest and penalty charges, shall be credited to
                    the appropriation account from which the funds were
                    originally derived.
                (10) Availability of amounts.--
                        (A) In general.--An amount made available for an
                    eligible project shall remain available to that eligible
                    project for 4 fiscal years, including the fiscal year in
                    which the amount is made available. Any amounts that are
                    unobligated to the eligible project at the end of the 4-
                    fiscal-year period may be used by the Secretary for any
                    purpose under this subsection.
                        (B) Use of deobligated amounts.--An amount available
                    under this subsection that is deobligated may be used
                    for any purpose under this subsection.
                (11) Annual report on expedited project delivery for capital
            investment grants.--Not later than the first Monday in February
            of each year, the Secretary shall submit to the Committee on
            Banking, Housing, and Urban Affairs and the Committee on
            Appropriations of the Senate and the Committee on Transportation
            and Infrastructure and the Committee on Appropriations of the
            House of Representatives a report that includes a proposed
            amount to be available to finance grants for anticipated
            projects under this subsection.
                (12) Before and after study and report.--
                        (A) Study required.--Each recipient shall conduct a
                    study that--
                              (i) describes and analyzes the impacts of the
                          eligible project on public transportation services
                          and public transportation ridership;
                              (ii) describes and analyzes the consistency of
                          predicted and actual benefits and costs of the
                          innovative project development and delivery
                          methods or innovative financing for the eligible
                          project; and
                              (iii) identifies reasons for any differences
                          between predicted and actual outcomes for the
                          eligible project.
                        (B) Submission of report.--Not later than 2 years
                    after an eligible project that is selected under this
                    subsection begins revenue operations, the recipient
                    shall submit to the Secretary a report on the results of
                    the study conducted under subparagraph (A).
                (13) Rule of construction.--Nothing in this subsection shall
            be construed to--
                        (A) require the privatization of the operation or
                    maintenance of any project for which an applicant seeks
                    funding under this subsection;

    [[Page 129 STAT. 1462]]

                        (B) revise the determinations by local policies,
                    criteria, and decisionmaking under section 5306(a) of
                    title 49, United States Code;
                        (C) alter the requirements for locally developed,
                    coordinated, and implemented transportation plans under
                    sections 5303 and 5304 of title 49, United States Code;
                    or
                        (D) alter the eligibilities or priorities for
                    assistance under this subsection or section 5309 of
                    title 49, United States Code.
    SEC. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
                              DISABILITIES.

        (a) In General.--Section 5310 of title 49, United States Code, is
    amended--
                (1) in subsection (a), by striking paragraph (1) and
            inserting the following:
                ``(1) Recipient.--The term `recipient' means--
                        ``(A) a designated recipient or a State that
                    receives a grant under this section directly; or
                        ``(B) a State or local governmental entity that
                    operates a public transportation service.''; and
                (2) by adding at the end the following:

        ``(i) Best Practices.--The Secretary shall collect from, review, and
    disseminate to public transportation agencies--
                ``(1) innovative practices;
                ``(2) program models;
                ``(3) new service delivery options;
                ``(4) findings from activities under subsection (h); and
                ``(5) transit cooperative research program reports.''.

        (b) <<NOTE: 49 USC 5310 note.>> Pilot Program for Innovative
    Coordinated Access and Mobility.--
                (1) Definitions.--In this subsection--
                        (A) the term ``eligible project'' has the meaning
                    given the term ``capital project'' in section 5302 of
                    title 49, United States Code; and
                        (B) the term ``eligible recipient'' means a
                    recipient or subrecipient, as those terms are defined in
                    section 5310 of title 49, United States Code.
                (2) General authority.--The Secretary may make grants under
            this subsection to eligible recipients to assist in financing
            innovative projects for the transportation disadvantaged that
            improve the coordination of transportation services and
            nonemergency medical transportation services, including--
                        (A) the deployment of coordination technology;
                        (B) projects that create or increase access to
                    community One-Call/One-Click Centers; and
                        (C) such other projects as determined appropriate by
                    the Secretary.
                (3) Application.--An eligible recipient shall submit to the
            Secretary an application that, at a minimum, contains--
                        (A) a detailed description of the eligible project;
                        (B) an identification of all eligible project
                    partners and their specific role in the eligible
                    project, including--
                              (i) private entities engaged in the
                          coordination of nonemergency medical
                          transportation services for the transportation
                          disadvantaged; or

    [[Page 129 STAT. 1463]]

                              (ii) nonprofit entities engaged in the
                          coordination of nonemergency medical
                          transportation services for the transportation
                          disadvantaged;
                        (C) a description of how the eligible project
                    would--
                              (i) improve local coordination or access to
                          coordinated transportation services;
                              (ii) reduce duplication of service, if
                          applicable; and
                              (iii) provide innovative solutions in the
                          State or community; and
                        (D) specific performance measures the eligible
                    project will use to quantify actual outcomes against
                    expected outcomes.
                (4) Report.--The Secretary shall make publicly available an
            annual report on the pilot program carried out under this
            subsection for each fiscal year, not later than December 31 of
            the calendar year in which that fiscal year ends. The report
            shall include a detailed description of the activities carried
            out under the pilot program, and an evaluation of the program,
            including an evaluation of the performance measures described in
            paragraph (3)(D).
                (5) Government share of costs.--
                        (A) In general.--The Government share of the cost of
                    an eligible project carried out under this subsection
                    shall not exceed 80 percent.
                        (B) Non-government share.--The non-Government share
                    of the cost of an eligible project carried out under
                    this subsection may be derived from in-kind
                    contributions.
                (6) Rule of construction.--For purposes of this subsection,
            nonemergency medical transportation services shall be limited to
            services eligible under Federal programs other than programs
            authorized under chapter 53 of title 49, United States Code.

        (c) Coordinated Mobility.--
                (1) Definitions.--In this subsection, the following
            definitions apply:
                        (A) Allocated cost model.--The term ``allocated cost
                    model'' means a method of determining the cost of trips
                    by allocating the cost to each trip purpose served by a
                    transportation provider in a manner that is proportional
                    to the level of transportation service that the
                    transportation provider delivers for each trip purpose,
                    to the extent permitted by applicable Federal laws.
                        (B) Council.--The term ``Council'' means the
                    Interagency Transportation Coordinating Council on
                    Access and Mobility established under Executive Order
                    No. 13330 (49 U.S.C. 101 note).
                (2) Strategic plan.--Not later than 1 year after the date of
            enactment of this Act, the Council shall publish a strategic
            plan for the Council that--
                        (A) outlines the role and responsibilities of each
                    Federal agency with respect to local transportation
                    coordination, including nonemergency medical
                    transportation;
                        (B) identifies a strategy to strengthen interagency
                    collaboration;
                        (C) addresses any outstanding recommendations made
                    by the Council in the 2005 Report to the President
                    relating

    [[Page 129 STAT. 1464]]

                    to the implementation of Executive Order No. 13330,
                    including--
                              (i) a cost-sharing policy endorsed by the
                          Council; and
                              (ii) recommendations to increase participation
                          by recipients of Federal grants in locally
                          developed, coordinated planning processes;
                        (D) to the extent feasible, addresses
                    recommendations by the Comptroller General concerning
                    local coordination of transportation services;
                        (E) examines and proposes changes to Federal
                    regulations that will eliminate Federal barriers to
                    local transportation coordination, including non-
                    emergency medical transportation; and
                        (F) recommends to Congress changes to Federal laws,
                    including chapter 7 of title 42, United States Code,
                    that will eliminate Federal barriers to local
                    transportation coordination, including nonemergency
                    medical transportation.
                (3) Development of cost-sharing policy in compliance with
            applicable federal laws.--In establishing the cost-sharing
            policy required under paragraph (2), the Council may consider,
            to the extent practicable--
                        (A) the development of recommended strategies for
                    grantees of programs funded by members of the Council,
                    including strategies for grantees of programs that fund
                    nonemergency medical transportation, to use the cost-
                    sharing policy in a manner that does not violate
                    applicable Federal laws; and
                        (B) incorporation of an allocated cost model to
                    facilitate local coordination efforts that comply with
                    applicable requirements of programs funded by members of
                    the Council, such as--
                              (i) eligibility requirements;
                              (ii) service delivery requirements; and
                              (iii) reimbursement requirements.
                (4) Report.--The Council shall, concurrently with submission
            to the President of a report containing final recommendations of
            the Council, transmit such report to the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Banking, Housing, and Urban
            Affairs of the Senate.
    SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.

        (a) In General.--Section 5311 of title 49, United States Code, is
    amended--
                (1) in subsection (c)(1), by striking subparagraphs (A) and
            (B) and inserting the following:
                        ``(A) $5,000,000 for each fiscal year shall be
                    distributed on a competitive basis by the Secretary.
                        ``(B) $30,000,000 for each fiscal year shall be
                    apportioned as formula grants, as provided in subsection
                    (j).'';
                (2) in subsection (g)(3)--
                        (A) by redesignating subparagraphs (A) through (D)
                    as subparagraphs (C) through (F), respectively;
                        (B) by inserting before subparagraph (C) (as so
                    redesignated) the following:

    [[Page 129 STAT. 1465]]

                        ``(A) may be provided in cash from non-Government
                    sources;
                        ``(B) may be provided from revenues from the sale of
                    advertising and concessions;'';
                        (C) in subparagraph (F) (as so redesignated) by
                    inserting ``, including all operating and capital costs
                    of such service whether or not offset by revenue from
                    such service,'' after ``the costs of a private operator
                    for the unsubsidized segment of intercity bus service'';
                    and
                (3) in subsection (j)(1)--
                        (A) in subparagraph (A)(iii), by striking ``(as
                    defined by the Bureau of the Census)'' and inserting
                    ``(American Indian Areas, Alaska Native Areas, and
                    Hawaiian Home Lands, as defined by the Bureau of the
                    Census)''; and
                        (B) by adding at the end the following:
                        ``(E) Allocation between multiple indian tribes.--If
                    more than 1 Indian tribe provides public transportation
                    service on tribal lands in a single Tribal Statistical
                    Area, and the Indian tribes do not determine how to
                    allocate the funds apportioned under clause (iii) of
                    subparagraph (A) between the Indian tribes, the
                    Secretary shall allocate the funds so that each Indian
                    tribe shall receive an amount equal to the total amount
                    apportioned under such clause (iii) multiplied by the
                    ratio of the number of annual unlinked passenger trips
                    provided by each Indian tribe, as reported to the
                    National Transit Database, to the total unlinked
                    passenger trips provided by all Indian tribes in the
                    Tribal Statistical Area.''.

        (b) Conforming Amendments.--Section 5311 of such title is further
    amended--
                (1) in subsection (b) by striking ``5338(a)(2)(E)'' and
            inserting ``5338(a)(2)(F)'';
                (2) in subsection (c)--
                        (A) in paragraph (1), in the matter preceding
                    subparagraph (A), by striking ``5338(a)(2)(E)'' and
                    inserting ``5338(a)(2)(F)'';
                        (B) in paragraph (2)(C), by striking
                    ``5338(a)(2)(E)'' and inserting ``5338(a)(2)(F)''; and
                        (C) in paragraph (3)(A), by striking
                    ``5338(a)(2)(E)'' and inserting ``5338(a)(2)(F)''.
    SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.

        (a) Consolidation of Programs.--Section 5312 of title 49, United
    States Code, is amended--
                (1) by striking the section designation and heading and
            inserting the following:
    ``Sec. 5312. Public transportation innovation'';
                (2) by redesignating subsections (a) through (f) as
            subsections (b) through (g), respectively;
                (3) by inserting before subsection (b) (as so redesignated)
            the following:

        ``(a) In General.--The Secretary shall provide assistance for
    projects and activities to advance innovative public transportation
    research and development in accordance with the requirements of this
    section.'';
                (4) in subsection (e) (as so redesignated)--

    [[Page 129 STAT. 1466]]

                        (A) in paragraph (3)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``demonstration, deployment, or
                          evaluation'' before ``project that'';
                              (ii) in subparagraph (A), by striking ``and''
                          at the end;
                              (iii) in subparagraph (B), by striking the
                          period at the end and inserting ``; or''; and
                              (iv) by adding at the end the following:
                        ``(C) the deployment of low or no emission vehicles,
                    zero emission vehicles, or associated advanced
                    technology.''; and
                        (B) by striking paragraph (5) and inserting the
                    following:
                ``(5) Prohibition.--The Secretary may not make grants under
            this subsection for the demonstration, deployment, or evaluation
            of a vehicle that is in revenue service unless the Secretary
            determines that the project makes significant technological
            advancements in the vehicle.
                ``(6) Definitions.--In this subsection--
                        ``(A) the term `direct carbon emissions' means the
                    quantity of direct greenhouse gas emissions from a
                    vehicle, as determined by the Administrator of the
                    Environmental Protection Agency;
                        ``(B) the term `low or no emission vehicle' means--
                              ``(i) a passenger vehicle used to provide
                          public transportation that the Secretary
                          determines sufficiently reduces energy consumption
                          or harmful emissions, including direct carbon
                          emissions, when compared to a comparable standard
                          vehicle; or
                              ``(ii) a zero emission vehicle used to provide
                          public transportation; and
                        ``(C) the term `zero emission vehicle' means a low
                    or no emission vehicle that produces no carbon or
                    particulate matter.'';
                (5) by adding at the end the following:

        ``(h) Low or No Emission Vehicle Component Assessment.--
                ``(1) Definitions.--In this subsection--
                        ``(A) the term `covered institution of higher
                    education' means an institution of higher education with
                    which the Secretary enters into a contract or
                    cooperative agreement, or to which the Secretary makes a
                    grant, under paragraph (2)(B) to operate a facility
                    selected under paragraph (2)(A);
                        ``(B) the terms `direct carbon emissions' and `low
                    or no emission vehicle' have the meanings given those
                    terms in subsection (e)(6);
                        ``(C) the term `institution of higher education' has
                    the meaning given the term in section 102 of the Higher
                    Education Act of 1965 (20 U.S.C. 1002); and
                        ``(D) the term `low or no emission vehicle
                    component' means an item that is separately installed in
                    and removable from a low or no emission vehicle.
                ``(2) Assessing low or no emission vehicle components.--
                        ``(A) In general.--The Secretary shall competitively
                    select at least one facility to conduct testing,
                    evaluation,

    [[Page 129 STAT. 1467]]

                    and analysis of low or no emission vehicle components
                    intended for use in low or no emission vehicles.
                        ``(B) Operation and maintenance.--
                              ``(i) In general.--The Secretary shall enter
                          into a contract or cooperative agreement with, or
                          make a grant to, at least one institution of
                          higher education to operate and maintain a
                          facility selected under subparagraph (A).
                              ``(ii) Requirements.--An institution of higher
                          education described in clause (i) shall have--
                                        ``(I) capacity to carry out
                                    transportation-related advanced
                                    component and vehicle evaluation;
                                        ``(II) laboratories capable of
                                    testing and evaluation; and
                                        ``(III) direct access to or a
                                    partnership with a testing facility
                                    capable of emulating real-world
                                    circumstances in order to test low or no
                                    emission vehicle components installed on
                                    the intended vehicle.
                        ``(C) Fees.--A covered institution of higher
                    education shall establish and collect fees, which shall
                    be approved by the Secretary, for the assessment of low
                    or no emission vehicle components at the applicable
                    facility selected under subparagraph (A).
                        ``(D) Availability of amounts to pay for
                    assessment.--The Secretary shall enter into a contract
                    or cooperative agreement with, or make a grant to an
                    institution of higher education under which--
                              ``(i) the Secretary shall pay 50 percent of
                          the cost of assessing a low or no emission vehicle
                          component at the applicable facility selected
                          under subparagraph (A) from amounts made available
                          to carry out this section; and
                              ``(ii) the remaining 50 percent of such cost
                          shall be paid from amounts recovered through the
                          fees established and collected pursuant to
                          subparagraph (C).
                        ``(E) Voluntary testing.--A manufacturer of a low or
                    no emission vehicle component is not required to assess
                    the low or no emission vehicle component at a facility
                    selected under subparagraph (A).
                        ``(F) Compliance with section 5318.--Notwithstanding
                    whether a low or no emission vehicle component is
                    assessed at a facility selected under subparagraph (A),
                    each new bus model shall comply with the requirements
                    under section 5318.
                        ``(G) Separate facility.--A facility selected under
                    subparagraph (A) shall be separate and distinct from the
                    facility operated and maintained under section 5318.
                ``(3) Low or no emission vehicle component performance
            reports.--Not later than 2 years after the date of enactment of
            the Federal Public Transportation Act of 2015, and annually
            thereafter, the Secretary shall issue a report on low or no
            emission vehicle component assessments conducted at each
            facility selected under paragraph (2)(A), which shall include
            information related to the maintainability, reliability,

    [[Page 129 STAT. 1468]]

            performance, structural integrity, efficiency, and noise of
            those low or no emission vehicle components.
                ``(4) Public availability of assessments.--Each assessment
            conducted at a facility selected under paragraph (2)(A) shall be
            made publicly available, including to affected industries.
                ``(5) Rule of construction.--Nothing in this subsection
            shall be construed to require--
                        ``(A) a low or no emission vehicle component to be
                    tested at a facility selected under paragraph (2)(A); or
                        ``(B) the development or disclosure of a privately
                    funded component assessment.''.
                (6) in subsection (f) (as so redesignated)--
                        (A) by striking ``(f)'' and all that follows before
                    paragraph (1) and inserting the following:

        ``(g) Annual Report on Research.--Not later than the first Monday in
    February of each year, the Secretary shall make available to the public
    on the Web site of the Department of Transportation, a report that
    includes--''; and
                        (B) in paragraph (1) by adding ``and'' at the end;
                        (C) in paragraph (2) by striking ``; and'' and
                    inserting a period; and
                        (D) by striking paragraph (3); and
                (7) by adding at the end the following:

        ``(i) Transit Cooperative Research Program.--
                ``(1) In general.--The amounts made available under section
            5338(a)(2)(G)(ii) are available for a public transportation
            cooperative research program.
                ``(2) Independent governing board.--
                        ``(A) Establishment.--The Secretary shall establish
                    an independent governing board for the program under
                    this subsection.
                        ``(B) Recommendations.--The board shall recommend
                    public transportation research, development, and
                    technology transfer activities the Secretary considers
                    appropriate.
                ``(3) Federal assistance.--The Secretary may make grants to,
            and enter into cooperative agreements with, the National Academy
            of Sciences to carry out activities under this subsection that
            the Secretary considers appropriate.
                ``(4) Government share of costs.--If there would be a clear
            and direct financial benefit to an entity under a grant or
            contract financed under this subsection, the Secretary shall
            establish a Government share consistent with that benefit.
                ``(5) Limitation on applicability.--Subsections (f) and (g)
            shall not apply to activities carried out under this
            subsection.''.

        (b) Conforming Amendments.--Section 5312 of such title (as amended
    by subsection (a) of this section) is further amended--
                (1) in subsection (c)(1) by striking ``subsection (a)(2)''
            and inserting ``subsection (b)(2)'';
                (2) in subsection (d)--
                        (A) in paragraph (1) by striking ``subsection
                    (a)(2)'' and inserting ``subsection (b)(2)''; and
                        (B) in paragraph (2)(A) by striking ``subsection
                    (b)'' and inserting ``subsection (c)'';

    [[Page 129 STAT. 1469]]

                (3) in subsection (e)(2) in each of subparagraphs (A) and
            (B) by striking ``subsection (a)(2)'' and inserting ``subsection
            (b)(2)''; and
                (4) in subsection (f)(2) by striking ``subsection (d)(4)''
            and inserting ``subsection (e)(4)''.

        (c) Clerical Amendment.--The analysis for chapter 53 of such
    title <<NOTE: 49 USC prec. 5301.>> 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

    [[Page 129 STAT. 1470]]

                    those of the Department of Transportation through
                    technical assistance, training, and support services
                    related to complying with such requirements;
                        ``(C) meet the transportation needs of elderly
                    individuals;
                        ``(D) increase transit ridership in coordination
                    with metropolitan planning organizations and other
                    entities through development around public
                    transportation stations through technical assistance and
                    the development of tools, guidance, and analysis related
                    to market-based development around transit stations;
                        ``(E) address transportation equity with regard to
                    the effect that transportation planning, investment, and
                    operations have for low-income and minority individuals;
                        ``(F) facilitate best practices to promote bus
                    driver safety;
                        ``(G) meet the requirements of sections 5323(j) and
                    5323(m);
                        ``(H) assist with the development and deployment of
                    low or no emission vehicles (as defined in section
                    5339(c)(1)) or low or no emission vehicle components (as
                    defined in section 5312(h)(1)); and
                        ``(I) any other technical assistance activity that
                    the Secretary determines is necessary to advance the
                    interests of public transportation.
                ``(3) Annual report on technical assistance.--Not later than
            the first Monday in February of each year, the Secretary shall
            submit to the Committee on Banking, Housing, and Urban Affairs
            and the Committee on Appropriations of the Senate and the
            Committee on Transportation and Infrastructure, the Committee on
            Science, Space, and Technology, and the Committee on
            Appropriations of the House of Representatives a report that
            includes--
                        ``(A) a description of each project that received
                    assistance under this subsection during the preceding
                    fiscal year;
                        ``(B) an evaluation of the activities carried out by
                    each organization that received assistance under this
                    subsection during the preceding fiscal year;
                        ``(C) a proposal for allocations of amounts for
                    assistance under this subsection for the subsequent
                    fiscal year; and
                        ``(D) measurable outcomes and impacts of the
                    programs funded under subsections (b) and (c).
                ``(4) Government share of costs.--
                        ``(A) In general.--The Government share of the cost
                    of an activity carried out using a grant under this
                    subsection may not exceed 80 percent.
                        ``(B) Non-government share.--The non-Government
                    share of the cost of an activity carried out using a
                    grant under this subsection may be derived from in-kind
                    contributions.

        ``(b) Human Resources and Training.--
                ``(1) In general.--The Secretary may undertake, or make
            grants and contracts for, programs that address human resource
            needs as they apply to public transportation activities. A
            program may include--
                        ``(A) an employment training program;

    [[Page 129 STAT. 1471]]

                        ``(B) an outreach program to increase employment for
                    veterans, females, individuals with a disability,
                    minorities (including American Indians or Alaska
                    Natives, Asian, Black or African Americans, native
                    Hawaiians or other Pacific Islanders, and Hispanics) in
                    public transportation activities;
                        ``(C) research on public transportation personnel
                    and training needs;
                        ``(D) training and assistance for veteran and
                    minority business opportunities; and
                        ``(E) consensus-based national training standards
                    and certifications in partnership with industry
                    stakeholders.
                ``(2) Innovative public transportation frontline workforce
            development program.--
                        ``(A) In general.--The Secretary shall establish a
                    competitive grant program to assist the development of
                    innovative activities eligible for assistance under
                    paragraph (1).
                        ``(B) Eligible programs.--A program eligible for
                    assistance under paragraph (1) shall--
                              ``(i) develop apprenticeships, on-the-job
                          training, and instructional training for public
                          transportation maintenance and operations
                          occupations;
                              ``(ii) build local, regional, and statewide
                          public transportation training partnerships with
                          local public transportation operators, labor union
                          organizations, workforce development boards, and
                          State workforce agencies to identify and address
                          workforce skill gaps;
                              ``(iii) improve safety, security, and
                          emergency preparedness in local public
                          transportation systems through improved safety
                          culture and workforce communication with first
                          responders and the riding public; and
                              ``(iv) address current or projected workforce
                          shortages by developing partnerships with high
                          schools, community colleges, and other community
                          organizations.
                        ``(C) Selection of recipients.--To the maximum
                    extent feasible, the Secretary shall select recipients
                    that--
                              ``(i) are geographically diverse;
                              ``(ii) address the workforce and human
                          resources needs of large public transportation
                          providers;
                              ``(iii) address the workforce and human
                          resources needs of small public transportation
                          providers;
                              ``(iv) address the workforce and human
                          resources needs of urban public transportation
                          providers;
                              ``(v) address the workforce and human
                          resources needs of rural public transportation
                          providers;
                              ``(vi) advance training related to maintenance
                          of low or no emission vehicles and facilities used
                          in public transportation;
                              ``(vii) target areas with high rates of
                          unemployment;
                              ``(viii) advance opportunities for minorities,
                          women, veterans, individuals with disabilities,
                          low-income populations, and other underserved
                          populations; and

    [[Page 129 STAT. 1472]]

                              ``(ix) address in-demand industry sector or
                          occupation, as such term is defined in section 3
                          of the Workforce Innovation and Opportunity Act
                          (29 U.S.C. 3102).
                        ``(D) Program outcomes.--A recipient of assistance
                    under this subsection shall demonstrate outcomes for any
                    program that includes skills training, on-the-job
                    training, and work-based learning, including--
                              ``(i) the impact on reducing public
                          transportation workforce shortages in the area
                          served;
                              ``(ii) the diversity of training participants;
                              ``(iii) the number of participants obtaining
                          certifications or credentials required for
                          specific types of employment;
                              ``(iv) employment outcomes, including job
                          placement, job retention, and wages, using
                          performance metrics established in consultation
                          with the Secretary and the Secretary of Labor and
                          consistent with metrics used by programs under the
                          Workforce Innovation and Opportunity Act (29
                          U.S.C. 3101 et seq.); and
                              ``(v) to the extent practical, evidence that
                          the program did not preclude workers who are
                          participating in skills training, on-the-job
                          training, and work-based learning from being
                          referred to, or hired on, projects funded under
                          this chapter without regard to the length of time
                          of their participation in the program.
                        ``(E) Report to congress.--The Secretary shall make
                    publicly available a report on the Frontline Workforce
                    Development Program for each fiscal year, not later than
                    December 31 of the calendar year in which that fiscal
                    year ends. The report shall include a detailed
                    description of activities carried out under this
                    paragraph, an evaluation of the program, and policy
                    recommendations to improve program effectiveness.
                ``(3) Government's share of costs.--The Government share of
            the cost of a project carried out using a grant under paragraph
            (1) or (2) shall be 50 percent.
                ``(4) Availability of amounts.--Not more than 0.5 percent of
            amounts made available to a recipient under sections 5307, 5337,
            and 5339 is available for expenditures by the recipient, with
            the approval of the Secretary, to pay not more than 80 percent
            of the cost of eligible activities under this subsection.

        ``(c) National Transit Institute.--
                ``(1) Establishment.--The Secretary shall establish a
            national transit institute and award grants to a public 4-year
            degree-granting institution of higher education, as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a)), in order to carry out the duties of the institute.
                ``(2) Duties.--
                        ``(A) In general.--In cooperation with the Federal
                    Transit Administration, State transportation
                    departments, public transportation authorities, and
                    national and international entities, the institute
                    established under paragraph (1) shall develop and
                    conduct training and educational programs for Federal,
                    State, and local transportation employees, United States
                    citizens, and foreign nationals

    [[Page 129 STAT. 1473]]

                    engaged or to be engaged in Government-aid public
                    transportation work.
                        ``(B) Training and educational programs.--The
                    training and educational programs developed under
                    subparagraph (A) may include courses in recent
                    developments, techniques, and procedures related to--
                              ``(i) intermodal and public transportation
                          planning;
                              ``(ii) management;
                              ``(iii) environmental factors;
                              ``(iv) acquisition and joint use rights-of-
                          way;
                              ``(v) engineering and architectural design;
                              ``(vi) procurement strategies for public
                          transportation systems;
                              ``(vii) turnkey approaches to delivering
                          public transportation systems;
                              ``(viii) new technologies;
                              ``(ix) emission reduction technologies;
                              ``(x) ways to make public transportation
                          accessible to individuals with disabilities;
                              ``(xi) construction, construction management,
                          insurance, and risk management;
                              ``(xii) maintenance;
                              ``(xiii) contract administration;
                              ``(xiv) inspection;
                              ``(xv) innovative finance;
                              ``(xvi) workplace safety; and
                              ``(xvii) public transportation security.
                ``(3) Provision for education and training.--Education and
            training of Government, State, and local transportation
            employees under this subsection shall be provided--
                        ``(A) by the Secretary at no cost to the States and
                    local governments for subjects that are a Government
                    program responsibility; or
                        ``(B) when the education and training are paid under
                    paragraph (4), by the State, with the approval of the
                    Secretary, through grants and contracts with public and
                    private agencies, other institutions, individuals, and
                    the institute.
                ``(4) Availability of amounts.--
                        ``(A) In general.--Not more than 0.5 percent of
                    amounts made available to a recipient under sections
                    5307, 5337, and 5339 is available for expenditures by
                    the recipient, with the approval of the Secretary, to
                    pay not more than 80 percent of the cost of eligible
                    activities under this subsection.
                        ``(B) Existing programs.--A recipient may use
                    amounts made available under subparagraph (A) to carry
                    out existing local education and training programs for
                    public transportation employees supported by the
                    Secretary, the Department of Labor, or the Department of
                    Education.''.

        (b) Clerical Amendment.--The analysis for chapter 53 of such
    title <<NOTE: 49 USC prec. 5301.>> is amended by striking the item
    relating to section 5314 and inserting the following:

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

    [[Page 129 STAT. 1474]]

    SEC. 3010. PRIVATE SECTOR PARTICIPATION.

        (a) In General.--Section 5315 of title 49, United States Code, is
    amended by adding at the end the following:
        ``(d) Rule of Construction.--Nothing in this section shall be
    construed to alter--
                ``(1) the eligibilities, requirements, or priorities for
            assistance provided under this chapter; or
                ``(2) the requirements of section 5306(a).''.

        (b) MAP-21 Technical Correction.--Section 20013(d) of MAP-21 (Public
    Law 112-141; 126 Stat. 694) <<NOTE: 49 USC 5303 note.>> is amended by
    striking ``5307(c)'' and inserting ``5307(b)''.
    SEC. 3011. GENERAL PROVISIONS.

        Section 5323 of title 49, United States Code, is amended--
                (1) in subsection (h)--
                        (A) in paragraph (1), by striking ``or'' at the end;
                        (B) by redesignating paragraph (2) as paragraph (3);
                    and
                        (C) by inserting after paragraph (1) the following:
                ``(2) pay incremental costs of incorporating art or non-
            functional landscaping into facilities, including the costs of
            an artist on the design team; or'';
                (2) in subsection (j)--
                        (A) in paragraph (2), by striking subparagraph (C)
                    and inserting the following:
                        ``(C) when procuring rolling stock (including train
                    control, communication, traction power equipment, and
                    rolling stock prototypes) under this chapter--
                              ``(i) the cost of components and subcomponents
                          produced in the United States--
                                        ``(I) for fiscal years 2016 and
                                    2017, is more than 60 percent of the
                                    cost of all components of the rolling
                                    stock;
                                        ``(II) for fiscal years 2018 and
                                    2019, is more than 65 percent of the
                                    cost of all components of the rolling
                                    stock; and
                                        ``(III) for fiscal year 2020 and
                                    each fiscal year thereafter, is more
                                    than 70 percent of the cost of all
                                    components of the rolling stock; and
                              ``(ii) final assembly of the rolling stock has
                          occurred in the United States; or'';
                        (B) by redesignating paragraphs (5) through (9) as
                    paragraphs (7) through (11), respectively;
                        (C) by inserting after paragraph (4) the following:
                ``(5) Rolling stock frames or car shells.--In carrying out
            paragraph (2)(C) in the case of a rolling stock procurement
            receiving assistance under this chapter in which the average
            cost of a rolling stock vehicle in the procurement is more than
            $300,000, if rolling stock frames or car shells are not produced
            in the United States, the Secretary shall include in the
            calculation of the domestic content of the rolling stock the
            cost of steel or iron that is produced in the United States and
            used in the rolling stock frames or car shells.
                ``(6) Certification of domestic supply and disclosure.--
                        ``(A) Certification of domestic supply.--If the
                    Secretary denies an application for a waiver under
                    paragraph

    [[Page 129 STAT. 1475]]

                    (2), the Secretary shall provide to the applicant a
                    written certification that--
                              ``(i) the steel, iron, or manufactured goods,
                          as applicable, (referred to in this subparagraph
                          as the `item') is produced in the United States in
                          a sufficient and reasonably available amount;
                              ``(ii) the item produced in the United States
                          is of a satisfactory quality; and
                              ``(iii) includes a list of known manufacturers
                          in the United States from which the item can be
                          obtained.
                        ``(B) Disclosure.--The Secretary shall disclose the
                    waiver denial and the written certification to the
                    public in an easily identifiable location on the website
                    of the Department of Transportation.'';
                        (D) in paragraph (8), as so redesignated, by
                    striking ``Federal Public Transportation Act of 2012''
                    and inserting ``Federal Public Transportation Act of
                    2015''; and
                        (E) by inserting after paragraph (11), as so
                    redesignated, the following:
                ``(12) Steel and iron.--For purposes of this subsection,
            steel and iron meeting the requirements of section 661.5(b) of
            title 49, Code of Federal Regulations may be considered produced
            in the United States.
                ``(13) Definition of small purchase.--For purposes of
            determining whether a purchase qualifies for a general public
            interest waiver under paragraph (2)(A) of this subsection,
            including under any regulation promulgated under that paragraph,
            the term `small purchase' means a purchase of not more than
            $150,000.'';
                (3) in subsection (q)(1), by striking the second sentence;
            and
                (4) by adding at the end the following:

        ``(s) Value Capture Revenue Eligible for Local Share.--
    Notwithstanding any other provision of law, a recipient of assistance
    under this chapter may use the revenue generated from value capture
    financing mechanisms as local matching funds for capital projects and
    operating costs eligible under this chapter.
        ``(t) Special Condition on Charter Bus Transportation Service.--If,
    in a fiscal year, the Secretary is prohibited by law from enforcing
    regulations related to charter bus service under part 604 of title 49,
    Code of Federal Regulations, for any transit agency that during fiscal
    year 2008 was both initially granted a 60-day period to come into
    compliance with such part 604, and then was subsequently granted an
    exception from such part--
                ``(1) the transit agency shall be precluded from receiving
            its allocation of urbanized area formula grant funds for such
            fiscal year; and
                ``(2) any amounts withheld pursuant to paragraph (1) shall
            be added to the amount that the Secretary may apportion under
            section 5336 in the following fiscal year.''.
    SEC. 3012. PROJECT MANAGEMENT OVERSIGHT.

        Section 5327 of title 49, United States Code, is amended--
                (1) in subsection (c) by striking ``section 5338(i)'' and
            inserting section ``5338(f)'' ; and
                (2) in subsection (d)--
                        (A) in paragraph (1)--

    [[Page 129 STAT. 1476]]

                              (i) by striking ``section 5338(i)'' and
                          inserting section 5338(f); and
                              (ii) by striking ``and'' at the end; and
                        (B) by striking paragraph (2) and inserting the
                    following:
                ``(2) a requirement that oversight--
                        ``(A) begin during the project development phase of
                    a project, unless the Secretary finds it more
                    appropriate to begin the oversight during another phase
                    of the project, to maximize the transportation benefits
                    and cost savings associated with project management
                    oversight; and
                        ``(B) be limited to quarterly reviews of compliance
                    by the recipient with the project management plan
                    approved under subsection (b) unless the Secretary finds
                    that the recipient requires more frequent oversight
                    because the recipient has failed to meet the
                    requirements of such plan and the project may be at risk
                    of going over budget or becoming behind schedule; and
                ``(3) a process for recipients that the Secretary has found
            require more frequent oversight to return to quarterly reviews
            for purposes of paragraph (2)(B).''.
    SEC. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM.

        Section 5329 of title 49, United States Code, is amended--
                (1) in subsection (b)(2)--
                        (A) in subparagraph (C) by striking ``and'' at the
                    end;
                        (B) by redesignating subparagraph (D) as
                    subparagraph (E); and
                        (C) by inserting after subparagraph (C) the
                    following:
                        ``(D) minimum safety standards to ensure the safe
                    operation of public transportation systems that--
                              ``(i) are not related to performance standards
                          for public transportation vehicles developed under
                          subparagraph (C); and
                              ``(ii) to the extent practicable, take into
                          consideration--
                                        ``(I) relevant recommendations of
                                    the National Transportation Safety
                                    Board;
                                        ``(II) best practices standards
                                    developed by the public transportation
                                    industry;
                                        ``(III) any minimum safety standards
                                    or performance criteria being
                                    implemented across the public
                                    transportation industry;
                                        ``(IV) relevant recommendations from
                                    the report under section 3020 of the
                                    Federal Public Transportation Act of
                                    2015; and
                                        ``(V) any additional information
                                    that the Secretary determines necessary
                                    and appropriate; and'';
                (2) in subsection (e)--
                        (A) by redesignating paragraphs (8) and (9) as
                    paragraphs (9) and (10), respectively; and
                        (B) by inserting after paragraph (7) the following:
                ``(8) Federal safety management.--
                        ``(A) In general.--If the Secretary determines that
                    a State safety oversight program is not being carried
                    out in accordance with this section, has become
                    inadequate

    [[Page 129 STAT. 1477]]

                    to ensure the enforcement of Federal safety regulation,
                    or is incapable of providing adequate safety oversight
                    consistent with the prevention of substantial risk of
                    death, or personal injury, the Secretary shall
                    administer the State safety oversight program until the
                    eligible State develops a State safety oversight program
                    certified by the Secretary in accordance with this
                    subsection.
                        ``(B) Temporary federal oversight.--In making a
                    determination under subparagraph (A), the Secretary
                    shall--
                              ``(i) transmit to the eligible State and
                          affected recipient or recipients, a written
                          explanation of the determination or subsequent
                          finding, including any intention to withhold
                          funding under this section, the amount of funds
                          proposed to be withheld, and if applicable, a
                          formal notice of a withdrawal of State safety
                          oversight program approval; and
                              ``(ii) require the State to submit a State
                          safety oversight program or modification for
                          certification by the Secretary that meets the
                          requirements of this subsection.
                        ``(C) Failure to correct.--If the Secretary
                    determines in accordance with subparagraph (A), that a
                    State safety oversight program or modification required
                    pursuant to subparagraph (B)(ii), submitted by a State
                    is not sufficient, the Secretary may--
                              ``(i) withhold funds available under paragraph
                          (6) in an amount determined by the Secretary;
                              ``(ii) beginning 1 year after the date of the
                          determination, withhold not more than 5 percent of
                          the amount required to be appropriated for use in
                          a State or an urbanized area in the State under
                          section 5307, until the State safety oversight
                          program or modification has been certified; and
                              ``(iii) use any other authorities authorized
                          under this chapter considered necessary and
                          appropriate.
                        ``(D) Administrative and oversight activities.--To
                    carry out administrative and oversight activities
                    authorized by this paragraph, the Secretary may use
                    grant funds apportioned to an eligible State, under
                    paragraph (6), to develop or carry out a State safety
                    oversight program.'';
                (3) in subsection (f)(2), by inserting ``or the public
            transportation industry generally'' after ``recipients'';
                (4) in subsection (g)(1)--
                        (A) in the matter preceding subparagraph (A) by
                    striking ``an eligible State, as defined in subsection
                    (e),'' and inserting ``a recipient'';
                        (B) in subparagraph (C) by striking ``and'' at the
                    end;
                        (C) in subparagraph (D) by striking the period at
                    the end and inserting ``; and''; and
                        (D) by adding at the end the following:
                        ``(E) withholding not more than 25 percent of
                    financial assistance under section 5307.'';
                (5) in subsection (g)(2)(A)--
                        (A) by inserting after ``funds'' the following: ``or
                    withhold funds''; and

    [[Page 129 STAT. 1478]]

                        (B) by inserting ``or (1)(E)'' after ``paragraph
                    (1)(D)''; and
                (6) by striking subsection (h) and inserting the following:

        ``(h) Restrictions and Prohibitions.--
                ``(1) Restrictions and prohibitions.--The Secretary shall
            issue restrictions and prohibitions by whatever means are
            determined necessary and appropriate, without regard to section
            5334(c), if, through testing, inspection, investigation, audit,
            or research carried out under this chapter, the Secretary
            determines that an unsafe condition or practice, or a
            combination of unsafe conditions and practices, exist such that
            there is a substantial risk of death or personal injury.
                ``(2) Notice.--The notice of restriction or prohibition
            shall describe the condition or practice, the subsequent risk
            and the standards and procedures required to address the
            restriction or prohibition.
                ``(3) Continued authority.--Nothing in this subsection shall
            be construed as limiting the Secretary's authority to maintain a
            restriction or prohibition for as long as is necessary to ensure
            that the risk has been substantially addressed.''.
    SEC. 3014. APPORTIONMENTS.

        Section 5336 of title 49, United States Code, is amended--
                (1) in subsection (a) in the matter preceding paragraph (1)
            by striking ``subsection (h)(4)'' and inserting ``subsection
            (h)(5)'';
                (2) in subsection (b)(2)(E) by striking ``22.27 percent''
            and inserting ``27 percent''; and
                (3) in subsection (h)--
                        (A) by striking paragraph (1) and inserting the
                    following:
                ``(1) $30,000,000 shall be set aside each fiscal year to
            carry out section 5307(h);''; and
                        (B) by striking paragraph (3) and inserting the
                    following:
                ``(3) of amounts not apportioned under paragraphs (1) and
            (2)--
                        ``(A) for fiscal years 2016 through 2018, 1.5
                    percent shall be apportioned to urbanized areas with
                    populations of less than 200,000 in accordance with
                    subsection (i); and
                        ``(B) for fiscal years 2019 and 2020, 2 percent
                    shall be apportioned to urbanized areas with populations
                    of less than 200,000 in accordance with subsection
                    (i);''.
    SEC. 3015. STATE OF GOOD REPAIR GRANTS.

        (a) In General.--Section 5337 of title 49, United States Code, is
    amended--
                (1) in subsection (c)(2)(B), by inserting ``the provisions
            of'' before ``section 5336(b)(1)'';
                (2) in subsection (d)--
                        (A) in paragraph (2) by inserting ``vehicle'' after
                    ``motorbus''; and
                        (B) by adding at the end the following:
                ``(5) Use of funds.--Amounts apportioned under this
            subsection may be used for any project that is an eligible
            project under subsection (b)(1).''; and
                (3) by adding at the end the following:

    [[Page 129 STAT. 1479]]

        ``(e) Government Share of Costs.--
                ``(1) Capital projects.--A grant for a capital project under
            this section shall be for 80 percent of the net project cost of
            the project. The recipient may provide additional local matching
            amounts.
                ``(2) Remaining costs.--The remainder of the net project
            cost shall be provided--
                        ``(A) in cash from non-Government sources;
                        ``(B) from revenues derived from the sale of
                    advertising and concessions; or
                        ``(C) from an undistributed cash surplus, a
                    replacement or depreciation cash fund or reserve, or new
                    capital.''.

        (b) Conforming Amendments.--Section 5337 of such title is further
    amended--
                (1) in subsection (c)(1) by striking ``5338(a)(2)(I)'' and
            inserting ``5338(a)(2)(K)''; and
                (2) in subsection (d)(2) by striking ``5338(a)(2)(I)'' and
            inserting ``5338(a)(2)(K)''.
    SEC. 3016. AUTHORIZATIONS.

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

        ``(a) Grants.--
                ``(1) In general.--There shall be available from the Mass
            Transit Account of the Highway Trust Fund to carry out sections
            5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and
            5340, section 20005(b) of the Federal Public Transportation Act
            of 2012, and sections 3006(b) of the Federal Public
            Transportation Act of 2015--
                        ``(A) $9,347,604,639 for fiscal year 2016;
                        ``(B) $9,534,706,043 for fiscal year 2017;
                        ``(C) $9,733,353,407 for fiscal year 2018;
                        ``(D) $9,939,380,030 for fiscal year 2019; and
                        ``(E) $10,150,348,462 for fiscal year 2020.
                ``(2) Allocation of funds.--Of the amounts made available
            under paragraph (1)--
                        ``(A) $130,732,000 for fiscal year 2016,
                    $133,398,933 for fiscal year 2017, $136,200,310 for
                    fiscal year 2018, $139,087,757 for fiscal year 2019, and
                    $142,036,417 for fiscal year 2020, shall be available to
                    carry out section 5305;
                        ``(B) $10,000,000 for each of fiscal years 2016
                    through 2020 shall be available to carry out section
                    20005(b) of the Federal Public Transportation Act of
                    2012;
                        ``(C) $4,538,905,700 for fiscal year 2016,
                    $4,629,683,814 for fiscal year 2017, $4,726,907,174 for
                    fiscal year 2018, $4,827,117,606 for fiscal year 2019,
                    and $4,929,452,499 for fiscal year 2020 shall be
                    allocated in accordance with section 5336 to provide
                    financial assistance for urbanized areas under section
                    5307;
                        ``(D) $262,949,400 for fiscal year 2016,
                    $268,208,388 for fiscal year 2017, $273,840,764 for
                    fiscal year 2018, $279,646,188 for fiscal year 2019, and
                    $285,574,688 for fiscal year 2020 shall be available to
                    provide financial assistance for services for the
                    enhanced mobility of seniors and individuals with
                    disabilities under section 5310;

    [[Page 129 STAT. 1480]]

                        ``(E) $2,000,000 for fiscal year 2016, $3,000,000
                    for fiscal year 2017, $3,250,000 for fiscal year 2018,
                    $3,500,000 for fiscal year 2019 and $3,500,000 for
                    fiscal year 2020 shall be available for the pilot
                    program for innovative coordinated access and mobility
                    under section 3006(b) of the Federal Public
                    Transportation Act of 2015;
                        ``(F) $619,956,000 for fiscal year 2016,
                    $632,355,120 for fiscal year 2017, $645,634,578 for
                    fiscal year 2018, $659,322,031 for fiscal year 2019, and
                    $673,299,658 for fiscal year 2020 shall be available to
                    provide financial assistance for rural areas under
                    section 5311, of which not less than--
                              ``(i) $35,000,000 for each of fiscal years
                          2016 through 2020 shall be available to carry out
                          section 5311(c)(1); and
                              ``(ii) $20,000,000 for each of fiscal years
                          2016 through 2020 shall be available to carry out
                          section 5311(c)(2);
                        ``(G) $28,000,000 for each of fiscal years 2016
                    through 2020 shall be available to carry out section
                    5312, of which--
                              ``(i) $3,000,000 for each of fiscal years 2016
                          through 2020 shall be available to carry out
                          section 5312(h); and
                              ``(ii) $5,000,000 for each of fiscal years
                          2016 through 2020 shall be available to carry out
                          section 5312(i);
                        ``(H) $9,000,000 for each of fiscal years 2016
                    through 2020 shall be available to carry out section
                    5314; of which $5,000,000 shall be available for the
                    national transit institute under section 5314(c);
                        ``(I) $3,000,000 for each of fiscal years 2016
                    through 2020 shall be available for bus testing under
                    section 5318;
                        ``(J) $4,000,000 for each of fiscal years 2016
                    through 2020 shall be available to carry out section
                    5335;
                        ``(K) $2,507,000,000 for fiscal year 2016,
                    $2,549,670,000 for fiscal year 2017, $2,593,703,558 for
                    fiscal year 2018, $2,638,366,859 for fiscal year 2019,
                    and $2,683,798,369 for fiscal year 2020 shall be
                    available to carry out section 5337;
                        ``(L) $427,800,000 for fiscal year 2016,
                    $436,356,000 for fiscal year 2017, $445,519,476 for
                    fiscal year 2018, $454,964,489 for fiscal year 2019, and
                    $464,609,736 for fiscal year 2020 shall be available for
                    the bus and buses facilities program under section
                    5339(a);
                        ``(M) $268,000,000 for fiscal year 2016,
                    $283,600,000 for fiscal year 2017, $301,514,000 for
                    fiscal year 2018, $322,059,980 for fiscal year 2019, and
                    $344,044,179 for fiscal year 2020 shall be available for
                    buses and bus facilities competitive grants under
                    section 5339(b) and no or low emission grants under
                    section 5339(c), of which $55,000,000 for each of fiscal
                    years 2016 through 2020 shall be available to carry out
                    section 5339(c); and
                        ``(N) $536,261,539 for fiscal year 2016,
                    $544,433,788 for fiscal year 2017, $552,783,547 for
                    fiscal year 2018, $561,315,120 for fiscal year 2019 and
                    $570,032,917 for

    [[Page 129 STAT. 1481]]

                    fiscal year 2020, to carry out section 5340 to provide
                    financial assistance for urbanized areas under section
                    5307 and rural areas under section 5311, of which--
                              ``(i) $272,297,083 for fiscal year 2016,
                          $279,129,510 for fiscal year 2017, $286,132,747
                          for fiscal year 2018, $293,311,066 for fiscal year
                          2019, $300,668,843 for fiscal year 2020 shall be
                          for growing States under section 5340(c); and
                              ``(ii) $263,964,457 for fiscal year 2016,
                          $265,304,279 for fiscal year 2017, $266,650,800
                          for fiscal year 2018, $268,004,054 for fiscal year
                          2019, $269,364,074 for fiscal year 2020 shall be
                          for high density States under section 5340(d).

        ``(b) Research, Development, Demonstration, and Deployment
    Program.--There are authorized to be appropriated to carry out section
    5312, other than subsections (h) and (i) of that section, $20,000,000
    for each of fiscal years 2016 through 2020.
        ``(c) Technical Assistance and Training.--There are authorized to be
    appropriated to carry out section 5314, $5,000,000 for each of fiscal
    years 2016 through 2020.
        ``(d) Capital Investment Grants.--There are authorized to be
    appropriated to carry out section 5309 of this title and section 3005(b)
    of the Federal Public Transportation Act of 2015, $2,301,785,760 for
    each of fiscal years 2016 through 2020.
        ``(e) Administration.--
                ``(1) In general.--There are authorized to be appropriated
            to carry out section 5334, $115,016,543 for each of fiscal years
            2016 through 2020.
                ``(2) Section 5329.--Of the amounts authorized to be
            appropriated under paragraph (1), not less than $5,000,000 for
            each of fiscal years 2016 through 2020 shall be available to
            carry out section 5329.
                ``(3) Section 5326.--Of the amounts made available under
            paragraph (2), not less than $2,000,000 for each of fiscal years
            2016 through 2020 shall be available to carry out section 5326.

        ``(f) Oversight.--
                ``(1) In general.--Of the amounts made available to carry
            out this chapter for a fiscal year, the Secretary may use not
            more than the following amounts for the activities described in
            paragraph (2):
                        ``(A) 0.5 percent of amounts made available to carry
                    out section 5305.
                        ``(B) 0.75 percent of amounts made available to
                    carry out section 5307.
                        ``(C) 1 percent of amounts made available to carry
                    out section 5309.
                        ``(D) 1 percent of amounts made available to carry
                    out section 601 of the Passenger Rail Investment and
                    Improvement Act of 2008 (Public Law 110-432; 126 Stat.
                    4968).
                        ``(E) 0.5 percent of amounts made available to carry
                    out section 5310.
                        ``(F) 0.5 percent of amounts made available to carry
                    out section 5311.
                        ``(G) 1 percent of amounts made available to carry
                    out section 5337, of which not less than 0.25 percent of

    [[Page 129 STAT. 1482]]

                    amounts made available for this subparagraph shall be
                    available to carry out section 5329.
                        ``(H) 0.75 percent of amounts made available to
                    carry out section 5339.
                ``(2) Activities.--The activities described in this
            paragraph are as follows:
                        ``(A) Activities to oversee the construction of a
                    major capital project.
                        ``(B) Activities to review and audit the safety and
                    security, procurement, management, and financial
                    compliance of a recipient or subrecipient of funds under
                    this chapter.
                        ``(C) Activities to provide technical assistance
                    generally, and to provide technical assistance to
                    correct deficiencies identified in compliance reviews
                    and audits carried out under this section.
                ``(3) Government share of costs.--The Government shall pay
            the entire cost of carrying out a contract under this
            subsection.
                ``(4) Availability of certain funds.--Funds made available
            under paragraph (1)(C) shall be made available to the Secretary
            before allocating the funds appropriated to carry out any
            project under a full funding grant agreement.

        ``(g) Grants as Contractual Obligations.--
                ``(1) Grants financed from highway trust fund.--A grant or
            contract that is approved by the Secretary and financed with
            amounts made available from the Mass Transit Account of the
            Highway Trust Fund pursuant to this section is a contractual
            obligation of the Government to pay the Government share of the
            cost of the project.
                ``(2) Grants financed from general fund.--A grant or
            contract that is approved by the Secretary and financed with
            amounts appropriated in advance from the General Fund of the
            Treasury pursuant to this section is a contractual obligation of
            the Government to pay the Government share of the cost of the
            project only to the extent that amounts are appropriated for
            such purpose by an Act of Congress.

        ``(h) Availability of Amounts.--Amounts made available by or
    appropriated under this section shall remain available until
    expended.''.
    SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES.

        (a) In General.--Section 5339 of title 49, United States Code, is
    amended to read as follows:
    ``Sec. 5339. Grants for buses and bus facilities

        ``(a) Formula Grants.--
                ``(1) Definitions.--In this subsection--
                        ``(A) the term `low or no emission vehicle' has the
                    meaning given that term in subsection (c)(1);
                        ``(B) the term `State' means a State of the United
                    States; and
                        ``(C) the term `territory' means the District of
                    Columbia, Puerto Rico, the Northern Mariana Islands,
                    Guam, American Samoa, and the United States Virgin
                    Islands.
                ``(2) General authority.--The Secretary may make grants
            under this subsection to assist eligible recipients described in
            paragraph (4)(A) in financing capital projects--

    [[Page 129 STAT. 1483]]

                        ``(A) to replace, rehabilitate, and purchase buses
                    and related equipment, including technological changes
                    or innovations to modify low or no emission vehicles or
                    facilities; and
                        ``(B) to construct bus-related facilities.
                ``(3) Grant requirements.--The requirements of--
                        ``(A) section 5307 shall apply to recipients of
                    grants made in urbanized areas under this subsection;
                    and
                        ``(B) section 5311 shall apply to recipients of
                    grants made in rural areas under this subsection.
                ``(4) Eligible recipients.--
                        ``(A) Recipients.--Eligible recipients under this
                    subsection are--
                              ``(i) designated recipients that allocate
                          funds to fixed route bus operators; or
                              ``(ii) State or local governmental entities
                          that operate fixed route bus service.
                        ``(B) Subrecipients.--A recipient that receives a
                    grant under this subsection may allocate amounts of the
                    grant to subrecipients that are public agencies or
                    private nonprofit organizations engaged in public
                    transportation.
                ``(5) Distribution of grant funds.--Funds allocated under
            section 5338(a)(2)(L) shall be distributed as follows:
                        ``(A) National distribution.--$90,500,000 for each
                    of fiscal years 2016 through 2020 shall be allocated to
                    all States and territories, with each State receiving
                    $1,750,000 for each such fiscal year and each territory
                    receiving $500,000 for each such fiscal year.
                        ``(B) Distribution using population and service
                    factors.--The remainder of the funds not otherwise
                    distributed under subparagraph (A) shall be allocated
                    pursuant to the formula set forth in section 5336 other
                    than subsection (b).
                ``(6) Transfers of apportionments.--
                        ``(A) Transfer flexibility for national distribution
                    funds.--The Governor of a State may transfer any part of
                    the State's apportionment under paragraph (5)(A) to
                    supplement amounts apportioned to the State under
                    section 5311(c) or amounts apportioned to urbanized
                    areas under subsections (a) and (c) of section 5336.
                        ``(B) Transfer flexibility for population and
                    service factors funds.--The Governor of a State may
                    expend in an urbanized area with a population of less
                    than 200,000 any amounts apportioned under paragraph
                    (5)(B) that are not allocated to designated recipients
                    in urbanized areas with a population of 200,000 or more.
                ``(7) Government share of costs.--
                        ``(A) Capital projects.--A grant for a capital
                    project under this subsection shall be for 80 percent of
                    the net capital costs of the project. A recipient of a
                    grant under this subsection may provide additional local
                    matching amounts.
                        ``(B) Remaining costs.--The remainder of the net
                    project cost shall be provided--
                              ``(i) in cash from non-Government sources
                          other than revenues from providing public
                          transportation services;

    [[Page 129 STAT. 1484]]

                              ``(ii) from revenues derived from the sale of
                          advertising and concessions;
                              ``(iii) from an undistributed cash surplus, a
                          replacement or depreciation cash fund or reserve,
                          or new capital;
                              ``(iv) from amounts received under a service
                          agreement with a State or local social service
                          agency or private social service organization; or
                              ``(v) from revenues generated from value
                          capture financing mechanisms.
                ``(8) Period of availability to recipients.--Amounts made
            available under this subsection may be obligated by a recipient
            for 3 fiscal years after the fiscal year in which the amount is
            apportioned. Not later than 30 days after the end of the 3-
            fiscal-year period described in the preceding sentence, any
            amount that is not obligated on the last day of such period
            shall be added to the amount that may be apportioned under this
            subsection in the next fiscal year.
                ``(9) Pilot program for cost-effective capital investment.--
                        ``(A) In general.--For each of fiscal years 2016
                    through 2020, the Secretary shall carry out a pilot
                    program under which an eligible recipient (as described
                    in paragraph (4)) in an urbanized area with population
                    of not less than 200,000 and not more than 999,999 may
                    elect to participate in a State pool in accordance with
                    this paragraph.
                        ``(B) Purpose of state pools.--The purpose of a
                    State pool shall be to allow for transfers of formula
                    grant funds made available under this subsection among
                    the designated recipients participating in the State
                    pool in a manner that supports the transit asset
                    management plans of the designated recipients under
                    section 5326.
                        ``(C) Requests for participation.--A State, and
                    eligible recipients in the State described in
                    subparagraph (A), may submit to the Secretary a request
                    for participation in the program under procedures to be
                    established by the Secretary. An eligible recipient for
                    a multistate area may participate in only 1 State pool.
                        ``(D) Allocations to participating states.--For each
                    fiscal year, the Secretary shall allocate to each State
                    participating in the program the total amount of funds
                    that otherwise would be allocated to the urbanized areas
                    of the eligible recipients participating in the State's
                    pool for that fiscal year pursuant to the formulas
                    referred to in paragraph (5).
                        ``(E) Allocations to eligible recipients in state
                    pools.--A State shall distribute the amount that is
                    allocated to the State for a fiscal year under
                    subparagraph (D) among the eligible recipients
                    participating in the State's pool in a manner that
                    supports the transit asset management plans of the
                    recipients under section 5326.
                        ``(F) Allocation plans.--A State participating in
                    the program shall develop an allocation plan for the
                    period of fiscal years 2016 through 2020 to ensure that
                    an eligible recipient participating in the State's pool
                    receives under the program an amount of funds that
                    equals the amount of funds that would have otherwise
                    been available to the

    [[Page 129 STAT. 1485]]

                    eligible recipient for that period pursuant to the
                    formulas referred to in paragraph (5).
                        ``(G) Grants.--The Secretary shall make grants under
                    this subsection for a fiscal year to an eligible
                    recipient participating in a State pool following
                    notification by the State of the allocation amount
                    determined under subparagraph (E).

        ``(b) Buses and Bus Facilities Competitive Grants.--
                ``(1) In general.--The Secretary may make grants under this
            subsection to eligible recipients (as described in subsection
            (a)(4)) to assist in the financing of buses and bus facilities
            capital projects, including--
                        ``(A) replacing, rehabilitating, purchasing, or
                    leasing buses or related equipment; and
                        ``(B) rehabilitating, purchasing, constructing, or
                    leasing bus-related facilities.
                ``(2) Grant considerations.--In making grants under this
            subsection, the Secretary shall consider the age and condition
            of buses, bus fleets, related equipment, and bus-related
            facilities.
                ``(3) Statewide applications.--A State may submit a
            statewide application on behalf of a public agency or private
            nonprofit organization engaged in public transportation in rural
            areas or other areas for which the State allocates funds. The
            submission of a statewide application shall not preclude the
            submission and consideration of any application under this
            subsection from other eligible recipients (as described in
            subsection (a)(4)) in an urbanized area in a State.
                ``(4) Requirements for the secretary.--The Secretary shall--
                        ``(A) disclose all metrics and evaluation procedures
                    to be used in considering grant applications under this
                    subsection upon issuance of the notice of funding
                    availability in the Federal Register; and
                        ``(B) publish a summary of final scores for selected
                    projects, metrics, and other evaluations used in
                    awarding grants under this subsection in the Federal
                    Register.
                ``(5) Rural projects.--Not less than 10 percent of the
            amounts made available under this subsection in a fiscal year
            shall be distributed to projects in rural areas.
                ``(6) Grant requirements.--
                        ``(A) In general.--A grant under this subsection
                    shall be subject to the requirements of--
                              ``(i) section 5307 for eligible recipients of
                          grants made in urbanized areas; and
                              ``(ii) section 5311 for eligible recipients of
                          grants made in rural areas.
                        ``(B) Government share of costs.--The Government
                    share of the cost of an eligible project carried out
                    under this subsection shall not exceed 80 percent.
                ``(7) Availability of funds.--Any amounts made available to
            carry out this subsection--
                        ``(A) shall remain available for 3 fiscal years
                    after the fiscal year for which the amount is made
                    available; and
                        ``(B) that remain unobligated at the end of the
                    period described in subparagraph (A) shall be added to
                    the amount

    [[Page 129 STAT. 1486]]

                    made available to an eligible project in the following
                    fiscal year.
                ``(8) Limitation.--Of the amounts made available under this
            subsection, not more than 10 percent may be awarded to a single
            grantee.

        ``(c) Low or No Emission Grants.--
                ``(1) Definitions.--In this subsection--
                        ``(A) the term `direct carbon emissions' means the
                    quantity of direct greenhouse gas emissions from a
                    vehicle, as determined by the Administrator of the
                    Environmental Protection Agency;
                        ``(B) the term `eligible project' means a project or
                    program of projects in an eligible area for--
                              ``(i) acquiring low or no emission vehicles;
                              ``(ii) leasing low or no emission vehicles;
                              ``(iii) acquiring low or no emission vehicles
                          with a leased power source;
                              ``(iv) constructing facilities and related
                          equipment for low or no emission vehicles;
                              ``(v) leasing facilities and related equipment
                          for low or no emission vehicles;
                              ``(vi) constructing new public transportation
                          facilities to accommodate low or no emission
                          vehicles; or
                              ``(vii) rehabilitating or improving existing
                          public transportation facilities to accommodate
                          low or no emission vehicles;
                        ``(C) the term `leased power source' means a
                    removable power source, as defined in subsection (c)(3)
                    of section 3019 of the Federal Public Transportation Act
                    of 2015 that is made available through a capital lease
                    under such section;
                        ``(D) the term `low or no emission bus' means a bus
                    that is a low or no emission vehicle;
                        ``(E) the term `low or no emission vehicle' means--
                              ``(i) a passenger vehicle used to provide
                          public transportation that the Secretary
                          determines sufficiently reduces energy consumption
                          or harmful emissions, including direct carbon
                          emissions, when compared to a comparable standard
                          vehicle; or
                              ``(ii) a zero emission vehicle used to provide
                          public transportation;
                        ``(F) the term `recipient' means a designated
                    recipient, a local governmental authority, or a State
                    that receives a grant under this subsection for an
                    eligible project; and
                        ``(G) the term `zero emission vehicle' means a low
                    or no emission vehicle that produces no carbon or
                    particulate matter.
                ``(2) General authority.--The Secretary may make grants to
            recipients to finance eligible projects under this subsection.
                ``(3) Grant requirements.--
                        ``(A) In general.--A grant under this subsection
                    shall be subject to the requirements of section 5307.
                        ``(B) Government share of costs for certain
                    projects.--Section 5323(i) applies to eligible projects
                    carried out under this subsection, unless the recipient
                    requests a lower grant percentage.
                        ``(C) Combination of funding sources.--

    [[Page 129 STAT. 1487]]

                              ``(i) Combination permitted.--An eligible
                          project carried out under this subsection may
                          receive funding under section 5307 or any other
                          provision of law.
                              ``(ii) Government share.--Nothing in this
                          subparagraph shall be construed to alter the
                          Government share required under paragraph (7),
                          section 5307, or any other provision of law.
                ``(4) Competitive process.--The Secretary shall--
                        ``(A) not later than 30 days after the date on which
                    amounts are made available for obligation under this
                    subsection for a full fiscal year, solicit grant
                    applications for eligible projects on a competitive
                    basis; and
                        ``(B) award a grant under this subsection based on
                    the solicitation under subparagraph (A) not later than
                    the earlier of--
                              ``(i) 75 days after the date on which the
                          solicitation expires; or
                              ``(ii) the end of the fiscal year in which the
                          Secretary solicited the grant applications.
                ``(5) Consideration.--In awarding grants under this
            subsection, the Secretary shall only consider eligible projects
            relating to the acquisition or leasing of low or no emission
            buses or bus facilities that--
                        ``(A) make greater reductions in energy consumption
                    and harmful emissions, including direct carbon
                    emissions, than comparable standard buses or other low
                    or no emission buses; and
                        ``(B) are part of a long-term integrated fleet
                    management plan for the recipient.
                ``(6) Availability of funds.--Any amounts made available to
            carry out this subsection--
                        ``(A) shall remain available to an eligible project
                    for 3 fiscal years after the fiscal year for which the
                    amount is made available; and
                        ``(B) that remain unobligated at the end of the
                    period described in subparagraph (A) shall be added to
                    the amount made available to an eligible project in the
                    following fiscal year.
                ``(7) Government share of costs.--
                        ``(A) In general.--The Federal share of the cost of
                    an eligible project carried out under this subsection
                    shall not exceed 80 percent.
                        ``(B) Non-federal share.--The non-Federal share of
                    the cost of an eligible project carried out under this
                    subsection may be derived from in-kind contributions.''.

        (b) Technical and Conforming Amendment.--The analysis for chapter 53
    of title 49, United States Code, <<NOTE: 49 USC prec. 5301.>> is amended
    by striking the item relating to section 5339 and inserting the
    following:

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

    SEC. 3018. <<NOTE: 49 USC 5338 note.>> OBLIGATION CEILING.

        Notwithstanding any other provision of law, the total of all
    obligations from amounts made available from the Mass Transit Account of
    the Highway Trust Fund by subsection (a) of section 5338 of title 49,
    United States Code, and section 3028 of the Federal Public
    Transportation Act of 2015 shall not exceed--

    [[Page 129 STAT. 1488]]

                (1) $9,347,604,639 in fiscal year 2016;
                (2) $9,733,706,043 in fiscal year 2017;
                (3) $9,733,353,407 in fiscal year 2018;
                (4) $9,939,380,030 in fiscal year 2019; and
                (5) $10,150,348,462 in fiscal year 2020.
    SEC. 3019. <<NOTE: 49 USC 5325 note.>> INNOVATIVE PROCUREMENT.

        (a) Definition.--In this section, the term ``grantee'' means a
    recipient or subrecipient of assistance under chapter 53 of title 49,
    United States Code.
        (b) Cooperative Procurement.--
                (1) Definitions; general rules.--
                        (A) Definitions.--In this subsection--
                              (i) the term ``cooperative procurement
                          contract'' means a contract--
                                        (I) entered into between a State
                                    government or eligible nonprofit entity
                                    and 1 or more vendors; and
                                        (II) under which the vendors agree
                                    to provide an option to purchase rolling
                                    stock and related equipment to multiple
                                    participants;
                              (ii) the term ``eligible nonprofit entity''
                          means--
                                        (I) a nonprofit cooperative
                                    purchasing organization that is not a
                                    grantee; or
                                        (II) a consortium of entities
                                    described in subclause (I);
                              (iii) the terms ``lead nonprofit entity'' and
                          ``lead procurement agency'' mean an eligible
                          nonprofit entity or a State government,
                          respectively, that acts in an administrative
                          capacity on behalf of each participant in a
                          cooperative procurement contract;
                              (iv) the term ``participant'' means a grantee
                          that participates in a cooperative procurement
                          contract; and
                              (v) the term ``participate'' means to purchase
                          rolling stock and related equipment under a
                          cooperative procurement contract using assistance
                          provided under chapter 53 of title 49, United
                          States Code.
                        (B) General rules.--
                              (i) Procurement not limited to intrastate
                          participants.--A grantee may participate in a
                          cooperative procurement contract without regard to
                          whether the grantee is located in the same State
                          as the parties to the contract.
                              (ii) Voluntary participation.--Participation
                          by grantees in a cooperative procurement contract
                          shall be voluntary.
                              (iii) Contract terms.--The lead procurement
                          agency or lead nonprofit entity for a cooperative
                          procurement contract shall develop the terms of
                          the contract.
                              (iv) Duration.--A cooperative procurement
                          contract--
                                        (I) subject to subclauses (II) and
                                    (III), may be for an initial term of not
                                    more than 2 years;
                                        (II) may include not more than 3
                                    optional extensions for terms of not
                                    more than 1 year each; and

    [[Page 129 STAT. 1489]]

                                        (III) may be in effect for a total
                                    period of not more than 5 years,
                                    including each extension authorized
                                    under subclause (II).
                              (v) Administrative expenses.--A lead
                          procurement agency or lead nonprofit entity, as
                          applicable, that enters into a cooperative
                          procurement contract--
                                        (I) may charge the participants in
                                    the contract for the cost of
                                    administering, planning, and providing
                                    technical assistance for the contract in
                                    an amount that is not more than 1
                                    percent of the total value of the
                                    contract; and
                                        (II) with respect to the cost
                                    described in subclause (I), may
                                    incorporate the cost into the price of
                                    the contract or directly charge the
                                    participants for the cost, but not both.
                (2) State cooperative procurement schedules.--
                        (A) Authority.--A State government may enter into a
                    cooperative procurement contract with 1 or more vendors
                    if--
                              (i) the vendors agree to provide an option to
                          purchase rolling stock and related equipment to
                          the State government and any other participant;
                          and
                              (ii) the State government acts throughout the
                          term of the contract as the lead procurement
                          agency.
                        (B) Applicability of policies and procedures.--In
                    procuring rolling stock and related equipment under a
                    cooperative procurement contract under this subsection,
                    a State government shall comply with the policies and
                    procedures that apply to procurement by the State
                    government when using non-Federal funds, to the extent
                    that the policies and procedures are in conformance with
                    applicable Federal law.
                (3) Pilot program for nonprofit cooperative procurements.--
                        (A) Establishment.--The Secretary shall establish
                    and carry out a pilot program to demonstrate the
                    effectiveness of cooperative procurement contracts
                    administered by eligible nonprofit entities.
                        (B) Designation.--In carrying out the program under
                    this paragraph, the Secretary shall designate not less
                    than 3 eligible nonprofit entities to enter into a
                    cooperative procurement contract under which the
                    eligible nonprofit entity acts throughout the term of
                    the contract as the lead nonprofit entity.
                        (C) Notice of intent to participate.--At a time
                    determined appropriate by the lead nonprofit entity,
                    each participant in a cooperative procurement contract
                    under this paragraph shall submit to the lead nonprofit
                    entity a nonbinding notice of intent to participate.
                (4) Joint procurement clearinghouse.--
                        (A) In general.--The Secretary shall establish a
                    clearinghouse for the purpose of allowing grantees to
                    aggregate planned rolling stock purchases and identify
                    joint procurement participants.
                        (B) Nonprofit consultation.--In establishing the
                    clearinghouse under subparagraph (A), the Secretary may
                    consult with nonprofit entities with expertise in public

    [[Page 129 STAT. 1490]]

                    transportation or procurement, and other stakeholders as
                    the Secretary determines appropriate.
                        (C) Information on procurements.--The clearinghouse
                    may include information on bus size, engine type, floor
                    type, and any other attributes necessary to identify
                    joint procurement participants.
                        (D) Limitations.--
                              (i) Access.--The clearinghouse shall only be
                          accessible to the Federal Transit Administration,
                          a nonprofit entity coordinating for such
                          clearinghouse with the Secretary, and grantees.
                              (ii) Participation.--No grantee shall be
                          required to submit procurement information to the
                          database.

        (c) Leasing Arrangements.--
                (1) Capital lease defined.--
                        (A) In general.--In this subsection, the term
                    ``capital lease'' means any agreement under which a
                    grantee acquires the right to use rolling stock or
                    related equipment for a specified period of time, in
                    exchange for a periodic payment.
                        (B) Maintenance.--A capital lease may require that
                    the lessor provide maintenance of the rolling stock or
                    related equipment covered by the lease.
                (2) Program to support innovative leasing arrangements.--
                        (A) Authority.--A grantee may use assistance
                    provided under chapter 53 of title 49, United States
                    Code, to enter into a capital lease if--
                              (i) the rolling stock or related equipment
                          covered under the lease is eligible for capital
                          assistance under such chapter; and
                              (ii) there is or will be no Federal interest
                          in the rolling stock or related equipment covered
                          under the lease as of the date on which the lease
                          takes effect.
                        (B) Grantee requirements.--A grantee that enters
                    into a capital lease shall--
                              (i) maintain an inventory of the rolling stock
                          or related equipment acquired under the lease; and
                              (ii) maintain on the accounting records of the
                          grantee the liability of the grantee under the
                          lease.
                        (C) Eligible lease costs.--The costs for which a
                    grantee may use assistance under chapter 53 of title 49,
                    United States Code, with respect to a capital lease,
                    include--
                              (i) the cost of the rolling stock or related
                          equipment;
                              (ii) associated financing costs, including
                          interest, legal fees, and financial advisor fees;
                              (iii) ancillary costs such as delivery and
                          installation charges; and
                              (iv) maintenance costs.
                        (D) Terms.--A grantee shall negotiate the terms of
                    any lease agreement that the grantee enters into.
                        (E) Applicability of procurement requirements.--

    [[Page 129 STAT. 1491]]

                              (i) Lease requirements.--Part 639 of title 49,
                          Code of Federal Regulations, or any successor
                          regulation, and implementing guidance applicable
                          to leasing shall not apply to a capital lease.
                              (ii) Buy america.--The requirements under
                          section 5323(j) of title 49, United States Code,
                          shall apply to a capital lease.
                (3) Capital leasing of certain zero emission vehicle
            components.--
                        (A) Definitions.--In this paragraph--
                              (i) the term ``removable power source''--
                                        (I) means a power source that is
                                    separately installed in, and removable
                                    from, a zero emission vehicle; and
                                        (II) may include a battery, a fuel
                                    cell, an ultra-capacitor, or other
                                    advanced power source used in a zero
                                    emission vehicle; and
                              (ii) the term ``zero emission vehicle'' has
                          the meaning given the term in section 5339(c) of
                          title 49, United States Code.
                        (B) Leased power sources.--Notwithstanding any other
                    provision of law, for purposes of this subsection, the
                    cost of a removable power source that is necessary for
                    the operation of a zero emission vehicle shall not be
                    treated as part of the cost of the vehicle if the
                    removable power source is acquired using a capital
                    lease.
                        (C) Eligible capital lease.--A grantee may acquire a
                    removable power source by itself through a capital
                    lease.
                        (D) Procurement regulations.--For purposes of this
                    section, a removable power source shall be subject to
                    section 200.88 of title 2, Code of Federal Regulations.
                (4) Reporting requirement.--Not later than 3 years after the
            date on which a grantee enters into a capital lease under this
            subsection, the grantee shall submit to the Secretary a report
            that contains--
                        (A) an evaluation of the overall costs and benefits
                    of leasing rolling stock; and
                        (B) a comparison of the expected short-term and
                    long-term maintenance costs of leasing versus buying
                    rolling stock.
                (5) Report.--The Secretary shall make publicly available an
            annual report on this subsection for each fiscal year, not later
            than December 31 of the calendar year in which that fiscal year
            ends. The report shall include a detailed description of the
            activities carried out under this subsection, and evaluation of
            the program including the evaluation of the data reported in
            paragraph (4).

        (d) Buy America.--The requirements of section 5323(j) of title 49,
    United States Code, shall apply to all procurements under this section.
    SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.

        (a) Review Required.--
                (1) In general.--Not later than 90 days after the date of
            enactment of this Act, the Secretary shall begin a review

    [[Page 129 STAT. 1492]]

            of the safety standards and protocols used in public
            transportation systems in the United States that examines the
            efficacy of existing standards and protocols.
                (2) Contents of review.--In conducting the review under this
            paragraph, the Secretary shall review--
                        (A) minimum safety performance standards developed
                    by the public transportation industry;
                        (B) safety performance standards, practices, or
                    protocols in use by rail fixed guideway public
                    transportation systems, including--
                              (i) written emergency plans and procedures for
                          passenger evacuations;
                              (ii) training programs to ensure public
                          transportation personnel compliance and readiness
                          in emergency situations;
                              (iii) coordination plans approved by
                          recipients with local emergency responders having
                          jurisdiction over a rail fixed guideway public
                          transportation system, including--
                                        (I) emergency preparedness training,
                                    drills, and familiarization programs for
                                    the first responders; and
                                        (II) the scheduling of regular field
                                    exercises to ensure appropriate response
                                    and effective radio and public safety
                                    communications;
                              (iv) maintenance, testing, and inspection
                          programs to ensure the proper functioning of--
                                        (I) tunnel, station, and vehicle
                                    ventilation systems;
                                        (II) signal and train control
                                    systems, track, mechanical systems, and
                                    other infrastructure; and
                                        (III) other systems as necessary;
                              (v) certification requirements for train and
                          bus operators and control center employees;
                              (vi) consensus-based standards, practices, or
                          protocols available to the public transportation
                          industry; and
                              (vii) any other standards, practices, or
                          protocols the Secretary determines appropriate;
                          and
                        (C) rail and bus safety standards, practices, or
                    protocols in use by public transportation systems,
                    regarding--
                              (i) rail and bus design and the workstation of
                          rail and bus operators, as it relates to--
                                        (I) the reduction of blindspots that
                                    contribute to accidents involving
                                    pedestrians; and
                                        (II) protecting rail and bus
                                    operators from the risk of assault;
                              (ii) scheduling fixed route rail and bus
                          service with adequate time and access for
                          operators to use restroom facilities;
                              (iii) fatigue management; and
                              (iv) crash avoidance and worthiness.

        (b) Evaluation.--After conducting the review under subsection (a),
    the Secretary shall, in consultation with representatives of the public
    transportation industry, evaluate the need to establish additional
    Federal minimum public transportation safety standards.

    [[Page 129 STAT. 1493]]

        (c) Report.--After completing the review and evaluation required
    under subsections (a) and (b), and not later than 1 year after the date
    of enactment of this Act, the Secretary shall make available on a
    publicly accessible Web site, a report that includes--
                (1) findings based on the review conducted under subsection
            (a);
                (2) the outcome of the evaluation conducted under subsection
            (b);
                (3) a comprehensive set of recommendations to improve the
            safety of the public transportation industry, including
            recommendations for statutory changes if applicable; and
                (4) actions that the Secretary will take to address the
            recommendations provided under paragraph (3), including, if
            necessary, the authorities under section 5329(b)(2)(D) of title
            49, United States Code.
    SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC
                              TRANSPORTATION SAFETY PROGRAM
                              INFORMATION.

        (a) Study.--The Secretary shall enter into an agreement with the
    Transportation Research Board of the National Academies of Sciences,
    Engineering, and Medicine, to conduct a study to evaluate whether it is
    in the public interest, including public safety and the legal rights of
    persons injured in public transportation accidents, to withhold from
    discovery or admission into evidence in a Federal or State court
    proceeding any plan, report, data, or other information or portion
    thereof, submitted to, developed, produced, collected, or obtained by
    the Secretary or the Secretary's representative for purposes of
    complying with the requirements under section 5329 of title 49, United
    States Code, including information related to a recipient's safety plan,
    safety risks, and mitigation measures.
        (b) Coordination.--In conducting the study under subsection (a), the
    Transportation Research Board shall coordinate with the legal research
    entities of the National Academies of Sciences, Engineering, and
    Medicine, including the Committee on Law and Justice and the Committee
    on Science, Technology, and Law, and include members of those committees
    on the research committee established for the purposes of this section.
        (c) Input.--In conducting the study under subsection (a), the
    relevant entities of the National Academies of Sciences, Engineering,
    and Medicine shall solicit input from the public transportation
    recipients, public transportation nonprofit employee labor
    organizations, and impacted members of the general public.
        (d) Report.--Not later than 18 months after the date of enactment of
    this Act, the National Academies of Sciences, Engineering, and Medicine
    shall issue a report, with the findings of the study under subsection
    (a), including any recommendations on statutory changes regarding
    evidentiary protections that will increase public transportation safety.
    SEC. 3022. <<NOTE: 49 USC 5329 note.>> IMPROVED PUBLIC
                              TRANSPORTATION SAFETY MEASURES.

        (a) Requirements.--Not later than 90 days after publication of the
    report required in section 3020, the Secretary shall issue a notice of
    proposed rulemaking on protecting public transportation operators from
    the risk of assault.
        (b) Consideration.--In the proposed rulemaking, the Secretary shall
    consider--
                (1) different safety needs of drivers of different modes;
                (2) differences in operating environments;

    [[Page 129 STAT. 1494]]

                (3) the use of technology to mitigate driver assault risks;
                (4) existing experience, from both agencies and operators
            that already are using or testing driver assault mitigation
            infrastructure; and
                (5) the impact of the rule on future rolling stock
            procurements and vehicles currently in revenue service.

        (c) Savings Clause.--Nothing in this section may be construed as
    prohibiting the Secretary from issuing different comprehensive worker
    protections, including standards for mitigating assaults.
    SEC. 3023. <<NOTE: 42 USC 12143 note.>> PARATRANSIT SYSTEM UNDER
                              FTA APPROVED COORDINATED PLAN.

        Notwithstanding the provisions of section 37.131(c) of title 49,
    Code of Federal Regulations, any paratransit system currently
    coordinating complementary paratransit service for more than 40 fixed
    route agencies shall be permitted to continue using an existing tiered,
    distance-based coordinated paratransit fare system, if the fare for the
    existing tiered, distance-based coordinated paratransit fare system is
    not increased by a greater percentage than any increase to the fixed
    route fare for the largest transit agency in the complementary
    paratransit service area.
    SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.

        (a) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to Congress a report on the
    potential of the Internet of Things to improve transportation services
    in rural, suburban, and urban areas.
        (b) Contents.--The report required under subsection (a) shall
    include--
                (1) a survey of the communities, cities, and States that are
            using innovative transportation systems to meet the needs of
            ageing populations;
                (2) best practices to protect privacy and security, as
            determined as a result of such survey; and
                (3) recommendations with respect to the potential of the
            Internet of Things to assist local, State, and Federal planners
            to develop more efficient and accurate projections of the
            transportation needs of rural, suburban, and urban communities.
    SEC. 3025. REPORT ON PARKING SAFETY.

        (a) Study.--The Secretary shall conduct a study on the safety of
    certain transportation facilities and locations, focusing on any
    property damage, injuries, deaths, and other incidents that occur or
    originate at locations intended to encourage public use of alternative
    transportation, including--
                (1) carpool lots;
                (2) mass transit lots;
                (3) local, State, or regional rail stations;
                (4) rest stops;
                (5) college or university lots;
                (6) bike paths or walking trails; and
                (7) any other locations that the Secretary considers
            appropriate.

        (b) Report.--Not later than 8 months after the date of enactment of
    this Act, the Secretary shall submit to the Committee

    [[Page 129 STAT. 1495]]

    on Transportation and Infrastructure of the House of Representatives and
    the Committee on Banking, Housing, and Urban Affairs of the Senate a
    report on the results of the study.
        (c) Recommendations.--The Secretary shall include in the report
    recommendations to Congress on the best ways to use innovative
    technologies to increase safety and ensure a better response by transit
    security and local, State, and Federal law enforcement to address
    threats to public safety.
    SEC. 3026. APPOINTMENT OF DIRECTORS OF WASHINGTON METROPOLITAN
                              AREA TRANSIT AUTHORITY.

        (a) Definitions.--In this section, the following definitions apply:
                (1) Compact.--The term ``Compact'' means the Washington
            Metropolitan Area Transit Authority Compact (Public Law 89-774;
            80 Stat. 1324).
                (2) Federal director.--The term ``Federal Director'' means--
                        (A) a voting member of the Board of Directors of the
                    Transit Authority who represents the Federal Government;
                    and
                        (B) a nonvoting member of the Board of Directors of
                    the Transit Authority who serves as an alternate for a
                    member described in subparagraph (A).
                (3) Transit authority.--The term ``Transit Authority'' means
            the Washington Metropolitan Area Transit Authority established
            under Article III of the Compact.

        (b) Appointment by Secretary of Transportation.--
                (1) In general.--For any appointment made on or after the
            date of enactment of this Act, the Secretary of Transportation
            shall have sole authority to appoint Federal Directors to the
            Board of Directors of the Transit Authority.
                (2) Amendment to compact.--The signatory parties to the
            Compact shall amend the Compact as necessary in accordance with
            paragraph (1).
    SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES AND
                              FUNDING.

        Not later than 18 months after the date of enactment of this Act,
    the Comptroller General shall examine and evaluate the impact of the
    changes that MAP-21 had on public transportation, including--
                (1) the ability and effectiveness of public transportation
            agencies to provide public transportation to low-income workers
            in accessing jobs and being able to use reverse commute
            services;
                (2) whether services to low-income riders declined after
            MAP-21 was implemented; and
                (3) if guidance provided by the Federal Transit
            Administration encouraged public transportation agencies to
            maintain and support services to low-income riders to allow them
            to access jobs, medical services, and other life necessities.
    SEC. 3028. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN CONTROL.

        (a) In General.--There shall be available from the Mass Transit
    Account of the Highway Trust Fund to carry out this section $199,000,000
    for fiscal year 2017 to assist in financing

    [[Page 129 STAT. 1496]]

    the installation of positive train control systems required under
    section 20157 of title 49, United States Code.
        (b) Uses.--The amounts made available under subsection (a) of this
    section shall be awarded by the Secretary on a competitive basis, and
    grant funds awarded under this section shall not exceed 80 percent of
    the total cost of a project.
        (c) Credit Assistance.--At the request of an eligible applicant
    under this section, the Secretary may use amounts awarded to the entity
    to pay the subsidy and administrative costs necessary to provide the
    entity Federal credit assistance under sections 502 through 504 of the
    Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801
    et seq.), with respect to the project for which the grant was awarded.
        (d) Eligible Recipients.--The amounts made available under
    subsection (a) of this section may be used only to assist a recipient of
    funds under chapter 53 of title 49, United States Code.
        (e) Project Management Oversight.--The Secretary may withhold up to
    1 percent from the amounts made available under subsection (a) of this
    section for the costs of project management oversight of grants
    authorized under that subsection.
        (f) Savings Clause.--Nothing in this section may be construed as
    authorizing the amounts appropriated under subsection (a) to be used for
    any purpose other than financing the installation of positive train
    control systems.
        (g) Grants Financed From Highway Trust Fund.--A grant that is
    approved by the Secretary and financed with amounts made available from
    the Mass Transit Account of the Highway Trust Fund under this section is
    a contractual obligation of the Government to pay the Government share
    of the cost of the project.
        (h) Availability of Amounts.--Notwithstanding subsection (j),
    amounts made available under this section shall remain available until
    expended.
        (i) Obligation Limitation.--Funds made available under this section
    shall be subject to obligation limit of section 3018 of the Federal
    Public Transportation Act of 2015.
        (j) Sunset.--The Secretary of Transportation shall provide the
    grants, direct loans, and loan guarantees under subsections (b) and (c)
    by September 30, 2018.
    SEC. 3029. AMENDMENT TO TITLE 5.

        (a) In General.--Section 5313 of title 5, United States Code, is
    amended by adding at the end the following:

        ``Federal Transit Administrator.''.
        (b) Conforming Amendment.--Section 5314 of title 5, United States
    Code, is amended by striking ``Federal Transit Administrator.''.
        (c) <<NOTE: 5 USC 5313 note.>> Effective Date.--The amendments made
    by this section shall take effect on the first day of the first pay
    period beginning on or after the first day of the first fiscal year
    beginning after the date of enactment of this Act.
    SEC. 3030. TECHNICAL AND CONFORMING CHANGES.

        (a) Repeal.--Section 20008(b) of MAP-21 (49 U.S.C. 5309 note) is
    repealed.
        (b) Repeal Section 5313.--Section 5313 of title 49, United States
    Code, and the item relating to that section in the analysis for chapter
    53 of such title, <<NOTE: 49 USC prec. 5301.>> are repealed.

    [[Page 129 STAT. 1497]]

        (c) Repeal of Section 5319.--Section 5319 of title 49, United States
    Code, and the item relating to that section in the analysis for chapter
    53 of such title, <<NOTE: 49 USC prec. 5301.>> are repealed.

        (d) Repeal of Section 5322.--Section 5322 of title 49, United States
    Code, and the item relating to that section in the analysis for chapter
    53 of such title, <<NOTE: 49 USC prec. 5301.>> are repealed.

        (e) Section 5325.--Section 5325 of title 49, United States Code is
    amended--
                (1) in subsection (e)(2), by striking ``at least two''; and
                (2) in subsection (h), by striking ``Federal Public
            Transportation Act of 2012'' and inserting ``Federal Public
            Transportation Act of 2015''.

        (f) Section 5340.--Section 5340 of title 49, United States Code, is
    amended--
                (1) by striking subsection (b); and
                (2) by inserting the following:

        ``(b) Allocation.--The Secretary shall apportion the amounts made
    available under section 5338(b)(2)(N) in accordance with subsection (c)
    and subsection (d).''.
        (g) Chapter 105 of Title 49, United States Code.--Section 10501(c)
    of title 49, United States Code, is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A)(i), by striking ``section
                    5302(a)'' and inserting ``section 5302''; and
                        (B) in subparagraph (B)--
                              (i) by striking ``mass transportation'' and
                          inserting ``public transportation''; and
                              (ii) by striking ``section 5302(a)'' and
                          inserting ``section 5302''; and
                (2) in paragraph (2)(A), by striking ``mass transportation''
            and inserting ``public transportation''.

                        TITLE IV--HIGHWAY TRAFFIC SAFETY

    SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--The following sums are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
                (1) Highway safety programs.--For carrying out section 402
            of title 23, United States Code--
                        (A) $243,500,000 for fiscal year 2016;
                        (B) $252,300,000 for fiscal year 2017;
                        (C) $261,200,000 for fiscal year 2018;
                        (D) $270,400,000 for fiscal year 2019; and
                        (E) $279,800,000 for fiscal year 2020.
                (2) Highway safety research and development.--For carrying
            out section 403 of title 23, United States Code--
                        (A) $137,800,000 for fiscal year 2016;
                        (B) $140,700,000 for fiscal year 2017;
                        (C) $143,700,000 for fiscal year 2018;
                        (D) $146,700,000 for fiscal year 2019; and
                        (E) $149,800,000 for fiscal year 2020.
                (3) National priority safety programs.--For carrying out
            section 405 of title 23, United States Code--
                        (A) $274,700,000 for fiscal year 2016;
                        (B) $277,500,000 for fiscal year 2017;

    [[Page 129 STAT. 1498]]

                        (C) $280,200,000 for fiscal year 2018;
                        (D) $283,000,000 for fiscal year 2019; and
                        (E) $285,900,000 for fiscal year 2020.
                (4) National driver register.--For the National Highway
            Traffic Safety Administration to carry out chapter 303 of title
            49, United States Code--
                        (A) $5,100,000 for fiscal year 2016;
                        (B) $5,200,000 for fiscal year 2017;
                        (C) $5,300,000 for fiscal year 2018;
                        (D) $5,400,000 for fiscal year 2019; and
                        (E) $5,500,000 for fiscal year 2020.
                (5) High-visibility enforcement program.--For carrying out
            section 404 of title 23, United States Code--
                        (A) $29,300,000 for fiscal year 2016;
                        (B) $29,500,000 for fiscal year 2017;
                        (C) $29,900,000 for fiscal year 2018;
                        (D) $30,200,000 for fiscal year 2019; and
                        (E) $30,500,000 for fiscal year 2020.
                (6) Administrative expenses.--For administrative and related
            operating expenses of the National Highway Traffic Safety
            Administration in carrying out chapter 4 of title 23, United
            States Code, and this title--
                        (A) $25,832,000 for fiscal year 2016;
                        (B) $26,072,000 for fiscal year 2017;
                        (C) $26,329,000 for fiscal year 2018;
                        (D) $26,608,000 for fiscal year 2019; and
                        (E) $26,817,000 for fiscal year 2020.

        (b) <<NOTE: 23 USC 401 note.>> Prohibition on Other Uses.--Except as
    otherwise provided in chapter 4 of title 23, United States Code, and
    chapter 303 of title 49, United States Code, the amounts made available
    from the Highway Trust Fund (other than the Mass Transit Account) for a
    program under such chapters--
                (1) shall only be used to carry out such program; and
                (2) may not be used by States or local governments for
            construction purposes.

        (c) Applicability of Title 23.--Except as otherwise provided in
    chapter 4 of title 23, United States Code, and chapter 303 of title 49,
    United States Code, amounts made available under subsection (a) for
    fiscal years 2016 through 2020 shall be available for obligation in the
    same manner as if such funds were apportioned under chapter 1 of title
    23, United States Code.
        (d) <<NOTE: 23 USC 402 note.>> Regulatory Authority.--Grants awarded
    under this title shall be carried out in accordance with regulations
    issued by the Secretary.

        (e) <<NOTE: 23 USC 402 note.>> State Matching Requirements.--If a
    grant awarded under chapter 4 of title 23, United States Code, requires
    a State to share in the cost, the aggregate of all expenditures for
    highway safety activities made during a fiscal year by the State and its
    political subdivisions (exclusive of Federal funds) for carrying out the
    grant (other than planning and administration) shall be available for
    the purpose of crediting the State during such fiscal year for the non-
    Federal share of the cost of any other project carried out under chapter
    4 of title 23, United States Code (other than planning or
    administration), without regard to whether such expenditures were made
    in connection with such project.

