[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).
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(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;
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``(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
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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
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``(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
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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
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``(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 Administ