        (f) Grant Application and Deadline.--To receive a grant under
    chapter 4 of title 23, United States Code, a State shall

    [[Page 129 STAT. 1499]]

    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 in which an automated traffic
                    enforcement system is installed shall expend funds
                    apportioned to that State under this section to conduct
                    a biennial survey that the Secretary shall make publicly
                    available through the Internet Web site of the
                    Department of Transportation that includes--
                              ``(i) a list of automated traffic enforcement
                          systems in the State;
                              ``(ii) adequate data to measure the
                          transparency, accountability, and safety
                          attributes of each automated traffic enforcement
                          system; and
                              ``(iii) a comparison of each automated traffic
                          enforcement system with--
                                        ``(I) Speed Enforcement Camera
                                    Systems Operational Guidelines (DOT HS
                                    810 916, March 2008); and
                                        ``(II) Red Light Camera Systems
                                    Operational Guidelines (FHWA-SA-05-002,
                                    January 2005).'';
                (3) by striking subsection (g) and inserting the following:

        ``(g) Restriction.--Nothing in this section may be construed to
    authorize the appropriation or expenditure of funds for highway
    construction, maintenance, or design (other than design of safety
    features of highways to be incorporated into guidelines).'';
                (4) in subsection (k)--
                        (A) by redesignating paragraphs (3) through (5) as
                    paragraphs (4) through (6), respectively;
                        (B) by inserting after paragraph (2) the following:
                ``(3) Electronic submission.--The Secretary, in coordination
            with the Governors Highway Safety Association, shall develop
            procedures to allow States to submit highway safety plans under
            this subsection, including any attachments to the plans, in
            electronic form.''; and
                        (C) in paragraph (6)(A), as so redesignated, by
                    striking ``60 days'' and inserting ``45 days''; and
                (5) in subsection (m)(2)(B)--
                        (A) in clause (vii) by striking ``and'' at the end;
                        (B) in clause (viii) by striking the period at the
                    end and inserting a semicolon; and
                        (C) by adding at the end the following:
                              ``(ix) increase driver awareness of commercial
                          motor vehicles to prevent crashes and reduce
                          injuries and fatalities; and

    [[Page 129 STAT. 1500]]

                              ``(x) support for school-based driver's
                          education classes to improve teen knowledge
                          about--
                                        ``(I) safe driving practices; and
                                        ``(II) State graduated driving
                                    license requirements, including behind-
                                    the-wheel training required to meet
                                    those requirements.''.
    SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

        Section 403 of title 23, United States Code, is amended--
                (1) in subsection (h)--
                        (A) in paragraph (1) by striking ``may'' and
                    inserting ``shall'';
                        (B) by striking paragraph (2) and inserting the
                    following:
                ``(2) Funding.--The Secretary shall obligate from funds made
            available to carry out this section for the period covering
            fiscal years 2017 through 2020 not more than $21,248,000 to
            conduct the research described in paragraph (1).'';
                        (C) in paragraph (3) by striking ``If the
                    Administrator utilizes the authority under paragraph
                    (1), the'' and inserting ``The''; and
                        (D) in paragraph (4) by striking ``If the
                    Administrator conducts the research authorized under
                    paragraph (1), the'' and inserting ``The''; and
                (2) by adding at the end the following:

        ``(i) Limitation on Drug and Alcohol Survey Data.--The Secretary
    shall establish procedures and guidelines to ensure that any person
    participating in a program or activity that collects data on drug or
    alcohol use by drivers of motor vehicles and is carried out under this
    section is informed that the program or activity is voluntary.
        ``(j) Federal Share.--The Federal share of the cost of any project
    or activity carried out under this section may be not more than 100
    percent.''.
    SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

        (a) In General.--Section 404 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 404. High-visibility enforcement program

        ``(a) In General.--The Secretary shall establish and administer a
    program under which not less than 3 campaigns will be carried out in
    each of fiscal years 2016 through 2020.
        ``(b) Purpose.--The purpose of each campaign carried out under this
    section shall be to achieve outcomes related to not less than 1 of the
    following objectives:
                ``(1) Reduce alcohol-impaired or drug-impaired operation of
            motor vehicles.
                ``(2) Increase use of seatbelts by occupants of motor
            vehicles.

        ``(c) Advertising.--The Secretary may use, or authorize the use of,
    funds available to carry out this section to pay for the development,
    production, and use of broadcast and print media advertising and
    Internet-based outreach in carrying out campaigns under this section. In
    allocating such funds, consideration shall be given to advertising
    directed at non-English speaking populations, including those who listen
    to, read, or watch nontraditional media.

    [[Page 129 STAT. 1501]]

        ``(d) Coordination With States.--The Secretary shall coordinate with
    States in carrying out the campaigns under this section, including
    advertising funded under subsection (c), with consideration given to--
                ``(1) relying on States to provide law enforcement resources
            for the campaigns out of funding made available under sections
            402 and 405; and
                ``(2) providing, out of National Highway Traffic Safety
            Administration resources, most of the means necessary for
            national advertising and education efforts associated with the
            campaigns.

        ``(e) Use of Funds.--Funds made available to carry out this section
    may be used only for activities described in subsection (c).
        ``(f) Definitions.--In this section, the following definitions
    apply:
                ``(1) Campaign.--The term `campaign' means a high-visibility
            traffic safety law enforcement campaign.
                ``(2) State.--The term `State' has the meaning given that
            term in section 401.''.

        (b) Clerical Amendment.--The analysis for chapter 4 of title 23,
    United States Code, <<NOTE: 23 USC prec. 401.>> is amended by striking
    the item relating to section 404 and inserting the following:

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

    SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.

        (a) General Authority.--Section 405(a) of title 23, United States
    Code, is amended to read as follows:
        ``(a) General Authority.--Subject to the requirements of this
    section, the Secretary shall manage programs to address national
    priorities for reducing highway deaths and injuries. Funds shall be
    allocated according to the following:
                ``(1) Occupant protection.--In each fiscal year, 13 percent
            of the funds provided under this section shall be allocated
            among States that adopt and implement effective occupant
            protection programs to reduce highway deaths and injuries
            resulting from individuals riding unrestrained or improperly
            restrained in motor vehicles (as described in subsection (b)).
                ``(2) State traffic safety information system
            improvements.--In each fiscal year, 14.5 percent of the funds
            provided under this section shall be allocated among States that
            meet requirements with respect to State traffic safety
            information system improvements (as described in subsection
            (c)).
                ``(3) Impaired driving countermeasures.--In each fiscal
            year, 52.5 percent of the funds provided under this section
            shall be allocated among States that meet requirements with
            respect to impaired driving countermeasures (as described in
            subsection (d)).
                ``(4) Distracted driving.--In each fiscal year, 8.5 percent
            of the funds provided under this section shall be allocated
            among States that adopt and implement effective laws to reduce
            distracted driving (as described in subsection (e)).
                ``(5) Motorcyclist safety.--In each fiscal year, 1.5 percent
            of the funds provided under this section shall be allocated
            among States that implement motorcyclist safety programs (as
            described in subsection (f)).

    [[Page 129 STAT. 1502]]

                ``(6) State graduated driver licensing laws.--In each fiscal
            year, 5 percent of the funds provided under this section shall
            be allocated among States that adopt and implement graduated
            driver licensing laws (as described in subsection (g)).
                ``(7) Nonmotorized safety.--In each fiscal year, 5 percent
            of the funds provided under this section shall be allocated
            among States that meet requirements with respect to nonmotorized
            safety (as described in subsection (h)).
                ``(8) Transfers.--Notwithstanding paragraphs (1) through
            (7), the Secretary shall reallocate, before the last day of any
            fiscal year, any amounts remaining available to carry out any of
            the activities described in subsections (b) through (h) to
            increase the amount made available under section 402, in order
            to ensure, to the maximum extent possible, that all such amounts
            are obligated during such fiscal year.
                ``(9) Maintenance of effort.--
                        ``(A) Certification.--As part of the grant
                    application required in section 402(k)(3)(F), a State
                    receiving a grant in any fiscal year under subsection
                    (b), (c), or (d) of this section shall provide
                    certification that the lead State agency responsible for
                    programs described in any of those subsections is
                    maintaining aggregate expenditures at or above the
                    average level of such expenditures in the 2 fiscal years
                    prior to the date of enactment of the FAST Act.
                        ``(B) Waiver.--Upon the request of a State, the
                    Secretary may waive or modify the requirements under
                    subparagraph (A) for not more than 1 fiscal year if the
                    Secretary determines that such a waiver would be
                    equitable due to exceptional or uncontrollable
                    circumstances.
                ``(10) Political subdivisions.--A State may provide the
            funds awarded under this section to a political subdivision of
            the State or an Indian tribal government.''.

        (b) High Seatbelt Use Rate.--Section 405(b)(4)(B) of title 23,
    United States Code, is amended by striking ``75 percent'' and inserting
    ``100 percent''.
        (c) Impaired Driving Countermeasures.--Section 405(d) of title 23,
    United States Code, is amended--
                (1) by striking paragraph (4) and inserting the following:
                ``(4) Use of grant amounts.--
                        ``(A) Required programs.--High-range States shall
                    use grant funds for--
                              ``(i) high-visibility enforcement efforts; and
                              ``(ii) any of the activities described in
                          subparagraph (B) if--
                                        ``(I) the activity is described in
                                    the statewide plan; and
                                        ``(II) the Secretary approves the
                                    use of funding for such activity.
                        ``(B) Authorized programs.--Medium-range and low-
                    range States may use grant funds for--
                              ``(i) any of the purposes described in
                          subparagraph (A);
                              ``(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

    [[Page 129 STAT. 1503]]

                          driving while impaired by alcohol, drugs, or the
                          combination of alcohol and drugs;
                              ``(iii) court support of high-visibility
                          enforcement efforts, training and education of
                          criminal justice professionals (including law
                          enforcement, prosecutors, judges, and probation
                          officers) to assist such professionals in handling
                          impaired driving cases, hiring traffic safety
                          resource prosecutors, hiring judicial outreach
                          liaisons, and establishing driving while
                          intoxicated courts;
                              ``(iv) alcohol ignition interlock programs;
                              ``(v) improving blood-alcohol concentration
                          testing and reporting;
                              ``(vi) paid and earned media in support of
                          high-visibility enforcement efforts, conducting
                          standardized field sobriety training, advanced
                          roadside impaired driving evaluation training, and
                          drug recognition expert training for law
                          enforcement, and equipment and related
                          expenditures used in connection with impaired
                          driving enforcement in accordance with criteria
                          established by the National Highway Traffic Safety
                          Administration;
                              ``(vii) training on the use of alcohol and
                          drug screening and brief intervention;
                              ``(viii) training for and implementation of
                          impaired driving assessment programs or other
                          tools designed to increase the probability of
                          identifying the recidivism risk of a person
                          convicted of driving under the influence of
                          alcohol, drugs, or a combination of alcohol and
                          drugs and to determine the most effective mental
                          health or substance abuse treatment or sanction
                          that will reduce such risk;
                              ``(ix) developing impaired driving information
                          systems; and
                              ``(x) costs associated with a 24-7 sobriety
                          program.
                        ``(C) Other programs.--Low-range States may use
                    grant funds for any expenditure designed to reduce
                    impaired driving based on problem identification and may
                    use not more than 50 percent of funds made available
                    under this subsection for any project or activity
                    eligible for funding under section 402. Medium-range and
                    high-range States may use funds for any expenditure
                    designed to reduce impaired driving based on problem
                    identification upon approval by the Secretary.'';
                (2) in paragraph (6)--
                        (A) by amending the paragraph heading to read as
                    follows: ``Additional grants.--'';
                        (B) in subparagraph (A) by amending the subparagraph
                    heading to read as follows: ``Grants to states with
                    alcohol-ignition interlock laws.--'';
                        (C) by redesignating subparagraphs (B) through (D)
                    as subparagraphs (C) through (E), respectively;
                        (D) by inserting after subparagraph (A), the
                    following:
                        ``(B) Grants to states with 24-7 sobriety
                    programs.--The Secretary shall make a separate grant
                    under this subsection to each State that--

    [[Page 129 STAT. 1504]]

                              ``(i) adopts and is enforcing a law that
                          requires all individuals convicted of driving
                          under the influence of alcohol or of driving while
                          intoxicated to receive a restriction on driving
                          privileges; and
                              ``(ii) provides a 24-7 sobriety program.'';
                        (E) in subparagraph (C), as redesignated, by
                    inserting ``and subparagraph (B)'' after ``subparagraph
                    (A)'';
                        (F) in subparagraph (D), as redesignated, by
                    inserting ``and subparagraph (B)'' after ``subparagraph
                    (A)'';
                        (G) by amending subparagraph (E), as redesignated,
                    to read as follows:
                        ``(E) Funding.--
                              ``(i) Funding for grants to states with
                          alcohol-ignition interlock laws.--Not more than 12
                          percent of the amounts made available to carry out
                          this subsection in a fiscal year shall be made
                          available by the Secretary for making grants under
                          subparagraph (A).
                              ``(ii) Funding for grants to states with 24-7
                          sobriety programs.--Not more than 3 percent of the
                          amounts made available to carry out this
                          subsection in a fiscal year shall be made
                          available by the Secretary for making grants under
                          subparagraph (B).''; and
                        (H) by adding at the end the following:
                        ``(F) Exceptions.--A State alcohol-ignition
                    interlock law under subparagraph (A) may include
                    exceptions for the following circumstances:
                              ``(i) The individual is required to operate an
                          employer's motor vehicle in the course and scope
                          of employment and the business entity that owns
                          the vehicle is not owned or controlled by the
                          individual.
                              ``(ii) The individual is certified by a
                          medical doctor as being unable to provide a deep
                          lung breath sample for analysis by an ignition
                          interlock device.
                              ``(iii) A State-certified ignition interlock
                          provider is not available within 100 miles of the
                          individual's residence.''; and
                (3) in paragraph (7)--
                        (A) in subparagraph (A)--
                              (i) in the matter preceding clause (i)--
                                        (I) by striking ``or a State
                                    agency'' and inserting ``or an agency
                                    with jurisdiction''; and
                                        (II) by inserting ``bond,'' before
                                    ``sentence'';
                              (ii) in clause (i) by striking ``who plead
                          guilty or'' and inserting ``who was arrested for,
                          plead guilty to, or''; and
                              (iii) in clause (ii)(I) by inserting ``at a
                          testing location'' after ``per day''; and
                        (B) in subparagraph (D) by striking the second
                    period at the end.

        (d) Distracted Driving Grants.--Section 405(e) of title 23, United
    States Code, is amended to read as follows:
        ``(e) Distracted Driving Grants.--
                ``(1) In general.--The Secretary shall award a grant under
            this subsection to any State that includes distracted driving
            awareness as part of the State's driver's license examination,

    [[Page 129 STAT. 1505]]

            and enacts and enforces a law that meets the requirements set
            forth in paragraphs (2) and (3).
                ``(2) Prohibition on texting while driving.--A State law
            meets the requirements set forth in this paragraph if the law--
                        ``(A) prohibits a driver from texting through a
                    personal wireless communications device while driving;
                        ``(B) makes violation of the law a primary offense;
                        ``(C) establishes a minimum fine for a violation of
                    the law; and
                        ``(D) does not provide for an exemption that
                    specifically allows a driver to text through a personal
                    wireless communication device while stopped in traffic.
                ``(3) Prohibition on youth cell phone use while driving or
            stopped in traffic.--A State law meets the requirements set
            forth in this paragraph if the law--
                        ``(A) prohibits a driver from using a personal
                    wireless communications device while driving if the
                    driver is--
                              ``(i) younger than 18 years of age; or
                              ``(ii) in the learner's permit or intermediate
                          license stage set forth in subsection (g)(2)(B);
                        ``(B) makes violation of the law a primary offense;
                        ``(C) establishes a minimum fine for a violation of
                    the law; and
                        ``(D) does not provide for an exemption that
                    specifically allows a driver to text through a personal
                    wireless communication device while stopped in traffic.
                ``(4) Permitted exceptions.--A law that meets the
            requirements set forth in paragraph (2) or (3) may provide
            exceptions for--
                        ``(A) a driver who uses a personal wireless
                    communications device to contact emergency services;
                        ``(B) emergency services personnel who use a
                    personal wireless communications device while--
                              ``(i) operating an emergency services vehicle;
                          and
                              ``(ii) engaged in the performance of their
                          duties as emergency services personnel;
                        ``(C) an individual employed as a commercial motor
                    vehicle driver or a school bus driver who uses a
                    personal wireless communications device within the scope
                    of such individual's employment if such use is permitted
                    under the regulations promulgated pursuant to section
                    31136 of title 49; and
                        ``(D) any additional exceptions determined by the
                    Secretary through a rulemaking process.
                ``(5) Use of grant funds.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), amounts received by a State under this
                    subsection shall be used--
                              ``(i) to educate the public through
                          advertising containing information about the
                          dangers of texting or using a cell phone while
                          driving;
                              ``(ii) for traffic signs that notify drivers
                          about the distracted driving law of the State; or
                              ``(iii) for law enforcement costs related to
                          the enforcement of the distracted driving law.
                        ``(B) Flexibility.--

    [[Page 129 STAT. 1506]]

                                        ``(i) Not more than 50 percent of
                                    amounts received by a State under this
                                    subsection may be used for any eligible
                                    project or activity under section 402.
                                        ``(ii) Not more than 75 percent of
                                    amounts received by a State under this
                                    subsection may be used for any eligible
                                    project or activity under section 402 if
                                    the State has conformed its distracted
                                    driving data to the most recent Model
                                    Minimum Uniform Crash Criteria published
                                    by the Secretary.
                ``(6) Additional distracted driving grants.--
                        ``(A) In general.--Notwithstanding paragraph (1),
                    for each of fiscal years 2017 and 2018, the Secretary
                    shall use up to 25 percent of the amounts available for
                    grants under this subsection to award grants to any
                    State that--
                              ``(i) in fiscal year 2017--
                                        ``(I) certifies that it has enacted
                                    a basic text messaging statute that--
                                                ``(aa) is applicable to
                                            drivers of all ages; and
                                                ``(bb) makes violation of
                                            the basic text messaging statute
                                            a primary offense or secondary
                                            enforcement action as allowed by
                                            State statute; and
                                        ``(II) is otherwise ineligible for a
                                    grant under this subsection; and
                              ``(ii) in fiscal year 2018--
                                        ``(I) certifies that it has enacted
                                    a basic text messaging statute that--
                                                ``(aa) is applicable to
                                            drivers of all ages; and
                                                ``(bb) makes violation of
                                            the basic text messaging statute
                                            a primary offense;
                                        ``(II) imposes fines for violations;
                                        ``(III) has a statute that prohibits
                                    drivers who are younger than 18 years of
                                    age from using a personal wireless
                                    communications device while driving; and
                                        ``(IV) is otherwise ineligible for a
                                    grant under this subsection.
                        ``(B) Use of grant funds.--
                              ``(i) In general.--Notwithstanding paragraph
                          (5) and subject to clauses (ii) and (iii) of this
                          subparagraph, amounts received by a State under
                          subparagraph (A) may be used for activities
                          related to the enforcement of distracted driving
                          laws, including for public information and
                          awareness purposes.
                              ``(ii) Fiscal year 2017.--In fiscal year 2017,
                          up to 15 percent of the amounts received by a
                          State under subparagraph (A) may be used for any
                          eligible project or activity under section 402.
                              ``(iii) Fiscal year 2018.--In fiscal year
                          2018, up to 25 percent of the amounts received by
                          a State under subparagraph (A) may be used for any
                          eligible project or activity under section 402.

    [[Page 129 STAT. 1507]]

                ``(7) Allocation to support state distracted driving laws.--
            Of the amounts available under this subsection in a fiscal year
            for distracted driving grants, the Secretary may expend not more
            than $5,000,000 for the development and placement of broadcast
            media to reduce distracted driving of motor vehicles.
                ``(8) Grant amount.--The allocation of grant funds to a
            State under this subsection for a fiscal year shall be in
            proportion to the State's apportionment under section 402 for
            fiscal year 2009.
                ``(9) Definitions.--In this subsection, the following
            definitions apply:
                        ``(A) Driving.--The term `driving'--
                              ``(i) means operating a motor vehicle on a
                          public road; and
                              ``(ii) does not include operating a motor
                          vehicle when the vehicle has pulled over to the
                          side of, or off, an active roadway and has stopped
                          in a location where it can safely remain
                          stationary.
                        ``(B) Personal wireless communications device.--The
                    term `personal wireless communications device'--
                              ``(i) means a device through which personal
                          wireless services (as defined in section
                          332(c)(7)(C)(i) of the Communications Act of 1934
                          (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and
                              ``(ii) does not include a global navigation
                          satellite system receiver used for positioning,
                          emergency notification, or navigation purposes.
                        ``(C) Primary offense.--The term `primary offense'
                    means an offense for which a law enforcement officer may
                    stop a vehicle solely for the purpose of issuing a
                    citation in the absence of evidence of another offense.
                        ``(D) Public road.--The term `public road' has the
                    meaning given such term in section 402(c).
                        ``(E) Texting.--The term `texting' means reading
                    from or manually entering data into a personal wireless
                    communications device, including doing so for the
                    purpose of SMS texting, emailing, instant messaging, or
                    engaging in any other form of electronic data retrieval
                    or electronic data communication.''.

        (e) Motorcyclist Safety.--Section 405(f) of title 23, United States
    Code, is amended--
                (1) by striking paragraph (2) and inserting the following:
                ``(2) Grant amount.--The allocation of grant funds to a
            State under this subsection for a fiscal year shall be in
            proportion to the State's apportionment under section 402 for
            fiscal year 2009, except that the amount of a grant awarded to a
            State for a fiscal year may not exceed 25 percent of the amount
            apportioned to the State under such section for fiscal year
            2009.'';
                (2) in paragraph (4) by adding at the end the following:
                        ``(C) Flexibility.--Not more than 50 percent of
                    grant funds received by a State under this subsection
                    may be used for any eligible project or activity under
                    section 402 if the State is in the lowest 25 percent of
                    all States for motorcycle deaths per 10,000 motorcycle
                    registrations

    [[Page 129 STAT. 1508]]

                    based on the most recent data that conforms with
                    criteria established by the Secretary.''; and
                (3) by adding at the end the following:
                ``(6) Share-the-road model language.--Not later than 1 year
            after the date of enactment of this paragraph, the Secretary
            shall update and provide to the States model language, for use
            in traffic safety education courses, driver's manuals, and other
            driver training materials, that provides instruction for drivers
            of motor vehicles on the importance of sharing the road safely
            with motorcyclists.''.

        (f) Minimum Requirements for State Graduated Driver Licensing
    Incentive Grant Program.--Section 405(g) of title 23, United States
    Code, is amended--
                (1) in paragraph (2)--
                        (A) in subparagraph (A) by striking ``21'' and
                    inserting ``18''; and
                        (B) by amending subparagraph (B) to read as follows:
                        ``(B) Licensing process.--A State is in compliance
                    with the 2-stage licensing process described in this
                    subparagraph if the State's driver's license laws
                    include--
                              ``(i) a learner's permit stage that--
                                        ``(I) is at least 6 months in
                                    duration;
                                        ``(II) contains a prohibition on the
                                    driver using a personal wireless
                                    communications device (as defined in
                                    subsection (e)) while driving except
                                    under an exception permitted under
                                    paragraph (4) of that subsection, and
                                    makes a violation of the prohibition a
                                    primary offense;
                                        ``(III) requires applicants to
                                    successfully pass a vision and knowledge
                                    assessment prior to receiving a
                                    learner's permit;
                                        ``(IV) requires that the driver be
                                    accompanied and supervised at all times
                                    while the driver is operating a motor
                                    vehicle by a licensed driver who is at
                                    least 21 years of age or is a State-
                                    certified driving instructor;
                                        ``(V) has a requirement that the
                                    driver--
                                                ``(aa) complete a State-
                                            certified driver education or
                                            training course; or
                                                ``(bb) obtain at least 50
                                            hours of behind-the-wheel
                                            training, with at least 10 hours
                                            at night, with a licensed
                                            driver; and
                                        ``(VI) remains in effect until the
                                    driver--
                                                ``(aa) reaches 16 years of
                                            age and enters the intermediate
                                            stage; or
                                                ``(bb) reaches 18 years of
                                            age;
                              ``(ii) an intermediate stage that--
                                        ``(I) commences immediately after
                                    the expiration of the learner's permit
                                    stage and successful completion of a
                                    driving skills assessment;
                                        ``(II) is at least 6 months in
                                    duration;
                                        ``(III) prohibits the driver from
                                    using a personal wireless communications
                                    device (as defined in subsection (e))
                                    while driving except under an exception
                                    permitted under paragraph (4) of that
                                    subsection, and makes a violation of the
                                    prohibition a primary offense;

    [[Page 129 STAT. 1509]]

                                        ``(IV) for the first 6 months of the
                                    intermediate stage, restricts driving at
                                    night between the hours of 10:00 p.m.
                                    and 5:00 a.m. when not supervised by a
                                    licensed driver 21 years of age or
                                    older, excluding transportation to work,
                                    school, religious activities, or
                                    emergencies;
                                        ``(V) prohibits the driver from
                                    operating a motor vehicle with more than
                                    1 nonfamilial passenger younger than 21
                                    years of age unless a licensed driver
                                    who is at least 21 years of age is in
                                    the motor vehicle; and
                                        ``(VI) remains in effect until the
                                    driver reaches 17 years of age; and
                              ``(iii) learner's permit and intermediate
                          stages that each require, in addition to any other
                          penalties imposed by State law, that the granting
                          of an unrestricted driver's license be
                          automatically delayed for any individual who,
                          during the learner's permit or intermediate stage,
                          is convicted of a driving-related offense during
                          the first 6 months, including--
                                        ``(I) driving while intoxicated;
                                        ``(II) misrepresentation of the
                                    individual's age;
                                        ``(III) reckless driving;
                                        ``(IV) driving without wearing a
                                    seat belt;
                                        ``(V) speeding; or
                                        ``(VI) any other driving-related
                                    offense, as determined by the
                                    Secretary.''; and
                (2) by adding at the end the following:
                ``(6) Special rule.--Notwithstanding paragraph (5), up to
            100 percent of grant funds received by a State under this
            subsection may be used for any eligible project or activity
            under section 402, if the State is in the lowest 25 percent of
            all States for the number of drivers under age 18 involved in
            fatal crashes in the State per the total number of drivers under
            age 18 in the State based on the most recent data that conforms
            with criteria established by the Secretary.''.

        (g) Nonmotorized Safety.--Section 405 of title 23, United States
    Code, is amended by adding at the end the following:
        ``(h) Nonmotorized Safety.--
                ``(1) General authority.--Subject to the requirements under
            this subsection, the Secretary shall award grants to States for
            the purpose of decreasing pedestrian and bicycle fatalities and
            injuries that result from crashes involving a motor vehicle.
                ``(2) Federal share.--The Federal share of the cost of a
            project carried out by a State using amounts from a grant
            awarded under this subsection may not exceed 80 percent.
                ``(3) Eligibility.--A State shall receive a grant under this
            subsection in a fiscal year if the annual combined pedestrian
            and bicycle fatalities in the State exceed 15 percent of the
            total annual crash fatalities in the State, based on the most
            recently reported final data from the Fatality Analysis
            Reporting System.
                ``(4) Use of grant amounts.--Grant funds received by a State
            under this subsection may be used for--
                        ``(A) training of law enforcement officials on State
                    laws applicable to pedestrian and bicycle safety;

    [[Page 129 STAT. 1510]]

                        ``(B) enforcement mobilizations and campaigns
                    designed to enforce State traffic laws applicable to
                    pedestrian and bicycle safety; and
                        ``(C) public education and awareness programs
                    designed to inform motorists, pedestrians, and
                    bicyclists of State traffic laws applicable to
                    pedestrian and bicycle safety.
                ``(5) Grant amount.--The allocation of grant funds to a
            State under this subsection for a fiscal year shall be in
            proportion to the State's apportionment under section 402 for
            fiscal year 2009.''.
    SEC. 4006. TRACKING PROCESS.

        Section 412 of title 23, United States Code, is amended by adding at
    the end the following:
        ``(f) Tracking Process.--The Secretary shall develop a process to
    identify and mitigate possible systemic issues across States and
    regional offices by reviewing oversight findings and recommended actions
    identified in triennial State management reviews.''.
    SEC. 4007. <<NOTE: 23 USC 153 note.>> STOP MOTORCYCLE CHECKPOINT
                              FUNDING.

        Notwithstanding section 153 of title 23, United States Code, the
    Secretary may not provide a grant or any funds to a State, county, town,
    township, Indian tribe, municipality, or other local government that may
    be used for any program--
                (1) to check helmet usage; or
                (2) to create checkpoints that specifically target
            motorcycle operators or motorcycle passengers.
    SEC. 4008. MARIJUANA-IMPAIRED DRIVING.

        (a) Study.--The Secretary, in consultation with the heads of other
    Federal agencies as appropriate, shall conduct a study on marijuana-
    impaired driving.
        (b) Issues To Be Examined.--In conducting the study, the Secretary
    shall examine, at a minimum, the following:
                (1) Methods to detect marijuana-impaired driving, including
            devices capable of measuring marijuana levels in motor vehicle
            operators.
                (2) A review of impairment standard research for driving
            under the influence of marijuana.
                (3) Methods to differentiate the cause of a driving
            impairment between alcohol and marijuana.
                (4) State-based policies on marijuana-impaired driving.
                (5) The role and extent of marijuana impairment in motor
            vehicle accidents.

        (c) Report.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary, in cooperation with other
            Federal agencies as appropriate, shall submit to the Committee
            on Transportation and Infrastructure of the House of
            Representatives and the Committee on Commerce, Science, and
            Transportation of the Senate a report on the results of the
            study.
                (2) Contents.--The report shall include, at a minimum, the
            following:
                        (A) Findings.--The findings of the Secretary based
                    on the study, including, at a minimum, the following:

    [[Page 129 STAT. 1511]]

                              (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. 4009. <<NOTE: 23 USC 402 note.>> INCREASING PUBLIC AWARENESS
                              OF THE DANGERS OF DRUG-IMPAIRED DRIVING.

        (a) Additional Actions.--The Administrator of the National Highway
    Traffic Safety Administration, in consultation with the White House
    Office of National Drug Control Policy, the Secretary of Health and
    Human Services, State highway safety offices, and other interested
    parties, as determined by the Administrator, shall identify and carry
    out additional actions that should be undertaken by the Administration
    to assist States in their efforts to increase public awareness of the
    dangers of drug-impaired driving, including the dangers of driving while
    under the influence of heroin or prescription opioids.
        (b) Report.--Not later than 60 days after the date of enactment of
    this Act, the Administrator shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that describes the additional actions undertaken by the
    Administration pursuant to subsection (a).
    SEC. 4010. <<NOTE: 23 USC 405 note.>> NATIONAL PRIORITY SAFETY
                              PROGRAM GRANT ELIGIBILITY.

        Not later than 60 days after the date on which the Secretary awards
    grants under section 405 of title 23, United States Code, the Secretary
    shall make available on a publicly available Internet Web site of the
    Department of Transportation--
                (1) an identification of--
                        (A) the States that were awarded grants under such
                    section;

    [[Page 129 STAT. 1512]]

                        (B) the States that applied and were not awarded
                    grants under such section; and
                        (C) the States that did not apply for a grant under
                    such section; and
                (2) a list of deficiencies that made a State ineligible for
            a grant under such section for each State under paragraph
            (1)(B).
    SEC. 4011. DATA COLLECTION.

        Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
                (1) in subsection (a)(1)--
                        (A) by striking ``(A) has enacted'' and all that
                    follows through ``(B) is maintaining'' and inserting
                    ``is maintaining''; and
                        (B) by striking ``and any passengers'';
                (2) by striking subsection (b) and inserting the following:

        ``(b) Use of Grant Funds.--A grant received by a State under
    subsection (a) shall be used by the State for the costs of--
                ``(1) collecting and maintaining data on traffic stops; and
                ``(2) evaluating the results of the data.'';
                (3) by striking subsection (c) and redesignating subsections
            (d) and (e) as subsections (c) and (d), respectively;
                (4) in subsection (c)(2), as so redesignated, by striking
            ``A State'' and inserting ``On or after October 1, 2015, a
            State''; and
                (5) in subsection (d), as so redesignated--
                        (A) in the subsection heading by striking
                    ``Authorization of Appropriations'' and inserting
                    ``Funding'';
                        (B) by striking paragraph (1) and inserting the
                    following:
                ``(1) In general.--From funds made available under section
            403 of title 23, United States Code, the Secretary shall set
            aside $7,500,000 for each of fiscal years 2017 through 2020 to
            carry out this section.'';
                        (C) in paragraph (2)--
                              (i) by striking ``authorized by'' and
                          inserting ``made available under''; and
                              (ii) by striking ``percent,'' and all that
                          follows through the period at the end and
                          inserting ``percent.''; and
                        (D) by adding at the end the following:
                ``(3) Other uses.--The Secretary may reallocate, before the
            last day of any fiscal year, amounts remaining available under
            paragraph (1) to increase the amounts made available to carry
            out any of other activities authorized under section 403 of
            title 23, United States Code, in order to ensure, to the maximum
            extent possible, that all such amounts are obligated during such
            fiscal year.''.
    SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL AND
                              DRUG USE BY DRIVERS.

        Not later than 180 days after the date on which the Comptroller
    General of the United States reviews and reports on the overall value of
    the National Roadside Survey to researchers and other public safety
    stakeholders, the differences between a National Roadside Survey site
    and typical law enforcement checkpoints, and the

    [[Page 129 STAT. 1513]]

    effectiveness of the National Roadside Survey methodology at protecting
    the privacy of the driving public, as requested by the Committee on
    Appropriations of the Senate on June 5, 2014 (Senate Report 113-182),
    the Secretary shall report to Congress on the National Highway Traffic
    Safety Administration's progress toward reviewing that report and
    implementing any recommendations made in that report.
    SEC. 4013. BARRIERS TO DATA COLLECTION REPORT.

        Not later than 180 days after the date of enactment of this Act, the
    Administrator of the National Highway Traffic Safety Administration
    shall submit a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives that--
                (1) identifies any legal and technical barriers to capturing
            adequate data on the prevalence of the use of wireless
            communications devices while driving; and
                (2) provides recommendations on how to address such
            barriers.
    SEC. 4014. TECHNICAL CORRECTIONS.

        Title 23, United States Code, is amended as follows:
                (1) Section 402 is amended--
                        (A) in subsection (b)(1)--
                              (i) in subparagraph (C) by striking
                          ``paragraph (3)'' and inserting ``paragraph (2)'';
                          and
                              (ii) in subparagraph (E)--
                                        (I) by striking ``in which'' and
                                    inserting ``for which''; and
                                        (II) by striking ``under subsection
                                    (f)'' and inserting ``under subsection
                                    (k)''; and
                        (B) in subsection (k)(5), as redesignated by this
                    Act, by striking ``under paragraph (2)(A)'' and
                    inserting ``under paragraph (3)(A)''.
                (2) Section 403(e) is amended by striking ``chapter 301''
            and inserting ``chapter 301 of title 49''.
                (3) Section 405 is amended--
                        (A) in subsection (d)--
                              (i) in paragraph (5) by striking ``under
                          section 402(c)'' and inserting ``under section
                          402''; and
                              (ii) in paragraph (6)(D), as redesignated by
                          this Act, by striking ``on the basis of the
                          apportionment formula set forth in section
                          402(c)'' and inserting ``in proportion to the
                          State's apportionment under section 402 for fiscal
                          year 2009''; and
                        (B) in subsection (f)(4)(A)(iv)--
                              (i) by striking ``such as the'' and inserting
                          ``including''; and
                              (ii) by striking ``developed under subsection
                          (g)''.
    SEC. 4015. <<NOTE: 23 USC 164 note.>> EFFECTIVE DATE FOR CERTAIN
                              PROGRAMS.

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

    [[Page 129 STAT. 1514]]

                          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

    [[Page 129 STAT. 1515]]

                    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 (or other method a
                    State may use that the Secretary determines is adequate
                    to obtain necessary information) and inspection to carry
                    out the plan;
                        ``(F) provides that all reports required under this
                    section be available to the Secretary on request;
                        ``(G) provides that the lead State commercial motor
                    vehicle safety agency will adopt the reporting
                    requirements and use the forms for recordkeeping,
                    inspections, and investigations that the Secretary
                    prescribes;
                        ``(H) requires all registrants of commercial motor
                    vehicles to demonstrate knowledge of applicable safety
                    regulations, standards, and orders of the Federal
                    Government and the State;
                        ``(I) provides that the State will grant maximum
                    reciprocity for inspections conducted under the North
                    American Inspection Standards through the use of a
                    nationally accepted system that allows ready
                    identification of previously inspected commercial motor
                    vehicles;
                        ``(J) ensures that activities described in
                    subsection (h), if financed through grants to the State
                    made under this section, will not diminish the
                    effectiveness of the development and implementation of
                    the programs to improve motor carrier, commercial motor
                    vehicle, and driver safety as described in subsection
                    (b);
                        ``(K) ensures that the lead State commercial motor
                    vehicle safety agency will coordinate the plan, data
                    collection, and information systems with the State
                    highway safety improvement program required under
                    section 148(c) of title 23;
                        ``(L) ensures participation in appropriate Federal
                    Motor Carrier Safety Administration information
                    technology and data systems and other information
                    systems by all appropriate jurisdictions receiving motor
                    carrier safety assistance program funding;
                        ``(M) ensures that information is exchanged among
                    the States in a timely manner;
                        ``(N) provides satisfactory assurances that the
                    State will undertake efforts that will emphasize and
                    improve enforcement of State and local traffic safety
                    laws and regulations related to commercial motor vehicle
                    safety;
                        ``(O) provides satisfactory assurances that the
                    State will address national priorities and performance
                    goals, including--
                              ``(i) activities aimed at removing impaired
                          commercial motor vehicle drivers from the highways
                          of the United States through adequate enforcement
                          of regulations on the use of alcohol and
                          controlled substances and by ensuring ready
                          roadside access to alcohol detection and measuring
                          equipment;

    [[Page 129 STAT. 1516]]

                              ``(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

    [[Page 129 STAT. 1517]]

                    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

    [[Page 129 STAT. 1518]]

    subsection (c)(2)(Y) does not apply to a territory of the United States
    unless required by the Secretary.
        ``(e) Intrastate Compatibility.--The Secretary shall prescribe
    regulations specifying tolerance guidelines and standards for ensuring
    compatibility of intrastate commercial motor vehicle safety laws,
    including regulations, with Federal motor carrier safety regulations to
    be enforced under subsections (b) and (c). To the extent practicable,
    the guidelines and standards shall allow for maximum flexibility while
    ensuring a degree of uniformity that will not diminish motor vehicle
    safety.
        ``(f) Maintenance of Effort.--
                ``(1) Baseline.--Except as provided under paragraphs (2) and
            (3) and in accordance with section 5107 of the FAST Act, a State
            plan under subsection (c) shall provide that the total
            expenditure of amounts of the lead State commercial motor
            vehicle safety agency responsible for administering the plan
            will be maintained at a level each fiscal year that is at least
            equal to--
                        ``(A) the average level of that expenditure for
                    fiscal years 2004 and 2005; or
                        ``(B) the level of that expenditure for the year in
                    which the Secretary implements a new allocation formula
                    under section 5106 of the FAST Act.
                ``(2) Adjusted baseline after fiscal year 2017.--At the
            request of a State, the Secretary may evaluate additional
            documentation related to the maintenance of effort and may make
            reasonable adjustments to the maintenance of effort baseline
            after the year in which the Secretary implements a new
            allocation formula under section 5106 of the FAST Act, and this
            adjusted baseline will replace the maintenance of effort
            requirement under paragraph (1).
                ``(3) Waivers.--At the request of a State, the Secretary may
            waive or modify the requirements of this subsection for a total
            of 1 fiscal year if the Secretary determines that the waiver or
            modification is reasonable, based on circumstances described by
            the State, to ensure the continuation of commercial motor
            vehicle enforcement activities in the State.
                ``(4) Level of state expenditures.--In estimating the
            average level of a State's expenditures under paragraph (1), the
            Secretary--
                        ``(A) may allow the State to exclude State
                    expenditures for federally sponsored demonstration and
                    pilot programs and strike forces;
                        ``(B) may allow the State to exclude expenditures
                    for activities related to border enforcement and new
                    entrant safety audits; and
                        ``(C) shall require the State to exclude State
                    matching amounts used to receive Federal financing under
                    section 31104.

        ``(g) Use of Unified Carrier Registration Fees Agreement.--Amounts
    generated under section 14504a and received by a State and used for
    motor carrier safety purposes may be included as part of the State's
    match required under section 31104 or maintenance of effort required by
    subsection (f).
        ``(h) Use of Grants To Enforce Other Laws.--When approved as part of
    a State's plan under subsection (c), the State

    [[Page 129 STAT. 1519]]

    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

    [[Page 129 STAT. 1520]]

            plans approved under this section in accordance with the
            criteria prescribed under paragraph (1).
                ``(3) Elective adjustments.--Subject to the availability of
            funding and notwithstanding fluctuations in the data elements
            used by the Secretary to calculate the annual allocation
            amounts, after the creation of a new allocation formula under
            section 5106 of the FAST Act, the Secretary may not make
            elective adjustments to the allocation formula that decrease a
            State's Federal funding levels by more than 3 percent in a
            fiscal year. The 3 percent limit shall not apply to the
            withholding provisions of subsection (k).

        ``(k) Plan Monitoring.--
                ``(1) In general.--On the basis of reports submitted by the
            lead State agency responsible for administering a State plan
            approved under this section and an investigation by the
            Secretary, the Secretary shall periodically evaluate State
            implementation of and compliance with the State plan.
                ``(2) Withholding of funds.--
                        ``(A) Disapproval.--If, after notice and an
                    opportunity to be heard, the Secretary finds that a
                    State plan previously approved under this section is not
                    being followed or has become inadequate to ensure
                    enforcement of State regulations, standards, or orders
                    described in subsection (c)(1), or the State is
                    otherwise not in compliance with the requirements of
                    this section, the Secretary may withdraw approval of the
                    State plan and notify the State. Upon the receipt of
                    such notice, the State plan shall no longer be in effect
                    and the Secretary shall withhold all funding to the
                    State under this section.
                        ``(B) Noncompliance withholding.--In lieu of
                    withdrawing approval of a State plan under subparagraph
                    (A), the Secretary may, after providing notice to the
                    State and an opportunity to be heard, withhold funding
                    from the State to which the State would otherwise be
                    entitled under this section for the period of the
                    State's noncompliance. In exercising this option, the
                    Secretary may withhold--
                              ``(i) up to 5 percent of funds during the
                          fiscal year that the Secretary notifies the State
                          of its noncompliance;
                              ``(ii) up to 10 percent of funds for the first
                          full fiscal year of noncompliance;
                              ``(iii) up to 25 percent of funds for the
                          second full fiscal year of noncompliance; and
                              ``(iv) not more than 50 percent of funds for
                          the third and any subsequent full fiscal year of
                          noncompliance.
                ``(3) Judicial review.--A State adversely affected by a
            determination under paragraph (2) may seek judicial review under
            chapter 7 of title 5. Notwithstanding the disapproval of a State
            plan under paragraph (2)(A) or the withholding of funds under
            paragraph (2)(B), the State may retain jurisdiction in an
            administrative or a judicial proceeding that commenced before
            the notice of disapproval or withholding if the issues involved
            are not related directly to the reasons for the disapproval or
            withholding.

        ``(l) High Priority Program.--

    [[Page 129 STAT. 1521]]

                ``(1) In general.--The Secretary shall administer a high
            priority program funded under section 31104(a)(2) for the
            purposes described in paragraphs (2) and (3).
                ``(2) Activities related to motor carrier safety.--The
            Secretary may make discretionary grants to and enter into
            cooperative agreements with States, local governments, federally
            recognized Indian tribes, other political jurisdictions as
            necessary, and any person to carry out high priority activities
            and projects that augment motor carrier safety activities and
            projects planned in accordance with subsections (b) and (c),
            including activities and projects that--
                        ``(A) increase public awareness and education on
                    commercial motor vehicle safety;
                        ``(B) target unsafe driving of commercial motor
                    vehicles and noncommercial motor vehicles in areas
                    identified as high risk crash corridors;
                        ``(C) improve the safe and secure movement of
                    hazardous materials;
                        ``(D) improve safe transportation of goods and
                    persons in foreign commerce;
                        ``(E) demonstrate new technologies to improve
                    commercial motor vehicle safety;
                        ``(F) support participation in performance and
                    registration information systems management under
                    section 31106(b)--
                              ``(i) for entities not responsible for
                          submitting the plan under subsection (c); or
                              ``(ii) for entities responsible for submitting
                          the plan under subsection (c)--
                                        ``(I) before October 1, 2020, to
                                    achieve compliance with the requirements
                                    of participation; and
                                        ``(II) beginning on October 1, 2020,
                                    or once compliance is achieved,
                                    whichever is sooner, for special
                                    initiatives or projects that exceed
                                    routine operations required for
                                    participation;
                        ``(G) conduct safety data improvement projects--
                              ``(i) that complete or exceed the requirements
                          under subsection (c)(2)(P) for entities not
                          responsible for submitting the plan under
                          subsection (c); or
                              ``(ii) that exceed the requirements under
                          subsection (c)(2)(P) for entities responsible for
                          submitting the plan under subsection (c); and
                        ``(H) otherwise improve commercial motor vehicle
                    safety and compliance with commercial motor vehicle
                    safety regulations.
                ``(3) Innovative technology deployment grant program.--
                        ``(A) In general.--The Secretary shall establish an
                    innovative technology deployment grant program to make
                    discretionary grants to eligible States for the
                    innovative technology deployment of commercial motor
                    vehicle information systems and networks.
                        ``(B) Purposes.--The purposes of the program shall
                    be--
                              ``(i) to advance the technological capability
                          and promote the deployment of intelligent
                          transportation

    [[Page 129 STAT. 1522]]

                          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

    [[Page 129 STAT. 1523]]

                    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
            (except subsection (l))--
                        ``(A) $292,600,000 for fiscal year 2017;
                        ``(B) $298,900,000 for fiscal year 2018;
                        ``(C) $304,300,000 for fiscal year 2019; and
                        ``(D) $308,700,000 for fiscal year 2020.
                ``(2) High priority activities program.--Subject to
            subsection (c), to carry out section 31102(l)--
                        ``(A) $42,200,000 for fiscal year 2017;
                        ``(B) $43,100,000 for fiscal year 2018;
                        ``(C) $44,000,000 for fiscal year 2019; and
                        ``(D) $44,900,000 for fiscal year 2020.
                ``(3) Commercial motor vehicle operators grant program.--To
            carry out section 31103--
                        ``(A) $1,000,000 for fiscal year 2017;
                        ``(B) $1,000,000 for fiscal year 2018;
                        ``(C) $1,000,000 for fiscal year 2019; and
                        ``(D) $1,000,000 for fiscal year 2020.
                ``(4) Commercial driver's license program implementation
            program.--Subject to subsection (c), to carry out section
            31313--
                        ``(A) $31,200,000 for fiscal year 2017;
                        ``(B) $31,800,000 for fiscal year 2018;
                        ``(C) $32,500,000 for fiscal year 2019; and
                        ``(D) $33,200,000 for fiscal year 2020.

        ``(b) Reimbursement and Payment to Recipients for Government Share
    of Costs.--
                ``(1) In general.--Amounts made available under subsection
            (a) shall be used to reimburse financial assistance recipients
            proportionally for the Federal Government's share of the costs
            incurred.

    [[Page 129 STAT. 1524]]

                ``(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.

    [[Page 129 STAT. 1525]]

        ``(g) Contract Authority; Initial Date of Availability.--Amounts
    authorized from the Highway Trust Fund (other than the Mass Transit
    Account) by this section shall be available for obligation on the date
    of their apportionment or allocation or on October 1 of the fiscal year
    for which they are authorized, whichever occurs first.
        ``(h) Availability of Funding.--Amounts made available under this
    section shall remain available until expended.
        ``(i) Reallocation.--Amounts not expended by a recipient during the
    period of availability shall be released back to the Secretary for
    reallocation for any purpose under section 31102, 31103, or 31313 or
    this section to ensure, to the maximum extent possible, that all such
    amounts are obligated.''.
        (d) Clerical Amendment.--The analysis for chapter 311 of title 49,
    United States Code, <<NOTE: 49 USC prec. 31100.>> 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, <<NOTE: 49 USC prec.
            31100.>> 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, <<NOTE: 49 USC prec. 31100.>> 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--

    [[Page 129 STAT. 1526]]

                        (A) in paragraph (1) by striking ``section
                    31104(f)(2)(B) of title 49, United States Code'' and
                    inserting ``section 31104(a)(1) of title 49, United
                    States Code''; and
                        (B) by striking paragraph (3).
                (11) Winter home heating oil delivery state flexibility
            program.--Section 346 of the National Highway System Designation
            Act of 1995 (49 U.S.C. 31166 note), and the item relating to
            that section in the table of contents in section 1(b) of that
            Act, are repealed.

        (f) <<NOTE: 49 USC 31102 note.>> Effective Date.--The amendments
    made by this section shall take effect on October 1, 2016.

        (g) <<NOTE: 49 USC 31102 note.>> Transition.--Notwithstanding the
    amendments made by this section, the Secretary shall carry out sections
    31102, 31103, and 31104 of title 49, United States Code, and any
    sections repealed under subsection (e), as necessary, as those sections
    were in effect on the day before October 1, 2016, with respect to
    applications for grants, cooperative agreements, or contracts under
    those sections submitted before October 1, 2016.
    SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS
                              MANAGEMENT.

        Section 31106(b) of title 49, United States Code, is amended in the
    subsection heading by striking ``Program'' and inserting ``Systems
    Management''.
    SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--Subchapter I of chapter 311 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 31110. <<NOTE: 49 USC 31110.>> Authorization of
                        appropriations

        ``(a) Administrative Expenses.--There is authorized to be
    appropriated from the Highway Trust Fund (other than the Mass Transit
    Account) for the Secretary of Transportation to pay administrative
    expenses of the Federal Motor Carrier Safety Administration--
                ``(1) $267,400,000 for fiscal year 2016;
                ``(2) $277,200,000 for fiscal year 2017;
                ``(3) $283,000,000 for fiscal year 2018;
                ``(4) $284,000,000 for fiscal year 2019; and
                ``(5) $288,000,000 for fiscal year 2020.

        ``(b) Use of Funds.--The funds authorized by this section shall be
    used for--
                ``(1) personnel costs;
                ``(2) administrative infrastructure;
                ``(3) rent;
                ``(4) information technology;
                ``(5) programs for research and technology, information
            management, regulatory development, and the administration of
            performance and registration information systems management
            under section 31106(b);
                ``(6) programs for outreach and education under subsection
            (c);
                ``(7) other operating expenses;
                ``(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.

    [[Page 129 STAT. 1527]]

        ``(c) Outreach and Education Program.--
                ``(1) In general.--The Secretary may conduct, through any
            combination of grants, contracts, cooperative agreements, and
            other activities, an internal and external outreach and
            education program to be administered by the Administrator of the
            Federal Motor Carrier Safety Administration.
                ``(2) Federal share.--The Federal share of an outreach and
            education project for which a grant, contract, or cooperative
            agreement is made under this subsection may be up to 100 percent
            of the cost of the project.
                ``(3) Funding.--From amounts made available under subsection
            (a), the Secretary shall make available not more than $4,000,000
            each fiscal year to carry out this subsection.

        ``(d) Contract Authority; Initial Date of Availability.--Amounts
    authorized from the Highway Trust Fund (other than the Mass Transit
    Account) by this section shall be available for obligation on the date
    of their apportionment or allocation or on October 1 of the fiscal year
    for which they are authorized, whichever occurs first.
        ``(e) Funding Availability.--Amounts made available under this
    section shall remain available until expended.
        ``(f) Contractual Obligation.--The approval of funds by the
    Secretary under this section is a contractual obligation of the Federal
    Government for payment of the Federal Government's share of costs.''.
        (b) Clerical Amendment.--The analysis for chapter 311 of title 49,
    United States Code, <<NOTE: 49 USC 3100.>> is amended by adding at the
    end of the items relating to subchapter I the following:

    ``31110. Authorization of appropriations.''.

        (c) Conforming Amendments.--
                (1) Administrative expenses; authorization of
            appropriations.--Section 31104 of title 49, United States Code,
            is amended--
                        (A) by striking subsection (i); and
                        (B) by redesignating subsections (j) and (k) as
                    subsections (i) and (j), respectively.
                (2) Use of amounts made available under subsection (i).--
            Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is amended
            by striking ``section 31104(i)'' and inserting ``section
            31110''.
                (3) International cooperation.--Section 31161 of title 49,
            United States Code, is amended by striking ``section 31104(i)''
            and inserting ``section 31110''.
                (4) SAFETEA-LU; outreach and education.--Section 4127 of
            SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item
            relating to that section in the table of contents contained in
            section 1(b) of that Act, <<NOTE: 49 USC 3100 note.>> are
            repealed.
    SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.

        (a) In General.--Section 31313 of title 49, United States Code, is
    amended to read as follows:
    ``Sec. 31313. Commercial driver's license program implementation
                        financial assistance program

        ``(a) Financial Assistance Program.--

    [[Page 129 STAT. 1528]]

                ``(1) In general.--The Secretary of Transportation shall
            administer a financial assistance program for commercial
            driver's license program implementation for the purposes
            described in paragraphs (2) and (3).
                ``(2) State commercial driver's license program
            implementation grants.--In carrying out the program, the
            Secretary may make a grant to a State agency in a fiscal year--
                        ``(A) to assist the State in complying with the
                    requirements of section 31311; and
                        ``(B) in the case of a State that is making a good
                    faith effort toward substantial compliance with the
                    requirements of section 31311, to improve the State's
                    implementation of its commercial driver's license
                    program, including expenses--
                              ``(i) for computer hardware and software;
                              ``(ii) for publications, testing, personnel,
                          training, and quality control;
                              ``(iii) for commercial driver's license
                          program coordinators; and
                              ``(iv) to implement or maintain a system to
                          notify an employer of an operator of a commercial
                          motor vehicle of the suspension or revocation of
                          the operator's commercial driver's license
                          consistent with the standards developed under
                          section 32303(b) of the Commercial Motor Vehicle
                          Safety Enhancement Act of 2012 (49 U.S.C. 31304
                          note).
                ``(3) Priority activities.--The Secretary may make a grant
            to or enter into a cooperative agreement with a State agency,
            local government, or any person in a fiscal year for research,
            development and testing, demonstration projects, public
            education, and other special activities and projects relating to
            commercial drivers licensing and motor vehicle safety that--
                        ``(A) benefit all jurisdictions of the United
                    States;
                        ``(B) address national safety concerns and
                    circumstances;
                        ``(C) address emerging issues relating to commercial
                    driver's license improvements;
                        ``(D) support innovative ideas and solutions to
                    commercial driver's license program issues; or
                        ``(E) address other commercial driver's license
                    issues, as determined by the Secretary.

        ``(b) Prohibitions.--A recipient may not use financial assistance
    funds awarded under this section to rent, lease, or buy land or
    buildings.
        ``(c) Report.--The Secretary shall issue an annual report on the
    activities carried out under this section.
        ``(d) Apportionment.--All amounts made available to carry out this
    section for a fiscal year shall be apportioned to a recipient described
    in subsection (a)(3) according to criteria prescribed by the Secretary.
        ``(e) Funding.--For fiscal years beginning after September 30, 2016,
    this section shall be funded under section 31104.''.

    [[Page 129 STAT. 1529]]

        (b) Clerical Amendment.--The analysis for chapter 313 of title 49,
    United States Code, <<NOTE: 49 USC prec. 31301.>> is amended by striking
    the item relating to section 31313 and inserting the following:

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

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

        (a) Motor Carrier Safety Assistance Program Grant Extension.--
    Section 31104(a) of title 49, United States Code, is amended by striking
    paragraphs (10) and (11) and inserting the following:
                ``(10) $218,000,000 for fiscal year 2015; and
                ``(11) $218,000,000 for fiscal year 2016.''.

        (b) Extension of Grant Programs.--Section 4101(c) of SAFETEA-LU (119
    Stat. 1715; Public Law 109-59) is amended to read as follows:
        ``(c) Authorization of Appropriations.--The following sums are
    authorized to be appropriated from the Highway Trust Fund (other than
    the Mass Transit Account):
                ``(1) Commercial driver's license program improvement
            grants.--For carrying out the commercial driver's license
            program improvement grants program under section 31313 of title
            49, United States Code, $30,000,000 for fiscal year 2016.
                ``(2) Border enforcement grants.--For border enforcement
            grants under section 31107 of that title $32,000,000 for fiscal
            year 2016.
                ``(3) Performance and registration information systems
            management grant program.--For the performance and registration
            information systems management grant program under section 31109
            of that title $5,000,000 for fiscal year 2016.
                ``(4) Commercial vehicle information systems and networks
            deployment.--For carrying out the commercial vehicle information
            systems and networks deployment program under section 4126 of
            this Act $25,000,000 for fiscal year 2016.
                ``(5) Safety data improvement grants.--For safety data
            improvement grants under section 4128 of this Act $3,000,000 for
            fiscal year 2016.''.

        (c) High-Priority Activities.--Section 31104(j)(2) of title 49,
    United States Code, as redesignated by this subtitle, is amended by
    striking ``2015'' the first place it appears and all that follows
    through ``for States,'' and inserting ``2016 for States,''.
        (d) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
    States Code, is amended to read as follows:
                        ``(B) Set aside.--The Secretary shall set aside from
                    amounts made available under section 31104(a) up to
                    $32,000,000 for fiscal year 2016 for audits of new
                    entrant motor carriers conducted under this
                    paragraph.''.

        (e) Grant Program for Commercial Motor Vehicle Operators.--Section
    4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is amended to read as
    follows:
        ``(c) Funding.--From amounts made available under section 31110 of
    title 49, United States Code, the Secretary shall make available,
    $1,000,000 for fiscal year 2016 to carry out this section.''.
        (f) Commercial Vehicle Information Systems and Networks
    Deployment.--

    [[Page 129 STAT. 1530]]

                (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. <<NOTE: 49 USC 31102 note.>> 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 safety assistance
            program under section 31102 of title 49, United States Code.
                (4) Recommendation.--Not later than 1 year after the date
            the working group is established under paragraph (1), the
            working group shall make a recommendation to the Secretary
            regarding a new allocation formula for the motor carrier safety
            assistance program.

    [[Page 129 STAT. 1531]]

                (5) Exemption.--The Federal Advisory Committee Act (5 U.S.C.
            App.) shall not apply to the working group established under
            this subsection.
                (6) Publication.--The Administrator of the Federal Motor
            Carrier Safety Administration shall publish on a publicly
            accessible Internet Web site of the Federal Motor Carrier Safety
            Administration--
                        (A) detailed summaries of the meetings of the
                    working group; and
                        (B) the final recommendation of the working group
                    provided to the Secretary.

        (b) Notice of Proposed Rulemaking.--After receiving the
    recommendation of the working group under subsection (a)(4), the
    Secretary shall publish in the Federal Register a notice seeking public
    comment on the establishment of a new allocation formula for the motor
    carrier safety assistance program.
        (c) Basis for Formula.--The Secretary shall ensure that the new
    allocation formula for the motor carrier safety assistance program is
    based on factors that reflect, at a minimum--
                (1) the relative needs of the States to comply with section
            31102 of title 49, United States Code;
                (2) the relative administrative capacities of and challenges
            faced by States in complying with that section;
                (3) the average of each State's new entrant motor carrier
            inventory for the 3-year period prior to the date of enactment
            of this Act;
                (4) the number of international border inspection facilities
            and border crossings by commercial vehicles in each State; and
                (5) any other factors the Secretary considers appropriate.

        (d) Funding Amounts Prior to Development of New Allocation
    Formula.--
                (1) Interim formula.--Prior to the development of the new
            allocation formula for the motor carrier safety assistance
            program, the Secretary may calculate the interim funding amounts
            for that program in fiscal year 2017 (and later fiscal years, as
            necessary) under section 31104(a)(1) of title 49, United States
            Code, as amended by this subtitle, by using the following
            methodology:
                        (A) The Secretary shall calculate the funding amount
                    to a State using the allocation formula the Secretary
                    used to award motor carrier safety assistance program
                    funding in fiscal year 2016 under section 31102 of title
                    49, United States Code.
                        (B) The Secretary shall average the funding awarded
                    or other equitable amounts to a State in fiscal years
                    2013, 2014, and 2015 for--
                              (i) border enforcement grants under section
                          31107 of title 49, United States Code; and
                              (ii) new entrant audit grants under section
                          31144(g)(5) of that title.
                        (C) The Secretary shall add the amounts calculated
                    in subparagraphs (A) and (B).
                (2) Adjustments.--Subject to the availability of funding and
            notwithstanding fluctuations in the data elements used by the
            Secretary, the initial amounts resulting from the calculation
            described in paragraph (1) shall be adjusted to ensure

    [[Page 129 STAT. 1532]]

            that, for each State, the amount shall not be less than 97
            percent of the average amount of funding received or other
            equitable amounts in fiscal years 2013, 2014, and 2015 for--
                        (A) motor carrier safety assistance program funds
                    awarded to the State under section 31102 of title 49,
                    United States Code;
                        (B) border enforcement grants awarded to the State
                    under section 31107 of title 49, United States Code; and
                        (C) new entrant audit grants awarded to the State
                    under section 31144(g)(5) of title 49, United States
                    Code.
                (3) Immediate relief.--On the date of enactment of this Act,
            and for the 3 fiscal years following the implementation of the
            new allocation formula, the Secretary shall terminate the
            withholding of motor carrier safety assistance program funds
            from a State if the State was subject to the withholding of such
            funds for matters of noncompliance immediately prior to the date
            of enactment of this Act.
                (4) Future withholdings.--Beginning on the date that the new
            allocation formula for the motor carrier safety assistance
            program is implemented, the Secretary shall impose all future
            withholdings in accordance with section 31102(k) of title 49,
            United States Code, as amended by this subtitle.

        (e) Termination of Working Group.--The working group established
    under subsection (a) shall terminate on the date of the implementation
    of the new allocation formula for the motor carrier safety assistance
    program.
    SEC. 5107. <<NOTE: 49 USC 31102 note.>> MAINTENANCE OF EFFORT
                              CALCULATION.

        (a) Before New Allocation Formula.--
                (1) Fiscal year 2017.--If a new allocation formula for the
            motor carrier safety assistance program has not been established
            under this subtitle for fiscal year 2017, the Secretary shall
            calculate for fiscal year 2017 the maintenance of effort
            baseline required under section 31102(f) of title 49, United
            States Code, as amended by this subtitle, by averaging the
            expenditures for fiscal years 2004 and 2005 required by section
            31102(b)(4) of title 49, United States Code, as that section was
            in effect on the day before the date of enactment of this Act.
                (2) Subsequent fiscal years.--The Secretary may use the
            methodology for calculating the maintenance of effort baseline
            specified in paragraph (1) for fiscal year 2018 and subsequent
            fiscal years if a new allocation formula for the motor carrier
            safety assistance program has not been established for that
            fiscal year.

        (b) Beginning With New Allocation Formation.--
                (1) In general.--Subject to paragraphs (2) and (3)(B),
            beginning on the date that a new allocation formula for the
            motor carrier safety assistance program is established under
            this subtitle, upon the request of a State, the Secretary may
            waive or modify the baseline maintenance of effort required of
            the State by section 31102(f) of title 49, United States Code,
            as amended by this subtitle, for the purpose of establishing a
            new baseline maintenance of effort if the Secretary determines
            that a waiver or modification--
                        (A) is equitable due to reasonable circumstances;

    [[Page 129 STAT. 1533]]

                        (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

    [[Page 129 STAT. 1534]]

    that a new maintenance of effort baseline is calculated based on a new
    allocation formula for the motor carrier safety assistance program
    implemented under section 31102 of title 49, United States Code.

         Subtitle B--Federal Motor Carrier Safety Administration Reform

                            PART I--REGULATORY REFORM

    SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.

        Section 13906(e) of title 49, United States Code, is amended by
    inserting ``or suspend'' after ``revoke''.
    SEC. 5202. REGULATIONS.

        Section 31136 of title 49, United States Code, is amended--
                (1) by redesignating subsection (f) as subsection (g) and
            transferring such subsection to appear at the end of section
            31315 of such title; and
                (2) by adding at the end the following:

        ``(f) Regulatory Impact Analysis.--
                ``(1) In general.--Within each regulatory impact analysis of
            a proposed or final major rule issued by the Federal Motor
            Carrier Safety Administration, the Secretary shall, whenever
            practicable--
                        ``(A) consider the effects of the proposed or final
                    rule on different segments of the motor carrier
                    industry; and
                        ``(B) formulate estimates and findings based on the
                    best available science.
                ``(2) Scope.--To the extent feasible and appropriate, and
            consistent with law, an analysis described in paragraph (1)
            shall--
                        ``(A) use data that is representative of commercial
                    motor vehicle operators or motor carriers, or both, that
                    will be impacted by the proposed or final rule; and
                        ``(B) consider the effects on commercial truck and
                    bus carriers of various sizes and types.

        ``(g) Public Participation.--
                ``(1) In general.--If a proposed rule under this part is
            likely to lead to the promulgation of a major rule, the
            Secretary, before publishing such proposed rule, shall--
                        ``(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.

    [[Page 129 STAT. 1535]]

                ``(3) Waiver.--This subsection does not apply to a proposed
            rule if the Secretary, for good cause, finds (and incorporates
            the finding and a brief statement of reasons for such finding in
            the proposed or final rule) that an advance notice of proposed
            rulemaking is impracticable, unnecessary, or contrary to the
            public interest.

        ``(h) Rule of Construction.--Nothing in subsection (f) or (g) may be
    construed to limit the contents of an advance notice of proposed
    rulemaking.''.
    SEC. 5203. <<NOTE: 49 USC 113 note.>> GUIDANCE.

        (a) In General.--
                (1) Date of issuance and point of contact.--Each guidance
            document issued by the Federal Motor Carrier Safety
            Administration shall have a date of issuance or a date of
            revision, as applicable, and shall include the name and contact
            information of a point of contact at the Administration who can
            respond to questions regarding the guidance.
                (2) Public accessibility.--
                        (A) In general.--Each guidance document issued or
                    revised by the Federal Motor Carrier Safety
                    Administration shall be published on a publicly
                    accessible Internet Web site of the Department on the
                    date of issuance or revision.
                        (B) Redaction.--The Administrator of the Federal
                    Motor Carrier Safety Administration may redact from a
                    guidance document published under subparagraph (A) any
                    information that would reveal investigative techniques
                    that would compromise Administration enforcement
                    efforts.
                (3) Incorporation into regulations.--Not later than 5 years
            after the date on which a guidance document is published under
            paragraph (2) or during an applicable review under subsection
            (c), whichever is earlier, the Secretary shall revise
            regulations to incorporate the guidance document to the extent
            practicable.
                (4) Reissuance.--If a guidance document is not incorporated
            into regulations in accordance with paragraph (3), the
            Administrator shall--
                        (A) reissue an updated version of the guidance
                    document; and
                        (B) review and reissue an updated version of the
                    guidance document every 5 years until the date on which
                    the guidance document is removed or incorporated into
                    applicable regulations.

        (b) Initial Review.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall review all guidance
    documents issued by the Federal Motor Carrier Safety Administration and
    in effect on such date of enactment to ensure that such documents are
    current, are readily accessible to the public, and meet the standards
    specified in subparagraphs (A), (B), and (C) of subsection (c)(1).
        (c) Regular Review.--
                (1) In general.--Subject to paragraph (2), not less than
            once every 5 years, the Administrator shall conduct a
            comprehensive review of the guidance documents issued by the
            Federal Motor Carrier Safety Administration to determine whether
            such documents are--
                        (A) consistent and clear;

    [[Page 129 STAT. 1536]]

                        (B) uniformly and consistently enforced; and
                        (C) still necessary.
                (2) Notice and comment.--Prior to beginning a review under
            paragraph (1), the Administrator shall publish in the Federal
            Register a notice and request for comment that solicits input
            from stakeholders on which guidance documents should be updated
            or eliminated.
                (3) Report.--
                        (A) In general.--Not later than 60 days after the
                    date on which a review under paragraph (1) is completed,
                    the Administrator shall publish on a publicly accessible
                    Internet Web site of the Department a report detailing
                    the review and a full inventory of the guidance
                    documents of the Administration.
                        (B) Contents.--A report under subparagraph (A) shall
                    include a summary of the response of the Administration
                    to comments received under paragraph (2).

        (d) Guidance Document Defined.--In this section, the term ``guidance
    document'' means a document issued by the Federal Motor Carrier Safety
    Administration that--
                (1) provides an interpretation of a regulation of the
            Administration; or
                (2) includes an enforcement policy of the Administration
            available to the public.
    SEC. 5204. <<NOTE: 49 USC 113 note.>> PETITIONS.

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

        (b) Treatment of Multiple Petitions.--The Administrator may treat
    multiple similar petitions as a single petition for the purposes of
    subsection (a).
        (c) Petition Defined.--In this section, the term ``petition'' means
    a request for--
                (1) a new regulation;
                (2) a regulatory interpretation or clarification; or
                (3) a determination by the Administrator that a regulation
            should be modified or eliminated because it is--
                        (A) no longer--
                              (i) consistent and clear;

    [[Page 129 STAT. 1537]]

                              (ii) current with the operational realities of
                          the motor carrier industry; or
                              (iii) uniformly enforced;
                        (B) ineffective; or
                        (C) overly burdensome.
    SEC. 5205. <<NOTE: 49 USC 31148 note.>> INSPECTOR STANDARDS.

        Not later than 90 days after the date of enactment of this Act, the
    Administrator of the Federal Motor Carrier Safety Administration shall
    revise the regulations under part 385 of title 49, Code of Federal
    Regulations, as necessary, to incorporate by reference the certification
    standards for roadside inspectors issued by the Commercial Vehicle
    Safety Alliance.
    SEC. 5206. APPLICATIONS.

        (a) Review Process.--Section 31315(b) of title 49, United States
    Code, is amended--
                (1) in paragraph (1)--
                        (A) in the first sentence by striking ``paragraph
                    (3)'' and inserting ``this subsection''; and
                        (B) by striking the second sentence;
                (2) by redesignating paragraphs (2) through (7) as
            paragraphs (4) through (9), respectively; and
                (3) by inserting after paragraph (1) the following:
                ``(2) Length of exemption and renewal.--An exemption may be
            granted under paragraph (1) for no longer than 5 years and may
            be renewed, upon request, for subsequent 5-year periods if the
            Secretary continues to make the finding under paragraph (1).
                ``(3) Opportunity for resubmission.--If the Secretary denies
            an application under paragraph (1) and the applicant can
            reasonably address the reason for the denial, the Secretary may
            allow the applicant to resubmit the application.''.

        (b) <<NOTE: 49 USC 31315 note.>> Administrative Exemptions.--
                (1) In general.--The Secretary shall make permanent the
            following limited exemptions:
                        (A) Perishable construction products, as published
                    in the Federal Register on April 2, 2015 (80 Fed. Reg.
                    17819).
                        (B) Transport of commercial bee hives, as published
                    in the Federal Register on June 19, 2015 (80 Fed. Reg.
                    35425).
                        (C) Safe transport of livestock, as published in the
                    Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
                (2) Additional administrative exemptions.--Any exemption
            from any provision of the regulations under part 395 of title
            49, Code of Federal Regulations, that is in effect on the date
            of enactment of this Act--
                        (A) except as otherwise provided in section 31315(b)
                    of title 49, shall be valid for a period of 5 years from
                    the date such exemption was granted; and
                        (B) may be subject to renewal under section
                    31315(b)(2) of title 49, United States Code.

    [[Page 129 STAT. 1538]]

               PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

    SEC. 5221. <<NOTE: 49 USC 31100 note.>> CORRELATION STUDY.

        (a) In General.--The Administrator of the Federal Motor Carrier
    Safety Administration (referred to in this part as the
    ``Administrator'') shall commission the National Research Council of the
    National Academies to conduct a study of--
                (1) the Compliance, Safety, Accountability program of the
            Federal Motor Carrier Safety Administration (referred to in this
            part as the ``CSA program''); and
                (2) the Safety Measurement System utilized by the CSA
            program (referred to in this part as the ``SMS'').

        (b) Scope of Study.--In carrying out the study commissioned pursuant
    to subsection (a), the National Research Council--
                (1) shall analyze--
                        (A) the accuracy with which the Behavior Analysis
                    and Safety Improvement Categories (referred to in this
                    part as ``BASIC'')--
                              (i) identify high risk carriers; and
                              (ii) predict or are correlated with future
                          crash risk, crash severity, or other safety
                          indicators for motor carriers, including the
                          highest risk carriers;
                        (B) the methodology used to calculate BASIC
                    percentiles and identify carriers for enforcement,
                    including the weights assigned to particular violations
                    and the tie between crash risk and specific regulatory
                    violations, with respect to accurately identifying and
                    predicting future crash risk for motor carriers;
                        (C) the relative value of inspection information and
                    roadside enforcement data;
                        (D) any data collection gaps or data sufficiency
                    problems that may exist and the impact of those gaps and
                    problems on the efficacy of the CSA program;
                        (E) the accuracy of safety data, including the use
                    of crash data from crashes in which a motor carrier was
                    free from fault;
                        (F) whether BASIC percentiles for motor carriers of
                    passengers should be calculated separately from motor
                    carriers of freight;
                        (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

    [[Page 129 STAT. 1539]]

                        (C) the recommendations and findings of the
                    Comptroller General of the United States and the
                    Inspector General of the Department, and independent
                    review team reports, issued before the date of enactment
                    of this Act.

        (c) Report.--Not later than 18 months after the date of enactment of
    this Act, the Administrator shall--
                (1) submit a report containing the results of the study
            commissioned pursuant to subsection (a) to--
                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate;
                        (B) the Committee on Transportation and
                    Infrastructure of the House of Representatives; and
                        (C) the Inspector General of the Department; and
                (2) publish the report on a publicly accessible Internet Web
            site of the Department.

        (d) Corrective Action Plan.--
                (1) In general.--Not later than 120 days after the
            Administrator submits the report under subsection (c), if that
            report identifies a deficiency or opportunity for improvement in
            the CSA program or in any element of the SMS, the Administrator
            shall submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives a corrective
            action plan that--
                        (A) responds to the deficiencies or opportunities
                    identified by the report;
                        (B) identifies how the Federal Motor Carrier Safety
                    Administration will address such deficiencies or
                    opportunities; and
                        (C) provides an estimate of the cost, including with
                    respect to changes in staffing, enforcement, and data
                    collection, necessary to address such deficiencies or
                    opportunities.
                (2) Program reforms.--The corrective action plan submitted
            under paragraph (1) shall include an implementation plan that--
                        (A) includes benchmarks;
                        (B) includes programmatic reforms, revisions to
                    regulations, or proposals for legislation; and
                        (C) shall be considered in any rulemaking by the
                    Department that relates to the CSA program, including
                    the SMS or data analysis under the SMS.

        (e) Inspector General Review.--Not later than 120 days after the
    Administrator submits a corrective action plan under subsection (d), the
    Inspector General of the Department shall--
                (1) review the extent to which such plan addresses--
                        (A) recommendations contained in the report
                    submitted under subsection (c); and
                        (B) relevant recommendations issued by the
                    Comptroller General or the Inspector General before the
                    date of enactment of this Act; and
                (2) submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives a report on
            the responsiveness of the corrective action plan to the
            recommendations described in paragraph (1).

    [[Page 129 STAT. 1540]]

    SEC. 5222. <<NOTE: 49 USC 31100 note.>> BEYOND COMPLIANCE.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Administrator shall allow recognition,
    including credit or an improved SMS percentile, for a motor carrier
    that--
                (1) installs advanced safety equipment;
                (2) uses enhanced driver fitness measures;
                (3) adopts fleet safety management tools, technologies, and
            programs; or
                (4) satisfies other standards determined appropriate by the
            Administrator.

        (b) Implementation.--The Administrator shall carry out subsection
    (a) by--
                (1) incorporating a methodology into the CSA program; or
                (2) establishing a safety BASIC in the SMS.

        (c) Process.--
                (1) In general.--The Administrator, after providing notice
            and an opportunity for comment, shall develop a process for
            identifying and reviewing advanced safety equipment, enhanced
            driver fitness measures, fleet safety management tools,
            technologies, and programs, and other standards for use by motor
            carriers to receive recognition, including credit or an improved
            SMS percentile, for purposes of subsection (a).
                (2) Contents.--A process developed under paragraph (1)
            shall--
                        (A) provide for a petition process for reviewing
                    advanced safety equipment, enhanced driver fitness
                    measures, fleet safety management tools, technologies,
                    and programs, and other standards; and
                        (B) seek input and participation from industry
                    stakeholders, including commercial motor vehicle
                    drivers, technology manufacturers, vehicle
                    manufacturers, motor carriers, law enforcement, safety
                    advocates, and the Motor Carrier Safety Advisory
                    Committee.

        (d) Qualification.--The Administrator, after providing notice and an
    opportunity for comment, shall develop technical or other performance
    standards with respect to advanced safety equipment, enhanced driver
    fitness measures, fleet safety management tools, technologies, and
    programs, and other standards for purposes of subsection (a).
        (e) Monitoring.--The Administrator may authorize qualified entities
    to monitor motor carriers that receive recognition, including credit or
    an improved SMS percentile, under this section through a no-cost
    contract structure.
        (f) Dissemination of Information.--The Administrator shall maintain
    on a publicly accessible Internet Web site of the Department information
    on--
                (1) the advanced safety equipment, enhanced driver fitness
            measures, fleet safety management tools, technologies, and
            programs, and other standards eligible for recognition,
            including credit or an improved SMS percentile;
                (2) any petitions for review of advanced safety equipment,
            enhanced driver fitness measures, fleet safety management tools,
            technologies, and programs, and other standards; and
                (3) any relevant statistics relating to the use of advanced
            safety equipment, enhanced driver fitness measures, fleet safety

    [[Page 129 STAT. 1541]]

            management tools, technologies, and programs, and other
            standards.

        (g) Report.--Not later than 3 years after the date of enactment of
    this Act, the Administrator shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate a
    report on the--
                (1) number of motor carriers receiving recognition,
            including credit or an improved SMS percentile, under this
            section; and
                (2) safety performance of such carriers.
    SEC. 5223. <<NOTE: 49 USC 31100 note.>> DATA CERTIFICATION.

        (a) In General.--On and after the date that is 1 day after the date
    of enactment of this Act, no information regarding analysis of
    violations, crashes in which a determination is made that the motor
    carrier or the commercial motor vehicle driver is not at fault, alerts,
    or the relative percentile for each BASIC developed under the CSA
    program may be made available to the general public until the Inspector
    General of the Department certifies that--
                (1) the report required under section 5221(c) has been
            submitted in accordance with that section;
                (2) any deficiencies identified in the report required under
            section 5221(c) have been addressed;
                (3) if applicable, the corrective action plan under section
            5221(d) has been implemented;
                (4) the Administrator of the Federal Motor Carrier Safety
            Administration has fully implemented or satisfactorily addressed
            the issues raised in the report titled ``Modifying the
            Compliance, Safety, Accountability Program Would Improve the
            Ability to Identify High Risk Carriers'' of the Government
            Accountability Office and dated February 2014 (GAO-14-114); and
                (5) the Secretary has initiated modification of the CSA
            program in accordance with section 5222.

        (b) Limitation on the Use of CSA Analysis.--Information regarding
    alerts and the relative percentile for each BASIC developed under the
    CSA program may not be used for safety fitness determinations until the
    Inspector General of the Department makes the certification under
    subsection (a).
        (c) Continued Public Availability of Data.--Notwithstanding any
    other provision of this section, inspection and violation information
    submitted to the Federal Motor Carrier Safety Administration by
    commercial motor vehicle inspectors and qualified law enforcement
    officials, out-of-service rates, and absolute measures shall remain
    available to the public.
        (d) Exceptions.--
                (1) In general.--Notwithstanding any other provision of this
            section--
                        (A) the Federal Motor Carrier Safety Administration
                    and State and local commercial motor vehicle enforcement
                    agencies may use the information referred to in
                    subsection (a) for purposes of investigation and
                    enforcement prioritization;
                        (B) a motor carrier and a commercial motor vehicle
                    driver may access information referred to in subsection

    [[Page 129 STAT. 1542]]

                    (a) that relates directly to the motor carrier or
                    driver, respectively; and
                        (C) a data analysis of motorcoach operators may be
                    provided online with a notation indicating that the
                    ratings or alerts listed are not intended to imply any
                    Federal safety rating of the carrier.
                (2) Notation.--The notation described in paragraph (1)(C)
            shall include the following: ``Readers should not draw
            conclusions about a carrier's overall safety condition simply
            based on the data displayed in this system. Unless a motor
            carrier has received an UNSATISFACTORY safety rating under part
            385 of title 49, Code of Federal Regulations, or has otherwise
            been ordered to discontinue operations by the Federal Motor
            Carrier Safety Administration, it is authorized to operate on
            the Nation's roadways.''.
                (3) Rule of construction.--Nothing in this section may be
            construed to restrict the official use by State enforcement
            agencies of the data collected by State enforcement personnel.
    SEC. 5224. <<NOTE: 49 USC 31100 note.>> DATA IMPROVEMENT.

        (a) Functional Specifications.--The Administrator shall develop
    functional specifications to ensure the consistent and accurate input of
    data into systems and databases relating to the CSA program.
        (b) Functionality.--The functional specifications developed pursuant
    to subsection (a)--
                (1) shall provide for the hardcoding and smart logic
            functionality for roadside inspection data collection systems
            and databases; and
                (2) shall be made available to public and private sector
            developers.

        (c) Effective Data Management.--The Administrator shall ensure that
    internal systems and databases accept and effectively manage data using
    uniform standards.
        (d) Consultation With the States.--Before implementing the
    functional specifications developed pursuant to subsection (a) or the
    standards described in subsection (c), the Administrator shall seek
    input from the State agencies responsible for enforcing section 31102 of
    title 49, United States Code.
    SEC. 5225. ACCIDENT REVIEW.

        (a) In General.--Not later than 1 year after a certification under
    section 5223, the Secretary shall task the Motor Carrier Safety Advisory
    Committee with reviewing the treatment of preventable crashes under the
    SMS.
        (b) Duties.--Not later than 6 months after being tasked under
    subsection (a), the Motor Carrier Safety Advisory Committee shall make
    recommendations to the Secretary on a process to allow motor carriers
    and drivers to request that the Administrator make a determination with
    respect to the preventability of a crash, if such a process has not yet
    been established by the Secretary.
        (c) Report.--The Secretary shall--
                (1) review and consider the recommendations provided by the
            Motor Carrier Safety Advisory Committee; and
                (2) report to Congress on how the Secretary intends to
            address the treatment of preventable crashes.

        (d) Preventable Defined.--In this section, the term ``preventable''
    has the meaning given that term in Appendix B of part

    [[Page 129 STAT. 1543]]

    385 of title 49, Code of Federal Regulations, as in effect on the date
    of enactment of this Act.

                   Subtitle C--Commercial Motor Vehicle Safety

    SEC. 5301. <<NOTE: 49 USC 31136 note.>> WINDSHIELD TECHNOLOGY.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary shall revise the regulations in section
    393.60(e) of title 49, Code of Federal Regulations (relating to the
    prohibition on obstructions to the driver's field of view) to exempt
    from that section the voluntary mounting on a windshield of vehicle
    safety technology likely to achieve a level of safety that is equivalent
    to or greater than the level of safety that would be achieved absent the
    exemption.
        (b) Vehicle Safety Technology Defined.--In this section, the term
    ``vehicle safety technology'' includes a fleet-related incident
    management system, performance or behavior management system, speed
    management system, lane departure warning system, forward collision
    warning or mitigation system, and active cruise control system and any
    other technology that the Secretary considers applicable.
        (c) Rule of Construction.--For purposes of this section, any
    windshield mounted technology with a short term exemption under part 381
    of title 49, Code of Federal Regulations, on the date of enactment of
    this Act, shall be considered likely to achieve a level of safety that
    is equivalent to or greater than the level of safety that would be
    achieved absent an exemption under subsection (a).
    SEC. 5302. <<NOTE: 49 USC 113 note.>> PRIORITIZING STATUTORY
                              RULEMAKINGS.

        The Administrator of the Federal Motor Carrier Safety Administration
    shall prioritize the completion of each outstanding rulemaking required
    by statute before beginning any other rulemaking, unless the Secretary
    determines that there is a significant need for such other rulemaking
    and notifies Congress of such determination.
    SEC. 5303. SAFETY REPORTING SYSTEM.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall submit
    to the Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives a report on the cost and feasibility of establishing a
    self-reporting system for commercial motor vehicle drivers or motor
    carriers with respect to en route equipment failures.
        (b) Contents.--The report required under subsection (a) shall
    include--
                (1) an analysis of--
                        (A) alternatives for the reporting of equipment
                    failures in real time, including an Internet Web site or
                    telephone hotline;
                        (B) the ability of a commercial motor vehicle driver
                    or a motor carrier to provide to the Federal Motor
                    Carrier

    [[Page 129 STAT. 1544]]

                    Safety Administration proof of repair of a self-reported
                    equipment failure;
                        (C) the ability of the Federal Motor Carrier Safety
                    Administration to ensure that self-reported equipment
                    failures proven to be repaired are not used in the
                    calculation of Behavior Analysis and Safety Improvement
                    Category scores;
                        (D) the ability of roadside inspectors to access
                    self-reported equipment failures;
                        (E) the cost to establish and administer a self-
                    reporting system;
                        (F) the ability for a self-reporting system to track
                    individual commercial motor vehicles through unique
                    identifiers; and
                        (G) whether a self-reporting system would yield
                    demonstrable safety benefits;
                (2) an identification of any regulatory or statutory
            impediments to the implementation of a self-reporting system;
            and
                (3) recommendations on implementing a self-reporting system.
    SEC. 5304. NEW ENTRANT SAFETY REVIEW PROGRAM.

        (a) In General.--The Secretary shall conduct an assessment of the
    new operator safety review program under section 31144(g) of title 49,
    United States Code, including the program's effectiveness in reducing
    crashes, fatalities, and injuries involving commercial motor vehicles
    and improving commercial motor vehicle safety.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall publish on a publicly accessible Internet
    Web site of the Department and submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report on the results of the assessment conducted under subsection (a),
    including any recommendations for improving the effectiveness of the
    program (including recommendations for legislative changes).
    SEC. 5305. <<NOTE: 49 USC 31144 note.>> HIGH RISK CARRIER REVIEWS.

        (a) In General.--The Secretary shall ensure that a review is
    completed on each motor carrier that demonstrates through performance
    data that it poses the highest safety risk. At a minimum, a review shall
    be conducted whenever a motor carrier is among the highest risk carriers
    for 4 consecutive months.
        (b) Report.--The Secretary shall post on a public Web site a report
    on the actions the Secretary has taken to comply with this section,
    including the number of high risk carriers identified and the high risk
    carriers reviewed.
        (c) Conforming Amendment.--Section 4138 of SAFETEA-LU (49 U.S.C.
    31144 note), and the item relating to that section in the table of
    contents in section 1(b) of that Act, are repealed.
    SEC. 5306. POST-ACCIDENT REPORT REVIEW.

        (a) In General.--Not later than 120 days after the date of enactment
    of this Act, the Secretary shall convene a working group--
                (1) to review the data elements of post-accident reports,
            for tow-away accidents involving commercial motor vehicles, that
            are reported to the Federal Government; and

    [[Page 129 STAT. 1545]]

                (2) to report to the Secretary its findings and any
            recommendations, including best practices for State post-
            accident reports to achieve the data elements described in
            subsection (c).

        (b) Composition.--Not less than 51 percent of the working group
    should be composed of individuals representing the States or State law
    enforcement officials. The remaining members of the working group shall
    represent industry, labor, safety advocates, and other interested
    parties.
        (c) Considerations.--The working group shall consider requiring
    additional data elements, including--
                (1) the primary cause of the accident, if the primary cause
            can be determined; and
                (2) the physical characteristics of the commercial motor
            vehicle and any other vehicle involved in the accident,
            including--
                        (A) the vehicle configuration;
                        (B) the gross vehicle weight, if the weight can be
                    readily determined;
                        (C) the number of axles; and
                        (D) the distance between axles, if the distance can
                    be readily determined.

        (d) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall--
                (1) review the findings of the working group;
                (2) identify the best practices for State post-accident
            reports that are reported to the Federal Government, including
            identifying the data elements that should be collected following
            a tow-away commercial motor vehicle accident; and
                (3) recommend to the States the adoption of new data
            elements to be collected following reportable commercial motor
            vehicle accidents.

        (e) Termination.--The working group shall terminate not more than
    180 days after the date on which the Secretary makes recommendations
    under subsection (d)(3).
    SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS.

        (a) In General.--For each rulemaking described in subsection (c),
    not later than 30 days after the date of enactment of this Act and every
    180 days thereafter until the rulemaking is complete, the Secretary
    shall submit to the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a written notification that includes--
                (1) for a rulemaking with a statutory deadline--
                        (A) an explanation of why the deadline was not met;
                    and
                        (B) an expected date of completion of the
                    rulemaking; and
                (2) for a rulemaking without a statutory deadline, an
            expected date of completion of the rulemaking.

        (b) Additional Contents.--A notification submitted under subsection
    (a) shall include--
                (1) an updated rulemaking timeline;
                (2) a list of factors causing delays in the completion of
            the rulemaking; and

    [[Page 129 STAT. 1546]]

                (3) any other details associated with the status of the
            rulemaking.

        (c) Rulemakings.--The Secretary shall submit a written notification
    under subsection (a) for each of the following rulemakings:
                (1) The rulemaking required under section 31306a(a)(1) of
            title 49, United States Code.
                (2) The rulemaking required under section 31137(a) of title
            49, United States Code.
                (3) The rulemaking required under section 31305(c) of title
            49, United States Code.
                (4) The rulemaking required under section 31601 of division
            C of MAP-21 (49 U.S.C. 30111 note).
                (5) A rulemaking concerning motor carrier safety fitness
            determinations.
                (6) A rulemaking concerning commercial motor vehicle safety
            required by an Act of Congress enacted on or after August 1,
            2005, and incomplete for more than 2 years.

                  Subtitle D--Commercial Motor Vehicle Drivers

    SEC. 5401. OPPORTUNITIES FOR VETERANS.

        (a) Standards for Training and Testing of Veteran Operators.--
    Section 31305 of title 49, United States Code, is amended by adding at
    the end the following:
        ``(d) Standards for Training and Testing of Veteran Operators.--
                ``(1) In general.--Not later than December 31, 2016, the
            Secretary shall modify the regulations prescribed under
            subsections (a) and (c) to--
                        ``(A) exempt a covered individual from all or a
                    portion of a driving test if the covered individual had
                    experience in the armed forces or reserve components
                    driving vehicles similar to a commercial motor vehicle;
                        ``(B) ensure that a covered individual may apply for
                    an exemption under subparagraph (A) during, at least,
                    the 1-year period beginning on the date on which such
                    individual separates from service in the armed forces or
                    reserve components; and
                        ``(C) credit the training and knowledge a covered
                    individual received in the armed forces or reserve
                    components driving vehicles similar to a commercial
                    motor vehicle for purposes of satisfying minimum
                    standards for training and knowledge.
                ``(2) Definitions.--In this subsection, the following
            definitions apply:
                        ``(A) Armed forces.--The term `armed forces' has the
                    meaning given that term in section 101(a) of title 10.
                        ``(B) Covered individual.--The term `covered
                    individual' means an individual over the age of 21 years
                    who is--
                              ``(i) a former member of the armed forces; or
                              ``(ii) a former member of the reserve
                          components.
                        ``(C) Reserve components.--The term `reserve
                    components' means--

    [[Page 129 STAT. 1547]]

                              ``(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) <<NOTE: 49 USC 31301 note.>> Implementation of Administrative
    Recommendations.--Not later than 1 year after the date of enactment of
    this Act, the Secretary, in consultation with the Secretary of Defense,
    shall implement the recommendations contained in the report submitted
    under section 32308 of MAP-21 (49 U.S.C. 31301 note) that are not
    implemented as a result of the amendment in subsection (a).

        (c) <<NOTE: 49 USC 31311 note.>> Implementation of the Military
    Commercial Driver's License Act.--Not later than December 31, 2015, the
    Secretary shall issue final regulations to implement the exemption to
    the domicile requirement under section 31311(a)(12)(C) of title 49,
    United States Code.

        (d) Conforming Amendment.--Section 31311(a)(12)(C)(ii) of title 49,
    United States Code, is amended to read as follows:
                        ``(ii) is an active duty member of--
                              ``(I) the armed forces (as that term is
                          defined in section 101(a) of title 10); or
                              ``(II) the reserve components (as that term is
                          defined in section 31305(d)(2) of this title);
                          and''.
    SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.

        (a) In General.--Section 31306 of title 49, United States Code, is
    amended--
                (1) in subsection (b)(1)--
                        (A) by redesignating subparagraph (B) as
                    subparagraph (C);
                        (B) in subparagraph (A) by striking ``The
                    regulations shall permit such motor carriers to conduct
                    preemployment testing of such employees for the use of
                    alcohol.''; and
                        (C) by inserting after subparagraph (A) the
                    following:

        ``(B) The regulations prescribed under subparagraph (A) shall permit
    motor carriers--
                ``(i) to conduct preemployment testing of commercial motor
            vehicle operators for the use of alcohol; and
                ``(ii) to use hair testing as an acceptable alternative to
            urine testing--
                        ``(I) in conducting preemployment testing for the
                    use of a controlled substance; and
                        ``(II) in conducting random testing for the use of a
                    controlled substance if the operator was subject to hair
                    testing for preemployment testing.'';
                (2) in subsection (b)(2)--
                        (A) in subparagraph (A) by striking ``and'' at the
                    end;
                        (B) in subparagraph (B) by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(C) shall provide an exemption from hair testing for
            commercial motor vehicle operators with established religious
            beliefs that prohibit the cutting or removal of hair.''; and
                (3) in subsection (c)(2)--

    [[Page 129 STAT. 1548]]

                        (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) <<NOTE: 49 USC 31306 note.>> 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. <<NOTE: 49 USC 31149 note.>> MEDICAL CERTIFICATION OF
                              VETERANS FOR COMMERCIAL DRIVER'S
                              LICENSES.

        (a) In General.--In the case of a physician-approved veteran
    operator, the qualified physician of such operator may, subject to the
    requirements of subsection (b), perform a medical examination and
    provide a medical certificate for purposes of compliance with the
    requirements of section 31149 of title 49, United States Code.
        (b) Certification.--The certification described under subsection (a)
    shall include--
                (1) assurances that the physician performing the medical
            examination meets the requirements of a qualified physician
            under this section; and
                (2) certification that the physical condition of the
            operator is adequate to enable such operator to operate a
            commercial motor vehicle safely.

        (c) National Registry of Medical Examiners.--The Secretary, in
    consultation with the Secretary of Veterans Affairs, shall develop a
    process for qualified physicians to perform a medical examination and
    provide a medical certificate under subsection (a) and include such
    physicians on the national registry of medical examiners established
    under section 31149(d) of title 49, United States Code.
        (d) Definitions.--In this section, the following definitions apply:
                (1) Physician-approved veteran operator.--The term
            ``physician-approved veteran operator'' means an operator of a
            commercial motor vehicle who--
                        (A) is a veteran who is enrolled in the health care
                    system established under section 1705(a) of title 38,
                    United States Code; and
                        (B) is required to have a current valid medical
                    certificate pursuant to section 31149 of title 49,
                    United States Code.
                (2) Qualified physician.--The term ``qualified physician''
            means a physician who--
                        (A) is employed in the Department of Veterans
                    Affairs;
                        (B) is familiar with the standards for, and physical
                    requirements of, an operator certified pursuant to
                    section 31149 of title 49, United States Code; and

    [[Page 129 STAT. 1549]]

                        (C) has never, with respect to such section, been
                    found to have acted fraudulently, including by
                    fraudulently awarding a medical certificate.
                (3) Veteran.--The term ``veteran'' has the meaning given the
            term in section 101 of title 38, United States Code.

        (e) Statutory Construction.--Nothing in this section shall be
    construed to change any statutory penalty associated with fraud or
    abuse.
    SEC. 5404. <<NOTE: 49 USC 31315 note.>> COMMERCIAL DRIVER PILOT
                              PROGRAM.

        (a) In General.--The Secretary shall establish a pilot program under
    section 31315(c) of title 49, United States Code, to study the
    feasibility, benefits, and safety impacts of allowing a covered driver
    to operate a commercial motor vehicle in interstate commerce.
        (b) Data Collection.--The Secretary shall collect and analyze data
    relating to accidents in which--
                (1) a covered driver participating in the pilot program is
            involved; and
                (2) a driver under the age of 21 operating a commercial
            motor vehicle in intrastate commerce is involved.

        (c) Limitations.--A driver participating in the pilot program may
    not--
                (1) transport--
                        (A) passengers; or
                        (B) hazardous cargo; or
                (2) operate a vehicle in special configuration.

        (d) Working Group.--
                (1) Establishment.--The Secretary shall conduct, monitor,
            and evaluate the pilot program in consultation with a working
            group to be established by the Secretary consisting of
            representatives of the armed forces, industry, drivers, safety
            advocacy organizations, and State licensing and enforcement
            officials.
                (2) Duties.--The working group shall review the data
            collected under subsection (b) and provide recommendations to
            the Secretary on the feasibility, benefits, and safety impacts
            of allowing a covered driver to operate a commercial motor
            vehicle in interstate commerce.

        (e) Report.--Not later than 1 year after the date on which the pilot
    program is concluded, the Secretary shall submit to Congress a report
    describing the findings of the pilot program and the recommendations of
    the working group.
        (f) Definitions.--In this section, the following definitions apply:
                (1) Accident.--The term ``accident'' has the meaning given
            that term in section 390.5 of title 49, Code of Federal
            Regulations, as in effect on the date of enactment of this Act.
                (2) Armed forces.--The term ``armed forces'' has the meaning
            given that term in section 101(a) of title 10, United States
            Code.
                (3) Commercial motor vehicle.--The term ``commercial motor
            vehicle'' has the meaning given that term in section 31301 of
            title 49, United States Code.
                (4) Covered driver.--The term ``covered driver'' means an
            individual who is--
                        (A) between the ages of 18 and 21;
                        (B) a member or former member of the--
                              (i) armed forces; or

    [[Page 129 STAT. 1550]]

                              (ii) reserve components (as defined in section
                          31305(d)(2) of title 49, United States Code, as
                          added by this Act); and
                        (C) qualified in a Military Occupational Specialty
                    to operate a commercial motor vehicle or similar
                    vehicle.

                         Subtitle E--General Provisions

    SEC. 5501. DELAYS IN GOODS MOVEMENT.

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

        (b) <<NOTE: 49 USC 14103 note.>> Collection of Data.--Not later than
    2 years after the date of enactment of this Act, the Secretary shall
    establish by regulation a process to collect data on delays experienced
    by operators of commercial motor vehicles before the loading and
    unloading of such vehicles and at other points in the pick-up and
    delivery process.
    SEC. 5502. EMERGENCY ROUTE WORKING GROUP.

        (a) In General.--
                (1) Establishment.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall establish a working
            group to determine best practices for expeditious State approval
            of special permits for vehicles involved in emergency response
            and recovery.
                (2) Members.--The working group shall include
            representatives from--
                        (A) State highway transportation departments or
                    agencies;
                        (B) relevant modal agencies within the Department;
                        (C) emergency response or recovery experts;
                        (D) relevant safety groups; and
                        (E) entities affected by special permit restrictions
                    during emergency response and recovery efforts.

        (b) Considerations.--In determining best practices under subsection
    (a), the working group shall consider whether--

    [[Page 129 STAT. 1551]]

                (1) impediments currently exist that prevent expeditious
            State approval of special permits for vehicles involved in
            emergency response and recovery;
                (2) it is possible to pre-identify and establish emergency
            routes between States through which infrastructure repair
            materials could be delivered following a natural disaster or
            emergency;
                (3) a State could pre-designate an emergency route
            identified under paragraph (2) as a certified emergency route if
            a motor vehicle that exceeds the otherwise applicable Federal
            and State truck length or width limits may safely operate along
            such route during periods of declared emergency and recovery
            from such periods; and
                (4) an online map could be created to identify each pre-
            designated emergency route under paragraph (3), including
            information on specific limitations, obligations, and
            notification requirements along that route.

        (c) Report.--
                (1)  Submission.--Not later than 1 year after the date of
            enactment of this Act, the working group shall submit to the
            Secretary a report on its findings under this section and any
            recommendations for the implementation of best practices for
            expeditious State approval of special permits for vehicles
            involved in emergency response and recovery.
                (2) Publication.--Not later than 30 days after the date the
            Secretary receives the report under paragraph (1), the Secretary
            shall publish the report on a publicly accessible Internet Web
            site of the Department.

        (d) Notification.--Not later than 6 months after the date the
    Secretary receives the report under subsection (c)(1), the Secretary
    shall notify the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate on the actions the Secretary and the States
    have taken to implement the recommendations included in the report.
        (e) Termination.--The working group shall terminate 1 year after the
    date the Secretary receives the report under subsection (c)(1).
    SEC. 5503. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING GROUP.

        (a) Working Group.--The Secretary shall establish a working group
    for the purpose of developing recommendations on how to best convey to
    consumers relevant information with respect to the Federal laws
    concerning the interstate transportation of household goods by motor
    carrier.
        (b) Membership.--The Secretary shall ensure that the working group
    is comprised of individuals with expertise in consumer affairs,
    educators with expertise in how people learn most effectively, and
    representatives of the household goods moving industry.
        (c) Recommendations.--
                (1) Contents.--The recommendations developed by the working
            group shall include recommendations on--
                        (A) condensing publication ESA 03005 of the Federal
                    Motor Carrier Safety Administration into a format that
                    is more easily used by consumers;

    [[Page 129 STAT. 1552]]

                        (B) using state-of-the-art education techniques and
                    technologies, including optimizing the use of the
                    Internet as an educational tool; and
                        (C) reducing and simplifying the paperwork required
                    of motor carriers and shippers in interstate
                    transportation.
                (2) Deadline.--Not later than 1 year after the date of
            enactment of this Act--
                        (A) the working group shall make the recommendations
                    described in paragraph (1); and
                        (B) the Secretary shall publish the recommendations
                    on a publicly accessible Internet Web site of the
                    Department.

        (d) Report.--Not later than 1 year after the date on which the
    working group makes its recommendations under subsection (c)(2), the
    Secretary shall issue a report to Congress on the implementation of such
    recommendations.
        (e) Termination.--The working group shall terminate 1 year after the
    date the working group makes its recommendations under subsection
    (c)(2).
    SEC. 5504. TECHNOLOGY IMPROVEMENTS.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Comptroller General of the United States
    shall conduct a comprehensive analysis of the information technology and
    data collection and management systems of the Federal Motor Carrier
    Safety Administration.
        (b) Requirements.--The study conducted under subsection (a) shall--
                (1) evaluate the efficacy of the existing information
            technology, data collection, processing systems, data correction
            procedures, and data management systems and programs, including
            their interaction with each other and their efficacy in meeting
            user needs;
                (2) identify any redundancies among the systems, procedures,
            and programs described in paragraph (1);
                (3) explore the feasibility of consolidating data collection
            and processing systems;
                (4) evaluate the ability of the systems, procedures, and
            programs described in paragraph (1) to meet the needs of--
                        (A) the Federal Motor Carrier Safety Administration,
                    at both the headquarters and State levels;
                        (B) the State agencies that implement the motor
                    carrier safety assistance program under section 31102 of
                    title 49, United States Code; and
                        (C) other users;
                (5) evaluate the adaptability of the systems, procedures,
            and programs described in paragraph (1), in order to make
            necessary future changes to ensure user needs are met in an
            easier, timely, and more cost-efficient manner;
                (6) investigate and make recommendations regarding--
                        (A) deficiencies in existing data sets impacting
                    program effectiveness; and
                        (B) methods to improve user interfaces; and
                (7) identify the appropriate role the Federal Motor Carrier
            Safety Administration should take with respect to software and
            information systems design, development, and maintenance

    [[Page 129 STAT. 1553]]

            for the purpose of improving the efficacy of the systems,
            procedures, and programs described in paragraph (1).
    SEC. 5505. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION.

        Not later than 30 days after the date of enactment of this Act, the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate written notification
    of the actions the Secretary is taking to ensure, to the greatest extent
    practicable, that each application for registration under section 13902
    of title 49, United States Code, is processed not later than 30 days
    after the date on which the application is received by the Secretary.
    SEC. 5506. <<NOTE: 49 USC 31305 note.>> REPORT ON COMMERCIAL
                              DRIVER'S LICENSE SKILLS TEST DELAYS.

        Not later than 18 months after the date of enactment of this Act,
    and each year thereafter, the Administrator of the Federal Motor Carrier
    Safety Administration shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that--
                (1) describes, for each State, the status of skills testing
            for applicants for a commercial driver's license, including--
                        (A) the average wait time from the date an applicant
                    requests to take a skills test to the date the applicant
                    has the opportunity to complete such test;
                        (B) the average wait time from the date an
                    applicant, upon failure of a skills test, requests a
                    retest to the date the applicant has the opportunity to
                    complete such retest;
                        (C) the actual number of qualified commercial
                    driver's license examiners available to test applicants;
                    and
                        (D) the number of testing sites available through
                    the State department of motor vehicles and whether this
                    number has increased or decreased from the previous
                    year; and
                (2) describes specific steps that the Administrator is
            taking to address skills testing delays in States that have
            average skills test or retest wait times of more than 7 days
            from the date an applicant requests to test or retest to the
            date the applicant has the opportunity to complete such test or
            retest.
    SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS.

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

    [[Page 129 STAT. 1554]]

    SEC. 5508. TECHNICAL CORRECTIONS.

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

        (b) <<NOTE: 49 USC 14901 note.>> 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) <<NOTE: 49 USC
            14901.>> is amended by inserting ``for'' before ``each
            additional day'' in the matter proposed to be struck.
                (2) Section 32301(b)(3) (126 Stat. 786) <<NOTE: 49 USC
            31137.>> 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) <<NOTE: 49 USC
            31149 note.>> is amended by striking ``section 32303(c)(1)'' and
            inserting ``section 32302(c)(1)''
                (4) Section 32921(b) (126 Stat. 828) <<NOTE: 49 USC
            31144.>> 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) <<NOTE: 49 USC
            31307.>> is amended--
                        (A) by striking ``Secretary'' and inserting
                    ``Secretary of Transportation'' in the matter to be
                    struck; and
                        (B) by striking ``Secretary'' and inserting
                    ``Secretary of Transportation'' in the matter to be
                    inserted.

        (c) Motor Carrier Safety Improvement Act of 1999.--Section 229(a)(1)
    of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136
    note) is amended by inserting ``of title 49, United States Code,'' after
    ``sections 31136 and 31502''.
    SEC. 5509. <<NOTE: 49 USC 31138 note.>> 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;

    [[Page 129 STAT. 1555]]

                (2) the ability of the insurance industry to provide the
            required amount of insurance;
                (3) the extent to which current minimum levels of financial
            responsibility adequately cover--
                        (A) medical care;
                        (B) compensation; and
                        (C) other identifiable costs;
                (4) the frequency with which insurance claims exceed current
            minimum levels of financial responsibility in fatal accidents;
            and
                (5) the impact of increased levels on motor carrier safety
            and accident reduction.

        (b) Transporting Passengers.--
                (1) In general.--Prior to initiating a rulemaking to change
            the minimum levels of financial responsibility under section
            31138 of title 49, United States Code, the Secretary shall
            complete a study specific to the minimum financial
            responsibility requirements for motor carriers of passengers.
                (2) Study contents.--A study under paragraph (1) shall
            include, to the extent practicable--
                        (A) a review of accidents, injuries, and fatalities
                    in the over-the-road bus and school bus industries;
                        (B) a review of insurance held by over-the-road bus
                    and public and private school bus companies, including
                    companies of various sizes, and an analysis of whether
                    such insurance is adequate to cover claims;
                        (C) an analysis of whether and how insurance affects
                    the behavior and safety record of motor carriers of
                    passengers, including with respect to crash reduction;
                    and
                        (D) an analysis of the anticipated impacts of an
                    increase in financial responsibility on insurance
                    premiums for passenger carriers and service
                    availability.
                (3) Consultation.--In conducting a study under paragraph
            (1), the Secretary shall consult with--
                        (A) representatives of the over-the-road bus and
                    private school bus transportation industries, including
                    representatives of bus drivers; and
                        (B) insurers of motor carriers of passengers.
                (4) Report.--If the Secretary undertakes a study under
            paragraph (1), the Secretary shall submit to the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Commerce, Science, and
            Transportation of the Senate a report on the results of the
            study.
    SEC. 5510. SAFETY STUDY REGARDING DOUBLE-DECKER MOTORCOACHES.

        (a) Study.--The Secretary, in consultation with State transportation
    safety and law enforcement officials, shall conduct a study regarding
    the safety operations, fire suppression capability, tire loads, and
    pavement impacts of operating a double-decker motorcoach equipped with a
    device designed by the motorcoach manufacturer to attach to the rear of
    the motorcoach for use in transporting passenger baggage.
        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit a report containing the results of
    the study to--

    [[Page 129 STAT. 1556]]

                (1) the Committee on Transportation and Infrastructure of
            the House of Representatives; and
                (2) the Committee on Commerce, Science, and Transportation
            of the Senate.
    SEC. 5511. GAO REVIEW OF SCHOOL BUS SAFETY.

        Not later than 1 year after the date of enactment of this Act, the
    Comptroller General of the United States shall submit to the Committee
    on Commerce, Science, and Transportation of the Senate and the Committee
    on Transportation and Infrastructure of the House of Representatives a
    review of the following:
                (1) Existing Federal and State rules and guidance, as of the
            date of the review, concerning school bus transportation of
            elementary school and secondary school students engaging in
            home-to-school transport or other transport determined by the
            Comptroller General to be a routine part of kindergarten through
            grade 12 education, including regulations and guidance regarding
            driver training programs, capacity requirements, programs for
            special needs students, inspection standards, vehicle age
            requirements, best practices, and public access to inspection
            results and crash records.
                (2) Any correlation between public or private school bus
            fleet operators whose vehicles are involved in an accident as
            defined by section 390.5 of title 49, Code of Federal
            Regulations, and each of the following:
                        (A) A failure by those same operators of State or
                    local safety inspections.
                        (B) The average age or odometer readings of the
                    school buses in the fleets of such operators.
                        (C) Violations of Federal laws administered by the
                    Department of Transportation, or of State law
                    equivalents of such laws.
                        (D) Violations of State or local law relating to
                    illegal passing of a school bus.
                (3) A regulatory framework comparison of public and private
            school bus operations.
                (4) Expert recommendations on best practices for safe and
            reliable school bus transportation, including driver training
            programs, inspection standards, school bus age and odometer
            reading maximums for retirement, the percentage of buses in a
            local bus fleet needed as spare buses, and capacity levels per
            school bus for different age groups.
    SEC. 5512. ACCESS TO NATIONAL DRIVER REGISTER.

        Section 30305(b) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(13) The Administrator of the Federal Motor Carrier Safety
            Administration may request the chief driver licensing official
            of a State to provide information under subsection (a) of this
            section about an individual in connection with a safety
            investigation under the Administrator's jurisdiction.''.
    SEC. 5513. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS
                              ROADSIDE INSPECTION SYSTEMS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of

    [[Page 129 STAT. 1557]]

    Representatives a report regarding the design, development, testing, and
    implementation of wireless roadside inspection systems.
        (b) Elements.--The report required under subsection (a) shall
    include a determination as to whether Federal wireless roadside
    inspection systems--
                (1) conflict with existing electronic screening systems, or
            create capabilities already available;
                (2) require additional statutory authority to incorporate
            generated inspection data into the safety measurement system or
            the safety fitness determinations program; and
                (3) provide appropriate restrictions to specifically address
            privacy concerns of affected motor carriers and operators.
    SEC. 5514. REGULATION OF TOW TRUCK OPERATIONS.

        Section 14501(c)(2)(C) of title 49, United States Code, is amended
    by striking ``the price of'' and all that follows through
    ``transportation is'' and inserting ``the regulation of tow truck
    operations''.
    SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING.

        (a) Effects of Commuting.--The Administrator of the Federal Motor
    Carrier Safety Administration shall conduct a study on the safety
    effects of motor carrier operator commutes exceeding 150 minutes.
        (b) Report.--Not later than 18 months after the date of enactment of
    this Act, the Administrator shall submit to Congress a report containing
    the findings under the study.
    SEC. 5516. ADDITIONAL STATE AUTHORITY.

        Notwithstanding any other provision of law, South Dakota shall be
    provided the opportunity to update and revise the routes designated as
    qualifying Federal-aid Primary System highways under section 31111(e) of
    title 49, United States Code, as long as the update shifts routes to
    divided highways or does not increase centerline miles by more than 5
    percent and is expected to increase safety performance.
    SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.

        (a) In General.--Not later than January 1, 2017, the Secretary shall
    publish on a publicly accessible Internet Web site of the Department a
    report on the minimum levels of financial responsibility required under
    section 31139 of title 49, United States Code.
        (b) Contents.--The report required under subsection (a) shall
    include, to the extent practicable, an analysis of--
                (1) the differences between State insurance requirements and
            Federal requirements;
                (2) the extent to which current minimum levels of financial
            responsibility adequately cover--
                        (A) medical care;
                        (B) compensation; and
                        (C) other identifiable costs; and
                (3) the frequency with which insurance claims exceed the
            current minimum levels of financial responsibility.

    [[Page 129 STAT. 1558]]

    SEC. 5518. COVERED FARM VEHICLES.

        Section 32934(b)(1) of MAP-21 (49 U.S.C. 31136 note) is amended by
    striking ``from'' and all that follows through the period at end and
    inserting the following: ``from--
                        ``(A) a requirement described in subsection (a) or a
                    compatible State requirement; or
                        ``(B) any other minimum standard provided by a State
                    relating to the operation of that vehicle.''.
    SEC. 5519. <<NOTE: 49 USC 31136 note.>> 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) Hi-Rail Vehicle Defined.--In this section, the term ``hi-rail
    vehicle'' means an internal rail flaw detection vehicle equipped with
    flange hi-rails.
    SEC. 5520. AUTOMOBILE TRANSPORTER.

        (a) Automobile Transporter Defined.--Section 31111(a)(1) of title
    49, United States Code, is amended--
                (1) by striking ``specifically''; and
                (2) by adding at the end the following: ``An automobile
            transporter shall not be prohibited from the transport of cargo
            or general freight on a backhaul, so long as it complies with
            weight limitations for a truck tractor and semitrailer
            combination.''.

        (b) Truck Tractor Defined.--Section 31111(a)(3)(B) of title 49,
    United States Code, is amended--
                (1) by striking ``only''; and
                (2) by inserting before the period at the end the following:
            ``or any other commodity, including cargo or general freight on
            a backhaul''.

        (c) Backhaul Defined.--Section 31111(a) of title 49, United States
    Code, is amended by adding at the end the following:
                ``(5) Backhaul.--The term `backhaul' means the return trip
            of a vehicle transporting cargo or general freight, especially
            when carrying goods back over all or part of the same route.''.

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

    [[Page 129 STAT. 1559]]

    SEC. 5521. READY MIX CONCRETE DELIVERY VEHICLES.

        Section 31502 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(f) Ready Mixed Concrete Delivery Vehicles.--
                ``(1) In general.--Notwithstanding any other provision of
            law, regulations issued under this section or section 31136
            (including section 395.1(e)(1)(ii) of title 49, Code of Federal
            Regulations) regarding reporting, recordkeeping, or
            documentation of duty status shall not apply to any driver of a
            ready mixed concrete delivery vehicle if--
                        ``(A) the driver operates within a 100 air-mile
                    radius of the normal work reporting location;
                        ``(B) the driver returns to the work reporting
                    location and is released from work within 14 consecutive
                    hours;
                        ``(C) the driver has at least 10 consecutive hours
                    off duty following each 14 hours on duty;
                        ``(D) the driver does not exceed 11 hours maximum
                    driving time following 10 consecutive hours off duty;
                    and
                        ``(E) the motor carrier that employs the driver
                    maintains and retains for a period of 6 months accurate
                    and true time records that show--
                              ``(i) the time the driver reports for duty
                          each day;
                              ``(ii) the total number of hours the driver is
                          on duty each day;
                              ``(iii) the time the driver is released from
                          duty each day; and
                              ``(iv) the total time for the preceding
                          driving week the driver is used for the first time
                          or intermittently.
                ``(2) Definition.--In this section, the term `driver of a
            ready mixed concrete delivery vehicle' means a driver of a
            vehicle designed to deliver ready mixed concrete on a daily
            basis and is equipped with a mechanism under which the vehicle's
            propulsion engine provides the power to operate a mixer drum to
            agitate and mix the product en route to the delivery site.''.
    SEC. 5522. TRANSPORTATION OF CONSTRUCTION MATERIALS AND EQUIPMENT.

        Section 229(e)(4) of the Motor Carrier Safety Improvement Act of
    1999 (49 U.S.C. 31136 note) is amended--
                (1) by striking ``50 air mile radius'' and inserting ``75
            air mile radius''; and
                (2) by striking ``the driver.'' and inserting ``the driver,
            except that a State, upon notice to the Secretary, may establish
            a different air mile radius limitation for purposes of this
            paragraph if such limitation is between 50 and 75 air miles and
            applies only to movements that take place entirely within the
            State.''.
    SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY TRAILERS.

        (a) Definitions.--Section 31111(a) of title 49, United States Code,
    is amended by adding at the end the following:
                ``(6) Trailer transporter towing unit.--The term `trailer
            transporter towing unit' means a power unit that is not used to
            carry property when operating in a towaway trailer transporter
            combination.

    [[Page 129 STAT. 1560]]

                ``(7) Towaway trailer transporter combination.--The term
            `towaway trailer transporter combination' means a combination of
            vehicles consisting of a trailer transporter towing unit and 2
            trailers or semitrailers--
                        ``(A) with a total weight that does not exceed
                    26,000 pounds; and
                        ``(B) in which the trailers or semitrailers carry no
                    property and constitute inventory property of a
                    manufacturer, distributor, or dealer of such trailers or
                    semitrailers.''.

        (b) General Limitations.--Section 31111(b)(1) of such title is
    amended by adding at the end the following:
                ``(H) has the effect of imposing an overall length
            limitation of less than 82 feet on a towaway trailer transporter
            combination.''.

        (c) Conforming Amendments.--
                (1) Property-carrying unit limitation.--Section 31112(a)(1)
            of such title is amended by inserting before the period at the
            end the following: ``, but not including a trailer or a
            semitrailer transported as part of a towaway trailer transporter
            combination (as defined in section 31111(a))''.
                (2) Access to interstate system.--Section 31114(a)(2) of
            such title is amended by inserting ``any towaway trailer
            transporter combination (as defined in section 31111(a)),''
            after ``passengers,''.
    SEC. 5524. <<NOTE: 49 USC 31136 note.>> EXEMPTIONS FROM
                              REQUIREMENTS FOR CERTAIN WELDING TRUCKS
                              USED IN PIPELINE INDUSTRY.

        (a) Covered Motor Vehicle Defined.--In this section, the term
    ``covered motor vehicle'' means a motor vehicle that--
                (1) is traveling in the State in which the vehicle is
            registered or another State;
                (2) is owned by a welder;
                (3) is a pick-up style truck;
                (4) is equipped with a welding rig that is used in the
            construction or maintenance of pipelines; and
                (5) has a gross vehicle weight and combination weight rating
            and weight of 15,000 pounds or less.

        (b) Federal Requirements.--A covered motor vehicle, including the
    individual operating such vehicle and the employer of such individual,
    shall be exempt from the following:
                (1) Any requirement relating to registration as a motor
            carrier, including the requirement to obtain and display a
            Department of Transportation number, established under chapters
            139 and 311 of title 49, United States Code.
                (2) Any requirement relating to driver qualifications
            established under chapter 311 of title 49, United States Code.
                (3) Any requirement relating to driving of commercial motor
            vehicles established under chapter 311 of title 49, United
            States Code.
                (4) Any requirement relating to parts and accessories and
            inspection, repair, and maintenance of commercial motor vehicles
            established under chapter 311 of title 49, United States Code.
                (5) Any requirement relating to hours of service of drivers,
            including maximum driving and on duty time, established under
            chapter 315 of title 49, United States Code.

    [[Page 129 STAT. 1561]]

    SEC. 5525. REPORT.

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

    TITLE VI-- <<NOTE: Transportation for Tomorrow Act of 2015.>> INNOVATION
    SEC. 6001. <<NOTE: 23 USC 101 note.>> SHORT TITLE.

        This title may be cited as the ``Transportation for Tomorrow Act of
    2015''.
    SEC. 6002. <<NOTE: 23 USC 501 note.>> AUTHORIZATION OF
                              APPROPRIATIONS.

        (a) In General.--The following amounts are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
                (1) Highway research and development program.--To carry out
            section 503(b) of title 23, United States Code, $125,000,000 for
            each of fiscal years 2016 through 2020.
                (2) Technology and innovation deployment program.--To carry
            out section 503(c) of title 23, United States Code--
                        (A) $67,000,000 for fiscal year 2016;
                        (B) $67,500,000 for fiscal year 2017;
                        (C) $67,500,000 for fiscal year 2018;
                        (D) $67,500,000 for fiscal year 2019; and
                        (E) $67,500,000 for fiscal year 2020.
                (3) Training and education.--To carry out section 504 of
            title 23, United States Code, $24,000,000 for each of fiscal
            years 2016 through 2020.
                (4) Intelligent transportation systems program.--To carry
            out sections 512 through 518 of title 23, United States Code,
            $100,000,000 for each of fiscal years 2016 through 2020.
                (5) University transportation centers program.--To carry out
            section 5505 of title 49, United States Code--
                        (A) $72,500,000 for fiscal year 2016;
                        (B) $75,000,000 for fiscal year 2017;
                        (C) $75,000,000 for fiscal year 2018;
                        (D) $77,500,000 for fiscal year 2019; and
                        (E) $77,500,000 for fiscal year 2020.
                (6) Bureau of transportation statistics.--To carry out
            chapter 63 of title 49, United States Code, $26,000,000 for each
            of fiscal years 2016 through 2020.

        (b) Administration.--The Federal Highway Administration shall--
                (1) administer the programs described in paragraphs (1),
            (2), and (3) of subsection (a); and
                (2) in consultation with relevant modal administrations,
            administer the programs described in subsection (a)(4).

    [[Page 129 STAT. 1562]]

        (c) Applicability of Title 23, United States Code.--Funds authorized
    to be appropriated by subsection (a) shall--
                (1) be available for obligation in the same manner as if
            those funds were apportioned under chapter 1 of title 23, United
            States Code, except that the Federal share of the cost of a
            project or activity carried out using those funds shall be 80
            percent, unless otherwise expressly provided by this Act
            (including the amendments by this Act) or otherwise determined
            by the Secretary; and
                (2) remain available until expended and not be transferable,
            except as otherwise provided in this Act.
    SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

        Section 503(c)(3) of title 23, United States Code, is amended--
                (1) in subparagraph (C) by striking ``2013 through 2014''
            and inserting ``2016 through 2020''; and
                (2) by adding at the end the following:
                        ``(D) Publication.--
                              ``(i) In general.--Not less frequently than
                          annually, the Secretary shall issue and make
                          available to the public on an Internet website a
                          report on the cost and benefits from deployment of
                          new technology and innovations that substantially
                          and directly resulted from the program established
                          under this paragraph.
                              ``(ii) Inclusions.--The report under clause
                          (i) may include an analysis of--
                                        ``(I) Federal, State, and local cost
                                    savings;
                                        ``(II) project delivery time
                                    improvements;
                                        ``(III) reduced fatalities; and
                                        ``(IV) congestion impacts.''.
    SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT
                              TECHNOLOGIES DEPLOYMENT.

        Section 503(c) of title 23, United States Code, is amended by adding
    at the end the following:
                ``(4) Advanced transportation technologies deployment.--
                        ``(A) In general.--Not later than 6 months after the
                    date of enactment of this paragraph, the Secretary shall
                    establish an advanced transportation and congestion
                    management technologies deployment initiative to provide
                    grants to eligible entities to develop model deployment
                    sites for large scale installation and operation of
                    advanced transportation technologies to improve safety,
                    efficiency, system performance, and infrastructure
                    return on investment.
                        ``(B) Criteria.--The Secretary shall develop
                    criteria for selection of an eligible entity to receive
                    a grant under this paragraph, including how the
                    deployment of technology will--
                              ``(i) reduce costs and improve return on
                          investments, including through the enhanced use of
                          existing transportation capacity;
                              ``(ii) deliver environmental benefits that
                          alleviate congestion and streamline traffic flow;
                              ``(iii) measure and improve the operational
                          performance of the applicable transportation
                          network;

    [[Page 129 STAT. 1563]]

                              ``(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

    [[Page 129 STAT. 1564]]

                          to not less than 5 and not more than 10 eligible
                          entities.
                              ``(ii) Geographic diversity.--In awarding a
                          grant under this paragraph, the Secretary shall
                          ensure, to the extent practicable, that grant
                          recipients represent diverse geographic areas of
                          the United States, including urban and rural
                          areas.
                              ``(iii) Technology diversity.--In awarding a
                          grant under this paragraph, the Secretary shall
                          ensure, to the extent practicable, that grant
                          recipients represent diverse technology solutions.
                        ``(E) Use of grant funds.--A grant recipient may use
                    funds awarded under this paragraph to deploy advanced
                    transportation and congestion management technologies,
                    including--
                              ``(i) advanced traveler information systems;
                              ``(ii) advanced transportation management
                          technologies;
                              ``(iii) infrastructure maintenance,
                          monitoring, and condition assessment;
                              ``(iv) advanced public transportation systems;
                              ``(v) transportation system performance data
                          collection, analysis, and dissemination systems;
                              ``(vi) advanced safety systems, including
                          vehicle-to-vehicle and vehicle-to-infrastructure
                          communications, technologies associated with
                          autonomous vehicles, and other collision avoidance
                          technologies, including systems using cellular
                          technology;
                              ``(vii) integration of intelligent
                          transportation systems with the Smart Grid and
                          other energy distribution and charging systems;
                              ``(viii) electronic pricing and payment
                          systems; or
                              ``(ix) advanced mobility and access
                          technologies, such as dynamic ridesharing and
                          information systems to support human services for
                          elderly and disabled individuals.
                        ``(F) Report to secretary.--For each eligible entity
                    that receives a grant under this paragraph, not later
                    than 1 year after the entity receives the grant, and
                    each year thereafter, the entity shall submit a report
                    to the Secretary that describes--
                              ``(i) deployment and operational costs of the
                          project compared to the benefits and savings the
                          project provides; and
                              ``(ii) how the project has met the original
                          expectations projected in the deployment plan
                          submitted with the application, such as--
                                        ``(I) data on how the project has
                                    helped reduce traffic crashes,
                                    congestion, costs, and other benefits of
                                    the deployed systems;
                                        ``(II) data on the effect of
                                    measuring and improving transportation
                                    system performance through the
                                    deployment of advanced technologies;
                                        ``(III) the effectiveness of
                                    providing real-time integrated traffic,
                                    transit, and multimodal transportation
                                    information to the public to make
                                    informed travel decisions; and

    [[Page 129 STAT. 1565]]

                                        ``(IV) lessons learned and
                                    recommendations for future deployment
                                    strategies to optimize transportation
                                    efficiency and multimodal system
                                    performance.
                        ``(G) Report.--Not later than 3 years after the date
                    that the first grant is awarded under this paragraph,
                    and each year thereafter, the Secretary shall make
                    available to the public on an Internet website a report
                    that describes the effectiveness of grant recipients in
                    meeting their projected deployment plans, including data
                    provided under subparagraph (F) on how the program has--
                              ``(i) reduced traffic-related fatalities and
                          injuries;
                              ``(ii) reduced traffic congestion and improved
                          travel time reliability;
                              ``(iii) reduced transportation-related
                          emissions;
                              ``(iv) optimized multimodal system
                          performance;
                              ``(v) improved access to transportation
                          alternatives;
                              ``(vi) provided the public with access to
                          real-time integrated traffic, transit, and
                          multimodal transportation information to make
                          informed travel decisions;
                              ``(vii) provided cost savings to
                          transportation agencies, businesses, and the
                          traveling public; or
                              ``(viii) provided other benefits to
                          transportation users and the general public.
                        ``(H) Additional grants.--The Secretary may cease to
                    provide additional grant funds to a recipient of a grant
                    under this paragraph if--
                              ``(i) the Secretary determines from such
                          recipient's report that the recipient is not
                          carrying out the requirements of the grant; and
                              ``(ii) the Secretary provides written notice
                          60 days prior to withholding funds to the
                          Committees on Transportation and Infrastructure
                          and Science, Space, and Technology of the House of
                          Representatives and the Committees on Environment
                          and Public Works and Commerce, Science, and
                          Transportation of the Senate.
                        ``(I) Funding.--
                              ``(i) In general.--From funds made available
                          to carry out subsection (b), this subsection, and
                          sections 512 through 518, the Secretary shall set
                          aside for grants awarded under subparagraph (D)
                          $60,000,000 for each of fiscal years 2016 through
                          2020.
                              ``(ii) Expenses for the secretary.--Of the
                          amounts set aside under clause (i), the Secretary
                          may set aside $2,000,000 each fiscal year for
                          program reporting, evaluation, and administrative
                          costs related to this paragraph.
                        ``(J) Federal share.--The Federal share of the cost
                    of a project for which a grant is awarded under this
                    subsection shall not exceed 50 percent of the cost of
                    the project.
                        ``(K) Grant limitation.--The Secretary may not award
                    more than 20 percent of the amount described under
                    subparagraph (I) in a fiscal year to a single grant
                    recipient.
                        ``(L) Expenses for grant recipients.--A grant
                    recipient under this paragraph may use not more than

    [[Page 129 STAT. 1566]]

                    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 subsection
                                    (b);
                                        ``(II) the program under this
                                    subsection; and
                                        ``(III) the programs under sections
                                    512 through 518.
                              ``(iii) Distribution.--Any transfer of funds
                          and obligation limitation under clause (i) shall
                          be divided among the programs referred to in that
                          clause in the same proportions as the Secretary
                          originally reserved funding from the programs for
                          the fiscal year under subparagraph (I).
                        ``(N) Definitions.--In this paragraph, the following
                    definitions apply:
                              ``(i) Eligible entity.--The term `eligible
                          entity' means a State or local government, a
                          transit agency, metropolitan planning organization
                          representing a population of over 200,000, or
                          other political subdivision of a State or local
                          government or a multijurisdictional group or a
                          consortia of research institutions or academic
                          institutions.
                              ``(ii) Advanced and congestion management
                          transportation technologies.--The term `advanced
                          transportation and congestion management
                          technologies' means technologies that improve the
                          efficiency, safety, or state of good repair of
                          surface transportation systems, including
                          intelligent transportation systems.
                              ``(iii) Multijurisdictional group.--The term
                          `multijurisdictional group' means a any
                          combination of State governments, local
                          governments, metropolitan planning agencies,
                          transit agencies, or other political subdivisions
                          of a State for which each member of the group--
                                        ``(I) has signed a written agreement
                                    to implement the advanced transportation
                                    technologies deployment initiative
                                    across jurisdictional boundaries; and
                                        ``(II) is an eligible entity under
                                    this paragraph.''.

    [[Page 129 STAT. 1567]]

    SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.

        Section 514(a) of title 23, United States Code, is amended--
                (1) in paragraph (4) by striking ``and'' at the end;
                (2) in paragraph (5) by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(6) enhancement of the national freight system and support
            to national freight policy goals.''.
    SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.

        Section 514(b) of title 23, United States Code, is amended--
                (1) in paragraph (8) by striking ``and'' at the end;
                (2) in paragraph (9) by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(10) to assist in the development of cybersecurity
            research in cooperation with relevant modal administrations of
            the Department of Transportation and other Federal agencies to
            help prevent hacking, spoofing, and disruption of connected and
            automated transportation vehicles.''.
    SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.

        Section 515(h)(4) of title 23, United States Code, is amended in the
    matter preceding subparagraph (A)--
                (1) by striking ``February 1 of each year after the date of
            enactment of the Transportation Research and Innovative
            Technology Act of 2012'' and inserting ``May 1 of each year'';
            and
                (2) by striking ``submit to Congress'' and inserting ``make
            available to the public on a Department of Transportation
            website''.
    SEC. 6008. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL ARCHITECTURE
                              AND STANDARDS.

        Section 517(a)(3) of title 23, United States Code, is amended by
    striking ``memberships are comprised of, and represent,'' and inserting
    ``memberships include representatives of''.
    SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.

        Section 518(a) of title 23, United States Code, is amended in the
    matter preceding paragraph (1) by striking ``Not later than 3'' and all
    that follows through ``House of Representatives'' and inserting ``Not
    later than July 6, 2016, the Secretary shall make available to the
    public on a Department of Transportation website a report''.
    SEC. 6010. INFRASTRUCTURE DEVELOPMENT.

        (a) In General.--Chapter 5 of title 23, United States Code, is
    amended by adding at the end the following:
    ``Sec. 519. <<NOTE: 23 USC 519 note.>> Infrastructure development

        ``Funds made available to carry out this chapter for operational
    tests of intelligent transportation systems--
                ``(1) shall be used primarily for the development of
            intelligent transportation system infrastructure, equipment, and
            systems; and

    [[Page 129 STAT. 1568]]

                ``(2) to the maximum extent practicable, shall not be used
            for the construction of physical surface transportation
            infrastructure unless the construction is incidental and
            critically necessary to the implementation of an intelligent
            transportation system project.''.

        (b) Technical and Conforming Amendments.--
                (1) Clerical amendment.--The analysis for chapter 5 of title
            23, United States Code, is amended by adding at the end the
            following:

    ``519. Infrastructure development.''.

                (2) Technical amendment.--The item relating to section 512
            in the analysis for chapter 5 of title 23, United States
            Code, <<NOTE: 23 USC prec. 501.>> is amended to read as follows:

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

    SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.

        (a) Assistant Secretary for Research and Technology.--Section
    102(e)(1) of title 49, United States Code, is amended--
                (1) in the matter preceding subparagraph (A) by striking
            ``5'' and inserting ``6''; and
                (2) in subparagraph (A) by inserting ``an Assistant
            Secretary for Research and Technology,'' after ``Governmental
            Affairs,''.

        (b) Research Activities.--Section 330 of title 49, United States
    Code, is amended--
                (1) in the section heading by striking ``contracts'' and
            inserting ``activities'';
                (2) in subsection (a) by striking ``The Secretary of'' and
            inserting ``In General.--The Secretary of'';
                (3) in subsection (b) by striking ``In carrying'' and
            inserting ``Responsibilities.--In carrying'';
                (4) in subsection (c) by striking ``The Secretary'' and
            inserting ``Publications.--The Secretary''; and
                (5) by adding at the end the following:

        ``(d) Duties.--The Secretary shall provide for the following:
                ``(1) Coordination, facilitation, and review of Department
            of Transportation research and development programs and
            activities.
                ``(2) Advancement, and research and development, of
            innovative technologies, including intelligent transportation
            systems.
                ``(3) Comprehensive transportation statistics research,
            analysis, and reporting.
                ``(4) Education and training in transportation and
            transportation-related fields.
                ``(5) Activities of the Volpe National Transportation
            Systems Center.
                ``(6) Coordination in support of multimodal and
            multidisciplinary research activities.

        ``(e) Additional Authorities.--The Secretary may--
                ``(1) enter into grants and cooperative agreements with
            Federal agencies, State and local government agencies, other
            public entities, private organizations, and other persons to
            conduct research into transportation service and infrastructure
            assurance and to carry out other research activities of the
            Department of Transportation;

    [[Page 129 STAT. 1569]]

                ``(2) carry out, on a cost-shared basis, collaborative
            research and development to encourage innovative solutions to
            multimodal transportation problems and stimulate the deployment
            of new technology with--
                        ``(A) non-Federal entities, including State and
                    local governments, foreign governments, institutions of
                    higher education, corporations, institutions,
                    partnerships, sole proprietorships, and trade
                    associations that are incorporated or established under
                    the laws of any State;
                        ``(B) Federal laboratories; and
                        ``(C) other Federal agencies; and
                ``(3) directly initiate contracts, grants, cooperative
            research and development agreements (as defined in section 12(d)
            of the Stevenson-Wydler Technology Innovation Act of 1980 (15
            U.S.C. 3710a(d))), and other agreements to fund, and accept
            funds from, the Transportation Research Board of the National
            Academies, State departments of transportation, cities,
            counties, institutions of higher education, associations, and
            the agents of those entities to carry out joint transportation
            research and technology efforts.

        ``(f) Federal Share.--
                ``(1) In general.--Subject to paragraph (2), the Federal
            share of the cost of an activity carried out under subsection
            (e)(3) shall not exceed 50 percent.
                ``(2) Exception.--If the Secretary determines that the
            activity is of substantial public interest or benefit, the
            Secretary may approve a greater Federal share.
                ``(3) Non-federal share.--All costs directly incurred by the
            non-Federal partners, including personnel, travel, facility, and
            hardware development costs, shall be credited toward the non-
            Federal share of the cost of an activity described in subsection
            (e)(3).

        ``(g) Program Evaluation and Oversight.--For each of fiscal years
    2016 through 2020, the Secretary is authorized to expend not more than 1
    \1/2\ percent of the amounts authorized to be appropriated for the
    coordination, evaluation, and oversight of the programs administered by
    the Office of the Assistant Secretary for Research and Technology.
        ``(h) Use of Technology.--The research, development, or use of a
    technology under a contract, grant, cooperative research and development
    agreement, or other agreement entered into under this section, including
    the terms under which the technology may be licensed and the resulting
    royalties may be distributed, shall be subject to the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
        ``(i) Waiver of Advertising Requirements.--Section 6101 of title 41
    shall not apply to a contract, grant, or other agreement entered into
    under this section.''.
        (c) Clerical Amendment.--The item relating to section 330 in the
    analysis of chapter 3 of title 49, United States Code, <<NOTE: 49
    USC prec. 301.>> is amended to read as follows:

    ``330. Research activities.''.

        (d) Technical and Conforming Amendments.--
                (1) Title 5 amendments.--

    [[Page 129 STAT. 1570]]

                        (A) Positions at level ii.--Section 5313 of title 5,
                    United States Code, is amended by striking ``The Under
                    Secretary of Transportation for Security.''.
                        (B) Positions at level iv.--Section 5315 of title 5,
                    United States Code, is amended in the undesignated item
                    relating to Assistant Secretaries of Transportation by
                    striking ``(4)'' and inserting ``(5)''.
                        (C) Positions at level v.--Section 5316 of title 5,
                    United States Code, is amended by striking ``Associate
                    Deputy Secretary, Department of Transportation.''.
                (2) Bureau of transportation statistics.--Section 6302 of
            title 49, United States Code, is amended by striking subsection
            (a) and inserting the following:

        ``(a) In General.--There shall be within the Department of
    Transportation the Bureau of Transportation Statistics.''.
    SEC. 6012. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.

        (a) Repeal.--Section 112 of title 49, United States Code, is
    repealed.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 49,
    United States Code, <<NOTE: 49 USC prec. 101.>> is amended by striking
    the item relating to section 112.
    SEC. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.

        Section 5115(a) of title 49, United States Code, is amended in the
    first sentence by inserting ``, including online curriculum as
    appropriate,'' after ``a current curriculum of courses''.
    SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.

        Section 5118 of title 49, United States Code, is amended--
                (1) in subsection (a)(2)--
                        (A) in subparagraph (A) by striking ``and'' at the
                    end;
                        (B) in subparagraph (B) by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(C) coordinate, as appropriate, with other Federal
                    agencies.''; and
                (2) by adding at the end the following:

        ``(c) Cooperative Research.--
                ``(1) In general.--As part of the program established under
            subsection (a), the Secretary may carry out cooperative research
            on hazardous materials transport.
                ``(2) National academies.--The Secretary may enter into an
            agreement with the National Academies to support research
            described in paragraph (1).
                ``(3) Research.--Research conducted under this subsection
            may include activities relating to--
                        ``(A) emergency planning and response, including
                    information and programs that can be readily assessed
                    and implemented in local jurisdictions;
                        ``(B) risk analysis and perception and data
                    assessment;
                        ``(C) commodity flow data, including voluntary
                    collaboration between shippers and first responders for
                    secure data exchange of critical information;
                        ``(D) integration of safety and security;
                        ``(E) cargo packaging and handling;
                        ``(F) hazmat release consequences; and

    [[Page 129 STAT. 1571]]

                        ``(G) materials and equipment testing.''.
    SEC. 6015. OFFICE OF INTERMODALISM.

        (a) Repeal.--Section 5503 of title 49, United States Code, is
    repealed.
        (b) Clerical Amendment.--The analysis for chapter 55 of title 49,
    United States Code, <<NOTE: 49 USC prec. 5501.>> is amended by striking
    the item relating to section 5503.
    SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS.

        Section 5505 of title 49, United States Code, is amended to read as
    follows:
    ``Sec. 5505. University transportation centers program

        ``(a) University Transportation Centers Program.--
                ``(1) Establishment and operation.--The Secretary shall make
            grants under this section to eligible nonprofit institutions of
            higher education to establish and operate university
            transportation centers.
                ``(2) Role of centers.--The role of each university
            transportation center referred to in paragraph (1) shall be--
                        ``(A) to advance transportation expertise and
                    technology in the varied disciplines that comprise the
                    field of transportation through education, research, and
                    technology transfer activities;
                        ``(B) to provide for a critical transportation
                    knowledge base outside of the Department of
                    Transportation; and
                        ``(C) to address critical workforce needs and
                    educate the next generation of transportation leaders.

        ``(b) Competitive Selection Process.--
                ``(1) Applications.--To receive a grant under this section,
            a consortium of nonprofit institutions of higher education shall
            submit to the Secretary an application that is in such form and
            contains such information as the Secretary may require.
                ``(2) Restriction.--
                        ``(A) Limitation.--A lead institution of a
                    consortium of nonprofit institutions of higher
                    education, as applicable, may only receive 1 grant per
                    fiscal year for each of the transportation centers
                    described under paragraphs (2), (3), and (4) of
                    subsection (c).
                        ``(B) Exception for consortium members that are not
                    lead institutions.--Subparagraph (A) shall not apply to
                    a nonprofit institution of higher education that is a
                    member of a consortium of nonprofit institutions of
                    higher education but not the lead institution of such
                    consortium.
                ``(3) Coordination.--The Secretary shall solicit grant
            applications for national transportation centers, regional
            transportation centers, and Tier 1 university transportation
            centers with identical advertisement schedules and deadlines.
                ``(4) General selection criteria.--
                        ``(A) In general.--Except as otherwise provided by
                    this section, the Secretary shall award grants under
                    this section in nonexclusive candidate topic areas
                    established by the Secretary that address the research
                    priorities identified in chapter 65.
                        ``(B) Criteria.--The Secretary, in consultation with
                    the Assistant Secretary for Research and Technology and
                    the Administrator of the Federal Highway Administration

    [[Page 129 STAT. 1572]]

                    and other modal administrations as appropriate, shall
                    select each recipient of a grant under this section
                    through a competitive process based on the assessment of
                    the Secretary relating to--
                              ``(i) the demonstrated ability of the
                          recipient to address each specific topic area
                          described in the research and strategic plans of
                          the recipient;
                              ``(ii) the demonstrated research, technology
                          transfer, and education resources available to the
                          recipient to carry out this section;
                              ``(iii) the ability of the recipient to
                          provide leadership in solving immediate and long-
                          range national and regional transportation
                          problems;
                              ``(iv) the ability of the recipient to carry
                          out research, education, and technology transfer
                          activities that are multimodal and
                          multidisciplinary in scope;
                              ``(v) the demonstrated commitment of the
                          recipient to carry out transportation workforce
                          development programs through--
                                        ``(I) degree-granting programs or
                                    programs that provide other industry-
                                    recognized credentials; and
                                        ``(II) outreach activities to
                                    attract new entrants into the
                                    transportation field, including women
                                    and underrepresented populations;
                              ``(vi) the demonstrated ability of the
                          recipient to disseminate results and spur the
                          implementation of transportation research and
                          education programs through national or statewide
                          continuing education programs;
                              ``(vii) the demonstrated commitment of the
                          recipient to the use of peer review principles and
                          other research best practices in the selection,
                          management, and dissemination of research
                          projects;
                              ``(viii) the strategic plan submitted by the
                          recipient describing the proposed research to be
                          carried out by the recipient and the performance
                          metrics to be used in assessing the performance of
                          the recipient in meeting the stated research,
                          technology transfer, education, and outreach
                          goals; and
                              ``(ix) the ability of the recipient to
                          implement the proposed program in a cost-efficient
                          manner, such as through cost sharing and overall
                          reduced overhead, facilities, and administrative
                          costs.
                ``(5) Transparency.--
                        ``(A) In general.--The Secretary shall provide to
                    each applicant, upon request, any materials, including
                    copies of reviews (with any information that would
                    identify a reviewer redacted), used in the evaluation
                    process of the proposal of the applicant.
                        ``(B) Reports.--The Secretary shall submit to the
                    Committees on Transportation and Infrastructure and
                    Science, Space, and Technology of the House of
                    Representatives and the Committee on Environment and
                    Public Works of the Senate a report describing the
                    overall review process under paragraph (4) that
                    includes--

    [[Page 129 STAT. 1573]]

                              ``(i) specific criteria of evaluation used in
                          the review;
                              ``(ii) descriptions of the review process; and
                              ``(iii) explanations of the selected awards.
                ``(6) Outside stakeholders.--The Secretary shall, to the
            maximum extent practicable, consult external stakeholders,
            including the Transportation Research Board of the National
            Research Council of the National Academies, to evaluate and
            competitively review all proposals.

        ``(c) Grants.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of this section, the Secretary shall select grant
            recipients under subsection (b) and make grant amounts available
            to the selected recipients.
                ``(2) National transportation centers.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    Secretary shall provide grants to 5 consortia that the
                    Secretary determines best meet the criteria described in
                    subsection (b)(4).
                        ``(B) Restrictions.--
                              ``(i) In general.--For each fiscal year, a
                          grant made available under this paragraph shall be
                          not greater than $4,000,000 and not less than
                          $2,000,000 per recipient.
                              ``(ii) Focused research.--A consortium
                          receiving a grant under this paragraph shall focus
                          research on 1 of the transportation issue areas
                          specified in section 6503(c).
                        ``(C) Matching requirement.--
                              ``(i) In general.--As a condition of receiving
                          a grant under this paragraph, a grant recipient
                          shall match 100 percent of the amounts made
                          available under the grant.
                              ``(ii) Sources.--The matching amounts referred
                          to in clause (i) may include amounts made
                          available to the recipient under--
                                        ``(I) section 504(b) of title 23; or
                                        ``(II) section 505 of title 23.
                ``(3) Regional university transportation centers.--
                        ``(A) Location of regional centers.--One regional
                    university transportation center shall be located in
                    each of the 10 Federal regions that comprise the
                    Standard Federal Regions established by the Office of
                    Management and Budget in the document entitled `Standard
                    Federal Regions' and dated April 1974 (circular A-105).
                        ``(B) Selection criteria.--In conducting a
                    competition under subsection (b), the Secretary shall
                    provide grants to 10 consortia on the basis of--
                              ``(i) the criteria described in subsection
                          (b)(4);
                              ``(ii) the location of the lead center within
                          the Federal region to be served; and
                              ``(iii) whether the consortium of institutions
                          demonstrates that the consortium has a well-
                          established, nationally recognized program in
                          transportation research and education, as
                          evidenced by--
                                        ``(I) recent expenditures by the
                                    institution in highway or public
                                    transportation research;

    [[Page 129 STAT. 1574]]

                                        ``(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, congestion, connected vehicles, connected
                    infrastructure, and autonomous vehicles.
                ``(4) Tier 1 university transportation centers.--
                        ``(A) In general.--The Secretary shall provide
                    grants of not greater than $2,000,000 and not less than
                    $1,000,000 to not more than 20 recipients to carry out
                    this paragraph.
                        ``(B) Matching requirement.--
                              ``(i) In general.--As a condition of receiving
                          a grant under this paragraph, a grant recipient
                          shall match 50 percent of the amounts made
                          available under the grant.
                              ``(ii) Sources.--The matching amounts referred
                          to in clause (i) may include amounts made
                          available to the recipient under--
                                        ``(I) section 504(b) of title 23; or
                                        ``(II) section 505 of title 23.
                        ``(C) Focused research.--In awarding grants under
                    this section, consideration shall be given to minority
                    institutions, as defined by section 365 of the Higher
                    Education Act of 1965 (20 U.S.C. 1067k), or consortia
                    that include such institutions that have demonstrated an
                    ability in transportation-related research.

        ``(d) Program Coordination.--
                ``(1) In general.--The Secretary shall--
                        ``(A) coordinate the research, education, and
                    technology transfer activities carried out by grant
                    recipients under this section; and
                        ``(B) disseminate the results of that research
                    through the establishment and operation of a publicly
                    accessible online information clearinghouse.
                ``(2) Annual review and evaluation.--Not less frequently
            than annually, and consistent with the plan developed under
            section 6503, the Secretary shall--

    [[Page 129 STAT. 1575]]

                        ``(A) review and evaluate the programs carried out
                    under this section by grant recipients; and
                        ``(B) submit to the Committees on Transportation and
                    Infrastructure and Science, Space, and Technology of the
                    House of Representatives and the Committees on
                    Environment and Public Works and Commerce, Science, and
                    Transportation of the Senate a report describing that
                    review and evaluation.
                ``(3) Program evaluation and oversight.--For each of fiscal
            years 2016 through 2020, the Secretary shall expend not more
            than 1 and a half percent of the amounts made available to the
            Secretary to carry out this section for any coordination,
            evaluation, and oversight activities of the Secretary under this
            section.

        ``(e) Limitation on Availability of Amounts.--Amounts made available
    to the Secretary to carry out this section shall remain available for
    obligation by the Secretary for a period of 3 years after the last day
    of the fiscal year for which the amounts are authorized.
        ``(f) Information Collection.--Any survey, questionnaire, or
    interview that the Secretary determines to be necessary to carry out
    reporting requirements relating to any program assessment or evaluation
    activity under this section, including customer satisfaction
    assessments, shall not be subject to chapter 35 of title 44.''.
    SEC. 6017. BUREAU OF TRANSPORTATION STATISTICS.

        Section 6302 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(d) Independence of Bureau.--
                ``(1) In general.--The Director shall not be required--
                        ``(A) to obtain the approval of any other officer or
                    employee of the Department with respect to the
                    collection or analysis of any information; or
                        ``(B) prior to publication, to obtain the approval
                    of any other officer or employee of the United States
                    Government with respect to the substance of any
                    statistical technical reports or press releases lawfully
                    prepared by the Director.
                ``(2) Budget authority.--The Director shall have a
            significant role in the disposition and allocation of the
            authorized budget of the Bureau, including--
                        ``(A) all hiring, grants, cooperative agreements,
                    and contracts awarded by the Bureau to carry out this
                    section; and
                        ``(B) the disposition and allocation of amounts paid
                    to the Bureau for cost-reimbursable projects.
                ``(3) Exceptions.--The Secretary shall direct external
            support functions, such as the coordination of activities
            involving multiple modal administrations.
                ``(4) Information technology.--The Department Chief
            Information Officer shall consult with the Director to ensure
            decisions related to information technology guarantee the
            protection of the confidentiality of information provided solely
            for statistical purposes, in accordance with the Confidential
            Information Protection and Statistical Efficiency Act of 2002
            (44 U.S.C. 3501 note; Public Law 107-347).''.

    [[Page 129 STAT. 1576]]

    SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.

        (a) In General.--Chapter 63 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 6314. <<NOTE: 49 USC 6314.>> Port performance freight
                      statistics program

        ``(a) In General.--The Director shall establish, on behalf of the
    Secretary, a port performance statistics program to provide nationally
    consistent measures of performance of, at a minimum--
                ``(1) the Nation's top 25 ports by tonnage;
                ``(2) the Nation's top 25 ports by 20-foot equivalent unit;
            and
                ``(3) the Nation's top 25 ports by dry bulk.

        ``(b) Reports.--
                ``(1) Port capacity and throughput.--Not later than January
            15 of each year, the Director shall submit an annual report to
            Congress that includes statistics on capacity and throughput at
            the ports described in subsection (a).
                ``(2) Port performance measures.--The Director shall collect
            port performance measures for each of the United States ports
            referred to in subsection (a) that--
                        ``(A) receives Federal assistance; or
                        ``(B) is subject to Federal regulation to submit
                    necessary information to the Bureau that includes
                    statistics on capacity and throughput as applicable to
                    the specific configuration of the port.

        ``(c) Recommendations.--
                ``(1) In general.--The Director shall obtain recommendations
            for--
                        ``(A) port performance measures, including
                    specifications and data measurements to be used in the
                    program established under subsection (a); and
                        ``(B) a process for the Department to collect timely
                    and consistent data, including identifying safeguards to
                    protect proprietary information described in subsection
                    (b)(2).
                ``(2) Working group.--Not later than 60 days after the date
            of the enactment of the Transportation for Tomorrow Act of 2015,
            the Director shall commission a working group composed of--
                        ``(A) operating administrations of the Department;
                        ``(B) the Coast Guard;
                        ``(C) the Federal Maritime Commission;
                        ``(D) U.S. Customs and Border Protection;
                        ``(E) the Marine Transportation System National
                    Advisory Council;
                        ``(F) the Army Corps of Engineers;
                        ``(G) the Saint Lawrence Seaway Development
                    Corporation;
                        ``(H) the Bureau of Labor Statistics;
                        ``(I) the Maritime Advisory Committee for
                    Occupational Safety and Health;
                        ``(J) the Advisory Committee on Supply Chain
                    Competitiveness;
                        ``(K) 1 representative from the rail industry;
                        ``(L) 1 representative from the trucking industry;
                        ``(M) 1 representative from the maritime shipping
                    industry;

    [[Page 129 STAT. 1577]]

                        ``(N) 1 representative from a labor organization for
                    each industry described in subparagraphs (K) through
                    (M);
                        ``(O) 1 representative from the International
                    Longshoremen's Association;
                        ``(P) 1 representative from the International
                    Longshore and Warehouse Union;
                        ``(Q) 1 representative from a port authority;
                        ``(R) 1 representative from a terminal operator;
                        ``(S) representatives of the National Freight
                    Advisory Committee of the Department; and
                        ``(T) representatives of the Transportation Research
                    Board of the National Academies of Sciences,
                    Engineering, and Medicine.
                ``(3) Recommendations.--Not later than 1 year after the date
            of the enactment of the Transportation for Tomorrow Act of 2015,
            the working group commissioned under paragraph (2) shall submit
            its recommendations to the Director.

        ``(d) Access to Data.--The Director shall ensure that--
                ``(1) the statistics compiled under this section--
                        ``(A) are readily accessible to the public; and
                        ``(B) are consistent with applicable security
                    constraints and confidentiality interests; and
                ``(2) the data acquired, regardless of source, shall be
            protected in accordance with the Confidential Information
            Protection and Statistical Efficiency Act of 2002 (44 U.S.C.
            3501 note; Public Law 107-347).''.

        (b) Prohibition on Certain Disclosures; Copies of Reports.--Section
    6307(b) of such title is amended, by inserting ``or section 6314(b)''
    after ``section 6302(b)(3)(B)'' each place it appears.
        (c) Clerical Amendment.--The table of sections for chapter 63 of
    such title <<NOTE: 49 USC prec. 6301.>> is amended by adding at the end
    the following:

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

    SEC. 6019. <<NOTE: 49 USC 6501 note.>> RESEARCH PLANNING.

        (a) Findings.--Congress finds that--
                (1) Federal transportation research planning--
                        (A) should be coordinated by the Office of the
                    Secretary; and
                        (B) should be, to the extent practicable, multimodal
                    and not occur solely within the sub-agencies of the
                    Department;
                (2) managing a multimodal research portfolio within the
            Office of the Secretary will--
                        (A) help identify opportunities in which research
                    could be applied across modes; and
                        (B) prevent duplication of efforts and waste of
                    limited Federal resources;
                (3) the Assistant Secretary for Research and Technology at
            the Department of Transportation will--
                        (A) give stakeholders a formal opportunity to
                    address concerns;
                        (B) ensure unbiased research; and
                        (C) improve the overall research products of the
                    Department; and
                (4) increasing transparency of transportation research and
            development efforts will--

    [[Page 129 STAT. 1578]]

                        (A) build stakeholder confidence in the final
                    product; and
                        (B) lead to the improved implementation of research
                    findings.

        (b) Research Planning.--
                (1) In general.--Subtitle III of title 49, United States
            Code, <<NOTE: 49 USC prec. 6501.>> is amended by inserting after
            chapter 63 the following:

                         ``CHAPTER 65--RESEARCH PLANNING

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

    ``SEC. 6501. <<NOTE: 49 USC 6501.>> ANNUAL MODAL RESEARCH PLANS.

        ``(a) Modal Plans Required.--
                ``(1) In general.--Not later than May 1 of each year, the
            head of each modal administration and joint program office of
            the Department of Transportation shall submit to the Assistant
            Secretary for Research and Technology of the Department of
            Transportation (referred to in this chapter as the `Assistant
            Secretary') a comprehensive annual modal research plan for the
            upcoming fiscal year and a detailed outlook for the following
            fiscal year.
                ``(2) Relationship to strategic plan.--Each plan submitted
            under paragraph (1), after the plan required in 2016, shall be
            consistent with the strategic plan developed under section 6503.

        ``(b) Review.--
                ``(1) In general.--Not later than September 1 of each year,
            the Assistant Secretary, for each plan and outlook submitted
            pursuant to subsection (a), shall--
                        ``(A) review the scope of the research; and
                        ``(B)(i) approve the plan and outlook; or
                        ``(ii) request that the plan and outlook be revised
                    and resubmitted for approval.
                ``(2) Publications.--Not later than January 30 of each year,
            the Secretary shall publish on a public website each plan and
            outlook that has been approved under paragraph (1)(B)(i).
                ``(3) Rejection of duplicative research efforts.--The
            Assistant Secretary may not approve any plan submitted by the
            head of a modal administration or joint program office pursuant
            to subsection (a) if any of the projects described in the plan
            duplicate significant aspects of research efforts of any other
            modal administration.

        ``(c) Funding Limitations.--No funds may be expended by the
    Department of Transportation on research that has been determined by the
    Assistant Secretary under subsection (b)(3) to be duplicative unless--
                ``(1) the research is required by an Act of Congress;
                ``(2) the research was part of a contract that was funded
            before the date of enactment of this chapter;
                ``(3) the research updates previously commissioned research;
            or

    [[Page 129 STAT. 1579]]

                ``(4) the Assistant Secretary certifies to Congress that
            such research is necessary, and provides justification for such
            certification.

        ``(d) Certification.--
                ``(1) In general.--The Secretary shall annually certify to
            Congress that--
                        ``(A) each modal research plan has been reviewed;
                    and
                        ``(B) there is no duplication of study for research
                    directed, commissioned, or conducted by the Department
                    of Transportation.
                ``(2) Corrective action plan.--If the Secretary, after
            submitting a certification under paragraph (1), identifies
            duplication of research within the Department of Transportation,
            the Secretary shall--
                        ``(A) notify Congress of the duplicative research;
                    and
                        ``(B) submit to Congress a corrective action plan to
                    eliminate the duplicative research.
    ``SEC. 6502. <<NOTE: 49 USC 6502.>> CONSOLIDATED RESEARCH
                              DATABASE.

        ``(a) Research Abstract Database.--
                ``(1) In general.--The Secretary shall annually publish on a
            public website a comprehensive database of all research projects
            conducted by the Department of Transportation, including, to the
            extent practicable, research funded through University
            Transportation Centers.
                ``(2) Contents.--The database published under paragraph (1)
            shall, to the extent practicable--
                        ``(A) include the consolidated modal research plans
                    approved under section 6501(b)(1)(B)(i);
                        ``(B) describe the research objectives, progress,
                    findings, and allocated funds for each research project;
                        ``(C) identify research projects with multimodal
                    applications;
                        ``(D) specify how relevant modal administrations
                    have assisted, will contribute to, or plan to use the
                    findings from the research projects identified under
                    paragraph (1);
                        ``(E) identify areas in which more than 1 modal
                    administration is conducting research on a similar
                    subject or a subject that has a bearing on more than 1
                    mode;
                        ``(F) indicate how the findings of research are
                    being disseminated to improve the efficiency,
                    effectiveness, and safety of transportation systems; and
                        ``(G) describe the public and stakeholder input to
                    the research plans submitted under section 6501(a)(1).

        ``(b) Funding Report.--In conjunction with each of the annual budget
    requests submitted by the President under section 1105 of title 31, the
    Secretary shall annually publish on a public website and submit to the
    appropriate committees of Congress a report that describes--
                ``(1) the amount spent in the last full fiscal year on
            transportation research and development with specific
            descriptions of projects funded at $5,000,000 or more; and
                ``(2) the amount proposed in the current budget for
            transportation research and development with specific
            descriptions of projects funded at $5,000,000 or more.

    [[Page 129 STAT. 1580]]

        ``(c) Performance Plans and Reports.--In the plans and reports
    submitted under sections 1115 and 1116 of title 31, the Secretary shall
    include--
                ``(1) a summary of the Federal transportation research and
            development activities for the previous fiscal year in each
            topic area;
                ``(2) the amount spent in each topic area;
                ``(3) a description of the extent to which the research and
            development is meeting the expectations described in section
            6503(c)(1); and
                ``(4) any amendments to the strategic plan developed under
            section 6503.
    ``SEC. 6503. <<NOTE: 49 USC 6503.>> TRANSPORTATION RESEARCH AND
                              DEVELOPMENT 5-YEAR STRATEGIC PLAN.

        ``(a) In General.--The Secretary shall develop a 5-year
    transportation research and development strategic plan to guide future
    Federal transportation research and development activities.
        ``(b) Consistency.--The strategic plan developed under subsection
    (a) shall be consistent with--
                ``(1) section 306 of title 5;
                ``(2) sections 1115 and 1116 of title 31; and
                ``(3) any other research and development plan within the
            Department of Transportation.

        ``(c) Contents.--The strategic plan developed under subsection (a)
    shall--
                ``(1) describe how the plan furthers the primary purposes of
            the transportation research and development program, which shall
            include--
                        ``(A) improving mobility of people and goods;
                        ``(B) reducing congestion;
                        ``(C) promoting safety;
                        ``(D) improving the durability and extending the
                    life of transportation infrastructure;
                        ``(E) preserving the environment; and
                        ``(F) preserving the existing transportation system;
                ``(2) for each of the purposes referred to in paragraph (1),
            list the primary proposed research and development activities
            that the Department of Transportation intends to pursue to
            accomplish that purpose, which may include--
                        ``(A) fundamental research pertaining to the applied
                    physical and natural sciences;
                        ``(B) applied science and research;
                        ``(C) technology development research; and
                        ``(D) social science research; and
                ``(3) for each research and development activity--
                        ``(A) identify the anticipated annual funding levels
                    for the period covered by the strategic plan; and
                        ``(B) describe the research findings the Department
                    expects to discover at the end of the period covered by
                    the strategic plan.

        ``(d) Considerations.--The Secretary shall ensure that the strategic
    plan developed under this section--
                ``(1) reflects input from a wide range of external
            stakeholders;
                ``(2) includes and integrates the research and development
            programs of all of the modal administrations of the Department

    [[Page 129 STAT. 1581]]

            of Transportation, including aviation, transit, rail, and
            maritime and joint programs;
                ``(3) takes into account research and development by other
            Federal, State, local, private sector, and nonprofit
            institutions;
                ``(4) not later than December 31, 2016, is published on a
            public website; and
                ``(5) takes into account how research and development by
            other Federal, State, private sector, and nonprofit
            institutions--
                        ``(A) contributes to the achievement of the purposes
                    identified under subsection (c)(1); and
                        ``(B) avoids unnecessary duplication of those
                    efforts.

        ``(e) Interim Report.--Not later than 2 \1/2\ years after the date
    of enactment of this chapter, the Secretary may publish on a public
    website an interim report that--
                ``(1) provides an assessment of the 5-year research and
            development strategic plan of the Department of Transportation
            described in this section; and
                ``(2) includes a description of the extent to which the
            research and development is or is not successfully meeting the
            purposes described under subsection (c)(1).''.

        (c) Technical and Conforming Amendment.--The table of chapters for
    subtitle III of title 49, United States Code, <<NOTE: 49 USC 5101.>> is
    amended by adding at the end the following:

    ``63. Bureau of Transportation Statistics......................... 6301
    ``65. Research planning..........................................6501''.

        (d) Technical and Conforming Amendments.--
                (1) Chapter 5 of title 23.--Chapter 5 of title 23, United
            States Code, is amended--
                        (A) by striking section 508;
                        (B) in the table of contents, by striking the item
                    relating to section 508;
                        (C) in section 502--
                              (i) in subsection (a)(9), by striking
                          ``transportation research and technology
                          development strategic plan developed under section
                          508'' and inserting ``transportation research and
                          development strategic plan under section 6503 of
                          title 49''; and
                              (ii) in subsection (b)(4), by striking
                          ``transportation research and development
                          strategic plan of the Secretary developed under
                          section 508'' and inserting ``transportation
                          research and development strategic plan under
                          section 6503 of title 49''; and
                        (D) in section 512(b), by striking ``as part of the
                    transportation research and development strategic plan
                    developed under section 508''.
                (2) Intelligent transportation systems.--The Intelligent
            Transportation Systems Act of 1998 (23 U.S.C. 502 note; Public
            Law 105-178) is amended--
                        (A) in section 5205(b), by striking ``as part of the
                    Surface Transportation Research and Development
                    Strategic Plan developed under section 508 of title 23''
                    and inserting ``as part of the transportation research
                    and development strategic plan under section 6503 of
                    title 49''; and
                        (B) in section 5206(e)(2)(A), by striking ``or the
                    Surface Transportation Research and Development
                    Strategic Plan developed under section 508 of title 23''
                    and inserting ``or

    [[Page 129 STAT. 1582]]

                    the transportation research and development strategic
                    plan under section 6503 of title 49''.
                (3) Intelligent transportation system research.--Section
            5305(h)(3)(A) of SAFETEA-LU (23 U.S.C. 512 note; Public Law 109-
            59) is amended by striking ``the strategic plan under section
            508 of title 23, United States Code'' and inserting ``the 5-year
            strategic plan under 6503 of title 49, United States Code''.
    SEC. 6020. <<NOTE: 23 USC 503 note.>> 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--

    [[Page 129 STAT. 1583]]

                        (A) the flexibility and choices of user-based
                    alternative revenue mechanisms, including the ability of
                    users to select from various technology and payment
                    options;
                        (B) the cost of administering the user-based
                    alternative revenue mechanism; and
                        (C) the ability of the administering entity to audit
                    and enforce user compliance.

        (e) Consideration.--The Secretary shall consider geographic
    diversity in awarding grants under this section.
        (f) Limitations on Revenue Collected.--Any revenue collected through
    a user-based alternative revenue mechanism established using funds
    provided under this section shall not be considered a toll under section
    301 of title 23, United States Code.
        (g) Federal Share.--The Federal share of the cost of an activity
    carried out under this section may not exceed 50 percent of the total
    cost of the activity.
        (h) Report to Secretary.--Not later than 1 year after the date on
    which the first eligible entity receives a grant under this section, and
    each year thereafter, each recipient of a grant under this section shall
    submit to the Secretary a report that describes--
                (1) how the demonstration activities carried out with grant
            funds meet the objectives described in subsection (c); and
                (2) lessons learned for future deployment of alternative
            revenue mechanisms that utilize a user fee structure.

        (i) Biennial Reports.--Not later than 2 years after the date of
    enactment of this Act, and every 2 years thereafter until the completion
    of the demonstration activities under this section, the Secretary shall
    make available to the public on an Internet website a report describing
    the progress of the demonstration activities.
        (j) Funding.--Of the funds authorized to carry out section 503(b) of
    title 23, United States Code--
                (1) $15,000,000 shall be used to carry out this section for
            fiscal year 2016; and
                (2) $20,000,000 shall be used to carry out this section for
            each of fiscal years 2017 through 2020.

        (k) Grant Flexibility.--If, by August 1 of each fiscal year, the
    Secretary determines that there are not enough grant applications that
    meet the requirements of this section for a fiscal year, Secretary shall
    transfer to the program under section 503(b) of title 23, United States
    Code--
                (1) any of the funds reserved for the fiscal year under
            subsection (j) that the Secretary has not yet awarded under this
            section; and
                (2) an amount of obligation limitation equal to the amount
            of funds that the Secretary transfers under paragraph (1).
    SEC. 6021. FUTURE INTERSTATE STUDY.

        (a) Future Interstate System Study.--Not later than 180 days after
    the date of enactment of this Act, the Secretary shall enter into an
    agreement with the Transportation Research Board of the National
    Academies to conduct a study on the actions needed to upgrade and
    restore the Dwight D. Eisenhower National System of Interstate and
    Defense Highways to its role as a premier system that meets the growing
    and shifting demands of the 21st century.
        (b) Methodologies.--In conducting the study, the Transportation
    Research Board shall build on the methodologies examined

    [[Page 129 STAT. 1584]]

    and recommended in the report prepared for the American Association of
    State Highway and Transportation Officials titled ``National Cooperative
    Highway Research Program Project 20-24(79): Specifications for a
    National Study of the Future 3R, 4R, and Capacity Needs of the
    Interstate System'', dated December 2013.
        (c) Contents of Study.--The study--
                (1) shall include specific recommendations regarding the
            features, standards, capacity needs, application of
            technologies, and intergovernmental roles to upgrade the
            Interstate System, including any revisions to law (including
            regulations) that the Transportation Research Board determines
            appropriate; and
                (2) is encouraged to build on the institutional knowledge in
            the highway industry in applying the techniques involved in
            implementing the study.

        (d) Considerations.--In carrying out the study, the Transportation
    Research Board shall determine the need for reconstruction and
    improvement of the Interstate System by considering--
                (1) future demands on transportation infrastructure
            determined for national planning purposes, including commercial
            and private traffic flows to serve future economic activity and
            growth;
                (2) the expected condition of the current Interstate System
            over the period of 50 years beginning on the date of enactment
            of this Act, including long-term deterioration and
            reconstruction needs;
                (3) features that would take advantage of technological
            capabilities to address modern standards of construction,
            maintenance, and operations, for purposes of safety, and system
            management, taking into further consideration system performance
            and cost;
                (4) those National Highway System routes that should be
            added to the existing Interstate System to more efficiently
            serve national traffic flows; and
                (5) the resources necessary to maintain and improve the
            Interstate System, including the resources required to upgrade
            the National Highway System routes identified in paragraph (4)
            to Interstate standards.

        (e) Consultation.--In carrying out the study, the Transportation
    Research Board--
                (1) shall convene and consult with a panel of national
            experts, including operators and users of the Interstate System
            and private sector stakeholders; and
                (2) is encouraged to consult with--
                        (A) the Federal Highway Administration;
                        (B) States;
                        (C) planning agencies at the metropolitan, State,
                    and regional levels;
                        (D) the motor carrier industry;
                        (E) freight shippers;
                        (F) highway safety groups; and
                        (G) other appropriate entities.

        (f) Report.--Not later than 3 years after the date of enactment of
    this Act, the Transportation Research Board shall submit to the
    Secretary, the Committee on Environment and Public Works of the Senate,
    and the Committee on Transportation and Infrastructure of the House of
    Representatives a report on the results of the study conducted under
    this section.

    [[Page 129 STAT. 1585]]

        (g) Funding.--From amounts authorized to carry out the Highway
    Research and Development Program, the Secretary shall use to carry out
    this section not more than $5,000,000 for fiscal year 2016.
    SEC. 6022. HIGHWAY EFFICIENCY.

        (a) Study.--
                (1) In general.--The Secretary may examine the impact of
            pavement durability and sustainability on vehicle fuel
            consumption, vehicle wear and tear, road conditions, and road
            repairs.
                (2) Methodology.--In carrying out the study, the Secretary
            shall--
                        (A) conduct a thorough review of relevant peer-
                    reviewed research published during at least the past 5
                    years;
                        (B) analyze impacts of different types of pavement
                    on all motor vehicle types, including commercial
                    vehicles;
                        (C) specifically examine the impact of pavement
                    deformation and deflection; and
                        (D) analyze impacts of different types of pavement
                    on road conditions and road repairs.
                (3) Consultation.--In carrying out the study, the Secretary
            shall consult with--
                        (A) modal administrations of the Department and
                    other Federal agencies, including the National Institute
                    of Standards and Technology;
                        (B) State departments of transportation;
                        (C) industry stakeholders; and
                        (D) appropriate academic experts.

        (b) Report.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall publish on a public
            website a report describing the results of the study.
                (2) Contents.--The report shall include--
                        (A) a summary of the different types of pavements
                    analyzed in the study and the impacts of pavement
                    durability and sustainability on safety, vehicle fuel
                    consumption, vehicle wear and tear, road conditions, and
                    road repairs; and
                        (B) recommendations for State and local governments
                    on best practice methods for improving pavement
                    durability and sustainability to maximize vehicle fuel
                    economy, improve safety, ride quality, and road
                    conditions, and to minimize the need for road and
                    vehicle repairs.
    SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.

        To improve the scientific pursuit and research procedures concerning
    transportation, the Secretary may convene an interagency working group--
                (1) to identify opportunities for coordination between the
            Department and universities and the private sector; and
                (2) to identify and develop a plan to address related
            workforce development needs.
    SEC. 6024. <<NOTE: 49 USC 301 note.>> COLLABORATION AND SUPPORT.

        The Secretary may solicit the support of, and identify opportunities
    to collaborate with, other Federal research agencies and

    [[Page 129 STAT. 1586]]

    national laboratories to assist in the effective and efficient pursuit
    and resolution of research challenges identified by the Secretary.
    SEC. 6025. GAO REPORT.

        Not later than 2 years after the date of enactment of this Act, the
    Comptroller General of the United States shall submit to Congress a
    report that--
                (1) assesses the status of autonomous transportation
            technology policy developed by public entities in the United
            States;
                (2) assesses the organizational readiness of the Department
            to address autonomous vehicle technology challenges, including
            consumer privacy protections; and
                (3) recommends implementation paths for autonomous
            transportation technology, applications, and policies that are
            based on the assessment described in paragraph (2).
    SEC. 6026. TRAFFIC CONGESTION.

        (a) Congestion Research.--The Secretary may conduct research on the
    reduction of traffic congestion.
        (b) Consideration.--The Secretary may--
                (1) recommend research to accelerate the adoption of
            transportation management systems that allow traffic to flow in
            the safest and most efficient manner possible while alleviating
            current and future traffic congestion challenges;
                (2) assess and analyze traffic, transit, and freight data
            from various sources relevant to efforts to reduce traffic
            congestion so as to maximize mobility, efficiency, and capacity
            while decreasing congestion and travel times;
                (3) examine the use and integration of multiple data types
            from multiple sources and technologies, including road weather
            data, arterial and highway traffic conditions, transit vehicle
            arrival and departure times, real time navigation routing,
            construction zone information, and reports of incidents, to
            suggest improvements in effective communication of such data and
            information in real time;
                (4) develop and disseminate suggested strategies and
            solutions to reduce congestion for high-density traffic regions
            and to provide mobility in the event of an emergency or natural
            disaster; and
                (5) collaborate with other relevant Federal agencies, State
            and local agencies, industry and industry associations, and
            university research centers to fulfill goals and objectives
            under this section.

        (c) Identifying Information.--The Secretary shall ensure that
    information used pursuant to this section does not contain identifying
    information of any individual.
        (d) Report.--Not later than 1 year after the completion of research
    under this section, the Secretary may make available on a public website
    a report on any activities under this section.
    SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY.

        (a) In General.--The Secretary may conduct a study of digital
    technologies and information technologies, including shared mobility,
    data, transportation network companies, and on-demand transportation
    services--
                (1) to understand the degree to which cities are adopting
            those technologies;

    [[Page 129 STAT. 1587]]

                (2) to assess future planning, infrastructure, and
            investment needs; and
                (3) to provide best practices to plan for smart cities in
            which information and technology are used--
                        (A) to improve city operations;
                        (B) to grow the local economy;
                        (C) to improve response in times of emergencies and
                    natural disasters; and
                        (D) to improve the lives of city residents.

        (b) Components.--The study conducted under subsection (a) shall--
                (1) identify broad issues that influence the ability of the
            United States to plan for and invest in smart cities, including
            barriers to collaboration and access to scientific information;
            and
                (2) review how the expanded use of digital technologies,
            mobile devices, and information may--
                        (A) enhance the efficiency and effectiveness of
                    existing transportation networks;
                        (B) optimize demand management services;
                        (C) impact low-income and other disadvantaged
                    communities;
                        (D) assess opportunities to share, collect, and use
                    data;
                        (E) change current planning and investment
                    strategies; and
                        (F) provide opportunities for enhanced coordination
                    and planning.

        (c) Reporting.--Not later than 18 months after the date of enactment
    of this Act, the Secretary may publish the report containing the results
    of the study conducted under subsection (a) to a public website.
    SEC. 6028. <<NOTE: 23 USC 150 note.>> PERFORMANCE MANAGEMENT DATA
                              SUPPORT PROGRAM.

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

    [[Page 129 STAT. 1588]]

                        (B) to evaluate the effects of project investments
                    on performance.

        (c) Funding.--From amounts authorized to carry out the Highway
    Research and Development Program, the Administrator of the Federal
    Highway Administration may use up to $10,000,000 for each of fiscal
    years 2016 through 2020 to carry out this section.

         TITLE VII-- <<NOTE: Hazardous Materials Transportation Safety
    Improvement Act of 2015.>> HAZARDOUS MATERIALS TRANSPORTATION
    SEC. 7001. <<NOTE: 49 USC 5101 note.>> SHORT TITLE.

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

                           Subtitle A--Authorizations

    SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.

        Section 5128 of title 49, United States Code, is amended to read as
    follows:
    ``Sec. 5128. Authorization of appropriations

        ``(a) In General.--There are authorized to be appropriated to the
    Secretary to carry out this chapter (except sections 5107(e),
    5108(g)(2), 5113, 5115, 5116, and 5119)--
                ``(1) $53,000,000 for fiscal year 2016;
                ``(2) $55,000,000 for fiscal year 2017;
                ``(3) $57,000,000 for fiscal year 2018;
                ``(4) $58,000,000 for fiscal year 2019; and
                ``(5) $60,000,000 for fiscal year 2020.

        ``(b) Hazardous Materials Emergency Preparedness Fund.--From the
    Hazardous Materials Emergency Preparedness Fund established under
    section 5116(h), the Secretary may expend, for each of fiscal years 2016
    through 2020--
                ``(1) $21,988,000 to carry out section 5116(a);
                ``(2) $150,000 to carry out section 5116(e);
                ``(3) $625,000 to publish and distribute the Emergency
            Response Guidebook under section 5116(h)(3); and
                ``(4) $1,000,000 to carry out section 5116(i).

        ``(c) Hazardous Materials Training Grants.--From the Hazardous
    Materials Emergency Preparedness Fund established pursuant to section
    5116(h), the Secretary may expend $4,000,000 for each of fiscal years
    2016 through 2020 to carry out section 5107(e).
        ``(d) Community Safety Grants.--Of the amounts made available under
    subsection (a) to carry out this chapter, the Secretary shall withhold
    $1,000,000 for each of fiscal years 2016 through 2020 to carry out
    section 5107(i).
        ``(e) Credits to Appropriations.--
                ``(1) Expenses.--In addition to amounts otherwise made
            available to carry out this chapter, the Secretary may credit
            amounts received from a State, Indian tribe, or other public
            authority or private entity for expenses the Secretary incurs in
            providing training to the State, Indian tribe, authority, or
            entity.
                ``(2) Availability of amounts.--Amounts made available under
            this section shall remain available until expended.''.

    [[Page 129 STAT. 1589]]

              Subtitle B--Hazardous Material Safety and Improvement

    SEC. 7201. NATIONAL EMERGENCY AND DISASTER RESPONSE.

        Section 5103 of title 49, United States Code, is amended--
                (1) by redesignating subsections (c) and (d) as subsections
            (d) and (e), respectively; and
                (2) by inserting after subsection (b) the following:

        ``(c) Federally Declared Disasters and Emergencies.--
                ``(1) In general.--The Secretary may by order waive
            compliance with any part of an applicable standard prescribed
            under this chapter without prior notice and comment and on terms
            the Secretary considers appropriate if the Secretary determines
            that--
                        ``(A) it is in the public interest to grant the
                    waiver;
                        ``(B) the waiver is not inconsistent with the safety
                    of transporting hazardous materials; and
                        ``(C) the waiver is necessary to facilitate the safe
                    movement of hazardous materials into, from, and within
                    an area of a major disaster or emergency that has been
                    declared under the Robert T. Stafford Disaster Relief
                    and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
                ``(2) Period of waiver.--A waiver under this subsection may
            be issued for a period of not more than 60 days and may be
            renewed upon application to the Secretary only after notice and
            an opportunity for a hearing on the waiver. The Secretary shall
            immediately revoke the waiver if continuation of the waiver
            would not be consistent with the goals and objectives of this
            chapter.
                ``(3) Statement of reasons.--The Secretary shall include in
            any order issued under this section the reasons for granting the
            waiver.''.
    SEC. 7202. MOTOR CARRIER SAFETY PERMITS.

        Section 5109(h) of title 49, United States Code, is amended to read
    as follows:
        ``(h) Limitation on Denial.--The Secretary may not deny a non-
    temporary permit held by a motor carrier pursuant to this section based
    on a comprehensive review of that carrier triggered by safety management
    system scores or out-of-service disqualification standards, unless--
                ``(1) the carrier has the opportunity, prior to the denial
            of such permit, to submit a written description of corrective
            actions taken and other documentation the carrier wishes the
            Secretary to consider, including a corrective action plan; and
                ``(2) the Secretary determines the actions or plan is
            insufficient to address the safety concerns identified during
            the course of the comprehensive review.''.
    SEC. 7203. IMPROVING THE EFFECTIVENESS OF PLANNING AND TRAINING
                              GRANTS.

        (a) Planning and Training Grants.--Section 5116 of title 49, United
    States Code, is amended--
                (1) by redesignating subsections (c) through (k) as
            subsections (b) through (j), respectively,
                (2) by striking subsection (b); and

    [[Page 129 STAT. 1590]]

                (3) by striking subsection (a) and inserting the following:

        ``(a) Planning and Training Grants.--(1) The Secretary shall make
    grants to States and Indian tribes--
                ``(A) to develop, improve, and carry out emergency plans
            under the Emergency Planning and Community Right-To-Know Act of
            1986 (42 U.S.C. 11001 et seq.), including ascertaining flow
            patterns of hazardous material on lands under the jurisdiction
            of a State or Indian tribe, and between lands under the
            jurisdiction of a State or Indian tribe and lands of another
            State or Indian tribe;
                ``(B) to decide on the need for regional hazardous material
            emergency response teams; and
                ``(C) to train public sector employees to respond to
            accidents and incidents involving hazardous material.

        ``(2) To the extent that a grant is used to train emergency
    responders under paragraph (1)(C), the State or Indian tribe shall
    provide written certification to the Secretary that the emergency
    responders who receive training under the grant will have the ability to
    protect nearby persons, property, and the environment from the effects
    of accidents or incidents involving the transportation of hazardous
    material in accordance with existing regulations or National Fire
    Protection Association standards for competence of responders to
    accidents and incidents involving hazardous materials.
        ``(3) The Secretary may make a grant to a State or Indian tribe
    under paragraph (1) of this subsection only if--
                ``(A) the State or Indian tribe certifies that the total
            amount the State or Indian tribe expends (except amounts of the
            Federal Government) for the purpose of the grant will at least
            equal the average level of expenditure for the last 5 years; and
                ``(B) any emergency response training provided under the
            grant shall consist of--
                        ``(i) a course developed or identified under section
                    5115 of this title; or
                        ``(ii) any other course the Secretary determines is
                    consistent with the objectives of this section.

        ``(4) A State or Indian tribe receiving a grant under this
    subsection shall ensure that planning and emergency response training
    under the grant is coordinated with adjacent States and Indian tribes.
        ``(5) A training grant under paragraph (1)(C) may be used--
                ``(A) to pay--
                        ``(i) the tuition costs of public sector employees
                    being trained;
                        ``(ii) travel expenses of those employees to and
                    from the training facility;
                        ``(iii) room and board of those employees when at
                    the training facility; and
                        ``(iv) travel expenses of individuals providing the
                    training;
                ``(B) by the State, political subdivision, or Indian tribe
            to provide the training; and
                ``(C) to make an agreement with a person (including an
            authority of a State, a political subdivision of a State or
            Indian tribe, or a local jurisdiction), subject to approval by
            the Secretary, to provide the training if--

    [[Page 129 STAT. 1591]]

                        ``(i) the agreement allows the Secretary and the
                    State or Indian tribe to conduct random examinations,
                    inspections, and audits of the training without prior
                    notice;
                        ``(ii) the person agrees to have an auditable
                    accounting system; and
                        ``(iii) the State or Indian tribe conducts at least
                    one on-site observation of the training each year.

        ``(6) The Secretary shall allocate amounts made available for grants
    under this subsection among eligible States and Indian tribes based on
    the needs of the States and Indian tribes for emergency response
    planning and training. In making a decision about those needs, the
    Secretary shall consider--
                ``(A) the number of hazardous material facilities in the
            State or on land under the jurisdiction of the Indian tribe;
                ``(B) the types and amounts of hazardous material
            transported in the State or on such land;
                ``(C) whether the State or Indian tribe imposes and collects
            a fee for transporting hazardous material;
                ``(D) whether such fee is used only to carry out a purpose
            related to transporting hazardous material;
                ``(E) the past record of the State or Indian tribe in
            effectively managing planning and training grants; and
                ``(F) any other factors the Secretary determines are
            appropriate to carry out this subsection.''.

        (b) Technical and Conforming Amendments.--
                (1) Section 5108(g) of title 49, United States Code, is
            amended by striking ``5116(i)'' each place it appears and
            inserting ``5116(h)''.
                (2) Section 5116 of such title is amended--
                        (A) in subsection (d), as so redesignated, by
                    striking ``subsections (a)(2)(A) and (b)(2)(A)'' and
                    inserting ``subsection (a)(3)(A)'';
                        (B) in subsection (h), as so redesignated--
                              (i) in paragraph (1) by inserting ``and
                          section 5107(e)'' after ``section'';
                              (ii) in paragraph (2) by striking ``(f)'' and
                          inserting ``(e)''; and
                              (iii) in paragraph (4) by striking
                          ``5108(g)(2) and 5115'' and inserting ``5107(e)
                          and 5108(g)(2)'';
                        (C) in subsection (i), as so redesignated, by
                    striking ``subsection (b)'' and inserting ``subsection
                    (a)''; and
                        (D) in subsection (j), as so redesignated--
                              (i) by striking ``planning grants allocated
                          under subsection (a), training grants under
                          subsection (b), and grants under subsection (j) of
                          this section and under section 5107'' and
                          inserting ``planning and training grants under
                          subsection (a) and grants under subsection (i) of
                          this section and under subsections (e) and (i) of
                          section 5107''; and
                              (ii) by redesignating subparagraphs (A)
                          through (D) as paragraphs (1) through (4),
                          respectively.

        (c) <<NOTE: 49 USC 5116 note.>> Savings Clause.--Nothing in this
    section may be construed to prohibit the Secretary from recovering and
    deobligating funds from grants that are not managed or expended in
    compliance with a grant agreement.

    [[Page 129 STAT. 1592]]

    SEC. 7204. IMPROVING PUBLICATION OF SPECIAL PERMITS AND APPROVALS.

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

        ``(g) Disclosure of Final Action.--The Secretary shall periodically,
    but at least every 120 days--
                ``(1) publish in the Federal Register notice of the final
            disposition of each application for a new special permit,
            modification to an existing special permit, or approval during
            the preceding quarter; and
                ``(2) make available to the public on the Department of
            Transportation's Internet Web site notice of the final
            disposition of any other special permit during the preceding
            quarter.''.
    SEC. 7205. ENHANCED REPORTING.

        Section 5121(h) of title 49, United States Code, is amended by
    striking ``transmit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate'' and inserting
    ``make available to the public on the Department of Transportation's
    Internet Web site''.
    SEC. 7206. WETLINES.

        (a) Withdrawal.--Not later than 30 days after the date of enactment
    of this Act, the Secretary shall withdraw the proposed rule described in
    the notice of proposed rulemaking issued on January 27, 2011, entitled
    ``Safety Requirements for External Product Piping on Cargo Tanks
    Transporting Flammable Liquids'' (76 Fed. Reg. 4847).
        (b) Savings Clause.--Nothing in this section shall prohibit the
    Secretary from issuing standards or regulations regarding the safety of
    external product piping on cargo tanks transporting flammable liquids
    after the withdrawal is carried out pursuant to subsection (a).
    SEC. 7207. <<NOTE: 49 USC 5103 note.>> GAO STUDY ON ACCEPTANCE OF
                              CLASSIFICATION EXAMINATIONS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Comptroller General of the United States

    [[Page 129 STAT. 1593]]

    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 180 days after receiving the report
    required under subsection (a), the Secretary shall make available to the
    public a plan describing any actions the Secretary will take to
    establish standards, metrics, and protocols based on the findings and
    recommendations in the report to ensure that persons approved to perform
    classification examinations required under section 173.56(b) of title
    49, Code of Federal Regulations, can sufficiently perform such
    examinations in a manner that meets the hazardous materials regulations.
        (d) Regulations.--If the report required under subsection (a)
    recommends new regulations in order for the Secretary to have confidence
    in the accuracy of classification recommendations rendered by persons
    approved to perform classification examinations required under section
    173.56(b) of title 49, Code of Federal Regulations, the Secretary shall
    consider such recommendations, and if determined appropriate, issue
    regulations to address the recommendations not later than 18 months
    after the date of the publication of the plan under subsection (c).
    SEC. 7208. <<NOTE: 49 USC 31305 note.>> HAZARDOUS MATERIALS
                              ENDORSEMENT EXEMPTION.

        The Secretary shall allow a State, at the discretion of the State,
    to waive the requirement for a holder of a Class A commercial driver's
    license to obtain a hazardous materials endorsement under

    [[Page 129 STAT. 1594]]

    part 383 of title 49, Code of Federal Regulations, if the license
    holder--
                (1) is acting within the scope of the license holder's
            employment as an employee of a custom harvester operation,
            agrichemical business, farm retail outlet and supplier, or
            livestock feeder; and
                (2) is operating a service vehicle that is--
                        (A) transporting diesel in a quantity of 3,785
                    liters (1,000 gallons) or less; and
                        (B) clearly marked with a ``flammable'' or
                    ``combustible'' placard, as appropriate.

          Subtitle C--Safe Transportation of Flammable Liquids by Rail

    SEC. 7301. COMMUNITY SAFETY GRANTS.

        Section 5107 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(i) Community Safety Grants.--The Secretary shall establish a
    competitive program for making grants to nonprofit organizations for--
                ``(1) conducting national outreach and training programs to
            assist communities in preparing for and responding to accidents
            and incidents involving the transportation of hazardous
            materials, including Class 3 flammable liquids by rail; and
                ``(2) training State and local personnel responsible for
            enforcing the safe transportation of hazardous materials,
            including Class 3 flammable liquids.''.
    SEC. 7302. <<NOTE: 49 USC 20103 note.>> REAL-TIME EMERGENCY
                              RESPONSE INFORMATION.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary, in consultation with appropriate Federal
    agencies, shall issue regulations that--
                (1) require a Class I railroad transporting hazardous
            materials--
                        (A) to generate accurate, real-time, and electronic
                    train consist information, including--
                              (i) the identity, quantity, and location of
                          hazardous materials on a train;
                              (ii) the point of origin and destination of
                          the train;
                              (iii) any emergency response information or
                          resources required by the Secretary; and
                              (iv) an emergency response point of contact
                          designated by the Class I railroad; and
                        (B) to enter into a memorandum of understanding with
                    each applicable fusion center to provide the fusion
                    center with secure and confidential access to the
                    electronic train consist information described in
                    subparagraph (A) for each train transporting hazardous
                    materials in the jurisdiction of the fusion center;
                (2) require each applicable fusion center to provide the
            electronic train consist information described in paragraph
            (1)(A) to State and local first responders, emergency response
            officials, and law enforcement personnel that are involved in
            the response to or investigation of an accident, incident, or

    [[Page 129 STAT. 1595]]

            public health or safety emergency involving the rail
            transportation of hazardous materials and that request such
            electronic train consist information;
                (3) require each Class I railroad to provide advanced
            notification and information on high-hazard flammable trains to
            each State emergency response commission, consistent with the
            notification content requirements in Emergency Order Docket No.
            DOT-OST-2014-0067, including--
                        (A) a reasonable estimate of the number of
                    implicated trains that are expected to travel, per week,
                    through each county within the applicable State;
                        (B) updates to such estimate prior to making any
                    material changes to any volumes or frequencies of trains
                    traveling through a county;
                        (C) identification and a description of the Class 3
                    flammable liquid being transported on such trains;
                        (D) applicable emergency response information, as
                    required by regulation;
                        (E) identification of the routes over which such
                    liquid will be transported; and
                        (F) a point of contact at the Class I railroad
                    responsible for serving as the point of contact for
                    State emergency response centers and local emergency
                    responders related to the Class I railroad's
                    transportation of such liquid.
                (4) require each applicable State emergency response
            commission to provide to a political subdivision of a State, or
            public agency responsible for emergency response or law
            enforcement, upon request of the political subdivision or public
            agency, the information the commission receives from a Class I
            railroad pursuant to paragraph (3), including, for any such
            political subdivision or public agency responsible for emergency
            response or law enforcement that makes an initial request for
            such information, any updates received by the State emergency
            response commission.
                (5) prohibit any Class I railroad, employee, or agent from
            withholding, or causing to be withheld, the train consist
            information from first responders, emergency response officials,
            and law enforcement personnel described in paragraph (2) in the
            event of an incident, accident, or public health or safety
            emergency involving the rail transportation of hazardous
            materials;
                (6) establish security and confidentiality protections,
            including protections from the public release of proprietary
            information or security-sensitive information, to prevent the
            release to unauthorized persons any electronic train consist
            information or advanced notification or information provided by
            Class I railroads under this section; and
                (7) allow each Class I railroad to enter into a memorandum
            of understanding with any Class II railroad or Class III
            railroad that operates trains over the Class I railroad's line
            to incorporate the Class II railroad or Class III railroad's
            train consist information within the existing framework
            described in paragraph (1).

        (b) Definitions.--In this section:
                (1) Applicable fusion center.--The term ``applicable fusion
            center'' means a fusion center with responsibility for a
            geographic area in which a Class I railroad operates.

    [[Page 129 STAT. 1596]]

                (2) Class i railroad; class ii railroad; class iii
            railroad.--The terms ``Class I railroad'', ``Class II
            railroad'', and ``Class III railroad'' have the meaning given
            those terms in section 20102 of title 49, United States Code.
                (3) Class 3 flammable liquid.--The term ``Class 3 flammable
            liquid'' has the meaning given the term flammable liquid in
            section 173.120(a) of title 49, Code of Federal Regulations.
                (4) Fusion center.--The term ``fusion center'' has the
            meaning given the term in section 210A(j) of the Homeland
            Security Act of 2002 (6 U.S.C. 124h(j)).
                (5) Hazardous material.--The term ``hazardous material''
            means a substance or material the Secretary designates as
            hazardous under section 5103 of title 49, United States Code.
                (6) High-hazard flammable train.--The term ``high-hazard
            flammable train'' means a single train transporting 20 or more
            tank cars loaded with a Class 3 flammable liquid in a continuous
            block or a single train transporting 35 or more tank cars loaded
            with a Class 3 flammable liquid throughout the train consist.
                (7) Train consist.--The term ``train consist'' includes,
            with regard to a specific train, the number of rail cars and the
            commodity transported by each rail car.

        (c) Savings Clause.--Nothing in this section may be construed to
    prohibit a Class I railroad from voluntarily entering into a memorandum
    of understanding, as described in subsection (a)(1)(B), with a State
    emergency response commission or an entity representing or including
    first responders, emergency response officials, and law enforcement
    personnel.
    SEC. 7303. EMERGENCY RESPONSE.

        (a) In General.--The Comptroller General of the United States shall
    conduct a study to determine whether limitations or weaknesses exist in
    the emergency response information carried by train crews transporting
    hazardous materials.
        (b) Contents.--In conducting the study under subsection (a), the
    Comptroller General shall evaluate the differences between the emergency
    response information carried by train crews transporting hazardous
    materials and the emergency response guidance provided in the Emergency
    Response Guidebook issued by the Department of Transportation.
        (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall transmit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report of the findings of the study under subsection (a) and any
    recommendations for legislative action.
    SEC. 7304. <<NOTE: 49 USC 20155 note.>> PHASE-OUT OF ALL TANK CARS
                              USED TO TRANSPORT CLASS 3 FLAMMABLE
                              LIQUIDS.

        (a) In General.--Except as provided for in subsection (b), beginning
    on the date of enactment of this Act, all DOT-111 specification railroad
    tank cars used to transport Class 3 flammable liquids shall meet the
    DOT-117, DOT-117P, or DOT-117R specifications in part 179 of title 49,
    Code of Federal Regulations, regardless of train composition.
        (b) Phase-Out Schedule.--Certain tank cars not meeting DOT-117, DOT-
    117P, or DOT-117R specifications on the date of

    [[Page 129 STAT. 1597]]

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

        (e) Savings Clause.--Nothing in this section shall be construed to
    prohibit the Secretary from implementing the final rule issued on May
    08, 2015, entitled ``Enhanced Tank Car Standards and Operational
    Controls for High-Hazard Flammable Trains'' (80 Fed. Reg. 26643), other
    than the provisions of the final rule that are inconsistent with this
    section.
        (f) Class 3 Flammable Liquid Defined.--In this section, the term
    ``Class 3 flammable liquid'' has the meaning given the term flammable
    liquid in section 173.120(a) of title 49, Code of Federal Regulations.
    SEC. 7305. <<NOTE: 49 USC 20155 note.>> 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

    [[Page 129 STAT. 1598]]

    to meet the DOT-117R specification be equipped with an insulating
    blanket with at least \1/2\-inch-thick material that has been approved
    by the Secretary pursuant to section 179.18(c) of title 49, Code of
    Federal Regulations.
        (b) Savings Clause.--Nothing in this section shall prohibit the
    Secretary from approving new or alternative technologies or materials as
    they become available that provide a level of safety at least equivalent
    to the level of safety provided for under subsection (a).
    SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION FOR
                              CLASS DOT-117R TANK CARS.

        (a) Protective Housing.--Except as provided in subsections (b) and
    (c), top fittings on DOT specification 117R tank cars shall be located
    inside a protective housing not less than \1/2\-inch in thickness and
    constructed of a material having a tensile strength not less than 65
    kilopound per square inch and conform to the following specifications:
                (1) The protective housing shall be as tall as the tallest
            valve or fitting involved and the height of a valve or fitting
            within the protective housing must be kept to the minimum
            compatible with their proper operation.
                (2) The protective housing or cover may not reduce the flow
            capacity of the pressure relief device below the minimum
            required.
                (3) The protective housing shall provide a means of drainage
            with a minimum flow area equivalent to six 1-inch diameter
            holes.
                (4) When connected to the nozzle or fittings cover plate and
            subject to a horizontal force applied perpendicular to and
            uniformly over the projected plane of the protective housing,
            the tensile connection strength of the protective housing shall
            be designed to be--
                        (A) no greater than 70 percent of the nozzle to tank
                    tensile connection strength;
                        (B) no greater than 70 percent of the cover plate to
                    nozzle connection strength; and
                        (C) no less than either 40 percent of the nozzle to
                    tank tensile connection strength or the shear strength
                    of twenty \1/2\-inch bolts.

        (b) Pressure Relief Devices.--
                (1) The pressure relief device shall be located inside the
            protective housing, unless space does not permit. If multiple
            pressure relief devices are equipped, no more than 1 may be
            located outside of a protective housing.
                (2) The highest point on any pressure relief device located
            outside of a protective housing may not be more than 12 inches
            above the tank jacket.
                (3) The highest point on the closure of any unused pressure
            relief device nozzle may not be more than 6 inches above the
            tank jacket.

        (c) Alternative Protection.--As an alternative to the protective
    housing requirements in subsection (a) of this section, the tank car may
    be equipped with a system that prevents the release of product from any
    top fitting in the case of an incident where any top fitting would be
    sheared off.

    [[Page 129 STAT. 1599]]

        (d) Implementation.--Nothing in this section shall be construed to
    require the Secretary to issue regulations to implement this section.
        (e) Savings Clause.--Nothing in this section shall prohibit the
    Secretary from approving new technologies, methods or requirements that
    provide a level of safety equivalent to or greater than the level of
    safety provided for in this section.
    SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE PLANS.

        The Secretary shall, not later than 30 days after the date of
    enactment of this Act and every 90 days thereafter until a final rule
    based on the advanced notice of proposed rulemaking issued on August 1,
    2014, entitled ``Hazardous Materials: Oil Spill Response Plans for High-
    Hazard Flammable Trains'' (79 Fed. Reg. 45079) is promulgated, notify
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate in writing of--
                (1) the status of such rulemaking;
                (2) any reasons why such final rule has not been
            implemented;
                (3) a plan for completing such final rule as soon as
            practicable; and
                (4) the estimated date of completion of such final rule.
    SEC. 7308. <<NOTE: 49 USC 20155 note.>> MODIFICATION REPORTING.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary shall implement a reporting requirement to
    monitor industry-wide progress toward modifying rail tank cars used to
    transport Class 3 flammable liquids by the applicable deadlines
    established in section 7304.
        (b) Tank Car Data.--The Secretary shall collect data from shippers
    and rail tank car owners on--
                (1) the total number of tank cars modified to meet the DOT-
            117R specification, or equivalent, specifying--
                        (A) the type or specification of each tank car
                    before it was modified, including non-jacketed DOT-111,
                    jacketed DOT-111, non-jacketed DOT-111 meeting the CPC-
                    1232 standard, or jacketed DOT-111 meeting the CPC-1232
                    standard; and
                        (B) the identification number of each Class 3
                    flammable liquid carried by each tank car in the past
                    year;
                (2) the total number of tank cars built to meet the DOT-117
            specification, or equivalent; and
                (3) the total number of tank cars used or likely to be used
            to transport Class 3 flammable liquids that have not been
            modified, specifying--
                        (A) the type or specification of each tank car not
                    modified, including the non-jacketed DOT-111, jacketed
                    DOT-111, non-jacketed DOT-111 meeting the CPC-1232
                    standard, or jacketed DOT-111 meeting the CPC-1232
                    standard; and
                        (B) the identification number of each Class 3
                    flammable liquid carried by each tank car in the past
                    year.

        (c) Tank Car Shop Data.--The Secretary shall conduct a survey of
    tank car facilities modifying tank cars to the DOT-117R specification,
    or equivalent, or building new tank cars to the DOT-117 specification,
    or equivalent, to generate statistically-

    [[Page 129 STAT. 1600]]

    valid estimates of the anticipated number of tank cars those facilities
    expect to modify to DOT-117R specification, or equivalent, or build to
    the DOT-117 specification, or equivalent.
        (d) Frequency.--The Secretary shall collect the data under
    subsection (b) and conduct the survey under subsection (c) annually
    until May 1, 2029.
        (e) Information Protections.--
                (1) In general.--The Secretary shall only report data in
            industry-wide totals and shall treat company-specific
            information as confidential business information.
                (2) Level of confidentiality.--The Secretary shall ensure
            the data collected under subsection (b) and the survey data
            under subsection (c) have the same level of confidentiality as
            required by the Confidential Information Protection and
            Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as
            administered by the Bureau of Transportation Statistics.
                (3) Designee.--The Secretary may--
                        (A) designate the Director of the Bureau of
                    Transportation Statistics to collect data under
                    subsection (b) and the survey data under subsection (c);
                    and
                        (B) direct the Director to ensure the confidentially
                    of company-specific information to the maximum extent
                    permitted by law.

        (f) Report.--Each year, not later than 60 days after the date that
    both the collection of the data under subsection (b) and the survey
    under subsection (c) are complete, the Secretary shall submit a written
    report on the aggregate results, without company-specific information,
    to--
                (1) the Committee on Commerce, Science, and Transportation
            of the Senate; and
                (2) the Committee on Transportation and Infrastructure of
            the House of Representatives.

        (g) Definition of Class 3 Flammable Liquid.--In this section, the
    term ``Class 3 flammable liquid'' has the meaning given the term
    flammable liquid in section 173.120 of title 49, Code of Federal
    Regulations.
    SEC. 7309. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH STUDY.

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

    [[Page 129 STAT. 1601]]

                        (B) legislation to improve the safe transport of
                    crude oil.
    SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.

        (a) In General.--Not later than 120 days after the date of enactment
    of this Act, the Secretary shall initiate a study on the levels and
    structure of insurance for railroad carriers transporting hazardous
    materials.
        (b) Contents.--ln conducting the study under subsection (a), the
    Secretary shall evaluate--
                (1) the level and structure of insurance, including self-
            insurance, available in the private market against the full
            liability potential for damages arising from an accident or
            incident involving a train transporting hazardous materials;
                (2) the level and structure of insurance that would be
            necessary and appropriate--
                        (A) to efficiently allocate risk and financial
                    responsibility for claims; and
                        (B) to ensure that a railroad carrier transporting
                    hazardous materials can continue to operate despite the
                    risk of an accident or incident; and
                (3) the potential applicability, for a train transporting
            hazardous materials, of an alternative insurance model,
            including--
                        (A) a secondary liability coverage pool or pools to
                    supplement commercial insurance; and
                        (B) other models administered by the Federal
                    Government.

        (c) Report.--Not later than 1 year after the date the study under
    subsection (a) is initiated, the Secretary shall submit a report
    containing the results of the study and recommendations for addressing
    liability issues with rail transportation of hazardous materials to--
                (1) the Committee on Commerce, Science, and Transportation
            of the Senate; and
                (2) the Committee on Transportation and Infrastructure of
            the House of Representatives.

        (d) Definitions.--ln this section:
                (1) Hazardous material.--The term ``hazardous material''
            means a substance or material the Secretary designates as
            hazardous under section 5103 of title 49, United States Code.
                (2) Railroad carrier.--The term ``railroad carrier'' has the
            meaning given the term in section 20102 of title 49, United
            States Code.
    SEC. 7311. <<NOTE: 49 USC 20141 note.>> STUDY AND TESTING OF
                              ELECTRONICALLY CONTROLLED PNEUMATIC
                              BRAKES.

        (a) Government Accountability Office Study.--
                (1) In general.--The Comptroller General of the United
            States shall conduct an independent evaluation of ECP brake
            systems, pilot program data, and the Department's research and
            analysis on the costs, benefits, and effects of ECP brake
            systems.
                (2) Study elements.--In completing the independent
            evaluation under paragraph (1), the Comptroller General shall
            examine the following issues related to ECP brake systems:

    [[Page 129 STAT. 1602]]

                        (A) Data and modeling results on safety benefits
                    relative to conventional brakes and to other braking
                    technologies or systems, such as distributed power and
                    2-way end-of-train devices.
                        (B) Data and modeling results on business benefits,
                    including the effects of dynamic braking.
                        (C) Data on costs, including up-front capital costs
                    and on-going maintenance costs.
                        (D) Analysis of potential operational benefits and
                    challenges, including the effects of potential
                    locomotive and car segregation, technical reliability
                    issues, and network disruptions.
                        (E) Analysis of potential implementation challenges,
                    including installation time, positive train control
                    integration complexities, component availability issues,
                    and tank car shop capabilities.
                        (F) Analysis of international experiences with the
                    use of advanced braking technologies.
                (3) Report.--Not later than 18 months after the date of
            enactment of this Act, the Comptroller General shall transmit to
            the Committee on Transportation and Infrastructure of the House
            of Representatives and the Committee on Commerce, Science, and
            Transportation of the Senate a report on the results of the
            independent evaluation under paragraph (1).

        (b) Emergency Braking Application Testing.--
                (1) In general.--The Secretary shall enter into an agreement
            with the National Academy of Sciences to--
                        (A) complete testing of ECP brake systems during
                    emergency braking application, including more than 1
                    scenario involving the uncoupling of a train with 70 or
                    more DOT-117 specification or DOT-117R specification
                    tank cars; and
                        (B) transmit, not later than 18 months after the
                    date of enactment of this Act, to the Committee on
                    Transportation and Infrastructure of the House of
                    Representatives and the Committee on Commerce, Science,
                    and Transportation of the Senate a report on the results
                    of the testing.
                (2) Independent experts.--In completing the testing under
            paragraph (1)(A), the National Academy of Sciences may contract
            with 1 or more engineering or rail experts, as appropriate,
            that--
                        (A) are not railroad carriers, entities funded by
                    such carriers, or entities directly impacted by the
                    final rule issued on May 8, 2015, entitled ``Enhanced
                    Tank Car Standards and Operational Controls for High-
                    Hazard Flammable Trains'' (80 Fed. Reg. 26643); and
                        (B) have relevant experience in conducting railroad
                    safety technology tests or similar crash tests.
                (3) Testing framework.--In completing the testing under
            paragraph (1), the National Academy of Sciences and each
            contractor described in paragraph (2) shall ensure that the
            testing objectively, accurately, and reliably measures the
            performance of ECP brake systems relative to other braking
            technologies or systems, such as distributed power and 2-way
            end-of-train devices, including differences in--
                        (A) the number of cars derailed;
                        (B) the number of cars punctured;

    [[Page 129 STAT. 1603]]

                        (C) the measures of in-train forces; and
                        (D) the stopping distance.
                (4) Funding.--The Secretary shall provide funding, as part
            of the agreement under paragraph (1), to the National Academy of
            Sciences for the testing required under this section--
                        (A) using sums made available to carry out sections
                    20108 and 5118 of title 49, United States Code; and
                        (B) to the extent funding under subparagraph (A) is
                    insufficient or unavailable to fund the testing required
                    under this section, using such sums as are necessary
                    from the amounts appropriated to the Secretary, the
                    Federal Railroad Administration, or the Pipeline and
                    Hazardous Materials Safety Administration, or a
                    combination thereof.
                (5) Equipment.--
                        (A) Receipt.--The National Academy of Sciences and
                    each contractor described in paragraph (2) may receive
                    or use rolling stock, track, and other equipment or
                    infrastructure from a railroad carrier or other private
                    entity for the purposes of conducting the testing
                    required under this section.
                        (B) Contracted use.--Notwithstanding paragraph
                    (2)(A), to facilitate testing, the National Academy of
                    Sciences and each contractor may contract with a
                    railroad carrier or any other private entity for the use
                    of such carrier or entity's rolling stock, track, or
                    other equipment and receive technical assistance on
                    their use.

        (c) Evidence-Based Approach.--
                (1) Analysis.--The Secretary shall--
                        (A) not later than 90 days after the report date,
                    fully incorporate the results of the evaluation under
                    subsection (a) and the testing under subsection (b) and
                    update the regulatory impact analysis of the final rule
                    described in subsection (b)(2)(A) of the costs,
                    benefits, and effects of the applicable ECP brake system
                    requirements;
                        (B) as soon as practicable after completion of the
                    updated analysis under subparagraph (A), solicit public
                    comment in the Federal Register on the analysis for a
                    period of not more than 30 days; and
                        (C) not later than 60 days after the end of the
                    public comment period under subparagraph (B), post the
                    final updated regulatory impact analysis on the
                    Department of Transportation's Internet Web site.
                (2) Determination.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall--
                        (A) determine, based on whether the final regulatory
                    impact analysis described in paragraph (1)(C)
                    demonstrates that the benefits, including safety
                    benefits, of the applicable ECP brake system
                    requirements exceed the costs of such requirements,
                    whether the applicable ECP brake system requirements are
                    justified;
                        (B) if the applicable ECP brake system requirements
                    are justified, publish in the Federal Register the
                    determination and reasons for such determination; and
                        (C) if the Secretary does not publish the
                    determination under subparagraph (B), repeal the
                    applicable ECP brake system requirements.

    [[Page 129 STAT. 1604]]

                (3) Savings clause.--Nothing in this section shall be
            construed to prohibit the Secretary from implementing the final
            rule described under subsection (b)(2)(A) prior to the
            determination required under subsection (c)(2) of this section,
            or require the Secretary to promulgate a new rule on the
            provisions of such final rule, other than on the applicable ECP
            brake system requirements, if the Secretary does not determine
            that the applicable ECP brake system requirements are justified
            pursuant to this subsection.

        (d) Definitions.--In this section, the following definitions apply:
                (1) Applicable ecp brake system requirements.--The term
            ``applicable ECP brake system requirements'' means sections
            174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v),
            179.202-10, 179.202-12(g), and 179.202-13(i) of title 49, Code
            of Federal Regulations, and any other regulation in effect on
            the date of enactment of this Act requiring the installation of
            ECP brakes or operation in ECP brake mode.
                (2) Class 3 flammable liquid.--The term ``Class 3 flammable
            liquid'' has the meaning given the term flammable liquid in
            section 173.120(a) of title 49, Code of Federal Regulations.
                (3) ECP.--The term ``ECP'' means electronically controlled
            pneumatic when applied to a brake or brakes.
                (4) ECP brake mode.--The term ``ECP brake mode'' includes
            any operation of a rail car or an entire train using an ECP
            brake system.
                (5) ECP brake system.--
                        (A) In general.--The term ``ECP brake system'' means
                    a train power braking system actuated by compressed air
                    and controlled by electronic signals from the locomotive
                    or an ECP-EOT to the cars in the consist for service and
                    emergency applications in which the brake pipe is used
                    to provide a constant supply of compressed air to the
                    reservoirs on each car but does not convey braking
                    signals to the car.
                        (B) Inclusions.--The term ``ECP brake system''
                    includes dual mode and stand-alone ECP brake systems.
                (6) Railroad carrier.--The term ``railroad carrier'' has the
            meaning given the term in section 20102 of title 49, United
            States Code.
                (7) Report date.--The term ``report date'' means the date
            that the reports under subsections (a)(3) and (b)(1)(B) are
            required to be transmitted pursuant to those subsections.

                  TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

    SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.

        (a) In General.--Subtitle IX of title 49, <<NOTE: 49 USC prec.
    70101.>> United States Code, is amended to read as follows:

    [[Page 129 STAT. 1605]]

                ``Subtitle IX--Multimodal Freight Transportation

    ``Chapter                                                           Sec.
    ``701. Multimodal freight policy.................................. 70101
    ``702. 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. <<NOTE: 49 USC 70101.>> National multimodal freight
                        policy

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

    [[Page 129 STAT. 1606]]

                ``(10) to pursue the goals described in this subsection in a
            manner that is not burdensome to State and local governments.

        ``(c) Implementation.--The Under Secretary of Transportation for
    Policy, who shall be responsible for the oversight and implementation of
    the national multimodal freight policy, shall--
                ``(1) carry out sections 70102 and 70103;
                ``(2) assist with the coordination of modal freight
            planning; and
                ``(3) identify interagency data sharing opportunities to
            promote freight planning and coordination.
    ``Sec. 70102. <<NOTE: 49 USC 70102.>> National freight strategic
                        plan

        ``(a) In General.--Not later than 2 years after the date of
    enactment of this section, the Under Secretary of Transportation for
    Policy shall--
                ``(1) develop a national freight strategic plan in
            accordance with this section; and
                ``(2) publish the plan on the public Internet Web site of
            the Department of Transportation.

        ``(b) Contents.--The national freight strategic plan shall include--
                ``(1) an assessment of the condition and performance of the
            National Multimodal Freight Network established under section
            70103;
                ``(2) forecasts of freight volumes for the succeeding 5-,
            10-, and 20-year periods;
                ``(3) an identification of major trade gateways and national
            freight corridors that connect major population centers, trade
            gateways, and other major freight generators;
                ``(4) an identification of bottlenecks on the National
            Multimodal Freight Network that create significant freight
            congestion, based on a quantitative methodology developed by the
            Under Secretary, which shall include, at a minimum--
                        ``(A) information from the Freight Analysis
                    Framework of the Federal Highway Administration; and
                        ``(B) to the maximum extent practicable, an estimate
                    of the cost of addressing each bottleneck and any
                    operational improvements that could be implemented;
                ``(5) an assessment of statutory, regulatory, technological,
            institutional, financial, and other barriers to improved freight
            transportation performance, and a description of opportunities
            for overcoming the barriers;
                ``(6) a process for addressing multistate projects and
            encouraging jurisdictions to collaborate;
                ``(7) strategies to improve freight intermodal connectivity;
                ``(8) an identification of corridors providing access to
            energy exploration, development, installation, or production
            areas;
                ``(9) an identification of corridors providing access to
            major areas for manufacturing, agriculture, or natural
            resources;
                ``(10) an identification of best practices for improving the
            performance of the National Multimodal Freight Network,
            including critical commerce corridors and rural and urban access
            to critical freight corridors; and
                ``(11) an identification of best practices to mitigate the
            impacts of freight movement on communities.

    [[Page 129 STAT. 1607]]

        ``(c) Updates.--Not later than 5 years after the date of completion
    of the national freight strategic plan under subsection (a), and every 5
    years thereafter, the Under Secretary shall update the plan and publish
    the updated plan on the public Internet Web site of the Department of
    Transportation.
        ``(d) Consultation.--The Under Secretary shall develop and update
    the national freight strategic plan--
                ``(1) after providing notice and an opportunity for public
            comment; and
                ``(2) in consultation with State departments of
            transportation, metropolitan planning organizations, and other
            appropriate public and private transportation stakeholders.
    ``Sec. 70103. <<NOTE: 49 USC 70103.>> National Multimodal Freight
                        Network

        ``(a) In General.--The Under Secretary of Transportation for Policy
    shall establish a National Multimodal Freight Network in accordance with
    this section--
                ``(1) to assist States in strategically directing resources
            toward improved system performance for the efficient movement of
            freight on the Network;
                ``(2) to inform freight transportation planning;
                ``(3) to assist in the prioritization of Federal investment;
            and
                ``(4) to assess and support Federal investments to achieve
            the national multimodal freight policy goals described in
            section 70101(b) of this title and the national highway freight
            program goals described in section 167 of title 23.

        ``(b) Interim Network.--
                ``(1) In general.--Not later than 180 days after the date of
            enactment of this section, the Under Secretary shall establish
            an interim National Multimodal Freight Network in accordance
            with this subsection.
                ``(2) Network components.--The interim National Multimodal
            Freight Network shall include--
                        ``(A) the National Highway Freight Network, as
                    established under section 167 of title 23;
                        ``(B) the freight rail systems of Class I railroads,
                    as designated by the Surface Transportation Board;
                        ``(C) the public ports of the United States that
                    have total annual foreign and domestic trade of at least
                    2,000,000 short tons, as identified by the Waterborne
                    Commerce Statistics Center of the Army Corps of
                    Engineers, using the data from the latest year for which
                    such data is available;
                        ``(D) the inland and intracoastal waterways of the
                    United States, as described in section 206 of the Inland
                    Waterways Revenue Act of 1978 (33 U.S.C. 1804);
                        ``(E) the Great Lakes, the St. Lawrence Seaway, and
                    coastal and ocean routes along which domestic freight is
                    transported;
                        ``(F) the 50 airports located in the United States
                    with the highest annual landed weight, as identified by
                    the Federal Aviation Administration; and
                        ``(G) other strategic freight assets, including
                    strategic intermodal facilities and freight rail lines
                    of Class II and Class III railroads, designated by the
                    Under Secretary as critical to interstate commerce.

    [[Page 129 STAT. 1608]]

        ``(c) Final Network.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of this section, the Under Secretary, after soliciting
            input from stakeholders, including multimodal freight system
            users, transportation providers, metropolitan planning
            organizations, local governments, ports, airports, railroads,
            and States, through a public process to identify critical
            freight facilities and corridors, including critical commerce
            corridors, that are vital to achieve the national multimodal
            freight policy goals described in section 70101(b) of this title
            and the national highway freight program goals described in
            section 167 of title 23, and after providing notice and an
            opportunity for comment on a draft system, shall designate a
            National Multimodal Freight Network with the goal of--
                        ``(A) improving network and intermodal connectivity;
                    and
                        ``(B) using measurable data as part of the
                    assessment of the significance of freight movement,
                    including the consideration of points of origin,
                    destinations, and linking components of domestic and
                    international supply chains.
                ``(2) Factors.--In designating or redesignating the National
            Multimodal Freight Network, the Under Secretary shall consider--
                        ``(A) origins and destinations of freight movement
                    within, to, and from the United States;
                        ``(B) volume, value, tonnage, and the strategic
                    importance of freight;
                        ``(C) access to border crossings, airports,
                    seaports, and pipelines;
                        ``(D) economic factors, including balance of trade;
                        ``(E) access to major areas for manufacturing,
                    agriculture, or natural resources;
                        ``(F) access to energy exploration, development,
                    installation, and production areas;
                        ``(G) intermodal links and intersections that
                    promote connectivity;
                        ``(H) freight choke points and other impediments
                    contributing to significant measurable congestion, delay
                    in freight movement, or inefficient modal connections;
                        ``(I) impacts on all freight transportation modes
                    and modes that share significant freight infrastructure;
                        ``(J) facilities and transportation corridors
                    identified by a multi-State coalition, a State, a State
                    freight advisory committee, or a metropolitan planning
                    organization, using national or local data, as having
                    critical freight importance to the region;
                        ``(K) major distribution centers, inland intermodal
                    facilities, and first- and last-mile facilities; and
                        ``(L) the significance of goods movement, including
                    consideration of global and domestic supply chains.
                ``(3) Considerations.--In designating or redesignating the
            National Multimodal Freight Network, the Under Secretary shall--
                        ``(A) use, to the extent practicable, measurable
                    data to assess the significance of goods movement,
                    including the consideration of points of origin,
                    destinations, and

    [[Page 129 STAT. 1609]]

                    linking components of the United States global and
                    domestic supply chains;
                        ``(B) consider--
                              ``(i) the factors described in paragraph (2);
                          and
                              ``(ii) any changes in the economy that affect
                          freight transportation network demand; and
                        ``(C) provide the States with an opportunity to
                    submit proposed designations in accordance with
                    paragraph (4).
                ``(4) State input.--
                        ``(A) In general.--Each State that proposes
                    additional designations for the National Multimodal
                    Freight Network shall--
                              ``(i) consider nominations for additional
                          designations from metropolitan planning
                          organizations and State freight advisory
                          committees, as applicable, within the State;
                              ``(ii) consider nominations for additional
                          designations from owners and operators of port,
                          rail, pipeline, and airport facilities; and
                              ``(iii) ensure that additional designations
                          are consistent with the State transportation
                          improvement program or freight plan.
                        ``(B) Critical rural freight facilities and
                    corridors.--As part of the designations under
                    subparagraph (A), a State may designate a freight
                    facility or corridor within the borders of the State as
                    a critical rural freight facility or corridor if the
                    facility or corridor--
                              ``(i) is a rural principal arterial;
                              ``(ii) provides access or service to energy
                          exploration, development, installation, or
                          production areas;
                              ``(iii) provides access or service to--
                                        ``(I) a grain elevator;
                                        ``(II) an agricultural facility;
                                        ``(III) a mining facility;
                                        ``(IV) a forestry facility; or
                                        ``(V) an intermodal facility;
                              ``(iv) connects to an international port of
                          entry;
                              ``(v) provides access to a significant air,
                          rail, water, or other freight facility in the
                          State; or
                              ``(vi) has been determined by the State to be
                          vital to improving the efficient movement of
                          freight of importance to the economy of the State.
                        ``(C) Limitation.--
                              ``(i) In general.--A State may propose
                          additional designations to the National Multimodal
                          Freight Network in the State in an amount that is
                          not more than 20 percent of the total mileage
                          designated by the Under Secretary in the State.
                              ``(ii) Determination by under secretary.--The
                          Under Secretary shall determine how to apply the
                          limitation under clause (i) to the components of
                          the National Multimodal Freight Network.
                        ``(D) Submission and certification.--A State shall
                    submit to the Under Secretary--
                              ``(i) a list of any additional designations
                          proposed to be added under this paragraph; and
                              ``(ii) a certification that--

    [[Page 129 STAT. 1610]]

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

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

        ``CHAPTER 702-- <<NOTE: 49 USC prec. 70201.>> MULTIMODAL FREIGHT
    TRANSPORTATION PLANNING AND INFORMATION

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

    ``Sec. 70201. <<NOTE: 49 USC 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. <<NOTE: 49 USC 70202.>> State freight plans

        ``(a) In General.--Each State that receives funding under section
    167 of title 23 shall develop a freight plan that provides a
    comprehensive plan for the immediate and long-range planning activities
    and investments of the State with respect to freight.
        ``(b) Plan Contents.--A State freight plan described in subsection
    (a) shall include, at a minimum--
                ``(1) an identification of significant freight system
            trends, needs, and issues with respect to the State;
                ``(2) a description of the freight policies, strategies, and
            performance measures that will guide the freight-related
            transportation investment decisions of the State;
                ``(3) when applicable, a listing of--
                        ``(A) multimodal critical rural freight facilities
                    and corridors designated within the State under section
                    70103 of this title; and

    [[Page 129 STAT. 1611]]

                        ``(B) critical rural and urban freight corridors
                    designated within the State under section 167 of title
                    23;
                ``(4) a description of how the plan will improve the ability
            of the State to meet the national multimodal freight policy
            goals described in section 70101(b) of this title and the
            national highway freight program goals described in section 167
            of title 23;
                ``(5) a description of how innovative technologies and
            operational strategies, including freight intelligent
            transportation systems, that improve the safety and efficiency
            of freight movement, were considered;
                ``(6) in the case of roadways on which travel by heavy
            vehicles (including mining, agricultural, energy cargo or
            equipment, and timber vehicles) is projected to substantially
            deteriorate the condition of the roadways, a description of
            improvements that may be required to reduce or impede the
            deterioration;
                ``(7) an inventory of facilities with freight mobility
            issues, such as bottlenecks, within the State, and for those
            facilities that are State owned or operated, a description of
            the strategies the State is employing to address the freight
            mobility issues;
                ``(8) consideration of any significant congestion or delay
            caused by freight movements and any strategies to mitigate that
            congestion or delay;
                ``(9) a freight investment plan that, subject to subsection
            (c)(2), includes a list of priority projects and describes how
            funds made available to carry out section 167 of title 23 would
            be invested and matched; and
                ``(10) consultation with the State freight advisory
            committee, if applicable.

        ``(c) Relationship to Long-Range Plan.--
                ``(1) Incorporation.--A State freight plan described in
            subsection (a) may be developed separately from or incorporated
            into the statewide strategic long-range transportation plan
            required by section 135 of title 23.
                ``(2) Fiscal constraint.--The freight investment plan
            component of a freight plan shall include a project, or an
            identified phase of a project, only if funding for completion of
            the project can reasonably be anticipated to be available for
            the project within the time period identified in the freight
            investment plan.

        ``(d) Planning Period.--A State freight plan described in subsection
    (a) shall address a 5-year forecast period.
        ``(e) Updates.--
                ``(1) In general.--A State shall update a State freight plan
            described in subsection (a) not less frequently than once every
            5 years.
                ``(2) Freight investment plan.--A State may update a freight
            investment plan described in subsection (b)(9) more frequently
            than is required under paragraph (1).
    ``Sec. 70203. <<NOTE: 49 USC 70203.>> Transportation investment
                        data and planning tools

        ``(a) In General.--Not later than 1 year after the date of enactment
    of this section, the Secretary of Transportation shall--
                ``(1) begin development of new tools and improvement of
            existing tools to support an outcome-oriented, performance-

    [[Page 129 STAT. 1612]]

            based approach to evaluate proposed freight-related and other
            transportation projects, including--
                        ``(A) methodologies for systematic analysis of
                    benefits and costs on a national or regional basis;
                        ``(B) tools for ensuring that the evaluation of
                    freight-related and other transportation projects could
                    consider safety, economic competitiveness, urban and
                    rural access, environmental sustainability, and system
                    condition in the project selection process;
                        ``(C) improved methods for data collection and trend
                    analysis;
                        ``(D) encouragement of public-private collaboration
                    to carry out data sharing activities while maintaining
                    the confidentiality of all proprietary data; and
                        ``(E) other tools to assist in effective
                    transportation planning;
                ``(2) identify transportation-related model data elements to
            support a broad range of evaluation methods and techniques to
            assist in making transportation investment decisions; and
                ``(3) at a minimum, in consultation with other relevant
            Federal agencies, consider any improvements to existing freight
            flow data collection efforts that could reduce identified
            freight data gaps and deficiencies and help improve forecasts of
            freight transportation demand.

        ``(b) Consultation.--The Secretary shall consult with Federal,
    State, and other stakeholders to develop, improve, and implement the
    tools and collect the data described in subsection (a).
    ``Sec. 70204. <<NOTE: 49 USC 70204.>>  Savings provision

        ``Nothing in this subtitle provides additional authority to regulate
    or direct private activity on freight networks designated under this
    subtitle.''.
        (b) Clerical Amendment.--The analysis of subtitles for title 49,
    United States Code, <<NOTE: 49 USC prec. 101.>>  is amended by striking
    the item relating to subtitle IX and inserting the following:

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

     TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

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

        (a) In General.--Chapter 1 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 116. <<NOTE: 49 USC 116.>>  National Surface Transportation
                    and Innovative Finance Bureau

        ``(a) Establishment.--The Secretary of Transportation shall
    establish a National Surface Transportation and Innovative Finance
    Bureau in the Department.
        ``(b) Purposes.--The purposes of the Bureau shall be--
                ``(1) to provide assistance and communicate best practices
            and financing and funding opportunities to eligible entities for
            the programs referred to in subsection (d)(1);

    [[Page 129 STAT. 1613]]

                ``(2) to administer the application processes for programs
            within the Department in accordance with subsection (d);
                ``(3) to promote innovative financing best practices in
            accordance with subsection (e);
                ``(4) to reduce uncertainty and delays with respect to
            environmental reviews and permitting in accordance with
            subsection (f); and
                ``(5) to reduce costs and risks to taxpayers in project
            delivery and procurement in accordance with subsection (g).

        ``(c) Executive Director.--
                ``(1) Appointment.--The Bureau shall be headed by an
            Executive Director, who shall be appointed in the competitive
            service by the Secretary, with the approval of the President.
                ``(2) Duties.--The Executive Director shall--
                        ``(A) report to the Under Secretary of
                    Transportation for Policy;
                        ``(B) be responsible for the management and
                    oversight of the daily activities, decisions,
                    operations, and personnel of the Bureau;
                        ``(C) support the Council on Credit and Finance
                    established under section 117 in accordance with this
                    section; and
                        ``(D) carry out such additional duties as the
                    Secretary may prescribe.

        ``(d) Administration of Certain Application Processes.--
                ``(1) In general.--The Bureau shall administer the
            application processes for the following programs:
                        ``(A) The infrastructure finance programs authorized
                    under chapter 6 of title 23.
                        ``(B) The railroad rehabilitation and improvement
                    financing program authorized under sections 501 through
                    503 of the Railroad Revitalization and Regulatory Reform
                    Act of 1976 (45 U.S.C. 821-823).
                        ``(C) Amount allocations authorized under section
                    142(m) of the Internal Revenue Code of 1986.
                        ``(D) The nationally significant freight and highway
                    projects program under section 117 of title 23.
                ``(2) Congressional notification.--The Executive Director
            shall ensure that the congressional notification requirements
            for each program referred to in paragraph (1) are followed in
            accordance with the statutory provisions applicable to the
            program.
                ``(3) Reports.--The Executive Director shall ensure that the
            reporting requirements for each program referred to in paragraph
            (1) are followed in accordance with the statutory provisions
            applicable to the program.
                ``(4) Coordination.--In administering the application
            processes for the programs referred to in paragraph (1), the
            Executive Director shall coordinate with appropriate officials
            in the Department and its modal administrations responsible for
            administering such programs.
                ``(5) Streamlining approval processes.--Not later than 1
            year after the date of enactment of this section, the Executive
            Director shall submit to the Committee on Transportation and

    [[Page 129 STAT. 1614]]

            Infrastructure of the House of Representatives and the Committee
            on Commerce, Science, and Transportation, the Committee on
            Banking, Housing, and Urban Affairs, and the Committee on
            Environment and Public Works of the Senate a report that--
                        ``(A) evaluates the application processes for the
                    programs referred to in paragraph (1);
                        ``(B) identifies administrative and legislative
                    actions that would improve the efficiency of the
                    application processes without diminishing Federal
                    oversight; and
                        ``(C) describes how the Executive Director will
                    implement administrative actions identified under
                    subparagraph (B) that do not require an Act of Congress.
                ``(6) Procedures and transparency.--
                        ``(A) Procedures.--With respect to the programs
                    referred to in paragraph (1), the Executive Director
                    shall--
                              ``(i) establish procedures for analyzing and
                          evaluating applications and for utilizing the
                          recommendations of the Council on Credit and
                          Finance;
                              ``(ii) establish procedures for addressing
                          late-arriving applications, as applicable, and
                          communicating the Bureau's decisions for accepting
                          or rejecting late applications to the applicant
                          and the public; and
                              ``(iii) document major decisions in the
                          application evaluation process through a decision
                          memorandum or similar mechanism that provides a
                          clear rationale for such decisions.
                        ``(B) Review.--
                              ``(i) In general.--The Comptroller General of
                          the United States shall review the compliance of
                          the Executive Director with the requirements of
                          this paragraph.
                              ``(ii) Recommendations.--The Comptroller
                          General may make recommendations to the Executive
                          Director in order to improve compliance with the
                          requirements of this paragraph.
                              ``(iii) Report.--Not later than 3 years after
                          the date of enactment of this section, the
                          Comptroller General shall submit to the Committee
                          on Transportation and Infrastructure of the House
                          of Representatives and the Committee on
                          Environment and Public Works, the Committee on
                          Banking, Housing, and Urban Affairs, and the
                          Committee on Commerce, Science, and Transportation
                          of the Senate a report on the results of the
                          review conducted under clause (i), including
                          findings and recommendations for improvement.

        ``(e) Innovative Financing Best Practices.--
                ``(1) In general.--The Bureau shall work with the modal
            administrations within the Department, eligible entities, and
            other public and private interests to develop and promote best
            practices for innovative financing and public-private
            partnerships.
                ``(2) Activities.--The Bureau shall carry out paragraph
            (1)--
                        ``(A) by making Federal credit assistance programs
                    more accessible to eligible recipients;

    [[Page 129 STAT. 1615]]

                        ``(B) by providing advice and expertise to eligible
                    entities that seek to leverage public and private
                    funding;
                        ``(C) by sharing innovative financing best practices
                    and case studies from eligible entities with other
                    eligible entities that are interested in utilizing
                    innovative financing methods; and
                        ``(D) by developing and monitoring--
                              ``(i) best practices with respect to
                          standardized State public-private partnership
                          authorities and practices, including best
                          practices related to--
                                        ``(I) accurate and reliable
                                    assumptions for analyzing public-private
                                    partnership procurements;
                                        ``(II) procedures for the handling
                                    of unsolicited bids;
                                        ``(III) policies with respect to
                                    noncompete clauses; and
                                        ``(IV) other significant terms of
                                    public-private partnership procurements,
                                    as determined appropriate by the Bureau;
                              ``(ii) standard contracts for the most common
                          types of public-private partnerships for
                          transportation facilities; and
                              ``(iii) analytical tools and other techniques
                          to aid eligible entities in determining the
                          appropriate project delivery model, including a
                          value for money analysis.
                ``(3) Transparency.--The Bureau shall--
                        ``(A) ensure the transparency of a project receiving
                    credit assistance under a program referred to in
                    subsection (d)(1) and procured as a public-private
                    partnership by--
                              ``(i) requiring the sponsor of the project to
                          undergo a value for money analysis or a comparable
                          analysis prior to deciding to advance the project
                          as a public-private partnership;
                              ``(ii) requiring the analysis required under
                          subparagraph (A), and other key terms of the
                          relevant public-private partnership agreement, to
                          be made publicly available by the project sponsor
                          at an appropriate time;
                              ``(iii) not later than 3 years after the date
                          of completion of the project, requiring the
                          sponsor of the project to conduct a review
                          regarding whether the private partner is meeting
                          the terms of the relevant public-private
                          partnership agreement; and
                              ``(iv) providing a publicly available summary
                          of the total level of Federal assistance in such
                          project; and
                        ``(B) develop guidance to implement this paragraph
                    that takes into consideration variations in State and
                    local laws and requirements related to public-private
                    partnerships.
                ``(4) Support to project sponsors.--At the request of an
            eligible entity, the Bureau shall provide technical assistance
            to the eligible entity regarding proposed public-private
            partnership agreements for transportation facilities, including
            assistance in performing a value for money analysis or
            comparable analysis.

        ``(f) Environmental Review and Permitting.--

    [[Page 129 STAT. 1616]]

                ``(1) In general.--The Bureau shall take actions that are
            appropriate and consistent with the Department's goals and
            policies to improve the delivery timelines for projects carried
            out under the programs referred to in subsection (d)(1).
                ``(2) Activities.--The Bureau shall carry out paragraph
            (1)--
                        ``(A) by serving as the Department's liaison to the
                    Council on Environmental Quality;
                        ``(B) by coordinating efforts to improve the
                    efficiency and effectiveness of the environmental review
                    and permitting process;
                        ``(C) by providing technical assistance and training
                    to field and headquarters staff of Federal agencies on
                    policy changes and innovative approaches to the delivery
                    of projects; and
                        ``(D) by identifying, developing, and tracking
                    metrics for permit reviews and decisions by Federal
                    agencies for projects under the National Environmental
                    Policy Act of 1969.
                ``(3) Support to project sponsors.--At the request of an
            eligible entity that is carrying out a project under a program
            referred to in subsection (d)(1), the Bureau, in coordination
            with the appropriate modal administrations within the
            Department, shall provide technical assistance with regard to
            the compliance of the project with the requirements of the
            National Environmental Policy Act 1969 and relevant Federal
            environmental permits.

        ``(g) Project Procurement.--
                ``(1) In general.--The Bureau shall promote best practices
            in procurement for a project receiving assistance under a
            program referred to in subsection (d)(1) by developing, in
            coordination with modal administrations within the Department as
            appropriate, procurement benchmarks in order to ensure
            accountable expenditure of Federal assistance over the life
            cycle of the project.
                ``(2) Procurement benchmarks.--To the maximum extent
            practicable, the procurement benchmarks developed under
            paragraph (1) shall--
                        ``(A) establish maximum thresholds for acceptable
                    project cost increases and delays in project delivery;
                        ``(B) establish uniform methods for States to
                    measure cost and delivery changes over the life cycle of
                    a project; and
                        ``(C) be tailored, as necessary, to various types of
                    project procurements, including design-bid-build,
                    design-build, and public-private partnerships.
                ``(3) Data collection.--The Bureau shall--
                        ``(A) collect information related to procurement
                    benchmarks developed under paragraph (1), including
                    project specific information detailed under paragraph
                    (2); and
                        ``(B) provide on a publicly accessible Internet Web
                    site of the Department a report on the information
                    collected under subparagraph (A).

        ``(h) Elimination and Consolidation of Duplicative Offices.--

    [[Page 129 STAT. 1617]]

                ``(1) Elimination of offices.--The Secretary may eliminate
            any office within the Department if the Secretary determines
            that--
                        ``(A) the purposes of the office are duplicative of
                    the purposes of the Bureau; and
                        ``(B) the elimination of the office does not
                    adversely affect the obligations of the Secretary under
                    any Federal law.
                ``(2) Consolidation of offices and office functions.--The
            Secretary may consolidate any office or office function within
            the Department into the Bureau that the Secretary determines has
            duties, responsibilities, resources, or expertise that support
            the purposes of the Bureau.
                ``(3) Staffing and budgetary resources.--
                        ``(A) In general.--The Secretary shall ensure that
                    the Bureau is adequately staffed and funded.
                        ``(B) Staffing.--The Secretary may transfer to the
                    Bureau a position within the Department from any office
                    that is eliminated or consolidated under this subsection
                    if the Secretary determines that the position is
                    necessary to carry out the purposes of the Bureau.
                        ``(C) Savings provision.--If the Secretary transfers
                    a position to the Bureau under subparagraph (B), the
                    Secretary, in coordination with the appropriate modal
                    administration, shall ensure that the transfer of the
                    position does not adversely affect the obligations of
                    the modal administration under any Federal law.
                        ``(D) Budgetary resources.--
                              ``(i) Transfer of funds from eliminated or
                          consolidated offices.--During the 2-year period
                          beginning on the date of enactment of this
                          section, the Secretary may transfer to the Bureau
                          funds allocated to any office or office function
                          that is eliminated or consolidated under this
                          subsection to carry out the purposes of the
                          Bureau.
                              ``(ii) Transfer of funds allocated to
                          administrative costs.--During the 2-year period
                          beginning on the date of enactment of this
                          section, the Secretary may transfer to the Bureau
                          funds allocated to the administrative costs of
                          processing applications for the programs referred
                          to in subsection (d)(1).
                ``(4) Notification.--Not later than 90 days after the date
            of enactment of this section, and every 90 days thereafter, the
            Secretary shall notify the Committee on Transportation and
            Infrastructure of the House of Representatives and the Committee
            on Environment and Public Works, the Committee on Banking,
            Housing, and Urban Affairs, and the Committee on Commerce,
            Science, and Transportation of the Senate of--
                        ``(A) the offices eliminated under paragraph (1) and
                    the rationale for elimination of the offices;
                        ``(B) the offices and office functions consolidated
                    under paragraph (2) and the rationale for consolidation
                    of the offices and office functions;
                        ``(C) the actions taken under paragraph (3) and the
                    rationale for taking such actions; and
                        ``(D) any additional legislative actions that may be
                    needed.

    [[Page 129 STAT. 1618]]

        ``(i) Savings Provisions.--
                ``(1) Laws and regulations.--Nothing in this section may be
            construed to change a law or regulation with respect to a
            program referred to in subsection (d)(1).
                ``(2) Responsibilities.--Nothing in this section may be
            construed to abrogate the responsibilities of an agency,
            operating administration, or office within the Department
            otherwise charged by a law or regulation with other aspects of
            program administration, oversight, or project approval or
            implementation for the programs and projects subject to this
            section.
                ``(3) Applicability.--Nothing in this section may be
            construed to affect any pending application under 1 or more of
            the programs referred to in subsection (d)(1) that was received
            by the Secretary on or before the date of enactment of this
            section.

        ``(j) Definitions.--In this section, the following definitions
    apply:
                ``(1) Bureau.--The term `Bureau' means the National Surface
            Transportation and Innovative Finance Bureau of the Department.
                ``(2) Department.--The term `Department' means the
            Department of Transportation.
                ``(3) Eligible entity.--The term `eligible entity' means an
            eligible applicant receiving financial or credit assistance
            under 1 or more of the programs referred to in subsection
            (d)(1).
                ``(4) Executive director.--The term `Executive Director'
            means the Executive Director of the Bureau.
                ``(5) Multimodal project.--The term `multimodal project'
            means a project involving the participation of more than 1 modal
            administration or secretarial office within the Department.
                ``(6) Project.--The term `project' means a highway project,
            public transportation capital project, freight or passenger rail
            project, or multimodal project.''.

        (b) Clerical Amendment.--The analysis for such chapter <<NOTE: 49
    USC 101.>>  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. <<NOTE: 49 USC 117.>>  Council on Credit and Finance

        ``(a) Establishment.--The Secretary of Transportation shall
    establish a Council on Credit and Finance in accordance with this
    section.
        ``(b) Membership.--
                ``(1) In general.--The Council shall be composed of the
            following members:
                        ``(A) The Deputy Secretary of Transportation.
                        ``(B) The Under Secretary of Transportation for
                    Policy.
                        ``(C) The Chief Financial Officer and Assistant
                    Secretary for Budget and Programs.
                        ``(D) The General Counsel of the Department of
                    Transportation.
                        ``(E) The Assistant Secretary for Transportation
                    Policy.

    [[Page 129 STAT. 1619]]

                        ``(F) The Administrator of the Federal Highway
                    Administration.
                        ``(G) The Administrator of the Federal Transit
                    Administration.
                        ``(H) The Administrator of the Federal Railroad
                    Administration.
                ``(2) Additional members.--The Secretary may designate up to
            3 additional officials of the Department to serve as at-large
            members of the Council.
                ``(3) Chairperson and vice chairperson.--
                        ``(A) Chairperson.--The Deputy Secretary of
                    Transportation shall serve as the chairperson of the
                    Council.
                        ``(B) Vice chairperson.--The Chief Financial Officer
                    and Assistant Secretary for Budget and Programs shall
                    serve as the vice chairperson of the Council.
                ``(4) Executive director.--The Executive Director of the
            National Surface Transportation and Innovative Finance Bureau
            shall serve as a nonvoting member of the Council.

        ``(c) Duties.--The Council shall--
                ``(1) review applications for assistance submitted under the
            programs referred to in subparagraphs (A), (B), and (C) of
            section 116(d)(1);
                ``(2) review applications for assistance submitted under the
            program referred to in section 116(d)(1)(D), as determined
            appropriate by the Secretary;
                ``(3) make recommendations to the Secretary regarding the
            selection of projects to receive assistance under such programs;
                ``(4) review, on a regular basis, projects that received
            assistance under such programs; and
                ``(5) carry out such additional duties as the Secretary may
            prescribe.''.

        (b) Clerical Amendment.--The analysis for such chapter <<NOTE: 49
    USC prec. 101.>>  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'';

    [[Page 129 STAT. 1620]]

                        (C) in paragraph (2) by striking ``18.5 percent''
                    and inserting ``17.315 percent'';
                        (D) by striking paragraphs (3) and (4);
                        (E) by redesignating paragraph (5) as paragraph (4);
                    and
                        (F) by inserting after paragraph (2) the following:
                ``(3) Boating infrastructure improvement.--
                        ``(A) In general.--An amount equal to 4 percent to
                    the Secretary of the Interior for qualified projects
                    under section 5604(c) of the Clean Vessel Act of 1992
                    (33 U.S.C. 1322 note) and section 7404(d) of the
                    Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
                    777g-1(d)).
                        ``(B) Limitation.--Not more than 75 percent of the
                    amount under subparagraph (A) shall be available for
                    projects under either of the sections referred to in
                    subparagraph (A).'';
                (2) in subsection (b)--
                        (A) in paragraph (1)(A) by striking ``for each'' and
                    all that follows through ``the Secretary'' and inserting
                    ``for each fiscal year through fiscal year 2021, the
                    Secretary'';
                        (B) by redesignating paragraph (2) as paragraph (3);
                        (C) by inserting after paragraph (1) the following:
                ``(2) Set-aside for coast guard administration.--
                        ``(A) In general.--From the annual appropriation
                    made in accordance with section 3, for each of fiscal
                    years 2016 through 2021, the Secretary of the department
                    in which the Coast Guard is operating may use no more
                    than the amount specified in subparagraph (B) for the
                    fiscal year for the purposes set forth in section
                    13107(c) of title 46, United States Code. The amount
                    specified in subparagraph (B) for a fiscal year may not
                    be included in the amount of the annual appropriation
                    distributed under subsection (a) for the fiscal year.
                        ``(B) Available amounts.--The available amount
                    referred to in subparagraph (A) is--
                              ``(i) for fiscal year 2016, $7,700,000; and
                              ``(ii) for fiscal year 2017 and each fiscal
                          year thereafter, the sum of--
                                        ``(I) the available amount for the
                                    preceding fiscal year; and
                                        ``(II) the amount determined by
                                    multiplying--
                                                ``(aa) the available amount
                                            for the preceding fiscal year;
                                            and
                                                ``(bb) the change, relative
                                            to the preceding fiscal year, in
                                            the Consumer Price Index for All
                                            Urban Consumers published by the
                                            Department of Labor.''; and
                        (D) in paragraph (3), as so redesignated--
                              (i) in subparagraph (A), by striking ``until
                          the end of the fiscal year.'' and inserting
                          ``until the end of the subsequent fiscal year.'';
                          and
                              (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,'';

    [[Page 129 STAT. 1621]]

                        (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) <<NOTE: 16 USC 777 note.>>  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:

    [[Page 129 STAT. 1622]]

        ``(c)(1)(A) The Secretary may use amounts made available each fiscal
    year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration
    Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard
    for investigations, personnel, and activities directly related to--
                ``(i) administering State recreational boating safety
            programs under this chapter; or
                ``(ii) coordinating or carrying out the national
            recreational boating safety program under this title.

        ``(B) Of the amounts used by the Secretary each fiscal year under
    subparagraph (A)--
                ``(i) not less than $2,100,000 is available to ensure
            compliance with chapter 43 of this title; and
                ``(ii) not more than $1,500,000 is available to conduct by
            grant or contract a survey of levels of recreational boating
            participation and related matters in the United States.''; and
                        (B) in paragraph (2)--
                              (i) by striking ``No funds'' and inserting
                          ``On and after October 1, 2016, no funds''; and
                              (ii) by striking ``traditionally''.

     TITLE XI <<NOTE: Passenger Rail Reform and Investment Act of 2015.>> --
    RAIL
    SEC. 11001. <<NOTE: 49 USC 20101 note.>>  SHORT TITLE.

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

                           Subtitle A--Authorizations

    SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.

        (a) Northeast Corridor.--There are authorized to be appropriated to
    the Secretary for the use of Amtrak for activities associated with the
    Northeast Corridor the following amounts:
                (1) For fiscal year 2016, $450,000,000.
                (2) For fiscal year 2017, $474,000,000.
                (3) For fiscal year 2018, $515,000,000.
                (4) For fiscal year 2019, $557,000,000.
                (5) For fiscal year 2020, $600,000,000.

        (b) National Network.--There are authorized to be appropriated to
    the Secretary for the use of Amtrak for activities associated with the
    National Network the following amounts:
                (1) For fiscal year 2016, $1,000,000,000.
                (2) For fiscal year 2017, $1,026,000,000.
                (3) For fiscal year 2018, $1,085,000,000.
                (4) For fiscal year 2019, $1,143,000,000.
                (5) For fiscal year 2020, $1,200,000,000.

        (c) Project Management Oversight.--The Secretary may withhold up to
    one half of 1 percent of the amount appropriated under subsections (a)
    and (b) for the costs of management oversight of Amtrak.
        (d) Gulf Coast Working Group.--Of the total amount made available to
    the Office of the Secretary of Transportation and the Federal Railroad
    Administration, for each of fiscal years 2016 and 2017, $500,000 shall
    be used to convene the Gulf Coast rail service

    [[Page 129 STAT. 1623]]

    working group established under section 11304 of this Act and carry out
    its responsibilities under such section.
        (e) Competition.--In administering grants to Amtrak under section
    24319 of title 49, United States Code, the Secretary may withhold, from
    amounts that would otherwise be made available to Amtrak, such sums as
    are necessary from the amount appropriated under subsection (b) of this
    section to cover the operating subsidy described in section
    24711(b)(1)(E)(ii) of title 49, United States Code.
        (f) State-supported Route Committee.--The Secretary may withhold up
    to $2,000,000 from the amount appropriated in each fiscal year under
    subsection (b) of this section for the use of the State-Supported Route
    Committee established under section 24712 of title 49, United States
    Code.
        (g) Northeast Corridor Commission.--The Secretary may withhold up to
    $5,000,000 from the amount appropriated in each fiscal year under
    subsection (a) of this section for the use of the Northeast Corridor
    Commission established under section 24905 of title 49, United States
    Code.
        (h) Northeast Corridor.--For purposes of this section, the term
    ``Northeast Corridor'' means the Northeast Corridor main line between
    Boston, Massachusetts, and the District of Columbia, and facilities and
    services used to operate and maintain that line.
        (i) Small Business Participation Study.--Of the total amount made
    available to the Office of the Secretary of Transportation and the
    Federal Railroad Administration, for each of fiscal years 2016 and 2017,
    $1,500,000 shall be used to implement the small business participation
    study authorized under section 11310 of this Act.
    SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
                                IMPROVEMENTS.

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

        (b) Project Management Oversight.--The Secretary may withhold up to
    1 percent from the amount appropriated under subsection (a) of this
    section for the costs of project management oversight of grants carried
    out under section 24407 of title 49, United States Code.
    SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

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

    [[Page 129 STAT. 1624]]

        (b) Project Management Oversight.--The Secretary may withhold up to
    1 percent from the amount appropriated under subsection (a) of this
    section for the costs of project management oversight of grants carried
    out under section 24911 of title 49, United States Code.
    SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS.

        (a) In General.--There are authorized to be appropriated to the
    Secretary for grants under section 24408 of title 49, United States
    Code, (as added by section 11303 of this Act), $20,000,000 for each of
    fiscal years 2016 through 2020.
        (b) Project Management Oversight.--The Secretary may withhold up to
    1 percent from the amount appropriated under subsection (a) of this
    section for the costs of project management oversight of grants carried
    out under section 24408 of title 49, United States Code.
    SEC. 11105. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE OF
                                INSPECTOR GENERAL.

        There are authorized to be appropriated to the Office of Inspector
    General of Amtrak the following amounts:
                (1) For fiscal year 2016, $20,000,000.
                (2) For fiscal year 2017, $20,500,000.
                (3) For fiscal year 2018, $21,000,000.
                (4) For fiscal year 2019, $21,500,000.
                (5) For fiscal year 2020, $22,000,000.
    SEC. 11106. DEFINITIONS.

        (a) Title 49 Amendments.--Section 24102 of title 49, United States
    Code, is amended--
                (1) by redesignating paragraphs (5) through (9) as
            paragraphs (7) through (11), respectively;
                (2) by inserting after paragraph (4) the following new
            paragraphs:
                ``(5) `long-distance route' means a route described in
            subparagraph (C) of paragraph (7).
                ``(6) `National Network' includes long-distance routes and
            State-supported routes.''; and
                (3) by adding at the end the following new paragraphs:
                ``(12) `state-of-good-repair' means a condition in which
            physical assets, both individually and as a system, are--
                        ``(A) performing at a level at least equal to that
                    called for in their as-built or as-modified design
                    specification during any period when the life cycle cost
                    of maintaining the assets is lower than the cost of
                    replacing them; and
                        ``(B) sustained through regular maintenance and
                    replacement programs.
                ``(13) `State-supported route' means a route described in
            subparagraph (B) or (D) of paragraph (7), or in section 24702,
            that is operated by Amtrak, excluding those trains operated by
            Amtrak on the routes described in paragraph (7)(A).''.

        (b) Conforming Amendments.--
                (1) Section 217 of the Passenger Rail Investment and
            Improvement Act of 2008 (49 U.S.C. 24702 note) is amended by
            striking ``24102(5)(D)'' and inserting ``24102(7)(D)''.
                (2) Section 209(a) of the Passenger Rail Investment and
            Improvement Act of 2008 (49 U.S.C. 24101 note) is amended

    [[Page 129 STAT. 1625]]

            by striking ``24102(5)(B) and (D)'' and inserting ``24102(7)(B)
            and (D)''.

                           Subtitle B--Amtrak Reforms

    SEC. 11201. ACCOUNTS.

        (a) In General.--Chapter 243 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 24317. <<NOTE: 49 USC 24317.>>  Accounts

        ``(a) Purpose.--The purpose of this section is to--
                ``(1) promote the effective use and stewardship by Amtrak of
            Amtrak revenues, Federal, State, and third party investments,
            appropriations, grants and other forms of financial assistance,
            and other sources of funds; and
                ``(2) enhance the transparency of the assignment of revenues
            and costs among Amtrak business lines while ensuring the health
            of the Northeast Corridor and National Network.

        ``(b) Account Structure.--Not later than 180 days after the date of
    enactment of the Passenger Rail Reform and Investment Act of 2015, the
    Secretary of Transportation, in consultation with Amtrak, shall define
    an account structure and improvements to accounting methodologies, as
    necessary, to support, at a minimum, the Northeast Corridor and the
    National Network.
        ``(c) Financial Sources.--In defining the account structure and
    improvements to accounting methodologies required under subsection (b),
    the Secretary shall ensure, to the greatest extent practicable, that
    Amtrak assigns the following:
                ``(1) For the Northeast Corridor account, all revenues,
            appropriations, grants and other forms of financial assistance,
            compensation, and other sources of funds associated with the
            Northeast Corridor, including--
                        ``(A) grant funds appropriated for the Northeast
                    Corridor pursuant to section 11101(a) of the Passenger
                    Rail Reform and Investment Act of 2015 or any subsequent
                    Act;
                        ``(B) compensation received from commuter rail
                    passenger transportation providers for such providers'
                    share of capital and operating costs on the Northeast
                    Corridor provided to Amtrak pursuant to section
                    24905(c); and
                        ``(C) any operating surplus of the Northeast
                    Corridor, as allocated pursuant to section 24318.
                ``(2) For the National Network account, all revenues,
            appropriations, grants and other forms of financial assistance,
            compensation, and other sources of funds associated with the
            National Network, including--
                        ``(A) grant funds appropriated for the National
                    Network pursuant to section 11101(b) of the Passenger
                    Rail Reform and Investment Act of 2015 or any subsequent
                    Act;
                        ``(B) compensation received from States provided to
                    Amtrak pursuant to section 209 of the Passenger Rail
                    Investment and Improvement Act of 2008 (42 U.S.C. 24101
                    note); and
                        ``(C) any operating surplus of the National Network,
                    as allocated pursuant to section 24318.

    [[Page 129 STAT. 1626]]

        ``(d) Financial Uses.--In defining the account structure and
    improvements to accounting methodologies required under subsection (b),
    the Secretary shall ensure, to the greatest extent practicable, that
    amounts assigned to the Northeast Corridor and National Network accounts
    shall be used by Amtrak for the following:
                ``(1) For the Northeast Corridor, all associated costs,
            including--
                        ``(A) operating activities;
                        ``(B) capital activities as described in section
                    24904(a)(2)(E);
                        ``(C) acquiring, rehabilitating, manufacturing,
                    remanufacturing, overhauling, or improving equipment and
                    associated facilities used for intercity rail passenger
                    transportation by Northeast Corridor train services;
                        ``(D) payment of principal and interest on loans for
                    capital projects described in this paragraph or for
                    capital leases attributable to the Northeast Corridor;
                        ``(E) other capital projects on the Northeast
                    Corridor, determined appropriate by the Secretary, and
                    consistent with section 24905(c)(1)(A)(i); and
                        ``(F) if applicable, capital projects described in
                    section 24904(b).
                ``(2) For the National Network, all associated costs,
            including--
                        ``(A) operating activities;
                        ``(B) capital activities; and
                        ``(C) the payment of principal and interest on loans
                    or capital leases attributable to the National Network.

        ``(e) Implementation and Reporting.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of the Passenger Rail Reform and Investment Act of
            2015, Amtrak, in consultation with the Secretary, shall
            implement any account structures and improvements defined under
            subsection (b) so that Amtrak is able to produce profit and loss
            statements for each of the business lines described in section
            24320(b)(1) and, as appropriate, each of the asset categories
            described in section 24320(c)(1) that identify sources and uses
            of--
                        ``(A) revenues;
                        ``(B) appropriations; and
                        ``(C) transfers between business lines.
                ``(2) Updated profit and loss statements.--Not later than 1
            month after the implementation under paragraph (1), and monthly
            thereafter, Amtrak shall submit updated profit and loss
            statements for each of the business lines and asset categories
            to the Secretary.

        ``(f) Account Management.--For the purposes of account management,
    Amtrak may transfer funds between the Northeast Corridor account and
    National Network account without prior notification and approval under
    subsection (g) if such transfers--
                ``(1) do not materially impact Amtrak's ability to achieve
            its anticipated financial, capital, and operating performance
            goals for the fiscal year; and
                ``(2) would not materially change any grant agreement
            entered into pursuant to section 24319(d), or other agreements
            made pursuant to applicable Federal law.

    [[Page 129 STAT. 1627]]

        ``(g) Transfer Authority.--
                ``(1) In general.--If Amtrak determines that a transfer
            between the accounts defined under subsection (b) does not meet
            the account management standards established under subsection
            (f), Amtrak may transfer funds between the Northeast Corridor
            and National Network accounts if--
                        ``(A) Amtrak notifies the Amtrak Board of Directors,
                    including the Secretary, at least 10 days prior to the
                    expected date of transfer; and
                        ``(B) solely for a transfer that will materially
                    change a grant agreement, the Secretary approves.
                ``(2) Report.--Not later than 5 days after the Amtrak Board
            of Directors receives notification from Amtrak under paragraph
            (1)(A), the Board shall transmit to the Secretary, the Committee
            on Transportation and Infrastructure and the Committee on
            Appropriations of the House of Representatives, and the
            Committee on Commerce, Science, and Transportation and the
            Committee on Appropriations of the Senate, a report that
            includes--
                        ``(A) the amount of the transfer; and
                        ``(B) a detailed explanation of the reason for the
                    transfer, including--
                              ``(i) the effects on Amtrak services funded by
                          the account from which the transfer is drawn, in
                          comparison to a scenario in which no transfer was
                          made; and
                              ``(ii) the effects on Amtrak services funded
                          by the account receiving the transfer, in
                          comparison to a scenario in which no transfer was
                          made.
                ``(3) Notifications.--Not later than 5 days after the date
            that Amtrak notifies the Amtrak Board of Directors of a transfer
            under paragraph (1) to or from an account, Amtrak shall transmit
            to the State-Supported Route Committee and Northeast Corridor
            Commission a letter that includes the information described
            under subparagraphs (A) and (B) of paragraph (2).

        ``(h) Report.--Not later than 2 years after the date of enactment of
    the Passenger Rail Reform and Investment Act of 2015, Amtrak shall
    submit to the Secretary a report assessing the account and reporting
    structure established under this section and providing any
    recommendations for further action. Not later than 180 days after the
    date of receipt of such report, the Secretary shall provide an
    assessment that supplements Amtrak's report and submit the Amtrak report
    with the supplemental assessment to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives.
        ``(i) Definition of Northeast Corridor.--Notwithstanding section
    24102, for purposes of this section, the term `Northeast Corridor' means
    the Northeast Corridor main line between Boston, Massachusetts, and the
    District of Columbia, and facilities and services used to operate and
    maintain that line.''.
        (b) Conforming Amendment.--The table of contents for chapter
    243 <<NOTE: 49 USC prec. 24301.>>  is amended by adding at the end the
    following:

            ``24317. Accounts.''.

    [[Page 129 STAT. 1628]]

    SEC. 11202. AMTRAK GRANT PROCESS.

        (a) Requirements and Procedures.--Chapter 243 of title 49, United
    States Code, is further amended by adding at the end the following:
    ``Sec. 24318. <<NOTE: 49 USC 24318.>>  Costs and revenues

        ``(a) Allocation.--Not later than 180 days after the date of
    enactment of the Passenger Rail Reform and Investment Act of 2015,
    Amtrak shall establish and maintain internal controls to ensure Amtrak's
    costs, revenues, and other compensation are appropriately allocated to
    the Northeast Corridor, including train services or infrastructure, or
    the National Network, including proportional shares of common and fixed
    costs.
        ``(b) Rule of Construction.--Nothing in this section shall be
    construed to limit the ability of Amtrak to enter into an agreement with
    1 or more States to allocate operating and capital costs under section
    209 of the Passenger Rail Investment and Improvement Act of 2008 (49
    U.S.C. 24101 note).
        ``(c) Definition of Northeast Corridor.--Notwithstanding section
    24102, for purposes of this section, the term `Northeast Corridor' means
    the Northeast Corridor main line between Boston, Massachusetts, and the
    District of Columbia, and facilities and services used to operate and
    maintain that line.
    ``Sec. 24319. <<NOTE: 49 USC 24319.>>  Grant process

        ``(a) Procedures for Grant Requests.--Not later than 90 days after
    the date of enactment of the Passenger Rail Reform and Investment Act of
    2015, the Secretary of Transportation shall establish and transmit to
    the Committee on Commerce, Science, and Transportation and the Committee
    on Appropriations of the Senate and the Committee on Transportation and
    Infrastructure and the Committee on Appropriations of the House of
    Representatives substantive and procedural requirements, including
    schedules, for grant requests under this section.
        ``(b) Grant Requests.--Amtrak shall transmit to the Secretary grant
    requests for Federal funds appropriated to the Secretary of
    Transportation for the use of Amtrak.
        ``(c) Contents.--A grant request under subsection (b) shall, as
    applicable--
                ``(1) describe projected operating and capital costs for the
            upcoming fiscal year for Northeast Corridor activities,
            including train services and infrastructure, and National
            Network activities, including State-supported routes and long-
            distance routes, in comparison to prior fiscal year actual
            financial performance;
                ``(2) describe the capital projects to be funded, with cost
            estimates and an estimated timetable for completion of the
            projects covered by the request; and
                ``(3) assess Amtrak's financial condition.

        ``(d) Review and Approval.--
                ``(1) Thirty-day approval process.--
                        ``(A) In general.--Not later than 30 days after the
                    date that Amtrak submits a grant request under this
                    section, the Secretary of Transportation shall complete
                    a review of the request and provide notice to Amtrak
                    that--
                              ``(i) the request is approved; or

    [[Page 129 STAT. 1629]]

                              ``(ii) the request is disapproved, including
                          the reason for the disapproval and an explanation
                          of any incomplete or deficient items.
                        ``(B) Grant agreement.--If a grant request is
                    approved, the Secretary shall enter into a grant
                    agreement with Amtrak.
                ``(2) Fifteen-day modification period.--Not later than 15
            days after the date of a notice under paragraph (1)(A)(ii),
            Amtrak shall submit a modified request for the Secretary's
            review.
                ``(3) Modified requests.--Not later than 15 days after the
            date that Amtrak submits a modified request under paragraph (2),
            the Secretary shall either approve the modified request, or, if
            the Secretary finds that the request is still incomplete or
            deficient, the Secretary shall identify in writing to the
            Committee on Commerce, Science, and Transportation and the
            Committee on Appropriations of the Senate and the Committee on
            Transportation and Infrastructure and the Committee on
            Appropriations of the House of Representatives the remaining
            deficiencies and recommend a process for resolving the
            outstanding portions of the request.

        ``(e) Payments to Amtrak.--
                ``(1) In general.--A grant agreement entered into under
            subsection (d) shall specify the operations, services, and other
            activities to be funded by the grant. The grant agreement shall
            include provisions, consistent with the requirements of this
            chapter, to measure Amtrak's performance and ensure
            accountability in delivering the operations, services, or
            activities to be funded by the grant.
                ``(2) Schedule.--Except as provided in paragraph (3), in
            each fiscal year for which amounts are appropriated to the
            Secretary for the use of Amtrak, and for which the Secretary and
            Amtrak have entered into a grant agreement under subsection (d),
            the Secretary shall disburse grant funds to Amtrak on the
            following schedule:
                        ``(A) 50 percent on October 1.
                        ``(B) 25 percent on January 1.
                        ``(C) 25 percent on April 1.
                ``(3) Exceptions.--The Secretary may make a payment to
            Amtrak of appropriated funds--
                        ``(A) more frequently than the schedule under
                    paragraph (2) if Amtrak, for good cause, requests more
                    frequent payment before the end of a payment period; or
                        ``(B) with a different frequency or in different
                    percentage allocations in the event of a continuing
                    resolution or in the absence of an appropriations Act
                    for the duration of a fiscal year.

        ``(f) Availability of Amounts and Early Appropriations.--Amounts
    appropriated to the Secretary for the use of Amtrak shall remain
    available until expended. Amounts for capital acquisitions and
    improvements may be appropriated for a fiscal year before the fiscal
    year in which the amounts will be obligated.
        ``(g) Limitations on Use.--Amounts appropriated to the Secretary for
    the use of Amtrak may not be used to cross-subsidize operating losses or
    capital costs of commuter rail passenger or freight rail transportation.

    [[Page 129 STAT. 1630]]

        ``(h) Definition of Northeast Corridor.--Notwithstanding section
    24102, for purposes of this section, the term `Northeast Corridor' means
    the Northeast Corridor main line between Boston, Massachusetts, and the
    District of Columbia, and facilities and services used to operate and
    maintain that line.''.
        (b) Conforming Amendments.--The table of contents for chapter
    243 <<NOTE: 49 USC prec. 24301.>>  is further amended by adding at the
    end the following:

            ``24318. Costs and revenues.
            ``24319. Grant process.''.

        (c) Repeals.--
                (1) Establishment of grant process.--Section 206 of the
            Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C.
            24101 note) and the item relating to that section in the table
            of contents of that Act are repealed.
                (2) Authorization of appropriations.--Section 24104 of title
            49, United States Code, and the item relating to that section in
            the table of contents of chapter 241 <<NOTE: 49 USC prec.
            24101.>>  are repealed.
    SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.

        (a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 243 of
    title 49, United States Code, is further amended by inserting after
    section 24319 the following:
    ``Sec. 24320. <<NOTE: 49 USC 24320.>>  Amtrak 5-year business line
                        and asset plans

        ``(a) In General.--
                ``(1) Final plans.--Not later than February 15 of each year,
            Amtrak shall submit to Congress and the Secretary of
            Transportation final 5-year business line plans and 5-year asset
            plans prepared in accordance with this section. These final
            plans shall form the basis for Amtrak's general and legislative
            annual report to the President and Congress required by section
            24315(b). Each plan shall cover a period of 5 fiscal years,
            beginning with the first fiscal year after the date on which the
            plan is completed.
                ``(2) Fiscal constraint.--Each plan prepared under this
            section shall be based on funding levels authorized or otherwise
            available to Amtrak in a fiscal year. In the absence of an
            authorization or appropriation of funds for a fiscal year, the
            plans shall be based on the amount of funding available in the
            previous fiscal year, plus inflation. Amtrak may include an
            appendix to the asset plan required in subsection (c) that
            describes any funding needs in excess of amounts authorized or
            otherwise available to Amtrak in a fiscal year.

        ``(b) Amtrak 5-Year Business Line Plans.--
                ``(1) Amtrak business lines.--Amtrak shall prepare a 5-year
            business line plan for each of the following business lines and
            services:
                        ``(A) Northeast Corridor train services.
                        ``(B) State-supported routes operated by Amtrak.
                        ``(C) Long-distance routes operated by Amtrak.
                        ``(D) Ancillary services operated by Amtrak,
                    including commuter operations and other revenue
                    generating activities as determined by the Secretary in
                    coordination with Amtrak.
                ``(2) Contents of 5-year business line plans.--The 5-year
            business line plan for each business line shall include, at a
            minimum--

    [[Page 129 STAT. 1631]]

                        ``(A) a statement of Amtrak's objectives, goals, and
                    service plan for the business line, in consultation with
                    any entities that are contributing capital or operating
                    funding to support passenger rail services within those
                    business lines, and aligned with Amtrak's Strategic Plan
                    and 5-year asset plans under subsection (c);
                        ``(B) all projected revenues and expenditures for
                    the business line, including identification of revenues
                    and expenditures incurred by--
                              ``(i) passenger operations;
                              ``(ii) non-passenger operations that are
                          directly related to the business line; and
                              ``(iii) governmental funding sources,
                          including revenues and other funding received from
                          States;
                        ``(C) projected ridership levels for all passenger
                    operations;
                        ``(D) estimates of long-term and short-term debt and
                    associated principal and interest payments (both current
                    and forecasts);
                        ``(E) annual profit and loss statements and
                    forecasts and balance sheets;
                        ``(F) annual cash flow forecasts;
                        ``(G) a statement describing the methodologies and
                    significant assumptions underlying estimates and
                    forecasts;
                        ``(H) specific performance measures that demonstrate
                    year over year changes in the results of Amtrak's
                    operations;
                        ``(I) financial performance for each route within
                    each business line, including descriptions of the cash
                    operating loss or contribution and productivity for each
                    route;
                        ``(J) specific costs and savings estimates resulting
                    from reform initiatives;
                        ``(K) prior fiscal year and projected equipment
                    reliability statistics; and
                        ``(L) an identification and explanation of any major
                    adjustments made from previously-approved plans.
                ``(3) 5-year business line plans process.--In meeting the
            requirements of this section, Amtrak shall--
                        ``(A) consult with the Secretary in the development
                    of the business line plans;
                        ``(B) for the Northeast Corridor business line plan,
                    consult with the Northeast Corridor Commission and
                    transmit to the Commission the final plan under
                    subsection (a)(1), and consult with other entities, as
                    appropriate;
                        ``(C) for the State-supported route business line
                    plan, consult with the State-Supported Route Committee
                    established under section 24712;
                        ``(D) for the long-distance route business line
                    plan, consult with any States or Interstate Compacts
                    that provide funding for such routes, as appropriate;
                        ``(E) ensure that Amtrak's general and legislative
                    annual report, required under section 24315(b), to the
                    President and Congress is consistent with the
                    information in the 5-year business line plans; and
                        ``(F) identify the appropriate Amtrak officials that
                    are responsible for each business line.

    [[Page 129 STAT. 1632]]

                ``(4) Definition of northeast corridor.--Notwithstanding
            section 24102, for purposes of this section, the term `Northeast
            Corridor' means the Northeast Corridor main line between Boston,
            Massachusetts, and the District of Columbia, and facilities and
            services used to operate and maintain that line.

        ``(c) Amtrak 5-Year Asset Plans.--
                ``(1) Asset categories.--Amtrak shall prepare a 5-year asset
            plan for each of the following asset categories:
                        ``(A) Infrastructure, including all Amtrak-
                    controlled Northeast Corridor assets and other Amtrak-
                    owned infrastructure, and the associated facilities that
                    support the operation, maintenance, and improvement of
                    those assets.
                        ``(B) Passenger rail equipment, including all
                    Amtrak-controlled rolling stock, locomotives, and
                    mechanical shop facilities that are used to overhaul
                    equipment.
                        ``(C) Stations, including all Amtrak-controlled
                    passenger rail stations and elements of other stations
                    for which Amtrak has legal responsibility or intends to
                    make capital investments.
                        ``(D) National assets, including national
                    reservations, security, training and training centers,
                    and other assets associated with Amtrak's national rail
                    passenger transportation system.
                ``(2) Contents of 5-year asset plans.--Each asset plan shall
            include, at a minimum--
                        ``(A) a summary of Amtrak's 5-year strategic plan
                    for each asset category, including goals, objectives,
                    any relevant performance metrics, and statutory or
                    regulatory actions affecting the assets;
                        ``(B) an inventory of existing Amtrak capital
                    assets, to the extent practicable, including information
                    regarding shared use or ownership, if applicable;
                        ``(C) a prioritized list of proposed capital
                    investments that--
                              ``(i) categorizes each capital project as
                          being primarily associated with--
                                        ``(I) normalized capital
                                    replacement;
                                        ``(II) backlog capital replacement;
                                        ``(III) improvements to support
                                    service enhancements or growth;
                                        ``(IV) strategic initiatives that
                                    will improve overall operational
                                    performance, lower costs, or otherwise
                                    improve Amtrak's corporate efficiency;
                                    or
                                        ``(V) statutory, regulatory, or
                                    other legal mandates;
                              ``(ii) identifies each project or program that
                          is associated with more than 1 category described
                          in clause (i); and
                              ``(iii) describes the anticipated business
                          outcome of each project or program identified
                          under this subparagraph, including an assessment
                          of--
                                        ``(I) the potential effect on
                                    passenger operations, safety,
                                    reliability, and resilience;

    [[Page 129 STAT. 1633]]

                                        ``(II) the potential effect on
                                    Amtrak's ability to meet regulatory
                                    requirements if the project or program
                                    is not funded; and
                                        ``(III) the benefits and costs; and
                        ``(D) annual profit and loss statements and
                    forecasts and balance sheets for each asset category.
                ``(3) 5-year asset plan process.--In meeting the
            requirements of this subsection, Amtrak shall--
                        ``(A) consult with each business line described in
                    subsection (b)(1) in the preparation of each 5-year
                    asset plan and ensure integration of each 5-year asset
                    plan with the 5-year business line plans;
                        ``(B) as applicable, consult with the Northeast
                    Corridor Commission, the State-Supported Route
                    Committee, and owners of assets affected by 5-year asset
                    plans; and
                        ``(C) identify the appropriate Amtrak officials that
                    are responsible for each asset category.
                ``(4) Evaluation of national assets costs.--The Secretary
            shall--
                        ``(A) evaluate the costs and scope of all national
                    assets; and
                        ``(B) determine the activities and costs that are--
                              ``(i) required in order to ensure the
                          efficient operations of a national rail passenger
                          system;
                              ``(ii) appropriate for allocation to 1 of the
                          other Amtrak business lines; and
                              ``(iii) extraneous to providing an efficient
                          national rail passenger system or are too costly
                          relative to the benefits or performance outcomes
                          they provide.
                ``(5) Definition of national assets.--In this section, the
            term `national assets' means the Nation's core rail assets
            shared among Amtrak services, including national reservations,
            security, training and training centers, and other assets
            associated with Amtrak's national rail passenger transportation
            system.
                ``(6) Restructuring of national assets.--Not later than 1
            year after the date of completion of the evaluation under
            paragraph (4), the Administrator of the Federal Railroad
            Administration, in consultation with the Amtrak Board of
            Directors, the governors of each relevant State, and the Mayor
            of the District of Columbia, or their designees, shall
            restructure or reallocate, or both, the national assets costs in
            accordance with the determination under that section, including
            making appropriate updates to Amtrak's cost accounting
            methodology and system.
                ``(7) Exemption.--
                        ``(A) In general.--Upon written request from the
                    Amtrak Board of Directors, the Secretary may exempt
                    Amtrak from including in a plan required under this
                    subsection any information described in paragraphs (1)
                    and (2).
                        ``(B) Public availability.--The Secretary shall make
                    available to the public on the Department's Internet Web
                    site any exemption granted under subparagraph (A) and a
                    detailed justification for granting such exemption.
                        ``(C) Inclusion in plan.--Amtrak shall include in
                    the plan required under this subsection any request
                    granted

    [[Page 129 STAT. 1634]]

                    under subparagraph (A) and justification under
                    subparagraph (B).

        ``(d) Standards to Promote Financial Stability.--In preparing plans
    under this section, Amtrak shall--
                ``(1) apply sound budgetary practices, including reducing
            costs and other expenditures, improving productivity, increasing
            revenues, or combinations of such practices; and
                ``(2) use the categories specified in the financial
            accounting and reporting system developed under section 203 of
            the Passenger Rail Investment and Improvement Act of 2008 (49
            U.S.C. 24101 note).''.

        (b) <<NOTE: 49 USC 24320 note.>>  Effective Dates.--The requirement
    for Amtrak to submit 5-year business line plans under section
    24320(a)(1) of title 49, United States Code, shall take effect on
    February 15, 2017, the due date of the first business line plans. The
    requirement for Amtrak to submit 5-year asset plans under section
    24320(a)(1) of such title shall take effect on February 15, 2019, the
    due date of the first asset plans.

        (c) Conforming Amendments.--The table of contents for chapter 243 of
    title 49, United States Code, <<NOTE: 49 USC prec. 24301.>>  is amended
    by adding at the end the following:

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

        (d) Repeal of 5-Year Financial Plan.--Section 204 of the Passenger
    Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and
    the item relating to that section in the table of contents of that Act,
    are repealed.
    SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE.

        (a) Amendment.--Chapter 247 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 24712. <<NOTE: 49 USC 24712.>>  State-supported routes
                        operated by Amtrak

        ``(a) State-Supported Route Committee.--
                ``(1) Establishment.--Not later than 180 days after the date
            of enactment of the Passenger Rail Reform and Investment Act of
            2015, the Secretary of Transportation shall establish the State-
            Supported Route Committee (referred to in this section as the
            `Committee') to promote mutual cooperation and planning
            pertaining to the rail operations of Amtrak and related
            activities of trains operated by Amtrak on State-supported
            routes and to further implement section 209 of the Passenger
            Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
            note).
                ``(2) Membership.--
                        ``(A) In general.--The Committee shall consist of--
                              ``(i) members representing Amtrak;
                              ``(ii) members representing the Department of
                          Transportation, including the Federal Railroad
                          Administration; and
                              ``(iii) members representing States.
                        ``(B) Non-voting members.--The Committee may invite
                    and accept other non-voting members to participate in
                    Committee activities, as appropriate.
                ``(3) Decisionmaking.--The Committee shall establish a bloc
            voting system under which, at a minimum--

    [[Page 129 STAT. 1635]]

                        ``(A) there are 3 separate voting blocs to represent
                    the Committee's voting members, including--
                              ``(i) 1 voting bloc to represent the members
                          described in paragraph (2)(A)(i);
                              ``(ii) 1 voting bloc to represent the members
                          described in paragraph (2)(A)(ii); and
                              ``(iii) 1 voting bloc to represent the members
                          described in paragraph (2)(A)(iii);
                        ``(B) each voting bloc has 1 vote;
                        ``(C) the vote of the voting bloc representing the
                    members described in paragraph (2)(A)(iii) requires the
                    support of at least two-thirds of that voting bloc's
                    members; and
                        ``(D) the Committee makes decisions by unanimous
                    consent of the 3 voting blocs.
                ``(4) Meetings; rules and procedures.--The Committee shall
            convene a meeting and shall define and implement the rules and
            procedures governing the Committee's proceedings not later than
            180 days after the date of establishment of the Committee by the
            Secretary. The rules and procedures shall--
                        ``(A) incorporate and further describe the
                    decisionmaking procedures to be used in accordance with
                    paragraph (3); and
                        ``(B) be adopted in accordance with such
                    decisionmaking procedures.
                ``(5) Committee decisions.--Decisions made by the Committee
            in accordance with the Committee's rules and procedures, once
            established, are binding on all Committee members.
                ``(6) Cost allocation methodology.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    Committee may amend the cost allocation methodology
                    required and previously approved under section 209 of
                    the Passenger Rail Investment and Improvement Act of
                    2008 (49 U.S.C. 24101 note).
                        ``(B) Procedures for changing methodology.--The
                    rules and procedures implemented under paragraph (4)
                    shall include procedures for changing the cost
                    allocation methodology.
                        ``(C) Requirements.--The cost allocation methodology
                    shall--
                              ``(i) ensure equal treatment in the provision
                          of like services of all States and groups of
                          States; and
                              ``(ii) allocate to each route the costs
                          incurred only for the benefit of that route and a
                          proportionate share, based upon factors that
                          reasonably reflect relative use, of costs incurred
                          for the common benefit of more than 1 route.

        ``(b) Invoices and Reports.--Not later than April 15, 2016, and
    monthly thereafter, Amtrak shall provide to each State that sponsors a
    State-supported route a monthly invoice of the cost of operating such
    route, including fixed costs and third-party costs. The Committee shall
    determine the frequency and contents of financial and performance
    reports that Amtrak shall provide to the States, as well as the planning
    and demand reports that the States shall provide to Amtrak.
        ``(c) Dispute Resolution.--

    [[Page 129 STAT. 1636]]

                ``(1) Request for dispute resolution.--If a dispute arises
            with respect to the rules and procedures implemented under
            subsection (a)(4), an invoice or a report provided under
            subsection (b), implementation or compliance with the cost
            allocation methodology developed under section 209 of the
            Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C.
            24101 note) or amended under subsection (a)(6) of this section,
            either Amtrak or the State may request that the Surface
            Transportation Board conduct dispute resolution under this
            subsection.
                ``(2) Procedures.--The Surface Transportation Board shall
            establish procedures for resolution of disputes brought before
            it under this subsection, which may include provision of
            professional mediation services.
                ``(3) Binding effect.--A decision of the Surface
            Transportation Board under this subsection shall be binding on
            the parties to the dispute.
                ``(4) Obligation.--Nothing in this subsection shall affect
            the obligation of a State to pay an amount not in dispute.

        ``(d) Assistance.--
                ``(1) In general.--The Secretary may provide assistance to
            the parties in the course of negotiations for a contract for
            operation of a State-supported route.
                ``(2) Financial assistance.--From among available funds, the
            Secretary shall provide--
                        ``(A) financial assistance to Amtrak or 1 or more
                    States to perform requested independent technical
                    analysis of issues before the Committee; and
                        ``(B) administrative expenses that the Secretary
                    determines necessary.

        ``(e) Performance Metrics.--In negotiating a contract for operation
    of a State-supported route, Amtrak and the State or States that sponsor
    the route shall consider including provisions that provide penalties and
    incentives for performance.
        ``(f) Statement of Goals and Objectives.--
                ``(1) In general.--The Committee shall develop a statement
            of goals, objectives, and associated recommendations concerning
            the future of State-supported routes operated by Amtrak. The
            statement shall identify the roles and responsibilities of
            Committee members and any other relevant entities, such as host
            railroads, in meeting the identified goals and objectives, or
            carrying out the recommendations. The Committee may consult with
            such relevant entities, as the Committee considers appropriate,
            when developing the statement.
                ``(2) Transmission of statement of goals and objectives.--
            Not later than 2 years after the date of enactment of the
            Passenger Rail Reform and Investment Act of 2015, the Committee
            shall transmit the statement developed under paragraph (1) to
            the Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Transportation and Infrastructure of
            the House of Representatives.

        ``(g) Rule of Construction.--The decisions of the Committee--
                ``(1) shall pertain to the rail operations of Amtrak and
            related activities of trains operated by Amtrak on State-
            sponsored routes; and

    [[Page 129 STAT. 1637]]

                ``(2) shall not pertain to the rail operations or related
            activities of services operated by other rail carriers on State-
            supported routes.

        ``(h) Definition of State.--In this section, the term `State' means
    any of the 50 States, including the District of Columbia, that sponsor
    the operation of trains by Amtrak on a State-supported route, or a
    public entity that sponsors such operation on such a route.''.
        (b) Technical and Conforming Amendments.--
                (1) Table of contents.--The table of contents for chapter
            247 of title 49, United States Code, <<NOTE: 49 USC 24701.>>  is
            amended by adding at the end the following:

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

                (2) Passenger rail investment and improvement act.--Section
            209 of the Passenger Rail Investment and Improvement Act of 2008
            (49 U.S.C. 24101 note) is amended--
                        (A) by striking subsection (b); and
                        (B) by redesignating subsections (c) and (d) as
                    subsections (b) and (c), respectively.
    SEC. 11205. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.

        Section 24302 of title 49, United States Code, is amended--
                (1) in subsection (a)(1)--
                        (A) by striking ``9 directors'' and inserting ``10
                    directors'';
                        (B) in subparagraph (B) by inserting ``, who shall
                    serve as a nonvoting member of the Board'' after
                    ``Amtrak''; and
                        (C) in subparagraph (C) by striking ``7'' and
                    inserting ``8''; and
                (2) in subsection (e), by inserting ``who are eligible to
            vote'' after ``serving''.
    SEC. 11206. ROUTE AND SERVICE PLANNING DECISIONS.

        Section 208 of the Passenger Rail Investment and Improvement Act of
    2008 (49 U.S.C. 24101 note) is amended to read as follows:
    ``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING
                            DECISIONS.

        ``(a) Methodology Development.--Not later than 180 days after the
    date of enactment of the Passenger Rail Reform and Investment Act of
    2015, Amtrak shall obtain the services of an independent entity to
    develop and recommend objective methodologies for Amtrak to use in
    determining what intercity rail passenger transportation routes and
    services it should provide, including the establishment of new routes,
    the elimination of existing routes, and the contraction or expansion of
    services or frequencies over such routes.
        ``(b) Considerations.--Amtrak shall require the independent entity,
    in developing the methodologies described in subsection (a), to
    consider--
                ``(1) the current and expected performance and service
            quality of intercity rail passenger transportation operations,
            including cost recovery, on-time performance, ridership, on-
            board services, stations, facilities, equipment, and other
            services;
                ``(2) the connectivity of a route with other routes;

    [[Page 129 STAT. 1638]]

                ``(3) the transportation needs of communities and
            populations that are not well served by intercity rail passenger
            transportation service or by other forms of intercity
            transportation;
                ``(4) the methodologies of Amtrak and major intercity rail
            passenger transportation service providers in other countries
            for determining intercity passenger rail routes and services;
                ``(5) the financial and operational effects on the overall
            network, including the effects on direct and indirect costs;
                ``(6) the views of States, rail carriers that own
            infrastructure over which Amtrak operates, Interstate Compacts
            established by Congress and States, Amtrak employee
            representatives, stakeholder organizations, and other interested
            parties; and
                ``(7) the funding levels that will be available under
            authorization levels that have been enacted into law.

        ``(c) Recommendations.--Not later than 1 year after the date of
    enactment of the Passenger Rail Reform and Investment Act of 2015,
    Amtrak shall transmit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives the recommendations
    developed by the independent entity under subsection (a).
        ``(d) Consideration of Recommendations.--Not later than 90 days
    after the date on which the recommendations are transmitted under
    subsection (c), the Amtrak Board of Directors shall consider the
    adoption of each recommendation and transmit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report explaining the reasons for adopting or not adopting each
    recommendation.''.
    SEC. 11207. FOOD AND BEVERAGE REFORM.

        (a) Amendment.--Chapter 243 of title 49, United States Code, is
    further amended by adding at the end the following new section:
    ``Sec. 24321. <<NOTE: 40 USC 24321 note.>>  Food and beverage
                        reform

        ``(a) Plan.--Not later than 90 days after the date of enactment of
    the Passenger Rail Reform and Investment Act of 2015, Amtrak shall
    develop and begin implementing a plan to eliminate, within 5 years of
    such date of enactment, the operating loss associated with providing
    food and beverage service on board Amtrak trains.
        ``(b) Considerations.--In developing and implementing the plan,
    Amtrak shall consider a combination of cost management and revenue
    generation initiatives, including--
                ``(1) scheduling optimization;
                ``(2) on-board logistics;
                ``(3) product development and supply chain efficiency;
                ``(4) training, awards, and accountability;
                ``(5) technology enhancements and process improvements; and
                ``(6) ticket revenue allocation.

        ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee
    holding a position as of the date of enactment of the Passenger Rail
    Reform and Investment Act of 2015 is involuntarily separated because
    of--

    [[Page 129 STAT. 1639]]

                ``(1) the development and implementation of the plan
            required under subsection (a); or
                ``(2) any other action taken by Amtrak to implement this
            section.

        ``(d) No Federal Funding for Operating Losses.--Beginning on the
    date that is 5 years after the date of enactment of the Passenger Rail
    Reform and Investment Act of 2015, no Federal funds may be used to cover
    any operating loss associated with providing food and beverage service
    on a route operated by Amtrak or a rail carrier that operates a route in
    lieu of Amtrak pursuant to section 24711.
        ``(e) Report.--Not later than 120 days after the date of enactment
    of the Passenger Rail Reform and Investment Act of 2015, and annually
    thereafter for 5 years, Amtrak shall transmit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate a
    report containing the plan developed pursuant to subsection (a) and a
    description of progress in the implementation of the plan.''.
        (b) Conforming Amendment.--The table of sections for chapter 243 of
    title 49, United States Code, <<NOTE: 49 USC prec. 24301.>>  is further
    amended by adding at the end the following new item:

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

    SEC. 11208. ROLLING STOCK PURCHASES.

        (a) Amendment.--Chapter 243 of title 49, United States Code, is
    further amended by adding at the end the following new section:
    ``Sec. 24322. <<NOTE: 49 USC 24322.>>  Rolling stock purchases

        ``(a) In General.--Prior to entering into any contract in excess of
    $100,000,000 for rolling stock and locomotive procurements Amtrak shall
    submit a business case analysis to the Secretary of Transportation, the
    Committee on Commerce, Science, and Transportation and the Committee on
    Appropriations of the Senate and the Committee on Transportation and
    Infrastructure and the Committee on Appropriations of the House of
    Representatives, on the utility of such procurements.
        ``(b) Contents.--The business case analysis shall--
                ``(1) include a cost and benefit comparison that describes
            the total lifecycle costs and the anticipated benefits related
            to revenue, operational efficiency, reliability, and other
            factors;
                ``(2) set forth the total payments by fiscal year;
                ``(3) identify the specific source and amounts of funding
            for each payment, including Federal funds, State funds, Amtrak
            profits, Federal, State, or private loans or loan guarantees,
            and other funding;
                ``(4) include an explanation of whether any payment under
            the contract will increase Amtrak's funding request in its
            general and legislative annual report required under section
            24315(b) in a particular fiscal year; and
                ``(5) describe how Amtrak will adjust the procurement if
            future funding is not available.

        ``(c) Rule of Construction.--Nothing in this section shall be
    construed as requiring Amtrak to disclose confidential information
    regarding a potential vendor's proposed pricing or other sensitive
    business information prior to contract execution or prohibiting

    [[Page 129 STAT. 1640]]

    Amtrak from entering into a contract after submission of a business case
    analysis under subsection (a).''.
        (b) Conforming Amendment.--The table of sections for chapter 243 of
    title 49, United States Code, <<NOTE: 49 USC 24301.>>  is further
    amended by adding at the end the following new item:

    ``24322. Rolling stock purchases.''.

    SEC. 11209. <<NOTE: 49 USC 24305 note.>>  LOCAL PRODUCTS AND
                                PROMOTIONAL EVENTS.

        (a) In General.--Not later than 6 months after the date of enactment
    of this Act, Amtrak shall establish a pilot program for a State or
    States that sponsor a State-supported route operated by Amtrak to
    facilitate--
                (1) onboard purchase and sale of local food and beverage
            products; and
                (2) partnerships with local entities to hold promotional
            events on trains or in stations.

        (b) Program Design.--The pilot program under paragraph (1) shall--
                (1) allow a State or States to nominate and select a local
            food and beverage products supplier or suppliers or local
            promotional event partner;
                (2) allow a State or States to charge a reasonable price or
            fee for local food and beverage products or promotional events
            and related activities to help defray the costs of program
            administration and State-supported routes; and
                (3) provide a mechanism to ensure that State products can
            effectively be handled and integrated into existing food and
            beverage services, including compliance with all applicable
            regulations and standards governing such services.

        (c) Program Administration.--The pilot program shall--
                (1) for local food and beverage products, ensure the
            products are integrated into existing food and beverage
            services, including compliance with all applicable regulations
            and standards;
                (2) for promotional events, ensure the events are held in
            compliance with all applicable regulations and standards,
            including terms to address insurance requirements; and
                (3) require an annual report that documents revenues and
            costs and indicates whether the products or events resulted in a
            reduction in the financial contribution of a State or States to
            the applicable State-supported route.

        (d) Report.--Not later than 4 years after the date of enactment of
    this Act, Amtrak shall report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives on which States have
    participated in the pilot programs under this section. The report shall
    summarize the financial and operational outcomes of the pilot programs
    and include any plan for future action.
        (e) Rule of Construction.--Nothing in this section shall be
    construed as limiting Amtrak's ability to operate special trains in
    accordance with section 216 of the Passenger Rail Investment and
    Improvement Act of 2008 (49 U.S.C. 24308 note).

    [[Page 129 STAT. 1641]]

    SEC. 11210. <<NOTE: 49 USC 24305 note.>>  AMTRAK PILOT PROGRAM FOR
                                PASSENGERS TRANSPORTING DOMESTICATED
                                CATS AND DOGS.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, Amtrak shall develop a pilot program that allows passengers
    to transport domesticated cats or dogs on certain trains operated by
    Amtrak.
        (b) Pet Policy.--In developing the pilot program required under
    subsection (a), Amtrak shall--
                (1) in the case of a passenger train that is comprised of
            more than 1 car, designate, where feasible, at least 1 car in
            which a ticketed passenger may transport a domesticated cat or
            dog in the same manner as carry-on baggage if--
                        (A) the cat or dog is contained in a pet kennel;
                        (B) the pet kennel complies with Amtrak size
                    requirements for carriage of carry-on baggage;
                        (C) the passenger is traveling on a train operating
                    on a route described in subparagraph (A), (B), or (D) of
                    section 24102(7) of title 49, United States Code; and
                        (D) the passenger pays a fee described in paragraph
                    (3);
                (2) allow a ticketed passenger to transport a domesticated
            cat or dog on a train in the same manner as cargo if--
                        (A) the cat or dog is contained in a pet kennel;
                        (B) the pet kennel complies with Amtrak size
                    requirements for carriage of carry-on baggage;
                        (C) the passenger is traveling on a train operating
                    on a route described in subparagraph (A), (B), or (D) of
                    section 24102(7) of title 49, United States Code;
                        (D) the cargo area is temperature controlled in a
                    manner protective of cat and dog safety and health; and
                        (E) the passenger pays a fee described in paragraph
                    (3); and
                (3) collect fees for each cat or dog transported by a
            ticketed passenger in an amount that, in the aggregate and at a
            minimum, covers the full costs of the pilot program.

        (c) Report.--Not later than 1 year after the pilot program required
    under subsection (a) is first implemented, Amtrak shall transmit to the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report containing an evaluation of the pilot program.
        (d) Limitation on Statutory Construction.--
                (1) Service animals.--The pilot program under subsection (a)
            shall be separate from and in addition to the policy governing
            Amtrak passengers traveling with service animals. Nothing in
            this section may be interpreted to limit or waive the rights of
            passengers to transport service animals.
                (2) Additional train cars.--Nothing in this section may be
            interpreted to require Amtrak to add additional train cars or
            modify existing train cars.
                (3) Federal funds.--No Federal funds may be used to
            implement the pilot program required under this section.
    SEC. 11211. <<NOTE: 49 USC 24305 note.>>  RIGHT-OF-WAY LEVERAGING.

        (a) Request for Proposals.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, Amtrak shall issue a Request for

    [[Page 129 STAT. 1642]]

            Proposals seeking qualified persons or entities to utilize
            right-of-way and real estate owned, controlled, or managed by
            Amtrak for telecommunications systems, energy distribution
            systems, and other activities considered appropriate by Amtrak.
                (2) Contents.--The Request for Proposals shall provide
            sufficient information on the right-of-way and real estate
            assets to enable respondents to propose an arrangement that will
            monetize or generate additional revenue from such assets through
            revenue sharing or leasing agreements with Amtrak, to the extent
            possible.
                (3) Deadline.--Amtrak shall set a deadline for the
            submission of proposals that is not later than 1 year after the
            issuance of the Request for Proposals under paragraph (1).

        (b) Consideration of Proposals.--Not later than 180 days after the
    deadline for the receipt of proposals under subsection (a), the Amtrak
    Board of Directors shall review and consider each qualified proposal.
    Amtrak may enter into such agreements as are necessary to implement any
    qualified proposal.
        (c) Report.--Not later than 1 year after the deadline for the
    receipt of proposals under subsection (a), Amtrak shall transmit to the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the Request for Proposals required by this
    section, including summary information of any proposals submitted to
    Amtrak and any proposals accepted by the Amtrak Board of Directors.
        (d) Savings Clause.--Nothing in this section shall be construed to
    limit Amtrak's ability to utilize right-of-way or real estate assets
    that it currently owns, controls, or manages or constrain Amtrak's
    ability to enter into agreements with other parties to utilize such
    assets.
    SEC. 11212. <<NOTE: 49 USC 24305 note.>>  STATION DEVELOPMENT.

        (a) Report on Development Options.--Not later than 1 year after the
    date of enactment of this Act, Amtrak shall submit a report to the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives that describes--
                (1) options to enhance economic development and
            accessibility of and around Amtrak stations and terminals, for
            the purposes of--
                        (A) improving station condition, functionality,
                    capacity, and customer amenities;
                        (B) generating additional investment capital and
                    development-related revenue streams;
                        (C) increasing ridership and revenue; and
                        (D) strengthening multimodal connections, including
                    transit, intercity buses, roll-on and roll-off bicycles,
                    and airports, as appropriate; and
                (2) options for additional Amtrak stops that would have a
            positive incremental financial impact to Amtrak, based on Amtrak
            feasibility studies that demonstrate a financial benefit to
            Amtrak by generating additional revenue that exceeds any
            incremental costs.

        (b) Request for Information.--Not later than 90 days after the date
    the report is submitted under subsection (a), Amtrak shall issue a
    Request for Information for 1 or more owners of

    [[Page 129 STAT. 1643]]

    stations served by Amtrak to formally express an interest in completing
    the requirements of this section.
        (c) Proposals.--
                (1) Request for proposals.--Not later than 180 days after
            the date the Request for Information is issued under subsection
            (b), Amtrak shall issue a Request for Proposals from qualified
            persons, including small business concerns owned and controlled
            by socially and economically disadvantaged individuals and
            veteran-owned small businesses, to lead, participate, or partner
            with Amtrak, a station owner that responded under subsection
            (b), and other entities in enhancing development in and around
            such stations and terminals using applicable options identified
            under subsection (a) at facilities selected by Amtrak.
                (2) Consideration of proposals.--Not later than 1 year after
            the date the Request for Proposals is issued under paragraph
            (1), the Amtrak Board of Directors shall review and consider
            qualified proposals submitted under paragraph (1). Amtrak or a
            station owner that responded under subsection (b) may enter into
            such agreements as are necessary to implement any qualified
            proposal.

        (d) Report.--Not later than 4 years after the date of enactment of
    this Act, Amtrak shall transmit to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on the Request
    for Proposals process required under this section, including summary
    information of any qualified proposals submitted to Amtrak and any
    proposals acted upon by Amtrak or a station owner that responded under
    subsection (b).
        (e) Definitions.--In this section, the terms ``small business
    concern'', ``socially and economically disadvantaged individual'', and
    ``veteran-owned small business'' have the meanings given the terms in
    section 11310(c) of this Act.
        (f) Savings Clause.--Nothing in this section shall be construed to
    limit Amtrak's ability to develop its stations, terminals, or other
    assets, to constrain Amtrak's ability to enter into and carry out
    agreements with other parties to enhance development at or around Amtrak
    stations or terminals, or to affect any station development initiatives
    ongoing as of the date of enactment of this Act.
    SEC. 11213. AMTRAK BOARDING PROCEDURES.

        (a) Report.--Not later than 9 months after the date of enactment of
    this Act, the Amtrak Office of Inspector General shall submit a report
    to the Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives that--
                (1) evaluates Amtrak's boarding procedures for passengers,
            including passengers using or transporting nonmotorized
            transportation, such as bicycles, at its 15 stations through
            which the most people pass;
                (2) compares Amtrak's boarding procedures to--
                        (A) boarding procedures of providers of commuter
                    railroad passenger transportation at stations shared
                    with Amtrak;
                        (B) international intercity passenger rail boarding
                    procedures; and
                        (C) fixed guideway transit boarding procedures; and

    [[Page 129 STAT. 1644]]

                (3) makes recommendations, as appropriate, to improve
            Amtrak's boarding procedures, including recommendations
            regarding the queuing of passengers and free-flow of all station
            users and facility improvements needed to achieve the
            recommendations.

        (b) Consideration of Recommendations.--Not later than 6 months after
    the report is submitted under subsection (a), the Amtrak Board of
    Directors shall consider each recommendation provided under subsection
    (a)(3) for implementation at appropriate locations across the Amtrak
    system.
    SEC. 11214. AMTRAK DEBT.

        Section 205 of the Passenger Rail Investment and Improvement Act of
    2008 (49 U.S.C. 24101 note) is amended--
                (1) by striking ``as of the date of enactment of this Act''
            each place it appears;
                (2) in subsection (a)--
                        (A) by inserting ``, to the extent provided in
                    advance in appropriations Acts'' after ``Amtrak's
                    indebtedness''; and
                        (B) by striking the second sentence;
                (3) in subsection (b) by striking ``The Secretary of the
            Treasury, in consultation'' and inserting ``To the extent
            amounts are provided in advance in appropriations Acts, the
            Secretary of the Treasury, in consultation'';
                (4) in subsection (d), by inserting ``, to the extent
            provided in advance in appropriations Acts'' after ``as
            appropriate'';
                (5) in subsection (e)--
                        (A) in paragraph (1) by striking ``by section 102 of
                    this division''; and
                        (B) in paragraph (2) by striking ``by section 102''
                    and inserting ``for Amtrak'';
                (6) in subsection (g) by inserting ``, unless that debt
            receives credit assistance, including direct loans and loan
            guarantees, under chapter 6 of title 23, United States Code or
            title V of the Railroad Revitalization and Regulatory Reform Act
            of 1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
                (7) by striking subsection (h).
    SEC. 11215. <<NOTE: 49 USC 24320 note.>>  ELIMINATION OF
                                DUPLICATIVE REPORTING.

        Not later than 1 year after the date of enactment of this Act, the
    Secretary shall--
                (1) review existing Amtrak reporting requirements and
            identify where the existing requirements are duplicative with
            the business line and asset plans required by section 24320 of
            title 49, United States Code, or any other planning or reporting
            requirements under Federal law or regulation;
                (2) if the duplicative requirements identified under
            paragraph (1) are administrative, eliminate such requirements;
            and
                (3) submit to Congress a report with any recommendations for
            repealing any other duplicative requirements.

                   Subtitle C--Intercity Passenger Rail Policy

    SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
                                IMPROVEMENTS.

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

    [[Page 129 STAT. 1645]]

    ``Sec. 24407. <<NOTE: 49 USC 24407.>>  Consolidated rail
                        infrastructure and safety improvements

        ``(a) General Authority.--The Secretary may make grants under this
    section to an eligible recipient to assist in financing the cost of
    improving passenger and freight rail transportation systems in terms of
    safety, efficiency, or reliability.
        ``(b) Eligible Recipients.--The following entities are eligible to
    receive a grant under this section:
                ``(1) A State.
                ``(2) A group of States.
                ``(3) An Interstate Compact.
                ``(4) A public agency or publicly chartered authority
            established by 1 or more States.
                ``(5) A political subdivision of a State.
                ``(6) Amtrak or another rail carrier that provides intercity
            rail passenger transportation (as defined in section 24102).
                ``(7) A Class II railroad or Class III railroad (as those
            terms are defined in section 20102).
                ``(8) Any rail carrier or rail equipment manufacturer in
            partnership with at least 1 of the entities described in
            paragraphs (1) through (5).
                ``(9) The Transportation Research Board and any entity with
            which it contracts in the development of rail-related research,
            including cooperative research programs.
                ``(10) A University transportation center engaged in rail-
            related research.
                ``(11) A non-profit labor organization representing a class
            or craft of employees of rail carriers or rail carrier
            contractors.

        ``(c) Eligible Projects.--The following projects are eligible to
    receive grants under this section:
                ``(1) Deployment of railroad safety technology, including
            positive train control and rail integrity inspection systems.
                ``(2) A capital project as defined in section 24401(2),
            except that a project shall not be required to be in a State
            rail plan developed under chapter 227.
                ``(3) A capital project identified by the Secretary as being
            necessary to address congestion challenges affecting rail
            service.
                ``(4) A capital project identified by the Secretary as being
            necessary to reduce congestion and facilitate ridership growth
            in intercity passenger rail transportation along heavily
            traveled rail corridors.
                ``(5) A highway-rail grade crossing improvement project,
            including installation, repair, or improvement of grade
            separations, railroad crossing signals, gates, and related
            technologies, highway traffic signalization, highway lighting
            and crossing approach signage, roadway improvements such as
            medians or other barriers, railroad crossing panels and
            surfaces, and safety engineering improvements to reduce risk in
            quiet zones or potential quiet zones.
                ``(6) A rail line relocation and improvement project.
                ``(7) A capital project to improve short-line or regional
            railroad infrastructure.
                ``(8) The preparation of regional rail and corridor service
            development plans and corresponding environmental analyses.
                ``(9) Any project that the Secretary considers necessary to
            enhance multimodal connections or facilitate service integration
            between rail service and other modes, including between

    [[Page 129 STAT. 1646]]

            intercity rail passenger transportation and intercity bus
            service or commercial air service.
                ``(10) The development and implementation of a safety
            program or institute designed to improve rail safety.
                ``(11) Any research that the Secretary considers necessary
            to advance any particular aspect of rail-related capital,
            operations, or safety improvements.
                ``(12) Workforce development and training activities,
            coordinated to the extent practicable with the existing local
            training programs supported by the Department of Transportation,
            the Department of Labor, and the Department of Education.

        ``(d) Application Process.--The Secretary shall prescribe the form
    and manner of filing an application under this section.
        ``(e) Project Selection Criteria.--
                ``(1) In general.--In selecting a recipient of a grant for
            an eligible project, the Secretary shall--
                        ``(A) give preference to a proposed project for
                    which the proposed Federal share of total project costs
                    does not exceed 50 percent; and
                        ``(B) after factoring in preference to projects
                    under subparagraph (A), select projects that will
                    maximize the net benefits of the funds appropriated for
                    use under this section, considering the cost-benefit
                    analysis of the proposed project, including anticipated
                    private and public benefits relative to the costs of the
                    proposed project and factoring in the other
                    considerations described in paragraph (2).
                ``(2) Other considerations.--The Secretary shall also
            consider the following:
                        ``(A) The degree to which the proposed project's
                    business plan considers potential private sector
                    participation in the financing, construction, or
                    operation of the project.
                        ``(B) The recipient's past performance in developing
                    and delivering similar projects, and previous financial
                    contributions.
                        ``(C) Whether the recipient has or will have the
                    legal, financial, and technical capacity to carry out
                    the proposed project, satisfactory continuing control
                    over the use of the equipment or facilities, and the
                    capability and willingness to maintain the equipment or
                    facilities.
                        ``(D) If applicable, the consistency of the proposed
                    project with planning guidance and documents set forth
                    by the Secretary or required by law or State rail plans
                    developed under chapter 227.
                        ``(E) If applicable, any technical evaluation
                    ratings the proposed project received under previous
                    competitive grant programs administered by the
                    Secretary.
                        ``(F) Such other factors as the Secretary considers
                    relevant to the successful delivery of the project.
                ``(3) Benefits.--The benefits described in paragraph (1)(B)
            may include the effects on system and service performance,
            including measures such as improved safety, competitiveness,
            reliability, trip or transit time, resilience, efficiencies from
            improved integration with other modes, the ability to meet
            existing or anticipated demand, and any other benefits.

        ``(f) Performance Measures.--The Secretary shall establish
    performance measures for each grant recipient to assess progress

    [[Page 129 STAT. 1647]]

    in achieving strategic goals and objectives. The Secretary may require a
    grant recipient to periodically report information related to such
    performance measures.
        ``(g) Rural Areas.--
                ``(1) In general.--Of the amounts appropriated under this
            section, at least 25 percent shall be available for projects in
            rural areas. The Secretary shall consider a project to be in a
            rural area if all or the majority of the project (determined by
            the geographic location or locations where the majority of the
            project funds will be spent) is located in a rural area.
                ``(2) Definition of rural area.--In this subsection, the
            term `rural area' means any area not in an urbanized area, as
            defined by the Bureau of the Census.

        ``(h) Federal Share of Total Project Costs.--
                ``(1) Total project costs.--The Secretary shall estimate the
            total costs of a project under this section based on the best
            available information, including any available engineering
            studies, studies of economic feasibility, environmental
            analyses, and information on the expected use of equipment or
            facilities.
                ``(2) Federal share.--The Federal share of total project
            costs under this section shall not exceed 80 percent.
                ``(3) Treatment of passenger rail revenue.--If Amtrak or
            another rail carrier is an applicant under this section, Amtrak
            or the other rail carrier, as applicable, may use ticket and
            other revenues generated from its operations and other sources
            to satisfy the non-Federal share requirements.

        ``(i) Applicability.--Except as specifically provided in this
    section, the use of any amounts appropriated for grants under this
    section shall be subject to the requirements of this chapter.
        ``(j) Availability.--Amounts appropriated for carrying out this
    section shall remain available until expended.
        ``(k) Limitation.--The requirements of sections 24402, 24403, and
    24404 and the definition contained in 24401(1) shall not apply to this
    section.
        ``(l) Special Transportation Circumstances.--
                ``(1) In general.--In carrying out this chapter, the
            Secretary shall allocate an appropriate portion of the amounts
            available to programs in this chapter to provide grants to
            States--
                        ``(A) in which there is no intercity passenger rail
                    service, for the purpose of funding freight rail capital
                    projects that are on a State rail plan developed under
                    chapter 227 that provide public benefits (as defined in
                    chapter 227), as determined by the Secretary; or
                        ``(B) in which the rail transportation system is not
                    physically connected to rail systems in the continental
                    United States or may not otherwise qualify for a grant
                    under this section due to the unique characteristics of
                    the geography of that State or other relevant
                    considerations, for the purpose of funding
                    transportation-related capital projects.
                ``(2) Definition.--For the purposes of this subsection, the
            term `appropriate portion' means a share, for each State subject
            to paragraph (1), not less than the share of the total railroad
            route miles in such State of the total railroad route miles in
            the United States, excluding from all totals the route miles

    [[Page 129 STAT. 1648]]

            exclusively used for tourist, scenic, and excursion railroad
            operations.''.

        (b) Conforming Amendment.--The table of contents of chapter 244 of
    title 49, United States Code, <<NOTE: 49 USC prec. 24401.>>  is amended
    by adding after the item relating to section 24406 the following:

    ``24407. Consolidated rail infrastructure and safety improvements.''.

        (c) Repeals.--
                (1) Sections 20154 and 20167 of chapter 201 of title 49,
            United States Code, and the items relating to such sections in
            the table of contents of such chapter, are repealed.
                (2) Section 24105 of chapter 241 of title 49, United States
            Code, and the item relating to such section in the table of
            contents of such chapter, <<NOTE: 49 USC prec. 24101.>>  is
            repealed.
                (3) Chapter 225 of title 49, United States Code, and the
            item relating to such chapter in the table of contents of
            subtitle V of such title, <<NOTE: 49 USC prec. 20101.>>  is
            repealed.
                (4) Section 22108 of chapter 221 of title 49, United States
            Code, and the item relating to such section in the table of
            contents of such chapter, <<NOTE: 49 USC prec. 22101.>>  are
            repealed.
    SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

        (a) Amendment.--Chapter 249 of title 49, United States Code, is
    amended by inserting after section 24910 the following:
    ``Sec. 24911. <<NOTE: 49 USC 24911.>>  Federal-State partnership
                        for state of good repair

        ``(a) Definitions.--In this section:
                ``(1) Applicant.--The term `applicant' means--
                        ``(A) a State (including the District of Columbia);
                        ``(B) a group of States;
                        ``(C) an Interstate Compact;
                        ``(D) a public agency or publicly chartered
                    authority established by 1 or more States;
                        ``(E) a political subdivision of a State;
                        ``(F) Amtrak, acting on its own behalf or under a
                    cooperative agreement with 1 or more States; or
                        ``(G) any combination of the entities described in
                    subparagraphs (A) through (F).
                ``(2) Capital project.--The term `capital project' means--
                        ``(A) a project primarily intended to replace,
                    rehabilitate, or repair major infrastructure assets
                    utilized for providing intercity rail passenger service,
                    including tunnels, bridges, stations, and other assets,
                    as determined by the Secretary; or
                        ``(B) a project primarily intended to improve
                    intercity passenger rail performance, including reduced
                    trip times, increased train frequencies, higher
                    operating speeds, and other improvements, as determined
                    by the Secretary.
                ``(3) Intercity rail passenger transportation.--The term
            `intercity rail passenger transportation' has the meaning given
            the term in section 24102.
                ``(4) Northeast corridor.--The term `Northeast Corridor'
            means--
                        ``(A) the main rail line between Boston,
                    Massachusetts and the District of Columbia;

    [[Page 129 STAT. 1649]]

                        ``(B) the branch rail lines connecting to
                    Harrisburg, Pennsylvania, Springfield, Massachusetts,
                    and Spuyten Duyvil, New York; and
                        ``(C) facilities and services used to operate and
                    maintain lines described in subparagraphs (A) and (B).
                ``(5) Qualified railroad asset.--The term `qualified
            railroad asset' means infrastructure, equipment, or a facility
            that--
                        ``(A) is owned or controlled by an eligible
                    applicant;
                        ``(B) is contained in the planning document
                    developed under section 24904 and for which a cost-
                    allocation policy has been developed under section
                    24905(c), or is contained in an equivalent planning
                    document and for which a similar cost-allocation policy
                    has been developed; and
                        ``(C) was not in a state of good repair on the date
                    of enactment of the Passenger Rail Reform and Investment
                    Act of 2015.

        ``(b) Grant Program Authorized.--The Secretary of Transportation
    shall develop and implement a program for issuing grants to applicants,
    on a competitive basis, to fund capital projects that reduce the state
    of good repair backlog with respect to qualified railroad assets.
        ``(c) Eligible Projects.--Projects eligible for grants under this
    section include capital projects to replace or rehabilitate qualified
    railroad assets, including--
                ``(1) capital projects to replace existing assets in-kind;
                ``(2) capital projects to replace existing assets with
            assets that increase capacity or provide a higher level of
            service;
                ``(3) capital projects to ensure that service can be
            maintained while existing assets are brought to a state of good
            repair; and
                ``(4) capital projects to bring existing assets into a state
            of good repair.

        ``(d) Project Selection Criteria.--In selecting an applicant for a
    grant under this section, the Secretary shall--
                ``(1) give preference to eligible projects for which--
                        ``(A) Amtrak is not the sole applicant;
                        ``(B) applications were submitted jointly by
                    multiple applicants; and
                        ``(C) the proposed Federal share of total project
                    costs does not exceed 50 percent; and
                ``(2) take into account--
                        ``(A) the cost-benefit analysis of the proposed
                    project, including anticipated private and public
                    benefits relative to the costs of the proposed project,
                    including--
                              ``(i) effects on system and service
                          performance;
                              ``(ii) effects on safety, competitiveness,
                          reliability, trip or transit time, and resilience;
                              ``(iii) efficiencies from improved integration
                          with other modes; and
                              ``(iv) ability to meet existing or anticipated
                          demand;
                        ``(B) the degree to which the proposed project's
                    business plan considers potential private sector
                    participation in the financing, construction, or
                    operation of the proposed project;
                        ``(C) the applicant's past performance in developing
                    and delivering similar projects, and previous financial
                    contributions;

    [[Page 129 STAT. 1650]]

                        ``(D) whether the applicant has, or will have--
                              ``(i) the legal, financial, and technical
                          capacity to carry out the project;
                              ``(ii) satisfactory continuing control over
                          the use of the equipment or facilities; and
                              ``(iii) the capability and willingness to
                          maintain the equipment or facilities;
                        ``(E) if applicable, the consistency of the project
                    with planning guidance and documents set forth by the
                    Secretary or required by law; and
                        ``(F) any other relevant factors, as determined by
                    the Secretary.

        ``(e) Northeast Corridor Projects.--
                ``(1) Compliance with usage agreements.--Grant funds may not
            be provided under this section to an eligible recipient for an
            eligible project located on the Northeast Corridor unless Amtrak
            and the public authorities providing commuter rail passenger
            transportation on the Northeast Corridor are in compliance with
            section 24905(c)(2).
                ``(2) Capital investment plan.--When selecting projects
            located on the Northeast Corridor, the Secretary shall consider
            the appropriate sequence and phasing of projects as contained in
            the Northeast Corridor capital investment plan developed
            pursuant to section 24904(a).

        ``(f) Federal Share of Total Project Costs.--
                ``(1) Total project cost.--The Secretary shall estimate the
            total cost of a project under this section based on the best
            available information, including engineering studies, studies of
            economic feasibility, environmental analyses, and information on
            the expected use of equipment or facilities.
                ``(2) Federal share.--The Federal share of total costs for a
            project under this section shall not exceed 80 percent.
                ``(3) Treatment of amtrak revenue.--If Amtrak is an
            applicant under this section, Amtrak may use ticket and other
            revenues generated from its operations and other sources to
            satisfy the non-Federal share requirements.

        ``(g) Letters of Intent.--
                ``(1) In general.--The Secretary shall, to the maximum
            extent practicable, issue a letter of intent to a grantee under
            this section that--
                        ``(A) announces an intention to obligate, for a
                    major capital project under this section, an amount from
                    future available budget authority specified in law that
                    is not more than the amount stipulated as the financial
                    participation of the Secretary in the project; and
                        ``(B) states that the contingent commitment--
                              ``(i) is not an obligation of the Federal
                          Government; and
                              ``(ii) is subject to the availability of
                          appropriations for grants under this section and
                          subject to Federal laws in force or enacted after
                          the date of the contingent commitment.
                ``(2) Congressional notification.--
                        ``(A) In general.--Not later than 30 days before
                    issuing a letter under paragraph (1), the Secretary
                    shall submit written notification to--

    [[Page 129 STAT. 1651]]

                              ``(i) the Committee on Commerce, Science, and
                          Transportation of the Senate;
                              ``(ii) the Committee on Appropriations of the
                          Senate;
                              ``(iii) the Committee on Transportation and
                          Infrastructure of the House of Representatives;
                          and
                              ``(iv) the Committee on Appropriations of the
                          House of Representatives.
                        ``(B) Contents.--The notification submitted pursuant
                    to subparagraph (A) shall include--
                              ``(i) a copy of the proposed letter;
                              ``(ii) the criteria used under subsection (d)
                          for selecting the project for a grant award; and
                              ``(iii) a description of how the project meets
                          such criteria.
                ``(3) Appropriations required.--An obligation or
            administrative commitment may be made under this section only
            when amounts are appropriated for such purpose.

        ``(h) Availability.--Amounts appropriated for carrying out this
    section shall remain available until expended.
        ``(i) Grant Conditions.--Except as specifically provided in this
    section, the use of any amounts appropriated for grants under this
    section shall be subject to the grant conditions under section 24405.''.
        (b) Conforming Amendment.--The table of contents for chapter
    249 <<NOTE: 49 USC prec. 24901.>>  is amended by inserting after the
    item relating to section 24910 the following:

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

    SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.

        (a) In General.--Chapter 244 of title 49, United States Code, is
    further amended by adding at the end the following:
    ``Sec. 24408. <<NOTE: 49 USC 24408.>>  Restoration and enhancement
                        grants

        ``(a) Applicant Defined.--Notwithstanding section 24401(1), in this
    section, the term `applicant' means--
                ``(1) a State, including the District of Columbia;
                ``(2) a group of States;
                ``(3) an Interstate Compact;
                ``(4) a public agency or publicly chartered authority
            established by 1 or more States;
                ``(5) a political subdivision of a State;
                ``(6) Amtrak or another rail carrier that provides intercity
            rail passenger transportation;
                ``(7) Any rail carrier in partnership with at least 1 of the
            entities described in paragraphs (1) through (5); and
                ``(8) any combination of the entities described in
            paragraphs (1) through (7).

        ``(b) Grants Authorized.--The Secretary of Transportation shall
    develop and implement a program for issuing operating assistance grants
    to applicants, on a competitive basis, for the purpose of initiating,
    restoring, or enhancing intercity rail passenger transportation.
        ``(c) Application.--An applicant for a grant under this section
    shall submit to the Secretary--
                ``(1) a capital and mobilization plan that--

    [[Page 129 STAT. 1652]]

                        ``(A) describes any capital investments, service
                    planning actions (such as environmental reviews), and
                    mobilization actions (such as qualification of train
                    crews) required for initiation of intercity rail
                    passenger transportation; and
                        ``(B) includes the timeline for undertaking and
                    completing each of the investments and actions referred
                    to in subparagraph (A);
                ``(2) an operating plan that describes the planned operation
            of the service, including--
                        ``(A) the identity and qualifications of the train
                    operator;
                        ``(B) the identity and qualifications of any other
                    service providers;
                        ``(C) service frequency;
                        ``(D) the planned routes and schedules;
                        ``(E) the station facilities that will be utilized;
                        ``(F) projected ridership, revenues, and costs;
                        ``(G) descriptions of how the projections under
                    subparagraph (F) were developed;
                        ``(H) the equipment that will be utilized, how such
                    equipment will be acquired or refurbished, and where
                    such equipment will be maintained; and
                        ``(I) a plan for ensuring safe operations and
                    compliance with applicable safety regulations;
                ``(3) a funding plan that--
                        ``(A) describes the funding of initial capital costs
                    and operating costs for the first 3 years of operation;
                        ``(B) includes a commitment by the applicant to
                    provide the funds described in subparagraph (A) to the
                    extent not covered by Federal grants and revenues; and
                        ``(C) describes the funding of operating costs and
                    capital costs, to the extent necessary, after the first
                    3 years of operation; and
                ``(4) a description of the status of negotiations and
            agreements with--
                        ``(A) each of the railroads or regional
                    transportation authorities whose tracks or facilities
                    would be utilized by the service;
                        ``(B) the anticipated railroad carrier, if such
                    entity is not part of the applicant group; and
                        ``(C) any other service providers or entities
                    expected to provide services or facilities that will be
                    used by the service, including any required access to
                    Amtrak systems, stations, and facilities if Amtrak is
                    not part of the applicant group.

        ``(d) Priorities.--In awarding grants under this section, the
    Secretary shall give priority to applications--
                ``(1) for which planning, design, any environmental reviews,
            negotiation of agreements, acquisition of equipment,
            construction, and other actions necessary for initiation of
            service have been completed or nearly completed;
                ``(2) that would restore service over routes formerly
            operated by Amtrak, including routes described in section 11304
            of the Passenger Rail Reform and Investment Act of 2015;
                ``(3) that would provide daily or daytime service over
            routes where such service did not previously exist;

    [[Page 129 STAT. 1653]]

                ``(4) that include funding (including funding from
            railroads), or other significant participation by State, local,
            and regional governmental and private entities;
                ``(5) that include a funding plan that demonstrates the
            intercity rail passenger service will be financially sustainable
            beyond the 3-year grant period;
                ``(6) that would provide service to regions and communities
            that are underserved or not served by other intercity public
            transportation;
                ``(7) that would foster economic development, particularly
            in rural communities and for disadvantaged populations;
                ``(8) that would provide other non-transportation benefits;
            and
                ``(9) that would enhance connectivity and geographic
            coverage of the existing national network of intercity rail
            passenger service.

        ``(e) Limitations.--
                ``(1) Duration.--Federal operating assistance grants
            authorized under this section for any individual intercity rail
            passenger transportation route may not provide funding for more
            than 3 years and may not be renewed.
                ``(2) Limitation.--Not more than 6 of the operating
            assistance grants awarded pursuant to subsection (b) may be
            simultaneously active.
                ``(3) Maximum funding.--Grants described in paragraph (1)
            may not exceed--
                        ``(A) 80 percent of the projected net operating
                    costs for the first year of service;
                        ``(B) 60 percent of the projected net operating
                    costs for the second year of service; and
                        ``(C) 40 percent of the projected net operating
                    costs for the third year of service.

        ``(f) Use With Capital Grants and Other Federal Funding.--A
    recipient of an operating assistance grant under subsection (b) may use
    that grant in combination with other Federal grants awarded that would
    benefit the applicable service.
        ``(g) Availability.--Amounts appropriated for carrying out this
    section shall remain available until expended.
        ``(h) Coordination With Amtrak.--If the Secretary awards a grant
    under this section to a rail carrier other than Amtrak, Amtrak may be
    required consistent with section 24711(c)(1) of this title to provide
    access to its reservation system, stations, and facilities that are
    directly related to operations to such carrier, to the extent necessary
    to carry out the purposes of this section. The Secretary may award an
    appropriate portion of the grant to Amtrak as compensation for this
    access.
        ``(i) Conditions.--
                ``(1) Grant agreement.--The Secretary shall require a grant
            recipient under this section to enter into a grant agreement
            that requires such recipient to provide similar information
            regarding the route performance, financial, and ridership
            projections, and capital and business plans that Amtrak is
            required to provide, and such other data and information as the
            Secretary considers necessary.
                ``(2) Installments; termination.--The Secretary may--
                        ``(A) award grants under this section in
                    installments, as the Secretary considers appropriate;
                    and

    [[Page 129 STAT. 1654]]

                        ``(B) terminate any grant agreement upon--
                              ``(i) the cessation of service; or
                              ``(ii) the violation of any other term of the
                          grant agreement.
                ``(3) Grant conditions.--The Secretary shall require each
            recipient of a grant under this section to comply with the grant
            requirements of section 24405.

        ``(j) Report.--Not later than 4 years after the date of enactment of
    the Passenger Rail Reform and Investment Act of 2015, the Secretary,
    after consultation with grant recipients under this section, shall
    submit to Congress a report that describes--
                ``(1) the implementation of this section;
                ``(2) the status of the investments and operations funded by
            such grants;
                ``(3) the performance of the routes funded by such grants;
                ``(4) the plans of grant recipients for continued operation
            and funding of such routes; and
                ``(5) any legislative recommendations.''.

        (b) Conforming Amendments.--
                (1) Chapter 244.--Chapter 244 of title 49, United States
            Code, <<NOTE: 49 USC prec. 24401.>>  is further amended--
                        (A) in the table of contents by adding at the end
                    the following:

    ``24408. Restoration and enhancement grants.'';

                        (B) in the chapter heading by striking ``INTERCITY
                    PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE'' and
                    inserting ``RAIL IMPROVEMENT GRANTS'';
                        (C) in section 24402 by striking subsection (j); and
                        (D) in section 24405--
                              (i) in subsection (b)(2) by striking ``(43''
                          and inserting ``(45'';
                              (ii) in subsection (c)(2)(B) by striking
                          ``protective arrangements established'' and
                          inserting ``protective arrangements that are
                          equivalent to the protective arrangements
                          established'';
                              (iii) in subsection (d)(1), in the matter
                          preceding subparagraph (A), by inserting ``or
                          unless Amtrak ceased providing intercity passenger
                          railroad transportation over the affected route
                          more than 3 years before the commencement of new
                          service'' after ``unless such service was provided
                          solely by Amtrak to another entity''; and
                              (iv) in subsection (f) by striking ``under
                          this chapter for commuter rail passenger
                          transportation, as defined in section 24102(4) of
                          this title.'' and inserting ``under this chapter
                          for commuter rail passenger transportation (as
                          defined in section 24102(3)).''; and
                (2) Table of chapters amendment.--The item relating to
            chapter 244 in the table of chapters of subtitle V of title 49,
            United States Code, <<NOTE: 49 USC prec. 20101.>>  is amended by
            striking ``Intercity passenger rail service corridor capital
            assistance'' and inserting ``Rail improvement grants''.

    [[Page 129 STAT. 1655]]

    SEC. 11304. GULF COAST RAIL SERVICE WORKING GROUP.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Secretary shall convene a working group to evaluate the
    restoration of intercity rail passenger service in the Gulf Coast region
    between New Orleans, Louisiana, and Orlando, Florida.
        (b) Membership.--The working group convened pursuant to subsection
    (a) shall consist of representatives of--
                (1) the Federal Railroad Administration, which shall serve
            as chair of the working group;
                (2) Amtrak;
                (3) the States along the proposed route or routes;
                (4) regional transportation planning organizations and
            metropolitan planning organizations, municipalities, and
            communities along the proposed route or routes, which shall be
            selected by the Administrator;
                (5) the Southern Rail Commission;
                (6) railroad carriers whose tracks may be used for such
            service; and
                (7) other entities determined appropriate by the Secretary,
            which may include other railroad carriers that express an
            interest in Gulf Coast service.

        (c) Responsibilities.--The working group shall--
                (1) evaluate all options for restoring intercity rail
            passenger service in the Gulf Coast region, including options
            outlined in the report transmitted to Congress pursuant to
            section 226 of the Passenger Rail Investment and Improvement Act
            of 2008 (division B of Public Law 110-432);
                (2) select a preferred option for restoring such service;
                (3) develop a prioritized inventory of capital projects and
            other actions required to restore such service and cost
            estimates for such projects or actions; and
                (4) identify Federal and non-Federal funding sources
            required to restore such service, including options for entering
            into public-private partnerships to restore such service.

        (d) Report.--Not later than 9 months after the date of enactment of
    this Act, the working group shall submit a report to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives that
    includes--
                (1) the preferred option selected under subsection (c)(2)
            and the reasons for selecting such option;
                (2) the information described in subsection (c)(3);
                (3) the funding sources identified under subsection (c)(4);
                (4) the costs and benefits of restoring intercity rail
            passenger transportation in the region; and
                (5) any other information the working group determines
            appropriate.

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

    [[Page 129 STAT. 1656]]

    SEC. 11305. NORTHEAST CORRIDOR COMMISSION.

        (a) Composition.--Section 24905(a) of title 49, United States Code,
    is amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A) by
                    inserting ``, infrastructure investments,'' after ``rail
                    operations'';
                        (B) by striking subparagraph (B) and inserting the
                    following:
                        ``(B) members representing the Department of
                    Transportation, including the Office of the Secretary,
                    the Federal Railroad Administration, and the Federal
                    Transit Administration;''; and
                        (C) in subparagraph (D) by inserting ``and
                    commuter'' after ``freight''; and
                (2) by amending paragraph (6) to read as follows:
                ``(6) The members of the Commission shall elect co-chairs
            consisting of 1 member described in paragraph (1)(B) and 1
            member described in paragraph (1)(C).''.

        (b) Statement of Goals and Recommendations.--Section 24905(b) of
    title 49, United States Code, is amended--
                (1) in paragraph (1) by inserting ``and periodically
            update'' after ``develop'';
                (2) in paragraph (2)(A) by striking ``beyond those specified
            in the state-of-good-repair plan under section 211 of the
            Passenger Rail Investment and Improvement Act of 2008''; and
                (3) by adding at the end the following:
                ``(3) Submission of statement of goals, recommendations, and
            performance reports.--The Commission shall submit to the
            Committee on Commerce, Science, and Transportation of the Senate
            and the Committee on Transportation and Infrastructure of the
            House of Representatives--
                        ``(A) any updates made to the statement of goals
                    developed under paragraph (1) not later than 60 days
                    after such updates are made; and
                        ``(B) annual performance reports and recommendations
                    for improvements, as appropriate, issued not later than
                    March 31 of each year, for the prior fiscal year, which
                    summarize--
                              ``(i) the operations and performance of
                          commuter, intercity, and freight rail
                          transportation along the Northeast Corridor; and
                              ``(ii) the delivery of the capital investment
                          plan described in section 24904.''.

        (c) Cost Allocation Policy.--Section 24905(c) of title 49, United
    States Code, is amended--
                (1) in the subsection heading by striking ``Access Costs''
            and inserting ``Allocation of Costs'';
                (2) in paragraph (1)--
                        (A) in the paragraph heading by striking ``formula''
                    and inserting ``policy'';
                        (B) in the matter preceding subparagraph (A) by
                    striking ``Within 2 years after the date of enactment of
                    the Passenger Rail Investment and Improvement Act of
                    2008, the Commission'' and inserting ``The Commission'';
                        (C) in subparagraph (A) by striking ``formula'' and
                    inserting ``policy''; and

    [[Page 129 STAT. 1657]]

                        (D) by striking subparagraphs (B) through (D) and
                    inserting the following:
                        ``(B) develop a proposed timetable for implementing
                    the policy;
                        ``(C) submit the policy and the timetable developed
                    under subparagraph (B) to the Surface Transportation
                    Board, the Committee on Commerce, Science, and
                    Transportation of the Senate, and the Committee on
                    Transportation and Infrastructure of the House of
                    Representatives;
                        ``(D) not later than October 1, 2015, adopt and
                    implement the policy in accordance with the timetable;
                    and
                        ``(E) with the consent of a majority of its members,
                    petition the Surface Transportation Board to appoint a
                    mediator to assist the Commission members through
                    nonbinding mediation to reach an agreement under this
                    section.'';
                (3) in paragraph (2)--
                        (A) by striking ``formula proposed in'' and
                    inserting ``policy developed under''; and
                        (B) in the second sentence--
                              (i) by striking ``the timetable, the
                          Commission shall petition the Surface
                          Transportation Board to'' and inserting
                          ``paragraph (1)(D) or fail to comply with the
                          policy thereafter, the Surface Transportation
                          Board shall''; and
                              (ii) by striking ``amounts for such services
                          in accordance with section 24904(c) of this
                          title'' and inserting ``for such usage in
                          accordance with the procedures and procedural
                          schedule applicable to a proceeding under section
                          24903(c), after taking into consideration the
                          policy developed under paragraph (1)(A), as
                          applicable'';
                (4) in paragraph (3), by striking ``formula'' and inserting
            ``policy''; and
                (5) by adding at the end the following:
                ``(4) Request for dispute resolution.--If a dispute arises
            with the implementation of, or compliance with, the policy
            developed under paragraph (1), the Commission, Amtrak, or public
            authorities providing commuter rail passenger transportation on
            the Northeast Corridor may request that the Surface
            Transportation Board conduct dispute resolution. The Surface
            Transportation Board shall establish procedures for resolution
            of disputes brought before it under this paragraph, which may
            include the provision of professional mediation services.''.

        (d) Conforming Amendments.--
                (1) Title 49.--Section 24905 of title 49, United States
            Code, is amended--
                        (A) in the section heading by striking
                    ``infrastructure and operations advisory'';
                        (B) in subsection (a)--
                              (i) in the heading by striking
                          ``Infrastructure and Operations Advisory''; and
                              (ii) by striking ``Infrastructure and
                          Operations Advisory'';
                        (C) by striking subsection (d);

    [[Page 129 STAT. 1658]]

                        (D) by redesignating subsections (e) and (f) as
                    subsections (d) and (e), respectively;
                        (E) in subsection (d), as so redesignated--
                              (i) by striking ``to the Commission'' and
                          inserting ``to the Secretary for the use of the
                          Commission and the Northeast Corridor Safety
                          Committee''; and
                              (ii) by striking ``for the period encompassing
                          fiscal years 2009 through 2013 to carry out this
                          section'' and inserting ``to carry out this
                          section during fiscal years 2016 through 2020, in
                          addition to any amounts withheld under section
                          11101(g) of the Passenger Rail Reform and
                          Investment Act of 2015''; and
                        (F) in subsection (e)(2), as so redesignated, by
                    striking ``on the main line.'' and inserting ``on the
                    main line and meet annually with the Commission on the
                    topic of Northeast Corridor safety and security.''.
                (2) Table of contents.--The table of contents for chapter
            249 of title 49, United States Code, <<NOTE: 49 USC prec.
            24901.>>  is amended by striking the item relating to section
            24905 and inserting the following:

    ``24905. Northeast Corridor Commission.''.

    SEC. 11306. NORTHEAST CORRIDOR PLANNING.

        (a) Amendment.--Chapter 249 of title 49, United States Code, is
    amended--
                (1) by redesignating section 24904 as section 24903; and
                (2) by inserting after section 24903, as so redesignated,
            the following:
    ``Sec. 24904. <<NOTE: 49 USC 24904.>>  Northeast Corridor planning

        ``(a) Northeast Corridor Capital Investment Plan.--
                ``(1) Requirement.--Not later than May 1 of each year, the
            Northeast Corridor Commission established under section 24905
            (referred to in this section as the `Commission') shall--
                        ``(A) develop a capital investment plan for the
                    Northeast Corridor; and
                        ``(B) submit the capital investment plan to the
                    Secretary of Transportation and the Committee on
                    Commerce, Science, and Transportation of the Senate and
                    the Committee on Transportation and Infrastructure of
                    the House of Representatives.
                ``(2) Contents.--The capital investment plan shall--
                        ``(A) reflect coordination and network optimization
                    across the entire Northeast Corridor;
                        ``(B) integrate the individual capital and service
                    plans developed by each operator using the methods
                    described in the cost allocation policy developed under
                    section 24905(c);
                        ``(C) cover a period of 5 fiscal years, beginning
                    with the first fiscal year after the date on which the
                    plan is completed;
                        ``(D) notwithstanding section 24902(b), identify,
                    prioritize, and phase the implementation of projects and
                    programs to achieve the service outcomes identified in
                    the Northeast Corridor service development plan and the
                    asset condition needs identified in the Northeast
                    Corridor asset management plans, once available, and
                    consider--

    [[Page 129 STAT. 1659]]

                              ``(i) the benefits and costs of capital
                          investments in the plan;
                              ``(ii) project and program readiness;
                              ``(iii) the operational impacts; and
                              ``(iv) Federal and non-Federal funding
                          availability;
                        ``(E) categorize capital projects and programs as
                    primarily associated with--
                              ``(i) normalized capital replacement and basic
                          infrastructure renewals;
                              ``(ii) replacement or rehabilitation of major
                          Northeast Corridor infrastructure assets,
                          including tunnels, bridges, stations, and other
                          assets;
                              ``(iii) statutory, regulatory, or other legal
                          mandates;
                              ``(iv) improvements to support service
                          enhancements or growth; or
                              ``(v) strategic initiatives that will improve
                          overall operational performance or lower costs;
                        ``(F) identify capital projects and programs that
                    are associated with more than 1 category described in
                    subparagraph (E);
                        ``(G) describe the anticipated outcomes of each
                    project or program, including an assessment of--
                              ``(i) the potential effect on passenger
                          accessibility, operations, safety, reliability,
                          and resiliency;
                              ``(ii) the ability of infrastructure owners
                          and operators to meet regulatory requirements if
                          the project or program is not funded; and
                              ``(iii) the benefits and costs; and
                        ``(H) include a financial plan.
                ``(3) Financial plan.--The financial plan under paragraph
            (2)(H) shall--
                        ``(A) identify funding sources and financing
                    methods;
                        ``(B) identify the expected allocated shares of
                    costs pursuant to the cost allocation policy developed
                    under section 24905(c);
                        ``(C) identify the projects and programs that the
                    Commission expects will receive Federal financial
                    assistance; and
                        ``(D) identify the eligible entity or entities that
                    the Commission expects will receive the Federal
                    financial assistance described under subparagraph (C)
                    and implement each capital project.

        ``(b) Failure To Develop a Capital Investment Plan.--If a capital
    investment plan has not been developed by the Commission for a given
    fiscal year, then the funds assigned to the Northeast Corridor account
    established under section 24317(b) for that fiscal year may be spent
    only on--
                ``(1) capital projects described in clause (i) or (iii) of
            subsection (a)(2)(E) of this section; or
                ``(2) capital projects described in subsection (a)(2)(E)(iv)
            or (v) of this section that are for the sole benefit of Amtrak.

        ``(c) Northeast Corridor Asset Management.--
                ``(1) Contents.--With regard to its infrastructure, Amtrak
            and each State and public transportation entity that owns
            infrastructure that supports or provides for intercity rail
            passenger transportation on the Northeast Corridor shall develop

    [[Page 129 STAT. 1660]]

            an asset management system and develop and update, as necessary,
            a Northeast Corridor asset management plan for each service
            territory described in subsection (a) that--
                        ``(A) is consistent with the Federal Transit
                    Administration process, as authorized under section
                    5326, when implemented; and
                        ``(B) includes, at a minimum--
                              ``(i) an inventory of all capital assets owned
                          by the developer of the asset management plan;
                              ``(ii) an assessment of asset condition;
                              ``(iii) a description of the resources and
                          processes necessary to bring or maintain those
                          assets in a state of good repair, including
                          decision-support tools and investment
                          prioritization methods; and
                              ``(iv) a description of changes in asset
                          condition since the previous version of the plan.
                ``(2) Transmittal.--Each entity described in paragraph (1)
            shall transmit to the Commission--
                        ``(A) not later than 2 years after the date of
                    enactment of the Passenger Rail Reform and Investment
                    Act of 2015, a Northeast Corridor asset management plan
                    developed under paragraph (1); and
                        ``(B) at least biennially thereafter, an update to
                    such plan.

        ``(d) Northeast Corridor Service Development Plan Updates.--Not less
    frequently than once every 10 years, the Commission shall update the
    Northeast Corridor service development plan.
        ``(e) Definition of Northeast Corridor.--In this section, the term
    `Northeast Corridor' means the main line between Boston, Massachusetts,
    and the District of Columbia, and the Northeast Corridor branch lines
    connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and
    Spuyten Duyvil, New York, including the facilities and services used to
    operate and maintain those lines.''.
        (b) Conforming Amendments.--
                (1) Note and mortgage.--Section 24907(a) of title 49, United
            States Code, is amended by striking ``section 24904 of this
            title'' and inserting ``section 24903''.
                (2) Table of contents.--The table of contents for chapter
            249 of title 49, United States Code, <<NOTE: 49 USC prec.
            24901.>>  is amended--
                        (A) by redesignating the item relating to section
                    24904 as relating to section 24903; and
                        (B) by inserting after the item relating to section
                    24903, as so redesignated, the following:

    ``24904. Northeast Corridor planning.''.

                (3) Repeal.--Section 211 of the Passenger Rail Investment
            and Improvement Act of 2008 (49 U.S.C. 24902 note) is repealed.
    SEC. 11307. COMPETITION.

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

    [[Page 129 STAT. 1661]]

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

        ``(a) In General.--Not later than 18 months after the date of
    enactment of the Passenger Rail Reform and Investment Act of 2015, the
    Secretary of Transportation shall promulgate a rule to implement a pilot
    program for competitive selection of eligible petitioners described in
    subsection (b)(3) in lieu of Amtrak to operate not more than 3 long-
    distance routes (as defined in section 24102) operated by Amtrak on the
    date of enactment of such Act.
        ``(b) Pilot Program Requirements.--
                ``(1) In general.--The pilot program shall--
                        ``(A) allow a petitioner described in paragraph (3)
                    to petition the Secretary to provide intercity rail
                    passenger transportation over a long-distance route
                    described in subsection (a) for an operation period of 4
                    years from the date of commencement of service by the
                    winning bidder and, at the option of the Secretary,
                    consistent with the rule promulgated under subsection
                    (a), allow the contract to be renewed for 1 additional
                    operation period of 4 years;
                        ``(B) require the Secretary to--
                              ``(i) notify the petitioner and Amtrak of
                          receipt of the petition under subparagraph (A) and
                          to publish in the Federal Register a notice of
                          receipt not later than 30 days after the date of
                          receipt;
                              ``(ii) establish a deadline, of not more than
                          120 days after the notice of receipt is published
                          in the Federal Register under clause (i), by which
                          both the petitioner and Amtrak, if Amtrak chooses
                          to do so, would be required to submit a complete
                          bid to provide intercity rail passenger
                          transportation over the applicable route; and
                              ``(iii) upon selecting a winning bid, publish
                          in the Federal Register the identity of the
                          winning bidder, the long distance route that the
                          bidder will operate, a detailed justification of
                          the reasons why the Secretary selected the bid,
                          and any other information the Secretary determines
                          appropriate for public comment for a reasonable
                          period of time not to exceed 30 days after the
                          date on which the Secretary selects the bid;
                        ``(C) require that each bid--
                              ``(i) describe the capital needs, financial
                          projections, and operational plans, including
                          staffing plans, for the service, and such other
                          factors as the Secretary considers appropriate;
                          and
                              ``(ii) be made available by the winning bidder
                          to the public after the bid award with any
                          appropriate redactions for confidential or
                          proprietary information;
                        ``(D) for a route that receives funding from a State
                    or States, require that for each bid received from a
                    petitioner described in paragraph (3), other than such
                    State or States, the Secretary have the concurrence of
                    the State or States that provide funding for that route;
                    and
                        ``(E) for a winning bidder that is not or does not
                    include Amtrak, require the Secretary to execute a
                    contract not later than 270 days after the deadline
                    established under subparagraph (B)(ii) and award to the
                    winning bidder--
                              ``(i) subject to paragraphs (4) and (5), the
                          right and obligation to provide intercity rail
                          passenger

    [[Page 129 STAT. 1662]]

                          transportation over that route subject to such
                          performance standards as the Secretary may
                          require; and
                              ``(ii) an operating subsidy, as determined by
                          the Secretary, for--
                                        ``(I) the first year at a level that
                                    does not exceed 90 percent of the level
                                    in effect for that specific route during
                                    the fiscal year preceding the fiscal
                                    year in which the petition was received,
                                    adjusted for inflation; and
                                        ``(II) any subsequent years at the
                                    level calculated under subclause (I),
                                    adjusted for inflation.
                ``(2) Limitation.--The requirements under paragraph (1)(E),
            including the amounts of operating subsidies in the first and
            any subsequent years under paragraph (1)(E)(ii), shall not apply
            to a winning bidder that is or includes Amtrak.
                ``(3) Eligible petitioners.--The following parties are
            eligible to submit petitions under paragraph (1):
                        ``(A) A rail carrier or rail carriers that own the
                    infrastructure over which Amtrak operates a long-
                    distance route, or another rail carrier that has a
                    written agreement with a rail carrier or rail carriers
                    that own such infrastructure.
                        ``(B) A State, group of States, or State-supported
                    joint powers authority or other sub-State governance
                    entity responsible for provision of intercity rail
                    passenger transportation with a written agreement with
                    the rail carrier or rail carriers that own the
                    infrastructure over which Amtrak operates a long-
                    distance route and that host or would host the intercity
                    rail passenger transportation.
                        ``(C) A State, group of States, or State-supported
                    joint powers authority or other sub-State governance
                    entity responsible for provision of intercity rail
                    passenger transportation and a rail carrier with a
                    written agreement with another rail carrier or rail
                    carriers that own the infrastructure over which Amtrak
                    operates a long-distance route and that host or would
                    host the intercity rail passenger transportation.
                ``(4) Performance standards.--The performance standards
            required under paragraph (1)(E)(i) shall meet or exceed the
            performance required of or achieved by Amtrak on the applicable
            route during the last fiscal year.
                ``(5) Agreement governing access issues.--Unless the winning
            bidder already has applicable access rights or agreements in
            place or includes a rail carrier that owns the infrastructure
            used in the operation of the route, a winning bidder that is not
            or does not include Amtrak shall enter into a written agreement
            governing access issues between the winning bidder and the rail
            carrier or rail carriers that own the infrastructure over which
            the winning bidder would operate and that host or would host the
            intercity rail passenger transportation.

        ``(c) Access to Facilities; Employees.--If the Secretary awards the
    right and obligation to provide intercity rail passenger transportation
    over a route described in this section to an eligible petitioner--
                ``(1) the Secretary shall, if necessary to carry out the
            purposes of this section, require Amtrak to provide access to
            the

    [[Page 129 STAT. 1663]]

            Amtrak-owned reservation system, stations, and facilities
            directly related to operations of the awarded routes to the
            eligible petitioner awarded a contract under this section, in
            accordance with subsection (g);
                ``(2) an employee of any person, except as provided in a
            collective bargaining agreement, used by such eligible
            petitioner in the operation of a route under this section shall
            be considered an employee of that eligible petitioner and
            subject to the applicable Federal laws and regulations governing
            similar crafts or classes of employees of Amtrak; and
                ``(3) the winning bidder shall provide hiring preference to
            qualified Amtrak employees displaced by the award of the bid,
            consistent with the staffing plan submitted by the bidder, and
            shall be subject to the grant conditions under section 24405.

        ``(d) Cessation of Service.--If an eligible petitioner awarded a
    route under this section ceases to operate the service or fails to
    fulfill an obligation under a contract required under subsection
    (b)(1)(E), the Secretary, in collaboration with the Surface
    Transportation Board, shall take any necessary action consistent with
    this title to enforce the contract and ensure the continued provision of
    service, including--
                ``(1) the installment of an interim rail carrier;
                ``(2) providing to the interim rail carrier under paragraph
            (1) an operating subsidy necessary to provide service; and
                ``(3) rebidding the contract to operate the intercity rail
            passenger transportation.

        ``(e) Budget Authority.--
                ``(1) In general.--The Secretary shall provide to a winning
            bidder that is not or does not include Amtrak and that is
            selected under this section any appropriations withheld under
            section 11101(e) of the Passenger Rail Reform and Investment Act
            of 2015, or any subsequent appropriation for the same purpose,
            necessary to cover the operating subsidy described in subsection
            (b)(1)(E)(ii).
                ``(2) Attributable costs.--If the Secretary selects a
            winning bidder that is not or does not include Amtrak, the
            Secretary shall provide to Amtrak an appropriate portion of the
            appropriations under section 11101(b) of the Passenger Rail
            Reform and Investment Act of 2015, or any subsequent
            appropriation for the same purpose, to cover any cost directly
            attributable to the termination of Amtrak service on the route
            and any indirect costs to Amtrak imposed on other Amtrak routes
            as a result of losing service on the route operated by the
            winning bidder. Any amount provided by the Secretary to Amtrak
            under this paragraph shall not be deducted from or have any
            effect on the operating subsidy described in subsection
            (b)(1)(E)(ii).

        ``(f) Reporting.--If the Secretary does not promulgate the final
    rule before the deadline under subsection (a), the Secretary shall, not
    later than 19 months after the date of enactment of the Passenger Rail
    Reform and Investment Act of 2015 and every 90 days thereafter until the
    rule is complete, notify the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives in writing--
                ``(1) the reasons why the rule has not been issued;

    [[Page 129 STAT. 1664]]

                ``(2) a plan for completing the rule as soon as reasonably
            practicable; and
                ``(3) the estimated date of completion of the rule.

        ``(g) Disputes.--
                ``(1) Petitioning surface transportation board.--If Amtrak
            and the eligible petitioner awarded a route under this section
            cannot agree upon terms to carry out subsection (c)(1), either
            party may petition the Surface Transportation Board for a
            determination as to--
                        ``(A) whether access to Amtrak's facility or
                    equipment, or the provisions of services by Amtrak, is
                    necessary under subsection (c)(1); and
                        ``(B) whether the operation of Amtrak's other
                    services will not be unreasonably impaired by such
                    access.
                ``(2) Surface transportation board determination.--If the
            Surface Transportation Board determines access to Amtrak's
            facilities or equipment, or the provision of services by Amtrak,
            is necessary under paragraph (1)(A) and the operation of
            Amtrak's other services will not be unreasonably impaired under
            paragraph (1)(B), the Board shall issue an order that--
                        ``(A) requires Amtrak to provide the applicable
                    facilities, equipment, and services; and
                        ``(B) determines reasonable compensation, liability,
                    and other terms for the use of the facilities and
                    equipment and the provision of the services.

        ``(h) Limitation.--Not more than 3 long-distance routes may be
    selected under this section for operation by a winning bidder that is
    not or does not include Amtrak.
        ``(i) Preservation of Right to Competition on State-Supported
    Routes.--Nothing in this section shall be construed as prohibiting a
    State from introducing competition for intercity rail passenger
    transportation or services on its State-supported route or routes.
        ``(j) Savings Clause.--Nothing in this section shall affect Amtrak's
    access rights to railroad rights-of-way and facilities.''.
        (b) Conforming Amendment.--The table of contents for section 24711
    of title 49, United States Code, <<NOTE: 49 USC prec. 24701.>>  is
    amended to read as follows:

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

        (c) Report.--Not later than 4 years after the date of implementation
    of the pilot program under section 24711 of title 49, United States
    Code, and quadrennially thereafter until the pilot program is
    discontinued, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report on the results of the pilot program to date and any
    recommendations for further action.
    SEC. 11308. <<NOTE: 49 USC 24711 note.>>  PERFORMANCE-BASED
                                PROPOSALS.

        (a) Solicitation of Proposals.--
                (1) In general.--Not later than 30 days after the date of
            enactment of this Act, the Secretary shall issue a request for
            proposals for projects for the financing, design, construction,
            operation, and maintenance of a high-speed passenger rail system
            operating within a high-speed rail corridor, including--

    [[Page 129 STAT. 1665]]

                        (A) the Northeast Corridor;
                        (B) the California Corridor;
                        (C) the Empire Corridor;
                        (D) the Pacific Northwest Corridor;
                        (E) the South Central Corridor;
                        (F) the Gulf Coast Corridor;
                        (G) the Chicago Hub Network;
                        (H) the Florida Corridor;
                        (I) the Keystone Corridor;
                        (J) the Northern New England Corridor; and
                        (K) the Southeast Corridor.
                (2) Submission.--Proposals shall be submitted to the
            Secretary not later than 180 days after the publication of the
            request for proposals under paragraph (1).
                (3) Performance standard.--Proposals submitted under
            paragraph (2) shall meet any standards established by the
            Secretary. For corridors with existing intercity passenger rail
            service, proposals shall also be designed to achieve a reduction
            of existing minimum intercity rail service trip times between
            the main corridor city pairs by a minimum of 25 percent. In the
            case of a proposal submitted with respect to paragraph (1)(A),
            the proposal shall be designed to achieve a 2-hour or less
            express service between Washington, District of Columbia, and
            New York City, New York.
                (4) Contents.--A proposal submitted under this subsection
            shall include--
                        (A) the names and qualifications of the persons
                    submitting the proposal and the entities proposed to
                    finance, design, construct, operate, and maintain the
                    railroad, railroad equipment, and related facilities,
                    stations, and infrastructure;
                        (B) a detailed description of the proposed rail
                    service, including possible routes, required
                    infrastructure investments and improvements, equipment
                    needs and type, train frequencies, peak and average
                    operating speeds, and trip times;
                        (C) a description of how the project would comply
                    with all applicable Federal rail safety and security
                    laws, orders, and regulations;
                        (D) the locations of proposed stations, which
                    maximize the usage of existing infrastructure to the
                    extent possible, and the populations such stations are
                    intended to serve;
                        (E) the type of equipment to be used, including any
                    technologies, to achieve trip time goals;
                        (F) a description of any proposed legislation needed
                    to facilitate all aspects of the project;
                        (G) a financing plan identifying--
                              (i) projected revenue, and sources thereof;
                              (ii) the amount of any requested public
                          contribution toward the project, and proposed
                          sources;
                              (iii) projected annual ridership projections
                          for the first 10 years of operations;
                              (iv) annual operations and capital costs;
                              (v) the projected levels of capital
                          investments required both initially and in
                          subsequent years to maintain a state-of-good-
                          repair necessary to provide

    [[Page 129 STAT. 1666]]

                          the initially proposed level of service or higher
                          levels of service;
                              (vi) projected levels of private investment
                          and sources thereof, including the identity of any
                          person or entity that has made or is expected to
                          make a commitment to provide or secure funding and
                          the amount of such commitment; and
                              (vii) projected funding for the full fair
                          market compensation for any asset, property right
                          or interest, or service acquired from, owned, or
                          held by a private person or Federal entity that
                          would be acquired, impaired, or diminished in
                          value as a result of a project, except as
                          otherwise agreed to by the private person or
                          entity;
                        (H) a description of how the project would
                    contribute to the development of a national high-speed
                    passenger rail system and an intermodal plan describing
                    how the system will facilitate convenient travel
                    connections with other transportation services;
                        (I) a description of how the project will ensure
                    compliance with Federal laws governing the rights and
                    status of employees associated with the route and
                    service, including those specified in section 24405 of
                    title 49, United States Code;
                        (J) a description of how the design, construction,
                    implementation, and operation of the project will
                    accommodate and allow for future growth of existing and
                    projected intercity, commuter, and freight rail service;
                        (K) a description of how the project would comply
                    with Federal and State environmental laws and
                    regulations, of what environmental impacts would result
                    from the project, and of how any adverse impacts would
                    be mitigated; and
                        (L) a description of the project's impacts on
                    highway and aviation congestion, energy consumption,
                    land use, and economic development in the service area.

        (b) Determination and Establishment of Commissions.--Not later than
    90 days after receipt of the proposals under subsection (a), the
    Secretary shall--
                (1) make a determination as to whether any such proposals--
                        (A) contain the information required under
                    paragraphs (3) and (4) of subsection (a);
                        (B) are sufficiently credible to warrant further
                    consideration;
                        (C) are likely to result in a positive impact on the
                    Nation's transportation system; and
                        (D) are cost-effective and in the public interest;
                (2) establish a commission for each corridor with 1 or more
            proposals that the Secretary determines satisfy the requirements
            of paragraph (1); and
                (3) forward to each commission established under paragraph
            (2) the applicable proposals for review and consideration.

        (c) Commissions.--
                (1) Members.--Each commission established under subsection
            (b)(2) shall include--

    [[Page 129 STAT. 1667]]

                        (A) the Governors of the affected States, or their
                    respective designees;
                        (B) mayors of appropriate municipalities with stops
                    along the proposed corridor, or their respective
                    designees;
                        (C) a representative from each freight railroad
                    carrier using the relevant corridor, if applicable;
                        (D) a representative from each transit authority
                    using the relevant corridor, if applicable;
                        (E) representatives of nonprofit employee labor
                    organizations representing affected railroad employees;
                    and
                        (F) the President of Amtrak or his or her designee.
                (2) Appointment and selection.--The Secretary shall appoint
            the members under paragraph (1). In selecting each commission's
            members to fulfill the requirements under subparagraphs (B) and
            (E) of paragraph (1), the Secretary shall consult with the
            Chairperson and Ranking Member of the Committee on Commerce,
            Science, and Transportation of the Senate and of the Committee
            on Transportation and Infrastructure of the House of
            Representatives.
                (3) Chairperson and vice-chairperson selection.--The
            Chairperson and Vice-Chairperson shall be elected from among
            members of each commission.
                (4) Quorum and vacancy.--
                        (A) Quorum.--A majority of the members of each
                    commission shall constitute a quorum.
                        (B) Vacancy.--Any vacancy in each commission shall
                    not affect its powers and shall be filled in the same
                    manner in which the original appointment was made.

        (d) Commission Consideration.--
                (1) In general.--Each commission established under
            subsection (b)(2) shall be responsible for reviewing the
            proposal or proposals forwarded to it under that subsection and,
            not later than 90 days after the establishment of the
            commission, shall transmit to the Secretary a report,
            including--
                        (A) a summary of each proposal received;
                        (B) services to be provided under each proposal,
                    including projected ridership, revenues, and costs;
                        (C) proposed public and private contributions for
                    each proposal;
                        (D) the advantages offered by the proposal over
                    existing intercity passenger rail services;
                        (E) public operating subsidies or assets needed for
                    the proposed project;
                        (F) possible risks to the public associated with the
                    proposal, including risks associated with project
                    financing, implementation, completion, safety, and
                    security;
                        (G) a ranked list of the proposals recommended for
                    further consideration under subsection (e) in accordance
                    with each proposal's projected positive impact on the
                    Nation's transportation system;
                        (H) an identification of any proposed Federal
                    legislation that would facilitate implementation of the
                    projects and Federal legislation that would be required
                    to implement the projects; and
                        (I) any other recommendations by the commission
                    concerning the proposed projects.

    [[Page 129 STAT. 1668]]

                (2) Verbal presentation.--Proposers shall be given an
            opportunity to make a verbal presentation to the commission to
            explain their proposals.
                (3) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary for the use of each commission
            established under subsection (b)(2) such sums as are necessary
            to carry out this section.

        (e) Selection by Secretary.--
                (1) In general.--Not later than 60 days after receiving the
            recommended proposals of the commissions established under
            subsection (b)(2), the Secretary shall--
                        (A) review such proposals and select any proposal
                    that provides substantial benefits to the public and the
                    national transportation system, is cost-effective,
                    offers significant advantages over existing services,
                    and meets other relevant factors determined appropriate
                    by the Secretary; and
                        (B) submit to the Committee on Commerce, Science,
                    and Transportation of the Senate and the Committee on
                    Transportation and Infrastructure of the House of
                    Representatives a report containing any proposal with
                    respect to subsection (a)(1)(A) that is selected by the
                    Secretary under subparagraph (A) of this paragraph, all
                    the information regarding the proposal provided to the
                    Secretary under subsection (d), and any other
                    information the Secretary considers relevant.
                (2) Subsequent report.--Following the submission of the
            report under paragraph (1)(B), the Secretary shall submit to the
            Committee on Commerce, Science, and Transportation of the Senate
            and the Committee on Transportation and Infrastructure of the
            House of Representatives a report containing any proposal with
            respect to subparagraphs (B) through (K) of subsection (a)(1)
            that are selected by the Secretary under paragraph (1) of this
            subsection, all the information regarding the proposal provided
            to the Secretary under subsection (d), and any other information
            the Secretary considers relevant.
                (3) Limitation on report submission.--The report required
            under paragraph (2) shall not be submitted by the Secretary
            until the report submitted under paragraph (1)(B) has been
            considered through a hearing by the Committee on Commerce,
            Science, and Transportation of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives on the report submitted under paragraph (1)(B).

        (f) No Actions Without Additional Authority.--No Federal agency may
    take any action to implement, establish, facilitate, or otherwise act
    upon any proposal submitted under this section, other than those actions
    specifically authorized by this section, without explicit statutory
    authority enacted after the date of enactment of this Act.
        (g) Adequate Resources.--Before taking any action authorized under
    this section the Secretary shall certify to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives that
    the Secretary has sufficient resources that are adequate to undertake
    the program established under this section.
        (h) Definitions.--In this section:

    [[Page 129 STAT. 1669]]

                (1) Intercity passenger rail.--The term ``intercity
            passenger rail'' has the meaning given the term in section 24102
            of title 49, United States Code.
                (2) State.--The term ``State'' means any of the 50 States or
            the District of Columbia.
    SEC. 11309. LARGE CAPITAL PROJECT REQUIREMENTS.

        Section 24402 of title 49, United States Code, is amended by
    inserting after subsection (i) the following:
        ``(j) Large Capital Project Requirements.--
                ``(1) In general.--For a grant awarded under this chapter
            for an amount in excess of $1,000,000,000, the following
            conditions shall apply:
                        ``(A) The Secretary may not obligate any funding
                    unless the applicant demonstrates, to the satisfaction
                    of the Secretary, that the applicant has committed, and
                    will be able to fulfill, the non-Federal share required
                    for the grant within the applicant's proposed project
                    completion timetable.
                        ``(B) The Secretary may not obligate any funding for
                    work activities that occur after the completion of final
                    design unless--
                              ``(i) the applicant submits a financial plan
                          to the Secretary that generally identifies the
                          sources of the non-Federal funding required for
                          any subsequent segments or phases of the corridor
                          service development program covering the project
                          for which the grant is awarded;
                              ``(ii) the grant will result in a useable
                          segment, a transportation facility, or equipment,
                          that has operational independence; and
                              ``(iii) the intercity passenger rail benefits
                          anticipated to result from the grant, such as
                          increased speed, improved on-time performance,
                          reduced trip time, increased frequencies, new
                          service, safety improvements, improved
                          accessibility, or other significant enhancements,
                          are detailed by the grantee and approved by the
                          Secretary.
                        ``(C)(i) The Secretary shall ensure that the project
                    is maintained to the level of utility that is necessary
                    to support the benefits approved under subparagraph
                    (B)(iii) for a period of 20 years from the date on which
                    the useable segment, transportation facility, or
                    equipment described in subparagraph (B)(ii) is placed in
                    service.
                        ``(ii) If the project property is not maintained as
                    required under clause (i) for a 12-month period, the
                    grant recipient shall refund a pro-rata share of the
                    Federal contribution, based upon the percentage
                    remaining of the 20-year period that commenced when the
                    project property was placed in service.
                ``(2) Early work.--The Secretary may allow a grantee subject
            to this subsection to engage in at-risk work activities
            subsequent to the conclusion of final design if the Secretary
            determines that such work activities are reasonable and
            necessary.''.

    [[Page 129 STAT. 1670]]

    SEC. 11310. SMALL BUSINESS PARTICIPATION STUDY.

        (a) Study.--The Secretary shall conduct a nationwide disparity and
    availability study on the availability and use of small business
    concerns owned and controlled by socially and economically disadvantaged
    individuals and veteran-owned small businesses in publicly funded
    intercity rail passenger transportation projects.
        (b) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit a report containing the results of
    the study conducted under subsection (a) to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives.
        (c) Definitions.--In this section:
                (1) Small business concern.--The term ``small business
            concern'' has the meaning given such term in section 3 of the
            Small Business Act (15 U.S.C. 632), except that the term does
            not include any concern or group of concerns controlled by the
            same socially and economically disadvantaged individual or
            individuals that have average annual gross receipts during the
            preceding 3 fiscal years in excess of $22,410,000, as adjusted
            annually by the Secretary for inflation.
                (2) Socially and economically disadvantaged individual.--The
            term ``socially and economically disadvantaged individual'' has
            the meaning given such term in section 8(d) of the Small
            Business Act (15 U.S.C. 637(d)) and relevant subcontracting
            regulations issued pursuant to such Act, except that women shall
            be presumed to be socially and economically disadvantaged
            individuals for purposes of this section.
                (3) Veteran-owned small business.--The term ``veteran-owned
            small business'' has the meaning given the term ``small business
            concern owned and controlled by veterans'' in section 3(q)(3) of
            the Small Business Act (15 U.S.C. 632(q)(3)), except that the
            term does not include any concern or group of concerns
            controlled by the same veterans that have average annual gross
            receipts during the preceding 3 fiscal years in excess of
            $22,410,000, as adjusted annually by the Secretary for
            inflation.
    SEC. 11311. <<NOTE: 49 USC 20101 note.>>  SHARED-USE STUDY.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary, in consultation with Amtrak, commuter rail
    passenger transportation authorities, other railroad carriers, railroad
    carriers that own rail infrastructure over which both passenger and
    freight trains operate, States, the Surface Transportation Board, the
    Northeast Corridor Commission established under section 24905 of title
    49, United States Code, the State-Supported Route Committee established
    under section 24712 of such title, and groups representing rail
    passengers and customers, as appropriate, shall complete a study that
    evaluates--
                (1) the shared use of right-of-way by passenger and freight
            rail systems; and
                (2) the operational, institutional, and legal structures
            that would best support improvements to the systems referred to
            in paragraph (1).

        (b) Areas of Study.--In conducting the study under subsection (a),
    the Secretary shall evaluate--

    [[Page 129 STAT. 1671]]

                (1) the access and use of railroad right-of-way by a rail
            carrier that does not own the right-of-way, such as passenger
            rail services that operate over privately-owned right-of-way,
            including an analysis of--
                        (A) access agreements;
                        (B) costs of access; and
                        (C) the resolution of disputes relating to such
                    access or costs;
                (2) the effectiveness of existing contractual, statutory,
            and regulatory mechanisms for establishing, measuring, and
            enforcing train performance standards, including--
                        (A) the manner in which passenger train delays are
                    recorded;
                        (B) the assignment of responsibility for such
                    delays; and
                        (C) the use of incentives and penalties for
                    performance;
                (3) the strengths and weaknesses of the existing mechanisms
            described in paragraph (2) and possible approaches to address
            the weaknesses;
                (4) mechanisms for measuring and maintaining public benefits
            resulting from publicly funded freight or passenger rail
            improvements, including improvements directed towards shared-use
            right-of-way by passenger and freight rail;
                (5) approaches to operations, capacity, and cost estimation
            modeling that--
                        (A) allow for transparent decisionmaking; and
                        (B) protect the proprietary interests of all
                    parties;
                (6) liability requirements and arrangements, including--
                        (A) whether to expand statutory liability limits to
                    additional parties;
                        (B) whether to revise the current statutory
                    liability limits;
                        (C) whether current insurance levels of passenger
                    rail operators are adequate and whether to establish
                    minimum insurance requirements for such passenger rail
                    operators; and
                        (D) whether to establish alternative insurance
                    models, including other models administered by the
                    Federal Government;
                (7) the effect on rail passenger services, operations,
            liability limits, and insurance levels of the assertion of
            sovereign immunity by a State; and
                (8) other issues identified by the Secretary.

        (c) Report.--Not later than 60 days after the study under subsection
    (a) is complete, the Secretary shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that includes--
                (1) the results of the study; and
                (2) any recommendations for further action, including any
            legislative proposals consistent with such recommendations.

        (d) Implementation.--The Secretary shall integrate, as appropriate,
    the recommendations submitted under subsection (c) into the financial
    assistance programs under subtitle V of title 49, United States Code,
    and section 502 of the Railroad Revitalization and Regulatory Reform Act
    of 1976 (45 U.S.C. 822).

    [[Page 129 STAT. 1672]]

    SEC. 11312. NORTHEAST CORRIDOR THROUGH-TICKETING AND PROCUREMENT
                                EFFICIENCIES.

        (a) Through-Ticketing Study.--
                (1) In general.--Not later than 3 years after the date of
            enactment of this Act, the Northeast Corridor Commission
            established under section 24905(a) of title 49, United States
            Code (referred to in this section as the ``Commission''), in
            consultation with Amtrak and the commuter rail passenger
            transportation providers along the Northeast Corridor, shall
            complete a study on the feasibility of and options for
            permitting through-ticketing between Amtrak service and commuter
            rail services on the Northeast Corridor.
                (2) Contents.--In completing the study under paragraph (1),
            the Northeast Corridor Commission shall--
                        (A) examine the current state of intercity and
                    commuter rail ticketing technologies, policies, and
                    other relevant aspects on the Northeast Corridor;
                        (B) consider and recommend technology, process,
                    policy, or other options that would permit through-
                    ticketing to allow intercity and commuter rail
                    passengers to purchase, in a single transaction, travel
                    that utilizes Amtrak and connecting commuter rail
                    services;
                        (C) consider options to expand through-ticketing to
                    include local transit services;
                        (D) summarize costs, benefits, opportunities, and
                    impediments to developing such through-ticketing
                    options; and
                        (E) develop a proposed methodology, including cost
                    and schedule estimates, for carrying out a pilot program
                    on through-ticketing on the Northeast Corridor.
                (3) Report.--Not later than 60 days after the date the study
            under paragraph (1) is complete, the Commission shall submit to
            the Secretary, the Committee on Commerce, Science, and
            Transportation of the Senate, and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a report that includes--
                        (A) the results of the study; and
                        (B) any recommendations for further action.
                (4) Review.--Not later than 180 days after receipt of the
            report under paragraph (3), the Secretary shall review the
            report and recommend best practices in developing through
            ticketing for other areas outside of the Northeast Corridor. The
            Secretary shall transmit the best practices to the State-
            Supported Route Committee established under section 24712 of
            title 49, United States Code.

        (b) Joint Procurement Study.--
                (1) In general.--Not later than 3 years after the date of
            enactment of this Act, the Secretary, in cooperation with the
            Commission, Amtrak, and commuter rail transportation authorities
            on the Northeast Corridor, shall complete a study of the
            potential benefits resulting from Amtrak and such authorities
            undertaking select joint procurements for common materials,
            assets, and equipment when expending Federal funds for such
            joint procurements.
                (2) Contents.--In completing the study under paragraph (1),
            the Secretary shall consider--

    [[Page 129 STAT. 1673]]

                        (A) the types of materials, assets, and equipment
                    that are regularly purchased by Amtrak and such
                    authorities that are similar and could be jointly
                    procured;
                        (B) the potential benefits of such joint
                    procurements, including lower procurement costs, better
                    pricing, greater market relevancy, and other
                    efficiencies;
                        (C) the potential costs of such joint procurements;
                        (D) any significant impediments to undertaking joint
                    procurements, including any necessary harmonization and
                    reconciliation of Federal and State procurement or
                    safety regulations or standards and other requirements;
                    and
                        (E) whether to create Federal incentives or
                    requirements relating to considering or carrying out
                    joint procurements when expending Federal funds.
                (3) Transmission.--Not later than 60 days after completing
            the study required under this subsection, the Secretary shall
            submit to the Committee on Commerce, Science, and Transportation
            of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives a report that
            includes--
                        (A) the results of the study; and
                        (B) any recommendations for further action.

        (c) Northeast Corridor.--In this section, the term ``Northeast
    Corridor'' means the Northeast Corridor main line between Boston,
    Massachusetts, and the District of Columbia, and the Northeast Corridor
    branch lines connecting to Harrisburg, Pennsylvania, Springfield,
    Massachusetts, and Spuyten Duyvil, New York, including the facilities
    and services used to operate and maintain those lines.
    SEC. 11313. <<NOTE: 49 USC 24407 note.>>  DATA AND ANALYSIS.

        (a) Data.--Not later than 3 years after the date of enactment of
    this Act, the Secretary, in consultation with the Surface Transportation
    Board, Amtrak, freight railroads, State and local governments, and
    regional business, tourism, and economic development agencies shall
    conduct a data needs assessment to--
                (1) support the development of an efficient and effective
            intercity passenger rail network;
                (2) identify the data needed to conduct cost-effective
            modeling and analysis for intercity passenger rail development
            programs;
                (3) determine limitations to the data used for inputs;
                (4) develop a strategy to address such limitations;
                (5) identify barriers to accessing existing data;
                (6) develop recommendations regarding whether the
            authorization of additional data collection for intercity
            passenger rail travel is warranted; and
                (7) determine which entities should be responsible for
            generating or collecting needed data.

        (b) Benefit-Cost Analysis.--Not later than 180 days after the date
    of enactment of this Act, the Secretary shall enhance the usefulness of
    assessments of benefits and costs for intercity passenger rail and
    freight rail projects by--
                (1) providing ongoing guidance and training on developing
            benefit and cost information for rail projects;

    [[Page 129 STAT. 1674]]

                (2) providing more direct and consistent requirements for
            assessing benefits and costs across transportation funding
            programs, including the appropriate use of discount rates;
                (3) requiring applicants to clearly communicate the
            methodology used to calculate the project benefits and costs,
            including non-proprietary information on--
                        (A) assumptions underlying calculations;
                        (B) strengths and limitations of data used; and
                        (C) the level of uncertainty in estimates of project
                    benefits and costs; and
                (4) ensuring that applicants receive clear and consistent
            guidance on values to apply for key assumptions used to estimate
            potential project benefits and costs.

        (c) Confidential Data.--The Secretary shall protect all sensitive
    and confidential information to the greatest extent permitted by law.
    Nothing in this section shall require any entity to provide information
    to the Secretary in the absence of a voluntary agreement.
    SEC. 11314. <<NOTE: 5 USC app. 8G.>>  AMTRAK INSPECTOR GENERAL.

        (a) Authority.--
                (1) In general.--The Inspector General of Amtrak shall have
            the authority available to other Inspectors General, as
            necessary in carrying out the duties specified in the Inspector
            General Act of 1978 (5 U.S.C. App.), to investigate any alleged
            violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 of
            title 18, United States Code.
                (2) Agency.--For purposes of sections 286, 287, 371, 641,
            1001, 1002, and 1516 of title 18, United States Code, Amtrak and
            the Amtrak Office of Inspector General, shall be considered a
            corporation in which the United States has a proprietary
            interest as set forth in section 6 of such title.

        (b) Assessment.--The Inspector General of Amtrak shall--
                (1) not later than 60 days after the date of enactment of
            this Act, initiate an assessment to determine whether current
            expenditures or procurements involving Amtrak's fulfillment of
            the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
            seq.) utilize competitive, market-driven provisions that are
            applicable throughout the entire term of such related
            expenditures or procurements; and
                (2) not later than 6 months after the date of enactment of
            this Act, transmit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives the
            assessment under paragraph (1).

        (c) Limitation.--The authority provided by subsection (a) shall be
    effective only with respect to a fiscal year for which Amtrak receives a
    Federal subsidy.
    SEC. 11315. MISCELLANEOUS PROVISIONS.

        (a) Title 49 Amendments.--
                (1) Authority.--Section 22702(b)(4) of title 49, United
            States Code, is amended by striking ``5 years for reapproval by
            the Secretary'' and inserting ``4 years for acceptance by the
            Secretary''.
                (2) Contents of state rail plans.--Section 22705(a) of title
            49, United States Code, is amended by striking paragraph (12).

    [[Page 129 STAT. 1675]]

        (b) Passenger Rail Investment and Improvement Act Amendments.--
    Section 305 of the Passenger Rail Investment and Improvement Act of 2008
    (49 U.S.C. 24101 note) is amended--
                (1) in subsection (a) by inserting after ``equipment
            manufacturers,'' the following: ``nonprofit organizations
            representing employees who perform overhaul and maintenance of
            passenger railroad equipment,'';
                (2) in subsection (c) by striking ``, and may establish a
            corporation, which may be owned or jointly-owned by Amtrak,
            participating States, or other entities, to perform these
            functions''; and
                (3) in subsection (e) by striking ``and establishing a
            jointly-owned corporation to manage that equipment''.

        (c) <<NOTE: 23 USC 322 note.>>  Certain Projects.--A project
    described in 1307(a)(3) of SAFETEA-LU (Public Law 109-59) may be
    eligible for the Railroad Rehabilitation and Improvement Financing
    program if the Secretary determines such project meets the requirements
    of sections 502 and 503 of the Railroad Revitalization and Regulatory
    Reform Act of 1976.

        (d) Clarification.--
                (1) Amendment.--Section 20157(g) of title 49, United States
            Code, is amended by adding at the end the following new
            paragraph:
                ``(4) Clarification.--
                        ``(A) Prohibitions.--The Secretary is prohibited
                    from--
                              ``(i) approving or disapproving a revised plan
                          submitted under subsection (a)(1);
                              ``(ii) considering a revised plan under
                          subsection (a)(1) as a request for amendment under
                          section 236.1021 of title 49, Code of Federal
                          Regulations; or
                              ``(iii) requiring the submission, as part of
                          the revised plan under subsection (a)(1), of--
                                        ``(I) only a schedule and sequence
                                    under subsection (a)(2)(A)(iii)(VII); or
                                        ``(II) both a schedule and sequence
                                    under subsection (a)(2)(A)(iii)(VII) and
                                    an alternative schedule and sequence
                                    under subsection (a)(2)(B).
                        ``(B) Civil penalty authority.--Except as provided
                    in paragraph (2) and this paragraph, nothing in this
                    subsection shall be construed to limit the Secretary's
                    authority to assess civil penalties pursuant to
                    subsection (e), consistent with the requirements of this
                    section.
                        ``(C) Retained review authority.--The Secretary
                    retains the authority to review revised plans submitted
                    under subsection (a)(1) and is authorized to require
                    modifications of those plans to the extent necessary to
                    ensure that such plans include the descriptions under
                    subsection (a)(2)(A)(i), the contents under subsection
                    (a)(2)(A)(ii), and the year or years, totals, and
                    summary under subsection (a)(2)(A)(iii)(I) through
                    (VI).''.
                (2) Conforming amendment.--Section 20157(g)(3) of title 49,
            United States Code, is amended by striking ``by paragraph (2)
            and subsection (k)'' and inserting ``to conform with this
            section''.

    [[Page 129 STAT. 1676]]

    SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS.

        (a) Assistance to Families of Passengers Involved in Rail Passenger
    Accidents.--Section 1139 of title 49, United States Code, is amended--
                (1) in subsection (a)(1), by striking ``phone number'' and
            inserting ``telephone number'';
                (2) in subsection (a)(2), by striking ``post trauma
            communication with families'' and inserting ``post-trauma
            communication with families''; and
                (3) in subsection (j), by striking ``railroad passenger
            accident'' each place it appears and inserting ``rail passenger
            accident''.

        (b) Solid Waste Rail Transfer Facility Land-Use Exemption.--Section
    10909 of title 49, United States Code, is amended--
                (1) in subsection (b), in the matter preceding paragraph
            (1), by striking ``Clean Railroad Act of 2008'' and inserting
            ``Clean Railroads Act of 2008''; and
                (2) in subsection (e), by striking ``Upon the granting of
            petition from the State'' and inserting ``Upon the granting of a
            petition from the State''.

        (c) Rulemaking Process.--Section 20116 of title 49, United States
    Code, is amended--
                (1) by inserting ``(2)'' before ``the code, rule, standard,
            requirement, or practice has been subject to notice and comment
            under a rule or order issued under this part.'' and indenting
            accordingly;
                (2) by inserting ``(1)'' after ``unless'' and indenting
            accordingly;
                (3) in paragraph (1), as redesignated, by striking ``order,
            or'' and inserting ``order; or''; and
                (4) in the matter preceding paragraph (1), as redesignated,
            by striking ``unless'' and inserting ``unless--''.

        (d) Enforcement Report.--Section 20120(a) of title 49, United States
    Code, is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``website'' and inserting ``Web site'';
                (2) in paragraph (1), by striking ``accident and incidence
            reporting'' and inserting ``accident and incident reporting'';
                (3) in paragraph (2)(G), by inserting ``and'' at the end;
            and
                (4) in paragraph (5)(B), by striking ``Administrative
            Hearing Officer or Administrative Law Judge'' and inserting
            ``administrative hearing officer or administrative law judge''.

        (e) Railroad Safety Risk Reduction Program.--Section 20156 of title
    49, United States Code, is amended--
                (1) in subsection (c), by inserting a comma after ``In
            developing its railroad safety risk reduction program''; and
                (2) in subsection (g)(1)--
                        (A) by inserting a comma after ``good faith''; and
                        (B) by striking ``non-profit'' and inserting
                    ``nonprofit''.

        (f) Roadway User Sight Distance at Highway-Rail Grade Crossings.--
    Section 20159 of title 49, United States Code, is amended by striking
    ``the Secretary'' and inserting ``the Secretary of Transportation''.
        (g) National Crossing Inventory.--Section 20160 of title 49, United
    States Code, is amended--

    [[Page 129 STAT. 1677]]

                (1) in subsection (a)(1), by striking ``concerning each
            previously unreported crossing through which it operates or with
            respect to the trackage over which it operates'' and inserting
            ``concerning each previously unreported crossing through which
            it operates with respect to the trackage over which it
            operates''; and
                (2) in subsection (b)(1)(A), by striking ``concerning each
            crossing through which it operates or with respect to the
            trackage over which it operates'' and inserting ``concerning
            each crossing through which it operates with respect to the
            trackage over which it operates''.

        (h) Minimum Training Standards and Plans.--Section 20162(a)(3) of
    title 49, United States Code, is amended by striking ``railroad
    compliance with Federal standards'' and inserting ``railroad carrier
    compliance with Federal standards''.
        (i) Development and Use of Rail Safety Technology.--Section 20164(a)
    of title 49, United States Code, is amended by striking ``after
    enactment of the Railroad Safety Enhancement Act of 2008'' and inserting
    ``after the date of enactment of the Rail Safety Improvement Act of
    2008''.
        (j) Rail Safety Improvement Act of 2008.--
                (1) Table of contents.--Section 1(b) of division A of the
            Rail Safety Improvement Act of 2008 (Public Law 110-432; 122
            Stat. 4848) is amended--
                        (A) in the item relating to section 307 by striking
                    ``website'' and inserting ``Web site'';
                        (B) in the item relating to title VI by striking
                    ``solid waste facilities'' and inserting ``solid waste
                    rail transfer facilities''; and
                        (C) in the item relating to section 602 by striking
                    ``solid waste transfer facilities'' and inserting
                    ``solid waste rail transfer facilities''.
                (2) Definitions.--Section 2(a)(1) of division A of the Rail
            Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat.
            4849) <<NOTE: 49 USC 20102 note.>>  is amended in the matter
            preceding subparagraph (A), by inserting a comma after ``at
            grade''.
                (3) Railroad safety strategy.--Section 102(a)(6) of title I
            of division A of the Rail Safety Improvement Act of 2008 (49
            U.S.C. 20101 note) is amended by striking ``Improving the safety
            of railroad bridges, tunnels, and related infrastructure to
            prevent accidents, incidents, injuries, and fatalities caused by
            catastrophic failures and other bridge and tunnel failures.''
            and inserting ``Improving the safety of railroad bridges,
            tunnels, and related infrastructure to prevent accidents,
            incidents, injuries, and fatalities caused by catastrophic and
            other failures of such infrastructure.''.
                (4) Operation lifesaver.--Section 206(a) of title II of
            division A of the Rail Safety Improvement Act of 2008 (49 U.S.C.
            22501 note) is amended by striking ``Public Service
            Announcements'' and inserting ``public service announcements''.
                (5) Update of federal railroad administration's web site.--
            Section 307 of title III of division A of the Rail Safety
            Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
                        (A) in the heading by striking ``federal railroad
                    administration's website'' and inserting ``federal
                    railroad administration web site'';

    [[Page 129 STAT. 1678]]

                        (B) by striking ``website'' each place it appears
                    and inserting ``Web site''; and
                        (C) by striking ``website's'' and inserting ``Web
                    site's''.
                (6) Alcohol and controlled substance testing for
            maintenance-of-way employees.--Section 412 of title IV of
            division A of the Rail Safety Improvement Act of 2008 (49 U.S.C.
            20140 note) is amended by striking ``Secretary of
            Transportation'' and inserting ``Secretary''.
                (7) Tunnel information.--Section 414 of title IV of division
            A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103
            note) is amended--
                        (A) by striking ``parts 171.8, 173.115'' and
                    inserting ``sections 171.8, 173.115''; and
                        (B) by striking ``part 1520.5'' and inserting
                    ``section 1520.5''.
                (8) Safety inspections in mexico.--Section 416 of title IV
            of division A of the Rail Safety Improvement Act of 2008 (49
            U.S.C. 20107 note) is amended--
                        (A) in the matter preceding paragraph (1), by
                    striking ``Secretary of Transportation'' and inserting
                    ``Secretary''; and
                        (B) in paragraph (4), by striking ``subsection'' and
                    inserting ``section''.
                (9) Heading of title vi.--The heading of title VI of
            division A of the Rail Safety Improvement Act of 2008 (122 Stat.
            4900) is amended by striking ``SOLID WASTE FACILITIES'' and
            inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
                (10) Heading of section 602.--The heading of section 602 of
            title VI of division A of the Rail Safety Improvement Act of
            2008 (122 Stat. 4900) is amended by striking ``solid waste
            transfer facilities'' and inserting ``solid waste rail transfer
            facilities''.

        (k) Contingent Interest Recoveries.--Section 22106(b) of title 49,
    United States Code, is amended by striking ``interest thereof'' and
    inserting ``interest thereon''.
        (l) Mission.--Section 24101(b) of title 49, United States Code, is
    amended by striking ``of subsection (d)'' and inserting ``set forth in
    subsection (c)''.
        (m) Table of Contents Amendment.--The table of contents for chapter
    243 of title 49, United States Code, <<NOTE: 49 USC prec. 24301.>>  is
    amended by striking the item relating to section 24316 and inserting the
    following:

    ``24316. Plans to address the needs of families of passengers involved
               in rail passenger accidents.''.

        (n) Amtrak.--Chapter 247 of title 49, United States Code, is
    amended--
                (1) in section 24706--
                        (A) in subsection (a)--
                              (i) in paragraph (1) by striking ``a
                          discontinuance under section 24704 or or''; and
                              (ii) in paragraph (2) by striking ``section
                          24704 or''; and
                        (B) in subsection (b) by striking ``section 24704
                    or''; and

    [[Page 129 STAT. 1679]]

                (2) in section 24709 by striking ``The Secretary of the
            Treasury and the Attorney General,'' and inserting ``The
            Secretary of Homeland Security,''.

        (o) Rail Cooperative Research Program.--Section 24910(b) of title
    49, United States Code, is amended--
                (1) in paragraph (12) by striking ``and'' at the end;
                (2) in paragraph (13) by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(14) to improve overall safety of intercity passenger and
            freight rail operations.''.

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

                               Subtitle D--Safety

    SEC. 11401. <<NOTE: 49 USC 22501 note.>>  HIGHWAY-RAIL GRADE
                                CROSSING SAFETY.

        (a) Model State Highway-Rail Grade Crossing Action Plan.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Administrator of the Federal Railroad
            Administration shall develop a model of a State-specific
            highway-rail grade crossing action plan and distribute the plan
            to each State.
                (2) Contents.--The plan developed under paragraph (1) shall
            include--
                        (A) methodologies, tools, and data sources for
                    identifying and evaluating highway-rail grade crossing
                    safety risks, including the public safety risks posed by
                    blocked highway-rail grade crossings due to idling
                    trains;
                        (B) best practices to reduce the risk of highway-
                    rail grade crossing accidents or incidents and to
                    alleviate the blockage of highway-rail grade crossings
                    due to idling trains, including strategies for--
                              (i) education, including model stakeholder
                          engagement plans or tools;
                              (ii) engineering, including the benefits and
                          costs of different designs and technologies used
                          to mitigate highway-rail grade crossing safety
                          risks; and
                              (iii) enforcement, including the strengths and
                          weaknesses associated with different enforcement
                          methods;
                        (C) for each State, a customized list and data set
                    of the highway-rail grade crossing accidents or
                    incidents in that State over the past 3 years, including
                    the location, number of deaths, and number of injuries
                    for each accident or incident, and a list of highway-
                    rail grade crossings in that State that have experienced
                    multiple accidents or incidents over the past 3 years;
                    and
                        (D) contact information of a Department of
                    Transportation safety official available to assist the
                    State in adapting the model plan to satisfy the
                    requirements under subsection (b).

        (b) State Highway-Rail Grade Crossing Action Plans.--
                (1) Requirements.--Not later than 18 months after the
            Administrator develops and distributes the model plan under

    [[Page 129 STAT. 1680]]

            subsection (a), the Administrator shall promulgate a rule that
            requires--
                        (A) each State, except the 10 States identified
                    under section 202 of the Rail Safety Improvement Act of
                    2008 (49 U.S.C. 22501 note), to develop and implement a
                    State highway-rail grade crossing action plan; and
                        (B) each State identified under section 202 of the
                    Rail Safety Improvement Act of 2008 (49 U.S.C. 22501
                    note) to--
                              (i) update the State action plan under such
                          section; and
                              (ii) submit to the Administrator--
                                        (I) the updated State action plan;
                                    and
                                        (II) a report describing what the
                                    State did to implement its previous
                                    State action plan under such section and
                                    how the State will continue to reduce
                                    highway-rail grade crossing safety
                                    risks.
                (2) Contents.--Each State plan required under this
            subsection shall--
                        (A) identify highway-rail grade crossings that have
                    experienced recent highway-rail grade crossing accidents
                    or incidents or multiple highway-rail grade crossing
                    accidents or incidents, or are at high-risk for
                    accidents or incidents;
                        (B) identify specific strategies for improving
                    safety at highway-rail grade crossings, including
                    highway-rail grade crossing closures or grade
                    separations; and
                        (C) designate a State official responsible for
                    managing implementation of the State action plan under
                    subparagraph (A) or (B) of paragraph (1), as applicable.
                (3) Assistance.--The Administrator shall provide assistance
            to each State in developing and carrying out, as appropriate,
            the State action plan under this subsection.
                (4) Public availability.--Each State shall submit a final
            State plan under this subsection to the Administrator for
            publication. The Administrator shall make each approved State
            plan publicly available on an official Internet Web site.
                (5) Conditions.--The Secretary may condition the awarding of
            a grant to a State under chapter 244 of title 49, United States
            Code, on that State submitting an acceptable State action plan
            under this subsection.
                (6) Review of action plans.--Not later than 60 days after
            the date of receipt of a State action plan under this
            subsection, the Administrator shall--
                        (A) if the State action plan is approved, notify the
                    State and publish the State action plan under paragraph
                    (4); and
                        (B) if the State action plan is incomplete or
                    deficient, notify the State of the specific areas in
                    which the plan is deficient and allow the State to
                    complete the plan or correct the deficiencies and
                    resubmit the plan under paragraph (1).
                (7) Deadline.--Not later than 60 days after the date of a
            notice under paragraph (6)(B), a State shall complete the plan
            or correct the deficiencies and resubmit the plan.

    [[Page 129 STAT. 1681]]

                (8) Failure to complete or correct plan.--If a State fails
            to meet the deadline under paragraph (7), the Administrator
            shall post on the Web site under paragraph (4) a notice that the
            State has an incomplete or deficient highway-rail grade crossing
            action plan.

        (c) Report.--Not later than the date that is 3 years after the
    Administrator publishes the final rule under subsection (b)(1), the
    Administrator shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on--
                (1) the specific strategies identified by States to improve
            safety at highway-rail grade crossings, including crossings with
            multiple accidents or incidents; and
                (2) the progress each State described under subsection
            (b)(1)(B) has made in implementing its action plan.

        (d) Railway-Highway Crossings Funds.--The Secretary may use funds
    made available to carry out section 130 of title 23, United States Code,
    to provide States with funds to develop a State highway-rail grade
    crossing action plan under subsection (b)(1)(A) or to update a State
    action plan under subsection (b)(1)(B).
        (e) Definitions.--In this section:
                (1) Highway-rail grade crossing.--The term ``highway-rail
            grade crossing'' means a location within a State, other than a
            location where 1 or more railroad tracks cross 1 or more
            railroad tracks at grade, where--
                        (A) a public highway, road, or street, or a private
                    roadway, including associated sidewalks and pathways,
                    crosses 1 or more railroad tracks either at grade or
                    grade-separated; or
                        (B) a pathway explicitly authorized by a public
                    authority or a railroad carrier that is dedicated for
                    the use of non-vehicular traffic, including pedestrians,
                    bicyclists, and others, that is not associated with a
                    public highway, road, or street, or a private roadway,
                    crosses 1 or more railroad tracks either at grade or
                    grade-separated.
                (2) State.--The term ``State'' means a State of the United
            States or the District of Columbia.
    SEC. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.

        (a) In General.--The Secretary, in consultation with railroad
    carriers, shall conduct a study to--
                (1) determine whether limitations or weaknesses exist
            regarding the availability and usefulness for safety purposes of
            data on private highway-rail grade crossings; and
                (2) evaluate existing engineering practices on private
            highway-rail grade crossings.

        (b) Contents.--In conducting the study under subsection (a), the
    Secretary shall make recommendations as necessary to improve--
                (1) the utility of the data on private highway-rail grade
            crossings; and
                (2) the implementation of private highway-rail crossing
            safety measures, including signage and warning systems.

        (c) Report.--Not later than 3 years after the date of enactment of
    this Act, the Secretary shall transmit to the Committee on

    [[Page 129 STAT. 1682]]

    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report of the findings of the study and any recommendations for further
    action.
    SEC. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-RAIL GRADE
                                CROSSINGS.

        (a) Study.--The Comptroller General of the United States shall
    submit a report to Congress containing the results of a study evaluating
    the final rule issued on August 17, 2006, entitled ``Use of Locomotive
    Horns at Highway-Rail Grade Crossings'' (71 Fed. Reg. 47614),
    including--
                (1) the effectiveness of such final rule;
                (2) the benefits and costs of establishing quiet zones; and
                (3) any barriers to establishing quiet zones.

        (b) Savings Clause.--Nothing in this section shall be construed to
    limit or preclude any planned retrospective review by the Secretary of
    the final rule described in subsection (a).
    SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS
                                EFFECTIVENESS STUDY.

        After the Secretary certifies that each Class I railroad carrier and
    each entity providing regularly scheduled intercity or commuter rail
    passenger transportation is in compliance with the positive train
    control requirements under section 20157(a) of title 49, United States
    Code, the Secretary shall--
                (1) conduct a study of the possible effectiveness of
            positive train control and related technologies on reducing
            collisions at highway-rail grade crossings; and
                (2) submit a report containing the results of the study
            conducted under paragraph (1) to the Committee on Commerce,
            Science, and Transportation of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives.
    SEC. 11405. BRIDGE INSPECTION REPORTS.

        Section 417(d) of the Rail Safety Improvement Act of 2008 (49 U.S.C.
    20103 note) is amended--
                (1) by striking ``The Secretary'' and inserting the
            following:
                ``(1) In general.--The Secretary''; and
                (2) by adding at the end the following:
                ``(2) Availability of bridge condition.--
                        ``(A) In general.--A State or political subdivision
                    of a State may file a request with the Secretary for a
                    public version of a bridge inspection report generated
                    under subsection (b)(5) for a bridge located in such
                    State or political subdivision's jurisdiction.
                        ``(B) Public version of report.--If the Secretary
                    determines that the request is reasonable, the Secretary
                    shall require a railroad to submit a public version of
                    the most recent bridge inspection report, such as a
                    summary form, for a bridge subject to a request under
                    subparagraph (A). The public version of a bridge
                    inspection report shall include the date of last
                    inspection, length of bridge, location of bridge, type
                    of bridge, type of structure, feature crossed by bridge,
                    and railroad contact information, along with a general
                    statement on the condition of the bridge.

    [[Page 129 STAT. 1683]]

                        ``(C) Provision of report.--The Secretary shall
                    provide to a State or political subdivision of a State a
                    public version of a bridge inspection report submitted
                    under subparagraph (B).
                        ``(D) Technical assistance.--The Secretary, upon the
                    reasonable request of State or political subdivision of
                    a State, shall provide technical assistance to such
                    State or political subdivision of a State to facilitate
                    the understanding of a bridge inspection report.''.
    SEC. 11406. SPEED LIMIT ACTION PLANS.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, each railroad carrier providing intercity rail passenger
    transportation or commuter rail passenger transportation, in
    consultation with any applicable host railroad carrier, shall survey its
    entire system and identify each main track location where there is a
    reduction of more than 20 miles per hour from the approach speed to a
    curve, bridge, or tunnel and the maximum authorized operating speed for
    passenger trains at that curve, bridge, or tunnel.
        (b) Action Plans.--Not later than 120 days after the date that the
    survey under subsection (a) is complete, a railroad carrier described in
    subsection (a) shall submit to the Secretary an action plan that--
                (1) identifies each main track location where there is a
            reduction of more than 20 miles per hour from the approach speed
            to a curve, bridge, or tunnel and the maximum authorized
            operating speed for passenger trains at that curve, bridge, or
            tunnel;
                (2) describes appropriate actions to enable warning and
            enforcement of the maximum authorized speed for passenger trains
            at each location identified under paragraph (1), including--
                        (A) modification to automatic train control systems,
                    if applicable, or other signal systems;
                        (B) increased crew size;
                        (C) installation of signage alerting train crews of
                    the maximum authorized speed for passenger trains in
                    each location identified under paragraph (1);
                        (D) installation of alerters;
                        (E) increased crew communication; and
                        (F) other practices;
                (3) contains milestones and target dates for implementing
            each appropriate action described under paragraph (2); and
                (4) ensures compliance with the maximum authorized speed at
            each location identified under paragraph (1).

        (c) Approval.--Not later than 90 days after the date on which an
    action plan is submitted under subsection (b), the Secretary shall
    approve, approve with conditions, or disapprove the action plan.
        (d) Alternative Safety Measures.--The Secretary may exempt from the
    requirements of this section each segment of track for which operations
    are governed by a positive train control system certified under section
    20157 of title 49, United States Code, or any other safety technology or
    practice that would achieve an equivalent or greater level of safety in
    reducing derailment risk.

    [[Page 129 STAT. 1684]]

        (e) Report.--Not later than 6 months after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that describes--
                (1) the actions railroad carriers have taken in response to
            Safety Advisory 2013-08, entitled ``Operational Tests and
            Inspections for Compliance With Maximum Authorized Train Speeds
            and Other Speed Restrictions'';
                (2) the actions railroad carriers have taken in response to
            Safety Advisory 2015-03, entitled ``Operational and Signal
            Modifications for Compliance with Maximum Authorized Passenger
            Train Speeds and Other Speed Restrictions''; and
                (3) the actions the Federal Railroad Administration has
            taken to evaluate or incorporate the information and findings
            arising from the safety advisories referred to in paragraphs (1)
            and (2) into the development of regulatory action and oversight
            activities.

        (f) Savings Clause.--Nothing in this section shall prohibit the
    Secretary from applying the requirements of this section to other
    segments of track at high risk of overspeed derailment.
    SEC. 11407. <<NOTE: 49 USC 20103 note.>>  ALERTERS.

        (a) In General.--The Secretary shall promulgate a rule to require a
    working alerter in the controlling locomotive of each passenger train in
    intercity rail passenger transportation (as defined in section 24102 of
    title 49, United States Code) or commuter rail passenger transportation
    (as defined in section 24102 of title 49, United States Code).
        (b) Rulemaking.--
                (1) In general.--The Secretary may promulgate a rule to
            specify the essential functionalities of a working alerter,
            including the manner in which the alerter can be reset.
                (2) Alternate practice or technology.--The Secretary may
            require or allow a technology or practice in lieu of a working
            alerter if the Secretary determines that the technology or
            practice would achieve an equivalent or greater level of safety
            in enhancing or ensuring appropriate locomotive control.
    SEC. 11408. <<NOTE: 49 USC 20501 note.>>  SIGNAL PROTECTION.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall initiate a rulemaking to
    require that on-track safety regulations, whenever practicable and
    consistent with other safety requirements and operational
    considerations, include requiring implementation of redundant signal
    protection for maintenance-of-way work crews who depend on a train
    dispatcher to provide signal protection.
        (b) Alternative Safety Measures.--The Secretary shall consider
    exempting from any final requirements of this section each segment of
    track for which operations are governed by a positive train control
    system certified under section 20157 of title 49, United States Code, or
    any other safety technology or practice that would achieve an equivalent
    or greater level of safety in providing additional signal protection.
    SEC. 11409. <<NOTE: 49 USC 20142 note.>>  COMMUTER RAIL TRACK
                                INSPECTIONS.

        (a) In General.--The Secretary shall evaluate track inspection
    regulations to determine if a railroad carrier providing commuter

    [[Page 129 STAT. 1685]]

    rail passenger transportation on high density commuter railroad lines
    should be required to inspect the lines in the same manner as is
    required for other commuter railroad lines.
        (b) Rulemaking.--Considering safety, including railroad carrier
    employee and contractor safety, system capacity, and other relevant
    factors, the Secretary may promulgate a rule for high density commuter
    railroad lines. If, after the evaluation under subsection (a), the
    Secretary determines that it is necessary to promulgate a rule, the
    Secretary shall specifically consider the following regulatory
    requirements for high density commuter railroad lines:
                (1) At least once every 2 weeks--
                        (A) traverse each main line by vehicle; or
                        (B) inspect each main line on foot.
                (2) At least once each month, traverse and inspect each
            siding by vehicle or by foot.

        (c) Report.--If, after the evaluation under subsection (a), the
    Secretary determines it is not necessary to revise the regulations under
    this section, the Secretary, not later than 18 months after the date of
    enactment of this Act, shall transmit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report explaining the reasons for not revising the regulations.
        (d) Construction.--Nothing in this section may be construed to limit
    the authority of the Secretary to promulgate regulations or issue orders
    under any other law.
    SEC. 11410. POST-ACCIDENT ASSESSMENT.

        (a) In General.--The Secretary, in cooperation with the National
    Transportation Safety Board and Amtrak, shall conduct a post-accident
    assessment of the Amtrak Northeast Regional Train #188 crash on May 12,
    2015.
        (b) Elements.--The assessment conducted pursuant to subsection (a)
    shall include--
                (1) a review of Amtrak's compliance with the plan for
            addressing the needs of the families of passengers involved in
            any rail passenger accident, which was submitted pursuant to
            section 24316 of title 49, United States Code;
                (2) a review of Amtrak's compliance with the emergency
            preparedness plan required under section 239.101(a) of title 49,
            Code of Federal Regulations;
                (3) a determination of any additional action items that
            should be included in the plans referred to in paragraphs (1)
            and (2) to meet the needs of the passengers involved in the
            crash and their families, including--
                        (A) notification of emergency contacts;
                        (B) dedicated and trained staff to manage family
                    assistance;
                        (C) the establishment of a family assistance center
                    at the accident locale or other appropriate location;
                        (D) a system for identifying and recovering items
                    belonging to passengers that were lost in the crash; and
                        (E) the establishment of a single customer service
                    entity within Amtrak to coordinate the response to the
                    needs of the passengers involved in the crash and their
                    families; and

    [[Page 129 STAT. 1686]]

                (4) recommendations for any additional training needed by
            Amtrak staff to better implement the plans referred to in
            paragraphs (1) and (2), including the establishment of a regular
            schedule for training drills and exercises.

        (c) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, Amtrak shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that describes--
                (1) Amtrak's plan to achieve the recommendations referred to
            in subsection (b)(4); and
                (2) any steps that have been taken to address any
            deficiencies identified through the assessment.
    SEC. 11411. RECORDING DEVICES.

        (a) In General.--Subchapter II of chapter 201 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 20168. <<NOTE: 49 USC 20168.>>  Installation of audio and
                        image recording devices

        ``(a) In General.--Not later than 2 years after the date of
    enactment of the Passenger Rail Reform and Investment Act of 2015, the
    Secretary of Transportation shall promulgate regulations to require each
    railroad carrier that provides regularly scheduled intercity rail
    passenger or commuter rail passenger transportation to the public to
    install inward- and outward-facing image recording devices in all
    controlling locomotive cabs and cab car operating compartments in such
    passenger trains.
        ``(b) Device Standards.--Each inward- and outward-facing image
    recording device shall--
                ``(1) have a minimum 12-hour continuous recording
            capability;
                ``(2) have crash and fire protections for any in-cab image
            recordings that are stored only within a controlling locomotive
            cab or cab car operating compartment; and
                ``(3) have recordings accessible for review during an
            accident or incident investigation.

        ``(c) Review.--The Secretary shall establish a process to review and
    approve or disapprove an inward- or outward-facing image recording
    device for compliance with the standards described in subsection (b).
        ``(d) Uses.--A railroad carrier subject to the requirements of
    subsection (a) that has installed an inward- or outward-facing image
    recording device approved under subsection (c) may use recordings from
    that inward- or outward-facing image recording device for the following
    purposes:
                ``(1) Verifying that train crew actions are in accordance
            with applicable safety laws and the railroad carrier's operating
            rules and procedures, including a system-wide program for such
            verification.
                ``(2) Assisting in an investigation into the causation of a
            reportable accident or incident.
                ``(3) Documenting a criminal act or monitoring unauthorized
            occupancy of the controlling locomotive cab or car operating
            compartment.
                ``(4) Other purposes that the Secretary considers
            appropriate.

        ``(e) Discretion.--

    [[Page 129 STAT. 1687]]

                ``(1) In general.--The Secretary may--
                        ``(A) require in-cab audio recording devices for the
                    purposes described in subsection (d); and
                        ``(B) define in appropriate technical detail the
                    essential features of the devices required under
                    subparagraph (A).
                ``(2) Exemptions.--The Secretary may exempt any railroad
            carrier subject to the requirements of subsection (a) or any
            part of the carrier's operations from the requirements under
            subsection (a) if the Secretary determines that the carrier has
            implemented an alternative technology or practice that provides
            an equivalent or greater safety benefit or that is better suited
            to the risks of the operation.

        ``(f) Tampering.--A railroad carrier subject to the requirements of
    subsection (a) may take appropriate enforcement or administrative action
    against any employee that tampers with or disables an audio or inward-
    or outward-facing image recording device installed by the railroad
    carrier.
        ``(g) Preservation of Data.--Each railroad carrier subject to the
    requirements of subsection (a) shall preserve recording device data for
    1 year after the date of a reportable accident or incident.
        ``(h) Information Protections.--The Secretary may not disclose
    publicly any part of an in-cab audio or image recording or transcript of
    oral communications by or among train employees or other operating
    employees responsible for the movement and direction of the train, or
    between such operating employees and company communication centers,
    related to an accident or incident investigated by the Secretary. The
    Secretary may make public any part of a transcript or any written
    depiction of visual information that the Secretary determines is
    relevant to the accident at the time a majority of the other factual
    reports on the accident or incident are released to the public.
        ``(i) Prohibited Use.--An in-cab audio or image recording obtained
    by a railroad carrier under this section may not be used to retaliate
    against an employee.
        ``(j) Savings Clause.--Nothing in this section may be construed as
    requiring a railroad carrier to cease or restrict operations upon a
    technical failure of an inward- or outward-facing image recording device
    or in-cab audio device. Such railroad carrier shall repair or replace
    the failed inward- or outward-facing image recording device as soon as
    practicable.''.
        (b) Conforming Amendment.--The table of contents for subchapter II
    of chapter 201 of title 49, United States Code, <<NOTE: 49 USC prec.
    20101.>>  is amended by adding at the end the following:

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

    SEC. 11412. RAILROAD POLICE OFFICERS.

        (a) In General.--Section 28101 of title 49, United States Code, is
    amended--
                (1) by striking ``employed by'' each place it appears and
            inserting ``directly employed by or contracted by'';
                (2) in subsection (b), by inserting ``or agent, as
            applicable,'' after ``an employee''; and
                (3) by adding at the end the following:

        ``(c) Transfers.--
                ``(1) In general.--If a railroad police officer directly
            employed by or contracted by a rail carrier and certified or
            commissioned as a police officer under the laws of a State

    [[Page 129 STAT. 1688]]

            transfers primary employment or residence from the certifying or
            commissioning State to another State or jurisdiction, the
            railroad police officer, not later than 1 year after the date of
            transfer, shall apply to be certified or commissioned as a
            police office under the laws of the State of new primary
            employment or residence.
                ``(2) Interim period.--During the period beginning on the
            date of transfer and ending 1 year after the date of transfer, a
            railroad police officer directly employed by or contracted by a
            rail carrier and certified or commissioned as a police officer
            under the laws of a State may enforce the laws of the new
            jurisdiction in which the railroad police officer resides, to
            the same extent as provided in subsection (a).

        ``(d) Training.--
                ``(1) In general.--A State may recognize as meeting that
            State's basic police officer certification or commissioning
            requirements for qualification as a rail police officer under
            this section any individual who successfully completes a program
            at a State-recognized police training academy in another State
            or at a Federal law enforcement training center and who is
            certified or commissioned as a police officer by that other
            State.
                ``(2) Rule of construction.--Nothing in this subsection
            shall be construed as superseding or affecting any State
            training requirements related to criminal law, criminal
            procedure, motor vehicle code, any other State law, or State-
            mandated comparative or annual in-service training academy or
            Federal law enforcement training center.''.

        (b) <<NOTE: 49 USC 28101 note.>>  Regulations.--Not later than 1
    year after the date of enactment of this Act, the Secretary shall revise
    the regulations in part 207 of title 49, Code of Federal Regulations
    (relating to railroad police officers), to permit a railroad to
    designate an individual, who is commissioned in the individual's State
    of legal residence or State of primary employment and directly employed
    by or contracted by a railroad to enforce State laws for the protection
    of railroad property, personnel, passengers, and cargo, to serve in the
    States in which the railroad owns property.

        (c) Conforming Amendments.--
                (1) Amtrak rail police.--Section 24305(e) of title 49,
            United States Code, is amended--
                        (A) by striking ``may employ'' and inserting ``may
                    directly employ or contract with'';
                        (B) by striking ``employed by'' and inserting
                    ``directly employed by or contracted by''; and
                        (C) by striking ``employed without'' and inserting
                    ``directly employed or contracted without''.
                (2) Exceptions.--Section 922(z)(2)(B) of title 18, United
            States Code, is amended by striking ``employed by'' and
            inserting ``directly employed by or contracted by''.
    SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION
                                EQUIPMENT.

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

    [[Page 129 STAT. 1689]]

    ``Sec. 20121. <<NOTE: 49 USC 20121.>>  Repair and replacement of
                        damaged track inspection equipment

        ``The Secretary of Transportation may receive and expend cash, or
    receive and utilize spare parts and similar items, from non-United
    States Government sources to repair damages to or replace United States
    Government-owned automated track inspection cars and equipment as a
    result of third-party liability for such damages, and any amounts
    collected under this section shall be credited directly to the Railroad
    Safety and Operations account of the Federal Railroad Administration and
    shall remain available until expended for the repair, operation, and
    maintenance of automated track inspection cars and equipment in
    connection with the automated track inspection program.''.
        (b) Conforming Amendment.--The table of contents for subchapter I of
    chapter 201 of title 49, United States Code, <<NOTE: 49 USC prec.
    20101.>>  is amended by adding at the end the following:

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

    SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION.

        (a) Report.--Not later than 9 months after the date of enactment of
    this Act, the Secretary shall transmit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate a
    report detailing research conducted or procured by the Federal Railroad
    Administration on developing a system that measures vertical track
    deflection (in this section referred to as ``VTD'') from a moving rail
    car, including the ability of such system to identify poor track support
    from fouled ballast, deteriorated cross ties, or other conditions.
        (b) Contents.--The report required under subsection (a) shall
    include--
                (1) the findings and results of testing of VTD
            instrumentation during field trials on revenue service track;
                (2) the findings and results of subsequent testing of VTD
            instrumentation on a Federal Railroad Administration automated
            track inspection program geometry car;
                (3) if considered appropriate by the Secretary based on the
            report and related research, a plan for developing quantitative
            inspection criteria for poor track support using existing VTD
            instrumentation on Federal Railroad Administration automated
            track inspection program geometry cars; and
                (4) if considered appropriate by the Secretary based on the
            report and related research, a plan for installing VTD
            instrumentation on all remaining Federal Railroad Administration
            automated track inspection program geometry cars not later than
            3 years after the date of enactment of this Act.
    SEC. 11415. <<NOTE: 49 USC 28103 note.>>  RAIL PASSENGER
                                LIABILITY.

        (a) Amtrak Incident.--Notwithstanding any other provision of law,
    the aggregate allowable awards to all rail passengers, against all
    defendants, for all claims, including claims for punitive damages,
    arising from a single accident or incident involving Amtrak occurring on
    May 12, 2015, shall not exceed $295,000,000.
        (b) Adjustment Based on Consumer Price Index.--The liability cap
    under section 28103(a)(2) of title 49, United States Code, shall be
    adjusted on the date of enactment of this Act to

    [[Page 129 STAT. 1690]]

    reflect the change in the Consumer Price Index-All Urban Consumers
    between such date and December 2, 1997, and the Secretary shall provide
    appropriate public notice of such adjustment. The adjustment of the
    liability cap shall be effective 30 days after such notice. Every fifth
    year after the date of enactment of this Act, the Secretary shall adjust
    such liability cap to reflect the change in the Consumer Price Index-All
    Urban Consumers since the last adjustment. The Secretary shall provide
    appropriate public notice of each such adjustment, and the adjustment
    shall become effective 30 days after such notice.

    Subtitle E <<NOTE: Track, Railroad, and Infrastructure Network Act.>> --
    Project Delivery
    SEC. 11501. <<NOTE: 49 USC 20101 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Track, Railroad, and
    Infrastructure Network Act'' or the ``TRAIN Act''.
    SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER
                                PRESERVATION REQUIREMENTS.

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

        (b) Title 49 Amendment.--Section 303 of title 49, United States
    Code, is further amended--
                (1) in subsection (c), in the matter preceding paragraph
            (1), by striking ``subsection (d)'' and inserting ``subsections
            (d) and (h)''; and
                (2) by adding at the end the following:

        ``(h) Rail and Transit.--
                ``(1) In general.--Improvements to, or the maintenance,
            rehabilitation, or operation of, railroad or rail transit lines
            or elements thereof that are in use or were historically used

    [[Page 129 STAT. 1691]]

            for the transportation of goods or passengers shall not be
            considered a use of a historic site under subsection (c),
            regardless of whether the railroad or rail transit line or
            element thereof is listed on, or eligible for listing on, the
            National Register of Historic Places.
                ``(2) Exceptions.--
                        ``(A) In general.--Paragraph (1) shall not apply
                    to--
                              ``(i) stations; or
                              ``(ii) bridges or tunnels located on--
                                        ``(I) railroad lines that have been
                                    abandoned; or
                                        ``(II) transit lines that are not in
                                    use.
                        ``(B) Clarification with respect to certain bridges
                    and tunnels.--The bridges and tunnels referred to in
                    subparagraph (A)(ii) do not include bridges or tunnels
                    located on railroad or transit lines--
                              ``(i) over which service has been
                          discontinued; or
                              ``(ii) that have been railbanked or otherwise
                          reserved for the transportation of goods or
                          passengers.''.
    SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS.

        (a) Amendment.--Title 49, United States Code, <<NOTE: 49 USC prec.
    24201.>>  is amended by inserting after chapter 241 the following new
    chapter:

                         ``CHAPTER 242--PROJECT DELIVERY

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

    ``Sec. 24201. <<NOTE: 49 USC 24201.>>  Efficient environmental
                        reviews

        ``(a) Efficient Environmental Reviews.--
                ``(1) In general.--The Secretary of Transportation shall
            apply the project development procedures, to the greatest extent
            feasible, described in section 139 of title 23 to any railroad
            project that requires the approval of the Secretary under the
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
            seq.).
                ``(2) Regulations and procedures.--In carrying out paragraph
            (1), the Secretary shall incorporate into agency regulations and
            procedures pertaining to railroad projects described in
            paragraph (1) aspects of such project development procedures, or
            portions thereof, determined appropriate by the Secretary in a
            manner consistent with this section, that increase the
            efficiency of the review of railroad projects.
                ``(3) Discretion.--The Secretary may choose not to
            incorporate into agency regulations and procedures pertaining to
            railroad projects described in paragraph (1) such project
            development procedures that could only feasibly apply to highway
            projects, public transportation capital projects, and multimodal
            projects.
                ``(4) Applicability.--Subsection (l) of section 139 of title
            23 shall apply to railroad projects described in paragraph (1),
            except that the limitation on claims of 150 days shall be 2
            years.

        ``(b) Additional Categorical Exclusions.--Not later than 6 months
    after the date of enactment of the Passenger Rail Reform and Investment
    Act of 2015, the Secretary shall--

    [[Page 129 STAT. 1692]]

                ``(1) survey the use by the Federal Railroad Administration
            of categorical exclusions in transportation projects since 2005;
            and
                ``(2) publish in the Federal Register for notice and public
            comment a review of the survey that includes a description of--
                        ``(A) the types of actions categorically excluded;
                    and
                        ``(B) any actions the Secretary is considering for
                    new categorical exclusions, including those that would
                    conform to those of other modal administrations.

        ``(c) New Categorical Exclusions.--Not later than 1 year after the
    date of enactment of the Passenger Rail Reform and Investment Act of
    2015, the Secretary shall publish a notice of proposed rulemaking to
    propose new and existing categorical exclusions for railroad projects
    that require the approval of the Secretary under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including
    those identified under subsection (b), and develop a process for
    considering new categorical exclusions to the extent that the
    categorical exclusions meet the criteria for a categorical exclusion
    under section 1508.4 of title 40, Code of Federal Regulations.
        ``(d) Transparency.--The Secretary shall maintain and make publicly
    available, including on the Internet, a database that identifies
    project-specific information on the use of a categorical exclusion on
    any railroad project carried out under this title.
        ``(e) Protections for Existing Agreements and NEPA.--Nothing in
    subtitle E of the Passenger Rail Reform and Investment Act of 2015, or
    any amendment made by such subtitle, shall affect any existing
    environmental review process, program, agreement, or funding arrangement
    approved by the Secretary under title 49, as that title was in effect on
    the day preceding the date of enactment of such subtitle.''.
        (b) <<NOTE: 42 USC 4370m note.>>  Savings Clause.--Except as
    expressly provided in section 41003(f) and subsection (o) of section 139
    of title 23, United States Code, the requirements and other provisions
    of title 41 of this Act shall not apply to--
                (1) programs administered now and in the future by the
            Department of Transportation or its operating administrations
            under title 23, 46, or 49, United States Code, including direct
            loan and loan guarantee programs, or other Federal statutes or
            programs or projects administered by an agency pursuant to their
            authority under title 49, United States Code; or
                (2) any project subject to section 2045 of the Water
            Resources Development Act of 2007 (33 U.S.C. 2348).

        (c) Table of Chapters Amendment.--The table of chapters of subtitle
    V of title 49, United States Code, <<NOTE: 49 USC prec. 20101.>>  is
    amended by inserting after the item relating to chapter 241 the
    following:

    ``242. Project delivery.........................................24201''.
    SEC. 11504. RAILROAD RIGHTS-OF-WAY.

        (a) Amendment.--Chapter 242 of title 49, United States Code, (as
    added by this Act) is amended by adding at the end the following:
    ``Sec. 24202. <<NOTE: 49 USC 24202.>>  Railroad rights-of-way

        ``(a) In General.--Not later than 1 year after the date of enactment
    of the Passenger Rail Reform and Investment Act of 2015, the Secretary
    shall submit a proposed exemption of railroad

    [[Page 129 STAT. 1693]]

    rights-of-way from the review under section 306108 of title 54 to the
    Advisory Council on Historic Preservation for consideration, consistent
    with the exemption for interstate highways approved on March 10, 2005
    (70 Fed. Reg. 11,928).
        ``(b) Final Exemption.--Not later than 180 days after the date on
    which the Secretary submits the proposed exemption under subsection (a)
    to the Council, the Council shall issue a final exemption of railroad
    rights-of-way from review under chapter 3061 of title 54 consistent with
    the exemption for interstate highways approved on March 10, 2005 (70
    Fed. Reg. 11,928).''.
        (b) Conforming Amendment.--The table of contents for chapter 242 of
    title 49, United States Code, <<NOTE: 49 USC prec. 24201.>>  (as added
    by this Act) is amended by adding at the end the following:

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

        Subtitle F <<NOTE: Railroad Infrastructure Financing Improvement
    Act.>> --Financing
    SEC. 11601. SHORT TITLE; REFERENCES.

        (a) <<NOTE: 45 USC 801 note.>>  Short Title.--This subtitle may be
    cited as the ``Railroad Infrastructure Financing Improvement Act''.

        (b) References to the Railroad Revitalization and Regulatory Reform
    Act of 1976.--Except as otherwise expressly provided, wherever in this
    subtitle an amendment or repeal is expressed in terms of an amendment
    to, or repeal of, a section or other provision, the reference shall be
    considered to be made to a section or other provision of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et
    seq.).
    SEC. 11602. DEFINITIONS.

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

    [[Page 129 STAT. 1694]]

                ``(14) The term `substantial completion' means--
                        ``(A) the opening of a project to passenger or
                    freight traffic; or
                        ``(B) a comparable event, as determined by the
                    Secretary and specified in the terms of the direct loan
                    or loan guarantee provided by the Secretary.''.
    SEC. 11603. ELIGIBLE APPLICANTS.

        Section 502(a) (45 U.S.C. 822(a)) is amended--
                (1) in paragraph (5), by striking ``one railroad'' and
            inserting ``1 of the entities described in paragraph (1), (2),
            (3), (4), or (6)''; and
                (2) by amending paragraph (6) to read as follows:
                ``(6) solely for the purpose of constructing a rail
            connection between a plant or facility and a railroad, limited
            option freight shippers that own or operate a plant or other
            facility.''.
    SEC. 11604. ELIGIBLE PURPOSES.

        (a) In General.--Section 502(b)(1) (45 U.S.C. 822(b)(1)) is
    amended--
                (1) in subparagraph (A), by inserting ``, and costs related
            to these activities, including pre-construction costs'' after
            ``shops'';
                (2) in subparagraph (B), by striking ``subparagraph (A);
            or'' and inserting ``subparagraph (A) or (C);'';
                (3) in subparagraph (C), by striking the period at the end
            and inserting a semicolon; and
                (4) by adding at the end the following:
                        ``(D) reimburse planning and design expenses
                    relating to activities described in subparagraph (A) or
                    (C); or
                        ``(E) finance economic development, including
                    commercial and residential development, and related
                    infrastructure and activities, that--
                              ``(i) incorporates private investment;
                              ``(ii) is physically or functionally related
                          to a passenger rail station or multimodal station
                          that includes rail service;
                              ``(iii) has a high probability of the
                          applicant commencing the contracting process for
                          construction not later than 90 days after the date
                          on which the direct loan or loan guarantee is
                          obligated for the project under this title; and
                              ``(iv) has a high probability of reducing the
                          need for financial assistance under any other
                          Federal program for the relevant passenger rail
                          station or service by increasing ridership, tenant
                          lease payments, or other activities that generate
                          revenue exceeding costs.''.

        (b) Required Non-Federal Match for Transit-oriented Development
    Projects.--Section 502(h) (45 U.S.C. 822(h)) is amended by adding at the
    end the following:
        ``(4) The Secretary shall require each recipient of a direct loan or
    loan guarantee under this section for a project described in subsection
    (b)(1)(E) to provide a non-Federal match of not less than 25 percent of
    the total amount expended by the recipient for such project.''.
        (c) Sunset.--Section 502(b) (45 U.S.C. 822(b)) is amended by adding
    at the end the following:

    [[Page 129 STAT. 1695]]

                ``(3) Sunset.--The Secretary may provide a direct loan or
            loan guarantee under this section for a project described in
            paragraph (1)(E) only during the 4-year period beginning on the
            date of enactment of the Passenger Rail Reform and Investment
            Act of 2015.''.
    SEC. 11605. PROGRAM ADMINISTRATION.

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

        (b) Administration of Direct Loans and Loan Guarantees.--Section 503
    (45 U.S.C. 823) is amended--

    [[Page 129 STAT. 1696]]

                (1) in subsection (a) by striking the period at the end and
            inserting ``, including a program guide, a standard term sheet,
            and specific timetables.'';
                (2) by redesignating subsections (c) through (l) as
            subsections (d) through (m), respectively;
                (3) by striking ``(b) Assignment of Loan Guarantees.--'' and
            inserting ``(c) Assignment of Loan Guarantees.--'';
                (4) in subsection (d), as so redesignated--
                        (A) in paragraph (1) by striking ``; and'' and
                    inserting a semicolon;
                        (B) in paragraph (2) by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(3) the modification cost has been covered under section
            502(f).''; and
                (5) by striking subsection (l), as so redesignated, and
            inserting the following:

        ``(l) Charges and Loan Servicing.--
                ``(1) Purposes.--The Secretary may collect from each
            applicant, obligor, or loan party a reasonable charge for--
                        ``(A) the cost of evaluating the application,
                    amendments, modifications, and waivers, including for
                    evaluating project viability, applicant
                    creditworthiness, and the appraisal of the value of the
                    equipment or facilities for which the direct loan or
                    loan guarantee is sought, and for making necessary
                    determinations and findings;
                        ``(B) the cost of award management and project
                    management oversight;
                        ``(C) the cost of services from expert firms,
                    including counsel, and independent financial advisors to
                    assist in the underwriting, auditing, servicing, and
                    exercise of rights with respect to direct loans and loan
                    guarantees; and
                        ``(D) the cost of all other expenses incurred as a
                    result of a breach of any term or condition or any event
                    of default on a direct loan or loan guarantee.
                ``(2) Standards.--The Secretary may charge different amounts
            under this subsection based on the different costs incurred
            under paragraph (1).
                ``(3) Servicer.--
                        ``(A) In general.--The Secretary may appoint a
                    financial entity to assist the Secretary in servicing a
                    direct loan or loan guarantee under this title.
                        ``(B) Duties.--A servicer appointed under
                    subparagraph (A) shall act as the agent of the Secretary
                    in serving a direct loan or loan guarantee under this
                    title.
                        ``(C) Fees.--A servicer appointed under subparagraph
                    (A) shall receive a servicing fee from the obligor or
                    other loan party, subject to approval by the Secretary.
                ``(4) Safety and operations account.--Amounts collected
            under this subsection shall--
                        ``(A) be credited directly to the Safety and
                    Operations account of the Federal Railroad
                    Administration; and
                        ``(B) remain available until expended to pay for the
                    costs described in this subsection.''.

    [[Page 129 STAT. 1697]]

    SEC. 11606. LOAN TERMS AND REPAYMENT.

        (a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C.
    822(g)(1)) is amended by striking ``35 years from the date of its
    execution'' and inserting the following: ``the lesser of--
                        ``(A) 35 years after the date of substantial
                    completion of the project; or
                        ``(B) the estimated useful life of the rail
                    equipment or facilities to be acquired, rehabilitated,
                    improved, developed, or established''.

        (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is
    amended--
                (1) in paragraph (1) by striking ``the sixth anniversary
            date of the original loan disbursement'' and inserting ``5 years
            after the date of substantial completion''; and
                (2) by adding at the end the following:
                ``(3) Deferred payments.--
                        ``(A) In general.--If at any time after the date of
                    substantial completion the obligor is unable to pay the
                    scheduled loan repayments of principal and interest on a
                    direct loan provided under this section, the Secretary,
                    subject to subparagraph (B), may allow, for a maximum
                    aggregate time of 1 year over the duration of the direct
                    loan, the obligor to add unpaid principal and interest
                    to the outstanding balance of the direct loan.
                        ``(B) Interest.--A payment deferred under
                    subparagraph (A) shall--
                              ``(i) continue to accrue interest under
                          paragraph (2) until the loan is fully repaid; and
                              ``(ii) be scheduled to be amortized over the
                          remaining term of the loan.
                ``(4) Prepayments.--
                        ``(A) Use of excess revenues.--With respect to a
                    direct loan provided by the Secretary under this
                    section, any excess revenues that remain after
                    satisfying scheduled debt service requirements on the
                    project obligations and direct loan and all deposit
                    requirements under the terms of any trust agreement,
                    bond resolution, or similar agreement securing project
                    obligations may be applied annually to prepay the direct
                    loan without penalty.
                        ``(B) Use of proceeds of refinancing.--The direct
                    loan may be prepaid at any time without penalty from the
                    proceeds of refinancing from non-Federal funding
                    sources.''.

        (c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is amended by
    adding at the end the following:
        ``(k) Sale of Direct Loans.--
                ``(1) In general.--Subject to paragraph (2) and as soon as
            practicable after substantial completion of a project, the
            Secretary, after notifying the obligor, may sell to another
            entity or reoffer into the capital markets a direct loan for the
            project if the Secretary determines that the sale or reoffering
            has a high probability of being made on favorable terms.
                ``(2) Consent of obligor.--In making a sale or reoffering
            under paragraph (1), the Secretary may not change the original
            terms and conditions of the secured loan without the prior
            written consent of the obligor.''.

    [[Page 129 STAT. 1698]]

        (d) Nonsubordination.--Section 502 (45 U.S.C. 822) is further
    amended by adding at the end the following:
        ``(l) Nonsubordination.--
                ``(1) In general.--Except as provided in paragraph (2), a
            direct loan provided by the Secretary under this section shall
            not be subordinated to the claims of any holder of project
            obligations in the event of bankruptcy, insolvency, or
            liquidation of the obligor.
                ``(2) Preexisting indentures.--
                        ``(A) In general.--The Secretary may waive the
                    requirement under paragraph (1) for a public agency
                    borrower that is financing ongoing capital programs and
                    has outstanding senior bonds under a preexisting
                    indenture if--
                              ``(i) the direct loan is rated in the A
                          category or higher;
                              ``(ii) the direct loan is secured and payable
                          from pledged revenues not affected by project
                          performance, such as a tax-based revenue pledge or
                          a system-backed pledge of project revenues; and
                              ``(iii) the program share, under this title,
                          of eligible project costs is 50 percent or less.
                        ``(B) Limitation.--The Secretary may impose
                    limitations for the waiver of the nonsubordination
                    requirement under this paragraph if the Secretary
                    determines that such limitations would be in the
                    financial interest of the Federal Government.''.
    SEC. 11607. CREDIT RISK PREMIUMS.

        (a) Infrastructure Partners.--Section 502(f) (45 U.S.C. 822(f)) is
    amended--
                (1) in paragraph (1) by striking the first sentence and
            inserting the following: ``In lieu of or in combination with
            appropriations of budget authority to cover the costs of direct
            loans and loan guarantees as required under section 504(b)(1) of
            the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)),
            including the cost of a modification thereof, the Secretary may
            accept on behalf of an applicant for assistance under this
            section a commitment from a non-Federal source, including a
            State or local government or agency or public benefit
            corporation or public authority thereof, to fund in whole or in
            part credit risk premiums and modification costs with respect to
            the loan that is the subject of the application or
            modification.'';
                (2) in paragraph (2)--
                        (A) in subparagraph (D), by adding ``and'' after the
                    semicolon;
                        (B) by striking subparagraph (E); and
                        (C) by redesignating subparagraph (F) as
                    subparagraph (E);
                (3) by striking paragraph (4);
                (4) by redesignating paragraph (3) as paragraph (4);
                (5) by inserting after paragraph (2) the following:
                ``(3) Creditworthiness.--An applicant may propose and the
            Secretary shall accept as a basis for determining the amount of
            the credit risk premium under paragraph (2) any of the following
            in addition to the value of any tangible asset:

    [[Page 129 STAT. 1699]]

                        ``(A) The net present value of a future stream of
                    State or local subsidy income or other dedicated
                    revenues to secure the direct loan or loan guarantee.
                        ``(B) Adequate coverage requirements to ensure
                    repayment, on a non-recourse basis, from cash flows
                    generated by the project or any other dedicated revenue
                    source, including--
                              ``(i) tolls;
                              ``(ii) user fees; or
                              ``(iii) payments owing to the obligor under a
                          public-private partnership.
                        ``(C) An investment-grade rating on the direct loan
                    or loan guarantee, as applicable, except that if the
                    total amount of the direct loan or loan guarantee is
                    greater than $75,000,000, the applicant shall have an
                    investment-grade rating from at least 2 rating agencies
                    on the direct loan or loan guarantee.''; and
                (6) in paragraph (4), as redesignated, by striking
            ``amounts'' and inserting ``amounts (and in the case of a
            modification, before the modification is executed), to the
            extent appropriations are not available to the Secretary to meet
            the costs of direct loans and loan guarantees, including costs
            of modifications thereof''.

        (b) <<NOTE: 45 USC 821 note.>>  Savings Clause.--All provisions
    under sections 502 through 504 of the Railroad Revitalization and
    Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) as they existed on
    the day before enactment of this Act shall apply to direct loans
    provided by the Secretary prior to the date of enactment of this Act,
    and nothing in this title may be construed to limit the payback of a
    credit risk premium, with interest accrued thereon, if a direct loan
    provided by the Secretary under such sections has been paid back in
    full, prior to the date of enactment of this Act.
    SEC. 11608. MASTER CREDIT AGREEMENTS.

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

    [[Page 129 STAT. 1700]]

                    in each of the direct loans or loan guarantees or in the
                    release of the master credit agreement.''.
    SEC. 11609. PRIORITIES AND CONDITIONS.

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

        (b) Conditions of Assistance.--Section 502(h)(2) (45 U.S.C.
    822(h)(2)) is amended by inserting ``, if applicable'' after
    ``project''.
    SEC. 11610. <<NOTE: 45 USC 821 note.>>  SAVINGS PROVISIONS.

        (a) In General.--Except as provided in subsection (b) and section
    11607(b), this subtitle, and the amendments made by this subtitle, shall
    not affect any direct loan (or direct loan obligation) or an outstanding
    loan guarantee (or loan guarantee commitment) that was in effect prior
    to the date of enactment of this Act. Any such transaction entered into
    before the date of enactment of this Act shall be administered until
    completion under its terms as if this Act were not enacted.
        (b) Modification Costs.--At the discretion of the Secretary, the
    authority to accept modification costs on behalf of an applicant under
    section 502(f) of the Railroad Revitalization and Regulatory Reform Act
    of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act, may
    apply with respect to any direct loan (or direct loan obligation) or an
    outstanding loan guarantee (or loan guarantee commitment) that was in
    effect prior to the date of enactment of this Act.
    SEC. 11611. REPORT ON LEVERAGING RRIF.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Comptroller General of the United States shall transmit
    to the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a report that analyzes how the Railroad
    Rehabilitation and Improvement Financing Program can be used to improve
    passenger rail infrastructure.
        (b) Report Contents.--The report required under subsection (a) shall
    include--
                (1) illustrative examples of projects that could be financed
            under such Program;
                (2) potential repayment sources for such projects, including
            tax-increment financing, user fees, tolls, and other dedicated
            revenue sources; and
                (3) estimated costs and benefits of using the Program
            relative to other options, including a comparison of the length

    [[Page 129 STAT. 1701]]

            of time such projects would likely be completed without Federal
            credit assistance.

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

                        TITLE XXIV--MOTOR VEHICLE SAFETY

                           Subtitle A--Vehicle Safety

    SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--Subject to subsection (b), there is authorized to
    be appropriated to the Secretary to carry out chapter 301 of title 49,
    and part C of subtitle VI of title 49, United States Code, amounts as
    follows:
                (1) $132,730,000 for fiscal year 2016.
                (2) $135,517,330 for fiscal year 2017.
                (3) $138,363,194 for fiscal year 2018.
                (4) $141,268,821 for fiscal year 2019.
                (5) $144,235,466 for fiscal year 2020.

        (b) Additional Authorization of Appropriations if a Certification Is
    Made.--
                (1) In general.--In addition to the amounts authorized to be
            appropriated under subsection (a) to carry out chapter 301 of
            title 49, and part C of subtitle VI of title 49, United States
            Code, if the certification described in paragraph (2) is made
            during a fiscal year there is authorized to be appropriated to
            the Secretary for that purpose for that fiscal year and
            subsequent fiscal years an additional amount as follows:
                        (A) $46,270,000 for fiscal year 2016.
                        (B) $51,537,670 for fiscal year 2017.
                        (C) $57,296,336 for fiscal year 2018.
                        (D) $62,999,728 for fiscal year 2019.
                        (E) $69,837,974 for fiscal year 2020.
                (2) Certification described.--The certification described in
            this paragraph is a certification made by the Secretary and
            submitted to Congress that the National Highway Traffic Safety
            Administration has implemented all of the recommendations in the
            Office of Inspector General Audit Report issued June 18, 2015
            (ST-2015-063). As part of the certification, the Secretary shall
            review the actions the National Highway Traffic Safety
            Administration has taken to implement the recommendations and
            issue a report to Congress detailing how the recommendations
            were implemented. The Secretary shall not delegate or assign the
            responsibility under this paragraph.
    SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, and periodically thereafter until the completion date, the
    Department of Transportation Inspector General shall report to the
    appropriate committees of Congress on whether and what progress has been
    made to implement the recommendations in the Office of Inspector General
    Audit Report issued June 18, 2015 (ST-2015-063).

    [[Page 129 STAT. 1702]]

        (b) Implementation Progress.--The Administrator of the National
    Highway Traffic Safety Administration shall--
                (1) not later than 90 days after the date of enactment of
            this Act, and periodically thereafter until the completion date,
            provide a briefing to the appropriate committees of Congress on
            the actions the Administrator has taken to implement the
            recommendations in the audit report described in subsection (a),
            including a plan for implementing any remaining recommendations;
            and
                (2) not later than 1 year after the date of enactment of
            this Act, issue a final report to the appropriate committees of
            Congress on the implementation of all of the recommendations in
            the audit report described in subsection (a).

        (c) Definitions.--In this section:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committee on Energy and Commerce of the House of
            Representatives.
                (2) Completion date.--The term ``completion date'' means the
            date that the National Highway Traffic Safety Administration has
            implemented all of the recommendations in the Office of
            Inspector General Audit Report issued June 18, 2015 (ST-2015-
            063).
    SEC. 24103. <<NOTE: 49 USC 30119 note.>>  IMPROVEMENTS IN
                                AVAILABILITY OF RECALL INFORMATION.

        (a) Vehicle Recall Information.--Not later than 2 years after the
    date of enactment of this Act, the Secretary shall implement current
    information technology, web design trends, and best practices that will
    help ensure that motor vehicle safety recall information available to
    the public on the Federal website is readily accessible and easy to use,
    including--
                (1) by improving the organization, availability,
            readability, and functionality of the website;
                (2) by accommodating high-traffic volume; and
                (3) by establishing best practices for scheduling routine
            website maintenance.

        (b) Government Accountability Office Public Awareness Report.--
                (1) In general.--The Comptroller General shall study the
            current use by consumers, dealers, and manufacturers of the
            safety recall information made available to the public,
            including the usability and content of the Federal and
            manufacturers' websites and the National Highway Traffic Safety
            Administration's efforts to publicize and educate consumers
            about safety recall information.
                (2) Report.--Not later than 2 years after the date of
            enactment of this Act, the Comptroller General shall issue a
            report with the findings of the study under paragraph (1),
            including recommending any actions the Secretary can take to
            improve public awareness and use of the websites for safety
            recall information.

        (c) Promotion of Public Awareness.--Section 31301(c) of the Moving
    Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is
    amended to read as follows:

    [[Page 129 STAT. 1703]]

        ``(c) Promotion of Public Awareness.--The Secretary shall improve
    public awareness of safety recall information made publicly available by
    periodically updating the method of conveying that information to
    consumers, dealers, and manufacturers, such as through public service
    announcements.''.
        (d) Consumer Guidance.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall make available to the public
    on the Internet detailed guidance for consumers submitting safety
    complaints, including--
                (1) a detailed explanation of what information a consumer
            should include in a complaint; and
                (2) a detailed explanation of the possible actions the
            National Highway Traffic Safety Administration can take to
            address a complaint and respond to the consumer, including
            information on--
                        (A) the consumer records, such as photographs and
                    police reports, that could assist with an investigation;
                    and
                        (B) the length of time a consumer should retain the
                    records described in subparagraph (A).

        (e) Vin Search.--
                (1) In general.--The Secretary, in coordination with
            industry, including manufacturers and dealers, shall study--
                        (A) the feasibility of searching multiple vehicle
                    identification numbers at a time to retrieve motor
                    vehicle safety recall information; and
                        (B) the feasibility of making the search mechanism
                    described under subparagraph (A) publicly available.
                (2) Considerations.--In conducting the study under paragraph
            (1), the Secretary shall consider the potential costs, and
            potential risks to privacy and security in implementing such a
            search mechanism.
    SEC. <<NOTE: 49 USC 30119 note.>>  24104. RECALL PROCESS.

        (a) Notification Improvement.--
                (1) In general.--Not later than 270 days after the date of
            enactment of this Act, the Secretary shall prescribe a final
            rule revising the regulations under section 577.7 of title 49,
            Code of Federal Regulations, to include notification by
            electronic means in addition to notification by first class
            mail.
                (2) Definition of electronic means.--In this subsection, the
            term ``electronic means'' includes electronic mail and may
            include such other means of electronic notification, such as
            social media or targeted online campaigns, as determined by the
            Secretary.

        (b) Notification by Manufacturer.--Section 30118(c) of title 49,
    United States Code, is amended by inserting ``or electronic mail'' after
    ``certified mail''.
        (c) Recall Completion Rates Report.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, and biennially thereafter for 4 years,
            the Secretary shall--
                        (A) conduct an analysis of vehicle safety recall
                    completion rates to assess potential actions by the
                    National Highway Traffic Safety Administration to
                    improve vehicle safety recall completion rates; and
                        (B) submit to the Committee on Commerce, Science,
                    and Transportation of the Senate and the Committee on

    [[Page 129 STAT. 1704]]

                    Energy and Commerce of the House of Representatives a
                    report on the results of the analysis.
                (2) Contents.--Each report shall include--
                        (A) the annual recall completion rate by
                    manufacturer, model year, component (such as brakes,
                    fuel systems, and air bags), and vehicle type (passenger
                    car, sport utility vehicle, passenger van, and pick-up
                    truck) for each of the 5 years before the year the
                    report is submitted;
                        (B) the methods by which the Secretary has conducted
                    analyses of these recall completion rates to determine
                    trends and identify risk factors associated with lower
                    recall rates; and
                        (C) the actions the Secretary has planned to improve
                    recall completion rates based on the results of this
                    data analysis.

        (d) Inspector General Audit of Vehicle Recalls.--
                (1) In general.--The Department of Transportation Inspector
            General shall conduct an audit of the National Highway Traffic
            Safety Administration's management of vehicle safety recalls.
                (2) Contents.--The audit shall include a determination of
            whether the National Highway Traffic Safety Administration--
                        (A) appropriately monitors recalls to ensure the
                    appropriateness of scope and adequacy of recall
                    completion rates and remedies;
                        (B) ensures manufacturers provide safe remedies, at
                    no cost to consumers;
                        (C) is capable of coordinating recall remedies and
                    processes; and
                        (D) can improve its policy on consumer notice to
                    combat effects of recall fatigue.
    SEC. 24105. <<NOTE: 49 USC 30119 note.>>  PILOT GRANT PROGRAM FOR
                                STATE NOTIFICATION TO CONSUMERS OF
                                MOTOR VEHICLE RECALL STATUS.

        (a) In General.--Not later than October 1, 2016, the Secretary shall
    implement a 2-year pilot program to evaluate the feasibility and
    effectiveness of a State process for informing consumers of open motor
    vehicle recalls at the time of motor vehicle registration in the State.
        (b) Grants.--To carry out this program, the Secretary may make a
    grant to each eligible State, but not more than 6 eligible States in
    total, that agrees to comply with the requirements under subsection (c).
    Funds made available to a State under this section shall be used by the
    State for the pilot program described in subsection (a).
        (c) Eligibility.--To be eligible for a grant, a State shall--
                (1) submit an application in such form and manner as the
            Secretary prescribes;
                (2) agree to notify, at the time of registration, each owner
            or lessee of a motor vehicle presented for registration in the
            State of any open recall on that vehicle;
                (3) provide the open motor vehicle recall information at no
            cost to each owner or lessee of a motor vehicle presented for
            registration in the State; and
                (4) provide such other information as the Secretary may
            require.

    [[Page 129 STAT. 1705]]

        (d) Awards.--In selecting an applicant for an award under this
    section, the Secretary shall consider the State's methodology for
    determining open recalls on a motor vehicle, for informing consumers of
    the open recalls, and for determining performance.
        (e) Performance Period.--Each grant awarded under this section shall
    require a 2-year performance period.
        (f) Report.--Not later than 90 days after the completion of the
    performance period under subsection (e), a grantee shall provide to the
    Secretary a report of performance containing such information as the
    Secretary considers necessary to evaluate the extent to which open
    recalls have been remedied.
        (g) Evaluation.--Not later than 180 days after the completion of the
    pilot program, the Secretary shall evaluate the extent to which open
    recalls identified have been remedied.
        (h) Definitions.--In this section:
                (1) Consumer.--The term ``consumer'' includes owner and
            lessee.
                (2) Motor vehicle.--The term ``motor vehicle'' has the
            meaning given the term under section 30102(a) of title 49,
            United States Code.
                (3) Open recall.--The term ``open recall'' means a recall
            for which a notification by a manufacturer has been provided
            under section 30119 of title 49, United States Code, and that
            has not been remedied under section 30120 of that title.
                (4) Registration.--The term ``registration'' means the
            process for registering motor vehicles in the State.
                (5) State.--The term ``State'' has the meaning given the
            term under section 101(a) of title 23, United States Code.
    SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.

        Section 30120A of title 49, United States Code, is amended by
    striking ``chapter 11 of title 11,'' and inserting ``chapter 7 or
    chapter 11 of title 11''.
    SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.

        Section 30120(f) of title 49, United States Code, is amended--
                (1) by inserting ``(1) in general. A manufacturer'' and
            indenting appropriately;
                (2) in paragraph (1), as redesignated, by striking the
            period at the end and inserting the following: ``if--
                        ``(A) at the time of providing service for each of
                    the manufacturer's motor vehicles it services, the
                    dealer notifies the owner or the individual requesting
                    the service of any open recall; and
                        ``(B) the notification requirement under
                    subparagraph (A) is specified in a franchise, operating,
                    or other agreement between the dealer and the
                    manufacturer.''; and
                (3) by adding at the end the following:
                ``(2) Definition of open recall.--In this subsection, the
            term `open recall' means a recall for which a notification by a
            manufacturer has been provided under section 30119 and that has
            not been remedied under this section.''.
    SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE DEFECTS.

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

    [[Page 129 STAT. 1706]]

                (2) in paragraph (2), by striking ``60-day'' each place it
            appears and inserting ``180-day''.
    SEC. 24109. <<NOTE: Raechel and Jacqueline Houck Safe Rental Car
                                Act of 2015.>>  RENTAL CAR SAFETY.

        (a) <<NOTE: 49 USC 30101 note.>>  Short Title.--This section may be
    cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of
    2015''.

        (b) Definitions.--Section 30102(a) of title 49, United States Code,
    is amended--
                (1) by redesignating paragraphs (10) and (11) as paragraphs
            (12) and (13), respectively;
                (2) by redesignating paragraphs (1) through (9) as
            paragraphs (2) through (10), respectively;
                (3) by inserting before paragraph (2), as redesignated, the
            following:
                ``(1) `covered rental vehicle' means a motor vehicle that--
                        ``(A) has a gross vehicle weight rating of 10,000
                    pounds or less;
                        ``(B) is rented without a driver for an initial term
                    of less than 4 months; and
                        ``(C) is part of a motor vehicle fleet of 35 or more
                    motor vehicles that are used for rental purposes by a
                    rental company.''; and
                (4) by inserting after paragraph (10), as redesignated, the
            following:
                ``(11) `rental company' means a person who--
                        ``(A) is engaged in the business of renting covered
                    rental vehicles; and
                        ``(B) uses for rental purposes a motor vehicle fleet
                    of 35 or more covered rental vehicles, on average,
                    during the calendar year.''.

        (c) Remedies for Defects and Noncompliance.--Section 30120(i) of
    title 49, United States Code, is amended--
                (1) in the subsection heading, by adding ``, or Rental'' at
            the end;
                (2) in paragraph (1)--
                        (A) by striking ``(1) If notification'' and
                    inserting the following:
                ``(1) In general.--If notification'';
                        (B) by indenting subparagraphs (A) and (B) four ems
                    from the left margin;
                        (C) by inserting ``or the manufacturer has provided
                    to a rental company notification about a covered rental
                    vehicle in the company's possession at the time of
                    notification'' after ``time of notification'';
                        (D) by striking ``the dealer may sell or lease,''
                    and inserting ``the dealer or rental company may sell,
                    lease, or rent''; and
                        (E) in subparagraph (A), by striking ``sale or
                    lease'' and inserting ``sale, lease, or rental
                    agreement'';
                (3) by amending paragraph (2) to read as follows:
                ``(2) Rule of construction.--Nothing in this subsection may
            be construed to prohibit a dealer or rental company from
            offering the vehicle or equipment for sale, lease, or rent.'';
            and
                (4) by adding at the end the following:
                ``(3) Specific rules for rental companies.--

    [[Page 129 STAT. 1707]]

                        ``(A) In general.--Except as otherwise provided
                    under this paragraph, a rental company shall comply with
                    the limitations on sale, lease, or rental set forth in
                    subparagraph (C) and paragraph (1) as soon as
                    practicable, but not later than 24 hours after the
                    earliest receipt of the notice to owner under subsection
                    (b) or (c) of section 30118 (including the vehicle
                    identification number for the covered vehicle) by the
                    rental company, whether by electronic means or first
                    class mail.
                        ``(B) Special rule for large vehicle fleets.--
                    Notwithstanding subparagraph (A), if a rental company
                    receives a notice to owner covering more than 5,000
                    motor vehicles in its fleet, the rental company shall
                    comply with the limitations on sale, lease, or rental
                    set forth in subparagraph (C) and paragraph (1) as soon
                    as practicable, but not later than 48 hours after the
                    earliest receipt of the notice to owner under subsection
                    (b) or (c) of section 30118 (including the vehicle
                    identification number for the covered vehicle) by the
                    rental company, whether by electronic means or first
                    class mail.
                        ``(C) Special rule for when remedies not immediately
                    available.--If a notification required under subsection
                    (b) or (c) of section 30118 indicates that the remedy
                    for the defect or noncompliance is not immediately
                    available and specifies actions to temporarily alter the
                    vehicle that eliminate the safety risk posed by the
                    defect or noncompliance, the rental company, after
                    causing the specified actions to be performed, may rent
                    (but may not sell or lease) the motor vehicle. Once the
                    remedy for the rental vehicle becomes available to the
                    rental company, the rental company may not rent the
                    vehicle until the vehicle has been remedied, as provided
                    in subsection (a).
                        ``(D) Inapplicability to junk automobiles.--
                    Notwithstanding paragraph (1), this subsection does not
                    prohibit a rental company from selling a covered rental
                    vehicle if such vehicle--
                              ``(i) meets the definition of a junk
                          automobile under section 201 of the Anti-Car Theft
                          Act of 1992 (49 U.S.C. 30501);
                              ``(ii) is retitled as a junk automobile
                          pursuant to applicable State law; and
                              ``(iii) is reported to the National Motor
                          Vehicle Information System, if required under
                          section 204 of such Act (49 U.S.C. 30504).''.

        (d) Making Safety Devices and Elements Inoperative.--Section
    30122(b) of title 49, United States Code, is amended by inserting
    ``rental company,'' after ``dealer,'' each place such term appears.
        (e) Inspections, Investigations, and Records.--Section 30166 of
    title 49, United States Code, is amended--
                (1) in subsection (c)(2), by striking ``or dealer'' each
            place such term appears and inserting ``dealer, or rental
            company'';
                (2) in subsection (e), by striking ``or dealer'' each place
            such term appears and inserting ``dealer, or rental company'';
            and
                (3) in subsection (f), by striking ``or to owners'' and
            inserting ``, rental companies, or other owners''.

    [[Page 129 STAT. 1708]]

        (f) Research Authority.--The Secretary of Transportation may conduct
    a study of--
                (1) the effectiveness of the amendments made by this
            section; and
                (2) other activities of rental companies (as defined in
            section 30102(a)(11) of title 49, United States Code) related to
            their use and disposition of motor vehicles that are the subject
            of a notification required under section 30118 of title 49,
            United States Code.

        (g) Study.--
                (1) Additional requirement.--Section 32206(b)(2) of the
            Moving Ahead for Progress in the 21st Century Act (Public Law
            112-141; 126 Stat. 785) is amended--
                        (A) in subparagraph (E), by striking ``and'' at the
                    end;
                        (B) by redesignating subparagraph (F) as
                    subparagraph (G); and
                        (C) by inserting after subparagraph (E) the
                    following:
                        ``(F) evaluate the completion of safety recall
                    remedies on rental trucks; and''.
                (2) Report.--Section 32206(c) of such Act is amended--
                        (A) in paragraph (1), by striking ``subsection (b)''
                    and inserting ``subparagraphs (A) through (E) and (G) of
                    subsection (b)(2)'';
                        (B) by redesignating paragraphs (1) and (2) as
                    subparagraphs (A) and (B), respectively;
                        (C) by striking ``Report. Not later'' and inserting
                    the following:

        ``(c) Reports.--
                ``(1) Initial report.--Not later''; and
                        (D) by adding at the end the following:
                ``(2) Safety recall remedy report.--Not later than 1 year
            after the date of the enactment of the `Raechel and Jacqueline
            Houck Safe Rental Car Act of 2015', the Secretary shall submit a
            report to the congressional committees set forth in paragraph
            (1) that contains--
                        ``(A) the findings of the study conducted pursuant
                    to subsection (b)(2)(F); and
                        ``(B) any recommendations for legislation that the
                    Secretary determines to be appropriate.''.

        (h) Public Comments.--The Secretary shall solicit comments regarding
    the implementation of this section from members of the public, including
    rental companies, consumer organizations, automobile manufacturers, and
    automobile dealers.
        (i) <<NOTE: 49 USC 30102 note.>>  Rule of Construction.--Nothing in
    this section or the amendments made by this section--
                (1) may be construed to create or increase any liability,
            including for loss of use, for a manufacturer as a result of
            having manufactured or imported a motor vehicle subject to a
            notification of defect or noncompliance under subsection (b) or
            (c) of section 30118 of title 49, United States Code; or
                (2) shall supersede or otherwise affect the contractual
            obligations, if any, between such a manufacturer and a rental
            company (as defined in section 30102(a) of title 49, United
            States Code).

        (j) <<NOTE: 49 USC 30102 note.>>  Rulemaking.--The Secretary may
    promulgate rules, as appropriate, to implement this section and the
    amendments made by this section.

    [[Page 129 STAT. 1709]]

        (k) <<NOTE: 49 USC 30102 note.>>  Effective Date.--The amendments
    made by this section shall take effect on the date that is 180 days
    after the date of enactment of this Act.
    SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF MOTOR
                                VEHICLE SAFETY.

        (a) Increase in Civil Penalties.--Section 30165(a) of title 49,
    United States Code, is amended--
                (1) in paragraph (1)--
                        (A) by striking ``$5,000'' and inserting
                    ``$21,000''; and
                        (B) by striking ``$35,000,000'' and inserting
                    ``$105,000,000''; and
                (2) in paragraph (3)--
                        (A) by striking ``$5,000'' and inserting
                    ``$21,000''; and
                        (B) by striking ``$35,000,000'' and inserting
                    ``$105,000,000''.

        (b) <<NOTE: 49 USC 30165 note.>>  Effective Date.--The amendments
    made by subsection (a) of this section take effect on the date that the
    Secretary certifies to Congress that the National Highway Traffic Safety
    Administration has issued the final rule required by section 31203(b) of
    the Moving Ahead for Progress In the 21st Century Act (Public Law 112-
    141; 126 Stat. 758; 49 U.S.C. 30165 note).

        (c) Publication of Effective Date.--The Secretary shall publish
    notice of the effective date under subsection (b) of this section in the
    Federal Register.
    SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES.

        Section 32705(g) of title 49, United States Code, is amended--
                (1) by inserting ``(1)'' before ``Not later than'' and
            indenting appropriately; and
                (2) by adding at the end the following:
                ``(2) Notwithstanding paragraph (1) and subject to paragraph
            (3), a State, without approval from the Secretary under
            subsection (d), may allow for written disclosures or notices and
            related matters to be provided electronically if--
                        ``(A) in compliance with--
                              ``(i) the requirements of subchapter 1 of
                          chapter 96 of title 15; or
                              ``(ii) the requirements of a State law under
                          section 7002(a) of title 15; and
                        ``(B) the disclosures or notices otherwise meet the
                    requirements under this section, including appropriate
                    authentication and security measures.
                ``(3) Paragraph (2) ceases to be effective on the date the
            regulations under paragraph (1) become effective.''.
    SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

        Section 30166(o) of title 49, United States Code, is amended--
                (1) in paragraph (1), by striking ``may'' and inserting
            ``shall''; and
                (2) by adding at the end the following:
                ``(3) Deadline.--Not later than 1 year after the date of
            enactment of the Comprehensive Transportation and Consumer
            Protection Act of 2015, the Secretary shall issue a final rule
            under paragraph (1).''.

    [[Page 129 STAT. 1710]]

    SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.

        (a) Recall Notification Report.--Not later than 1 year after the
    date of enactment of this Act, the Secretary shall issue a report on the
    feasibility of a technical system that would operate in each new motor
    vehicle to indicate when the vehicle is subject to an open recall.
        (b) Definition of Open Recall.--In this section the term ``open
    recall'' means a recall for which a notification by a manufacturer has
    been provided under section 30119 of title 49, United States Code, and
    that has not been remedied under section 30120 of that title.
    SEC. 24114. UNATTENDED CHILDREN WARNING.

        Section 31504(a) of the Moving Ahead for Progress in the 21st
    Century Act (49 U.S.C. 30111 note) is amended by striking ``may'' and
    inserting ``shall''.
    SEC. 24115. <<NOTE: 49 USC 30123 note.>>  TIRE PRESSURE MONITORING
                                SYSTEM.

        (a) Proposed Rule.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall publish a proposed rule
    that--
                (1) updates the standards pertaining to tire pressure
            monitoring systems to ensure that a tire pressure monitoring
            system that is installed in a new motor vehicle after the
            effective date of such updated standards cannot be overridden,
            reset, or recalibrated in such a way that the system will no
            longer detect when the inflation pressure in one or more of the
            vehicle's tires has fallen to or below a significantly
            underinflated pressure level; and
                (2) does not contain any provision that has the effect of
            prohibiting the availability of direct or indirect tire pressure
            monitoring systems that meet the requirements of the standards
            updated pursuant to paragraph (1).

        (b) Final Rule.--Not later than 2 years after the date of enactment
    of this Act, after providing the public with sufficient opportunity for
    notice and comment on the proposed rule published pursuant to subsection
    (a), the Secretary shall issue a final rule based on the proposed rule
    described in subsection (a) that--
                (1) allows a manufacturer to install a tire pressure
            monitoring system that can be reset or recalibrated to
            accommodate--
                        (A) the repositioning of tire sensor locations on
                    vehicles with split inflation pressure recommendations;
                        (B) tire rotation; or
                        (C) replacement tires or wheels of a different size
                    than the original equipment tires or wheels; and
                (2) to address the accommodations described in subparagraphs
            (A), (B), and (C) of paragraph (1), ensures that a tire pressure
            monitoring system that is reset or recalibrated according to the
            manufacturer's instructions would illuminate the low tire
            pressure warning telltale when a tire is significantly
            underinflated until the tire is no longer significantly
            underinflated.

        (c) Significantly Underinflated Pressure Level Defined.--In this
    section, the term ``significantly underinflated pressure level'' means a
    pressure level that is--

    [[Page 129 STAT. 1711]]

                (1) below the level at which the low tire pressure warning
            telltale must illuminate, consistent with the TPMS detection
            requirements contained in S4.2(a) of section 571.138 of title
            49, Code of Federal Regulations, or any corresponding similar or
            successor regulation or ruling (as determined by the Secretary);
            and
                (2) in the case of a replacement wheel or tire, below the
            recommended cold inflation pressure of the wheel or tire
            manufacturer.
    SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN RECALL.

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

          Subtitle B--Research And Development And Vehicle Electronics

    SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
                                ELECTRONICS, VEHICLE SOFTWARE, AND
                                EMERGING TECHNOLOGIES.

        Not later than 1 year after the date of enactment of this Act, the
    Secretary shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Energy and Commerce of
    the House of Representatives a report regarding the operations of the
    Council for Vehicle Electronics, Vehicle Software, and Emerging
    Technologies established under section 31401 of the Moving Ahead for
    Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall
    include information about the accomplishments of the Council, the role
    of the Council in integrating and aggregating electronic and emerging
    technologies expertise across the National Highway Traffic Safety
    Administration, the role of the Council in coordinating with other
    Federal agencies, and the priorities of the Council over the next 5
    years.
    SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.

        (a) Title 49 Amendment.--Section 30182(b) of title 49, United States
    Code, is amended--
                (1) in paragraph (4), by striking ``; and'' and inserting a
            semicolon;
                (2) in paragraph (5), by striking the period at the end and
            inserting ``; and''; and
                (3) by inserting after paragraph (5) the following:

    [[Page 129 STAT. 1712]]

                ``(6) in coordination with Department of State, enter into
            cooperative agreements and collaborative research and
            development agreements with foreign governments.''.

        (b) Title 23 Amendment.--Section 403 of title 23, United States
    Code, is amended--
                (1) in subsection (b)(2)(C), by inserting ``foreign
            government (in coordination with the Department of State)''
            after ``institution,''; and
                (2) in subsection (c)(1)(A), by inserting ``foreign
            governments,'' after ``local governments,''.

        (c) Audit.--The Department of Transportation Inspector General shall
    conduct an audit of the Secretary of Transportation's management and
    oversight of cooperative agreements and collaborative research and
    development agreements, including any cooperative agreements between the
    Secretary of Transportation and foreign governments under section
    30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C)
    and (c)(1)(A) of title 23, United States Code.

                      Subtitle C--Miscellaneous Provisions

      PART I-- <<NOTE: Driver Privacy Act of 2015.>> DRIVER PRIVACY ACT OF
    2015
    SEC. 24301. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

        This part may be cited as the ``Driver Privacy Act of 2015''.
    SEC. 24302. <<NOTE: 49 USC 30101 note.>> LIMITATIONS ON DATA
                                RETRIEVAL FROM VEHICLE EVENT DATA
                                RECORDERS.

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

    [[Page 129 STAT. 1713]]

                (4) the data is retrieved for the purpose of determining the
            need for, or facilitating, emergency medical response in
            response to a motor vehicle crash; or
                (5) the data is retrieved for traffic safety research, and
            the personally identifiable information of an owner or a lessee
            of the vehicle and the vehicle identification number is not
            disclosed in connection with the retrieved data.
    SEC. 24303. <<NOTE: 49 USC 30101 note.>> VEHICLE EVENT DATA
                                RECORDER STUDY.

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

           PART II-- <<NOTE: Safety Through Informed Consumers Act of
    2015.>> SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
    SEC. 24321. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

        This part may be cited as the ``Safety Through Informed Consumers
    Act of 2015''.
    SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.

        Section 32302 of title 49, United States Code, is amended by
    inserting after subsection (b) the following:
        ``(c) Crash Avoidance.--Not later than 1 year after the date of
    enactment of the Safety Through Informed Consumers Act of 2015, the
    Secretary shall promulgate a rule to ensure that crash avoidance
    information is indicated next to crashworthiness information on stickers
    placed on motor vehicles by their manufacturers.''.

      PART III-- <<NOTE: Tire Efficiency, Safety, and Registration Act of
    2015.>> TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
    SEC. 24331. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

        This part may be cited as the ``Tire Efficiency, Safety, and
    Registration Act of 2015'' or the ``TESR Act''.
    SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.

        Section 32304A of title 49, United States Code, is amended--
                (1) in the section heading, by inserting ``AND STANDARDS''
            after ``CONSUMER TIRE INFORMATION'';
                (2) in subsection (a)--

    [[Page 129 STAT. 1714]]

                        (A) in the heading, by striking ``Rulemaking'' and
                    inserting ``Consumer Tire Information''; and
                        (B) in paragraph (1), by inserting ``(referred to in
                    this section as the `Secretary')'' after ``Secretary of
                    Transportation'';
                (3) by redesignating subsections (b) through (e) as
            subsections (e) though (h), respectively; and
                (4) by inserting after subsection (a) the following:

        ``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum
    Performance Standards.--
                ``(1) In general.--The Secretary, after consultation with
            the Secretary of Energy and the Administrator of the
            Environmental Protection Agency, shall promulgate regulations
            for tire fuel efficiency minimum performance standards for--
                        ``(A) passenger car tires with a maximum speed
                    capability equal to or less than 149 miles per hour or
                    240 kilometers per hour; and
                        ``(B) passenger car tires with a maximum speed
                    capability greater than 149 miles per hour or 240
                    kilometers per hour.
                ``(2) Tire fuel efficiency minimum performance standards.--
                        ``(A) Standard basis and test procedures.--The
                    minimum performance standards promulgated under
                    paragraph (1) shall be expressed in terms of the rolling
                    resistance coefficient measured using the test procedure
                    specified in section 575.106 of title 49, Code of
                    Federal Regulations (as in effect on the date of
                    enactment of this Act).
                        ``(B) No disparate effect on high performance
                    tires.--The Secretary shall ensure that the minimum
                    performance standards promulgated under paragraph (1)
                    will not have a disproportionate effect on passenger car
                    high performance tires with a maximum speed capability
                    greater than 149 miles per hour or 240 kilometers per
                    hour.
                        ``(C) Applicability.--
                              ``(i) In general.--This subsection applies to
                          new pneumatic tires for use on passenger cars.
                              ``(ii) Exceptions.--This subsection does not
                          apply to light truck tires, deep tread tires,
                          winter-type snow tires, space-saver or temporary
                          use spare tires, or tires with nominal rim
                          diameters of 12 inches or less.

        ``(c) Promulgation of Regulations for Tire Wet Traction Minimum
    Performance Standards.--
                ``(1) In general.--The Secretary shall promulgate
            regulations for tire wet traction minimum performance standards
            to ensure that passenger tire wet traction capability is not
            reduced to achieve improved tire fuel efficiency.
                ``(2) Tire wet traction minimum performance standards.--
                        ``(A) Basis of standard.--The minimum performance
                    standards promulgated under paragraph (1) shall be
                    expressed in terms of peak coefficient of friction.
                        ``(B) Test procedures.--Any test procedure
                    promulgated under this subsection shall be consistent
                    with any test procedure promulgated under subsection
                    (a).

    [[Page 129 STAT. 1715]]

                        ``(C) Benchmarking.--The Secretary shall conduct
                    testing to benchmark the wet traction performance of
                    tire models available for sale in the United States as
                    of the date of enactment of this Act to ensure that the
                    minimum performance standards promulgated under
                    paragraph (1) are tailored to--
                              ``(i) tires sold in the United States; and
                              ``(ii) the needs of consumers in the United
                          States.
                        ``(D) Applicability.--
                              ``(i) In general.--This subsection applies to
                          new pneumatic tires for use on passenger cars.
                              ``(ii) Exceptions.--This subsection does not
                          apply to light truck tires, deep tread tires,
                          winter-type snow tires, space-saver or temporary
                          use spare tires, or tires with nominal rim
                          diameters of 12 inches or less.

        ``(d) Coordination Among Regulations.--
                ``(1) Compatibility.--The Secretary shall ensure that the
            test procedures and requirements promulgated under subsections
            (a), (b), and (c) are compatible and consistent.
                ``(2) Combined effect of rules.--The Secretary shall
            evaluate the regulations promulgated under subsections (b) and
            (c) to ensure that compliance with the minimum performance
            standards promulgated under subsection (b) will not diminish wet
            traction performance of affected tires.
                ``(3) Rulemaking deadlines.--The Secretary shall
            promulgate--
                        ``(A) the regulations under subsections (b) and (c)
                    not later than 24 months after the date of enactment of
                    this Act; and
                        ``(B) the regulations under subsection (c) not later
                    than the date of promulgation of the regulations under
                    subsection (b).''.
    SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.

        Paragraph (3) of section 30117(b) of title 49, United States Code,
    is amended to read as follows:
                ``(3) Rulemaking.--
                        ``(A) In general.--The Secretary shall initiate a
                    rulemaking to require a distributor or dealer of tires
                    that is not owned or controlled by a manufacturer of
                    tires to maintain records of--
                              ``(i) the name and address of tire purchasers
                          and lessors;
                              ``(ii) information identifying the tire that
                          was purchased or leased; and
                              ``(iii) any additional records the Secretary
                          considers appropriate.
                        ``(B) Electronic transmission.--The rulemaking
                    carried out under subparagraph (A) shall require a
                    distributor or dealer of tires that is not owned or
                    controlled by a manufacturer of tires to electronically
                    transmit the records described in clauses (i), (ii), and
                    (iii) of subparagraph (A) to the manufacturer of the
                    tires or the designee of the manufacturer by secure
                    means at no cost to tire purchasers or lessors.

    [[Page 129 STAT. 1716]]

                        ``(C) Satisfaction of requirements.--A regulation
                    promulgated under subparagraph (A) may be considered to
                    satisfy the requirements of paragraph (2)(B).''.
    SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT.

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

        (b) Report.--The Secretary shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Energy and Commerce of the House of Representatives a report on the
    results of the study required by paragraph (1).
    SEC. 24335. <<NOTE: 49 USC 30119 note.>> TIRE RECALL DATABASE.

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

                       PART IV--ALTERNATIVE FUEL VEHICLES

    SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES.

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

    PART V-- <<NOTE: Motor Vehicle Safety Whistleblower Act.>> MOTOR VEHICLE
    SAFETY WHISTLEBLOWER ACT
    SEC. 24351. <<NOTE: 49 USC 30101 note.>> SHORT TITLE.

        This part may be cited as the ``Motor Vehicle Safety Whistleblower
    Act''.
    SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND
                                PROTECTIONS.

        (a) In General.--Subchapter IV of chapter 301 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 30172. <<NOTE: 49 USC 30172 note.>> Whistleblower
                        incentives and protections

        ``(a) Definitions.--In this section:
                ``(1) Covered action.--The term `covered action' means any
            administrative or judicial action, including any related
            administrative or judicial action, brought by the Secretary or
            the Attorney General under this chapter that in the aggregate
            results in monetary sanctions exceeding $1,000,000.

    [[Page 129 STAT. 1717]]

                ``(2) Monetary sanctions.--The term `monetary sanctions'
            means monies, including penalties and interest, ordered or
            agreed to be paid.
                ``(3) Original information.--The term `original information'
            means information that--
                        ``(A) is derived from the independent knowledge or
                    analysis of an individual;
                        ``(B) is not known to the Secretary from any other
                    source, unless the individual is the original source of
                    the information; and
                        ``(C) is not exclusively derived from an allegation
                    made in a judicial or an administrative action, in a
                    governmental report, a hearing, an audit, or an
                    investigation, or from the news media, unless the
                    individual is a source of the information.
                ``(4) Part supplier.--The term `part supplier' means a
            manufacturer of motor vehicle equipment.
                ``(5) Successful resolution.--The term `successful
            resolution', with respect to a covered action, includes any
            settlement or adjudication of the covered action.
                ``(6) Whistleblower.--The term `whistleblower' means any
            employee or contractor of a motor vehicle manufacturer, part
            supplier, or dealership who voluntarily provides to the
            Secretary original information relating to any motor vehicle
            defect, noncompliance, or any violation or alleged violation of
            any notification or reporting requirement of this chapter, which
            is likely to cause unreasonable risk of death or serious
            physical injury.

        ``(b) Awards.--
                ``(1) In general.--If the original information that a
            whistleblower provided to the Secretary leads to the successful
            resolution of a covered action, the Secretary, subject to
            subsection (c), may pay an award or awards to one or more
            whistleblowers in an aggregate amount of--
                        ``(A) not less than 10 percent, in total, of
                    collected monetary sanctions; and
                        ``(B) not more than 30 percent, in total, of
                    collected monetary sanctions.
                ``(2) Payment of awards.--Any amount payable under paragraph
            (1) shall be paid from the monetary sanctions collected, and any
            monetary sanctions so collected shall be available for such
            payment.

        ``(c) Determination of Awards; Denial of Awards.--
                ``(1) Determination of awards.--
                        ``(A) Discretion.--The determination of whether, to
                    whom, or in what amount to make an award shall be in the
                    discretion of the Secretary subject to the provisions in
                    subsection (b)(1).
                        ``(B) Criteria.--In determining an award made under
                    subsection (b), the Secretary shall take into
                    consideration--
                              ``(i) if appropriate, whether a whistleblower
                          reported or attempted to report the information
                          internally to an applicable motor vehicle
                          manufacturer, part supplier, or dealership;
                              ``(ii) the significance of the original
                          information provided by the whistleblower to the
                          successful resolution of the covered action;

    [[Page 129 STAT. 1718]]

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

        ``(d) Representation.--A whistleblower may be represented by
    counsel.
        ``(e) No Contract Necessary.--No contract with the Secretary is
    necessary for any whistleblower to receive an award under subsection
    (b).
        ``(f) Protection of Whistleblowers; Confidentiality.--
                ``(1) In general.--Notwithstanding section 30167, and except
            as provided in paragraphs (4) and (5) of this subsection, the
            Secretary, and any officer or employee of the Department of
            Transportation, shall not disclose any information, including
            information provided by a whistleblower to the Secretary, which
            could reasonably be expected to reveal the identity of a
            whistleblower, except in accordance with the provisions of
            section 552a of title 5, unless--
                        ``(A) required to be disclosed to a defendant or
                    respondent in connection with a public proceeding

    [[Page 129 STAT. 1719]]

                    instituted by the Secretary or any entity described in
                    paragraph (5);
                        ``(B) the whistleblower provides prior written
                    consent for the information to be disclosed; or
                        ``(C) the Secretary, or other officer or employee of
                    the Department of Transportation, receives the
                    information through another source, such as during an
                    inspection or investigation under section 30166, and has
                    authority under other law to release the information.
                ``(2) Redaction.--The Secretary, and any officer or employee
            of the Department of Transportation, shall take reasonable
            measures to not reveal the identity of the whistleblower when
            disclosing any information under paragraph (1).
                ``(3) Section 552(b)(3)(b).--For purposes of section 552 of
            title 5, paragraph (1) of this subsection shall be considered a
            statute described in subsection (b)(3)(B) of that section.
                ``(4) Effect.--Nothing in this subsection is intended to
            limit the ability of the Attorney General to present such
            evidence to a grand jury or to share such evidence with
            potential witnesses or defendants in the course of an ongoing
            criminal investigation.
                ``(5) Availability to government agencies.--
                        ``(A) In general.--Without the loss of its status as
                    confidential in the hands of the Secretary, all
                    information referred to in paragraph (1) may, in the
                    discretion of the Secretary, when determined by the
                    Secretary to be necessary or appropriate to accomplish
                    the purposes of this chapter and in accordance with
                    subparagraph (B), be made available to the following:
                              ``(i) The Department of Justice.
                              ``(ii) An appropriate department or agency of
                          the Federal Government, acting within the scope of
                          its jurisdiction.
                        ``(B) Maintenance of information.--Each entity
                    described in subparagraph (A) shall maintain information
                    described in that subparagraph as confidential, in
                    accordance with the requirements in paragraph (1).

        ``(g) Provision of False Information.--A whistleblower who knowingly
    and intentionally makes any false, fictitious, or fraudulent statement
    or representation, or who makes or uses any false writing or document
    knowing the same to contain any false, fictitious, or fraudulent
    statement or entry, shall not be entitled to an award under this section
    and shall be subject to prosecution under section 1001 of title 18.
        ``(h) Appeals.--
                ``(1) In general.--Any determination made under this
            section, including whether, to whom, or in what amount to make
            an award, shall be in the discretion of the Secretary.
                ``(2) Appeals.--Any determination made by the Secretary
            under this section may be appealed by a whistleblower to the
            appropriate court of appeals of the United States not later than
            30 days after the determination is issued by the Secretary.
                ``(3) Review.--The court shall review the determination made
            by the Secretary in accordance with section 706 of title 5.

    [[Page 129 STAT. 1720]]

        ``(i) Regulation.--Not later than 18 months after the date of
    enactment of this section, the Secretary shall promulgate regulations on
    the requirements of this section, consistent with this section.''.
        (b) <<NOTE: 49 USC 30172 note.>> Rule of Construction.--
                (1) Original information.--Information submitted to the
            Secretary of Transportation by a whistleblower in accordance
            with the requirements of section 30172 of title 49, United
            States Code, shall not lose its status as original information
            solely because the whistleblower submitted the information prior
            to the effective date of the regulations issued under subsection
            (i) of that section if that information was submitted after the
            date of enactment of this Act.
                (2) Awards.--A whistleblower may receive an award under
            section 30172 of title 49, United States Code, regardless of
            whether the violation underlying the covered action occurred
            prior to the date of enactment of this Act, and may receive an
            award prior to the Secretary of Transportation promulgating the
            regulations under subsection (i) of that section.

        (c) Conforming Amendments.--The table of contents of subchapter IV
    of chapter 301 of title 49, United States Code, <<NOTE: 49 USC prec.
    30101.>> is amended by adding at the end the following:

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

                 Subtitle D--Additional Motor Vehicle Provisions

    SEC. 24401. <<NOTE: 49 USC 105 note.>> REQUIRED REPORTING OF NHTSA
                                AGENDA.

        Not later than December 1 of the year beginning after the date of
    enactment of this Act, and each year thereafter, the Administrator of
    the National Highway Traffic Safety Administration shall publish on the
    public website of the Administration, and file with the Committees on
    Energy and Commerce and Transportation and Infrastructure of the House
    of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate an annual plan for the following calendar
    year detailing the Administration's projected activities, including--
                (1) the Administrator's policy priorities;
                (2) any rulemakings projected to be commenced;
                (3) any plans to develop guidelines;
                (4) any plans to restructure the Administration or to
            establish or alter working groups;
                (5) any planned projects or initiatives of the
            Administration, including the working groups and advisory
            committees of the Administration; and
                (6) any projected dates or timetables associated with any of
            the items described in paragraphs (1) through (5).
    SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.

        Section 30120(g)(1) of title 49, United States Code, is amended by
    striking ``10 calendar years'' and inserting ``15 calendar years''.
    SEC. 24403. <<NOTE: 49 USC 30117 note.>> RETENTION OF SAFETY
                                RECORDS BY MANUFACTURERS.

        (a) Rule.--Not later than 18 months after the date of enactment of
    this Act, the Secretary of Transportation shall issue a

    [[Page 129 STAT. 1721]]

    final rule pursuant to section 30117 of title 49, United States Code,
    requiring each manufacturer of motor vehicles or motor vehicle equipment
    to retain all motor vehicle safety records required to be maintained by
    manufacturers under section 576.6 of title 49, Code of Federal
    Regulations, for a period of not less than 10 calendar years from the
    date on which they were generated or acquired by the manufacturer.
        (b) Application.--The rule required by subsection (a) shall apply
    with respect to any record described in such subsection that is in the
    possession of a manufacturer on the effective date of such rule.
    SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO
                                NONCOMPLYING MOTOR VEHICLES TO
                                VEHICLES USED FOR TESTING OR
                                EVALUATION.

        Section 30112(b) of title 49, United States Code, is amended--
                (1) in paragraph (8), by striking ``; or'' and inserting a
            semicolon;
                (2) in paragraph (9), by striking the period at the end and
            inserting ``; or''; and
                (3) by adding at the end the following new paragraph:
                ``(10) the introduction of a motor vehicle in interstate
            commerce solely for purposes of testing or evaluation by a
            manufacturer that agrees not to sell or offer for sale the motor
            vehicle at the conclusion of the testing or evaluation and that
            prior to the date of enactment of this paragraph--
                        ``(A) has manufactured and distributed motor
                    vehicles into the United States that are certified to
                    comply with all applicable Federal motor vehicle safety
                    standards;
                        ``(B) has submitted to the Secretary appropriate
                    manufacturer identification information under part 566
                    of title 49, Code of Federal Regulations; and
                        ``(C) if applicable, has identified an agent for
                    service of process in accordance with part 551 of such
                    title.''.
    SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.

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

        ``(b) Exemption for Low-volume Manufacturers.--
                ``(1) In general.--The Secretary shall--
                        ``(A) exempt from section 30112(a) of this title not
                    more than 325 replica motor vehicles per year that are
                    manufactured or imported by a low-volume manufacturer;
                    and
                        ``(B) except as provided in paragraph (4) of this
                    subsection, limit any such exemption to the Federal
                    Motor Vehicle Safety Standards applicable to motor
                    vehicles and not motor vehicle equipment.
                ``(2) Registration requirement.--To qualify for an exemption
            under paragraph (1), a low-volume manufacturer shall register
            with the Secretary at such time, in such manner, and under such
            terms that the Secretary determines appropriate. The Secretary
            shall establish terms that ensure that no person may register as
            a low-volume manufacturer if the

    [[Page 129 STAT. 1722]]

            person is registered as an importer under section 30141 of this
            title.
                ``(3) Permanent label requirement.--
                        ``(A) In general.--The Secretary shall require a
                    low-volume manufacturer to affix a permanent label to a
                    motor vehicle exempted under paragraph (1) that
                    identifies the specified standards and regulations for
                    which such vehicle is exempt from section 30112(a),
                    states that the vehicle is a replica, and designates the
                    model year such vehicle replicates.
                        ``(B) Written notice.--The Secretary may require a
                    low-volume manufacturer of a motor vehicle exempted
                    under paragraph (1) to deliver written notice of the
                    exemption to--
                              ``(i) the dealer; and
                              ``(ii) the first purchaser of the motor
                          vehicle, if the first purchaser is not an
                          individual that purchases the motor vehicle for
                          resale.
                        ``(C) Reporting requirement.--A low-volume
                    manufacturer shall annually submit a report to the
                    Secretary including the number and description of the
                    motor vehicles exempted under paragraph (1) and a list
                    of the exemptions described on the label affixed under
                    subparagraph (A).
                ``(4) Effect on other provisions.--Any motor vehicle
            exempted under this subsection shall also be exempted from
            sections 32304, 32502, and 32902 of this title and from section
            3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).
                ``(5) Limitation and public notice.--The Secretary shall
            have 90 days to review and approve or deny a registration
            submitted under paragraph (2). If the Secretary determines that
            any such registration submitted is incomplete, the Secretary
            shall have an additional 30 days for review. Any registration
            not approved or denied within 90 days after initial submission,
            or 120 days if the registration submitted is incomplete, shall
            be deemed approved. The Secretary shall have the authority to
            revoke an existing registration based on a failure to comply
            with requirements set forth in this subsection or a finding by
            the Secretary of a safety-related defect or unlawful conduct
            under this chapter that poses a significant safety risk. The
            registrant shall be provided a reasonable opportunity to correct
            all deficiencies, if such are correctable based on the sole
            discretion of the Secretary. An exemption granted by the
            Secretary to a low-volume manufacturer under this subsection may
            not be transferred to any other person, and shall expire at the
            end of the calendar year for which it was granted with respect
            to any volume authorized by the exemption that was not applied
            by the low-volume manufacturer to vehicles built during that
            calendar year. The Secretary shall maintain an up-to-date list
            of registrants and a list of the make and model of motor
            vehicles exempted under paragraph (1) on at least an annual
            basis and publish such list in the Federal Register or on a
            website operated by the Secretary.
                ``(6) Limitation of liability for original manufacturers,
            licensors or owners of product configuration, trade dress, or
            design patents.--The original manufacturer, its successor or
            assignee, or current owner, who grants a license

    [[Page 129 STAT. 1723]]

            or otherwise transfers rights to a low-volume manufacturer shall
            incur no liability to any person or entity under Federal or
            State statute, regulation, local ordinance, or under any Federal
            or State common law for such license or assignment to a low-
            volume manufacturer.
                ``(7) Definitions.--In this subsection:
                        ``(A) Low-volume manufacturer.--The term `low-volume
                    manufacturer' means a motor vehicle manufacturer, other
                    than a person who is registered as an importer under
                    section 30141 of this title, whose annual worldwide
                    production, including by a parent or subsidiary of the
                    manufacturer, if applicable, is not more than 5,000
                    motor vehicles.
                        ``(B) Replica motor vehicle.--The term `replica
                    motor vehicle' means a motor vehicle produced by a low-
                    volume manufacturer and that--
                              ``(i) is intended to resemble the body of
                          another motor vehicle that was manufactured not
                          less than 25 years before the manufacture of the
                          replica motor vehicle; and
                              ``(ii) is manufactured under a license for the
                          product configuration, trade dress, trademark, or
                          patent, for the motor vehicle that is intended to
                          be replicated from the original manufacturer, its
                          successors or assignees, or current owner of such
                          product configuration, trade dress, trademark, or
                          patent rights.
                ``(8) Construction.--Except as provided in paragraphs (1)
            and (4), a registrant shall be considered a motor vehicle
            manufacturer for purposes of parts A and C of subtitle VI of
            this title. Nothing shall be construed to exempt a registrant
            from complying with the requirements under sections 30116
            through 30120A of this title if the motor vehicle excepted under
            paragraph (1) contains a defect related to motor vehicle safety.
                ``(9) State registration.--Nothing in this subsection shall
            be construed to preempt, affect, or supersede any State titling
            or registration law or regulation for a replica motor vehicle,
            or exempt a person from complying with such law or
            regulation.''.

        (b) Vehicle Emission Compliance Standards for Low-volume Motor
    Vehicle Manufacturers.--Section 206(a) of the Clean Air Act (42 U.S.C.
    7525(a)) is amended by adding at the end the following new paragraph:
                ``(5)(A) A motor vehicle engine (including all engine
            emission controls) may be installed in an exempted specially
            produced motor vehicle if the motor vehicle engine is from a
            motor vehicle that is covered by a certificate of conformity
            issued by the Administrator for the model year in which the
            exempted specially produced motor vehicle is produced, or the
            motor vehicle engine is covered by an Executive order subject to
            regulations promulgated by the California Air Resources Board
            for the model year in which the exempted specially produced
            motor vehicle is produced, and--
                              ``(i) the manufacturer of the engine supplies
                          written instructions to the Administrator and the
                          manufacturer of the exempted specially produced
                          motor vehicle explaining how to install the engine
                          and maintain functionality of the engine's
                          emission control system

    [[Page 129 STAT. 1724]]

                          and the on-board diagnostic system (commonly known
                          as `OBD'), except with respect to evaporative
                          emissions;
                              ``(ii) the manufacturer of the exempted
                          specially produced motor vehicle installs the
                          engine in accordance with such instructions and
                          certifies such installation in accordance with
                          subparagraph (E);
                              ``(iii) the installation instructions include
                          emission control warranty information from the
                          engine manufacturer in compliance with section
                          207, including where warranty repairs can be made,
                          emission control labels to be affixed to the
                          vehicle, and the certificate of conformity number
                          for the applicable vehicle in which the engine was
                          originally intended or the applicable Executive
                          order number for the engine; and
                              ``(iv) the manufacturer of the exempted
                          specially produced motor vehicle does not produce
                          more than 325 such vehicles in the calendar year
                          in which the vehicle is produced.
                        ``(B) A motor vehicle containing an engine compliant
                    with the requirements of subparagraph (A) shall be
                    treated as meeting the requirements of section 202
                    applicable to new vehicles produced or imported in the
                    model year in which the exempted specially produced
                    motor vehicle is produced or imported.
                        ``(C) Engine installations that are not performed in
                    accordance with installation instructions provided by
                    the manufacturer and alterations to the engine not in
                    accordance with the installation instructions shall--
                              ``(i) be treated as prohibited acts by the
                          installer under section 203 and any applicable
                          regulations; and
                              ``(ii) subject to civil penalties under
                          section 205(a), civil actions under section
                          205(b), and administrative assessment of penalties
                          under section 205(c).
                        ``(D) The manufacturer of an exempted specially
                    produced motor vehicle that has an engine compliant with
                    the requirements of subparagraph (A) shall provide to
                    the purchaser of such vehicle all information received
                    by the manufacturer from the engine manufacturer,
                    including information regarding emissions warranties
                    from the engine manufacturer and all emissions-related
                    recalls by the engine manufacturer.
                        ``(E) To qualify to install an engine under this
                    paragraph, and sell, offer for sale, introduce into
                    commerce, deliver for introduction into commerce or
                    import an exempted specially produced motor vehicle, a
                    manufacturer of exempted specially produced motor
                    vehicles shall register with the Administrator at such
                    time and in such manner as the Administrator determines
                    appropriate. The manufacturer shall submit an annual
                    report to the Administrator that includes--
                              ``(i) a description of the exempted specially
                          produced motor vehicles and engines installed in
                          such vehicles;
                              ``(ii) the certificate of conformity number
                          issued to the motor vehicle in which the engine
                          was originally intended or the applicable
                          Executive order number for the engine; and

    [[Page 129 STAT. 1725]]

                              ``(iii) a certification that it produced all
                          exempted specially produced motor vehicles
                          according to the written instructions from the
                          engine manufacturer, and otherwise that the engine
                          conforms in all material respects to the
                          description in the application for the applicable
                          certificate of conformity or Executive order.
                        ``(F) Exempted specially produced motor vehicles
                    compliant with this paragraph shall be exempted from--
                              ``(i) motor vehicle certification testing
                          under this section; and
                              ``(ii) vehicle emission control inspection and
                          maintenance programs required under section 110.
                        ``(G)(i) Except as provided in subparagraphs (A)
                    through (F), a person engaged in the manufacturing or
                    assembling of exempted specially produced motor vehicles
                    shall be considered a manufacturer for purposes of this
                    Act.
                        ``(ii) Nothing in this paragraph shall be construed
                    to exempt any person from the prohibitions in section
                    203(a)(3) or the requirements in sections 208, 206(c),
                    or 202(m)(5).
                        ``(H) In this paragraph:
                              ``(i) The term `exempted specially produced
                          motor vehicle' means a light-duty vehicle or
                          light-duty truck produced by a low-volume
                          manufacturer and that--
                                        ``(I) is intended to resemble the
                                    body of another motor vehicle that was
                                    manufactured not less than 25 years
                                    before the manufacture of the exempted
                                    specially produced motor vehicle; and
                                        ``(II) is manufactured under a
                                    license for the product configuration,
                                    trade dress, trademark, or patent, for
                                    the motor vehicle that is intended to be
                                    replicated from the original
                                    manufacturer, its successors or
                                    assignees, or current owner of such
                                    product configuration, trade dress,
                                    trademark, or patent rights.
                              ``(ii) The term `low-volume manufacturer'
                          means a motor vehicle manufacturer, other than a
                          person who is registered as an importer under
                          section 30141 of title 49, United States Code,
                          whose annual worldwide production, including by a
                          parent or subsidiary of the manufacturer, if
                          applicable, is not more than 5,000 motor
                          vehicles.''.

        (c) <<NOTE: 42 USC 7525 note.>> Implementation.--Not later than 12
    months after the date of enactment of this Act, the Secretary of
    Transportation and the Administrator of the Environmental Protection
    Agency shall issue such regulations as may be necessary to implement the
    amendments made by subsections (a) and (b), respectively.
    SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.

        Section 30111 of title 49, United States Code, is amended by adding
    at the end the following new subsection:
        ``(f) Motor Vehicle Safety Guidelines.--
                ``(1) In general.--No guidelines issued by the Secretary
            with respect to motor vehicle safety shall confer any rights on
            any person, State, or locality, nor shall operate to bind the
            Secretary or any person to the approach recommended

    [[Page 129 STAT. 1726]]

            in such guidelines. In any enforcement action with respect to
            motor vehicle safety, the Secretary shall allege a violation of
            a provision of this subtitle, a motor vehicle safety standard
            issued under this subtitle, or another relevant statute or
            regulation. The Secretary may not base an enforcement action on,
            or execute a consent order based on, practices that are alleged
            to be inconsistent with any such guidelines, unless the
            practices allegedly violate a provision of this subtitle, a
            motor vehicle safety standard issued under this subtitle, or
            another relevant statute or regulation.
                ``(2) Rule of construction.--Nothing in this subsection
            shall be construed to confer any authority upon or negate any
            authority of the Secretary to issue guidelines under this
            chapter.''.
    SEC. 24407. <<NOTE: 49 USC 30127 note.>> IMPROVEMENT OF DATA
                                COLLECTION ON CHILD OCCUPANTS IN
                                VEHICLE CRASHES.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary shall revise the crash investigation data
    collection system of the National Highway Traffic Safety Administration
    to include the collection of the following data in connection with
    vehicle crashes whenever a child restraint system was in use in a
    vehicle involved in a crash:
                (1) The type or types of child restraint systems in use
            during the crash in any vehicle involved in the crash, including
            whether a five-point harness or belt-positioning booster.
                (2) If a five-point harness child restraint system was in
            use during the crash, whether the child restraint system was
            forward-facing or rear-facing in the vehicle concerned.

        (b) Consultation.--In implementing subsection (a), the Secretary
    shall work with law enforcement officials, safety advocates, the medical
    community, and research organizations to improve the recordation of data
    described in subsection (a) in police and other applicable incident
    reports.
        (c) Report.--Not later than 3 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on Energy
    and Commerce of the House of Representatives a report on child occupant
    crash data collection in the crash investigation data collection system
    of the National Highway Traffic Safety Administration pursuant to the
    revision required by subsection (a).

                               DIVISION C--FINANCE

                TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES

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

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

        (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
    of 1986 <<NOTE: 26 USC 9503.>> is amended--

    [[Page 129 STAT. 1727]]

                (1) by striking ``December 5, 2015'' in subsections
            (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2020'',
            and
                (2) by striking ``Surface Transportation Extension Act of
            2015, Part II'' in subsections (c)(1) and (e)(3) and inserting
            ``FAST Act''.

        (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
    such Code <<NOTE: 26 USC 9504.>>  is amended--
                (1) by striking ``Surface Transportation Extension Act of
            2015, Part II'' each place it appears in subsection (b)(2) and
            inserting ``FAST Act'', and
                (2) by striking ``December 5, 2015'' in subsection (d)(2)
            and inserting ``October 1, 2020''.

        (c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2)
    of such Code <<NOTE: 26 USC 9508.>>  is amended by striking ``December
    5, 2015'' and inserting ``October 1, 2020''.
    SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.

        (a) In General.--
                (1) Each of the following provisions of the Internal Revenue
            Code of 1986 is amended by striking ``September 30, 2016'' and
            inserting ``September 30, 2022'':
                        (A) <<NOTE: 26 USC 4041.>> Section
                    4041(a)(1)(C)(iii)(I).
                        (B) Section 4041(m)(1)(B).
                        (C) <<NOTE: 26 USC 4081.>> Section 4081(d)(1).
                (2) Each of the following provisions of such Code is amended
            by striking ``October 1, 2016'' and inserting ``October 1,
            2022'':
                        (A) Section 4041(m)(1)(A).
                        (B) <<NOTE: 26 USC 4051.>> Section 4051(c).
                        (C) <<NOTE: 26 USC 4071.>> Section 4071(d).
                        (D) Section 4081(d)(3).

        (b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles.--Each
    of the following provisions of the Internal Revenue Code of 1986 is
    amended by striking ``2017'' each place it appears and inserting
    ``2023'':
                (1) <<NOTE: 26 USC 4481.>> Section 4481(f).
                (2) <<NOTE: 26 USC 4482.>> Subsections (c)(4) and (d) of
            section 4482.

        (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
    Revenue Code of 1986 <<NOTE: 26 USC 6412.>> is amended--
                (1) by striking ``October 1, 2016'' each place it appears
            and inserting ``October 1, 2022'';
                (2) by striking ``March 31, 2017'' each place it appears and
            inserting ``March 31, 2023''; and
                (3) by striking ``January 1, 2017'' and inserting ``January
            1, 2023''.

        (d) Extension of Certain Exemptions.--
                (1) <<NOTE: 26 USC 4221.>> Section 4221(a) of the Internal
            Revenue Code of 1986 is amended by striking ``October 1, 2016''
            and inserting ``October 1, 2022''.
                (2) Section 4483(i) of such Code <<NOTE: 26 USC 4483.>>  is
            amended by striking ``October 1, 2017'' and inserting ``October
            1, 2023''.

        (e) Extension of Transfers of Certain Taxes.--
                (1) In general.--Section 9503 of the Internal Revenue Code
            of 1986 <<NOTE: 26 USC 9503.>> is amended--
                        (A) in subsection (b)--
                              (i) by striking ``October 1, 2016'' each place
                          it appears in paragraphs (1) and (2) and inserting
                          ``October 1, 2022'';

    [[Page 129 STAT. 1728]]

                              (ii) by striking ``October 1, 2016'' in the
                          heading of paragraph (2) and inserting ``October
                          1, 2022'';
                              (iii) by striking ``September 30, 2016'' in
                          paragraph (2) and inserting ``September 30,
                          2022''; and
                              (iv) by striking ``July 1, 2017'' in paragraph
                          (2) and inserting ``July 1, 2023''; and
                        (B) in subsection (c)(2), by striking ``July 1,
                    2017'' and inserting ``July 1, 2023''.
                (2) Motorboat and small-engine fuel tax transfers.--
                        (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
                    section 9503(c) of such Code <<NOTE: 26 USC 9503.>> are
                    each amended by striking ``October 1, 2016'' and
                    inserting ``October 1, 2022''.
                        (B) Conforming amendments to land and water
                    conservation fund.--Section 200310 of title 54, United
                    States Code, <<NOTE: 54 USC 200310.>> is amended--
                              (i) by striking ``October 1, 2017'' each place
                          it appears and inserting ``October 1, 2023''; and
                              (ii) by striking ``October 1, 2016'' and
                          inserting ``October 1, 2022''.

        (f) <<NOTE: 26 USC 4041 note.>> Effective Date.--The amendments made
    by this section shall take effect on October 1, 2016.

             Subtitle B--Additional Transfers to Highway Trust Fund

    SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.

        Subsection (f) of section 9503 of the Internal Revenue Code of 1986
    is amended by redesignating paragraph (8) as paragraph (10) and
    inserting after paragraph (7) the following new paragraphs:
                ``(8) Further transfers to trust fund.--Out of money in the
            Treasury not otherwise appropriated, there is hereby
            appropriated--
                        ``(A) $51,900,000,000 to the Highway Account (as
                    defined in subsection (e)(5)(B)) in the Highway Trust
                    Fund; and
                        ``(B) $18,100,000,000 to the Mass Transit Account in
                    the Highway Trust Fund.
                ``(9) Additional increase in fund balance.--There is hereby
            transferred to the Highway Account (as defined in subsection
            (e)(5)(B)) in the Highway Trust Fund amounts appropriated from
            the Leaking Underground Storage Tank Trust Fund under section
            9508(c)(4).''.
    SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR
                                VEHICLE SAFETY PENALTIES.

        (a) In General.--Paragraph (5) of section 9503(b) of the Internal
    Revenue Code of 1986 is amended--
                (1) by striking ``There are hereby'' and inserting the
            following:
                        ``(A) In general.--There are hereby'', and
                (2) by adding at the end the following new paragraph:
                        ``(B) Penalties related to motor vehicle safety.--
                              ``(i) In general.--There are hereby
                          appropriated to the Highway Trust Fund amounts
                          equivalent to covered motor vehicle safety penalty
                          collections.

    [[Page 129 STAT. 1729]]

                              ``(ii) Covered motor vehicle safety penalty
                          collections.--For purposes of this subparagraph,
                          the term `covered motor vehicle safety penalty
                          collections' means any amount collected in
                          connection with a civil penalty under section
                          30165 of title 49, United States Code, reduced by
                          any award authorized by the Secretary of
                          Transportation to be paid to any person in
                          connection with information provided by such
                          person related to a violation of chapter 301 of
                          such title which is a predicate to such civil
                          penalty.''.

        (b) <<NOTE: 26 USC 9503 note.>> Effective Date.--The amendments made
    by this section shall apply to amounts collected after the date of the
    enactment of this Act.
    SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK
                                TRUST FUND.

        (a) In General.--Subsection (c) of section 9508 of the Internal
    Revenue Code of 1986 <<NOTE: 26 USC 9508.>> is amended by adding at the
    end the following new paragraph:
                ``(4) Additional transfer to highway trust fund.--Out of
            amounts in the Leaking Underground Storage Tank Trust Fund there
            is hereby appropriated--
                        ``(A) on the date of the enactment of the FAST Act,
                    $100,000,000,
                        ``(B) on October 1, 2016, $100,000,000, and
                        ``(C) on October 1, 2017, $100,000,000,
            to be transferred under section 9503(f)(9) to the Highway
            Account (as defined in section 9503(e)(5)(B)) in the Highway
            Trust Fund.''.

        (b) Conforming Amendment.--Section 9508(c)(1) of the Internal
    Revenue Code of 1986 is amended by striking ``paragraphs (2) and (3)''
    and inserting ``paragraphs (2), (3), and (4)''.

                              TITLE XXXII--OFFSETS

                           Subtitle A--Tax Provisions

    SEC. 32101. <<NOTE: 22 USC 2714a.>> REVOCATION OR DENIAL OF
                                PASSPORT IN CASE OF CERTAIN UNPAID
                                TAXES.

        (a) In General.--Subchapter D of chapter 75 of the Internal Revenue
    Code of 1986 is amended by adding at the end the following new section:
    ``SEC. 7345. <<NOTE: 26 USC 7345 note.>> REVOCATION OR DENIAL OF
                              PASSPORT IN CASE OF CERTAIN TAX
                              DELINQUENCIES.

        ``(a) In General.--If the Secretary receives certification by the
    Commissioner of Internal Revenue that an individual has a seriously
    delinquent tax debt, the Secretary shall transmit such certification to
    the Secretary of State for action with respect to denial, revocation, or
    limitation of a passport pursuant to section 32101 of the FAST Act.
        ``(b) Seriously Delinquent Tax Debt.--
                ``(1) In general.--For purposes of this section, the term
            `seriously delinquent tax debt' means an unpaid, legally
            enforceable Federal tax liability of an individual--
                        ``(A) which has been assessed,

    [[Page 129 STAT. 1730]]

                        ``(B) which is greater than $50,000, and
                        ``(C) with respect to which--
                              ``(i) a notice of lien has been filed pursuant
                          to section 6323 and the administrative rights
                          under section 6320 with respect to such filing
                          have been exhausted or have lapsed, or
                              ``(ii) a levy is made pursuant to section
                          6331.
                ``(2) Exceptions.--Such term shall not include--
                        ``(A) a debt that is being paid in a timely manner
                    pursuant to an agreement to which the individual is
                    party under section 6159 or 7122, and
                        ``(B) a debt with respect to which collection is
                    suspended with respect to the individual--
                              ``(i) because a due process hearing under
                          section 6330 is requested or pending, or
                              ``(ii) because an election under subsection
                          (b) or (c) of section 6015 is made or relief under
                          subsection (f) of such section is requested.

        ``(c) Reversal of Certification.--
                ``(1) In general.--In the case of an individual with respect
            to whom the Commissioner makes a certification under subsection
            (a), the Commissioner shall notify the Secretary (and the
            Secretary shall subsequently notify the Secretary of State) if
            such certification is found to be erroneous or if the debt with
            respect to such certification is fully satisfied or ceases to be
            a seriously delinquent tax debt by reason of subsection (b)(2).
                ``(2) Timing of notice.--
                        ``(A) Full satisfaction of debt.--In the case of a
                    debt that has been fully satisfied or has become legally
                    unenforceable, such notification shall be made not later
                    than the date required for issuing the certificate of
                    release of lien with respect to such debt under section
                    6325(a).
                        ``(B) Innocent spouse relief.--In the case of an
                    individual who makes an election under subsection (b) or
                    (c) of section 6015, or requests relief under subsection
                    (f) of such section, such notification shall be made not
                    later than 30 days after any such election or request.
                        ``(C) Installment agreement or offer-in-
                    compromise.--In the case of an installment agreement
                    under section 6159 or an offer-in-compromise under
                    section 7122, such notification shall be made not later
                    than 30 days after such agreement is entered into or
                    such offer is accepted by the Secretary.
                        ``(D) Erroneous certification.--In the case of a
                    certification found to be erroneous, such notification
                    shall be made as soon as practicable after such finding.

        ``(d) Contemporaneous Notice to Individual.--The Commissioner shall
    contemporaneously notify an individual of any certification under
    subsection (a), or any reversal of certification under subsection (c),
    with respect to such individual. Such notice shall include a description
    in simple and nontechnical terms of the right to bring a civil action
    under subsection (e).
        ``(e) Judicial Review of Certification.--
                ``(1) In general.--After the Commissioner notifies an
            individual under subsection (d), the taxpayer may bring a civil
            action against the United States in a district court of the

    [[Page 129 STAT. 1731]]

            United States or the Tax Court to determine whether the
            certification was erroneous or whether the Commissioner has
            failed to reverse the certification.
                ``(2) Determination.--If the court determines that such
            certification was erroneous, then the court may order the
            Secretary to notify the Secretary of State that such
            certification was erroneous.

        ``(f) Adjustment for Inflation.--In the case of a calendar year
    beginning after 2016, the dollar amount in subsection (a) shall be
    increased by an amount equal to--
                ``(1) such dollar amount, multiplied by
                ``(2) the cost-of-living adjustment determined under section
            1(f)(3) for the calendar year, determined by substituting
            `calendar year 2015' for `calendar year 1992' in subparagraph
            (B) thereof.

    If any amount as adjusted under the preceding sentence is not a multiple
    of $1,000, such amount shall be rounded to the nearest multiple of
    $1,000.
        ``(g) Delegation of Certification.--A certification under subsection
    (a) or reversal of certification under subsection (c) may only be
    delegated by the Commissioner of Internal Revenue to the Deputy
    Commissioner for Services and Enforcement, or the Commissioner of an
    operating division, of the Internal Revenue Service.''.
        (b) Information Included in Notice of Lien and Levy.--
                (1) Notice of lien.--Section 6320(a)(3) of such
            Code <<NOTE: 26 USC 6320.>> is amended by striking ``and'' at
            the end of subparagraph (C), by striking the period at the end
            of subparagraph (D) and inserting ``; and'', and by adding at
            the end the following new subparagraph:
                        ``(E) the provisions of section 7345 relating to the
                    certification of seriously delinquent tax debts and the
                    denial, revocation, or limitation of passports of
                    individuals with such debts pursuant to section 32101 of
                    the FAST Act.''.
                (2) Notice of levy.--Section 6331(d)(4) of such Code is
            amended by striking ``and'' at the end of subparagraph (E), by
            striking the period at the end of subparagraph (F) and inserting
            ``, and'', and by adding at the end the following new
            subparagraph:
                        ``(G) the provisions of section 7345 relating to the
                    certification of seriously delinquent tax debts and the
                    denial, revocation, or limitation of passports of
                    individuals with such debts pursuant to section 32101 of
                    the FAST Act.''.

        (c) Authority for Information Sharing.--
                (1) In general.--Section 6103(k) of such Code <<NOTE: 26 USC
            6103.>> is amended by adding at the end the following new
            paragraph:
                ``(11) Disclosure of return information to department of
            state for purposes of passport revocation under section 7345.--
                        ``(A) In general.--The Secretary shall, upon
                    receiving a certification described in section 7345,
                    disclose to the Secretary of State return information
                    with respect to a taxpayer who has a seriously
                    delinquent tax debt described in such section. Such
                    return information shall be limited to--
                              ``(i) the taxpayer identity information with
                          respect to such taxpayer, and

    [[Page 129 STAT. 1732]]

                              ``(ii) the amount of such seriously delinquent
                          tax debt.
                        ``(B) Restriction on disclosure.--Return information
                    disclosed under subparagraph (A) may be used by officers
                    and employees of the Department of State for the
                    purposes of, and to the extent necessary in, carrying
                    out the requirements of section 32101 of the FAST
                    Act.''.
                (2) Conforming amendment.--Paragraph (4) of section 6103(p)
            of such Code <<NOTE: 26 USC 6103.>> is amended by striking ``or
            (10)'' each place it appears in subparagraph (F)(ii) and in the
            matter preceding subparagraph (A) and inserting ``, (10), or
            (11)''

        (d) Time for Certification of Seriously Delinquent Tax Debt
    Postponed by Reason of Service in Combat Zone.--Section 7508(a) of such
    Code <<NOTE: 26 USC 7508.>> is amended by striking the period at the end
    of paragraph (2) and inserting ``; and'' and by adding at the end the
    following new paragraph:
                ``(3) Any certification of a seriously delinquent tax debt
            under section 7345.''.

        (e) Authority to Deny or Revoke Passport.--
                (1) Denial.--
                        (A) In general.--Except as provided under
                    subparagraph (B), upon receiving a certification
                    described in section 7345 of the Internal Revenue Code
                    of 1986 from the Secretary of the Treasury, the
                    Secretary of State shall not issue a passport to any
                    individual who has a seriously delinquent tax debt
                    described in such section.
                        (B) Emergency and humanitarian situations.--
                    Notwithstanding subparagraph (A), the Secretary of State
                    may issue a passport, in emergency circumstances or for
                    humanitarian reasons, to an individual described in such
                    subparagraph.
                (2) Revocation.--
                        (A) In general.--The Secretary of State may revoke a
                    passport previously issued to any individual described
                    in paragraph (1)(A).
                        (B) Limitation for return to united states.--If the
                    Secretary of State decides to revoke a passport under
                    subparagraph (A), the Secretary of State, before
                    revocation, may--
                              (i) limit a previously issued passport only
                          for return travel to the United States; or
                              (ii) issue a limited passport that only
                          permits return travel to the United States.
                (3) Hold harmless.--The Secretary of the Treasury, the
            Secretary of State, and any of their designees shall not be
            liable to an individual for any action with respect to a
            certification by the Commissioner of Internal Revenue under
            section 7345 of the Internal Revenue Code of 1986.

        (f) Revocation or Denial of Passport in Case of Individual Without
    Social Security Account Number.--
                (1) Denial.--
                        (A) In general.--Except as provided under
                    subparagraph (B), upon receiving an application for a
                    passport from an individual that either--
                              (i) does not include the social security
                          account number issued to that individual, or

    [[Page 129 STAT. 1733]]

                              (ii) includes an incorrect or invalid social
                          security number willfully, intentionally,
                          negligently, or recklessly provided by such
                          individual,
                    the Secretary of State is authorized to deny such
                    application and is authorized to not issue a passport to
                    the individual.
                        (B) Emergency and humanitarian situations.--
                    Notwithstanding subparagraph (A), the Secretary of State
                    may issue a passport, in emergency circumstances or for
                    humanitarian reasons, to an individual described in
                    subparagraph (A).
                (2) Revocation.--
                        (A) In general.--The Secretary of State may revoke a
                    passport previously issued to any individual described
                    in paragraph (1)(A).
                        (B) Limitation for return to united states.--If the
                    Secretary of State decides to revoke a passport under
                    subparagraph (A), the Secretary of State, before
                    revocation, may--
                              (i) limit a previously issued passport only
                          for return travel to the United States; or
                              (ii) issue a limited passport that only
                          permits return travel to the United States.

        (g) Removal of Certification From Record When Debt Ceases to Be
    Seriously Delinquent.--If pursuant to subsection (c) or (e) of section
    7345 of the Internal Revenue Code of 1986 the Secretary of State
    receives from the Secretary of the Treasury a notice that an individual
    ceases to have a seriously delinquent tax debt, the Secretary of State
    shall remove from the individual's record the certification with respect
    to such debt.
        (h) Clerical Amendment.--The table of sections for subchapter D of
    chapter 75 of the Internal Revenue Code of 1986 <<NOTE: 26 USC prec.
    7341.>>  is amended by adding at the end the following new item:

    ``Sec. 7345. Revocation or denial of passport in case of certain tax
               delinquencies.''.

        (i) Effective Date.--The provisions of, and amendments made by, this
    section shall take effect on the date of the enactment of this Act.
    SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION
                                CONTRACTS.

        (a) Requirement To Collect Certain Inactive Tax Receivables Under
    Qualified Tax Collection Contracts.--Section 6306 of the Internal
    Revenue Code of 1986 <<NOTE: 26 USC 6306.>>  is amended by redesignating
    subsections (c) through (f) as subsections (d) through (g),
    respectively, and by inserting after subsection (b) the following new
    subsection:

        ``(c) Collection of Inactive Tax Receivables.--
                ``(1) In general.--Notwithstanding any other provision of
            law, the Secretary shall enter into one or more qualified tax
            collection contracts for the collection of all outstanding
            inactive tax receivables.
                ``(2) Inactive tax receivables.--For purposes of this
            section--
                        ``(A) In general.--The term `inactive tax
                    receivable' means any tax receivable if--

    [[Page 129 STAT. 1734]]

                              ``(i) at any time after assessment, the
                          Internal Revenue Service removes such receivable
                          from the active inventory for lack of resources or
                          inability to locate the taxpayer,
                              ``(ii) more than \1/3\ of the period of the
                          applicable statute of limitation has lapsed and
                          such receivable has not been assigned for
                          collection to any employee of the Internal Revenue
                          Service, or
                              ``(iii) in the case of a receivable which has
                          been assigned for collection, more than 365 days
                          have passed without interaction with the taxpayer
                          or a third party for purposes of furthering the
                          collection of such receivable.
                        ``(B) Tax receivable.--The term `tax receivable'
                    means any outstanding assessment which the Internal
                    Revenue Service includes in potentially collectible
                    inventory.''.

        (b) Certain Tax Receivables Not Eligible for Collection Under
    Qualified Tax Collection Contracts.--Section 6306 of the Internal
    Revenue Code of 1986, as amended by subsection (a), is amended by
    redesignating subsections (d) through (g) as subsections (e) through
    (h), respectively, and by inserting after subsection (c) the following
    new subsection:
        ``(d) Certain Tax Receivables Not Eligible for Collection Under
    Qualified Tax Collections Contracts.--A tax receivable shall not be
    eligible for collection pursuant to a qualified tax collection contract
    if such receivable--
                ``(1) is subject to a pending or active offer-in-compromise
            or installment agreement,
                ``(2) is classified as an innocent spouse case,
                ``(3) involves a taxpayer identified by the Secretary as
            being--
                        ``(A) deceased,
                        ``(B) under the age of 18,
                        ``(C) in a designated combat zone, or
                        ``(D) a victim of tax-related identity theft,
                ``(4) is currently under examination, litigation, criminal
            investigation, or levy, or
                ``(5) is currently subject to a proper exercise of a right
            of appeal under this title.''.

        (c) Contracting Priority.--Section 6306 of the Internal Revenue Code
    of 1986, <<NOTE: 26 USC 6306.>> as amended by the preceding provisions
    of this section, is amended by redesignating subsection (h) as
    subsection (i) and by inserting after subsection (g) the following new
    subsection:

        ``(h) Contracting Priority.--In contracting for the services of any
    person under this section, the Secretary shall utilize private
    collection contractors and debt collection centers on the schedule
    required under section 3711(g) of title 31, United States Code,
    including the technology and communications infrastructure established
    therein, to the extent such private collection contractors and debt
    collection centers are appropriate to carry out the purposes of this
    section.''.
        (d) Disclosure of Return Information.--Section 6103(k) of the
    Internal Revenue Code of 1986, <<NOTE: 26 USC 6103.>> as amended by
    section 32101, is amended by adding at the end the following new
    paragraph:
                ``(12) Qualified tax collection contractors.--Persons
            providing services pursuant to a qualified tax collection
            contract

    [[Page 129 STAT. 1735]]

            under section 6306 may, if speaking to a person who has
            identified himself or herself as having the name of the taxpayer
            to which a tax receivable (within the meaning of such section)
            relates, identify themselves as contractors of the Internal
            Revenue Service and disclose the business name of the
            contractor, and the nature, subject, and reason for the contact.
            Disclosures under this paragraph shall be made only in such
            situations and under such conditions as have been approved by
            the Secretary.''.

        (e) Taxpayers Affected by Federally Declared Disasters.--Section
    6306 of the Internal Revenue Code of 1986, <<NOTE: 26 USC 6306.>>  as
    amended by the preceding provisions of this section, is amended by
    redesignating subsection (i) as subsection (j) and by inserting after
    subsection (h) the following new subsection:

        ``(i) Taxpayers in Presidentially Declared Disaster Areas.--The
    Secretary may prescribe procedures under which a taxpayer determined to
    be affected by a Federally declared disaster (as defined by section
    165(i)(5)) may request--
                ``(1) relief from immediate collection measures by
            contractors under this section, and
                ``(2) a return of the inactive tax receivable to the
            inventory of the Internal Revenue Service to be collected by an
            employee thereof.''.

        (f) Report to Congress.--
                (1) In general.--Section 6306 of the Internal Revenue Code
            of 1986, as amended by the preceding provisions of this section,
            is amended by redesignating subsection (j) as subsection (k) and
            by inserting after subsection (i) the following new subsection:

        ``(j) Report to Congress.--Not later than 90 days after the last day
    of each fiscal year (beginning with the first such fiscal year ending
    after the date of the enactment of this subsection), the Secretary shall
    submit to the Committee on Ways and Means of the House of
    Representatives and the Committee on Finance of the Senate a report with
    respect to qualified tax collection contracts under this section which
    shall include--
                ``(1) annually, with respect to such fiscal year--
                        ``(A) the total number and amount of tax receivables
                    provided to each contractor for collection under this
                    section,
                        ``(B) the total amounts collected (and amounts of
                    installment agreements entered into under subsection
                    (b)(1)(B)) with respect to each contractor and the
                    collection costs incurred (directly and indirectly) by
                    the Internal Revenue Service with respect to such
                    amounts,
                        ``(C) the impact of such contracts on the total
                    number and amount of unpaid assessments, and on the
                    number and amount of assessments collected by Internal
                    Revenue Service personnel after initial contact by a
                    contractor,
                        ``(D) the amount of fees retained by the Secretary
                    under subsection (e) and a description of the use of
                    such funds, and
                        ``(E) a disclosure safeguard report in a form
                    similar to that required under section 6103(p)(5), and
                ``(2) biannually (beginning with the second report submitted
            under this subsection)--
                        ``(A) an independent evaluation of contractor
                    performance, and

    [[Page 129 STAT. 1736]]

                        ``(B) a measurement plan that includes a comparison
                    of the best practices used by the private collectors to
                    the collection techniques used by the Internal Revenue
                    Service and mechanisms to identify and capture
                    information on successful collection techniques used by
                    the contractors that could be adopted by the Internal
                    Revenue Service.''.
                (2) Repeal of existing reporting requirements with respect
            to qualified tax collection contracts.--Section 881 of the
            American Jobs Creation Act of 2004 <<NOTE: 26 USC 6306
            note.>> is amended by striking subsection (e).

        (g) Effective Dates.--
                (1) <<NOTE: 26 USC 6306 note.>> In general.--The amendments
            made by subsections (a) and (b) shall apply to tax receivables
            identified by the Secretary after the date of the enactment of
            this Act.
                (2) <<NOTE: 26 USC 6306 note.>> Contracting priority.--The
            Secretary shall begin entering into contracts and agreements as
            described in the amendment made by subsection (c) within 3
            months after the date of the enactment of this Act.
                (3) <<NOTE: 26 USC 6103 note.>> Disclosures.--The amendment
            made by subsection (d) shall apply to disclosures made after the
            date of the enactment of this Act.
                (4) <<NOTE: 26 USC 6306 note.>> Procedures; report to
            congress.--The amendments made by subsections (e) and (f) shall
            take effect on the date of the enactment of this Act.
    SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.

        (a) In General.--Subsection (e) of section 6306 of the Internal
    Revenue Code of 1986, <<NOTE: 26 USC 6306.>> as redesignated by section
    52106, is amended by striking ``for collection enforcement activities of
    the Internal Revenue Service'' in paragraph (2) and inserting ``to fund
    the special compliance personnel program account under section 6307''.

        (b) Special Compliance Personnel Program Account.--Subchapter A of
    chapter 64 of the Internal Revenue Code of 1986 is amended by adding at
    the end the following new section:
    ``SEC. 6307. <<NOTE: 26 USC 6307.>> SPECIAL COMPLIANCE PERSONNEL
                              PROGRAM ACCOUNT.

        ``(a) Establishment of a Special Compliance Personnel Program
    Account.--The Secretary shall establish an account within the Department
    for carrying out a program consisting of the hiring, training, and
    employment of special compliance personnel, and shall transfer to such
    account from time to time amounts retained by the Secretary under
    section 6306(e)(2).
        ``(b) Restrictions.--The program described in subsection (a) shall
    be subject to the following restrictions:
                ``(1) No funds shall be transferred to such account except
            as described in subsection (a).
                ``(2) No other funds from any other source shall be expended
            for special compliance personnel employed under such program,
            and no funds from such account shall be expended for the hiring
            of any personnel other than special compliance personnel.
                ``(3) Notwithstanding any other authority, the Secretary is
            prohibited from spending funds out of such account for any
            purpose other than for costs under such program associated with
            the employment of special compliance personnel and the
            retraining and reassignment of current noncollections personnel
            as special compliance personnel, and to reimburse the Internal
            Revenue Service or other government agencies for the cost

    [[Page 129 STAT. 1737]]

            of administering qualified tax collection contracts under
            section 6306.

        ``(c) Reporting.--Not later than March of each year, the
    Commissioner of Internal Revenue shall submit a report to the Committees
    on Finance and Appropriations of the Senate and the Committees on Ways
    and Means and Appropriations of the House of Representatives consisting
    of the following:
                ``(1) For the preceding fiscal year, all funds received in
            the account established under subsection (a), administrative and
            program costs for the program described in such subsection, the
            number of special compliance personnel hired and employed under
            the program, and the amount of revenue actually collected by
            such personnel.
                ``(2) For the current fiscal year, all actual and estimated
            funds received or to be received in the account, all actual and
            estimated administrative and program costs, the number of all
            actual and estimated special compliance personnel hired and
            employed under the program, and the actual and estimated revenue
            actually collected or to be collected by such personnel.
                ``(3) For the following fiscal year, an estimate of all
            funds to be received in the account, all estimated
            administrative and program costs, the estimated number of
            special compliance personnel hired and employed under the
            program, and the estimated revenue to be collected by such
            personnel.

        ``(d) Definitions.--For purposes of this section--
                ``(1) Special compliance personnel.--The term `special
            compliance personnel' means individuals employed by the Internal
            Revenue Service as field function collection officers or in a
            similar position, or employed to collect taxes using the
            automated collection system or an equivalent replacement system.
                ``(2) Program costs.--The term `program costs' means--
                        ``(A) total salaries (including locality pay and
                    bonuses), benefits, and employment taxes for special
                    compliance personnel employed or trained under the
                    program described in subsection (a), and
                        ``(B) direct overhead costs, salaries, benefits, and
                    employment taxes relating to support staff, rental
                    payments, office equipment and furniture, travel, data
                    processing services, vehicle costs, utilities,
                    telecommunications, postage, printing and reproduction,
                    supplies and materials, lands and structures, insurance
                    claims, and indemnities for special compliance personnel
                    hired and employed under this section.
            For purposes of subparagraph (B), the cost of management and
            supervision of special compliance personnel shall be taken into
            account as direct overhead costs to the extent such costs, when
            included in total program costs under this paragraph, do not
            represent more than 10 percent of such total costs.''.

        (c) Clerical Amendment.--The table of sections for subchapter A of
    chapter 64 of the Internal Revenue Code of 1986 <<NOTE: 26 USC prec.
    6301.>>  is amended by inserting after the item relating to section 6306
    the following new item:

    ``Sec. 6307. Special compliance personnel program account.''.

    [[Page 129 STAT. 1738]]

        (d) <<NOTE: 26 USC 6306 note.>> Effective Date.--The amendment made
    by subsection (a) shall apply to amounts collected and retained by the
    Secretary after the date of the enactment of this Act.
    SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION OF
                                RETURN DUE DATE FOR CERTAIN EMPLOYEE
                                BENEFIT PLANS.

        (a) In General.--Section 2006(b) of the Surface Transportation and
    Veterans Health Care Choice Improvement Act of 2015 <<NOTE: 26 USC 6081
    note.>> is amended by striking paragraph (3).

        (b) <<NOTE: 26 USC 6081 note.>> Effective Date.--The amendment made
    by this section shall apply to returns for taxable years beginning after
    December 31, 2015.

                          Subtitle B--Fees and Receipts

    SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUSTOMS
                                SERVICES.

        (a) In General.--Section 13031 of the Consolidated Omnibus Budget
    Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the
    end the following:
        ``(l) Adjustment of Fees for Inflation.--
                ``(1) In general.--The Secretary of the Treasury shall
            adjust the fees established under subsection (a), and the
            limitations on such fees under paragraphs (2), (3), (5), (6),
            (8), and (9) of subsection (b), on April 1, 2016, and at the
            beginning of each fiscal year thereafter, to reflect the
            percentage (if any) of the increase in the average of the
            Consumer Price Index for the preceding 12-month period compared
            to the Consumer Price Index for fiscal year 2014.
                ``(2) Special rules for calculation of adjustment.--In
            adjusting under paragraph (1) the amount of the fees established
            under subsection (a), and the limitations on such fees under
            paragraphs (2), (3), (5), (6), (8), and (9) of subsection (b),
            the Secretary--
                        ``(A) shall round the amount of any increase in the
                    Consumer Price Index to the nearest dollar; and
                        ``(B) may ignore any such increase of less than 1
                    percent.
                ``(3) Consumer price index defined.--For purposes of this
            subsection, the term `Consumer Price Index' means the Consumer
            Price Index for All Urban Consumers published by the Bureau of
            Labor Statistics of the Department of Labor.''.

        (b) <<NOTE: 19 USC 58c note.>> Use of Fees.--The fees collected as a
    result of the amendments made by this section shall be deposited in the
    Customs User Fee Account, shall be available for reimbursement of
    customs services and inspections costs, and shall be available only to
    the extent provided in appropriations Acts.

        (c) Conforming Amendments.--Section 13031 of the Consolidated
    Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), as amended by
    subsections (a) and (b), is further amended--
                (1) in subsection (a), in the matter preceding paragraph
            (1), by inserting ``(subject to adjustment under subsection
            (l))'' after ``following fees''; and
                (2) in subsection (b)--

    [[Page 129 STAT. 1739]]

                        (A) in paragraph (2), by inserting ``(subject to
                    adjustment under subsection (l))'' after ``in fees'';
                        (B) in paragraph (3), by inserting ``(subject to
                    adjustment under subsection (l))'' after ``in fees'';
                        (C) in paragraph (5)(A), by inserting ``(subject to
                    adjustment under subsection (l))'' after ``in fees'';
                        (D) in paragraph (6), by inserting ``(subject to
                    adjustment under subsection (l))'' after ``in fees'';
                        (E) in paragraph (8)(A)--
                              (i) in clause (i), by inserting ``or (l)''
                          after ``subsection (a)(9)(B)''; and
                              (ii) in clause (ii), by inserting ``(subject
                          to adjustment under subsection (l))'' after
                          ``$3''; and
                        (F) in paragraph (9)--
                              (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by inserting ``and subject to
                                    adjustment under subsection (l)'' after
                                    ``Tariff Act of 1930''; and
                                        (II) in clause (ii)(I), by inserting
                                    ``(subject to adjustment under
                                    subsection (l))'' after ``bill of
                                    lading''; and
                              (ii) in subparagraph (B)(i), by inserting
                          ``(subject to adjustment under subsection (l))''
                          after ``bill of lading''.
    SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE BANKS.

        Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is
    amended by adding at the end the following:
                ``(3) Limitation on surplus funds.--
                        ``(A) In general.--The aggregate amount of the
                    surplus funds of the Federal reserve banks may not
                    exceed $10,000,000,000.
                        ``(B) Transfer to the general fund.--Any amounts of
                    the surplus funds of the Federal reserve banks that
                    exceed, or would exceed, the limitation under
                    subparagraph (A) shall be transferred to the Board of
                    Governors of the Federal Reserve System for transfer to
                    the Secretary of the Treasury for deposit in the general
                    fund of the Treasury.''.
    SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.

        (a) In General.--Section 7(a)(1) of the Federal Reserve Act (12 15
    U.S.C. 289(a)(1)) is amended--
                (1) by amending subparagraph (A) to read as follows:
                        ``(A) Dividend amount.--After all necessary expenses
                    of a Federal reserve bank have been paid or provided
                    for, the stockholders of the bank shall be entitled to
                    receive an annual dividend on paid-in capital stock of--
                              ``(i) in the case of a stockholder with total
                          consolidated assets of more than $10,000,000,000,
                          the smaller of--
                                        ``(I) the rate equal to the high
                                    yield of the 10-year Treasury note
                                    auctioned at the last auction held prior
                                    to the payment of such dividend; and
                                        ``(II) 6 percent; and

    [[Page 129 STAT. 1740]]

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

        (b) <<NOTE: 12 USC 289 note.>> Effective Date.--The amendments made
    by subsection (a) shall take effect on January 1, 2016.
    SEC. 32204. <<NOTE: 42 USC 6241 note.>> STRATEGIC PETROLEUM
                                RESERVE DRAWDOWN AND SALE.

        (a) Drawdown and Sale.--
                (1) In general.--Notwithstanding section 161 of the Energy
            Policy and Conservation Act (42 U.S.C. 6241), except as provided
            in subsections (b) and (c), the Secretary of Energy shall
            drawdown and sell from the Strategic Petroleum Reserve--
                        (A) the quantity of barrels of crude oil that the
                    Secretary of Energy determines to be appropriate to
                    maximize the financial return to United States taxpayers
                    for each of fiscal years 2016 and 2017;
                        (B) 16,000,000 barrels of crude oil during fiscal
                    year 2023;
                        (C) 25,000,000 barrels of crude oil during fiscal
                    year 2024; and
                        (D) 25,000,000 barrels of crude oil during fiscal
                    year 2025.
                (2) Deposit of amounts received from sale.--Amounts received
            from a sale under paragraph (1) shall be deposited in the
            general fund of the Treasury during the fiscal year in which the
            sale occurs.

        (b) Emergency Protection.--The Secretary shall not draw down and
    sell crude oil under this section in quantities that would limit the
    authority to sell petroleum products under section 161(h) of the Energy
    Policy and Conservation Act (42 U.S.C. 6241(h)) in the full quantity
    authorized by that subsection.
        (c) Increase; Limitation.--
                (1) Increase.--The Secretary of Energy may increase the
            drawdown and sales under subparagraphs (A) through (I) of
            subsection (a)(1) as the Secretary of Energy determines to be
            appropriate to maximize the financial return to United States
            taxpayers.
                (2) Limitation.--The Secretary of Energy shall not drawdown
            or conduct sales of crude oil under this section after the date
            on which a total of $6,200,000,000 has been deposited in the
            general fund of the Treasury from sales authorized under this
            section.
    SEC. 32205. <<NOTE: 7 USC 1508 and note.>> REPEAL.

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

    [[Page 129 STAT. 1741]]

                               Subtitle C--Outlays

    SEC. 32301. INTEREST ON OVERPAYMENT.

        Section 111 of the Federal Oil and Gas Royalty Management Act of
    1982 (30 U.S.C. 1721) is amended--
                (1) by striking subsections (h) and (i);
                (2) by redesignating subsections (j) through (l) as
            subsections (h) through (j), respectively; and
                (3) in subsection (h) (as so redesignated), by striking the
            fourth sentence.

                          Subtitle D--Budgetary Effects

    SEC. 32401. BUDGETARY EFFECTS.

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

                            DIVISION D--MISCELLANEOUS

                    TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

    SEC. 41001. <<NOTE: 42 USC 4370m note.>> DEFINITIONS.

        In this title:
                (1) Agency.--The term ``agency'' has the meaning given the
            term in section 551 of title 5, United States Code.
                (2) Agency cerpo.--The term ``agency CERPO'' means the chief
            environmental review and permitting officer of an agency, as
            designated by the head of the agency under section
            41002(b)(2)(A)(iii)(I).
                (3) Authorization.--The term ``authorization'' means any
            license, permit, approval, finding, determination, or other
            administrative decision issued by an agency that is required or
            authorized under Federal law in order to site, construct,
            reconstruct, or commence operations of a covered project
            administered by a Federal agency or, in the case of a State that
            chooses to participate in the environmental review and
            authorization process in accordance with section 41003(c)(3)(A),
            a State agency.
                (4) Cooperating agency.--The term ``cooperating agency''
            means any agency with--
                        (A) jurisdiction under Federal law; or
                        (B) special expertise as described in section 1501.6
                    of title 40, Code of Federal Regulations (as in effect
                    on the date of enactment of this Act).
                (5) Council.--The term ``Council'' means the Federal
            Infrastructure Permitting Improvement Steering Council
            established under section 41002(a).
                (6) Covered project.--
                        (A) In general.--The term ``covered project'' means
                    any activity in the United States that requires
                    authorization or environmental review by a Federal
                    agency involving

    [[Page 129 STAT. 1742]]

                    construction of infrastructure for renewable or
                    conventional energy production, electricity
                    transmission, surface transportation, aviation, ports
                    and waterways, water resource projects, broadband,
                    pipelines, manufacturing, or any other sector as
                    determined by a majority vote of the Council that--
                              (i)(I) is subject to NEPA;
                              (II) is likely to require a total investment
                          of more than $200,000,000; and
                              (III) does not qualify for abbreviated
                          authorization or environmental review processes
                          under any applicable law; or
                              (ii) is subject to NEPA and the size and
                          complexity of which, in the opinion of the
                          Council, make the project likely to benefit from
                          enhanced oversight and coordination, including a
                          project likely to require--
                                        (I) authorization from or
                                    environmental review involving more than
                                    2 Federal agencies; or
                                        (II) the preparation of an
                                    environmental impact statement under
                                    NEPA.
                        (B) Exclusion.--The term ``covered project'' does
                    not include--
                              (i) any project subject to section 139 of
                          title 23, United States Code; or
                              (ii) any project subject to section 2045 of
                          the Water Resources Development Act of 2007 (33
                          U.S.C. 2348).
                (7) Dashboard.--The term ``Dashboard'' means the Permitting
            Dashboard required under section 41003(b).
                (8) Environmental assessment.--The term ``environmental
            assessment'' means a concise public document for which a Federal
            agency is responsible under section 1508.9 of title 40, Code of
            Federal Regulations (or successor regulations).
                (9) Environmental document.--
                        (A) In general.--The term ``environmental document''
                    means an environmental assessment, finding of no
                    significant impact, notice of intent, environmental
                    impact statement, or record of decision.
                        (B) Inclusions.--The term ``environmental document''
                    includes--
                              (i) any document that is a supplement to a
                          document described in subparagraph (A); and
                              (ii) a document prepared pursuant to a court
                          order.
                (10) Environmental impact statement.--The term
            ``environmental impact statement'' means the detailed written
            statement required under section 102(2)(C) of NEPA.
                (11) Environmental review.--The term ``environmental
            review'' means the agency procedures and processes for applying
            a categorical exclusion or for preparing an environmental
            assessment, an environmental impact statement, or other document
            required under NEPA.
                (12) Executive director.--The term ``Executive Director''
            means the Executive Director appointed by the President under
            section 41002(b)(1)(A).
                (13) Facilitating agency.--The term ``facilitating agency''
            means the agency that receives the initial notification from the
            project sponsor required under section 41003(a).

    [[Page 129 STAT. 1743]]

                (14) Inventory.--The term ``inventory'' means the inventory
            of covered projects established by the Executive Director under
            section 41002(c)(1)(A).
                (15) Lead agency.--The term ``lead agency'' means the agency
            with principal responsibility for an environmental review of a
            covered project under NEPA and parts 1500 through 1508 of title
            40, Code of Federal Regulations (or successor regulations).
                (16) NEPA.--The term ``NEPA'' means the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                (17) Participating agency.--The term ``participating
            agency'' means an agency participating in an environmental
            review or authorization for a covered project in accordance with
            section 41003.
                (18) Project sponsor.--The term ``project sponsor'' means an
            entity, including any private, public, or public-private entity,
            seeking an authorization for a covered project.
    SEC. 41002. <<NOTE: 42 USC 437m-1.>> FEDERAL PERMITTING
                                IMPROVEMENT COUNCIL.

        (a) Establishment.--There is established the Federal Permitting
    Improvement Steering Council.
        (b) Composition.--
                (1) Chair.--The Executive Director shall--
                        (A) be appointed by the President; and
                        (B) serve as Chair of the Council.
                (2) Council members.--
                        (A) In general.--
                              (i) Designation by head of agency.--Each
                          individual listed in subparagraph (B) shall
                          designate a member of the agency in which the
                          individual serves to serve on the Council.
                              (ii) Qualifications.--A councilmem-ber
                          described in clause (i) shall hold a position in
                          the agency of deputy secretary (or the equivalent)
                          or higher.
                              (iii) Support.--
                                        (I) In general.--Consistent with
                                    guidance provided by the Director of the
                                    Office of Management and Budget, each
                                    individual listed in subparagraph (B)
                                    shall designate 1 or more appropriate
                                    members of the agency in which the
                                    individual serves to serve as an agency
                                    CERPO.
                                        (II) Reporting.--In carrying out the
                                    duties of the agency CERPO under this
                                    title, an agency CERPO shall report
                                    directly to a deputy secretary (or the
                                    equivalent) or higher.
                        (B) Heads of agencies.--The individuals that shall
                    each designate a councilmember under this subparagraph
                    are as follows:
                              (i) The Secretary of Agriculture.
                              (ii) The Secretary of the Army.
                              (iii) The Secretary of Commerce.
                              (iv) The Secretary of the Interior.
                              (v) The Secretary of Energy.
                              (vi) The Secretary of Transportation.
                              (vii) The Secretary of Defense.
                              (viii) The Administrator of the Environmental
                          Protection Agency.

    [[Page 129 STAT. 1744]]

                              (ix) The Chairman of the Federal Energy
                          Regulatory Commission.
                              (x) The Chairman of the Nuclear Regulatory
                          Commission.
                              (xi) The Secretary of Homeland Security.
                              (xii) The Secretary of Housing and Urban
                          Development.
                              (xiii) The Chairman of the Advisory Council on
                          Historic Preservation.
                              (xiv) Any other head of a Federal agency that
                          the Executive Director may invite to participate
                          as a member of the Council.
                (3) Additional members.--In addition to the members listed
            in paragraphs (1) and (2), the Chairman of the Council on
            Environmental Quality and the Director of the Office of
            Management and Budget shall also be members of the Council.

        (c) Duties.--
                (1) Executive director.--
                        (A) Inventory development.--The Executive Director,
                    in consultation with the Council, shall--
                              (i) not later than 180 days after the date of
                          enactment of this Act, establish an inventory of
                          covered projects that are pending the
                          environmental review or authorization of the head
                          of any Federal agency;
                              (ii)(I) categorize the projects in the
                          inventory as appropriate, based on sector and
                          project type; and
                              (II) for each category, identify the types of
                          environmental reviews and authorizations most
                          commonly involved; and
                              (iii) add a covered project to the inventory
                          after receiving a notice described in section
                          41003(a)(1).
                        (B) Facilitating agency designation.--The Executive
                    Director, in consultation with the Council, shall--
                              (i) designate a facilitating agency for each
                          category of covered projects described in
                          subparagraph (A)(ii); and
                              (ii) publish the list of designated
                          facilitating agencies for each category of
                          projects in the inventory on the Dashboard in an
                          easily accessible format.
                        (C) Performance schedules.--
                              (i) In general.--Not later than 1 year after
                          the date of enactment of this Act, the Executive
                          Director, in consultation with the Council, shall
                          develop recommended performance schedules,
                          including intermediate and final completion dates,
                          for environmental reviews and authorizations most
                          commonly required for each category of covered
                          projects described in subparagraph (A)(ii).
                              (ii) Requirements.--
                                        (I) In general.--The performance
                                    schedules shall reflect employment of
                                    the use of the most efficient applicable
                                    processes, including the alignment of
                                    Federal reviews of projects and
                                    reduction of permitting and project
                                    delivery time.
                                        (II) Limit.--
                                                (aa) In general.--The final
                                            completion dates in any
                                            performance schedule for the

    [[Page 129 STAT. 1745]]

                                            completion of an environmental
                                            review or authorization under
                                            clause (i) shall not exceed the
                                            average time to complete an
                                            environmental review or
                                            authorization for a project
                                            within that category.
                                                (bb) Calculation of average
                                            time.--The average time referred
                                            to in item (aa) shall be
                                            calculated on the basis of data
                                            from the preceding 2 calendar
                                            years and shall run from the
                                            period beginning on the date on
                                            which the Executive Director
                                            must make a specific entry for
                                            the project on the Dashboard
                                            under section 41003(b)(2)
                                            (except that, for projects
                                            initiated before that duty takes
                                            effect, the period beginning on
                                            the date of filing of a
                                            completed application), and
                                            ending on the date of the
                                            issuance of a record of decision
                                            or other final agency action on
                                            the review or authorization.
                                                (cc) Completion date.--Each
                                            performance schedule shall
                                            specify that any decision by an
                                            agency on an environmental
                                            review or authorization must be
                                            issued not later than 180 days
                                            after the date on which all
                                            information needed to complete
                                            the review or authorization
                                            (including any hearing that an
                                            agency holds on the matter) is
                                            in the possession of the agency.
                              (iii) Review and revision.--Not later than 2
                          years after the date on which the performance
                          schedules are established under this subparagraph,
                          and not less frequently than once every 2 years
                          thereafter, the Executive Director, in
                          consultation with the Council, shall review and
                          revise the performance schedules.
                        (D) Guidance.--The Executive Director, in
                    consultation with the Council, may recommend to the
                    Director of the Office of Management and Budget or to
                    the Council on Environmental Quality, as appropriate,
                    that guidance be issued as necessary for agencies--
                              (i) to carry out responsibilities under this
                          title; and
                              (ii) to effectuate the adoption by agencies of
                          the best practices and recommendations of the
                          Council described in paragraph (2).
                (2) Council.--
                        (A) Recommendations.--
                              (i) In general.--The Council shall make
                          recommendations to the Executive Director with
                          respect to the designations under paragraph (1)(B)
                          and the performance schedules under paragraph
                          (1)(C).
                              (ii) Update.--The Council may update the
                          recommendations described in clause (i).
                        (B) Best practices.--Not later than 1 year after the
                    date of enactment of this Act, and not less frequently
                    than annually thereafter, the Council shall issue
                    recommendations on the best practices for--

    [[Page 129 STAT. 1746]]

                              (i) enhancing early stakeholder engagement,
                          including fully considering and, as appropriate,
                          incorporating recommendations provided in public
                          comments on any proposed covered project;
                              (ii) ensuring timely decisions regarding
                          environmental reviews and authorizations,
                          including through the development of performance
                          metrics;
                              (iii) improving coordination between Federal
                          and non-Federal governmental entities, including
                          through the development of common data standards
                          and terminology across agencies;
                              (iv) increasing transparency;
                              (v) reducing information collection
                          requirements and other administrative burdens on
                          agencies, project sponsors, and other interested
                          parties;
                              (vi) developing and making available to
                          applicants appropriate geographic information
                          systems and other tools;
                              (vii) creating and distributing training
                          materials useful to Federal, State, tribal, and
                          local permitting officials; and
                              (viii) addressing other aspects of
                          infrastructure permitting, as determined by the
                          Council.
                        (C) Meetings.--The Council shall meet not less
                    frequently than annually with groups or individuals
                    representing State, tribal, and local governments that
                    are engaged in the infrastructure permitting process.
                (3) Agency cerpos.--An agency CERPO shall--
                        (A) advise the respective agency councilmember on
                    matters related to environmental reviews and
                    authorizations;
                        (B) provide technical support, when requested to
                    facilitate efficient and timely processes for
                    environmental reviews and authorizations for covered
                    projects under the jurisdictional responsibility of the
                    agency, including supporting timely identification and
                    resolution of potential disputes within the agency or
                    between the agency and other Federal agencies;
                        (C) analyze agency environmental review and
                    authorization processes, policies, and authorities and
                    make recommendations to the respective agency
                    councilmember for ways to standardize, simplify, and
                    improve the efficiency of the processes, policies, and
                    authorities, including by implementing guidance issued
                    under paragraph (1)(D) and other best practices,
                    including the use of information technology and
                    geographic information system tools within the agency
                    and across agencies, to the extent consistent with
                    existing law; and
                        (D) review and develop training programs for agency
                    staff that support and conduct environmental reviews or
                    authorizations.

        (d) Administrative Support.--The Director of the Office of
    Management and Budget shall designate a Federal agency, other than an
    agency that carries out or provides support only for projects that are
    not covered projects, to provide administrative support for the
    Executive Director, and the designated agency shall, as

    [[Page 129 STAT. 1747]]

    reasonably necessary, provide support and staff to enable the Executive
    Director to fulfill the duties of the Executive Director under this
    title.
    SEC. 41003. <<NOTE: 42 USC 4370m-2.>> PERMITTING PROCESS
                                IMPROVEMENT.

        (a) Project Initiation and Designation of Participating Agencies.--
                (1) Notice.--
                        (A) In general.--A project sponsor of a covered
                    project shall submit to the Executive Director and the
                    facilitating agency notice of the initiation of a
                    proposed covered project.
                        (B) Default designation.--If, at the time of
                    submission of the notice under subparagraph (A), the
                    Executive Director has not designated a facilitating
                    agency under section 41002(c)(1)(B) for the categories
                    of projects noticed, the agency that receives the notice
                    under subparagraph (A) shall be designated as the
                    facilitating agency.
                        (C) Contents.--Each notice described in subparagraph
                    (A) shall include--
                              (i) a statement of the purposes and objectives
                          of the proposed project;
                              (ii) a concise description, including the
                          general location of the proposed project and a
                          summary of geospatial information, if available,
                          illustrating the project area and the locations,
                          if any, of environmental, cultural, and historic
                          resources;
                              (iii) a statement regarding the technical and
                          financial ability of the project sponsor to
                          construct the proposed project;
                              (iv) a statement of any Federal financing,
                          environmental reviews, and authorizations
                          anticipated to be required to complete the
                          proposed project; and
                              (v) an assessment that the proposed project
                          meets the definition of a covered project under
                          section 41001 and a statement of reasons
                          supporting the assessment.
                (2) Invitation.--
                        (A) In general.--Not later than 45 days after the
                    date on which the Executive Director must make a
                    specific entry for the project on the Dashboard under
                    subsection (b)(2)(A), the facilitating agency or lead
                    agency, as applicable, shall--
                              (i) identify all Federal and non-Federal
                          agencies and governmental entities likely to have
                          financing, environmental review, authorization, or
                          other responsibilities with respect to the
                          proposed project; and
                              (ii) invite all Federal agencies identified
                          under clause (i) to become a participating agency
                          or a cooperating agency, as appropriate, in the
                          environmental review and authorization management
                          process described in section 41005.
                        (B) Deadlines.--Each invitation made under
                    subparagraph (A) shall include a deadline for a response
                    to be submitted to the facilitating or lead agency, as
                    applicable.
                (3) Participating and cooperating agencies.--
                        (A) In general.--An agency invited under paragraph
                    (2) shall be designated as a participating or
                    cooperating agency for a covered project, unless the
                    agency informs

    [[Page 129 STAT. 1748]]

                    the facilitating or lead agency, as applicable, in
                    writing before the deadline under paragraph (2)(B) that
                    the agency--
                              (i) has no jurisdiction or authority with
                          respect to the proposed project; or
                              (ii) does not intend to exercise authority
                          related to, or submit comments on, the proposed
                          project.
                        (B) Changed circumstances.--On request and a showing
                    of changed circumstances, the Executive Director may
                    designate an agency that has opted out under
                    subparagraph (A)(ii) to be a participating or
                    cooperating agency, as appropriate.
                (4) Effect of designation.--The designation described in
            paragraph (3) shall not--
                        (A) give the participating agency authority or
                    jurisdiction over the covered project; or
                        (B) expand any jurisdiction or authority a
                    cooperating agency may have over the proposed project.
                (5) Lead agency designation.--
                        (A) In general.--On establishment of the lead
                    agency, the lead agency shall assume the
                    responsibilities of the facilitating agency under this
                    title.
                        (B) Redesignation of facilitating agency.--If the
                    lead agency assumes the responsibilities of the
                    facilitating agency under subparagraph (A), the
                    facilitating agency may be designated as a cooperative
                    or participating agency.
                (6) Change of facilitating or lead agency.--
                        (A) In general.--On the request of a participating
                    agency or project sponsor, the Executive Director may
                    designate a different agency as the facilitating or lead
                    agency, as applicable, for a covered project, if the
                    facilitating or lead agency or the Executive Director
                    receives new information regarding the scope or nature
                    of a covered project that indicates that the project
                    should be placed in a different category under section
                    41002(c)(1)(B).
                        (B) Resolution of dispute.--The Chairman of the
                    Council on Environmental Quality shall resolve any
                    dispute over designation of a facilitating or lead
                    agency for a particular covered project.

        (b) Permitting Dashboard.--
                (1) Requirement to maintain.--
                        (A) In general.--The Executive Director, in
                    coordination with the Administrator of General Services,
                    shall maintain an online database to be known as the
                    ``Permitting Dashboard'' to track the status of Federal
                    environmental reviews and authorizations for any covered
                    project in the inventory described in section
                    41002(c)(1)(A).
                        (B) Specific and searchable entry.--The Dashboard
                    shall include a specific and searchable entry for each
                    covered project.
                (2) Additions.--
                        (A) In general.--
                              (i) Existing projects.--Not later than 14 days
                          after the date on which the Executive Director
                          adds a project to the inventory under section
                          41002(c)(1)(A), the Executive Director shall
                          create a specific entry on the Dashboard for the
                          covered project.

    [[Page 129 STAT. 1749]]

                              (ii) New projects.--Not later than 14 days
                          after the date on which the Executive Director
                          receives a notice under subsection (a)(1), the
                          Executive Director shall create a specific entry
                          on the Dashboard for the covered project, unless
                          the Executive Director, facilitating agency, or
                          lead agency, as applicable, determines that the
                          project is not a covered project.
                        (B) Explanation.--If the facilitating agency or lead
                    agency, as applicable, determines that the project is
                    not a covered project, the project sponsor may submit a
                    further explanation as to why the project is a covered
                    project not later than 14 days after the date of the
                    determination under subparagraph (A).
                        (C) Final determination.--Not later than 14 days
                    after receiving an explanation described in subparagraph
                    (B), the Executive Director shall--
                              (i) make a final and conclusive determination
                          as to whether the project is a covered project;
                          and
                              (ii) if the Executive Director determines that
                          the project is a covered project, create a
                          specific entry on the Dashboard for the covered
                          project.
                (3) Postings by agencies.--
                        (A) In general.--For each covered project added to
                    the Dashboard under paragraph (2), the facilitating or
                    lead agency, as applicable, and each cooperating and
                    participating agency shall post to the Dashboard--
                              (i) a hyperlink that directs to a website that
                          contains, to the extent consistent with applicable
                          law--
                                        (I) the notification submitted under
                                    subsection (a)(1);
                                        (II)(aa) where practicable, the
                                    application and supporting documents, if
                                    applicable, that have been submitted by
                                    a project sponsor for any required
                                    environmental review or authorization;
                                    or
                                        (bb) a notice explaining how the
                                    public may obtain access to such
                                    documents;
                                        (III) a description of any Federal
                                    agency action taken or decision made
                                    that materially affects the status of a
                                    covered project;
                                        (IV) any significant document that
                                    supports the action or decision
                                    described in subclause (III); and
                                        (V) a description of the status of
                                    any litigation to which the agency is a
                                    party that is directly related to the
                                    project, including, if practicable, any
                                    judicial document made available on an
                                    electronic docket maintained by a
                                    Federal, State, or local court; and
                              (ii) any document described in clause (i) that
                          is not available by hyperlink on another website.
                        (B) Deadline.--The information described in
                    subparagraph (A) shall be posted to the website made
                    available by hyperlink on the Dashboard not later than 5
                    business days after the date on which the Federal agency
                    receives the information.

    [[Page 129 STAT. 1750]]

                (4) Postings by the executive director.--The Executive
            Director shall publish to the Dashboard--
                        (A) the permitting timetable established under
                    subparagraph (A) or (C) of subsection (c)(2);
                        (B) the status of the compliance of each agency with
                    the permitting timetable;
                        (C) any modifications of the permitting timetable;
                        (D) an explanation of each modification described in
                    subparagraph (C); and
                        (E) any memorandum of understanding established
                    under subsection (c)(3)(B).

        (c) Coordination and Timetables.--
                (1) Coordinated project plan.--
                        (A) In general.--Not later than 60 days after the
                    date on which the Executive Director must make a
                    specific entry for the project on the Dashboard under
                    subsection (b)(2)(A), the facilitating or lead agency,
                    as applicable, in consultation with each coordinating
                    and participating agency, shall establish a concise plan
                    for coordinating public and agency participation in, and
                    completion of, any required Federal environmental review
                    and authorization for the project.
                        (B) Required information.--The Coordinated Project
                    Plan shall include the following information and be
                    updated by the facilitating or lead agency, as
                    applicable, at least once per quarter:
                              (i) A list of, and roles and responsibilities
                          for, all entities with environmental review or
                          authorization responsibility for the project.
                              (ii) A permitting timetable, as described in
                          paragraph (2), setting forth a comprehensive
                          schedule of dates by which all environmental
                          reviews and authorizations, and to the maximum
                          extent practicable, State permits, reviews and
                          approvals must be made.
                              (iii) A discussion of potential avoidance,
                          minimization, and mitigation strategies, if
                          required by applicable law and known.
                              (iv) Plans and a schedule for public and
                          tribal outreach and coordination, to the extent
                          required by applicable law.
                        (C) Memorandum of understanding.--The coordinated
                    project plan described in subparagraph (A) may be
                    incorporated into a memorandum of understanding.
                (2) Permitting timetable.--
                        (A) Establishment.--As part of the coordination
                    project plan under paragraph (1), the facilitating or
                    lead agency, as applicable, in consultation with each
                    cooperating and participating agency, the project
                    sponsor, and any State in which the project is located,
                    and, subject to subparagraph (C), with the concurrence
                    of each cooperating agency, shall establish a permitting
                    timetable that includes intermediate and final
                    completion dates for action by each participating agency
                    on any Federal environmental review or authorization
                    required for the project.

    [[Page 129 STAT. 1751]]

                        (B) Factors for consideration.--In establishing the
                    permitting timetable under subparagraph (A), the
                    facilitating or lead agency shall follow the performance
                    schedules established under section 41002(c)(1)(C), but
                    may vary the timetable based on relevant factors,
                    including--
                              (i) the size and complexity of the covered
                          project;
                              (ii) the resources available to each
                          participating agency;
                              (iii) the regional or national economic
                          significance of the project;
                              (iv) the sensitivity of the natural or
                          historic resources that may be affected by the
                          project;
                              (v) the financing plan for the project; and
                              (vi) the extent to which similar projects in
                          geographic proximity to the project were recently
                          subject to environmental review or similar
                          procedures under State law.
                        (C) Dispute resolution.--
                              (i) In general.--The Executive Director, in
                          consultation with appropriate agency CERPOs and
                          the project sponsor, shall, as necessary, mediate
                          any disputes regarding the permitting timetable
                          referred to under subparagraph (A).
                              (ii) Disputes.--If a dispute remains
                          unresolved 30 days after the date on which the
                          dispute was submitted to the Executive Director,
                          the Director of the Office of Management and
                          Budget, in consultation with the Chairman of the
                          Council on Environmental Quality, shall facilitate
                          a resolution of the dispute and direct the
                          agencies party to the dispute to resolve the
                          dispute by the end of the 60-day period beginning
                          on the date of submission of the dispute to the
                          Executive Director.
                              (iii) Final resolution.--Any action taken by
                          the Director of the Office of Management and
                          Budget in the resolution of a dispute under clause
                          (ii) shall--
                                        (I) be final and conclusive; and
                                        (II) not be subject to judicial
                                    review.
                        (D) Modification after approval.--
                              (i) In general.--The facilitating or lead
                          agency, as applicable, may modify a permitting
                          timetable established under subparagraph (A) only
                          if--
                                        (I) the facilitating or lead agency,
                                    as applicable, and the affected
                                    cooperating agencies, after consultation
                                    with the participating agencies and the
                                    project sponsor, agree to a different
                                    completion date;
                                        (II) the facilitating agency or lead
                                    agency, as applicable, or the affected
                                    cooperating agency provides a written
                                    justification for the modification; and
                                        (III) in the case of a modification
                                    that would necessitate an extension of a
                                    final completion date under a permitting
                                    timetable established under subparagraph
                                    (A) to a date more than 30 days after
                                    the final completion date originally
                                    established under subparagraph (A), the
                                    facilitating or

    [[Page 129 STAT. 1752]]

                                    lead agency submits a request to modify
                                    the permitting timetable to the
                                    Executive Director, who shall consult
                                    with the project sponsor and make a
                                    determination on the record, based on
                                    consideration of the relevant factors
                                    described under subparagraph (B),
                                    whether to grant the facilitating or
                                    lead agency, as applicable, authority to
                                    make such modification.
                              (ii) Completion date.--A completion date in
                          the permitting timetable may not be modified
                          within 30 days of the completion date.
                              (iii) Limitation on length of modifications.--
                                        (I) In general.--Except as provided
                                    in subclause (II), the total length of
                                    all modifications to a permitting
                                    timetable authorized or made under this
                                    subparagraph, other than for reasons
                                    outside the control of Federal, State,
                                    local, or tribal governments, may not
                                    extend the permitting timetable for a
                                    period of time greater than half of the
                                    amount of time from the establishment of
                                    the permitting timetable under
                                    subparagraph (A) to the last final
                                    completion date originally established
                                    under subparagraph (A).
                                        (II) Additional extensions.--The
                                    Director of the Office of Management and
                                    Budget, after consultation with the
                                    project sponsor, may permit the
                                    Executive Director to authorize
                                    additional extensions of a permitting
                                    timetable beyond the limit prescribed by
                                    subclause (I). In such a case, the
                                    Director of the Office of Management and
                                    Budget shall transmit, not later than 5
                                    days after making a determination to
                                    permit an authorization of extension
                                    under this subclause, a report to
                                    Congress explaining why such
                                    modification is required. Such report
                                    shall explain to Congress with
                                    specificity why the original permitting
                                    timetable and the modifications
                                    authorized by the Executive Director
                                    failed to be adequate. The lead or
                                    facilitating agency, as applicable,
                                    shall transmit to Congress, the Director
                                    of the Office of Management and Budget,
                                    and the Executive Director a
                                    supplemental report on progress toward
                                    the final completion date each year
                                    thereafter, until the permit review is
                                    completed or the project sponsor
                                    withdraws its notice or application or
                                    other request to which this title
                                    applies under section 41010.
                              (iv) Limitation on judicial review.--The
                          following shall not be subject to judicial review:
                                        (I) A determination by the Executive
                                    Director under clause (i)(III).
                                        (II) A determination under clause
                                    (iii)(II) by the Director of the Office
                                    of Management and Budget to permit the
                                    Executive Director to authorize
                                    extensions of a permitting timetable.
                        (E) Consistency with other time periods.--A
                    permitting timetable established under subparagraph (A)
                    shall be consistent with any other relevant time periods

    [[Page 129 STAT. 1753]]

                    established under Federal law and shall not prevent any
                    cooperating or participating agency from discharging any
                    obligation under Federal law in connection with the
                    project.
                        (F) Conforming to permitting timetables.--
                              (i) In general.--Each Federal agency shall
                          conform to the completion dates set forth in the
                          permitting timetable established under
                          subparagraph (A), or with any completion date
                          modified under subparagraph (D).
                              (ii) Failure to conform.--If a Federal agency
                          fails to conform with a completion date for agency
                          action on a covered project or is at significant
                          risk of failing to conform with such a completion
                          date, the agency shall--
                                        (I) promptly submit to the Executive
                                    Director for publication on the
                                    Dashboard an explanation of the specific
                                    reasons for failing or significantly
                                    risking failing to conform to the
                                    completion date and a proposal for an
                                    alternative completion date;
                                        (II) in consultation with the
                                    facilitating or lead agency, as
                                    applicable, establish an alternative
                                    completion date; and
                                        (III) each month thereafter until
                                    the agency has taken final action on the
                                    delayed authorization or review, submit
                                    to the Executive Director for posting on
                                    the Dashboard a status report describing
                                    any agency activity related to the
                                    project.
                        (G) Abandonment of covered project.--
                              (i) In general.--If the facilitating or lead
                          agency, as applicable, has a reasonable basis to
                          doubt the continuing technical or financial
                          ability of the project sponsor to construct the
                          covered project, the facilitating or lead agency
                          may request the project sponsor provide an updated
                          statement regarding the ability of the project
                          sponsor to complete the project.
                              (ii) Failure to respond.--If the project
                          sponsor fails to respond to a request described in
                          clause (i) by the date that is 30 days after
                          receiving the request, the lead or facilitating
                          agency, as applicable, shall notify the Executive
                          Director, who shall publish an appropriate notice
                          on the Dashboard.
                              (iii) Publication to dashboard.--On
                          publication of a notice under clause (ii), the
                          completion dates in the permitting timetable shall
                          be tolled and agencies shall be relieved of the
                          obligation to comply with subparagraph (F) until
                          such time as the project sponsor submits to the
                          facilitating or lead agency, as applicable, an
                          updated statement regarding the technical and
                          financial ability of the project sponsor to
                          construct the project.
                (3) Cooperating state, local, or tribal governments.--
                        (A) State authority.--If the Federal environmental
                    review is being implemented within the boundaries of a
                    State, the State, consistent with State law, may choose
                    to participate in the environmental review and
                    authorization process under this subsection and to make
                    subject to the process all State agencies that--

    [[Page 129 STAT. 1754]]

                              (i) have jurisdiction over the covered
                          project;
                              (ii) are required to conduct or issue a
                          review, analysis, opinion, or statement for the
                          covered project; or
                              (iii) are required to make a determination on
                          issuing a permit, license, or other approval or
                          decision for the covered project.
                        (B) Coordination.--To the maximum extent practicable
                    under applicable law, the facilitating or lead agency,
                    as applicable, shall coordinate the Federal
                    environmental review and authorization processes under
                    this subsection with any State, local, or tribal agency
                    responsible for conducting any separate review or
                    authorization of the covered project to ensure timely
                    and efficient completion of environmental reviews and
                    authorizations.
                        (C) Memorandum of understanding.--
                              (i) In general.--Any coordination plan between
                          the facilitating or lead agency, as applicable,
                          and any State, local, or tribal agency shall, to
                          the maximum extent practicable, be included in a
                          memorandum of understanding.
                              (ii) Submission to executive director.--The
                          facilitating or lead agency, as applicable, shall
                          submit to the Executive Director each memorandum
                          of understanding described in clause (i).
                        (D) Applicability.--The requirements under this
                    title shall only apply to a State or an authorization
                    issued by a State if the State has chosen to participate
                    in the environmental review and authorization process
                    pursuant to this paragraph.

        (d) Early Consultation.--The facilitating or lead agency, as
    applicable, shall provide an expeditious process for project sponsors to
    confer with each cooperating and participating agency involved and, not
    later than 60 days after the date on which the project sponsor submits a
    request under this subsection, to have each such agency provide to the
    project sponsor information concerning--
                (1) the availability of information and tools, including
            pre-application toolkits, to facilitate early planning efforts;
                (2) key issues of concern to each agency and to the public;
            and
                (3) issues that must be addressed before an environmental
            review or authorization can be completed.

        (e) Cooperating Agency.--
                (1) In general.--A lead agency may designate a participating
            agency as a cooperating agency in accordance with part 1501 of
            title 40, Code of Federal Regulations (or successor
            regulations).
                (2) Effect on other designation.--The designation described
            in paragraph (1) shall not affect any designation under
            subsection (a)(3).
                (3) Limitation on designation.--Any agency not designated as
            a participating agency under subsection (a)(3) shall not be
            designated as a cooperating agency under paragraph (1).

        (f) Reporting Status of Other Projects on Dashboard.--
                (1) In general.--On request of the Executive Director, the
            Secretary and the Secretary of the Army shall use best efforts
            to provide information for inclusion on the Dashboard

    [[Page 129 STAT. 1755]]

            on projects subject to section 139 of title 23, United States
            Code, and section 2045 of the Water Resources Development Act of
            2007 (33 U.S.C. 2348) likely to require--
                        (A) a total investment of more than $200,000,000;
                    and
                        (B) an environmental impact statement under NEPA.
                (2) Effect of inclusion on dashboard.--Inclusion on the
            Dashboard of information regarding projects subject to section
            139 of title 23, United States Code, or section 2045 of the
            Water Resources Development Act of 2007 (33 U.S.C. 2348) shall
            not subject those projects to any requirements of this title.
    SEC. 41004. <<NOTE: 42 USC 4370m-3.>> INTERSTATE COMPACTS.

        (a) In General.--The consent of Congress is given for 3 or more
    contiguous States to enter into an interstate compact establishing
    regional infrastructure development agencies to facilitate authorization
    and review of covered projects, under State law or in the exercise of
    delegated permitting authority described under section 41006, that will
    advance infrastructure development, production, and generation within
    the States that are parties to the compact.
        (b) Regional Infrastructure.--For the purpose of this title, a
    regional infrastructure development agency referred to in subsection (a)
    shall have the same authorities and responsibilities of a State agency.
    SEC. 41005. <<NOTE: 42 USC 4370m-4.>> COORDINATION OF REQUIRED
                                REVIEWS.

        (a) Concurrent Reviews.--To integrate environmental reviews and
    authorizations, each agency shall, to the maximum extent practicable--
                (1) carry out the obligations of the agency with respect to
            a covered project under any other applicable law concurrently,
            and in conjunction with, other environmental reviews and
            authorizations being conducted by other cooperating or
            participating agencies, including environmental reviews and
            authorizations required under NEPA, unless the agency determines
            that doing so would impair the ability of the agency to carry
            out the statutory obligations of the agency; and
                (2) formulate and implement administrative, policy, and
            procedural mechanisms to enable the agency to ensure completion
            of the environmental review process in a timely, coordinated,
            and environmentally responsible manner.

        (b) Adoption, Incorporation by Reference, and Use of Documents.--
                (1) State environmental documents; supplemental documents.--
                        (A) Use of existing documents.--
                              (i) In general.--On the request of a project
                          sponsor, a lead agency shall consider and, as
                          appropriate, adopt or incorporate by reference,
                          the analysis and documentation that has been
                          prepared for a covered project under State laws
                          and procedures as the documentation, or part of
                          the documentation, required to complete an
                          environmental review for the covered project, if
                          the analysis and documentation were, as determined
                          by the lead agency in consultation with the
                          Council on Environmental Quality, prepared under
                          circumstances that allowed for opportunities for
                          public

    [[Page 129 STAT. 1756]]

                          participation and consideration of alternatives,
                          environmental consequences, and other required
                          analyses that are substantially equivalent to what
                          would have been available had the documents and
                          analysis been prepared by a Federal agency
                          pursuant to NEPA.
                              (ii) Guidance by ceq.--The Council on
                          Environmental Quality may issue guidance to carry
                          out this subsection.
                        (B) NEPA obligations.--An environmental document
                    adopted under subparagraph (A) or a document that
                    includes documentation incorporated under subparagraph
                    (A) may serve as the documentation required for an
                    environmental review or a supplemental environmental
                    review required to be prepared by a lead agency under
                    NEPA.
                        (C) Supplementation of state documents.--If the lead
                    agency adopts or incorporates analysis and documentation
                    described in subparagraph (A), the lead agency shall
                    prepare and publish a supplemental document if the lead
                    agency determines that during the period after
                    preparation of the analysis and documentation and before
                    the adoption or incorporation--
                              (i) a significant change has been made to the
                          covered project that is relevant for purposes of
                          environmental review of the project; or
                              (ii) there has been a significant circumstance
                          or new information has emerged that is relevant to
                          the environmental review for the covered project.
                        (D) Comments.--If a lead agency prepares and
                    publishes a supplemental document under subparagraph
                    (C), the lead agency shall solicit comments from other
                    agencies and the public on the supplemental document for
                    a period of not more than 45 days, beginning on the date
                    on which the supplemental document is published,
                    unless--
                              (i) the lead agency, the project sponsor, and
                          any cooperating agency agree to a longer deadline;
                          or
                              (ii) the lead agency extends the deadline for
                          good cause.
                        (E) Notice of outcome of environmental review.--A
                    lead agency shall issue a record of decision or finding
                    of no significant impact, as appropriate, based on the
                    document adopted under subparagraph (A) and any
                    supplemental document prepared under subparagraph (C).

        (c) Alternatives Analysis.--
                (1) Participation.--
                        (A) In general.--As early as practicable during the
                    environmental review, but not later than the
                    commencement of scoping for a project requiring the
                    preparation of an environmental impact statement, the
                    lead agency shall engage the cooperating agencies and
                    the public to determine the range of reasonable
                    alternatives to be considered for a covered project.
                        (B) Determination.--The determination under
                    subparagraph (A) shall be completed not later than the
                    completion of scoping.
                (2) Range of alternatives.--

    [[Page 129 STAT. 1757]]

                        (A) In general.--Following participation under
                    paragraph (1) and subject to subparagraph (B), the lead
                    agency shall determine the range of reasonable
                    alternatives for consideration in any document that the
                    lead agency is responsible for preparing for the covered
                    project.
                        (B) Alternatives required by law.--In determining
                    the range of alternatives under subparagraph (A), the
                    lead agency shall include all alternatives required to
                    be considered by law.
                (3) Methodologies.--
                        (A) In general.--The lead agency shall determine, in
                    collaboration with each cooperating agency at
                    appropriate times during the environmental review, the
                    methodologies to be used and the level of detail
                    required in the analysis of each alternative for a
                    covered project.
                        (B) Environmental review.--A cooperating agency
                    shall use the methodologies referred to in subparagraph
                    (A) when conducting any required environmental review,
                    to the extent consistent with existing law.
                (4) Preferred alternative.--With the concurrence of the
            cooperating agencies with jurisdiction under Federal law and at
            the discretion of the lead agency, the preferred alternative for
            a project, after being identified, may be developed to a higher
            level of detail than other alternatives to facilitate the
            development of mitigation measures or concurrent compliance with
            other applicable laws if the lead agency determines that the
            development of the higher level of detail will not prevent--
                        (A) the lead agency from making an impartial
                    decision as to whether to accept another alternative
                    that is being considered in the environmental review;
                    and
                        (B) the public from commenting on the preferred and
                    other alternatives.

        (d) Environmental Review Comments.--
                (1) Comments on draft environmental impact statement.--For
            comments by an agency or the public on a draft environmental
            impact statement, the lead agency shall establish a comment
            period of not less than 45 days and not more than 60 days after
            the date on which a notice announcing availability of the
            environmental impact statement is published in the Federal
            Register, unless--
                        (A) the lead agency, the project sponsor, and any
                    cooperating agency agree to a longer deadline; or
                        (B) the lead agency, in consultation with each
                    cooperating agency, extends the deadline for good cause.
                (2) Other review and comment periods.--For all other review
            or comment periods in the environmental review process described
            in parts 1500 through 1508 of title 40, Code of Federal
            Regulations (or successor regulations), the lead agency shall
            establish a comment period of not more than 45 days after the
            date on which the materials on which comment is requested are
            made available, unless--
                        (A) the lead agency, the project sponsor, and any
                    cooperating agency agree to a longer deadline; or
                        (B) the lead agency extends the deadline for good
                    cause.

        (e) Issue Identification and Resolution.--
                (1) Cooperation.--The lead agency and each cooperating and
            participating agency shall work cooperatively in accordance

    [[Page 129 STAT. 1758]]

            with this section to identify and resolve issues that could
            delay completion of an environmental review or an authorization
            required for the project under applicable law or result in the
            denial of any approval under applicable law.
                (2) Lead agency responsibilities.--
                        (A) In general.--The lead agency shall make
                    information available to each cooperating and
                    participating agency and project sponsor as early as
                    practicable in the environmental review regarding the
                    environmental, historic, and socioeconomic resources
                    located within the project area and the general
                    locations of the alternatives under consideration.
                        (B) Sources of information.--The information
                    described in subparagraph (A) may be based on existing
                    data sources, including geographic information systems
                    mapping.
                (3) Cooperating and participating agency responsibilities.--
            Each cooperating and participating agency shall--
                        (A) identify, as early as practicable, any issues of
                    concern regarding any potential environmental impacts of
                    the covered project, including any issues that could
                    substantially delay or prevent an agency from completing
                    any environmental review or authorization required for
                    the project; and
                        (B) communicate any issues described in subparagraph
                    (A) to the project sponsor.

        (f) Categories of Projects.--The authorities granted under this
    section may be exercised for an individual covered project or a category
    of covered projects.
    SEC. 41006. <<NOTE: 42 USC 4370m-5.>> DELEGATED STATE PERMITTING
                                PROGRAMS.

        (a) In General.--If a Federal statute permits a Federal agency to
    delegate to or otherwise authorize a State to issue or otherwise
    administer a permit program in lieu of the Federal agency, the Federal
    agency with authority to carry out the statute shall--
                (1) on publication by the Council of best practices under
            section 41002(c)(2)(B), initiate a national process, with public
            participation, to determine whether and the extent to which any
            of the best practices are generally applicable on a delegation-
            or authorization-wide basis to permitting under the statute; and
                (2) not later than 2 years after the date of enactment of
            this Act, make model recommendations for State modifications of
            the applicable permit program to reflect the best practices
            described in section 41002(c)(2)(B), as appropriate.

        (b) Best Practices.--Lead and cooperating agencies may share with
    State, tribal, and local authorities best practices involved in review
    of covered projects and invite input from State, tribal, and local
    authorities regarding best practices.
    SEC. 41007. <<NOTE: 42 USC 4370m-6.>> LITIGATION, JUDICIAL REVIEW,
                                AND SAVINGS PROVISION.

        (a) Limitations on Claims.--
                (1) In general.--Notwithstanding any other provision of law,
            a claim arising under Federal law seeking judicial review of any
            authorization issued by a Federal agency for a covered project
            shall be barred unless--
                        (A) the action is filed not later than 2 years after
                    the date of publication in the Federal Register of the
                    final

    [[Page 129 STAT. 1759]]

                    record of decision or approval or denial of a permit,
                    unless a shorter time is specified in the Federal law
                    under which judicial review is allowed; and
                        (B) in the case of an action pertaining to an
                    environmental review conducted under NEPA--
                              (i) the action is filed by a party that
                          submitted a comment during the environmental
                          review; and
                              (ii) any commenter filed a sufficiently
                          detailed comment so as to put the lead agency on
                          notice of the issue on which the party seeks
                          judicial review, or the lead agency did not
                          provide a reasonable opportunity for such a
                          comment on that issue.
                (2) New information.--
                        (A) In general.--The head of a lead agency or
                    participating agency shall consider new information
                    received after the close of a comment period if the
                    information satisfies the requirements under regulations
                    implementing NEPA.
                        (B) Separate action.--If Federal law requires the
                    preparation of a supplemental environmental impact
                    statement or other supplemental environmental document,
                    the preparation of such document shall be considered a
                    separate final agency action and the deadline for filing
                    a claim for judicial review of the agency action shall
                    be 2 years after the date on which a notice announcing
                    the final agency action is published in the Federal
                    Register, unless a shorter time is specified in the
                    Federal law under which judicial review is allowed.
                (3) Rule of construction.--Nothing in this subsection
            creates a right to judicial review or places any limit on filing
            a claim that a person has violated the terms of an
            authorization.

        (b) Preliminary Injunctive Relief.--In addition to considering any
    other applicable equitable factors, in any action seeking a temporary
    restraining order or preliminary injunction against an agency or a
    project sponsor in connection with review or authorization of a covered
    project, the court shall--
                (1) consider the potential effects on public health, safety,
            and the environment, and the potential for significant negative
            effects on jobs resulting from an order or injunction; and
                (2) not presume that the harms described in paragraph (1)
            are reparable.

        (c) Judicial Review.--Except as provided in subsection (a), nothing
    in this title affects the reviewability of any final Federal agency
    action in a court of competent jurisdiction.
        (d) Savings Clause.--Nothing in this title--
                (1) supersedes, amends, or modifies any Federal statute or
            affects the responsibility of any Federal officer to comply with
            or enforce any statute; or
                (2) creates a presumption that a covered project will be
            approved or favorably reviewed by any agency.

        (e) Limitations.--Nothing in this section preempts, limits, or
    interferes with--
                (1) any practice of seeking, considering, or responding to
            public comment; or
                (2) any power, jurisdiction, responsibility, or authority
            that a Federal, State, or local governmental agency,
            metropolitan planning organization, Indian tribe, or project
            sponsor has with

    [[Page 129 STAT. 1760]]

            respect to carrying out a project or any other provisions of law
            applicable to any project, plan, or program.
    SEC. 41008. <<NOTE: 42 USC 4370m-7.>> REPORTS.

        (a) Report to Congress.--
                (1) In general.--Not later than April 15 of each year for 10
            years beginning on the date of enactment of this Act, the
            Executive Director shall submit to Congress a report detailing
            the progress accomplished under this title during the previous
            fiscal year.
                (2) Contents.--The report described in paragraph (1) shall
            assess the performance of each participating agency and lead
            agency based on the best practices described in section
            41002(c)(2)(B), including--
                        (A) agency progress in making improvements
                    consistent with those best practices; and
                        (B) agency compliance with the performance schedules
                    established under section 41002(c)(1)(C).
                (3) Opportunity to include comments.--Each councilmember,
            with input from the respective agency CERPO, shall have the
            opportunity to include comments concerning the performance of
            the agency in the report described in paragraph (1).

        (b) Comptroller General Report.--Not later than 3 years after the
    date of enactment of this Act, the Comptroller General of the United
    States shall submit to Congress a report that describes--
                (1) agency progress in making improvements consistent with
            the best practices issued under section 41002(c)(2)(B); and
                (2) agency compliance with the performance schedules
            established under section 41002(c)(1)(C).
    SEC. 41009. <<NOTE: 42 USC 4370m-8.>> FUNDING FOR GOVERNANCE,
                                OVERSIGHT, AND PROCESSING OF
                                ENVIRONMENTAL REVIEWS AND PERMITS.

        (a) In General.--The heads of agencies listed in section
    41002(b)(2)(B), with the guidance of the Director of the Office of
    Management and Budget and in consultation with the Executive Director,
    may, after public notice and opportunity for comment, issue regulations
    establishing a fee structure for project proponents to reimburse the
    United States for reasonable costs incurred in conducting environmental
    reviews and authorizations for covered projects.
        (b) Reasonable Costs.--As used in this section, the term
    ``reasonable costs'' shall include costs to implement the requirements
    and authorities required under sections 41002 and 41003, including the
    costs to agencies and the costs of operating the Council.
        (c) Fee Structure.--The fee structure established under subsection
    (a) shall--
                (1) be developed in consultation with affected project
            proponents, industries, and other stakeholders;
                (2) exclude parties for which the fee would impose an undue
            financial burden or is otherwise determined to be inappropriate;
            and
                (3) be established in a manner that ensures that the
            aggregate amount of fees collected for a fiscal year is
            estimated not to exceed 20 percent of the total estimated costs
            for the fiscal year for the resources allocated for the conduct
            of the

    [[Page 129 STAT. 1761]]

            environmental reviews and authorizations covered by this title,
            as determined by the Director of the Office of Management and
            Budget.

        (d) Environmental Review and Permitting Improvement Fund.--
                (1) In general.--All amounts collected pursuant to this
            section shall be deposited into a separate fund in the Treasury
            of the United States to be known as the ``Environmental Review
            Improvement Fund'' (referred to in this section as the
            ``Fund'').
                (2) Availability.--Amounts in the Fund shall be available to
            the Executive Director, without appropriation or fiscal year
            limitation, solely for the purposes of administering,
            implementing, and enforcing this title, including the expenses
            of the Council.
                (3) Transfer.--The Executive Director, with the approval of
            the Director of the Office of Management and Budget, may
            transfer amounts in the Fund to other agencies to facilitate
            timely and efficient environmental reviews and authorizations
            for proposed covered projects.

        (e) Effect on Permitting.--The regulations adopted pursuant to
    subsection (a) shall ensure that the use of funds accepted under
    subsection (d) will not impact impartial decision-making with respect to
    environmental reviews or authorizations, either substantively or
    procedurally.
        (f) Transfer of Appropriated Funds.--
                (1) In general.--The heads of agencies listed in section
            41002(b)(2)(B) shall have the authority to transfer, in
            accordance with section 1535 of title 31, United States Code,
            funds appropriated to those agencies and not otherwise obligated
            to other affected Federal agencies for the purpose of
            implementing the provisions of this title.
                (2) Limitation.--Appropriations under title 23, United
            States Code and appropriations for the civil works program of
            the Army Corps of Engineers shall not be available for transfer
            under paragraph (1).
    SEC. 41010. <<NOTE: 42 USC 4370m-9.>> APPLICATION.

        This title applies to any covered project for which--
                (1) a notice is filed under section 41003(a)(1); or
                (2) an application or other request for a Federal
            authorization is pending before a Federal agency 90 days after
            the date of enactment of this Act.
    SEC. 41011. <<NOTE: 42 USC 4370m-10.>> GAO REPORT.

        Not later than 3 years after the date of enactment of this Act, the
    Comptroller General of the United States shall submit to Congress a
    report that includes an analysis of whether the provisions of this title
    could be adapted to streamline the Federal permitting process for
    smaller projects that are not covered projects.
    SEC. 41012. <<NOTE: 42 USC 4370m-11.>> SAVINGS PROVISION.

        Nothing in this title amends the National Environmental Policy Act
    of 1969 (42 U.S.C. 4321 et seq.).
    SEC. 41013. <<NOTE: 42 USC 4370m-12.>> SUNSET.

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

    [[Page 129 STAT. 1762]]

    SEC. 41014. <<NOTE: 42 USC 4370m-13.>> PLACEMENT.

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

                        TITLE XLII--ADDITIONAL PROVISIONS

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

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

           TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES

    SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.

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

    [[Page 129 STAT. 1763]]

                                        ``(I) the final 2 installments in 2
                                    separate payments of $82,700,000 each;
                                    and
                                        ``(II) 2 separate payments of
                                    $38,250,000 each.''; and
                (2) by striking paragraphs (5) and (6).

     DIVISION E-- <<NOTE: Export-Import Bank Reform and Reauthorization Act
    of 2015.>> EXPORT-IMPORT BANK OF THE UNITED STATES
    SEC. 50001. <<NOTE: 12 USC 635 note.>> SHORT TITLE.

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

      TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY

    SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING LOANS,
                                GUARANTEES, AND INSURANCE.

        Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
    635e(a)) is amended--
                (1) by redesignating paragraph (3) as paragraph (4); and
                (2) by striking paragraph (2) and inserting the following:
                ``(2) Applicable amount defined.--In this subsection, the
            term `applicable amount', for each of fiscal years 2015 through
            2019, means $135,000,000,000.
                ``(3) Freezing of lending cap if default rate is 2 percent
            or more.--If the rate calculated under section 8(g)(1) is 2
            percent or more for a quarter, the Bank may not exceed the
            amount of loans, guarantees, and insurance outstanding on the
            last day of that quarter until the rate calculated under section
            8(g)(1) is less than 2 percent.''.
    SEC. 51002. INCREASE IN LOSS RESERVES.

        (a) In General.--Section 6 of the Export-Import Bank Act of 1945 (12
    U.S.C. 635e) is amended--
                (1) by redesignating subsection (b) as subsection (c); and
                (2) by inserting after subsection (a) the following:

        ``(b) Reserve Requirement.--The Bank shall build to and hold in
    reserve, to protect against future losses, an amount that is not less
    than 5 percent of the aggregate amount of disbursed and outstanding
    loans, guarantees, and insurance of the Bank.''.
        (b) <<NOTE: 12 USC 635e.>> Effective Date.--The amendment made by
    subsection (a) shall take effect on the date that is one year after the
    date of the enactment of this Act.
    SEC. 51003. REVIEW OF FRAUD CONTROLS.

        Section 17(b) of the Export-Import Bank Reauthorization Act of 2012
    (12 U.S.C. 635a-6(b)) is amended to read as follows:
        ``(b) Review of Fraud Controls.--Not later than 4 years after the
    date of the enactment of the Export-Import Bank Reform and
    Reauthorization Act of 2015, and every 4 years thereafter, the
    Comptroller General of the United States shall--

    [[Page 129 STAT. 1764]]

                ``(1) review the adequacy of the design and effectiveness of
            the controls used by the Export-Import Bank of the United States
            to prevent, detect, and investigate fraudulent applications for
            loans and guarantees and the compliance by the Bank with the
            controls, including by auditing a sample of Bank transactions;
            and
                ``(2) submit a written report regarding the findings of the
            review and providing such recommendations with respect to the
            controls described in paragraph (1) as the Comptroller General
            deems appropriate to--
                        ``(A) the Committee on Banking, Housing, and Urban
                    Affairs and the Committee on Appropriations of the
                    Senate; and
                        ``(B) the Committee on Financial Services and the
                    Committee on Appropriations of the House of
                    Representatives.''.
    SEC. 51004. OFFICE OF ETHICS.

        Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is
    amended by adding at the end the following:
        ``(k) Office of Ethics.--
                ``(1) Establishment.--There is established an Office of
            Ethics within the Bank, which shall oversee all ethics issues
            within the Bank.
                ``(2) Head of office.--
                        ``(A) In general.--The head of the Office of Ethics
                    shall be the Chief Ethics Officer, who shall report to
                    the Board of Directors.
                        ``(B) Appointment.--Not later than 180 days after
                    the date of the enactment of the Export-Import Bank
                    Reform and Reauthorization Act of 2015, the Chief Ethics
                    Officer shall be--
                              ``(i) appointed by the President of the Bank
                          from among persons--
                                        ``(I) with a background in law who
                                    have experience in the fields of law and
                                    ethics; and
                                        ``(II) who are not serving in a
                                    position requiring appointment by the
                                    President of the United States before
                                    being appointed to be Chief Ethics
                                    Officer; and
                              ``(ii) approved by the Board.
                        ``(C) Designated agency ethics official.--The Chief
                    Ethics Officer shall serve as the designated agency
                    ethics official for the Bank pursuant to the Ethics in
                    Government Act of 1978 (5 U.S.C. App. 101 et seq.).
                ``(3) Duties.--The Office of Ethics has jurisdiction over
            all employees of, and ethics matters relating to, the Bank. With
            respect to employees of the Bank, the Office of Ethics shall--
                        ``(A) recommend administrative actions to establish
                    or enforce standards of official conduct;
                        ``(B) refer to the Office of the Inspector General
                    of the Bank alleged violations of--
                              ``(i) the standards of ethical conduct
                          applicable to employees of the Bank under parts
                          2635 and 6201 of title 5, Code of Federal
                          Regulations;
                              ``(ii) the standards of ethical conduct
                          established by the Chief Ethics Officer; and

    [[Page 129 STAT. 1765]]

                              ``(iii) any other laws, rules, or regulations
                          governing the performance of official duties or
                          the discharge of official responsibilities that
                          are applicable to employees of the Bank;
                        ``(C) report to appropriate Federal or State
                    authorities substantial evidence of a violation of any
                    law applicable to the performance of official duties
                    that may have been disclosed to the Office of Ethics;
                    and
                        ``(D) render advisory opinions regarding the
                    propriety of any current or proposed conduct of an
                    employee or contractor of the Bank, and issue general
                    guidance on such matters as necessary.''.
    SEC. 51005. CHIEF RISK OFFICER.

        Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a), as
    amended by section 91004, is further amended by adding at the end the
    following:
        ``(l) Chief Risk Officer.--
                ``(1) In general.--There shall be a Chief Risk Officer of
            the Bank, who shall--
                        ``(A) oversee all issues relating to risk within the
                    Bank; and
                        ``(B) report to the President of the Bank.
                ``(2) Appointment.--Not later than 180 days after the date
            of the enactment of the Export-Import Bank Reform and
            Reauthorization Act of 2015, the Chief Risk Officer shall be--
                        ``(A) appointed by the President of the Bank from
                    among persons--
                              ``(i) with a demonstrated ability in the
                          general management of, and knowledge of and
                          extensive practical experience in, financial risk
                          evaluation practices in large governmental or
                          business entities; and
                              ``(ii) who are not serving in a position
                          requiring appointment by the President of the
                          United States before being appointed to be Chief
                          Risk Officer; and
                        ``(B) approved by the Board.
                ``(3) Duties.--The duties of the Chief Risk Officer are--
                        ``(A) to be responsible for all matters related to
                    managing and mitigating all risk to which the Bank is
                    exposed, including the programs and operations of the
                    Bank;
                        ``(B) to establish policies and processes for risk
                    oversight, the monitoring of management compliance with
                    risk limits, and the management of risk exposures and
                    risk controls across the Bank;
                        ``(C) to be responsible for the planning and
                    execution of all Bank risk management activities,
                    including policies, reporting, and systems to achieve
                    strategic risk objectives;
                        ``(D) to develop an integrated risk management
                    program that includes identifying, prioritizing,
                    measuring, monitoring, and managing internal control and
                    operating risks and other identified risks;
                        ``(E) to ensure that the process for risk assessment
                    and underwriting for individual transactions considers
                    how each such transaction considers the effect of the
                    transaction on the concentration of exposure in the
                    overall portfolio of the Bank, taking into account fees,
                    collateralization, and historic default rates; and

    [[Page 129 STAT. 1766]]

                        ``(F) to review the adequacy of the use by the Bank
                    of qualitative metrics to assess the risk of default
                    under various scenarios.''.
    SEC. 51006. RISK MANAGEMENT COMMITTEE.

        (a) In General.--Section 3 of the Export-Import Bank Act of 1945 (12
    U.S.C. 635a), as amended by sections 91004 and 91005, is further amended
    by adding at the end the following:
        ``(m) Risk Management Committee.--
                ``(1) Establishment.--There is established a management
            committee to be known as the `Risk Management Committee'.
                ``(2) Membership.--The membership of the Risk Management
            Committee shall be the members of the Board of Directors, with
            the President and First Vice President of the Bank serving as ex
            officio members.
                ``(3) Duties.--The duties of the Risk Management Committee
            shall be--
                        ``(A) to oversee, in conjunction with the Office of
                    the Chief Financial Officer of the Bank--
                              ``(i) periodic stress testing on the entire
                          Bank portfolio, reflecting different market,
                          industry, and macroeconomic scenarios, and
                          consistent with common practices of commercial and
                          multilateral development banks; and
                              ``(ii) the monitoring of industry, geographic,
                          and obligor exposure levels; and
                        ``(B) to review all required reports on the default
                    rate of the Bank before submission to Congress under
                    section 8(g).''.

        (b) <<NOTE: 12 USC 635a note.>> Termination of Audit Committee.--Not
    later than 180 days after the date of the enactment of this Act, the
    Board of Directors of the Export-Import Bank of the United States shall
    revise the bylaws of the Bank to terminate the Audit Committee
    established by section 7 of the bylaws.
    SEC. 51007. <<NOTE: 12 USC 635a-7.>> INDEPENDENT AUDIT OF BANK
                                PORTFOLIO.

        (a) Audit.--The Inspector General of the Export-Import Bank of the
    United States shall conduct an audit or evaluation of the portfolio risk
    management procedures of the Bank, including a review of the
    implementation by the Bank of the duties assigned to the Chief Risk
    Officer under section 3(l) of the Export-Import Bank Act of 1945, as
    amended by section 51005.
        (b) Report.--Not later than 1 year after the date of the enactment
    of this Act, and not less frequently than every 3 years thereafter, the
    Inspector General shall submit to the Committee on Banking, Housing, and
    Urban Affairs of the Senate and the Committee on Financial Services of
    the House of Representatives a written report containing all findings
    and determinations made in carrying out subsection (a).
    SEC. 51008. <<NOTE: 12 USC 635 note.>> PILOT PROGRAM FOR
                                REINSURANCE.

        (a) In General.--Notwithstanding any provision of the Export-Import
    Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the
    United States (in this section referred to as the ``Bank'') may
    establish a pilot program under which the Bank may enter into contracts
    and other arrangements to share risks associated with the provision of
    guarantees, insurance, or credit,

    [[Page 129 STAT. 1767]]

    or the participation in the extension of credit, by the Bank under that
    Act.
        (b) Limitations on Amount of Risk-Sharing.--
                (1) Per contract or other arrangement.--The aggregate amount
            of liability the Bank may transfer through risk-sharing pursuant
            to a contract or other arrangement entered into under subsection
            (a) may not exceed $1,000,000,000.
                (2) Per year.--The aggregate amount of liability the Bank
            may transfer through risk-sharing during a fiscal year pursuant
            to contracts or other arrangements entered into under subsection
            (a) during that fiscal year may not exceed $10,000,000,000.

        (c) Annual Reports.--Not later than 1 year after the date of the
    enactment of this Act, and annually thereafter through 2019, the Bank
    shall submit to Congress a written report that contains a detailed
    analysis of the use of the pilot program carried out under subsection
    (a) during the year preceding the submission of the report.
        (d) Rule of Construction.--Nothing in this section shall be
    construed to affect, impede, or revoke any authority of the Bank.
        (e) Termination.--The pilot program carried out under subsection (a)
    shall terminate on September 30, 2019.

                 TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS

    SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.

        (a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank Act
    of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``20
    percent'' and inserting ``25 percent''.
        (b) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendment made
    by subsection (a) shall apply with respect to fiscal year 2016 and each
    fiscal year thereafter.
    SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED
                                BUSINESSES.

        (a) In General.--Section 8 of the Export-Import Bank Act of 1945 (12
    U.S.C. 635g) is amended by adding at the end the following:
        ``(k) Report on Programs for Small- and Medium-Sized Businesses.--
    The Bank shall include in its annual report to Congress under subsection
    (a) a report on the programs of the Bank for United States businesses
    with less than $250,000,000 in annual sales.''.
        (b) <<NOTE: 12 USC 635g note.>> Effective Date.--The amendment made
    by subsection (a) shall apply with respect to the report of the Export-
    Import Bank of the United States submitted to Congress under section 8
    of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first
    year that begins after the date of the enactment of this Act.

    [[Page 129 STAT. 1768]]

                     TITLE LIII--MODERNIZATION OF OPERATIONS

    SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS.

        Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
    635(b)(1)) is amended by adding at the end the following:
        ``(M) Not later than 2 years after the date of the enactment of the
    Export-Import Bank Reform and Reauthorization Act of 2015, the Bank
    shall implement policies--
                ``(i) to accept electronic documents with respect to
            transactions whenever possible, including copies of bills of
            lading, certifications, and compliance documents, in such manner
            so as not to undermine any potential civil or criminal
            enforcement related to the transactions; and
                ``(ii) to accept electronic payments in all of its
            programs.''.
    SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.

        Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j)) is
    amended--
                (1) in paragraph (1), in the matter preceding subparagraph
            (A), by striking ``2012, 2013, and 2014'' and inserting ``2015
            through 2019'';
                (2) in paragraph (2)(B), by striking ``(I) the funds'' and
            inserting ``(i) the funds''; and
                (3) in paragraph (3), by striking ``2012, 2013, and 2014''
            and inserting ``2015 through 2019''.

                          TITLE LIV--GENERAL PROVISIONS

    SEC. 54001. EXTENSION OF AUTHORITY.

        (a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12
    U.S.C. 635f) is amended by striking ``2014'' and inserting ``2019''.
        (b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 (12 U.S.C.
    635 note) is amended by striking ``September 30, 2014'' and inserting
    ``the date on which the authority of the Export-Import Bank of the
    United States expires under section 7 of the Export-Import Bank Act of
    1945 (12 U.S.C. 635f)''.
        (c) Sub-Saharan Africa Advisory Committee.--Section 2(b)(9)(B)(iii)
    of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is
    amended by striking ``September 30, 2014'' and inserting ``the date on
    which the authority of the Bank expires under section 7''.
        (d) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendments made
    by this section shall take effect on the earlier of the date of the
    enactment of this Act or June 30, 2015.
    SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.

        (a) Loan Terms for Medium-Term Financing.--Section 2(a)(2)(A) of the
    Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is amended--
                (1) in clause (i), by striking ``; and'' and inserting a
            semicolon; and
                (2) by adding at the end the following:

    [[Page 129 STAT. 1769]]

                        ``(iii) with principal amounts of not more than
                    $25,000,000; and''.

        (b) Competitive Opportunities Relating to Insurance.--Section
    2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is
    amended by striking ``$10,000,000'' and inserting ``$25,000,000''.
        (c) Export Amounts for Small Business Loans.--Section 3(g)(3) of the
    Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by
    striking ``$10,000,000'' and inserting ``$25,000,000''.
        (d) Consideration of Environmental Effects.--Section 11(a)(1)(A) of
    the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5(a)(1)(A)) is
    amended by striking ``$10,000,000 or more'' and inserting the following:
    ``$25,000,000 (or, if less than $25,000,000, the threshold established
    pursuant to international agreements, including the Common Approaches
    for Officially Supported Export Credits and Environmental and Social Due
    Diligence, as adopted by the Organisation for Economic Co-operation and
    Development Council on June 28, 2012, and the risk-management framework
    adopted by financial institutions for determining, assessing, and
    managing environmental and social risk in projects (commonly referred to
    as the `Equator Principles')) or more''.
        (e) <<NOTE: 12 USC 635 note.>> Effective Date.--The amendments made
    by this section shall apply with respect to fiscal year 2016 and each
    fiscal year thereafter.

                             TITLE LV--OTHER MATTERS

    SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.

        Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et
    seq.) is amended by adding at the end the following:
        ``(k) Prohibition on Discrimination Based on Industry.--
                ``(1) In general.--Except as provided in this Act, the Bank
            may not--
                        ``(A) deny an application for financing based solely
                    on the industry, sector, or business that the
                    application concerns; or
                        ``(B) promulgate or implement policies that
                    discriminate against an application based solely on the
                    industry, sector, or business that the application
                    concerns.
                ``(2) Applicability.--The prohibitions under paragraph (1)
            apply only to applications for financing by the Bank for
            projects concerning the exploration, development, production, or
            export of energy sources and the generation or transmission of
            electrical power, or combined heat and power, regardless of the
            energy source involved.''.
    SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.

        (a) In General.--Section 11 of the Export-Import Bank
    Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``Secretary of the Treasury (in this section
                    referred to as the `Secretary')'' and inserting
                    ``President''; and
                        (B) in paragraph (1)--
                              (i) by striking ``(OECD)'' and inserting ``(in
                          this section referred to as the `OECD')''; and

    [[Page 129 STAT. 1770]]

                              (ii) by striking ``ultimate goal of
                          eliminating'' and inserting ``possible goal of
                          eliminating, before the date that is 10 years
                          after the date of the enactment of the Export-
                          Import Bank Reform and Reauthorization Act of
                          2015,'';
                (2) in subsection (b), by striking ``Secretary'' each place
            it appears and inserting ``President''; and
                (3) by adding at the end the following:

        ``(c) Report on Strategy.--Not later than 180 days after the date of
    the enactment of the Export-Import Bank Reform and Reauthorization Act
    of 2015, the President shall submit to Congress a proposal, and a
    strategy for achieving the proposal, that the United States Government
    will pursue with other major exporting countries, including OECD members
    and non-OECD members, to eliminate over a period of not more than 10
    years subsidized export-financing programs, tied aid, export credits,
    and all other forms of government-supported export subsidies.
        ``(d) Negotiations With Non-OECD Members.--The President shall
    initiate and pursue negotiations with countries that are not OECD
    members to bring those countries into a multilateral agreement
    establishing rules and limitations on officially supported export
    credits.
        ``(e) Annual Reports on Progress of Negotiations.--Not later than
    180 days after the date of the enactment of the Export-Import Bank
    Reform and Reauthorization Act of 2015, and annually thereafter through
    calendar year 2019, the President shall submit to the Committee on
    Banking, Housing, and Urban Affairs of the Senate and the Committee on
    Financial Services of the House of Representatives a report on the
    progress of any negotiations described in subsection (d).''.
        (b) <<NOTE: 12 USC 635a-5 note.>> Effective Date.--The amendments
    made by paragraphs (1) and (2) of subsection (a) shall apply with
    respect to reports required to be submitted under section 11(b) of the
    Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b))
    after the date of the enactment of this Act.
    SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS
                                TECHNOLOGY SYSTEMS.

        (a) Analysis of Information and Communications Technology Industry
    Use of Bank Products.--The Export-Import Bank of the United States (in
    this section referred to as the ``Bank'') shall conduct a study of the
    extent to which the products offered by the Bank are available and used
    by companies that export information and communications technology
    services and related goods.
        (b) Elements.--In conducting the study required by subsection (a),
    the Bank shall examine the following:
                (1) The number of jobs in the United States that are
            supported by the export of information and communications
            technology services and related goods, and the degree to which
            access to financing will increase exports of such services and
            related goods.
                (2) The reduction in the financing by the Bank of exports of
            information and communications technology services from 2003
            through 2014.

    [[Page 129 STAT. 1771]]

                (3) The activities of foreign export credit agencies to
            facilitate the export of information and communications
            technology services and related goods.
                (4) Specific proposals for how the Bank could provide
            additional financing for the exportation of information and
            communications technology services and related goods through
            risk-sharing with other export credit agencies and other third
            parties.
                (5) Proposals for new products the Bank could offer to
            provide financing for exports of information and communications
            technology services and related goods, including--
                        (A) the extent to which the Bank is authorized to
                    offer new products;
                        (B) the extent to which the Bank would need
                    additional authority to offer new products to meet the
                    needs of the information and communications technology
                    industry;
                        (C) specific proposals for changes in law that would
                    enable the Bank to provide increased financing for
                    exports of information and communications technology
                    services and related goods in compliance with the credit
                    and risk standards of the Bank;
                        (D) specific proposals that would enable the Bank to
                    provide increased outreach to the information and
                    communications technology industry about the products
                    the Bank offers; and
                        (E) specific proposals for changes in law that would
                    enable the Bank to provide the financing to build
                    information and communications technology
                    infrastructure, in compliance with the credit and risk
                    standards of the Bank, to allow for market access
                    opportunities for United States information and
                    communications technology companies to provide services
                    on the infrastructure being financed by the Bank.

        (c) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Bank shall submit to Congress a report that contains
    the results of the study required by subsection (a).

                           DIVISION F--ENERGY SECURITY

    SEC. 61001. <<NOTE: 42 USC 7131 note.>> EMERGENCY PREPAREDNESS FOR
                                ENERGY SUPPLY DISRUPTIONS.

        (a) Finding.--Congress finds that recent natural disasters have
    underscored the importance of having resilient oil and natural gas
    infrastructure and effective ways for industry and government to
    communicate to address energy supply disruptions.
        (b) Authorization for Activities to Enhance Emergency Preparedness
    for Natural Disasters.--The Secretary of Energy shall develop and adopt
    procedures to--
                (1) improve communication and coordination between the
            Department of Energy's energy response team, Federal partners,
            and industry;
                (2) leverage the Energy Information Administration's subject
            matter expertise within the Department's energy response team to
            improve supply chain situation assessments;

    [[Page 129 STAT. 1772]]

                (3) establish company liaisons and direct communication with
            the Department's energy response team to improve situation
            assessments;
                (4) streamline and enhance processes for obtaining temporary
            regulatory relief to speed up emergency response and recovery;
                (5) facilitate and increase engagement among States, the oil
            and natural gas industry, and the Department in developing State
            and local energy assurance plans;
                (6) establish routine education and training programs for
            key government emergency response positions with the Department
            and States; and
                (7) involve States and the oil and natural gas industry in
            comprehensive drill and exercise programs.

        (c) Cooperation.--The activities carried out under subsection (b)
    shall include collaborative efforts with State and local government
    officials and the private sector.
        (d) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary of Energy shall submit to Congress a report
    describing the effectiveness of the activities authorized under this
    section.
    SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY
                                CONFLICTS.

        (a) Compliance With or Violation of Environmental Laws While Under
    Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
    824a(c)) is amended--
                (1) by inserting ``(1)'' after ``(c)''; and
                (2) by adding at the end the following:

        ``(2) With respect to an order issued under this subsection that may
    result in a conflict with a requirement of any Federal, State, or local
    environmental law or regulation, the Commission shall ensure that such
    order requires generation, delivery, interchange, or transmission of
    electric energy only during hours necessary to meet the emergency and
    serve the public interest, and, to the maximum extent practicable, is
    consistent with any applicable Federal, State, or local environmental
    law or regulation and minimizes any adverse environmental impacts.
        ``(3) To the extent any omission or action taken by a party, that is
    necessary to comply with an order issued under this subsection,
    including any omission or action taken to voluntarily comply with such
    order, results in noncompliance with, or causes such party to not comply
    with, any Federal, State, or local environmental law or regulation, such
    omission or action shall not be considered a violation of such
    environmental law or regulation, or subject such party to any
    requirement, civil or criminal liability, or a citizen suit under such
    environmental law or regulation.
        ``(4)(A) An order issued under this subsection that may result in a
    conflict with a requirement of any Federal, State, or local
    environmental law or regulation shall expire not later than 90 days
    after it is issued. The Commission may renew or reissue such order
    pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed
    90 days for each period, as the Commission determines necessary to meet
    the emergency and serve the public interest.
        ``(B) In renewing or reissuing an order under subparagraph (A), the
    Commission shall consult with the primary Federal agency

    [[Page 129 STAT. 1773]]

    with expertise in the environmental interest protected by such law or
    regulation, and shall include in any such renewed or reissued order such
    conditions as such Federal agency determines necessary to minimize any
    adverse environmental impacts to the extent practicable. The conditions,
    if any, submitted by such Federal agency shall be made available to the
    public. The Commission may exclude such a condition from the renewed or
    reissued order if it determines that such condition would prevent the
    order from adequately addressing the emergency necessitating such order
    and provides in the order, or otherwise makes publicly available, an
    explanation of such determination.
        ``(5) If an order issued under this subsection is subsequently
    stayed, modified, or set aside by a court pursuant to section 313 or any
    other provision of law, any omission or action previously taken by a
    party that was necessary to comply with the order while the order was in
    effect, including any omission or action taken to voluntarily comply
    with the order, shall remain subject to paragraph (3).''.
        (b) Temporary Connection or Construction by Municipalities.--Section
    202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended by
    inserting ``or municipality'' before ``engaged in the transmission or
    sale of electric energy''.
    SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

        (a) Critical Electric Infrastructure Security.--Part II of the
    Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after
    section 215 the following new section:
    ``SEC. 215A. <<NOTE: 16 USC 824o-1.>> CRITICAL ELECTRIC
                              INFRASTRUCTURE SECURITY.

        ``(a) Definitions.--For purposes of this section:
                ``(1) Bulk-power system; electric reliability organization;
            regional entity.--The terms `bulk-power system', `Electric
            Reliability Organization', and `regional entity' have the
            meanings given such terms in paragraphs (1), (2), and (7) of
            section 215(a), respectively.
                ``(2) Critical electric infrastructure.--The term `critical
            electric infrastructure' means a system or asset of the bulk-
            power system, whether physical or virtual, the incapacity or
            destruction of which would negatively affect national security,
            economic security, public health or safety, or any combination
            of such matters.
                ``(3) Critical electric infrastructure information.--The
            term `critical electric infrastructure information' means
            information related to critical electric infrastructure, or
            proposed critical electrical infrastructure, generated by or
            provided to the Commission or other Federal agency, other than
            classified national security information, that is designated as
            critical electric infrastructure information by the Commission
            or the Secretary pursuant to subsection (d). Such term includes
            information that qualifies as critical energy infrastructure
            information under the Commission's regulations.
                ``(4) Defense critical electric infrastructure.--The term
            `defense critical electric infrastructure' means any electric
            infrastructure located in any of the 48 contiguous States or the
            District of Columbia that serves a facility designated by the
            Secretary pursuant to subsection (c), but is not owned or
            operated by the owner or operator of such facility.

    [[Page 129 STAT. 1774]]

                ``(5) Electromagnetic pulse.--The term `electromagnetic
            pulse' means 1 or more pulses of electromagnetic energy emitted
            by a device capable of disabling or disrupting operation of, or
            destroying, electronic devices or communications networks,
            including hardware, software, and data, by means of such a
            pulse.
                ``(6) Geomagnetic storm.--The term `geomagnetic storm' means
            a temporary disturbance of the Earth's magnetic field resulting
            from solar activity.
                ``(7) Grid security emergency.--The term `grid security
            emergency' means the occurrence or imminent danger of--
                        ``(A)(i) a malicious act using electronic
                    communication or an electromagnetic pulse, or a
                    geomagnetic storm event, that could disrupt the
                    operation of those electronic devices or communications
                    networks, including hardware, software, and data, that
                    are essential to the reliability of critical electric
                    infrastructure or of defense critical electric
                    infrastructure; and
                        ``(ii) disruption of the operation of such devices
                    or networks, with significant adverse effects on the
                    reliability of critical electric infrastructure or of
                    defense critical electric infrastructure, as a result of
                    such act or event; or
                        ``(B)(i) a direct physical attack on critical
                    electric infrastructure or on defense critical electric
                    infrastructure; and
                        ``(ii) significant adverse effects on the
                    reliability of critical electric infrastructure or of
                    defense critical electric infrastructure as a result of
                    such physical attack.
                ``(8) Secretary.--The term `Secretary' means the Secretary
            of Energy.

        ``(b) Authority to Address Grid Security Emergency.--
                ``(1) Authority.--Whenever the President issues and provides
            to the Secretary a written directive or determination
            identifying a grid security emergency, the Secretary may, with
            or without notice, hearing, or report, issue such orders for
            emergency measures as are necessary in the judgment of the
            Secretary to protect or restore the reliability of critical
            electric infrastructure or of defense critical electric
            infrastructure during such emergency. As soon as practicable but
            not later than 180 days after the date of enactment of this
            section, the Secretary shall, after notice and opportunity for
            comment, establish rules of procedure that ensure that such
            authority can be exercised expeditiously.
                ``(2) Notification of congress.--Whenever the President
            issues and provides to the Secretary a written directive or
            determination under paragraph (1), the President shall promptly
            notify congressional committees of relevant jurisdiction,
            including the Committee on Energy and Commerce of the House of
            Representatives and the Committee on Energy and Natural
            Resources of the Senate, of the contents of, and justification
            for, such directive or determination.
                ``(3) Consultation.--Before issuing an order for emergency
            measures under paragraph (1), the Secretary shall, to the extent
            practicable in light of the nature of the grid security
            emergency and the urgency of the need for action, consult with
            appropriate governmental authorities in Canada and Mexico,
            entities described in paragraph (4), the Electricity Sub-sector
            Coordinating Council, the Commission, and other appropriate
            Federal

    [[Page 129 STAT. 1775]]

            agencies regarding implementation of such emergency measures.
                ``(4) Application.--An order for emergency measures under
            this subsection may apply to--
                        ``(A) the Electric Reliability Organization;
                        ``(B) a regional entity; or
                        ``(C) any owner, user, or operator of critical
                    electric infrastructure or of defense critical electric
                    infrastructure within the United States.
                ``(5) Expiration and reissuance.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), an order for emergency measures issued
                    under paragraph (1) shall expire no later than 15 days
                    after its issuance.
                        ``(B) Extensions.--The Secretary may reissue an
                    order for emergency measures issued under paragraph (1)
                    for subsequent periods, not to exceed 15 days for each
                    such period, provided that the President, for each such
                    period, issues and provides to the Secretary a written
                    directive or determination that the grid security
                    emergency identified under paragraph (1) continues to
                    exist or that the emergency measure continues to be
                    required.
                ``(6) Cost recovery.--
                        ``(A) Critical electric infrastructure.--If the
                    Commission determines that owners, operators, or users
                    of critical electric infrastructure have incurred
                    substantial costs to comply with an order for emergency
                    measures issued under this subsection and that such
                    costs were prudently incurred and cannot reasonably be
                    recovered through regulated rates or market prices for
                    the electric energy or services sold by such owners,
                    operators, or users, the Commission shall, consistent
                    with the requirements of section 205, after notice and
                    an opportunity for comment, establish a mechanism that
                    permits such owners, operators, or users to recover such
                    costs.
                        ``(B) Defense critical electric infrastructure.--To
                    the extent the owner or operator of defense critical
                    electric infrastructure is required to take emergency
                    measures pursuant to an order issued under this
                    subsection, the owners or operators of a critical
                    defense facility or facilities designated by the
                    Secretary pursuant to subsection (c) that rely upon such
                    infrastructure shall bear the full incremental costs of
                    the measures.
                ``(7) Temporary access to classified information.--The
            Secretary, and other appropriate Federal agencies, shall, to the
            extent practicable and consistent with their obligations to
            protect classified information, provide temporary access to
            classified information related to a grid security emergency for
            which emergency measures are issued under paragraph (1) to key
            personnel of any entity subject to such emergency measures to
            enable optimum communication between the entity and the
            Secretary and other appropriate Federal agencies regarding the
            grid security emergency.

        ``(c) Designation of Critical Defense Facilities.--Not later than
    180 days after the date of enactment of this section, the Secretary, in
    consultation with other appropriate Federal agencies and appropriate
    owners, users, or operators of infrastructure that

    [[Page 129 STAT. 1776]]

    may be defense critical electric infrastructure, shall identify and
    designate facilities located in the 48 contiguous States and the
    District of Columbia that are--
                ``(1) critical to the defense of the United States; and
                ``(2) vulnerable to a disruption of the supply of electric
            energy provided to such facility by an external provider.

    The Secretary may, in consultation with appropriate Federal agencies and
    appropriate owners, users, or operators of defense critical electric
    infrastructure, periodically revise the list of designated facilities as
    necessary.
        ``(d) Protection and Sharing of Critical Electric Infrastructure
    Information.--
                ``(1) Protection of critical electric infrastructure
            information.--Critical electric infrastructure information--
                        ``(A) shall be exempt from disclosure under section
                    552(b)(3) of title 5, United States Code; and
                        ``(B) shall not be made available by any Federal,
                    State, political subdivision or tribal authority
                    pursuant to any Federal, State, political subdivision or
                    tribal law requiring public disclosure of information or
                    records.
                ``(2) Designation and sharing of critical electric
            infrastructure information.--Not later than one year after the
            date of enactment of this section, the Commission, after
            consultation with the Secretary, shall promulgate such
            regulations as necessary to--
                        ``(A) establish criteria and procedures to designate
                    information as critical electric infrastructure
                    information;
                        ``(B) prohibit the unauthorized disclosure of
                    critical electric infrastructure information;
                        ``(C) ensure there are appropriate sanctions in
                    place for Commissioners, officers, employees, or agents
                    of the Commission or the Department of Energy who
                    knowingly and willfully disclose critical electric
                    infrastructure information in a manner that is not
                    authorized under this section; and
                        ``(D) taking into account standards of the Electric
                    Reliability Organization, facilitate voluntary sharing
                    of critical electric infrastructure information with,
                    between, and by--
                              ``(i) Federal, State, political subdivision,
                          and tribal authorities;
                              ``(ii) the Electric Reliability Organization;
                              ``(iii) regional entities;
                              ``(iv) information sharing and analysis
                          centers established pursuant to Presidential
                          Decision Directive 63;
                              ``(v) owners, operators, and users of critical
                          electric infrastructure in the United States; and
                              ``(vi) other entities determined appropriate
                          by the Commission.
                ``(3) Authority to designate.--Information may be designated
            by the Commission or the Secretary as critical electric
            infrastructure information pursuant to the criteria and
            procedures established by the Commission under paragraph (2)(A).

    [[Page 129 STAT. 1777]]

                ``(4) Considerations.--In exercising their respective
            authorities under this subsection, the Commission and the
            Secretary shall take into consideration the role of State
            commissions in reviewing the prudence and cost of investments,
            determining the rates and terms of conditions for electric
            services, and ensuring the safety and reliability of the bulk-
            power system and distribution facilities within their respective
            jurisdictions.
                ``(5) Protocols.--The Commission and the Secretary shall, in
            consultation with Canadian and Mexican authorities, develop
            protocols for the voluntary sharing of critical electric
            infrastructure information with Canadian and Mexican authorities
            and owners, operators, and users of the bulk-power system
            outside the United States.
                ``(6) No required sharing of information.--Nothing in this
            section shall require a person or entity in possession of
            critical electric infrastructure information to share such
            information with Federal, State, political subdivision, or
            tribal authorities, or any other person or entity.
                ``(7) Submission of information to congress.--Nothing in
            this section shall permit or authorize the withholding of
            information from Congress, any committee or subcommittee
            thereof, or the Comptroller General.
                ``(8) Disclosure of nonprotected information.--In
            implementing this section, the Commission and the Secretary
            shall segregate critical electric infrastructure information or
            information that reasonably could be expected to lead to the
            disclosure of the critical electric infrastructure information
            within documents and electronic communications, wherever
            feasible, to facilitate disclosure of information that is not
            designated as critical electric infrastructure information.
                ``(9) Duration of designation.--Information may not be
            designated as critical electric infrastructure information for
            longer than 5 years, unless specifically re-designated by the
            Commission or the Secretary, as appropriate.
                ``(10) Removal of designation.--The Commission or the
            Secretary, as appropriate, shall remove the designation of
            critical electric infrastructure information, in whole or in
            part, from a document or electronic communication if the
            Commission or the Secretary, as appropriate, determines that the
            unauthorized disclosure of such information could no longer be
            used to impair the security or reliability of the bulk-power
            system or distribution facilities.
                ``(11) Judicial review of designations.--Notwithstanding
            section 313(b), with respect to a petition filed by a person to
            which an order under this section applies, any determination by
            the Commission or the Secretary concerning the designation of
            critical electric infrastructure information under this
            subsection shall be subject to review under chapter 7 of title
            5, United States Code, except that such review shall be brought
            in the district court of the United States in the district in
            which the complainant resides, or has his principal place of
            business, or in the District of Columbia. In such a case the
            court shall examine in camera the contents of documents or
            electronic communications that are the subject of the
            determination under review to determine whether such documents
            or any part thereof were improperly designated or not designated
            as critical electric infrastructure information.

    [[Page 129 STAT. 1778]]

        ``(e) Security Clearances.--The Secretary shall facilitate and, to
    the extent practicable, expedite the acquisition of adequate security
    clearances by key personnel of any entity subject to the requirements of
    this section, to enable optimum communication with Federal agencies
    regarding threats to the security of the critical electric
    infrastructure. The Secretary, the Commission, and other appropriate
    Federal agencies shall, to the extent practicable and consistent with
    their obligations to protect classified and critical electric
    infrastructure information, share timely actionable information
    regarding grid security with appropriate key personnel of owners,
    operators, and users of the critical electric infrastructure.
        ``(f) Clarifications of Liability.--
                ``(1) Compliance with or violation of this act.--Except as
            provided in paragraph (4), to the extent any action or omission
            taken by an entity that is necessary to comply with an order for
            emergency measures issued under subsection (b)(1), including any
            action or omission taken to voluntarily comply with such order,
            results in noncompliance with, or causes such entity not to
            comply with any rule, order, regulation, or provision of this
            Act, including any reliability standard approved by the
            Commission pursuant to section 215, such action or omission
            shall not be considered a violation of such rule, order,
            regulation, or provision.
                ``(2) Relation to section 202(c).--Except as provided in
            paragraph (4), an action or omission taken by an owner,
            operator, or user of critical electric infrastructure or of
            defense critical electric infrastructure to comply with an order
            for emergency measures issued under subsection (b)(1) shall be
            treated as an action or omission taken to comply with an order
            issued under section 202(c) for purposes of such section.
                ``(3) Sharing or receipt of information.--No cause of action
            shall lie or be maintained in any Federal or State court for the
            sharing or receipt of information under, and that is conducted
            in accordance with, subsection (d).
                ``(4) Rule of construction.--Nothing in this subsection
            shall be construed to require dismissal of a cause of action
            against an entity that, in the course of complying with an order
            for emergency measures issued under subsection (b)(1) by taking
            an action or omission for which they would be liable but for
            paragraph (1) or (2 ), takes such action or omission in a
            grossly negligent manner.''.

        (b) Conforming Amendments.--
                (1) Jurisdiction.--Section 201(b)(2) of the Federal Power
            Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
            after ``215,'' each place it appears.
                (2) Public utility.--Section 201(e) of the Federal Power Act
            (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
            ``215,''.

        (c) <<NOTE: 6 USC 121 note.>> Enhanced Grid Security.--
                (1) Definitions.--In this subsection:
                        (A) Critical electric infrastructure; critical
                    electric infrastructure information.--The terms
                    ``critical electric infrastructure'' and ``critical
                    electric infrastructure information'' have the meanings
                    given those terms in section 215A of the Federal Power
                    Act.

    [[Page 129 STAT. 1779]]

                        (B) Sector-specific agency.--The term ``Sector-
                    Specific Agency'' has the meaning given that term in the
                    Presidential Policy Directive entitled ``Critical
                    Infrastructure Security and Resilience'', numbered 21,
                    and dated February 12, 2013.
                (2) Sector-specific agency for cybersecurity for the energy
            sector.--
                        (A) In general.--The Department of Energy shall be
                    the lead Sector-Specific Agency for cybersecurity for
                    the energy sector.
                        (B) Duties.--As head of the designated Sector-
                    Specific Agency for cybersecurity, the duties of the
                    Secretary of Energy shall include--
                              (i) coordinating with the Department of
                          Homeland Security and other relevant Federal
                          departments and agencies;
                              (ii) collaborating with--
                                        (I) critical electric infrastructure
                                    owners and operators; and
                                        (II) as appropriate--
                                                (aa) independent regulatory
                                            agencies; and
                                                (bb) State, local, tribal,
                                            and territorial entities;
                                                (cc) serving as a day-to-day
                                            Federal interface for the
                                            dynamic prioritization and
                                            coordination of sector-specific
                                            activities;
                                                (dd) carrying out incident
                                            management responsibilities
                                            consistent with applicable law
                                            (including regulations) and
                                            other appropriate policies or
                                            directives;
                                                (ee) providing, supporting,
                                            or facilitating technical
                                            assistance and consultations for
                                            the energy sector to identify
                                            vulnerabilities and help
                                            mitigate incidents, as
                                            appropriate; and
                                                (ff) supporting the
                                            reporting requirements of the
                                            Department of Homeland Security
                                            under applicable law by
                                            providing, on an annual basis,
                                            sector-specific critical
                                            electric infrastructure
                                            information.
    SEC. 61004. STRATEGIC TRANSFORMER RESERVE.

        (a) Finding.--Congress finds that the storage of strategically
    located spare large power transformers and emergency mobile substations
    will reduce the vulnerability of the United States to multiple risks
    facing electric grid reliability, including physical attack, cyber
    attack, electromagnetic pulse, geomagnetic disturbances, severe weather,
    and seismic events.
        (b) Definitions.--In this section:
                (1) Bulk-power system.--The term ``bulk-power system'' has
            the meaning given such term in section 215(a) of the Federal
            Power Act (16 U.S.C. 824o(a)).
                (2) Critically damaged large power transformer.--The term
            ``critically damaged large power transformer'' means a large
            power transformer that--
                        (A) has sustained extensive damage such that--
                              (i) repair or refurbishment is not
                          economically viable; or

    [[Page 129 STAT. 1780]]

                              (ii) the extensive time to repair or refurbish
                          the large power transformer would create an
                          extended period of instability in the bulk-power
                          system; and
                        (B) prior to sustaining such damage, was part of the
                    bulk-power system.
                (3) Critical electric infrastructure.--The term ``critical
            electric infrastructure'' has the meaning given that term in
            section 215A of the Federal Power Act.
                (4) Electric reliability organization.--The term ``Electric
            Reliability Organization'' has the meaning given such term in
            section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
                (5) Emergency mobile substation.--The term ``emergency
            mobile substation'' means a mobile substation or mobile
            transformer that is--
                        (A) assembled and permanently mounted on a trailer
                    that is capable of highway travel and meets relevant
                    Department of Transportation regulations; and
                        (B) intended for express deployment and capable of
                    being rapidly placed into service.
                (6) Large power transformer.--The term ``large power
            transformer'' means a power transformer with a maximum nameplate
            rating of 100 megavolt-amperes or higher, including related
            critical equipment, that is, or is intended to be, a part of the
            bulk-power system.
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
                (8) Spare large power transformer.--The term ``spare large
            power transformer'' means a large power transformer that is
            stored within the Strategic Transformer Reserve to be available
            to temporarily replace a critically damaged large power
            transformer.

        (c) Strategic Transformer Reserve Plan.--
                (1) Plan.--Not later than 1 year after the date of enactment
            of this Act, the Secretary, acting through the Office of
            Electricity Delivery and Energy Reliability, shall, in
            consultation with the Federal Energy Regulatory Commission, the
            Electricity Sub-sector Coordinating Council, the Electric
            Reliability Organization, and owners and operators of critical
            electric infrastructure and defense and military installations,
            prepare and submit to Congress a plan to establish a Strategic
            Transformer Reserve for the storage, in strategically located
            facilities, of spare large power transformers and emergency
            mobile substations in sufficient numbers to temporarily replace
            critically damaged large power transformers and substations that
            are critical electric infrastructure or serve defense and
            military installations.
                (2) Inclusions.--The Strategic Transformer Reserve plan
            shall include a description of--
                        (A) the appropriate number and type of spare large
                    power transformers necessary to provide or restore
                    sufficient resiliency to the bulk-power system, critical
                    electric infrastructure, and defense and military
                    installations to mitigate significant impacts to the
                    electric grid resulting from--
                              (i) physical attack;
                              (ii) cyber attack;
                              (iii) electromagnetic pulse attack;

    [[Page 129 STAT. 1781]]

                              (iv) geomagnetic disturbances;
                              (v) severe weather; or
                              (vi) seismic events;
                        (B) other critical electric grid equipment for which
                    an inventory of spare equipment, including emergency
                    mobile substations, is necessary to provide or restore
                    sufficient resiliency to the bulk-power system, critical
                    electric infrastructure, and defense and military
                    installations;
                        (C) the degree to which utility sector actions or
                    initiatives, including individual utility ownership of
                    spare equipment, joint ownership of spare equipment
                    inventory, sharing agreements, or other spare equipment
                    reserves or arrangements, satisfy the needs identified
                    under subparagraphs (A) and (B);
                        (D) the potential locations for, and feasibility and
                    appropriate number of, strategic storage locations for
                    reserve equipment, including consideration of--
                              (i) the physical security of such locations;
                              (ii) the protection of the confidentiality of
                          such locations; and
                              (iii) the proximity of such locations to sites
                          of potentially critically damaged large power
                          transformers and substations that are critical
                          electric infrastructure or serve defense and
                          military installations, so as to enable efficient
                          delivery of equipment to such sites;
                        (E) the necessary degree of flexibility of spare
                    large power transformers to be included in the Strategic
                    Transformer Reserve to conform to different substation
                    configurations, including consideration of transformer--
                              (i) power and voltage rating for each winding;
                              (ii) overload requirements;
                              (iii) impedance between windings;
                              (iv) configuration of windings; and
                              (v) tap requirements;
                        (F) an estimate of the direct cost of the Strategic
                    Transformer Reserve, as proposed, including--
                              (i) the cost of storage facilities;
                              (ii) the cost of the equipment; and
                              (iii) management, maintenance, and operation
                          costs;
                        (G) the funding options available to establish,
                    stock, manage, and maintain the Strategic Transformer
                    Reserve, including consideration of fees on owners and
                    operators of bulk-power system facilities, critical
                    electric infrastructure, and defense and military
                    installations relying on the Strategic Transformer
                    Reserve, use of Federal appropriations, and public-
                    private cost-sharing options;
                        (H) the ease and speed of transportation,
                    installation, and energization of spare large power
                    transformers to be included in the Strategic Transformer
                    Reserve, including consideration of factors such as--
                              (i) transformer transportation weight;
                              (ii) transformer size;
                              (iii) topology of critical substations;
                              (iv) availability of appropriate transformer
                          mounting pads;

    [[Page 129 STAT. 1782]]

                              (v) flexibility of the spare large power
                          transformers as described in subparagraph (E); and
                              (vi) ability to rapidly transition a spare
                          large power transformer from storage to
                          energization;
                        (I) eligibility criteria for withdrawal of equipment
                    from the Strategic Transformer Reserve;
                        (J) the process by which owners or operators of
                    critically damaged large power transformers or
                    substations that are critical electric infrastructure or
                    serve defense and military installations may apply for a
                    withdrawal from the Strategic Transformer Reserve;
                        (K) the process by which equipment withdrawn from
                    the Strategic Transformer Reserve is returned to the
                    Strategic Transformer Reserve or is replaced;
                        (L) possible fees to be paid by users of equipment
                    withdrawn from the Strategic Transformer Reserve;
                        (M) possible fees to be paid by owners and operators
                    of large power transformers and substations that are
                    critical electric infrastructure or serve defense and
                    military installations to cover operating costs of the
                    Strategic Transformer Reserve;
                        (N) the domestic and international large power
                    transformer supply chain;
                        (O) the potential reliability, cost, and operational
                    benefits of including emergency mobile substations in
                    any Strategic Transformer Reserve established under this
                    section; and
                        (P) other considerations for designing,
                    constructing, stocking, funding, and managing the
                    Strategic Transformer Reserve.

        (d) Disclosure of Information.--Any information included in the
    Strategic Transformer Reserve plan, or shared in the preparation and
    development of such plan, the disclosure of which could cause harm to
    critical electric infrastructure, shall be exempt from disclosure under
    section 552(b)(3) of title 5, United States Code, and any State, tribal,
    or local law requiring disclosure of information or records.
    SEC. 61005. ENERGY SECURITY VALUATION.

        (a) Establishment of Energy Security Valuation Methods.--Not later
    than 1 year after the date of enactment of this Act, the Secretary of
    Energy, in collaboration with the Secretary of State, shall develop and
    transmit, after public notice and comment, to the Committee on Energy
    and Commerce and the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Energy and Natural Resources and
    the Committee on Foreign Relations of the Senate a report that includes
    recommended United States energy security valuation methods. In
    developing the report, the Secretaries may consider the recommendations
    of the Administration's Quadrennial Energy Review released on April 21,
    2015. The report shall--
                (1) evaluate and define United States energy security to
            reflect modern domestic and global energy markets and the
            collective needs of the United States and its allies and
            partners;
                (2) identify transparent and uniform or coordinated
            procedures and criteria to ensure that energy-related actions
            that significantly affect the supply, distribution, or use of
            energy

    [[Page 129 STAT. 1783]]

            are evaluated with respect to their potential impact on energy
            security, including their impact on--
                        (A) consumers and the economy;
                        (B) energy supply diversity and resiliency;
                        (C) well-functioning and competitive energy markets;
                        (D) United States trade balance; and
                        (E) national security objectives; and
                (3) include a recommended implementation strategy that
            identifies and aims to ensure that the procedures and criteria
            referred to in paragraph (2) are--
                        (A) evaluated consistently across the Federal
                    Government; and
                        (B) weighed appropriately and balanced with
                    environmental considerations required by Federal law.

        (b) Participation.--In developing the report referred to in
    subsection (a), the Secretaries may consult with relevant Federal,
    State, private sector, and international participants, as appropriate
    and consistent with applicable law.

                         DIVISION G--FINANCIAL SERVICES

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

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

        Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
    is amended by striking ``21 days'' and inserting ``15 days''.
    SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING GROWTH
                                COMPANIES.

        Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
    is further amended by adding at the end the following: ``An issuer that
    was an emerging growth company at the time it submitted a confidential
    registration statement or, in lieu thereof, a publicly filed
    registration statement for review under this subsection but ceases to be
    an emerging growth company thereafter shall continue to be treated as an
    emerging market growth company for the purposes of this subsection
    through the earlier of the date on which the issuer consummates its
    initial public offering pursuant to such registrations statement or the
    end of the 1-year period beginning on the date the company ceases to be
    an emerging growth company.''.
    SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING GROWTH
                                COMPANIES.

        Section 102 of the Jumpstart Our Business Startups Act (Public Law
    112-106) <<NOTE: 15 USC 77g note.>>  is amended by adding at the end the
    following:

        ``(d) Simplified Disclosure Requirements.--With respect to an
    emerging growth company (as such term is defined under section 2 of the
    Securities Act of 1933):
                ``(1) Requirement to include notice on forms s-1 and f-1.--
            Not later than 30 days after the date of enactment of this
            subsection, the Securities and Exchange Commission shall

    [[Page 129 STAT. 1784]]

            revise its general instructions on Forms S-1 and F-1 to indicate
            that a registration statement filed (or submitted for
            confidential review) by an issuer prior to an initial public
            offering may omit financial information for historical periods
            otherwise required by regulation S-X (17 CFR 210.1-01 et seq.)
            as of the time of filing (or confidential submission) of such
            registration statement, provided that--
                        ``(A) the omitted financial information relates to a
                    historical period that the issuer reasonably believes
                    will not be required to be included in the Form S-1 or
                    F-1 at the time of the contemplated offering; and
                        ``(B) prior to the issuer distributing a preliminary
                    prospectus to investors, such registration statement is
                    amended to include all financial information required by
                    such regulation S-X at the date of such amendment.
                ``(2) Reliance by issuers.--Effective 30 days after the date
            of enactment of this subsection, an issuer filing a registration
            statement (or submitting the statement for confidential review)
            on Form S-1 or Form F-1 may omit financial information for
            historical periods otherwise required by regulation S-X (17 CFR
            210.1-01 et seq.) as of the time of filing (or confidential
            submission) of such registration statement, provided that--
                        ``(A) the omitted financial information relates to a
                    historical period that the issuer reasonably believes
                    will not be required to be included in the Form S-1 or
                    Form F-1 at the time of the contemplated offering; and
                        ``(B) prior to the issuer distributing a preliminary
                    prospectus to investors, such registration statement is
                    amended to include all financial information required by
                    such regulation S-X at the date of such amendment.''.

            TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION

    SEC. 72001. <<NOTE: 15 USC 78m note.>> SUMMARY PAGE FOR FORM 10-K.

        Not later than the end of the 180-day period beginning on the date
    of the enactment of this Act, the Securities and Exchange Commission
    shall issue regulations to permit issuers to submit a summary page on
    form 10-K (17 CFR 249.310), but only if each item on such summary page
    includes a cross-reference (by electronic link or otherwise) to the
    material contained in form 10-K to which such item relates.
    SEC. 72002. <<NOTE: 15 USC 77g note.>> IMPROVEMENT OF REGULATION
                                S-K.

        Not later than the end of the 180-day period beginning on the date
    of the enactment of this Act, the Securities and Exchange Commission
    shall take all such actions to revise regulation S-K (17 CFR 229.10 et
    seq.)--
                (1) to further scale or eliminate requirements of regulation
            S-K, in order to reduce the burden on emerging growth companies,
            accelerated filers, smaller reporting companies, and other
            smaller issuers, while still providing all material information
            to investors;
                (2) to eliminate provisions of regulation S-K, required for
            all issuers, that are duplicative, overlapping, outdated, or
            unnecessary; and

    [[Page 129 STAT. 1785]]

                (3) for which the Commission determines that no further
            study under section 72203 is necessary to determine the efficacy
            of such revisions to regulation S-K.
    SEC. 72003. <<NOTE: 15 USC 77s note.>> STUDY ON MODERNIZATION AND
                                SIMPLIFICATION OF REGULATION S-K.

        (a) Study.--The Securities and Exchange Commission shall carry out a
    study of the requirements contained in regulation S-K (17 CFR 229.10 et
    seq.). Such study shall--
                (1) determine how best to modernize and simplify such
            requirements in a manner that reduces the costs and burdens on
            issuers while still providing all material information;
                (2) emphasize a company by company approach that allows
            relevant and material information to be disseminated to
            investors without boilerplate language or static requirements
            while preserving completeness and comparability of information
            across registrants; and
                (3) evaluate methods of information delivery and
            presentation and explore methods for discouraging repetition and
            the disclosure of immaterial information.

        (b) Consultation.--In conducting the study required under subsection
    (a), the Commission shall consult with the Investor Advisory Committee
    and the Advisory Committee on Small and Emerging Companies.
        (c) Report.--Not later than the end of the 360-day period beginning
    on the date of enactment of this Act, the Commission shall issue a
    report to the Congress containing--
                (1) all findings and determinations made in carrying out the
            study required under subsection (a);
                (2) specific and detailed recommendations on modernizing and
            simplifying the requirements in regulation S-K in a manner that
            reduces the costs and burdens on companies while still providing
            all material information; and
                (3) specific and detailed recommendations on ways to improve
            the readability and navigability of disclosure documents and to
            discourage repetition and the disclosure of immaterial
            information.

        (d) Rulemaking.--Not later than the end of the 360-day period
    beginning on the date that the report is issued to the Congress under
    subsection (c), the Commission shall issue a proposed rule to implement
    the recommendations of the report issued under subsection (c).
        (e) Rule of Construction.--Revisions made to regulation S-K by the
    Commission under section 202 shall not be construed as satisfying the
    rulemaking requirements under this section.

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

    SEC. 73001. TECHNICAL CORRECTIONS.

        Title 31, United States Code, is amended--
                (1) in section 5112--
                        (A) in subsection (q)--
                              (i) by striking paragraphs (3) and (8); and

    [[Page 129 STAT. 1786]]

                              (ii) by redesignating paragraphs (4), (5),
                          (6), and (7) as paragraphs (3), (4), (5), and (6),
                          respectively;
                        (B) in subsection (t)(6)(B), by striking ``90
                    percent silver and 10 percent copper'' and inserting
                    ``not less than 90 percent silver''; and
                        (C) in subsection (v)--
                              (i) in paragraph (1), by striking ``Subject
                          to'' and all that follows through ``the Secretary
                          shall'' and inserting ``The Secretary shall'';
                              (ii) in paragraph (2)(A), by striking ``The
                          Secretary'' and inserting ``To the greatest extent
                          possible, the Secretary'';
                              (iii) in paragraph (5), by inserting after
                          ``may issue'' the following: ``collectible
                          versions of''; and
                              (iv) by striking paragraph (8); and
                (2) in section 5132(a)(2)(B)(i), by striking ``90 percent
            silver and 10 percent copper'' and inserting ``not less than 90
            percent silver''.
    SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.

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

                        TITLE LXXIV--SBIC ADVISERS RELIEF

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

        Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C.
    80b-3(l)) is amended--
                (1) by striking ``No investment adviser'' and inserting the
            following:
                ``(1) In general.--No investment adviser''; and
                (2) by adding at the end the following:
                ``(2) Advisers of sbics.--For purposes of this subsection, a
            venture capital fund includes an entity described in
            subparagraph (A), (B), or (C) of subsection (b)(7) (other than
            an entity that has elected to be regulated or is regulated as a
            business development company pursuant to section 54 of the
            Investment Company Act of 1940).''.
    SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.

        Section 203(m) of the Investment Advisers Act of 1940 (15 U.S.C.
    80b-3(m)) is amended by adding at the end the following:
                ``(3) Advisers of sbics.--For purposes of this subsection,
            the assets under management of a private fund that is an entity
            described in subparagraph (A), (B), or (C) of subsection (b)(7)
            (other than an entity that has elected to be regulated or is
            regulated as a business development company pursuant to section
            54 of the Investment Company Act of 1940) shall be excluded from
            the limit set forth in paragraph (1).''.
    SEC. 74003. RELATIONSHIP TO STATE LAW.

        Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 U.S.C.
    80b-3a(b)(1)) is amended--
                (1) in subparagraph (A), by striking ``or'' at the end;

    [[Page 129 STAT. 1787]]

                (2) in subparagraph (B), by striking the period at the end
            and inserting ``; or''; and
                (3) by adding at the end the following:
                        ``(C) that is not registered under section 203
                    because that person is exempt from registration as
                    provided in subsection (b)(7) of such section, or is a
                    supervised person of such person.''.

                 TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION

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

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

    shall not be required to provide an annual disclosure under this section
    until such time as the financial institution fails to comply with any
    criteria described in paragraph (1) or (2).''.

      TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES

    SEC. 76001. EXEMPTED TRANSACTIONS.

        (a) Exempted Transactions.--Section 4 of the Securities Act of 1933
    (15 U.S.C. 77d) is amended--
                (1) in subsection (a), by adding at the end the following
            new paragraph:
                ``(7) transactions meeting the requirements of subsection
            (d).'';
                (2) by redesignating the second subsection (b) (relating to
            securities offered and sold in compliance with Rule 506 of
            Regulation D) as subsection (c); and
                (3) by adding at the end the following:

        ``(d) Certain Accredited Investor Transactions.--The transactions
    referred to in subsection (a)(7) are transactions meeting the following
    requirements:
                ``(1) Accredited investor requirement.--Each purchaser is an
            accredited investor, as that term is defined in section
            230.501(a) of title 17, Code of Federal Regulations (or any
            successor regulation).
                ``(2) Prohibition on general solicitation or advertising.--
            Neither the seller, nor any person acting on the seller's

    [[Page 129 STAT. 1788]]

            behalf, offers or sells securities by any form of general
            solicitation or general advertising.
                ``(3) Information requirement.--In the case of a transaction
            involving the securities of an issuer that is neither subject to
            section 13 or 15(d) of the Securities Exchange Act of 1934 (15
            U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to
            section 240.12g3-2(b) of title 17, Code of Federal Regulations,
            nor a foreign government (as defined in section 230.405 of title
            17, Code of Federal Regulations) eligible to register securities
            under Schedule B, the seller and a prospective purchaser
            designated by the seller obtain from the issuer, upon request of
            the seller, and the seller in all cases makes available to a
            prospective purchaser, the following information (which shall be
            reasonably current in relation to the date of resale under this
            section):
                        ``(A) The exact name of the issuer and the issuer's
                    predecessor (if any).
                        ``(B) The address of the issuer's principal
                    executive offices.
                        ``(C) The exact title and class of the security.
                        ``(D) The par or stated value of the security.
                        ``(E) The number of shares or total amount of the
                    securities outstanding as of the end of the issuer's
                    most recent fiscal year.
                        ``(F) The name and address of the transfer agent,
                    corporate secretary, or other person responsible for
                    transferring shares and stock certificates.
                        ``(G) A statement of the nature of the business of
                    the issuer and the products and services it offers,
                    which shall be presumed reasonably current if the
                    statement is as of 12 months before the transaction
                    date.
                        ``(H) The names of the officers and directors of the
                    issuer.
                        ``(I) The names of any persons registered as a
                    broker, dealer, or agent that shall be paid or given,
                    directly or indirectly, any commission or remuneration
                    for such person's participation in the offer or sale of
                    the securities.
                        ``(J) The issuer's most recent balance sheet and
                    profit and loss statement and similar financial
                    statements, which shall--
                              ``(i) be for such part of the 2 preceding
                          fiscal years as the issuer has been in operation;
                              ``(ii) be prepared in accordance with
                          generally accepted accounting principles or, in
                          the case of a foreign private issuer, be prepared
                          in accordance with generally accepted accounting
                          principles or the International Financial
                          Reporting Standards issued by the International
                          Accounting Standards Board;
                              ``(iii) be presumed reasonably current if--
                                        ``(I) with respect to the balance
                                    sheet, the balance sheet is as of a date
                                    less than 16 months before the
                                    transaction date; and
                                        ``(II) with respect to the profit
                                    and loss statement, such statement is
                                    for the 12 months preceding the date of
                                    the issuer's balance sheet; and

    [[Page 129 STAT. 1789]]

                              ``(iv) if the balance sheet is not as of a
                          date less than 6 months before the transaction
                          date, be accompanied by additional statements of
                          profit and loss for the period from the date of
                          such balance sheet to a date less than 6 months
                          before the transaction date.
                        ``(K) To the extent that the seller is a control
                    person with respect to the issuer, a brief statement
                    regarding the nature of the affiliation, and a statement
                    certified by such seller that they have no reasonable
                    grounds to believe that the issuer is in violation of
                    the securities laws or regulations.
                ``(4) Issuers disqualified.--The transaction is not for the
            sale of a security where the seller is an issuer or a
            subsidiary, either directly or indirectly, of the issuer.
                ``(5) Bad actor prohibition.--Neither the seller, nor any
            person that has been or will be paid (directly or indirectly)
            remuneration or a commission for their participation in the
            offer or sale of the securities, including solicitation of
            purchasers for the seller is subject to an event that would
            disqualify an issuer or other covered person under Rule
            506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject
            to a statutory disqualification described under section 3(a)(39)
            of the Securities Exchange Act of 1934.
                ``(6) Business requirement.--The issuer is engaged in
            business, is not in the organizational stage or in bankruptcy or
            receivership, and is not a blank check, blind pool, or shell
            company that has no specific business plan or purpose or has
            indicated that the issuer's primary business plan is to engage
            in a merger or combination of the business with, or an
            acquisition of, an unidentified person.
                ``(7) Underwriter prohibition.--The transaction is not with
            respect to a security that constitutes the whole or part of an
            unsold allotment to, or a subscription or participation by, a
            broker or dealer as an underwriter of the security or a
            redistribution.
                ``(8) Outstanding class requirement.--The transaction is
            with respect to a security of a class that has been authorized
            and outstanding for at least 90 days prior to the date of the
            transaction.

        ``(e) Additional Requirements.--
                ``(1) In general.--With respect to an exempted transaction
            described under subsection (a)(7):
                        ``(A) Securities acquired in such transaction shall
                    be deemed to have been acquired in a transaction not
                    involving any public offering.
                        ``(B) Such transaction shall be deemed not to be a
                    distribution for purposes of section 2(a)(11).
                        ``(C) Securities involved in such transaction shall
                    be deemed to be restricted securities within the meaning
                    of Rule 144 (17 CFR 230.144).
                ``(2) Rule of construction.--The exemption provided by
            subsection (a)(7) shall not be the exclusive means for
            establishing an exemption from the registration requirements of
            section 5.''.

        (b) Exemption in Connection With Certain Exempt Offerings.--Section
    18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
    amended--

    [[Page 129 STAT. 1790]]

                (1) by redesignating the second subparagraph (D) and
            subparagraph (E) as subparagraphs (E) and (F), respectively;
                (2) in subparagraph (E), as so redesignated, by striking ``;
            or'' and inserting a semicolon;
                (3) in subparagraph (F), as so redesignated, by striking the
            period and inserting ``; or''; and
                (4) by adding at the end the following new subparagraph:
                        ``(G) section 4(a)(7).''.

         TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY

    SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.

        Section 222 of the Low-Income Housing Preservation and Resident
    Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the
    end the following new subsection:
        ``(e) Distribution and Residual Receipts.--
                ``(1) Authority.--After the date of the enactment of this
            subsection, the owner of a property subject to a plan of action
            or use agreement pursuant to this section shall be entitled to
            distribute--
                        ``(A) annually, all surplus cash generated by the
                    property, but only if the owner is in material
                    compliance with such use agreement including compliance
                    with prevailing physical condition standards established
                    by the Secretary; and
                        ``(B) notwithstanding any conflicting provision in
                    such use agreement, any funds accumulated in a residual
                    receipts account, but only if the owner is in material
                    compliance with such use agreement and has completed, or
                    set aside sufficient funds for completion of, any
                    capital repairs identified by the most recent third
                    party capital needs assessment.
                ``(2) Operation of property.--An owner that distributes any
            amounts pursuant to paragraph (1) shall--
                        ``(A) continue to operate the property in accordance
                    with the affordability provisions of the use agreement
                    for the property for the remaining useful life of the
                    property;
                        ``(B) as required by the plan of action for the
                    property, continue to renew or extend any project-based
                    rental assistance contract for a term of not less than
                    20 years; and
                        ``(C) if the owner has an existing multi-year
                    project-based rental assistance contract for less than
                    20 years, have the option to extend the contract to a
                    20-year term.''.
    SEC. 77002. FUTURE REFINANCINGS.

        Section 214 of the Low-Income Housing Preservation and Resident
    Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the
    end the following new subsection:
        ``(c) Future Financing.--Neither this section, nor any plan of
    action or use agreement implementing this section, shall restrict an
    owner from obtaining a new loan or refinancing an existing loan secured
    by the project, or from distributing the proceeds of such a loan; except
    that, in conjunction with such refinancing--

    [[Page 129 STAT. 1791]]

                ``(1) the owner shall provide for adequate rehabilitation
            pursuant to a capital needs assessment to ensure long-term
            sustainability of the property satisfactory to the lender or
            bond issuance agency;
                ``(2) any resulting budget-based rent increase shall include
            debt service on the new financing, commercially reasonable debt
            service coverage, and replacement reserves as required by the
            lender; and
                ``(3) for tenants of dwelling units not covered by a
            project- or tenant-based rental subsidy, any rent increases
            resulting from the refinancing transaction may not exceed 10
            percent per year, except that--
                        ``(A) any tenant occupying a dwelling unit as of
                    time of the refinancing may not be required to pay for
                    rent and utilities, for the duration of such tenancy, an
                    amount that exceeds the greater of--
                              ``(i) 30 percent of the tenant's income; or
                              ``(ii) the amount paid by the tenant for rent
                          and utilities immediately before such refinancing;
                          and
                        ``(B) this paragraph shall not apply to any tenant
                    who does not provide the owner with proof of income.

    Paragraph (3) may not be construed to limit any rent increases resulting
    from increased operating costs for a project.''.
    SEC. 77003. <<NOTE: 12 USC 4104 note.>> IMPLEMENTATION.

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

                TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF

    SEC. 78001. REVIEWS OF FAMILY INCOMES.

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

    [[Page 129 STAT. 1792]]

                   TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY

    SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.

        Subsection (g) of section 423 of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ``private
    nonprofit organization,'' after ``unit of general local government,''.
    SEC. 79002. REALLOCATION OF FUNDS.

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

                      TITLE LXXX--CHILD SUPPORT ASSISTANCE

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

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

                   TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING

    SEC. 81001. <<NOTE: 42 USC 12712 note.>> BUDGET-NEUTRAL
                                DEMONSTRATION PROGRAM FOR ENERGY AND
                                WATER CONSERVATION IMPROVEMENTS AT
                                MULTIFAMILY RESIDENTIAL UNITS.

        (a) Establishment.--The Secretary of Housing and Urban Development
    (in this section referred to as the ``Secretary'') shall establish a
    demonstration program under which the Secretary may execute budget-
    neutral, performance-based agreements in fiscal years 2016 through 2019
    that result in a reduction in energy or water costs with such entities
    as the Secretary determines to be appropriate under which the entities
    shall carry out projects for energy or water conservation improvements
    at not more than 20,000 residential units in multifamily buildings
    participating in--
                (1) the project-based rental assistance program under
            section 8 of the United States Housing Act of 1937 (42 U.S.C.
            1437f), other than assistance provided under section 8(o) of
            that Act;

    [[Page 129 STAT. 1793]]

                (2) the supportive housing for the elderly program under
            section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
                (3) the supportive housing for persons with disabilities
            program under section 811(d)(2) of the Cranston-Gonzalez
            National Affordable Housing Act (42 U.S.C. 8013(d)(2)).

        (b) Requirements.--
                (1) Payments contingent on savings.--
                        (A) In general.--The Secretary shall provide to an
                    entity a payment under an agreement under this section
                    only during applicable years for which an energy or
                    water cost savings is achieved with respect to the
                    applicable multifamily portfolio of properties, as
                    determined by the Secretary, in accordance with
                    subparagraph (B).
                        (B) Payment methodology.--
                              (i) In general.--Each agreement under this
                          section shall include a pay-for-success provision
                          that--
                                        (I) shall serve as a payment
                                    threshold for the term of the agreement;
                                    and
                                        (II) requires that payments shall be
                                    contingent on realized cost savings
                                    associated with reduced utility
                                    consumption in the participating
                                    properties.
                              (ii) Limitations.--A payment made by the
                          Secretary under an agreement under this section--
                                        (I) shall be contingent on
                                    documented utility savings; and
                                        (II) shall not exceed the utility
                                    savings achieved by the date of the
                                    payment, and not previously paid, as a
                                    result of the improvements made under
                                    the agreement.
                        (C) Third-party verification.--Savings payments made
                    by the Secretary under this section shall be based on a
                    measurement and verification protocol that includes at
                    least--
                              (i) establishment of a weather-normalized and
                          occupancy-normalized utility consumption baseline
                          established pre-retrofit;
                              (ii) annual third-party confirmation of actual
                          utility consumption and cost for utilities;
                              (iii) annual third-party validation of the
                          tenant utility allowances in effect during the
                          applicable year and vacancy rates for each unit
                          type; and
                              (iv) annual third-party determination of
                          savings to the Secretary.
                    An agreement under this section with an entity shall
                    provide that the entity shall cover costs associated
                    with third-party verification under this subparagraph.
                (2) Terms of performance-based agreements.--A performance-
            based agreement under this section shall include--
                        (A) the period that the agreement will be in effect
                    and during which payments may be made, which may not be
                    longer than 12 years;
                        (B) the performance measures that will serve as
                    payment thresholds during the term of the agreement;
                        (C) an audit protocol for the properties covered by
                    the agreement;

    [[Page 129 STAT. 1794]]

                        (D) a requirement that payments shall be contingent
                    on realized cost savings associated with reduced utility
                    consumption in the participating properties; and
                        (E) such other requirements and terms as determined
                    to be appropriate by the Secretary.
                (3) Entity eligibility.--The Secretary shall--
                        (A) establish a competitive process for entering
                    into agreements under this section; and
                        (B) enter into such agreements only with entities
                    that, either jointly or individually, demonstrate
                    significant experience relating to--
                              (i) financing or operating properties
                          receiving assistance under a program identified in
                          subsection (a);
                              (ii) oversight of energy or water conservation
                          programs, including oversight of contractors; and
                              (iii) raising capital for energy or water
                          conservation improvements from charitable
                          organizations or private investors.
                (4) Geographical diversity.--Each agreement entered into
            under this section shall provide for the inclusion of properties
            with the greatest feasible regional and State variance.
                (5) Properties.--A property may only be included in the
            demonstration under this section only if the property is subject
            to affordability restrictions for at least 15 years after the
            date of the completion of any conservation improvements made to
            the property under the demonstration program. Such restrictions
            may be made through an extended affordability agreement for the
            property under a new housing assistance payments contract with
            the Secretary of Housing and Urban Development or through an
            enforceable covenant with the owner of the property.

        (c) Plan and Reports.--
                (1) Plan.--Not later than 90 days after the date of
            enactment of this Act, the Secretary shall submit to the
            Committees on Appropriations and Financial Services of the House
            of Representatives and the Committees on Appropriations and
            Banking, Housing, and Urban Affairs of the Senate a detailed
            plan for the implementation of this section.
                (2) Reports.--Not later than 1 year after the date of
            enactment of this Act, and annually thereafter, the Secretary
            shall--
                        (A) conduct an evaluation of the program under this
                    section; and
                        (B) submit to Congress a report describing each
                    evaluation conducted under subparagraph (A).

        (d) Funding.--For each fiscal year during which an agreement under
    this section is in effect, the Secretary may use to carry out this
    section any funds appropriated to the Secretary for the renewal of
    contracts under a program described in subsection (a).

    [[Page 129 STAT. 1795]]

     TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS

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

        (a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
    U.S.C. 1424(a)) is amended by adding at the end the following new
    paragraph:
                ``(5) Certain privately insured credit unions.--
                        ``(A) In general.--Subject to the requirements of
                    subparagraph (B), a credit union shall be treated as an
                    insured depository institution for purposes of
                    determining the eligibility of such credit union for
                    membership in a Federal home loan bank under paragraphs
                    (1), (2), and (3).
                        ``(B) Certification by appropriate supervisor.--
                              ``(i) In general.--For purposes of this
                          paragraph and subject to clause (ii), a credit
                          union which lacks Federal deposit insurance and
                          which has applied for membership in a Federal home
                          loan bank may be treated as meeting all the
                          eligibility requirements for Federal deposit
                          insurance only if the appropriate supervisor of
                          the State in which the credit union is chartered
                          has determined that the credit union meets all the
                          eligibility requirements for Federal deposit
                          insurance as of the date of the application for
                          membership.
                              ``(ii) Certification deemed valid.--If, in the
                          case of any credit union to which clause (i)
                          applies, the appropriate supervisor of the State
                          in which such credit union is chartered fails to
                          make a determination pursuant to such clause by
                          the end of the 6-month period beginning on the
                          date of the application, the credit union shall be
                          deemed to have met the requirements of clause (i).
                        ``(C) Security interests of federal home loan bank
                    not avoidable.--Notwithstanding any provision of State
                    law authorizing a conservator or liquidating agent of a
                    credit union to repudiate contracts, no such provision
                    shall apply with respect to--
                              ``(i) any extension of credit from any Federal
                          home loan bank to any credit union which is a
                          member of any such bank pursuant to this
                          paragraph; or
                              ``(ii) any security interest in the assets of
                          such credit union securing any such extension of
                          credit.
                        ``(D) Protection for certain federal home loan bank
                    advances.--Notwithstanding any State law to the
                    contrary, if a Bank makes an advance under section 10 to
                    a State-chartered credit union that is not federally
                    insured--
                              ``(i) the Bank's interest in any collateral
                          securing such advance has the same priority and is
                          afforded the same standing and rights that the
                          security interest

    [[Page 129 STAT. 1796]]

                          would have had if the advance had been made to a
                          federally insured credit union; and
                              ``(ii) the Bank has the same right to access
                          such collateral that the Bank would have had if
                          the advance had been made to a federally insured
                          credit union.''.

        (b) Copies of Audits of Private Insurers of Certain Depository
    Institutions Required To Be Provided to Supervisory Agencies.--Section
    43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
    1831t(a)(2)(A)) is amended--
                (1) in clause (i), by striking ``and'' at the end;
                (2) in clause (ii), by striking the period at the end and
            inserting ``; and''; and
                (3) by inserting at the end the following new clause:
                              ``(iii) in the case of depository institutions
                          described in subsection (e)(2)(A) the deposits of
                          which are insured by the private insurer which are
                          members of a Federal home loan bank, to the
                          Federal Housing Finance Agency, not later than 7
                          days after the audit is completed.''.
    SEC. 82002. GAO REPORT.

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

                   TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM

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

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

    [[Page 129 STAT. 1797]]

                 TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION

    SEC. 84001. <<NOTE: 15 USC 77g note.>> FORWARD INCORPORATION BY
                                REFERENCE FOR FORM S-1.

        Not later than 45 days after the date of the enactment of this Act,
    the Securities and Exchange Commission shall revise Form S-1 so as to
    permit a smaller reporting company (as defined in section 230.405 of
    title 17, Code of Federal Regulations) to incorporate by reference in a
    registration statement filed on such form any documents that such
    company files with the Commission after the effective date of such
    registration statement.

        TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION

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

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

              TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS

    SEC. 86001. REPEAL.

        (a) Derivatives Clearing Organizations.--Section 5b(k)(5) of the
    Commodity Exchange Act (7 U.S.C. 7a-1(k)(5)) is amended to read as
    follows:
                ``(5) Confidentiality agreement.--Before the Commission may
            share information with any entity described in paragraph (4),
            the Commission shall receive a written agreement from each
            entity stating that the entity shall abide by the
            confidentiality requirements described in section 8 relating to
            the information on swap transactions that is provided.''.

        (b) Swap Data Repositories.--Section 21 of the Commodity Exchange
    Act (7 U.S.C. 24a(d)) is amended--
                (1) in subsection (c)(7)--

    [[Page 129 STAT. 1798]]

                        (A) in the matter preceding subparagraph (A), by
                    striking ``all'' and inserting ``swap''; and
                        (B) in subparagraph (E)--
                              (i) in clause (ii), by striking ``and'' at the
                          end; and
                              (ii) by adding at the end the following:
                              ``(iv) other foreign authorities; and''; and
                (2) by striking subsection (d) and inserting the following:

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

        (d) <<NOTE: 7 USC 7a-1 note.>> Effective Date.--The amendments made
    by this section shall take effect as if enacted as part of the Dodd-
    Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
    203).

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

    SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS.

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

    [[Page 129 STAT. 1799]]

    TITLE LXXXVIII <<NOTE: State Licensing Efficiency Act of 2015.>> --STATE
    LICENSING EFFICIENCY
    SEC. 88001. <<NOTE: 12 USC 5101 note.>> SHORT TITLE.

        This title may be cited as the ``State Licensing Efficiency Act of
    2015''.
    SEC. 88002. BACKGROUND CHECKS.

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

         TITLE LXXXIX <<NOTE: Helping Expand Lending Practices in Rural
     Communities Act of 2015.>> --HELPING EXPAND LENDING PRACTICES IN RURAL
    COMMUNITIES
    SEC. 89001. <<NOTE: 15 USC 1601 note.>> SHORT TITLE.

        This title may be cited as the ``Helping Expand Lending Practices in
    Rural Communities Act of 2015'' or the ``HELP Rural Communities Act of
    2015''.
    SEC. 89002. <<NOTE: 12 USC 5512 note.>> DESIGNATION OF RURAL AREA.

        (a) Application.--Not later than 90 days after the date of the
    enactment of this Act, the Bureau of Consumer Financial Protection shall
    establish an application process under which a person who lives or does
    business in a State may, with respect to an area identified by the
    person in such State that has not been designated by the Bureau as a
    rural area for purposes of a Federal consumer financial law (as defined
    under section 1002 of the Consumer Financial Protection Act of 2010),
    apply for such area to be so designated.
        (b) Evaluation Criteria.--When evaluating an application submitted
    under subsection (a), the Bureau shall take into consideration the
    following factors:
                (1) Criteria used by the Director of the Bureau of the
            Census for classifying geographical areas as rural or urban.
                (2) Criteria used by the Director of the Office of
            Management and Budget to designate counties as metropolitan or
            micropolitan or neither.
                (3) Criteria used by the Secretary of Agriculture to
            determine property eligibility for rural development programs.
                (4) The Department of Agriculture rural-urban commuting area
            codes.
                (5) A written opinion provided by the State's bank
            supervisor, as defined under section 3(r) of the Federal Deposit
            Insurance Act (12 U.S.C. 1813(r)).
                (6) Population density.

        (c) Rule of Construction.--If, at any time prior to the submission
    of an application under subsection (a), the area subject to review has
    been designated as nonrural by any Federal agency described under
    subsection (b) using any of the criteria described

    [[Page 129 STAT. 1800]]

    under subsection (b), the Bureau shall not be required to consider such
    designation in its evaluation.
        (d) Public Comment Period.--
                (1) In general.--Not later than 60 days after receiving an
            application submitted under subsection (a), the Bureau shall--
                        (A) publish such application in the Federal
                    Register; and
                        (B) make such application available for public
                    comment for not fewer than 90 days.
                (2)  Limitation on additional applications.--Nothing in this
            section shall be construed to require the Bureau, during the
            public comment period with respect to an application submitted
            under subsection (a), to accept an additional application with
            respect to the area that is the subject of the initial
            application.

        (e) Decision on Designation.--Not later than 90 days after the end
    of the public comment period under subsection (d)(1) for an application,
    the Bureau shall--
                (1) grant or deny such application, in whole or in part; and
                (2) publish such grant or denial in the Federal Register,
            along with an explanation of what factors the Bureau relied on
            in making such determination.

        (f) Subsequent Applications.--A decision by the Bureau under
    subsection (e) to deny an application for an area to be designated as a
    rural area shall not preclude the Bureau from accepting a subsequent
    application submitted under subsection (a) for such area to be so
    designated, so long as such subsequent application is made after the end
    of the 90-day period beginning on the date that the Bureau denies the
    application under subsection (e).
        (g) Sunset.--This section shall cease to have any force or effect
    after the end of the 2-year period beginning on the date of the
    enactment of this Act.
    SEC. 89003. OPERATIONS IN RURAL AREAS.

        The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--

    [[Page 129 STAT. 1801]]

                (1) <<NOTE: 15 USC 1639c.>> in section 129C(b)(2)(E)(iv)(I),
            by striking ``predominantly''; and
                (2) <<NOTE: 15 USC 1639d.>> in section 129D(c)(1), by
            striking ``predominantly''.

        Approved December 4, 2015.

    LEGISLATIVE HISTORY--H.R. 22:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 114-357 (Comm. of Conference).
    SENATE REPORTS: No. 114-3 (Comm. on Finance).
    CONGRESSIONAL RECORD, Vol. 161 (2015):
                Jan. 6, considered and passed House.
                July 24, 26-30, considered and passed Senate, amended.
                Nov. 3-5, House concurred in certain Senate amendment and in
                    another with an amendment.
                Dec. 3, House and Senate agreed to conference report.

                                      <all>